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06-12-2007 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, June 12, 2007 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council members present were: Mayor Pro Tern Red Byboth, Councilman Carter Porter, Councilwoman Kathy Spillyards, Councilman Merrill Young, Councilman Rick White and Councilman David Goss. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Library Director, Rachel Orozco; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tern Byboth gave the Invocation and Councilman Goss led the Pledge of Allegiance. 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. Jim Kellogg residing at 1108 Chilton Drive, Wylie Texas addressed Council asking for easing of the water restrictions based on the level of local lakes and rain received over the past few months. He sited examples of neighboring cities and the easing of those city's restrictions. He explained that he was requesting the ability to water two days per week and the ability to wash his car. He also recommended water conservation kits be made available to citizens. Fakhra Akbar residing at 3503 Lombardy Drive, Wylie, Texas addressed Council stating that she was very excited about the possibility of Target and Shafer Properties looking at the Wylie area. She explained that she had resided in Wylie for about 5 years and was very happy with the development she has seen. She asked Council to consider the type of commercial buildings allowed to be constructed in Wylie, and asked Council and staff to consider buildings with architectural design; not "cookie cutter" designs. Minutes—June 12, 2007 Wylie City Council Page 1 Kurt Strange residing at 7900 E. Parker Road, Allen, Texas (City of Wylie) addressed Council stating that he was speaking on Item #4, Request for disannexation (Ordinance 99-23). He explained that he and six other Wylie residents were requesting disannexation. He reported that documents had been signed allowing him to speak on behalf of: Mr. & Mrs. Michael Benner, 7960 E. Parker Road; Robin V. Duncan; 7750 E Parker Road; Gerald and Sally Lewis, 7730 E. Parker Road and 7700 E. Parker Road, Kenneth and Patsy Lewis, 7664 E. Parker Road; Alice M. Thomas, 7630 E. Parker Road, and Edward and Karen Sledge, 4010 Bois D'Arc Lane, Wylie Texas. He explained to Council that due to the lack of services over the past seven and one half years, he and the other residents were requesting disannexation. He reported that all residents in question had signed a form stating that the request for disannexation did not include a request for payment of back property taxes; rather the residents were requesting disannexation to keep from paying further taxes to the City. He commented concerns regarding Dove Creek and Taylor Lane adjacent to the Benner property not being annexed with the other properties in 1999. He spoke about the lack of Police services available to the residents over the past few years. He reported that when calls come into the 911 system, they are rerouted to Collin County. He reported that the GIS at 911 was corrected now but the Wylie Police Department still did not patrol the area. He explained that the residents had no problem with fire service stating that they responded when called due to their service area going out into the Extra Territorial Jurisdiction for Wylie. He reported that the area was never provided sewer services but felt the septic systems the resident were on, were satisfactory. He reported that in reviewing the service plan, the city had committed to providing service within 60 days of annexation. He reported that this was not completed. Mr. Strange commented that the residents were currently in the City of Parker's CCN but felt the City of Wylie could apply for an amendment to their CCN and include the annexed land into the Wylie Utility area. He explained that he felt the reason the City did not amend the CCN was due to the need to construct a two and one half mile water line to service the area in question. Mr. Strange reported that he had contacted the Wylie Animal Control Department last year for service and the employee stated that the residence was in Collin County and to call Collin County for service. He commented that the City of Allen addresses that he and the other residents had were confusing when requesting emergency services. He explained that residents living in Dove Creek and Taylor Lane had Wylie addresses but the post office cut off Wylie addresses at that point and issued Allen addresses to those past that point. "Every service we try and receive from Wylie is refused because of our Allen addresses". He reported that currently he uses another provider for his trash pickup. He stated that he was very satisfied with their services. He stated that he had no intention of changing trash services even if the City provided them to him. Mayor Mondy asked for clarification regarding services. He asked Mr. Strange if he was receiving fire protection service. Mr. Strange reported that he was. Mayor Mondy asked Mr. Strange if he was requesting trash pickup or sewer from the City. Mr. Strange replied that he was not interested in City trash pickup but felt from conversations with developer, Gary DeFrain that sewer service in that area was