12-10-2019 (City Council) Minutes IA®
IN Wylie City Council
CITY OF
WYLIE
Minutes
Regular Meeting
December 10,2019—6:00 p.m.
Wylie Municipal Complex—Council Chambers
300 Country Club Road,Bldg. 100
Wylie,TX 75098
CALL TO ORDER
Mayor Eric Hogue called the regular meeting to order at 6:00 p.m. The following City Council members
were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tem Jeff Forrester,
Councilwoman Candy Arrington, and Councilman David Dahl. Councilman Timothy T. Wallis was
absent.
Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City
Manager Renae 011ie; Police Chief Anthony Henderson; Public Information Officer Craig Kelly; Finance
Director Melissa Beard; Assistant Fire Chief Brian Ritter; Planning Manager Jasen Haskins; Parks and
Recreation Director Rob Diaz; WEDC Executive Director Sam Satterwhite; Project Engineer Wes
Lawson; Public Works Director Tim Porter; Library Director Rachel Orozco; City Secretary Stephanie
Storm,and various support staff.
INVOCATION&PLEDGE OF ALLEGIANCE
Councilman Dahl gave the invocation and Councilman Duke led the Pledge of Allegiance.
PRESENTATIONS
• Presentation to Wylie Police Department Crossing Guards by the Wylie Citizen Police
Academy Alumni Association
Members of the Wylie Citizen Police Academy Alumni Association presented the crossing guards with
new LED reflective traffic vests.
• Girl Scout Silver Award—Sydney Farrow
Mayor Hogue recognized and read a proclamation extending congratulations to Sydney Farrow for
earning the Girl Scout Silver Award,the highest honor an eighth grade Girl Scout Cadette can achieve,
while contributing to her community.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
Margaret Eubanks addressed Council regarding concerns with Kreymer Estates and Lewis Ranch with
regard to drainage.
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Wylie City Council
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CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider,and act upon,approval of the Minutes of November 12,2019 Regular Meeting and
November 12,2019 Work Session of the Wylie City Council. (S. Storm, City Secretary)
B. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of October 31,2019. (S. Satterwhite, WEDC Director)
C. Consider, and act upon, approval of a final plat for Torres Addition, establishing one lot on
0.331 acres,generally located on the northwest corner of Alanis Drive and Martinez Lane. (J.
Haskins, Planning Manager)
D. Consider,and act upon,a final plat of Woodbridge Centre Phase II,Lot 4R,Block A,being a
replat of Lot 4A and 4B,Block A, located at 731 Woodbridge Parkway. (J. Haskins, Planning
Manager)
E. Consider, and act upon, the vendor application for the 1LT Robert F. Welch Run for Our
Heroes Fundraiser 5k and Fun Run to be held at Founders Park on April 25,2020. (R Diaz,
Parks &Recreation Director)
F. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement with
Collin County and the Rita and Truett Smith Public Library for library services for fiscal
year 2019-2020 in the amount of$6,868.00. (R Orozco, Library Director)
G. Consider, and act upon, City of Wylie Monthly Revenue and Expenditure Report for
October 31,2019. (M. Beard, Finance Director)
H. Consider, and act upon, City of Wylie Monthly Investment Report for October 31,2019. (M.
Beard, Finance Director)
I. Consider, and act upon, Ordinance No. 2019-37 setting a date for a public hearing on
February 11, 2020, to discuss and review updates to the Land Use Assumptions and Capital
Improvements Plan. (T. Porter, Public Works Director)
J. Consider, and act upon, the approval of the purchase of equipment and installation of
equipment for Friendship and Kirby Parks from WeBuildFun Inc. in the amount of
$97,915.00 through a cooperative purchasing contract with Buy Board, and authorizing the
City Manager to execute any necessary documents. (G. Hayes, Purchasing Manager)
K. Consider, and act upon, the approval of the purchase of seven (7) Chevrolet Tahoe Police
Pursuit Vehicles and in the estimated amount of$221,070 through an inter-local purchasing
agreement with The Sheriffs' Association of Texas, and authorizing the City Manager to
execute any necessary documents. (G. Hayes, Purchasing Manager)
L. Consider, and act upon, the approval of the purchase of three (3) Chevrolet Silverado %-T
Trucks and one(1) Chevrolet 1-T Truck and in the estimated amount of$101,253.00 through
an inter-local purchasing agreement with The Sheriffs' Association of Texas, and
authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing
Manager)
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M. Consider, and act upon, the approval of Change Order No. 1 and Change Order No. 3 to
contract #W2018-69-B Wylie Public Safety Building Remodel Project, in the amount of
$147,461.00, with Pogue Construction Company and authorizing the City Manager to
execute any necessary documents. (G. Hayes, Purchasing Manager)
Councilman Porter requested that Consent Item M be removed from Consent and considered individually.
