09-14-2021 (City Council) Minutes Wylie City Council Minutes
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' September 14,2021 —6:00 PM
Council Chambers-300 Country Club Road, Building#100,Wylie,Texas 75098 CM( OF
WYLIE
CALL TO ORDER
Mayor Matthew Porter called the regular meeting to order at 6:00 p.m. The following City Council members were
present:Councilman David R.Duke,Councilman Dave Strang,Mayor pro tem Jeff Forrester,Councilman Timothy
T. Wallis, and Councilman Garrett Mize. Councilman Scott Williams was absent.
Staff present included: Assistant City Manager Renae 011ie; Assistant Police Chief Tommy Walters; Fire Chief
Brandon Blythe; Finance Director Melissa Beard; Parks and Recreation Director Rob Diaz;Public Works Director
Tim Porter; Project Engineer Jenneen Elkhalid; Public Information Officer Craig Kelly; Economic Development
Executive Director Jason Greiner;Human Resources Director Lety Yanez;Municipal Court Judge Art Maldonado;
Planning Manager Jasen Haskins;City Attorney Richard Abernathy;Library Director Ofilia Barrera;City Secretary
Stephanie Storm,and various support staff.
INVOCATION&PLEDGE OF ALLEGIANCE
Mayor pro tem Forrester led the invocation and Councilman Duke led the Pledge of Allegiance.
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PRESENTATIONS &RECOGNITIONS
PR!. Hispanic Heritage Month.
Mayor Porter recognized Hispanic Heritage Month which is September 15 through October 15.
CITIZEN COMMENTS ON NON-AGENDA ITEMS
Darnell Marshall, Dan Chesnut, Diane Chesnut, Nakita Christensen, and Jessica Hughes addressed Council,
speaking in objection to turning over the operations of the Wylie Recreation Center to the DFW YMCA.
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 August 24,2021 Regular City Council Meeting minutes.
B. Consider,and act upon,Resolution No.2021-26(R)approving the current Investment Policy as required
by the Texas Government Code,Chapter 2256,Public Funds Investment Act,Subchapter A-Authorized
Investments for Governmental Entities.
C. Consider,and act upon,approval of the Purchasing Policies.
IID. Consider,and act upon,approval of the Debt Management Policy.
E. Consider, and act upon,approving the Financial Management Policies.
September 14,2021 Wylie City Council Minutes Page 11
F. Consider,and act upon,Ordinance No.2021-45 for a change of zoning from Commercial Corridor(CC)
to Planned Development-Commercial Corridor(PD-CC),to allow for commercial development on 7.79
acres generally located at the northeast corner of North State Highway 78 and Eubanks Lane (ZC2021-
20).
G. Consider,and act upon,a Preliminary Plat for Wylie Logistics Park,to establish nine industrial lots and
two open space lots on 225.081 acres,property generally located at the northeast corner of State Highway
78 and Spring Creek Parkway.
H. Consider,and act upon,the acceptance of the Bylaws governing the rules of procedure for the Cemetery
Advisory Board.
I. Consider,and act upon,the approval of the renewal of J.P.Morgan Chase Procurement Cards(P-Cards)
through an inter-local agreement between the City of Wylie and the City of Ft. Worth, and authorizing
the City Manager to execute any necessary documents.
J. Consider,and act upon,the approval of the purchase of Annual Maintenance and Software Upgrade for
Public Safety Radios and Network Recording Software from Motorola Solutions Inc. in the estimated
annual amount of$71,924.00 through a cooperative purchasing contract with the Texas Department of
Information Resources and authorizing the City Manager to execute any necessary documents.
K. Consider, and act upon, the approval of an Interlocal Environmental Services Agreement with Collin
County Environmental Health Care Services to provide public health functions in the estimated annual
amount of$44,216.00; and authorizing the City Manager to execute any necessary documents.
Mayor Porter requested Items C,E, and H be removed from the Consent Agenda and considered individually.
Council Action
A motion was made by Mayor pro tem Forrester, seconded by Councilman Strang, to approve Consent Agenda
Items A,B,D,F, G,L, I,J,and K as presented.A vote was taken and motion passed 6-0 with Councilman Williams
absent.
