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03-27-2012 (City Council) Minutes Wylie City Council CITY OF WYLIE • Minutes Wylie City Council Meeting Tuesday, March 27, 2012— 6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Fire Chief Randy Corbin; Public Services Director, Mike Sferra; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Randy Hill, representing Summit Church, gave the invocation, and Brownie Troop 1206 led the Pledge of Allegiance. Troop members present included: Lillian Bowden, Lilly Castillon, Devin Chaky, Alicia Haas, Ana Heath, Priscilla Nieto, Angelique Sessa, Macey Smercina, Gretchen Tschetter, Abigail Wilmarth, Ashlyn Wynne, Elizabeth Wynne, Riley Youngers, and Aly Youngers. Troop Leader Linda Youngers was also present. PRESENTATIONS • 4th 6 weeks Star Students: Trustworthiness (Mayor Hogue) Mayor Hogue and Mayor Pro Tem Byboth presented medallions to students demonstrating the character trait of "Trustworthiness." Each six weeks one student from each WISD campus is chosen as the "star student." Minutes March 27, 2012 Wylie City Council Page 1 • Tornado Awareness Month (R. Corbin, Fire Chief Mayor Hogue, Fire Chief Corbin, and Emergency Management Specialist Debbie Buccino designated April as Tornado Awareness Month. Chief Corbin asked citizens to be vigilant of inclement weather and to subscribe to Nixle to receive local weather alerts. • CWD Annual Presentation (J. Butters, Assistant City Manager/CWD) J B Sweeney, General Manager for Community Waste Disposal gave a brief presentation highlighting some of the solid waste services provided by CWD in 2011. Sweeney reviewed with Council services such as recycling, solid waste pickup and the Extreme Green Program. • Presentation by North Texas Municipal Water District (M. Manson, City Manager) NTMWD Executive Director Mike Rickman addressed council giving a presentation regarding the current Stage 3 drought regulations and current/future water supplies. Rickman explained the percentages of water resources available to NTMWD from Lavon, Tawakoni, and Chapman lakes. He noted that 28% of NTMWD water comes from Lake Texoma, but due to zebra mussels, that source is completely unavailable. Rickman also presented future plans for additional water sources and infrastructure by the NTMWD Board of Directors to insure the district continued to have water available for its member cities. Rickman reported the board would be meeting Thursday March 29th to discuss lessening the current water restrictions due to the lake levels. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Craig Cortes, residing at 304 Creekview, Wylie, requesting assistance with maintenance to the Lakeside Park area. 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 the March 13, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure reports as of February 29,2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment reports as of February 29,2012. (L. Bantz, Finance Director) Minutes March 27, 2012 Wylie City Council Page 2 D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of February 29, 2012. (S. Satterwhite, Executive Director WEDC) E. Consider, and act upon, Resolution No. 2012-11(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and the Wylie Economic Development Corporation for the provisions of certain services. (I.. Butters, Assistant City Manager) F. Consider, and act upon, authorizing the City Manager to execute all loan documents necessary to borrow $438,621 from the American National Bank of Texas for the purchase of athletic lighting for the baseball fields at Community Park from Musco Sports Lighting,L.L.C. (L. Bantz, Finance Director) G. Consider, and act upon, an Interlocal Agreement with the City of Murphy for McCreary Road Paving and Drainage Improvements. (M. Manson, City Manager) Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business Tabled from 02/28/2012 Regular Meeting Council Action A motion was made by Councilman White, seconded by Councilman Jones to remove Item #1, WASA funding from the table and consider. A vote was taken and the motion passed 7-0. 1. Consider, and act upon, Ordinance No. 2012-08 amending Ordinance No. 2011-18 (2011-2012 Budget) for proposed amendments for fiscal year 2011-2012. (WASA Allocation) (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that the Wylie Advocates for Senior Activities (WASA) has an anonymous donor that will match donations up to $20,000 for remodeling of the former Smith Public Library. WASA is requesting funding of $13,000 for matching grant funds. Manson explained that funds have been identified that can be used to offset this expenditure, and as a result, there will be no impact to the overall General Fund FY 2012 Budget. Manson reported that funds from Combined Services, under Support Service, was allocated with contingency funding of$50,000 for items that come up during the budget year that are unanticipated. During the February 28th council meeting, the council tabled this item and requested that the funding request be considered by the WEDC. The WEDC met March 9th and voted against funding the request Minutes March 27, 2012 Wylie City Council Page 3 because it does not qualify as a project per state law and does not promote business development efforts. Citizen Comments Jal Dennis, residing at 811 Crestview Lane, Wylie, addressed council stating that he was the administrator for the anonymous donor of the matching funds for WASA. Mr. Dennis