09-10-2013 (City Council) Minutes _41 Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, September 10, 2013 -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 6:00 p.m. City Secretary Carole Ehrlich took roll
call with the following City Council members present: Mayor pro tern Rick White, Councilwoman
Diane Culver, Councilman Keith Stephens, Councilman Bennie Jones, Councilman Todd
Wintters, and Councilman Nathan Scott.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief,
Randy Corbin; Police Chief, John Duscio; City Engineer, Chris Hoisted; Planning Director, Renae
011ie; Finance Director, Linda Bantz; Executive Director of WEDC, Sam Satterwhite; Library
Director, Rachel Orozco; Public Services Director, Mike Sferra; City Secretary, Carole Ehrlich;
PIO, Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Randy Corbin gave the invocation and Battalion Chief Brent Parker led the Pledge of
Allegiance.
PRESENTATIONS
• Proclamation-Childhood Cancer Awareness Month
Mayor Hogue presented a proclamation designating the month of September as Childhood
Cancer Awareness Month. Childhood cancer survivors and their families were present to accept
the proclamation. They included: Joseph and Virginia Kimotho, parents of Zarah Kimotho; Nathan
and Whitney Sewell, parents of Sophie Sewell; and, Joshua and Jennifer Haynes, parents of
Trenton Haynes.
• Recognition of the 25 student participants in the Texas Amateur Athletic Federation
Game in Corpus Christi July 25th—28th
Twenty five student athletes representing the Mutiny Elite Track and Field Club of Wylie competed
in the Texas Amateur Athletic Federation (TAAF) Region 7 held in Corpus Christi July 25 — 28
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Mayor Hogue and the Wylie City Council recognized these athletes for their achievements during
the event.
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.
Dennis Keck, residing at 1902 Clear Water, Wylie, addressed council concerned with the low voter
turnout for municipal elections and lack of communication from the City to its citizens.
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 desirect 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 August 27, 2013 Regular
Meeting and the September 3, 2013 Special Called Meeting of the Wylie City
Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2013-19(R) authorizing the City
Manager of the City of Wylie, Texas, to execute an agreement for the provision
of firefighting and fire protection services between the City of Wylie,. Texas`and
Collin County, Texas. (R. Corbin, Fire Chief
C. Consider, and act upon, approval of a Final Plat for Alanis Crossing Phase I
consisting of 29.292 acres for 52 single family residential lots and 1 open space
lot dedicated for drainage purposes, generally located west of F.M. 544, south of
Alanis Drive. (R. 011ie, Planning Director)
D. Consider, and act upon, approval of a Final Plat for Braddock Place Phase III,
establishing 51 single family residential lots and two open space lots on 18.322
acres, generally located northwest of Elm Drive and F.M. 544. (R. 011ie, Planning
Director)
E. Consider, and act upon, approval of the Bylaws, and Rules of Procedure as set
forth by the Historic Review Commission. (R. 011ie, Planning Director)
F. Consider, and act upon, approval of a Replat for Brown & Burns Addition,
Block 2, Lot 26R consisting of.603 acre for a Church,House of Worship.on one
lot, generally located southeast of Jefferson Street and N.Jackson Avenue. Zoned
DTH. (R. 011ie, Planning Director) .
G. Consider, and act upon, approval and final acceptance of the reconstruction of
East Brown Street from SH 78 to Wylie East Drive and..authorize final payment
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to Tiseo Paving Company in the amount of$386,647.30 and accept the project as
complete. (C. Hoisted, City Engineer)
H. Consider, and act upon, approval of Ordinance No. 2013-34, amending
Subsection B (Water Rates) and Subsection C (Sewage Collection and Treatment
Rates) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee
Schedule. (C. Hoisted, City Engineer)
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Wintters to approve the
consent agenda as presented. A vote was taken and the motion passed 7-0.
Mayor Hogue recessed the Wylie City Council meeting.
RECESS CITY COUNCIL
CALL TO ORDER THE PARKS & RECREATION 4B BOARD
4B Chair, Mayor Eric Hogue called the Parks & Recreation 4B Board to order at 6:10 p.m.
Secretary Ehrlich took roll with the following members present: Chair Eric Hogue, Dan Chestnut
(Parks Board), Councilman Rick White, Councilman Nathan Scott, and Councilman Keith
Stephens. Board members Coda Hampton and Jeff Harris were absent.
