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04-26-2011 (City Council) Minutes Il ■ WylieCity Council CITY OF WYLIE q Minutes Wylie city Council Meeting Tuesday, April 26, 2011 — :00 p.m. ylie Municipal Complex— Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 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 David Goss. Councilman Bennie Jones was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager! Jeff Butters; Fire Chief, Randy Corbin; Police Chief, John Duscio; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; Public Services Director, Mike Terra; Planning Director, Renae' 011ie; Building Department Director, Mike McAn na lly; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION 84 PLEDGE OF ALLEGIANCE Fire Chief Corbin gave the invocation and Police Chief Duscio led the Pledge of Allegiance. PRESENTATIONS �000iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiir��a�o�ar�ara r�c��imimo�ovvvvvvvvvvvvvvvvvvvvvvvvvvvvvrrvi�i�i�i�i�i�i�i�i�i�movvvvvvvvvvvvvvvvvrrvi�i�i�i�o�ar�ara r�c�o�ar�ara r�c�avi�i�i�i�i�i�i�i�o�ar�ara r�c�o� �s��a r�c�o�ar�ara r�c�o�ar� m�euumrr�cnae° �e«- °mrur�uuv�a��Eww�wuwuiurewauMuimrrauumwurw�zaiiiiammmmermiarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrcmrcmi�,�e�rRnnru aaaar aayim��o�ar�ar�r�c�o�ar�ar�i�i�i�i�i�i�i�rr r�ara�iaia �,�. • Presentation of 5th 6 Weeks Star Students—Fairness Mayor Hogue and Mayor Pro Tem Byboth presented medallions to students demonstrating the character trait of"Fairness." Each six weeks one student from each MD 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 takes action on any mailer presented during citizen participation. Minutes April 26, 201.1 Wylie City Council Page I Bobby Heath (205 Harborview, Wylie) representing the Wylie Downtown Merchants Association addressed council thanking staff members for working with the group regarding the regulations for signs and banners in the downtown area. He explained the amount of assistance received from staff is not the norm in many cities. CONSENT AGENDA All mailers 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 April 12, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and place on file the City of Wylie Monthly Investment Report for March 31, 2011. (L. Bantz, Finance Director) C. Consider and place on file,the Monthly Revenue and Expense Report for the City of Wylie as of March 31, 2011. (L. Bantz, Finance Director) D. Consider and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of March 31, 2011. (S. Satterwhite, Executive Director) E. Consider, and act upon, Ordinance No. 2011-11 amending Subsection A (Building, Plumbing, Mechanical and Electrical Permit Fees) of Section III (Construction Permit and Fees) of Appendix C of the Wylie Code of Ordinances (Wylie Comprehensive Fee Schedule); Providing for a Penalty for the Violation of this Ordinance; Providing for Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption of this Ordinance and Providing for an Effective Date. (lvi. M nnall , Building Inspections Director) 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 6-0 with Councilman Jones absent. REGULAR AGENDA Presentation Presentation by North Texas Municipal Water District concerning the district's request of Member Cities and Customers to initiate Stage 1 of the Drought Contingency Plan. (Mike Rickman, NTMW) Minutes April 26, 2011 Wylie City Council Page North Texas Municipal Water District Deputy Director Mike Rickman presented the basis for recommending Stage 1 of the City's Drought Contingency Plan. Rickman explained that on March 25, 2011, the North Texas Municipal Water District (NTMWD) took action to initiate Stage 1 of the NTMWD Water Conservation and Drought Contingency and Water Emergency Response Plan, to be effective April 19, 2011. He reported Stage 1 of the Plan is being implemented as a result of invasive zebra mussels being found in Lake Texoma and the temporary loss of the Lake Texoma raw water supply by NTMWD. The infestation of zebra mussels in Lake Texoma has resulted in a loss of 22.5% of the NTMWD's total raw water supply. Zebra mussels are not harmful to humans and do not contaminate the water supply; however, they do attach to water facilities and pipes that pump water causing increased operating and maintenance costs. Rickman noted that NTMWD is working with state and federal agencies to minimize zebra mussels from being transferred from Lake Texoma into the Trinity River basin and ultimately southward to the Gulf of Mexico. He explained that he was visiting with each member city to recommend that the Stage 1 Plan be implemented by each member city. 1. Consider, and act upon, the implementation of Section 114-96 (a), (2), b, and e of Stage 1 of the City's Drought Contingency Plan. (M Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed council stating that in a letter received by the City, the NTMWD requests that Member Cities and Customers implement the following water conservation strategies: • Initiate Stage 1 of their respective drought contingency