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08-09-2011 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, August 9, 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 Eric Hogue called the meeting to order at 6:00 p.m. City Council members present included: Councilwoman Kathy Spillyards, Councilwoman Diane Culver, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Mayor Pro Tern Red Byboth 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; Public Services Director, Mike Sferra; Library Director, Rachel Orozco; City Engineer, Chris Hoisted; Wylie Economic Development Director, Sam Satterwhite; Building Official, Mike McAnnally; Planning Director, Renae' 011ie; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Goss gave the Invocation and Councilwoman Spillyards led the Pledge of Allegiance. PRESENTATION • Never Leave a Child Unattended Month Mayor Hogue and Fire Chief Corbin read a proclamation proclaiming the month of August as "Never Leave a Child Unattended Month" in the city of Wylie. He asked citizens to never leave a child or pet unattended in a vehicle or outside unattended. • Jenny Fry Life Saving Award Mayor Hogue and the Wylie Dispatch staff presented the Life Saving Award to Jenny Fry. Fire Chief Corbin explained at a little after 1:30 a.m. on May 23rd, neighbors were awakened to the sound of children reporting their house was on fire and their mother was still inside. The Fry's daughter dialed 9-1-1 and got experienced Telecommunicator Lisa Laird on the other end. Minutes August 9, 2011 Wylie City Council Page 1 Jenny Fry left her home that morning and immediately ran into harm's way to help her neighbor. She was able to enter the deadly atmosphere and grab the mother, dragging her towards the front door. There her husband was able to help her pull the victim into the front yard. Since the mother was not breathing, Fry used her prior CPR training and resuscitated the lady. Fire Chief Corbin explained without the heroic measures taken by Jenny Fry, this mother would have lost her life that morning. Mayor Hogue presented Mrs. Fry with a crystal award from a grateful community for her life-saving measures for her neighbor. Telecommunicators Lisa Laird, Tristian Whittle, and Barbara Morrow assisted with the presentation along with PSC Supervisor Allyson Frederick. 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 matter presented during citizen participation. Bobby Heath, representing the Wylie Downtown Merchants, reported on some upcoming events in the downtown area. Don Hallum, representing WASA, reminded members of the upcoming Elvis event on August 19th at the First Baptist Church Events Center to raise funds for WASA (Wylie Advocates for Senior Activities). Councilman Jones addressed council reporting that over the past weekend there were 30 young �. men who participated in the Lake Lavon Safety, Gang and Drug Awareness Event. He recognized Taste of Home who had provided food for the event. He noted many volunteers and businesses offered services to assist, which was free to all participants. Councilman Jones also thanked Fire Chief Corbin and Police Chief Duscio for their assistance. 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 July 26, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2011-21(R) authorizing the Mayor to enter into an Interlocal Agreement with the Collin County Commissioners Court to include the City of Wylie and its extraterritorial jurisdiction in the Collin County Environmental Health Care Services program. (M. McAnnally, Building Official) C. Consider, and act upon, ratifying the City Manager's execution of a construction contract in the amount of$1,995,277 to JC Commercial, Inc. for the construction of the 2011 Community Park Improvements Project contingent upon City Attorney approval of the contract, insurance, and bond documents. (M. Sferra, Public Services Director) Minutes August 9, 2011 Wylie City Council Page 2 D. Consider, and act upon, Ordinance No. 2011-15 prohibiting parking, stopping, or standing of a vehicle along Martinez Lane from SH 78 to Alanis Drive. (C. Holsted, City Engineer) E. Consider, and act upon, Ordinance No. 2011-16 amending Section 3 of Ordinance 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (C. Holsted, City Engineer) Mayor Hogue announced Consent Item E had been requested to be pulled by staff and considered individually. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve consent items A, B, C, and D as presented. