01-26-2016 (City Council) Minutes Wylie City Council
CITY OF WYLIE
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Minutes
City Council Meeting
Tuesday, January 26, 2016 —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 tem Keith
Stephens, Councilman Todd Wintters, Councilman David Dahl, and Councilman William
Whitney III. Councilwoman Candy Arrington and Councilwoman Diane Culver were absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Development Services Director, Renae 011ie; City Engineer, Chris Hoisted; Assistant Finance
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Director, Melissa Beard; Public Services Director, Mike Sferra; WEDC Executive Director, Sam
Satterwhite; 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
Former Mayor William Martin gave the Invocation and Former Mayor Jim Swartz led the Pledge
of Allegiance.
PRESENTATIONS
• Presentation to the City of a donation of$13,370.49 from the Wylie Advocates for Senior
Activities (WASA) as a contribution toward the purchase of an intercom system for the
Wylie Senior Recreation Center. (R. Diaz, Parks and Recreation Superintendent
Members of the Wylie Senior Activities presented a check for $13,379.49 as the final donation
from the organization which will be closed. Treasurer Jim Swartz thanked the City Council and
staff for assisting with the new Senior Center construction. Swartz noted that the organization
would like the funds to be used toward the purchase of a sound system for the center.
• Proclamation declaring the week of February 15`h — Wylie ISD Education Foundation
Week.
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Wylie City Council
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Members of the Wylie ISD Education Foundation were present to receive a proclamation from
Mayor Eric Hogue and members of the City Council designating the week of February 15th as
Wylie ISD Education Foundation Week 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.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.
Najib Gazi, representing the East Plano Islamic Center, invited members of the Council to the
grand opening of the new Islamic Center to be held February 20, 2016.
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 January 12,2016 Regular Meeting of the
Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2016-02(R) of the City Council of the City of Wylie,
Collin, Dallas and Rockwall Counties, Texas, ordering the General Election to be
administered by the Collin County Elections Administrator and the City of Wylie on May 7,
2016, for the purpose of electing the positions of two (2) members (Place 1 and Place 3) of
the Wylie City Council, to hold office for a period of three(3)years; Designating locations of
polling places; Designating filing deadlines; Ordering Notices of Election to be given as
prescribed by law in connection with such election. (C. Ehrlich, City Secretary)
C. Consider, and act upon, Resolution No. 2016-03(R) of the City Council of the City of Wylie,
Collin, Dallas and Rockwall Counties, Texas, appointing election officials for the General
Election on May 7,2016, for the purpose of electing the positions of two (2) members (Place
1 and Place 3)of the Wylie City Council. (C. Ehrlich, City Secretary)
D. Consider,and act upon,approval of a Final Plat creating 57 single family residential lots and
3 open space lots on 28.019 acres for the Braddock Place Phase 5 Subdivision, generally
located west of FM 544 at the Vinson/County Line road split. (R. 011ie, Development Services
Director)
E. Consider, and act upon, a motion to approve Ordinance No. 2016-01 an Ordinance of the
City Council of the City of Wylie, Texas, amending Wylie's Code of Ordinances, Ordinance
No. 2005-07, as amended, adding article VII (Municipal Setting Designations) to chapter 42
(Environment); Providing for Municipal Setting Designations to prohibit the use of
groundwater in designated areas; amending the Code of Ordinances to add Section XIII
(MSD Application Fee) of Appendix C (Wylie Comprehensive Fee Schedule) for the purpose
of establishing an MSD Application Fee; Providing a penalty clause, savings/repealing
clause, severability clause and an effective date; and providing for the publication of the
caption hereof. (J. Butters, Asst. City Manager)
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F. Consider, and act upon, a motion to approve Resolution No. 2016-04(R) of the City Council
of the City of Wylie, Texas, authorizing the Texas Coalition for Affordable Power, Inc.
(TCAP) to negotiate an electric supply agreement for five years for deliveries of electricity
effective January 1,2018; authorizing TCAP to act as an agent on behalf of the City to enter
into a contract for electricity: Authorizing Mindy Manson or Jeff Butters to execute an
electric supply agreement for the deliveries of electricity effective January 1, 2018 and
committing to budget for energy purchases in 2018 through 2022 and to honor the City's
commitments to purchase power for its electrical needs in 2018 through 2022 through TCAP.