REGULAR AGENDA
C. Consider,and act upon, approval of the Purchasing Policies.
Council Comments
Mayor Porter asked if there is a way to allow Council to get involved on the larger priced projects before the item
goes out for bid. Purchasing Manager Hayes explained the evaluation criteria and process utilized by staff. Hayes
stated it is important to keep the process impartial and information confidential until the decision is made and
announced; however, if Council wants to have discussions with staff about the overall architecture of a future
building that can be completed during work sessions. Porter stated his concern is Council giving input at the end of
the process after a vendor is chosen. Hayes stated a conflict can occur if Council gets into the specifications as
Council is the final vote on the award process. Porter stated he does not want to get into the evaluation process,but
instead would like to give input on how the scores are weighted in the different categories. Councilman Mize stated
he is satisfied with the policy as presented, and where appropriate as mentioned, Council could give general
feedback and direction,but not get involved in the weighting of the qualifications. Councilman Strang agreed with
Councilman Mize with not getting involved in the details, but would like to see some examples of what the
contractor built if that is possible. Porter stated specific names cannot be released during the process, but Council
may have an initial work session with general examples of desired architectural designs to give to staff before the
process begins. Hayes stated information such as that can also be included in the bid specs so the firms are aware
of what the City is looking for.
September 14,2021 Wylie City Council Minutes Page 12
Council Action
A motion was made by Councilman Strang, seconded by Mayor pro tem Forrester,to approve Item C as presented.
I
A vote was taken and the motion passed 6-0 with Councilman Williams absent.
E. Consider, and act upon,approving the Financial Management Policies.
Council Comments
Mayor Porter requested additional information on General Fund, Utility Fund, and 4B Fund Fund Balance.
Finance Director Beard replied the Fund balance requirement for the General Fund is 25 percent of the budgeted
expenditures for the year; however,the rating agencies like to see at least a 30 percent Fund balance. Traditionally
the City has greater than 30 percent in the General Fund balance at the end of the year due to conservative budgeting
and spending. Beard recommended keeping the General Fund Fund balance at 35 percent to assist the City with
future ratings by the agencies.
Beard stated the Utility Fund Fund balance requirement is 90 days of the budgeted expenditures,and the City strives
to keep a healthy Fund balance to prevent volatile rates charged to customers.
Beard stated the 4B Fund Fund balance requirement is 25 percent of the budgeted sales tax revenue, and the City
strives to keep a healthy Fund balance due to the volatility of the sales tax revenues.
Council Action
A motion was made by Mayor Porter, seconded by Mayor pro tem Forrester, to approve Item E as presented. A
vote was taken and the motion passed 6-0 with Councilman Williams absent.
H. Consider, and act upon,the acceptance of the Bylaws governing the rules of procedure for the Cemetery
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Advisory Board.
Council Comments
Mayor Porter confirmed that term limits were included in the rules of procedures.Cemetery Advisory Board liaison
011ie reported they had their first meeting which was successful. Mayor pro tern Forrester asked if staff has
additional information regarding the oversight of the Board. 011ie replied there are laws that will govern the Board
and an ordinance will be brought to Council at a future meeting. Forrester confirmed the City has not officially
taken over the cemeteries. 011ie replied that is correct.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang,to approve Item H as presented.
A vote was taken and the motion passed 6-0 with Councilman Williams absent.
EXECUTIVE SESSION
Mayor Porter convened the Council into Executive Session at 6:55 p.m.
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.
ES1.Discuss Right-of-Way Acquisition for McMillen Drive and Eubanks Lane.
IRECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
September 14,2021 Wylie City Council Minutes Page 13
Mayor Porter reconvened the Council into Open Session at 7:54 p.m.
EXECUTIVE SESSION
Mayor Porter convened the Council into Executive Session at 7:54 p.m. in regard to Work Session 1 CWD Rate
Increase and contract modification discussion.
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.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Porter reconvened the Council into Open Session and into Work Session at 8:11 p.m.
WORK SESSION
WS1.Presentation and discussion with CWD regarding a rate increase and contract modification to contract
#W2018-118-A Solid Waste&Recycling Services with Community Waste Disposal L.P.,adjusting the
billing rates effective 10/1/2021.
Greg Roemer,representing Community Waste Disposal (CWD), addressed Council giving a brief presentation that
included challenges such as the pandemic,residential trash volumes, February 2021 FEMA-Declared Disaster, and
labor shortages; city of Wylie data and statistics; CWD Recovery Plan; and the October annual rate adjustment.
Roemer answered questions from Council regarding the labor shortage, if CWD can track a driver's route, identify
hot spots, and if there are improvements to service that can be made to offset the cost increase. Council expressed
concerns with a rate increase with the complaints received from residents which include the recycling and bulk not
being picked up,mixing trash and recycling together,leaking hydraulic fluid,performance issues,and trash left on
the ground after servicing.
