12-14-2010 (City Council) Minutes 7/ Wylie City Council
CITY OF WYLIE
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Minutes
Wylie City Council Meeting
Tuesday, December 14, 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 6:00 p.m. with the following Wylie City Council
members present: Mayor Pro Tern 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;
Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; Finance Director, Linda Bantz; Police
Chief, John Duscio; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; City
Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Warner Washington, long time resident and deacon for Our Lady of the Lakes Church, gave the
invocation. The Wylie Fire/Rescue Honor Guard presented the colors and Girl Scout Troop
3345 led the Pledge of Allegiance. Girl scouts present included: Maddie Burk, Allynn Terry,
Autumn Myers, Maddison Smallie, Emily Smallie, Hannah Tittle, Hannah Hutchison, Hannah
Johnson, Emma George, and Brandy Macmillen. Troop leaders included Yvette Terry and
Kristin Tittle.
PRESENTATION
• Official Closing of the current City Council Chambers.
Mayor Hogue announced this would be the last official meeting of the Wylie City Council in the
current chambers. He spoke about the past decades in the building and read minutes from the
first council meeting February 9, 1988. He reported that 38 different individuals had served in
elected office and 660 council meetings were held in the current chamber, not counting boards.
The mayor noted that the land was donated by Michael Crawford and his father Tracy Crawford
and the complex was constructed for $1.8 million and was completed in late 1987. The
population of Wylie when the complex opened was 8,500 with 51 employees working for the
city.
Minutes December 14, 2010
Wylie City Council
Page 1
• 2"d Six Weeks Star Students—Character Trait of"Respect"
Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the
character trait of "Respect." Each six weeks one student from each WISD campus is chosen as
the "star student."
• Recognition of Employees Celebrating Milestone Years of Service to the City of
Wylie.
Mayor Hogue and the Wylie City Council presented clocks to two long time city employees
celebrating milestones in their careers.
Kendall Edge, Water Supervisor— 15 years
Jimmy England, Parks Maintenance Worker— 10 years
• 2010 Wylie Arts Festival Overview.
Public Information Officer, Craig Kelly, and City Secretary, Carole Ehrlich, presented an
overview of the 2010 Wylie Arts Festival. Highlights of the event were a record number of
vendors at 93 with many vendors complimenting the city on the organization of the event. The
event drew record crowds and netted $1,860.
Mr. Kelly reported the event had the potential to grow each year and park space was available
for that growth. City Secretary Ehrlich introduced board members and volunteers that helped
make the event successful. ,
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.
Margaret Justiss, residing at 312 Foxwood Lane, Wylie, addressed council speaking in favor of
some restrictions on residential home occupations with regard to traffic and service company
vehicles.
Cathy Morphew, residing at 1004 Heatherwood Dr., Wylie, addressed council speaking in favor
of some restrictions on residential home occupations.
Becky Yocum, residing at 310 Foxwood Ct., Wylie, addressed council speaking in favor of some
restrictions on residential home occupations.
Matthew Butschek, residing at 1755 FM 1378, Wylie, spoke about water quality.
Allen Terry, residing at 2409 Parker Rd., Wylie, spoke about child safety during the holidays.
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.
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Wylie City Council
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A. Consider, and act upon, approval of the Minutes of the November 9, 2010 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider and place on file the City of Wylie Monthly Revenue and Expenditure
Report as of October 31, 2010. (L. Bantz, Finance Director)
C. Consider and place on file the City of Wylie Monthly Investment Report for
October 31, 2010. (L. Bantz, Finance Director)
D. Consider and place on file the Wylie Economic Development Corporation Revenue
and Finance Report as of October 31, 2010. (S. Satterwhite, WEDC)
E. Consider, and act upon, Resolution 2010-38(R) authorizing Cities Aggregation
Power Project (CAPP) to amend and extend the current electricity supply contract
with Next Era for a period commencing January 1, 2011 and ending December 31,
2018. (J. Holcomb, Purchasing)
F. Consider, and act upon, authorizing the City Manager to execute a proposal from
Lee Engineering for traffic signal opticom detection upgrades in the amount of
$28,000. (C. Holsted, City Engineer)
G. Consider, and act upon, approval of a Professional Engineering Services Agreement
with Birkhoff, Hendricks & Carter, L.L.P. in an amount not to exceed $71,500 for
the Impact Fee Update and Water Distribution System Master Plan Update. (C.
