Loading...
07-24-2012 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday July 24, 2012 — 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 Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tern Kathy Spillyards, Councilwoman Diane Culver, Councilman Nathan Scott, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Police Chief, John Duscio; Planning Director, Renae 011ie; Library Director, Rachel Orozco; Public Services Director, Mike Sferra; Finance Director, Linda Bantz; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Jeff Johnson representing the Gateway Church gave the invocation and Lieutenant Anthony Hendersen led the Pledge of Allegiance. 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. Glenis Dixon, residing at 544 North Ballard, Wylie, addressed council concerned her property would be annexed with the 2.208 acre tract of land north of Brown Street and east of Ballard Avenue. Mayor Hogue told Mrs. Dixon there would be a public hearing during Item #1 on the agenda and she could address council on this agenda item at that time with her concerns. Councilman Scott announced that on August 18, 2012 there will be an event showcased by Jason Castro from American Idol to raise money for the WASA Group for the renovation of the old Smith Public Library to a Senior Center. He invited those present to attend the event in support of WASA. The event will be held at the First Baptist Events Center and begin at 7:00 p.m. 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 10, 2012 Regular Meeting and July 7, 2012 and July 13, 2012 Special Called Work Sessions for 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 June 30,2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for the City of Wylie as of June 30 2012. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of June 30,2012. (S. Satterwhite, Executive Director WEDC) E. Consider,and act upon,the approval of the final Wylie Trails Master Plan. (M. Sferra, Public Services Director and R. Diaz, Parks Superintendent) F. Consider, and act upon, the award of bid #W2012-43-B for East Brown Street Pump Station and 1.5MG Ground Storage Reservoir Project to AUI Contractors Inc. in the amount of $3,831,968.00, as the lowest responsive, responsible bid; and authorizing the City Manager to execute any and all necessary documents. (C.Holsted, City Engineer) 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 7-0. REGULAR AGENDA Public Hearing 1. Conduct the Second Public Hearing for the annexation of a 2.208 acre tract of land situated in the James Truitt Survey, Abstract No. 920, Collin County, Texas, generally located north of Brown Street and east of Ballard Avenue. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that this annexation is at the request of the property owner, MOST REVEREND KEVIN J. FARRELL, D.D.,(St. Anthony Catholic Church). The subject tract is contiguous to current property the church owns and north of the existing facility. The applicant desires to bring the subject tract into the city and replat to join with existing property to the south for future development and expansion. 011ie explained to council the property being requested for annexation did not include the property owned by Glenis Dixon but only the property owned by St. Anthony's Catholic Church. 011ie showed a map of the location noting the property owned by Dixon was not included. Minutes July 24, 2012 Wylie City Council 2If' age Public Hearing Mayor Hogue opened the second public hearing on the above annexation at 6:10 p.m. asking anyone present wishing to address council during the public hearing to come forward and limit their comments to three minutes. No one came forward during the public hearing. Mayor Hogue closed the second public hearing at 6:10 p.m. Action on this item will be taken at the August 14, 2012 regular city council meeting. Tabled Item: Motion to remove from table and: Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to remove consideration of the final artist and art design for the Downtown Mural Art Project from the table. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, the final artist and art design for the Downtown Mural Art Project,and authorize the City Manager to execute a contract to commission the art in the amount of$15,000. (C. Ehrlich, City Secretary) Staff Comments City Secretary and Public Arts Advisory Board Liaison Ehrlich addressed council stating that at the June 26, 2012 City Council meeting the Wylie Public Arts Advisory Board recommended Roger and Karen Nitz to commission a mural for the wall located at Olde City Park. Several members of the board and selection panel were present at the meeting and requested time to work with the artist to make some changes to the proposed design. Ehrlich explained that council tabled the item for further review by the Public Arts Advisory Board and the Downtown Mural Selection Panel. Ehrlich reported the artist met with the board and panel twice to finalize the final design which is being presented tonight for the council's final approval. Artist-Council Discussion Artist Roger Nitz explained the process he used to draw the design in pencil and divide the mural in sections to allow for coloring pages to place in a coloring book for children. He then painted the maqueette with the proposed changes. He noted that several things were hidden within the mural significant to Wylie such as onions, cotton, and the nimber 125 designating the 125th anniversary of the city. He explained these items would be fun to use for contests to see if the viewers could locate the hidden