05-24-2011 (City Council) Minutes liv,
Wylie
City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, May 24, 2011 —6:00 p.m.
Wylie Municipal Complex— Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Pro Tern M. G. "Red" Byboth called the meeting to order at 6:00 p.m. with the following
Wylie City Council members present: Councilman Carter Porter, Councilman Rick White,
Councilman David Goss, and Councilman Bennie Jones. Mayor Eric Hogue and Councilwoman
Kathy Spillyards were absent. Also present was Councilwoman elect Diane Culver.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police
Chief, John Duscio; Fire Chief, Randy Corbin; Planning Director, Renae' 011ie; City Engineer,
Chris Hoisted; Library Director, Rachel Orozco; Human Resource Manager, Lynn Fagerstrom,
City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Corbin gave the invocation and Police Chief Duscio led the Pledge of Allegiance.
Mayor Pro Tern Byboth read a letter from Mayor Hogue who was out of town on City business.
Mayor Hogue thanked Councilman Carter Porter for his long tenure of service both on the
Planning and Zoning Board and as Councilman for Place 6 of the Wylie City Council. Mayor
Hogue congratulated the newly elected council members Rick White, Place 5, and Diane Culver,
Place 6.
Mayor Pro Tem Byboth voiced his concern in the lack of voters casting votes during the May 14,
2011 General Election. Mayor Pro Tern Byboth asked the residents of Wylie to be "responsible"
and go to the polls and vote.
CANVASS OF ELECTION
• Consider, and act upon, Resolution No. 2011-12(R) declaring the results of the
Official Canvass of the General Election of May 14,2011.
Minutes May 24, 2011
Wylie City Council
Page
Council Action
A motion was made by Councilman Jones, seconded by Councilman White to adopt Resolution
No. 2011-12(R) declaring the results of the Official Canvass of the May 14, 2011 General
Election. A vote was taken and the motion passed 5-0 with Mayor Hogue and Councilwoman
Spillyards absent.
PRESENTATION
• Presentation of Appreciation Plaque to Councilman Carter Porter
Mayor Pro Tern Byboth presented a plaque of appreciation to outgoing Councilman Carter Porter
stating Councilman Porter had served the city as a council member for six years and prior to his
service on the council as a Planning & Zoning Board member for several years. On behalf of the
Wylie City Council, staff and the citizens of Wylie, he thanked Councilman Porter for his years of
dedication and contributions to the City of Wylie.
ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS
• Presented by Judge Terry Douglas
Collin County Justice of the Peace, Precinct 2, Judge Terry Douglas presented Certificates of
Elected Council Members to Rick White, Place 5, and Diane Culver, Place 6.
ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL
MEMBERS
• Administered by Judge Terry Douglas
Collin County Justice of the Peace, Precinct 2, Judge Terry Douglas administered the Oath of
Office to Councilman Rick White, Place 5, and Councilwoman Diane Culver, Place 6. Both of the
newly elected council members, Culver and White, took their seats at the dais.
PRESENTATIONS
• Recognition of employees celebrating milestone years of service to the City of Wylie.
Mayor Pro Tem Byboth presented Plaques of Appreciation to employees celebrating milestone
years of service to the City of Wylie. Employees included:
Ernest Mendez, Parks Crewleader— 15 years— February 19, 1996
Brian Ritter, Fire Shift Commander— 1 o years— May 14, 2001
Leonard Garner, Fleet Maintenance Coordinator— 10 years—May 21, 2001
Ricardo Govea, Parks Chemical Applicator— 10 years— May 23, 2001
Archie Whitt, Parks Field Supervisor— 1 o years—May 24, 2001
David Collins, Building Inspector— 10 years—June 11, 2001
Mary Bradley, Planning & Zoning Administrative Secretary— 10 years—June 12, 2001
Buddy McGuire, Public Works Equipment Operator— 10 years June 12, 2001
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Wylie City Council
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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.