Consensus of the Council was to remove Item M from Consent and consider individually.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve Items A
through L on the Consent Agenda as presented. A vote was taken and motion passed 6-0 with
Councilman Wallis absent.
REGULAR AGENDA
M. Consider, and act upon, the approval of Change Order No. 1 and Change Order No. 3 to
contract #W2018-69-B Wylie Public Safety Building Remodel Project, in the amount of
$147,461.00, with Pogue Construction Company and authorizing the City Manager to
execute any necessary documents. (G. Hayes, Purchasing Manager)
Council Comments
Councilman Porter asked Hoisted to give a brief overview of what this item is regarding.Hoisted reported
that on large construction projects, an owner's contingency for unseen items is included in the bid. With
regard to the Public Safety Building, there are a couple of issues that have arisen, such as necessary
foundation work and additional waterline, which is needed to make the connection for the fire line
service.After paying these change orders,there is about$100,000 left in the contingency.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Dahl, to approve Item M. A vote
was taken and motion passed 6-0 with Councilman Wallis absent.
Mayor Hogue convened the Council into Executive Session at 6:19 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Sec.551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING.
A governmental body may not conduct a private consultation with its attorney except:
(1) when the governmental body seeks the advice of its attorney about:
(A) pending or contemplated litigation; or
(B) a settlement offer; or
(2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary
Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter.
• Update on the status of the NTMWD PUC rate case
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 fmancial information that the governmental body has
received from a business prospect that the governmental body seeks to have locate, stay, or expand in or
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near the territory of the governmental body and with which the governmental body is conducting
economic development negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision
(1).
• Deliberation regarding commercial or financial information that the WEDC has received
from a business prospect and to discuss the offer of incentives for Project 2019-11e.
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.
• Discuss the pending sale of property located on 544 west of SH 78.
• Consider the sale or acquisition of property located near Jackson Avenue and Oak Street.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue reconvened into Open Session at 7:33 p.m.
REGULAR AGENDA
Tabled from 10-22-2019
Remove from table and consider
Council Action
A motion was made by Mayor pro tern Forrester seconded by Councilman Duke, to remove Item 1 from 111
the table.A vote was taken and motion passed 6-0 with Councilman Wallis absent.
1. Consider authorizing the City Manager to sign a Development Agreement pending
Annexation between the City of Wylie, Serene District Townhomes, DBA The District
Townhome (Tract 1 Owner), The District Lifestyle LLC (Tracts 2 & 3 Owner), and The
District Lifestyle II LLC (Tracts 4 & 5 Owner), for the development of a mixed-use master
planned community. Located south of Alanis Drive and east of SH 78. (R 011ie, Asst. City
Manager)
Staff Comments
Assistant City Manager 011ie addressed Council stating staff had a positive meeting with the applicant
and a majority of the comments from Council and staff were addressed.
Applicant Comments
Chuck Branch, representing Daydra Management, gave Council a brief presentation regarding added
landscape, a hose lay down rendering for fire safety, possible sewer/water routing options, the entrance
appearance, and building renderings of commercial properties and rental units.
Council Comments
Mayor pro tern Forrester asked if the applicant could give any idea of potential commercial businesses.
Branch replied they are in talks with others, but the potential businesses wanted to see if this agreement
got approved before signing a letter of intent. Branch stated the goal is high-end restaurants and retail.
Forrester asked if there is an agreement in place for any one of the three water/sewer options. Branch
replied there is not currently an agreement in place. Forrester expressed concerns with not having an
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easement in place for utilities. 011ie stated this development agreement is setting the parameters regarding
what could happen on this property; however, the details are not put into place until the platting phase. If
approved tonight, the next step would be the annexation of the one tract, then zoning, and then platting.
