06-08-2010 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, June 8, 2010 - 6:00 p.m.
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 6:06 p.m. with the following Wylie City Council
members present: Mayor Pro Tern Byboth, Councilwoman Kathy Spillyards, Councilman David
Goss, Councilman Carter Porter, and Councilman Bennie Jones. Councilman Rick White was
absent.
Staff present were: City Manager, Mindy Manson; Fire Chief, Randy Corbin; Finance Director,
A, Linda Bantz; Administrative Lieutenant, Mike Atkison; Planning Director, Renae' 011ie; City
Engineer, Chris Hoisted; Library Director, Rachel Orozco; Building Official, Mike McAnnally;
WEDC Executive Director, Sam Satterwhite; Public Services Director, Mike Sferra; City
Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Corbin gave the invocation and Finance Director Bantz led the Pledge of Allegiance.
PRESENTATIONS
• Presentation to 6th Six Weeks Star Students Displaying the Character Trait of
"Citizenship."
Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the
character trait of "Citizenship." Each six weeks one student from each WISD campus is chosen
as the "star student."
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.
Areoretitlita
Wylie Chamber of Commerce President Mike Agnew thanked the Wylie City Council and City
staff for their assistance with the planning and implementation of the Memorial Day celebration
and installation of the monument honoring those who served their country in times of war.
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Don Hallum, residing at 301 Rush Cove, Wylie, Texas, addressed council requesting
consideration of using the current Rita and Truett Smith Library for a senior center once the
library staff moves to the new Municipal Complex.
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 May 25, 2010 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, authorizing the City Manager to execute a proposal from
InTEC for testing services for the FM 1378 Brown Street to Parker Road project in
an amount not to exceed $88,389.00
C. Consider, and act upon, authorizing the City Manager to execute a proposal from
Hooper Engineering Laboratories, Inc. for testing services for the FM 1378 from
FM 544 to Brown Street project in an amount not to exceed $40,671.00
Council Action
A motion was made by Councilman Porter, seconded by Councilman Jones to approve the
consent agenda as presented. A vote was taken and the motion passed 6-0 with Councilman
White absent.
REGULAR AGENDA
1. Consider and act upon Ordinance 2010-08 amending Ordinance No. 2009-12
(Comprehensive Fee Ordinance) to include Wylie Recreation Center Fees and
updates to the Bart Peddicord Community Center Fees and Park Pavilion Rental
Fees. (R. Diaz, Recreation Superintendant)
Staff Comments
Recreation Superintendant Diaz addressed council stating that over the past several months, City staff
has been meeting with the Parks and Recreation Advisory Board and discussing proposed rental rates
and fees for the new Recreation Center which is anticipated to open near the end of 2010. An
Enterprise Plan was prepared for the City in 2007-08, and it has been used as the basis for staff's
discussion with the Board. The Enterprise Plan studied area demographics and other public and private
recreation facilities in the vicinity. The Plan suggested staffing levels, proposed fees and rental rates,
potential numbers of memberships, operating hours, etc. Staff presented the Enterprise Plan to City
Council on May 13, 2008 and noted that the Plan would be updated and brought back to Council prior to
the opening of the Recreation Center.
Mr. Diaz explained that before bringing a final set of recommendations forward for Council consideration,
the Board suggested holding a joint work session with the City Council to receive Council input regarding
various fee and rate options. He explained that two meetings have taken place with the board and the
Wylie City Council and direction given by council have been incorporated into the proposed ordinance.
He noted that staff had also been working with the city attorney's office to prepare the ordinance and
associated fees for presentation.
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Council discussed the proposed fees for not for profit organizations for the two main pavilions (Olde City
Park and Community Park). Members discussed placing a $5.00 per hour fee for all not for profits. Diaz
explained that per the city attorney, it was suggested that all not for profit organizations be treated the
same in regard to fees. Diaz noted that the only pavilions that were proposed to have a fee were the two
larger pavilions; the other parks would not have a fee associated with pavilion usage. Councilman Goss
suggested a maximum fee be set for these not for profit organizations per day. He suggested a maximum
fee of $20.00 (4 hour maximum fee) regardless of how many hours during that day the pavilion was in
use by the not for profit organization. Councilwoman Spillyards expressed her desire to insure that the
residents had priority over non residents in regard to renting facilities.
