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.
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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.
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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
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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).
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• 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
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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
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