04-28-2020 (City Council) Minutes Wylie City Council
CITY OF
WYLIE
Minutes
Regular Meeting
April 28, 2020—6:00 p.m.
Wylie Municipal Complex—Council Chambers
300 Country Club Road,Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Mayor Eric Hogue called the regular meeting to order at 6:02 p.m. The following City Council members
were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tem Jeff Forrester,
Councilwoman Candy Arrington, Councilman Timothy T. Wallis,and Councilman David Dahl.
Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City
Manager Renae 011ie; Assistant Police Chief Tommy Walters; Fire Chief Brandon Blythe; Public
Information Officer Craig Kelly; Planning Manager Jasen Haskins; and City Secretary Stephanie Storm.
INVOCATION&PLEDGE OF ALLEGIANCE
Councilman Dahl gave the invocation and Councilman Duke led the Pledge of Allegiance.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
City Secretary Storm read aloud citizen comment forms submitted electronically. They included:
Bruce Moilan thanking City of Wylie officials who continue to provide City services, keep information
updated, and the City safe; Richard Norris,Kassandra Braithwaite, Christy, Mark Calderon, and Bryan Cook
expressing concerns with the use of taxpayer funds and asking questions related to placing sand on the skate
park; Kathryn Johnson, Melissa Auer, and Shawna Tucker requesting Council to reopen salons; and Jal
Dennis requesting the release of City and EDC financials, the resignation of Mayor Hogue, and that any
presentation of any project being suggested by the EDC be rejected if it has any appearance of self-dealing or
conflicts of interest by anyone.
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 April 14, 2020 Regular Meeting of the Wylie
City Council. (S. Storm, City Secretary)
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B. Consider, and act upon, a Final Plat of Collin College Wylie, creating two Business Government
lots on 96.524 acres,located at 391 Country Club Road. (J. Haskins, Planning Manager)
C. Consider,and act upon,a Final Plat for Pheasant Creek Mixed Use Addition to establish 33 single-
family attached lots, one commercial lot, and two open space lots on 4.825 acres, property
generally located north of the intersection of County Line Road and Neva Lane. (J. Haskins,
Planning Manager)
D. Consider, and act upon, a Preliminary Plat for Gregorian Homes, establishing one single-family
residential lot on 1.524 acres,located at 605 Parker Road. (J. Haskins, Planning Manager)
E. Consider, and act upon, a Final Plat for Gregorian Homes, establishing one single-family
residential lot on 1.524 acres,located at 605 Parker Road. (J. Haskins, Planning Manager)
F. Consider, and act upon, a Final Plat of Wylie Industrial Park Lots 19R, 19X and 20R, Block A,
being a replat of Lots 16, 17, 18, 19, and 20, creating three lots on approximately 1.579 acres,
located at and adjacent to 703 Cooper Drive. (I Haskins, Planning Manager)
G. Consider, and act upon, authorizing the Mayor to enter into a Cooperative Agreement for
additional law enforcement services, between the City of Wylie, Lavon Lake, Texas initiates
Agreement No. W9126G20P0035 and the U.S. Army Corps of Engineers. This agreement is for
the provisions of additional Law enforcement Services from May 16, 2020 through September 12,
2020 for a sum not to exceed $43,247.82. (A. Henderson, Police Chief)
H. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for
March 31,2020. (M. Beard, Finance Director)
I. Consider,and place on file, the City of Wylie Monthly Investment Report for March 31,2020. (M.
Beard, Finance Director)
J. Consider,and act upon,Resolution No. 2020-23(R),finding that Oncor Electric Delivery Company
LLC'S application for approval to amend its distribution cost recovery factor to increase
distribution rates within the City should be denied; authorizing participation with Oncor Cities
Steering Committee; authorizing the hiring of legal counsel and consulting services; finding that
the city's reasonable rate case expenses shall be reimbursed by the company; finding that the
meeting at which this resolution is passed is open to the public as required by law; requiring notice
of this resolution to the company and legal counsel. (C. Holsted, City Manager)
K. Consider,and place on file,the monthly Revenue and Expenditure Report for the Wylie Economic
Development Corporation as of March 31,2020. (J. Greiner, WEDC Director)
L. Consider, and act upon, Resolution No. 2020-24(R) authorizing the Mayor to execute a Project
Specific Agreement RE: Roadway Striping for Type "E" Roadway — Made Pursuant to Dallas
County's Master Road and Bridge Interlocal Maintenance Agreement between Dallas County and
City of Wylie,Texas. (T. Porter, Public Works Director)
M. Consider, and act upon, the award of bid #W2020-21-B for City of Wylie Twin Lakes Park Trail
Project to GT Construction Inc. in the amount of$279,421.00, and authorizing the City Manager
to execute any and all necessary documents. (G. Hayes, Purchasing Manager)
Mayor pro tern Forrester requested Agenda Item M be pulled from Consent and considered individually. The
consensus of Council was to consider Item M individually.
