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04-28-2009 (City Council) Minutes ,tee., Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, April 28, 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 7:05 p.m. with the following City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, and Councilman Carter Porter. Councilman Merrill Young was absent. 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; Planning Director, Renae' 011ie; Library Director, Rachel Orozco; Building Director, Mike McAnnally; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Cub Master, Pack 418, Ronnie Rhodes gave the invocation and Boy Scout Pack 418 members led the Pledge of Allegiance. Present were: Den Leader and Assistant Den Leader, Buddy Perdue and Linda Perdue. Pack 418 members included: Hayden Rhodes, Zachary Perdue, Christopher Perdue, Troy Sargeant, and Alex Cavazos. Mayor Hogue presented a proclamation to Eagle Scout Brandon Stevens. Brandon was honored on February 28th with his Eagle Scout designation. Brandon designed and built a drainage system at Equest for the horse track as his Eagle Scout project. He is the son of David and Geanine Stevens. PRESENTATION • Presentation to 5th Six Weeks Star Students-Character Trait of"Fairness." Mayor/Council) Minutes—April 28 2009 Wylie City Council Page 1 Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the character trait of"Fairness." Each six weeks one student from each WISD campus is chosen as the "star student." • Proclamation — Motorcycle Safety and Awareness Month. (J. Duscio, Police Chief) Mayor Hogue presented Police Chief Duscio with a proclamation officially designating the month of May as "Motorcycle Safety and Awareness Month" in the City of Wylie. He noted that Chief Duscio was a motorcycle enthusiast. Chief Duscio reported that with the warm weather approaching, there would be more motorcyclists on the roads and asked all citizens to be aware of safe driving both for the motorcycle operators and vehicular drivers. • Proclamation presentation for"Rare Disease Day." (Mayor/Council) Mayor Hogue presented a Proclamation designating April 28th, 2009 as "Rare Disease Day" in the City of Wylie to Mr. and Mrs. B. J. Smith. The Smith's were accompanied by their son, Will who has Phelan-McDermid Syndrome; he is one of four hundred people in the world with this rare disease. Mr. Smith thanked the Wylie City Council and citizens of Wylie for their support. 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 *UM allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address the Wylie City 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 from the April 14, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the City Manager to execute a Memorandum of Understanding and an Interlocal Agreement between the Collin County Sheriff s Office, the City of Plano, Texas, the City of McKinney, Texas, the City of Allen, Texas, the City of Frisco, Texas regarding the application process and acceptance of the award of the BJA FY 2009 Recovery Act Byrne Justice Assistance Grant (JAG) Program. (J. Duscio, Police Chief) C. Consider, and act upon, a Final Plat for Southbrook Phase III, creating twenty- three (23) residential lots on 7.0 acres, generally located east of S. Ballard, south of Martin Drive and south of the Twin Lakes Subdivision Phase I. (R. 011ie, Planning , ... Director) D. Consider, and act upon, Ordinance No. 2009-13 amending Ordinance No. 2004-01 (Providing requirements for Park Land Dedication or payment of cash in lieu Minutes—April 28 2009 Wylie City Council Page 2 thereof), Section 8 (Appendix C — Fee schedule, section 15, Park Land Dedication fees); Ordinance amending Parkland Dedication Fees. (J. Butters, Assistant City Manager) E. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of March 31, 2009. (M. Beard, Interim Finance Director) F. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of March 31, 2009. (S. Satterwhite, Executive Director, WEDC) Mayor Pro Tern Byboth stated that based on the financials presented in the Consent Agenda, he wanted to thank City Manager Mindy Manson and her staff for their attention to expenditures their commitment to remaining under budget in all funds for the current year. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Young absent. REGULAR AGENDA General Business TABLED ITEM FROM APRIL 14,2009 Mayor Pro Tem Byboth asked that Item #1 be removed from the table for consideration. Consensus of the Council was to remove from the table and consider Item #1. 1. (MOTION To REMOVE FROM TABLE) Consider, and act upon, Ordinance No. 2009-11 adopting the City of Wylie Water Conservation Plan recommended by the North Texas Municipal Water District. (C. Holsted, City Engineer) 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. 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. Mr. Hoisted reported that as requested by Council on April 14th, a survey had been completed regarding other NTMWD member cities and the restrictions and recommendations each city had adopted. He reported that Mike Rickman, Assistant General Manager, and Denise Hickey, Public Relations Coordinator, for North Texas Municipal Water District were present to address the Council on this item. Mike Rickman, Assistant General Manager for NTMWD addressed Council stating that the proposed water conservation plan was a very important issue for the district. Two of the strategies emphasized in the plan are two day per week watering and time of day watering. He explained that when member cities « - adopt these strategies it allows them to have better management of their city's system and more control over maximum annual demand and forecasting water usage pursuant to the contract with the district. This