11-11-2014 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, November 11, 2014-6:00 p.m.
Wylie Municipal Complex-Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:05 p.m. City Secretary Carole Ehrlich took
roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tern
Keith Stephens, Councilman Nathan Scott, Councilman Bennie Jones (arrived 6:50 pm.),
Councilman David Dahl, Councilman Todd Wintters and Councilman William Whitney III.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Assistant Fire Chief, Brandon Blythe; Planning Director, Renae' 011ie; Finance Director Linda
Bantz; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich; Public
Information Officer, Craig Kelly; and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Eric Hogue gave the invocation and City Manager Mindy Manson led the Pledge of
Allegiance.
PRESENTATIONS
• Presentation-The Wylie Way Students-1st 9 Weeks(Mayor Eric Hogue)
Mayor Hogue and Mayor pro tern Stephens presented medallions to students demonstrating
"Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as
the"Wylie Way Student."
• Presentation—Kenneth Everett Math Revolution"No Pencil,No Paper,No
Calculator(Mayor Eric Hogue)
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Mayor Hogue presented a proclamation recognizing November as "Math Awareness Month".
The proclamation was presented to Kenneth Everett, author of Math Revolution "No Pencil, No
Paper, No Calculator".
• Presentation— City of Wylie Employee Anniversary(L. Fagerstrom, Human Resources
Manager)
• Renae' 011ie—Planning and Zoning Director—10 years
Mayor Hogue and City Manager Manson presented a plaque to Planning Director, Renae' 011ie
in appreciation of her 10th year of service to the City of Wylie. 011ie's husband Don and children
Donovan and Ja'Quay attended the presentation.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
No citizens were present wishing to address Council during Citizens Comments.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider,and act upon,approval of the Minutes of the October 28,2014 Regular Meeting of
the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of September 30, 2014. (S. Satterwhite, WEDC
Director)
C. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement with
Collin County and the Rita and Truett Smith Public Library for library services for fiscal
year 2014-2015 in the amount of$29,765.03. (R. Orozco, Library Director)
D. Consider, and act upon, Ordinance No. 2014-38, amendments to: Article 3 (Residential
Standards), Article 5 (Use Regulations) of the City of Wylie Zoning Ordinance No. 2001-48,
as amended, related to Low-Density Residential Districts. (ZC 2014-07)(R.011ie, Planning and
Zoning Director)
E. Consider, and act upon, Ordinance No. 2014-39, amending the zoning from Single-Family
10/24 (SF-10/24) to Single-Family Estate District (SF-ED) as amended, related to Low-
Density Residential Districts, located south of McMillen Road and west of Country Club
Road; being Lots 3 through 9 in the McMillen Farms Addition and Lots 1-1 through 1-9 and
2-10A& 2-10B in the McMillen Estates Addition. (ZC 2014-07)(R. 011ie, Planning and Zoning
Director)
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F. Consider, and act upon, approval of a Final Plat for Inspiration, Phase 2 consisting of 25
acres to establish 76 single family residential lots and 2 open space common areas for a
master planned development within Wylie's ETJ, generally located north of Parker Road
(F.M.2414)and east of Aztec Trail.(R. 011ie, Planning and Zoning Director)
G. Consider, and act upon, approval of a Final Plat for Kreymer Estates Phase II consisting of
23.171 acres for 60 single family residential lots and 2 open space lots dedicated to the City of
Wylie, generally located west of W.A. Allen Boulevard, south of E. Brown Street. (R. 011ie,
Planning and Zoning Director)
H. Consider, and act upon, Ordinance No. 2014-40, amending the zoning from Townhouse
District (TH) to Planned Development-Townhouse District (PD-TH), for single-family
attached residential development on approximately 10 acres, located north of FM 544 and
east of Westgate Way. ZC 2014-08(R. 011ie, Planning and Zoning Director)
Council Action
A motion was made by Councilman Wintters, seconded by Mayor pro tern Stephens to approve
the Consent Agenda as presented. A vote was taken and the motion passed 5-0 with
Councilman Jones and Councilman Scott absent.
REGULAR AGENDA
1. Hold a Public Hearing and consider, and act upon a change in zoning from Commercial
Corridor District (CC) to Light Industrial District (LI), to allow for a Pawnshop use,
generally located north of FM 544 and east of Springwells Parkway, (2801 FM 544). ZC
2014-09(R. 011ie, Planning and Zoning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the applicant is requesting to withdraw the
application as submitted. The subject property totals approximately .588 acres in size and contains a
6,600 square foot building with multi-tenant spaces of varied commercial uses, and is platted as A&W
Properties. She noted the public hearing must be opened per the legal publication and Council could then
consider the request for withdrawal.
Public Hearing
Mayor Hogue opened the public hearing on ZC 2014-09 at 6:30 pm asking anyone present
wishing to address Council on this item to come forward.
No citizens were present wishing to address Council.
Mayor Hogue closed the public hearing at 6:31 pm.
Council Action
A motion was made by Mayor pro tern Stephens, seconded by Councilman Scott to accept the
withdrawal of Zoning Case 2014-09 by the applicant. A vote was taken and the motion passed
6-0 with Councilman Jones absent.