1. Consider,and act upon,approval of the Minutes from the September 11,2012 Special
Called Meeting of the Wylie Parks and Recreation Facilities Development
Corporation (4B). (C. Ehrlich, City Secretary)
Staff Comments
Board Secretary Ehrlich presented the September 11, 2012 Wylie Parks and Recreation 4B Board minutes
for approval.
Board Action
A motion was made by board member Scott, seconded by board member White to approve the
minutes of September 11, 2012 of the Wylie Parks and Recreation Facilities Development
Corporation (4B) as presented. A vote was taken and the motion passed 5-0 with board members
Hampton and Harris absent.
2. Consider, and act upon, the appointment of the Wylie Parks and Recreation Facilities
Development Corporation (4B) Vice Chairman from its board members for a term
beginning September 10, 2013 and ending December 31, 2014 to fill an unexpired
term. (C. Ehrlich, City Secretary)
Staff Comments
4B Board Secretary Ehrlich addressed the board stating that currently, Mayor Hogue holds the position of
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4B Chair and Anne Hiney served as Vice Chair. In May of 2013 Anne Hiney declined from serving another
term on the Parks and Recreation 4B board and therefore a replacement must be appointed to serve out
the unexpired term of September 10,2013 to December 31, 2014.
Board Action
A motion was made by board member White, seconded by board member Scott to appoint Dan
Chestnut as Vice Chairman of Wylie Parks and Recreation Facilities Development Corporation
(4B) Board to serve the unexpired term of September 10, 2013 to December 31, 2014. A vote
was taken and the motion passed 5-0 with board members Hampton and Harris absent.
3. Consider, and act upon, approval of the FY 2013-2014 4B Budget and authorize
expenditures for the FY 2013-2014 Community Services Facilities Capital
Improvement Plan. (L. Bantz, Finance Director)
Staff Comments
Finance Director Bantz addressed the board stating that the Parks,_and Recreation Facilities Development
Corporation was established in accordance with State law as a result of the January 15, 1994 election
approving the %2 cent sales tax for parks and recreation projects. Each board member had been given a
copy of the proposed 2013/14 4B Budget for review and approval.
Board Action
A motion was made by board member White, seconded by board member. Chestnut to approve
the FY 2013-2014 4B budget and authorize expenditures for the FY 2013-2014 Community
Services Facilities.Capital Improvement Plan. A vote was taken and the motion passed 5-0 with
board members Harris and Hampton absent. .
ADJOURN
Board Action
With no further business before the Wylie Parks and Recreation Facilities Development
Corporation (4B) Board, a motion was made by board member White, seconded by board
member Scott to adjourn the meeting at 7:10 p.m. A vote was taken and the motion passed 5-0
with board members Harris and Hampton absent.
REGULAR AGENDA
Mayor Hogue reconvened into the Wylie City Council Regular Session at.6:15 p.m.
RECONVENE INTO.REGULAR SESSION OF THE WYLIE CITY COUNCIL
REGULAR AGENDA
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1. Consider, and act upon, approving the property tax increase reflected in the budget.
(L. Bantz, Finance Director)
Staff Comments
Finance Director Bantz addressed council stating that the tax rate needed to fund the FY 2013-2014
budget is $0.883900 per $100 of assessed valuation. Although this tax rate represents a decrease of
$0.005 (one-half cent)from the tax rate in FY 2012-2013, there will be an increase in tax revenue the City
receives due to new property that was added to the tax roll and an increase in the total property assessed
valuation. Section 26.05 of the Texas Property Tax Code requires the governing body to hold a separate
vote to ratify this property tax increase that is reflected in the budget.
Councilwoman Culver asked Finance Director Bantz if this item was actually a reduction in the property tax
rate. Bantz replied that the property tax rate is proposed to go from $0.8889 to $0.8839 per $100 of
assessed valuation which is a reduction in the rate of% cent. She noted that the revenues collected from
property tax this year are higher than last year due to new residential and commercial property which
triggered the requirement to hold two public hearings and pass this action.
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman White to approve the tax
rate increase reflected in the budget. A vote was taken and the motion passed 7-0. A vote was
taken and the motion passed 7-0.
