05-28-2019 (City Council) Minutes IA/
IN Wylie City Council
CITY OF
WYLIE
Minutes
Regular Meeting
May 28,2019—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 6:05 p.m. The following City Council members were
present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tern Jeff Forrester,
Councilman Timothy T. Wallis, and Councilman David Dahl. Councilwoman Candy Arrington was
absent.
Staff present included: City Manager Chris Hoisted; Assistant City Manager Brent Parker; Assistant City
Manager Renae 011ie; Police Lieutenant Matt Miller; Chief Building Official Bret McCullough; Public
Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa
Beard; Fire Chief Brandon Blythe; Public Works Director Tim Porter; Planning Manager Jasen Haskins,
Library Director Rachel Orozco; WEDC Executive Director Sam Satterwhite; Project Engineer Wes
•
Lawson; City Secretary Stephanie Storm, and various support staff.
INVOCATION&PLEDGE OF ALLEGIANCE
Councilman Dahl gave the invocation and Police Lieutenant Miller led the Pledge of Allegiance.
PRESENTATIONS
• Wylie Way Students
Mayor Hogue and Mayor pro tern Forrester 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."
• Junior Mayor Carter Oswald
Mayor Hogue introduced Junior Mayor Carter Oswald, administered the oath of office, and presented a
proclamation for"Mayor of the Day."
• Motorcycle Safety and Awareness
Mayor Hogue presented a proclamation proclaiming the month of May as Motorcycle Safety and
Awareness Month in Wylie,Texas. Members of Blacksheep MC were present to accept the
proclamation.
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Wylie City Council
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• National Boating Safety Week
Mayor Hogue presented a proclamation proclaiming May 18-24, 2019 as National Boating Safety Week
in Wylie,Texas. A member of US Coast Guard Auxiliary Flotilla was present to accept the proclamation.
CITIZEN 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.
• Boys & Girls Clubs of Collin County—Collin Classic Bicycle Rally
Jena Abernathy, representing the Boys &Girls Club of Collin County, spoke about the 28`h annual Collin
Classic Bicycle Rally that will be taking place through Wylie on June 8, 2019. Ms. Abernathy expressed
appreciation to the Public Works and Public Safety departments for their assistance with this Rally. Ms.
Abernathy invited everyone to come Out to the Rally.
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 May 14, 2019 Regular Meeting of the
Wylie City Council. (S. Storm, City Secretary)
B. Consider, and place on file,the City of Wylie Monthly Investment Report for April 30,2019.
(M. Beard, Finance Director)
C. Consider,and place on file,the City of Wylie Monthly Revenue and Expenditure Report for
April 30,2019. (M. Beard, Finance Director)
D. Consider, and place on file, the Animal Shelter Advisory Board report to City Council
regarding meeting held on February 13,2019. (A. Henderson, Police Chief)
E. Consider, and act upon, the First Modification of contract #W2014-65-A for Concrete
Repair and Maintenance with GT Construction in the estimated amount of$90,000.00, and
authorizing the City Manager to execute any and all necessary documents. (G. Hayes,
Purchasing Manager)
F. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement with
Collin County and the Rita and Truett Smith Public Library for library services for fiscal
year 2018-2019 in the amount of$6,868.00. (R. Orozco, Library Director)
G. Consider, and act upon, Ordinance No. 2019-14 to change the zoning from Single
Family (SF-10/24) to Commercial Corridor (CC), for commercial purposes on two lots of
0.38 and 0.19 acres, located at 110 College and 406 S Jackson, respectively. ZC 2019-03 (J.
Haskins, Planning Manager)
H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of April 30,2019. (S. Satterwhite, WEDC Director)
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Mayor pro tern Forrester requested Consent Item E be removed from Consent and considered
individually. Consensus of the Council was to remove Item E from Consent and consider individually.
Council Action
A motion was made by Councilman Wallis, seconded by Councilman Dahl,to approve the Consent
Agenda Items A,B, C,D,F, G, and H as presented. A vote was taken and motion passed 6-0 with
Councilwoman Arrington absent.
REGULAR AGENDA
E. Consider, and act upon, the First Modification of contract #W2014-65-A for Concrete
Repair and Maintenance with GT Construction in the estimated amount of$90,000.00, and
authorizing the City Manager to execute any and all necessary documents. (G. Hayes,
Purchasing Manager)
Council Comments
Mayor pro tem Forrester asked if this is for repairs to existing construction or expansion of program in
order to be a stopgap between contracts.
