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.
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Wylie City Council
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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.
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• 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
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Wylie City Council
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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)
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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.
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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
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Wylie City Council
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