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03-12-2013 (City Council) Agenda Packet Wylie City Council CITY:FWYLIE NOTICE OF MEETING Regular Meeting Agenda March 12, 2013 — 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Kathy Spillyards Mayor ProTem David Goss Place 1 Nathan Scott Place 2 Bennie Jones Place 4 Rick White Place 5 Diane Culver Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Proclamation of March 3-9, 2013 as Severe Weather Awareness Week • Eagle Scout Recognition— Stephan Farnsworth • Recognition of Tommy Pulliam, Jeff Willoughby and Mike Meeks for donations to the Wylie Senior Center • Employee Anniversaries • Wylie Acting Group (WAG) Presents Excalibur March 12,2013 Wylie City Council Regular Meeting Agenda Page 2 of 3 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. 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 26, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon,Resolution No. 2013-07(R) authorizing the appointment of Don High as Municipal Court Prosecutor for the City of Wylie effective April 1, 2013 setting terms and stipend of service. (L. Bantz, Finance Director) C. Consider, and act upon the approval of the purchase of a Pipeline Video Inspection System in the amount of $53,250.00 from Cobra Technologies; through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC contract # SC01-12; City of Wylie contract # W2013-42-I), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) D. Consider, and act upon, Ordinance No. 2013-16 declaring the unopposed candidates in the May 11, 2013 City of Wylie General Election, elected to office; cancelling the election; providing a severability clause and providing an effective date. (C. Ehrlich, City Secretary) REGULAR AGENDA 1. Consider, and act upon, Resolution No. 2013-08(R) authorizing the appointment of Terry Douglas as Associate Municipal Court Judge for the City of Wylie effective April 1, 2013 setting terms and stipend of service. (L. Bantz, Finance Director) Executive Summary The current two year term of the City of Wylie Associate Municipal Court Judge expires March 31,2013 and is renewable for subsequent two(2)year terms. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. ADJOURNMENT In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. March 12,2013 Wylie City Council Regular Meeting Agenda Page 3 of 3 CERTIFICATION I certify that this Notice of Meeting was posted on this 8th day of March, 2013 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed 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 Tem 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. Holsted 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 Tem 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, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes February 26, 2013 Wylie City Council Page 8 Wylie City Council `'` . . AGENDA REPORT 8•rss7.. Meeting Date: March 12, 2013 Item Number: B. Department: Municipal Court (City Secretary's Use Only) Prepared By: Lisa Davis Account Code: Date Prepared: January 31, 2013 Budgeted Amount: Exhibits: Subject Consider, and act upon, Resolution No. 2013-07(R) authorizing the appointment of Don High as Municipal Court Prosecutor for the City of Wylie effective April 1, 2013 setting terms and stipend of service. Recommendation Motion to approve Resolution No. 2013-07(R) authorizing the appointment of Don High as Municipal Court Prosecutor for the City of Wylie effective April 1, 2013 setting terms and stipend of service. Discussion The current two year term of the City of Wylie Associate Municipal Court Prosecutor expires March 31, 2013 and is renewable for subsequent two (2)year terms. The appointment of the Municipal Court Prosecutor is for a two year term effective April 1, 2013 through March 31, 2015 and may be renewed for another two (2) year term. Compensation for services provided by the Municipal Prosecutor is at an hourly rate of$125.00,with time billable in units of one-tenth hour each. Prosecutor High is currently serving as the City of Wylie Municipal Prosecutor. It is recommended that Prosecutor High continue to provide service to the City as the City of Wylie Municipal Prosecutor. Page 1 of 1 RESOLUTION NO. 2013-07(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE APPOINTMENT OF DON HIGH AS MUNICIPAL PROSECUTOR FOR THE CITY OF WYLIE. WHEREAS, the City of Wylie has determined that a Municipal Prosecutor is necessary to perform the judicial functions of the Municipal Court of the City of