Holsted, City Engineer)
H. Consider and act upon Resolution No. 2010-39(R) authorizing the City Manager to
execute a Facilities Use Agreement with other entities wishing to utilize the Training
Facility located behind Station #2 at 555 Country club, Wylie, Texas and meeting
the requirements of the "Training Rules of Engagement". (R. Corbin, Fire Chief)
I. Consider, and act upon, Resolution No. 2010-40(R) authorizing the Mayor to
execute an Interlocal Agreement with Dallas County for the maintenance, operation,
public safety and emergency services and future annexation of a 0.284 mile segment
of Pleasant Valley Road between Elm Grove Road and Wells Road. (M. Sferra,
Public Services Director)
J. Consider, and act upon, authorizing the City Manager to accept and execute a
proposal from ITT Water & Wastewater U.S.A. Flygt Products in the amount of
$55,493.38 for the purchase and installation of two submersible wastewater pumps.
(M. Sferra, Public Services Director)
K. Consider, and act upon, Ordinance No. 2010-22 amending Zoning Ordinance 2001-48,
Article 8, Section 8.5 (Certificates of Occupancy and Compliance); to provide procedural
regulations for certificate of occupancy requirements. ZC2010-06 (R. 011ie, Planning
Director)
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Wylie City Council
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Council Action
A motion was made by Councilman White, seconded by Councilman Porter to approve
the Consent Agenda as presented. A vote was taken and the motion passed 5-0 with -'
Councilman Goss absent.
REGULAR AGENDA
Public Hearings:
1. Hold the second and final Public Hearing regarding the need to continue, abolish or
modify the City of Wylie Juvenile Curfew Ordinance No. 2005-08 and consider and
act upon Resolution No. 2010-41(R) to continue, abolish or modify the City of Wylie
Juvenile Curfew Ordinance No. 2005-08. (J. Duscio, Chief of Police)
Staff Comments
Police Chief Duscio addressed council stating that the Texas Local Government Code 370.002(a) states
that before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law
municipality or a home-rule municipality or an order of a county commissioners court, and every third year
thereafter, the governing body of the general-law municipality or home-rule municipality or the
commissioners court of the county shall:
1. Review the ordinance or order's effects on the community and on problems the ordinance or
order was intended to remedy;
2. Conduct public hearings on the need to continue the ordinance or order; and
3. Abolish, continue, or modify the ordinance or order. --
Chief Duscio explained that the current Curfew Ordinance No. 2005-08 requires a public hearing and
review every 3 years in order to abolish, modify, or continue the ordinance. This ordinance gives officers
a tool to reduce juvenile crime by specifying times and locations where unsupervised juveniles under the
age of 17 can be. Statistics have shown that when unsupervised juveniles gather late at night they are at
higher risk of becoming a victim of crime or becoming involved in criminal activity. In 2009 Wylie officers
issued 58 citations for curfew violations. From January 1, 2010 to the date this report was completed,
October 28, 2010, officers responded to 25 calls in regards to curfew violations and have issued 7 curfew
citations. Staff is recommending adoption of Resolution No. 2010-41 for the continuance of Ordinance
No. 2005-08 for a three year period.
Public Hearing
Mayor Hogue opened the public hearing to continue, abolish, or modify the Curfew Ordinance at
7:00 p.m.
No one was present to address the council on this item.
Mayor Hogue closed the public hearing at 7:00 p.m.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Jones to adopt
Resolution No. 2010-41(R) continuing the Juvenile Curfew Ordinance No. 2005-08 for .�
three years. A vote was taken and the motion passed 5-0 with Councilman Goss
absent.
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Wylie City Council
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2. Hold a Public Hearing and consider, and act upon, amending the zoning from
,—,„ Agricultural 30 (AG/30) to Light Industrial (LI) on 2.971 acres (L.K. Pegues Survey,
Abstract No. 703, Tract 3) generally located east of Hooper Road and south of Steel
Road, more specifically 331 Hooper Road. ZC 2010-07 (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed council stating that the subject property is located at 331 Hooper Road
and is adjacent to the Regency Industrial district east of Hooper Road and approximately 560 feet south
of Steel Road and totals 2.97 acres. The property is currently zoned Agricultural/30 and has been used
for single-family homesteading and miscellaneous commercial uses. A natural drainage channel (creek)
bisects the rear one-third of the property running in a northwesterly direction.
