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04-14-2009 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, April 14, 2009 — 7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 7:02 p.m. with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police Chief, John Duscio; Interim Finance Director, Melissa Beard; WEDC Executive Director, Sam Satterwhite; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Police Chief John Duscio led the Pledge of Allegiance. 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. Barry Patrick, (700 Sanden Blvd., Wylie TX) owner of Wylie Tractor Supply was present to address Council. He reported that CWD Waste, the cities solid waste contractor, had caused a large oil spill which covered the parking areas of several businesses. He explained that he had been in contact with the contractor several times and nothing had been done to remediate the damage. He asked that the contractor take care of the damage caused by their equipment. Mayor Hogue asked the City Manager and staff to look into the issue. Minutes—April 14, 2009 Wylie City Council Page 1 Councilman Goss addressed Council wishing to thank the Wylie Fire Department for their volunteerism in joining other area fire departments to assist with the recent wildfires. He applauded their dedication and commitment and in keeping the Wylie City Council informed. 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 from the March 24, 2009 Regular Meeting and the March 31, 2009 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of an amendment to the Engineering Services Agreement with Half Associates, Inc., in the amount of $32,000, for the Founders Park Improvements for additional design related to an expanded scope of services. (M. Sferra, Public Services Director) Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2009-11 adopting the North Texas Municipal Water District Model Water Conservation Plan, as modified for the City of Wylie, as the Water Conservation Plan for the City of Wylie, Texas. (M. Sferra, Public Services Director) Staff Comments City Engineer Hoisted addressed Council stating that although the City of Wylie previously adopted a Drought Contingency Plan in 2006, no formal action has been taken to adopt a Water Conservation Plan. He explained that Title 30 Texas Administrative Code, Chapter 288 requires water systems to submit a Water Conservation Plan to the Texas Water Development Board by May 1, 2009. He reported that after the drought conditions which occurred in 2006, representatives of the member cities met with North Texas Municipal Water District (NTMWD) to develop a Model Water Conservation Plan that member cities could adopt, with minor modifications to fit individual needs, to establish uniformity among member cities. Mr. Hoisted explained that the requirements of the proposed Water Conservation Plan include the following landscape water management measures: • Time of day restrictions prohibiting lawn irrigation watering from 10 AM to 6 PM beginning April 1 and ending October 31 of each year. • Prohibition of watering of impervious surfaces. (Wind driven water drift will be taken into consideration.) • Prohibition of outdoor watering during precipitation or freeze events. Minutes—April 14, 2009 Wylie City Council Page 2 • Lawn and landscape irrigation limited to twice per week. • Prohibition of the use of treated water to fill or refill residential, amenity, and any other natural or manmade ponds. A pond is considered to be a still body of water with a surface area of 500 square feet or more. • Rain and freeze sensors and/or ET or Smart controllers required on all new irrigation systems. Rain and freeze sensors and/or ET or Smart controllers must be maintained to function properly. • "At home" car washing can be done only when using a hose with a shut-off nozzle. • Prohibition of watering areas that have been over seeded with cool season grasses (such as rye grass or other similar grasses), except for golf course and public athletic fields. In addition, the City of Wylie adopts the following as part of the City Plan: • Recommend, not require, that all existing irrigation systems be retrofitted with rain and freeze sensors and/or ET or Smart controllers capable of multiple programming. Rain and freeze sensors and/or ET or Smart controllers must be maintained to function properly. • Prohibition of use of poorly maintained irrigation systems that waste water. • Recommend no planting of cool season grasses (such as rye grass or other similar grasses) that intensify cool season water requirements, with an exception allowed for golf courses and public athletic fields. • Requirement that the playing surface on all new public athletic fields be irrigated by a separate programmable irrigation zone from surrounding areas. • Requirement that all new or rehabilitated irrigation systems must be designed, inspected, and installed in accordance with