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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 Minutes September 10, 2013 Wylie City Council Page 1 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 Minutes September 10, 2013 Wylie City Council Page 2 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 Minutes September 10, 2013 Wylie City Council Page 3 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 Minutes September 10, 2013 Wylie City Council Page 4 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 Minutes September 10, 2013 Wylie City Council Page 5 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 Minutes September 10, 2013 Wylie City Council Page 6 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 Minutes September 10, 2013 Wylie City Council Page 7 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 Minutes September 10,2013 Wylie City Council Page 8 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 ATTEST: oF Ca a Ehrlich C ty Secretary V-11174, 0- gP 4Y s01887° s T9TE of TESP' Minutes September 10, 2013 Wylie City Council Page 9