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10-22-2019 (City Council) Minutes Wylie City Council CITE. F Minutes Regular Meeting October 22, 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 6:05 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: Assistant City Manager Brent Parker; Assistant City Manager Rena 011ie; Police Chief Anthony Henderson; Assistant Police Chief Tommy Walters; Chief Building Official Bret McCullough; Public Information Officer Craig Kelly; Finance Director Melissa Beard; Assistant Fire Chief Brian Ritter; Planning Manager Jasen Haskins; Parks and Recreation Director Rob Diaz; 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 Mayor pro tem Forrester led the Pledge of Allegiance. PRESENTATIONS • Wylie Way Students Mayor Hogue and Mayor pro tem 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." • Municipal Court Week November 4-8 Mayor Hogue read a proclamation declaring November 4-8, 2019 as Municipal Court Week in the City of Wylie. Municipal Court staff was present to accept the proclamation. • Arbor Day Proclamation Mayor Hogue read a proclamation declaring November 1, 2019 as Arbor Day in the City of Wylie.Parks and Recreation Director Robert Diaz was present to accept the proclamation. • Presentation on Water Conservation—Keith Stephens Minutes October 22,2019 Wylie City Council Page 1 Keith Stephens, NTMWD Board Member, gave a brief presentation on Water Conservation. Stephens spoke about resources such as watermyyard.org, water4otter.org, and the districtwide Holiday Grease Roundup. 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. Constantin Ispas addressed Council with concerns regarding the poor conditions of Paul Wilson Road and the effect that NTMWD is having on the road. Bethany Sullivan addressed Council commending Council and Library staff, specifically Donna Shirley and Nina Davis, on a great building and staff. 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 October 8, 2019 Regular Meeting and October 8,2019 Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for September 30, 2019.(M. Beard, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for September 30,2019. (M. Beard, Finance Director) D. Consider, and act upon, the award of bid #W2020-18-A for Fire Department Uniforms to Galls LLC and GT Distributors in the estimated annual amount of $50,000.00, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) E. Consider, and act upon,Resolution No.2019-28(R) authorizing the City Manager of the City of Wylie to enter into an interlocal cooperative purchasing agreement between the NCTCOG Share Cooperative and the City of Wylie for the use of procurement contracts. (G. Hayes, Purchasing Manager) F. Consider, and act upon, the award of a professional services project order (PSPO) #W2020- 14-E for the Traffic Signal Installation at the intersection of Woodbridge Parkway and Hensley Lane, and widening of Hensley Lane from Woodbridge Parkway to Hooper Road to Lee Engineering, LLC, in the amount of $54,500.00 and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) G. Consider, and act upon, Ordinance No. 2019-32 updating the Capital Improvements Plan and the Water and Sanitary Sewer Impact Fees to be assessed by the City of Wylie. (T. Porter, Public Works Director) H. Consider, and act upon, the vendor application for the Wally Watkins Elementary Turkey Trot Fundraiser 5K and Fun Run to be held at Founders Park on November 28, 2019. (R. Diaz, Parks &Recreation Director) Minutes October 22, 2019 Wylie City Council Page 2 I. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of September 30, 2019. (S. Satterwhite, WEDC Director) J. Consider, and act upon, a Final Plat of Skyview Addition establishing one lot on 14.23 acres, generally located on Skyview Court approximately 300' north of N. State Highway 78 in the City of Wylie's Extraterritorial Jurisdiction (ETJ).(J. Haskins, Planning Manager) K. Consider, and act upon, Ordinance No. 2019-33 amending Ordinance No. 2019-27 (2019- 2020 Budget) in the amount of$707,687.00 for proposed budget amendments for fiscal year 2019-2020; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. (M. Beard, Finance Director) Councilman Porter requested that Consent Item G be removed from Consent and considered individually later in the meeting when Item 6 is discussed. Consensus of the Council was to remove Item G from Consent and consider individually. Council Action A motion was made by Councilman Dahl, seconded by Councilman Porter, to approve Consent Agenda Items A-F and H-K as presented. A vote was taken and motion passed 7-0. REGULAR AGENDA Tabled from 09-24-2019 Remove from table and consider Council Action A motion was made by Councilman Dahl, seconded by Councilman Duke, to remove Item 1 from the table. A vote was taken and motion passed 7-0. 1. 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 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 staff has been working with the applicant; however, there are some things that still need to be discussed. One change the applicant made is the original base zoning was Community Retail but it has been modified to Commercial Corridor (CC); however, it does not show the comparison for multifamily uses. 011ie reported the major differences are the current zoning ordinance requires a minimum lot size of 3,500 square feet and the applicant is proposing 1,495 square feet; however, the applicant's minimum dwelling size is more than what is required at 1,403 square feet versus 1,000 square feet. 