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12-13-2016 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes City Council Meeting Monday, December 13, 2016—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 Ehrlich took roll call with the following City Council members present: Mayor pro tern Keith Stephens, Councilman David Dahl, Councilman Jeff Forrester, Councilwoman Candy Arrington, and Councilwoman Diane Culver. Councilman William Whitney Ill was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Chris Hoisted; Development Services Director, Renae 011ie; Fire Chief, Brent Parker; Police Chief, Anthony Henderson; Finance Director, Linda Bantz; City Engineer, Tim Porter; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich„ and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Eric Hogue gave the invocation and City Manager Mindy Manson led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak 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. Melissa Patterson, residing in Rockwall, addressed Council with concerns regarding traffic stops during the hours of 5 p.m. —10 p.m. Minutes December 13, 2016 Wylie City Council Page 1 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 November 14,2016 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2016-30 amending Ordinance No. 2016-20, which established the budget for fiscal year 2016-2017; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for October 31, 2016. (L.Bantz, Finance Director) D. Consider,and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31,2016. (L. Bantz, Finance Director) E. Consider, and act upon, approval of a Final Plat for Liberty Private School Addition, creating one commercial lot on 9.673 acres,generally located in the City of Wylie ETJ on FM 544 generally located east of FM 544 and north of Bozman Road. (R. 011ie, Development Services Director) F. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of October.31,2016. (S.Satterwhite, WEDC Director) G. Consider,and act upon,the award of bid#W2017-16-B for City of Wylie Community Park Parking Lot Improvements to GT Construction in the amount of $209,957.00, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) H. Consider, and act upon, the approval of wireless services and products from Verizon in the estimated annual amount of$70,000.00 through a State of Texas Department of Information Resources (DIR) contract, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) I. Consider, and act upon, the award of bid #W2017-17-B for Wylie Fire Rescue Burn House Improvements to GT Construction Inc. in the amount of$62,395.00, and authorize the City Manager to execute any necessary documents. (G. Hayes,Purchasing) J. Consider,and act upon,the approval of the purchase of additional roofing services from D &G Quality Roofing in the estimated amount of$105,000.00 through a cooperative purchasing contract with Choice Partners/Harris County Department of Education; and authorize the City Manager to execute any necessary documents. (G. Hayes, Purchasing) K. Consider,and act upon,Resolution No.2016-32(R)authorizing the City Manager of the City of Wylie, Texas to execute an Encroachment on Easement agreement with Oncor Electric Delivery Company LLC to construct, operate and maintain a hike and bike trail in the Oncor easement which is recorded in Volume 620, Page 284 of the Deed Records of Collin Minutes December 13, 2016 Wylie City Council Page 2 County, Texas for the Wylie Municipal Complex East Meadow Trail project. (M. Sferra, Community Services Director) Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Dahl to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. REGULAR AGENDA 1. Hold a Public Hearing and consider,and act upon,a change in zoning from Agricultural-30 (A-30) to Single-Family 10/24 (SF-10/24) for Serene Villas Subdivision, creating approximately 13 residential lots on 5.23 acres,generally located west of Kreymer Lane and north of Stone Road, (1023 S. Kreymer Ln) ZC 2016-13 (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the applicant is requesting rezoning for 5.23 acres from the current AG/30 (Agricultural) to SF-10/24 (Single Family). The property was annexed into the City in November 2016. Additionally, this request is part of an overall larger request that includes an additional 16 acres to the north(already within city limits)that was rezoned in August 2016. Public Hearing Mayor Hogue opened the public hearing on ZC 2016-13 at 6:11 p.m. asking anyone present wishing to address Council to come forward. One person spoke against the zoning with regard to the closing of a mobile home park within the zoned area. With no other citizens wishing to address Council, Mayor Hogue closed the public hearing. Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tern Stephens to approve a change in zoning from Agricultural-30 (A-30) to Single-Family 10/24 (SF-10/24) for Serene Villas Subdivision, creating approximately 13 residential lots on 5.23 acres, generally located west of Kreymer Lane and north of Stone Road, (1023 S. Kreymer Ln) ZC 2016-13. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 2. Hold a Public Hearing and consider, and act upon, a change in zoning from Commercial Corridor (CC) and Light Industrial (LI) to Planned Development- Commercial Corridor (PD-CC),creating a single commercial lot on 4.904 acres,generally located at the southeast corner of FM 544 and Springwell Parkway. ZC 2016-14 (R. 011ie, Development Services Director) Minutes December 13, 2016 Wylie City Council Page 3 • Staff Comments Development Services Director 011ie addressed council stating that the applicant is requesting a change in zoning to a Planned Development with Commercial Corridor being the underlying zoning district. The applicant has requested the change of zoning to a planned development as the developer encountered issues with compliance of the zoning ordinance due to the unique location of the lot having 3 street frontages. The proposal includes the development of a grocery store to be called Lidl that measures 35,962 square feet. Variations between the PD and the Zoning Ordinance are the allowance for the building to be setback 10 feet away from Regency Drive, signage being allowed a maximum height of 10 feet and the architectural exterior material requirements having some variation to the requirements of the zoning ordinance as shown in Exhibit "D" of the Planned Development Regulations. The developer was able to get to 16% stone on the Front Facade of the elevations which is 4% short of the 20% requirement. The developer encountered limitations in allocating area for the stone due to the design of the building including a large percentage of curtain wall windows. Staff has reviewed the final elevations and believes that the exterior materials used, complies with the intent of the zoning ordinances in regards to achieving visual variety. An additional difference from the zoning.ordinance in the Planned Development is the allowance for parking lots that measure 18' by 10' with a 2' overhang. The minimum parking requirements will remain the same and the developer is in compliance by providing 185 parking spaces surpassing the minimum requirement of 120 parking spaces. The developer will also be placing a 4' wide meandering sidewalk along FM 544 and Springwell Parkway and complies with all of the landscaping requirements of the zoning ordinance. The Planned Development is written in a manner that ensures that any variations to the zoning ordinance in the PD can only be allowed to the grocery store's development. Any future development that doesn't match the concept plan shown in the Planned Development will be required to adhere to the underlying Commercial Corridor base zoning. Mayor pro tern Stephens asked if the back side of the store was landscaped. 011ie replied yes it was. Mayor Hogue asked when the company would break ground on the project. Mrs. Sarah Williamson, civil engineer for the project, stated she was not aware of the date. Public Hearing Mayor Hogue opened the public hearing on ZC 2016-14 at 6:26 p.m. asking anyone present wishing to address Council to come forward. Charles McClure addressed Council stating that he owned the property across the street from the proposed store. He stated this was a very difficult lot to develop. He felt the proposal was a very good use of the property. Mayor Hogue closed the public hearing at 6: 28 p.m. Council Action A.motion was made by Councilwoman Culver, seconded by Councilman Dahl to approve a change in zoning from Commercial Corridor (CC) and Light Industrial (LI) to Planned Development- Commercial Corridor (PD-CC), creating a single commercial lot on 4.904 acres, generally located at the southeast corner of FM 544 and Springwell Parkway. ZC 2016-14 A vote was taken and the motion passed 6-0 with Councilman Whitney absent. Minutes December 13, 2016 Wylie City Council Page 4 3. Hold a Public Hearing and consider, and act upon, amending Planned Development 2015- 11-Single Family District(PD2015-11-SF) to allow a minimum lot size of 7,200 sf on Lots 2- 9 Block B, Lots 13-16 & 19-22 Block C, Lots 