Bobby Heath, residing at 205 Harborview, Wylie, representing the Wylie Downtown Merchants
nts
Association addressed council thanking council for lowering the speed limit in the downtown area
and city staff for insuring enforcement was provided. Mr. Heath also thanked the mayor for
participating in the Downtown Merchants Peddle Car Races held recently.
Robert Cleo Wilson, residing at 1407 Abbeville Road, Wylie, addressed council with concerns
regarding the construction of his home, cars parked on the residential streets, and his house
address.
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 10, 2011 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and place on file, the City of Wylie Monthly Revenue and Expense Report
for the City of Wylie as of April 30,2011, (L Bantz, Finance Director)
C. Consider, and place on file, the City of Wylie Monthly Investment Report for April
30,2011. (L. Bantz, Finance Director)
D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of April 30, 2011. (S. Satterwhite, Executive
Director WED )
E. Consider, and act upon, a Cooperative Agreement for additional Law Enforcement
Services, between the City of Wylie, Lavon Lake, Texas initiates Agreement no.
W9126G-11-T-005 and the U.S. Army Corps of Engineers. This agreement is for the
provisions of additional Law Enforcement Services from May 27, 2011 through
September 05,2011 for a sum not to exceed 5 , 05.92. ( . Duscio, Chief of Police)
F. Consider, and act upon, Ordinance No. 2011-1 3, amending Zoning Ordinance 2005-
58, Article 4, Section 4.3 Nonresidential Design Standards (F. Architectural
Features); regarding exterior building materials. 2O11-04 (R. 011ie, Planning
Director)
G. Consider, and act upon, Resolution No. 2011-1 8(R) approving an Interlocal
Agreement between the Region 8 Education Service Center and the City of Wylie for
participation in the contracts for goods and services provided by the The Interlocal
Purchasing System (TIPS). (1 Holcomb, Purchasing Director)
Minutes May 24, 2011
Wylie City Council
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Council Action
A motion was made by Councilman White, seconded by Councilman Jones to approve the
consent agenda as presented. A vote was taken and the motion passed 5-0 with Mayor Hogue
and Councilwoman Spillyards absent.
REGULAR AGENDA
Tabled Item from 5-10-2011
Motion to remove from the table and consider and act upon:
Council Action
A motion was made by Councilman White, seconded by Councilman Jones to remove Item #1
from the table and consider. Consensus of the council was to remove and consider.
1. Consider, and act upon, the appointment of a 2011 Board and Commissions City
Council Interview Panel to conduct the May/June 2011 board applicant interviews.
(C. Ehrlich, City Secretary)
Staff Comments
City Secretary Ehrlich addressed council stating that at the May 10, 2011 Regular City Council meeting, the
council tabled consideration of the 2011 Wylie Boards and Commission Interview Panel to allow the
election to pass and all newly elected members had the opportunity to serve on the panel. City Secretary
Ehrlich asked that the council choose three interview panel members from the council to serve on the
committee.
Mayor Pro Tern Byboth asked each member if they were available on May 25th, 26th and June 1st to
conduct the interviews on the stated dates and make recommendations back to the full council of the
appointments. Councilman Goss stated that he was available and would be willing to serve on the panel.
Councilman White noted he would be out of town and unable to serve. Councilman Jones offered to serve
on the panel and stated he was available. Mayor Pro Tern Byboth stated he would not be available May
t
and asked Councilwoman Culver if she would be available. Councilwoman Culver stated she would be
available and willing to serve.
Council Action
A motion was made by Councilman White, seconded by Councilman Goss to appoint Bennie
Jones as Chair; David Goss, Panel Member; Diane Culver, Panel Member; and Mayor Pro Tern
Byboth as an alternate to the 2011 Boards and Commissions Interview Panel. A vote was taken
and the motion passed 5-0 with Mayor Hogue and Councilwoman Spillyards absent.
