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09-27-2016 (Historic Review) Minutes Wylie Historic Review Commission 1 WI CITY OF WYLIE Minutes Joint Work Session City Council and Wylie Historic Review Commission Tuesday, September 27, 2016—6:00 pm Wylie Municipal Complex— Council Conference Room 300 Country Club Road, Building 100 CALL TO ORDER The Historic Review Commission held a joint work session with City Council. A Quorum was present. The Commissioners appointed Commissioner Bob Heath, Sr. and he called the meeting to order at 6:28 PM. Commissioners present: Commissioner Bob Heath, Sr., Commissioner James Park, Commissioner Sandra Stone, Commissioner Mandi Wilson, Commissioner John Pugh and Commissioner Gary Taylor. Commissioner Jon Lewis was absent. Staff present: Renae' 011ie, Planning Director and Administrative Assistant Mary Bradley. Joint Work Session Discussion 1. Hold a Joint Work Session with the Historic Review Commission and City Council to discuss rules and procedures. Staff Presentation In August, 2016 the Attorney General submitted an opinion (KP-0105) regarding conflict of interest among the Historic Board Commissioners and compliance with Chapter 171 of the Texas Local Government Code. The City Attorney has recommended that the HRC serve in an advisory only capacity. Chapter 171 of the Local Government Code regulates local public officials' conflicts of interest. Texas Local Government Code §§ 171.001-010. It prohibits a local public official from voting or participating on a matter involving a business entity or real property in which the official has a substantial interest if an action on the matter will result in a special economic effect on the business that is distinguishable from the effect on the public, or in the case of a substantial interest in real property, it is reasonably foreseeable that the action will have a Minutes September 27,2016 Wylie Historic Review Commission Page 1 of 3 special economic effect on the value of the property, distinguishable from its effect on the public. Id. at § 171.004(a). Ms. 011ie further explained the definition from Local Government Code 171.002(b), stating a local public official has substantial interest in real property if the interest of the official (or certain of the official's relatives) is an equitable or legal ownership interest with a fair market value of $2,500 or more. Id at § 171.002(b). The primary changes in the proposed ordinance include modifications that would restrict the responsibilities of the HRC and bring it into conformance with Chapter 171 of the Texas Local Government Code. The adoption of Ordinance 2013-17 set forth the powers and duties of the Historic Review Commission and gave final approval on certain matters to the board. Currently, the board is made up of seven board members, and has one member on the board that does not work or live in the Downtown Historic District. Staff is asking for direction to reflect advisory capacity of the HRC, revisions to the proposed text amendments that restrict final approval by the HRC and re- consideration of the proposed text amendments by the Planning and Zoning Commission and/or HRC. Discussion The Council directed staff to revise the Rules and Procedures for the Historic Review Commission to reflect that it is an advisory committee, shall review and make recommendations to the City Council. The HRC Board Members and Council discussed definition of Historic, contributing versus non-contributing. HRC Commissioners recommended the age of fifty years or older. Mayor Hogue stated that the Council desires to protect and preserve structures within the Downtown Historic District. Council directed staff for a clear definitive description of contributing building. Contributing could be in the form of a person or historical structure. City Council discussed reviewing the aesthetics of a structure. Ms. 011ie stated that an item can't be denied for aesthetics only, the denial must tie to Comp Plan, Preservation Ordinance, Zoning Ordinance and/or Building Code. Ms. 011ie stated that preservation is not only for Historical markers, but preservation for business purposes as well. Minutes September 27, 2016 Wylie Historic Review Commission Page 2 of 3 Acting City Manager, Chris Hoisted, recommended that the Historic Review Commission revise the text guidelines to the Historic District and make recommendations to the Planning and Zoning Commission, and then to City Council. Chair Heath adjourned the work session at 7:33 PM. obcrt eatii,.SrcCfiiirman ATT T: Mar Brad y,Administrative sistant Minutes September 27,2016 Wylie Historic Review Commission Page 3 of 3