Loading...
08-27-2019 (City Council) Minutes Wylie City Council IA/ CITY OF WYLIE Minutes Regular Meeting August 27,2019—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road,Bldg. 100 Wylie, TX 75098 CALL TO ORDER Mayor Eric Hogue called the regular meeting to order at 6:00 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tem Jeff Forrester, Councilwoman Candy Arrington, Councilman Timothy T. Wallis, and Councilman David Dahl. Staff present included: City Manager Chris Hoisted; Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Lieutenant Tommy Walters; Chief Building Official Bret McCullough; Communications Specialist Judy Truesdell; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Fire Chief Brandon Blythe; Public Works Director Tim Porter; Human Resources Director Lety Yanez; Planning Manager Jasen Haskins; WEDC Executive Director Sam Satterwhite; Project Engineer Wes Lawson; City Secretary Stephanie Storm, and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Assistant City Manager Parker gave the invocation and Assistant City Manager 011ie led the Pledge of Allegiance. PRESENTATIONS • Presentation by DART on the Collin County Rides program Todd Plesko, representing DART, addressed Council regarding the potential extension of the Collin County Rides Senior and Disabled Transportation Program through September 30, 2022. 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. No citizens were present wishing to address Council. Minutes August 27,2019 Wylie City Council Page 1 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 August 13, 2019 Regular Meeting and August 13,2019. Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, a Preliminary Plat of Emerald Vista Addition, to develop 168 residential lots,one nonresidential lot, nine open space lots, and one park lot on 51.669 acres, generally located on South Ballard Road at Elm Road. (J. Haskins, Planning Manager) C. Consider,and act upon,FY2020 Employee Insurance. (L. Yanez, Human Resources Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for July 31,2019. (M. Beard, Finance Director) E. Consider, and place on file, the City of Wylie Monthly Investment Report for July 31,2019. (M. Beard, Finance Director) F. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of July 31, 2019. (S. Satterwhite, WEDC Executive Director) Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter,to approve the Consent Agenda as presented. A vote was taken and motion passed 7-0. REGULAR AGENDA 1. Consider authorizing the City Manager to sign a Development Agreement between the City of Wylie,CJG Development Group,and Robert and Phyllis Kreymer,for the development of a residential subdivision. Located at 2605 East Stone Rd. (J. Haskins,.Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the development agreement is a result of discussions between the developers and City Council at the August 13, 2019 City Council meeting. The development agreement states that the developer will abide by the current building material standards for the property described in the agreement. Council Action A motion was made by Mayor pro tem Forrester seconded by Councilman Duke, authorizing the City Manager to sign a Development Agreement between the City of Wylie, CJG Development Group, and Robert and Phyllis Kreymer, for the development of a residential subdivision. Property located at 2605 East Stone Rd.A vote was taken and motion passed 7-0. Tabled from 08-13-2019 Remove from table and consider Council Action A motion was made by Councilman Dahl seconded by Mayor pro tern Forrester, to remove Item 2 from the table.A vote was taken and motion passed 7-0. Minutes August 27,2019 Wylie.City Council Page 2 2. Hold a Public Hearing to consider, and act upon, a change of zoning from Agricultural-30 (AG-30) to Single Family(SF 10/24),to allow for single family development,not to exceed 49 residential lots on 16.48 acres, generally located at and north of 2605 E. Stone Rd.ZC 2019- 10 (1 Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating this item is a request to rezone a 16.48-acre property located,on East Stone Road from AG/30 to Single Family (SF 10/24) for a single-family development of no more than 49 residential lots. As presented, the residential development is in compliance with the design standards of the SF 10/24 zoning regulations found in the Zoning Ordinance. The minimum lot area would be 10,000 square feet and the minimum residential dwelling size will be 2,400 square feet with standard setbacks. The fire department has stated that the project is not in compliance with emergency access requirements; therefore, the developer will be required to provide NFPA 13D fire sprinkler systems to the residential units. Haskins reported 40 notifications were mailed, with one response returned in opposition. Council