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08-22-2023 (City Council) Minutes WylieY Council Regular Meeting Minutes 1A1 August 22, 2023—6:00 PM f N Council Chambers-300 Country Club Road, Building#100,Wylie,Texas 75098 CITY OF WYLIE CALL TO ORDER Mayor Matthew Porter called the regular meeting to order at 6:03 p. . The following City Council members were present: Councilman David R. Duke, Councilman Dave Strang, Mayor pro tem Jeff Forrester, Councilman Scott Williams, Councilman Sid Hoover, and Councilman Gino Mulliql. Staff present included:City Manager Brent Parker;Deputy City Manager Renae 011ie;Assistant City Manager Lety Yanez; Fire Chief Brandon Blythe; Police Chief Anthony Henderson; Finance Director Melissa Brown; Public Information Officer Craig Kelly;Community Services Director Jasen Haskins;Human Resources Director Jennifer Beck; City Secretary Stephanie Storm; City Engineer Tim Porter; Public Works Director Tommy Weir; Senior Buyer Chris Rodriguez; Animal Control Manager Shelia Patton; Engineering Project Manager Jenneen Elkhalid; Parks and Recreation Director Carmen Powlen; and various support staff. INVOCATION F ALLEGIANCE Mayor pro tem Forrester led the invocation, and Scout Troop 78 posted the flags and led the Pledge of Allegiance. PRESENTATIONS C I 1. American Legion ale-Co best Post 315 recognizing 2023 erican Legion Firefighter, EMT/Paramedic,and Law Enforcement Officer of the Year. American Legion Hale-Combest Post 315 presented certificates to Jeff Pynes (Firefighter), Joe Krzan (EMS/Paramedic),and Mark Johnson(Law Enforcement). 2. Eagle Scout Achievement-Riley Boles. Mayor Porter presented a proclamation recognizing Riley Boles for his achievement of the Eagle Scout Award. Boles was present to accept the proclamations and gave a brief description of his Eagle Scout project reporting that over 300 retired flags have been collected since the installation of his Flag Retirement Drop Box at the Wylie IS ESC building. PR3. North Central Texas Trauma Regional Advisory recognizing the City of Wylie as a Heartsafe Community. Fire Chief Blythe introduced Melissa Christon from the North Central Texas Trauma Regional Advisory Council. Christon recognized the City of Wylie as a Heartsafe Community. Members of the Wylie Fire Department and Dispatch, Baylor Scott and White Medical Center Lakepoint, Paramedics Plus, Wylie ISD, and Wylie Parks and Recreation staff were present to accept the recognition. PR4. Payroll Week. Mayor Porter presented a proclamation proclaiming September 5-9, 2023 as Payroll Week in Wylie, Texas. Members of the Human Resources Department and Dallas Chapter Payroll Association were present to receive the Page11 proclamation. Beck recognized Linda Seumalo, Payroll Specialist, for her upcoming retirement in December 2023 after 20 years of service with the City. 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. There were no persons present wishing to address the City Council. CONSENT AGENDA All matters listed under the ConsentAgenda 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 ConsentAgenda and will be considered separately. A. Consider, and act upon, approval of the August 8,2023 Regular City Council Meeting minutes. B. Consider, and act upon, Resolution No. 2023-16(R) of the City Council of Wylie, Texas, approving a negotiated settlement between the Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division regarding the Company's 2023 Rate Review Mechanism filing; declaring existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the public interest; approving an attachment establishing a benchmark for pensions and retiree medical benefits; requiring the company to reimburse ACSC's reasonable ratemaking expenses; determining that this Resolution was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an effective date; and requiring delivery of this Resolution to the Company and the ACSC's legal counsel. C. Consider, and act upon, Ordinance No. 2023-35, amending Wylie's Code of Ordinances, Ordinance No.2021-17,as amended,Chapter 74(Offenses and Miscellaneous Provisions),Article III(Curfew for Minors); repealing Ordinance Nos. 2017-09, 2020-22, and 2023-09; repealing the City's Juvenile Curfew Ordinance in response to House Bill 1819, effective September 1, 2023; providing a savings/repealing clause, severability clause and an effective date; finding and determining that the meeting at which this ordinance is passed was noticed and is open to the public as required by law. D. Consider, and act upon, Ordinance No. 2023-36, amending Wylie's Code of Ordinances, Ordinance No. 2023-10, as amended, Chapter 18 (Animals), Article I (General), to add Section 18-16 (Trap- Neuter-Release Feral Cat Program). E. Consider, and act upon, a Final Plat for Lots 1-7, Block A of Allen Addition establishing seven residential lots on 1.8298 acres,located at 1012 E.Brown. F. Consider, and act upon, a Final Plat for Lot 12111, Block C of Regency Business Park, Phase Three being a Replat of Lot 12,Block C of Regency Business Park,Phase Three,and 1.548 acres of unplatted land for the creation of one lot that measures 2.789 acres.Property