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04-24-2007 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, April 24, 2007 — 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 Red Byboth, Councilman Eric Hogue, Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Library Director, Rachel Orozco; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Byboth gave the Invocation and Councilman Newsom led the Pledge of Allegiance. PRESENTATION • Recognition of 5th Six Weeks Star Students—Character Trait"Fairness" Mayor Mondy and Councilman Hogue presented Certificates to WISD students showing the Character Trait of"Fairness". • Proclamation for"Wylie ISD Health Fair Day" Mayor Mondy presented a proclamation designating May 5, 2007 as "Wylie ISD Health Fair Day" to WISD representatives Beth Stone and Angela Arp. Minutes—April 24, 2007 Wylie City Council Page 1 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. Mr. Steven M. Altario residing at 416 S. First Street, Wylie, Texas addressed Council stating that he had a concern regarding the construction work for Stone Road; the City was performing near his residential area and the access to his driveway at the alley at South First Street. He explained that his alley was being taken away. He stated that he had been in contact with City Engineer Hoisted but had been told by Mr. Hoisted that this was not an alley. He asked Council what was being done to get the alley back operational. Mayor Mondy asked City Engineer Hoisted to update Council on this issue. City Engineer Hoisted replied that this was a temporary situation and would be resolved in the next couple of days. Mayor Mondy asked Mr. Hoisted to visit with the resident and explain the situation. 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 Minutes from the April 4, 2007 Joint Meeting between the Wylie City Council and Wylie Economic Development Corporation and the April 10,2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat for right-of-way dedication for Kirby-Stone Connector and five out-parcels on 3.0 acres, generally located east of Birmingham Street extending east to S. Ballard Avenue. (R. 011ie, Planning Director) C. Consider, and act upon, approval of a Final Plat creating one (1) lot on 4.863 acres for a commercial development. The property is generally located north of SH 78 and approximately 1,150 feet east of Skyview Court. (R. 011ie, Planning Director) D. Consider and place on file, the monthly Revenue and Expense Report for the City of Wylie for the month ending March 31, 2007 and the Quarterly City of Wylie Grant Report. (L. Williamson, Finance Director) E. Consider and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of March 31, 2007. (S. Satterwhite, WEDC Executive Director) Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 7-0. Minutes—April 24, 2007 Wylie City Council Page 2 REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2007-11 amending Ordinance No. 2006-56 (2006-2007 Budget) for proposed mid-year budget amendments for fiscal year 2006- 2007. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted budget. The detail is attached for the requested items which are categorized within the individual funds of General Fund, Emergency Communications, Fire Training Center, Park Acquisition and Improvement Fund, and Utility Fund. The requests are further defined as neutral (matching revenues to expenditures), revenue increases, or expenditure increases. New expenditures in the General Fund amount to $136,000. Some of the items proposed include: $150,000 in order to reconcile revenue and expenditures on trash service with Allied Waste. Each year Allied Waste receives a count of trash customers from the City based on reports run on the Incode system of sewer customers. No issues had been identified until Allied began delivering the recycle carts. They had ordered the carts based on the information provided, but were short close to 750 carts. After a review, it was determined that 3 mobile home parks were not being picked up in the total customer count because the parks were entered into Incode as a single account. As a consequence, the City had been collecting revenue, but Allied had not billed us for these customers. The revenue owed Allied Waste is $150,000 which we propose to pay in two equal payments of the course of this and the next budget year. An $85,000. increase in overtime in the Fire Department. During budget discussions at the staff level last year, the original intent was to add 3 firefighters to cover Station 3 at mid-year. Chief Corbin has proposed an alternative of adding to the overtime budget to allow existing employees to staff the Station. The amounts budgeted for electric utilities, heavy equipment maintenance in the Fire Department, and the Wylie Wave energy costs were under funded necessitating adjustments at mid-year. City Manager Mason explained that adding staff at mid-year was not her preference however 3 personnel requests are also included for safety issues. Two new Dispatcher positions are requested in order to have 2 Dispatchers on duty 24 hours a day, which will also enable the Supervisor to function in that capacity. The level of activity has increased such that it is outpacing the ability of a single Dispatcher to cover the call load. The third staffing request is to create an Assistant Police Chief position, with the intent to bring in someone who can be developed and prepared to eventually assume the Chief's position. Included within the Utility Fund is a proposal to hire a consultant to prepare a Storm Water Management Plan. Staff believes that