Holsted replied staff is in the process of rebidding the concrete repair and installation contract. This gives,
an additional 60 days so there is no gap between existing contracts and new contracts. Funds are
budgeted in the current budget.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter,to approve Consent
Agenda Item E. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent.
Interview of Board of Ethics Applicant
Mayor Hogue reported that Justin Grayczyk was unable to make the meeting this evening.
1. Hold a Public Hearing and consider, and act upon, a change of zoning from Agricultural-30
(AG-30) to Planned Development-Single-family (PD-SF), to allow for single-family detached
uses on 26.4 acres, located at 1751 McMillen Road. ZC 2019-04 (J. Haskins, Planning
Manager)
Council Comments
Mayor Hogue stated the developer has submitted a request to withdraw this item at 5:36 pm.
Public Hearing
Mayor Hogue opened the public hearing on Item 1 at 6:49 p.m. asking anyone present wishing to address
Council to come forward.
Keith Huyck, Terri Thurmond, Catherine Butschek, James Suttles, and Daniel Collett addressed Council
with concerns and spoke in opposition regarding the proposed development.
Mayor Hogue closed the public hearing at 7:01 p.m. -
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Council Action
A motion was made by Councilman Dahl, seconded by Councilman Duke,to accept the request to
withdraw the rezoning request. A vote was taken and motion passed 6-0 with Councilwoman Arrington
absent.
2. Hold a Public Hearing and consider, and act upon, a change of zoning from Neighborhood
Services (NS) to Commercial Corridor (CC), to allow for a Contractors Maintenance Yard
use on 1.89 acres,located at 634 North Ballard. ZC 2019-06 (J. Haskins, Development Services
Manager)
Staff Comments
Planning Manager Haskins addressed Council stating the applicant is requesting to rezone one lot of
approximately 1.89 acres located at 634 North Ballard Street. The property is currently zoned
Neighborhood Services(NS)with a Certificate of Occupancy for Office Use. The reason for the requested
rezoning to Commercial Corridor (CC) is to accommodate a Contractors Maintenance Yard Use by the
same firm, which is not allowed in NS. In July 2015, at the request of same applicant, the property was
rezoned to NS from Single Family to allow for an office use of an engineering firm. The firm, which
works with telecommunications companies, continues to occupy the property; however, the use has
expanded beyond the General Office use -as identified on the Certificate of Occupancy. The
Comprehensive Development Plan identifies the area as General Urban, which supports the requested
zoning and use. Haskins reported the property fronts Ballard, which is scheduled to be widened to four
lanes within the next few years, and could support a CC zoned property. Thirty notifications were mailed
with one response received in favor of the request. The Commission voted 5-0 to recommend approval.
Applicant Comments
Steve Purcell, representing TDC2, LLC, addressed Council stating business is not going to change from
what they have been doing the last four years. Purcell reported they are an engineering and project
management company in the telecommunications industry and are not a material handling yard. They
have incidental material that comes to and from the job sites at different times for their customers.
Councilman Dahl expressed concerns with making a change in the zoning for potential future uses of the
property. Mayor pro tem Forrester asked if all of the materials are kept inside the storage building, if
there is still a requirement for a Material Maintenance Yard designator. Haskins replied yes, because their
Certificate of Occupancy is General Office use and staff considers the current use as a wholesale version
of the Material Maintenance Yard designator because the applicant does not have contractors going to
their office. Councilman Porter asked if a Planned Development (PD) could be put in place with the
general NS and add CC so potential future tenants cannot change it to another commercial use. Haskins
replied yes a PD could be done and they could allow the applicant to continue business as this is being
resolved. The applicant replied they would be fine with a PD. 011ie recommended the PD be tied to the
user, not the land. Forrester confirmed if the user vacates the property the zoning would revert back to
NS. 011ie replied that would be correct. Forrester asked what would be the cleanest way to make the
transition on the applicant and planning. 011ie stated that, if the applicant is willing to look at the PD and
due to the fact that Council has received the recommendation from the Commission and is asking
something more stringent, this would have to be withdrawn by the applicant, and the PD conditions
would have to go to the Commission.
Purcell requested, and submitted in writing, that Council withdraw this item with one condition, that an
updated overview picture of the property be used for future considerations. Haskins reported the City can
utilize a drone to get an updated overview picture.
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Public Hearing
Mayor Hogue opened the public hearing on Item 2 at 7:29 p.m. asking anyone present wishing to address
111 Council to come forward.
No citizens were present wishing to address Council.
Mayor Hogue closed the public hearing at 7:29 p.m.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to accept the
applicant's withdrawal. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent.