is located at 2770 Capital Street. G. Consider, and act upon, the award of a professional services project order (PSO) #W2023-83-E for the Dogwood Drive Waterline Rehabilitation Project to RJN Group, Inc. in the amount of$89,900.00 and authorizing the City Manager to execute any necessary documents. H. Consider,and act upon,the award of W2023-101-1 for the purchase of the Founders Park Soccer Field Renovations to Grand Landscapes and Athletics in the amount of$999,493.56,through a cooperative Page 2 purchasing contract with BuyBoard (#641-21) and authorizing the City Manager to execute any necessary documents. I. Consider, and act upon, approval of the Non-Profit Park Event Application from the Wylie P.O.L.I.C.E. Club representative School Resource Officer Michael Stewart, to hold the "Wylie P.O.L.I.C.E.Club Softball Tournament"at Founders Park on Saturday,November 4,2023,from 8:00 A.M. to 9:00 P.M. J. Consider, and act upon, approval of the recommendation to amend the Parks and Recreation Board Bylaws. K. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of July 31,2023. L. Consider, and act upon, Ordinance No. 2023-37 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 place on file,the City of Wylie Monthly Investment Report for July 31,2023. N. Consider,and act upon,the City of Wylie Monthly Revenue and Expenditure Report for July 31,2023. Councilman Williams requested Item C and staff requested Item H be pulled from the Consent Agenda and considered individually. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Williams, to approve Consent Agenda Items A, B, D, E, F, G, I-N as presented. A vote was taken and the motion passed 7-0., REGULAR AGENDA C. Consider, and act upon, Ordinance No. 2023-35, amending Wylie's Code of Ordinances, Ordinance No.2021-17,as amended,Chapter 74(Offenses and Miscellaneous Provisions),Article III(Curfew for Minors); repealing Ordinance Nos. 2017-09, 2020-22, and 2023-09; repealing the City's Juvenile Curfew Ordinance in response to House Bill 1819, effective September 1, 2023; providing a savings/repealing clause, severability clause and an effective date; finding and determining that the meeting at which this ordinance is passed was noticed and is open to the public as required by law. Council Comments Councilman Williams stated he wanted to highlight that this item is a result of the passing of a recent House Bill, which makes the City's ordinance that was passed earlier this year void. Council Action A motion was made by Councilman Williams, seconded by Councilman Duke, to approve Item C as presented. A vote was taken and the motion passed 7-0. H. Consider,and act upon,the award of W2023-101-1 for the purchase of the Founders Park Soccer Field Renovations to Grand Landscapes and Athletics in the amount of$999,493.56,through a cooperative purchasing contract with BuyBoard (#641-21) and authorizing the City Manager to execute any necessary documents. Staff Comments Assistant Parks and Recreation Director Stowers provided Council with an update on this project stating this item initially was to crown the three northern fields on the west side of the property four inches and install a new irrigation Page 13 system. Stowers added now, in addition to the three fields, fields that are located closer to the parking lot will be turned into additional small fields. This project will begin after the first of November and will delay the spring season a little. Council Action A motion was made by Councilman Mulliqi, seconded by Councilman Williams, to approve Item H as presented. A vote was taken and the motion passed 7-0. 1. Consider, and act upon, Ordinance No. 2023-38 of the City of Wylie, Texas, amending Wylie's Code of Ordinances, Ordinance No. 2021-17, as amended, Chapter 110 (Traffic and Vehicles), Article VI (Stopping, Standing, or Parking), Section 110-173 (Stopping, Standing, or Parking prohibited in certain places)amending Section 110-173(a)(10)(h)regarding the prohibition of parking along certain sections of South Hensley Lane; 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 Police Chief Henderson addressed the Council stating this Ordinance would address the south side of Hensley Lane which runs beside Draper Intermediate.Currently,there are signs posted on the north side of the road for no parking, stopping,or standing.Staff is requesting this same provision be added to the south side of the road as during morning and afternoon drop-off and pickup cars are parking along the south side of the road,which affects the flow of traffic as well as poses a safety issue for students walking into the lane of traffic to cross. Council Comments Councilman Strang asked if a red stripe could be added with a fire lane only. City Engineer Porter replied a sign is more visible to the public than the red stripe and additional information can be posted on the sign. Mayor Porter confirmed staff will work with WISD on communication to the parents. Council Action A motion was made by Councilman Mulliqi, seconded by Councilman Strang, to approve Item I as presented. A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing, consider, and