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06-09-2020 (City Council) Minutes Wylie City Council CITY OF Minutes Regular Meeting June 9,2020—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 6:00 p.m. The following City Council members were present: Councilman David R. Duke, Councilman Matthew Porter, Mayor pro tern Jeff Forrester, Councilwoman Candy Arrington, Councilman Timothy T. Wallis, and Councilman David Dahl. Staff present included: City Manager Chris Holsted (via telephone); Assistant City Manager Brent Parker; Assistant City Manager Renae 011ie; Police Chief Anthony Henderson; Assistant Fire Chief Brian Ritter; Public Information Officer Craig Kelly; Planning Manager Jasen Haskins; Parks and Recreation Director Robert Diaz;Finance Director Melissa Beard; Human Resources Director Lety Yanez;City Attorney Richard Abernathy; and City Secretary Stephanie Storm. INVOCATION&PLEDGE OF ALLEGIANCE Mayor Hogue led those in attendance in a moment of silence to remember all the families involved and for everything happening around the world. Mayor Hogue led the Pledge of Allegiance. PRESENTATIONS • Presentation to retiring Library Director,Rachel Orozco. Mayor Hogue presented a proclamation designating June 11, 2020 as"Rachel Orozco Day" in the City of Wylie. He noted her 15 years of service while serving as Library Director for the City of Wylie. CITIZEN COMMENTS ON NON-AGENDA ITEMS Gwendolyn Falls and John Onufreiczuk addressed Council with concerns regarding an email about women praying at City Council meetings that had been sent by Mayor Hogue to Mayor pro tern Forrester and expressed concerns with having a street named after Mayor Hogue. Barbara Coombs addressed Council asking what questions about City management and qualifications. Minutes June 9,2020 Wylie City Council Page 1 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 May 26, 2020 Regular Meeting and Work Session of the Wylie City Council. (S. Storm, City Secretary) B. Consider,and act upon,a final plat for Collins Industrial establishing two ETJ lots on 5.0 acres, generally located on Bozman Road, 500' east of FM 544/Stone Road in the City of Wylie's Extraterritorial Jurisdiction. (J. Haskins, Planning Manager) C. Consider, and act upon, a final plat for Stone Ranch Phase 2, establishing 84 residential lots on 20.808 acres,generally located on Alanis Drive, 1800' west of South Ballard Avenue. (J. Haskins, Planning Manager) D. Consider,and act upon, a preliminary plat for Ballers Elite,establishing one commercial lot on 0.620 acres,located at 1400 Martinez Lane. (J. Haskins, Planning Manager) E. Consider, and act upon, Ordinance No. 2020-36 amending Ordinance No. 2019-27, which established the budget for fiscal year 2019-2020;providing for repealing,savings and severability clauses; and providing for an effective date of this ordinance. (M. Beard, Finance Director) F. Consider, and act upon, the purchase and installation of Wylie Public Safety Communications Center Consoles from Russ Bassett Corporation in the amount of $156,518.75 through a cooperative purchasing contract with the Houston-Galveston Area Council (HGAC), and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) Council Action A motion was made by Councilman Duke, seconded by Councilman Dahl,to approve the Consent Agenda as presented. A vote was taken and motion passed 7-0. Interview of Board of Ethics Applicants: • Mary Harris • Shareem Taylor—Current member Council interviewed the following applicant: Mary Harris City Secretary Storm announced that Shareem Taylor had withdrawn her application from consideration. Mayor Hogue convened the Council into Executive Session at 6:24 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 Minutes June 9,2020 Wylie City Council Page 2 (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. • Receive legal advice regarding PUC Docket No. 46662 pending before the Public Utility Commission of Texas in the case styled Petition of the Cities of Garland,Mesquite,Plano,and Richardson appealing the decision by North Texas Municipal Water District affecting wholesale water rates. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue convened the Council into Open Session at 7:29 p.m. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilwoman Arrington,to authorize the City Manager and City Attorney to work towards resolution of a PUCT Docket Nos.46662,47863,and 49043 that results in an amendatory contract with the member cities and the North Texas Municipal Water District. A vote was taken and the motion passed 7-0. REGULAR AGENDA 1. Consider,and act upon,appointments to fill the Board of Ethics vacancies for a term to begin July 1, 2020 and end June 30,2022. (S. Storm, City Secretary) Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter,to reappoint Anthony Taylor as a holdover, and appoint Marry Harris and Joseph Hama to the Board of Ethics for a term to begin July 1, 2020 and end June 30, 2020.A vote was taken and the motion passed 7-0. 