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11-12-2013 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, November 12, 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 Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tern Rick White, Councilwoman Diane Culver, Councilman Keith Stephens, Councilman Bennie Jones, Councilman Todd Wintters, and Councilman Nathan Scott. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Library Director, Rachel Orozco; Human Resources Manager, Lynn Fagerstrom; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Retired Pastor Al Draper of the First Baptist Church of Wylie gave the invocation and Battalion Chief Brent Parker led the Pledge of Allegiance. PRESENTATIONS • Presentation of the lst- 9 Weeks Wylie Way Students Mayor Hogue and Mayor pro tern White presented medallions to students recognized as "Shining the Wylie Way." The new WISD program emphasizes values in five categories: relationships, essentials of behavior, preparing for prosperity with college/career, caring-giving-service learning, and celebrating. Each nine weeks one student from each campus is chosen for this honor. • Recognition of employees celebrating milestone years of service to the City of Wylie. Mayor Hogue and City Manager Manson honored employees celebrating milestone years of service to the City of Wylie. They included: • Fire Captain, Katy Willoughby, Fire Captain — 15 years • Sergeant, David LaRocca — 15 years Minutes November 12, 2013 Wylie City Council Page 1 • Sergeant, Donna Valdepena — 10 years • Library Supervisor, Donna Shirley— 10 years • Payroll Technician, Linda Seumalo— 10 years • Firefighter/Paramedic, Travis Araujo— 10 years • Utility Billing Supervisor, Dixie Dewey— 10 years • Proclamation - Declaring November 13, 2013 as Arbor Day in the City of Wylie (R. Diaz, Parks &Rec Superintendent) Parks and Recreation Superintendent, Rob Diaz, and Parks Manager, Shohn Rogers, presented council with a live red oak tree to be planted at the Municipal Complex in honor of Arbor Day. Mayor Hogue read a proclamation declaring November 13, 2013 as Arbor Day in the City of Wylie. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Bobby Heath, representing the Wylie Downtown Merchants Association, addressed council thanking them for their support of"Boo on Ballard" which contributed to another outstanding Wylie event. Pastor Kris Segrest, representing the First Baptist Church of Wylie, addressed council stating his concerns with regard to "Head Shops" and their perception of public appearance. 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 October 22, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2013-42 amending Ordinance No. 2013-35 (2013-2014 Budget) for the purpose of administering an Interlocal Agreement between The City of Wylie, Texas and the Town of Fairview for dispatch services authorized by Resolution No. 2013-21(R). (R. Corbin, Fire Chief) C. Consider, and act upon, Ordinance No. 2013-44 amending Chapter 22, Article XI, providing for a penalty for the violation of this ordinance. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a Final Plat for Hensley Addition, Block A, Lots 1 & 2, consisting of 5.386 acres to establish two single family residential lots within Wylie's ETJ, generally located south of far eastern SH 78 and immediately south of Oak Road located in the City of Wylie's ETJ. (R. 011ie, Planning Director) E. Consider, and act upon, Ordinance No. 2013-43, amending zoning Ordinance 2001-48, Minutes November 12, 2013 Wylie City Council Page 2 Article 4 (Nonresidential Standards), Article 5 (Use Regulations), Article 6 (Special Purpose and Overlay Districts) and Article 7 (General Development Regulations), related to parking requirements; and Article 3 (Residential Development Regulations) and Article 6 (Special Purpose and Overlay District), relating to fencing. (R. 011ie, Planning Director) F. Consider, and act upon, the award of bid #W2014-9-B for the purchase of seven (7) vehicles from Reliable Chevrolet in the amount of $171,528.00 and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) G. Consider, and act upon, the approval of the purchase of a Bobcat E26-T4 Compact Excavator and a Bobcat T590 Compact Track Loader in a total estimated amount of $64,328.94 from Bobcat of Dallas; through a cooperative purchasing contract with the Texas Association of School Boards Buy Board Agreement # 424-13, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) H. Consider, and act upon, the purchase of an International 7500 Dump Truck from Southwest International Trucks in an estimated amount of $110,560.00 through a cooperative purchasing contract with the Texas Association of School Boards (TASB) Buy Board Agreement #358-10, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) I. Consider,and act upon, the purchase of vehicle video and wireless microphone systems for the Police Department in an estimated amount of$53,271.00 through a cooperative purchasing contract with the Houston Galveston Area Council (HGAC) #EF04-13, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) Council Action A motion was made by Mayor pro tern White, seconded by Councilwoman Culver to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon, approval of a Replat for American National Bank, No. 2 Addition, Block A, Lot 1B-R; generally located west of Westgate Way and approximately 240 feet north of F.M. 544. