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06-13-2023 (City Council) Agenda Packet P a g e | 1 Wylie City Council Regular Meeting June 13, 2023 – 6:00 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CALL TO ORDER INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS & RECOGNITIONS PR1. Junior Mayor - Aubri Heverly. PR2. Recognition of Detective Chris Meehan for the Attorney General's Special Commendation Award. PR3. Recognition of Chuck Flesch and his many years of service organizing the Wylie Veterans Memorial Salute to Heroes. 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. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council a nd 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 Ag enda and will be considered separately. A. Consider, and act upon, approval of the May 30, 2023 Regular City Council Meeting minutes. B. Consider, and act upon, Ordinance No. 2023-23 regarding an Amendment to the City of Wylie Zoning Ordinance, Articles 5.1 Land Use Charts, 5.2 Listed Uses, 7.0 General Development Regulations, as they relate to Smoke Shops, Smoking Establishments and Alcohol uses (ZC 2023-07). C. Consider, and act upon, the approval of a request for substantial renovation to construct an addition to an existing residential structure, located at 409 N. Ballard within the Downtown Historic District. D. Consider, and act upon, Ordinance No. 2023-24 amending Ordinance No. 2022-56, which established the budget for fiscal year 2022-2023; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. E. Consider, and act upon, Ordinance No. 2023-25 amending Ordinance No. 2022-56, which established the budget for fiscal year 2022-2023; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. 1 P a g e | 2 REGULAR AGENDA 1. Consider, and act upon, appointments to fill the Board of Review vacancies for a term to begin July 1, 2023 and end June 30, 2025. 2. Consider, and act upon, the recommendations of the 2023 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Historic Review Commission, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2023 and end June 30, 2025/26. WORK SESSION WS1. North Texas Municipal Water District (NTMWD) to provide an overview of the District to new council members and discuss current and future projects. WS2. Discuss FY 2023-2024 General Fund Budget. RECONVENE INTO REGULAR SESSION EXECUTIVE SESSION 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. ES1. Discuss property located in the general area of E. Farm to Market Road 544 and Sanden Blvd. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13 -D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on June 9, 2023 at 5:00 p.m. on the outside bulletin board at Wylie City Hall, 300 Country Club Road, Building 100, Wylie, Texas, a place convenient and readily accessible to the public at all times. ___________________________ ___________________________ Stephanie Storm, City Secretary Date Notice Removed 2 P a g e | 3 The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary’s Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. 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 in 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 – Discussing certain economic development matters. § 551.073 – Discussing prospective gift or donation to the City. § 551.076 – Discussing deployment of security personnel or devices or security audit. 3 Wylie City Council AGENDA REPORT Department: City Secretary Account Code: Prepared By: Stephanie Storm Subject Consider, and act upon, approval of the May 30, 2023 Regular City Council Meeting minutes. Recommendation Motion to approve the Item as presented. Discussion The minutes are attached for your consideration. 4 06/13/2023 Item A. Page | 1 Wylie City Council Regular Meeting Minutes May 30, 2023 – 6:00 PM Council Chambers - 300 Country Club Road, Building #100, Wylie, Texas 75098 CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:01 p.m. The following City Council members were present: Junior Mayor Jace Williams, Councilman David R. Duke, Councilman Dave Strang (6:45), Mayor pro tem Jeff Forrester, Councilman Scott Williams, Councilman Sid Hoover, and Councilman Gino Mulliqi. Staff present included: City Manager Brent Parker; Deputy City Manager Renae Ollie; Assistant City Manager Lety Yanez; Fire Chief Brandon Blythe; Police Chief Anthony Henderson; Finance Director Me lissa Brown; Public Information Officer Craig Kelly; City Secretary Stephanie Storm; Parks and Recreation Director Carmen Powlen; Purchasing Manager Glenna Hayes; City Engineer Tim Porter; Engineering Project Manager Jenneen Elkhalid; Community Services Director Jasen Haskins; Fire Marshal Cory Claborn; Library Director Ofilia Barrera; Public Works Director Tommy Weir; Wylie Economic Development Executive Director Jason Greiner; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor pro tem Forrester led the invocation, and Junior Mayor Jace Williams led the Pledge of Allegiance. PRESENTATIONS & RECOGNITIONS PR1. Presentation of appreciation to outgoing Councilmember Timothy "Toby" Wallis. Mayor Porter and the Wylie City Council presented outgoing Councilmember Timothy “Toby” Wallis with a plaque of appreciation for his dedication and support to the City of Wylie during his tenure as Councilmember Place 5. Councilman Strang took his seat at the dais at 6:45 p.m. PR2. Shining the Wylie Way Students Term 4: Grades Kinder - 12th. Mayor Porter and WISD School Board President Stacie Smith presented medallions to students demonstrating “Shining the Wylie Way.” Every nine weeks one student from each WISD campus is chosen as the “Wylie Way Student.” PR3. Wylie East Lady Raider Soccer Team. Mayor Porter recognized the Wylie East Lady Raider Soccer Team for an amazing season. PR4. Military Appreciation Month. Mayor Porter presented a proclamation proclaiming May 2023 as Military Appreciation Month in Wylie, Texas. Members of the American Legion Post 315, Council members, and staff were present to accept the Proclamation. 5 06/13/2023 Item A. Page | 2 PR5. Asian Americans and Pacific Islanders Month. Mayor Porter recognized May 2023 as Asian Americans and Pacific Islanders Month in Wylie, Texas. PR6. Junior Mayor Jace A. Williams. Mayor Porter introduced Junior Mayor Jace Williams, administered the oath of office, and presented a proclamation for “Mayor of the Day.” Mayor Porter recessed the Council into a break at 6:51 p.m. Mayor Porter reconvened the Council into Regular Session at 7:00 p.m. 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 co nverse, deliberate or take action on any matter presented during citizen participation. There were no persons present wishing to address the 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 Ag enda and will be considered separately. A. Consider, and act upon, approval of the May 9, 2023 Regular City Council Meeting minutes. B. Consider, and act upon, the City of Wylie Monthly Revenue and Expenditure Report for April 30, 2023. C. Consider, and place on file, the City of Wylie Monthly Investment Report for April 30, 2023. D. Consider, and act upon, approving the updated bylaws for the Library Advisory Board. E. Consider, and act upon, a Preliminary Plat of Lots 1-2, Block A of Stealth BTS Addition, establishing two Light Industrial lots on 14.030 acres, located at 2200 W. Alanis Drive. F. Consider, and act upon, approval of the Non-Profit Park Event Application from Wylie Independent School District (WISD) Council of PTAs representative Becky Welch, to hold the “Back the Future” event at Olde City Park on Saturday, September 23, 2023, from 5:00 p.m. to 7:00 p.m. G. Consider, and act upon, approval of the Non-Profit Park Event Application from Connection Point Church, representative Megan Williams, to hold the “Run for the Fatherless 5K and Fun Run” event at Founders Park on Saturday, November 18, 2023, from 8:00 a.m. to 12:00 p.m. H. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of April 30, 2023. I. Consider, and act upon, the approval of the purchase of NeoGov Human Resources Software from Carasoft Technology Corporation in the estimated annual amount of $52,220.17 through a cooperative contract with Omnia Partners, and authorizing the City Manager to execute any and all necessary documents. 