Comments Councilman Porter asked if there is a way for the property, if it was redrawn, to be compliant with the current fire code. Applicant Comments Matt Atkins, representing Engineering Concepts, addressed Council stating the frontage along Stone Road is not wide enough for the depth of the property to avoid the sprinkler requirement. The two entrances must be separated by half the distance of the longest diagonal measurement across the property; the Stone Road frontage is not equal to half that distance. Public Hearing Mayor Hogue opened the public hearing on ZC 2019-10 at 6:27 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 6:27 p.m. Council Action A motion was made by Councilman Dahl seconded by Councilwoman Arrington, to approve a change of zoning from Agricultural-30 (AG-30) to Single Family (SF 10/24), to allow for single-family development, not to exceed 49 residential lots on 16.48 acres, generally located at and north of 2605 E. Stone Road. ZC 2019-10. A vote was taken and motion passed 7-0. 3. , Hold a Public Hearing to consider, and act upon, a change of zoning from Neighborhood Services (NS) to Neighborhood Services with a Special Use Permit(NS-SUP),to allow for the development of a motor vehicle fueling station, property located on 1.888 acres, northeast of the intersection of Ballard Avenue and Alanis Drive. ZC 2019-11. (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to rezone a 1.888-acre property located on the northeast corner of Ballard Avenue and Alanis Drive from Neighborhood Services (NS)to Neighborhood Services with a Special Use Permit (NS-SUP)to allow for a motor vehicle fueling station. The property is generally bordered to the north by Fire Station#1 and to the east and south by two vacant lots that are zoned within the Neighborhood Services district. The properties to the west, across Ballard Avenue, are zoned within the planned residential development of Stone Ranch. Haskins reported, Minutes August 27,20]9 Wylie City Council Page 3 as presented, the concept plan provides fire lane access to the site and provides 53 parking spaces with a parking ratio of approximately one space for every 300 square feet of building area. In addition to the motor fueling station, the applicant plans to develop approximately 16,000 square feet of commercial shell space. The zoning requested is generally compatible with the Comprehensive Land Use Plan as the area is designated as Suburban. Haskins reported 12 notifications were mailed, with six responses returned in opposition that are within the 200 feet. The six responses represent over 20% of the acreage within the notification area. Therefore, a three-fourths vote is required to approve the request. In addition to the notified area, there were seven additional comments against and one in favor. Haskins reported the Commission heard comments from many residents of the area. The Commissioners asked staff if a Traffic Impact Analysis was needed and staff mentioned that a project of this scope generally does not. The Commissioners did vote 3-2 to recommend approval. Applicant Comments Mr. Bob Bodar, applicant, addressed Council stating the other possible services include a dentist office, hair salon, or insurance business. The gas station would be a small gas station with three to four pumps and they would have hours such as 8 a.m.to 10 p.m. Public Hearing Mayor Hogue opened the public hearing on ZC2019-11 at 6:35 p.m. asking anyone present wishing to address Council to come forward. The following citizens spoke in opposition and addressed Council with concerns regarding the proposed gas station: Julie Lawson, Anthony Bennett, Barbara Smith, Don Richardson, Doug Vaughn, James Smith, Adam Twarkowski, Nancy Price, Daniel Lopez, Jake Lawson, Jennifer Coy, Susan Sinclair, John Spears, Mark Sinclair, Emmanuel Myrianthopoulos, Kathy Myrianthopoulos, Dana Winsauer, Clay Blakey, James Winsauer, Matthew Sak, Jared McCrory, Khalid Hafeez, Jessica Hughes, Tim Ring, Jason Takacs, and Justin Floyd. Justin Dumlao addressed Council, saying that he was somewhat in favor but with some caveats. He understood the concerns that had been expressed about the gas station, but he saw the value of walkable retail services, such as a café, coffee shop, or convenience store, that would serve the neighborhood. He also gave an example from his personal experience of having lived near a station and noting that fumes and crime were not a major issue. Mayor Hogue closed the public hearing at 7:32 p.m. Applicant Comments Mr. Bob Bodar, applicant, addressed Council addressing some of the concerns that the residents had expressed to Council about during the public hearing. Mayor pro tern Forrester called for the question. Councilman Porter seconded the motion. No vote was taken. Council Action A motion was made by