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07-14-2009 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, July 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 7:04 p.m. with the following Wylie City Council members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter, Councilman Bennie Jones, and Councilman Rick White. Staff present were: City Manager, Mindy Manson; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Building Official, Mike McAnnally; Police Chief, John Duscio; Finance Director, Linda Vaughan; Planning Director, Renae' 011ie; Library Director, Rachel Orozco; Public Services Director, Mike Sferra; Construction Manager, Shane Colley; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Randy Hill representing the Summit Church gave the invocation and Police Chief John Duscio led the Pledge of Allegiance. PRESENTATION • Presentation to Outgoing 2008-2009 Boards and Commission Members. (E. Hogue, Mayor) Mayor Hogue and Mayor ProTem Byboth presented outgoing Boards and Commission members with certificates of appreciation for their time and service to the City of Wylie Boards and Commissions. Those outgoing members included: Bennie Jones, Parks and Recreation Board; David Goss, Parks and Recreation 4B Board; Warner Washington, Public Arts Advisory Board; Frank Spingola, Construction Code Board; Merrill Young, Wylie Economic Development Board, Parks and Recreation 4B Board and Southeast County Emergency Medical Services Coalition-Alternate; and David Dahl, Zoning Board of Adjustments. Those members honored but Minutes July 14, 2009 Wylie City Council Page 1 not in attendance included: Erick LeJeune and David James, Library Advisory Board; Joy Cortinas, Parks and Recreation Board; Tim Bennett, Planning and Zoning Commission; and Patsy Robertson, Public Arts Advisory Board. ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED AND REAPPOINTED BOARD AND COMMISSION MEMBERS • Administered by Judge Terry Douglas. Judge Terry Douglas administered the Oath of Office to newly appointed or re-appointed 2009- 2010 City of Wylie Boards and Commission members present. 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. DeDe Burke, residing at 1301 Aspen Lane, and Kent Crane, residing at 12914 CR 483; both representing the Wylie Downtown Merchants' Association addressed the Wylie City Council thanking them for coordinating the Downtown July Jubilee. Carol Tice, residing at 409 Woodhollow Drive, addressed the Wylie City Council stating her concerns regarding the alarm permit fees. MRA Erin Dougherty, residing at 2904 Lakefield Drive, addressed the Wylie City Council asking Council to consider a potential crosswalk at the intersection of Lakefield Drive and Springwell. Mayor Hogue welcomed Dallas City Councilwoman Vonciel Jones Hill stating that she was present as a guest of Councilman Bennie Jones who is employed by the City of Dallas. 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 June 23, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the Mayor to execute an Addendum to the Interlocal Boundary and ETJ Contract with the cities of Lavon, Nevada, Rockwall, and Garland. (J. Butters, Assistant City Manager) 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. Minutes July 14, 2009 Wylie City Council Page 2 REGULAR AGENDA Public Hearing Tabled from 5-26-09 Mayor ProTem Byboth requested Zoning Case #2009-01 be removed from the table and considered. Consensus of the Wylie City Council was to remove the item and consider. 1. (MOTION TO REMOVE FROM TABLE) Continue a Public Hearing and consider, and act upon, amendments to Zoning Ordinance No. 2001-48 and to the Official Zoning Map, 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. Generally bounded by Stone Road on the south, Butler Street on the north. ZC2009-01 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that this item was presented to Council on May 26, 2009. At that time Council requested that a Joint Work Session with the Planning and Zoning Commission be scheduled to discuss the details of the Ordinance. As a result of the Work Session held on July 7th, it was determined that the best option to implement the requested changes was to withdraw the initial proposal and resubmit the text amendment for consideration. Public Hearing Mayor Hogue continued the public hearing on Zoning Case 2009-01 at 7:24 p.m. asking anyone present wishing to address council on this item to come forward and keep their comments to three minutes. No one was present to address council regarding Zoning Case 2009-01. Mayor Hogue closed the public hearing at 7:25 p.m. Council Action A motion was made by Mayor ProTem Byboth seconded by Councilman Jones to accept the withdrawal for request to amend Zoning Ordinance No. 2001-48, as it relates to the proposed addition of Section 6.4 and the creation of the South Ballard Overlay. (ZC-2009-01). A vote was taken and the motion passed 7-0. General Business 2. Consider, and act upon, approval of an Engineering Services Agreement with CP&Y, Inc., in an amount not to exceed $485,596.00, for the design of the expansion of Stone Road (FM544) from Akin Lane to W.A. Allen Boulevard and south to Collins Boulevard. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed council stating that the 2005 City of Wylie Bond Program identified a.* $10,400,000 for the design and construction of Stone Road from Ballard Avenue to County Line Road. The 2007 Collin County Roadway Bond Program included $5,021,250 for the design and construction of Stone Road from Akin Lane to County Line Road. The first phase of Stone Road from Ballard Ave. to Akin Lane was completed in 2008 at a construction cost of $3,277,936.17. The Stone Road Phase II Minutes July 14, 2009 Wylie City Council Page 3 project includes the design of approximately 2,800 linear feet of a 4-lane paving section from Akin Lane to W.A. Allen Blvd and approximately 1,900 linear feet of paving of FM 544 south of Stone Road to Collins Blvd. 1,300 linear feet of off-site drainage is also included in the project. Council Discussion Councilman Goss asked it these improvements would include the Stone Road/FM 544/W.A. Allen intersection. Mr. Hoisted replied that an item would be brought before council on a future date to re-align that intersection. Mayor ProTem Byboth asked if the proposal was to design the improvement all the way to Collins. City Engineer Hoisted replied that it would be designed to go all the way to Collins within the costs presented tonight. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve an Engineering Agreement with CP&Y, Inc. in an amount not to exceed $485,596.00, for the design of the expansion of Stone Road (FM 544) from Akin Lane to W. A. Allen Boulevard and south to Collins Boulevard. A vote was taken the motion passed 7-0. 3. Consider, and act upon, the appointment of an alternate Council representative to the regional Emergency Preparedness Planning Council. (M. Manson, City Manager) Staff Comments City Manager Manson explained that in 2002 the Council of Governments created the regional Emergency Preparedness Planning Council (EPPC) in response to requests from elected officials that the various emergency preparedness plans be integrated and coordinated on a regional level. The EPPC meets every other month, and provides guidance and makes recommendations to the COG Executive Board and the Regional Emergency Preparedness Advisory Committee which is the technical arm (staff participants)of the initiative. She reported that this was a very active board and meets at least every other month. The alternate will meet only when Councilman White is unavailable. Councilman Goss stated that he would like to volunteer to serve on this committee. Mayor ProTem Byboth commented that Councilman Porter had served on the North Texas Council of Governments and was knowledgeable with the organization. Councilman Porter reported that he had served on the NTCOG Board and had good working relationships with its members and would be very willing to serve. Councilman Goss asked if this would be a conflict since he had served on the board. Councilman Porter replied that he was no longer serving on the board (2 year term expired) and would have no conflicts serving on the EPPC. Mayor Hogue asked if there were anymore nominations. Council Action A motion was made by Councilman Jones, seconded by Councilman White to appoint Councilman Goss as an alternate Council representative to the regional Emergency Preparedness Planning Council. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor ProTem Byboth, Councilwoman Spillyards, Councilman White, and Councilman Goss voting for and Councilman Porter voting against. 4. Consider, and act upon, Ordinance No. 2009-19 amending Ordinance No. 2008-40, Section 4 amending the time of the City of Wylie City Council regular meetings for the remainder of 2009. (M. Manson, City Manager) Minutes July 14, 2009 Wylie City Council Page 4 Staff Comments Mayor Hogue reported that he had requested staff to place this item on the agenda, after receiving comments from individual.council members asking to reconsider the time. Mayor Hogue reported that the reason for previously moving the time from 6:00 p.m. to 7:00 p.m. was to allow more citizens to participate in the meetings. Mayor Hogue reported the starting times for several cities in the area that ranged from the City of Dallas starting their meetings at 9:00 a.m. to the City of Rowlett starting their meeting at 5:30 p.m. and included several others ranging from 6:00 p.m. to 7:30 p.m. Mayor ProTem Byboth voiced concern that the current time was keeping staff very late in the evening and with the consideration of cost savings, it would be his recommendation to move back to 6:00 p.m. Councilman Goss stated that he had never been in favor of 6:00 p.m. meetings and would compromise at 6:30 p.m. He noted the other communities were not "bedroom communities" and therefore the meetings needed to start later in Wylie as citizens were driving in from other work areas. Councilwoman Spillyards stated that there had been no increase in attendance at the meetings since the meetings were moved to 7:00 p.m.; she was in favor of the 6:00 p.m. start time. Councilman Jones stated that he agreed with the 6:00 p.m. start time. Councilman Porter stated that he liked the 6:00 p.m. meeting time so staff and council could return to their families earlier. Mayor Hogue stated that whether we leave the meetings at 7:00 p.m. or move them to an earlier time, he suggested omitting the meals served to council in the past. He stated that with the economic budget restraints the city was currently working with, the council needed to forgo the meals. Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to approve Ordinance No. 2009-19 amending Ordinance No. 2008-40 Section 4 amending the time of the City of Wylie City Council regular meetings for the remainder of 2009 to 6:00 p.m. and discontinue serving meals prior to each meeting. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor ProTem Byboth, Councilwoman Spillyards, Councilman White, Councilman Jones and Councilman Porter voting for and Councilman Goss voting against. Mayor Hogue convened into Executive (closed) Session at 7:36 p.m. citing the exceptions listed below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 Deliberation Regarding Real Property; Closed Meeting Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters concerning real property. • Right-of-way and related easements for the construction of improvements to FM 1378 §§551.087 Deliberation Regarding Economic Development Negotiations; Closed Meeting • Discussion regarding an update and status of economic negotiations with Direct Development. Mayor Hogue reconvened into Regular Session at 8:00 p.m. Minutes July 14, 2009 Wylie City Council Page 5 RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. 5. Consider, and act upon, Resolution No. 2009-20(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way and related easements for the construction of improvements to FM 1378. (C. Hoisted, City Engineer) Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman Goss to approve Resolution No. 2009-20(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way and related easements for the construction of improvements to FM 1378. 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. 2009-19 into the official record. Mayor Hogue convened into work session at 8:00 p.m. All council members were present. WORK SESSION • Discussion regarding the City of Wylie FY 2009/2010 Annual Budget. (M. Manson, City Manager) City Manager Manson addressed council stating that she was pleased to submit the draft Fiscal Year 2009-10 Budget. She reported that the budget is balanced with recurring costs and expenditures remaining below expected revenues. She reported that the city's fund balance is extremely healthy due to effective long range financial planning. She reported that a recommendation would be made over multiple years to draw down some of the excess fund balance for non-recurring costs, which is the purpose of the fund balance. Manson reported that projected revenues based on Collin Central Appraisal District showed a scenario of a 1% reduction in residential property values and a 5% reduction in commercial values. This reduction in property values coupled with the decision to maintain the current tax rate (.8989) going into 2009-10 will require some non-essential services to be cut for the next couple of years. She reported that this decision was partially made due to the state of the overall economy. Items that will be added include: additional personnel for the new recreation center and library, moving forward with the public safety radio system partnered with the cities of Murphy, Plano, and Allen, and moving forward with the construction of the new city hall, recreation center and library. She reported that there would be no personnel step pay increases with the exception of .441. a few public safety personnel to adjust the salaries commensurate with the recently adopted step plan. Minutes July 14, 2009 Wylie City Council Page 6 Proposed reductions could include: elimination of the Fireworks Program, Clean Up/Green Up, Summer Concert Series (with the exception of the July Jubilee) and significant reductions in street and alley repairs for a two year period. Staffing for the library and recreation center would be staggered over the next two years to reduce overall costs but provide effective services in the new facilities. She reported that one new position of"help desk technician" would be added to the IT Department due to overwhelming needs for those services. City Manager Manson explained that this general fund budget reflects some difficult decisions but she remains confident that the city has the ability to provide effective and efficient services to the citizens. She thanked staff for their dedication, support and commitment to the organization and the community as a whole. Budget work sessions for the July 28th council meeting will include the 5-year Capital Improvement Fund and Utility Fund. A presentation of the FY 2009-10 Wylie Economic Development Corporation budget will also be included. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue re-convened into regular session at 9:40 p.m. ADJOURNMENT With no other business before the Wylie City Council, a motion was made by Councilman White, seconded by Councilman Jones to adjourn the meeting at 9:41 p.m. Consensus of the Wylie City Council was to adjourn. r r V Eric Hogue, Mayor (ii _r£oiiv4 • /) •7. c ' ATTEST: i r Ca hrlich, C' retary , ,•1887• — 'stirs of sss►- Minutes July 14, 2009 Wylie City Council Page 7