05-26-2020 (City Council) Minutes 1'1 Wylie City Council
WYLI E
Minutes
Regular Meeting
May 26, 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 Hoisted; Assistant City Manager Brent Parker; Assistant City
Manager Renae 011ie; Police Chief Anthony Henderson; Fire Chief Brandon Blythe; Public Information
Officer Craig Kelly; Planning Manager Jasen Haskins; Building Official Bret McCullough; Public Works
Director Tim Porter; Project Engineer Wes Lawson; Parks and Recreation Director Robert Diaz; Finance
Director Melissa Beard; City Attorney Ryan Pittman; and City Secretary Stephanie Storm.
Mayor Hogue read aloud a statement in response to an email sent by himself to Mayor pro tern regarding
women praying at City Council meetings.
INVOCATION&PLEDGE OF ALLEGIANCE
Patty and Bruce Bauman addressed Council speaking about Youth with a Mission(YWAM)Wylie.Members
of their team were present.
Phillip Edwards, representing YWAM Wylie, gave the invocation and Mayor Hogue led the Pledge of
Allegiance.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
Gwendolyn Falls, Hannah Hall, Debbie O'Reilly, and Sean McCaffity 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.
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.
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Wylie City Council
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A. Consider, and act upon, approval of the Minutes of May 12, 2020 Regular Meeting and Work
Session. (S. Storm, City Secretary)
B. Consider, and act upon, a Preliminary Plat for District Commercial Addition, establishing 16
commercial lots and one open space lot on 16.201 acres,generally located on South State Highway
78 approximately 800' south of Alanis Drive. (J. Haskins, Planning Manager)
C. Consider, and act upon, a Preliminary Plat for District Townhomes Addition, establishing 34
residential and four open space lots on 4.165 acres,generally located on South State Highway 78
approximately 1700' south of Alanis Drive. (J. Haskins, Planning Manager)
D. Consider,and place on file,the City of Wylie Monthly Revenue and Expenditure Report for April
30,2020. (M. Beard, Finance Director)
E. Consider,and place on file,the City of Wylie Monthly Investment Report for April 30,2020. (M.
Beard, Finance Director)
F. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of April 30,2020. (J. Greiner, WEDC Director)
G. Consider, and act upon, Ordinance No. 2020-32 to abandon a portion of Right-of-Way being
1,215 sq. ft. of unimproved alley within the J. Truitt Survey,Abstract No. 920, and to waive the
requirement for an appraisal for said right-of-way adjacent to 202 N. 2nd Street. (R 011ie, Asst.
City Manager)
H. Consider,and act upon,Ordinance No.2020-33 to abandon a portion of Right-of-Way being 3—
20' unimproved alleys within the F.De La Pina Survey,Abstract No.688,and 2—70'unimproved
streets, within the J. Truitt Survey, Abstract No. 920, and to waive the requirement for an
appraisal for said right-of-ways consisting of 1.88 acres or approximately 81,713 square feet. (R
011ie,Asst. City Manager)
Consider,and act upon,Ordinance No.2020-34 of the City of Wylie,Texas;amending Ordinance
Nos.2020-03 and 2014-19 and Chapter 2 (Administration),Article III(officers),Division 2(Code
of Ethics),Section 2-57(Board of Ethics)of the City of Wylie Code of Ordinances,Ordinance No.