General Business
2. Consider, and act upon, Resolution No. 2011-15(R) adopting the Collin County Local
Mitigation Strategy as the City of Wylie Hazard Mitigation Action Plan. (R. Corbin,
Fire Chief)
Minutes May 24, 2011
Wylie City Council
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Staff Comments
Fire Chief Corbin introduced Francisco San Miguel, Emergency Preparedness Specialist, Department of
Emergency Preparedness for the North Central Texas Council of Governments. Mr. San Miguel explained
the proposed Collin County Local Mitigation Strategy for the City of Wylie Hazard Mitigation Action Plan
was in cooperation with Collin County Homeland Security and NCTCOG Emergency Preparedness. San
Miguel reported that a study had been done and several vulnerabilities had been identified in Wylie that
could be addressed before a disaster strikes. By removing these vulnerabilities, the impact of a disaster
would be lessened and would make Wylie eligible to apply for funds set aside after any disaster that could
be used to mitigate weakening earthen dams, buy-outs of flood-prone areas, and other such projects. He
noted there is no obligation from the City of Wylie by approving this strategy, but will make the City eligible
to apply for the mitigation grant funds; in addition to the eligibility of grant funds, the approval of the Local
Mitigation Strategy Plan reduces the risks of hazards to people, property and the environment.
Council Discussion
Councilwoman Culver asked Mr. San Miguel what agency was required to declare a given area a disaster.
Mr. San Miguel replied it required the declaration be made by the President.
Council Action
A motion was made by Councilman White, seconded by Councilman Jones to approve
Resolution No. 2011-1 5(R) adopting the Collin County Local Mitigation Strategy as the City of
Wylie Hazard Mitigation Action Plan. A vote was taken and the motion passed 5-0 with Mayor
Hogue and Councilwoman Spillyards absent.
3. Consider, and act upon, Resolution No. 2011-1 6(R) authorizing the City Manager to
execute a Waterline Relocation Agreement with East Fork Special Utility District for
the relocation of 4,469 linear feet of waterline along East Brown Street, (C. Hoisted,
City Engineer)
Staff Comments
City Engineer Hoisted addressed council stating that the East Fork Special Utility District (EFSUD) owns a
water line located on the south side of East Brown Street from Rutherford Avenue to Wylie East Drive as
shown on the attached drawings. The existing water line is located in an easement outside of the existing
road right of way. The City has acquired property for the expansion of Brown Street which overlaps the
existing easement and the water line is in conflict with the proposed roadway improvements.
Hoisted explained the estimated total project cost for the relocation is $264,828.90 and the City's estimated
cost of reimbursement to the District is 215,525.33. Final project cost and reimbursement will be based
on the lowest qualified bid. The 2005 City of Wylie Bond program included $6.3 million for the design and
construction of the East Brown Street improvements.
Council Discussion
Mayor Pro Tern Byboth asked City Engineer Hoisted where the city funding would come from. Mr. Hoisted
replied it was part of the 2005 bond program. Councilman Goss asked City Engineer Hoisted why this was
a required relocation of the water line. Mr. Hoisted replied some of the improvements to the roadway were
in conflict with the water line.
Council Action
A motion was made by Councilman Goss, seconded by Councilwoman Culver to adopt
Resolution No. 2011-1 6(R) authorizing the City Manager to execute a Waterline Relocation
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Wylie City Council
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Agreement with East Fork Special Utility District for the relocation of 4,469 linear feet of waterline
along East Brown Street. A vote was taken and the motion passed 5-0 with Mayor Hogue and
Councilwoman Spillyards absent,
4. Consider, and act upon, award of a contract to Wright Construction Co. in the
amount of$751,587.10 for the construction of the Twin Lakes Outfall Sanitary Sewer,
Phase 2 project. (C, Hoisted, City Engineer)
Staff Comments
City Engineer Hoisted addressed council explaining that council approved a midyear budget amendment
on April 26, 2011 in the amount of 1,200,Ogg for the construction of the project. On April fourteen
bids were opened for the project and the low bid was submitted by Wright Construction Co. in the amount
of$751,587.10. Hoisted noted alternate pipe material was bid which significantly reduced the project cost.