6 06/13/2023 Item A. Page | 3 J. Consider, and act upon, the award of bid #W2023-64-B for Ballard Ave. 1.5MG Elevated Storage Tank to Landmark Structures I, LP in the amount of $8,188,400.00, and authorizing the City Manager to execute any and all necessary documents. K. Consider, and act upon, the award of bid #W2023-51-B for the construction of the Wylie Dog Park to RLM Earth Company in the amount of $817,147.13, and authorizing the City Manager to execute any and all necessary documents. L. Consider, and act upon, Ordinance No. 2023-20 amending Ordinance No. 2022-56, which established the budget for fiscal year 2022-2023; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. M. Consider, and act upon, authorizing the City Manager to execute a Memor andum of Understanding (MOU) between the City of Wylie, the City of Sachse, and the City of Murphy to continue the regional trail system that begins in Richardson at Breckenridge Park. Council Action A motion was made by Councilman Mulliqi, seconded by Councilman Williams, to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Consider, and act upon, Ordinance No. 2023-21 amending Ordinance No. 2022-56, which established the budget for fiscal year 2022-2023; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Staff Comments Finance Director Brown addressed Council stating the amendment before Council is a budget-neutral amendment for the Taste of Wylie proceeds just to show the receipt of the revenue and the expense for the donation to the food pantries. Council Comments Mayor Porter confirmed the budget amendment is for $7,513.27 and that is for the ticket and t -shirt sales for the event, but there were additional sponsorships for a final total of $23,880 which will be presented tonight to the local food pantries. Mayor Porter and Mayor pro tem Forrester thanked all the volunteers and City staff who put this event on. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Williams, to approve Item 1 as presented. A vote was taken and the motion passed 7-0. Members and volunteers from Hope for the Cities, Five Loaves Food Pantry, Amazing Grace Food Pantry, W ylie Christian Care Center, Wylie EDC, and the City of Wylie were present to accept the donation. 2. Interview applicants for Board of Review vacancies for a term to begin July 1, 2023 and end June 30, 2025. Council Comments The Council interviewed the following individuals: William Crowe, James Koch, Mary Nitschke, and Navin Kumar Thirukottiyur Vijayakumar. Applicants not present included: Kevin Hughes and Joe Webb. 7 06/13/2023 Item A. Page | 4 Council Action There was no action taken on this Item. 3. Hold a Public Hearing, consider, and act upon, the writing of an Ordinance to amend the City of Wylie Zoning Ordinance, Articles 5.1 Land Use Charts, 5.2 Listed Uses, 7.0 General Development Regulations, as they relate to Smoke Shops, Smoking Establishments and Alcohol uses. Staff Comments Community Services Director Haskins addressed Council stating in February this year the Planning and Zoning Commission (Commission) held a work session to discuss smoke shops, smoking establishments, and alcohol uses. We have had several uses including distilleries and breweries approved recently through special use permits (SUP), and have received several requests, phone calls, and questions at the staff level about smoking establishments such as cigar and hookah lounges, and the prevalence of smoke shops or vape cigarette type shops. The Commission requested staff to draft an Ordinance amending the Zoning Ordinance. The Commission voted 7 -0 to recommend the Ordinance that is before you. This Ordinance is to establish smoke shops, smoking establish ments, wineries, breweries, and distilleries as uses within the City. Currently, smoke shops are considered general retail so they are allowed anywhere by right and this Ordinance proposes to make them SUPs within LI and CC districts. Currently, a smoking establishment can only open if a restaurant is created and it contains a smoking section due to laws passed by Council several years ago. Wineries, breweries, and distilleries are allowed by right and defined by Texas state law; however, when these items have come before Council the applicant sometimes has an additional use, such as a food truck park or event center; therefore, staff is recommending that these uses are allowed by right in certain areas and SUPs are required when there are additional uses. Currently, in the Zoning Ordinance the alcohol requirements are the same but are located under individual uses in four to five different sections; therefore, to avoid any confusion or clerical errors, staff consolidated all the sections into one section and did establish a formal procedure for variance requests to the distance requirements. Council Comments Mayor pro tem Forrester clarified Smoke Shops (29.b(1)) references that a SUP is required in a CC district but does not state it is required in an LI district. Haskins replied that was a clerical error as it was added to the table above but 29.b(1) should be removed as everywhere they are allowed it requires a SUP so it is not an additional provision. Forrester asked if the same would be true with Smoking Establishments (30.b(1)) where it says that a SUP shall be required in all permitted districts except LI districts. Haskins replied the Commission is recommending that a smoking establishment, such as a cigar or hookah lounge, be allowed by right in LI di stricts, but the other areas would require a SUP. Councilman Mulliqi requested staff explain the variance that was approved for the distillery and make that a permanent requirement. Haskins replied at the time that the distillery went in, there was a churc h in the strip mall, which was within 300 feet. The church was contacted, as well as anyone within 200 feet, and they did not have an issue with it; therefore, a variance came before Council and was approved which is allowed by state law. Mulliqi asked the way the proposed Ordinance is written, would those variances still come before Council. Haskins replied in compliance with state law it would still come before Council but are just officially adding a procedure; however, one proposed change is staff would not notify property owners within 200 feet but would reach out to anyone subject to the exception such as schools, daycares, and/or churches. Public Hearing Mayor Porter opened the public hearing on Item 3 at 7:39 p.m. asking anyone present wishing to address Council to come forward. No person was present wishing to address the Council. Mayor Porter closed the public hearing at 7:39 p.m. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Strang, to direct staff to prepare an ordinance approving the zoning change requested and bring it back for final consideration at a subsequent meeting with the following change: strike section 29.b(1). A vote was taken and the motion passed 7-0. 