TCEQ rules. He explained that in addition to the conservation measures described and when resources and funds are available and duly budgeted, the Plan includes provisions for implementing a water conservation rebate program. He reported that enforcement will be accomplished by City staff during the performance of their normal duties and travel. If violations or potential violations are observed, City staff will first contact the water customer and educate and advise them how to correct the matter in a timely fashion to prevent implementing additional enforcement measures. Council Discussion Mayor Hogue asked which cities had adopted this or a similar plan. Mr. Hoisted replied that the cities of McKinney, Allen and Frisco had adopted this plan; other cities in the NTMWD were still in the review process and had not yet adopted a plan. Mayor Hogue asked who would enforce this ordinance. Mr. Hoisted stated the Public Works Department would enforce the ordinance. Mayor Hogue asked if the parks would have enough irrigation with two day water restrictions. Mr. Hoisted stated that two day watering would be enough to keep the parks and fields irrigated. Councilwoman Spillyards stated that she would rather see the city educate citizens rather than legislate conservation measures. Mr. Hoisted agreed that education was the key to water conservation but noted that the ordinance would give teeth to non complying residents. Councilman Goss stated that he had concerns with restricting residents to two day watering and legislating the type of grass that could be planted. He stated that he believed that this plan was over legislating water conservation. Mayor Hogue stated that he was concerned that other member cities would not be as restrictive. Councilman Young noted that once the city starts legislating watering and grasses, the next step might be zero scraping. He explained that this was not a good direction to go. Mr. Hoisted explained that the proposed reduction in water usage in the plan was 4 gallons per person per day. He stated that this did not seem like a lot of savings but would total to over 50 million gallons per year. Mayor Hogue commented that there were some concerns voiced by council members. He asked staff if the item could be tabled and still meet the May 1st deadline. City Manager Manson replied that there would be another council meeting on the 28th of April and asked for direction from Council regarding other Minutes—April 14, 2009 Wylie City Council Page 3 concerns in addition to the two day frequency of watering and grass requirements. Mayor Hogue requested that information be obtained on what other cities were proposing for this plan and what requirements have been passed by other cities. Councilman Goss asked that all restrictions placed in the plan be requirements that can be enforced by the city. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Goss to table consideration of Ordinance No. 2009-11 adopting the North Texas Municipal Water District Model Water Conservation Plan, as modified for the City of Wylie to the April 28, 2009 regular city council meeting. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, appointment of a member to the North Texas Municipal Water District (NTMWD) Board to fill an expired term of June 1, 2009 to May 31, 2011. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the City of Wylie has two board members on the NTMWD Board; Mr. Marvin Fuller whose term expires May 31, 2010 and Mr. Robert Thurmond, Jr. whose term expires May 31, 2009. NTMWD is requesting that by majority vote, the Wylie City Council reappoint Mr. Robert Thurmond, Jr. or appoint another director to serve a term from June 1, 2009 to May 31, 2011. City Council will need to make this appointment before the term expires May 31, 2009. She reported that Mr. Thurmond had stated that he would be willing to serve another term and was present to address the Council. Mr. Robert Thurmond, Jr. addressed Council stating that he had enjoyed serving as one of the city's NTMWD representatives. Mayor Hogue asked how long he had served on this board. Mr. Thurmond stated he had served for two years. Councilman Young asked Mr. Thurmond what his opinion was with regard to water conservation. Mr. Thurmond replied that conservation was extremely important. He reported that twenty five percent of all future water will come from conservation; if we do not conserve it will be lost. He explained that fifty percent of the water used each year was for irrigation. He explained that there were new programs being considered, such as potable water for irrigation that would be implemented in the future. Councilman Porter noted that Mr. Thurmond was a licensed irrigator and had extensive experience in this field and was certified; he brings experience to the NTMWD board that previously was not provided. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to appoint Mr. Robert Thurmond, Jr. to serve on the North Texas Municipal Water District Board of Directors for a two year term beginning June 1, 2009 and ending May 31, 2011. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, approval of Amendment No. 1 to the Professional Engineering Services Agreement, in an amount not to exceed $57,000,with Birkhoff, Hendricks & Conway, L.L.P. for the design of the expansion of Brown Street from FM 1378 to Ballard Avenue. (C. Holsted, City Engineer) Minutes—April 14, 2009 Wylie City Council Page 4 Staff Comments City Engineer Hoisted addressed Council stating that the 2005 City of Wylie Bond Program identified - $9,000,000 for the design and construction of approximately 9,500 linear feet of 4-lane concrete pavement section with sidewalks on Brown Street from FM 1378 to Ballard Avenue. $4,453,750 was also included in the recent Collin County Bond Program for the project and those funds are scheduled to be available in FY 2010. Total funds available for the project are$13,453,750. The first bond issue included $1,220,000 for engineering and right of way acquisition for this project. Engineering services for the project include the design of a 4-lane paving section, storm sewer, sidewalks, utility relocations, erosion control, traffic control, and right of way documents. Two alternates are being considered with the project. The first alternate is improvements to the drainage channel from Winding Oaks to Brown Street. The improvements include a concrete pilot channel and rock gabion walls to match the portion south of Brown Street that was completed in 2004. The second alternate is the reconstruction of the alley from Brown to Jefferson between Jackson and Ballard. The alley is currently not paved and commercial businesses on Ballard and Jackson use the alley to access parking in the rear of the property. The increase in design services is $57,000 and includes field surveys and design services. City Engineer Hoisted reported that the expansion design would be bid as an alternative to the construction documents. Council Action A motion was made by Councilman Goss, seconded by Councilman White to approve Amendment No. 1 to the Professional Engineering Services Agreement, in an amount not to exceed $57,000.00 with Birkhoff, Hendricks & Conway, L.L.P. for the design of the expansion of Brown Street from FM 1378 to Ballard Avenue. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, Resolution No. 2009-11(R) denying CoSery Gas Ltd.'s requested rate changes; authorizing intervention in any necessary proceedings affecting city's interests before administrative or judicial bodies; requiring reimbursement of reasonable legal and consultant expenses; finding that the meeting at which this resolution is adopted is open to the public as required by law; and requiring delivery of this resolution to the company and legal counsel. (M. Manson, City Manager) Staff Comments City Manager Manson reported that CoSery had requested an additional 30 day extension to give both parties more time to gather information and come to a mutual agreement. She noted that the city's Steering Committee for CoSery had requested that the item be pulled to allow the additional time. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilwoman Spillyards to pull Item #4, consideration of Resolution No. 2009-11 denying CoSery Gas Ltd's requested rate changes from the agenda and take no action on this item. A vote was taken and the motion passed 7-0. Mayor Hogue convened into Work Session at 7:40 p.m. WORK SESSION • Discussion regarding the City of Wylie 2008-2009 Comprehensive Fee Schedules. Minutes—April 14, 2009 Wylie City Council Page 5 Assistant City Manager Butters presented a draft of the proposed 2009 Comprehensive Fee Ordinance and a document tracking all new or changed fees. He explained that the last Comprehensive Fee Ordinance, Ordinance No. 1998-16, was past 11 years ago. There have been hundreds of amendments to this ordinance over the years. He noted that if staff or the general public was looking for a specific fee, there was no single place to look. ACM Butters reviewed each fee with the Council members. Direction from Council was to bring back more information on the following fee items: Beer and Wine Application Renewal Fees, Community Center and Park Pavilion Rental Fees, and consider an hourly city rate for time spent with contractors providing wastewater taps greater than 8 ft. deep in lieu of a percentage of overall costs. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 8:10 p.m. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. There were no ordinance captions to read into the official records. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to adjourn the meeting at 8:12 p.m. Consensus of City Council was to adjourn. Eric Hogue, Mayo OFi . 40 ATTEST: r 1111:I, Ri ' ::, t Ca le Ehrlich, C' etary .4111!Of ISO Minutes—April 14, 2009 Wylie City Council Page 6