2. Consider,and act upon,the recommendations of the 2020 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 1,2020 and end June 30,2022/23. (S. Storm, City Secretary) Council Discussion Mayor Hogue asked the Board and Commission Interview Panel Chair Forrester for recommendations. The following recommendations were acted upon and approved. Councilman Porter announced he had completed a Conflict of Interest form and was stepping out of the Council Chambers for the Animal Shelter Advisory Board appointments due to his wife being under consideration as an applicant. Councilman Porter stepped out of the Council Chambers during the discussion and vote at 7:32 p.m. Hogue asked if any member of the City Council wished to serve on the Animal Shelter Advisory Board to fill the public official position being vacated by Councilman Dahl. Forrester stated he would be willing to serve. Council Action Minutes June 9,2020 Wylie City Council Page 3 A motion was made by Mayor pro tern Forrester, seconded by Councilman Dahl to appoint the following members to the Animal Shelter Advisory Board: re-appoint Brad Abraham and Amber Porter; appoint Jeff Stillinger to replace Brad Boozer,and appoint Michael Rosenberg as replacement one and Christopher Morris as replacement two.A vote was taken and the motion passed 6-0 with Councilman Porter abstaining(Conflict of Interest form on file). Councilman Porter returned to the meeting at 7:34 p.m. A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter to appoint the following members to the Construction Code Board(two-year terms): appoint Kathleen Kender to replace Asher Almas and Benjamin Spotswood to replace John Straube as alternates; appoint Paul Kunze to replace Brett Swendig; re-appoint Eugene Hauptmann; and appoint Jason Pyka to replace Sunil Verma. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis to appoint the following members to the Historic Review Commission(two-year terms): appoint Frank Besadesky to replace Deborah Hall; appoint Jesse Hale to replace Kevin Finnell; appoint Melissa Kenfield to replace Sandra Stone; and appoint Eugene Hauptmann as replacement one and Kali Patton as replacement two. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke to appoint the following members to the Library Board(two-year terms): appoint Toshia Kimball to replace Kenneth Cash; re-appoint Irene Chavira; appoint Heather Hughes as replacement one and Lisa Frederick as replacement two. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter to appoint the following members to the Parks and Recreation Board (two-year terms): re-appoint Craig Allen and Joni Robinson; appoint Kimberly Mullis to replace Emmet Jones and Kevin Stewart to replace Matt Rose; appoint Quincy Johnson as replacement one and Justin Dumlao as replacement two. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Dahl to appoint the following members to the Parks and Recreation 4B Board (two-year terms): appoint Candy Arrington and Timothy Wallis; and re-appoint Matthew Porter. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis to appoint the following members to the Planning and Zoning Commission (two-year terms): re-appoint Charla Rifler; appoint Dan Norris to replace Ron Smith; appoint Taylor Newsom to replace Randy Owens; re-appoint Cory Plunk; and appoint Jacques Loraine III as replacement one and Ashley Titsworth as replacement two. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter to appoint the following members to the Public Arts Advisory Board(two-year terms):re-appoint Michael Schwerin and Lily Courtney; appoint Christina Null to replace Marjorie Bennett; appoint Steven Shank to replace Ross Grant; and appoint Kenyatta Dawson as replacement one and Stefanie Tignor as replacement two. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Dahl to appoint the following member to the Wylie Economic Development Corporation Board(three-year terms):re-appoint Tim Gilchrist. A vote was taken and the motion passed 7-0. A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke to appoint the following members to the Zoning Board of Adjustment (two-year terms): appoint Richard Covington to replace Jason Minutes June 9,2020 Wylie City Council Page 4 Potts; appoint Andrew Wight to replace Andres Gonzalez; re-appoint Byron Betler and Robert Blair; and appoint Kevin Smith as alternate one. A vote was taken and the motion passed 7-0. Mayor Hogue thanked members of the 2020 Boards and Commissions Interview Panel (Mayor pro tern Forrester, Councilman Porter, and Councilman Duke). Hogue also thanked the citizens for their service on the Boards and Commissions over the years, and welcomed the new board members. Tabled from 05-26-2020 Remove from table and consider Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Dahl, to remove Item 3 from the table. A vote was taken and the motion passed 6-1 with Councilman Duke voting against. 3.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 community on 47.29 acres generally located on Country Club Road 1900' south of Parker Road.