Mayor Pro Tern Byboth asked City Engineer Hoisted where the funding would come from. Mr. Hoisted
replied the funding would come from the Utility Fund and/or Sewer Impact Fees.
Council Action
A motion was made by Councilman White, seconded by Councilman Jones to award a contract to
Wright Construction Company in the amount of $751,587.10 for the construction of the Twin
Lakes Outfall Sanitary Sewer, Phase 2 project. A vote was taken and the motion passed 5-0 with
Mayor Hogue and Councilwoman Spillyards absent.
5. Consider, and act upon, Resolution No. 2011-17(R) authorizing the City Manager to
execute Amendment No. 3 for the East Brown Street Pump Station, Ground Storage
reservoir and Water Distribution Line Professional Engineering Services Agreement.
(C Hoisted, City Engineer)
Staff Comments
City Engineer Hoisted addressed council stating that the design of the East Brown Street Pump Station
includes the relocation of the Deliver Point#1 which is currently located at the North Texas Municipal Water
District water treatment plant site. The project consist of a new pump building with five pumps, a 1.5 million
gallon ground storage tank and miscellaneous piping as shown on the attached site plan. Water will be
delivered to the site from the 6-inch North Texas Municipal Water District transmission main located on
the north side of Brown Street.
Hoisted explained NTMWD has proposed some changes to their standard meter vault to provide better
operation and maintenance of their meter resulting in increased design fees. NTMWD reimburses the City
for the construction cost of their facilities such as the meter, line from their main through the meter, and
SCADA equipment. The NTMWD board will consider an agreement to reimburse the City for the increased
design fees at their May 26th meeting. The proposed fee for the revisions to the meter vault is $24,000 and
would be passed through to NTMWD.
Council Discussion
Councilman Goss asked if this approval was contingent upon approval of reimbursement by the NTMWD.
City Engineer Hoisted replied that the approval was contingent upon the approval by NTMWD to the city
and the funding would be received form NTMWD prior to final payment for the work.
Minutes May 24, 2011
Wylie City Council
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Council Action
A motion was made by Councilman White, seconded by Councilman Goss to adopt Resolution
No. 2011-17(R) authorizing the City Manager to execute Amendment No. 3 for the East Brown
Street Pump Station, Ground Storage reservoir and Water Distribution Line Professional
Engineering Services Agreement. A vote was taken and the motion passed 5-0 with Mayor
Hogue and Councilwoman Spillyards absent.
6# Consider, and act upon, Ordinance No. 2011-14 approving a negotiated resolution
between the Steering Committee of Cities served by ncor and Oncor Electric
Delivery Company, LLC regarding the company's application to increase electric
rates in all cities exercising original jurisdiction; declaring existing rates to be
unreasonable; requiring the company to reimburse Cities' Reasonable Ratemaking
Expenses; adopting tariffs that reflect rate adjustments consistent with the negotiated
settlement and finding the rates to be set by the attached tariffs to be just and
reasonable; approving Oncor's proof of revenues; adopting a savings clause;
determining that this Ordinance was passed in accordance with the requirements of
the Texas Open Meetings Act; declaring an effective date; and requiring delivery of
this Ordinance to the company and The Steering Committee's legal counsel
(M Manson, City Manager)
Staff Comments
City Manager Manson addressed council stating that the City of Wylie, along with approximately 160 other
cities served by Oncor Electric Delivery Company LLC ("Oncor" or "Company"), is a member of the
Steering Committee of Cities Served by Oncor ("Steering Committee"). On or about January 7, 2011,
Oncor filed with the City an application to increase electric rates.
Manson explained the Oncor filing sought a $353 million rate increase. The City worked with the Steering
Committee to analyze the schedules and evidence offered by Oncor to support its request to increase
rates. The Ordinance and attached rate and tariffs are the result of negotiations between the Steering
Committee and the Company to resolve issues raised by the Steering Committee and other intervenors
during the review and evaluation of the filing. The Ordinance resolves the Company's filing by authorizing
an increase in the Company's base rate of $1 6.7 million. The monthly bill impact for the average
residential customer will be a $2.35 increase (as opposed to the $5.00 per bill increase as proposed in the
Company's filing). The increase would be split into two segments; the first increase would begin July 1,
2011 and the second July 1, 2012.