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, and the minimum front setback is 20 feet and they are proposing 11 feet. 011ie stated the applicant is proposing to do a shared parking agreement, which is common in mixed-use developments.The applicant is requesting a reduction of 15% from the required parking; minimum of 790 spaces. If approved,the shared parking agreement must be signed and made part of the approval. Minutes October 22,2019 Wylie City Council Page 3 011ie stated a Landscape Plan was submitted earlier in the week and that the Agreement would need to be corrected to reflect the fact that the Landscape Plan would be submitted with Final Site Plan & Preliminary Plat and not during Building Permit process. Applicant Comments Chuck Branch, representing Daydra Management, addressed Council giving a brief presentation on The District including the renderings of the commercial, townhomes, and condo buildings, landscape plan, potential businesses, conference room, and recreation area. Council Comments Councilman Dahl asked 011ie whether, if Council is ready to approve a Concept Plan, staff is comfortable with the level of presentation. 011ie responded staff has gotten further in the process; however, there is still work that needs to be done. If this was approved as proposed, the development could not be built as proposed because of layout issues. 011ie stated one of the biggest concerns with the proposed layout is whether Council is comfortable with the 1,495-square-foot lot size. The consensus of Council was they liked the idea and the concept; however, they are concerned that items still need to be worked out and would like staff to be comfortable with what is submitted. Chuck Branch requested Council table this item. 011ie requested Council direction on what they would like to see with this development. Hogue stated he is concerned with the smaller lot size, whether or not they will be able to get utilities, and would like to see an accurate depiction of what this development is. Forrester stated what is seen on the draft and what is being said does not match, and he is comfortable with the smaller lots if the square footage of the homes is correct. Arrington, Wallis, Dahl, Porter, and Duke stated they were comfortable with the smaller lot sizes; however, they would like to see an accurate Concept Plan that will work. Council Action A motion was made by Mayor pro tent Forrester, seconded by Councilman Dahl, to table Item 1 until further consideration. A vote was taken and motion passed 7-0. Mayor Hogue recessed the Council into a break at 7:53 p.m. Mayor Hogue reconvened the Council into Regular Session at 8:00 p.m. 2. Hold a Public Hearing to consider, and act upon, an amendment to the City of Wylie Zoning Ordinance No. 2006-04, Section 5.1 (Land Use Charts) and Section 5.2 (Listed Uses) as they relate to allowed uses within the Neighborhood Services (NS) Zoning District (ZC 2019-13). (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating in August 2019 staff a work session was held to discuss Multi-Family (MF) uses in Neighborhood Services (NS). At the conclusion of that work session, staff was directed to examine the possibility of removing multi-family uses from the NS district and removing Assisted Living, Multi-Family, and Single-Family attached as allowed uses within the NS district of the Residential and Lodging Use Chart (B). Staff is recommending amendments to Sections 5.1 and 5.2 of the Zoning Ordinance, summarized as follows: • Changing the Boarding or Rooming House use from a by-right use to a required Special Use Permit (SUP) within the NS district of the Residential &Lodging Use Chart(B). • Removing the NS district from the text within Section 5.2 of Boarding or Rooming House, Multi- Family, and Single-Family attached additional provisions definitions of the Residential and Lodging Listed Uses, as those uses would no longer be allowed by right in NS district. Minutes October 22, 2019 Wylie City Council Page 4 Haskins reported the result of staff's examination indicates that changes to the allowed multi-family uses in the Neighborhood Services District should be considered because: • The NS district and its uses were established in the 2001 Village Center Zoning Ordinance (ZO). The Village Center high-density concept and related tenets were largely abandoned in the amended 2006 ZO. • The ZO contains the Community Retail zoning district that better serves the multi-family and mixed-use transition areas. • As Planning best practice, NS districts generally emphasize commercial components that focus on supporting the immediate residential area. • Generally speaking, cities surrounding Wylie do not allow multi-family uses in NS districts. • Staff mailed notifications to over 400 citizens who live near NS zoned districts, and responses indicate support is overwhelmingly in favor of an amendment removing multi-family uses from NS. Haskins stated during the public hearing at the Planning and Zoning Commission meeting, comments included a general question covering the removal of the various uses affecting the availability of those uses. At the Chair's request staff responded that the uses are still available; however, a request would no longer be by right, but would require a zoning case. The Commissioners voted to recommend approval 5- 0. Public Hearing Mayor Hogue opened the public hearing on Item 2 at 8:04 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 8:05 p.m. Council Action A motion was made by Councilman Porter, seconded by Mayor pro tem Forrester, to approve an amendment to the City of Wylie Zoning Ordinance No. 2006-04, Section 5.1 (Land Use Charts) and Section 5.2 (Listed Uses) as they relate to allowed uses within the Neighborhood Services (NS) Zoning District(ZC 2019-13). A vote was taken and motion passed 7-0. 