(ZC2020-05) (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to rezone a little under 50 acres located at 2301 FM 1378. The property is currently zoned Agricultural and the applicant is requesting rezoning to Planned Development to allow for a mixed-use community. The planned development contains four sub-districts that are proposed to contain a mix of commercial, multi-family, residential, and open space uses. A Traffic Impact Analysis was conducted and the TIA concluded that the proposed development does not have a disproportionate effect on the existing vehicle traffic operations and that the proposed site driveways provide the appropriate level of access for the development. Haskins reported fourteen notifications were mailed to property owners receiving one in favor and four in opposition, in which all are property owners located outside of City limits. The Commissioners expressed concerns regarding the following: the amount of parking within the multifamily subdistrict in which the applicant originally presented at 1.7 spaces per unit and changed to two after the meeting, parking at the trailhead as the trail is a public space and the applicant agreed to at the meeting, dwelling size on the single family lot as it was originally only set a minimum dwelling size of 1,600 and applicant agreed to add a percentage at a larger size, and the overall density of the development. Public comments expressed concerns about the density of the development,added traffic,and screening along the northeast side of the development in which the applicant agreed to add a living screen in this area. Applicant Comments Bill Dahlstrom, applicant, addressed Council with a presentation showing aerial views of the property, the zoning map of the areas around the property,the development proposal,the proposal for the park dedication, a site plan, and concept imagery of the multi-family and commercial units. Public Hearing Mayor Hogue continued the public hearing on Item 3 at 8:00 p.m. asking anyone present wishing to address Council to come forward. Barbara Coombs, Jerry Smith, John Pototschnik, Andrew Rodriguez, Karl Dornseifer, Todd Pickens, Terri Thurmond,Shawn Powers,Becca Pickens,and Kelly Hankey addressed Council with concerns which included the potential traffic increase, the density of the development, overcrowding of Smith Elementary, losing the small town feel, and the walking trail location. Catherine Butschek addressed Council in support of the proposed development. Minutes June 9,2020 Wylie City Council Page 5 Council Comments Hogue asked why small lots.Dahlstrom responded there is a market for less maintenance and high-end quality homes. Hogue asked what the retail would be.Dahlstrom responded the proposed retail would be office space and potentially a restaurant. Arrington, Forrester, Porter, and Wallis expressed concerns with density, traffic, and parkland dedication of floodplain land. Forrester asked if they have contacted the school district. Dahlstrom replied they have tried contacting the school district but have not heard back from them.Dahlstrom stated they were not aware that the unit sizes were an issue until this evening and they could increase the size if that is Council's desire. Porter expressed concerns with the small lot sizes and for not having had a conversation with the school district.Terry Heinz,commercial real estate broker,addressed Council and stated he has been working on this project for four years and he did reach out to the school district and shared the traffic impact study with them. Heinz stated the school did not wish to work with the developer and does not want the development. Heinz stated they have tried to eliminate the density and traffic issues and stated that the small lot size single-family homes and the proposed apartments, mostly one-bedroom and some two- bedroom, do not generate more students. Wallis asked about the applicant saying they did not receive a response from the school and then Mr. Heinz stating the school did not want the development. Dahlstrom responded he was not aware that Mr. Heinz spoke with the school district. Wallis expressed concerns with potential drainage issues near the floodplain and pond.Dahlstrom stated those issues will be addressed during the development process.Arrington stated she would encourage the developer to reach out to the school district again. Dahlstrom stated they have worked hard on this project and regarding the density concerns, they need the density to make this a successful development and feels the density is consistent with a good high-quality development.Dahl asked why the multi-family is something that should be considered for Wylie.John Allums, representing Capstar Real Estate,addressed Council stating looking at the comp market,the City does not have a lot of apartments, the market is a good market, and has a good location being close to Parker Road. Allums stated the average cost of the apai