Roemer explained the 10 percent increase includes a 4.5 percent inflation cost and a 5.5 percent fuel cost increase.
RECONVENE INTO REGULAR SESSION
Mayor Porter reconvened the Council into Regular Session at 8:46 p.m.
1. Hold a public hearing,consider,and act upon,Resolution No.2021-27(R) of the City Council of the City
of Wylie, Texas, recognizing and offering no objection to the intent of Roers Wylie Apartments Owner
Limited Partnership to submit an application to the Texas Department of Housing and Community
Affairs for 2021 Housing Tax Credits to develop Wylie Senior Apartments, property generally located
on the south side of FM 544 approximately 1400 feet west of Sanden Boulevard.
September 14,2021 Wylie City Council Minutes Page 14
Staff Comments
Planning Manager Haskins addressed Council stating in July 2021, the City Council held a work session in which
i Roers Development presented a potential project for a Seniors only affordable living apartments. Based on Council
feedback during that work session, Roers has decided to pursue tax credits for the potential development through
an application to the Texas Department of Housing and Community Affairs. In accordance with the requirements,
the governing body may, after a public hearing, provide a resolution regarding the tax credit application. The
resolution is required for the application to be accepted. At Roers request, staff has prepared a resolution, which
states the project location,name, and that Council does not object to the tax credit application.The resolution does
not reference, support,or guarantee any zoning changes or other project requirements.
Public Hearing
Mayor Porter opened the public hearing on Item 1 at 8:49 p.m. asking anyone present wishing to address Council
to come forward.
No person was present wishing to address Council.
Mayor Porter closed the public hearing at 8:49 p.m.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Strang, to approve Item 1 as presented.
A vote was taken and the motion passed 6-0 with Councilman Williams absent.
2. Consider, and act upon, an agreement authorizing the appointment of Steve Feil as Associate Municipal
Court Judge for the City of Wylie effective October 1,2021,setting terms and hourly rate of service.
Council Comments
i Mayor Porter asked Municipal Court Judge Maldonado to share additional information on this item. Maldonado
stated with the jail opening at the Public Safety Building,it has increased the need for an additional Associate Judge
as it is a requirement that a Judge be present on the date a person is arrested to magistrate them.Judge Feil introduced
himself to the Council and gave background information on himself which included serving as a prosecutor,defense
attorney, and a magistrate in Dallas County.
Council Action
A motion was made by Councilman Strang, seconded by Councilman Wallis, to approve Item 2 as presented. A
vote was taken and the motion passed 6-0 with Councilman Williams absent.
3. Consider, and act upon, the award of Request for Proposal (RFP) #W2021-76-A for Human Resources
Health & Welfare Benefits to Various Vendors in the estimated annual amount of $4,273,945.00 and
authorizing the City Manager to execute any necessary documents.
Mayor Porter announced he may have a conflict of interest and recused himself from the meeting at 8:55 p.m.
Staff Comments
Purchasing Manager Hayes addressed Council stating the City issued a Request for Proposals (RFP) for the
employee and retiree health and welfare benefits, both City and employee funded programs, and the City received
27 responses. All submissions were reviewed by City staff and the consulting firm, HUB International, Inc., in
accordance with the published evaluation criteria.
Council Comments
Councilman Strang asked if the benefits are the same as what was previously submitted. Human Resource Director I
Yanez replied the benefits are the same as what was presented with some enhancements, and added moving to the
new medical carrier,the City will gain five percent savings, and the split for spouses to cover their dependents will
be 53 percent instead of the current 50 percent. Strang asked about a potential spousal surcharge.Yanez replied that
currently there are 80 spouses covered on City insurance, and after doing calculations on a possible surcharge it
September 14,2021 Wylie City Council Minutes Page 15
would affect potentially a little more than half of the 80 employees; therefore, staff decided that the City would
absorb the five percent savings and add an additional three percent for the employee cost.
Council Action
A motion was made by Councilman Mize, seconded by Councilman Duke, to approve Item 3 as presented. A vote
was taken and the motion passed 5-0 with Mayor Porter abstaining(Conflict of Interest on file with City Secretary)
and Councilman Williams absent.
Mayor Porter returned to his seat at the dais at 9:04 p.m.
Mayor Porter convened the Council into Work Session at 9:04 p.m.
