08-25-2015 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, August 25, 2015—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 6:02 p.m. with the following City Council
members present: Mayor Eric Hogue, Mayor pro tem Keith Stephens, Councilwoman Candy
Arrington, Councilman Todd Wintters, Councilwoman Diane Culver, Councilman William
Whitney III, and Councilman David Dahl.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire
Chief, Brent Parker; Development Services Director, Renae 011ie; Finance Director, Linda
Bantz; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various
support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor pro tem Stephens gave the invocation and Councilwoman Culver led the Pledge of
Allegiance.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Mayor Hogue called on Eddie Cortez after completion of the regular agenda. Mr. Cortez,
General Manager of The Rock, addressed Council requesting City Council consider an
ordinance allowing for late hours alcohol sales with food permit(12:00—2:00 a.m.).
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 August 11,2015 Regular Meeting of the
Wylie City Council. (C. Ehrlich, City Secretary)
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Wylie City Council
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B. Consider,and act upon, Ordinance No. 2015-27 amending exhibit"A"of the Ordinance No.
2010-08 and Section IX (Parks and Recreation) of Appendix C (Wylie Comprehensive Fee eil
Schedule) of the Wylie Code of Ordinances, Ordinance No. 2005-07, to clarify and modify
certain fees and rules applicable to the Wylie Recreation Center: Providing a penalty clause,
savings/repealing clause, severability clause and effective date; and providing for the
publication of the caption hereof. (R. Diaz,Parks and Recreation Superintendent)
C. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic
Development Corporation as of July 31,2015. (S. Satterwhite, WEDC Director)
D. Consider,and place on file,the City of Wylie Monthly Investment Report for July 31,2015.
(L. Bantz, Finance Director)
E. Consider,and place on file,the City of Wylie Monthly Revenue and Expenditure Report for
July 31,2015. (L. Bantz, Finance Director)
Council Action
A motion was made by Councilman Wintters, seconded by Councilwoman Culver to approve the
Consent Agenda as presented. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
Tabled Item from 08-11-2015
Remove from the Table and Consider:
Council Action
A motion was made by Councilman Dahl, seconded by Councilman Wintters to remove Item #1
from the table and consider. A vote was taken and the motion passed 7-0.
1. Consider, and act upon, Resolution No. 2015-18(R) authorizing and approving a certain
amended Certificate of Corporate Resolution 2015-01(R) adopted by the Board of Directors
of the Wylie Economic Development Corporation authorizing one or more loans in the
aggregate amount of$387,317.13 from The American National Bank of Texas and pledging
the 1/2 cent sales tax for economic development as collateral to secure the repayment of said
loan(s). (S. Satterwhite, WEDC Director)
Staff Comments
Wylie Economic Development Executive Director Satterwhite addressed Council stating the WEDC Board
of Directors approved an amended Resolution on August 19, 2015 which authorizes the borrowing of
$387,317.13 from The American National Bank of Texas and the pledging of the WEDC '/:cent sales tax
for economic development as collateral for the repayment of the same. $185,000 of the total loan amount
will be utilized to purchase a property from Cora Jones upon which K&M Automotive is currently doing
business. The balance of $202,317.13 will be used to refinance an existing note held by an individual
from whom the EDC purchased a property on Commerce Street in Wylie with the new rate being 1%
lower than the existing rate.
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Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Dahl to approve
Resolution No. 2015-18(R) authorizing and approving a certain amended Certificate of
Corporate Resolution 2015-01(R) adopted by the Board of Directors of the Wylie Economic
Development Corporation authorizing one or more loans in the aggregate amount of
$387,317.13 from The American National Bank of Texas and pledging the 1/2 cent sales tax for
economic development as collateral to secure the repayment of said loan(s). A vote was taken
and the motion passed 7-0.
Tabled Item from 08-11-2015
Remove from the Table and Consider:
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Wintters to remove
Item#2 from the table and consider. A vote was taken and the motion passed 7-0.
