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10-10-2006 (City Council) Minutes I/ Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, October 10, 2006 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Councilman Red Byboth and Councilman Eric Hogue were absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Newsom gave the Invocation and Mayor Pro Tern Porter 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. There was no one present to address Council during Citizens Comments. 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. Approval of the Minutes from the September 26, 2006 Regular Council Meeting. (C. Ehrlich, City Secretary) Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Councilman Hogue and Council Byboth absent. Minutes—October 10, 2006 Wylie City Council Page 1 REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-60 amending the zoning from Neighborhood Services (NS) to Light Industrial (LI) District, generally located on the northeast corner of Brown Street and Eubanks. ZC 2006-12. (R. 011ie, Planning Director) Staff Comments City Planning Director 011ie addressed Council stating that the subject property is located on the northeast corner of Brown Street and Eubanks. The applicant is requesting to rezone 3.7 acres from Neighborhood Services (NS) District to Light Industrial (LI) District. The property has been platted since 1986 as Wyndham Estates Phase 3, Lot 34 and was originally zoned Industrial District. However, with the city- wide rezoning in 2001, the property was rezoned to NS. Owner/Applicant Comments Alan Akins residing at 5949 Sherry Ln. Ste 1220, Dallas, Texas 75225 addressed Council stating that he was the owner and G. T. Wise was the applicant requesting zoning for a facility that would be a reporting center to direct work to other sites. Mayor Mondy asked if the facility would hold spare parts in inventory. Mr. Akins stated that he could not address that but knew there would be no work performed at this site. Mayor Mondy asked City Manager Manson if this site was across from the new fire station #3. City Manager Manson stated that it was. Mayor Mondy asked Ms. Manson if this was the best use of this site. Ms. Manson stated that the land use plan does reflect industrial zoning. One of the uses that were directly north and west, across Eubanks is the TXU development; this is a pretty good use for the area. She explained that the site plan is a draft and not a formal approved site plan, but does show a little bit of outside storage, which will be screened per the Wylie code. Public Hearing Mayor Mondy opened the public hearing at 6:10 p.m. No one was present to address Council during the public hearing. Mayor Mondy closed the public hearing at 6:10 p.m. Council Discussion Councilman Young stated that he had been contacted by two residents that live just down the street on W. A. Allen. They were against this zoning because it was infringing on the neighborhood due to the development of the new fire station and requested a different use of the area. They also had concerns regarding the owner/operator selling the property to someone else with a different usage of the property, and the de-valuation of their property. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to approve Ordinance No. 2006-60 amending the zoning from Neighborhood Services (NS) to Light Industrial (LI) District, generally located on the northeast corner of Brown Street and Eubanks. ZC 2006-12. A vote was taken and passed 4-1 with Mayor Mondy, Councilman Newsom, Councilman White and Mayor Pro Tern Porter voting for and Councilman Young voting against. Councilman Hogue and Council Byboth were absent. Minutes—October 10, 2006 Wylie City Council Page 2 Tabled Items Tabled Item from September 26, 2006 2. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, acceptance of the resignation of Eric Brown and the appointment of a new member to the Construction Code Board for the unexpired term of July 2005 to July 2007. (C. Ehrlich, City Secretary) Council Action A motion was made by Mayor Pro Tern Porter to remove Item #2 (appointment of a new Construction Code Board member) from the table. Consensus of Council was to remove and consider. Staff Comments City Secretary Ehrlich addressed Council stating that at the request of the Council, the City Secretary contacted the applicants from 2006 who had indicated a desire to serve on the Construction Code Board. Christine Eustace and Chad Tittle have indicated that they are willing to serve the unexpired term ending June 30, 2007. She explained that both applicants had been interviewed by the 2006 Board Interview Panel and they could make recommendations based on those interviews. Council Discussion Mayor Mondy asked Mayor Pro Tern Porter (Interview Board Chairman) what his recommendation was. Mayor Pro Tern Porter stated that the panel had interviewed both applicants and he did not have a particular choice on either applicant. He asked Council if any member had a preference. Mayor Pro Tern Porter explained that Mr. Tittle had been a resident of Wylie for 16 years and had a little more background regarding the Construction Code Board. Mayor Pro Tern Porter stated that if he were to make a recommendation, it would be for Mr. Tittle. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman White to accept the resignation of Eric Brown from the Construction Code Board and to appoint Chad Tittle to serve the unexpired term of July 2005 to July 2007. A vote was taken and passed 5-0 with Councilman Hogue and Councilman Byboth absent. General Business 3. Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on September 14, 2006, a public meeting was held to discuss alignment alternatives for FM 2514 at the intersection with FM 1378. The Collin County engineering consultant — Birkhoff, Hendricks, and Conway — presented five alignment alternatives as shown on the display presented to Council. The City of Wylie Thoroughfare Plan currently reflects alignment as option#2. Minutes—October 10, 2006 Wylie City Council Page 3 Mr. Hoisted reviewed the five options for the intersection and stated that the least expensive option was option #2. He explained that option #3 would also work but would require more structures with this alignment. He stated that option #4 went thru a portion of property that is currently platted in the City of Wylie and option #5 would not be recommended as it would take out a retail intersection from the City. Mayor Mondy asked which option Lucas was in favor of. Mr. Hoisted replied that they were in favor of option #5 and St. Paul had passed a resolution in favor of option #2. Mayor Mondy asked what would be wrong with recommending the same alignment as is presently there. Mr. Hoisted stated that this was a traffic issue. City Manager Manson stated that the last draft of the mobility plan update, that she saw, had some alternative roads which included an east—west road parallel to the north of Parker coming east and lining up with the bridge that will go over Lake Lavon. City Engineer Hoisted suggested tabling the item to allow him time to have a discussion with the developer of the Estates of Creekside (option #4) and see what his thoughts might be as well as property owners in the area. Consensus of Council was to table the item in order to speak with property owners. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Porter to table consideration of Resolution 2006-26(R) supporting an alignment for Parker Road (FM 2514) at the intersection of FM 1378 to the November 14, 2006 Council meeting to allow time for the City Engineer to gather more information. A vote was taken and passed 5-0 with Councilman Hogue and Councilman Byboth absent. 4. Consider, and act upon, awarding the City's Bank Depository Contract for FY 2006-2010. (L. Williamson, Finance Director) Staff Comments ..u. Finance Director Williamson addressed Council stating that the finance department solicited bids for the City's depository services through an RFP process. The solicitation included basis banking services, merchant banking services, lockbox services, and on-line banking services. The contract is for four years. Four banks responded: American National Bank, Inwood National Bank, Capital One Bank, and JP Morgan/Chase Bank. Mr. Williamson explained that he had reviewed all bids and submitted to Council a report showing each bid proposal and comparisons between the four bids. He stated that it was the Finance Department's recommendation to award the bid to JP Morgan/Chase Bank due to the cost effectiveness of the bid. He explained that the cost structure was almost $13,000 less than the next lowest bidder and in the opinion of the finance department, the facilities and services provided were superior to the other bids. Council Discussion Mayor Mondy asked Mr. Williamson to explain how there was such a disparity between the bid submitted by JP Morgan and the other three bids. Mr. Williamson explained that the major reason was because the other banks were subcontracting some of their services which added additional costs to the City. JP Morgan had all banking services requested "in-house" which brought the cost of the service lower. Some of these services were the lock box and merchant banking. Mayor Mondy asked if the cost per year was fixed. Mr. Williamson stated that it was locked in for a four year period. The volume would be the only change in cost. Mr. Williamson also explained that JP Morgan was offering $15,000 to assist with the costs for bank transfers and additional costs for the printing of checks and other services. Mayor Mondy questioned the offering stating that the thought of someone giving the City $15,000 to do business with them seemed unusual. Mr. Williamson explained that this was an offer to offset the costs of moving from one bank to another. Councilman Young asked if a four year contract was required in the past. Mr. Williamson stated that the last contract had