04-22-2014 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, April 22, 2014-6:00 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 6:05 p.m. City Secretary Carole Ehrlich
took roll call with the following City Council members present: Mayor pro tem Rick White,
Councilwoman Diane Culver, Councilman Bennie Jones, Councilman Nathan Scott,
Councilman Keith Stephens, and Councilman Todd Wintters.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Police Chief, John Duscio; Planning Director, Renae 011ie; Finance Director, Linda Bantz;
City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Public Services
Director, Mike Sferra; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support
staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Former Mayor William Martin gave the invocation and Former Mayor Jim Swartz led the
Pledge of Allegiance.
PRESENTATIONS
• Presentation -Wylie Way Students 3rd 9 Weeks
Mayor Hogue and Mayor pro tem White presented medallions to students demonstrating
"Shining the Wylie Way." Each nine weeks one student from each WISD campus is chosen
as the "Wylie Way Student."
• Presentation—Joining Community Forces (Texas National Guard Armory- Wylie)
Texas Military Forces Family Program Specialist Kimberly Violett addressed council
stating some statistics regarding veterans in the DFW area. She explained the purpose of
Texas Military Forces Family Program is to give assistance to veterans and their families.
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Wylie City Council
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• Presentation of a donation of new recumbent bikes by Wylie Advocates of Senior
Activities (WASA) to the Wylie Senior Recreation Center. (R. Diaz, Parks & Rec
Superintendent)
Mayor Hogue introduced two of the board members from Wylie Advocates of Senior
Activities and former mayors of the City of Wylie. Former mayors Jim Swartz and William
Martin explained the recumbent bikes were purchased new, by WASA to donate to the city
for the new Senior Center formerly the Smith Public Library. The funding to purchase the
bikes came from events held by WASA to raise money for the center. Mayor Hogue
thanked WASA for their generous contributions.
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 invited council
and those present to the 25th annual Pedal Car Race in Historic Downtown Wylie on May
4, 2013. This event is sponsored by the WDMA.
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 April 8, 2014 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 March 31,2014. (L. Bantz, Finance Director)
C. Consider, and place on file, the City of Wylie Monthly Investment Report for March 31,
2014. (L. Bantz, Finance Director)
D. Consider, and place on file, the WEDC Financial Report for February 28, 2014. (S.
Satterwhite, WEDC Executive Director)
E. Consider, and act upon, authorizing the City Manager to execute a Development
Agreement between the City of Wylie and Bloomfield Homes, LP for reimbursement of
a portion of the construction cost of a 15-inch sanitary sewer line. (C. Hoisted, City
Engineer)
F. Consider,and act upon,approval and final acceptance of the reconstruction of West
Brown Street from Country Club Drive to Ballard Avenue and authorize final payment
to McMahon Contracting, LP in the amount of$356,798.70 and accept the project as
complete. (C. Hoisted, City Engineer)
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G. Consider,and act upon,a Final Plat for Woodbridge Phase 16, consisting of 25.803 acres
for 111 single family residential lots and 5 HOA open space lots,generally located north
of Sachse Road at Creek Crossing Drive. (R. 011ie,Planning&Zoning Director)
H. Consider, and act upon,Ordinance No.2014-12 annexing a certain 6.210 acres of land
situated in the Lewis M. Marshall Survey,Abstract No. 594 and the William Patterson
Survey,Abstract No. 716,Collin County,Texas, being a portion of a called 23.014 acre
tract of land described in the general warranty deed to Creekside Development VII,
LLC, recorded in Instrument No. 20130722001018620,official public records of Collin
County,Texas; providing for a penalty for the violation of this ordinance; providing for
the repeal of all ordinances in conflict; providing a severability clause; and providing
for an effective date. 2014-02A(R. 011ie,Planning&Zoning Director)
I. Consider,and act upon,Ordinance No.2014-13 annexing a certain 62 acres of land
