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12-11-2012 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, December 11, 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 Rick White, Councilman David Goss, and Councilman Bennie Jones. Councilman Nathan Scott was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Linda Bantz; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Information Officer, Craig Kelly; Public Services Director, Mike Sferra; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE David Keuss of the Woodbridge Bible Church gave the invocation and the Shift Commander Brent Parker led the Pledge of Allegiance. PRESENTATIONS • WISD "Shining the Wylie Way" Awards Presentations Mayor Hogue presented medallions to students recognized as "Shining the Wylie Way". The new WISD program emphasizes values in five categories: relationships, essentials of behavior, preparing for prosperity with college/career, caring-giving-service learning, and celebrating. Each six weeks one student from each campus is chosen for this honor. Minutes December 11, 2012 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. Bobby Heath representing the Wylie Downtown Merchants Association addressed council regarding the mutual support between the City and the WDMA and the election of new officers to the organization. Dennis Keck residing at 1902 Clearwater, Wylie addressed council asking the city perform background checks for public officials and city workers. 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 November 13, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Investment Report for October 31,2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for October 31, 2012. (L. Bantz, Finance Director) D. Consider, and act upon, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2012. (S. Satterwhite, WEDC Director) E. Consider, and act upon, approval of Resolution 2012-39(R) authorizing the City Manager of the City of Wylie, Texas to execute an Interlocal Agreement by and between Collin County and the City of Wylie for the Municipal Complex Trails project. (M. Sferra, Public Services) F. Consider, and act upon, Ordinance No. 2012-45 of the City of Wylie, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of $435,000.00 from the Park Acquisition and Improvement Fund for the Collin County Funding Assistance Program for the Municipal Complex Trails Project and deposit of $215,000.00 of revenues into the Park Acquisition and Improvement Fund to reflect reimbursements from Collin County; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. (M. Sferra, Public Services) G. Consider, and act upon, approval of Resolution 2012-40(R) authorizing the City Manager of the City of Wylie, Texas to execute an Interlocal Agreement by and Minutes December 11, 2012 Wylie City Council Page 2 between Collin County and the City of Wylie for the Pheasant Creek Park Improvements project. (M. Sferra, Public Services) H. Consider, and act upon, Ordinance No. 2012-46 of the City of Wylie, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of $97,000.00 from the Park Acquisition and Improvement Fund for the Collin County Funding Assistance Program for the Pheasant Creek Park Improvements Project and deposit of $47,000.00 of revenues into the Park Acquisition and Improvement Fund to reflect reimbursements from Collin County; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. (M. Sferra, Public Services) Consider, and act upon, Ordinance No. 2012-47 of the City of Wylie, amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of $48,000 from the Parks 4B Fund for professional services related to the Municipal Complex Trails Project; providing for a repealing, savings and severability clauses, and providing for an effective date of this Ordinance. (M. Sferra, Public Services) J. Consider, and act upon, Resolution No. 2012-41(R) authorizing the City Manager to execute an Interlocal Agreement with the North Central Texas Council of Governments for administration of the Solid Waste Implementation grant project. (R. Diaz, Superintendent) K. Consider, and act upon, Ordinance No. 2012-48 of the City of Wylie, Texas amending Ordinance No. 2012-27 (2012-2013 Budget) and approving an appropriation of funds in the amount of $45,800.00 from the 4B Parks Fund for Wylie Recycles! and approving a deposit of $45,800.00 from the North Texas Central Council of Governments Solid Waste Implementation Grant Project as revenues into 4B Parks Fund: Providing for a repealing, savings and severability clauses; and providing for an effective date of this Ordinance. (R. Diaz, Superintendent) L. Consider and act upon Resolution No. 2012-42(R) of The City Council of the City of Wylie, Texas, ratifying the salary and vehicle expenses for a dedicated PAWM radio system technician under the terms and conditions of an inter-local agreement by and between The City of Plano, The City of Allen, the City of Wylie and The City of Murphy and approving future expenditures. (R. Corbin, Fire Chief- Glenna Hayes, Purchasing) M. Consider and act upon approval of Resolution No. 2012-43(R) approving an Interlocal Agreement between the City of Wylie and Dallas County for Mutual Aid. (R. Corbin, Fire Chief) N. Consider and act upon Resolution No. 2012-44(R) determining a public necessity to acquire, by purchase, certain properties for the right-of-way and/or related Minutes December 11, 2012 Wylie City Council Page 3 easements for the construction and/or improvements to Woodbridge Parkway. (C. Hoisted, City Engineer) O. Consider and act upon the approval of the purchase of six (6) Tahoe vehicles for Police, two (2) pick-up trucks for Fire Rescue, and three (3) pick-up trucks for Public Services from Reliable Chevrolet in an estimated amount of $315,500, through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) Council Action A motion was made by Councilman White, seconded by Councilwoman Culver to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Scott absent. REGULAR AGENDA 1. Consider, an act upon, a Resolution No. 2012-45(R) of the City Council of the City of Wylie, Texas authorizing the application of Mariposa Woodbridge LP to the Texas Department of Housing and Community Affairs for Housing Tax Credits Home Funds and support for the development of multi-family residential housing . with a target population for adults 55 years of age and older. (M. Manson, City Manager) Staff Comments Planning Director 011ie addressed council stating that the proposed Senior Living Facilities would be located south of the Target development, east of McCreary Road. The Planned Development District zoning for this property (Ord. 2006-01) includes a retirement housing use which specifies that the head of the household must be 55 years of age or older, and also addresses density, setback and parking requirements. Bonner Carrington LLP is the developer of the proposed project. They have developed five other senior communities in Texas. 