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2. Hold a Public Hearing and consider, and act upon, amending PD 2011-07 of the Estates of
Creekside to decrease the front yard and rear yards for Tract A lots for the purpose of
constructing larger homes with expanded outdoor living areas, generally located south of
Parker Road and approximately '/ mile west of Country Club Road. ZC 2014-10 (R.011ie,
Planning and Zoning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the subject tract was part of a Planned
Development approved on March 27, 2001 in order to develop a master planned residential community. A
Final Plat was approved in 2012 and created 63 single-family residential lots and three open space lots.
The intent of the amendment is to decrease the front and rear yard setbacks for Tract A and Tract B to
address builder and market demands for a deeper pad for the purpose of constructing larger homes. The
applicant is proposing a decrease as follows:
1. Tract A lots front setback from 25 feet to 20 feet.
2. Tract A lots rear yard setback from 25 feet to 20 feet.
3. Tract B lots front yard setback from 30 feet to 25 feet.
4. Tract B lots rear yard setback from 25 feet to 20 feet.
In 2011, an amendment was adopted to allow for a wider main (north/south) route to a collector street and
to add alleys to prevent any direct driveway access onto the collector. The adopted Ordinance allowed a
front yard minimum setback of 25'for Tract A lots, and 30'for Tract B lots.
Applicant Mathew Alexander representing Cambridge Companies gave a short presentation regarding his
request for reduced setbacks and the project amenities within the proposed PD amendments.
Council Discussion
Mayor Hogue asked who Cambridge had been considering for builders in this proposed development. Mr.
Alexander replied, no contracts had been signed but conversations were progressing with Drees and
Shaddock Home Builders as well as other builders in that caliber of builder.
Councilman Wintters voiced concern with the front entry garages having only a 20' setback. Councilman
Wintters asked Mr. Alexander if cars would overhang onto the sidewalks when parked in the driveways.
Mr. Alexander replied no, generally store parking spaces are 9' by 18'. Planning Director 011ie suggested
that three car front entry garages have J swing garages for two of the three garages which would give a
setback of more than 20'. Councilman Wintters replied he believed that would solve the issue and was
the right thing to do. Mayor Hogue asked Mr. Alexander if this would be something he could adhere to.
Mr. Alexander replied without knowing the product design the builder would propose, it would be hard to
adhere to the additional setback or J swing designs.
Councilman Dahl voiced his concern with cars encroaching on the sidewalks and asked Mr. Alexander if
the PD could be revised to require J swing on all front entry 3 car garages. The second stipulation would
be if the front entry garage did not have a J swing design there would be an additional 3' setback for the
garage; the home could still be the 20' setback. Mr. Alexander replied that builders would not want to
redraw their plans; they would either buy lots that fit the design or find another lot. He explained that his
application for the amended PD was based on desire from the builders.
Councilman Wintters asked Planning Director 011ie what her opinion was regarding front setbacks with
front entry garages. Ms. 011ie replied that she felt the current PD request would work with 20' setbacks
and felt that most would be J swing garage designs or lots with front entry garages would end up having
more front setback footage. 13
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Wylie City Council
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Public Hearing
Mayor Hogue opened the public hearing on ZC 2014-10 at 6:55 pm asking anyone present
wishing to address Council on this item to come forward.
No citizens were present wishing to address Council.
Mayor Hogue closed the public hearing at 6:57 pm.
Council Action
A motion was made by Mayor pro tern Stephens, seconded by Councilman Jones to approve,
amending PD 2011-07 of the Estates of Creekside to decrease the front yard and rear yards for
Tract A lots and Tract B lots for the purpose of constructing larger homes with expanded
outdoor living areas, generally located south of Parker Road and approximately % mile west of
Country Club Road.( ZC 2014-10) A vote was taken and the motion passed 6-1 with Mayor
Hogue, Mayor pro tern Stephens, Councilman Jones, Councilman Wintters, Councilman
Whitney and Councilman Dahl voting for approval and Councilman Scott voting against.
3. Consider and act upon issues surrounding a Retail Development Agreement between the
City of Wylie and B&B Theatre Operating Company(S. Satterwhite, WEDC Director)
Staff Comments
WEDC Executive Director Satterwhite addressed Council stating that on December 13, 2011 the City of
Wylie entered into a Retail Development Agreement with B&B Theaters Operating Company. The
Agreement calls for the City to provide B&B with a sales tax grant of '/z cent (.005) of the sales tax
generated from B&B Theatre. Among other criteria required to qualify for the Tax Grant, B&B was to
provide documentation on or before December 31, 2014 of an appraised value for the project of not less
than $10,000,000. The existing value for real and personal property located on site equals$7,328,267 as
determined by the Collin County Central Appraisal District. Under the City of Wylie Retail Development
Agreement all current and future Tax Grants are voided should B&B default on the agreed upon terms.