situated in the Francisco de la Pina Survey,Abstract No. A0688,Collin County,Texas,
being comprised of the following tracts of land; a 1.500 acre tract of land conveyed to
Dot Marie Kreymer recorded in Volume 5066, Page 02965, Collin County deed records,
Collin County,Texas,a 3.465 acre tract of land conveyed to Crosscountry Villas,LLC,
a Texas Limited Liability Company recorded in Clerk's File No. 20131120001562630,
Real Property Records, Collin County,Texas,a 36.61 acre tract of land known as Tract
I,A 0.49 acre tract of land known as Tract II conveyed to Crosscountry Villas, LLC,a
Texas Limited Liability Company recorded in Clerk's File No.20110812000853240,
real property records,Collin County,Texas,a 4.00 acre tract of land conveyed to
Crosscountry Villas,LLC recorded in Clerk's File No. 20130524000716080, real
property records, Collin County,Texas,a total of 13.1309 acres of land and being Tract
I(3.00 acres)and Tract II (10.1309 acres) conveyed to Robert Kreymer and wife,
Phyllis Kreymer recorded in Volume 2967, Page 275,and being a part of a 10.1309 acre
tract of land known as Tract I and a part of a 3.00 acre tract of land known as Tract II
conveyed to Robert Kreymer and wife,Phyllis Kreymer recorded in Volume 2967,Page
268,deed records,Collin County,Texas; providing for a penalty for the violation of this
ordinance; providing for the repeal of all ordinances in conflict; providing a
severability clause; and providing for an effective date.2014-01A (R. 011ie,Planning&
Zoning Director)
Councilman Stephens asked that Consent Item I be pulled from Consent and voted on
individually. Consensus of the council was to remove and consider separately.
Council Action
A motion was made by Mayor pro tern White, seconded by Councilman Scott to approve
Consent Items A—H as presented. A vote was taken and the motion passed 7-0.
L Consider, and act upon, Ordinance No. 2014-13 annexing a certain 62 acres of land
situated in the Francisco de la Pina Survey, Abstract No. A0688, Collin County, Texas,
being comprised of the following tracts of land; a 1.500 acre tract of land conveyed to
Dot Marie Kreymer recorded in Volume 5066, Page 02965, Collin County deed records,
Collin County, Texas, a 3.465 acre tract of land conveyed to Crosscountry Villas, LLC,
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a Texas Limited Liability Company recorded in Clerk's File No. 20131120001562630,
Real Property Records, Collin County,Texas,a 36.61 acre tract of land known as Tract
1, A 0.49 acre tract of land known as Tract II conveyed to Crosscountry Villas, LLC, a
Texas Limited Liability Company recorded in Clerk's File No. 20110812000853240, real
property records, Collin County, Texas, a 4.00 acre tract of land conveyed to
Crosscountry Villas, LLC recorded in Clerk's File No. 20130524000716080, real
property records, Collin County, Texas,a total of 13.1309 acres of land and being Tract
I (3.00 acres) and Tract II (10.1309 acres) conveyed to Robert Kreymer and wife,
Phyllis Kreymer recorded in Volume 2967, Page 275, and being a part of a 10.1309 acre
tract of land known as Tract I and a part of a 3.00 acre tract of land known as Tract II
conveyed to Robert Kreymer and wife, Phyllis Kreymer recorded in Volume 2967, Page
268,deed records, Collin County, Texas; providing for a penalty for the violation of this
ordinance; providing for the repeal of all ordinances in conflict; providing a severability
clause; and providing for an effective date. 2014-01A (R. 011ie, Planning & Zoning
Director)
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Scott to approve
Consent Item 1 as presented. A vote was taken and the motion passed 6-0 with Mayor pro tern
White abstaining. (Conflict of Interest Affidavit on File)
REGULAR AGENDA
1. Consider and act upon, a Resolution No. 2014-08(R) of the City Council of the City of
Wylie, Texas, authorizing the sale of certain real property; authorizing the solicitation
of bids in connection with same; providing for repealing, savings and severability
clauses; and providing for an effective date. (J. Butters,Assistant City Manager)
Staff Comments
Assistant City Manager Butters addressed council stating that the Bail Pedicord Community Center is
located at 100 E Oak Street. 108 and 110 N. Jackson Street are the two lots which comprise the parking lot
North of the Bail Pedicord Center and adjacent to the Laundry Mat.
