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11-10-2015 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes City Council Meeting Tuesday, November 10, 2015 — 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 Ehrlich took roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tern Keith Stephens, Councilwoman Candy Arrington, Councilman Todd Wintters, Councilwoman Diane Culver, Councilman David Dahl, and Councilman William Whitney III. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Development Services Director, Renae 011ie; City Engineer, Chris Hoisted; Finance Director, Linda Bantz; Fire Chief, Brent Parker; Police Chief, Anthony Henderson; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Parker gave the Invocation and Finance Director Bantz led the Pledge of Allegiance. PRESENTATIONS • Wylie Way Students—First Nine Weeks Mayor Hogue and Mayor pro tern Stephens 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." • Proclamation declaring November 2015 as American Diabetes Month. (JR. May, American Diabetes Association) ..� Minutes November 10, 2015 Wylie City Council Page 1 Mayor Hogue read a proclamation designating November 2015 as American Diabetes Month in the City of Wylie. J.R. May representing the organization was present to accept the proclamation. .... • Presentation on new website. (C. Kelly, Public Information Officer) Public Information Officer Craig Kelly demonstrated the new City of Wylie website to Council and those present. He thanked staff members that served on the new website committee. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. 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. No citizens were present wishing to address Council during Citizens Comments. Mayor Hogue announced that he wished to convene into Executive Session at 6:20 p.m. Consensus of Council was to move into Executive Session. Mayor Hogue read the captions below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. 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. • Discussion regarding property generally located near the intersection of Country Club and Brown St. Mayor Hogue reconvened into Open Session at 7:04 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. There was no action taken as a result of Executive Session. 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. Minutes November 10, 2015 Wylie City Council Page 2 A. Consider, and act upon, approval of the Minutes of October 27, 2015 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) S B. Consider, and act upon, approval of Resolution No. 2015-24(R) authorizing the City Manager to execute an Interlocal Agreement with Collin County concerning the right of way acquisition and construction of McMillen Road from McCreary Road to Country Club Drive (FM 1378). (C. Hoisted, City Engineer) C. Consider, and act upon, approval of Resolution No. 2015-25(R) authorizing the City Manager of the City of Wylie, Texas to execute an Interlocal Agreement by and between Collin County and the City of Wylie for the Wylie Municipal Complex East Meadow Trail project. M. Sierra, Public Services Director) D. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2015-2016 in the amount of$30,786.63. (R. Orozco, Library Director) E. Consider, and act upon, Resolution No. 2015-26(R) authorizing the City Manager to execute an Interlocal Agreement with the Wylie Northeast Special Utility District concerning an interim wastewater agreement. (M. Manson, City Manager) F. Consider, and act upon,the approval of the purchase of a Vermeer 15" Brush Chipper from Vermeer Texas-Louisiana in the amount of $51,900.00 through a cooperative purchasing contract with Buy Board Cooperative Purchasing (#424-13), and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) G. Consider, and act upon, the award of bid #W2016-10-B for Caldwell Estates Addition Sidewalk A.C.T.I.O.N. Project to GT Construction Inc. in the amount of $99,960.00, and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing) H. Consider, and act upon, the approval of the purchase of Law Enforcement Uniforms from Red The Uniform Tailor in the estimated annual amount of$60,000; through an Interlocal purchasing agreement with the Collin County Governmental Purchasing Forum (CCGPF); and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) I. Consider, and act upon, the approval of the purchase of Laserfiche Avante document management software from MCCI, LLC in the amount of $51,454.18; through a Texas Department of Information Resources (DIR) purchasing contract (#DIR-SDD-2502) and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) Council Action A motion was made by Councilman Wintters, seconded by Councilman Whitney to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Minutes November 10, 2015 Wylie City Council Page 3 1. Hold a Public Hearing and consider, and act upon, approval of a Replat for Keller's First Addition, Lot 1R, Block 7; Being a Replat of Lot 1 and Lot 2, Block 7, establishing one --r single family residential lot on 0.376 acres, generally located on the southwest corner of College and Jackson Streets (203 College Street). RP 2015-02. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that the purpose of the Replat is to reconfigure two lots to establish one single-family residential lot on 0.376 acres. The property is zoned SF—10/24. 