02-09-2016 (City Council) Minutes 46
"' Wylie City Council
CITY OF WYLIE
Minutes
City Council Meeting
Tuesday, February 9, 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 Eric Hogue, Mayor pro tern Keith
Stephens, Councilman David Dahl, Councilwoman Candy Arrington, and Councilwoman Diane
Culver. Councilman Todd Wintters and Councilman William Whitney III were absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Development Services Director, Renae 011ie; Finance Director, Linda Bantz; WEDC Executive
Director, Sam Satterwhite; Fire Chief, Brent Parker; City Secretary, Carole Ehrlich; Public
Information Officer, Craig Kelly; and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor pro tern Stephens gave the Invocation and Councilwoman Arrington led the Pledge of
Allegiance.
PRESENTATIONS
• Wylie Way Students. (Mayor E. Hogue)
Mayor Hogue and Mayor pro tern Stephens presented medallions to students demonstrating
"Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen as
the "Wylie Way Student."
• Recognition of the judges in The American Legion High School Oratorical Scholarship
Program "A Constitutional Speech Contest"—Mindy Manson, Mike Agnew, Tom Kollman,
Diane Culver, Keith Stephens,and Kevin Finnell. (American Legion Hale-Combest Post 315)
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Wylie City Council
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Mary Lange, representing the American Legion Hale-Combest Post 315, presented certificates
of recognition to Mindy Manson, Tom Kollman, Diane Culver, Keith Stephens, and Kevin Finnell.
Mike Agnew was unable to attend. Lange thanked them for their service in judging the student
speech contest.
• 1st Lt. Robert Welch Run for our Heroes Race and Vendor Fair and Food Drive. (Diane
Culver, Becky Welch, Charlie Waller, Jerry Barrera, and CSM. Delacruz)
Becky Welch invited those present to participate in the 5th Annual 1 LT Robert F. Welch Ill Run
for Our Heroes to be held April 2, 2016 in Olde City Park. Also present were Jerry Barrera,
Charlie Waller, Diane Culver, and CSM Delacruz. Culver asked for food drive donations during
the event to benefit the local Wylie National Guard Armory. The food drive is sponsored by the
East Fork Lodge, Wylie American Legion Auxiliary, Wylie Rotary Club, and Joining Forces.
Council was in favor of supporting the food drive event scheduled for April 2, 2016.
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.
Councilwoman Culver thanked staff and council for the letters, cards, and e-mails received
during her recent illness. She also thanked the Wylie Fire Rescue.
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 January 26.2016 Regular Meeting of the
Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, an Election Contract by and between the City of Wylie and the
Collin County Elections Administrator for administration of the May 07, 2016 Wylie
General Election for the City's Voters residing in Collin County. (C. Ehrlich, City Secretary)
C. Consider,and act upon,approval of a Final Plat for Covington Estates Phase Two consisting
of 13.927 acres for 43 single family residential lots, generally located south of Alanis Drive,
west of South Ballard Avenue, and north of Colonial Drive. (R. 011ie, Development Services
Director)
D. Consider, and act upon, approval of a Final Plat for Creekside Estates Phase IX, consisting
of 11.076 acres for 31 single family residential lots,generally located on Lewis Drive north of
McMillian Road. (R. 011ie, Development Services Director)
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Wylie City Council
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E. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of December 31, 2015. (S. Satterwhite, WEDC
441001, Director)
F. Review,and place on file, the 2015 Wylie Police Department Annual Traffic Contact Report.
(A. Henderson, Police Chief)
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Dahl to approve the
Consent Agenda as presented. A vote was taken and the motion passed 5-0 with Councilmen
Wintters and Whitney absent.
REGULAR AGENDA
1. Hold a Public Hearing and consider, and act upon, approval of a Replat for Freddy's
Addition, creating three lots on 3.789 acres, generally located on the southeast corner of FM
544 and Regency Drive. RP2016-02 (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 will contain a Freddy's Custard Restaurant, Lots 2 and 3 are the remaining
acreage that may be further subdivided and used as permitted under the Commercial Corridor zoning.
The Planning and Zoning Commission voted 6-0 to recommend approval subject to additions and/or
alterations to the engineering plans as required by the Engineering Department.
Public Hearing
Mayor Hogue opened the public hearing on RP2016-02 at 6:45 p.m. asking anyone present wishing to
address Council to come forward.
No one was present wishing to address Council.
Mayor Hogue closed the public hearing at 6:46 p.m.
