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08-14-2018 (City Council) Minutes ®/ Wylie CityCouncil aN Y CITY OF WYLIE Minutes Regular Meeting Tuesday, August 14,2018—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 Stephanie Storm took roll call with the following City Council members present: Mayor pro tem Keith Stephens, Councilman Matthew Porter, Councilman Jeff Forrester, Councilman Timothy Wallis, and Councilman David Dahl. Councilwoman Candy Arrington was absent. Staff present included: City Manager Mindy Manson;Assistant City Manager Chris Hoisted;Police Chief Anthony Henderson; Fire Chief Brent Parker; Development Services Director Renae 011ie; Public Works Director Tim Porter; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Human Resources Director Lety Yanez; Building Official Bret McCullough; WEDC Assistant Director Jason Greiner; City Secretary Stephanie Storm, and various support staff. INVOCATION&PLEDGE OF ALLEGIANCE Mayor pro tem Stephens gave the invocation and Development Services Director 011ie led the Pledge of Allegiance. PRESENTATIONS • Presidents Cup National Champions-Wylie Youth Soccer Association and MutinyFC Club Mayor Hogue read a proclamation honoring the MutinyFC Soccer Team for their accomplishment of achieving the title of 2018 Presidents Cup National Champions. Members of the team were present to accept the proclamation. 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. Minutes August 14,2018 Wylie City Council Page 1 Raymond Perry, Wylie resident, addressed Council regarding his Wylie ISD school board candidacy. 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 July 24,2018 Regular Meeting and July 26,2018 Special Called Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, approval of a Final Plat for Inspiration, Phase 5A-3 consisting of 3.125 acres to establish single-family residential lots for a master planned development within Wylie's ETJ, generally located north of Parker Road (F.M. 2514) on Inspiration Blvd. (R. 011ie, Development Services Director) C. Consider, and act upon, approval of a Final Plat for Shervin Addition, creating one lot on 0.13 acres, generally located south of the intersection of State Highway 78 and Williams Street(405 Williams St.). (R. 011ie, Development Services Director) D. Consider, and act upon, Resolution No. 2018-29(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement by and between the City of Wylie and the City of Lucas for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services first responder general fire services. (B. Parker, Fire Chief) E. Consider, and act upon, the vendor application for the Fall Fire Classic Softball Tournament event to be held at Founders Park on October 28, 2018. (R. Diaz, Parks & Recreation Director) F. Consider, and act upon, the award of bid #W2018-80-A for Mudjacking Services in the estimated annual amount of$75,000.00 to Goliath Foundation Repair,LLC and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) Councilman Forrester requested that Consent Item F be removed from Consent and considered individually. Consensus of the Council was to remove Item F from consent and consider individually. Council Action A motion was made by Councilman Dahl, seconded by Councilman Porter,to approve items A, 13,C, D, and E on the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. REGULAR AGENDA F. Consider, and act upon, the award of bid #W2018-80-A for Mudjacking Services in the estimated annual amount of$75,000.00 to Goliath Foundation Repair,LLC and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) Staff Comments Minutes August 14,2018 Wylie City Council Page 2 Councilman Forrester asked if this is an open-ended contract to use if we need it. Public Works Director Porter replied that it is an open-ended contract to utilize as we need it. Councilman Wallis asked whether the funds carry over if not used. Porter replied that unused funds would go back into the General Fund. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Dahl,to approve consent item F. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. 1. Hold a Public Hearing and consider, and act upon, a change in zoning from Neighborhood Services (NS) to Planned Development Single-Family/Community Retail (PD-SF/CR) to allow for a 116 single-family lease development with commercial uses on a 14.235-acre tract of land generally located on the southeast corner of Country Club Road and Park Boulevard. (ZC 2018-08) (R. 011ie, Development Services Director) Council Comments Mayor Hogue stated that the applicant had requested that this item be withdrawn. Public Hearing Mayor Hogue opened the public hearing on ZC 2018-08 at 6:1 7 p.m. asking anyone present wishing to address Council to come forward. Scott Williams,Glenn Graber,James Suttles, Steven Bryant,and Michael McDermott,Wylie residents, addressed Council speaking in opposition for the request for a change in zoning. Mayor Hogue closed the public hearing at 6:25 p.m. Council Action A motion was made by Councilman Dahl, seconded by Councilman Forrester,to accept the withdraw of a change in zoning from Neighborhood Services(NS)to Planned Development Single-Family/Community Retail(PD-SF/CR)to allow for a 116 single-family lease development with commercial uses on a 14.235- acre tract of land generally located on the southeast corner of Country Club Road and Park Boulevard (ZC 2018-08). A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. 