plan also allows better operation of the distribution systems. When these strategies are adopted, cities are not required to build as large an operating systems and less water is is pushed through the system at Minutes-April 28 2009 Wylie City Council Page 3 any given time. Mr. Rickman noted that in order for the district to procure new sources of water, this plan is essential to the application process to the Texas Commission on Environmental Quality. He noted that the permitting process was extensive and permits were very difficult to obtain. He reported that the ditlftkabs district, in trying to stay ahead of water demand, will need water conservation to be part of the overall plan, along with new water sources. Council Discussion Mayor Hogue asked Mr. Rickman how the district could encourage all member cities to adopt these strategies. Mr. Rickman stated that the district was working diligently to encourage all member cities to adopt this recommended plan and will continue to do so in the future. Mayor Hogue offered to contact other mayors of member cities, who have not adopted these strategies, to encourage them to do so. Council Action A motion was made by Councilman Porter, seconded by Councilman White to adopt Ordinance No. 2009-11, the City of Wylie Water Conservation Plan recommended by the North Texas Municipal Water District. A vote was taken and the motion passed 6-0 with Councilman Young absent. 2. Consider, and act upon, Ordinance No. 2009-12 of the City of Wylie, Texas, Repealing Ordinance Nos. 98-16 and 2006-05; and Amending Ordinance No's 74- 09; 74-14; 78-17; 84-16; 85-34A; 87-15; 78-107; 89-13; 92-13; 98-29, and 99-17, (1) to delete fees; establishing a consolidated fee ordinance; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the proposed ordinance was drafted in order to consolidate all City of Wylie fees, charges, and rates into one document. A work session on the proposed ordinance was conducted at the April 14th City Council meeting. He reported that during that work session all proposed changes to existing fees where highlighted for Council consideration. After receiving feedback from Council on proposed fee changes, adjustments were made to the consolidated fee ordinance proposed tonight. Council Discussion Councilman Goss noted concerns he had with the fees for the rental of the park pavilions. He stated that these pavilions should be free to Wylie citizens and reservations should not be required. Assistant City Manager Butters reported that reservations were needed for scheduling large groups and the fees were to cover electrical costs and personnel time for parks staff to clean after each event. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tem Byboth to adopt Ordinance No. 2009-12, repealing and amending certain ordinances and establishing a consolidated fee ordinance, providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance and providing for the publication of the caption hereof. A vote was taken and the motion passed 6-0 with Councilman Young absent. Minutes—April 28 2009 Wylie City Council Page 4 3. Consider, and act upon, Resolution No. 2009-12(R) authorizing the Mayor to enter into an Interlocal Agreement between the City of Wylie and Wylie Northeast Water District for the provision of disconnecting water service to City of Wylie delinquent 4619110.6 sewer accounts. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that Wylie Northeast has a Water CCN and provides water service to residential and commercial accounts in the North West region of the City of Wylie. The City of Wylie provides sewer service within the Wylie Northeast service area. Wylie Northeast has agreed to the disconnect agreement and did approve and sign the agreement at their April 14th board meeting. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Goss to approve Resolution No. 2009-12(R) authorizing the Mayor to enter into an Interlocal Agreement between the City of Wylie and Wylie Northeast Water District for the provision of disconnecting water service to City of Wylie delinquent sewer accounts. A vote was taken and the motion passed 6-0 with Councilman Young absent. 4. Consider, and act upon, Resolution No. 2009-13(R) adopting the City of Wylie Identity Theft Program/Policy, as required by the Fair and Accurate Credit Transactions Act of 2003, and authorizing the City Manager to approve changes in the policy to reflect any new risks identified. (M. Beard, Interim Finance Director) Staff Comments Interim Finance Director Beard addressed Council stating that to help combat identity theft, Congress enacted sections 114 and 315 of the Fair and Accurate Credit Transaction Act of 2003 (FACTA). These rules and guidelines became effective January 1, 2008 with mandatory compliance by November 1, 2008. The FTC extended the deadline compliance for creditors to May 1, 2009. She reported that the utility billing department was already following these guidelines that are recommended for formal approval tonight. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve Resolution No. 2009-13(R) adopting the City of Wylie Identity Theft Program/Policy, as required by the Fair and Accurate Credit Transactions Act of 2003, and authorizing the City Manager to approve changes in the policy to reflect any new risks identified. A vote was taken and the motion passed 6-0 with Councilman Young absent. 