a mandate is eminent from TCEQ to require cities over 10,000 in population to develop a plan. Council Discussion Trash Expenditures Mayor Mondy asked Finance Director Williamson how the City went for three years without reimbursing Allied for $50,000 per year in revenues. Mr. Williamson explained that frankly the accounts had never been completely reconciled. He explained that when Incode Software was implemented three years ago, the mobile home parks were input as one single customer. When the recycle bins were distributed this past fall, Allied came short for those mobile parks and had to order additional bins therefore acknowledging the discrepancy. He explained that the City runs an Incode report which identified the mobile home parks having one single address each but this report was never reconciled until the discrepancy arose. He reiterated to Council that the City had collected trash and water for all residents however it was not indicated on the reports to Allied. Minutes—April 24, 2007 Wylie City Council Page 3 Proposed Skate Park Mayor Mondy asked Public Services Director Sferra why the proposed skateboard park was presented at mid-year. Mayor Mondy asked Mr. Sferra if this project was at the top of the list on the citizen survey for recreation amenities. Mr. Sferra replied that it was not and explained that the skate park ranked somewhere around mid range He reported that hike and bike trails, recreation center, teen center open space with land acquisition, and aquatic center were all nearer the top of the list. Mayor Mondy asked Mr. Sferra if lighting was included in the proposal. Mr. Sferra replied lighting was not included. Mayor Mondy asked Mr. Sferra why he and staff recommended the project at mid-year. Mr. Sferra reported that a retreat had been held between staff and the Parks Board recently and the conversation at that retreat dealt with the fact there were no activities for teens and a skate park would be a good outlet for the teen groups. The board strongly requested that staff bring this proposal before Council for mid-year consideration. Councilman Hogue stated that he felt with the addition of a skate park there would be less chance of the teens using the downtown area to ride. Mayor Mondy asked Mr. Sferra if this was being proposed as a safety issue. Mr. Sferra stated that he believed the intent was to give teens a place to go to enjoy their sport outside of areas restricting this sport by the current ordinance. Mayor Mondy asked City Manager Manson if this was a smart way to spend $85,000. Ms. Manson replied that the Park Master Plan completed in 2002 did show a skate park in the plan. She explained that it was listed as a priority portion of the Master Plan. She reported that in her opinion mid-year was not the ideal time to bring forth the project; rather waiting until budget time and bringing it forth with other projects in the priority of each project, however this was a strong recommendation from the Parks Board and she felt the Council needed to make that determination. She reported that Parks Board member Donna Larsen had taken time to research and compile prices for this project and she and many other Parks Board members felt strongly about the park. Donna Larsen and Ann Hiney, Parks Board members addressed Council stating that they believed the skate park would be an asset to the community and take care of a group of teens that needed a place to ride skate boards and have a safe environment to do that. Mayor Mondy stated that his feeling on the budget process was that each year at budget time, public hearings are posted and citizens are asked to give their input on all expenditures of the proposed budget."We tell the public what we are going to spend and the Council sets the tax rate; which is a very important function of the Council. Unless the City has a safety or emergency issue, the City should not be having budget amendments." Councilman Byboth stated that he believed this was a safety issue as it was very unsafe to ride the skate boards across streets and around pedestrians. He stated that this project gave teens a place to ride safely. City Manager Manson reported that there were funds available in the Parks A & I Fund for the proposed region to complete the skate park. She explained that this money is derived from Parks Dedication Fees which are paid in each region. Councilman Newsom asked how much money was in the fund for this region. Mr. Sferra replied there was currently $90,000. in the fund, with another$20,000. anticipated from new development in the 6-10 months. Councilman Newsom stated that he believed the skate park was needed. Councilman Young asked Mr. Sferra when the proposed skate park would be completed if approved tonight. Mr. Sferra stated in the summer to fall of 2007. Councilman Young replied that he believed it could be considered in the next budget and then built by the spring of 2008. Mayor Pro Tern Porter stated that he believed the skate park should be built to prevent teens from being injured riding in unsafe areas. Storm Water Management Plan/Study(TCEQ) Councilman Newsom asked Mr. Sferra what happened at the regional meeting with TCEQ regarding storm water regulations. Mr. Sferra reported that Texas Commission on Environmental Quality (TCEQ) met on March 27, 2007 but made no decision regarding storm water regulations. He explained that one commissioner was not updated on some of the issues and that the consideration of the regulations was postponed until May or June of this year. He explained that the proposed study would cost approximately $25,000 to complete