01-25-2022 (City Council) Minutes ylie City Council ' egular eeting
January 25, 2022—6:00 PM
Council Chambers-300 Country Club Road, Building#100, Wylie,Texas 75098 CITY OF
CALL TO ORDER
Mayor Matthew Porter called the regular meeting to order at 6:00 p.m. The following City Council members were
present: Councilman David R. Duke, Councilman Dave Strang, Mayor pro tern Jeff Forrester, Councilman Scott
Williams, Councilman Timothy T. Wallis, and Councilman Garrett Mize.
Staff present included: Interim City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief
Anthony Henderson; Fire Chief Brandon Blythe; Finance Director Melissa Beard; Parks and Recreation Director
Rob Diaz; Project Engineer Jenneen Elkhalid; Public Information Officer Craig Kelly; Library Director Ofilia
Barrera;Planning Manager Jasen Haskins;City Secretary Stephanie Storm,EDC Executive Director Jason Greiner;
and various support staff.
INVOCATION& PLEDGE OF ALLEGIANCE
Mayor pro tern Forrester led the invocation, and Councilman Williams led the Pledge of Allegiance.
PRESENTATIONS & RECOGNITIONS
PR!. Fire Station 2 Life Save Award.
Dispatcher Rory Strain, Squad 142 Firefighter Ben Jones, Q142 Captain Andrew Johnson, Driver Engineer Jimmy
Johnston, Firefighter Cale Wardlaw, and Firefighter Jeff Pynes were present to receive the Life Save Award.
Paramedics Plus Unit 990 EMT Brian Millstead and EMT Dustin Sanders, and Squad 142 Firefighter Richard
Hollien were not present.
PR2. Wylie Way Students(5th-12th Grade).
Mayor Porter and Mayor pro tern 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."
PR3. Proclamation for Smith Public Library Monarch Butterfly Program.
Mayor Porter presented a proclamation proclaiming commitment to the Smith Public Library Monarch Butterfly
Conservation Program. Members of the Smith Library staff and volunteers of the Garden Committee were present
to accept the proclamation.
COMMENTS ON NON-AGENDA ITEMS
Any member of the public may address Council regarding an item that is not listed on the Agenda. Members of the public must
fill out a form prior to the meeting in order to speak. Council requests that comments be limited to three minutes for an
individual, six minutes for a group. In addition, Council is not allowed to converse, deliberate or take action on any matter
presented during citizen participation.
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Keith Huyck addressed Council expressing concerns regarding the traffic on Kirby/FM 544 westbound at Highway
78,possible intersection improvements, adequate lighting at intersections, and signal concerns.
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 January 11,2022 Regular City Council Meeting minutes.
B. Consider, and act upon, authorizing the Interim City Manager to sign a Development Agreement,
between the City of Wylie, Wylie Economic Development Corp., and Wylie Industrial Court
Development LTD regarding the use of building materials for a commercial development on 1.03 acres,
property generally located at the northwest corner of State Highway 78 and Birmingham Street.
C. Consider, and act upon, Ordinance No. 2022-04 regarding a change of zoning from Commercial
Corridor(CC) to Commercial Corridor Special Use Permit(CC-SUP), to allow for a restaurant with
drive-through service on 1.03 acres, property generally located at the northwest corner of State
Highway 78 and Birmingham Street. (ZC 2021-23)
D. Consider, and act upon, Ordinance No. 2022-05 of the City of Wylie, Texas, amending Chapter 110
(Traffic and Vehicles) of Article VI. (Stopping, Standing, and Parking) of Section 110-173 (Stopping,
Standing,or Parking prohibited in certain places)of the Wylie Code of Ordinances; removing Section
110-173(a)(10)(i) regarding the prohibition of parking along certain sections of Industrial Court;
providing for repealing, savings and severability clauses; providing for an effective date of this
ordinance; and providing for the publication of the caption hereof.