8 06/13/2023 Item A. Page | 5 4. Tabled from 04-11-2023 Remove from table and consider Council Action A motion was made by Councilman Mulliqi, seconded by Councilman Duke, to remove Item 4 from the table to consider. A vote was taken and the motion passed 7-0. Consider, and act upon, amendments to the Bylaws of the Wylie Economic Development Corporation. Staff Comments City Manager Parker addressed the Council stating on April 11th Jason Greiner and members of the EDC presented bylaw changes. There were some questions from the Council regarding if the EDC staff are employees of the City. There have been discussions with the City Attorney’s Office and Mr. Greiner and that question is not clear as the City Charter or state law does not authorize Council’s authority so the recommendation would be to identify, with the City Attorney, the desire of Council regarding the WEDC board of directors. Council could choose to take no action on this item or could table it for three additional meetings to allow for a discussion between Council, the City Attorney, and the WEDC board to define the desired path forward. Council Comments Mayor pro tem Forrester stated regarding the questions about the employment status of EDC, after the discussions between the City Manager and the City Attorney’s Office, and researching the foundation of the EDC, it is a corporation that was founded apart from the City but has oversight from the City to select board members. Forrester added the EDC is its own organization and he was satisfied with the changes to the bylaws that were brought before Council by the EDC Board. Mayor Porter replied he agreed with Mayor pro tem Forrester, where the Council does not have direct authority to get involved it does not need to get involved, and the best course of action is to follow it as written and follow the process that has been working. Porter stated there were some concerns from the Council about ethics or term limits but those are things that the board has to self-impose as the Council does not have the authority to enforce those changes, and can only approve or disapprove changes to the bylaws. Porter requested the EDC board be open to putting some of those things into place, especially an ethics component. Councilman Mulliqi stated he did think it is necessary to establish a protocol on the EDC’s role and responsibility as it would be helpful to the citizens, and added Council should give clear direction to Jason and the EDC on the things Council would like to see implemented. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Strang, to table Item 4 until the June 27, 2023, City Council meeting. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, Ordinance No. 2023-22 to disannex approximately 4,000 acres of Lavon Lake and surrounding land, situated in the W. W. Bell Survey, Abs A0037; M. I. Geminez Survey, Abs A0338; William Johnson Survey, Abs A0476; John D Kirby Survey, Abs A0515; Madison Walker Survey, Abs A1022; Alex Russell Survey, Abs A0736; B. M. Carr Survey, Abs A0175; James King Survey, Abs A0508; and Thomas Chambers Survey, Abs A1049, Collin County, Texas. Staff Comments Deputy City Manager Ollie addressed Council stating in March Council held a work session with Mr. Joe Helmberger with Kimley-Horn, who represents Princeton, to review the area which is the northern peninsula of Lake Lavon. The area is owned by the Corps of Engineers and is roughly 4,000 acres of unimproved and nontaxable area of which 80 percent is water and 20 percent is land. It does not fall within Wylie’s CCN, and the City provides no services including sewer or water. The City of Princeton paid for the survey, and our GIS department reviewed it. The proposed Ordinance is to disannex that area and if it is approved Princeton will immediately start working on annexing it. 9 06/13/2023 Item A. Page | 6 Council Action A motion was made by Councilman Strang, seconded by Councilman Duke, to approve Item 5 as presented. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, the recommendation to reject all bids for W2023-50-B East Meadow Trail Splash Pad and Community Park Splash Pad. Staff Comments Purchasing Manager Hayes addressed Council stating the City put out a competitive sealed bid for this particular project, which included two different locations for the splash pads. The City only received one bid. Staff did reach out to vendors that had been invited to bid to find out why they did not submit bids. The feedback included the project was too small, the project was too big, and/or they wanted their own manufactured equipment. The City’s design firm went through the one bid that was received and it was over budget for both of the projects by about $36,000 with none of the alternates, which is where the parking was. The department has reviewed all of this information and the staff’s recommendation is to reject this bid as it does not represent a fair and reasonable cost or in the City's best financial interest to proceed with this. The department is working on plans to move f orward with the projects in a different fashion, and rejecting this bid does not kill this project. Council Comments Mayor Porter asked what is staff’s plan instead of accepting a bid and how this affects the project timeline. Assistant Parks and Recreation Director Stowers replied it will push back the timeline a little bit as construction of a splash pad is about 270 calendar days; however, vendors do not think it will take that long. The new plan would be to let Parks and Recreation take this project as their own. Porter confirmed it would still open in the summer of 2024. Councilman Williams asked with the Parks and Recreation Department taking on this project could the City get some of the options at a lower or no cost to the citizens. Stowers replied they have found significant differences so far, anticipate saving money, and hopefully get some of the alternates. Councilman Mulliqi clarified Parks and Recreation will manage the entire project. Stowers confirmed that was correct; there would be potentially three different vendors for this project. Porter confirmed staff is comfortable with handling and managing the project. Stowers replied staff is very comfortable and does a similar process for playgrounds. Council Action A motion was made by Councilman Mulliqi, seconded by Councilman Williams, to approve Item 6 as presented. A vote was taken and the motion passed 7-0. WORK SESSION Mayor Porter recessed the Council into a break at 8:04 p.m. Mayor Porter reconvened the Council into Work Session at 8:14 p.m. WS1. Discuss a potential change of zoning from Neighborhood Services to Planned Development (PD-Mixed Use) on approximately 14.24 acres, generally located on the southeast corner of Country Club Road and Park Boulevard. Mayor Porter stated the applicant requested this work session not be held this evening as they were not ready for it. WS2. Discuss Ethiopian Sports Federation in North America Soccer Tournament. City Manager Parker addressed Council stating staff has been working with the soccer federation to plan for the July 2nd-8th tournament. The staff has put together a cost for the City's portion of that event with the total for staffing at about $171,406. This event was not budgeted in the FY 2023 budget and we cannot absorb that amount of money in the current budget; therefore, staff is requesting direction from Council as to how to move forward, whether it be a budget amendment or use of fund balance. Parker stated the Mayor has been in discussions with the soccer federation and he was not sure where the $100,000 donation that the City is providing them from the hotel- 10 06/13/2023 Item A. Page | 7 motel tax fund is being spent or if that is an option. Parker added Chief Blythe and Chief Henderson put together a staffing matrix which is the same matrix used for WISD events held at the stadium. Abi Norling, representing the Ethiopian Sports Federation in North America, was present to answer questions from the Council. Questions and comments from Council included what time is the event allowed to be on the property, what are the hours for the opening ceremony, could the beer garden be removed from consideration, are the numbers provided the worst case scenario, create an atmosphere of safety, where does the City come up with the funds, $100,000 from hotel motel go towards these costs which would result in an estimated shortfall of $71,000, is the soccer federation okay with the $100,000 going towards the staffing expenses, did the soccer federation budget for police and fire, clarification on security cost, do vendors have to pull permits and health inspections, how many teams are expected, is the amount budgeted by the soccer federation based on previous events, what type of transportation will be used, if the beer garden was removed what impact would that have on the cost , are there guidelines on amounts or best practices of use of hotel motel funds, how many hotel rooms are booked by the organization, is there a way the organization can cover the $71,000 difference, what was the cost for the previous college stadium renta l, look at what the soccer federation has available to cover the shortfall so that it does not come from the City, and what is the normal procedure for paying for staffing on events, would like to see the event move forward, and it will be a good event for the City to host. The consensus of the Council was to cover the City cost from the hotel-motel tax fund. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Regular Session at 9:04 p.m. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 9:04 p.m. 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. ES1. Consider the sale or acquisition of properties located at Ballard/Brown, Brown/Eubanks, FM 544/Cooper, FM 544/Sanden, FM 1378/Parker, Jackson/Oak, Regency/Steel, State Hwy 78/Ballard, and State Hwy 78/Brown. 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 economi c development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). ES2. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2017-6a, 2021-5a, 2021-6a, 2021- 6c, 2021-8a, 2021-9b, 2021-9f, 2022-1c, 2022-7b, 2023-1a, 2023-2d, 2023-3b, 2023-4c, and 2023-5a. 11 06/13/2023 Item A. Page | 8 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter convened the Council into Open Session at 9:42 p.m. Council Action A motion was made by Councilman Strang, seconded by Councilman Duke, to authorize the WEDC to enter into a performance agreement with Project 2021-9b in an amount not to exceed $450,000. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13 -D. City Secretary Storm read the caption to Ordinance Nos. 2023-20, 2023-21, and 2023-22 into the official record. ADJOURNMENT A motion was made by Councilman Strang, seconded by Councilman Williams, to adjourn the meeting at 9:46 p.m. A vote was taken and the motion passed 7-0. ______________________________ Matthew Porter, Mayor ATTEST: ______________________________ Stephanie Storm, City Secretary 12 06/13/2023 Item A. Wylie City Council AGENDA REPORT Department: Planning Account Code: Prepared By: Jasen Haskins, AICP Subject Consider, and act upon, Ordinance No. 2023-23 regarding an Amendment to the City of Wylie Zoning Ordinance, Articles 5.1 Land Use Charts, 5.2 Listed Uses, 7.0 General Development Regulations, as they relate to Smoke Shops, Smoking Establishments, and Alcohol uses (ZC 2023-07). Recommendation Motion to approve the Item as presented. Discussion On May 30, 2023 the City Council approved the writing of a City Ordinance to amend the City of Wylie Zoning Ordinance, Articles 5.1 Land Use Charts, 5.2 Listed Uses, 7.0 General Development Regulations, as they relate to Smoke Shops, Smoking Establishments, and Alcohol uses. In that approval the Council included the amendment that 29.b.(1) be removed from the Zoning Ordinance as the Smoke Shop Use shall require a Special Use Permit in all districts, not just Commercial Corridor (CC). That amendment is included in the final version presented here. The adoption of the attached Ordinance makes the appropriate amendments; and provides a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. 13 06/13/2023 Item B. Ordinance No. 2023-23 Taste of Wylie Budget Amendment Page 1 of 2 ORDINANCE NO. 2023-23 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2006-04 OF THE CITY OF WYLIE (THE ZONING ORDINANCE, AS AMENDED), ARTICLE 5, USE REGULATIONS AND ARTICLE 7, GENERAL DEVELOPMENT REGULATIONS; AMENDING CERTAIN REGULATIONS RELATING TO CREATE AND DEFINE SMOKE SHOP, SMOKING ESTABLISHMENT, BREWERY, DISTILLERY, AND WINERY USES, UNIFY ALCOHOL RELATED REQUIREMENTS IN THE ZONING ORDINANCE, AND PROVIDE AN APPEAL PROCESS FROM DISTANCE REQUIREMENTS; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas (“City Council”) has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas (“Wylie”) to amend Article 5, Use Regulations and Article 7, General Development Regulations, of Ordinance No. 2006-04, the Zoning Ordinance, as amended, to amend regulations relating to Smoke Shops, Smoking Establishments, Breweries, Distilleries, Wineries, and Alcohol related requirements; and WHEREAS, the City Council finds that this Ordinance contains textual amendments to the Zoning Ordinance that do not change zoning district boundaries, and therefore, written notice to individual property owners is not legally required; and WHEREAS, the City Council finds that all legal notices required for amending the Zoning Ordinance have been given in the manner and form set forth by law, public hearings have been held on the proposed amendments and all other requirements of notice have been fulfilled; and WHEREAS, the City Council finds that it is in the best interests of Wylie and its citizens to amend the Zoning Ordinance as set forth below, and that such amendments are in furtherance of the health, safety, morals and general welfare of the Wylie community and the safe, orderly and healthful development of Wylie. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Article 5, Use Regulations and Article 7, General Development Regulations of Wylie’s Zoning Ordinance, Ordinance No. 2006-04, are hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference for all purposes. SECTION 3: The Zoning Ordinance, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. 14 06/13/2023 Item B. Ordinance No. 2023-23 Taste of Wylie Budget Amendment Page 2 of 2 SECTION 4: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding Two Thousand Dollars ($2,000.00). A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas , this 13th day of June, 2023. ________________________________ Matthew Porter, Mayor ATTEST: __________________________ Stephanie Storm, City Secretary DATE OF PUBLICATION: June 21, 2023, in the Wylie News 15 06/13/2023 Item B. ZONING ORDINANCE EXHIBIT A Permitted Uses Residential Districts Non-Residential Districts Parking Low Density High Density Commercial Industrial Mixed-Use F.Retail, Personal Service &Commercial Cont. AG/ 30 SF- ED SF- 20/ 26 SF- 10/ 24 TH MF MH NS CR CC BG L I H I DT H SB O 29.Smoke Shop S S 1 per 300 sq ft 30.Smoking Establishment S S P S S 1 per 150 sq ft 31.Brewery, Winery, Distillery P*P*P*P*P* 1 per 500 sq ft P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required 29.Smoke Shop a.Definition:A retail establishment engaged in the sale of smoking and vaping products and/or paraphernalia for the consumption of smoking related products.These products include,but are not limited to;Cigarettes,cigars,e-cigarettes,pipes,hookahs,bongs, tobacco,vape cartridges,and chewing tobacco.A business shall be classified as being within this use if more than 25%of the floor space,including displays and aisles,is based on the retail sale of the aforementioned products. b.Additional Provisions: (1)No smoke shop shall be established within 1,500 feet of another smoke shop. (2)Shall not be closer than 300 feet to a public or private school measured in direct line from property line to property line,and in direct lines across intersections. 30.Smoking Establishment a.Definition:An establishment that primarily caters to the on-site consumption of tobacco,such as a cigar or hookah lounge. b.Additional Provisions: (1)A Special Use Permit shall be required in all permitted districts except LI Districts. ARTICLE 5:USE REGULATIONS 70 16 06/13/2023 Item B. ZONING ORDINANCE (2)No smoking establishment shall be within 500 feet of another smoking establishment. (3)Shall not be closer than 300 feet to a public or private school measured in direct line from property line to property line,and in direct lines across intersections. 31.Brewery,Winery,Distillery a.Definition:An establishment that primarily caters to the on-site manufacturing of alcoholic beverages in accordance with the Texas Alcohol Beverage Code for Breweries, Brewpubs,Distillers,and Wineries. b.Additional Provisions: (1)The General Provisions listed in Section 7.10 shall apply. (2)A Special Use Permit shall be required when there are additional uses on the property.Those accessory uses can include but are not limited to;events center, food truck park,restaurant without drive-thru service,and commercial entertainment. ARTICLE 5:USE REGULATIONS 71 17 06/13/2023 Item B. ZONING ORDINANCE 19.Restaurant with Drive-in or Drive-through Service a.Definition:Restaurant with drive-in or drive through service means (1)A restaurant with drive-in service is an establishment principally for the sale and consumption of food where food service is provided to customers in motor vehicles for consumption on the premises. (2)A restaurant with drive-through service is an establishment principally for the sale and consumption of food which has direct window service allowing customers in motor vehicles to pick up food for off-premises consumption.This use applies for the pick-up of delivery service and /or customer pre-orders of food for off-premises consumption. b.Additional Provisions: (1)The minimum stacking space for the first vehicle stop for a commercial drive-through shall be a minimum of 100-feet,and a minimum of 40-feet thereafter,for any other stops. (2)CR District:Drive through and stacking area shall not be located adjacent to residential uses. (3)The General Provisions listed in Section 7.10 shall apply. 