many years away. He reported that the sewer line was implemented near Southfork Mobile Home Park and eight years later is still more than a mile away from the area in question. He stated that he and the other residents had septic tanks that had been in use for many years. He stated that his complaint was arguing with service providers as to whether he and the other residents were in the City of Wylie. He explained that residents of Wylie should not have to argue for services. Sally Lewis residing at 7730 E. Parker Road, Allen Texas addressed Council reiterating the fact that the residents seeking disannexation were never provided complete services within 60 days of the annexation provided in the "service plan". She explained that the Wylie Police Department had never provided services to her residence. She explained again that she and the other residents were not asking for the refund of taxes but rather to be disannexed at this time. 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 22, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) Minutes—June 12, 2007 Wylie City Council Page 2 B. Consider, and act upon, a request from the following groups to sell items at the Summer Concert Series: Friends of the Smith Library, Blackland Prairie Playground Foundation and the Searching for A Star Foundation. (R. Diaz, Asst. Superintendent, Parks and Recreation) C. Consider, and act upon, approval of a Replat for Woodlake Village Addition, Block C,Lots 1R-6 & 1R-7 generally located on the northeast corner of S.H. 78 and Spring Creek Parkway. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a Final Nat creating one lot for Community Park Addition, Block A, Lot 1 generally located south of Stone Road, at the southeast corner of Thomas Road and Pirate Drive. (R. 011ie, Planning Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2007. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve the Consent Agenda with one correction to Item #C; changing "generally located on the northeast corner of S.H. 78 and spring Creek Parkway" to "generally located on the northwest corner of S.H. 78 and Spring Creek Parkway. A vote was taken and passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2007-16 approving and authorizing the execution and delivery of $750,000 "City of Wylie Public Property Finance Contractual Obligation, Series 2007" to American National Bank; specifying the terms of such contract; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contract, including the approval and execution of a paying agent/ registrar Agreement; and providing an effective date. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that pursuant to V.T.C.A, Local Government Code, Subchapter A of Chapter 271 (the Public Property Finance Act), the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property. A new Quint fire truck will be purchased with the proceeds of the Contractual Obligations. The Quint was approved as part of the Capital Improvement Plan for this fiscal year. American National Bank had the best bid for the proposed bonds. Council Discussion Mayor Mondy asked Fire Chief Corbin if the purchase of this Quint met with his approval as it was purchased prior to his taking the position of Fire Chief. Chief Corbin reported that he was very satisfied Minutes—June 12, 2007 Wylie City Council Page 3 with the purchase of the new Quint commenting that the department had pushed back the purchase as long as possible and this Quint would service the new Station #3. He stated that this was an excellent piece of fire apparatus for the City of Wylie. Council Action A motion was made by Councilman Porter, seconded by Councilman White to adopt Ordinance No. 2007-16 authorizing the issuance of "City of Wylie, Texas, Public Property Finance Contractual Obligations, Series 2007 in the aggregate principal amount of $750,000; approval and execution of a Paying Agent/Registrar Agreement and a Purchase Agreement and resolving other matters incident and related thereto. A vote was taken and passed 7-0. 2. Consider, and act upon, Ordinance No. 2007-17 amending the Stage 3 Drought Contingency Plan for the City of Wylie. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on July 7, 2006 Council adopted the North Texas Municipal Water District (NTMWD) Drought Contingency Plan. The current plan allows for watering once every seven days based on the resident's trash collection day. On May 18, 2007 the NTMWD held a meeting with the City Manager's of all of the member cities to discuss the current drought status and water rights. The District identified two possible revisions to the City's drought plans that would not conflict with NTMWD remaining in stage three. The revisions are, to allow landscape watering two times per week with a reduced time period and to allow washing and rinsing of vehicles with a hose end shutoff nozzle at any time. He explained that currently residents were allowed to water one day per week for a maximum of 16 hours. The proposed ordinance would allow two days a week watering, for a maximum of 8 hours per day. Council Discussion Mayor Mondy asked Mr. Marvin Fuller, NTMWD Board member representing the City of Wylie to come forward. Mayor Mondy asked Mr. Fuller about the continued conservation efforts with the