01-12-2010 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, January 12, 2010 — 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 6:05 p.m. with the following Wylie City Council
members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman
Rick White, Councilman David Goss, Councilman Carter Porter and Councilman Bennie Jones.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire
Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Police Chief,
John Duscio; Finance Director, Linda Vaughan; Public Services Director, Mike Sferra; City
Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff.
Mayor Hogue introduced Garrison and Charlie Miller. He explained that their presence on the
dais with council was because their father, Officer Matthew Miller, was receiving a very
important promotion during the presentations. He was becoming a police sergeant with the
Wylie Police Department. Garrison and Charlie assisted the mayor through the agenda
presentation.
INVOCATION & PLEDGE OF ALLEGIANCE
Reverend Alan Bennett with the New Hope Christian Church gave the invocation and Girl Scout
Troop 3261 led the Pledge of Allegiance. Girl Scouts present included: Kaleigh Hess, Savannah
O'Neal, Shelby Home, Jazrit Mondair, Morgan Stewart, Sharee Owen, Summer Ellis, Amanda
Peden, and Alanna Jones. Troop leaders present were: Cheryl Hess and Chelsea O'Neal.
PRESENTATION
• Presentation of the Promotion of Officer Matthew Miller. (J. Duscio, Police
Chief
Police Chief Duscio administered the Law Enforcement Oath of Honor to Officer Matt Miller.
PNNM
Sergeant Miller's daughter Charlie Miller pinned her father. Many of the Wylie Police Officers
were on hand for the presentation.
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• Presentation "Mayor for a Day" (Mayor Eric Hogue)
Mayor Hogue asked Hannah and Gracie Reid to come forward. He explained to those present
that Hannah and Grade were the daughters of Matthew and Tammy Reid. Hannah is a second
grader and Gracie is in kindergarten at Hartman Elementary. Mayor Hogue explained that
Hannah and Gracie Reid were the winners of "Mayor for a Day" purchased through the R.F.
Hartman PTA Silent Auction at their Fall Carnival. He presented them with proclamations and
noted that they had been unofficially sworn in that morning. Gracie and Hannah continued to
assist the mayor at the dais for the remainder of the council meeting.
• Presentation of 2010 Census by National Census Advisory Committee Vice
Chairman, Pauline Medrano. (C. Ehrlich, City Secretary)
Councilmember Jones introduced Pauline Medrano. He explained that she served as Vice
Chairman for the National Census Advisory Committee and also served as Deputy Mayor Pro
Tern for the City of Dallas. Ms. Medrano emphasized the importance of the 2010 Census in
regard to accurate population counts but also emphasized the possibilities for future funding for
cities, counties, and states. She explained that the census totals each ten years also determine
the number of seats each state has in the House of Representatives.
Ms. Medrano asked the Wylie City Council and staff to use all methods possible to insure local
citizens knew the census was coming and that there were only ten simple questions to answer
and return by mail.
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.
No one was 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 of the December 8, 2009 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2010-01(R) establishing a public newspaper
of general circulation to be the "Official Newspaper" for the City of Wylie and
further designating a secondary newspaper for notices requiring specific legal
requirements. (C. Ehrlich, City Secretary)
C. Consider, and act upon, Ordinance No. 2009-0-1 24 1 t - 1 amending the zoning from
Agricultural (AG-30) District to Light Industrial with Specific Use Permit (SUP) for
an Auto Repair, Major use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703)
generally located east of Hooper Road and approximately 410 feet south of Steel
Road Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major
use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of
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Hooper Road and approximately 410 feet south of Steel Road. ZC 2009-07 (R. 011ie,
Planning Director)
D. Consider, and act upon, Resolution No. 2010-02(R) evidencing the support for a
proposed senior living community to be built in Wylie; authorizing Evergreen Wylie
Senior Community L.P. to apply to the Texas Department of Housing and
Community Affairs for funding for such senior living community; and providing an
effective date. (M. Manson, City Manager)
E. Consider, and act upon, Resolution No. 2010-03(R) determining a public necessity to
acquire, by purchase or condemnation, certain properties for the right-of-way for
the construction of improvements to Brown Street. (C. Holsted, City Engineer)
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to approve the
Consent Agenda as presented with one correction to Item C; Item C should read approval of
Ordinance No. 2010-01. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
General Business
1. Consider, and act upon, Resolution No. 2010-04(R) authorizing the City Manager to
execute an Interlocal Agreement between the City of Wylie, Texas and the City of
Parker, Texas regarding the disconnection of water service due to nonpayment of
sewer charges. (M. Manson, City Manager)
Staff Comments
City Manager Manson addressed council stating that the City of Parker, Texas ("Parker") furnishes retail
water service to an area in southeast Collin County, which includes portions of the City of Wylie, Texas.
