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09-24-2019 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Regular Meeting September 24,2019—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 6:03 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 Tommy Walters; Chief Building Official Bret McCullough; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Fire Chief Brandon Blythe; Human Resources Director Lety Yanez; Planning Manager Jasen Haskins; WEDC Executive Director Sam Satterwhite; Project Engineer Wes Lawson; Public Works Director Tim Porter; City Secretary Stephanie Storm, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Hogue gave the invocation and City Manager Hoisted led the Pledge of Allegiance. PRESENTATIONS • National Manufacturing Day Proclamation Mayor Hogue presented a proclamation proclaiming October 4, 2019 as Manufacturing Day in Wylie, Texas. Representatives from WISD, Sanden International,North Texas Municipal Water District, Savage Precision Fabrication, Pella Corporation, Deanan Gourmet Popcorn, Workforce Solutions for North Central Texas, SAF-Holland, Lone Star Circuits, Wylie Chamber of Commerce, and Wylie Economic Development Corporation, were 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. Minutes September 24,2019 Wylie City Council Page 1 Debbie Migliore addressed Council requesting a zoning amendment to allow piercings in Historic Downtown Wylie saying she wanted to perform her small business to the fullest. Melissa Kenfield addressed Council stating her perception of the September 10 City Council meeting regarding the items related to the budget. Due to technical difficulties with the audio, Mayor Hogue convened the Council into Executive Session at 6:43 p.m. while staff re-set the system. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.sed. 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. • Deliberation regarding the purchase, exchange, lease or value of real property located near the intersection of State Highway 78 and 5th Street. • Deliberation regarding the purchase, exchange, lease or value of real property located near the intersection of State Highway 78 and Ballard Street. 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). • Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Project 2019-7a. Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING. (a)This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee; or (2) to hear a complaint or charge against an officer or employee. (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. • Presentation of issues pertaining to WEDC Personnel. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open Session at 7:11 p.m. Council Action A motion was made by Councilman Duke seconded by Councilman Dahl, to authorize the Wylie EDC to offer incentives for Project 2019-7a in the amount of$120,000. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. Minutes September 24,2019 Wylie City Council Page 2 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 September 10, 2019 Regular Meeting and September 10,2019 Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider,and act upon,a Final Plat for B&L Park to establish one lot of 5.013 acres within Wylie's ETJ, property located at 6201 Pleasant Valley Road. (J. Haskins, Planning Manager) C. Consider, and act upon, the first modification to PSPO #W2018-92-E for the 2018 Parks, Recreation and Open Space Master Plan, Braddock Park Master Plan, and Parkside Park Master Plan to Dunaway Associates L.P. in the amount of$55,625.00 and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) D. Consider, and act upon, approving the Financial Management Policies. (M. Beard, Finance Director) E. Consider, and act upon, Resolution No. 2019-23(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities. (M. Beard, Finance Director) F. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for August 31,2019. (M. Beard, Finance Director) G. Consider, and place on file, the City of Wylie Monthly Investment Report for August 31, 2019. (Al Beard, Finance Director) H. Consider, and act upon Resolution No. 2019-24(R) authorizing the City Manager to execute an Interlocal Cooperation Agreement between the City of Wylie and North Texas Municipal Water District for the construction of new right of way for a portion of Lynda Lane and the abandonment of a portion of the old right of way for Lynda Lane, being a variable width beginning approximately 120 linear feet inside Collin County jurisdiction and extend east approximately 680 linear feet across City jurisdiction to a terminus intersection with Forrest Ross Lane. (R. 011ie, Asst. City Manager) I. Consider, and act upon, Resolution No. 2019-25(R) of the City Council of the City of Wylie, Texas,amending Resolution No. 2003-20(R),Rules 1,3,and 9. (C. Hoisted, City Manager) J. Consider, and act upon, Ordinance No. 2019-29 of the City Council of the City of Wylie, Texas, establishing Rules of Procedure for the conduct of public testimony at meetings of the Wylie boards, commissions and committees that are subject to the Texas Open Meetings Act. (C. Hoisted, City Manager) Council Action A motion was made by Councilman Dahl, seconded by Councilman Duke, to approve the Consent Agenda as presented. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. Minutes September 24,2019 Wylie City Council Page 3 REGULAR AGENDA Tabled from 09-10-2019 Remove from table and consider Council Action A motion was made by Mayor pro tern Forrester seconded by Councilman Porter, to remove Item I from the table. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 1. Consider, and act upon, Ordinance No. 2019-22 to change the zoning from Agricultural (AG/30) to Single Family-10/24 (SF-10/24), to allow for 49 single-family lots on 16.481 acres, located on E. Stone Road approximately 1500 feet south of E. Brown Street. ZC 2019-10 (I Haskins, Planning Manager) Staff Comments City Manager Hoisted reported that staff did receive the executed development agreement. Council Action A motion was made by Mayor pro tent Forrester, seconded by Councilman Porter, to approve Ordinance No. 2019-22 to change the zoning from Agricultural (AG/30)to Single Family-10/24 (SF-10/24),to allow for 49 single-family lots on 16.481 acres, located on E. Stone Road approximately 1500 feet south of E. Brown Street ZC 2019-10. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 2. Hold a Public Hearing and consider, and act upon, a residential Replat of Lot 1, Block A of Wylie East High School Addition to create Lot 1R,Block A to allow for adjustments to utility and fire lane easements, property located at 3000 Wylie East Drive. (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins stated this is a replat of Wylie East High School and with the expansion and renovations being made,the applicant has to realign the utility and fire lane easements. Public Hearing Mayor Hogue opened the public hearing on Item 2 at 7:16 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 7:17 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilman Dahl, to approve a residential Replat of Lot 1, Block A of Wylie East High School Addition to create Lot 1R, Block A to allow for adjustments to utility and fire lane easements, property located at 3000 Wylie East Drive. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 3. Consider authorizing the City Manager to sign a Development Agreement pending Annexation between the City of Wylie, Serene District Townhomes, DBA The District Townhome (Tract 1 Owner), The District Lifestyle LLC (Tracts 2 & 3 Owner), and The District Lifestyle II LLC (Tracts 4 & 5 Owner), for the development of a mixed-use master Minutes September 24,2019 Wylie City Council Page 4 planned community, located south of Alanis Drive and east of SH 78. (R. 011ie, Asst. City Manager) Staff Comments Assistant City Manager 011ie addressed Council stating the applicant has submitted the Development Agreement for the development of five separate tracts totaling 20.433 acres. Tract 1 consists of 4.79 acres and is situated in Wylie's ETJ. If the Development Agreement is approved, the next step would be a voluntary annexation of Tract 1 followed by zoning of the five tracts. Staff has met and discussed the contents of the agreement with City Attorney as well as the applicant's attorney and there are some corrections that need to be made. 011ie compared the Zoning Ordinance with what the applicant is requesting for Tract 1, Townhomes. The current City standard is 3,500 square feet for exterior lots and 3,000 for square feet interior lots. The applicant is proposing 1,495 square feet on rear entry units and 1,875 square feet on front entry units. The minimum lot width is 30 feet and the applicant is proposing 23 feet. The minimum lot depth is 100 feet and the applicant is proposing 66 feet. The corner lot width is 45 feet and the applicant is proposing 15 feet. The applicant does exceed the minimum dwelling size for two dwellings by proposing 1,403 square feet instead of the required 1,000 square feet. In regards to the elevation repetitions, the applicant is proposing skipping 14 lots on the same side, instead of the seven on the same side, but this is not reflected in the concept plan. 011ie reported on the other four tracts; in regards to commercial, some of the comparisons with the Zoning Ordinance include the maximum height is 36 feet and the applicant is proposing 50 feet, the maximum number of stories is two and the applicant is proposing four,the lot coverage is 45% while the applicant is proposing three lots can be up to 65% with the cumulative total not to exceed 45%, the masonry standard is 80% masonry with maximum 20% EIFS and the applicant is proposing 75% masonry, 25% decorative accent, and no EIFS. The laws changed so the City cannot control EIFS any longer; however, part of the agreement is an exhibit that the applicant will adhere, or exceed to the City standards. 