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03-26-2013 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, March 26, 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 Hogue called the meeting to order at 6:04 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tem Kathy Spillyards, Councilwoman Diane Culver, Councilman David Goss, Councilman Bennie Jones, Councilman Nathan Scott, and Councilman Rick White. Staff present were: City Manager, Mindy Manson; Fire Chief, Randy Corbin; Police Chief, John Duscio; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Acting Building Official, Todd White; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Corbin gave the invocation and Police Chief Duscio led the Pledge of Allegiance. PRESENTATIONS • Recognition of the TRAPS State Award for Excellence in Facility Design for the Wylie Recreation Center. Mayor Hogue recognized the following awards presented to the City of Wylie, Wylie Parks and Recreation Department, Holtzman Moss Bottino Architects, and Architecture with Architexas for the design and construction of the Wylie Recreation Center. • Texas Recreation & Park Society - Excellence in Architectural Design — Regional and State Award. • DFW metro Area Park & Recreation Directors Association for Innovation and Facility Design & Construction —City of Wylie, Parks and Recreation Staff Minutes March 26, 2013 Wylie City Council Page 1 • Presentation of the "Shining the Wylie Way" for 4th 6 Weeks Mayor Hogue and Mayor Pro Tern Spillyards presented medallions to students demonstrating the "Wylie Way." Each six weeks one student from each WISD campus is chosen as the "Wylie Way Student." 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. DeDe Burke representing the Wylie Downtown Merchants Association passed out the new marketing brochure for the Downtown Merchants and displayed the new logo for the upcoming Bluegrass on Ballard event. She thanked Public Information Officer Kelly for his assistance in designing the materials. Councilwoman Culver recognizing Collin County Community College for being the recipient of the Presidential Award which is the highest honor a college can receive. The college acknowledged the Wylie Animal Shelter and their work as playing a very large part in receiving this honor. Councilwoman Culver stated that the volunteers play a very big part in what the animal shelter provides. Culver praised Wylie Animal Shelter staff and Police Department that oversee the shelter for their dedication to the shelter. --� Councilman Scott reminded those present of the WASA event scheduled for April 20, 2013. This event will be in Historic Downtown Wylie. Proceeds will continue to fund improvements to the new Wylie Senior Center. 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 March 12, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for February 28,2013. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for February 28,2013. (L. Bantz, Finance Director) D. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of February 28,2013. (S. Satterwhite, WEDC Executive Director) Minutes March 26, 2013 Wylie City Council Page 2 Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearing 1. Hold a public hearing and consider, and act upon, approval of a Replat for the Woodbridge Centre Phase I Addition, Block B, Lots 6, 7 & 8. Subject property generally located south of F.M. 544 and west of Woodbridge Parkway. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the property totals 2.618 acres and consists of three commercial lots. The purpose of the Replat is to reconfigure lots 6, 7, and 8 to allow for a lease space to occupy Lot 7 for a drive-thru &walk-up restaurant (Seattle's Best Coffee Shop). The Replat will also dedicate the necessary access easements to accommodate the development. The corresponding Site Plan for Lot 7 is on the current agenda. The Replat generally complies with all applicable technical requirements of the City of Wylie. Access to the lot is via an access drive off F.M. 544 to be established by this Replat and an access drive & Fire Lane off Woodbridge Parkway. Lot 7 does not have 30 feet of direct frontage along a dedicated, improved street as required by the subdivision regulations. However, the lot incorporates 15' of a dedicated 30' access drive to both FM 544 and Woodbridge Parkway. 011ie reported the Planning and Zoning Commission recommended 6-0 for approval subject to additions and alterations to the engineering plans as required by the Engineering Department. Councilman Scott asked Planning Director 011ie how far the variance was off. Planning Director 011ie replied both sides of the property have a platted 15 foot easement and the other 15 feet on each side belongs to the adjacent property owner. Councilwoman Culver stated that she had concerns with the confined development with drive through only causing traffic congestion. Planning Director 011ie replied that it would be the first month the business opened but as the novelty wears off; there should be sufficient space for drive through. One hundred feet of stacking space is available on the site plan which will be the next item on the agenda. Public Hearing Mayor Hogue opened the public hearing for the above item at 6:30 p.m. asking anyone present wishing to address the Council to come forward. Sam Pena, 777 Main Street, Fort Worth TX, representing Jacobs Architecture addressed the Council stating they were the architects in this design and would be happy to answer any questions. Councilman Scott asked how many designs like the proposed were being built. Mr. Pena replied there were plans for 20 facilities through the metroplex; at this time 14 have been designed. With no other citizens wishing to speak, Mayor Hogue closed the public hearing at 6:32 p.m. Council Action A motion was made by Mayor Pro Tem Spillyards, seconded by Councilman White to approve Minutes March 26, 2013 Wylie City Council Page 3 a Replat for the Woodbridge Centre Phase 1 Addition, Block B, Lots 6,7, & 8. Subject property fl generally located south of F.M. 544 and west of Woodbridge Parkway. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, approval for a Site Plan for Seattle's Best Coffee in the Woodbridge Centre Phase I Addition, Block B, Lot 7. Subject property generally located south of F.M. 544 and west of Woodbridge Parkway. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant is proposing to develop a 550 s.f. commercial/retail establishment on 0.405 acres. The lot is part of an overall planned development established in 2003 with a Final Plat approved in May 2012. Typically Site Plans are approved by the Planning & Zoning Commission. However, in accordance with PD 2003-01, all development plans/site plans shall be approved by the Commission and the City Council. 011ie reported the Planning and Zoning Commission voted 5-1 for approval of this site plan with the descending vote coming from concerns regarding the dumpster location. Councilman Scott asked how the dumpster would be hidden with screening. 011ie reported there was screening (galvanized metal, painted) and landscaping around the area of the dumpster. Councilman Goss suggested moving the dumpster 5-10 feet to the south and rotate the unit, to allow better screening for the dumpster. Mr. Sam Pena representing the owner addressed Council stating that the dumpster was placed in the plan due to the unusual dimensions of the property and drive thru accommodations but concurred that this suggested move could possibly be accomplished. Council Action A motion was made by Councilman Scott, seconded by Councilman Goss to table consideration of the Site Plan for Seattle's Best coffee to the April 9, 2013 Council meeting to allow time for a redesign of the drive through area and location of the dumpster. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, approval for EIFS as an appropriate primary exterior facade, in accordance with Article 4, Section 4.3.F of the Comprehensive Zoning Ordinance, for a restaurant remodel (El Polio Regio) located at 911 E. FM 544.. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant has completed a remodel of the fast food restaurant. The applicant submitted plans and obtained a remodel permit. The construction plans indicated stucco as the primary exterior material, which is in accordance with current codes. At the lath inspection, the City Building Inspector cancelled the inspection because no plans were on-site and the proper materials were not being installed per permit description and approved plans. Per the Comprehensive Zoning Ordinance, Exterior Insulating Finishing System (EIFS) shall not be considered acceptable primary material and shall not exceed more than 20% of any facade face. As installed, all elevations exceed the required EIFS content. The applicant states that the installed EIFS is durable and meets the intent of the aesthetic appropriateness of the Ordinance. The applicant is seeking a variance from Council to allow the exterior façade to have more than 20% coverage of EIFS. 011ie reported the percentage of EIFS is 80% with stone bottom of 20%. The applicant is asking for an Minutes March 26, 2013 Wylie City Council Page 4 80% EIFS variance compared to the 20% EIFS. Councilwoman Culver stated her concern was considering an unapproved material after the construction of that material is installed. She stated that she had a problem with the applicants continued placement of the unapproved material. Mayor Hogue stated that other businesses in Wylie were required to take down unapproved materials due to non- compliance with the current zoning. Cory Laurence, owner and president of Syntex Stucco, 2561 Merrell Rd. Dallas and representing the applicant addressed Council stating that the reasoning behind the use of EFIS was for building integrity and admittedly should have been requested for approval prior to installation. Laurence explained that the confusion was with the application and the material requested on the application of stucco and the EIFS application. He stated the applicant was asking for the variance to open the business with the existing façade and not be required to tear all the material off and redesign the exterior of the building. He stated this process would take months. Council Action A motion was made by Councilman Jones, seconded by Councilwoman Culver to deny EIFS as an appropriate primary exterior facade, in accordance with Article 4 Section 4.3F of the Comprehensive Zoning Ordinance for a restaurant remodel (El Polio Regio) located at 911 E. FM 544. A vote was taken and the motion to deny was passed 5-2 with Mayor Hogue, Mayor Pro Tern Spillyards, Councilman Jones, Councilman Goss and Councilwoman Culver voting for denial and Councilman White and Councilman Scott voting against denial. 