and emergency response plans. • Increase public education efforts on ways to reduce water use. • Intensify efforts on leak detection and repair. Under Section 114-96, (a), (2) of the City's Drought Contingency Plan, the following Stage 1 responses are available for implementation: a. Request voluntary reductions in water use by the public and by wholesale customers. b. Increase public education efforts on ways to reduce water use. c. Review the problems that caused the initiation of Stage 1. d. Notify major water users and work with them to achieve voluntary water use reductions. e. Intensify efforts on leak detection and repair. f. Reduce non-essential city government water use. (Examples include street cleaning, vehicle washing operation of ornamental fountains, etc.) g. Reduce city government water use for landscape irrigation. h. Ask the public to follow voluntary landscape watering schedules. i. Notify wholesale customers of actions being taken and request implementation of similar procedures. Minutes April 26, 2011 Wylie City Council Page 3 Sferra explained items b and e of the above Section correspond with the request received from NTMWD, and staff requests that Council authorize implementation of those two items. Sferra explained that in addition to the measures recommended, the City's Water Conservation Plan is in effect at all times for users of the City's water supply. Requirements of the Water Conservation Plan include the following landscape water management measures which will assist NTMWD with their request to conserve water: • Time of day restrictions prohibiting lawn irrigation watering from 10:00 a.m. to 6:00 p.m. beginning April 1 and ending October 31 of each year. • Prohibition of watering of impervious surfaces. (Wind driven water drift will be taken into consideration.) • Prohibition of outdoor watering during precipitation or freeze events. • Lawn and landscape irrigation limited to twice per week as per the chart below: Trash Days Watering Days Monday Monday and Thursday Tuesday Tuesday and Friday Wednesday Wednesday and Saturday Thursday Thursday and Sunday Friday Friday and Monday Council Action A motion was made by Councilman Porter, seconded by Mayor pro tern Byboth to implement Section 114-96 (a), (2), b and e of Stage of the City's Drought Contingency Plan. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 2. Consider, and act upon, authorizing the City Manager to enter into a contract with Land Design Partners-DFW, Inc. in the amount of$ 9,290 for professional services related to the City of Wylie Trails Master Plan. (M Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed council stating that on February 22, 2011; City Council authorized the City Manager to negotiate a professional services contract with Land Design Partners- DPW Inc. for the City of Wylie Trails Master Plan. This approval followed a formal RFP process and presentation to City Council by the two highest-ranking firms identified in the RFP process. Funds for developing a Trails Master Plan were included in the annual budget for fiscal year 2011. The 2010 City of Wylie Parks, Recreation and Open Space Master Plan identifies the number one outdoor facility priority as being hike and bike trails. The intent of this new Trails Master Plan will be to study the feasibility of a trails network within the entire City. Mr. Sferra explained the Trails Master Plan will be a tool that City officials can use to plan and coordinate future improvements for trails and associated infrastructure by various city departments. Land Design Partners-DFW, inc. submitted a proposal and conferred with staff to discuss the project scope and fees. Sferra noted the City Attorney's office had reviewed the contract document to make sure it satisfies all City requirements. Minutes April 26, 2011 Wylie City Council Page 4 Council Action A motion was made by Councilman White, seconded by Councilman Porter to authorize the City Manager to enter into a contract with Land Design Partners-DFW, Inc. in the amount of$59,290 for professional services related to the City of Wylie Trails Master Plan. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 3. Consider, and act upon, Resolution No. 2011-09(R) authorizing the City Manager to execute an Agreement with the Texas Department of Transportation for the furnishing, installing, and maintenance of traffic signal preemption equipment. (C. Hoisted, Planning Director) Staff Comments City Engineer Hoisted addressed council stating that on December 14, 2010 Council approved an agreement with Lee Engineering for the design of traffic signal Opticom Detection upgrades. Opticom equipment allows emergency vehicles to preempt the normal operation of traffic lights which stops conflicting traffic and gives the emergency vehicle the right of way. The City of Wylie currently has seven traffic signals which do not have Opticom equipment installed. The intersections are FM 544 and Westgate, FM 544 and SH 78, SH 78 and Alan is, SH 78 and Westgate, SH 78 and Ballard, SH 78 and Brown, and SH 78 and Spring Creek. These signals are owned by TxDOT and we have submitted the final engineering plans for the installations. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to adopt Resolution No. 2011-09(R) authorizing the City Manager to execute an Agreement with the Texas Department of Transportation for the furnishing, installing, and maintenance of traffic signal preemption equipment. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 4. Consider, and act upon, Resolution No. 2011-10(R) designating the Finance Director, the City Manager and the Assistant Finance Director as authorized representatives to invest City funds in the TexPool Local Government Investment Pool and authorizing the Accountant selected information authority. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that the City currently utilizes TexPool as an investment option. TexPool is a local government investment pool under the oversight of the Comptroller of Public Accounts. Administrative and investment services are provided to TexPool by Federated Investors, Inc. The City has been a TexPool participant for many years and has received excellent service. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Porter to adopt Resolution No. 2011-10(R) designating the Finance Director, the City Manager and the Assistant Finance Director as authorized representatives to invest city funds in the TexPool Minutes April 26, 2011 Wylie City Council Page Local Government Investment Pool and authorizing the Accountant selected information authority. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 5. Consider, and act upon, Ordinance No. 2011-12 amending Ordinance No. 2010-17 (2010-2011 Budget) for proposed mid-year amendments for fiscal year 2010-2011. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that the mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted budget. Bantz explained that the detail is presented in the packet and made part of the ordinance for the requested items which are located within the General Fund, Utility Fund, Emergency Communications, 4B Fund, Wylie Economic Development Corporation, and the Fire Training Center Fund. She noted that the requests are further defined as neutral (matching revenues to expenditures), revenue increases, or expenditure increases. Bantz reviewed the individual line items with council. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to adopt Ordinance No. 2011-12 amending Ordinance No. 010-07 (2010-2011 Budget) for proposed mid-year amendments for fiscal year 2010-2011. A vote was taken and the motion passed 5-1 with Mayor Hogue, Mayor pro tern Byboth, councilwoman Spillyards, Councilman White and Councilman Porter voting for and Councilman Goss voting against. Councilman Jones was absent. 6. Consider, and act upon, Resolution No. 2011-13(R) approving an Impact Fee Agreement between the City of Wylie and the Wylie Economic Development Corporation. (S. Satterwhite, WEDC Executive Director) Executive summary WEDC Executive Director Satterwhite addressed council stating that the Wylie Economic Development Corporation Board of Directors formally requests that the Wylie City Council consider reducing thoroughfare impact fees associated with the construction of a 96,000 square foot industrial facility located at 1405 Martinez Lane. As part of the Ascend Custom Extrusion project which is a public private partnership between Ascend and the WEDC, a $15 million investment is being made in Wylie along with the initial creation of seventy-five jobs up to two hundred within three to five years. Satterwhite explained as a component of the project, the WEDC is developing the real property improvements and will lease the same back to Ascend. Minutes April 26, 2011 Wylie City Council Page 6 The proposed Impact Fee Agreement between the WEDC and City of Wylie provides for the reduction of thoroughfare impact fees from $202 789.44 to $41,095.86, or a credit of $161,693 58. Under Section 395.023 of the Local Government Code, municipalities are able to waive, or credit, fees due from a developer for offsite improvements funded by the developer. In this case, the WEDC replaced 1,865 linear feet of asphalt roadway (Martinez Lane) with a concrete street, curb, and gutters at a construction cost of$41 ,5 4. Section 395.023 allows for the WEDC to request a credit equal to the construction cost of offsite improvements, but the WEDC is not requesting a full credit. Mr. Satterwhite explained during the financing phase of this project he requested from building inspections the total impact fees that would be assessed on the proposed expansion. The figure received was$108,000 for all fees associated with the project. That amount was made part of the overall financing package. While applying for the permit to begin work, staff was told that the correct impact fee amount was $ 71,000 leaving a deficit in the total finance package of$16 ,000 to complete the project. The fee error related to impact fees was$ 0 ,000 of the$ 