011ie stated the applicant has proposed building a single family home on the current Lot 1. However, the proposed structure is too large to fit on the current Lot 1 and conform to the required setbacks. As the applicant is the owner of lots 1-4 of Block 7, they are replatting Lots 1 and 2 into a single lot that will allow for the structure to be built as proposed. Planning Commission voted 6-0 to recommend approval of the Replat. Public Hearing Mayor Hogue opened the Public Hearing on Replat 2015-02 at 7:22 p.m., asking anyone present wishing to address Council to come forward. No one was present wishing to address Council. Mayor Hogue closed the Public Hearing at 7:23 p.m. Council Action A motion was made by Councilwoman Arrington, seconded by Councilman Whitney to approve a Replat for Keller's First Addition, Lot 1R, Block 7; Being a Replat of Lot 1 and Lot 2, Block 7, establishing one single family residential lot on 0.376 acres, generally located on the southwest corner of College and Jackson Streets (203 College Street). RP 2015-02. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Resolution No. 2015-27(R) casting a vote for a candidate to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1,2016. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the City of Wylie has 58 votes that they may cast for a candidate(s) to the Board of Directors of the Collin Central Appraisal District for a two year term beginning January 1, 2016. There are currently 5 positions open on the board with expiring terms. Council can cast all votes for one candidate or split votes among candidates. Mayor Hogue reported the City of Richardson had requested Wylie cast votes for Wayne Mayo, a long time member of the CCAD. Minutes November 10, 2015 Wylie City Council Page 4 Council Action A motion was made by Councilman Wintters, seconded by Councilman Whitney to cast all 58 -- votes for CCAD candidate Wayne Mayo. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Resolution No. 2015-28(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 1,2016. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the DCAD is requesting the Council cast one vote for candidates of the Suburban Cities. 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. Mayor Hogue stated that Mr. Blake Clemens had contact him asking for Council to cast their vote for his position. He asked if any other members had contacted Council. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Wintters to cast one vote for DCAD candidate Blake Clemens. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, Ordinance No. 2015-37, an Ordinance of the City Council of the City of Wylie, Texas, amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Chapter 18 (Animals), Article Iv (Animal Shelter Advisory Board), Sections 18- 123 (Number Of Members; Qualified Appointment; Terms) And 18-128 (Powers And Duties) To Clarify The Membership And Length Of Member Terms Of The Animal Shelter Advisory Board And To Modify The Board's Reporting Procedure; Providing A Savings/Repealing Clause, Severability Clause And An Effective Date; And Providing For The Publication Of The Caption Hereof. (S. Patton, Animal Control Supervisor) Staff Comments Assistant City Manager Butters addressed Council stating that the current Ordinance Sec. 18-123 does not clarify the membership qualified appointments as City of Wylie representatives for the board member serving in the position of daily operation of animal shelter nor member of city council. The clarification of one person whose duties include the daily operation of the animal shelter of the City of Wylie and city council member of the City of Wylie will improve the communication and functionality of the Animal Shelter Advisory Board to increase the effectiveness of the advisory capacity for the City of Wylie Animal Shelter Advisory Board. Councilwoman Culver stated that she felt the ordinance should read City of Wylie Animal Shelter Supervisor as a "permanent' member of the board to insure this staff member did not have to interview every two years. She suggested adding the assistant supervisor or designee in the event the shelter grew and had more management staff. Councilman Dahl agreed with the permanent position. Council Action .MAW Minutes November 10, 2015 Wylie City Council Page 5 A motion was made by Councilman Dahl, seconded by Councilwoman Culver to Ordinance No. 2015-37, an Ordinance of the City Council of the City of Wylie, Texas, amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Chapter 18 (Animals), Article lv (Animal -- Shelter Advisory Board), Sections 18-123 (Number Of Members; Qualified Appointment; Terms) and 18-128 (Powers And Duties) To Clarify The Membership and length of member terms of The Animal Shelter Advisory Board and to modify the Board's reporting procedure; Providing a Savings/Repealing Clause, Severability Clause and an effective date; providing for the publication of the caption hereof, and adding that the City of Wylie Animal Shelter Supervisor be a permanent position on the board. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, Ordinance No. 2015-38 amending exhibit "A" of the Ordinance No. 2015-27 and Section IX (Parks and Recreation) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances, Ordinance No. 2005-07, for the purpose of establishing fees for the use of the Brown House; providing a definition for the Brown House; Approving a policy for alcohol consumption at the Brown House; Providing a penalty clause, savings/repealing clause,severability clause and effective date; and providing for the publication of the caption hereof. (R. Diaz, Parks and Recreation Superintendent) Staff/Council Discussion Recreation Superintendent Diaz addressed Council stating that the ordinance before council is the revised and Park Board reviewed ordinance from the October work session with Council. It includes an alcohol policy based on direction from the work session. Diaz explained in order to begin the process of accepting paid reservations from the public; a set of fees is being recommended by the Parks and Recreation Board and requires approval by the City Council. Diaz stated the changes included a discount for non-profit organizations which includes WISD. The fee .0111 for the High School Legacy Tea would be free of charge, and the board recommended modifying minimums hours for event fees. Mayor Hogue stated that he believed the non-profit organizations should pay the same fees based on the uniqueness of the facility. Councilwoman Culver concurred stating that there were other venues that offered non-profit discounts. Mayor pro tern Stephens stated he saw this venue being used for special events by non-profits and should include a discount because all revenues raised by these organizations go to benefit citizens. Councilwoman Arrington and Councilman Wintters agreed. Mayor Hogue asked if other government jurisdictions should receive non-profit discounts. Mayor Hogue asked if the local and state organizations gave the City discounts. City Manager Manson replied she did not believe so. Mayor Hogue suggested leaving the discounts for non-profit only. Councilwoman Arrington agreed that only the Senior Tea should be discounted and all other WISD activities be at full price. Diaz noted changes to the Alcohol Beverage Policy, recommended by the City Attorney. They included: Alcoholic Beverages not be offered in an event where 50% of the attendees are underage. Diaz stated that the City Attorney recommended a percentage rather than number be included. Councilwoman Culver felt the percentage should be lower than 50%. She recommended 30% percent as a more appropriate percentage. Mayor pro tem Stephens stated he felt if any attendees were underage, no alcohol be served. Councilwoman Arrington agreed dropping the percentage and recommended 25%. Councilman Whitney agreed. Mayor pro tern Stephens requested the policy be changed to only allow alcohol for a single toast and for no other purpose. He stated that the consumption of alcohol could not be policed and he was against anyone serving alcohol other than a single toast. Minutes November 10, 2015 Wylie City Council Page 6 Mayor Hogue addressed Council stating that a motion in consideration of this ordinance was not only for the alcohol policy but for the fee schedules and rental requirements and any exceptions to fee charges. ,,,,,_ He asked for a motion. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Whitney, approving Ordinance No. 2015-38 amending Exhibit "A" of the Ordinance No. 2015-27 and Section IX (Parks and Recreation) of Appendix C (Wylie Comprehensive Fee Schedule) of the Wylie Code of Ordinances, Ordinance No. 2005-07, for the purpose of establishing fees for the use of the Brown House; providing a definition for the Brown House; approving a policy for alcohol consumption at the Brown House; providing a penalty clause, savings/repealing clause, severability clause and effective date; and providing for the publication of the caption hereof and amending the Ordinance to change the Alcohol Policy to read Alcoholic Beverages will not be offered in an event where 25% of the attendees are underage; and amend the fee schedule to read not-for-profit and remove the WISD from the discounted rates with the exception of the Senior Tea which would be no charge. A vote was taken and the motion passed 6-1 with Mayor Hogue, Councilman Wintters, Councilwoman Culver, Councilwoman Arrington, Councilman Whitney, and Councilman Dahl voting for and Mayor pro tem Stephens voting against. 6. Consider,and act upon, Resolution No. 2015-29(R) of the City of Wylie, Texas regarding the governance of the North Texas Municipal Water District and the consideration of the water supply contract; and providing for an effective date. (M. Manson, City Manager) Staff Comments �- City Manager Manson addressed Council stating that a work session was held in July of this year during which the City Council heard a report from the NTMWD Executive Director Tom Kula regarding the questions raised with respect to the ability of the Member Cities to replace their Board members at-will and the desire to reevaluate the current Water Supply Contracts with the member cities and customer cities. Since that time, there have been multiple meetings and discussions regarding both issues. At the most recent meeting initiated by the City of Garland, the request was made of the member cities that a Resolution be adopted by the respective City Councils declaring that the NTMWD Board Members serve at the will of the Cities and, as such, can be removed and replaced at any time. Manson explained that based on the comments made during the work session discussion in July, the Wylie Council believes that it is important to protect the knowledge base and continuity of the NMTWD Board, and that it would be detrimental to the region for Board membership to become political in nature. Manson noted there could be circumstances in which it may be necessary to remove a Board member, but only for"cause." With regard to the water supply contracts, staff believes that there is no reason not to review