20.Restaurant without Drive-in or Drive-through Service a.Definition:Restaurant without drive-in or drive through service means an establishment principally for the sale and consumption of food on the premises. b.Additional Provisions:The General Provisions listed in Section 7.10 shall apply 23.Beer &Wine Package Sales. a.Definition:An establishment,including but not limited to General Merchandise or Food Store of any size or Motor Vehicle Fueling Station,engaged in the selling of beer and/or wine to the general public for off-site personal or household consumption and rendering services incidental to the sale of such goods. b.Additional Provisions:The General Provisions listed in Section 7.10 shall apply. ARTICLE 5:USE REGULATIONS 72 18 06/13/2023 Item B. ZONING ORDINANCE SECTION 7.10 ALCOHOL PROVISIONS A.General Provisions:The sale of alcohol shall be subject to compliance with the Texas Alcoholic Beverage Code,as it exists or may be amended,and to the following development criteria: 1.Establishments are only permitted to sell alcohol by right if the subject property was located within the City limits as of May 13,2006.For property annexed into the City after May 13,2006,an establishment that sells alcohol must obtain a permit for a Private Club from the Texas Alcoholic Beverage Commission for the ability to sell alcohol. 2.An establishment that sells alcohol shall not be located closer than 300 feet to a church and/or public hospital measured along the property lines of the street fronts from front door to front door,and in direct lines across intersections. 3.An establishment that sells alcohol shall not be located closer than 300 feet to a public or private school measured in a direct line from property line to property line,and in direct lines across intersections. 4.The distance between an establishment that sells alcohol and a private school can be increased to 1,000 feet if the City Council receives a request from the governing body of the private school to do so. 5.Establishments that derive more than 75%of their revenue from the sale of alcohol are only permitted by specific use permit. 6.In the BG District restaurant Use must be incorporated into the Civic Center facility and owned,managed,operated,or contracted through,in whole or in part by a governmental agency. B.Appeal of distance requirements:As allowed under Chapter 109 of the Texas Alcoholic Beverage Code the City Council may allow variances to the regulation if it is determined that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other resources,creates an undue hardship on an applicant for a license or permit,does not serve its intended purpose,is not effective or necessary,or for any other reason the City Council,after consideration of the health,safety,and welfare of the public and the equities of the situation,determines is in the best interest of the community. 1.The property owner shall request the variance,in writing,to the City Planner and provide any additional information that may be required. 2.A fee shall be required equal to the fee of a commercial request for a variance to the Zoning Board of Adjustments. 3.The City Planner shall notify the owner of the property subject to the distance requirement,according to current year County tax rolls,and cause notification to be published in the newspaper of record a time and place of the City Council meeting in which the request for the distance variance will be considered.The notifications shall occur at least 10 days prior to the City Council meeting. ARTICLE 7:GENERAL DEVELOPMENT REGULATIONS 164 19 06/13/2023 Item B. Wylie City Council AGENDA REPORT Department: Planning Account Code: Prepared By: Renae’ Ollie Subject Consider, and act upon, the approval of a request for substantial renovation to construct an addition to an existing residential structure, located at 409 N. Ballard within the Downtown Historic District. Recommendation Motion to approve the Item as presented. Discussion Owner: Isom Revocable Trust Applicant: Mark and Kari Isom The property owners propose to construct an attached workshop/garage to the rear of their single-family dwelling. According to Collin County Appraisal District records, the house was built in 1993 with a footprint of approximately 2,300 sf, which includes an attached garage and covered porches. The property is zoned for residential and/or commercial uses within the Downtown Historic District. The plans indicate the addition will be to the rear (west) of the house. The 399-sf workshop/garage will be connected to the existing garage by a gabled roof. The new exterior materials and paint will match the existing structure. The owner desires to begin work in June 2023 with a completion in August 2023. HRC Discussion The Commission voted 5-0 to recommend approval. 20 06/13/2023 Item C. 21 06/13/2023 Item C. 22 06/13/2023 Item C. 23 06/13/2023 Item C. 24 06/13/2023 Item C. 25 06/13/2023 Item C. Wylie City Council AGENDA REPORT Department: Finance Account Code: See Exhibit A Prepared By: Melissa Brown Subject Consider, and act upon, Ordinance No. 2023-24 amending Ordinance No. 2022-56, which established the budget for fiscal year 2022-2023; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve the Item as presented. Discussion The purpose of this budget amendment is to transfer $25,000 from the City Secretary Elections account to the General Fund Combined Services Special Services account to fund up to $25,000 of fireworks on July 2, 2023. In addition, the City would like to purchase two solar panel message boards for special events. Each message board is $24,000 and will be purchased using Hotel Occupancy Tax. In addition, there is $52,400 in various building related projects that we would like to complete this fiscal year. The funding for these projects will be transferred from IT into the Facilities budget to enable them to begin the work. This is a budget neutral amendment for the General Fund. The Hotel Occupancy Tax fund balance will decrease $48,000 and the expenditures will increase by the same amount. 26 06/13/2023 Item D. Ordinance No. 2023-24 Budget Amendment for Fireworks, Solar Boards, and Facilities Page 1 of 2 ORDINANCE NO. 2023-24 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2022-56, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2022- 2023; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2022-56 setting forth the Budget for Fiscal Year 2022-2023 beginning October 1, 2022, and ending September 30, 2023; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2022-2023 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2022-2023 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2023-24, are completely adopted and approved as amendments to the said FY 2022-2023 Budget. SECTION II: All portions of the existing FY 2022-2023 Budget and Ordinance No. 2022-56, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, 27 06/13/2023 Item D. Ordinance No. 2023-24 Budget Amendment for Fireworks, Solar Boards, and Facilities Page 2 of 2 nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of June, 2023. _____________________________________ Matthew Porter, Mayor ATTEST: ______________________________ Stephanie Storm, City Secretary 28 06/13/2023 Item D. Budget Amendment Exhibit A Fireworks, Solar Panels and Facilities Fund Department Account Number Account Description Debit Credit 100 5113 56070 Elections 25,000.00 100 5181 56040 Special Services 