and therefore was included with the mid-year budget amendments. Councilman Newsom asked if this item was needed for mid-year amendments. He explained that he remembered sitting through several work sessions on this issue going back three years ago and in each work session this issue was eminent. Councilman Newsom stated that he did not believe this item should be budgeted for unless the Council sees it happen. City Manager Manson reported that once action is taken by TCEQ, cities must implement the action within 180 days of the commission's authorization. Councilman Hogue asked Mr. Sferra if the expenditure is approved in the mid-year budget, upon approval by TCEQ could it then be implemented by the City. Mr. Sferra stated that was correct. City Manager Manson stated that if Council wished to approve the proposed mid-year expenditure, staff could wait until the issue is Minutes—April 24, 2007 Wylie City Council Page 4 mandated by the state to expend the funds. Mayor Mondy asked City Manager Manson how long it would take to bring the item back to Council if the line item was not approved tonight. City Manager Manson stated it would be a matter of placing it back on the agenda within the 180 day timeline. Councilman Hogue asked if the expenditure could be approved tonight and the funds held until the study was required by the state. City Manager Manson stated if it was the consensus of the Council to wait until the state mandated the requirements, then staff would follow that direction. Councilman Newsom stated that he had no problem with the budgeting of funds in the proposed mid-year budget for the study, as long as the money was not spent until the rules and requirements by TCEQ were approved and passed. Mayor Mondy asked City Manager Manson to provide a work session in the near future to address how the mid-year budget process would be handled in the future to give direction to staff. Council Action A motion was made by Councilman Hogue, seconded by Mayor Mondy to approve Ordinance No. 2007-11 amending Ordinance No. 2006-56 (2006/2007 Budget) for proposed mid-year amendments for fiscal year 2006/2007. A vote was taken and passed 7-0. 2. Consider, and act upon, Ordinance No. 2007-12 establishing fees for the purpose of enabling the City to construct new fire stations; establishing fees for the purpose of purchasing new fire fighting equipment; establishing procedures to allocate fees collected; establishing procedures for appeals; providing for a penalty for the violation of this Ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (S. Seddig, Fire Marshall) Staff Comments Fire Marshal Seddig addressed Council stating that the City of Wylie, Fire Rescue Department, has previously provided fire protection at minimum standards for a given population. The ability to maintain service levels is negatively affected by rapid growth and development. By passing this ordinance for fire development fees, fire protection service levels and a portion of the associated capital cost can then be supplemented by continued economic development, and the costs for future maintenance of the level of service and improvements to fire protection will be shared by all those who benefit. Mr. Seddig reported some of the reasoning behind the proposed ordinance. • Tax rate increases based on increasing development needed capital to maintain fire protection service levels could be reduced by this Fire Development Fee. • Growth of a municipality in the long run will produce revenue. However, during growth only estimates on revenue can be assessed. During this gap, citizens that previously received adequate fire protection service levels are negatively affected. • This Fire Development Fee will benefit the City of Wylie by providing a portion of the capital expenditure money to maintain fire protection service levels caused by increases in growth and population. • The City of Wylie's economic growth places continued responsibility on the municipality to maintain fire protection service levels.Without continued fire protection capital to maintain service levels the citizens already living in Wylie are negatively affected by growth and the municipality's ability to maintain fire protection service levels. Council Discussion Councilman Young asked who would pay the fire fees implemented in this ordinance. Fire Marshall Seddig replied that the fees would be paid at the time of permitting. Mayor Mondy asked City Secretary Minutes—April 24, 2007 Wylie City Council Page 5 Ehrlich if this ordinance was passed tonight, would it take effect tomorrow. City Secretary Ehrlich explained, if the proposed ordinance was approved, the Home Rule Charter and State Law required the caption be read after approval and published in the official newspaper one time. This publication would appear in the May 2, 2007 edition of the Wylie News and would then go into effect. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Ordinance No. 2007-12 establishing fees for the purpose of enabling the City to construct new fire stations; establishing fees for the purpose of purchasing new fire fighting equipment; establishing procedures to allocate fees collected; establishing procedures for appeals; providing for a penalty for the violation of this Ordinance; providing for 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 passed 7-0. 3. Consider, and act upon, reimbursement, in the amount of $1,779,761.60, to Braddock Place Estates, Ltd. for the construction of the Twin Lakes Outfall Sewer Line. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on February 14, 2006 Council approved a development agreement with Braddock Place Estates, Ltd. The agreement specifies that the City shall reimburse the developer for the cost of the offsite sewer line. The project is identified in the Capital Program, Sewer Impact Fees, and the Water and Sewer Rate Study. The sewer line is necessary to connect the Braddock Place development to the Muddy Creek Regional Wastewater Treatment Plant (MCRWWTP). In the future, the line will be extended further north to eliminate the Twin Lakes Lift Station and transfer the sewer flow from the eastern portion of the City to the MCRWWTP. Council Action A motion was made by Councilman Young seconded by Councilman White to approve reimbursement, in the amount of $ 1,779,761.60 to Braddock Place Estates, Ltd. For the construction of the Twin Lakes Outfall Sewer Line. A vote was taken and passed 7-0. 4. Consider, and act upon, the acceptance of the resignation of Jamie Gregg and the appointment of a new member to the Planning and Zoning Commission for the unexpired term of April 2007 to July 2007. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that pursuant to Article VIII, Section 2A of the City Charter authorizing the City Council to establish a Planning and Zoning Commission. Ordinance 84-11, establishing the Planning and Zoning Commission, stipulates that the Planning and Zoning Commission shall: 1) Consist of seven (7) citizens of the City of Wylie; 2) Shall be qualified voters who shall serve for a term of two (2)years; 3) Members of the planning and zoning commission shall be residents of the City of Wylie for at least 12 months preceding the date of appointment; 4) Be knowledgeable in the affairs of the city and be knowledgeable in the functions and activities provided for in Article IX of the City Code of Ordinances; 5) Make and recommend to the city council a master plan to be used as a guide in considering ordinances for the orderly development of the city; 6) The commission shall, not less than every five years, review and recommend to the city council amendments to the master plan of the city; 7) Minutes—April 24, 2007 Wylie City Council Page 6 Recommend to the city council proposed ordinances and amendments to ordinances regarding planning, zoning and environmental quality and review ordinances and amendments proposed by the city council relative to the city council's planning and zoning function; and 8) Receive and review all platting and subdivision proposals and make recommendations to the city council for appropriate action. Ms. 011ie reported that Commissioner Gregg had been a very effective commissioner and will be missed. She explained that due to two current commissioners running for council it would be most effective to appoint someone to serve in Commissioner Gregg's vacated position. Mayor Mondy asked Planning Director 011ie if the commissioners could conduct business with 5 members. Planning Director 011ie replied that she believed the five members would be fine until the interview and appointments process the end of June if Council desired. She stated that she did not believe they would have any business to present for the first meeting in May and the second meeting was light. Council Action A motion was made by Councilman Newsom seconded by Councilman White to accept the resignation of Jamie Gregg and to postpone the appointment of a new member to the Planning and Zoning Commission for the unexpired term of April 2007 to July 2007 until June 26 2007, with the 2007 Boards and Commission appointments. 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 the captions to Ordinance Nos. 2007-11 and 2007-12 into the official record. Mayor Mondy recessed the meeting at 7:25 p.m. Mayor Mondy reconvened into Work Session at 7:35 p.m. with the following members present: Mayor Pro Tem Porter, Councilman Hogue, Councilman White, Councilman Byboth, and Councilman Young. Councilman Newsom was absent. WORK SESSION • Budget work session for long range financial planning. (L. Williamson, Finance Director) Finance Director Williamson gave a short presentation regarding the timing of the new Library, City Hall and Recreation Center. He displayed an analysis showing the cost differential between building the Library in 2008 vs. 2009 using the original long range model for the City. He explained that there was some cost savings in waiting until 2009 and building all three buildings together. He then presented a comparison tax rate for both building in 2008 and building in 2009 with some additional commercial sales tax included. These comparisons displayed the tax rates for a ten year period. He explained that this was with the 0 & M tax rate constant at $0.5620 for the entire ten year period. He completed the presentation with a spread sheet showing an increase in the 0 & M going from 1% per year up to 5% per year and the corresponding tax rates generated by the increases. Minutes—April 24, 2007 Wylie City Council Page 7 City Manager Manson asked Council to give staff some direction as to the starting date for the facilities and the timing of the construction of the buildings to further direct the Architects. Direction from Council was to begin the construction as early in 2008 as possible for both Phases I and II of all three buildings. ADJOURNMENT With no further business before Council, as motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to adjourn the meeting at 8:14 p.m. Consensus of Council was to adjourn. John Mo , Mayor ATTEST: yO F ��•• �• ,,......., •,cam • S E • • SA • . • • Carole Ehrlic City Secretary �E'i EXP��.�. Minutes—April 24, 2007 Wylie City Council Page 8