2. Consider, and act upon, Ordinance No. 2013-35 adopting a budget and appropriating
resources for Fiscal Year 2013-2014, beginning October 1, 2013, and ending
September 30,2014. (L. Bantz, Finance Director)
Staff Comments
Finance Director Bantz addressed council stating that the tax rate being proposed for Fiscal Year 2013-
2014 is $0.8839 per$100 of assessed valuation. The proposed budget includes all operating and capital
funds and includes the budget for the Wylie Economic Development Corporation.
Bantz noted the adoption of the FY 2013-2014 tax rate is presented as a separate agenda item.
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman White to approve
Ordinance No. 2013-35 adopting the budget and appropriating resources for Fiscal Year 2013-
2014 beginning October 1, 2013 and ending September 30, 2014. A vote was taken and the
motion passed 7-0.
3. Consider, and act upon, Ordinance No. 2013-36 fixing the tax rate and levy for the
City of Wylie, Texas, upon all taxable property in the City of Wylie, Texas, for the
purpose of paying the current expenses of the city for the fiscal year ending
September 30, 2014, and for the further purpose of creating a sinking fund to retire
the principal and interest of the bonded indebtedness of the City; providing for a lien
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on all real and personal property to secure payment of taxes due thereon. (L. Bantz,
Finance Director)
Staff Comments
Finance Director Bantz addressed council stating that the tax rate being proposed for Fiscal Year 2013-
2014 is$0.8839 per$100 of assessed valuation. The previous year the tax rate was$0.8889 which is a '/2
cent reduction in the tax rate. The attached summary of all operating and capital funds includes the budget
for the Wylie Economic Development Corporation. Bantz noted the adoption of the FY 2013-2014 tax rate
is presented as a separate agenda item.
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Scott, to adopt
Ordinance No. 2013-36 fixing the tax rate and levy for the City of Wylie, Texas, upon all taxable.
property in the City of Wylie, Texas, for the purpose of paying the current expenses of the City for
the fiscal year ending September 30, 2014, and for the further purpose of creating a sinking fund
to retire the principal and interest of the bonded indebtedness of the City; providing fora lien on all
real and personal property to secure payment of taxes due thereon. I further move that the
property tax rate be increased by the adoption of a tax rate of $0.8839 per $100 of assessed
valuation which is effectively a 3.36% increase in the tax rate. A vote was taken and the motion
passed 7-0.
Mayor Hogue moved into work session at 6:50 p.m.
WORK SESSION
• Discussion regarding the proposed Dominion of Pleasant Valley Development. (Mayor
Hogue)
Mayor Hogue opened the work session and asked Planning Director 011ie to give some facts
about the proposed zoning for the Dominion of Pleasant Valley and generally Wylie's
comprehensive zoning.
Planning Director 011ie addressed council stating that while straight zoning requires that base
standards be met with a selection of desirables, Planned Development Districts allow for
innovative standards that exceed the base or in some cases are less than minimum standards.
However, PDs are viewed on an overall concept or master plan. 011ie presented a comparable
between the City's current straight zoning and the master plan development proposed by the
developer of Dominion at Pleasant Valley.
011ie explained staff presented straight zoning of.10,000 s.f lots with.2,400 s.f. dwelling size
versus the added amenities and standards of a Planned Development. In addition the proposed
PD exceeds the required parkland dedication in terms of fees and land. 011ie noted, a portion of
the properties in this zoning were zoned under previous standards with less desirables.
The current Land Use Plan indicates General Urban Sector for the subject tract. This category
allows for a live, work and play environment that could include, but is not limited to, light
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commercial, research and development uses, and some high density within mixed use
developments.
011ie noted that in her professional opinion, the additional amenities and increased standards that
can be required in a planned development will significantly increase the price point; the use of
straight zoning cannot force a developer into a price point.
City Engineer Hoisted addressed drainage within the development. He displayed the FEMA map
and designated the flood plain in the area. He noted the final new FEMA map would more than
likely be much like the map presented. He displayed some current housing in the area that was
currently in the flood plain.
Hoisted addressed water consumption and availability, stating that each year the City sends
population estimates to the North Texas Municipal Water District. Water demands are calculated
to show water availability through 2025, based on the estimated population. Councilwoman
Culver noted that East Fork Water District had presented at a previous meeting regarding this
development and had stated that their plans did show sufficient water for new homes in this area.