Wylie; and WHEREAS, the City desires to appoint Don High as the Municipal Prosecutor for the City of Wylie; and WHEREAS, the effective term of service for the Municipal Prosecutor shall be April 1, 2013-March 31, 2015 with a subsequent two year term; and WHEREAS, reimbursable services of the Municipal Prosecutor by the City of Wylie shall constitute all time spent on any matters assigned including conference, telephone calls, investigation, drafting of documents, correspondence, negotiations, legal research and travel to conduct City of Wylie municipal court business; and WHEREAS, time is to be billed in units of one-tenth hour each and the hourly stipend of $125.00 will be provided by the City of Wylie for such services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: SECTION 1: That the City Council authorizes the appointment of Don High as City of Wylie Municipal Court Prosecutor for a two year term effective April 1, 2013-March 31, 2015 with an hourly stipend of$125.00 for services as the City of Wylie Municipal Prosecutor with subsequent two year terms provided. DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 12th day of March, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2013-07(R)-Appointment of Don High as Municipal Prosecutor 1 of 1 '` - • `" Wylie City Council - k AGENDA REPORT �ssy,3. Were or tst0 Meeting Date: 3/12/2013 Item Number: C. Department: Mike Sferra Public Services (City Secretary's Use Only) Prepared By: Glenna Hayes Purchasing Account Code: 611-5714-58850 Date Prepared: 3/1/2013 Budgeted Amount: $50,000 Exhibits: Subject Consider and act upon the approval of the purchase of a Pipeline Video Inspection System in the amount of $53,250.00 from Cobra Technologies; through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC contract # SCO1-12; City of Wylie contract # W2013-42-I), and authorizing the City Manager to execute any necessary documents. Recommendation Consider and act upon the approval of the purchase of a Pipeline Video Inspection System in the amount of $53,250.00 from Cobra Technologies; through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC contract # SC01-12; City of Wylie contract # W2013-42-I), and authorizing the City Manager to execute any necessary documents. Discussion The Wastewater Division is requesting approval of the purchase of a new sewer inspection camera made up of the camera, industrial monitor, video logger, software and 1 year of support. The equipment is used by staff on a daily basis to locate failures and to inspect the conditions of the sanitary sewer lines. The equipment allows the crew to pinpoint where sewer line failure has occurred; resulting in more timely repairs and reduced disruption of service to the customers. The existing camera has been in service for eight years, and has deteriorated to the point of this budgeted replacement. Ongoing expenses for this equipment are estimated at $2400 per year for support and software updates. The original amount budgeted for this purchase was $50,000 in the Sewer fund 611-5714-58850. The additional $3,250.00 for this purchase will be funded from the same account, with cost savings from the purchase of the Jet Truck ($140,000 budgeted - $132,354.74 cost= $7,645.26 balance). The cost increase in this item is due to market price increase. Page 1 of 1 Wylie City Council - AGENDA REPORT 8•rasp Meeting Date: March 12, 2013 Item Number: D. Department: City Secretary (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: 3-5-2013 Budgeted Amount: Ordinance, Certification of Exhibits: Unopposed Candidates Subject Consider, and act upon, Ordinance No. 2013-16 declaring the unopposed candidates in the May 11, 2013 City of Wylie General Election, elected to office; cancelling the election; providing a severability clause and providing an effective date. Recommendation Motion to approve Ordinance No. 2013-16 declaring the unopposed candidates in the May 11, 2013 City of Wylie General Election, elected to office; cancelling the election; providing a severability clause and providing an effective date. Discussion On January 22, 2013 the Wylie City Council ordered a general election to be held on May 11, 2013 for the purpose of electing two (2) Wylie City Council members, Place 1 and Place 3. The filing period for those wishing to be placed on the ballot began January 30, 2013 and ended Friday, March 1, 2013 at 5:00 p.m. The City Secretary is responsible for receiving applications for a place on the ballot and on