10-27-2020 (City Council) Minutes 1 aAQ
f l Wylie City Council
CITY OF
WYLIE
Minutes
Regular Meeting
October 27,2020—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 6:06 p.m. The following City Council members were
present: Mayor pro tem Jeff Forrester, Councilman David R. Duke, Councilman Matthew Porter,
Councilwoman Candy Arrington, and Councilman Timothy T.Wallis. Councilman David Dahl was absent.
Staff present included: City Manager Chris Hoisted; Assistant City Manager Brent Parker; Assistant City
Manager Renae 011ie; Police Chief Anthony Henderson; Fire Chief Brandon Blythe; Public Information
Officer Craig Kelly; Finance Director Melissa Beard; Parks and Recreation Director Rob Diaz; Planning
Manager Jasen Haskins; Project Engineer Wes Lawson; WEDC Executive Director Jason Greiner; Municipal
Court Supervisor Lisa Davis; City Secretary Stephanie Storm,and various support staff.
INVOCATION& PLEDGE OF ALLEGIANCE
Mayor Hogue led the invocation and City Manager Hoisted led the Pledge of Allegiance.
PRESENTATIONS
• Presentations to Mayor Hogue and Councilman Dahl.
City Manager Hoisted stated Councilman Dahl was unable to attend this evening. Hoisted recognized Mayor
Hogue for his combined 23 years of service while serving on the Construction Code Board, Planning and
Zoning Commission, City Council, and Mayor. Mayor Hogue is the 45th Mayor and is currently the longest
serving Mayor with 12 years of service.Assistant City Manager Parker,Councilwoman Candy Arrington,and
Mayorpro tern Forrester shared stories,memories,and thanked Hogue for his service to the City.Mayor Hogue
expressed his thanks to his biggest supporter,his wife Tammy.
• Wylie Way Students.
Mayor Hogue 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."
• Recognition of Municipal Court Judge Terry Douglas.
Municipal Court Supervisor Davis and Police Chief Henderson recognized Judge Douglas for his over 25 years
of service to the City. Judge Douglas was presented gifts from the Municipal Court and Police Departments.
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Wylie City Council
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• Proclamation for Municipal Court Week—November 2-6.
Mayor Hogue presented a proclamation proclaiming November 2-6 as Municipal Court Week in Wylie,Texas.
Representatives from Municipal Court were present to accept the proclamation.
• Proclamation for Arbor Day.
Mayor Hogue presented a proclamation proclaiming November 6 as Arbor Day in Wylie, Texas. Rob Diaz,
Parks and Recreation Director,was present to accept the proclamation.
• Proclamation for Hunger and Homelessness Week—November 14-22.
Mayor Hogue presented a proclamation proclaiming November 14-22 as Hunger and Homelessness Week in
Wylie, Texas. Representatives from First Baptist Wylie, St. Vincent de Paul Society, Team Up to Fight
Hunger, Wylie Christian Care Center,Amazing Grace Food Pantry, 5 Loaves Food Pantry, Wylie ISD,New
Hope Christian Church,and City of Wylie were present to accept the proclamation.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
There were no citizens present wishing to address Council.
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 13,2020 Regular Meeting and Work
Session of the Wylie City Council. (S. Storm, City Secretary)
B. Consider,and act upon,an amended plat for Lot 1,Block A Wylie Junior High School Addition,
to establish fire lane, access, and utility easements for one lot on 44.889 acres,located at 950 and
1050 Park Boulevard. (J. Haskins, Planning Manager)
C. Consider,and act upon,a preliminary plat for Stone 2514 Addition,to create one commercial lot
on 1.275 acres,located at 7940 E. Parker Road. (J. Haskins, Planning Manager)
D. Consider, and act upon, a final plat for Stone 2514 Addition, to establish one commercial lot on
1.275 acres, located at 7940 E. Parker Road.(J. Haskins, Planning Manager)
E. Consider, and act upon, a preliminary plat for R.V. Groves Elementary School Addition, to
create one lot on 10.343 acres,located at 1100 McCreary Road. (J. Haskins, Planning Manager)
F. Consider,and act upon,a final plat for R.V.Groves Elementary School Addition,to establish one
lot on 10.343 acres, located at 1100 McCreary Road. (J. Haskins, Planning Manager)
G. Consider,and act upon,Ordinance No.2020-54 for a change of zoning from Agricultural District
(AG/30) to Planned Development (PD), amending Planned Development 2017-31, to allow for a
single-family residential development on 15.88 acres, generally located on Sachse Road
approximately 1700' south of Dominion Drive. (ZC2020-10). (J.Haskins, Planning Manager)
H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of September 30, 2020. (J. Greiner, {VEDC Director)
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Wylie City Council
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I. Consider, and act upon, an agreement authorizing the appointment of Art Maldonado as
Municipal Court Judge for the City of Wylie effective November 1, 2020, setting terms and
stipend of service. (M. Beard, Finance Director)
J. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for
September 30, 2020.(M. Beard, Finance Director)
K. Consider,and place on file,the City of Wylie Monthly Investment Report for September 30,2020.
(M.Beard, Finance Director)
Council Action
A motion was made by Councilman Duke, seconded by Councilman Porter, to approve the Consent Agenda
as presented. A vote was taken and motion passed 6-0 with Councilman Dahl absent.
