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02-26-2013 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, February 26, 2013 - 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 Hogue called the meeting to order at 6:02 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, Councilman Bennie Jones (arrived at 6:38 p.m.) and Councilman Nathan Scott. Staff present were: Acting City Manager, Jeff Butters; Finance Director, Linda Bantz; Fire Chief, Randy Corbin; Planning Director, Renae' 011ie; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Spencer Lewis Hughes, of Heaven's Journey Fellowship Church gave the invocation and City Engineer Chris Hoisted led the Pledge of Allegiance. PRESENTATIONS • Proclamation honoring Black History Month (Mayor Hogue) Mayor Eric Hogue presented Pastor Spencer Lewis Hughes, of Heaven's Journey Fellowship Church, with a Proclamation declaring the month of February as Black History Month. Members of the Heaven's Journey Fellowship church were present for the proclamation and recognition of Councilman Jones. Minutes February 26, 2013 Wylie City Council Page 1 • Recognition honoring Bennie Jones for receiving the Living Legacy Award (Mayor .� Hogue) Pastor Hughes reported that Councilman Bennie Jones was honored with the Living Legacy Award on Saturday, February 23, 2013 for the impact he has had on the City of Wylie as a Wylie City Council Member and being the first African American to serve on the Wylie City Council now in his 2nd term. He commended Jones for his service to the church and the establishment of the Wylie Youth Council. 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. Former Mayor William Martin residing at 402 Hilltop Lane, Wylie addressed Council stating that he had attended the Wylie Chamber of Commerce luncheon and heard the State of the City presented by Mayor Eric Hogue. He thanked the Mayor for his informative presentation, stating that his speech would make everyone want to move to Wylie. 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 February 12, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for January 31, 2013. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for January 31,2013. (L. Bantz, Finance Director) D. Consider, and place on file, the WEDC Financial Report for January 31, 2013. (S. Satterwhite, WEDC Executive Director) E. Consider, and act upon, the approval of the purchase of an excavator in an estimated amount of $52,500.00 from Bobcat Company (Clark Equipment Co.); through a cooperative purchasing contract with BuyBoard (TASB), and to rescind an award approved by the City of Wylie Council on 11/13/2012 to Romco Equipment Company in the amount of $56,228 for similar equipment; and authorizing the City Manager to execute any necessary documents. (L. Bantz, Finance Director) F. Consider, and act upon, Ordinance No. 2013-08 of the City Council of the City of Wylie, Texas, Repealing Ordinance No. 2012-30, Adopting the 2012 Edition of the International Building Code for Commercial Buildings, save and except the Minutes February 26, 2013 Wylie City Council Page 2 deletions and amendments set forth herein; Amending Article III (Building Code) of Chapter 22 (Buildings and Building Regulations) of Part II of The Wylie Code of Ordinances; 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. (Todd White, Acting Building Official) G. Consider, and act upon, Ordinance No. 2013-09 of the City Council of the City of Wylie, Texas, Repealing Ordinance No. 2012-34, Adopting the 2012 Edition of the International Fuel Gas Code for Commercial Buildings, save and except the deletions and amendments set forth herein; Amending Article XXII (International Fuel Gas Code) of Chapter 22 (Buildings and Building Regulations) of Part II of The Wylie Code of Ordinances; 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. (Todd White, Acting Building Official) H. Consider, and act upon, Ordinance No. 2013-10 of the City Council of the City of Wylie, Texas, Repealing Ordinance No. 2012-35, Adopting the 2012 International Mechanical Code for Commercial Buildings, save and except the deletions and amendments set forth herein; Amending Article V (Mechanical Code) of Chapter 22 (Buildings and Building Regulations) of Part II of The Wylie Code of Ordinances; 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. (Todd White, Acting Building Official) Consider, and act upon, Ordinance No. 2013-11 of the City Council of the City of Wylie, Texas, Repealing Ordinance No. 2012-36, Adopting the 2012 Edition of the International Plumbing Code for Commercial Buildings, save and except the deletions and amendments set forth herein; Amending Article IV (Plumbing Code) of Chapter 22 (Buildings and Building Regulations) of Part II of The Wylie Code of Ordinances; 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. (Todd White, Acting Building Official) J. Consider, and act upon, Ordinance No. 2013-12 of the City Council of the City of Wylie, Texas, Repealing Ordinance No. 2012-38, Adopting the 2012 Edition of the International Residential Code for Residential Buildings, save and except the deletions and amendments set forth herein; Amending Article XIX (International Residential Code) of Chapter 22 (Buildings and Building Regulations) of Part II of The Wylie Code of Ordinances; 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. (Todd White, Acting Building Official) Minutes February 26, 2013 Wylie City Council Page 3 K. Consider, and act upon, Ordinance No. 2013-13 of the City Council of the City of ..