Satterwhite explained the Wylie Economic Development Corporation (WEDC) also has an incentive
agreement with B&B under which a $100,000 incentive payment was made to B&B upon issuance of a
certificate of occupancy. Also under the WEDC Agreement, B&B is eligible to earn annual grants of
$25,000 along with a 1/4 cent sales tax reimbursement for the next five years. Unlike the City of Wylie
Agreement, the WEDC Performance Agreement allows B&B to earn incentives in future years should
there be a default with the valuation requirement dropped all together after year three of the Agreement.
B&B President Mr. Robert Bagby has requested that the City of Wylie waive any valuation requirement
under the Retail Development Agreement and fully fund the Tax Grant. The WEDC received a similar
letter with the only difference being that it was requested that the WEDC reduce its incentive based upon
a percentage shortfall of valuation.
Based upon documentation provided by the Comptroller of Public Accounts, B&B was eligible to receive
$25,820 in sales tax reimbursements from both the City and WEDC in November 2014 had it met all
performance measures. The cumulative grants and sales tax reimbursement B&B is eligible to earn from
both the WEDC and City of Wylie is capped at$600,000.
Satterwhite reported the WEDC Board agrees with Mr. Bagby that B&B "lived up to their end of the
agreement" in that a "state of the art entertainment facility" was developed and that B&B had little control
over the appraised value. However, a $10 mm figure was utilized in developing the incentive package
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with a $2.7 mm shortfall in valuation representing $67,422 in property taxes that will not be collected
annually by the City and WISD which cannot be discounted. Further, B&B is benefitting greatly from a
reduced valuation by reducing its annual tax liability. Therefore, the WEDC proposes to Council that the
WEDC Performance Agreement be left intact(while reducing the valuation requirement to$7.2 mm), and
recommends that Council voids the City of Wylie Retail Development Agreement. Staff estimates that
this amended incentive package provides B&B with approximately 74% of the maximum incentive
available under the original Agreements.
Councilman Jones asked what the City stands to lose if this agreement is cancelled. Mr. Satterwhite
explained, based on the agreement the City would be receiving approximately $20,000 less in property
taxes and would not be paying$20,000 per year in incentives which would be a wash.
Council Action
A motion was made by Councilman Wintters, seconded by Councilman Whitney to declare B&B
Theatres Operating Company in Default of the Retail Development Agreement between the City
of Wylie and B&B thus terminating any obligation to fund Tax Grants contemplated under the
Agreement. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tern
Stephens, Councilman Wintters, Councilman Scott, Councilman Whitney and Councilman Dahl
voting for and Councilman Jones voting against.
Mayor Hogue recessed into Executive Session reading the caption below at 7:25 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
%Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A
governmental body may conduct a closed meeting to deliberate the purchase,exchange,lease,or value
of real property if deliberation in an open meeting would have a detrimental effect on its negotiating
position.
• Real Property(Bart Peddicord building,land and adjacent parking lot)
Mayor Hogue reconvened into Regular Session at 7:36 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
4. Consider, and act upon, the award of Bid #W2014-77-B Sale of Real Property (Bart
Peddicord building,land and adjacent parking lot)in the amount of$482,956.00 to the Wylie
Economic Development Corporation, and authorizing the City Manager to execute any
necessary documents.
(J. Butters,Asst. City Manager)
Council Action
A motion was made by Councilman Dahl, seconded by Councilman Scott to authorize the award
of Bid #W2014-77-B for the Sale of Real Property (Bart Peddicord building, land and adjacent
parking lot) in the amount of$482,956.00 to the Wylie Economic Development Corporation, and
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authorizing the City Manager to execute any necessary documents. A vote was taken and the
motion passed 7-0.
5. Consider, and act upon, Resolution No. 2014-40(R) approving a certain Resolution adopted
by the Board of Directors of the Wylie Economic Development Corporation authorizing one
or more loans in the aggregate amount of $722,365 from The American National Bank of
Texas and pledging the %cent sales tax for economic development as collateral to secure the
repayment of said loan(s).(S. Satterwhite, WEDC Director)
Staff Comments
WEDC Executive Director Satterwhite addressed Council stating that the WEDC Board anticipates
Council acceptance of a bid to purchase the Bart Peddicord Center for $338,300 and a City-owned
parking lot on Jackson Street($144,656). The WEDC also has under contract a ±6.6 acre tract on Alanis
Drive ($420,000) which the WEDC will utilize for promoting light industrial development. The WEDC
intends to borrow 80% of the purchase price for the above properties from The American National Bank
of Texas and will approve all necessary documentation on 11-7-14.
Council Action
A motion was made by Councilman Scott, seconded by Mayor pro tern Stephens to approve
Resolution No. 2014-40(R) authorizing the WEDC to enter into debt in the amount of$722,365
and pledge its sales tax receipts to secure said debt for the purchase of industrial property on
Alanis Drive, and two properties on Jackson Street (Peddicord Center and City parking lot),. A
vote was taken and the motion passed 7-0.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Ehrlich read the captions to Ordinance No.'s 2014-38, 2014-39, and 2014-40
into the official record.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made Councilman Whitney,
seconded by Councilman Jones to adjourn the meeting at 7:43 p.m. A vote was taken and tf
motion passed 7-0.
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Wylie 1 ouncil
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