Staff received direction from Council to bring forward the possible sale of this property for consideration
during an Executive Session on 03-11-2014. The proposed resolution will initiate that process.
Council Action
A motion was made by Mayor pro tern White, seconded by Councilwoman Culver to adopt
Resolution No. 2014-08(R) of the City Council of the City of Wylie, Texas, authorizing the sale of
certain real property; authorizing the solicitation of bids in connection with same; providing for
repealing, savings and severability clauses; and providing for an effective date. A vote was taken
and the motion passed 7-0.
2. Consider, and act upon, Ordinance No. 2014-14 amending Ordinance No. 2013-35,
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which established the Budget for Fiscal Year 2013-2014; repealing all conflicting
ordinances; providing for a severability clause; and providing for an effective date. (L.
Bantz, Finance Director)
Staff Comments
Finance Director Bantz addressed council stating that the Mid-Year Budget amendments are generally
intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted
budget. The detail is attached for those items requested.
Council Action
A motion was made by Councilman Scott, seconded by Councilman Wintters to adopt Ordinance
No. 2014-14 amending Ordinance No. 2013-35, which established the Budget for Fiscal Year
2013-2014; repealing all conflicting ordinances; providing for a severability clause; and providing
for an effective date. A vote was taken and the motion passed 7-0.
3. Consider and act upon Ordinance No. 2014-15 repealing Ordinance No. 2009-11,
codified as Division 3 (Water Conservation and Drought Contingency and Water
Emergency Response Plan) of Article IV (Water) of Chapter 114 (Utilities) of the Wylie
Code of Ordinances and adopting a Water Conservation Plan to promote the
responsible use of water; requiring the filing of this ordinance and plan with the Texas
Commission on Environmental Quality; providing for penalties for the violation of this
ordinance; providing repealing, savings and severability clauses, an effective date and
for the publication of the caption hereof. (M. Sferra,Public Services Director)
Staff Comments
Public Services Director Sferra addressed council stating that the City Council adopted the current Water
Conservation Plan in April 2009. Title 30 Texas Administrative Code, Chapter 288 requires water systems
to update and resubmit their Water Conservation Plans to the Texas Water Development Board every five
years after initial adoption.
During the preceding months, representatives of the member cities met with North Texas Municipal Water
District (NTMWD) to discuss and revise the existing Model Water Conservation Plan that member cities
could adopt, with minor modifications to fit individual needs. The proposed plan is very similar to the
existing plan and should be an easy transition for water customers.
Council Action
A motion was made by Mayor pro tern White, seconded by Councilman Stephens to adopt
Ordinance No. 2014-15 repealing Ordinance No. 2009-11, codified as Division 3 (Water
Conservation and Drought Contingency and Water Emergency Response Plan) of Article IV
(Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water
Conservation Plan to promote the responsible use of water; requiring the filing of this ordinance
and plan with the Texas Commission on Environmental Quality; providing for penalties for the
violation of this ordinance; providing repealing, savings and severability clauses, an effective date
and for the publication of the caption hereof. A vote was taken and the motion passed 7-0.
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4. Consider and act upon Ordinance No. 2014-16 repealing Ordinance No. 2011-24,
codified as Division 2 (Drought Contingency Plan)of Article IV(Water) of Chapter 114
(Utilities) of the Wylie Code of Ordinances and adopting a Water Resource and
Emergency Management Plan to promote the responsible use of water; requiring the
filing of this ordinance and plan with the Texas Commission on Environmental Quality;
providing for penalties for the violation of this ordinance; providing repealing, savings
and severability clauses, an effective date and for the publication of the caption hereof.
(M. Sferra,Public Services Director)
Staff Comments
Public Services Director Sferra addressed council stating that the City Council adopted the current version
of Drought Contingency Plan in April 2011. Title 30 Texas Administrative Code, Chapter 288 requires water
systems to update and resubmit their Drought Contingency Plans to the Texas Water Development Board
every five years after initial adoption or as appropriate due to new or updated information.