The final platting would set the easements. Hogue asked where Daydra has developed a development like
this before.Branch stated they have developed separate developments,but not an altogether development.
Hogue expressed concerns with the traffic counts and asked if the traffic counts support a development
like this. Branch replied with the livable areas, condos and apartments, and with it being a destination site
for many people, the businesses should fill in. Arrington asked when potential commercial customers,
names would be released. Branch replied in the next couple months more details could be given and that
they are currently in talks with an entertainment venue. Porter asked if there were any other major
variances being requested in the agreement in addition to the ones for the townhomes and the retail/office
space. 011ie replied there was not.
Council Action
A motion was made by Councilman Dahl, seconded by Councilman Duke, to approve authorizing the
City Manager to sign a Development Agreement pending Annexation between the City of Wylie, Serene
District Townhomes,DBA The District Townhome(Tract 1 Owner),The District Lifestyle LLC(Tracts 2
and 3 Owner),and The District Lifestyle II LLC (Tracts 4 and 5 Owner),for the development of a mixed-
use master planned community located south of Alanis Drive and east of SH 78. A vote was taken and
motion passed 5-1 with Mayor Hogue voting against and Councilman Wallis absent.
2. Hold a Public Hearing and consider, and act upon, a change in zoning from Community
Retail (CR) to Planned Development - Community Retail (PD-CR), to allow for a Church /
House of Worship Use on Lot 1, Block 1 of Wylie Shopping Village located at 701 South
State Highway 78. (ZC 2019-14) (J. Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating this item is for the old Brookshire's building. The
property is currently zoned Community Retail and the requested use is allowed by right. The reason for
the requested zoning change to a Planned Development is to allow for the utilization of the existing non-
conforming site. The conditions of the Planned Development require improvements to the site that bring
the site up to current design standards with the following exceptions; a reduction in the parking stall
dimensions to 9 feet by 20 feet, an allowance of an increase to the parking space maximum to 270 spaces,
a reduction in the required Landscape Area to 15.8% representing 33,000 square feet of landscaped area,
a reduction on required landscape design desirables to three, and an elimination of the requirement for a
meandering sidewalk along SH 78. In addition, this Planned Development includes a provision that
reverts to the baseline Community Retail zoning development standards if the Church, or any other
church, ceases to own or occupy the subject property.
Haskins reported 23 notifications were mailed, and one response, not in favor or in opposition of the
request, had been received the day of the Council meeting. This citizen had questions regarding potential
traffic issues. The Commissioners recommended approval by a vote:of 6-0.
Public Hearing
Mayor Hogue opened the public hearing on Item 2 at 8:03 p.m. asking anyone present wishing to address
Council to come forward.
Tom Jones, applicant, addressed Council regarding the improvements the Church is making to the
property.
Mayor Hogue closed the public hearing at 8:08 p.m.
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Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter,to approve a change in
zoning from Community Retail(CR)to Planned Development-Community Retail(PD-CR), to allow for
a Church/House of Worship Use on Lot 1, Block 1 of Wylie Shopping Village located at 701 South State
Highway 78 (ZC 2019-14).A vote was taken and motion passed 6-0 with Councilman Wallis absent.
3. Consider, and act upon, the award of RFQ #W2019-55-E for City Engineering Firm Plan
Review Services to Birkhoff, Hendricks & Carter LLP in the estimated annual amount of
$100,000.00, and authorizing the City Manager to execute any and all necessary documents.
(T. Porter, Public Works Director; G. Hayes, Purchasing Manager)
Staff Comments
Public Works Director Porter addressed Council stating staff has previously planned to have an acting
City Engineer and, the way the contract is written, the City Engineer would assist with reviewing
development plans, assist with updating City of Wylie standards and construction standards, and offer
other services that are needed throughout the year.
Porter stated City staff issued a Request for Qualification (RFQ) for a qualified Engineering Firm and
Birkhoff,Hendricks and Carter LLP was chosen as the most qualified firm for the City's needs.