E. Consider, and act upon, Ordinance No. 2022-06 regarding a change of zoning from Planned
Development - Commercial Corridor (PD-CC) to Planned Development- Multi-Family (PD-MF), to
allow for an affordable age-restricted multi-family development,property generally located adjacent
and southwest of 2300 FM 544.(ZC 2021-26)
F. Consider, and act upon, Ordinance No. 2022-07 regarding a change of zoning from Light Industrial
(LI) to Light Industrial - Special Use Permit (LI-SUP), to allow for the installation of an updated
communications tower,property located at 200 Regency Drive. (ZC 2021-25)
G. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic
Development Corporation as of November 30,2021.
H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic
Development Corporation as of December 31,2021.
1. Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for December
31, 2021.
J. Consider, and place on file,the City of Wylie Monthly Investment Report for December 31, 2021.
K. Consider, and act upon, approval of a Park Event Application for the Kids Can Help Too - Gelila
Mekonnen's Chapter organization to hold a fundraiser event at Community Park on Saturday,March
5, 2022.
L. Consider,and act upon,Ordinance No.2022-08 amending Wylie's Code of Ordinances,Ordinance No.
2021-17, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section II (Garbage, Trash
and Brush Fees), Subsection A(Residential Fee; Deposits).
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M. Consider, and act upon, Ordinance No. 2022-09 amending Ordinance No. 2021-43,which established
the budget for fiscal year 2021-2022; providing for repealing, savings and severability clauses; and
providing for an effective date of this ordinance.
N. Consider, and act upon, Ordinance No. 2022-10 amending Ordinance No. 2021-43,which established
the budget for fiscal year 2021-2022; providing for repealing, savings and severability clauses; and
providing for an effective date of this ordinance.
O. Consider, and act upon the award of bid #W2022-17-B for Rowlett Creek Site 4 Auxiliary Spillway
Slope Repairs to Infra Construction,LLC in the estimated amount of$107,472.00,and authorizing the
Interim City Manager to execute any and all necessary documents.
P. Consider, and act upon,the approval of the purchase of Uniform Apparel from ServiceWear Apparel
Inc. in the estimated annual amount of $50,000.00 through a cooperative purchasing contract with
OMNIATTCPN Region 4 Cooperative, and authorizing the Interim City Manager to execute any
necessary documents.
Mayor Porter requested Items B, C, and D be pulled from the Consent Agenda and considered individually.
Council Action
A motion was made by Mayor pro tern Forrester,seconded by Councilman Williams,to approve Items A,E through
P of the Consent Agenda as presented. A vote was taken and motion passed 7-0.
EXECUTIVE SESSION
Mayor Porter convened the Council into Executive Session at 6:38 p.m.
Sec. 551.072. DELIBERATION REGA ING 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.
ES3. Properties adjacent to McMillen Rd. between McCreary Rd. and Country Club Rd.
RECONVENE INTO OPEN SESSION
Mayor Porter reconvened the Council into Open Session at 7:12 p.m.
REGULAR AGENDA
B. Consider, and act upon, authorizing the Interim City Manager to sign a Development Agreement,
between the City of Wylie, Wylie Economic Development Corp., and Wylie Industrial Court
Development LTD regarding the use of building materials for a commercial development on 1.03 acres,
property generally located at the northwest corner of State Highway 78 and Birmingham Street.
Staff Comments
Planning Manager Haskins addressed Council stating the agreement in the agenda packet was not signed by the
land owners and staff received the signed agreement this afternoon. Items C and D are related to this item and this
item has to be considered before those two items.
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Council Action
A motion was made by Mayorpro tem Forrester,seconded by Councilman Williams,to approve Item B as amended.
A vote was taken and the motion passed 7-0.
C. Consider, and act upon, Ordinance No. 2022-04 regarding a change of zoning from Commercial
Corridor (CC) to Commercial Corridor Special Use Permit(CC-SUP), to allow for a restaurant with
drive-through service on 1.03 acres, property generally located at the northwest corner of State
Highway 78 and Birmingham Street. (ZC 2021-23)
Staff Comments
Planning Manager Haskins addressed Council stating the reason for this item being considered individually is
because Item B had to be considered first.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Williams, to approve Item C as
presented. A vote was taken and the motion passed 7-0.