Hoisted reviewed flood and detention areas upstream of the development. Mayor Hogue asked,
with many of the cities detention areas close by, how does the City insure the area doesn't get
flooded? Hoisted replied the City would assume the worst case scenario on the flood study and
work from that assumption to insure drainage is achieved.
RECONVENE INTO REGULAR SESSION OF THE WYLIE CITY COUNCIL
PUBLIC HEARING
4. Hold a Public Hearing and consider, and act upon, amending the zoning from
Neighborhood Services(NS),Agricultural District(AG/30),and Planned Development
2002-07 to Planned Development-Single Family District(PD-SF) for a master planned
community consisting of varied density single family dwellings on 292.515 acres.
Located west and south of Pleasant Valley Road and south of Sachse Road/South
Ballard Ave. ZC 2013-05 (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed council stating that the applicant is requesting to establish permanent
zoning on approximately 292 acres. There are three separate tracts of land included in this request. Tract
2 is approximately 68 acres and is currently zoned Planned Development 2002-07, Tract 3 is approximately
139 acres, and Tract 4 is approximately 80 acres in size.
Ron Haynes, developer, addressed council stating that he had proposed a quality master planned
development for consideration by the council. Haynes stated that it was his intent to build a quality master
planned development that would be in the top half of new home sales in Wylie starting at a price point of
$250,000 and up. Open areas, gazebos, pools, walking trails, and small parks will be part of this
development, owned by the City and maintained by the HOA. These amenities are worth $3.2 million not
including land costs.
He noted that if this proposal or a similar proposal were denied, developers could come in and apply for
straight zoning which could split the four parcels, making it extremely hard to develop the property. He
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noted that all four land owners were currently under contract to sell under this master planned development.
Mayor Hogue asked if trees in the development would be preserved. Planning Director 011ie stated that she
and Mr. Haynes would insure that all large trees would be preserved.
Councilwoman Culver stated that it was important to remember that this development was approved
previously by this council; it is only back on a technicality on the City's part. She stated "since the first
presentation and ultimate approval by council, the proposal has been improved and therefore, in my
personal opinion this item should be approved by council." Councilwoman Culver explained that currently
an average home in Wylie is valued at $150,000; which is $100,000 shy of the break even for minimum
standards of city services ($250,000 breakeven). This increases property tax rates in order to make up the
difference in home value(property tax)to cost for City service rendered. She explained this proposal would
close that gap.
Public Hearing
Mayor Hogue opened the public hearing on Zoning Case No. 2013-05 at 7:50 p.m. asking anyone
present wishing to address council to come forward and limit their comments to three minutes for
individuals and six minutes for those speaking on behalf of others.
Mary Ann Nall and Cindy Conoly, residents of Wylie, and Jay Wooldridge, Chris Lander, Larry
Rubbini and Shay Bruner Nicoud, non-residents of Wylie, all spoke in favor of the proposed
zoning case.
Jon Chumbley and Dennis Larson, both residents of Wylie, spoke against the proposed zoning
case. Nancy Hansen, Charles Penot (speaking for Ernest Castillo), Rebecca Sanoja, Alexis
Tapp, Gerry Jones, Marty Williams, Sandra Ritzmann, Cara Hervey, Cliff Martin, Linda Knight, Pat:
Martin, Jan Anderson, Janice Frank, and Steven Montgomery, all non-residents of Wylie, spoke
against the proposed zoning case.
Mayor Hogue closed the public hearing at 9:25 p.m.
Council Action
A motion was made.by Councilwoman Culver, seconded by Councilman White to amend the
zoning from Neighborhood Services (NS), Agricultural District (AG/30), and Planned Development
2002-07 to Planned Development-Single Family District (PD-SF) for a master planned community
consisting of varied density single family swellings on 292.515 acres. Located west and south of
Pleasant Valley Road and south of Sachse Road/South Ballard Avenue. Zoning Case#2013-05.
A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tern White,
Councilwoman Culver, Councilman Scott, Councilman Wintters and Councilman Stephens voting
for and Councilman Jones voting against.
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 2013-34, 2013-35, and 2013-
36 into the official record.
ADJOURNMENT
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With no further business before the Wylie City Council, a motion was made by Councilman Jones,
seconded by Councilwoman Culver to adjourn the meeting at 8:32 p.m. A vote was taken and the
motion passed 7-0.
Eric Hogue, May r
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