2005-07, as amended; amending Ordinance Nos. 2020-09 and 2012-29 and Chapter 2
(Administration), Article X (Public Arts Program), Division 2 (Public Arts Advisory Board),
Section 2-342(Number of Members;Appointment;Terms)of the Code of Ordinances;amending
Ordinance Nos.2020-05 and 2013-17 and Chapter 58(Historic Preservation),Article III(Historic
Review Commission), Section 58-53 (Number of Members; Appointment; Terms)of the Code of
Ordinances; amending Ordinance Nos. 2020-02 and 2013-23 and Chapter 22 (Buildings and
Building Regulations),Article II(Construction Code Board), Section 22-26 (Tenure of office) of
the Code of Ordinances; amending Ordinance Nos. 2020-01 and 2015-37 and Chapter 18
(Animals), Article Iv (Animal Shelter Advisory Board), Section 18-123 (Number of Members;
Qualified Appointment; Terms) of the Code of Ordinances; amending Ordinance Nos. 2020-06
and 1969-2 and Chapter 66 (Library), Article II (Public Library Department), Division 2
(Library Board), Section 66-41 (Membership; Appointment; Terms) of the Code of Ordinances;
amending Ordinance Nos. 2020-08 and 2005-37 and Chapter 78 (Parks and Recreation),Article
II(Parks and Recreation Board),Section 78-23 (Composition; Appointment and Terms of office
of Members) of the Code of Ordinances; amending Ordinance Nos.2020-10 and 2001-48,Article
8 (Development Review Process), Section 8.4 (Zoning Board of Adjustment); amending
Ordinance Nos.2020-07 and 1979-26 and Chapter 90(Planning),Article II(Planning and Zoning
Commission), Section 90-21 of the Code of Ordinances; Clarifying that the limit for consecutive
service on the Boards and Commissions named in this Ordinance applies to commissioners and
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officers currently serving on those boards and commissions; modifying other provisions related
to such boards and commissions; providing for repealing, savings and severability clauses;
providing for an effective date. (R 011ie, Asst. City Manager)
J. Consider,and act upon,Resolution No.2020-28(R)of the City Council of the City of Wylie,Texas,
to ratify emergency expenses for the purchase of engineering services,materials and road repair
services for Hooper Road between Steel Road and Hensley Lane in the estimated amount of
$426,176.00; and authorizing the City Manager to execute any necessary documents. (G. Hayes,
Purchasing Manager)
K. Consider,and place on file,the Animal Shelter Advisory Board report to City Council regarding
the meeting held on May 13,2020. (A. Henderson, Police Chief)
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve the Consent
Agenda as presented. A vote was taken and motion passed 7-0.
REGULAR AGENDA
Interview of Board of Ethics Applicants
City Secretary Storm announced that Rich Frei and Reagan Elizabeth Sofia had withdrawn their applications
from consideration. Alem Debebe was not present.
Council interviewed the following applicant:
Joseph Hama
Tabled from 05-12-2020
Remove from table and consider
Council Action
A motion was made by Councilman Duke, seconded by Councilman Dahl, to remove Item 1 from the table.
A vote was taken and motion passed 7-0.
1. Consider,and act upon,Ordinance No.2020-30 to a change of zoning from Agricultural(AG)to
Planned Development (PD), to allow for a mixed-use, age-restricted, senior master planned
community on 24.5 acres,located at 1751 McMillen Road. (ZC 2020-02)
(ZC 2020-02) (J. Haskins, Planning Manager)
Staff Comments
Planning Manager Haskins addressed Council stating per the motion and further discussion as requested by
the applicant, staff worked with the applicant on the concurrent development standard and the applicant
approves of the language that has been added to Section G of the PD Conditions and is requesting approval.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilwoman Arrington,to approve Ordinance
No. 2020-30 to a change of zoning from Agricultural (AG) to Planned Development (PD), to allow for a
mixed-use, age-restricted, senior master planned community on 24.5 acres, located at 1751 McMillen Road
(ZC 2020 02).A vote was taken and the motion passed 6-1 with Councilman Wallis voting against.
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2. 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 40.73 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 this item be tabled.
Public Hearing
Mayor Hogue opened the public hearing on Item 2 at 6:34 p.m. asking anyone present wishing to address
Council to come forward.
No one came forward for the public hearing.
Council Action
A motion was made by Councilman Dahl, seconded by Mayor pro tern Forrester,to table Item 2 to the June 9,
2020 City Council meeting. A vote was taken and the motion passed 6-1 with Councilman Porter voting
against.
3. Consider, and act upon, Ordinance No. 2020-35 amending Ordinance Nos. 2020-24, 2020-25,
2020-26, 2020-29, and 2020-31 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 addressed Council stating this is a request of an extension to June 9 when Council can
reconsider the ordinance at that time.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Dahl, to approve Ordinance No.
2020-35 amending Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, and 2020-31 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.A vote was taken and the motion passed 7-0.
Mayor Hogue convened the Council into Work Session at 6:41 p.m.
WORK SESSION
• Discuss the Coronavirus Aid,Relief, and Economic Security Act(CARES ACT) and the Collin
County Municipal Direct Expense Funding Interlocal Cooperation Agreement. (C. Holsted, City
Manager)
City Manager Holsted addressed Council stating Council recently approved an inter-local agreement with
Collin County enabling the City to receive $2.4m in funding. Expenses to date are about$113,267 and staff is
putting together a list of future needs related to COVID-19, which currently include: overtime, business
assistance reimbursement, COVID-19 testing, projected future expenses, technology, sanitization, personal
protection equipment(PPE), EMS equipment, and items for the facilities.