act upon, Resolution No. 2023-17(R) adopting the Americans with Disabilities Act Transition Plan in accordance with the federally mandated requirement by Title 11(State and Local Government)of the Americans with Disabilities Act. Staff Comments Deputy City Manager 011ie addressed the Council stating this Item is in accordance with Title II, the Americans with Disabilities Act. 011ie gave kudos to staff members Lynn Fagerstrom and Joe Tidwell for all the work they have done putting this Transition Plan together,which includes a public survey where 44 comments were received, and an implementation plan. Council Comments Council thanked staff for all of the work they have done on this plan. Mayor pro tem Forrester confirmed that new upcoming projects will be reviewed for ADA compliance before being constructed. 011ie confirmed that is correct. Councilman Mulliqi asked about the immediate steps that were taken, does that take us more in compliance with accessibility, and is the 20-year plan taking into consideration all the projects moving forward. 011ie replied yes, and it will address both past projects/programs and future projects/programs. Porter encouraged anyone interested to read the Transition Plan as it is very detailed. Public Hearine Mayor Porter opened the public hearing on Item 2 at 16:50 p.m. asking anyone present wishing to address Council to come forward. No persons were present wishing to address the Council. Page 14 Mayor Porter closed the public hearing at 6:50 p.m. Council Action A motion was made by Mayor pro to Forrester, seconded by Councilman Strang,to approve Item 2 as presented. A vote was taken and the motion passed 7-0. 3. Hold a Public Hearing, consider, and act upon,Ordinance No. 2023-39 adopting a budget for all City funds, including the Wylie Economic Development Corporation (4A) and the Wylie Parks and Recreation Facilities Development Corporation (4B) and appropriating resources for Fiscal Year 2023-24 beginning October 1, 2023 and ending September 30,2024. Staff Comments Finance Director Brown addressed the Council stating this is the first of several steps to complete the budget process for the 2024 budget year. The City has met the requirements of the Local Government Code and the City Charter, which require the City to hold this Public Hearing to adopt the budget. The vote has to be a record vote and for transparency, the tax rate proposed for this budget is 0.538882 per $100 assessed valuation, which is three cents above the no new revenue rate Public Hearing Mayor Porter opened the public hearing on Item 3 at 6:52 p.m. asking anyone present wishing to address Council to come forward. No persons were present wishing to address the Council. Mayor Porter closed the public hearing at 6:52 p.m. Council Action motion was made by Mayor pro to Forrester, seconded by Councilman Mulliqi,to approve Item 3 as presented. A vote was taken and the motion passed 6-1 with Mayor Porter,Councilman Duke,Councilman Strang,Mayor pro to Forrester, Councilman Hoover, and Councilman Mulliqi voting for and Councilman Williams voting against. 4. Consider, and act upon,approving the property tax revenue increase reflected in the budget. Staff Comments Finance Director Brown addressed the Council stating in compliance with state law, this Item is for Council to recognize that there is a total tax revenue increase with the proposed tax rate in the budget that was approved. Council Action A motion was made by Councilman Mulliqi, seconded by Councilman Duke, to approve Item 4 as presented. A vote was taken and the motion passed 7-0. 5. Hold a Public Hearing on the proposed tax rate of$0.538882 per$100 assessed valuation for fiscal year 2023-2024 and provide all interested persons an opportunity to be heard, either for or against the tax rate. Staff Comments Finance Director Brown addressed the Council stating on August 8, 2023, the City Council voted to accept the calculation of the no new revenue tax rate,the voter approval tax rate, and the proposed tax rate for the 2023-2024 budget. The proposed tax rate is above the no new revenue tax rate and the City is required to have this public hearing so that citizens can be heard. All of the required tax information was published in the City's official newspaper the Wylie News on August 16, 2023, in the Notice of Meeting to Vote on the Tax Rate. Page 15 Public llearin Mayor Porter opened the public hearing on Item 5 at 6:56 p.m. asking anyone present wishing to address Council to come forward. No persons were present wishing to address the Council. Mayor Porter closed the public hearing at 6:57 p.m. Council Action No action is required. 