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03-25-2014 (City Council) Minutes jA( Wylie City Council CITY OF WYLIE r Minutes Wylie City Council Meeting Tuesday, March 25, 2014 — 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 Carole Ehrlich took roll call with the following City Council members present: Mayor pro tern Rick White, Councilwoman Diane Culver, Councilman Bennie Jones, Councilman Nathan Scott, Councilman Keith Stephens, and Councilman Todd Wintters. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz;; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Former Mayor William Martin gave the invocation and Planning Director Renae 011ie led the Pledge of Allegiance. PRESENTATIONS • Eagle Scout Presentation to: Kosin Outha-Aphay Nathan Porter Mayor Hogue presented proclamations to Kosin Outha-Aphay and Nathan Porter for achieving the highest honor in scouting, the Eagle Scout. • Presentation—Community Waste Disposal Annual Report Robert Medigovich representing CWD gave a brief annual report regarding solid waste and recycling services for 2013. CITIZENS COMMENTS ON NON-AGENDA ITEMS Minutes March 25, 2014 Wylie City Council Page 1 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. There were no citizens present wishing to address council during citizens comments. 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 11, 2014 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 Report for February 28, 2014. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for February 28, 2014. (L. Bantz, Finance Director) D. Consider, and act upon, approval of a Preliminary Plat for Inspiration, Phase 1 & 2 consisting of 19.656 acres to establish single family residential lots for a master planned development within Wylie's ETJ, generally located north of Parker Road (F.M. 2414) and east of Aztec Trail. (R. 011ie, P& Z Director) E. Consider, and act upon, Ordinance No. 2014-11 amending Wylie's Code of Ordinances No. 2005-52, Chapter 2 (Administration), Article V (Finance), Division 5 (Donation of Public Funds to Not-for-Profit Organizations), Sections 2-161 (Purpose of Division), 2- 162 (Procedures), 2-163 (Eligibility Criteria), 2-165 (Accountability) and 2-166 (Request for Public Funds form); providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Manson, City Manager) F. Consider, and act upon, approval of Change Order #1 and final acceptance of the State Highway 78 Water Distribution Line to Wilson Contractor Services, LLC and authorize final payment in the amount of $124,715.57 and accept the project as complete. (C. Hoisted, City Engineer) Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tern White to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Minutes March 25, 2014 Wylie City Council Page 2 Public Hearing 1. Hold a Public Hearing, and consider, and act upon, approval of a Replat for Woodbridge Crossing, Block A, Lots 11R & 12R, adjusting the boundary (property lines) for two commercial lots on 2.1456 acres, generally located south of F.M. 544 and approximately 735 feet west of Springwell Parkway. (R. 011ie, P&Z Director) Staff Comments Planning Director 011ie addressed council stating that the purpose for the Re-plat is to realign property boundaries of the two lots to accommodate the development of Lot 11 R. The western boundary of Lot 11 R shall shift to the east. The properties total of 2.1456 acres currently on two lots; Lot 11 R consists of 0.8908 acre and Lot 12R consists of 1.2548 acres. 011ie explained the property located within the Woodbridge Crossing Shopping Center. All existing utility easements including fire lane and access shall remain unchanged. A site plan proposing the development of Lot 11 R is on the current agenda for the Commission's consideration. This Re-plat complies with all applicable technical requirements of the City of Wylie. The Commission recommends approval 5-0, subject to additions and/or alterations to the engineering plans as required by the Engineering Department. Public Hearing Mayor Hogue opened the public hearing on the re-plat at 6:20 p.m. asking anyone wishing to address council to come forward. No citizens were present to address council during the public hearing. Mayor Hogue closed the public hearing at 6:21 p.m. Council Action A motion was made by Mayor pro tem White, seconded by Councilman Jones to approve a re-plat for Woodbridge Crossing, Block A, Lots 11 R & 12R, adjusting the boundary (property lines) for two commercial lots on 2.1456 acres, generally located south of F.M. 544 and approximately 735 feet west of Springwell Parkway. A vote was taken and the motion passed 7-0. 2. Conduct the 1st Public Hearing for the annexation of approximately 62 acres of land situated in the Francisco De La Pina Survey, Abstract No. A0688, Collin County, Texas, generally located west of E. Stone Road and approximately 1,600 feet south of Brown Street. 