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Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve Consent
Agenda Items A through L as presented. A vote was taken and motion passed 7-0.
REGULAR AGENDA
M. Consider, and act upon, the award of bid #W2020-21-B for City of Wylie Twin Lakes Park Trail
Project to GT Construction Inc. in the amount of$279,421.00, and authorizing the City Manager
to execute any and all necessary documents. (G. Hayes, Purchasing Manager)
Council Comments
Mayor pro tem Forrester asked if county or state funding was received for this project. Hoisted stated the
City was awarded $60,000 from Collin County Parks and Open Space for the project and the remaining
funds are from the City's budget.
Council Action
A motion was made by Councilman Dahl, seconded by Mayor pro tern Forrester, to approve Consent Item
M. A vote was taken and motion passed 7-0.
Tabled from 04-14-2020
Remove from table and consider
Council Action
A motion was made by Councilman Porter, seconded by Councilman Duke, to remove Item 1 from the table.
A vote was taken and motion passed 7-0.
1. Hold a Public Hearing, consider, and act upon, a change of zoning from Agricultural (AG) to
Planned Development(PD),to allow for a mixed-use senior residential community on 24.5 acres
located at 1751 McMillen Road. (ZC 2020-02) (J. Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating the applicant is requesting to rezone 24.5 acres located
at 1751 McMillen Road. The reason for the requested rezoning to a Planned Development is to allow for an
age-restricted mixed-use senior residential community. The Planned Development contains three subdistricts
that are proposed to contain different categories of residential development for senior living, a single-family
district, a townhome district, and a multi-care district a single building with a mix of apartments and
associated commercial uses such as a financial institution, medical clinic,health club, dry cleaners, and such.
Haskins reported that access to this development will be provided by private roads that have entrances from
both McMillen Road and FM 1378. All of the private roads will be striped and labeled as fire lanes. This
development will be providing a variety of landscaping open space areas with trails, benches, fitness stations
and picnic tables. Haskins reported 23 notifications were mailed; with one response in favor and one in
opposition of the request. The Commission voted to recommend approval 6-0.
Applicant Comments
Bill Dahlstrom, representing the applicant, addressed Council giving a brief presentation on the proposed
mixed-use senior residential community.
Council Comments
Mayor Hogue asked where else they have done communities similar to this. Donald Ping, applicant,
responded this project is a little different than what has been done in past projects with the residential
incorporated with it. Forrester asked the square footage of the commercial space and the single-family
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homes. Ping responded around 1,200 to 1,500 square feet for the commercial space and about 1,100 to 2,000
square feet for the single-family homes. Forrester asked what impact this development would have on the
traffic flow on McMillen Road and whether we have any plans in the works to include the property offset
needed for the McMillen expansion at the same time. Haskins responded the City Project Engineer reviewed
the information and a Traffic Impact Analysis (TIA) was not initiated because this community would not
generate a lot of traffic and would not have an effect on the flow of traffic. Hoisted responded the applicant
would have to dedicate the right-of-way for McMillen Road in the plat, and the applicant would pay water,
sewer, and thoroughfare impact fees. Porter confirmed the applicant is requesting to reduce the single-family
lot size from our standard requirements. Haskins confirmed that is correct. Porter stated there will be traffic
generated from the single-family homes, townhomes, and the multi-care facility that are not in memory care.
Haskins stated a TIA can be completed if Council desires. Hogue asked what the timing is on the buildings;
and whether the City has a guarantee that the memory care facility will be built. Ping responded the whole
project will be constructed concurrently. Porter asked if the applicant would be opposed to a provision that
stated they would not get a Certificate of Occupancy(CO) for the single and multi-family homes until a CO
is obtained for the multi-care building. Ping responded he did not see a problem with that. Forrester asked
how the HOA would be structured. Ping responded the single-family homes will be one HOA and the
remainder of the project would be managed by the operator. Wallis asked whether, if the PD is approved and
the applicant backed out, the zoning would return to AG 30. Haskins responded if approved with the
development schedule, the zoning would stay, regardless of who owns the property and would stay a PD and
would have to be built similar to the development schedule, or they would have to do a request to rezone.