� Wylie, Texas, Repealing Ordinance No. 2012-40, Adopting the 2011 Edition of the National Electric Code for Commercial and Residential Buildings, save and except the deletions and amendments set forth herein; Amending Article VII (Electric Code) of Chapter 22 (Buildings and Building Regulations) of Part II of The Wylie Code of Ordinances; 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. (Todd White, Acting Building Official) Council Action A motion was made by Councilman White, seconded by Councilman Scott to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Jones absent. REGULAR AGENDA 1. Consider, and act upon, a Contract with Waters Consulting Firm for a Comprehensive Compensation Study. (J. Butters, Asst. City Mgr.) Staff Comments Acting City Manager Butters addressed Council stating that the City of Wylie contracted with a consulting firm in 2005 for a compensation study. The result of the 2005 study was our current pay plan which was implemented in 2006. Shortly after the current pay plan was implemented the recession of 2008 began. With the fiscal restraints of the recession, the City of Wylie was unable to fund step raises or cost of living raises for several years. Since that time there have been compression issues. He explained the proposed study would determine those areas and needs for adjustments. Butters stated the firm was nationally recognized and he had worked with them in the past. The firm will report directly to the Council. Councilwoman Culver stated she had several questions for the consultant. Rollie Waters, President of The Waters Consulting Group, Inc. came forward. Councilwoman Culver asked Mr. Waters what cities would be used for comparison cities, noting that currently the Council had not approved new comparison cities based on fair comparisons. Mr. Waters explained that as rapidly as cities have been growing including the City of Wylie, the firm would need to take demographics to look at comparable cities in size. Waters explained, if you look at cities like companies, there are many departments under the city's umbrella. Waters explained that different jobs lend themselves to different city approaches, such as public safety. He gave the example of a public safety job. If you have a certified fire fighter or police officer, that officer can go anywhere and secure a beginning level job therefore these issues need to be taken into consideration. He explained the firm would sit down with Council and staff and look at the data base in making those comparison determinations. Waters would listen to what Council and staff wish to accomplish with the compensation plan; then make strong professional recommendations based on those criteria, letting employees understand the rationale behind the plan. Minutes February 26, 2013 Wylie City Council Page 4 Mayor Hogue asked if comparison cities could be anywhere in Texas, not just the metroplex. Mr. Waters replied yes they could and a data base was available to compare cities outside the metroplex equally taking into consideration cost of living, growth and other comparisons. Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman White to enter into a professional services agreement in the amount of$22,500 with The Waters Consulting Group, INC. for the completion of a comprehensive compensation study. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 2. Consider, and act upon, Resolution No. 2013-05(R) authorizing the City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation for the reconstruction of Country Club Road from S. Parker Road to N. Parker Road. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the reconstruction of Country Club from South Parker Rd. to North Parker Rd. has been selected to receive funding from the Regional Toll Revenue (RTR) State Highway 161 Subaccount. The Advance Funding Agreement specifies the terms and conditions of the funding as well as the project cost. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Culver to adopt Resolution No. 2013-06(R) authorizing the City Manager to execute an Advance Funding Agreement with the Texas Department of Transportation for the reconstruction of Country Club Road from S. Parker Road to N. Parker Road. A vote was taken and the motion passed 6-0 with Councilman Jones absent. 3. Consider, and act upon, Resolution No. 2013-06(R) authorizing the City Manager to execute an Engineering Services Agreement with Birkhoff, Hendricks, and Carter, L.L.P., in an amount not to exceed $69,500 to update the 2013 Roadway CIP, Impact Fee Report and Thoroughfare Plan. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that Council approved Ordinance 2007-34 which updated the Thoroughfare Impact Fees to be assessed by the City of Wylie. The Texas Local Government Code specifies that the Impact Fees must be updated at least every five years. Since the Impact Fees were last updated, the City has updated the Comprehensive Land Use Plan. The new land uses will be used to calculate the number of vehicle trips and average trip lengths which are necessary for the Impact Fee calculation. Hoisted explained the City of Wylie Thoroughfare Plan was last updated in 1999 and the plan should be updated to reflect the new land uses as well as existing and proposed thoroughfare alignments. The update will include coordinating with regional thoroughfare plans as well as plans from surrounding Minutes February 26, 2013 Wylie City Council Page 5 communities. The regional travel demand model will also be obtained from NCTCOG and updated as a part of this process. The fee for the 2013 Roadway CIP, Impact Fee update and Thoroughfare Plan update is $69,500. The fees will be paid from the Thoroughfare Impact Fees as allowed in Section 395.012 of the Local Government Code. Council Action A motion was made by Councilman White, seconded by Councilwoman Culver to adopt Resolution No. 2013-06(R) authorizing the City Manager to execute an Engineering Services Agreement with Birkhoff, Hendricks, and Carter, L.L.P. in an amount not to exceed $69,500 to update the 2013 Roadway CIP, Impact Fee Report and Thoroughfare Plan. A vote was taken and the motion passed 7-0. 