tuients would be around $1,300 a month and are looking at attracting an income of$48,000-$75,000 a year. Dahl stated he has the same concerns with the size of homes and density, and would encourage considering looking at the development and putting the trail around the pond making it a destination pond. Dahl stated he can see the need for additional retail closer to Parker Road, but is uncomfortable with the fact that the school district is not on board. Dahlstrom stated based on the feedback received this evening they would request additional time to look into the following issues: lot and unit sizes, contact the school district,and look at the concerns raised regarding the parkland and bring back to the Council. Mayor Hogue closed the public hearing at 9:05 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilman Wallis,to deny a change of zoning from Agricultural(AG)to Planned Development(PD),to allow for a mixed-use community on 47.29 acres generally located on Country Club Road 1900' south of Parker Road (ZC2020-05). A vote was taken and the motion passed 6-1 with Councilman Dahl voting against. 4. Hold a Public Hearing, consider, and act upon, a change of zoning from Single-Family 10 District (SF-10/24)to Planned Development(PD),to allow for a Townhome community and commercial uses on 6.55 acres generally located on the northeast corner of West Brown Street and Sanden Boulevard. (ZC2020-06) (J. Haskins, Planning Manager) Staff Comments Planning Manager Haskins addressed Council stating the applicant is requesting to rezone 6.55 acres located on the northeast corner of West Brown Street and Sanden Boulevard. The property is currently zoned Single- Family SF 10/24 and the applicant is requesting rezoning to a Planned Development is to allow for a mixed- use development with one commercial lot and 39 townhome lots.The proposed average lot size is a little under 3,200 square feet with a range of lot sizes from just under 3,000 to just over 3,500 sf. The proposed minimum allowed dwelling unit size is 1,400 sf. The garage size is proposed to be a minimum of 400 sf. The conditions Minutes June 9,2020 Wylie City Council Page 6 of the PD also propose to allow for the townhomes to be built with 50%brick or stone and to allow 5% EFIS, wood, or vinyl. Haskins stated the proposed commercial tract is just under an acre and is looking at a commercial building just under 6,000 sf.The residential and commercial tracts shall be required to be built concurrently with stipulations contained within the PD. All private streets shall be maintained by the developments HOA. Haskins reported thirteen notifications were mailed;with one response received in favor and one in opposition of the request. After some questions regarding the detention pond, open space enhancements, and elevations the Commission voted 4-0 to recommend approval. The applicant has requested to give a presentation. Applicant Comments Bill Perman, Engineer, and Tauheed Siddiqui, applicant, gave a brief presentation to Council regarding the mixed-use development on the townhomes and commercial offices addressing the following areas:the planned development strategy, the residential townhomes features, residential townhomes sample elevations, residential townhouses interior samples, commercial office features, and neighborhood commercial office samples. Perman and Siddiqui answered questions from Council regarding the screening wall and the 50% masonry. Public Hearing Mayor Hogue opened the public hearing on Item 4 at 9:22 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 at 9:24 p.m. Staff Comments Haskins addressed Council stating the City would need to do a development agreement before the ordinance would be approved if that is Council's desire to make sure the building materials are in effect enforceable. Porter asked if the developers would be open to a development agreement. The applicant said they would be open to that condition for approval. City Attorney Richard Abernathy said there is a building material statute that was passed in September 2019 which prohibits the City from having building material standards different from the last three building codes. One of the exemptions is if the parties agree in writing even if they are different than the building codes. The applicant stated they would work with staff on the development agreement and request that this item be tabled. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Arrington, to reopen the public hearing and continue it until the July 14 City Council meeting and to table a change of zoning from Single- Family 10 District (SF-10/24) to Planned Development (PD), to allow for a Townhome community and commercial uses on 6.55 acres generally located on the northeast corner of West Brown Street and Sanden Boulevard(ZC2020-06).A vote was taken and the motion passed 7-0. 