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the property totals 0.432 acre and the purpose for the re-plat is to establish the necessary access and utility easements to accommodate the development of a general office facility on the property. Minutes November 12, 2013 Wylie City Council Page 3 The re-plat complies with all applicable technical requirements of the City of Wylie and is recommended for approval subject to additions and/or alterations to the engineering plans as required by the Engineering Department. A Site Plan, Elevations, and Landscape Plan were approved by the Commission at its October 15th meeting. The Planning and Zoning Commission voted 4-0 to recommend approval subject to additions and alterations to engineering plans as required by the City Engineer. Public Hearing Mayor Hogue opened the public hearing on Item #1 at 6:45 p.m. asking anyone present wishing to address council to come forward. No one was present wishing to address council during this public hearing. Mayor Hogue closed the public hearing at 6:45 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tem White to approve the Re-plat for American National Bank, No. 2 Addition, Block A, Lot 1 B-R; generally located west of Westgate Way and approximately 240 feet north of F.M. 544. A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing, and consider, and act upon, approval of a Replat of Keller's First Addition, reconfiguring 6 lots to create two lots. Subject property being generally located at the southwest corner of Ballard Avenue and Calloway Street. (R. 011ie, Planning Director) Executive Summary Planning Director 011ie addressed council stating that the current owner desires to consolidate the six (6) lots into two (2)for future development opportunities. 011ie explained the re-plat complies with all applicable technical requirements of the City of Wylie. The Planning and Zoning Commission voted 4-0 to recommend approval subject to additions and alterations to engineering plans as required by the City Engineering. Public Hearing Mayor Hogue opened the public hearing on Item #2 at 6:48 p.m. asking anyone present wishing to address council to come forward. No one was present wishing to address council during this public hearing. Mayor Hogue closed the public hearing at 6:48 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tem White to approve a re- plat of Keller's First Addition, reconfiguring 6 lots to create two lots. Subject property being generally located at the southwest corner of Ballard Avenue and Calloway Street. A vote was taken and the motion passed 7-0. Minutes November 12, 2013 Wylie City Council Page 4 3. Hold a Public Hearing, and consider, and act upon, approval of a Replat for Lake Trail of Bozeman Farm, Lots 1 and 2, Block E, establishing 5 single family residential lots and two open space lots on 1.907 acres, generally located on the northeast corner of Collins Boulevard and F.M. 544. (R. 011ie, Planning Director) Executive Summary Planning Director 011ie addressed council stating that the purpose of the plat is to reconfigure two lots to establish five single-family residential and two open space lots on 1.907 acres of property, zoned PD 2013- 40 adopted by City Council on October 22, 2013. Public Hearing Mayor Hogue opened the public hearing on Item #3 at 6:53 p.m. asking anyone present wishing to address council to come forward. No one was present wishing to address council during this public hearing. Mayor Hogue closed the public hearing at 6:53 p.m. Council Action A motion was made by Councilman Wintters, seconded by Councilwoman Culver to approve a re- plat for Lake Trail of Bozeman Farm, Lots 1 and 2, Block E, establishing 5 single family residential lots and two open space lots on 1.907 acres, generally located on the northeast corner of Collins Boulevard and F.M. 544. A vote was taken and the motion passed 7-0. 4. Hold a public hearing and consider, and act upon, approving and continuing the current Curfew Ordinance No. 2005-08. (J. Duscio, Police Chief) Staff Comments Sergeant Anthony Henderson addressed council stating that the current Curfew Ordinance No. 2005-08 requires a Public Hearing/Review every three years in order to abolish, modify, or continue the ordinance. Sergeant Henderson explained that the ordinance gives officers a tool to reduce juvenile crime by specifying times and locations where unsupervised juveniles under the age of 17 can be. Statistics have shown that when unsupervised juveniles gather late at night they are at a higher risk of becoming a victim of crime or becoming involved in criminal activity. In 2012 Wylie officers issued 30 citations for curfew violations. From January 1, 2013 to the date this report was completed, October 15, 2013, officers have issued 22 curfew citations. Councilwoman Culver asked Sergeant Henderson if the ordinance affected youth when accompanied by a parent. Sergeant Henderson replied it did not, only unsupervised juveniles. Public Hearing Mayor Hogue opened the public hearing on Item #4, Curfew Ordinance No. 2005-08 at 6:58 p.m. asking anyone present wishing to address council to come forward. No one was present wishing to address council during this public hearing. Mayor Hogue closed the public hearing at 6:59 p.m. Minutes November 12, 2013 Wylie City Council Page 5 Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to approve and continue the current Curfew Ordinance No. 2005-08. A vote was taken and the motion passed 7- 0. 