Mayor pro tern Forrester seconded by Councilman Wallis, to deny with prejudice a change of zoning from Neighborhood Services (NS) to Neighborhood Services with a Special Use Permit (NS-SUP), to allow for the development of a motor vehicle fueling station, property located on 1.888 acres, northeast of the intersection of Ballard Avenue and Alanis Drive. ZC 2019-11. A vote was taken and motion passed 7-0. Minutes August 27,2019 Wylie City Council Page 4 4. Hold a Public Hearing to consider, and act upon, repealing and adopting regulations to Zoning Ordinance (2001-48) Article 6, Section 6.1 Planned Development Districts, Zoning Ordinance (2008-27) Article 8 Section 8.1 Zoning Related Applications, and to the Subdivision Regulations (2007-21) Sections 2.2, 2.3, and 2.4 Procedures and Approval. (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating in work sessions at the August 13, 2019 City Council meeting, staff discussed some of the changes and possible ordinance and regulation changes that may be needed as a result of the new statutes. Staff was given direction as outlined below: House Bill 2439—Haskins reported at this time there will not be any changes to the Zoning Ordinance or Subdivision Regulations regarding building materials. Staff did prepare a Resolution (Item 5) that will declare all relevant PDs, SUPs, and zoning cases as historically, culturally, or architecturally significant. House Bill 2840—Haskins reported staff is awaiting City Council Rules of Procedure and will prepare a recommended update to the Planning and Zoning Commission, Historic Review Commission, and Zoning Board of Adjustment rules of procedures when appropriate. House Bill 3167 —Haskins reported staff has made recommended changes to the Sections 6.1 and 8.1 of the Zoning Ordinance and Sections 2.2-2.4 of the Subdivision, which define and clarify site plans and plats, update application guidelines, and update Commission and Council required actions. Haskins reported the Commissioners voted to recommend approval 5-0. Public Hearing Mayor Hogue opened the public hearing on Item 4 at 7:42 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 7:42 p.m. Council_Action A motion was made by Councilman Wallis seconded by Councilman Duke, to approve repealing and adopting regulations to Zoning Ordinance (2001-48) Article 6, Section 6.1 Planned Development Districts, Zoning Ordinance (2008-27) Article 8 Section 8.1 Zoning Related Applications, and to the Subdivision Regulations (2007-21) Sections 2.2, 2.3, and 2.4 Procedures and Approval. A vote was taken and motion passed 7-0. 5. Consider, and act upon, Resolution No. 2019-20(R) of the City Council of the City of Wylie, Texas, recognizing the designation of places and areas as historically, culturally, and/or architecturally important and significant, through the adoption of, Planned Development Districts, Special Use Permits, Overlay Districts, and other zoning. (I Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating this item pertains to HB 2439 and would designate the referenced planned development districts, properties subject to specific use permits, and overlay districts as historically, culturally, or architecturally significant and important. Council Action A motion was made by Councilman Porter seconded by Councilman Wallis, to approve Resolution No. 2019-20(R) of the City Council of the City of Wylie, Texas, recognizing the designation of places and Minutes August 27,2019 Wylie City Council Page 5 areas as historically, culturally, and/or architecturally important and significant, through the adoption of, Planned Development Districts, Special Use Permits, Overlay Districts, and other zoning. A vote was taken and motion passed 7-0. Mayor Hogue recessed the Council into a short break at 7:45 p.m. 111 Mayor Hogue reconvened the Council at 7:55 p.m. 6. Hold a Public Hearing on the proposed tax rate of$0.688454 for fiscal year 2019-2020 and provide all interested persons an opportunity to be heard, either for or against the tax rate, ,set and announce the date, time and place of the meeting at which Council will vote on the final property tax rate. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating in accordance with the "Truth in Taxation" laws of the State of Texas, on August 13,the City Council voted to accept the calculation of the effective tax rate and the proposed tax rate for the 2019-2020 budget. Because the proposed tax rate is the effective rate, Council is not required to hold a public hearing on the tax rate. In the interest of transparency, a public hearing was scheduled for August 27 so that citizens may be heard. The proposed tax rate, the effective tax rate and last year's tax rate, as well as the date,time and location of the public hearing were published in the Dallas Morning News on August 20 and in the Wylie News on August 21. Public Hearing Mayor Hogue opened the public hearing on Item 6 at 7:57 p.m. asking anyone present wishing to address Council to come forward. Justin Dumlao addressed Council speaking against the proposed tax rate stating as Wylie continues to grow, local services should have room to grow to serve the needs of new citizens. Dumlao stated he felt the effective tax rate does not give the City any extra revenue and he was in favor of an increased property tax rate(+.01 or+.02). Mayor Hogue closed the public hearing at 8:00 p.m. Council Action A motion was made by Councilman Porter seconded by Councilman Duke, to set September 10, 2019 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300 Country Club Rd., Wylie, TX as the date, time and place at which Council will vote on the property tax rate. A vote was taken and motion passed 7-0. 7. Hold a Public Hearing on the fiscal year 2019-2020 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item in the proposed budget; and set and announce the date, time and place of the meeting at which council will vote on the final budget. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating a Public Hearing is required to be held on the fiscal year 2019-2020 Proposed Budget. The date,time and place that the vote will be taken on the final budget must also be scheduled. Any changes made to the proposed tax rate or Proposed Budget could affect required publications and steps in the tax rate and budget approval process. Minutes August 27,2019 Wylie City Council Page 6 Public Hearing Mayor Hogue opened the public hearing on Item 7 at 8:01 p.m. asking anyone present wishing to address Council to come forward. 111 No citizens were present wishing to address Council. Mayor Hogue closed the public hearing at 8:01 p.m. Council Action A motion was made by Councilwoman Arrington seconded by Councilman Dahl, to set September 10, 2019 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 300 Country Club Rd., Wylie, TX as the date, time and place at which Council will vote on the final budget. A vote was taken and motion passed 7-0. 8. Consider, and act upon, the award of RFP #W2018-69-B for Construction Manager At Risk —Guaranteed Maximum Price Construction Agreement to Pogue Construction LLC, for the Renovation and Expansion of the City of Wylie Public Safety Building in the amount of $13,993,887.00 and authorizing the City Manager to execute any and all necessary documents. (B. Parker, Asst. City Manager) Staff Comments Assistant City Manager Parker addressed Council stating Pogue hosted a bid day in which they accepted the bids for the Public Safety Building remodel. The guaranteed maximum price has been refined to $13,993,888.00 which includes the metal panel fence and the four covered parking spaces that were discussed at the last update. Council Action A motion was made by Councilman Dahl seconded by Councilwoman Arrington, to award RFP#W2018- 69-B for Construction Manager At Risk—Risk—Guaranteed Maximum Price Construction Agreement to Pogue Construction LLC, for the Renovation and Expansion of the City of Wylie Public Safety Building in the amount of $13,993,888.00 and authorizing the City Manager to execute any and all necessary documents.A vote was taken and motion passed 7-0. Mayor Hogue convened the Council into Executive Session at 8:08 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. • Properties adjacent to McMillan Road between McCreary Road and Country Club Road. • Consider the sale or acquisition of property owned by the City of Wylie. • 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 Minutes August 27,2019 Wylie City Council Page 7 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). • Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Project 2019-5c, 2019-7a and 2019-8a. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 8:46 p.m. Council Action A motion was made by Councilman Porter seconded by Councilman Duke, to authorize the Public Notice to Bidders for the sale of a City-owned 1.60459-acre parcel located at 802 West Kirby in Wylie, Texas fronting F.M. 544 and part of a 4.67-acre tract more specifically located at the northwest corner of F.M. 544 and the Kansas City Southern Railway Company railroad crossing which is approximately 640 feet west of the intersection of F.M. 544 and State Highway 78, Wylie, Texas. A vote was taken and motion passed 7-0. ADJOURNMENT A motion was made by Councilman Duke, seconded by Councilman Wallis, to adjourn the meeting at 8:48 p.m. A vote was taken and the motion passed 7-0. ^. c�JttYiii �. (r.L .,.�„ ; T�`z� „. Eric Hogue, or ATTEST:dtii*Altti clielAftk �� r� �;Y � 7 Fi Stephanie Storm, City Secretary _,;._.' ,Ul. R:41 3, SPea+P.Fc R.A1Cb.7Y 0,1887. 1ZTE OF TE S • Minutes August 27,2019 Wylie City Council Page 8