(J. Butters, Asst. City Manager)
G. Consider, and place on file, the City of Wylie Monthly Investment Report for December 31,
2015. (L. Bantz, Finance Director)
H. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for
December 31,2015. (L. Bantz, Finance Director)
I. Consider, and act upon, the request from the Run for Heroes Event for a vendor fair at Olde
City Park on April 2, 2016, with rain date of April 9, 2016. (R. Diaz, Parks & Recreation
Superintendent)
J. Consider,and act upon,approval of Ordinance No. 2016-02 establishing the maximum speed
limits on East Brown Street proceeding from SH 78 to WA Allen Boulevard. (C. Hoisted,
City Engineer)
K. Consider, and place on file, the Animal Shelter Advisory Board report to City Council
regarding the meeting held on January 13,2016. (S. Patton, Animal Control Supervisor)
Mayor Hogue announced staff had requested Consent Item E be pulled from the Consent
Agenda and be considered individually. Councilman Dahl requested Item J be pulled from the
Consent Agenda and be considered individually. Consensus of Council was to pull Consent
Items E and J from consideration on the Consent Agenda.
Council Action
A motion was made by Councilman Wntters, seconded by Councilman Whitney to approve
Consent Items A, B, C, D, F, G, H, I, and K as presented. A vote was taken and the motion
passed 5-0 with Councilwoman Culver and Councilwoman Arrington absent.
REGULAR AGENDA
E. Consider, and act upon, a motion to approve Ordinance No. 2016-01 an Ordinance of
the City Council of the City of Wylie, Texas, amending Wylie's Code of Ordinances,
Ordinance No. 2005-07, as amended, adding article VII (Municipal Setting
Designations) to chapter 42 (Environment); Providing for Municipal Setting
Designations to prohibit the use of groundwater in designated areas; amending the
Code of Ordinances to add Section XIII (MSD Application Fee) of Appendix C (Wylie
Comprehensive Fee Schedule) for the purpose of establishing an MSD Application Fee;
Providing a penalty clause, savings/repealing clause, severability clause and an effective
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Wylie City Council
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date; and providing for the publication of the caption hereof. (J. Butters, Asst. City
Manager)
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Staff Comments
Assistant City Manager Butters addressed Council stating that the ordinance presented in the packet for
review did not include an application fee for Municipal Setting Designations. Butters reported staff was
recommending a fee of$100 to be included in the proposed ordinance on page 13.
Council Action
A motion was made by Councilman Whitney, seconded by Mayor pro tem Stephens to adopt
Ordinance No. 2016-01 an Ordinance of the City Council of the City of Wylie, Texas, amending
Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, adding article VII (Municipal
Setting Designations) to chapter 42 (Environment); Providing for Municipal Setting Designations
to prohibit the use of groundwater in designated areas; amending the Code of Ordinances to
add Section XIII (MSD Application Fee) of Appendix C (Wylie Comprehensive Fee Schedule)for
the purpose of establishing an MSD Application Fee of $100; Providing a penalty clause,
savings/repealing clause, severability clause and an effective date; and providing for the
publication of the caption hereof. A vote was taken and the motion passed 5-0 with
Councilwoman Culver and Councilwoman Arrington absent.
J. Consider, and act upon, approval of Ordinance No. 2016-02 establishing the
maximum speed limits on East Brown Street proceeding from SH 78 to WA
Allen Boulevard. (C. Hoisted, City Engineer)
Staff Comments
City Engineer Hoisted addressed Council stating that East Brown Street from SH 78 to W.A. Allen
Boulevard is currently posted at 40 mph, and this 3,600 feet of roadway contains 5 street, 1 alley, and 6
driveway intersections on the south side. Two of the street intersections have reduced sight visibility due
to the topography of Brown Street and the intersection location. Staff recommends reducing the speed to
30 mph which will also reduce the required stopping sight distance for the intersections and increase
safety. Also, additional signs will be installed giving advance notice of the intersection.