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. REGULAR AGENDA E. Consider and act upon, Ordinance No. 2011-16 amending Section 3 of Ordinance 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that the proposed Ordinance establishes school zones on the recently complete portion of FM 1378 for Smith Elementary and it also establishes a pedestrian crossing on Stone Road for Burnett Jr. High School. Holsted noted a typographical error in the proposed ordinance in Section II, (b) (3) which should read: Twenty (20) miles per hour on school days on the following streets: (a) on Country Club Road from the intersection of Park Boulevard, south five hundred feet (500') and (b) on Country Club Road from the intersection of Park Boulevard, north one thousand feet(1,000'). He requested council make this change within the action taken. Council Action A motion was made by Councilman White, seconded by Councilman Goss to approve Ordinance No. 2011-16 amending Section 3 of Ordinance 2007-36 and Article IV, Section 110- 133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; and correcting Section II, (b) (3) of Ordinance No. 2011-16 to read: Twenty (20) miles per hour on school days, on the following streets: Minutes August 9, 2011 Wylie City Council Page 3 a. On Country Club Road from the intersection of Park Boulevard, south five hundred feet (500'). —�- b. On Country Club Road from the intersection of Park Boulevard, north one thousand feet (1,000'). A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 1. Consider, and act upon, Resolution No. 2011-22(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2011-2012, accepting the calculation of the effective tax rate, and providing for the publication as provided by the Texas Property Tax Code. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that the proposed budget is based on a tax rate of $0.8989 per $100 valuation. This year's effective tax rate is $0.901299 and the rollback tax rate is $0.949368. Any change in the proposed tax rate will require revision of the proposed budget. Since the proposed tax rate is less than both the effective and rollback tax rate, no public hearings on the tax rate are required. Council Action A motion was made by Councilman White, seconded by Councilwoman Culver to adopt Resolution No. 2011-22(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2011-2012, accepting the calculation of the effective tax rate, and providing for the publication as provided by the Texas Property Tax Code. A vote was taken and the motion passed 6-0 with Mayor Hogue, and Council members Goss, Spillyards, Jones, White, and Culver voting for with none against and Mayor Pro Tem Byboth absent. Presentation Hear presentations from the top ranked finalist design/build construction firms: Pulliam Construction Services, Byrne Construction, and Adolfson & Peterson Construction. Staff Comments Assistant City Manager Butters addressed council stating that staff is requesting council rank the design/build construction firm finalists in the order of preference. Butters explained that staff published a Request for Proposals for design build services for the Public Services construction project and received 17 proposals. Staff narrowed the firms down to seven firms to interview. After interviewing the seven firms and checking references staff narrowed those to three finalists to present to City Council; Pulliam Construction Services, Byrne Construction, and Adolfson & Peterson Construction. Butters explained that each firm was present tonight to present their proposals. He noted action would be taken in a separate agenda item following the presentations. Each of the three semi-finalists presented their initial proposal to council and those present. 2. Consider, and act upon, ranking the finalist design/build construction firms and authorizing the City Manager to negotiate a contract beginning with the top-ranked firm, for the Public Services remodel and new construction project. (J. Butters, ---° Assistant City Manager) Minutes August 9, 2011 Wylie City Council Page 4 Staff Comments Assistant City Manager Butters addressed council stating that staff is requesting council rank the design/build construction firm finalists in the order of preference. All three finalists have presented proposals to City Council; Council may rank: Pulliam Construction Services, Byrne Construction, and Adolfson & Peterson Construction in their order of preference. Council/Firms Discussion Councilman Goss commended Mr. Pulliam on his layout of estimated line item costs within the proposal. He thanked Mr. Pulliam for his detailed proposal. Councilwoman Spillyards asked in working with the plan and budget, could Mr. Pulliam provide more live screening for the park and other areas of the proposal. Mr. Pulliam replied that his proposal had contingencies that would allow for more live screening if preferred as long as it did not add arches and other amenities that would be costly. Councilman Goss commented that he believed the proposal by Pulliam Construction Services was very impressive and he liked this firm as the first ranked. Councilman White and Jones concurred. Councilwoman Spillyards agreed with the choice of Pulliam as the first choice. Councilman Jones and White commented their choice of Adolfson & Peterson construction as a second ranked choice. Mayor Hogue concurred. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to rank Pulliam Construction Services, first; Adolfson & Peterson Construction, second and Byrne Construction, third and to authorize the City Manager to negotiate a contract beginning with the top-ranked firm, for the Public Services remodel and new construction project. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 3. Consider, and act upon, authorizing the Mayor to sign an amendment to Exhibit C of the Solid Waste contract between the City of Wylie and Community Waste Disposal (CWD); adding biannual Clean Up Green Up event services and increasing the residential solid waste rates by $. cents per month and increasing the rate for additional polycarts by $._cents per month. CWD contract rate including HHW (or Clean Up Green Up) rate and consider a CWD request for rate increase. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed council stating that at the July 12th City Council meeting Council directed staff to add services to the solid waste contract including two events per year in which our solid waste provider would collect household hazardous waste, tires, electronics, metal appliances, and conduct paper shredding at an additional cost of$.40 per household per month. Butters explained that after the July 12th meeting staff received a request for a market adjustment from CWD. CWD requests an increase of $.44 per residential household per month and an increase of $.18 per additional polycart per month. Butters noted that per the current contract, CWD has the ability to request a rate adjustment once per year for consideration by the Wylie City Council. Our contract began with CWD in September 2008. Since that time there has been one request for an increase in commercial rates (in 2010), and there has not been a request for an increase in residential. Minutes August 9, 2011 Wylie City Council Page 5 Assistant City Manager Butters reviewed several scenarios regarding choices that council could make in approval of the Clean Up Green Up event for hazardous waste and the increase in solid waste fees and polycarts. He noted these included passing the fees on to the consumer or absorbing the costs within the budget or any combination thereof. Council/CWD Discussion Greg Roemer, owner of CWD, addressed council stating that he was not asking for a "wage increase" but rather a cost adjustment which reflects the higher costs CWD is experiencing in costs to do business in the past twelve months. He reported the detailed annual analysis reflected three areas of market indexes. The three pieces that are analyzed are disposal, CPI, and fuel. These independent indexes are used to set rates based on these three costs. Mr. Roemer explained that each year, date specific, CWD mails the letter reflecting the indexes to the City Manager. He reported in this current year, CPI is up by 3.3% and fuel is up $1.00 per gallon or 32.42% from one year ago. This analysis is what projected the $.44 increase in solid waste fees. Mr. Roemer explained the new Clean Up Green Up event was a bargain at$.15 per customer for the first year and $.30 for the second year. He reported CWD had chosen to lower the cost for the first two years to introduce Wylie to this new and needed service. Mayor Hogue asked if there had been an increase for commercial use in the past. Assistant City Manager Butters replied that there was a rate adjustment last year for commercial rates but not for residential. Mayor Hogue asked if there was an increase in residential only in this proposed rate adjustment. Mr. Roemer replied there was an increase for residential and commercial in this proposed rate adjustment. Mayor Hogue stated that he felt staff had not been made aware of the commercial increase and felt this item should be tabled until such time as the proposed agreement can be reviewed with staff and brought back to council with recommendations. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Goss to table Item #3 and consideration of the Solid Waste Contract between CWD and the City of Wylie until such time as staff can review and make recommendations regarding the proposed solid waste fees and services. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 4. Consider, and act upon, authorizing the Wylie Economic Development Corporation to construct parking improvements on private property to benefit the downtown Wylie commercial district. (S. Satterwhite, Executive Director WEDC) Staff Comments Wylie Economic Development Corporation Executive Director Satterwhite addressed council stating that prior to consideration of this paving project, the Wylie Economic Development Corporation (WEDC) had attempted to purchase 0.198 acres from the Wylie First Baptist Church (FBC) to facilitate downtown redevelopment and facilitate increased parking to benefit downtown businesses and Olde City Park. The area in question is located across Ballard Street from Olde City Park, adjacent to and south of Boyd Recording Studio. Satterwhite explained that while the WEDC was unsuccessful in its attempt to purchase the property due to FBC policy issues, a scenario has been identified by which increased parking for Olde City Park and downtown businesses could be accomplished. Satterwhite explained that WEDC has discussed this issue in concept with FBC to construct the parking improvements (±35 spaces) on the proposed site, put in place a shared parking agreement with the FBC under which public parking is unrestricted, and with the WEDC to be reimbursed