25,000.00 100 5155 54810 Computer Hard/Software Maintenance 54,200.00 100 5132 54910 Buildings 54,200.00 Total General Fund 79,200.00 79,200.00 161 5651 58850 Major Tools and Equipment (48,000.00)(-  ) Total Hotel Occupancy Tax Fund (48,000.00)(-  ) 29 06/13/2023 Item D. Wylie City Council AGENDA REPORT Department: Finance Account Code: See Exhibit A Prepared By: Melissa Brown Subject Consider, and act upon, Ordinance No. 2023-25 amending Ordinance No. 2022-56, which established the budget for fiscal year 2022-2023; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation Motion to approve the Item as presented. Discussion The purpose of this budget amendment is to transfer $171,450 from the Hotel Occupancy Tax Fund to the General Fund and the Utility Fund to fund the expenses related to the Ethiopian Soccer League Tournament to be held in Wylie. The funds will cover overtime for Police, Fire, Parks, and Public Works as well as supplies and rental of some needed equipment. Any amount not used will be transferred back to the Hotel Occupancy Tax Fund. The Hotel Occupancy Tax fund balance will decrease $171,450. The General Fund and Utility Fund will be budget neutral because of the revenue transfers from the Hotel Occupancy Tax Fund. 30 06/13/2023 Item E. Ordinance No. 2023-25 Budget Amendment for ESFNA Soccer Tournament Page 1 of 2 ORDINANCE NO. 2023-25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2022-56, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2022- 2023; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2022-56 setting forth the Budget for Fiscal Year 2022-2023 beginning October 1, 2022, and ending September 30, 2023; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations to determine if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; see Exhibit A; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2022-2023 Budget; see Exhibit A, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY 2022-2023 Budget of the City of Wylie; Exhibit A, as heretofore adopted by Ordinance No. 2023-25, are completely adopted and approved as amendments to the said FY 2022-2023 Budget. SECTION II: All portions of the existing FY 2022-2023 Budget and Ordinance No. 2022-56, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any p enalty accruing or to accrue, 31 06/13/2023 Item E. Ordinance No. 2023-25 Budget Amendment for ESFNA Soccer Tournament Page 2 of 2 nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 13th day of June, 2023. _____________________________________ Matthew Porter, Mayor ATTEST: ______________________________ Stephanie Storm, City Secretary 32 06/13/2023 Item E. Budget Amendment Exhibit A Ethiopian Soccer League Tournament Fund Department Account Number Account Description Debit Credit 161 5651 59111 Transfer to General Fund 170,450.00 161 5651 59611 Transfer to Utility Fund 1,000.00 Total Hotel Occupancy Fund 171,450.00 0.00 100 4000 49131 Transfer from Special Revenue 170,450.00 100 5211 51130 Overtime 112,680.00 100 5511 51130 Overtime 6,550.00 100 5511 52210 Janitorial Supplies 2,500.00 100 5511 52610 Recreational Supplies 1,000.00 100 5231 51130 Overtime 34,150.00 100 5231 52130 Tools & Equipment 500.00 100 5231 56180 Rental 7,970.00 100 5241 51130 Overtime 3,600.00 100 5411 51130 Overtime 1,500.00 Total General Fund 170,450.00 170,450.00 611 4000 49131 Transfer from Special Revenue (1,000.00) 611 5714 51130 Overtime (1,000.00) (-  ) Total Utility Fund (1,000.00) (1,000.00) 33 06/13/2023 Item E. Wylie City Council AGENDA REPORT Department: City Manager Account Code: Prepared By: City Secretary Subject Consider, and act upon, appointments to fill the Board of Review vacancies for a term to begin July 1, 2023 and end June 30, 2025. Recommendation Motion to approve, _________________ and _________________, and alternates _________________ and ______________ for the Board of Review vacancies for a term to begin July 1, 2023 and end June 30, 2025. Discussion Per Ordinance No. 2022-01, prospective Board of Review applicants will be interviewed by the entire City Council. Applicants: William Crowe Kevin Hughes (recommended for Replacement 1 to Historic Review Commission) James Koch Mary Nitschke Navin Kumar Thirukottiyur Vijayakumar Joe Webb (recommended for Animal Shelter Advisory Board) 34 06/13/2023 Item 1. 35 06/13/2023 Item 1. Board of Review Application Personal Information First Name* Last Name* Kevin Hughes Residency You must be a Wylie resident to serve on this board. Wylie resident* Yes No Length of Residency Years* Months* 3 11 Voter Status Registered Voter*Voter Registration County* Yes No Collin Employment Information Occupation Retail Manager Work experience that may be beneficial to the board you are applying for. Board/Commission Service Currently serve on a board/commission Yes No Why you would like to serve as a Board of Review member: Important to be involved in the decisions that affect the city in which I live. 36 06/13/2023 Item 1. 37 06/13/2023 Item 1. 38 06/13/2023 Item 1. 39 06/13/2023 Item 1. 40 06/13/2023 Item 1. 41 06/13/2023 Item 1. 42 06/13/2023 Item 1. 43 06/13/2023 Item 1. 44 06/13/2023 Item 1. 45 06/13/2023 Item 1. 46 06/13/2023 Item 1. 47 06/13/2023 Item 1. 48 06/13/2023 Item 1. 49 06/13/2023 Item 1. 50 06/13/2023 Item 1. 51 06/13/2023 Item 1. 52 06/13/2023 Item 1. 53 06/13/2023 Item 1. Wylie City Council AGENDA REPORT Department: City Secretary Account Code: Prepared By: City Secretary Subject Consider, and act upon, the recommendations of the 2023 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Historic Review Commission, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2023 and end June 30, 2025/26. Recommendation Motion to approve the recommendations as presented. Discussion Article 8, Section 1A of the City Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendations to the City Council. The City Council has prescribed the purpose, composition, function, duties, accountability, and the tenure of each board, commission, and committee. An interview panel, consisting of three council members, conducted interviews of all applicants. All applicants wer e contacted to schedule an informal meeting, in open session with the Boards and Commission Council Interview Panel. Council members appointed by the Wylie City Council for 2023 are Mayor pro tem Jeff Forrester, Chair; Councilman David R. Duke, and Councilman Dave Strang. The Panel met with applicants on Wednesday, May 31, 2023 and Thursday, June 1, 2023 to conduct interviews and deliberate their choices to recommend to the full council. The 2023 Boards and Commission Council Interview Panel have attached their recommendations for Council consideration and action. In addition to the applicant positions recommended, the panel has recommended replacements should a vacancy occur for some of the positions. Vacant positions during the year will be filled with current applicants as those vacancies occur. 54 06/13/2023 Item 2. 2023 Interview Panel Final Recommendations PLACE NAME SEEKING RE- APPOINTMENT APPLICANT AWARDED POSITION ANIMAL SHELTER ADVISORY BOARD 4 Amber Porter Y Amber Porter 6 New Position Laurie Black 7 New Position Joe Webb CONSTRUCTION CODE BOARD 4 Lowell Davis N Bryan Rogers 5 James Byrne N James Byrne 6 Brian Ortiz Y Brian Ortiz 7 Bruce Moilan Y Bruce Moilan Alt. 2 Michael Innella N Justin Grayczyk HISTORIC REVIEW COMMISSION 1 Kali Patton Y Kali Patton 2 Krisleigh Hoermann Y Krisleigh Hoermann 3 Sandra Stone Y Sandra Stone 7 Joe Chandler N - Termed Stephen Burkett R1 Kevin Hughes R2 Bob Ollry LIBRARY BOARD 1 Kristina Jones N Roberta Schaafsma 2 Kristin Botsford N Monica Munoz 3 Carla McCullough N Zachary Todd 4 Rosalynn Davis N - Termed Irene Chavira 5 (1 yr. term)Juan Azcarate N - Termed Brian Ortiz PARKS & RECREATION BOARD 1 Brian Willeford N Scott Hevel 3 Randall Zabojnik N Brian Arnold 5 Gloria Suarez Y Gloria Suarez R1 Justin Grayczyk R2 Krisleigh Hoermann PARKS & RECREATION 4B BOARD 1 Scott Williams 55 06/13/2023 Item 2. 