Councilman Dahl reported some speed limit inconsistencies with other roadways in Wylie going east and
west. He stated that when driving the road on the west section of Brown the speed limit is 35 miles; once
crossing SH 78 it would become 30 miles. Dahl stated that he had concerns that drivers would not
realize the change in speed and continue at a higher speed. He suggested leaving the speed at 35 mph
crossing SH 78, until the dip in the road where West Brown intersects with Kreymer Estates and blind
spots then reduce the speed to 30 mph at that point; also include dangerous entry sign. He noted his
desire was to have an enforceable and comprehensive speed limit that drivers can project by basic rule.
Hoisted replied the speed limit on Brown east and west was based on the design of the road. There are
considerable differences in topography of east and west Brown which is the reasoning behind the
difference in speed.
Councilman Whitney asked City Engineer Hoisted if a traffic study had been done on the roadway.
Hoisted replied it had not. He asked Hoisted if going from 40 mph to 30 mph would improve safety.
Would it be better to place monitoring system or signage instead? Hoisted stated that going 40 mph to 30
mph in stopping site distance is quite a bit different. The residents of Kreymer Estates brought this to our
attention as did staff having concerns after driving the road.
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Mayor pro tern Stephens noted he was pleased to see this item come on the agenda as he had concerns
with the current speed and the hazards on that roadway. Councilman Wintters concurred requesting staff
place some good signage to alert drivers to the change.
Council Action
A motion was made by Councilman Wintters, seconded by Councilman Dahl to approve Ordinance No.
2016-02 establishing the maximum speed limits on East Brown Street proceeding from SH 78 to WA
Allen Boulevard. A vote was taken and the motion passed 4-1 with Mayor Hogue, Mayor pro tern
Stephens, Councilman Wintters, and Councilman Dahl voting for, and Councilman Whitney voting
against. Councilwoman Culver and Councilwoman Arrington were absent.
1. Hold the 2nd Public Hearing for the annexation of an approximate 1.207 mile segment of
Pleasant Valley Road from Elm Grove to the Dallas County Line. 2016-01A. (R. 011ie,
Development Services Director)
Staff Comments
Development Services Director 011ie addressed Council stating that this annexation is at the request of
Dallas County and defined as Orphan Roads. Orphan Roads are all, or part, of a street or road right-of-
way, which is outside the incorporated limits of a municipality (or municipalities) and the incorporated area
of the municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments
have, in effect, been `orphaned" by the abutting city (or cities) that they serve in that they have been left
unincorporated.
Public Hearing
Mayor Hogue opened the second public hearing on the annexation (2016-01A) at 7:11 p.m.
asking anyone present wishing to address Council to come forward.
Two persons were present wishing to address Council in opposition of the annexation.
Mayor Hogue closed the public hearing at 7:18 p.m.
Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries.
This annexation is being conducted in compliance with Sections 43.052(h)(2) and 43.063 of the
Local Government Code.
Notice published for Public Hearings December 23, 2015 and January 6, 2016
First Public Hearing January 12, 2016
Second Public Hearing January 26, 2016
Adoption of Ordinance February 9, 2016
2. Hold a Public Hearing and consider, and act upon, approval of a Replat for Arbor Acres,
Block A,Lot 1R-2, to create one commercial lot on 2.077 acres,located at 16 Steel Road.
(R. 011ie, Development Services Director)
Staff Comments
Development Services Director 011ie addressed Council stating that property totals 2.077 acres and will
create one commercial lot. A portion of the subject property is zoned PD2011-10-1 while the remaining
portion is zoned Light Industrial. 011ie commented the building would be constructed and providing its
own green electricity.
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Wylie City Council
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Steve Houser, applicant, addressed Council stating that he had been a resident of the City for many
years and was very proud to build a totally"green" building.
Public Hearing
Mayor Hogue opened the public hearing on the Re-plat for Arbor Acres at 7:25 p.m. asking anyone
present wishing to address Council to come forward.
There were no citizens present wishing to address Council.
Mayor Hogue closed the public hearing at 7:26 p.m.
Council Action
A motion was made by Councilman Dahl, seconded by Mayor pro tern Stephens, to approve a
Replat for Arbor Acres, Block A, Lot 1 R-2, to create one commercial lot on 2.077 acres, located
at 16 Steel Road. A vote was taken and the motion passed 5-0 with Councilwoman Culver and
Councilwoman Arrington absent.