3. Consider, and act upon,Ordinance No.2019-15 amending Ordinance No.2018-24(2018-
2019 Budget)for proposed budget amendments for fiscal year 2018-2019; providing for
repealing,savings and severability clauses; and providing an effective date of this ordinance.
(M. Beard, Finance Director)
Staff Comments
Finance Director Beard addressed Council stating staff is requesting to amend the FY 2018-2019 budget.
The budget amendment is for contract modification number one with Architects Design Group for the
Public Safety Building in the amount of$497,000. The expense will be funded by the sales tax revenue
account,which is currently predicted to come in 17% over the budgeted.amount.
Council Comments
Councilman Porter confirmed the amendment states the projection is expected to be covered by the sales
tax. Porter stated he asked about changing the sales tax after seeing an increase over a couple months at
the April 6 meeting and was told sales tax was too unpredictable and it would not be a wise move. Beard
stated the revenue is not going to be amended because it is a projection and they are unpredictable. As of
May they are over 17% and the next few months would only have to come in over 5% of last year to
cover this expense; because the revenue is not being amended, any additional money that comes in from
sales tax will be part of the General Fund unassigned balance, which would be what would cover this
expense. Hoisted added staff has received an additional month of data and the trend is showing growth to
continue on the sales tax.
Porter asked if this expense was part of the February 12 presentation which listed $550,000 of additional
expenses that were considered to be part of the project. Hoisted replied in that project budget these
expenses were shown to be covered in the original $15.1 million of available revenue. Porter asked
whether the reason for the ordinance was to make a change, or to acknowledge the expenses. Hoisted,
reported approval of the Ordinance would transfer the fund into the Public Safety Building Fund so the
additional sales tax revenue would increase the fund from $15.1 million to about$15.5 million. Staff will
be meeting in a work session with Council in July to discuss the 50% construction estimate from Pogue.
Soon after that staff will get the guaranteed max price. If the money is not needed, then it will go back
into the General Fund Fund Balance. Porter asked why the money is being moved now, and whether it
could it be moved later if additional funds are needed. Hoisted reported it can be done later; however,
staff would recommend to move the money now because the City is still carrying some contingency on
the construction contract. Council can choose to wait and use existing funds to cover the additional costs.
If the adjustment is not made now, staff would expect changes to the guaranteed max price. in
August/September in order to move some of the alternates such as public parking, sally port, and security
fencing into the base budget.
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Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis,to table Ordinance No.
2019-15 amending Ordinance No. 2018-24 (2018-2019 Budget) for proposed budget amendments for
fiscal year 2018-2019; providing for repealing, savings and severability clauses; and providing an
effective date of this ordinance for consideration at the July 23 City Council meeting. A vote was taken
and motion passed 6-0 with Councilwoman Arrington absent.
4. Consider, and act upon, the First Modification of contract #W2017-40-E for Professional
Design Services for the Renovation and Expansion of the City°of Wylie Public Safety
Building with Architects Design Group in the amount of$496,750.00, and authorizing the
City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager)
Staff Comments
Purchasing Manager Hayes addressed Council stating this contract modification incorporates the architect
fee increases due to the projected construction costs and incorporates three additional services: add
interior design services, landscape architectural services, and geoengineering soil reports.
Council Comments
Mayor pro tern Forrester commended staff on a percentage rate reduction on the contract.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Dahl, to approve the First
Modification of contract #W2017-40-E for Professional Design Services for the Renovation and
Expansion of the City of Wylie Public Safety Building with Architects Design Group in the amount of
$496,750.00, and authorizing the City Manager to execute any and all necessary documents. A vote was
taken and motion passed 6-0 with Councilwoman Arrington absent.
111
5. Consider, and act upon, approval for EIFS as an appropriate primary exterior façade, in
accordance with Article 4,-Section 4.3.F of the Comprehensive Zoning Ordinance, for a
retail strip center located at 330 S. State Highway 78. (B. McCullough, Building Official)
Staff Comments
Building Official McCullough addressed Council stating on June 19, 2018 a site plan was approved by
the Planning and Zoning Commission for the development of a four-tenant 10,000-square-foot retail strip
center located at 330 S. State Highway 78. The approved plans showed stucco and brick as the primary
exterior materials. The applicant submitted building plans and obtained a building permit on September
25, 2018.The building plans did not match the approved elevations;the stucco was replaced with EIFS as
the primary exterior material.
McCullough reported the applicant is seeking a variance from Council to allow the exterior facade to have
more than 20% coverage of EIFS. McCullough reported the proposed material is an approved material by
the 2015 Edition of the International Building Code and nationally listed, and recognized, as an approved
construction material. This is strictly a zoning issue,not a building code issue.
