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10-13-2009 (City Council) Minutes PV1 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, October 13, 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 Rick White, and Councilman Bennie Jones. Councilman Goss arrived at 6:08 p.m. and Councilman Carter Porter was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; Police Chief, John Duscio; Building Official, Mike McAnnally; Finance Director, Linda Vaughan; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. Prior to the invocation and Pledge of Allegiance, Mayor Hogue announced that Fire Chief Randy Corbin would be leading the invocation. He reported that this October is the 100th Birthday of the Wylie Fire Department. He noted that minutes from 1909 where it was noted that the Wylie City Council approved the purchase or two buckets and an ax to begin the Wylie Fire Department. Many services have changed since that time; last year the department answered 2,600 calls for service. He asked those present to congratulate the Wylie Fire Department on this milestone event. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Girl Scout Troop 1838 led the Pledge of Allegiance. Girl Scouts present included: Annie Gunther, Elizabeth Krolczyk, Sophie DeMolay, Taylor Davis, Ashton Wagner, Shelby Dudley, Haylea Cloves, Haley Strong, Victoria Bell, and Summer Blair. Troop leader present was Sherrie Krolczyk. PRESENTATION • Presentation by State Representative Jodie Laubenberg to City of Wylie Mayor Eric Hogue. Minutes October 13, 2009 Wylie City Council Page 1 State Representative Jodie Laubenberg presented Mayor Eric Hogue with a gavel used by the Texas Legislature during their last session. She thanked him for his commitment to the City of Wylie, and advocating on behalf of the City during the previous legislative sessions. 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. Gilbert Tamez, Sr., residing at 3104 Hinnart Court, Wylie, TX, addressed council thanking them for the implementation of the Nixie Alert System as part of the arsenal available to citizens of the city for emergency communications. He reported that he had signed up for the service through the webpage and was receiving alerts on his cell phone specifically for the areas in and around Wylie. 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 September 22, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-26(R) authorizing submittal of a grant application to the National Central Texas Council of Governments for state solid waste implementation funds. (M. Sferra, Public Services Director) C. Consider, and act upon, Ordinance No. 2009-31 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. ZC 2009-06. (R. 011ie, Planning Director) D. Consider, and act upon, Resolution No. 2009-27(R)authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the construction of FM 1378 from Brown Street to Parker Road. (City Engineer, C. Holsted) E. Consider and act upon a request from Harrison Intermediate School PTA to hold a Fall Festival with a community garage sale/arts and crafts fair at Olde City Park on Saturday, November 14,2009. (R. Diaz, Recreation Superintendent) F. Consider, and act upon, awarding of a bid and authorizing the City Manager to execute an Annual Mowing Contract with Signature Contracting Services for mowing and litter control within the City of Wylie. (J. Holcomb, Purchasing Manager) Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Porter absent. Minutes October 13, 2009 Wylie City Council Page 2 REGULAR AGENDA Public Hearing 1. Hold a Public Hearing for the annexation of a 0.189 mile segment of County Line Road between the Collin County Line and the Rockwall County Line and a 0.284 mile segment between Elm Grove Road and Wells Road. (R. 011ie, Planning Director) Executive Summary City Manager Manson addressed council stating that this annexation is at the request of Dallas County and defined as orphan roads. She reported that Dallas County has requested the city to annex these portions of the roadways. Orphan Roads are all or part of a street or road-right-of-way which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in effect, been "orphaned" by the abutting city (or cities) that they serve in that they have been left unincorporated. If annexed, the City of Wylie will be responsible for maintenance, operation, enforcement, police and /or emergency services within these unincorporated rights-of-way. Ms. Manson explained that since the time of the request from Dallas County, additional communication has been received from the county, asking the city to remove the section of Pleasant Valley from the annexation. She reported that due to the public hearings posting and publications, the annexations, combined, would both move forward through the two public hearings, but the roads could be approved separately at the pleasure of the council during the action item. Public Hearing Mayor Hogue opened the public hearing at 6:17 p.m. asking anyone present wishing to address council on these annexations to come forward and limit their comments to three minutes. Cliff Martin and Pat Martin, residing at 4040 Avion (Dallas County), spoke against the proposed annexation of orphan road Pleasant Valley. Lee Rose, residing at 5400 Pleasant Valley (Dallas County), spoke against the proposed annexation of orphan road Pleasant Valley. Jeff Jones, residing at 9407 Wells (Dallas County), spoke against the proposed annexation of orphan road Pleasant Valley. Councilman Goss commented that this annexation of orphan roads was for portions of roadways only and did not affect properties other than the roadways. Mayor Hogue closed the public hearing at 6:35 p.m. No action was required on this item. The second public hearing is scheduled for October 27, 2009 and the annexations will be considered on November 10, 2009. General Business Tabled from September 22,2009 2. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, approval of a Resolution appointing a representative to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2010. (M. Manson, City Manager) Minutes October 13, 2009 Wylie City Council Page 3 Staff Comments '"'"°' City Manager Manson addressed council stating that this item was tabled to allow time to receive candidate endorsements from other cities. No endorsements were received as of October 9, 2009. The deadline for submission of candidates is October 15, 2009. The City of Wylie has 64 votes that they may cast for the Board of Directors of the Central Appraisal District of Collin County for a two year term beginning January 1, 2010. It is noted that each voting unit may nominate one to five candidates. This is the first step of the process in which nominations are accepted. Council Discussion Mayor ProTem Byboth asked if it would behoove the city, next year, to solicit other small cities and school districts to provide one nominee to represent these smaller entities. City Manager Manson replied that the city certainly could do that. Mayor ProTem Byboth recommended that next year the city solicit other cities and school districts prior to the nomination process to pool votes for one nominee. City Manager Manson stated that this could be done three months prior to the nomination process. Councilman Goss asked if Steve Wright could be nominated this year if he was contacted prior to the October 15th deadline, to see if he was willing to serve. Councilman Goss stated that he would contact Mr. Wright to make sure of his wiliness to serve on the board if nominated and appointed. City Manger Manson noted that he could make the motion conditionally upon his acceptance to serve. Councilman Goss said he would contact Mr. Wright. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to approve a resolution conditionally appointing Steve Wright as a nominee for representative to the Collin County Appraisal District Board of Directors for a two year term beginning January 1, 2010. A vote was taken and the motion passed 6-0 with Councilman Porter absent. 3. Consider, and act upon, Ordinance No. 2009-32 repealing the fee established in Section I of Ordinance No. 1992-14; amending the fee established by Chapter 54, Article IV Section 54-66 (Weeds, Rubbish, Insanitary matter) of the Wylie Code of Ordinances; amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance) to establish a fee for the abatement of weeds, rubbish and insanitary matter and the abatement of graffiti; providing for a penalty for the violation of this ordinance; providing for a 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 consolidated fee ordinance amendment proposed would add two fees to our existing ordinance; (1) Graffiti abatement fee. Council recently amended the graffiti ordinance so that the City can abate graffiti and assess the cost of the abatement to a property owner only after first offering to abate the graffiti for free. According to State Law we must have a fee in our fee ordinance in order to charge for the graffiti abatement, and (2) Administrative fee for tall grass and weeds abatement. This fee would reimburse the city for some of the time spent when Code Enforcement has to hire a mowing contractor to have property mowed and place a lien on the property. The proposed fee would be $75.00 per lot or tract. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman White to approve Ordinance No. 2009-32 repealing the fee established in Section I of Ordinance No. 1992-14; Minutes October 13, 2009 Wylie City Council Page 4 amending the fee established by Chapter 54, Article IV Section 54-66 (Weeds, Rubbish, Insanitary matter) of the Wylie code of Ordinances; amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance) to establish a fee for the abatement of weeds, rubbish `�""` and insanitary matter and the abatement of graffiti; providing for a penalty for the violation of this ordinance; providing for a 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 Porter absent. 4. Consider, and act upon, Resolution No. 2009-28(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the completion of Antiquities Permit #5296 for the construction of FM 1378 from FM 544 to Brown Street. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that in 1999 Collin County funded the design of FM 1378 from FM 544 to Brown Street. The roadway was owned by the Texas Department of Transportation (TxDOT) and included some funding through the Federal Highway Administration and during the design process, environmental studies were completed which identified a historically significant site. TxDOT did not have sufficient funding for the construction of the project and as a result the City and County secured funding through the Regional Toll Revenue Funding Initiative. In January 2009 TxDOT released ownership of the roadway to the City of Wylie which accelerates the construction process and results in a lower construction cost. Although the city has now taken ownership of the road from TXDOT, it did not own the roadway when a cultural resource survey was completed in 2005 by PBS&J Engineering where prehistoric