lakes being close to full. Mr. Fuller reported that NTMWD would continue its water conservation until such time as additional resources are in place. He reported that the conservation is about water rights and at the present time we are behind in water rights. He reported that until next April when the reuse program is put online and the line is completed to Lake Tawakoni and additional water rights are in place; the district will not back down from the Stage 3 restrictions until all water resources are full and new water rights are implemented. He reported that NTMWD will always use water conservation as part of their overall philosophy. Mayor Mondy asked Mr. Fuller what additional water rights he was referring to. Mr. Fuller stated that the amount of water the district was allowed to take from the lakes within their water rights; Lake Lavon, Cooper Lake and Lake Texoma. Mayor Mondy asked Mr. Fuller if the district was going to continue the "take or pay" policies. Mr. Fuller replied that he felt the district needed to review those policies regarding cities with large growth using more water and cities nearing build out stabilizing. Mayor Mondy commented that he believed once the other NTMWD Board member was appointed by Council, a work session was needed to convey the city's position with regard to NTMWD policies and convey these positions to the district; especially the "use it or lose it" policy. City Manager Manson commented that all cities within the district would be required to approve a change in the district's "use it or lose it" policy. Mayor Pro Tern Byboth stated that he would like to see all NTMWD member cities comply with current policies and somehow encourage them to do so; right now each member city has their own policies regarding watering. City Manager Manson stated that when she attended the recent NTMWD meetings; it was a huge source of frustration for cities that were following the recommended conservation policies to see cities that were not. Ultimately the NTMWD has no ability to force those cities not compiling to do so. Councilman Young stated according to predictions, the drought was forecast to last thru the remainder of 2007. He explained that he would like to see the current Stage 3 restrictions kept in place until the end of summer. Mayor Mondy stated that he believed like Councilman Young that the watering should remain with the current policy. Minutes—June 12, 2007 Wylie City Council Page 4 Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve Ordinance No. 2007-17 amending the Stage 3 Drought Contingency Plan for the City of Wylie. A vote was taken and passed 5-2 with Mayor Pro Tern Byboth, Councilman Goss, Councilwoman Spillyards, Councilman White and Councilman Porter voting for and Mayor Mondy and Councilman Young voting against. 3. Consider, and act upon, authorizing the Mayor to execute an amendment to the Professional Services Agreement between the City of Wylie and ARCHITEXAS. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the scope of the original Agreement between the City of Wylie and Architexas included design services for the Library only. An amendment was approved in December 2006 to include the schematic design of the City Hall and Recreation Center, but did not include the design and construction documents for the two projects. As of several work sessions, the decision was made to move forward with the design and construction of all three buildings, requiring this amendment to the Agreement. Ms. Manson reported that the timeframe for completion of the buildings was: Design Development -4 months, Construction Documents - 6 months, Construction Procurement Services - 2 months, and Contract Administration - 22 months. Councilman Young asked City Manager Manson if the cost for the buildings had changed within the revised contract. City Manager Manson stated that the cost for the buildings was the same, just the timeframe and services that included design and construction procurement services, contract administration, civil engineering, interior design and furniture selection, graphic design, architectural light design, acoustical/audio visual design, and a LEED (Leadership in Energy and Environmental Design) consultant. These services would be provided for all three buildings. Council Discussion Craig Melde representing ARCHITEXAS addressed Council stating that he would be happy to answer any question. Mayor Mondy asked Mr. Melde if a consultant for the LEED portion of the project had been hired. Mr. Melde replied that his firm wished to have a work session with Council to determine whether to go forward with LEED in the project or sustainable construction. He explained that if the decision was made, not to use the LEED construction, the cost would be deducted from the Agreement. This amount would be approximately$132,000. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Young to authorize the Mayor to execute an amendment to the Professional Services Agreement between the City of Wylie and ARCHITEXAS. A vote was taken and passed 7-0. 