March 5, 2013 declared and certified that there were no opposing candidates for Wylie City Council, Place 1 or Place 3. Under these circumstances and pursuant to Subchapter C, Chapter 2, Election Code, the Wylie City Council can declare the candidates elected to office and cancel the election. Candidates who are unopposed in the May 11, 2013 Wylie General Election are: Keith Stephens, City Council Place 1 Todd Wintters, City Council Place 3 A copy of the ordinance declaring the election cancelled will be posted at each election polling place during early voting and on election day and on the City website and posting board. Total cost for the May 11, 2013 cancelled election will be $75.00, reflected in the contract between Rockwall County Elections Administration and the City. New Council members will take office during the regular City Council meeting of May 14, 2013 which is during the canvassing period in accordance with the election code. Page 1 of 1 ORDINANCE NO. 2013-16 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE UNOPPOSED CANDIDATES IN THE MAY 11, 2013 GENERAL CITY ELECTION, ELECTED TO OFFICE; CANCELLING THE ELECTION; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the general City of Wylie, Texas ("City") election was called for May 11, 2013, for the purpose of electing members to the City Council of the City of Wylie, Texas ("City Council"); and WHEREAS, the City Secretary has certified in writing that no person has made a declaration of write-in candidacy, and that each candidate on the ballot is unopposed for election to office; and WHEREAS, under these circumstances, Subchapter C, Chapter 2, Election Code, authorizes the City Council to declare the candidates elected to office and cancel the election. NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas: Section 1. The following candidates, who are unopposed in the May 11, 2013 general City election, are declared elected to office, and shall be issued certificates of election following the time the election would have been canvassed: Keith Stephens, Council Member, Place 1 Todd Wintters, Council Member, Place 3 Section 2. The May 11, 2013 general City election is cancelled, and the City Secretary is directed to cause a copy of this ordinance to be posted on Election Day at each polling place that would have been used in the election. Section 3. It is declared to be the intent of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance is declared invalid by the jurisdiction, the invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or section of this ordinance since the City Council would have enacted them without the invalid portion. Section 4. This Ordinance shall be effective from the date of its adoption. Ordinance No.2013-16 Cancelling the May 11,2013 General Election Page 1 of 2 PASSED AND APPROVED on this the 12th day of March 2013. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Ordinance No.2013-16 Cancelling the May 11,2013 General Election Page 2 of 2 ORDENANZA NO. 2013-16 UNA ORDENANZA DEL CONCILIO DE LA CIUDAD DE WYLIE, TEXAS DECLARANDO LOS CANDIDATOS SIN OPOSICION EN LA ELECCION GENERAL DEL 11 DE MAYO, 2013, ELECTO AL PUESTO; ANULANDO LA ELECCION; PROPORCIONANDO UNA CLAUSULA DE DIVISIBILIDAD; Y PROPORCIONANDO UNA FECHA DE VIGENCIA. CONSIDERANDO, la eleccion general the La Ciudad de Wylie, Texas ("Ciudad") fue llamada para el 11 de mayo, 2013, con el proposito de elegir miembros para el Concilio de la Ciudad de Wylie, Texas ("Concilio de la Ciudad"); y CONSIDERANDO, la Secretaria de la Ciudad ha certificado por escrito que ninguna persona ha hecho una declaration de candidatura por escrito, y que cada candidato en la lista de candidatos no tiene oposicion para eleccion al puesto; y CONSIDERANDO, bajo las circunstancias, Subcapitulo C, Capitulo 2, Codigo de Eleccion, autoriza al Concilio de la Ciudad para declarer a los candidatos elegidos al puesto y cancelar la eleccion. AHORA,PUES, SEA ORDENADO por el Concilio de la Ciudad de Wylie, Texas: Seccion 1: Los siguientes candidatos, cuales son sin oposicion el la eleccion general de la Ciudad el 11 de mayo, 2013, son declarados elegidos al puesto, y se les expediran certificados de eleccion despues de la hora en cual la eleccion hubiera sido escrutada: Keith Stephens, Miembro del Concilio, Lugar 1 Todd Wintters, Miembro del Concilio, Lugar 3 Seccion 2. La eleccion general de la Ciudad el 11 de mayo, 2013 es cancelada, y se le dirije a la Secretaria de la Ciudad que cause que una copia de