2014-01A (R. 011ie, P& Z Director) Mayor pro tern White recused himself from discussion on this item and left the room due to a conflict of interest on the item. The affidavit is filed with the City Secretary. Staff Comments Planning Director 011ie addressed council stating that this annexation is at the request of property owners of three tracts of land. The subject tracts are contiguous to existing city limits on the western side, while properties to the north, south and east are within unincorporated Collin County. The applicant desires to bring the subject tracts into the city and eventually develop it as a combination of Minutes March 25, 2014 Wylie City Council Page 3 uses including, but not limited to assisted living, medical complexes, and single family dwellings. Councilman Wintters asked when the sewer and infrastructure would be discussed. 011ie replied that would be discussed during the preliminary plat process. Councilwoman Culver asked if this annexation was subsequently approved would that require the City to build Country Place Lane. City Engineer Hoisted replied that if annexed the City would be responsible for the City portion of that roadway. The applicant would be responsible for the roadway adjacent to his property. Hoisted noted that discussion currently was to see if the county would assist in an asphalt overlay for the road until such time as funding was available. 011ie reported all notices and publications for this annexation had been completed to date. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings March 12, 2014 and March 19, 2014 First Public Hearing March 25, 2014 Second Public Hearing April 8, 2014 Adoption of Ordinance April 22, 2014 Public Hearing Mayor Hogue opened the public hearing on Item #2 annexation at 6:29 p.m. asking anyone present wishing to address council to come forward. No one was present to address council during the public hear. Mayor Hogue closed the first of two public hearings on this annexation at 6:30 p.m. No action was required. 3. Conduct the 1st Public Hearing for the annexation of approximately 6.210 acres of land situated in the Lewis M. Marshall Survey, Abstract No. 594 and the William Patterson Survey, Abstract No. 716, which is contiguous and adjacent to the City of Wylie, in Collin County, Texas, generally located south of Parker Road, east of the City of Parker boundary and west of Rita Smith Elementary School. 2014-02A (R. 011ie, P&Z Director) Staff Comments Planning Director 011ie addressed council stating that this annexation is at the request of property owners of three tracts of land. The subject tracts are contiguous to existing city limits on the western side, while properties to the north, south and east are within unincorporated Collin County. The applicant desires to bring the subject tracts into the city and eventually develop it as a combination of uses including, but not limited to assisted living, medical complexes, and single family dwellings. 011ie reported all notices and publications for this annexation had been completed to date. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings March 12, 2014 and March 19, 2014 First Public Hearing March 25, 2014 Second Public Hearing April 8, 2014 Adoption of Ordinance April 22, 2014 Public Hearing Minutes March 25, 2014 Wylie City Council Page 4 Mayor Hogue opened the public hearing on Item #3 annexation at 6:35 p.m. asking anyone present wishing to address council to come forward. No one was present to address council during the public hear. Mayor Hogue closed the first of two public hearings on this annexation at 6:36 p.m. No action was required. 4. Consider, and act upon, the appointment of a board member to the North Texas Municipal Water District (NTMWD) Board to fill an expired term and begin the new term of June 1, 2014 to May 31, 2016. (C. Ehrlich, City Secretary) Staff Comments The Board of Directors of the North Texas Municipal Water District is a policy making body similar in nature to the City Council. The Board is responsible to both the State of Texas and to the member Cities for assuring that NTMWD operations occur in accordance with state and federal law, in alignment with NTMWD policy, and in the best interests of the Cities receiving services. The City of Wylie has two board members serving on the NTMWD Board of Directors; Mr. Marvin Fuller whose term expires May 31, 2014 and Mr. Bob Thurmond, Jr. whose term expires May 31, 2015. NTMWD is requesting that by a majority vote, the Wylie City Council reappoint Mr. Marvin Fuller or appoint another Director to serve a term from June 1, 2014 to May 31, 2016. Ehrlich reported Mr. Fuller had agreed to serve another term if appointed. Council Action A motion was made by Councilman Scott, seconded by Mayor pro tern White to appoint Mr. Marvin Fuller to serve another term on the North Texas Municipal Water District to begin June 1, 2014 and end May 31, 2016. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2014-11 into the official record. WORK SESSION • Discuss and provide direction regarding a proposed Code of Ethics for Council members and Board members, and a proposed amendment to the Council Rules of Procedures for a Travel Policy. (Mayor Hogue & Councilwoman Culver) Councilwoman Culver addressed council stating that she and Mayor Hogue had placed this item on the agenda to discuss the possible implementation of a Code of Ethics. She explained that this item has been discussed in prior Council meetings. She reviewed with council a rough draft with a proposed structure for a Code of Ethics for Council members and appointed Board members. She explained there are current state laws regulating the conduct of local public officials covering items such as conflict of interest and gifts. The intent of the proposed Code of Ethics was to supplement those laws by adopting additional regulations addressing items such as the appropriate use of City letterhead and the misuse or disclosure of confidential information. The proposal also includes the appointment of a Board of Ethics that would consist Minutes March 25, 2014 Wylie City Council Page 5 of 5 members and 2 alternates whose responsibility would be to hear complaints or inquiries and make recommendations to Council for action. The Board members must live within the city limits and may not serve on any other Council appointed Board or Commission during their term on the Board of Ethics. She noted the draft was not in a final form but is intended to identify the intent of the proposed ordinance. Also included is a draft Travel Policy which sets out conferences and meetings to be funded through the budget process as well as reimbursable travel expenses and per diem rates. There are currently no policies in place to address council travel. Councilwoman Culver explained that state law defines removal from office only to be possible through recall by the voters and the proposed Code of Ethics would not attempt to change that. It would however allow, in some cases, the censuring of a member for inappropriate actions. General consensus of council was that they would like to see the Code of Ethics and the Ethics Board move forward in concept with additional research and detail to be provided for: • Options for term limits for the Board of Ethics • Further define qualifications for the Board of Ethics • Further define the procedures for the Board of Ethics • Insure the right of the accused to be heard Additional direction to staff was to bring back a proposed travel policy for council members for consideration. • Discuss and provide direction regarding a possible amendment to the Code of Ordinances as it pertains to no smoking regulations. (Councilman Scott & Councilman Wintters) City Manager Manson addressed council stating that this work session was at the request of Councilmen Scott and Wintters. The council members are requesting a smoke free environment. She explained that the current Code of Ordinances regulates smoking and the use of tobacco products in municipal facilities and parks only. In researching options, cities have the ability to regulate smoking in municipal worksites, private worksites, restaurants, bars not in restaurants, and bars in restaurants. Manson reported the University of Houston has an extensive data base of all Texas cities and their associated regulations. Attached is information that provides the names of cities, an identified protection level, population and so forth. The protection categories are municipal worksites, private worksites, restaurants, bars not in restaurants, and bars in restaurants. Based on each city's regulations, a number of 1 — 5 is assigned to that category with 1 being "no restrictions" to 5 being "100% smoke free". Manson also provided a list of Collin County cities, Dallas County cities, all Texas cities sorted by population, and state-wide data. Based on that comparison data, it appears that Wylie is one of the least restrictive cities in Collin and Dallas counties. Manson explained that should Council wish to move forward with considering some level of regulation, staff will work with the City Attorney on additional research such as how regulations Minutes March 25, 2014 Wylie City Council Page 6 would be implemented and enforced, and are existing businesses "grandfathered". During this review, it may also be logical to review any issues surrounding e-cigarettes. Council direction to staff was to research and present to council: options for restricting e- cigarettes to minors; no smoking on public owned property and parks; and examples of no smoking in restaurants with a grandfather clause for existing restaurants, for further discussion. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:58 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman Scott to adjourn the meeting at 7:59 p.m. A vote was taken and the motion passed 7-0. ..? _ LEric Hogue, May ATTEST: r OF ti�;, �1 l 1 !:',1::r % Car le Ehrlich,Ci ecretary ���E� /i (-.-'-).-f ?,. 'o I�`r �Qi 0 GV,-1p A.R e.,Yi s►M s o 1887 s tAirEOFTES L Minutes March 25, 2014 Wylie City Council Page 7