Wallis asked about the TIA and Haskins responded it could be part of the platting. Porter expressed concerns
with the zoning not reverting back, which would allow a new owner, if the property was sold, to have rights
to other options not being presented by the current applicant as long as they meet the PD requirements.
Haskins responded it could revert or tie back to the square footage with specified uses. 011ie responded
Council could tie the Concept Plan to the Ordinance to alleviate the concerns.
Public Hearing
Mayor Hogue continued the public hearing on Item 1 at 6:44 p.m. asking anyone present wishing to address
Council to come forward.
No one came forward for the public hearing.
Mayor Hogue closed the public hearing on Item 1 at 6:44 p.m.
Council Action
A motion was made by Councilman Porter, seconded by Mayor pro tern Forrester, to approve a change of
zoning from Agricultural (AG) to Planned Development (PD), to allow for a mixed-use senior residential
community on 24.5 acres located at 1751 McMillen Road with the provisions that the CO for the single-
family and multi-family cannot be obtained until the multi-care facility obtains the CO, and that ties the
Concept Plan to the zoning, and that ties the traffic impact analysis to the platting of the property rather than
to the planned development. A vote was taken and the motion passed 6-1 with Councilman Wallis voting
against.
2. Discuss, consider, and take any action on, Resolution No. 2020-25(R) establishing a small
business assistance program to provide immediate, short-term financial aid to qualified small
businesses in the City of Wylie. (C. Hoisted, City Manager)
Staff Comments
City Manager Holsted addressed Council stating staff received a request from Council for this agenda item
and have prepared a draft Resolution for Council consideration. Holsted reported cities are starting to
provide assistance to local businesses that would be on a first-come, first-served basis if the criteria is met.
Holsted reported $100,000 has been proposed for the program. If awarded a grant the recipient would have
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to execute a Chapter 380 agreement to receive the funds. Hoisted requested input from Council on the
designated dollar amount(s)and criteria.
Council Comments
Hogue asked where the $100,000 is coming from. Hoisted reported that it would come out of the General
Fund Combined Services budget. Forrester asked what the total amount of funds is in Combined Services
and will it roll over at the end of the budget year into the fund balance. Hoisted reported a little over
$300,000. Dahl asked what normally comes out of Combined Services. Hoisted replied it is a place holder
for any merit/salary increases,money to balance the budget, and insurance.
Citizen Comments
Gino Mulliqi,with Napoli's Italian restaurant, addressed Council thanking them for this initiative and stated
there are a lot of businesses that can benefit from this. Regarding the criteria, Mulliqi expressed his opinion
that if a company is receiving PPP or EIDL or are a franchise they should not qualify.
Barbara Hodge, with Deanan Gourmet Popcorn, addressed Council requesting any assistance and stated she
agreed with Mulliqi that if a company is receiving PPP or EIDL they should not qualify. Hodge stated their
sales are down 91%with the closing of schools,churches, and sports leagues.
Mike Agnew, with the Wylie Chamber of Commerce, addressed Council thanking them for considering this
program and stated anything can help make a difference.
City Secretary Storm read aloud citizen comment forms submitted electronically. They included:
Melissa Kenfield posed questions and requested clarification on the proposed draft Resolution, and stated
she does favor this type of program and hopes that necessary changes can be made to make the program
work well for small businesses.
Erica Agudo, with VA Academy Jiu-Jitsu Fitness, expressed support for establishing a small business
assistance program and requested that Council include businesses like theirs that have been left out of other
assistance.
DeDe Burke stated regarding opening hair salons, they could sanitize before and after each client, practice
social distancing, and stated sole proprietors are not qualifying for SBA or PPP loans because they don't
have employees,but still have bills to pay and any amount of money could make a difference.
Keri Godfrey stated opening salons can be done with sanitizing and safety measures in place and that their
industry has been hit hard, many of them have not received help from the resources that are supposed to
help,and many are at risk of losing their businesses.
Saundra Tucker stated her salon is being financially impacted and is confident that her industry can use extra
precautions and follow CDC guidelines to maintain the health of the employees and clients.
Marvin Fuller addressed Council thanking them for the support of this program.
