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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. Minutes June 8, 2010 Wylie City Council Page 1 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. Minutes June 8, 2010 Wylie City Council Page 2 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. Minutes June 8, 2010 Wylie City Council Page 3 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. Minutes June 8, 2010 Wylie City Council Page 4 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 Minutes June 8, 2010 Wylie City Council Page 5 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 OAP ?IN:4 Ca ole Ehrlich, y ecretary Minutes June 8, 2010 Wylie City Council Page 6