Applicant Juan Vasquez, representing Vasquez Engineering, addressed Council stating that the site plan
has been submitted and once approved by P&Z the company plans to begin construction.
Council Action
A motion was made by Councilman Dahl, seconded by Mayor pro tern Stephens to approve a
Replat for Freddy's Addition, creating three lots on 3.789 acres, generally located on the
southeast corner of FM 544 and Regency Drive. RP2016-02. A vote was taken and the motion
passed 5-0 with Councilmen Wintters and Whitney absent.
2. Hold a Public Hearing and consider, and act upon, approval of a Replat for Railroad
Addition, Lot 1R, Block 31; Being a Replat of Lots 1A, 2A, and 3A of Block 31, establishing
one multi-family residential lot on 0.129 acres, generally located on the southwest corner of
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Wylie City Council
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2nd Street and Masters Avenue (200 South Second Street). RP 2016-01. (R. 011ie,
Development Services Director)
Executive Summary
Development Services Director 011ie addressed Council stating that the purpose of the Replat is to
reconfigure three lots to establish one multi-family residential lot on 0.129 acres. The property is zoned
Multi-Family(MF).
Applicant Bobby Heath addressed Council stating there would be two duplexes on the property. Mayor
Hogue asked when construction would start. Heath reported construction would begin in 60 to 90 days.
Public Hearing
Mayor Hogue opened the public hearing on RP2016-01 at 6:50 p.m. asking anyone present wishing to
address Council to come forward.
No one was present wishing to address Council.
Mayor Hogue closed the public hearing at 6:51 p.m.
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Dahl to approve a
Replat for Railroad Addition, Lot 1R, Block 31; Being a Replat of Lots 1A, 2A, and 3A of Block
31, establishing one multi-family residential lot on 0.129 acres, generally located on the
southwest corner of 2nd Street and Masters Avenue (200 South Second Street). RP 2016-01.
A vote was taken and the motion passed 5-0 with Councilmen Wintters and Whitney absent.
3. Hold a Public Hearing and consider, and act upon, a change of zoning from Single-Family
Residential to Neighborhood Service with Specific Use Permit to allow Assisted Living
Facility on 3.126 acre tract of land situated in the D. Williams Survey, Abstract 1021.
Property generally located northeast corner of West Brown Street and Westgate Way. ZC
2016-01 (R. 011ie, Development Services Director)
Staff Comments
Development Services Director 011ie addressed Council stating that the applicant is requesting to develop
a 64 unit Assisted Living complex. The complex will consist of 32 units designated for memory care, and
32 units designated for assisted living quarters. The proposed project consists of 4 buildings of 11,800
s.f. each, with 16 units per building.
011ie reported that in accordance with current zoning regulations, the subject development would require
64 parking spaces. However, the developer is proposing a reduction based on industry standards and
specified uses. Thirty-two of the 64 units are designated for memory care residents thereby requiring
zero parking spaces. Section 2.1 of Exhibit"B" describes the industry standard that is being proposed to
satisfy the parking need. Forty-four spaces are required per the operator. The plan is proposing a total of
47 parking spaces.
011ie noted, the applicant is proposing to install a 6' ornamental metal fencing along the northern and
eastern property line. The wrought iron fence will also have landscaping along the fence to soften the
appearance. The openness of the screening will provide an unconfined view for residents whose rooms
have windows that face out to adjacent properties.
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Wylie City Council
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Mayor Hogue had some concerns with the entrance off Brown Street being close to the school campus.
011ie explained the applicant had noted there would not be many vehicles entering the facility during
school hours. Mayor pro tern Stephens had concerns with parking, stating that if there were 17 to 20
employees parking at one time, this would take up half the proposed parking spaces. He asked if staff
and Council were comfortable with a maximum of 47 spaces. 011ie replied that the number of parking
spaces was, in part, dependent upon the applicant's information. This number of spaces could be a
gamble.
Councilman Dahl stated that he had parking concerns as well during peak times.
Applicant Comments
Applicants Ron Walsh, Global Senior Housing, and Bill Thomas, Engineering Concepts, addressed
Council stating that the parking, based on other facilities the applicant owns, would have the majority of
parking for staff and visitors. The residents would not have vehicles and would not utilize the parking
area. No more than 17 staff members would be on duty during the busiest part of each day; leaving the
remainder of parking for visitors. Most of the visitor parking would take place in the evenings and on
weekends, not during week days. He suggested if overflow was needed on weekends and evenings the
overflow could park at the school parking lot. Mayor Hogue asked if the applicants had requested the use
of the parking lot from WISD.