011ie stated on page 4, in section 4 of the Agreement, it states platting allows for the submission of Preliminary Plat for Tract I only. 011ie reported it is staffs opinion that the entire development should be preliminary platted at one time, with final platting submitted as each phase is ready to develop. In Exhibit F, General Standards, it states at least 40,000 square feet of commercial/retail/office/residential space has to be constructed on Tracts 2, 3, and/or 4 and 5 prior to receiving final inspections or certificates of occupancy for any building on Tract 1. The applicant is requesting a reduction in required parking between 15-20%. Tracts 2, 3, 4, and 5 will consist of retail, apartments, office space, and condos so the applicant believes some residents will be gone during the day and the retail could use some of those parking spaces. Applicant Comments Chuck Branch and Dede Belz, representing Daydra Management, gave a presentation to Council on The District. Myron Dornic, Attorney for Daydra, also addressed Council regarding The District. Council Comments Mayor Hogue asked how the developer will get utilities to the project. Ryan Cole, representing Daydra, responded there are two different tracts and they are working with the two different owners. Hogue asked why not the entire preliminary plat for the development. Dornic replied both preliminary plats have been submitted for review. The reason only one was mentioned in Part B of the agreement was because Part B was only about Tract 1. Hogue asked whether, with the work currently being done, they had pulled permits. Cole replied that permits have been pulled and all are current except for one that just expired for grading, which they are currently renewing. 011ie replied that is correct on the ETJ piece; however, they were given a stop work order on the piece inside of the City limits because there was work being done without a permit. 011ie reported they did receive the preliminary plats, but staff did not include Tracts 2-5 because they were incorrect and did not match the Concept Plan. Councilman Porter asked if the Fire Minutes September 24,2019 Wylie City Council Page 5 Department would have adequate apparatus coverage to accommodate the proposed development's 50- foot building height. Fire Chief Blythe replied a larger ladder would most likely not have to be purchased and the buildings within the City limits should be sprinklered; however, the Fire Marshall has not formally reviewed the plans. Mayor pro tem Forrester asked if the City has received support from the school district. 011ie replied that staff has not submitted anything to the school district because the project is only at the development agreement stage. Citizen Comments Denny Armstrong, Norman Hall, Hayley Macantonio, Daniel DeFrane, Rebekah Defrane, Brad Binke, Leah Defrane, Brandon Ireland, Maria Smith, Tim Smith, and CE Sebastian addressed Council in favor of the proposed development. Council Comments Mayor Hogue asked EDC Executive Director Satterwhite to come up. Hogue asked Satterwhite to describe some of the challenges the WEDC has encountered regarding developing projects on Highway 78. Satterwhite responded that, due to the daytime population, it has been challenging to interest full- service sit-down restaurants. Another challenge, he said, is not having both east-west and north-south traffic. Porter asked for an update from the last discussion with Council regarding communication with TxDOT regarding traffic signals on Highway 78. Cole replied JonesCCarter, the engineering for the project, has reached out to TxDOT, and currently they are doing a right-in/right-out and a left turn lane. The applicant requested that Council table this item until the October 22 City Council meeting sc that they can respond to any open issues with staff. Council Action A motion was made by Councilman Porter, seconded by Councilman Duke, to table Item 3 until the October 22, 2019 City Council meeting. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. 