She explained that Texas law requires that in order for Wylie to disconnect or terminate water service
for delinquent sewer service charges by its customers,Wylie must enter into a disconnect agreement with
Parker that identifies the terms and conditions for requesting Parker to disconnect or terminate water
service to a customer who is delinquent in their sewer service charges to Wylie. Although Parker
furnishes retail water service to this area, Wylie furnishes the sewer service. Based on the
recommendations of a legal consultant who specializes in water law, Wylie has agreed to the terms and
conditions set forth in the attached agreement.
City Manager Manson explained that a little over a year ago, representatives from the City of Wylie and
the City of Parker met in Austin for mediation regarding the CCN for the two jurisdictions. As part of that
mediation, a commitment between the two cities was made to work on this disconnect agreement. She
explained that the city currently has agreements with Wylie Northeast and East Fork for disconnection of
water services for sewer delinquencies. The city has been in negotiations with the City of Parker to
finalize language within the agreement Ms. Manson noted that the agreement presented tonight still had
some language that may not be agreeable to both parties however, based on advice from the city
attorney she was recommending approval of this agreement, with the possibility of coming back at some
mat point with an amended agreement.
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Council Discussion
Councilman Porter asked why the City of Parker was against this agreement. City Manager Manson
replied that Parker was not against this agreement but wanted stronger liability language to be included in
the agreement regarding water disconnections.
Jim Shepherd, city attorney for the City of Parker, addressed council stating that it is the tail end of a
multi-facet agreement. He stated there was a revised agreement setting out responsibilities that had been
created by Parker and sent to the city in August of 2009. City Manager Manson explained that the
agreement presented tonight to the Wylie City Council was provided to the City of Parker's City
Administrator in December 2009.
Mayor Hogue addressed Mr. Shepherd stating that negotiations would not be conducted tonight but
rather should be conducted between the attorneys for the City of Parker and Wylie. He noted that the
council had a recommendation from both City Manager Manson and the city attorney to recommend
approval of the proposed agreement.
City Manager Manson stated, for the record, that the implication from Mr. Shepherd that negotiations and
give and take have not been transpiring since August of 2009 was incorrect. City of Parker staff and City
of Wylie staff and the Wylie City Attorney have been diligently working on this agreement for the past
several months.
Councilman Porter asked if the agreement required approval tonight. City Manager Manson explained
that the initial mediation took place back in November of 2008. She explained that more than likely the
cities would not come to agreement on some of the issues, therefore the city attorney was asking for the
recommended agreement to be approved in the event the two cities required further mediation.
Council Action
A motion was made by Councilman Goss, seconded by Mayor Pro Tern Byboth to adopt
Resolution No. 2010-04(R) authorizing the City Manager to execute an Interlocal Agreement
between the City of Wylie, Texas and the City of Parker, Texas regarding the disconnection of
water service due to nonpayment of sewer charges. A vote was taken and the motion passed
6-1 with Mayor Hogue, Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman White,
Councilman Porter and Councilman Goss voting for, and Councilman Jones voting against.
READING OF ORDINANCE
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. 2010-01 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 7:10 p.m. Consensus of the
council was to adjourn.
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