D. Consider, and act upon, Ordinance No. 2022-05 of the City of Wylie, Texas, amending Chapter 110
(Traffic and Vehicles) of Article VI. (Stopping, Standing, and Parking) of Section 110-173 (Stopping,
Standing,or Parking prohibited in certain places)of the Wylie Code of Ordinances; removing Section
110-173(a)(10)(i) regarding the prohibition of parking along certain sections of Industrial Court;
providing for repealing, savings and severability clauses; providing for an effective date of this
ordinance; and providing for the publication of the caption hereof.
Staff Comments
Planning Manager Haskins addressed Council stating the City Ordinance prohibited parking on Industrial Court
and with the approval of the Zoning Ordinance, they would contradict each other so staff is proposing this specific
section be removed.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Williams, to approve Item D as
presented. A vote was taken and the motion passed 7-0.
1. Consider, and act upon, the approval of Wylie Agreement #W2022-50-I for the purchase of two (2)
Rosenbauer Commander Fire Apparatus and one (1) Utility Truck from DACO Fire Equipment in
the estimated amount of$3,153,062.00 (less conditional discounts) through a cooperative purchasing
contract with Houston Galveston Area Council (HGAC), and authorizing the Interim City Manager
to execute any necessary documents.
Council Action
A motion was made by Councilman Strang, seconded by Councilman Williams, to approve Item 1 as presented. A
vote was taken and the motion passed 7-0.
2. Consider,and act upon,approval of three(3)independent private attorneys recommended by the City
Attorney in accordance with Ordinance No. 2022-01, Section 8(F).
Staff Comments
Assistant City Manager 011ie addressed Council stating the City Attorney presented five individuals that have
Municipal Law experience for consideration.
Council Action
A motion was made by Mayor pro tern Forrester,seconded by Councilman Strang,to approve three(3)independent
private attorneys (1. Paige Mims, 2. Andy Messer, and 3. Diane Weatherby)recommended by the City Attorney in
accordance with Ordinance No. 2022-01, Section 8(F). A vote was taken and the motion passed 7-0.
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3. Consider, and act upon,Resolution No. 2022-02(R) authorizing the Interim City Manager to execute
an Interlocal Cooperation Agreement between the City of Wylie, Texas and North Texas Municipal
Water District (NTM I) concerning the of right-of-way for Eubanks Lane from SH 78 to the
NTMWD entrance and easement for water transmission pipeline for F.M. 2514 pipeline relocations.
Staff Comments
Garrett Murphree,representing North Texas Municipal Water District,addressed Council stating he was present for
questions. Interim City Manager Parker stated the City and North Texas Municipal Water District (NTMWD)
entered into an Interlocal Cooperation Agreement regarding the design, repair, reconstruction, improvement, and
maintenance of Eubanks Lane from SH 78 to the entrance of the NTMWD site on Eubanks Lane. In order to begin
construction, the City seeks the donation of four parcels from the NTMWD for right-of-way acquisition. In return,
the NTMWD asks that the City convey easement rights to a tract near Ballard Avenue through park land already
encumbered by a NTMWD easement.For the TxDOT reconstruction of Parker Road/Ballard Avenue,the NTMWD
must relocate an existing main through this easement area. This ILA Agreement outlines this conveyance "swap"
at no cost to either party.
Council Action
A motion was made by Councilman Strang, seconded by Councilman Williams, to approve Item 3 as presented. A
vote was taken and the motion passed 7-0.
4. Present, and place on file,the Wylie Economic Development Corporation 2021 Annual Report.
Staff Comments
EDC Executive Director Greiner addressed Council giving a 2021 Annual Report addressing total available
resources, total expenses, performance agreements, real estate, 2021 valuations, high impact initiatives, and 2021
goals and objectives. Greiner did state a few small changes were made since the posting of the agenda packet.
Council commended EDC staff and board members for all of the hard work they put forth.
Council Action
A motion was made by Mayor pro tern Forrester,seconded by Councilman Duke,to accept as amended. A vote was
taken and the motion passed 7-0.
5. Consider, and act upon, acceptance of the Annual Comprehensive Financial Report (ACFR) for FY
2020-21 following a presentation by the audit firm Weaver, LLP.