5. Consider, and act upon, Ordinance No. 2009-14 amending Ordinance No. 2008-41 (2008-2009 Budget) for $477,727.70 for condemnation of certain parcels of land required for a right-of-way for extending improvements for the Springwell Parkway Extension Project. (M. Manson, City Manager) Minutes—April 28 2009 Wylie City Council Page 5 Staff Comments City Manager Manson addressed Council stating that City Engineer Hoisted, herself and the City Attorney had attended mediation this past Friday afternoon which was successful. Through this mediation a final settlement was reached in the amount of$300,000. Therefore a check must be deposited with the County in order to further the proceedings. Staff is recommending utilizing $279,606.35 from the Thoroughfare Impact Fees with the balance of the funding of$20,393.65 being drawn from Fund Balance. Council Action A motion was made by Councilwoman Spillyards, seconded by Mayor Pro Tern Byboth to adopt Ordinance No. 2009-14 amending Ordinance No. 2008-41 (2008-2009 Budget) for $300,000.00 for condemnation of certain parcels of land required for a right-of-way to extend improvements for the Springwell Parkway Extension Project. A vote was taken and the motion passed 6-0 with Councilman Young absent. 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 captions to Ordinance Nos. 2009-11, 2009-12, 2009-13 and 2009-14 into the official records. Announcement Mayor Hogue announced that Budget Analyst Karla Stovall was moving to Austin, Texas and Friday May 22, 2009 would be her last day. On behalf of the City of Wylie City Council and Staff he wanted to thank her for her many years of service to the City of Wylie. Mayor Hogue convened into Work Session at 8:15 p.m. WORK SESSION • Presentation by design firms of Teague, Nall and Perkins, Inc. and Jacobs Engineering Group, Inc. for design services related to the Community Park Improvements. (M. Sferra, Public Services Director) Wylie Parks Superintendent Bill Nelson addressed Council stating that a Selection Committee was appointed, consisting of himself, Assistant Superintendent Robert Diaz and Parks board members Benny Jones and Donna Larson. Staff and the committee developed the Requests for Qualifications (RFQ) and solicited twelve firms. All firms were ranked by the committee and the committee interviewed five of the firms. Mr. Nelson reported that the committee has narrowed the list to two firms to recommend to the City Council. They are: Teague, Nall and Perkins, Inc. and Jacobs Engineering Group, Inc. The firms will give a short presentation tonight. Chris Seely representing Teague, Nall and Perkins, Inc. presented his firms qualifications and a slide presentation showing the current park and some of the proposed layouts for parking, facilities, and amenities. Minutes—April 28 2009 Wylie City Council Page 6 Phillip Neely representing Jacobs Engineering Group presented his firms qualifications and a slide presentation showing the proposed layouts for parking, facilities, and amenities. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 9:05 p.m. 6. Consider, and act upon, ranking the finalist design firms and authorizing the City Manager to negotiate a contract with the top ranked firm for the Community Park Improvements. (M Sferra, Public Services Director) Staff Comments Parks Superintendent Nelson addressed Council stating that the Council has heard from both firms. Should the City Council select a design firm, from the finalist list, then the City Manager will initiate negotiations relative to scope, services, fees and payment schedules with the top ranked firm. If a tentative agreement is reached, then the City Manager will return with a contract for City Council consideration and possible action. If a tentative agreement cannot be reached with the top ranked firm, then negotiations will begin with the second ranked firm, until a tentative agreement can be reached and a contract can be brought to the City Council. Council Action A motion was made by Councilman Goss, seconded by Mayor Pro Tern Byboth to selection . .. Teague, Nall and Perkins, Inc. as the first choice firm and authorize the City Manager to negotiate a contract with the top ranked firm for the Community Park Improvements. A vote was taken and the motion passed 6-0 with Councilman Young absent. Public Hearing 7. Hold a Public Hearing, consider and act upon, amending regulations to Zoning Ordinance No. 2001-48,Article 6, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay, including district boundaries and design standards and Article 5 as it relates to allowed uses. ZC2009-01 Staff Comments City Manager Manson reported that due to the public hearing publication, staff is recommending opening the public hearing to take any comments from citizens and then tabling this item to the May 26, 2009 City Council Meeting. Public Hearing Mayor Hogue opened the Public Hearing on Zoning Case 2009-01 at 9:12 p.m. asking anyone present wishing to address the Council on this item to come forward and limit their comments to three minutes. No one was present to address Council regarding Zoning Case#2009-01. Minutes—April 28 2009 Wylie City Council Page 7 Council Action A motion was made by Councilman White, seconded by Councilman Porter to table ZC 2009-01 to the May 26, 2009 Regular City Council Meeting. A vote was taken and the motion passed 6-0 with Councilman Young absent. WORK SESSION • Discussion of the City of Wylie 2010 Budget. (M. Manson, City Manager) City Manager Manson, Interim Finance Director Beard and Budget Analyst Stovall gave a short presentation on the preliminary data for property tax revenues and other revenue source estimates in relation to expenditures for the FY 2009/2010 Budget year. Figures for the Long Term Financial Plan were also discussed. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 9:55 p.m. 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 9:55 p.m. Consensus of City Council was to adjourn. ‘0 A Eric Hogue, Ma °F141'pqr ATTEST: • filiermwe tr1 .1 . tip = r • Carole Ehrlich, City ecre aryl Ory Minutes—April 28 2009 Wylie City Council Page 8