2023 Interview Panel Final Recommendations PLACE NAME SEEKING RE- APPOINTMENT APPLICANT AWARDED POSITION 2 David R. Duke 3 (1 yr. term)Toby Wallis N 5 (1 yr. term)Brian Willeford N Auston Foster 6 (1 yr. term)Emmett Jones N - Termed Whitney McDougall 7 Scott Hevel Y Scott Hevel PLANNING & ZONING COMMISSION 2 Joshua Butler Y Joshua Butler 3 Jacques Loraine III Y Jacques Loraine III 6 Bryan Rogers N - Termed Joe Chandler R1 Zeb Black R2 Charles Thomas PUBLIC ARTS ADVISORY BOARD 1 Esther Bellah Y Esther Bellah 2 Minerva Bediako N - Termed Cassie Dyson 3 John Treadwell Y John Treadwell 6 (1 yr. term)Christina Null N Gloria Suarez R1 Irene Chavira R2 Brian Arnold WYLIE ECONOMIC DEVELOPMENT BOARD 2 (2 yr. term)Gino Mulliqi N Whitney McDougall 5 Aaron Jameson Y Aaron Jameson ZONING BOARD OF ADJUSTMENTS 1 Aaron Lovelace Y Aaron Lovelace 3 Sharon Osisanya N Jennifer Greiser Alt. 1 (1 yr. term)Jennifer Grieser Y Hamza Fraz Alt. 2 John Perdomo N Michael Innella 56 06/13/2023 Item 2. RESOLUTION NO. 2006-17(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS ADOPTING PROCEDURES FOR THE WYLIE BOARDS AND COMMISSION INTERVIEW PROCESS AND THE APPOINTMENT OF THE 2006-07 BOARDS AND COMMISSION INTERVIEW PANEL. WHEREAS, the City of Wylie has nine boards and commissions comprised of a total of 54 members serving staggered two year terms; and WHEREAS, each year the City of Wylie receives applications from residents for consideration of appointment to City of Wylie Boards and Commissions; and WHEREAS, applicants for the board and commission members are interviewed by a Selection Panel consisting of three council members; and WHEREAS, it has been deemed that guidelines be set for the Selection Panel, the application process, the interview process, and the appointment process of the City of Wylie Boards and Commissions. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City Council of the City of Wylie will appoint a three (3) member Selection Panel each year comprised of three (3) Council Members. SECTION 2: That applications and scheduling of applicants to be interviewed by the Selection Panel will be completed by the City Secretary and provided to the City Council. SECTION 3: That the interview process will be held in the City of Wylie Council Chambers and notifications of the interview dates will be posted for the public to attend. SECTION 4: That City Council can provide a series of questions to the Selection Panel for the applicants to address during their interview. SECTION 5: Recommendations by the Selection Panel will be made in open session and the recommendations will be presented to Council for discussion and approval. Resolution No. 2006-17(R) Boards and Commission Interview Process 57 06/13/2023 Item 2. DULY PASSED AND APPROVED by the Wylie City Council on this 23 rd day of May 2006. John ATTEST: Resolution No. 2006-l 7(R) Boards and Commission Interview Process 58 06/13/2023 Item 2. Wylie City Council AGENDA REPORT Department: City Manager Account Code: Prepared By: Brent Parker Subject North Texas Municipal Water District (NTMWD) to provide an overview of the District to new council members and discuss current and future projects. Recommendation N/A Discussion A work session with the NTMWD to provide an overview of the District to new council members and discuss current and future projects. 59 06/13/2023 Item WS1. Regional Service Through Unity Meeting our Region’s Needs Today and Tomorrow June 13, 2023 Jenna Covington, NTMWD Executive Director and General Manager Wylie City Council Briefing 60 06/13/2023 Item WS1. Overview •Who We Are •Overview of Services •Key Regional Projects •Projects Supporting Wylie •Water Supply Planning •Strategic Financial Plans •Wrap-up and Questions 2 61 06/13/2023 Item WS1. Allen l Farmersville l Forney l Frisco l Garland l McKinney l Mesquite Plano l Princeton l Richardson l Rockwall l Royse City l Wylie “We decided we were all in this together. We couldn’t do it separately.” ~ from Gift of Water, Legacy of Service: A History of North Texas Municipal Water District 1951 Created by Texas Legislature to Provide Water Service 1956 Began Providing Treated WATER to Member Cities 1970s Expanded to WASTEWATER Services 1980s Expanded to SOLID WASTE Service 13 MEMBER CITIES 3 62 06/13/2023 Item WS1. OUR VISION Regional Service Through Unity: Meeting Our Region’s Needs Today And Tomorrow OUR MISSION Provide high quality and dependable water, wastewater and solid waste services in a cost- efficient manner OUR GOALS SERVICE Provide superior water, wastewater and solid waste services today and tomorrow STEWARDSHIP Responsibly manage public resources to ensure responsiveness, effectiveness and efficiency PARTNERSHIP Actively collaborate with members, customers, partners, employees and stakeholders PEOPLE Build a talented, competent and committed team OUR CORE VAULES INTEGRITY We are honest, transparent and accountable for what we say and do. TRUST We are relied on to serve our customers’ best in interest. RESPECT We treat others fairly and with courtesy and kindness. UNITY We do what’s best for our region –all-in together! SAFETY We look out for each other to prevent accidents and protect public health and environment. TEAMWORK We cooperate and collaborate to meet our region’s needs. 4 63 06/13/2023 Item WS1. BY THE NUMBERS 2+ MILLION POPULATION SERVED 2,220 SQAURE MILES SERVED WATER SERVICES WASTEWATER SERVICES SOLID WASTE SERVICES MAJOR RAW & TREATED WATER PUMPS STATIONS WATER TREATMENT PLANTS 946 MGD CAPACITY (MILLIONS GALLONS/DAY) WATER TRANSMISSION PIPELINES 20 7 695+ MILES LARGE-DIAMETER WASTEWATER PIPELINES WASTEWATER TREAMENT PLANTS WASTEWATER TREATMENT CAPACITY MGD (MILLION GALLONS/DAY) TONS/ YEAR ACCEPTED AT LANDFILL 237+ MILES 13 163+ MGD 3 1M (MILLION) TRANSFER STATIONS PERMITTED TO PROCCESS UP TO 3,370 TONS OF SOLID WASTE A DAY UP TO 3,370 TONS OF SOLID WASTE PER DAY 5 64 06/13/2023 Item WS1. ACCOMPLISHMENTS AND RECOGNITION TWUA RB Batchelor Safety Award Texas Water 2023 Ops Challenge First Place: Process Control, Laboratory, Maintenance, Safety, and Collection Systems Watermark Awards for Communication Excellence: First Place for Stems Clinic 6 65 06/13/2023 Item WS1. WATER ESSENTIAL FOR ECONOMIC GROWTH State Farm -Richardson General Dynamics –Mesquite PGA –Frisco Gateway Oaks–Forney Del Webb Trinity Falls –McKinney Dominion of Pleasant Valley -Wylie 66 06/13/2023 Item WS1. FOCUSED ON SERVING A GROWING REGION NTMWD Total Population Served: Historical and Projected Year 1956 1974 1994 2015 2025 2040 2060 2080 Population Served 32,000 200,000 800,000 1.6 M 2.2 M 3 M 4 M 4.5 M City 1950 1960 1970 1980 1990 2000 2010 2020 Allen ---659 1,940 8,314 18,309 43,554 84,246 104,627 Farmersville 1,955 2,021 2,311 2,360 2,640 3,118 3,301 4,160 Forney 1,425 1,544 1,745 2,483 4,070 5,588 14,661 23,455 Frisco 736 1,184 1,845 3,420 6,138 33,714 116,989 200,509 Garland 10,291 38,501 81,437 138,857 180,635 215,768 226,876 246,018 McKinney 10,560 13,763 15,193 16,249 21,283 54,369 131,117 195,308 Mesquite 1,684 27,526 55,131 67,053 101,484 124,523 139,824 150,108 Plano 2,115 3,695 17,872 72,331 127,885 222,030 259,841 285,494 Princeton 540 594 1,105 3,408 2,321 3,477 6,807 17,027 Richardson 1,289 16,810 48,405 72,496 74,840 91,802 99,223 119,469 Rockwall 1,501 2,166 3,121 5,939 10,486 17,976 37,490 47,251 Royse City 1,266 1,274 1,535 1,566 2,206 2,957 9,349 13,508 Wylie 1,295 1,804 2,675 3,152 8,716 15,132 41,427 57,526 8 67 06/13/2023 Item WS1. Overview •Who We Are •Overview of Services •Key Regional Projects •Projects Supporting Wylie •Water Supply Planning •Strategic Financial Plans •Wrap-up and Questions 9 Billy George, PE Deputy Director -Water and Wastewater 68 06/13/2023 Item WS1. WATER SERVICES •Existing Water Supply Sources •Wylie Water Treatment Plant -Wylie WTP I 70 MGD -Wylie WTP II 280 MGD -Wylie WTP III 280 MGD -Wylie WTP IV 210 MGD TOTAL 840 MGD •Leonard Water Treatment Plant 70 MGD •Bonham Water Treatment Plant 6 MGD •Tawakoni Water Treatment Plant 30 MGD TOTAL PERMITTED CAPACITY 946 MGD -Lavon Lake -Bois d’Arc Lake -Lake Texoma -Lake Tawakoni -Jim Chapman Lake -Reuse/Wetland (East Fork and Main Stem) 10 69 06/13/2023 Item WS1. WASTEWATER TREATMENT SYSTEMS •Regional Wastewater System -Wilson Creek WWTP 64.00 MGD -South Mesquite WWTP 33.00 MGD -Rowlett Creek WWTP 24.00 MGD -Floyd Branch WWTP 4.75 MGD TOTAL 125.75 MGD •Sewer System Plants -Number