REGULAR AGENDA
Tabled from 10-13-2020
Council Action
A motion was made by Councilman Porter, seconded by Mayor pro tem Forrester,to remove Item 1 from
table. A vote was taken and motion passed 6-0 with Councilman Dahl absent.
1. Hold a Public Hearing, consider, and act upon, a change of zoning from Agricultural District
(AG/30) to Agricultural District Special Use Permit (AG/30-SUP), to allow for development
conditions of an existing Waste Water Treatment Plant on 50.322 acres,generally located on the
' northwest corner of Pleasant Valley Road and Elm Grove Road. (ZC2020-12) (J Haskins,'
Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating Council tabled this request at the October 13, 2020
meeting, citing concerns of tree preservation and the berm height. The Special Use Permit (SUP) conditions
have been revised to preserve hundreds of trees, especially large cedar elms, and increase the height of the
berm.
The revised SUP conditions allow the NTMWD to conduct further development of the site while preserving
or mitigating all trees of 12"caliper or larger on the 19.3 acres of undeveloped area and requires the NTMWD
to provide a 150-foot landscaped buffer.
Applicant Comments
Tony Sosebee,representing Huitt-Zollars,Inc.and NTMWD,gave a short presentation regarding the proposed
zoning change giving project history, showing an aerial map, identifying SUP conditions, showing the
rezoning exhibit plan, photos of the landscape berm and tree plantings, schematic of future landscape berm
and tree preservation zone,and reviewing noise and odor control measures.
Mayor pro tern Forrester and Councilman Porter commended NTMWD staff and board members with taking
the feedback received by Council at the October 13 meeting and working with City staff.
Public Hearing
Mayor Hogue opened the public hearing on Item 1 at 7:14 p.m. asking anyone present wishing to address
' Council to come forward.
No one came forward for the public hearing.
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Wylie City Council
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Mayor Hogue closed the public hearing at 7:14 p.m.
Council Action
A motion was made by Mayor pro tem Forrester,seconded by Councilwoman Arrington,to approve a change
of zoning from Agricultural District (AG/30) to Agricultural District Special Use Permit (AG/30-SUP), to
allow for development conditions of an existing Waste Water Treatment Plant on 50.322 acres, generally
located on the northwest corner of Pleasant Valley Road and Elm Grove Road(ZC2020-12).A vote was taken
and motion passed 6-0 with Councilman Dahl absent.
2. Consider,and act upon,authorizing the City Manager to sign a Development Agreement between
the City of Wylie and Keles Group Inc. regarding the use of building materials for property
generally located at the northeast corner of Park Boulevard and Country Club Road.
(J. Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating the applicant has requested to enter into a Development
Agreement with the City of Wylie.The proposed Development Agreement,signed by the applicant,states that
the developer will voluntarily abide by the building materials standards of the City of Wylie Zoning Ordinance.
A separate zoning request for this proposed development,that addresses general development standards,is on
this agenda for consideration.Approval of this authorization is not an approval of any requested zoning change.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve authorizing the
City Manager to sign a Development Agreement between the City of Wylie and Keles Group Inc. regarding
the use of building materials for property generally located at the northeast corner of Park Boulevard and
Country Club Road. A vote was taken and motion passed 6-0 with Councilman Dahl absent.
3. Hold a Public Hearing,consider, and act upon, a change of zoning from Neighborhood Services
District (NS) to Neighborhood Services District Special Use Permit (NS-SUP), to allow for a
Convenience Store use on 0.95 acres,generally located on the northeast corner of Park Boulevard
and Country Club Road. (ZC2020-11) (J. Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council staring the applicant is requesting to rezone 1.056 acres located
on the northeast corner of Country Club Road and Park Boulevard to Neighborhood Services (NS) with a
Special Use Permit (SUP). The property is currently zoned Neighborhood Services. The reason for the
requested rezoning to NS-SUP is to allow for the development of a convenience store with fueling stations on
the corner of Country Club and McMillan. Haskins reported in February 2020 the property owner applied for
a similar zoning change and City Council denied that zoning request with a vote of 6-1.