Staff Comments
Finance Director Beard addressed Council stating the City Charter requires that at the end of the fiscal year an
independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City
Charter, our outside auditor, Weaver LLP has performed an audit as of September 30, 2021. Interim Fieldwork for
the audit began the week of September 20 and the final fieldwork was performed November 15 through December
17. This is the second year for the audit to be performed by Weaver after their selection to continue as the City's
independent auditors following an RFP process completed in 2020. The 2021 audit is the fourteenth year in a row
for Weaver to perform our audit. Three RFP processes have been completed in that 14-year time period, audit
partners have been rotated and audit managers and staff have changed frequently.
John DeBurro, representing Weaver, addressed Council giving a presentation on the introduction of Weaver, the
audit process, the audit results, required communications, financial highlights, and discussion. Weaver issued an
unmodified opinion on the Independent Auditor's Report on the financial statements; no material weaknesses were
noted regarding the Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance
and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing
Standards; and issued an unmodified opinion and no findings noted for the Independent Auditor's Report on
Compliance for Each Major Program and Report on Internal Control Over Compliance in Accordance with Uniform
Guidance.
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Council Action
A motion was made by Councilman Williams, seconded by Councilman Strang, to approve Item 5 as presented. A
vote was taken and the motion passed 7-0.
Mayor Porter recessed the Council into a break at 7:56 p.m.
Mayor Porter reconvened the Council into Regular Session at 8:08 p.m.
WO' SESSION
Mayor Porter convened the Council into Work Session at 8:08 p.m.
WS1. Discuss a potential change of zoning from Agricultural District to Planned Development - Single
Family to allow for residential development on property, generally located on Country Club Road
approximately 2000' south of Parker Road.
John Arnold, representing Skorburg Company, addressed Council giving a presentation regarding: the company
background, projects in Wylie, property location, proposed zoning and concept, park dedication including park
improvements and Monroe Lake, water service and CCN exchange, and secondary access.
Council comments and questions included variances being requested; maintenance costs associated with Lake;
concerns with small lot sizes; square footage of homes;traffic and safety concerns; like the park,entrance too close
to school entrance, larger commercial area along frontage of Country Club Road; concerns with drop off and pick
up at the nearby schools; like the green space; flood plain; connecting trails to Wylie trails instead, or in addition
to, City of Parker; occupancy at Smith Elementary; CCN; actual Lake usage; more accessibility to Lake if the City
is to maintain; and secondary access.
RECONVENE INTO REGULAR SESSION
Mayor Porter reconvened the Council into Regular Session at 9:00 p.m.
EXECUTIVE SESSION
Mayor Porter convened the Council into Executive Session at 9:00 p.m.
Sec. 551.072. DELIBE' • TION REG• ' I ING 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.
ES1. Consider the sale or acquisition of real property generally located near Country Club Road and Brown
Street.
ES2. Consider the sale or acquisition of properties located at Ballar• rown, Brown/Eubanks, FM
544/Cooper, State Hwy 78/Ballard, State Hwy 78/Birmingham, and State Hwy 78/Brown.
Sec. 551.087. DELIBERATION REGA' I ING 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
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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).
ES4. Deliberation regarding commercial or financial information that the WEDC has received from a
business prospect and to discuss the offer of incentives for Projects: 2017-10a,2020-1 lb,2021-2d,2021-
4a, 2021-4b, 2021-5d, 2021-6a, 2021-6c, 2021-7a, 2021-8a, 2021-9b, 2021-9d, 2021-9e, 2021-9f, 2021-
11a, and 2021-12a.
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.
ES5. Discuss the performance of the Interim City Manager.
RECONVENE INTO OPEN SESSION
Mayor Porter reconvened the Council into Open Session at 11:28 p.m.
READING OF 0' 1 INANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Storm read the captions to Ordinance Nos. 2022-04,2022-05,2022-06, 2022-07,2022-08,2022-09,
and 2022-10 into the official record.
ADJOU' ENT
A motion was made by Councilman Strang, seconded by Councilman Duke, to adjourn the meeting at 11:32 p.m.
A vote was taken and motion passed 7-0.
/
Matthew Porter,May r
ATTEST:
Stephanie Storm, City Secretary \
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