4. Consider, and act upon, Resolution No. 2019-26(R) reviewing and approving a First Amendment to Chapter 380 Agreement by and between the City of Wylie, Texas and Cross Development, LLC; further authorizing the City Manager to execute the First Amendment to the Chapter 380 Agreement; further authorizing the City Manager to take any and all other actions necessary to effectuate the same; and providing for an effective date. (S. Satterwhite, WEDC Director) Staff Comments WEDC Executive Director Satterwhite addressed Council stating this is a request to extend the deadline to complete the project contemplated under the Chapter 380 Agreement that Council approved on March 13, 2018. The developer first approached City/WEDC staff in January 2019 to discuss the request for an extension due to the significant amount of rainfall that impacted the project beyond what is normally anticipated. Satterwhite reported from September 2018 to December 2018 33 '/2" of rain fell, and from September 2018 to October 2018 approximately 28 '/z" of rain fell. In January 2019 it was staff's position that the project needed to progress to keep focused upon meeting the existing requirements. Staff is requesting, on the developer's behalf, an extension of 120 days, extending the September 1, 2020 completion date to December 31, 2020. Council Comments Councilman Porter confirmed the developer is requesting a 120-day extension for a two-month period during which, per the report, there were only 29 work day delays and lengthy periods of no rain. Satterwhite replied that was correct. Councilman Dahl clarified the developer is unsure of what the future holds and they are giving a date they know they can achieve. Satterwhite confirmed that is correct and staff has made it clear to the developer there will not be another request to change the date granted. Minutes September 24,2019 Wylie City Council Page 6 Hoisted clarified the type of work being done at the start of the project was underground utilities and concrete paving, which is affected by weather. Hoisted stated there is a point in a project at which the weather does not impact progress to as great an extent as earlier in the construction. Council Action A motion was made by Councilman Porter, seconded by Councilman Duke,to deny Resolution No. 2019- 26(R)reviewing and approving a First Amendment to Chapter 380 Agreement by and between the City of Wylie, Texas and Cross Development, LLC; further authorizing the City Manager to execute the First Amendment to the Chapter 380 Agreement; further authorizing the City Manager to take any and all other actions necessary to effectuate the same; and providing for an effective date. A vote was taken and motion failed 3-3 with Mayor Hogue, Mayor pro tem Forrester, and Councilman Dahl voting against and Councilwoman Arrington absent. Mayor Hogue recessed the Council into a short break at 8:30 p.m. Mayor Hogue reconvened the Council at 8:35 p.m. Council Comments Councilman Wallis asked if a 60-day extension would be sufficient. Satterwhite replied that would be a generous gesture of the Council and felt that it would be doable and attainable. Council Action A motion was made by Councilman Porter, seconded by Councilman Wallis, to approve Resolution No. 2019-26(R), with the modification of 60 days, reviewing and approving a First Amendment to Chapter 380 Agreement by and between the City of Wylie, Texas and Cross Development, LLC; further authorizing the City Manager to execute the First Amendment to the Chapter 380 Agreement; further authorizing the City Manager to take any and all other actions necessary to effectuate the same; and providing for an effective date. A vote was taken and motion passed 5-1 with Councilman Dahl voting against and Councilwoman Arrington absent. 5. Consider, and act upon,Resolution No. 2019-27(R),to ratify contract#W2019-125-B and first modification for the Bay Expansion of Fire Station #2 with Clayton Contracting Inc. in the amount of$54,240.06,and authorizing the City Manager to execute any necessary documents. (B. Blythe, Fire Chief) Staff Comments Fire Chief Blythe addressed Council stating that during the course of demolition of a portion of the exterior wall, it was discovered that the structural header beam for this bay was not installed as shown on the architectural drawings. The contractor has submitted the first modification for this project in the amount of$5,433.12 to remove and install the correct structural support. This modification will bring the total of the project to $54,240.06. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to approve Resolution No. 2019-27(R), to ratify contract #W2019-125-B and first modification for the Bay Expansion of Fire Station #2 with Clayton Contracting Inc. in the amount of$54,240.06, and authorizing the City Manager to execute any necessary documents. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. READING OF ORDINANCES City Secretary Storm read the captions to Ordinance Nos. 2019-22 and 2019-29 into the official record. Minutes September 24,2019 Wylie City Council Page 7 ADJOURNMENT A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to adjourn the meeting at 8:43 p.m. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent. Eric Hogue,P 1 yo ATTEST: 4kLpVoJwJtetuk / Stephanie Storm, City Secretary 1 xX (( \ �lit� I-e" /f � j•fI Minutes September 24,2019 Wylie City Council Page 8