been in place since 1999. Mayor Mondy asked if First Southwest had reviewed the bids. Mr. Williamson stated that they had not. Mayor Mondy asked if Mr. Williamson had any problem with allowing First Southwest to review the bids as these bids had an extreme amount of data and included a large amount of money. Mr. Williamson stated that he did not have a problem with First Southwest reviewing the bids prior to awarding the bid. Minutes—October 10, 2006 Wylie City Council Page 4 Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Porter to table awarding the City's Bank Depository Contract for FY 2006-2010 to the November 14, 2006 City Council meeting to allow time for First Southwest to review the bid documents. A vote was taken and passed 5-0 with Councilman Hogue and Councilman Byboth absent. 5. Consider, and act upon, Ordinance No. 2006-61 amending Ordinance No 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Subsection 9.01 (Residential Fees; Deposits). (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that on February 14, 2006, the City Council amended the solid waste and recycling contract with Allied Waste Systems, Inc. A major effect of the amended contract was to increase the fees charged to the City for residential trash pickup from $8.60 to $9.85 per month, effective March 1, 2006. This represented an increase of 14.5 % or $1.25 a month. The City has maintained its trash rate to city residents of $9.86 per month, effectively absorbing the new rate increase during FY 2005-2006. With the new increase in cost, the City is currently purchasing the service for $9.85 a month and selling the service for $9.86. He stated that he was requesting that the rates be increased by the 14.5% or $1.25 a month to offset the cost for contracting the service. Council Discussion Mayor Mondy asked if the new recycling bins were part of the new services provided by Allied Waste. Mr. Williamson stated that it was. City Manager Manson stated that the increase has been paid by the City to Allied since the contract was approved earlier this year. The City has not been charging residents for this `""'"` increase in rates provided by the new contract and paid by the City. The proposed increase would recoup the cost the city has been paying to Allied. Mr. Williamson explained that the options were: to increase the rates by $1.25, leave the fees the same and allow the city to absorb the increase out of reserve funds, or implement the increase in yearly increments. Mayor Mondy asked Assistant City Manager Butters what his recommendation would be. Assistant City Manager Butters stated that he was in favor of the increase to assure that future expenditures in next year's budget would not be impacted by loss of revenues. City Manager Manson stated that the rates needed to be increased or a mid-year amendment would be required to account for the expenses, not reflected in the budget. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman White to approve Ordinance No. 2006-61 amending Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance), Subsection 9.01 (Residential Fees; Deposits) and increasing the residential trash pickup by $1.25. A vote was taken and passed 4-1 with Mayor Mondy, Mayor Pro Tern Porter, Councilman Newsom, and Councilman White voting for and Councilman Young voting against. Councilman Hogue and Councilman Byboth were absent. 6. Consider, and act upon, approval of a Retainer Agreement between the City of Wylie and Abernathy, Roeder, Boyd & Joplin, P.C. and authorizing the Mayor to execute any and all documents related thereto. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that Abernathy, Roeder, Boyd & Joplin have represented the City of Wylie since 1994. For the majority of that time, the Retainer Agreement between the City and the firm has been on a per- hour basis. In April 2005 an Agreement was approved which Minutes—October 10, 2006 Wylie City Council Page 5 established an annual retainer of $102,000 and Litigation Services at a rate of $200.00 per hour for Partners, $185.00 per hour for Associates, and $75.00 per hour for Legal Assistants. The attached Retainer Agreement proposed by the firm reverts the City to the type of agreement utilized between the City and the firm from 1994—2005. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Porter to approve a Retainer Agreement between the City of Wylie and Abernathy, Roeder, Boyd & Joplin, P.C. and authorizing the Mayor to execute any and all documents related thereto. A vote was taken and passed 5-0 with Councilman Hogue and Councilman Byboth absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read captions to Ordinances #2006-60 and #2006-61 into the official records. ADJOURNMENT Council Action With no further business before Council, Councilman Newsom mad a motion to adjourn at 6:57 p.m. Consensus of Council was to adjourn. hn Mo dy, M yor ATTEST: L E,i EXPO\```` Carole Ehrlic , y Secretary Minutes—October 10, 2006 Wylie City Council Page 6