The existing plan has four stages, and the proposed plan has three stages. Guidelines in Stage 1 of the
existing plan are essentially voluntary and less restrictive than measures outlined in the always-in-effect
Water Conservation Plan, so the guidelines in the new Stage 1 have been updated to be more relevant in
their implementation.
Also, the NTMWD recommends a change to three stages instead of the current four stages to be more
consistent with other large, regional water planning entities in the area. For instance, Tarrant Regional
Water District and Dallas Water Utilities currently have three stages in their Drought plans.
Sferra explained that regarding implementation, the Drought Contingency Plan established by Ordinance
No. 2011-24 shall continue to apply until such time as the drought contingency or water emergency
response stage currently in effect under the Drought Contingency Plan terminates and a less restrictive
stage is applicable. At such time, this Ordinance shall become effective, the Plan shall take effect and the
appropriate water resource management stage as provided in the Plan shall be initiated.
Sferra noted staff will perform public education activities by updating postings on the website, putting
information in the newsletter, and by using utility bill inserts.
Council Discussion
Mayor Hogue asked if all member cities would be in agreement with this plan. Sferra replied that
all member cities planned to adopt the new plan to implement later with the exception of the City
of Garland who opted to wait until the plan is implemented to adopt the new plan.
Councilwoman Culver asked where within the proposed plan it stated what the penalties would
be. How will the surcharge be implemented and how would it be regulated? Mayor Hogue replied
that North Texas Municipal Water District would initiate a surcharge fee to be used by all member
cities. Sferra noted a surcharge in the past has always been part of the plan, but in the last eight
or nine years it has never been implemented by the district. Councilwoman Culver stated that she
was not in favor of including a penalty for Stage 2 and Stage 3. She suggested removing the rate
surcharge from Stage 2. City Engineer Hoisted commented that the stages were a tool kit that
recommends options to meet the city's reduction goals. Any option implemented would require
council approval.
Councilman Stephens asked why the city was adopting this ordinance prior to its implementation.
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Public Services Director Sferra replied the City Attorney had added wording in the ordinance to
allow the adoption of the ordinance with a later implementation in order to meet a state
requirement for adoption.
Council Action
A motion was made by Councilwoman Culver to adopt Ordinance No. 2014-16 repealing
Ordinance No. 2011-12, codified as Division 2 (Drought Contingency Plan) of Article IV (Water) of
Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a Water Resource and
Emergency Management Plan to promote the responsible use of water; requiring the filing of this
ordinance and plan with the Texas Commission on Environmental Quality; providing for penalties
for the violation of this ordinance; providing repealing, savings and severability clauses, an
effective date and for the publication of the caption hereof; with the removal of the following in
Stage 2 page 4-10:
Requires Notification to TCEQ -Initiate a rate surcharge for all water use over a certain level.
The motion failed for lack of a second.
Council Action
A motion was made by Councilman Scott, seconded by Councilman Wintters to adopt Ordinance
No. 2014-16 repealing Ordinance No. 2011-12, codified as Division 2 (Drought Contingency Plan)
of Article IV (Water) of Chapter 114 (Utilities) of the Wylie Code of Ordinances and adopting a
Water Resource and Emergency Management Plan to promote the responsible use of water;
requiring the filing of this ordinance and plan with the Texas Commission on Environmental
Quality; providing for penalties for the violation of this ordinance; providing repealing, savings and
severability clauses, an effective date and for the publication of the caption hereof. A vote was
taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tem White, Councilman Stephens,
Councilman Wintters and Councilman Scott voting for and Councilwoman Culver voting against.
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 2014-12, 2014-13, 2014-14, 2014-15,
2014-16 into the official record.
Mayor Hogue convened into Executive Session at 8:06 p.m. reading the captions below.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001,etseq. Texas Government Code,to wit:
§§Sec. 551.072.DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING.
A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or
value of real property if deliberation in an open meeting would have a detrimental effect on its
negotiating position.
a. Section 551.071. Meeting with City Attorney to receive legal advice regarding the
following pending litigation, including but not limited to, any settlement offers related
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thereto:
i. Cause No. 416-00942-2010; Wylie Independent School District v. Bernadette R.