5. Consider,and act upon,the award of RFP#W2020-74-B for Construction Manager At Risk—Phase 1 to Pogue Construction LLC,for Pre-Construction Services of Wylie Fire Station No.4 in the amount of$30,000.00 and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) Staff Comments Minutes June 9,2020 Wylie City Council Page 7 Purchasing Manager Hayes addressed Council stating the City issued a RFP for a CMAR for the Construction of Wylie Fire Station No. 4. The City received fifteen proposals and based on the reviews, the Evaluation Team recommends the award of an initial Pre-Construction Services agreement to Pogue Construction LLC. Council Action A motion was made by Mayorpro tem Forrester, seconded by Councilman Porter,to award RFP#W2020-74- B for Construction Manager At Risk—Phase 1 to Pogue Construction LLC, for Pre-Construction Services of Wylie Fire Station No.4 in the amount of$30,000.00 and authorizing the City Manager to execute any and all necessary documents.A vote was taken and the motion passed 7-0. 6. Consider, and act upon, accepting a donation to the City in the amount of$5,779 from the Catholic Foundation to the Estate of Rita and Truett Smith. (R Orozco, Library Director) Staff Comments Library Director Orozco addressed Council stating the Catholic Foundation of the Estate of Rita and Truett Smith have made a donation to the library to replace furniture in the Teen Room. Council Action A motion was made by Councilwoman Arrington, seconded by Mayorpro tern Forrester,accepting a donation to the City in the amount of$5,779 from the Catholic Foundation to the Estate of Rita and Truett Smith. A vote was taken and the motion passed 7-0. 7. Consider,and act upon,accepting a donation to the City in the amount of$5,480 from the Friends of the Smith Public Library to the Rita and Truett Smith Public Library. (R. Orozco, Library Director) Staff Comments Library Director Orozco addressed Council stating the Friends of the Smith Public Library would like to donate funds to the City to assist with the Chromebooks in the Teen Room. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Arrington, accepting a donation to the City in the amount of$5,480 from the Friends of the Smith Public Library to the Rita and Truett Smith Public Library. A vote was taken and the motion passed 7-0. Mayor Hogue recessed the Council into a break at 9:38 p.m. Mayor Hogue reconvened the Council at 9:45 p.m. Tabled from 05-26-2020 Remove from table and consider Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter,to remove Item 8 from the table. A vote was taken and the motion passed 7-0. 8.Discuss,consider,and take any action on,Resolution No.2020-29(R) modifying 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 Minutes June 9,2020 Wylie City Council Page 8 City Manager Hoisted addressed Council stating this item was tabled from the last meeting so that staff could do research on CARES Act funding. Staff has determined that businesses that received EIDL or PPP funding can receive funds from the City if they can show expenses are above and beyond what they received from federal funding. If it is Council's desire, Council can modify the requirements listed in the Resolution. If Council wishes to fund this out of CARES Act funding then Council should modify Section 4 to state funds from the CARES Act funding instead of the General Fund. Hoisted stated he proposed staff would establish a new application and deny the businesses that received PPP and EIDL funding that already applied and have them submit a new application. The new application would be open for a 14 day period. Council Comments Council discussion and direction was to designate$750,000 from the CARES Act towards business assistance and to leave the award amounts the same to try to assist as many businesses as possible. Council Action A motion was made by Councilman Porter, seconded by Mayor pro tern Forrester,to approve Resolution No. 2020-29(R)modifying 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 with the amendments of striking Section 4 and establishing a sum of$750,000 from the CARES Act that is not limited by type of business and eliminating exclusion Number 2 that a business is ineligible if it has received assistance from the Paycheck Protection Program or an Economic Injury Disaster Loan and adding a criteria that businesses must show that losses exceed any money already received under the Paycheck Protection Program,Economic Injury Disaster Loan,or other federal funding already received,and give staff direction to make those changes and present to the Mayor for signature.A vote was taken and the motion passed 7-0. 