City Manager Manson noted the Executive Committee of the Steering Committee and the Steering
Committee's legal counsel were recommending that all city members of the Steering Committee adopt the
Ordinance implementing the rate change.
Council Discussion
Councilman Jones asked if this was considered a victory for the city. Manson replied that no increase is a
win but based on what each city individually could negotiate with Oncor and what the Steering Committee
was able to receive is a win for cities. Councilwoman Culver asked why Oncor split the increase into two
segments. City Manager Manson replied that she did not know why the company chose to split the
increase but stated that she could research and let Councilwoman Culver know.
Minutes May 24, 2011
Wylie City Council
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Council Action
A motion was made by Councilman White, seconded by Councilman Culver to adopt Ordinance
No. 2011-14 approving a negotiated resolution between the Steering Committee of Cities served
by Oncor and Oncor Electric Delivery Company, LLC regarding the company's application to
increase electric rates in all cities exercising original jurisdiction; declaring existing rates to be
unreasonable; requiring the company to reimburse Cities' Reasonable Ratemaking Expenses;
adopting tariffs that reflect rate adjustments consistent with the negotiated settlement and finding
the rates to be set by the attached tariffs to be just and reasonable; approving Oncor's proof of
revenues; adopting a savings clause; determining that this Ordinance was passed in accordance
with the requirements of the Texas Open Meetings Act; declaring an effective date; and requiring
delivery of this Ordinance to the company and The Steering Committee's legal counsel. A vote
was taken and the motion passed 4-1 with Mayor Pro Tem Byboth, Councilwoman Culver,
Councilman White and Councilman Jones voting for and Councilman Goss voting against with
Mayor Hogue and Councilwoman Spil!yards absent.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter, Article II!, Section 13-D.
City Secretary Ehrlich read the ordinance captions to Ordinance No.'s 2011-13 and 2011-14 into
the official records.
Mayor Pro Tem Byboth announced a reception would be held for newly elected council members
Rick White and Diane Culver immediately followed by a work session presentation by the
Planning Department.
ELECTION RECEPTION
• Reception for Newly Elected Council Members Rick White, Place 5, and Diane
Culver, Place 6.
WORK SESSION
• Planning Department Annual Overview. (I?. 011ie, Planning Director)
Planning Director Renae' 011ie gave a short overview of the Planning Department. 011ie displayed
the organizational structure of the department and introduced the planning team which included:
Senior Planner Charles Lee, Assistant Planner Jasen Haskins, Mapping Technician Lisa Price,
and Administrative Assistant Mary Bradley. 011ie explained why planning and zoning was needed;
stating that without zoning, residential and business could be mixed in a way that is unsafe and
undesirable.
011ie reported the goals of the department included a continued development vision,
redevelopment possibilities, and creating zoning that conforms to existing development. She
emphasized the importance of working with all departments and providing these services "in
house" with the talents of the team. Some of the chapters to be examined in the comprehensive
zoning ordinance in the coming years included: existing conditions, transportation, parks and
recreation, economic development, redevelopment and implementation. 011ie also touched on
actively promoting community sustainability options such as water conservation, residential
Minutes May 24, 2011
Wylie City Council
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recycling incentives, alternate renewable energy, and collaborative efforts with the private sector
of the business community and other governmental agencies for sustainable best practices.
ADJOURNMENT
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With no further business before the Wylie City Council, a motion was made by Councilman
Jones, seconded by Councilman Goss to adjourn the meeting at 7:43 p.m. A vote was taken and
the motion passed 6-0 with Mayor pro tern, Byboth absent.
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Minutes May 24, 2011
Wylie City Council
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