Council Comments
Mayor Hogue confirmed the dollar amount was up to$100,000.00.Porter replied that was correct.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to award RFQ
#W2019-55-E for City Engineering Firm Plan Review Services to Birkhoff, Hendricks & Carter LLP in
an amount up to $100,000.00, and authorizing the City Manager to execute any and all necessary
documents. A vote was taken and motion passed 6-0 with Councilman Wallis absent.
4. Consider, and act upon,Resolution No. 2019-36(R) to accept a bid from Mulligan Foods RE
2 LLC's for the purchase of real property owned by the City of Wylie and located at 802 N.
Kirby, Wylie, TX in the amount of$1,045,440.00 as responsive to bid #W2019-134-B, and
authorizing the City Manager to execute any and all necessary documents. (C. Hoisted, City
Manager; G. Hayes, Purchasing Manager)
Staff Comments
City Manager Holsted addressed Council stating City and WEDC staff have been working together to get
the property at 802 N. Kirby cleaned up and back on the market for about 20 years. The City solicitated
bids for the sale of the property and received one responsive bid for $1,045,440.00, which is over the
appraised amount.
WEDC Executive Director Satterwhite addressed Council stating staff noticed an error in the contract on
the addendum on page four and item number 15, it addresses an access drive to be built to the north, and
it should actually be to the west.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Duke, to approve Resolution No.
2019-36(R)to accept a bid from Mulligan Foods RE 2 LLC's for the purchase of real property owned by
the City of Wylie and located at 802 N. Kirby, Wylie, TX in the amount of$1,045,440.00 as responsive
to bid #W2019-134-B, and authorizing the City Manager to execute any and all necessary documents,
with the amendment to item 15 within the addendum to the contract where it should read western
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boundary instead of northern boundary.A vote was taken and motion passed 6-0 with Councilman Wallis
absent.
5. Consider, and act upon, Ordinance No. 2019-38 amending Ordinance No. 2019-27 (2019-
2020 Budget) for proposed budget amendments for fiscal year 2019-2020; providing for
repealing,savings and severability clauses; and providing an effective date of this ordinance.
(M. Beard, Finance Director)
Staff Comments
Finance Director Beard addressed Council stating the Police Department would like to purchase Police
Analytics Dashboard software.The software agreement would be for two years at a total price of$22,000
which includes upgrades and support for the term of the agreement. After the initial two years, the
software expense will become part of the base operating expenses. The software will be funded by the
state-seized fund balance of approximately $37,000, which is part of the restricted General Fund fund
balance and is to be used for Police Department needs only. The restricted funds are not part of the
unassigned General Fund balance used to calculate our required 30% fund balance.
Council Action
A motion was made by Councilman Porter, seconded by Councilwoman Arrington, to approve Ordinance
No. 2019-38 amending Ordinance No. 2019-27 (2019-2020 Budget)for proposed budget amendments for
fiscal year 2019-2020; providing for repealing, savings and severability clauses; and providing an
effective date of this ordinance.A vote was taken and motion passed 6-0 with Councilman Wallis absent.
6. Consider, and act upon, Ordinance No. 2019-39 amending Ordinance No. 2019-27 (2019-
2020 Budget) for proposed budget amendments for fiscal year 2019-2020; providing for
repealing,savings and severability clauses; and providing an effective date of this ordinance.
(M. Beard, Finance Director)
Staff Comments
Finance Director Beard addressed Council stating the Watch Guard Digital Video System was included in
the budget as a lease and the principal and interest payment for the lease is included in the FY 2020
budget. The purchase is being funded through a loan from Government Capital Corporation. The
accounting rules for a loan are different than a lease, and a budget amendment is required to show the
budget for the purchase price in the expense accounts and the revenue from the loan proceeds in the
revenue account. Beard stated the amendment is budget neutral.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to approve Ordinance
No.2019-39 amending Ordinance No. 2019-27 (2019-2020 Budget)for proposed budget amendments for
fiscal year 2019-2020; providing for repealing, savings and severability clauses; and providing an
effective date of this ordinance.A vote was taken and motion passed 6-0 with Councilman Wallis absent.