WORK SESSION
WS2.Discuss Wylie Wastewater Treatment Plant Demolition Options.
Public Works Director Porter addressed Council to discuss options for demolition of the Wylie Wastewater
Treatment Plant, including costs associated with each. Public Works Director Porter thanked Clayton Barnard,
representing Freese and Nichols; Billy George and Scott Hoelzle, representing NTMWD; and Marvin Fuller,
NTMWD board member for attending the work session this evening. Public Works Director Porter stated Option I
would be to remove the top two feet of concrete of the basins that hold the water, Option 2 is the demolition of all
of the structures two feet below the ground, Option 2A is an additional cost for the full removal of the concrete,
Option 3 is the demolition of all the structures two feet below the ground and moving the wastewater interceptor,
Option 4 is the demolition of all structures two feet below ground,moving the wastewater interceptor and adding a
decel lane, and Option 5 is the demolition of all structures two feet below ground, moving the wastewater
interceptor, and adding an access drive. Public Works Director Porter and Barnard answered questions from
Council.
Direction from Council included Mayor Porter, Councilman Mize, Councilman Duke, and Councilman Wallis
giving direction on Options 3 and 2A, and Mayor pro tern Forrester and Councilman Strang giving direction on
Options 4 and 2A.The consensus of Council was to maintain the perimeter fencing around the site during demolition
and then reduce the fencing to only the bioxide feed system.
Mayor Porter convened the Council into a break at 9:28 p.m.
Mayor Porter reconvened the Council at 9:34 p.m.
WS3.Discuss Potential Uses for the Fund Balance in the General Fund.
Mayor Porter stated he requested this item be placed on the agenda for discussion.
Direction from Council included: gather additional information for the Senior Center remodel and to allocate
$750,000 towards the project; allocate $1,300,000 towards two splash pads, one on the east side and one on the
west side of the City; allocate $700,000 for a dog park; allocate $600,000 for sidewalk repairs; allocate $500,000
for storm drainage facilities; allocate $1,200,000 for Quint Unit #116 replacement and potentially designating
additional money to a separate fund for a future fire truck; allocate $250,000 for LifePak 15 Heart Monitors; and
allocate$120,000 for a Library book sorter from the General Fund Fund balance.
Council stated other potential items to use Fund balance for include: trails, beautification, practice fields, land
acquisition for park usage, connectivity of trails especially around downtown, lighting, benches, bike lane, field
improvements for Founders, and improvements near Wylie High School and Kroger Marketplace to ensure safety
of the students.
RECONVENE INTO REGULAR SESSION
Mayor Porter convened the Council into Regular Session at 10:34 p.m.
September 14,2021 Wylie City Council Minutes Page 16
EXECUTIVE SESSION
Mayor Porter convened the Council into Executive Session at 10:34 p.m.
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.
ES2. Consider the sale or acquisition of properties located at FM 544/Cooper, Jackson/Oak, State Hwy
78/Brown, State Hwy 78/Ballard,and Ballard/Brown.
Sec. 551.087. DELIBERATION REGARDING ECONOMIC DEVELOPMENT NEGOTIATIONS;
CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
(1) to discuss or deliberate regarding commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate,stay,or expand in or near the territory
of the governmental body and with which the governmental body is conducting economic development
negotiations; or
(2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(1).
ES3. Deliberation regarding commercial or financial information that the WEDC has received from a
business prospect and to discuss the offer of incentives for Projects: 2017-10a,2018-3a,2020-11b,2021-
4a,2021-4b,2021-4c,2021-6a,2021-8a,2021-9a, and 2021-9b.
IRECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Porter reconvened the Council into Open Session at 11:51 p.m.
Council Action
A motion was made by Mayor pro tem Forrester, seconded by Mayor Porter, authorizing the Wylie EDC to enter
into a Performance Agreement with Project 2017-10a in an amount not to exceed$2,300,000.A vote was taken and
the motion passed 6-0 with Councilman Williams absent.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article 111; Section 13-D.
City Secretary Storm read the caption to Ordinance No. 2021-45 into the official record.
ADJOURNMENT
A motion was made by Councilman Strang, seconded by Mayor Porter, to adjourn the meeting at 11:52 p.m. A •
vote was taken and motion passed 6-0 with Coun }r V. 21s absent. a-22yj0 Matthew Porter,Ma
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September 14,2021 Wylie City Council Minutes Srq of TEXrS Page 17