esta ordenanza sea puesta el dia de la eleccion en cada centro electoral que hubiera sido usado en esta eleccion. Seccion 3. Es declarada la intencion del Concilio de la Ciudad que las frases, clausulas, parrafos, y secciones de esta ordenanza son divisibles, y si cualquier frase, clausula, parrafo, o seccion de esta ordenanza es declarada invalida por la jurisdiccion, la invalidez no debe afectar cualquiera de las frases, clausulas, parrafos, o secciones restantes de esta ordenanza siendo que el Concilio de la Ciudad to hubieran promulgado sin la porcion invalida. Seccion 4. Esta ordenanza sera efectiva del dia de su adopcion. PASADO Y APPROVADO en este 12 de marzo, 2013. Eric Hogue, Alcalde ATESTIGUA: Carole Ehrlich, Secretaria de la Ciudad CITY OF WYLIE CERTIFICATION OF UNOPPOSED CANDIDATES CERTIFICACION DE CANDIDATOS UNICOS As the authority responsible for having the official ballot prepared, I, Carole Ehrlich, hereby certify that the following candidates are unopposed for election to office for the election scheduled to be held on May 11, 2013. Como autoridad a cargo de la perparacion de la boleta de votacion official, por la presente certifco que los siguientes candidates son condidatos iinicos para eleccion para un cargo en la eleccion que se llevara a cabo el 11 de Mayo de 2013. List offices and names of candidates. Lista de cargos y nombres de los candidates: Office(s) Cargo(s! Candidate(s) Candiato(s) Council Member Miembro de concilio Keith Stephens Place 1 Council Member Miembro de concilio Todd Wintters Place 3 Signed this the 5th day of March 2013. Este el dia 5 de marzo 2013 Carole Ehrli , City Secretary Secretario de la Ciudad 623535.1 r .,,1 Wylie City Council - AGENDA REPORT 8•rasp Meeting Date: March 12, 2013 Item Number: 1. Department: Municipal Court (City Secretary's Use Only) Prepared By: Lisa Davis Account Code: Date Prepared: January 31, 2013 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Resolution No. 2013-08(R) authorizing the appointment of Terry Douglas as Associate Municipal Court Judge for the City of Wylie effective April 1, 2013 setting terms and stipend of service. Recommendation Motion to approve Resolution No. 2013-08(R) authorizing the appointment of Terry Douglas as Associate Municipal Court Judge for the City of Wylie effective April 1, 2013 setting terms and stipend of service. Discussion Article IV, Section 3c of the City of Wylie Charter states "the city council shall, in the absence or disability of the appointed judge of the municipal court, appoint an acting judge to serve during such absence or disability. The acting judge may be compensated by the city council for his performance of required duties." The current two year term of the City of Wylie Associate Municipal Court Judge expires March 31, 2013 and is renewable for subsequent two (2)year terms. The appointment of the Associate Municipal Court Judge is for a two year term effective April 1, 2013 through March 31, 2015 and may be renewed for another two (2) year term. Compensation for services provided by the Associate Municipal Court Judge is a set monthly rate of$1000.00. This reflects an increase in his monthly rate of$300.00. Associate Municipal Court Judge Terry Douglas (part-time): works approximately 16 hours per month (signs warrants, does prisoner arraignments and has one court docket per month). In addition PD takes warrants to him in the evening or on weekends for his signature. PD also calls him to do phone or video arraignments after hours and sometimes he comes in to do Emergency Protective Orders. Judge Terry Douglas has served the City for 12 years as the Associate Municipal Court Judge. Please see the attached Municipal Judge Salary Survey for surrounding cities that was done in 2012. Judge Douglas serves in the capacity of Justice of the Peace and Municipal Court Judge for Collin County and is also currently serving as the City of Wylie Associate Municipal Court Judge. It is recommended that Judge Douglas continue to provide service to the City as the City of Wylie Associate Municipal Court Judge. Page 1 of 1 RESOLUTION NO. 2013-08(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE APPOINTMENT OF TERRY DOUGLAS AS CITY OF WYLIE ASSOCIATE MUNICIPAL COURT JUDGE. WHEREAS, the City of Wylie has determined that an Associate Municipal Judge is necessary to perform the judicial functions of the Municipal Court of the City of Wylie in the absence of the Municipal Court Judge; and WHEREAS, the City desires to