2-6 & 9-13 Block D, and Lots 2-8 Block F on approximately 38 acres, generally located at the northeast corner of W. Alanis Drive and South Ballard Avenue. ZC2016-16 (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the applicant is requesting to amend the current PD to allow for the re-configuration of the 7,200 sf minimum lots which were provided as a transition between Stone Ranch and Westwinds Meadows. The layout was re-configured due to the existing Gas Easement running east and west along the northern property line of the subdivision. At the request of Atmos Gas, lots should side the easement instead of backing the lots to the easement. Public Hearing Mayor Hogue opened the public hearing on ZC 2016-16 at 6:45 p.m. asking anyone present wishing to address Council to come forward. No one was present to address Council during the public hearing. Mayor Hogue closed the public hearing at 6:46 p.m. Council Action A motion was made by Councilman Forrester, seconded by Councilwoman Arrington to approve amending Planned Development 2015-11-Single Family District (PD2015-11-SF) to allow a minimum lot size of 7,200 sf on Lots 2-9 Block B, Lots 13-16 & 19-22 Block C, Lots 2-6 & 9-13 Block D, and Lots 2-8 Block F on approximately 38 acres, generally located at the northeast corner of W. Alanis Drive and South Ballard Avenue. ZC2016-16 A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 4. Hold a Public Hearing and consider,and act upon,approval of a Replat of Block B,Lots 8R and Lot 9R of Woodbridge Center Phase 1, creating 2 lots on 2.096 acres, generally approximately 500 feet southwest of the intersection of FM 544 and Woodbridge Parkway. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the property totals 2.096 acres and will create 2 lots from two existing lots. The developer of Lot 9R, Block B needed additional acreage for his development and this Replat is moving the lot line that is shared between Lot 9R and Lot 8R to the east to increase the acreage of Lot 9R. The developer for lot 9R desires to develop a one story restaurant to contain an IHOP. The site plan for this restaurant was approved by Planning & Zoning Commission on December 6, 2016. Both lots in the Replat meet the minimum street frontage and lot size requirements. The plat shall also dedicate the necessary rights-of-way, fire lanes, utility, construction, and drainage easements. The Replat complies with the applicable technical requirements of the City of Wylie. Public Hearing Mayor Hogue opened the public hearing at 6:50 p.m. asking anyone present wishing to address Minutes December 13, 2016 Wylie City Council Page 5 Council to come forward. No one was present to address Council during the public hearing. Mayor Hogue closed the public hearing at 6: 51 p.m. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl to approve a Replat of Block B, Lots 8R and Lot 9R of Woodbridge Center Phase 1, creating 2 lots on 2.096 acres, generally approximately 500 feet southwest of the intersection of FM 544 and Woodbridge Parkway. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 5. Hold a Public Hearing and consider, and act upon, a Replat of Block B,Lots 1,2, and 3 of Freddy's Addition, generally located at the southeast corner of FM 544 and Regency Drive. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the property totals 3.789 acres and will create three lots. Lot 1 R and Lot 3R both have approved site plans for the development of restaurants. This replat will not affect the development of those 2 lots, but does provide additional easements for Lot 1 R. The request from the developer is to divide lot 2R into two lots to be labeled as Lot 2R-1 and Lot 2R-2 in Block B of the Freddy's Addition Final Plat. Charles McClure, developer of Freddy's Addition, addressed Council stating that he was planning to construct Souleman's BBQ in Lot 2R1 ,Bush's Chicken on 3R, a pharmacy, McClure Office Building on 2R2, and Freddy's Frozen Custard on Lot 1 R. Public Hearing Mayor Hogue opened the public hearing at 6:55 p.m. asking anyone present wishing to address Council to come forward. No one was present to address Council during the public hearing. Mayor Hogue closed the public hearing at 6: 56 p.m. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Arrington to approve a Replat of Block B, Lots 1, 2, and 3 of Freddy's Addition, generally located at the southeast corner of FM 544 and Regency Drive. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 6. Consider,and act upon,a request in accordance with Ordinance 2007-21 from Woodbridge North 1,Ltd to waive the requirement for an appraisal and to abandon a portion of Hooper Road being a variable width Public Right-of-Way, within the W.M. Sachse Survey, Abstract No. 835 and LIB Pegues Survey, Abstract No. 703, consisting of 0.529 acres or approximately 23,023 square feet. (R. 011ie, Development Services Director) Minutes December 13, 2016 Wylie City Council Page 6 Staff Comments Development Services Director 011ie addressed Council stating that in accordance with Ordinance No. 2007-21, Section 2.12.A.5, the applicant, Don Herzog, is requesting to abandon approximately 23,023 square feet of right-of-way and waive the requirement for a certified appraisal. The subject right-of-way is situated in the W.M. Sachse Survey, Abstract No. 835 and LK Pegues Survey, Abstract No. 703, of the Deed Records of Collin County, Texas. Don Herzog, applicant, addressed Council stating that the property was left after the construction of Woodbridge Crossing and has no use and has little value. He stated he would like to have the property abandoned by the City to transition the area where new townhomes will be built. This would also release the City from maintenance on the property. Councilman Dahl asked if this appraisal waiver and sale of property was fair to others who requested abandonment of property owned by the City. Mr. Herzog stated, it comes down to how it was created. This was part of the construction of Woodbridge Crossing and was left due to the curve within the roadway. This is a way to release the City from maintenance. Councilman Dahl stated, on the other side, maintenance costs and new property taxes may outweigh the waiver and sale price. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Forrester to approve the abandonment of a portion of Hooper Road being a variable width Public Right-of-Way, within the W.M. Sachse Survey, Abstract No. 835 and LK Pegues Survey, Abstract No. 703, consisting of 0.529 acres or approximately 23,023 square feet for the sale price of $10.00. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 7. Consider, and act upon, Resolution No. 2016-33(R) authorizing and approving WEDC Resolution 2016-02(R) adopted by the Board of Directors of the Wylie Economic Development Corporation authorizing a loan in the aggregate amount of $300,000 from Billy R. Jarrard, Jr. and pledging the % cent sales tax for economic development as collateral to secure the repayment of said loan. (S.Satterwhite, WEDC Executive Director) Staff Comments WEDC Executive Director Sam Satterwhite addressed Council stating that the WEDC Board of Directors met on December 7, 2016 and approved the attached Resolution which authorizes the borrowing of $300,000 from Billy R. Jarrard, Jr. and the pledging of the WEDC '/z cent sales tax for economic development as collateral for the repayment of the same. The loan is entered into as part of a Real Estate Contract to fund the purchase of 0.29 acre from Billy R. Jarrard, Jr. The property is located near the northwest corner of Birmingham and State Highway 78 and is being purchased to complement two adjacent properties that will be marketed as a single tract for new commercial development. Council Action A motion was made by Councilwoman Arrington, seconded by Councilwoman Culver to approve Resolution No. 2016-33(R) authorizing and approving WEDC Resolution 2016-02(R) adopted by the Board of Directors of the Wylie Economic Development Corporation authorizing a loan in the aggregate amount of $300,000 from Billy R. Jarrard, Jr. and pledging the %2 cent sales tax for economic development as collateral to secure the repayment of said loan. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. Minutes December 13, 2016 Wylie City Council Page 7 8. Consider, and act upon, a request to provide alternative roofing options to the current cedar shingle roof located at 301 N. Ballard Avenue, for City of Wylie Brown House. (R. 011ie, Development Services Director) Staff Comments Assistant City Manager Hoisted addressed Council stating that the subject property suffered major damage to the roof during the April 11, 2016 hail storm. The Brown House is a City owned recreation facility. The applicant is seeking alternative roofing options to the current cedar shingle roof. The current roof only has the cedar shingles and no plywood decking under the shingle. Therefore in addition to the extensive roof damage there was also interior damage after the roof failed and hail/water entered the building. Alternatives to the cedar shingle would be a Grand Manor by CertainTeed in a gray/slate