6. Consider, and act upon, Ordinance No. 2023-40 fixing the ad valorem tax rate/levy for the Tax Year 2023 and Budget Year 2023-2024 at$0.538882 per$100 assessed valuation. Staff Comments Finance Director Brown addressed the Council stating the tax rate has two components, 0.398412 per $100 valuation is allocated for maintenance and operations, and 0.140470 is dedicated to fund the General debt service. The Property Tax Code requires that this vote be separate from the adoption of the budget, which was done earlier and if the tax rate exceeds the no new revenue rate, the vote on the Ordinance must be a record vote requiring at least 60 percent of the members of the governing body voting in favor of the Ordinance. Council Action A motion was made by Mayor pro tem Forrester, seconded by Councilman Strang, to move that the property tax rate be increased by the adoption of a tax rate of 0.538882, which is effectively a 5.90 percent increase in the tax rate.A vote was taken and the motion passed 6-1 with Mayor Porter,Councilman Duke,Councilman Strang,Mayor pro to Forrester, Councilman Hoover, and Councilman Mulliqi voting for and Councilman Williams voting against. 7. Consider, and act upon, the award of W2023-89-A for the purchase oft a City of Wylie On-Demand Rides haring Public Private Partnership Program to Trippp Consultant, C. for a 3-year base term in the amount of $571,543, and authorizing the City Manager to execute any and all necessary documents. Staff Comments Deputy City Manager 011ie addressed the Council introducing and giving appreciation to Senior Buyer Chris Rodriguez. 011ie stated since 2016 the City has had a rideshare partnership with DART, and in 2022 they notified all non-member cities that they were going to end the service. Staff met with surrounding cities to talk through some scenarios to see what the City could offer the citizens moving forward as this is an important service to the citizens as the City had 921 registered users from January to May 2023. Staff put together an RFP for on-demand rideshare services and this item is a contract for a vendor. Rodriguez addressed Council stating the City received two responses with Tn'ppp Consultant being the highest technical and apparent low bidder. Staff recommends the award of bid Trippp Consultant for a three-year base term. Council Comments Mayor Porter asked regarding the base term if there is a system in place if the usage continues to increase so that it is fair to both parties for overages. Rodriguez replied they would bill the City accordingly. Parker added this will provide a well-rounded service with more options and flexibility than we currently have, and stated an app can be created for our citizens to use for events, as an example Bluegrass on Ballard, to help with parking issues. Parker stated the initial year is a little costlier as everything has to be set up but after that, it is strictly a subsidy. Mayor pro tem Forrester asked if this service is free to the citizens, or is there a subsidized cost. 011ie replied there would be a cost to the user depending on if the City wants to set up a subsidy. Councilman Williams stated it sounds like a great program,and added he would like something added so that ETJ residents do not receive the same monetary benefits that citizens receive if the City subsidizes. 011ie replied that it can be set up in the software. Porter stated this is a great service to add, in addition to the ADA plan, to allow accessibility for citizens. 011ie added services Page 16 will be available 24 hours/7 days a week and 365 days a year. Councilman Mulliql thanked staff and stated some citizens over 65 years old may not have access to the app and asked if they would be able to call in. 011ie replied there would be a dial-in number, and a designated rideshare page would be added to the City website that would include all of the information. Council Action A motion was made by Councilman Williams,seconded by Mayor pro to Forrester,to approve Item 7 as presented. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, the approval of W2023-105-1 for the purchase of Splash Pad features and installation services from Rain-Drop for of East Meadow Trail and Community Park Splash Pads in the amount of $1,326,921.70 through a cooperative purchasing contract with Sourcewell Cooperative Purchasing (#010521-RDP) and authorizing the City Manager to execute any necessary documents. Staff Comments Assistant Parks and Recreation Director Stowers addressed the Council stating Parks and Recreation staff have met with contractors, and seven different contractors will be used to complete this project, two of those being City departments,Public Works,and Parks and Recreation. This item is for 50 percent of the total cost of the project for both East Meadow Trail and Community Park splash pads including the actual splash pads, the features for the installation, the concrete surfacing, the sun deck and non-slip material that goes on top, and the work inside the mechanical room including the pumps and balance tank for a cost of$1,326,921.70. This does not include the parking, the infrastructure,the utility work, or the restrooms. Council Comments Mayor pro tem Forrester asked what does staff expect the remaining contracts to come in to finish the project as the rejected bid price was approximately $3.17 million and tonight it is about $1.3 million. Stowers replied available funds for the two splash pads are $2,570,000 and this contract is for 50 percent of the project; therefore, the remaining balance will be roughly a little over$1.2 million. Council thanked staff for the work