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05-22-2007 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, May 22, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Pro Tern Carter Porter called the meeting to order at 6:00 p.m. Council Members present were: Councilman Red Byboth, Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Mayor John Mondy and Councilman Eric Hogue were absent. 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; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Byboth gave the Invocation and Councilman White led the Pledge of Allegiance. PRESENTATION • Recognition of 4th Six Weeks Star Students—Character Trait"Citizenship" Mayor Pro Tern Porter and Councilman Young presented Certificates to WISD students showing the Character Trait of Citizenship". 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. There were no citizens present to address Council during Citizens Comments. Minutes— May 22, 2007 Wylie City Council Page 1 CANVASS OF ELECTION • Consider, and act upon, Resolution No. 2006-17(R) declaring the results of the Official Canvass of the General Election of May 12, 2007. Council Action A motion was made by Councilman Young, seconded by Councilman Byboth to approve Resolution No. 2007-17 declaring the results of the Official Canvass of the General Election of May 12, 2007. A vote was taken and passed 5-0 with Councilman Hogue and Mayor Mondy absent. ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS • Presented by Mayor John Mondy. Mayor Pro Tern Porter presented Certificates to the newly elected Council members Kathy Spillyards (Place 3) and David Goss (Place 1). ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBERS • Administered by Judge Keith Self. Collin County Judge Keith Self administered the Oath of Office to newly elected Council members Kathy Spillyards and David Goss. New Council members Kathy Spillyards (Place 3) and David Goss (Place 1) took their seats on the Council. APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, appointment of the Mayor Pro Tem for a one year term beginning May 2007 and ending May 2008. Council Action A motion was made by Councilman Young, seconded by Councilman Goss to appoint Councilman Red Byboth as Mayor Pro Tern for a one year term beginning May 2007 and ending May 2008. A vote was taken and passed 6-0 with Mayor Mondy absent. Mayor Pro Tern Byboth presided over the remainder of the meeting. Minutes— May 22, 2007 Wylie City Council Page 2 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 May 8, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Ordinance No. 2007-14, amending the zoning from Light Industrial (LI) to Planned Development (PD) District, generally located east of Regency Drive and north of Steel Road. (R. 011ie, Planning Director) C. Consider, and place on file, the monthly Revenue and Expense Report for the City of Wylie for the month ending April 30, 2007. (L. Williamson, Finance Director) Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and passed 6-0. Mayor John Mondy was absent. REGULAR AGENDA General Business 1. Consider, and act upon the appointment of a 2007 Board and Commissions City Council Interview Panel to conduct the June, 2007 Board applicant interviews. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until May 31st of each calendar year. Additionally, in June of each year, the applications are compiled into appointment timeframes to allow the three council member panel to interview each applicant and subsequently choose a list of applicants to recommend to the full Council to serve two year terms on the various boards. New board members approved by City Council will begin their terms on July 1, 2007. Council Discussion Councilman Young stated that he would like to serve on the interview panel for 2007. Councilman Goss stated that he too would be happy to serve on the panel. He explained that he had gone through the interview process when he became a member of the Planning and Zoning Commission and was familiar with the interview process. Councilman Porter also requested to serve on the three member panel. Mayor Pro Tern Byboth asked if there were any rules in place regarding who could serve on the committee. City Secretary Ehrlich explained that in the past couple of years, the seated Mayor Pro Tern had served but there were no official rules regarding the appointments. Minutes—May 22, 2007 Wylie City Council Page 3 Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to appoint Councilman Merrill Young, Councilman David Goss, and Councilman Carter Porter to the 2007 Board and Commissions City Council Interview Panel to conduct the June, 2007 Board applicant interviews. A vote was taken and passed 6-0 with Mayor Mondy absent. 2. Consider, and act upon, Ordinance No. 2007-15 amending Ordinance No. 2006-56 (2006-2007 Budget) and approving an appropriation of funds, in the amount of $6,935.62, to pay for uniforms in the Police Department providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the Wylie Police Department has been court awarded $6,935.62 out of the Police property room. The proposed budget amendment would transfer the money to Police Budget Uniforms Account where it can be used to replace old jackets and vests. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2007-15 amending Ordinance No. 2006-56 (2006-2007 Budget) and approving an appropriation of funds, in the amount of $6,935.62 to pay for uniforms in the Police Department. A vote was taken and passed 6-0 with Mayor Mondy absent. 3. Consider, and act upon, authorizing the City Manager to execute an Engineering Services Agreement, in an amount not to exceed $13,000.00, with Birkhoff, Hendricks, and Conway, L.L.P. to update the Thoroughfare Impact Fees. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on July 25, 2006 Council approved an ordinance establishing Thoroughfare Impact Fees for the City of Wylie. The attached 10-year capital improvements plan (CIP) was adopted as part of the impact fee process. The plan lists the projects necessary over the next ten years to support the projected growth of the City. The extension of Hensley Lane from McCreary Road to Country Club and the extension of Springwell Parkway south of FM 544 were not included in the 10-year CIP; however, these projects should be added due to the potential development at the corner of FM 544 and McCreary Road. The agreement outlines the work to be performed by Birkhoff, Hendricks, and Conway, L.L.P. for the update to the impact fees. He reported that the expenditure would come from the City Engineer's budget and the cost could be recouped in the impact fees. Council Action A motion was made by Councilman Young, seconded by Councilman White to authorize the City Manager to execute an Engineering Services Agreement, in an amount not to exceed $13,000., with Birkhoff, Hendricks, and Conway, L.L.P. to update the