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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 Minutes May 24, 2011 Wylie City Council Page 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 Page 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 Page 4 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 Minutes May 24, 2011 Wylie City Council Page 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 Page 6 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 Page 7 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 Page 8 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 , ������ � ..............�,�,�,�,�,�,�,�,�, ���,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,��,»„��o,�� �ryww.wN.Wwaw���ww�wwv. 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. Mayor Eric H } ATTEST: ,_._ 101 .ts r;"- vr ai' •ti f lull I�u Y o N111,4i,VI fJL�, ,u � �1Wiilj�iyr ° ,I . �,Ih a role Eh rlic , SecretaryXII " '` wWw 10 p FYI'' II h'll � i��u WMI I um�l ,M m ti4�4u°�Ihl" OV wu M I ' i �V I N�'!�4M6VIYIIV b urcP ii����M. 1111 1887,6* aka"op tliPr- Minutes May 24, 2011 Wylie City Council Page 9