5. Consider, and act upon, Resolution No. 2013-26(R) casting votes for a candidate(s) to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1,2014. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that the Collin Central Appraisal District has requested the City of Wylie cast their 60 votes for a candidate(s)to serve a two year term on the CCAD. Ehrlich explained the 60 votes could be cast for one candidate or multiple candidates. There are currently five expiring two year terms beginning in January of 2014 to fill. Votes must be received by the Chief Appraiser, Bo Daffin, by December 15, 2013. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Stephens to approve Resolution No. 2013-26(R) casting all 60 votes for Wayne Mayo. A vote was taken and the motion passed 7-0. 6. Consider, and act upon,Resolution No. 2013-27(R) casting a vote for a candidate to the Board of Directors of the Dallas Central Appraisal District for a two year term beginning January 1,2014. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that the Property Tax Code requires that the Chief Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of the Dallas Central Appraisal District every two years. Dallas Central Appraisal District has requested the City of Wylie cast their one vote as a suburban city for a candidate to serve a two year term on the DCAD. Ehrlich explained the City of Dallas, Dallas ISD, and Dallas County each have one vote for a candidate of their choice. Additionally the remainder of suburban cities and suburban ISDs within the district may cast one vote for the candidate of their choice with the candidate for each suburban entity receiving the majority of votes being appointed to serve those two positions. Votes must be received by the Chief Appraiser, W. Kenneth Nolen, by December 15, 2013. Council Action A motion was made by Councilman White, seconded by Councilman Wintters to approve Resolution No. 2013-27(R) casting one vote for Michael Hurtt. A vote was taken and the motion passed 7-0. 7. Consider, and act upon,Ordinance No. 2013-45 of the City of Wylie, Texas,Repealing Ordinance No. 71-8 and Ordinance No. 85-49; Amending Ordinance No. 92-1 and Minutes November 12, 2013 Wylie City Council Page 6 Section 10-22 (Exceptions) of Article II (Possession and Consumption in Public Places), Chapter 10 (Alcoholic Beverages) of Part II of the City of Wylie Code of Ordinances. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that at the October 22, 2013 City Council work session a representative of the Public Arts Advisory board gave an overview of a new JazzArts Fest to be held in May of 2014. During that discussion it was recommended by the PAAB that wine be sold at the event. Staff was directed by council to research and bring back to council a proposed amendment to Ordinance No. 92-1 allowing for the sale (for consumption on premises), possession and/or consumption of beer and/or wine, as those terms are defined by the TABC, for special events approved by the City Council. Manson noted that the ordinance presented would allow wine/beer only and would be on a case by case basis specifically approved by council. It is established for city owned property only and that a third party vendor will enter into an agreement with the City to provide all permits and licenses held by the City and state; indemnity and hold harmless the City and name the City as an additional insured. Councilwoman Culver asked Manson if this ordinance was for City owned property only and would not affect the downtown area or other commercial areas. Manson replied that was correct. Public Comments Dennis and Becky Keck, 1902 Clear Water St. Wylie; Pastor A. L Draper(Retired), and Pastor Kris Segrest, representing the First Baptist Church, spoke against the passage of Ordinance No. 2013-45. Council Discussion Councilwoman Culver stated that since she has served on council she has seen the need for events that do not cause a financial strain on the City and are successful. She stated that in order to do this the City needed to compete with other cities in the metroplex. The events in the metroplex that have become wildly successful do sell beer and wine. She noted that the planned May event would be featuring a local City winery which could bring dollars to the City that would stay in the City. Councilman Stephens stated that he was against the ordinance as it brings a change in character to the community and potential for liability. Councilman Jones stated that he had thought long and hard about the ordinance and felt it would open up doors to liability. Councilman Wintters stated that he agreed, but he also felt the City didn't need to compete with the metroplex but needed to be their own community and felt it was the wrong thing and was not Wylie. Mayor Hogue stated that he did not support alcohol in Wylie and the City had successful events. Council Action A motion was made by Councilman Wintters, seconded by Councilman Jones to deny Ordinance No. 2013-45 repealing Ordinance No. 71-8 and Ordinance No. 85-49; Amending Ordinance No. 92-1 and Section 10-22 (Exceptions) of Article II (Possession and Consumption In Public Places), Chapter 10 (Alcoholic Beverages) of Part II of the City of Wylie Code of Ordinances. A vote was taken and Ordinance No. 2013-45 was denied 5-2 with Mayor Hogue, Councilman Wintters, Councilman Jones, Councilman Scott and Councilman Stephens voting for denial and Mayor pro tern White and Councilwoman Culver voting against denial. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. Minutes November 12, 2013 Wylie City Council Page 7 City Secretary Ehrlich read the captions to Ordinance No.'s 2013-42, 2013-43, and 2013-44 into the official record. WORK SESSION • Discuss the development of the KCS intermodal facility generally located at the north east corner of Spring Creek and SH 78. (C. Holsted, City Engineer) Warren K. Erdman, Executive Vice President of Kansas City Southern Railway Company, addressed council and provided a presentation on the proposed Wylie Intermodal Facility to be located off North State Highway 78. The facility would facilitate truck to rail commodities. Cost of the two phase construction is projected at $55 million. Erdman explained some of the issues and resolutions KCS had provided with regard to traffic at the new entrance by determining additional traffic flow with only a 3% increase projected for traffic flow. He presented directional lighting for the facility that would provide light only in the immediate area of the facility and buffer zones for noise control. A proposed construction schedule was also reviewed by the council. Councilman Wintters asked Mr. Erdman what the implications were for tax benefits by constructing this facility. Mr. Erdman noted that he was not familiar with the tax benefit base specifically but knew that KCS had a unitary tax basis and property taxes were taxed through the state and flowed down to the counties. Councilman Wintters asked if there would be tax levied on the containers stored at the facility. Erdman replied interstate commerce would not be taxed. Mayor Hogue asked if the property tax on the facility would have any benefit to the City. Erdman replied that he was not sure but would have an opinion letter sent from the KCS tax office to advise the council. • The Waters Consulting Group, Inc. presentation of the salary survey, and compensation results and recommendations. (J. Butters, Asst. City Manager) Linda Wishard, Director and Senior Consultant of The Waters Consulting Group, Inc., addressed council presenting the 2013 Salary Survey. Wishard reported on the key deliverables of the study which included job analysis and classification, job evaluation, compensation survey, market comparisons, and the development of a new classification/compensation plans. Principles in the philosophy of the study included: consideration of the competitiveness with other employment markets, employee compensation equality with city resources and requirements, and support of employees in their efforts to reach their highest potential. The plan also addresses internal equity within job classifications. Wishard explained that within the plan there were three categories: sworn classifications, exempt/non-exempt positions, and executive positions. Ranges for combined exempt/non- exempt positions were below market in pay range at midpoint by 4.7% and salary range by 5.9%. Executive positions were below market in pay range by 8.6% and salaries by 6.7%. The methodology for sworn (Police/Fire) position would be provided by using market average ranges to develop a proposed structure with each individual rank minimums adjusted to market average minimums and using market spread for each rank. The pay structure is designed for current steps within each range with 2.5% between steps. Incumbents were placed on the nearest step based on years of service per client request. Minutes November 12, 2013 Wylie City Council Page 8 Wishard stated that the WCG recommendations adopted four proposed pay structures at 100% market average. Adjustments to incumbent pay for exempt and non-exempt employees would include a new range minimum and an adjustment of 2.5% as the new range minimum for each full year of service. The adjustments would affect 113 employees. Sworn incumbents (fixed hourly rates for PT firefighters at client request) would affect 86 employees with a total cost of $914,010.52. Wishard explained that management had requested another structure that would include a compa-ratio to the current structure for exempt/non-exempt employees which would affect 180 employees, an adjustment to market for executive positions, and adjustment to current step for sworn incumbents at a total cost of $1,198,108.79. Assistant City Manager Butters stated that this structure could be implemented over two years and was a more comprehensive plan for employees overall. Direction from council was to provide additional information and have a special called meeting in November to further review the plan. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 9:09 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Scott, seconded by Councilman Jones to adjourn the meeting at 9:10 p.m. A vote was taken and the motion passed 7-0. v Eric Hogue, M yo ATTEST: OF �1 'flay �• re, 'aI Car le Ehrlich, Cit Secretary , -'' 'ai °` '` VAA - ��p COLORADO ;'NTA re RAllW4 • 01887° 9t4rEOFTEAS Minutes November 12, 2013 Wylie City Council Page 9