artifacts were found at the site that archeologists believe date back to between A.D. 1000 and 1200. The site has been recommended for inclusion in the National Register of Historic Places. The city and Collin County will each pay $123,963 for the Antiquities Permit#5296 with Wylie retaining ownership of the property and artifacts by permanent loan if requested by the city. Council/GIM Representatives Discussion Representatives of Geo-Marine, the company that performed the testing were present for the meeting. Michelle Wurtz, RPA, and Arlo McKee, MA, reported that the shards' burnished, polished exterior and the type of uneven firing that was used in their creation have caused archeologists to believe they were of higher quality than artifacts usually found in the area. The pottery seems to have been influenced by Native Americans of the Caddo tribe. Remains of species including bison and white-tailed deer were also discovered in North Central Texas in the same era and were also used by the Caddo tribes. They reported that Geo-Marine staff will continue excavating to make sure they have all the artifacts. Once catalogued and studied, they will be provided as a display that could be housed in the new city hall or library. The team reported that completion is anticipated within a year. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve Resolution No. 2009-28(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the completion of Antiquities Permit #5296 for construction of FM 1378 from FM 544 to Brown Street. A vote was taken and the motion passed 6-0 with Councilman Porter absent. 5. Consider, and act upon, Ordinance No. 2009-33 amending Exhibit "A" of Ordinance No. 2009-12 (Consolidated Fee Ordinance), Section I, Subsection B (Water Rates) and Section XI, Subsection A (Fire Department Development Fees). (C. Holsted, City Engineer) Minutes October 13, 2009 Wylie City Council Page 5 Staff Comments City Engineer Hoisted addressed council stating that in 2006 Council held a work session to discuss the -�- water and sewer rate study prepared by McLain Decision Support Systems. The study incorporated the water and sewer capital improvements plan (CIP) as well as outstanding debt service. The CIP was updated as part of the water and sewer impact fee study; however, impact fees can only recoup fifty percent of the projected cost of the CIP. Therefore, the remaining cost must be funded through other means such as the water and sewer rates. The study also incorporated the proposed wholesale water rate increases from the North Texas Municipal Water District as well as the expansion of the Muddy Creek Regional Wastewater Treatment Plant. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman White to approve Ordinance No. 2009-33 amending Exhibit "A" of Ordinance No. 2009-12 (consolidated Fee Ordinance), Section I, Subsection B (Water Rates) and Section XI, Subsection A (Fire Department Development Fees). A vote was taken and the motion passed 6-0 with Councilman Porter absent. Mayor Hogue convened into Work Session at 7:15 p.m. WORK SESSION • Update regarding the City of Wylie Web Page. (C. Kelley, Public Information Officer) Public Information Officer Kelly presented the new Wylie website and updated council on the new features. Council made a suggestion to add an additional Google search to the site. Council gave positive comments to the overall site. • Discussion regarding the solid waste rate changes proposed by Community Waste Disposal (CWD). (J. Butters, Assistant City Manager) Assistant City Manager Butters gave a short presentation on the proposed rate amendments that CWD was requesting. He reported that during the first year of this contract fuel prices have gone down, the CPI is fairly flat, and disposal costs have increased. CWD has proposed a rate decrease for residential and small commercial businesses but have proposed a rate increase for large open top and compactor users. Their rational is that the cost of service for residential and small commercial is impacted more by fuel and less by disposal costs while open top and compactor use are impacted less by fuel and more by disposal costs. The end result would be a $31,389 reduction in revenue for CWD, but the benefit to Wylie customers overall would be $0.20 cents per month for 12,700 residential users and $1.70 per month (on average) for 400 small commercial users. There would also be a fairly large increase for a very small number of customers using the open top and compactor type disposal units. This increase for 15 large commercial users would be $40.50 per month (on average). The 15 customers that are adversely affected include Wylie's largest employers and most are companies that have already been adversely impacted by the economic downturn. No direction was given by council to bring this item back on a future agenda for possible consideration and/or approval. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Minutes October 13, 2009 Wylie City Council Page 6 Mayor Hogue reconvened into Regular Session at 8:15 p.m. MONA READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section I3-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2009-31, 2009-32 and 2009-33 into the official record. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman White to adjourn the meeting at 8:16 p.m. Consensus of the Wylie City Council was to adjourn. Eric Hogue, M r ATTEST: `1� OP.Mt a/A61 #1/0e,e, Car le Ehrlich, city ecretary +�* •i8117• 'artavto° Altram Minutes October 13, 2009 Wylie City Council Page 7