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09-12-2006 (City Council) Minutes Wylie City Council and Wylie Parks and Recreation Facilities CITY O F WYLIE Development Corporation Minutes Wylie City Council Tuesday, September 12, 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 Earl Newsom, Councilman Rick White, Councilman Merrill Young, Councilman Red Byboth and Councilman Eric Hogue. Staff present were: City Manager, Mindy Manson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; Interim Fire Chief, Noe Flores; Library Director, Racheal Orozco; Public Services Director, Mike Sferra; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter; Human Resource Manager Lynn Fagerstrom, and City Secretary, Carole Ehrlich. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Byboth gave the Invocation and Councilman Newsom 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. No one was 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. Minutes—September 12, 2006 Wylie City Council Page 1 A. Approval of the Minutes from the August 22, 2006 Regular Council Meeting and the August 29, 2006 and September 5, 2006 Special Called Meetings of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat for Habitat For Humanity, generally located at 408A Jackson Avenue, Lots 2B, 2C & 2F, Block 2 in the Russell #1 Addition. (M. Manson, City Manager) C. Consider, and act upon, approval of a Final Plat for Olde City Park Addition, formerly Keller's First Addition Block 4, Lots 4-11, generally located north of S.H. 78, east of Jackson Avenue and west of Ballard Avenue. (M. Manson, City Manager) D. Consider, and act upon, an amendment to the contract by and between the City of Wylie and APAC-Texas, Inc. for asphalt overlay and sealed coating. (M. Sferra, Public Services Director) E. Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, and long term disability and prescription drug coverage. (L. Fagerstrom, Human Resources Manager) Council Action A motion was made by Councilman Byboth, seconded by Councilman Newsom to approve the Consent Agenda as presented. A vote was taken and passed 7-0. Mayor Mondy recessed City Council at 6:04 p.m. RECESS CITY COUNCIL CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 4B Chairman John Mondy called the Wylie Parks & Recreation Facilities Development Corporation to order at 6:05 p.m. with the following members present: Board Member Merrill Young, Board Member Rick White, Board Member Eric Hogue, and Board Member Anne Hiney. Board Members Dan Chestnut and Shirley Burnett were absent. 1. Consider, and act upon, approval of the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 Community Services Facilities Capital Improvement Plan. Staff Comments Public Services Director Mike Sferra explained the highlights of the 4B budget which included: Parks (5614), completing the park area on the west side of Westgate Way, landscaping, irrigation, and signage for the pavilion, and the completion of Valentine Park Improvements for a concrete trail. He explained Minutes—September 12, 2006 Wylie City Council Page 2 that the budget also included the purchase of two six foot riding mowers. Projects in the budget for 4B (5615) recreation consisted mainly of a community center van ($65,000) to transport seniors to activities including fuel and maintenance and capital replacement fees. 4B Board Action A motion was made by Board Member Hogue, seconded by Board Member Hiney to approve the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 community Services Facilities Capital Improvement Plan. A vote was taken and passed 5-0 with board members Burnett and Chestnut absent. 2. Consider, and act upon, amendments to the bylaws of the Wylie Parks and Recreation Facilities Development Corporation of the City of Wylie, Texas adopted January 23, 1995, by approval of Resolution No. 2005-37(R) amending the bylaws, by the City Council of the City of Wylie. 4B Board Action A motion was made by Board Member White, seconded by Board Member Hiney to approve amendments to the bylaws of the Wylie Parks and Recreation Facilities development Corporation of the City of Wylie, Texas adopted January 23, 1995, by approval of Resolution No. 2005-37(R) enacted by the City Council and amending the bylaws. A vote was taken and passed 5-0 with Board Member Chestnut and Board Member Burnett absent. ADJOURN Chairman Mondy adjourned the Wylie Parks and Recreations Facilities Development Corporation (4B) Meeting at 6:10 p.m. Consensus of the 4B Board was to adjourn. Mayor Mondy called for a 10 minute break at 6:10 p.m. Mayor Mondy re-convened into City Council Open Session at 6:20 p.m. RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL REGULAR AGENDA General Business 1. Consider, and act upon, approval of the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) Staff Comments Finance Director Larry Williamson addressed Council stating that as set out in the Articles of Incorporation, the Board has the power to authorize the expenditures of Sales Tax Funds for projects Minutes— September 12, 2006 Wylie City Council Page 3 approved by the City Council and to implement the Community Services Facilities Capital Improvement Plan as adopted by the City of Wylie. Council Action A motion was made by Councilman Young, seconded by Councilman Hogue to approve the FY2006-2007 4B Budget, authorizing expenditures for the FY2006-2007 Community Services Facilities Capital Improvement Plan. A vote was taken and passed 7-0. 