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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. Minutes April 22, 2014 Wylie City Council Page 1 • 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) Minutes April 22, 2014 Wylie City Council Page 2 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, Minutes April 22, 2014 Wylie City Council Page 3 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, Minutes April 22, 2014 Wylie City Council Page 4 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. Minutes April 22, 2014 Wylie City Council Page 5 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. Minutes April 22, 2014 Wylie City Council Page 6 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 Minutes April 22, 2014 Wylie City Council Page 7 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 Minutes April 22, 2014 Wylie City Council Page 8 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. (ti Eric Hogue, May ATTEST: rsi. F kl , __Li_ ,i,p_it,_ C role Ehrli 4 ity Secretary t /H .C °emu fe Rini°w°' f NI, a •o I887o of OF s Minutes April 22, 2014 Wylie City Council Page 9