2. Hold a Public Hearing and consider, and act upon, an amendment to PD 2017-17 to allow on-street parking for Amenity Centers. Property generally located at the southwest corner of Hensley Lane and Woodbridge Parkway (ZC 2018-10). (R 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating the applicant is requesting to amend PD 2017-17 to allow for on-street parking at the Amenity Centers of Tract A-3 and A-4. The applicant is proposing 13 parallel parking spaces of Tract A-3 and 10 spaces for Tract A-4. The concept plan, as part of the original PD, showed the parking as head-in parking. However, at the preliminary plat the parking was changed to on-site and approved by City Council in August 2017. The applicant has requested the change to on-street parallel parking to accommodate a larger,more feature-rich amenity center. Minutes August 14,2018 Wylie City Council Page 3 011ie reported 37 notifications were mailed,with no responses returned at the time of posting. The Planning and Zoning Commissioners questioned the maintenance of the on-street parallel parking and asked the applicant if they would maintain. The applicant stated that they would revise the PD conditions and state that maintenance of the parking would be the responsibility of the HOA. This will also be a part of the CCRs. The Commission voted 5-0 to recommend approval. Council Comments Councilman Porter asked how wide the street is and how much off an offset the parking creates. 011ie replied that the street is 32 feet wide and the offset is 8 feet in for the parallel parking spaces. Applicant Comments Anthony Natale, representing Grenadier Homes, addressed Council stating they are proposing to offer a building with fitness facility and meeting room, a walking trail, dog park, pool, fire pit, and bocce ball. Councilman Dahl asked if the amenities will require a pass to access. Natale replied they do require a pass to get into the amenities area. Public Hearing Mayor Hogue opened the public hearing on ZC 2018-10 at 6:48 p.m. asking anyone present wishing to address Council to come forward. Michael Schwerin, Wylie resident, addressed Council about the lack of parking at other amenity locations within the Woodbridge community. He also asked for clarification regarding whether the proposed amenities will be available to the Woodbridge community. Paul Kenney, representing Herzog Development, stated that the townhomes' amenities would not be utilized by the Woodbridge community; they will have their own HOA and CCR documents. Mayor Hogue closed the public hearing at 6:52 p.m. Council Comments Mayor Hogue asked what type of amenities the other builder is offering. Darryl Herzog, representing Herzog Development Company, stated he was not sure what amenities the other builder is offering. Councilman Forrester recommended that a description of what the amenity centers will contain be in writing. Council Action A motion was made by Councilman Porter, seconded by Councilman Forrester,to table Item 2 until the developer returns with the specific amenities that would be included spelt out in the PD. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. 3. Hold a Public Hearing and consider, and act upon, an amendment to Planned Development 2018-06, Section H.11 to set forth conditions for parking and street design on Street D, generally located northeast of the intersection of South Ballard and Pleasant Valley Road. (ZC 2018-11) (R. 011ie, Development Services Director) Minutes August 14,2018 Wylie City Council Page 4 Staff Comments Development Services Director 011ie addressed Council stating the applicant is requesting to amend an existing Planned Development Ordinance to allow for street parking on one side of the street. Street D will be 27.5 feet of ROW and 21 feet of concrete pavement curb to curb as listed in Section II. Special Conditions line item 11. There is an 8 foot-wide designated parking area, which leaves an open driving lane width of 12 feet. There is also a 6-inch curb on both sides of the street. The developer is requesting this street design due to the 75-foot Atmos easement that is adjacent to Street D. Council Comments Councilman Dahl asked if proper signage would be posted along the street. 011ie replied it would be. Applicant Comments Jim Douglas, representing Douglas Properties, addressed Council stating they propose to place striping and traffic buttons, if that is Council's desire, on the street to designate parking. Councilman Porter asked who would maintain the striping. Douglas stated they could include in the PD that maintenance of the striping be the responsibility of the HOA. Public Hearing Mayor Hogue opened the public hearing on ZC 2018-11 at 7:19 p.m. asking anyone present wishing to address Council to come forward. No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 7:20 p.m. Council Action A motion was made by Councilman Dahl, seconded by Mayor pro tem Stephens,to approve an amendment to Planned Development 2018-06, Section II.11 to set forth conditions for parking and street design on Street D,generally located northeast of the intersection of South Ballard and Pleasant Valley Road(ZC 2018-11)with the further conditions that the on-street parking be striped and the striping maintained by the HOA,also specifying there be placed one-way and no-parking notifications for the drivers along the road,and that the developer will work with public safety to determine how intersections will be marked. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. 4. Consider,and act upon,Resolution No.2018-30(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2018-2019, accepting the calculation of the effective tax rate, establishing dates for public hearings on the proposed property tax rate, and providing for the publication as provided by the Texas Local Government Code,Section 140.010. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating the City is required by law to follow certain meeting and notice (publication) guidelines identified in the "Truth in Taxation" guide. In accordance with the "Truth in Taxation" laws of the State of Texas, the effective and rollback tax rates and other information must be published and two public hearings must be held if an entity's proposed tax rate exceeds the lower of either the effective tax rate or the rollback tax rate. This year's effective tax rate is $0.725848 and the Minutes August 14,2018 Wylie City Council Page 5 rollback tax rate is $0.770094. The proposed 2018-19 budget is based on a tax rate of $0.735848 per $100 valuation. The first scheduled public hearing on August 28, 2018 and a second public hearing is scheduled for September 4,2018 both at 6:00 in the City Council Chambers. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Dahl,to approve Resolution No. 2018-30(R)of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2018-2019, accepting the calculation of the effective tax rate, establishing dates for public hearings on the proposed property tax rate, and providing for the publication as provided by the Texas Local Government Code, Section 140.010. A vote was taken and the motion passed 4-2 with Councilmen Forrester and Porter voting against and Councilwoman Arrington absent. 5. Consider, and act upon, approval of Resolution No. 2018-31(R) authorizing the City Manager to execute a Public Works Mutual Aid Agreement by and between the City of Wylie and North Central Texas Participating Local Governments and/or Public/Political Sub-Divisions located wholly or partially within the State of Texas. (T. Porter, Public Works Director) Staff Comments Public Works Director Porter addressed Council stating this agreement is to provide public works assistance when an emergency or disaster overwhelms local resources especially within the North Central Texas region. There are currently 54 member cities that are part of the North Central Texas Public Works Emergency Response Team (PWERT). While jurisdictions sign the mutual aid agreement to join the team, it is always up to that jurisdiction in any circumstance to either approve or deny a request for assistance. Signing the mutual aid agreement allows for this discretion by management but it also offers the protection of payment terms and allowable Operational Period, which are required to protect the city if reimbursement is sought for a disaster in the future. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Forrester,to approve Resolution No. 2018-31(R)authorizing the City Manager to execute a Public Works Mutual Aid Agreement by and between the City of Wylie and North Central Texas Participating Local Governments and/or Public/Political Sub-Divisions located wholly or partially within the State of Texas. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. 6. Consider, and act upon, the appointment of two City Council Members for the Parks, Recreation, and Open Space Master Plan Steering Committee. (R. Diaz, Parks & Recreation Director) Staff Comments Parks and Recreation Director Diaz addressed Council stating that the City Council received a memo on July 20, 2018 outlining the process for Parks, Recreation, and Open Space Master Plan update. Included in that memo staff noted that the plan consultant, Dunaway Associates, has recommended a Steering Committee be formed to follow the plan process from beginning to end. The committee will have Minutes August 14,2018 Wylie City Council Page 6 approximately 13-15 members and be made up of two City Council members, four Parks and Recreation Board members, and staff. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Porter,to appoint Councilman Forrester and Mayor pro tern Stephens to the Parks,Recreation,and Open Space Master Plan Steering Committee. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. 