3. Consider, and act upon, the award of Phase 1 of RFQ #W2019-92-E for an Energy Savings Performance Contract for a Comprehensive Water and Energy Efficiency Program to Johnson Controls LLC, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager; T. Porter, Public Works Director) Staff Comments Purchasing Manager Hayes addressed Council stating based on previous Council input the City proceeded to issue a Request for Qualifications (RFQ) for an Energy Savings Performance Contract (ESPC). Staff received four responses from qualified firms in which the submitted proposals were reviewed and evaluated and each firm completed an interview process. Hayes reported the general scope of the RFQ was to address the City becoming a "smart city" with a particular emphasis initially on the water efficiency programs that will look at identifying, designing, installing, and researching our existing water system, and looking at a program that would pay for itself through recoverable savings, which are guaranteed by the qualified firms. By statute, in an RFQ process the City has to determine which company is the most qualified, not decide only on the basis of lowest bid. Staff selected and is recommending Johnson Controls LLC as the most qualified to conduct Phase 1, the Investment Grade Audit. Minutes October 22, 2019 Wylie City Council Page 5 Applicant Comments Harry Romine, representing Johnson Controls LLC, gave a brief presentation to Council on the company. Council Action A motion was made by Mayor pro tens Forrester, seconded by Councilwoman Arrington, to award Phase 1 of RFQ #W2019-92-E for an Energy Savings Performance Contract for a Comprehensive Water and Energy Efficiency Program to Johnson Controls LLC, and authorizing the City Manager to execute any and all necessary documents. A vote was taken and motion passed 7-0. 4. Consider, and act upon, Ordinance No. 2019-34 amending Ordinance No. 2019-27 (2019- 2020 Budget) for proposed budget amendments for fiscal year 2019-2020; 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 a sprinkler head at the Wylie Recreation Center was broken causing water damage to the gym floor. Blackmon Mooring was called out for water mitigation immediately and TML was contacted regarding the insurance claim. The company that put in the original floor is Ponder Flooring and a quote to replace the floor is $134,674.00. TML obtained an additional quote for comparison and agreed to pay the $134,674.00 less our deductible of$5,000. Council Comments Councilman Duke asked if staff is able to do anything to prevent from happening again. Assistant City Manager Parker replied that the sprinkler heads have cages around them. Staff identified two sprinkler heads that did not have cages around them so cages would be put on those sprinkler heads. Council Action A motion was made by Councilman Dahl, seconded by Councilwoman Arrington, to approve Ordinance No. 2019-34 amending Ordinance No. 2019-27 (2019-2020 Budget) for proposed budget amendments for fiscal year 2019-2020; providing for repealing, savings and severability clauses; and providing an effective date of this ordinance. A vote was taken and motion passed 7-0. 5. Consider, and act upon, the approval of the purchase of Floor Repairs from Ponder Company Inc. in the estimated amount of $142,674.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager) Staff Comments Purchasing Manager Hayes addressed Council stating Ponder Company were the original installers of the floor and have been working closely with the remediation company and our assigned insurance adjustor. Council Action A motion was made by Councilman Dahl seconded by Councilman Porter, to approve the purchase of Floor Repairs from Ponder Company Inc. in the estimated amount of$142,674.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing, and authorizing the City Manager to execute any necessary documents. A vote was taken and motion passed 7-0. 6. Consider, and act upon, Ordinance No. 2019-35 updating the Capital Improvements Plan and Thoroughfare Impact Fees to be assessed by the City of Wylie. (T. Porter, Public Works Director) Minutes October 22,2019 Wylie City Council Page 6 Council Comments Mayor Hogue stated Council has received additional information since the last Council meeting regarding the fees. Mayor pro tem Forrester stated he did not feel there is a rush to get this done and does not question what the committee has suggested; however, he would like to go through the motions to understand this at greater depth. Councilman Porter stated it would be useful for Council to hear from the EDC and legal as it is a complex issue that may affect developments going forward. Porter stated he would like to look at both items in broader detail. Citizen Comments John McClure, representing McClure Partners, addressed Council expressing concerns with the proposed Impact Fees. Council Action A motion was made by Mayor pro tem Forrester seconded by Councilman Dahl, to deny Ordinance No. 2019-35 updating the Capital Improvements Plan and Thoroughfare Impact Fees in the amount of $914 per service unit for the west zone and $2,316.50 per service unit for the east zone as well as deny the consideration of Ordinance No. 2019-32 updating the Capital Improvements Plan and the Water and Sanitary Sewer Impact Fees to be accessed in the City of Wylie as well and send these back to the committee for further consideration (Item G). A vote was taken and motion passed 7-0. Staff requested Council take a separate vote for Item G. G. Consider, and act upon, Ordinance No. 2019-32 updating the Capital Improvements Plan and the Water and Sanitary Sewer Impact Fees to be assessed by the City of Wylie. (T. Porter, Public Works Director) Council Action A motion was made by Mayor pro tem Forrester seconded by Councilman Porter, to deny Ordinance No. 2019-32 updating the Capital Improvements Plan and the Water and Sanitary Sewer Impact Fees to be assessed by the City of Wylie. A vote was taken and motion passed 7-0. READING OF ORDINANCES City Secretary Storm read the captions to Ordinance Nos. 2019-33 and 2019-34 into the official record. ADJOURNMENT A motion was made by Councilman Duke, seconded by Councilman Porter, to adjourn the meeting at 8:37 p.m. A vote was taken and motion passed 7-0. '1 / Eric Hogue,Ala ATTEST: jkfLP 1/VOtAkli PLUAL/ Stephanie Storm, City Secretary Minutes October 22,2019 Wylie City Council Page 7