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 2013", including the adoption of Ordinance No. 2013-14 authorizing the issuance of such bonds, establishing parameters for the sale and issuance of such bonds and delegating certain matters to an authorized Official of the City. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed Council stating that the City Council heard a presentation from the City's Financial Advisor with First Southwest Company, at its meeting on February 12, 2013. Their recommendation is that the City considers refunding the eligible 2005 General Obligation Bonds and 2005 Certificates of Obligation. The present value savings is estimated at approximately $555,000. He recommended the City use a parameters bond ordinance to allow First Southwest to avoid potential bad days in the market to conduct the bond sale. Information detailing the proposed parameters is reflected in the ordinance. David Medanich representing First Southwest Company addressed Council and presented a time table and recommendations for parameters for the sale of the bonds. He explained the interest savings would save approximately $50,000 per year and would not extend the bonds past the current maturity date. He explained the proposed ordinance had recommendations which include, not exceed 2.25% in interest, receive savings of at least 7%, not to exceed $8,000,000; the maturity date will not change and the parameters would extend out for 180 days. Medanich noted if this is something Council wishes to pursue, approval of the parameters ordinance could be approved tonight, and the pricing would take place sometime in April. Medanich explained that the delegating officers are the City Manager or the Finance Director. Councilman Goss asked for clarification as to whether it was the City Manager and Finance Director or the City Manager "or" the Finance Director. Mr. Medanich replied it was either or. Councilwoman Culver asked if the parameters could require both the City Manager "and" the Finance Director to approve. Medanich stated the ordinance could be approved either way. Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman Jones to adopt Ordinance No. 2013-14 authorizing the issuance and sale of City of Wylie, Texas, General Obligation Refunding Bonds, Series 2013; establishing parameters for the sale and issuance of Minutes February 26, 2013 Wylie City Council Page 6 such bonds and delegating certain matters to an authorized Official of the City to be modified to read the City Manager and the Finance Director. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, Ordinance No. 2013-15 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 Ordnances; Providing for a penalty for the violations 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. (J. Butters, Asst. City Mgr.) Staff Comments Acting City Manager Butters addressed Council stating that this fee Ordinance amendment adds ten cents (.10) per month to the Extreme Green (HHW) event fee and raises the fee from .30 per month to .40 per month. This increase was agreed upon when we contracted with CWD for the HHW service. At that time we agreed to .15 for the first year, .30 for the second year, and .40 from the third year forward. Council Action A motion was made by Councilman White, seconded by Councilman Scott to adopt Ordinance No. 2013-15 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; and providing for a penalty for the violation of this ordinance. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, a contract renewal with Community Waste Disposal (CWD) for the provision of solid waste services and authorize the City Manager to execute a solid waste contract renewal for a term of five (5) years, effective September 1,2013. (J. Butters, Asst. City Mgr.) Staff Comments Acting City Manager Butters addressed Council stating that the solid waste contract renewal will allow the City of Wylie to avoid any rate adjustment until September 2014. The other changes in this contract are as follows; 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. Franchise temporary roll-off. Staff brought this contract forward now instead of closer to the time it goes into effect to solidify the negotiated agreement with CWD. Council Action Minutes February 26, 2013 Wylie City Council Page 7 A motion was made by Councilman White, seconded by Councilman Goss to approve the renewal with Community Waste disposal (CWD) for the provision of solid waste services and authorize the City Manager to execute a solid waste contract renewal for a term of five (5) years, effective September 1, 2013. A vote was taken and the motion 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 No.'s 2013-08, 2013-09, 2013-10, 2013- 11, 2013-12, 2013-13, 2013-14, and 2013-15 into the official record. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilwoman Culver to adjourn the meeting at 7:03 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Ma o G1.��lr ATTEST: roe) 3t Car e Ehrlich City Secretary �� SP►tA f'ER j WAY �• 018876 STATBOFTES Minutes February 26, 2013 Wylie City Council Page 8