2. Hold a Public Hearing and consider, and act upon,a change in zoning from Agricultural-30
(AG/30) to Planned Development-Single-Family (PD-SF), to allow for residential uses of
varied densities on approximately 45 acres, generally located west of E. Stone Road and
approximately 2,100 feet south of Brown Street. ZC 2015-08 (R. 011ie, Development Services
Director)
Staff Comments
Development Services Director 011ie addressed Council stating that the applicant is requesting to
establish permanent zoning on approximately 45 acres of land annexed into the City in April 2014.
The revised conditions of the Planned Development included lot sizes of 7,200 s.f. with an average lot
size of 8,000 s.f., with 60' widths. Lots to the east of the open space/park area will have an average lot
size of 8,090 s.f. Lots to the west of the open space/park area will have an average lot size of 10,105 s.f.
Dwelling sizes range from a minimum of 2,000 s.f. to 2,400 s.f. or greater, with 30% being 2,000 s.f. and
the balance being 2,400 s.f. or greater. 011ie reported the maximum number of lots would not exceed 160
lots.
011ie explained the item was taken back to the Parks Board per Council request. The board recommends
approval of the combination of parkland dedication and fees. The developer is proposing to install
$215,020 worth of park improvements plus contingency of $21,502 for a total of $236,522. The Board
clarified that this amount is for parkland improvements only. The combination of parkland and
improvements meets the parkland requirements. 011ie reported the Parks Board recommends 6-0 for
approval. The Planning and Zoning Commission recommends 6-0 for approval.
Council Discussion
Fred Phillips, applicant, corrected the average lot size to be 8,500 s.f. Councilwoman Culver stated
concerns with the existence of 7,200 s.f. lots after Council discussion. She stated that her understanding
was that those lot sizes would be increased. Councilman Dahl stated he wished to insure the retention of
the many large trees on the property. Mayor pro tern Stephens asked how many of the lots in this
development would be 7,200 s.f. Mr. Phillips replied a total of 80 lots would be 7,200 s.f. Mayor Hogue
asked how many total lots were in the development. Mr. Phillips replied 154. Mayor Hogue noted 80
smaller lots was 58%of the total lots.
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Wylie City Council
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Councilwoman Arrington stated her importance was the quality of homes built and preserving trees on the
property. Councilman Dahl stated he had no problem with the lot size; the only affect was a slightly less
side yard. Councilman Wintters concurred. Councilwoman Culver stated she had concerns with the high
percentage of 7,200 s.f. lots. Mayor pro tem Stephens concurred.
Councilman Dahl asked the applicant if there would be a compromise for the smaller lots. Mr. Phillips
replied he would be able to reduce the 7,200 s.f. lot size to 25% (maximum of 38 lots). Mayor Hogue
asked if the reduction in small lots could be made on the west side of the park where the larger lots were
located. Mr. Phillips replied that would be the area he would start removing small lots.
Public Hearing
Mayor Hogue opened the public hearing at 6:35 p.m. asking anyone present wishing to address
Council to come forward.
Chad and Bethany Packard, residence in the area, addressed Council with concerns regarding
the tree lines separating their home and the new development. They requested the trees along
the southern border be retained and that one level homes be built adjacent to their property.
Mayor Hogue advised them to speak with the developer regarding the tree retention and
construction issues.
Rick White, also a resident in the area, spoke in favor of the development.
Robert Kreymer, owner of the property, addressed Council stating that he had every intention of
using a 16 acre parcel near the new development to create a senior living cottage development
with assisted living available.
Mayor Hogue closed the public hearing at 6:45 p.m.
Council Action
A motion was made by Councilman Wintters, seconded by Councilman Dahl to approve a
change in zoning from Agricultural-30 (AG/30) to Planned Development-Single-Family (PD-SF),
to allow for residential uses of varied densities on approximately 45 acres, generally located
west of E. Stone Road and approximately 2,100 feet south of Brown Street. ZC 2015-08 with
the following provisions: the minimum lot size of 7,200 s.f. is capped at 25% or 38 lots and the
remaining 75% of the lots must be a minimum of 8,000 s.f. or greater. A vote was taken and the
motion passed 7-0.