2. Consider, and act upon, Ordinance No. 2006-56 adopting a budget and appropriating resources for Fiscal Year 2006-2007, beginning October 1, 2006 and ending September 30, 2007. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the tax rate for fiscal year 2006-2007 is proposed to increase $0.02 per $100 assessed valuation from $0.695 to $0.715. For all budgeted funds, the projected totals for available revenues and expenditures are $103,180,350 and $66,669,190, respectively. At its August 8 meeting, Council accepted the proposed ad valorem tax rate of $0.715 per $100 valuation for FY 2006-2007. The Fund summary was published in the Wylie News on August 23, 2006. Council held a public hearing relating to the budget on August 29, 2006. Council Discussion Mayor Mondy asked Mr. Williamson to explain the change in the $02 cent increase for the bond issue for the proposed 2006-2007 tax rate. Mr. Williamson explained that $.02 cents was used for the calculation wu which was in error due to the relationship between fixed debt service payment to the increase in the ad valorem as a result of the final certified tax roll. Some of the money flowed into the debt service account (approx. $146,000). I have spoken to City Manager Manson and affirmed the numbers. If it is the City's desire, the tax rate can be reduced to $.70678 and take the money from the fund balance and thereby have zero growth of revenue as a result of the tax rate increase. Mayor Mondy stated that during the budget process, Council asked if the $.02 cent increase was due to the bond issues. He stated that it was explained to citizens that the entire $.02 cent increase was due to the debt for the bonds over the next few years. Mayor Mondy asked if this change was made, then would the total increase be for the bond issue. Mr. Williamson stated that it would keep the ad valorem tax rate the same as last year for the funds and only increase the tax for the bond debt. Councilman Newsom asked where in the budget the allocations for the not-for-profit donations to be administered in FY2006-2007 were. Mr. Williamson replied that they were funded in the General Fund under City Council expenditures. Mr. Newsom stated that he wished to reiterate his objection to the City being involved in the business of allocations to charities. I do not believe this is a proper function of municipal government. Mayor Pro Tern Porter asked if the tax rate was lowered to the $.70678, would 100% of the rate increase be going to the bond debt. City Manager Manson replied that it would. She explained that the City had a very healthy fund balance and the reduction would not affect the City's programs or staffing. Council Action A motion was made by Councilman Hogue, seconded by Councilman Byboth to approve Ordinance No. 2006-56 adopting a budget and appropriating resources for Fiscal Year 2006- 2007, beginning October 1, 2006 and ending September 30, 2007; I further move to change the tax rate from the current $.695 per $100 of valuation to the discussed tax rate of $.70678. A vote was taken and passed 7-0. Minutes—September 12, 2006 Wylie City Council Page 4 3. Consider, and act upon, Ordinance No. 2006-57 fixing the tax rate/levy for 2006 and for the fiscal year 2006-2007 Budget. The tax rate proposed is seventy one and one- half cents ($0.715) per $100 of assessed value. (L. Williamson, Finance Director) Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to approve Ordinance No. 2006-57 fixing a tax rate levy for FY 2006-2007 of $.70678. A vote was taken and passed 7-0. 4. Consider, and place on file, the Monthly Revenue and Expenditure Report as of June 30 and July 31, 2006. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the Finance Department has prepared the attached reports for the City Council as required by the City Charter. Council Action A motion was made by Mayor Pro Tem Porter, seconded by Councilman Newsom to consider and place on file the Monthly Revenue and Expenditure Report as of June 30, 2006 and July 31, 2006. A vote was taken and passed 7-0. 5. Consider, and act upon, Ordinance No. 2006-58 establishing a convenience fee of $3.00 per transaction to be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services; containing a severability clause and providing for an effective date. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the Finance Department has had many requests from various departments asking for the ability to accept credit/debit card payments for city services. Utility Billing, Municipal Courts, Park and Recreation, Building Permits and the Animal Shelter have made the request and have enough volume to support initially the need for this method of payment. The use of credit cards by city residents does not save the city any money with respect to either payment acceleration or a reduction in labor or material cost to any degree. It will however reduce the number of bad checks received by the City. Mayor Mondy asked if the information provided tonight was discussed between Council and Staff at a recent work session. Mr.Williamson stated yes it had. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Ordinance No. 2006-58 establishing a convenience fee of $3.00 per transaction to be collected at the point of sale for those persons wishing to use a credit/debit card to purchase city services; containing a severability clause and providing for an effective date. A vote was taken and passed 7-0. 6. Consider, and act upon, approval of AlA Document B141-1997 Part 1 and 2, between the City of Wylie and Wiginton-Hooker-Jeffry, P.C. Architects for design services related to Fire Station #3. (M. Manson, City Manager) Minutes— September 12, 2006 Wylie City Council Page 5 Staff Comments City Manager Manson addressed Council stating that the City Council selected Wiginton-Hooker-Jeffrey Architects to design the new Fire Station. The negotiated contract sets out the total estimated fee of $117,850 for basic services, a maximum of $52,705 for optional services, and $20,000 for reimbursable expenses, for a total of $190,555. The 2005 Bond identified $1,500,000 for Station 3 design and construction. The proposed size of the station is 11,500 square feet, with exact size to be determined during programming. Council Discussion Councilman Young asked if the cost for the architect was on tract with what the estimates were during the bond discussion. City Manager Manson stated that it was. Mayor Mondy asked that the architects redefine the specification to ensure that the proposed size was built. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tem Porter to approve AIA Document B141-1997 Part 1 and 2 between the City of Wylie and Wiginton-Hooker-Jeffry, P.C. Architects for design services related to Fire Station #3. A vote was taken and passed 7-0. 7. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, authorizing the Mayor to sign a Development Agreement between the City of Wylie and the Skorburg Company for a tract known as the Hood property or Alanis Crossing. (M. Manson, City Manager) Council Action A motion was made by Councilman Hogue to remove consideration and possible action regarding a Development Agreement between the City of Wylie and the Skorburg Company for a tract known as the Hood property or Alanis Crossing from the table. Consensus of Council was to remove from the table and consider. Staff Comments City Manager Manson addressed Council stating that this item had been tabled from the last Regular City Council Meeting to give the City Attorney time to review the final document. She explained that the City Attorney has done so; the purpose of the proposed Development Agreement is to address the dedication of right-of-way and construction of Alanis Drive, and the timing of that construction. She explained that the land subject to the proposed Development Agreement is a 61.26 acre tract of land known as the Hood property, or Alanis Crossing and the developer has agreed to pay all sewer, water, parkland dedication, and thoroughfare impact fees associated with the property. The 2005 Bond Election included funding for the extension of Alanis Drive which bisects this property from its current terminus in the Twin Lake Subdivision to the future intersection with F.M. 544. Council Action A motion was made by Councilman Byboth, seconded by Councilman White to authorize the City Manager to sign a Development Agreement between the City of Wylie and the Skorburg Company for a tract known as the Hood Property or Alanis Crossing. A vote was taken and passed 7-0. Minutes—September 12, 2006 Wylie City Council Page 6 8. Consider, and act upon, Ordinance No. 2006-59 amending Ordinance No. 98-16 (Fee Schedule Ordinance) modifying Subsection 1.02 (Water Rates) and Subsection 1.03 (Sewage collection and treatment rates). (C. Holsted, City Engineer) Staff Comments City Engineer Chris Hoisted addressed Council stating that on August 29th, 2006 Council held a work session to discuss the water and sewer rate study prepared by McLain Decision Support Systems. The study incorporates the recently approved capital improvements plan (CIP) as well as a proposed $3,000,000 bond issue for the expansion of the public works facility. The CIP was updated as part of the water and sewer impact fee study; however, impact fees can only recoup fifty percent of the projected cost of the CIP. Therefore, the remaining cost must be funded through other means such as the water and sewer rates. The study also incorporates the proposed wholesale water rate increases from the North Texas Municipal Water District as well as the proposed expansion of the Muddy Creek Regional Wastewater Treatment Plant. Council Discussion Mayor Mondy asked Mr. Hoisted if these proposed water/sewage collection and treatment rates were what the Council met to discuss during the recent work session with McLain Decision Support Systems. Mr. Hoisted replied that they were. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve Ordinance No. 2006-59 amending Ordinance No. 98-16 (Fee Schedule Ordinance) modifying Subsection 1.02 (Water Rates) and Subsection 1.03 (Sewage collection and treatment rates). A vote was taken and passed 7-0. 9. Consider, and act upon, authorizing the Wylie Economic Development Corporation to expend $175,224.00 to purchase ±0.491 acre from Roy N. Perry, Dorris J. Perry, and Randall A. Perry. (S. Satterwhite, WEDC Director) Staff Comments WEDC Executive Director Sam Satterwhite addressed Council stating that the WEDC has focused on properties closer to the expanded section of Cooper which has Baylor to the North and Shafer Plaza to the south. The focus on properties closer to Baylor/Shafer is based upon the ability to redevelop that section of Cooper independent of the balance of Cooper Drive. The ideal redevelopment scenario will be for the entire area to redevelop simultaneously, but costs associated with acquiring the entire area in the near future are prohibitive. Following approval from the Wylie City Council and closing on the Perry tract, the WEDC will control 1.5 acres (three tracts) on Cooper Drive. Mr. Satterwhite explained to Council that the total cost of the property was $200,000 ($25,000 paid by deposit by WEDC) and the closing costs were $224. Mr. Satterwhite requested that the full amount be approved tonight ($200,224.). He explained that the posting had been made according to the Open Meetings Act and if Council chooses to approve the $200,224.00 the City Attorney's office had opined that the additional amount was permissible to approve. Council Discussion Councilman Byboth asked Mr. Satterwhite how WEDC can buy these properties and pursue retail businesses or non-industrial under the guidelines of EDC yet you can not pursue companies like Whataburger to establish businesses in Wylie. Mr. Satterwhite explained that for example the Extruders property, we were able to purchase heavy manufacturing property; redevelop the property and sell it for Minutes—September 12, 2006 Wylie City Council Page 7 retail uses. Those actions are proper as long as incentives are not offered. Services to a retail mall could be offered but incentives to the actual retailers could not. Council Action A motion was made by Councilman Byboth, seconded by Councilman Young to authorize the Wylie Economic Development Corporation to expend $200,224.00 for the purchase of 0.491 acre tract from Roy N. Perry, Dorris J. Perry, and Randall A. Perry. A vote was taken and passed 7-0. 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 #2006-56, #2006-57, #2006-58, and #2006- 59 into the official records. Councilman Hogue left the meeting at 6:35 p.m. Mayor Mondy recessed for a 10 minute break at 6:40 p.m. Mayor Mondy reconvened into Work Session at 6:50 p.m. WORK SESSION • Discussion of amendments to Ordinance No. 2002-10 regarding Athletic Fees. (R. Diaz, Assistant Superintendent, Parks and Recreation) Parks and Recreation Assistant Superintendent Robert Diaz addressed Council stating that in the packet were suggested changes to both athletic fees, charged to all participants playing on Wylie fields (fees currently $4.00 per participant) and lighting fees (currently $8.00 per hour per field). He explained that Council had asked staff to review the user and lighting fees and consider other city's fees and report back to Council. Mr. Diaz explained that the changes reflected the survey and revised the fees for users to $5.00 per player and a lighting fee change from $8.00 per hour to $13.00 per hour. Mayor Mondy asked Mr. Diaz how the comparison came out. Mr. Diaz replied that the user fees are all very different. Some cities have agreements for maintenance in lieu of fees and other charge various fees for the same services. He stated that part of the direction Council gave staff at the beginning of the year was to look at user fees in regards to residents and non-residents, adult players and children, and a fee based on a certain time period of the day. He explained that the Park Board reviewed and made recommendations based on these criteria and also based on a recovery of 50% of the cost to operate the fields. He explained that the Parks Board felt that the resident vs. non-resident fees should be reviewed at a later time when Founder's Park and other facilities have been upgraded. He then asked for direction from Council. Direction from Council was to: look at the possibility of team fees rather than individual player fees; review utility charges paid by the city in comparison to the fees for lighting and include in the fees, any possible increases; check team size when figuring the team fees and report back to Council in another work session. Minutes—September 12, 2006 Wylie City Council Page 8 ADJOURNMENT With no further business before Council, a motion was made by Councilman Newsom to adjourn the meeting at 7:40 p.m. Consensus of Council was to adjourn. i John y, Mayor ATTEST: _\ z;:"TEMS`��� .�. ,Carole Ehrlich City Secretary ���,, ` Minutes—September 12, 2006 Wylie City Council Page 9