3. Consider, and act upon, the acceptance of the resignation of William Hiney and to appoint a
new member to the Zoning Board of Adjustment for the unexpired term of June 2014 to
June 2016. (R. 011ie, Development Services Director)
Staff Comments
Development Services Director 011ie addressed Council stating that staff is requesting the appointment of
a new Zoning Board of Adjustment member to replace Mr. William Hiney, who has recently resigned his
position as of January 18, 2016. 011ie requested Council consider Alternate Zoning Board member
Andres Gonzalez to move to the permanent position. She explained that with one alternate still remaining
Council could wait until the Board and Commission Appointments in June to fill the other alternate
position.
Council Action
A motion was made by Councilman Dahl, seconded by Councilman Wintters to accept the resignation of
William Hiney and to appoint Andres Gonzalez to the Zoning Board of Adjustment for the unexpired term
of June 2014 to June 2016. A vote was taken and the motion passed 5-0 with Councilwoman Culver and
Councilwoman Arrington absent.
4. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR)
for FY 2014-2015 after a presentation by the audit firm of Weaver L.L.P. (L. Bantz, Finance
Director)
Staff Comments
Assistant Finance Director Melissa Beard addressed Council stating that the City Charter in Article VII,
Municipal Finance, Section 13: Independent Audit requires that at the end of the fiscal year an
independent audit be made of all accounts of the City by a certified public accountant. In compliance with
the City Charter, our outside auditor, Weaver has performed an audit as of September 30, 2015. This is
the second year for the audit to be performed by Weaver after their selection to continue as the City's
independent auditors following an RFP process done during 2014. Prior to that Weaver had served as
the City's auditors for six years.
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Beard introduced Mr. John DeBurro, Senior Audit Manager with Weaver, who provided a brief
presentation of the CAFR, including the Independent Auditors' Report. He reported that Weaver had
WOWfound the audit to be an unmodified opinion. He explained that Weaver had issued the Independent
Auditor's Report on Internal Control over Financial Reporting and on compliance and other matters based
on an audit of financial statements performed in accordance with Government Auditing Standards. An
unmodified report is the best reporting a city can receive where no deficiencies were found. Mr. DeBurro
reviewed some of the highlights of FY 2014-2015 CAFR with council and those present. A complete copy
of the FY 2014-2015 CAFR is on file for review.
Council Action
A motion was made by Mayor pro tem Stephens, seconded by Councilman Whitney to accept and place
on file the Comprehensive Annual Financial Report (CAFR) for FY 2014-2015 by the audit firm of Weaver
L.L.P. A vote was taken and the motion passed 5-0 with Councilwoman Culver and Councilwoman
Arrington absent.
Presentation of the Wylie Economic Development Corporation Annual Report.
5. Consider, and place on file, the 2015 Wylie Economic Development Corporation Annual
Report. (S. Satterwhite, WEDC Director)
WEDC Executive Director Sam Satterwhite delivered the 2015 Annual Report to the Wylie City
Council. This report provided a financial overview and condition of the Corporation as well as
an update on 2015 business activity and 2016 Goals & Objectives. The report noted that for the
fifteenth consecutive fiscal year, sales tax collections increased over prior year figures with a
13.4% gain over 2014 and receipts totaling $2,191,785.
The WEDC reported the following breakdown of expenditures: $768,396 on grants and
engineering services directly attributed to incentive packages, $1,858,520 on the purchase of
real property, $272,191 on personnel services, $131,855 on marketing and promotion, and debt
service of$795,654. In FY 2015-2016, the WEDC is contractually obligated to fund $1,608,018
in direct incentive programs including sales tax rebate programs for infrastructure improvements
executed with Direct Development, Clark Street, and B&B. The WEDC also had $202,400 in
income from the lease of WEDC facilities, and $11,958 in income from a loan receivable.
Finally, the WEDC ended the FY 2014-15 with a fund balance of$1,367,391.
