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09-08-2009 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, September 8, 2009 — 6:00 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 6:00 p.m. with the following Wylie City Council members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman Rick White, and Councilman Bennie Jones. Councilman David Goss was absent. ... Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; Police Chief, John Duscio; Finance Director, Linda Vaughan; Library Director, Rachel Orozco; City Secretary, Carole Ehrlich; Human Resource Manager, Lynn Fagerstrom; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Eric Hogue gave the invocation and Girl Scout Troop 3266 led the Pledge of Allegiance. Girl Scouts present included: Mandi Mills and Kenzie Sandburg. Troop leader Cheri Sandburg was also present. PRESENTATION • Presentation and Recognition of Wylie 9-1-1 Telecommunicators. (R. Corbin, Fire Chief) Mayor Hogue asked citizens present to take a moment of silence in respect and honor for those who lost their lives September 11, 2001. Mayor Hogue, Fire Chief Corbin, and Police Chief Duscio presented T-shirts designating September 11th as 9-1-1 Telecommunicator's Appreciation Day. The mayor and chiefs thanked the staff of the Wylie 9-1-1 Dispatch Team for their dedication and professionalism to the citizens of Wylie while performing emergency communications between citizens and emergency personnel in a sometimes very stressful environment. Those staff members present included: Minutes September 8, 2009 Wylie City Council Page 1 Albert Allen, Dana Davis, Allison Fredrick, Jessica Garcia, Lisa Laird, Aaron Oleson, Tristian Overbey, and Kristen Wissinger. Chief Corbin announced that Dispatch Supervisor, now a Certified Communications Center Manager, Michelle Holcomb was on duty and unable to '"-" attend, allowing her staff to be present for the council meeting. • Presentation to Citizens Emergency Response Team (CERT) Class #2 Graduates. (R. Corbin, Fire Chief) Mayor Hogue and Fire Chief Corbin presented T-Shirts to Class #2 Graduates of CERT. He explained that the Community Emergency Response Team known as CERT is comprised of individuals from the community who go through a 9 week training session for basic disaster response skills. CERT members can assist others in their community following a disaster until professional first responders can arrive. Members of Wylie CERT #2 Class are: Kevin Brandon, Danny Goad, Kathy Grossman, Christina Harris, Tammie Hogue, Chris Keller, Rhonda Logsdon, Lance Luther, Chris Nardei, Billinda Shelle, Raquel Solis, Gilbert Tamez, PD White, and Gayle Whitley. He thanked thie group for taking the time to help in their community. Chief Corbin also, thanked personnel from the Wylie Fire Rescue for their time and training of the graduates. 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. There were no citizens present wishing to address council during citizens comments. iliadoWOM 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 August 25, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-24(R) authorizing the Mayor to execute a Multi—Year Step Program Grant Agreement, in the amount of$68,481.59 for 2010, $78,009.91 for 2011, and $88,493.75 for 2012, with the State of Texas Department of Transportation. (J. Duscio, Police Chief) C. Consider, and act upon, approval and final acceptance of the construction of the 12- inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits and authorize final payment to 2L Construction LLC in the amount of$17,961.85, and accept the project as complete. (C. Holsted, City Engineer) D. Consider, and act upon, Ordinance No. 2009-24 amending regulations to Zoning Ordinance No. 2001-48, Article 6, expanding the Downtown Historic District to include property on Ballard Avenue north of Brown Street. ZC 2009-04 (R. 011ie, OM "" Planning Director) E. Consider, and act upon, Ordinance No. 2009-25, amending the zoning from Minutes September 8, 2009 Wylie City Council Page 2 Commercial Corridor (CC) District to Commercial Corridor with Specific Use Permit (SUP) for a 252-foot Radio Tower (CC -w/SUP) District to be located along ,te.eh the northwestern portion of Wylie Municipal Complex. ZC 2009-05 (R. 011ie, Planning Director) F. Consider, and act upon, a Final Plat for McKee Addition, Block A, Lot 1, creating a commercial lot on 0.830 acre; dedicating rights-of-way and a 24-foot access easement on the property. The property is generally located northwest of SH 78 and Eubanks Lane. (R. 011ie, Planning Director) G. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2009. (S. Satterwhite, Executive Director, WEDC) H. Consider, and act upon, a request from Wylie Preparatory Academy to sell apparel and request a gate fee as a donation towards offsetting costs for games held at Community Park for the fall 2009 season. (B. Nelson, Parks and Recreation Superintendent) Council Action A motion was made by Councilman White, seconded by Mayor ProTem Byboth to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Goss absent. RECESS CITY COUNCIL Mayor Hogue called for a recess of the Wylie City Council in order for the Wylie Parks and Recreation Facilities Development Corporation to meet. CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION Mayor Hogue (4B Board Chair) called the Wylie Parks and Recreation Facilities Development Corporation 4B board to order at 6:25 p.m. Board members present included: Kathy Spillyards, Bennie Jones, Rick White, Dan Chesnut, and Vice Chair Anne Hiney. Board member Shirley Burnett was absent. 1. Consider, and act upon, approval of the Minutes from the December 9, 2008 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 4B Board Action A motion was made by board member Chestnut, seconded by vice chair Hiney to approve the Minutes September 8, 2009 Wylie City Council Page 3 December 9, 2008 4B board minutes as presented. A vote was taken and the motion passed 6- 0 with board member Burnett absent. 48.144, 2. Consider, and act upon, approval of the FY2009-2010 4B Budget and authorizing expenditures for the FY2009-2010 Community Services Facilities Capital Improvement Plan. (L. Vaughan, Finance Director) 4B Board Action A motion was made by vice chair Hiney, seconded by board member Spillyards to approve the FY 2009-2010 4B budget authorizing expenditures for the FY 2009-2010 Community Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 6-0 with board member Burnett absent. ADJOURN With no further business before the Wylie Parks and Recreation Facilities Development Corporation 4B board, Chairman Hogue adjourned the meeting at 6:28 p.m. Consensus of the 4B board was to adjourn. RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL Mayor Hogue reconvened the Wylie City Council into Regular Session at 6:29 p.m. All council members were present. REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2009-26 adopting the City of Wylie budget and appropriating resources for Fiscal Year 2009-2010, beginning October 1, 2009 and ending September 30,2010. (L. Vaughan, Finance Director) Staff Comments Finance Director Vaughan addressed Council stating that the tax rate being proposed for Fiscal Year 2009-2010 is $0.8989 per $100 of assessed valuation. She explained that the summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation and are calculated on this tax rate. Ms. Vaughan reported that the tax rate would be considered under a separate item during the meeting. Mayor Hogue reiterated that this budget was based on reductions in the general fund including no pay increases for staff. He reported that the proposed tax rate would remain the same as last year's tax rate with no increase in taxes to citizens. City Manager Manson reported that within the proposed budget approximately $2,700 had been moved from council meals to fund the same amount for the Wylie Meals on Wheels program per council direction. She noted that the $37,000 that had previously been earmarked for not-for-profit organizations will remain in the council budget to be used later in the year for special events funding, per council Minutes September 8, 2009 Wylie City Council Page 4 direction. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2009-26 adopting the City of Wylie budget and appropriating resources for Fiscal Year 2009-2010, beginning October 1, 2009 and ending September 30, 2010. A vote was taken and the motion passed 6-0 with Councilman Goss absent. 2. Consider, and act upon, ratifying the property tax increase reflected in the approved City of Wylie Fiscal Year 2009-2010 Budget. (L. Vaughan, Finance Director) Staff Comments Finance Director Vaughan addressed Council stating that H.B. No. 3195 was approved during the 2007 Legislative Session, creating a new requirement for the approval of the budget. Under Section 4, subsection C the bill states, "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." Council Action A motion was made by Councilman Porter, seconded by Councilman White to ratify the property tax increase reflected in the approved City of Wylie Fiscal Year 2009-2010 Budget. A vote was taken and the motion passed 6-0 with Councilman Goss absent. 3. Consider, and act upon, approval of the Fiscal Year 2009-2010 4B Budget and authorize expenditures for the Fiscal Year 2009-2010 Community Services Facilities Capital Improvement Plan. (L. Vaughan, Finance Director) Staff Comments Finance Director Vaughan addressed council stating that the Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the 1/2 cent sales tax for parks, recreation and library projects. As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of sales tax receipts for projects approved by the City Council. Further, the Bylaws state that, "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve the fiscal Year 2009-2010 Budget and authorize expenditures for the Fiscal Year 2009-2010 Community Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 6-0 with Councilman Goss absent. 