Council Comments
Hogue stated in his opinion, these actions would be needed: allow plenty of time with a set date so that
everyone knows about the program; allocate more than $100,000 for the program; and establish criteria on
what is considered a business. Forrester agreed that more than $100,000 needs to be allocated, businesses
that have received the PPP and EIDL should not be able to qualify, the amount should not exceed the loss,
criteria should be established regarding what constitutes a business, and a date/time needs to be known and
promoted ahead of time. Porter stated he recommended looking at an amount at closer to $300,000 allocated
and would like to get input from Council on the criteria.Arrington stated she agreed with everything that had
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been said, with the amount allocated being at least $250,000 and look at a tier-based funding dependent on
the number of employees. Duke stated he agreed and wanted Council to take action sooner than later. Wallis
agreed with Arrington on tier-based funding dependent on the small business size. Dahl stated he agreed
with the higher dollar amount, agreed with tiers, supported having a section for businesses with over 20
employees so that they can be assisted as well, and that the business needs to reside within City limits. Porter
stated money could be designated in separate buckets depending on the business size.Porter stated the longer
we drag this out,the more businesses are going to have to let go of employees and potentially not able to pay
rent. We have a starting place; can we walk through and discuss step by step the requirements that need to be
in place. Hoisted stated there is a risk if you make too many changes and the public was not given the
opportunity to speak on the item before voted on. Forrester asked about posting an emergency meeting for
this item. Hogue asked if Council was okay with giving staff direction tonight and tabling this item until
Monday. Wallis asked about Friday evening. Storm requested we confirm that this item would qualify as an
emergency item and would be allowed to be posted within the 72-hour posting requirements as an
emergency meeting.
Mayor Hogue recessed the Council into a break at 7:37 p.m.
Mayor Hogue reconvened the Council into Regular Session at 7:52 p.m.
Storm read aloud Local Government Code, Chapter 551.045. Dahl and Porter stated the City is under a
declared state of emergency and this item is a result of the emergency. Duke and Forrester stated a document
needed to be passed tonight so that staff can begin moving forward with this program. Hoisted clarified there
are risks both ways. Arrington and Dahl expressed concerns with making decisions with unknown
information and would not want to rush through drafting this information without additional information.
Hogue confirmed staff needs the dollar amount allotted, the criteria of the categories, and when Council
would want it launched. Hoisted confirmed that was correct, and staff also needed to know whether, if the
business shuts down, Council would want to recoup the money and whether the business needs to stay open
a specific time after receiving the grant. Porter stated he understood the risk and concerns but there have
been several weeks to review the information and stated we have a lot of people that need help and to take a
risk to help people is a risk he is willing to take and felt it needed to be designed and voted on this evening.
Hogue stated it sounds like there is a risk either way so let's go ahead and do it tonight.
Jason Greiner responded to questions posed by Council regarding financial assistance and businesses.
Council discussed allowing locally owned franchises that are responsible on a local level for all revenue and
expenses, not covered by corporate funding,to apply.
Janet Aaron, with Deanan Gourmet Popcorn, addressed Council suggesting that, regarding franchises, the
criteria could state that if the company has more than 50 employees within the organization, it would not
qualify.
Tom Ambrose addressed Council asking if the awards would be made public. Hogue responded yes it would
be public record if requested.
Jeremy Meier addressed Council stating a lot of this information will be on an honor system as some of the
sole proprietors may not have required documentation.
Council discussed specific criteria for the companies to qualify, whether the City wants to recoup the money
if the business does not stay open for a set amount of time, and establishing a review committee.
Council Action
A motion was made by Councilman Porter, seconded by Mayor pro tem Forrester,to approve Resolution No.
2020-25(R) establishing a small business assistance program to provide immediate, short-term financial aid
to qualified small businesses in the City of Wylie in the amount of$301,000 and authorizing staff to make
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the discussed changes to Exhibit A and present to the Mayor for execution with the following changes: three
tiers would be established with $50,000 for those with 26-50 employees for an amount of up to $5,000 per
business, $200,000 for businesses with 25 or fewer employees with an eligibility of up to $5,000 total per
business, $51,000 for sole proprietors with a maximum of $1,500; Exhibit A would be changed to strike
number 1, and would be changed to include that businesses would be ineligible if they received federal PPP
or EIDL funding; to define that a sole proprietor must prove that their primary place of business is in Wylie;
no companies over 50 employees total would be eligible for this program; no business entity can apply for
more than one tier; we would remove home-based business under the exclusions; we would remove the
lease/mortgage assistance and replace that with a requirement that they must prove a business loss; we would
change that applications would be accepted during a 14-day open period or until funds are exhausted; the
applications will be reviewed by a five-person panel that would include the City Manager, a City Finance
employee, an EDC employee, a Downtown Merchants representative, and a Chamber of Commerce
representative; we will strike the Sustainability portion of Exhibit A; and we will expand required
documentation to include a statement at the discretion of staff for what is necessary. A vote was taken and
the motion passed 7-0.