Thoroughfare Impact Fees. A vote was taken and passed 6-0 with Mayor Mondy absent. Minutes—May 22, 2007 Wylie City Council Page 4 4. Consider, and act upon, approval of a proposal, in the amount of $53,286.02, with Southwest Parks & Playgrounds, L.P. for the purchase of skate park elements. (M. Sferra, Public Services Director) Staff Comments Parks Superintendent Bill Nelson addressed Council stating that Council had approved a mid-year budget amendment to provide funding for the construction of a skate park at Joel Scott Memorial Park. An allocation of$57,000.00 is budgeted in the Park Acquisition and Improvement Fund (account#121-5623- 58840). Staff has received a proposal from Southwest Parks & Playgrounds for the purchase of skate park elements consisting of concrete ramps and appurtenances. These skate park elements would be purchased under a cooperative purchasing contract with TASB/Buyboard. The City is a participating entity in the Buyboard program. Council Discussion Councilman Young asked Mr. Nelson is the material was a type of wood. Parks Superintendent Nelson replied that it was constructed from steel and very durable. Councilman Porter asked what the life expectancy was on the equipment. Mr. Nelson replied that the warranty was ten years and the equipment should last quite a long time. Mayor Pro Tern Byboth asked what the City's liability would be if someone injured themselves on the skate ramp. Mr. Nelson explained that there would be signs posted stating that persons were using the facilities at their own risk and encouraging everyone to use a safety helmets and other safety devices. Mr. Nelson also reported that the purchasing agent, Mr. Jim Holcomb had included the new skate park elements in the liability insurance. Mayor Pro Tern Byboth asked if the City Attorney had reviewed the project. City Manager Manson reported that staff had been in contact with Texas Municipal League to review the project and to include the skate park in the cities insurance. She reported that TML is the state insurance and advisory carrier for many cities including Wylie. Councilman Goss asked if the proposals had gone through the bidding process to insure that the City was receiving the best cost for the quality of equipment. Mr. Nelson explained that Southwest Parks & Playgrounds, L.P. was an approved contractor through the state program and was the best price for the type of equipment required. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve a proposal in the amount of $53,286.02 with Southwest Parks & Playgrounds, L.P. for the purchase of skate park elements. A vote was taken and passed 6-0 with Mayor John Mondy absent. 5. Consider, and act upon, a request from Abby and Hector Sandoval to disconnect from the City's sanitary sewer system and to install a septic system located at 1032 Kreymer Lane. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the property owner of 1032 S. Kreymer Lane is requesting permission from the Council to disconnect from the City's sanitary sewer and to be able to install a septic system. The property is a 5 acre tract of land with Agricultural zoning and contains a house built in 2005. The lot is approximately 2000 feet in depth. A sewer line exists on the far eastern portion of the property, which is 1700' from the house. When the house was built, the owners connected to the sanitary sewer system per the City requirement. The immediate area was annexed in 2000 and is generally acreage lots with single family homes, several of which remain on septic systems. Per the information provided by the property owner, multiple problems have been experienced, with consistent advice from plumbers stating that the length of the line is such that it will not function properly. Minutes—May 22, 2007 Wylie City Council Page 5 Applicant/Council Comments Councilman Young asked if Public Works staff could assist in cleaning the line out so the residents could have some relief until a septic tank is available. Abby and Hector Sandoval residing at 1032 Kreymer Lane, Wylie Texas addressed Council stating that they had temporarily repaired the situation until such time they could complete the construction of a septic tank. City Manager Manson reported that Public Works staff could try and give some additional relief. Councilman Young asked the applicants what would happen to the existing line, once the septic tank was installed. Mrs. Abby Sandoval replied that they had planned to leave the line underground un-connected. Councilman Young asked if there were any plans to construct a lift station in the area. City Manager Manson replied there were no plans at the present time or in the near future. Mayor Pro Tern Byboth asked what the Ordinance requirements were for tying on to the city sewer system. City Manager Manson replied that if the system was available to a resident within 500 feet of the resident structure, then the resident was required to tie on to the city system. Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to allow the request from Abby and Hector Sandoval to disconnect from the City's sanitary sewer system and to install a septic system located at 1032 Kremer Lane, Wylie, Texas. A vote was taken and passed 6-0 with Mayor John Mondy absent. 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. 2007-14 and 2007-15 into the official record. Mayor Pro Tern Byboth recessed into Executive Session at 6:30 p.m. in compliance with Section $§551.001. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit. 1. §§551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Purchase of Right-Of-Way for F.M. 1378 2. §§551.087 Deliberations regarding economic development negotiations between the City of Wylie,Wylie Economic Development Corporation, and the following: • Regency Centers Minutes—May 22, 2007 Wylie City Council Page 6 Mayor Pro Tern Byboth reconvened into Open Session at 7:37 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: 1. Consider, and act upon, authorizing the City Manager to purchase Right-Of-Way for the F.M. 1378 Project and to execute all necessary documentation and take any additional action to complete the transactions. (C. Holsted, City Engineer) Council Action A motion was made by Councilman Porter, seconded by Councilman White to authorize the City Manager to purchase Right-Of-Way for the F.M. 1378 Project and to execute all necessary documentation and take any additional action to complete the transactions; to a maximum of $231,000. A vote was taken and passed 6-0 with Mayor John Mondy absent. ADJOURNMENT With no further business before Council, Councilman White made a motion to adjourn at 7:38 p.m., with Councilman Porter seconding the motion. Consensus of Council was to adjourn. f E ohn M d yor ATTEST: ``� et t�+t u i,,�,,� .' y .F s � • � l l SEAL 404 Carole Ehrlic , City Secretary '1',,,4 IE,!EX‘.‘`` Minutes— May 22, 2007 Wylie City Council Page 7