the contract to determine if there is a different equitable way to distribute the cost responsibilities. Information presented by a consultant hired by the cities of Garland, Plano, and Mesquite has not yet provided what we believe to be a viable alternative; however; there may be options available that would be satisfactory to all involved. Mayor Hogue addressed Council stating that the water district has contracts for each member city and as those contracts come up for renewal, the district is evaluating each contract. The North Texas Municipal Water District was established many years ago to serve the needs of all citizens in member/customer cities. He stated that the district must have funding to meet the current and future needs of the district and member cities. Minutes November 10, 2015 Wylie City Council Page 7 Hogue reported staff has prepared a Resolution indicating Wylie's support for the District Board of Directors to determine circumstances and cause for the possible removal of a Board member prior to the end of their term, and encouraging the District to initiate a comprehensive review of the water supply ,..W contracts for both the Member and Customer cities. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Wintters to approve Resolution No. 2015-29(R) of the City of Wylie, Texas regarding the governance of the North Texas Municipal Water District and the consideration of the water supply contract; and providing for an effective date. A vote was taken and the motion passed 7-0. 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 2015-37 and 2015-38 into the official record. WORK SESSION • Discussion regarding election polling places and administration of the 2016 General Election. (C. Ehrlich, City Secretary) City Secretary Ehrlich addressed Council stating that for the past 18 years the Collin County Elections Administration and/or the Rockwall County Elections Administration has administered the Wylie elections for Collin, Dallas, and Rockwall Counties. RCEA administer Chris Lynch has given notice that starting with the 2016 May elections, he will be administering only Rockwall County voters for Cities/ISD jurisdictions in Rockwall County. Collin County Elections administrator Sharon Rowe indicated the same three years ago. Wylie will now be required to contract with each county for their May elections and/or hold one or more county elections "in house." Below are two options the City Council may consider with regard to future elections. Option A— The City could contract with Collin County which includes the largest portion of our voters and facilitate the Dallas and Rockwall County voters by renting a DRE machine to qualify these voters. The costs would include an election judge and clerk (or shared election workers), paper ballots and 1 DRE-HAVA voting machine for early voting and one for election day voting. All Wylie voters would go to the same location to cast their votes. The 2015 Wylie General Election had 4 voters from Rockwall County and no voters from Dallas County cast a vote. The runoff election had 3 voters from Rockwall and no voters from Dallas. The majority of Wylie voters, casting votes in the City election were from Collin County. Costs associated with Option A would be between $12,000 and $13,200 depending on the number of Election Day polling places. Minutes November 10, 2015 Wylie City Council Page 8 Option B — The City contracts with Rockwall, Dallas, and Collin Counties to hold the General Election. Costs associated with Option B would be between $16,000 and $20,000 depending whether other jurisdictions can cancel their election and the City would hold the election alone for that polling place. Polling Place(s)for Election Day voting. The second request for direction involves Wylie's polling places. Since 1989 the City has held Election Day voting at two locations; that year Southfork Mobile Home Park was established as an election day polling place. Since that time, voter turnout at this location has declined. In the past three elections, an average of 30 voters has voted at this location. Ehrlich reported Wylie voters are accustomed to coming to the Smith Public Library for county, state, and federal elections, and for Wylie's early voting in May. Staff is recommending all election day voting be held at the Smith Public Library in lieu of Southfork Mobile Home Park and the First Baptist Church. The Smith Public Library is centrally located between the two current locations and would be less confusing to voters and more cost effective for the City. There have been occasions when the Southfork Mobile Home Park meeting room was unavailable and a smaller alternate location was offered, within the facility. The Smith Public Library has better access and space to hold the election. Direction from Council was to further investigate Option A for contracting with Collin County and staff administration of the Dallas/Rockwall County voters so all voters in Wylie could vote at the same polling location. Bring back legislation to change the City of Wylie Election Day Polling Place to the Smith Public Library for consideration by Council. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 8:52 p.m. ADJOURNMENT A motion was made by Mayor pro tem Stephens, seconded by Councilwoman Arrington to adjourn the meeting at 8:54 p.m. A vote was taken and the motion passed 7-0. r L . Eric Hogue, May ATTEST: �'. Ca le Ehrlich ity Secretary Minutes November 10, ,015 Wylie City Co tit , Page 9 \C-'-\\