4. Discussion of disannexation request by a citizen, and related issues, of property annexed into the City limits by Ordinance No. 99-23 and receive input from staff and citizens. (M. Manson, City Manager) Minutes-June 12, 2007 Wylie City Council Page 5 Staff Comments City Manager Manson addressed Council stating that during the May 8, 2007 meeting, Council heard input from staff and citizens regarding the requested disannexation of property annexed into the City in 1999. Following the discussion, Council requested staff to calculate the property tax impact both for the possible refund of taxes for prior years to the affected property owners and for the tax loss to the City should the property be disannexed. Staff has compiled those figures for presentation tonight. She stated that taxes paid by residents requesting disannexation, with the exception of one resident, were outweighed by the per capita cost to provide those services which is allowed by state law. Property owners requesting disannexation have also provided information requested by Council which includes a signed document requesting disannexation signed by 7 property owners. Also provided by the property owners is an affidavit signed by each property owner requesting disannexation without requesting a refund of taxes paid in prior years. She reported that per Council request, staff researched the total properties annexed within Ordinance 99-23 and found that number to be twenty. She reported that of the twenty annexed, seven were requesting disannexation. City Manager Manson noted that when property is annexed by ordinance, the executed ordinances are sent to the County for filing. Once the County receives the annexation, the different county agencies ideally make those changes to their records. At this point the appraisal district starts to collect taxes and agencies such as the 911 revise their records to indicate the change. This is not a flawless process and there are times when the process at the County level is not communicated properly. Mayor Mondy asked Ms. Manson who controlled the Allen address for these residents. City Manager Manson stated that it was controlled by the zip code from the U.S. Postal Service. Mayor Mondy stated that the chances of the City receiving a change in the current zip codes from the U.S. Postal Service were remote. Mayor Mondy asked staff what the State of Texas recognized as city services. Ms. Manson replied that the state uses a tier approach. She concurred that the 60 day requirement for services was correct however, Public Safety, Police and Fire were the most immediate. Other levels of service, water and sewer in particular have a longer timeframe to comply; at the time of this annexation, I believe it was 5 years however there is a caveat in the state law which provides that "if there are other areas currently within the City that are in a similar situation as far a terrain and location, that are not receiving sewer service then the City is not required to provide the same service to other annexed areas with a similar situation". Mayor Mondy asked Ms. Manson if there were areas in Wylie at the time of this annexation that were not being provided sewer. Ms. Manson replied that there were. Mayor Mondy asked City Manager Manson if the City had other water districts within the city limits. Ms. Manson replied yes there were three. She reported in response to the comment made by Mr. Strange, the City was in the process of updating their CCN. It has been many years since the CCN has been updated to accurately reflect the current City limits. Mayor Mondy asked Ms. Manson when the first complaints regarding this annexation were made. Ms. Manson replied that during the public hearings for the annexation there was opposition. The next time was in 2005 when the same seven property owners hired an attorney. Mayor Mondy asked Assistant City Manager Butters if all Police issues had been rectified. Assistant City Manager Butters stated that was hard to answer. "I know the letter that was received by the attorney representing these residents in 2005 was the first time I was aware of any problem with police services or problems with 911." At that time a 911 coordinator was used and the annexation ordinances were sent to that coordinator for service revisions. He explained that all other annexations completed in 1999 were rerouted to the City. Mr. Butters stated that he did not know why there was a problem with the rerouting of Annexation Ordinance 99-23 but he was not made aware of the problem until 2005. Mayor Pro Tern Byboth stated that even if a Wylie Police car was not dispatched to a call, one of the jurisdictions did respond to the call and through the City's interlocal agreements with other jurisdictions, the City in some way is paying for those services. He explained that he believed the services were still there and the calls were being responded to. He noted that he believed the service area corrections were now in place and would be working properly. Mayor Monday asked about Fire services provided to the annexed area; noting that Mr. Strange had commented earlier that he felt the Fire services were being provided. Fire Chief Randy Corbin addressed Council stating that part of the confusion was the issue of the roadway belonging to a different jurisdiction. He stated that he believed this was part of the confusion when calls were made as to which jurisdiction was to respond depending on the actual location of the call. If