9. Consider,and act upon,Ordinance No.2020-37 amending Ordinance No.2019-27,which established the budget for fiscal year 2019-2020; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Beard, Finance Director) Staff Comments Finance Director Beard addressed Council stating Council recently approved an inter-local agreement with Collin County enabling the City to receive a little over $2.4mm in funding under the County's Emergency Program for Direct Cost Expended by Municipalities to address and respond to COVID-19. Beard reported a new fund was established in the City's general ledger in order to accurately track the receipt of this funding and expenditures related to it.This budget amendment establishes the initial budget for this new fund including expenditures already incurred, as well as, allocating funding for future qualifying expenditures. This budget amendment also reverses the reallocation of$100,000 from the General Fund Combined Services depai intent to the Fire Department. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Porter,to approve Ordinance No. 2020-37 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 for an effective date of this ordinance.A vote was taken and the motion passed 7-0. 10. Consider, and act upon, Ordinance No.2020-38 amending Ordinance Nos. 2020-24,2020-25, 2020- 26, 2020-29,2020-31, and 2020-35 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. Hoisted, City Manager) Minutes June 9,2020 Wylie City Council Page 9 Staff Comments City Manager Hoisted addressed Council stating on June 3 the Governor issued his latest executive order. The City's is scheduled to expire this evening at 11:59 p.m. Hoisted requested that if Council chooses to extend the City's, staff is recommending to remove Section 16. Council Action A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve Ordinance No. 2020-38 amending Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, and 2020-35 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 following amendments to strike Section 16 in total and to change the end date to July 28 at 11:59 p.m and give staff direction to make the stated changes and present to the Mayor for signature. A vote was taken and the motion passed 7-0. Mayor Hogue convened the Council into Work Session at 10:27 p.m. WORK SESSION • Discuss City of Wylie Code of Ethics. (C. Hoisted, City Manager) City Manager Hoisted stated there are a few items that need to be discussed and cleaned up in the Code of Ethics and tonight staff is seeking direction from Council to see if they would like staff and the City Attorney to work together to bring back suggestions at a future meeting. City Attorney Abernathy stated he would need feedback if the Council wants a Code and if the Council does,what topics should be included.Abernathy gave reasons why cities choose to not have a Code of Ethics in place. Consensus of Council was to keep a Code in place and for staff to bring back suggestions and address weaknesses for the City's Code of Ethics. • Discuss City of Wylie Charter amendments. (C. Hoisted, City Manager) City Manager Hoisted stated the last Charter amendment was done quite a few years ago and staff is looking at a proposed May 2021 Charter amendment election. Abernathy stated he recommended bringing together a committee to look at the Charter amendments as the process takes a lot of work and time to review. The recommendations from the committee could come back to Council for review and Council can give guidance to the committee during the process. Abernathy stated the committee can be composed of members from the public that Council appoints.Porter stated there are some items in the Charter that need to be changed because the items were not removed in the last Charter amendment election and are in conflict with State law. Porter asked if there are costs associated with adding a Charter amendment election to an election that the City is already holding in November or May. Storm stated based on communication with Collin County elections there is an additional cost to hold the election, and the Charter amendment propositions would need to be published twice in the newspaper in both English and Spanish. Dahl,Hogue, and Arrington stated they would be interested in seeing the committee be put together after the November election to allow the incoming Council members to appoint the committee members, and not the two outgoing Council members.Abernathy responded to appoint a committee after the November election and to hold the Charter amendment election in May is a quick turn around. Porter asked for staff to bring back information regarding the estimated cost for publishing in the newspaper. Porter and Duke requested cleaning up some of the blatant items sooner than later. Hogue expressed that he would like to see it cleaned up but the process not rushed. Porter stated if there are major areas that need to be addressed that would be a good place to start and then a committee can go through section by section.Abernathy requested Council provide specific areas that need to be changed within the next week. Storm stated they could share in track changes format, the current City Charter with the City Attorney's office. Consensus of Council was for staff and the City Attorney to bring back potential suggested changes by the July 14 meeting. • AMI Discussion/Presentation from Johnson Controls,Inc. (M. Beard, Finance Director) Minutes June 9,2020 Wylie City Council Page 10 Finance Director Beard