3. Hold a Public Hearing on the fiscal year 2015-2016 Proposed Budget and provide all
interested persons an opportunity to be heard, either for or against any item in the
proposed budget; and set and announce the date, time and place of the meeting at which
Council will vote on the final proposed budget. (L. Bantz, Finance Director)
Staff Comments
Finance Director Bantz addressed Council stating that a Public Hearing is required to be held on the
fiscal year 2015-2016 Proposed Budget. In addition the date, time, and place that the vote will be taken
on the final budget must also be scheduled. Any changes made to the proposed tax rate or Proposed
Budget could affect required publications and steps in the tax rate and budget approval process.
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Public Hearing
Mayor Hogue opened the public hearing on the proposed budget at 7:10 p.m. asking anyone
present wishing to address Council on this item to come forward.
No one was present wishing to address Council.
Mayor Hogue closed the public hearing at 7:11 p.m.
Council Action
A motion was made by Mayor pro tern Stephens, seconded by Councilman Whitney to set
September 8, 2015 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300
Country Club Road, Wylie, TX as the date, time, and place at which Council will vote on the final
budget. A vote was taken and the motion passed 7-0.
4. Hold a Public Hearing on the proposed tax rate of$0.8689 for fiscal year 2015-2016 and
provide all interested persons an opportunity to be heard,either for or against the proposed
tax rate; and announce the date, time and place of the meeting at which the Council will
vote on the tax rate. (L. Bantz, Finance Director)
Staff Comments
Finance Director Bantz addressed Council stating that in accordance with the "Truth in Taxation" laws of
the State of Texas, on August 11, 2015, the City Council voted on the proposed tax rate and scheduled
two public hearings on the proposed tax rate. The first public hearing is to be held on August 25, 2015
and the second public hearing is scheduled for September 1, 2015. The proposed 2015-16 budget is
based on a tax rate of $0.8689 per $100 valuation. Any changes made to the proposed tax rate or
Proposed Budget could affect required publications and steps in the tax rate and budget approval
process.
Public Hearing
Mayor Hogue opened the public hearing on the proposed tax rate at 7:12 p.m. asking anyone
present wishing to address Council on this item to come forward.
No one was present wishing to address Council.
Mayor Hogue closed the public hearing at 7:13 p.m.
Council Action
A motion was made by Mayor pro tern Stephens, seconded by Councilman Dahl to set
September 8, 2015 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300
Country Club Road, Wylie, TX as the date, time, and place at which Council will vote on the final
tax rate. A vote was taken and the motion passed 7-0.
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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 caption to Ordinance No. 2015-27 into the official record.
Mayor Hogue convened into Executive Session at 7:20 p.m. reading the captions below.
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.
• Discussion regarding property generally located near the intersection of Country Club
and Brown St.
• Discussion of the sale/acquisition of properties by the Wylie EDC located near the
intersection of Cooper Drive& State Highway 78 and Commerce Street&Business Way.
§§Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS; CLOSED MEETING. This chapter does not require a governmental body to
conduct an open meeting:
(1) to discuss or deliberate regarding commercial or financial information that the governmental body
has received from a business prospect that the governmental body seeks to have locate, stay, or
expand in or near the territory of the governmental body and with which the governmental body is
conducting economic development negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by
Subdivision(1).
• Discussion regarding a Performance Agreement between the Wylie EDC and Project
2015-2a.
Mayor Hogue reconvened into Open Session at 7:45 p.m.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
There was no Council action taken as a result of Executive Session.
ADJOURNMENT
A motion was made by Councilwoman Culver, seconded by Councilman Whitney to adjourn the
meeting at 7:46. p.m. A vote was taken and the motion passed 7-0. 3
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Wylie City Council
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Wylie City Council
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