4. Consider, and act upon, Ordinance No. 2009-27 fixing the tax rate/levy for Tax Year 2009 and for the Budget Year FY2009-2010 at $0.8989 per $100.00 of assessed valuation. (L. Vaughan, Finance Director) Minutes September 8, 2009 Wylie City Council Page 5 Staff Comments Finance Director Vaughan addressed council stating that the tax rate needed to fund the FY2009-2010 budget is $0.89890 per $100 of assessed valuation. The tax rate is broken down with $0.55022 being used for operations and maintenance and $0.34868 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of$12,229,268 for the General Fund and $7,749,837 for the I & S Fund. The adopted Fiscal Year 2009-2010 budget requires the support of this ordinance for funding. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilwoman Spillyards to approve Ordinance No. 2009-27 fixing the tax rate/levy for Tax Year 2009 and for the Budget Year FY 2009-2010 at $0.8989 per $100.00 of assessed valuation. A vote was taken and the motion passed 6-0 with Councilman Goss absent. 5. Consider, and act upon, Resolution No. 2009-25(R) approving the City of Wylie current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A-Authorized Investments for Governmental Entities. (L. Vaughan, Finance Director) Staff Comments Finance Director Vaughan addressed Council stating that the Texas Government Code requires that the governing body of an investing entity review its investment policy not less than annually. The governing body should adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and that the written instrument so adopted shall record any changes made to the investment policy. The current Investment Policy was approved December 12, 2006. No changes are currently being made to it. Council Action A motion was made by Councilwoman Spillyards, seconded by Mayor ProTem Byboth to adopt Resolution No. 2009-25(R) approving the City of Wylie's current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A- Authorized Investments for Governmental Entities. A vote was taken and the motion passed 6-0 with Councilman Goss absent. 6. Consider, and act upon, Ordinance No. 2009-28 finding that the current rates of CoSery Gas Ltd. Are unreasonable; approving CoSery Gas Ltd.'s revised and uncontested tariffs; setting the effective date of new tariffs as of October 1, 2009; finding rate case expenses reasonable; finding that any relief requested by CoSery Gas Ltd. not specifically granted herein is denied; finding that the meeting at which this ordinance is passed is open to the public as required by law; providing for notice of this ordinance to CoSery Ltd.; and providing an effective date. Staff Comments City Manager Manson addressed council stating that on or about December 18, 2008, CoSery Gas Ltd. ("CoServ" or "Company") filed its Statement of Intent to change gas rates in all municipalities within the CoSery System. This ordinance represents the Coalition of Cities exercise of its original jurisdiction to Minutes September 8, 2009 Wylie City Council Page 6 evaluate the reasonableness of natural gas rates charged within city limits. The ordinance approves CoSery Gas Ltd.'s revised tariffs applicable to residential and commercial service in the City of Wylie. The revised tariffs reflect the agreement reached between the Coalition of Cities served by CoSery (of which Wylie is a member) and CoSery regarding CoServ's Statement of Intent to increase rates. Originally the proposed rate increase was $2,915,367 or 19.7%. The agreed upon rate increase included $1.3 million or 8.35% for residential and 26.2% for commercial. This increase was agreed upon by all coalition member cities. Council Action A motion was made by Councilman Porter, seconded by Mayor ProTem Byboth to adopt Ordinance No. 2009-28 finding that the current rates of CoSery Gs Ltd. are unreasonable; approving CoSery Gas Ltd.'s revised and uncontested tariffs; setting the effective date of new tariffs as of October 1, 2009; finding rate case expenses reasonable; finding that any relief requested by CoSery Gas Ltd. Not specifically granted herein is denied; finding that the meeting at which this ordinance is passed is open to the public as required by law; providing for notice of this ordinance to CoSery Ltd.; and providing an effective date. A vote was taken and the motion passed 5-lwith Mayor Hogue, Mayor ProTem Byboth, Councilwoman Spillyards, Councilman White and Councilman Porter voting for and Councilman Jones voting against. Councilman Goss was absent. 7. Consider, and act upon, Ordinance No. 2009-29 amending Ordinance No. 2006-16 and Chapter 74, Article VII (Graffiti Vandalism) of the City of Wylie Code of Ordinances, for the purpose of revising regulations relating to the removal of graffiti on private property. (I Butters, Assistant City Manager) Staff Comments Assistant City Manger Butters addressed council stating that the Texas State Legislature recently passed HB 2086 which went into effect September 1, 2009. One provision of HB 2086 states that Cities cannot charge property owners for graffiti removal unless the City has previously offered to clean up the graffiti for free, and the property owner has refused this offer. If a property owner does refuse free graffiti remediation by the City, the City can then declare the graffiti a public nuisance, obtain access to the property, clean up the graffiti, and charge the owner. Our current Graffiti Ordinance is in conflict with HB 2086. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Jones to adopt Ordinance no. 2009-29 amending Ordinance No 2006-16 and Chapter 74, Article VII (Graffiti Vandalism) of the City of Wylie Code of Ordinances, for the purpose of revising regulations relating to the removal of graffiti on private property. A vote was taken and the motion passed 6-0 with Councilman Goss absent. 8. Consider, and act upon, accepting a bid and entering into lease agreement on 65 acres of City property to be used for hay production. (J. Holcomb, Purchasing Manager) Staff Comments Public Services Director Sferra addressed council stating that competitive bids were solicited for the lease of certain City owned real property, consisting of approximately 65 acres, located on what is commonly Minutes September 8, 2009 Wylie City Council Page 7 referred to as the Wells Property. The resulting lease agreement would provide for temporary use of the property for the sole purpose of hay production. The primary benefit to the City is to prevent the property from becoming overgrown with weeds. The term of the lease would be for a period of one year with an option to renew for one additional one year. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman Porter to approve and authorize the Mayor to enter into a Lease Agreement, in the amount of $475.00, with Ben Scholz for the purpose of hay production on approximately 65 acres of City property. A vote was taken and the motion passed 6-0 with Councilman Goss absent. 9. Consider, and act upon, acceptance of the resignation of Lisa Palomba and appointment of a new Board Member to the Construction Code Board to fill the unexpired term of July 1,2009 to June 30,2011. (M. McAnnally, Building Official) Staff Comments City Manager Manson addressed council stating that due to the resignation of Ms. Lisa Palomba, the Building Department is requesting the Mayor and Council select and appoint a person to fill the vacant position of Board Member to the City of Wylie Construction Code Board. She reported that Ms. Palomba had indicated that she had time constraints and could no longer serve on the board. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman White to accept the resignation of Lisa Palomba and appoint Construction Code Board Alternate Brian Huddleston to Ms. Palomba's position for the unexpired term of July 1, 2009 to June 30, 2011 and appoint Sunil Verma as the alternate to replace Brian Huddleston as an alternate. A vote was taken and the motion passed 6-0 with Councilman Goss absent. 10. Consider, and act upon, acceptance of the resignation of David Willey and appointment of a new Board Member to the Parks and Recreation Board to fill the unexpired term of July 1, 2008 to June 30, 2010. (B. Nelson, Parks and Recreation Superintendent) Staff Comments City Manager Manson reported that due to the resignation of Mr. David Willey, the Parks and Recreation Division is requesting the Mayor and Council select and appoint a person to fill the vacant position of the Board Member to the City of Wylie Parks and Recreation Board. She reported that Mr. Willey notified the city that due to unexpected personal obligations he must resign as a Board Member. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman White to accept the resignation of David Willey and appoint Eddie Rogers to the unexpired term of July 1, 2008 to June 30, 2010. A vote was taken and the motion passed 6-0 with Councilman Goss absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. Minutes September 8, 2009 Wylie City Council Page 8 City Secretary Ehrlich read the captions to Ordinance No.'s 2009-24, 2009-25, 2009-26, 2009- 27, 2009-28 and 2009-29 into the official record. Mayor Hogue recessed into Executive Session at 7:06 p.m. noting the exceptions listed below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 Consultation with Attorney; Closed Meeting Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding: • Placement of Kiosk Plazas on Private Property. §§ 551.072 Deliberation Regarding Real Property; Closed Meeting Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters concerning real property. • Discussion regarding the sale of property generally located at 3rd Street and Highway 78. Mayor Hogue reconvened into Regular Session at 7:52 p.m. . RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. There was no action taken by the Wylie City Council as a result of the Executive Sessions. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Councilman White to adjourn the meeting at 7:54 p.m. Consensus of the Wylie City Council was to adjourn. 46 Eric Hogue, M •,� 64 O '�I 1 co_ ATTEST: _:�.T_•�_ *. (-- • r �887 er woo Ca ole Ehrlich, Q ty ecretary Minutes September 8, 2009 Wylie City Council Page 9