Holsted stated staff will start advertising and the application will be launched Wednesday, May 6, at 9:00
a.m.
3. Consider,and act upon,the adoption of an Ordinance amending Ordinance Nos.2020-24,2020-
25, and 2020-26, Continuing or Renewing the Mayor's Declaration of Local Disaster for a
Public Health Emergency and establishing new orders to help abate the COVID-19 public
health crisis. (C. Holsted, City Manager)
Staff Comments
City Manager Holsted stated the City's Orders have referred back to the Governor's Executive Order in the
event the Governor makes changes, those changes would apply. The changes in the City's Order are the
parks that are opening and facilities that are staying closed within the City.
Citizen Comments
City Secretary Storm read aloud a citizen comment form submitted electronically from Lauryl Duncan
requesting Council not renew or add new ordinances restricting or limiting individual freedoms or
businesses.
Council Comments
Councilman Porter asked about the temporary structures, Section 12, and enforcement, Section 8, in the
proposed Ordinance. Holsted replied Section 12 could be removed. Assistant Police Chief Walters replied, in
regard to Section 8, if it is removed, only a Class B misdemeanor could be issued, and the police would like
the ability to issue a lower level citation if needed. Walters stated the first step will be to try to obtain
compliance without a citation being issued and reported no enforcement actions or citations have been issued
to date.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Duke, to the adoption of an Ordinance
amending Ordinance Nos. 2020-24, 2020-25, and 2020-26, Continuing or Renewing the Mayor's
Declaration of Local Disaster for a Public Health Emergency and establishing new orders to help abate the
COVID-19 public health crisis with the amendment of removing Section 12 and authorizing staff to make
that change and present it to the Mayor for signature, execution, and publication. A vote was taken and the
motion passed 7-0.
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WORK SESSION
• Clarify term limitations for City Boards and Commissions. (R 011ie,Asst. City Manager)
City Manager Hoisted addressed Council requesting clarification on whether the three-term term limit
restriction was retroactive. Consensus from Council was the three-term term limits were retroactive. Hoisted
stated staff would be bringing back ordinances at a future meeting.
Mayor Hogue convened the Council into Executive Session at 9:49 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Sec. 551.087.DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS;
CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
(1) to discuss or deliberate regarding commercial or financial information that the governmental body
has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or
near the territory of the governmental body and with which the governmental body is conducting economic
development negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by
Subdivision(1).
• Deliberation regarding commercial or financial information that the WEDC has received from
a business prospect and to discuss the offer of incentives for Project 2018-10C, Project 2019-
8B,Project 2020-4a,Project 2020-4b.
Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of
real property if deliberation in an open meeting would have a detrimental effect on its negotiating position.
• Consider the sale or acquisition of properties located at: State Highway 78 & Brown, State
Highway 78&Wylie East.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue convened the Council into Open Session at 10:00 p.m.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Duke, to authorize the Wylie EDC to
enter into a Performance Agreement with Project 2020-4b in an amount not to exceed $50,000. A vote was
taken and the motion passed 7-0.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to authorize the Wylie
EDC to enter into a Performance Agreement with Project 2019-8b in an amount not to exceed $27,500. A
vote was taken and the motion passed 7-0.
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Council Action
A motion was made by Councilman Wallis, seconded by Councilman Porter, to authorize the Wylie EDC to
enter into a Performance Agreement with Project 2018-1Oc. The overall amount of the reimbursement
incentive is not to exceed$104,500.A vote was taken and the motion passed 7-0.
READING OF ORDINANCE
City Secretary Storm read the caption to Ordinance No. 2020-29 into the official record.
ADJOURNMENT
A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter, to adjourn the meeting at
10:02 p.m. A vote was taken and motion passed 7-0.
A
Eric Hogue, .
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ATTEST:
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Stephanie Storm,City Secretary
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