they have done on this project.Mayor Porter asked if staff has an idea of when these will be completed and open to the public. Stowers explained the construction process and estimated the weekend of Memorial Day 2024 for opening weekend. Council Action A motion was made by Councilman Mulliqi, seconded by Mayor pro to Forrester,to approve Item 8 as presented. A vote was taken and the motion passed 7-0. RECESS CITY COUNCIL Mayor Porter recessed the Council at 7:20 p.m. CALL TO ORDER THE WYLIE PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION(413) Mayor Porter called to order the Parks and Recreation 4B meeting at 7:27 p.m.The following Board Members were present: Board Member Matthew Porter, Board Member David R. Duke, Board Member Scott Williams, Board Member Sid Hoover,Board Member Austen Foster,Board Member Whitney McDougall,and Board Member Scott Hevel. COMMENTS ON NON-AGENDA ITEMS Any member of the public may address the Board regarding an item that is not listed on the Agenda. Members of the public must fill out aform prior to the meeting in order to speak. The Board requests that comments be limited to three minutes for an individual,six minutes for a group.In addition, the Board is not allowed to converse,deliberate or take action on any matter presented during citizen participation. Page 17 There were no persons present wishing to address the Parks and Recreation Facilities Development Corporation (413)Board. REGULAR AGENDA 1. Consider, and act upon, approval of August 23, 2022 Regular Wylie Parks and Recreation Facilities Development Corporation (413)meeting minutes. Council Action A motion was made by Board Member Duke, seconded by Board Member McDougall, to approve Item I as presented. A vote was taken and the motion passed 7-0. 2. Consider,and act upon,approval of the Fiscal Year 2023-2024 4B Budget and authorize expenditures for the FY 2023-2024 Community Services Facilities Capital Improvement Plan. Staff Comments Finance Director Brown addressed the Board giving a summary of the 4B budgets for 2024 and reminded the Board that the activities of 4B are accounted for in two different fund types, one being the Sales Tax Revenue Fund and the other the 4B Debt Service Fund. The Sales Tax Revenue Fund includes several departments, including the Brown House, Senior Recreation Center, Stonehaven House, and a portion of Parks and Combined Services. Their proposed revenues for the 24-budget year are $5,696,500 which includes a 10 percent increase in the sales tax revenue over the 23-budget year, and the proposed expenditures are $5,479,756 which includes one equipment operator, Pirate Cove playground replacement, Community Park playground surfacing and phase two installation, a large mower replacement,a pavilion at the library,and a zero-tum mower.A very healthy fund balance is projected at a little over $4 million and the fund balance policy requirement is 25 percent of the budgeted sales tax revenue, which is equal to about $1.1 million. The 413 Debt Service Fund will make bond payments this year of principal and interest totaling$387,100 which is supported by a transfer from the 4B Sales Tax Revenue Fund,and the current outstanding debt for the 4B fund is $755,000, which will be completely paid off in fiscal year 2025. Council Action A motion was made by Board Member Duke, seconded by Board Member Hevel, to approve Item 2 as presented. A vote was taken and the motion passed 7-0. ADJOURN 4B BOARD A motion was made by Board Member McDougall, seconded by Board Member Duke, to adjourn the meeting at 7:35 p.m. A vote was taken and the motion passed 7-0. RECONVENE INTO REGULAR SESSION Mayor Porter reconvened the Council into Regular Session at 7:37 p.m. EXECUTIVE SESSION Mayor Porter convened the Council into Executive Session at 7:37 p.m. See. 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 generally located at Brown and Country Club, and Skyview and Park. Page 18 ES2. Consider the sale or acquisition of properties located at Ballard/Brown, Brown/Eubanks, FM 544/Cooper,FM 544/Sanden, 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 economic development negotiations; or (2) to deliberate the offer of a financial al or other incentive to a business prospect described by Subdivision(1). ES3. Deliberation regarding commercial or financial information that the WEDC has received from a business prospect and to discuss the offer of incentives for Projects: 2013-9a, 2021-2d, 2021-4c, 2021- 5a, 2021-6c,2021-9b, 2022-1b, 2022-1c, 2022-7b, 2022-10c, 2023-1a, 2023-1c, 2023-2d, 2023-3b, 2023- 5b, 2023-6b,2023-6c,2023-6d,2023-7a,2023-7b, and 2023-7c. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Porter reconvened the Council into Open Session at 8:45 p.m. 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 captions of Ordinance Nos.2023-35,2023-36,2023-37,2023-38,2023-39,and 2023- 40 into the official record. ADJOURNMENT •motion was made by Councilman Strang, seconded by Councilman Mulliqi, to adjourn the meeting at 8:48 p.m. •vote was taken and the motion passed 7-0. Nlatt tew Porter,Mayor ATTEST: Stephanie Storm,City Secretary tb C9 X 88370 (IF,T Page 19