Council also discussed the deadline for cancellations of facilities rentals at the new complex.
Councilman Goss suggested changing the 10 day cancellation without charge to 14 days. He explained
that this would give staff additional time to re-rent the facility for that particular day.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Jones to approve
Ordinance No. 2010-08 amending Ordinance No. 2009-12 (Comprehensive Fee Ordinance) to
include Wylie Recreation Center Fees and updates to the Bart Peddicord Community Center
Fees and Park Pavilion Rental Fees with the following changes:
• Cancellation fees would be charged only for any cancellations that occur within 14 days
prior to the rental date for both the Community Center and the new Recreation Center.
• Section C. — Park Pavilion Rental fees for not for profit organizations will be charged at
$5.00 per hour not to exceed $20.00 per day.
A vote was taken and the motion passed 6-0 with Councilman White absent.
2. Consider, and act upon, approval of additional locations of kiosk plazas in
accordance with Ordinance 2009-21, Section 9.E. (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed council stating that in moving forward in providing homebuyers and
citizen's directions to housing developments, public facilities and community events within the city, staff is
presenting additional locations for the Kiosk program in accordance with Ordinance 2009-21.
Ryland Homes has requested kiosk plazas in an effort to direct traffic to Birmingham Ranch Subdivision
(Exhibit "A"), platted in 2005 and located west of Parker Road Loop, east of Birmingham Farms Phase
14B and will consist of approximately 53 single-family lots on 16.039 acres. In accordance with Section
9.E the approved sign contractor is seeking approval for additional locations to be placed within public
rights-of-way.
Planning Director 011ie explained that the proposed additional kiosk locations would be:
Location WY56 - represents the location at the southwest corner of Park Blvd. and Westgate Way. In
accordance with the Ordinance, a kiosk plaza shall not be located on private property or within a utility
easement. The subject plaza WY56 shall be installed 40 feet south of Park Blvd. and 100 feet west of
Westgate Way directing traffic south to Ann Drive.
Location WY57 - represents the location at the southwest corner of Ann Dr. and Westgate Way. The
subject plaza WY57 shall be installed 56 feet south of Ann Drive and 22 feet west of Westgate Way and
oriented for traffic traveling east.
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Location WY58 - represents the location 25 feet south from the midpoint of the intersection of Ann Drive
and Marbury Way and will be oriented to guide traffic north along Marbury into the Birmingham Ranch
Subdivision.
Council Action
A motion was made by Councilwoman Spillyards, seconded by Councilman Porter to approve
additional locations of kiosk plazas in accordance with Ordinance 2009-12, Section 9 E, as
presented. A vote was taken and the motion passed 6-0 with Councilman White absent.
3. Consider, and act upon an Ordinance to disannex a 2.0 acre tract of land situated in
the Francisco de la Pina Survey, Abstract No. 688, Block 1, Tract 201, Collin
County, Texas, generally located east of Paul Wilson Road and south of Skyview
Drive. (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed council stating that at the direction of Council, staff has gathered
additional information regarding the request to disannex a 2.0 acre tract, citing failure of the City to
provide city services to the property.
011ie explained that the closest sewer line to the subject property is on Fairmount Drive. Typically the
option is to extend a gravity sewer line along Paul Wilson Road which would then serve other properties
in the future. However, there is a large diameter water line owned by NTMWD just north of Fairmount
which prevents this option.
The 2nd option would be for the property owner to install a small private lift station and approximately
2,600 linear feet of small diameter force main which would then serve only that property. The cost to the
property owner would be in the range of $30,000 - $40,000 ($10,000 for the lift station and $10 per foot --
for the force main).
The 3rd option would be to install an On-Site Sewer Facility (OSSF). The cost of the OSSF could vary
from $5,000 to well over $10,000 depending on the use. The property is currently zoned Commercial
Corridor. In order for the owner to install a residential system the property would require rezoning to allow
for residential uses.
The County would have to approve and issue a permit for OSSF in accordance with Court Order No.
2008-187-03-11, which references The Rules, Title 30 Texas Administrative Code (TAC) Chapters 30 and
285 as promulgated by TCEQ. Staff spoke with the Development Services Department of Collin County
and they would allow a property within city limits to submit for an OSSF.