4. Consider and act upon, Resolution No. 2013-09(R), a resolution of the City of Wylie Texas authorizing the filing of an application with the State Energy Conservation Office for the Innovative Energy Demonstration Grant Program; Authorizing the City Manager or her designee to act on behalf of the City of Wylie, Texas in all matter related to the application; and pledging that if funding for this project is received the City of Wylie, Texas will comply with all project requirements of the State Energy Conservation Office. (J. Butters, Asst. City Manager) Staff Comments City Manager Manson addressed Council stating that the Texas Comptroller of Public Accounts, State Energy Conservation Office (SECO) has submitted a request for applications, for the Innovative Energy Demonstrations Grant Program. Grant awards cover 80% of the costs of the purchase and installation of renewable energy including solar electricity, wind turbine, and solar thermal. Public entities applying for the Grant are responsible for 20% of the cost and installation. The proposed system will generate approximately $8000 per year at today's energy prices and the "payback" would take approximately 5 years. Manson explained that funding could be drawn from the fund balance, which at this time is healthy, to meet the matching funding of$40,000. Council Action A motion was made by Councilman Scott, seconded by Councilwoman Culver to adopt Resolution No. 2013-09(R) authorizing the filing of an application with the State Energy Conservation Office for the Innovative Energy Demonstration Grant Program, authorizing the City Manager or her designee to act on behalf of the City of Wylie in all matters related to the application and pledging that if funding for this project is received, the City of Wylie will comply with all project requirements of the State Energy Conservation Office. A vote was taken and the motion passed 7-0. Minutes March 26, 2013 Wylie City Council Page 5 WORK SESSION • Discussion regarding the establishment of a Historic Review Commission. (R. 011ie, Planning Director) Planning Director 011ie addressed Council stating that the intent of this work session is to discuss the creation of a Historic Review Commission. She explained the Commission would be advisory only and would report and recommend to the Wylie City Council. 011ie explained there are many benefits of creating an HRC, including but not limited to participation in the National Historic Preservation Program, providing tax incentives for historical resources, and applying for grants-in-aid by the Secretary of the Interior. It also puts in place a tool whereby we as a City can foster guidelines to preserve landmarks and historical resources that make "Wylie"Wylie. Throughout Wylie's boundaries are properties or buildings that may or may not be landmarks but without doubt contribute to the overall historic character of Wylie. The HRC would be instrumental in overseeing such compliance not only in the Downtown Historic District, but throughout the City in regards to historic properties and landmarks, to insure the orderly, efficient and appropriate growth and development of historic Wylie. --- Council had some concerns regarding too much oversight by the board to home owners but gave direction to provide an action item for consideration by Council. Mayor Hogue left the meeting for an emergency with a family member. Mayor Pro Tern Spillvards convened into Work Session #2. • Presentation and discussion of the draft Communications Audit Report and Strategic Recommendations by Cooksey Communications. (M. Manson, City Manager) Gayle Cooksey and Colby Walton representing Cooksey Communication addressed Council giving an overview of the survey conducted by the firm and recommendations made by the firm. Some of the areas covered included plan development, situational analysis, target audiences and key messages to those audiences, and objectives to implement the plan. Cooksey strongly recommended bringing in an exterior firm to assist with the implementation. Mr. Walton noted the City was doing well with their plan but needed additional assistance in full implementation for improvements. City Manager Manson recommended bringing Cooksey Communications in on a consulting basis to assist in implementing the plan and possibly assisting with some of the objectives. She asked Council members to contact her directly with any key objectives they wished to include in the initial implementation. Council direction was to move forward with a proposed plan and to consider the assistance of Minutes March 26, 2013 Wylie City Council Page 6 Cooksey Communications, once objectives are established for consideration by the Council RECONVENE INTO REGULAR SESSION Mayor Pro Tern Spillyards convened into Executive Session reading the caption below at 9:24 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. • Discussion regarding property generally located near the intersection of McCreary Rd. and McMillen Rd. RECONVENE INTO OPEN SESSION Take any action as a result of Executive Session. Mayor Pro Tern Spillyards reconvened into open session at 9:37 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Goss to purchase a tract of land containing approximately 201,545 square feet of property, out of the John Mitchell Survey in the amount of$425,260. The motion passed 6-0 with Mayor Hogue absent. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman Goss to adjourn the meeting at 9:35 p.m. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. e?fre Eric Hogue, Mayor ATTEST: 03,ao a � `�LSSI. G1/ gtm,ra 3,+siirg it, Carole�ich, ��� ' � �-"� "�t`�'` ' `�Secretary ,- ,,, b Minutes Marc , 20 r_ - 4 Wylie City •.I *�3� ��` Page 7 a—■�,., i4 7