noted that he was very much in favor of this allocation to fund this grant. He explained that he was a financial advisor and this was a way to double the donations to WASA for remodeling of the former Smith Library. Kris Sec:rest, residing at 7109 Park Hill Trail Sachse, and spokesperson for the WASA organization and all seniors present addressed council stating that he appreciated what the council has done. Segrest stated that he wanted to make three points in favor of the funding for WASA; "Consider that this is an organization that wants to partner with the City to generate funds to enhance and remodel a building that the City will have ownership of. This is an opportunity to double the funding to improve this asset which would benefit taxpayers." Segrest also noted that we should all honor those who have gone before us. "These seniors continue to honor the City they grew up in." Council Discussion Councilwoman Culver addressed council stating that she in no way wanted to give the impression that she was against seniors; this is totally a financial issue. She explained that past council had made the decision not to fund not-for-profits due to budget restraints. She explained that she was in favor of this decision and wanted to stick to this policy. Culver stated that in the current 2011-2012 budget, council did not fund equipment for Police, Fire or Parks. "How can I say no to them and yes to you?" She noted that if the funding is not approved, it will roll into the next budget cycle. Councilwoman Culver stated that she had asked for financial information from WASA and was told that if she wanted to see financials she should come to the organization to review those documents. "If we are giving money to an organization, " those financials should be given to the entity that is providing the funding." Mayor Pro Tern Byboth addressed council stating that opportunities don't always happen when we want them to. In hindsight it would have been better if donor funds had been offered during the budget cycle. He stated that he was very much in favor of this funding for WASA to support and honor those that have come before us and started and built this community. Councilman Goss stated that he had concerns regarding the timeline for the remodeling and the lack of specific funding amounts designated to the project in detail. Councilman Goss explained, he just wanted to insure that if funds were given to the organization that they would come back to the City two fold. Mayor Hogue asked City Manager Manson if WASA had designated where the funding would go. City Manager Manson stated that she was not aware of any stipulations regarding the funding other than the not-for-profit status which stated that the funds raised would be used for senior activities and the remodel of the former Smith Public Library. Councilwoman Culver stated that she believed the wording was very vague. She explained that on one hand, an organization needed that vagueness to operate. She explained that she served on a not-for- profit organization and for example if funding was raised in the amount of $20,000, $50 could be designated for either uses and meet the constraints of the not-for-profit rules. City Manager Manson addressed council stating that if it would help the comfort level of council, the ordinance could be approved with the condition that the $13,000 be designated for use in remodeling the former Smith Public Library. Minutes March 27, 2012 Wylie City Council Page 4 Council Motion A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to adopt Ordinance No. 2012-08 amending Ordinance No. 2011-18 (2011-2012 Budget) for proposed amendments for fiscal year 2011-2012 (WASA Allocation) with the stipulation that the $13,000 requested from the City be designated for the specific use of remodeling the Smith Public Library for a Senior Center. Councilman Goss asked for a point of order for discussion of the motion at hand. Mayor Hogue asked for discussion on the motion. Councilman Goss asked for a clarification on the motion regarding the noting of $13,000 (City funds). He asked why the additional matching funds were not also included in the motion. Mayor Hogue asked Councilwoman Spillyards if she would like to withdraw her second for a revised motion from Mayor Pro Tern Byboth. Councilwoman Spillyards agreed to withdraw. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to adopt Ordinance No. 2012-08 amending Ordinance No. 2011-18 (2011-2012 Budget) for proposed amendments for fiscal year 2011-2012 (WASA Allocation) with the specific stipulation that all monies remitted to the WASA organization for the purpose of improvements to the former Smith Public Library building, including the anonymous donor matching funds and the $13,000 approved by the City tonight be remitted for the specific use of the refurbishing and improvements to the former Smith Public Library. A vote was taken and the motion passed 5-2 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman White and Councilman Jones voting for and Councilwoman Culver and Councilman Goss voting against. 