In addition to the Exco project, the WEDC finalized negotiations on seven commercial projects
in 2015 totaling 107,000 square feet and $16 mm in new investment
The WEDC acquired 10 properties that complement areas being targeted for redevelopment. In
early 2016, the WEDC will finalize purchase of 398 S. Hwy 78 and relocate Mann Made to
industrial site on Business Way. This purchase culminates a nine-year effort and completes the
assembly of a five acre contiguous tract on Highway 78 between Starbucks and Wylie Printing.
This redevelopment zone will be a primary focus for new business development in 2016.
Mr. Satterwhite also added that while the WEDC had very little to do with this project, the EPA
has begun the clean-up of a Superfund site near the intersection of F.M. 544 and 78. Many
staff members have worked on this project over the past twenty years with staff noting that it
was not until Congressman Pete Sessions became involved in negotiations with the EPA that
progress was made. Mayor Hogue inquired as to the status of City funding for the clean-up with
staff responding that the EPA is bearing 100% of the cost.
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In 2016, the WEDC will concentrate their efforts toward facilitating the development of the KCS
property along Highway 78, working with a new investor which acquired the BARIX Hospital
property, and continuing to address the issues surrounding the development of WEDC property ..w
on Jackson Street for mixed-use development that complements Wylie's Historic Downtown.
6. Consider, and act upon, approval of Resolution No. 2016-05(R) authorizing the City
Manager to execute an Interlocal Agreement with the North Texas Municipal Water District
concerning the reconstruction of Eubanks Lane from SH 78 to the NTMWD entrance. (C.
Hoisted, City Engineer)
Executive Summary
City Engineer Hoisted addressed Council stating that the North Texas Municipal Water District (NTMWD)
has multiple entrances into their property and plant site with the main truck entrance being located on
Eubanks Lane just north of the railroad crossing. The westbound SH 78 to northbound Eubanks turn is
difficult for large trucks to navigate, and as a result, they are currently using Spring Creek and Centennial
to access Eubanks and the main truck entrance. Also, due to the amount of trucks using Eubanks, the
paving is in poor condition and requires constant maintenance by our public works department.
Hoisted explained staff has been working with NTMWD to develop an agreement for the reconstruction of
Eubanks from SH 78 to the NTMWD entrance. The interlocal agreement outlines the project
responsibilities and cost participation for each entity. Engineering and right of way acquisition would be
the responsibility of the City of Wylie at a projected cost of $387,000. The construction of the project
would be split with NTMWD paying 80% and the City of Wylie paying 20% of the cost as shown in the
attached project cost share table. NTMWD would also pay 100% of a proposed westbound deceleration
and turn lane on SH 78 at Eubanks(TxDOT approval is required).
Hoisted noted the improvements to Eubanks Lane are included in the Thoroughfare Capital
Improvements Plan and Impact Fee Calculation. Staff recommends using impact fee funds for the
engineering and right of way acquisition. The current west zone thoroughfare impact fee balance is
approximately$950,000. A funding source for the construction of the project has not yet been identified.
Council Action
A motion was made by Councilman Wintters, seconded by Councilman Whitney to approve
Resolution No. 2016-05(R) authorizing the City Manager to execute an Interlocal Agreement
with the North Texas Municipal Water District concerning the reconstruction of Eubanks Lane
from SH 78 to the NTMWD entrance. A vote was taken and the motion passed 5-0 with
Councilwoman Culver and Councilwoman Arrington absent.
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 2016-01 and 2016-02 into the
official record.
Mayor Hogue convened into Executive Session at 8:28 p.m. reading the captions below.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
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Wylie City Council
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§§Sec. 551.074. PERSONNEL MATTERS; CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
(1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal
of a public officer or employee; or
(2) to hear a complaint or charge against an officer or employee.
(b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or
hearing requests a public hearing.
• City Manager Evaluation. (M. Manson, City Manager)
Mayor Hogue reconvened into Open Session at 9:43 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.
ADJOURNMENT
A motion was made by Mayor pro tern Stephens, seconded by Councilman Dahl, to adjourn the
meeting at 9:45 p.m. A vote was taken and the motion passed 5-0 with Councilwoman Culver
and Councilwoman Arrington absent.
Eric Hogue, May r
ATTEST:
Carole Ehrlich, Ci Secretary
•
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