7. Consider, and act upon, a revised Preliminary Plat of Brookside Estates creating 61
residential lots and six HOA lots on 14.599 acres, generally located on Stone Road
approximately 1900' east of Kreymer Lane. (Jason Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating on July 9, 2019 City Council approved, with
conditions, a preliminary plat for Brookside Estates. That preliminary plat consisted of 68 residential lots
on 14.599 acres. The condition for approval was the addition of fire sprinklers, due to the fact that the plat
showed one entrance into the subdivision. The applicant, who is a new owner and not the original
applicant, is requesting Council consider replacing that condition with one requiring the addition of a fire
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lane and access easement into the existing Grayhawk subdivision on the northeast of the property.
Haskins reported the applicant has made other modifications to the preliminary plat which include:
removing the median on Remington Way (due to the inclusion of the proposed second access point),
increasing the minimum lot width to 45 feet from the previous 40 feet, and reducing the residential lot
count from 68 to 61. As the request is for an approval with conditions, a letter of certified conditions will
be provided to the applicant, if approved, as required by State Law.
Council Comments
Porter asked whether the area in question was originally set aside as green space. Haskins report a
majority is still green space; only a small portion would be paved to connect to Ray Hubbard Way in the
Grayhawk subdivision. Hogue asked if it will look like an alley or a street. Richard Hovas, representing
Engineering Concepts, responded it could be constructed either way as it is only for emergency purposes.
Dahl asked whether since it is gated, it would have an automated opener for emergency crews. Holsted
replied it would have an automated opener. Dahl expressed concern about the confusion and requested no
exit signs be placed on both sides. Hogue confirmed there is still only one way in and one way out for the
residents.Haskins confirmed that was correct.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilwoman Arrington,to approve,with
conditions, a revised Preliminary Plat of Brookside Estates creating 61 residential lots and six HOA lots
on 14.599 acres, generally located on Stone Road approximately 1900 feet east of Kreymer Lane. All
conditions imposed on the approved plat from July 9, 2019 (attached as Exhibit B) shall remain in effect
with the exception of removing note #12 regarding the requirement for automatic fire sprinklers, and
adding a note as shown as note #13 of the revised plat (attached as Exhibit A) in regards to the
requirement for an access and fire lane easement into the Grayhawk Subdivision for the provision of a
second access point.A vote was taken and motion passed 6-0 with Councilman Wallis absent.
Tabled from 11-12-2019
Remove from table and consider
Council Action
A motion was made by Mayor pro tern Forrester seconded by Councilman Duke, to remove Item 8 from
the table.A vote was taken and motion passed 6-0 with Councilman Wallis absent.
8. Consider, and act upon, Resolution No. 2019-34(R) casting a vote for candidate(s) to the
Board of Directors of the Rockwall Central Appraisal District for a two-year term beginning
January 1,2020. (S. Storm, City Secretary)
Staff Comments
City Secretary Storm addressed Council stating Rockwall Central Appraisal District had no additional
information on the candidates and stated if it was Council's desire to take no action,the City could send a
ballot with no action taken to Rockwall Central Appraisal District.
Council Comments
Dahl stated he prefers to not vote for people he does not know and also has an issue with members of City
Council and/or County Commissions,those who set tax rates, sitting on the board;therefore,he could not
vote for anyone in those positions and does not know anything about the other candidates. Porter stated
Caleb Baucom is the only candidate who reached out to him and is the individual that he would put forth
for consideration. Duke replied he agreed with Dahl and would prefer not to vote for anyone he does not
know anything about.
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Council Action
A motion was made by Mayor pro tem Forrester, seconded by Councilman Dahl, to take no action on
Resolution No. 2019-34(R) casting a vote for candidate(s) to the Board of Directors of the Rockwall
Central Appraisal District for a two-year term beginning January 1, 2020. A vote was taken and motion
passed 6-0 with Councilman Wallis absent.
READING OF ORDINANCES
City Secretary Storm read the caption to Ordinance Nos. 2019-37, 2019-38, and 2019-39 into the official
record.
ADJOURNMENT
A motion was made by Councilman Duke, seconded by Councilman Dahl,to adjourn the meeting at 8:37
p.m. A vote was taken and motion passed 6-0 with Councilman Wallis absent.
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Wylie City Council
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