a portion or all of its expenses should the FBC sell the property or after a predetermined number of years pass. Minutes August 9, 2011 Wylie City Council Page 6 Satterwhite explained that the framework for discussion assumed the WEDC funds the improvements; the WEDC would be reimbursed 100% should the FBC sell the property within a 10 year period. He noted should the 10 year period expire with no sale, FBC would reimburse the WEDC 50—75% of its costs with no expiration date for the shared parking agreement. Further, staff envisions angled, head-in parking with one-way traffic exiting into and through the existing FBC parking lot. Finally, the WEDC will be responsible for directional and public parking signage with FBC responsible for all maintenance. He reported, due to the uncommon scenario of providing public improvements on private property, the WEDC Board of Directors has sought input from the Parks and Recreation Board, Downtown Merchants Association, and now the Wylie City Council prior to making a final determination as to the viability of the project. Satterwhite noted the Parks Board unanimously supported the project but suggested specific attention be paid to cross walk directional signage so that individuals would be deterred from crossing directly across Ballard Street to Olde City Park. The Merchants Association also unanimously supported the project. Staff and Board members presenting the concept to both groups were very clear regarding the unusual nature of this project relating to public improvements on private property and that the Board would heavily weigh Council's input. Council Discussion Mayor Hogue asked Mr. Satterwhite who would be responsible for liability should someone be hurt on the property. Mr. Satterwhite replied that responsibility for both liability and maintenance would be solely the responsibility of FBC. Councilman Jones stated he had concerns regarding paying tax payer money to improve private property. He asked why FBC was unwilling to sell the property. Satterwhite replied there was a philosophical reason why the original property owner who donated the property to the church did not want the church to sell the property. Councilman Goss asked if after 10 years the WEDC was recommending a return of investment by 50% or 75%. Mr. Satterwhite replied that he would recommend a return of 50%. Councilman Goss noted the costs to build the parking lot would be higher than the estimated costs proposed by WEDC. Councilwoman Culver stated that she too had concerns with building improvements with taxpayer money on private property. She noted that she felt the council was treading on thin ice with regard to approving this type of agreement and could set precedence for future proposals. Councilwoman Spillyards stated that she saw another side of this proposal to benefit the City for events in the park and assisting in making the downtown area a viable place for new and existing businesses. Mayor Hogue stated he had concerns regarding not owning the property and changes in leadership within the church. WEDC president Marvin Fuller addressed council stating that the board felt since the church was not agreeable to selling the property, the board felt the most cost effective way to construct a parking area to benefit the park and downtown area was to enter into an agreement with FBC. He noted this property was currently not on the tax roll and the merit of eventually moving it to the taxable roll and the other benefits merited looking at this proposal. Councilman White asked if a long term lease could be arranged whereby the church would lease the property to WEDC for many years to control the land use. WEDC Director Satterwhite stated he thought there were some gaps that could be filled in prior to action taken. He noted he would convey this information to FBC and come back to council with additional options for this parking proposal. Council Action A motion was made by Councilman White, seconded by Councilman Jones to table Item #4, consideration of the construction of parking improvements on private property to benefit the Minutes August 9, 2011 Wylie City Council Page 7 downtown commercial district be tabled to gather other options and recommendations. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 5. Consider, and act upon, Ordinance No. 2011-17 approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's fourth annual rate review mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; 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; requiring the company to reimburse cities' reasonable ratemaking expenses; repealing conflicting resolutions or ordinances; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; 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, along with approximately 154 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC" or"Steering Committee"). On or about April 1, 2011, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. Manson noted this is the fourth annual RRM filing. City Manager Manson explained that Atmos had sought a $15.7 million dollar increase. After discussions with the coalition, the amount was lowered to $6.6 million dollar increase which partially includes the direct costs of seal service line replacements which has been discussed for several years. Manson reported the average residential increase would be $.31 cents per month and commercial user would be $.88 cents per month. She noted that the alternative to a settlement of the RRM filing would be a contested case proceeding before the Railroad Commission on the Company's current application, would take several months and cost ratepayers millions of dollars in rate case expenses, and would not likely produce a result more favorable than that to be produced by the settlement. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to adopt Ordinance No. 2011-17 approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's fourth annual rate review mechanism filing in all cities exercising original jurisdiction; declaring existing rates to be unreasonable; 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; requiring the company to reimburse cities' reasonable ratemaking expenses; repealing conflicting resolutions or ordinances; determining that this ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; adopting a savings clause; 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 5-1 with Mayor Hogue, Council members Culver, Spillyards, Jones and White voting for with Councilman Goss voting against and Mayor Pro Tem Byboth absent. —. Minutes August 9, 2011 Wylie City Council Page 8 ..... 6. Consider, and act upon, a settlement with David Edward Company, Ltd in Cause No. 401-02629-2011 in the case styled The David Edward Company, LTD v. City of Wylie, Texas pending in the 401st District Court in Collin County, Texas and to authorize the City Manager to take all actions necessary to effectuate the same. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that the original specifications for one of the high-back chairs for the new Library called for 26 chairs. During the process of ordering the furniture, the number was inadvertently doubled and a purchase order issued by the City based on the quote. It was not until the City received the custom chairs with the upholstery selected for our project that we realized the mistake. Staff began the discussion with the vendor regarding some sort of settlement or credit regarding the amount owed because while the City clearly processed the request with the incorrect number of chairs, the City believed that the vendor had some responsibility to compare the order to the original specifications. g'lY f Manson explained tha{i r eral mo 9'4'of discussions, the issue was ultimately referred to the attorneys for both parties. Tl initiai• respd see:;from the vendor's attorney was an assertion that they were due $32,911.3 It afterjieg ion,.the*greed to settle at $23,500. Manson noted the City had possession of the; airs and would 'utilize th m within the new buildings. Staff recommends the acceptance of the i tlement offer which,was received on July 25th and which must be responded to by August 22"d. Y Mayor Hogue askedti4e ,• Oa' <n tir Wylie Municipal Complex project was. Manson replied that it totaled $42 milli.I:, . le if this was the first oversight. Manson replied that it was the first oversight by thr plained that staff would have preferred not to have any oversight. Councilwoman Cufver ask what the break even cost would be to the contractor on the duplicate order. She stated that she felt the contractor should have some fault in accepting the order. She asked why the City would not negotiate a cost break point so the contractor would not be out any funding but the City would not have the cost of the profit markup. Construction Manager Shane Colley explained the contract was under TXMAS pricing which has very little mark up on items purchased; somewhere between 5%-10%. Colley explained that on a $20,000 purchase the markup would be somewhere around $2,000. He noted the contractor was reducing the cost by $2,600 on the duplicate order. Council Action A motion was made by Councilwoman White, seconded by Councilwoman Spillyards to approve a settlement with David Edward Company, Ltd in Cause No. 401-02629-2011 in the case styled The David Edward Company, LTD v. City of Wylie, Texas pending in the 401st District Court in Collin County, Texas and to authorize the .City Manager to take all actions necessary to effectuate the same. A vote was taken and the motion passed 4-2 with Mayor Hogue, Councilman White, Councilwoman Spillyards, and Councilwoman Culver voting for with Councilman Goss and Councilman Jones voting against and Mayor Pro Tem Byboth absent. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No.'s 2011-15, 2011-16 and 2011-17 into — the official record. Minutes August 9, 2011 Wylie City Council Page 9 ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman White, seconded by Councilwoman Spillyards to adjourn the meeting at 9:40 p.m. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. Eric Hogue, Mayor ATTEST: C1111)84;21":"*. F1r,,,'�� - to!eCa ole Ehrlich,Ci y Secretary � _♦��9 Minutes August 9, 2011 Wylie City Council Page 10