a resident calls for a service on the Minutes—June 12, 2007 Wylie City Council Page 6 roadway that is a different responder than if a resident calls from the residential driveway and similarly if you call from a land line versus a cell phone, you will receive a different responder. Due to these issues, we can not confirm that the Wylie emergency vehicles will be the first responders but we can guarantee that a response will be provided from one or more of the jurisdictions. Mayor Mondy asked if all responders knew where the city boundaries were. Assistant City Manager Butters replied that police and fire were aware of the boundaries and carried maps showing those correct boundaries. Each officer that goes thru training drives those specific boundaries. Mayor Mondy asked Assistant City Manager Butters if the issue with animal control had been corrected. Asst. City Manager Butters replied yes. Mayor Mondy then stated that in the documents received from the residents requesting disannexation, they had requested to keep the trash services they currently had. Mayor Mondy asked City Manger Manson what the sewer requirements were for the City. Ms. Manson replied that if a residence was within 500 feet of an existing City sewer line, they were required to tie on. Mayor Mondy asked City Engineer Hoisted if these property owners were within the 500 feet of an existing sewer line. City Engineer Hoisted replied that even when the lines were completed in the area, the resident would be further than 500 feet from an existing sewer line. Mr. Hoisted noted that it would be a substantial cost to the City to run lines over to these residents to within 500 feet. Mayor Mondy asked if he was correct in assuming that if they were not within the 500 feet, they could legally operate a septic system. City Manager Manson replied that they could. Ms. Manson explained that there was a similar situation with a resident on the west side of the City several years ago that requested disannexation for lack of sewer service. This case actually got into litigation and ultimately the City prevailed. Mayor Mondy asked Council and staff if there were any services not noted that the property owners were concerned about. Councilman Porter replied that the Wylie library card had been addressed and was now corrected. Library Director Orozco addressed Council and stated that she had sent letters with library applications and newsletters to the residents in question regarding the issuance of library cards. She explained that three of the letters had been returned. She noted that she was present tonight to issue library cards to those residents if requested to do so. Mayor Mondy asked staff how the City was going to address the issue regarding residents of Wylie with Sachse and Allen addresses. City Manager Manson stated that there are residents with a Wylie address as well, that are not in the corporate city limits. She explained that staff would be vigilant; keeping in mind that the mailing address is not an indicator of what city they reside in. Sally Lewis residing at 7730 E. Parker Road, Allen Texas addressed Council commenting on a statement made earlier that it was in the"best interest of the city to leave the annexed area within the City to protect the city boundaries". She commented that the biggest area near S.H. 1378 and Parker Road was currently not in the City and was left out of the annexations. Mayor Mondy stated that these areas were in the process of being addressed. Ms. Lewis asked with regard to all the confusion with services in the past years and the provisions to receive services, was that just too bad? Mayor Mondy replied that Fire services have always been provided and police responders through mutual aid agreements have always been provided. Ms. Lewis then asked why the residents always had to argue over those services. Mayor Mondy replied that there were humans involved in the process; with new technology and GIS systems in place these issues should be corrected. There was no action taken or direction given to staff on this item. 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. 2007-16 and 2007-17 into the official record. Mayor Mondv convened into Executive Session at 8:09 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Minutes—June 12, 2007 Wylie City Council Page 7 1. §§551.087 Deliberations regarding economic development negotiations. To discuss commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay or expand in or near the territory of the governmental body and with which the governing body is conducting economic development negotiations. • Presentation of discussions held with Direct Development, Target, Shafer Properties, and Starbucks at the International Conference Shopping Centers (ICSC) held in Las Vegas, Nevada May 19-23, 2007. Mayor Mondy reconvened into Open Session at 8:35 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: No action was taken as a result of Executive Session ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 8:36 p.m. Consensus of Council was to adjourn. . G. Byboth, ayor Pro Tern `otiUII iiriii,,� `.•``` F f✓V //,i ATTEST: ..,` ••....... • , z .V. S L.rA..�L _gin • ///,„irerEiii E:```•` •Caro e Ehrlich, ity Secretary Minutes—June 12, 2007 Wylie City Council Page 8