The City Code of Ordinance Article V, Section 114-111 states that property owners within city limits where
sanitary sewers exist or where they may hereafter exist within a distance of 500 feet of any building are
required to connect the buildings with the city sanitary sewer main within 90 days after notification. This is
to require property owners to tie on as development occurs and sewer lines are extended by the
developer. The subject property is more than 2,000 feet away from an existing line.
The City of Wylie is obligated to provide normal municipal services, including public sewer as well as
police and fire response, to all newly annexed areas within a reasonable time. The specifics of when and
how such public services are to be provided to annexed areas are to be incorporated into an Annexation
Service Plan, which serves as a legal contract. However, no such plan was formulated and adopted in
1984 when the annexation occurred. Water is provided by the Wylie Northeast Special Utilities District
rather than the City of Wylie.
Although the property owner petitioned the city to disannex pursuant to Section 43.141 of the Texas Local --"
Government Code stating that the municipality failed to provide services to the area, the conditions
required by TLGC for filing a petition for disannexation for failure to provide services have not been met.
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However, despite the property owner's failure to meet all the requirements set forth in Section 43.141, the
City does have the authority as a Home Rule City to disannex the property under Section 43.142 of the
TLGC and Section 3(D) of the City Charter, as long as the City Council finds that disannexation is
appropriate or in the best interest of the City.
City Manager Manson noted that the annexation laws provide that annexed areas be provided "like"
services within the city. She stated that other properties annexed into the area where the nearest sewer
connection was more than 500 feet from the property had been treated in a like manner to this property
thereby releasing the city from any obligation to provide sewer service.
Council Action
A motion was made by Councilman Goss, seconded by Councilman Jones to Deny the request
for disannexation of a 2.0 acre tract of land situated in the Francisco de la Pina Survey, Abstract
No. 688, Collin County, Texas, generally located east of Paul Wilson Road and south of
Skyview Drive. A vote was taken and the motion passed 6-0 with Councilman White 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 caption to Ordinance 2010-08 into the official record.
Mayor Hogue convened into Executive Session reading the caption below at 7:13 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Section 551.087 (Economic Development Negotiations) of the Local Government Code,
Vernon's Texas Code Annotated (Open Meetings Act).
• Consider issues surrounding Project CRI
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific
exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those
exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive
Session, will be taken and recorded in open session.
Mayor Hogue reconvened into Regular Session/Work Session at 7:45 p.m.
RECONVENE INTO OPEN SE$iSIONU k
Take any action as a result from Exeeuti e Session.
There was no action taken as a result of Executive Session.
Mayor Hogue convened into work session at 8:13 p.m.
WORKSESSION ;
• Overview of the FY 201012011' topeverBudget
City Manager Manson gave a brief overview of the plans for the FY 2010/2011 budget. She
explained that assumptions for revenues were being made using a 4.5% decrease in property
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values, a flat sales tax revenue and housing staying at 200 new constructions per year.
Compounding this decrease will be the additional staffing for the opening of the new recreation
center and library. She reported that this would place expected revenues at $21,892,384.
Manson reported that expenses for FY 2010/2011 as presented by departments was coming in
at 24,763,839 presenting a negative balance between revenues and expenditures of
$2,871,455.
Based on this early projection, staff has taken some measures to negate some of the deficit.
These could include:
• Refinancing of the current bonds
• 5 Days Furlough (about 1.9% pay decrease) for all non-emergency employees
• 1% Police/Fire Pay Decrease
• Use of General Fund-Fund Balance to lower deficit
• Use of Emergency Communications fund Balance
• Freezing and or reorganization of open employment positions
Manson explained that the city fund balance was well above the 25% due to prudent planning
and a portion could be used to offset the decrease in revenues over the next two years and still
keep the fund above the percentage set in the city's financial policy.
Council Direction
Direction from council was to set the budget based on the current property tax rate and to
investigate the options for restructuring existing debt.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
Goss, seconded by Mayor Pro Tem Byboth to adjourn the meeting at 9:25 p.m. A vote was
taken and the motion passed 6-0 with Councilman White absent.
Eric Hogue, May
ATTEST: OF W
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Ca ole Ehrlich, y ecretary
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