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.
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Wylie City Council
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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.
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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.
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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
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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
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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.
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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.
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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.
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