Public Hearing
Mayor Hogue opened the public hearing on ZC2016-01 at 7:14 p.m. asking anyone present wishing to
address Council to come forward.
Mary Lange addressed Council stating that she had some experience with a family member in an
assisted living facility and it was always difficult to find parking.
Mayor Hogue closed the public hearing.
Mayor Hogue asked Development Services Director 011ie how many parking spaces were required for this
facility. 011ie replied 64 parking spaces were required. She noted that the applicant was requesting a
total of 48 spaces.
Councilwoman Arrington and Councilwoman Culver reiterated their concerns with the proposed parking.
Mayor Hogue addressed Mr. Walsh stating that he could see the concerns Council had with regard to
parking space. He explained everyone on Council recognizes the need for senior housing. He asked if
Mr. Walsh wanted to have Council table the item and review the proposed zoning or if he wished to move
forward with a vote.
Mr. Welch requested the item be tabled so his staff could revisit the proposed zoning.
Council Action
A motion was made by Mayor pro tern Stephens, seconded by Councilman Dahl to table a
change in zoning from Single-Family Residential to Neighborhood Service with Specific Use
Permit to allow Assisted Living Facility on 3.126 acre tract of land situated in the D. Williams
Survey, Abstract 1021. Property generally located northeast corner of West Brown Street and
Westgate Way. ZC 2016-01 to allow the applicant to review and revise the concerns addressed
during the discussion of this item. A vote was taken and the motion passed 5-0 with
Councilmen Wintters and Whitney absent.
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Wylie City Council
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4. Consider, and act upon, Ordinance No. 2016-03 authorizing the annexation of 1.207 mile
segment of Pleasant Valley Road from Elm Grove to the Dallas County Line.2016-01A
(R. 011ie, Development Services Director)
Staff Comments
Development Services Director 011ie addressed Council stating that this annexation is at the request of
Dallas County and defined as Orphan Roads. Orphan Roads are all, or part, of a street or road right-of-
way, which is outside the incorporated limits of a municipality(or municipalities) and the incorporated area
of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments
have, in effect, been "orphaned" by the abutting city (or cities) that they serve in that they have been left
unincorporated.
Mayor Hogue noted that the annexation was for a portion of Pleasant Valley Road and not for any
residential property and was at the request of Dallas County.
Council Action
A motion was made by Mayor pro tern Stephens, seconded by Councilwoman Arrington to
approve Ordinance No. 2016-03 authorizing the annexation of 1.207 mile segment of Pleasant
Valley Road from Elm Grove to the Dallas County Line. 2016-01. A vote was taken and the
motion passed 5-0 with Councilmen Wintters and Whitney absent.
READING OF ORDINANCE
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. 2016-03 into the official record. urge
WORK SESSION
• Discussion of Building Code options related to smoking in restaurants.
Development Services Director 011ie and Interim Building Official Bret McCullough addressed
Council stating that the City of Wylie is governed by the 2012 Mechanical Code as it relates to
ventilation of occupied spaces. Cities have adopted ordinances that regulate the movement of
smoke in an effort to separate smoking areas from non-smoking areas with Independent
Ventilation Systems and other regulations. Although Independent Ventilation Systems have
been proven to improve air quality, they are not 100% effective.
Councilman Dahl stated that he had years of experience in HVAC units and air ventilation and
quality. He stated that in his opinion, the smell of smoke could be eliminated with separate
ventilation units and separate areas for smokers and non-smokers but could not remove gases
and other small particles.
Mayor Hogue commented that he did not frequent restaurants that allowed smoking due to the
smell. He asked if these systems would take the smell of the smoke away. 011ie replied not
100% but close.
Council directed staff to draft an ordinance for Council consideration to put in place
requirements that govern the circulation of air flow in restaurants that choose to allow smoking.
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Wylie City Council
Page 6
Smoking and non-smoking areas must be separated by Independent Ventilation Systems and
would not affect existing businesses.
RECONVENE INTO REGULAR SESSION
Mayor Hogue reconvened into Regular Session.
Mayor Hogue convened into Executive Session at 7:57 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.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue reconvened into Open Session at 8:17 p.m.
ADJOURNMENT
A motion was made by Mayor pro tern Stephens, seconded by Councilman Dahl, to adjourn the
meeting at 8:22 p.m. A vote was taken and the motion passed 5-0 with Councilman Wintters
and Councilman Whitney absent.
Eric Hogue, May r
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