addressed Council stating on October 22, 2019, Council approved the Investment Grade Audit agreement with Johnson Controls to determine the feasibility of executing an Energy Savings Performance Contract program to implement an Advanced Metering Infrastructure (AMI) and water meter solution. Over the past 6 months, JCI has worked closely with staff to perform technical audits, change management analysis and water meter accuracy measurements. With this information, they have developed cost estimates and benefit calculations for this project. The presentation by Johnson Controls summarizes the results of the Investment Grade Audit and presents financing options for moving forward with the AMI project. Beard stated staff is requesting Council's preference to finance this project. Harry Romine,representing Johnson Controls, gave a presentation to Council addressing the following areas: Investment Grade Audit results, recommended scope of work, JCI ESPC deliverables,project cost, increased revenues and savings, financing, project benefits, and next steps. Romine addressed the need for Council direction on one of two options: $1.08m down and finance for 15 years or$4m down and finance for 10 years. Romine and Beard addressed questions from Council. Council direction was to put$4m down and finance for 10 years. • Discussion of funding for not-for-profit organizations. (C. Holsted, City Manager) City Manager Holsted stated at the last Council meeting Council discussed funding for not-for-profits.Holsted stated there is a policy, established by Ordinance No. 2005-52 and amended by Ordinance No. 2014-11, in place to give funding for not-for-profits. In order to use the CARES Act funds for not-for-profits,the not-for- profit would have to show an increase impact from COVID-19.Holsted answered questions from Council. Lon Ricker, representing Ricker Dynamics/Insync Exotics/Team Up to Fight Hunger, addressed Council thanking the City for taking this on and spoke on some considerations regarding giving funding to not-for- profits. Council direction was to move forward and allow not-for-profit to submit applications for funding and to utilize the$301,000 set aside for the Small Business Assistance program. • Water/Sewer Rate Study/Presentation from NewGen Strategies & Solutions, LLC. (M. Beard, Finance Director) Michael Sommerdorf,representing NewGen Strategies,gave a presentation to Council on the following items: current study considerations with key considerations on water and wastewater wholesale costs, customer growth forecast, and estimated long-term capital needs; projected rate performance addressing current water and wastewater rates, combined utility performance under current and projected rates, community rate comparisons,residential and commercial comparisons; and discussion and next steps. Sommerdorf answered questions from Council. Porter requested gathering information from other cities on possible rate increases. Wallis asked if improvements could be made to the commercial rates as some are paying less than residential customers. • FY 20-21 Budget Work Session. (C. Holsted, City Manager/M. Beard, Finance Director) City Manager Holsted stated this year staff started with a $0 base budget and the base budget is down from this current year's base budget. Holsted stated in the packet are requested packages from the departments and these will be discussed at the meetings in July. Holsted stated staff is not planning on departments giving budget presentations in July, but directors will be at the meeting to answer any questions. Council confirmed they were okay with that.Holsted started speaking on employees insurance. Councilman Porter announced he was stepping out of the Council Chambers for the insurance discussion as he works for a company that offers an insurance product(Porter completed a Conflict of Interest form with the City Secretary).Councilman Porter stepped out of the Council Chambers during the discussion. Holsted reported Aetna approached the City with no increase to the City's rate;however,to offer a second plan to employees that is a smaller network and would Minutes June 9,2020 Wylie City Council Page 11 result in a cost savings to the City and the employee. Council direction was for staff to provide the plan documents to Council for review. Councilman Porter returned to the meeting at 12:39 p.m. • Discuss Extraterritorial Jurisdiction and city limits surrounding Lavon Lake.(R 011ie,Asst. City Manager) Council gave direction to move this work session to the June 23, 2020 City Council meeting. READING OF ORDINANCE City Secretary Storm read the captions to Ordinance Nos. 2020-36, 2020-37, and 2020-38 into the official record. ADJOURNMENT A motion was made by Mayor pro tern Forrester, seconded by Councilman Wallis, to adjourn the meeting at 12:41 a.m. A vote was taken and motion passed 7-0. Eric Hogue, a o ATTEST: Tina Link,Deputy City Secretary rt \ I Tj 1 inac }ff dJri Minutes June 9,2020 Wylie City Council Page 12