appoint Terry Douglas as the Associate Municipal Court Judge for the City of Wylie; and WHEREAS, the effective term of service for the Associate Municipal Court Judge shall be April 1, 2013-March 31, 2015 with subsequent two year term; and WHEREAS, reimbursable services of the Associate Municipal Court Judge by the City of Wylie shall constitute all time spent on any matters assigned including conference telephone calls, investigation, drafting of documents, correspondence, negotiations, legal research and travel to conduct City of Wylie municipal court business; and WHEREAS, a monthly stipend of $1000.00 will be provided by the City of Wylie for such services; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the City Council authorizes the appointment of Terry Douglas as City of Wylie Associate Municipal Court Judge for a two year term effective April 1, 2013-March 31, 2015 with a monthly stipend of$1000.00 for services as the City of Wylie Associate Municipal Court Judge with subsequent two year terms provided. DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on this the 12th day of March, 2013. ERIC HOGUE, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2013-08(R) Appointment of Terry Douglas as Associate Municipal Court Judge Page 1 of 1 CONTRACT/ CITY POSITION DUTIES CITY EMPLOY WAGES HOURS Richardson P/T Presiding Hearings, Trials Contract $100.00 per hr. 20-27 wk. P/T Associate Jail Arraignments, PD activity/warrants Contract $ 90.00 per hr. 5-10 wk. P/T Assistant Jail Arraignments Contract $ 80.00 per hr. 5-10 wk. Sachse P/T Presiding Hearings, Trials $400.00 per ct setting 40 per year Jail Arraignments, EPO's/Blood Warrants, Ct Paperwork $ 60.00 per trip 260 per yr. P/T Associate Same duties and rates as Presiding Judge Fate P/T Presiding Hearings, Trials, Paperwork $250.00 per hr. 6-12 hrs. mo. No after hours for EPO's/Blood Warrants-prisoners sent to county P/T Associate Same duties and rate as Presiding Judge Parker P/T Presiding Hearings, Trials, Paperwork, EPO's/Blood Warrants $535.00 flat fee 2 hours twice P/T Associate Same duties and rate as Presiding Judge monthly. Frisco F/T Presiding Hearings, Trials, Paperwork $105,000.00 yr. 40 weekly P/T Associate Jail Arraignments, 2 Night Dockets per mo. $ 2400.00 mo./plus $90.00 hr any extra P/T Assistant $ 90.00 hr./minimum 2 hrs each event. Lucas P/T Presiding Hearings, Trials, Paperwork (no PD in Lucas) $500.00 per mo. 1.5-3 hrs. mo. P/T Associate Same rates and duties as Presiding Judge Plano F/T Presiding Hearings, Trials, Paperwork, Arraignments Employee w/benefit $124,000.00 yr. 40 weekly *Plano does not sign Blood Warrants F/T Sr. Associate Same duties as Presiding Judge Employee w/benefit $ 78,539-$117,024 yr. 40 weekly F/T Associate Same duties as Presiding Judge Employee w/benefit $ 78,539-$117,024 yr. 40 weekly 4-P/T Associate On call/after hours/weekend Arraignment Contract $150.00 per day Mesquite F/T Presiding Hearings, Trials, Paperwork, On call after hrs. Salary-did not give info 40 weekly 3-P/T Associate Jail Arraignments $100.00 hr. 1st hr. Weekends $150.00 hr. after 1st hr. EPO's/Blood Warrants $80.00 hr. Weekends Dockets/Trials $150.00 As needed CONTRACT/ CITY POSITION DUTIES CITY EMPLOY WAGES HOURS Crowley P/T Presiding Hearings,Trials, Paperwork, Contract $30,000 per yr. 4 hrs. per wk. On call after hrs. $50.00 each After hrs. Royse City P/T Presiding Hearings, Trials, Paperwork Contract $140.00 hr. 4-5 hrs. wk. P/T Associate Blood Warrants, EPO's, Arraignments Contract $140.00 hr. Varies weekly Balch Springs P/T Presiding Hearings, Trials, Paperwork, Arraignments, On call after hrs. $625.00 Court Sessions P/T Associate Same duties as Presiding Judge $ 85.00 After hrs. Farmersville P/T Presiding Hearings, Trials, Paperwork Contract $1250.00 monthly Varies No after hours, no Blood Warrants/EPO's Azle P/T Presiding Hearings, Trials, Paperwork, Arraignments, On call after hrs. $30,625.00 yr. Court twice a P/T Associate Same duties as Presiding Judge-Presiding Judge pays out of month, Jury his salary if Associate is needed trials every 4-6 months. Terrell P/T Presiding Hearings, Trials, Paperwork, On call after hrs. $15, 000.00 yr. 10 hrs. wk. P/T Associate Same duties a Presiding Judge $15, 000.00 yr. No info. Murphy P/T Presiding Hearings, Trials, Paperwork, On call after hrs. $75.00 hr. 15-20 hrs. wk. Blood Warrants, EPO's 2 P/T Associates 1- Same duties a Presiding Judge $75.00 hr. as needed 1-After hour blood warrants $50.00 hr. as needed