Porter asked if expenses for PPE for the upcoming election was included. Holsted responded the expenses
included are for election workers but not citizens, in compliance with the most recent Secretary of State
advisory. Porter confirmed that non-profits would have strict requirements if the funding comes from CARES
Act money based on the interlocal agreement with Collin County. Holsted replied the non-profit has to show
an increase in expenses and/or costs directly related to COVID-19 in order to be eligible for reimbursement.
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Hoisted stated one option is Council could choose to use the$301,000 that was designated for Small Business
Assistance to award to non-profit organizations.
Ronni Fetzer, representing St. Vincent de Paul Society; Mary Warkentine, representing Wylie Community
Christian Care Center; Karen Ellis, representing Amazing Grace Food Pantry; Josh Hargrove, representing
Wylie Acting Group; Lon Ricker, representing Team Up to Fight Hunger; Melissa Irvin, representing Wylie
Acting Group; and Jon Bailey,representing Hope for the Cities,addressed Council stating what services their
organizations offer and how COV1D-19 has impacted their organizations.
Hoisted stated he would recommend not mixing non-profit assistance with the Small Business Assistance and
have two separate programs. He requested input from Council if this is something Council would like staff to
look further into.
The consensus from Council was that the two programs should be maintained separately and would be
interested in establishing a program for non-profits.
Mayor Hogue convened the Council into Regular Session at 7:26 p.m.
REGULAR AGENDA
4. Discuss, consider, and take any action on, Resolution No. 2020-29(R) amending Resolution No.
2020-25(R),modifying certain standards applicable to the 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 Hoisted addressed Council stating staff received 63 applications: one for large business, 35 for
other businesses, and 27 sole proprietorships. Hoisted reported $101,500 has been awarded to 35 businesses.
There are 19 businesses that do not qualify under the current criteria as they have received PPP or EIDL funds
and/or are located outside the city limits;however,no notice of denial has been sent in the event Council would
like to adjust the criteria.
Council Comments
Porter stated he would be interested in what type of funding is still available and to discuss if Council would
want to open the application up to allow companies that received PPP or EIDL funding to apply.Forrester and
Porter asked about the businesses being located outside of the City limits.Hoisted replied there were a couple
that were outside of the City limits.Dahl and Wallis asked if it would be possible to determine what percentage
of the business losses were covered by EIDL or PPP funding. Forrester stated the amount of money being
awarded is to assist the businesses and by overdoing the stipulations does not seem the right road to take and
was in favor of relaxing the restrictions and to reopen the application process. Forrester asked if the business
is located in Wylie ETJ could they apply for CARES Act funding from the county. Hoisted responded he
believed they would apply through the county.Duke was in favor of relaxing PPP and EIDL criteria and should
allow businesses in the ETJ to apply. Porter requested a short recess to calculate figures on the amount of
money used from each category.
Mayor Hogue recessed the Council into a break at 7:41 p.m.
Mayor Hogue convened the Council into Regular Session at 7:52 p.m.
Hoisted stated there is a question regarding using CARES Act funding for businesses that have received EIDL
or PPP funding; if a business received any federal money does that make them ineligible for any additional
grants.Hoisted recommended letting the City Attorney's Office look further into the matter and report back to
Council.
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Council Action
A motion was made by Councilman Porter, seconded by Mayor pro tern Forrester, to table Item 4 until the
June 9,2020 City Council meeting.A vote was taken and the motion passed 7-0.
Mayor Hogue convened the Council into Work Session at 7:57 p.m.
WORK SESSION
• Discuss May 2,2020(postponed to November 3,2020)General and Special Election. (C. Holsted,
City Manager)
City Manager Holsted addressed Council stating staff had received a request from Council to put this on the
agenda for discussion and the City Attorney was available for questions. Forrester stated during the reopening
of Texas several cities have requested the Governor's permission to hold their special elections in a timelier
manner.He stated he has received questions from constituents about holding an election earlier than November
and would like to know the thoughts of the City Attorney and hear any updates from the Secretary of State's
office and the Attorney General.