Haskins stated the applicant has made modifications to that request and presented a new zoning case. The
differences include: the initial request was to rezone the entire corner strip of 3.873 acres from Neighborhood
Services to Community Retail.This request is for NS-SUP on the 1.0 acre'hard corner' only,and the updated
zoning exhibit eliminates the drive thru restaurant that was previously attached to the convenience store. In
keeping with the previous request,the applicant is proposing the sale of beer and wine within the convenience
store. The property sits within 300 feet of Dodd Elementary School and such sales are currently prohibited;
however, the applicant is proposing a dedication of 450 square feet of land to Dodd Park, increasing the
distance to the legally required distance of 300 feet from Dodd Elementary.
Haskins reported five notifications were mailed; with one response received in opposition and none in favor
of the request. At the Planning and Zoning Commission meeting after some discussion regarding the 111
modification to the request from the previous request,the Commission voted 5-1 to recommend approval.The
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Wylie City Council
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dissenting Commissioner cited the general proximity to the park, daycare, schools, and churches as a reason
for the vote.
The letter received in opposition speaks about the adjacent property being a private school; however,by State
Law it is a daycare not a private school.Another issue raised is that State law also allows for municipalities to
regulate,by ordinance,a 300 feet distance from Daycare Uses;however,the City of Wylie does not have such
an ordinance.
Public Hearing
Mayor Hogue opened the public hearing on Item 3 at 7:20 p.m. asking anyone present wishing to address
Council to come forward.
No one came forward for the public hearing.
Mayor Hogue closed the public hearing at 7:21 p.m.
Applicant Comments
Bill Thomas, representing Engineering Concepts &Designs, LP, addressed Council stating previously when
they came forward they were asking for Commercial Retail (CR) zoning because that was required for the
drive-thru proposed at that time, but that was the only reason for CR zoning. Thomas reported the owner is
interested in developing office and medical office type uses to the northeast,and is less interested in developing
a retail strip center.Thomas stated,in response to the opposition form from the daycare owner,that the daycare
property was bought from the applicant.The daycare owner and this property owner entered into an agreement
regarding the shared access drive and was informed about the plans for a future convenience store.
Council Action
A motion was made by Councilman Wallis,seconded by Councilman Duke,to deny a change of zoning from
Neighborhood Services District (NS) to Neighborhood Services District Special Use Permit (NS-SUP), to
allow for a convenience store with a motor fueling station on 1.056 acres, generally located on the northeast
corner of Park Boulevard and Country Club Road(ZC2020-I 1).A vote was taken and motion passed 4-2 with
Mayor Hogue and Mayor pro tern Forrester voting against, and Councilman Dahl absent.
4. Hold a Public Hearing, consider, and act upon, a change of zoning from Agricultural District
(AG/30) to Townhouse District(TH),to allow for single-family attached residential development
on 1.83 acres,generally located at the southwest corner of Brown Street and WA Allen Boulevard.
(ZC2020-09)(J. Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating the applicant is requesting to withdraw the item from
consideration. Haskins reported 23 notifications were mailed; with one response received in opposition and
none in favor of the zoning request.At the Planning and Zoning Commission meeting after two citizens spoke
regarding visibility and drainage, the Commissioners voted 6-0 to recommend acceptance of the withdrawal
request.
Public Hearing
Mayor Hogue opened the public hearing on Item 4 at 7:29 p.m. asking anyone present wishing to address
Council to come forward.
No one came forward for the public hearing.
Mayor Hogue closed the public hearing at 7:30 p.m.
Minutes October 27,2020
Wylie City Council
Page 5
Council Action
A motion was made by Mayor pro tern Forrester,seconded by Councilman Porter,to accept the withdrawal of
Item 4.A vote was taken and motion passed 6-0 with Councilman Dahl absent. 111
Mayor Hogue convened the Council into Executive Session at 7:31 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 m 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.
§551.087—Discussmg certain economic development matters.
§551.073—Discussmg prospective gift or donation to the City.
§551.076—Discussing deployment of security personnel or devices or secunty 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).
• Deliberation regarding commercial or financial information that the WEDC has received from
a business prospect and to discuss the offer of incentives for Projects 2018-9b,2019-3a,2020-7a,
and 2020-9a.
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.
• Consider the sale or acquisition of properties located at: State Highway 78 & Alanis; State
Highway 78&Ballard; State Highway 78&Birmingham; State Highway 78&Brown; Regency
&Steel.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue convened the Council into Open Session at 8:20 p.m.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to authorize Wylie EDC to
enter into a Performance Agreement with Project 2019-3a in an amount not to exceed $33,000. A vote was
taken and motion passed 6-0 with Councilman Dahl absent.
1
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Wylie City Council
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READING OF ORDINANCES
I
City Secretary Storm read the captions to Ordinance No. 2020-54 into the official record.
ADJOURNMENT
A motion was made by Mayor Hogue,seconded by Councilman Porter,to adjourn the meeting at 8:22 p.m. A
vote was taken and motion passed 6-0 with Councilman Dahl absent.
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Minutes October 27,2020
Wylie City Council
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