7. Consider, and act upon, Ordinance No. 2018-22, amending Wylie's Code of Ordinances, Ordinance No. 2016-29, as amended, Chapter 42 (Environment), Article II (Noise), Section 42-22 (Prohibited Acts; Enumeration); modifying regulations on activities producing loud and disturbing noise to prohibit certain construction-related activities at any time other than between the hours of 7 a.m. and 9 p.m. Monday through Saturday. (B. McCullough, Building Official) Staff Comments Building Official McCullough addressed Council stating the City Council held a work session at the June 26, 2018 meeting regarding the ordinance relating to construction hours and noise. Staff received direction to return an amended ordinance changing the allowable start time from 6 a.m. to 7 a.m. A section about delivering materials was also added to the ordinance. Enhanced enforcement strategies have already begun and will be implemented further after the ordinance is adopted. Council Action A motion was made by Councilman Porter, seconded by Councilman Wallis,to approve Ordinance No. 2018-22, amending Wylie's Code of Ordinances,Ordinance No.2016-29,as amended,Chapter 42 (Environment),Article II(Noise), Section 42-22(Prohibited Acts; Enumeration);modifying regulations on activities producing loud and disturbing noise to prohibit certain construction-related activities at any time other than between the hours of 7 a.m. and 9 p.m.Monday through Saturday. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. 8. Consider, and act upon, the final artist and art design by Robert Barnum for the Wylie Animal Shelter Public Art Project, and authorize the City Manager to execute a contract, not to exceed $35,000 to commission the art. (C. Ehrlich, Public Arts Coordinator) Staff Comments Public Arts Coordinator Ehrlich addressed Council stating the Public Arts Advisory Board issued a Call for Artists for the Wylie Animal Shelter. The board received 35 submissions for this project. The Public Arts Advisory Board appointed a selection committee to review the submissions and choose two to three semi-finalists for the project. The semi-final artists were asked to come to the City to view the site and tour the City. They also attended a Public Art Input meeting to hear from the public regarding art for this site. On May 31, 2018 the artists completed their proposals and presented them to both the Selection Panel and the Public Arts Advisory Board. Robert Barnum was unanimously chosen as the artist for the project at an artist fee of$35,000. His piece, "RESCUED," best suited site-specific needs, the theme, and the intent of the shelter. 100% of the funds for this project were raised from events that the City of Wylie facilitated. Artist Robert Barnum was in attendance and provided a presentation for Council. Council Action Minutes August 14,2018 Wylie City Council Page 7 A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl,to approve the final artist and art design by Robert Barnum for the Wylie Animal Shelter Public Art Project, and authorize the City Manager to execute a contract,not to exceed$35,000 to commission the art. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent. READING OF ORDINANCE City Secretary Storm read the caption to Ordinance No.2018-22 into the official record. Mayor Hogue recessed the meeting at 8:13 p.m. Mayor Hogue reconvened into regular session at 8:23 p.m. Mayor Hogue convened into work session at 8:23 p.m. WORK SESSION • Presentation and discussion of staff recommendation for the Construction Manager at Risk (CMAR) services for the renovation and expansion of the Wylie Public Safety Building (RFQ W2018-69-B). (C. Hoisted, Asst. City Manager) Assistant City Manager addressed Council stating the City chose to do a one-step process to speed up the process; one submittal that also includes the fees. RFPs were evaluated based on the published criteria including, but not limited to, qualifications, work histcry, fees and pricing. As part of the statute it is required to start negotiations with the highest-ranked firm,which is Pogue Construction. Zach Walker, representing Pogue Construction, addressed Council to give an overview about their company. Sam Adams, Project Executive for the Public Safety Building, addressed Council stating he is the City's one point of contact for this project. Mayor Hogue asked if they had anything to do with the Allen Stadium. Walker replied that they did construct the stadium and there were a lot of structural design deficiencies in the stadium; however, Pogue Construction stepped up and made all of the corrections and in the end got paid by the architectural firm that designed the building. Councilman Wallis asked what has been done to ensure what went wrong with the Allen Stadium does not happen again. Adams replied that they have hired their own third-party structural engineer on a current project similar to the Allen Stadium; they also placed checks and balances in place, and have created a preconstruction checklist. Regarding the Allen Stadium,they stepped up and took care of the issue and did not walk away from their client. The consensus of Council was to move forward with awarding Pogue Construction as the Construction Manager at Risk for the Wylie Public Safety Building. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into regular session at 8:51 p.m. Minutes August 14,2018 Wylie City Council Page 8 ADJOURNMENT A motion was made by Mayor pro tem Stephens, seconded by Councilman Forrester,to adjourn the meeting at 8:52 p.m. A vote was taken and the motion passed -0 with Councilwoman Arrington absent. Eric Hogue,May ATTEST: JUOVAMAI—NiertAkkJ (..)" Stephanie Storm,City Secretary d ¢Or, � ibiry ;• ;', soft.FIE RA/Lw4: 1887. ST'9rE or To `' Minutes August 14,2018 Wylie City Council Page 9