Reynolds,a/k/a Bernadette Reynolds, Barbara Ginder(in rem only) and the City of
Wylie,Texas, in the 416th Judicial District Court of Collin County,Texas; and
ii. Cause No. 429-02637-2013; City of Wylie, Texas v. Jose Francisco Luevano,
Yolando Luevano, in rem and in personam, Wells Fargo Home Mortgage, Inc.,
Federal Home Loan Mortgage Corp., and Wells Fargo Bank, N.A., in the 429th
Judicial District Court of Collin County,Texas.
Mayor Hogue reconvened into Open Session at 8:25 p.m.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session,including but not limited to:
a. Consider and act upon a Resolution No. 2014-09(R) regarding the abatement of the
substandard structure located at 200 S. 2nd Street, Wylie, Texas; authorizing the City
Manager to: (i) initiate a Chapter 54, TEX. LOC. GOV'T CODE, lawsuit, if deemed
necessary; (ii) execute any and all documents necessary to effectuate the abatement,
including but not limited to, any settlement regarding the lawsuit and/or abatement;
and (iii) take any and all actions deemed necessary by the City Manager to effectuate
the abatement; ratifying any and all actions taken and/or documents executed by the
City Manager prior to the effective date of this Resolution relating to the abatement;
providing for repealing, savings and severability clauses; and providing for an effective
date.
Council Action
Mayor pro tern White stated there was a typographical error in the posting and should read
Chapter 33 TEX PROP CODE rather than Chapter 54, TEX.LOC. GOV'T CODE.
A motion was made by Mayor pro tern White, seconded by Councilman Scott to adopt Resolution
No. 2014-09(R) regarding the abatement of the substandard structure located at 200 S. 2nd
Street, Wylie Texas; authorizing the City Manager to: (i) initiate a Chapter 33, TEX. PROP.
CODE, lawsuit, if deemed necessary;(ii) execute any and all documents necessary to effectuate
the abatement, including but not limited to, any settlement regarding the lawsuit and/or
abatement; and (iii) take any and all actions deemed necessary by the City Manager to effectuate
the abatement; ratifying any and all actions taken and /or documents executed by the City
Manager prior to the effective date of this Resolution relating to the abatement; providing for
repealing, savings and severability clauses; and providing for an effective date. A vote was taken
and the motion passed 7-0.
b. Consider and act upon a Resolution No. 2014-10(R) regarding the abatement of the
substandard structure located at 705 Jackson Avenue, Wylie, Texas; authorizing the
City Manager to: (i) initiate a Chapter 54, TEX. LOC. GOV'T CODE, lawsuit, if
deemed necessary; (ii) execute any and all documents necessary to effectuate the
abatement, including but not limited to, any settlement regarding the lawsuit and/or
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Wylie City Council
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abatement; and (iii) take any and all actions deemed necessary by the City Manager
to effectuate the abatement; ratifying any and all actions taken and/or documents
executed by the City Manager prior to the effective date of this Resolution relating to
the abatement; providing for repealing, savings and severability clauses; and
providing for an effective date.
Council Action
A motion was made by Councilman Scott, seconded by Councilman Jones to adopt Resolution
No. 2014-10(R) regarding the abatement of the substandard structure located at 705 Jackson
Avenue, Wylie, Texas; authorizing the City Manager to: (i) initiate a Chapter 54, TEX. LOC.
GOV'T CODE, lawsuit if deemed necessary; (ii) execute any and all documents necessary to
effectuate the abatement, including but not limited to, any settlement regarding the lawsuit and/or
abatement; and (iii) take any and all actions deemed necessary by the City Manager to effectuate
the abatement' ratifying any and all actions taken and/or documents executed by the City
Manager prior to the effective date of this Resolution relating to the abatement; providing for
repealing, savings and severability clauses; and providing for an effective date. A vote was taken
and the motion passed 7-0.
ADJOURNMENT
With no other business before the Wylie City Council, a motion was made by Councilman Scott,
seconded by Councilman Jones to adjourn the meeting at 8:29 p.m. A vote was taken and the
motion passed 7-0.
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Wylie City Council
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