Council Comments
Mayor pro tern Forrester asked what percentage of stucco is allowed on buildings. McCullough reported
80% is allowed to be stucco, or some other masonry product defined in the Zoning Ordinance. The
remainder 20% can be EIF S. McCullough stated EIFS today is not like it used to be; it has come a long
way. Councilman Dahl asked why this appeal would not go to the Zoning Board of Adjustment.
McCullough replied there are certain items Zoning Board of Adjustment can handle per state law, but
since this is a specific property appeal and not a variance, listed in the City's Zoning Ordinance, it comes
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Wylie City Council
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to Council for approval. Dahl asked about this item going to the Construction Code Board. McCullough
replied they would hear an appeal of a decision the Building Official would make. This material is
approved by the Building Code so it would not be necessary to go to the Construction Code Board for an
appeal because it is an approved construction material. 011ie reported this appeal is coming to Council for
strictly aesthetic purposes. In 2010 the ordinance was changed to allow a masonry composite in lieu of
brick. Forrester asked whether in the last 10 years technology has advanced such that this product could
be revisited in the Ordinance and considered at a higher percentage as a construction material. Staff
replied yes,this would be something beneficial to revisit.
Applicant Comments
Matthew King, Architect for the retail strip center, addressed Council stating he created the mistake and
the permit plans were put out into the field with EIFS instead of stucco. The entire building has been
wrapped and ready to apply the finish EIFS coatings. King reported the durability of the material has
improved over the years and there would be no difference in appearance.
Council Comments
Mayor pro tern Forrester asked what the cost savings is on EIFS vs. stucco. Rick Williams, installer,
responded they are about the same cost with the weather barrier, 1'/2 insulation, and high impact mesh that
comes with EIFS. Councilman Porter stated he had concerns regarding moisture and drainage in regards
to EIFS. Williams responded unless the material is installed improperly, the materials are very efficient
for drainage. Councilman Wallis asked if the applicant had durability studies related to the materials
being discussed. King responded he did not, but he has received complaints on projects with stucco
because it cracks. Councilman Duke asked how the product would rate against stucco in regards to hail
storms. King responded aesthetically it can match the adobe stucco look. In regards to durability, and
referencing the 2016 hail storm, King was unsure where EIFS would rank against other materials. Mayor
Hogue asked the percentage of EIFS being proposed on the building. King responded greater than 50%
and McCullough added about 70%.
Citizen Comments
Keith Huyck.addressed Council with a comment in regards to EIFS and sustainability regarding hail.
Council Action
A motion was made by Councilman Dahl to approve EIFS as an appropriate primary exterior, in
accordance with Article 4, Section 4.3.F of the Comprehensive Zoning Ordinance, for a retail strip center
located at 330 S. State Highway 78 to exceed the 20% coverage of EIFS. The motion died for the lack of
a second.
A motion was made by Councilman Porter, seconded by Councilman Duke, to deny EIFS as an
appropriate primary exterior, in accordance with Article 4, Section 4.3.F of the Comprehensive Zoning
Ordinance, for a retail strip center located at 330 S. State Highway 78. A vote was taken and motion
passed 5-1 with Councilman Dahl voting against and Councilwoman Arrington absent.
Mayor Hogue convened the Council into Executive Session at 8:26 p.m.
EXECUTIVE SESSION
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the
City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or
consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City
Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session
or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not
limited to,the following sanctions and purposes:
Texas Government Code Section:
§551.071—Private consultation with an attorney for the City.
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
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Wylie City Council
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§551.087—Discussing certain economic development matters.
§551.073—Discussing prospective gift or donation to the City.
§551.076—Discussing deployment of security personnel or devices or security audit.
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Sec.551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT
NEGOTIATIONS; CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
, (1) to discuss or deliberate regarding commercial or financial information that the governmental body has
received from a business prospect that the governmental body seeks to have locate, stay, or expand in
or near the territory of the governmental body and with which the governmental body is conducting
economic development negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision
(1).
• Discuss property located on 544 west of SH 78
• Discussion regarding property generally located at Brown St. and SH 78
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue reconvened into Regular Session at 9:32 p.m.
READING OF ORDINANCE
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Storm read the caption to Ordinance No. 2019-14 into the official record.
ADJOURNMENT
A motion was made•by Councilman Porter, seconded by Councilman Duke, to adjourn the meeting at
9:33 p.m. A vote was taken and the motion passed 6-0 with Councilwoman Arrington absent.
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Minutes May 28,2019
Wylie City Council
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