Notification/Responses: Eleven (11) notifications were mailed, with no written responses returned
opposing the request, and no written responses returned in favor of the request.
Public Hearing
Mayor Hogue opened the public hearing for Zoning Case 2010-07 at 7:08 p.m.
No one was present to address the council on this item.
Mayor Hogue closed the public hearing at 7:08 p.m.
John Ross (applicant), residing at 331 Hooper Road, Wylie, spoke in favor of the zoning
change.
Council Action
A motion was made by Councilman White, seconded by Mayor Pro Tern Byboth to
amend the zoning from Agricultural 30 (AG/30) to Light Industrial (LI) on 2.971 acres
(L.K. Pegues Survey, Abstract No. 703, Tract 3) generally located east of Hooper Road
and south of Steel Road, more specifically 331 Hooper Road. (ZC 2010-07). A vote
was taken and the motion passed 5-0 with Councilman Goss absent.
3. Hold a Public Hearing and consider, and act upon, a Residential Replat for Bozman
Farm Estates, Phase 1A Addition. Subject property being Lots 15 and 16, Block F.
(R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed council stating that the two lots total .405 acres and will create one
residential lot. The property is zoned Planned Development (PD-2002-52) and was originally platted as
Lots 15 and 16 of the Bozman Farm Estates, Phase 1A Addition in April 2004.
The lot was deemed unbuildable by Ryland Homes due to the underground spring that was discovered on
the property while trying to build a home in 2009. The lot had been unkempt for the past four years.
Ryland Homes approached the applicant with an offer to purchase the property and incorporate it into his
adjacent lot. 011ie noted the Commission voted 7-0 to recommend approval.
Applicant Comments
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Wylie City Council
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Justin Terry (applicant) spoke in favor of the replat. He explained the additional lot was
part of the common area and was un-kept. He was requesting the replat in order to be
able to fence that portion as part of his property and maintain it.
Public Hearing
Mayor Hogue opened the public hearing at 7:12 p.m.
No one was present to address the council on this item.
Mayor Hogue closed the public hearing at 7:12 p.m.
Council Action
A motion was made by Councilwoman Spillyards, seconded by Councilman Jones to
approve a Residential Replat for Bozman Farm Estates, Phase 1A Addition. Subject
property being Lots 15 and 16, Block F. A vote was taken and the motion passed 5-0
with Councilman Goss absent.
Mayor Hogue convened into Executive Session at 7:15 p.m. reading the captions below.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code,
to wit:
Section 551.071 (Consultation with Attorney)of the Government Code, Vernon's Texas Code Annotated
(Open Meetings Act). Consultation with legal counsel regarding pending litigation and/or settlement
offers regarding the following pending matters:
• In the Matter of the Application of Wylie Northeast SUD For TPDES Permit No.
WQ0014935001; SOAH Docket No. 582-10-3785, TCEQ Docket No. 2010-0107-MWD;
pending before the Texas Commission on Environmental Quality.
• Petition of Lavon 593 Land Investment Partners, L.P. for Creation of Collin County Water
Control and Improvement District No. 3; SOAH Docket No. 582-10-2631, TCEQ Docket No.
2009-1573-DIS; pending before the Texas Commission on Environmental Quality
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.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
There was not action taken as a result of Executive Session.
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Wylie City Council
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WORK SESSIONS
• Discussion and direction on 2010 Water and Wastewater Rate Study
performed by McLain Decision Support Systems. (C. Holsted, City Engineer)
Bob McLain representing McLain Decision Support Systems addressed council. He reported
that after completing the Water and Wastewater Rate Study, his firm was recommending one of
two options for water/wastewater rates. He explained that Option #1 was based on increases to
the water rates aligned with the rate increases expected over the next few years from North
Texas Municipal Water District. He explained that Option #2 also generates increases in
alignment with NTMWD but in addition allows for a drawdown of $3.5 million to make
improvements to the public works facilities.
City Engineer Hoisted asked council for direction. Direction from council was to further research
option #2 to bring back for discussion and consideration as a future agenda item.
"TRANSFER OF THE COLORS FROM THE CURRENT CITY HALL TO BE
REPOSTED AT THE NEW CITY HALL, JANUARY 11T" 2011"
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilwoman
Spillyards, seconded by the entire council to adjourn the meeting at 8:20 p.m. A vote was taken
and the motion passed unanimously.
Eric Hogue, Mayor
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Minutes December 14, 2010
Wylie City Council
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