City Attorney Pittman addressed Council stating there is a provision in the Election Code that general elections
must be held on a uniform election date, May or November. There is a provision in the Election Code that
allows the Governor to consider requests made by local jurisdictions to move special elections outside of a
required uniform election date if the Governor determines there is an emergency necessitating the movement
of the election to a non-uniform election date.The Governor has granted four jurisdictions permission to move
specific special elections to a non-uniform election date. Pittman reported other municipalities have requested
the Governor allow them to move their elections to a date earlier than the November election date and to their
knowledge the Governor has not responded to those requests. Should Council wish to proceed with a request
to the Governor's office for a date earlier than November,the City Attorney's office is prepared to draft a letter
to the Governor.
Porter asked if other entities requested movement to a specific date.Pittman responded that some entities have
requested for a non-specific date earlier than November; some have requested July 14, and others August 8.
Council could request a specific date or a non-specific date earlier than November. Pittman stated there is a
provision in the Election Code that would not allow an election to be held within 30 days of a uniform election
date. Forrester asked if the Order to move the election date would fall under the 62-day requirement to order
a new election. Pittman responded that if the Governor were to grant permission, it could be concluded that
the election was ordered in January/February. This would be considered an amendment to the original Order,
not a new Order. Porter asked about the requirements of specific dates for the election; and, would Council
need to ensure that deadlines will be met if a specific date is requested.Pittman responded if Council wants to
request permission to move the election date sooner than November, he would do so soon as deadlines are
approaching.Pittman stated he felt the Order would help the City with election date challenges if the Governor
issued permission to move the election. Pittman stated that Collin County Elections Administration had
informed the City they would be unable to assist with an election on July 14 if the City were granted
permission; therefore, the City would be required to administer the election entirely on its own. Porter asked
if the County would be willing to assist on another date other than July 14. Storm replied the County was
willing to assist with an August date. Porter confirmed if the Governor grants permission, it would still be up
to Council to decide whether to move the election date. Pittman confirmed that was correct. Porter requested
additional staff input regarding holding an election in July. Holsted responded that to conduct an election in
July is quick with additional duties. In addition, staff has never conducted an election on our own so there is
risk there. Holsted stated if Council's decision is to move the election, staff will do what Council gives
direction to do and will make it work;but, in his opinion,Council has already moved the election to a specified
date that the voters are aware of in November. Storm explained some items to consider with regard to the City
holding their own election and potential voter confusion for the polling location if holding a July 14 election.
Dahl,Arrington, Duke, and Porter expressed concerns with having new councilmembers taking their seat and
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voting on a budget they have not assisted in establishing. Dahl and Arrington both expressed the City should
continue with the November election date. Wallis,Duke,Porter and Forrester gave direction that the City draft
and send a letter to the Governor requesting permission to hold both the general and special elections on a non-
specified date earlier than November. Duke and Porter stated if the Governor grants permission, Council can
evaluate and decide at that time if moving the elections sooner than November makes sense for the City.
• Discuss FY 20-21 4B Budget. (C. Hoisted, City Manager)
City Manager Hoisted addressed Council giving a presentation on the FY 20-21 4B budget regarding the
following areas:annual sales tax revenue,4B sales tax fund projected revenues,4B sales tax fund expenditures
by function, Wylie Recreation Center revenue versus personnel expenses, 4B debt service expenditures, and
assumptions affecting the FY 20-21 4B budget.
Council direction regarding the FY 20-21 4B budget was to look at different options such as utilizing the fund
balance and potential cost saving measures.
Mayor Hogue convened the Council into Executive Session at 8:50 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 2020-4a, Project 2020-4c,
Project 2020-5a.
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&FM 544.
• Properties adjacent to McMillen Rd. between McCreary Rd. and Country Club Rd.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue convened the Council into Open Session at 9:55 p.m.
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READING OF ORDINANCE
City Secretary Storm read the captions to Ordinance Nos. 2020-30, 2020-32,2020-33, 2020-34, and 2020-35
into the official record.
Mayor Hogue left the meeting at 9:56 p.m.
ADJOURNMENT
A motion was made by Councilman Porter, seconded by Councilman Duke, to adjourn the meeting at 10:00
p.m. A vote was taken and motion passed 6 0 with Mayor Hogue absent.
e .
Eric Hogue,M o
ATTEST:
Stephanie Storm, City Secretary
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