2. Consider, and act upon, amending the solid waste contract, altering the method utilized to collect residential bulk waste. (J. Butters, Assistant City Manager) Staff Comments ACM Butters addressed council stating that the current method for collecting bulk waste consists of residents calling CWD and requesting that bulk be picked up at their residence. CWD collects residential bulk once per week and only collects at residences that have called and requested it. Council requested staff investigate a different method of bulk pickup in which the solid waste contractor drive every street once per month and pick up bulk that has been properly placed between the sidewalk and curb, in front of the residence. The cost for changing to this service delivery method is 42 cents per household per month. Councilwoman Culver asked if there was an alternative resolution to this issue as she was not in favor of raising rates to the utility users. Mayor Pro Tern Byboth stated that his concern from the beginning was that people vacate their residence and leave their bulk on the curb. A lot of times these bulk issues are on the main thoroughfares. ACM Butters explained that CWD would pick up bulk trash from homes that have been vacated at no charge as long as code enforcement verifies that house is vacant. Mayor Pro Tern Byboth asked if CWD drivers could be more vigilant in reporting to the bulk trucks bulk trash left at the curbside. He asked that City staff be more proactive as well. Representatives from CWD agreed to be more proactive in addressing bulk left at the curbside. Minutes March 27, 2012 Wylie City Council Page 5 Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Jones to deny amending the solid waste contract altering the method utilized to collect residential bulk waste and be more proactive in reporting bulk left on the curbside. A vote was taken and the motion to deny passed 7-0. READING OF ORDINANCES City Secretary Ehrlich read the caption to Ordinance No. 2012-08 into the official record. WORK SESSION • Discussion regarding the 2012 Comprehensive Land Use Plan. (R. 011ie, Planning Director) Planning Director 011ie addressed council stating that the last major update to the Comprehensive Land Use Plan was approved in 1999. She explained that the proposed 2012 Comprehensive Land Use Plan does differ in comparison to the 1999 Plan. Therefore the purpose of the work session is to discuss those changes in detail and allow a more informal dialogue prior to holding the public hearing to consider the Plan for adoption. 011ie displayed the Land Use Map which was updated and approved in 2006. Part of the 2006 update included a Comprehensive Land Use Philosophy which provided criteria for allocating residential, commercial, industrial, and public land uses within the Comprehensive Plan. 011ie reported that in an effort to align both future community goals and the realities of existing land development patterns, the 2012 Plan provides more detail and widens the scope that shall direct redevelopment and how Wylie grows forward. 011ie noted that the 2012 Plan is a guide in determining where various zoning districts are placed on individual tracts of land. These sectors of the 2012 Plan define natural and open space; sub-urban areas that primarily include residential development; an urban sector that allows for a more mixed-use type of development; and a fourth sector defined as Urban Core. The Urban Core provides for a more detailed and innovative type project that seeks to preserve the historic character of Wylie. Areas such as the Downtown Historic District and the South Ballard Overlay would fall into the Urban Core sector. 011ie reported that this draft of the amended Comprehensive Plan was a collaboration of many issues taken into consideration: 1. Necessary to protect, preserve and sustain. 2. A Comprehensive Land Use Plan is not zoning. 3. The Plan as presented does not require any land to be rezoned. 4. Input arises from various-City departments as well as other agencies, including but not limited to WEDC &WISD. Council direction was to continue to work on the amended Plan. Minutes March 27, 2012 Wylie City Council Page 6 • Discussion regarding proposed floor plan for the new Senior Citizens Building. (J. Butters, Assistant City Manager) ACM Butters presented a drawing for the remodeling of the former Smith Public Library. He reported that McCarthy Architecture was retained to look at the Old Library and design a functional and affordable floor plan for renovating the building and using it as a Senior Center. Representatives toured and measured the facility and received input from staff and from a WASA committee. The estimated cost of the renovation proposed is approximately $50,000. The WASA board has reviewed the floor plan and indicated their support. Councilman Goss questioned the need for fire sprinklers. He asked staff to check on the need for this. Council direction was to further research the plan presented. Mayor Hogue announced there would be no Executive Session held. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §551.071 Consultation with Attorney; Closed Meeting Meeting with City Attorney regarding a matter (s) in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflict with the Open Meetings Act and for which the City seeks advice regarding the following pending litigation: Cause No. 366-01521-2011; Wylie Economic Development Corporation vs. Sanden International(U.S.A.), Inc. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilwoman White, seconded by Councilman Jones to adjourn the meeting at 8:55 p.m. A vote was taken and the motion passed 7-0. Eric - Mayor ATTEST: 4 OF \ G1 l, , / / ..4.4.'�j! Car le Ehrlich,Ci Secretary '•=�ytoi;l,l�.1•1 �\ Minutes March Wylie City C• it t1 _ Pagel • n*wu;r ., 1887 '