color. The product is a fiber glass base shingle with randomly applied tabs and authentic depth and dimensions of natural slate; Fire Chief Parker stated that if wood shingles were used in lieu of the proposed shingles, the house would be required to be sprinkled. The HRC Commission discussed with staff the various options and color. The preference was to go with a neutral color. The Commission voted 6-0 to'recommend approval to the City Council. Mayor Hogue and other Council members had concerns with the proposed roofing and preferred the wood shingles that were originally on the house. They asked if they could see the shingles installed. Hoisted replied he would send Council addresses of some installed shingles on other homes. Council Action A motion was made by Councilwoman Arrington, seconded by Councilman Dahl to table Item #8 to the Regular Council meeting of January 10, 2017 to allow time to see the material installed on historic homes in the area. A vote was taken and the motion passed.6-0 with Councilman Whitney absent. 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. 2016-30 into the official records. WORK SESSIONS • Work Session to discuss status of Bart Peddicord Community Center. (M. Sferra, Community Services Director) Community Services Director Sferra addressed Council stating that TML insurance is estimating the cost to replace the damaged Bart Peddicord Community Center at $39,850, if depreciation is recovered. He reported the total operating budget for fiscal year 15-16 was $46,927. The operating budget for fiscal year 16-17 was slightly less at$45,272. Revenues for calendar year 2015 were$11,745. Minutes December 13, 2016 Wylie City Council Page 8 Sferra explained the Center had been closed since the April hail storm. The insurance reports indicate a cost of$43,399.37 to repair the interior, and $39,855.30 to repair the roof. Some paid rentals have moved to the Recreation Center, and a few non-profit groups, like HOAs have also rented Recreation Center space for their meetings. Other non-profit groups have found other locations to hold their meetings. The WEDC owns the building and agreed to let the City keep using it, with a three-month notice, if someone else was going to take the building over for redevelopment. Until the hail storm, the City had been booking the building out only three months in advance. Since the hail storm, the building has not been used. Sferra explained, some questions staff is asking are, should the insurance money be used to repair the building and return it to use? Or given that there is the potential for redevelopment to occur at some point, are there other options we should consider? Direction from Council was not to research the repair of the Bart Peddicord Community Center due to ongoing maintenance costs, lack of usage, and future redevelopment of the area. • Work Session to discuss the status of the Public Safety Building. (C. Hoisted,Asst. City Manager) Assistant City Manager Hoisted addressed Council stating that on October 11, 2016, a work session was held to discuss the Building Condition Assessment, Program, and Preliminary Project Estimate for the Public Safety Building. Three options were presented including repairing the existing building, reconfiguring and expanding the existing building, and constructing a new facility. Based on the discussion, staff has prepared an RFQ for architectural services for the renovation and expansion of the existing building. Additional meetings have been held with the insurance company and, due to the complexity of the repairs, a third party contractor was hired by TML to provide a reconstruction estimate. The estimate was presented to staff on December 13th. He reported TML was estimating the insurance payout to repair the building to be $1,215,000. Cavalry Construction's estimates to repair the building came in at $1,598,000. Hoisted asked for direction from Council. Council direction was to move forward with an RFQ to architect firms to review possible designs and subsequent costs for the remodel and expansion of the Public Safety Building. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7: 58 p.m. ADJOURNMENT Minutes December 13,2016 Wylie City Council Page 9 A motion was made by Councilman Dahl, seconded by Councilman Forrester to adjourn the meeting at 8:00 p.m. A vote was taken and the motion passed 6-0 with Councilman Whitney absent. 4 Eric Hogue, • ATTEST: ^ A � (ter � <'. C��11arAAollee hCEhrllJl iYcVh,.�C(itty Secretary r5= °` startA PE RAliWnr Minutes December 13, 2016 Wylie City Council Page 10