011ie stated the Council previously approved Resolutions 2010-09 and 2012-08 indicating the City's support of similar projects on the same site. The applicant is proposing to submit for this funding cycle which requires a Resolution from Council. Council Discussion Mayor Hogue asked Stuart Shaw, representative for Bonner Carrington Development if residents younger than 55 could live in the facility. Mr. Shaw replied that spouses of renters age 55 could live in the facility from age 50 but no children or adults under age 50 would be permitted. He noted that the average age of residents was 72 years of age. Mayor Hogue stated that he had some concerns regarding the possibility of management renting to residents under the age of 55, if occupancy was down. Mr. Shaw replied he was bound by the state to conform to regulations of 55 or older residents. He reminded council during the last discussion regarding support, he had committed to placing the 100% requirement as a deed restriction to go with the property not the owner. Councilwoman Culver asked Mr. Shaw if the developer would be receiving any type of tax abatements or Minutes December 11, 2012 Wylie City Council Page 4 financial backing other than state funding. Mr. Shaw replied no, adding that the company would be paying all taxes due the city. Councilman Jones asked it the age restrictions would be policed by the management. Mr. Shaw replied that they would however their best policing is done by the residents. Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman Jones to approve Resolution No. 2012-45(R) authorizing the application of Mariposa Woodbridge LP to the Texas Department of Housing and Community Affairs for Housing Tax Credits Home funds and support for the development of multi-family residential housing with a target population for adults 55 years of age and older. A vote was taken and the motion failed (3-3) for lack of a majority vote with Mayor Pro Tern Spillyards, Councilwoman Culver and Councilman White voting for and Mayor Hogue, Councilman Goss and Councilman Jones voting against and Councilman Scott absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article Ill, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2012-45, 2012-46, 2012-47and 2012-48 into the official record. WORKSESSION • Discussion regarding the parameters for a new solid waste contract. Assistant City Manager Butters addressed council stating that staff has met with the city's Solid Waste provider, CWD, to discuss a five year contract extension which would begin in September of 2013. During those discussions some options were presented for council review and direction. They included: Staff issues; A. Avoid a rate adjustment from the beginning of the contract until Oct. 1 2014 (excluding a .15 adjustment for Extreme Green that will take place in Mach 2013) B. Reduce Commercial Polycart rates to (or close to) residential rates. C. Avoid a rate adjustment for two years until October 1, 2015 CWD issues; 1. Allow CWD to surcharge for illegal heavy loads on commercial compactors. The surcharge would eliminate any financial incentive to intentionally overload compactors so that CWD is forced to carry illegally heavy loads. 2. Consider changing residential recycle back to every other week. Currently recycle polycarts average approximately 45 pounds per household per week. The recycle cart will hold 120 pounds. 3. Franchise temporary roll-off. Currently this is not franchised. This was intentionally left out of our current contract so that residents and contractors could have options. CWD noted that if all three options (1-3) were chosen, any rate increases would be postponed Minutes December 11, 2012 Wylie City Council Page 5 until October of 2015; if only two options were chosen rate increases would be postponed until October 2014. Direction from council was to bring back for future consideration a contract with options 1 and 3 included. • Presentation by John Crew, Public Werks, Inc. and discussion regarding a Letter of Support for a proposed Toll Road Project between Greenville Texas and the President George Bush Turnpike. (M. Manson, City Manager) Steve McCullough, representing John Crew, Public Werks, Inc. addressed council stating that the Texas Turnpike Corporation (TTC) is a private toll road corporation that has legislative authority to build and operate toll roads in the State of Texas. Per the TTC representatives, the project is intended to alleviate traffic congestion in this area, specifically that of 1-30 in Dallas and Rockwall counties. The proposed Phase 1 of the project would be built between Lavon and Greenville through a ground lease from the Northeast Texas Rural Rail Transportation District (NETEX). NETEX owns 88 miles of abandoned railroad right-of-way between Wylie and Mount Pleasant, which is commonly known as the Cotton Belt. As proposed, the project would ultimately connect with the President George Bush Turnpike. Mr. McCullough reported Phase one of the project for 20 miles beginning in Simtrott, west of Greenville and going through Josephine and Nevada to terminate in Lavon along Hwy. 78 could start as early as 2013 however starting time for Phase two of the project was unknown and could be a far out as 2027. Councilmembers voiced concerns with the project with regard to traffic congestion with phase one ending at Hwy. 78 and coming directly into Wylie and the timeframe to complete Phase two. Councilmembers requested further information on the project prior to taking any action with regard to support for the project. City Manager Mindy Manson stated she would meet with NTCOG representatives to obtain projections and look into the project further. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilman Goss to adjourn the meeting at 8:07 p.m. A vote was taken and the motion passed 6-0 with Councilman Scott absent. r /A � � 0 ►�T�;, , Ma or ATTEST: La 4 OCI ( 010, Carole Ehrlich Cit Secretary A`r �" t Minutes De•- ,T ?u,,$ Wylie Ci A, . 887o Page .-,8t4 OF