71,000 total fees. Mr. Satterwhite asked for a reduction in the impact fees to allow the original construction costs to remain the same and in light of thoroughfare improvements made and paid for by WEDC. The requested thoroughfare impact fee of $41,095.86 in addition to all other development fees imposed by the City of Wylie for the Ascend project equals $108,8 5. The WEDC is requesting neither a reduction nor waiver of any other fees aside from the thoroughfare impact fee. Satterwhite reported on July 20, 2011, the WEDC Board of Directors met and approved the attached Agreement. Council Discussion Mayor Hogue asked Mr. Satterwhite what caused the error in impact fee calculations. Mr. Satterwhite explained the miscalculation was on the part of the Building Department. He explained this was a good faith calculation with an error in the calculations. councilman Goss asked Mr. Satterwhite if in the past year he had come before council with a comprehensive presentation regarding impact fees. Mr. Satterwhite replied that he had; that presentation was based upon developers believing the current impact fees were too high. Council Action A motion was made by Councilman Porter, seconded by Mayor pro tern Byboth to adopt Resolution No. 2011-1 3(R) approving an Impact Fee Agreement between the City of Wylie and the Wylie Economic Development Corporation. A vote was taken and the motion passed 5-1 with Mayor Hogue, Mayor pro tern Byboth, Councilwoman Spillyards, Councilman White and Councilman Porter voting for and Councilman Goss voting against. Councilman Jones was absent. 7. Consider and act upon Resolution No. 011-14(I ) rejecting the bids for Community Park Improvements. (Public Services Director, M Sferra) Staff Comments Public Services Director Sferra addressed council stating that bids for Community Park Improvements were received on Wednesday, April 20, 2011. The lowest base bid exceeds the amount of budgeted funding for the project. After discussion with the consultant, staff is recommending that the bids be rejected. Minutes April 26, 2011 Wylie City Council Page 7 Public Services Director Sferra reported staff would re-bid the project and provide additional time to allow more bidders to submit bids. Council Action A motion was made by Councilman Goss, seconded by Councilman White to adopt Resolution No. 011-14(R) rejecting the bids for Community Park Improvements. A vote was taken and the motion passed 6-0 with Councilman Jones absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article Ill, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2011-11 and 2011-12 into the official record. WORK SESSION • Annual Building Inspections Department Overview ( . McAnnally, Building Inspections Director) Building Inspections Director McAnnally gave an overview of the Building Department. Some of the areas of interest included: Code Enforcement, processes for building inspections (building, electrical, mechanical, and plumbing), and the abatement of dangerous structures and the role the Construction Code Board takes in those processes. Building Inspections Director McAnnally explained there had been an increase in calls received for code enforcement and the department was going into the busiest time of year for weed abatement and other complaints. • Planning the Grand Opening of the Wylie Municipal Complex. (City Council) Mayor Hogue opened the work session for discussions regarding the Grand Opening of the Wylie Municipal Complex. He asked each council member how many sponsorships they had received from letters that went out two weeks prior to the work session. Council members noted that it had been difficult to reach some of the businesses and asked for additional time to do so. The mayor reminded council that in order to secure the entertainment and contract for other amenities, the council would need to have the final numbers by May 2, 2011. Consensus of the Wylie City Council was to call a meeting for Tuesday, May 2, 2011 to finalize plans for the event and report sponsorships received. Minutes April 26, 2011 Wylie City Council Page 8 ADJOURNMENT MP,II1Nll'iMWIN'MR,IIIMIIIMIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIG////O///l///////////////i%d////O/O/O/O/O/O//✓/f///////////////////////////Vl/l%/l%/l%////////////% �tiY With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Councilman White to adjourn the meeting at 8:45 p.m. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 71� Eric Hogue, Ma or ATTEST: OF A ��" .N I,I��I�I�u�ruy ,�� I la I oml. I Ire"� ;jlllt 6 ma" " ul �,rII 0, � I „or rW � IAl yy y1nIM I 4�IM WIC N VIM„ (Jw !z'' i �,;;, Ni�lltaiu Viui mmllU�I(4�llCaro Ehrlich, ty ��ecretary IIIVVVrwl�Wu'u�ry�uum Inrorre ��, ryll�011"i M dI �' it I y °"9' y � � IV II lulww t u y I�r i, ..ui '!M MIV Y a i pr, 1*dUl✓�V,,;y, unrt � I Illllllbll� M I M I YIIIII{III a '��WV I iliny pp W Nf V' m wu ul V�uu Mwi NV"�)�I)III }, In I Mu '� ul�I„rwyM�orv'6'No' nNBu om,,, II lug I0jitt 40 N .1. Y can, 7_,,s0 Minutes April 26, 2011 Wylie City Council Page 9