items. Mayor Hogue asked artist Roger Nitz if the copyright by the artist would effect reproduction in magazines and other publications for non-commercial purposes. Hogue stated that he wanted to insure that the Chamber of Commerce for instance can use the photo of the mural to promote the city. Roger Nitz replied that when he is hired to produce a mural, once the mural is complete it is owned by the city and would not have issue with businesses such as the Chamer of Commerce and other magazines publishing pictures of the mural; in fact it would be great advertising for the artist. Minutes July 24, 2012 Wylie City Council 3IPage City Secretary Ehrlich noted the contract did allow for non-commercial reproduction of the mural in magazines, newpapers, books, websites, catalogues, calendars and posters. Ehrlich explained the copyright held by the artist was to protect the artist from other aritsts reproducing his work. Ehrlich indicated she would check with the City Attorney to insure all these items were covered in the contract. Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman Scott to approve Roger and Karen Nitz as the artists and the final design for the Downtown Mural Art Project and to authorize the City Manager to execute a contract to commission the art in the amount of $15,000, after checking Article 4 of the contract with the City Attorney's office. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Ordinance No. 2012-19 amending Exhibit "A" of Ordinance No. 2010-20 (Consolidated Fee Ordinance) and Section II (Garbage, Trash, and Brush Fees) of appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances: Providing for a penalty of the violations of this ordinance: Providing for a repealing, and savings and severability clauses; Providing for an effective date of this ordinance: and Providing for the publication of the caption hereof. (I Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed council stating that in August of 2011 council amended the solid waste contract to provide two events per year in which CWD will collect household hazardous waste (and other items which are difficult to dispose of). The "Extreme Green" events added an additional .15 cents of cost per household per month. The Extreme Green cost will escalate to .30 cents per month in 2013 and .40 cents per month in 2014. In March of 2012 CWD requested, and was granted, a rate increase of .44 cents per household per month. This ordinance amendment increases the solid waste residential rates by .59 cents per household per month. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tern Spillyards to adopt Ordinance No. 2012-19 amending Exhibit "A" of Ordinance No. 2010-20 (Consolidated Fee Ordinance) and Section II (Garbage Trash and Brush Fees) of appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances; Providing for a penalty of the violations of this ordinance; Providing for a repealing, savings and severability clauses; Providing for an effective date of this ordinance, and Providing for the publication of the caption hereof. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tern Spillyards, Councilwoman Culver, Councilman White, Councilman Jones and Councilman Scott voting for and Councilman Goss voting against. 4. Consider, and act upon, all matters incident and related to the issuance and sale of "City of Wylie, Texas, General Obligation Refunding Bonds, Series 2012", including the adoption Ordinance No. 2012-20 authorizing the issuance of such bonds and providing for the redemption of the obligations being refunded. Staff Comments Finance Director Bantz addressed council stating that the city has negotiated a sale for City of Wylie, Texas, General Obligation Refunding Bonds, Series 2012. The proceeds of this bond sale will be used to refund a portion of the city's outstanding debt and to pay the costs associated with the issuance of the Minutes July 24, 2012 Wylie City Council 4IPage bonds. She noted that David Medanich, the city's financial advisor with First Southwest, was present to answer any questions council may have. David Medanich, representing First Southwest, addressed council stating that First Southwest had completed the ratings for the General Obligation Refunding Bonds and the Public Property Finance Contractual Obligations (PPFCO's) for the Quints which indicated the same "Aa3" rating from Moody's and a "A+" rating from Standard & Poor's. These are very good ratings. Medanich explained the true interest rate for the PPFCO's is 2.62% for a 20 year obligation which is excellent. The refunding bonds obtained a 2.72% interest rate which resulted in a present value savings of$132,814 for the bonds that were refunded which First Southwest is very pleased with. Council Action A motion was made by Mayor Pro Tem Spillyards, seconded by Councilman Scott to adopt Ordinance No. 2012-20 authorizing the issuance of "City of Wylie, Texas, General Obligation Refunding Bonds, Series 2012" and approving and authorizing the execution of a Paying Agent/Registrar Agreement, a Special Escrow Agreement and a Bond Purchase Agreement and approving and authorizing the distribution of a Preliminary Official Statement and an Official Statement in relation to such Bonds. A vote was taken and the motion passed 7-0. 