of Sewer System Plants in Operation: 9 -Total Sewer System Capacity: 34 MGD -Each plant is separate independent system and contracts •Total Wastewater Treatment Capacity: 159.45 MGD 11 70 06/13/2023 Item WS1. SOLID WASTE SYSTEM Entities Served: Allen, Frisco, McKinney, Plano, Richardson & the Surrounding Region Transfer Stations: 3 Transfer Station Throughput: 3,370 tons/day Landfill:121 Regional Disposal Facility (Melissa) •Site Capacity –134,800,000 cubic yards •Permitted Area –673 acres •Permitted Fill Area –433 acres •Approximate Site Life –38 years •Waste acceptance –3,800 tons/day 12 71 06/13/2023 Item WS1. KEY PROJECTS –BOIS D’ARC LAKE/LEONARD WTP Bois d’Arc Lake First major reservoir constructed in Texas in over 30 years Construction began May 2018 Dedication in October 2022 Leonard Water Treatment Plant Phase I (70 MGD) completed Water delivery began March 2023 Phase II (70 MGD) to begin construction by end of year Ultimate capacity 280 MGD 13 72 06/13/2023 Item WS1. KEY PROJECTS –SISTER GROVE RWRRF Planned Water Resource Recovery Facility to meet growing regional treatment capacity needs Located on 1,000 acres near the FM 2933 and CR 336 intersection –north of New Hope NTMWD received TCEQ permit in April 2020 $460 million low-interest (0.155%) funding from TWDB; Will save approx. $160 million for NTMWD and ratepayers Expected completion 2025 14 73 06/13/2023 Item WS1. KEY PROJECTS Master planning efforts prioritizing improvements at major facilities across the region Wylie Plant I (66-year-old facility) recently rehabbed and in service Ongoing repairs/replacement of older pipes, pumps and facilities to ensure reliability and public safety Senate Bill 3 and water resilience requirements Aging Infrastructure Needs Repairs and Upgrades 15 74 06/13/2023 Item WS1. Overview •Who We Are •Overview of Services •Key Regional Projects •Projects Supporting Wylie •Water Supply Planning •Strategic Financial Plans •Wrap-up and Questions 16 R.J. Muraski, PMP Assistant Deputy –CIP and Planning 75 06/13/2023 Item WS1. WYLIE PROJECTS –WATER 17 76 06/13/2023 Item WS1. WYLIE PROJECTS –WASTEWATER 18 77 06/13/2023 Item WS1. LONG RANGE WATER SUPPLY PLANNING Through 2080 NEED NEW SOURCE ONLINE BY 2036 19 78 06/13/2023 Item WS1. 20 79 06/13/2023 Item WS1. WATER SUPPLY PLANNING •Conservation and Reuse = 31% •New Supplies = 18% 2021 Region C Water Plan Sources of Water Available to Region C as of 2070 Future Supplies 21 80 06/13/2023 Item WS1. CONSERVATION Critical strategy for maximizing supplies Helped defer approximately $1 billion in projects Award-winning outreach programs: Water4Otter.org Elementary school education program WaterMyYard.org Free weekly water advice based on location and real-time weather data WaterIsAwesome.com Regional campaign with Tarrant Regional Water District and Dallas Water Utilities Important Part of Water Supply 22 81 06/13/2023 Item WS1. Overview 23 Jenna Covington Executive Director/General Manager •Who We Are •Overview of Services •Key Regional Projects •Projects Supporting Wylie •Water Supply Planning •Strategic Financial Plans •Wrap-up and Questions 82 06/13/2023 Item WS1. CONSERVATION RESOURCES 24 83 06/13/2023 Item WS1. KEY BUDGET DRIVERS Capital Investment Requirements $1.2B in issuance; debt service increase of $38.5M over previous year Escalation of construction costs increased CIP by 17% last year Continue to engage with TWDB low interest funding and utilizing extended commercial to mitigate impact Interest Rates Interest rates have increased ~25% since last year Anticipated market volatility Chemical Costs Volatility and supply has calmed since last year Prices are still at historic highs 25 84 06/13/2023 Item WS1. WATER RATES 26 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 Current $3.39 $3.77 $4.16 $4.65 $5.36 $6.01 $6.32 $6.64 $6.94 $7.24 $7.25 Curr Incr 11%10%12%15%12%5%5%5%4%0% Prior $3.39 $3.77 $4.04 $4.34 $4.72 $5.00 $5.22 $5.64 $6.16 $6.35 $6.39 Prior Incr 11%7%7%9%6%4%8%9%3%1% $- $1.00 $2.00 $3.00 $4.00 $5.00 $6.00 $7.00 $8.00 NTMWD Regional Water System Member Rate Per 1,000 Gallons 85 06/13/2023 Item WS1. MUDDY CREEK WWTP RATES 27 86 06/13/2023 Item WS1. MUDDY CREEK INTERCEPTOR RATE 28 87 06/13/2023 Item WS1. CONSERVATION RESOURCES 29 88 06/13/2023 Item WS1. www.NTMWD.com | @NTMWD Questions? Thank you! 30 89 06/13/2023 Item WS1. Wylie City Council AGENDA REPORT Department: Finance Account Code: Prepared By: Melissa Brown Subject Discuss FY 2023-2024 General Fund Budget. Recommendation Discussion Discussion Presentation to discuss General Fund Budget assumptions, tax rate estimates, and department requests. 90 06/13/2023 Item WS2. Budget Work Session Fiscal Year 2023-2024 June 13, 2023 91 06/13/2023 Item WS2. STRATEGIC GOALS Health, Safety, and Well-Being: Provide an environment that supports health, safety, and well-being for all citizens. Community Focused Government: Adopt innovative ways to engage citizens and improve services based on community values, priorities, and expectations. Economic Growth: Support and grow our local economy. Infrastructure: Ensure plans and resources are in place to meet existing and future needs. Workforce: Provide an environment that supports engaged, high-performing employees. Culture: Promote creativity, innovation, and variety through art, music, and literature. Financial Health: Meet the financial needs of the City while maintaining a balanced budget through efficient use of resources, expenditures, and revenues. Planning Management: Plan for existing and future land use to ensure there are resources to meet the needs while preserving our historic and natural assets. 1 Proposed Revenue Assumptions Certified Total Estimated Value as of April 30: $6,920,554,955 Certified Estimated Value of New Construction as of April 30: $213,430,800 (equates to $1,244,579 in revenue) Proposed Sales Tax is a 10% increase over FY 2023 Budgeted/Projected (6 month actuals at 54%) Assumes an estimated No New Revenue Tax Rate of .533130 and voter approval rate of .640763 Assumes an additional two cents for new debt requirement (approved by voters) .553130 Assumes another three cents to partially fund the new Ambulance Service Program .583130 Assumes sales tax increase and interest earnings will fund the remaining cost of the Ambulance Service Program 2 92 06/13/2023 Item WS2. Items Included in Proposed Base Budget Amount 15% increase in health insurance $486,129 3% average merit increase for the General Employees (effective January 2024)$267,709 Pay plan adjustments for Police and Fire (effective October 2023)$785,000 Total $1,538,838 * * Supported by No New Revenue Rate 3 93 06/13/2023 Item WS2. 4 General Fund Summary Estimated Beginning Fund Balance - 10/01/23 $ 21,426,521 Proposed Revenues '24 (@ .583130)57,216,424 New EMS Program (3,313,032) Proposed Expenditures Base Budget '24 (52,833,348) Recommended Requests (Recurring Expense)(744,534) New/Replacement Equipment One Time Uses (325,510) Use of Fund Balance (574,200) Estimated Ending Fund Balance 09/30/24 $ 20,852,321 a) a) Fund balance is 36% of expenditures. 94 06/13/2023 Item WS2. New Recommendations - General Fund 5 Dept Description Amount Personnel City Secretary Upgrade Record Analyst to Records and information Analyst II $ 3,448 Information Technology IT System Specialist $ 80,639 Police Four Sworn Officers (4)$ 476,727 Police School Resource Officer $ 119,186 Police WISD Reimbursement $ (51,000) Police Records Clerk $ 57,192 Streets Signal Technician $ 58,342 Total $ 744,534 Non-Personnel City Secretary Public Information Request Software $ 14,010 Police Axon Tasers $ 68,000 Animal Control Needs Assessment Study $ 35,000 Streets Fleet Services Equipment and Updates $ 18,500 Streets School Zone Flasher Assembly $ 90,000 Streets Sachse Road/Creek Crossing Traffic Signal Design $ 100,000 Total $ 325,510 Total Recommendations $ 1,070,044 95 06/13/2023 Item WS2. Use of Fund Balance - General Fund 6 Dept Description Amount Police Patrol Replacement Tahoes (3)$ 120,000 Police New Patrol Tahoes for Requested Positions (4)$ 160,000 Fire Replace Fire Marshall Vehicle $ 74,200 Streets Aerial Bucket Truck $ 220,000 Total $ 574,200 96 06/13/2023 Item WS2.