5. Consider all matters incident and related to the issuance of"City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2012", including the adoption Ordinance No. 2012-21 authorizing the issuance of such obligations. Staff Comments Finance Director Bantz addressed council stating that the city has negotiated a sale for City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2012. The proceeds from the sale of the Contractual Obligations will be used for the purpose of purchasing two quints (quintuple combination pumper)for the fire department and professional services rendered in connection therewith. Council Action A motion was made by Councilman White, seconded by Councilman Goss to adopt Ordinance No. 2012-21 authorizing the issuance of "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2012" and approving and authorizing the execution of a Paying Agent/Registrar Agreement, and a Purchase Agreement and approving and authorizing the distribution of a Preliminary Official Statement and an Official Statement in relation to such Bonds. A vote was taken and the motion passed 7-0. Mayor Hogue announced the Executive Session would be held prior to the work sessions. He convened into Executive Session at 7:18 p.m. reading the caption below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.087 Deliberations Regarding Economic Development Negotiations; CLOSED MEETING. This chapter does not require a governmental body to conduct an open meeting:(1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision(I). Minutes July 24, 2012 Wylie City Council 5IPage • Project ATR • Project Detroit -- • Project UTS • Project WICH Mayor Hogue reconvened into Open Session at 7:43 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session or Executive Session. There was no action taken as a result of Executive Session. WORK SESSION • Conduct a work session with Planning Department and Parks Division regarding the Tree Preservation and Landscape Ordinance. (M. Sferra, Public Services Director and Renae' 011ie, Planning Director) Parks Manager Shohn Rodgers explaining after the February 13, 2012 council work session, Parks and Recreation Division staff made several changes to the proposed ordinance per the council's direction, including creating a mechanism for protecting significant trees. This proposed ordinance has been reviewed by the Planning and Zoning department, and does not conflict with any Planning and Zoning ordinances or policies. Rodgers explained the proposed ordinance deals more exclusively, and in greater detail, with trees on public land than does the Planning and Zoning ordinance. Direction from council was to move forward with the proposed ordinance for future consideration by the council. Planning Director 011ie addressed council stating that staff was reviewing the landscape portion of the comprehensive zoning ordinance. Consideration was given to insuring that landscaping is an integral part of development not an afterthought to enhance the beautification of the city and safeguard property values and protecting public and private investments. Other considerations included conservation of energy and water use. 011ie explained the current ordinance does not address requirements for property owners to establish and maintain a certain number of trees on each lot. Currently the ordinance does require developers/builders to install at least two trees of any type in the front yard of each lot within the development. Once the property is sold, there are no further requirements to maintain the trees. 011ie suggested that a list of acceptable locally-adapted trees and shrubs be maintained within the planting requirements; setting the example of Bradford Pear trees which are used largly by developers but have short life spans and sometimes don't do well in this area. 011ie suggested putting these trees on the prohibited list which means they could plant the tree but it would not count toward the two tree requirement. 011ie also suggested that the property owners be required to maintain and/or replace dead trees. Xeriscape vegetation should also be addressed to encourage builders and homeowners to conserve water. Council members had concerns regarding the requirement to require certain types of trees and to maintain and replace the trees by the homeowner. Council direction was to continue researching the requirements for the build/developer to plant trees from a list of acceptable Minutes July 24, 2012 Wylie City Council 6JPage locally-adapted trees and shrubs but not extend these requirements including maintaining two trees to property owners. • Discussion regarding the FY 2012/2013 Budget (M. Manson, City Manager) City Manager Manson presented figures to questions the council posed during the previous budget work session. Council reviewed the numbers and gave the following additional direction. Direction from council was to: Narcotic Unit — fund in the proposed budget only after the salary raise/compression and market survey have been funded. Branding Position —consider funding at mid-year Animal Control Part-time position —fund part-time position Salary Proposals — Fund the option for percentage and compression totaling $507,163 but remove employees in the market survey. Market Survey Salaries— Fund with some alternate recommendations from council. Council agreed to meet Tuesday July 31, 2012 at 6:00 p.m. in a work session to finalize the proposed budget for consideration at a future council meeting. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No.'s 2012-19, 2012-20 and 2012-21 into the official record. ADJOURNMENT A motion was made by Councilman Jones, seconded by Councilman White to adjourn the meeting at 9:24 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayo ATTEST: C.) (Ti :may %rlich, Citary nor fit 1 :. t / ♦l -0.coLR4�� / f 018870 •T/ Warp OP181.1 Minutes July 24, 2012 Wylie City Council 7IPage