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11-14-2016 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes City Council Meeting Monday, November 14, 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 pro tern Keith Stephens, Councilman David Dahl, Councilman Jeff Forrester, and Councilman William Whitney III. Councilwoman Candy Arrington and Councilwoman Diane Culver were absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Chris Hoisted; Development Services Director, Renae 011ie; Police Chief, Anthony Henderson; Finance Director, Linda Bantz; City Engineer, Tim Porter; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Spencer Hughes of Heavens Journey Fellowship Church gave the invocation and Police Chief Anthony Henderson led the Pledge of Allegiance. PRESENTATIONS • Wylie Way Students (E. Hogue,Mayor) Mayor Hogue and Mayor pro tem 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." • Presentation to Wylie Heat Special Olympics by Wylie PD&FD. Police Chief Anthony Henderson presented a check in the amount of $1,141.00 to the Wylie Heat Special Olympics. The Wylie Fire Rescue and Wylie Police Department, along with the Minutes—November 14, 2016 Wylie City Council Page 1 Wylie Heat Special Olympians competed in a flag football challenge to raise funds for the organization. • Presentation to the Wylie Police Department from the Dallas Magic Club. Frank Seltzer, President of the Dallas Magic Club, presented a check in the amount of$5,000 to the Wylie Police Department. Funds were raised for the Wylie PD through the Magic of Wylie Week. Seltzer thanked the Magic of Wylie sponsors and all the citizens who attended the magic shows. • Employee Milestone Anniversaries. (L.Fagerstrom,Human Resources Manager) Mayor Hogue and City Manager Mindy Manson presented awards to employees celebrating milestone years of service with the City. They included: • Stephanie Storm, Records Analyst—10 years • Joel Pieper, Streets Crewleader— 15 years • Ray Jackson, Fire Captain—15 years • Robert Ballard, Battalion Chief— 15 years • Presentation by Matthew Freeman,Director of the North Texas Chapter of the Texas Court Clerks Association and Court Administrator for the City of Frisco to Lisa Davis for achieving Level III Certified Municipal Court Clerk (CMCC), the highest level of achievement for clerk certification in Texas. Matthew Freeman, Director of the North Texas Chapter of the Texas Court Clerks Association, presented the Level Ill Municipal Court Clerk Certification (CMCC) to Municipal Court Supervisor Lisa Davis. He noted that only a few Municipal Court clerks in Texas have earned this highest achievement in Municipal Court education. Wylie Municipal Court Judge Maldonado praised Davis for the accomplishment. • Proclamation: Homeless Awareness Week. (E. Hogue,Mayor) Mayor Hogue read a proclamation proclaiming November 12 — November 18, 2016 as "Homelessness Awareness 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. No citizens were present wishing to address Council during Citizens Comments. 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 14,2016 Wylie City Council Page 2 A. Consider,and act upon,approval of the Minutes of October 25,2016 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) 111 B. Consider, and act upon, Ordinance No. 2016-27 amending Planned Development 2013-37- Single Family District(PD2013-37-SF)to allow for a 5' rear encroachment on approximately 350 acres, generally located east of Sachse Road/Ballard Ave. and south of Pleasant Valley Road.ZC2016-12 (R. 011ie, Development Services Director) C. Consider, and act upon, approval of a Preliminary Plat for Dominion of Pleasant Valley, Phase 2. The Plat will create 212 single family residential lots and multiple open space areas on 62.142 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located at the southeast corner of Sachse Road and Pleasant Valley Road. (R. 011ie, Development Services Director) D. Consider,and act upon,approval of a Final Plat for New Haven at Wylie Addition,creating one lot on 3.126 acres, generally located on the northeast corner of Brown Street and Westgate Way. (R. 011ie, Development Services Director) E. Consider, and act upon, approval of a Final Plat for two single family lots on 6.398 acres within Wylie's ETJ generally located on Bozman Road between Stone Road and Troy Road. (R. 011ie, Development Services Director) F. Consider,and act upon,approval of a Final Plat for Kreymer Estates Phase 4,developing 78 of lots, generally located south of east Brown Street and west of W.A. Allen Boulevard. (R 011ie, Development Services Director) G. Consider, and act upon,Resolution No. 2016-27(R) authorizing the City Manager to execute an Interlocal Agreement for Communications Center and Dispatch Services between the Branch Fire Department and the City of Wylie. (B.Parker, Fire Chief) H. Consider, and act upon, the approval of the purchase of a Responder Rescue Apparatus from Maintainer Custom Bodies Inc. in the estimated amount of $179,209.13 through a cooperative purchasing contract with The Houston-Galveston Area Council (H-GAC), and authorizing the City Manager to execute any necessary documents. (G. Hayes,Purchasing) I. Consider, and act upon, the approval of the purchase of a Focus 3D Imaging System from FARO Technologies Inc. through a cooperative purchasing contract with the State of Texas Multiple Award Schedule (TxMAS) program in the amount of$71,669.00, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) J. Consider, and act upon, the approval of the purchase of a storage area network, license, software and support from CDW-G LLC, in the amount of$77,478.36 through a State of Texas Department of Information Resources (DIR) contract, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing) K. Consider, and act upon, approval of Resolution No. 2016-28(R) authorizing the City Manager to execute a release of easement for a sanitary sewer easement located on the property at 2205 East Stone Road. (C. Holsted,Asst. City Manager) L. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of September 30, 2016. (S. Satterwhite, WEDC Director) Minutes—November 14,2016 Wylie City Council Page 3 M. Consider,and act upon,Resolution No.2016-29(R) authorizing Mayor Eric Hogue to act on behalf of the City of Wylie and sign all closing documents related to the donation of a 43.683 acre tract of land to Collin College,further described as Lot 2,Wylie Civic Center Addition; and providing for an effective date. (M.Manson, City Manager) Council Action A motion was made by Councilman Dahl, seconded by Councilman Forrester to approve the Consent Agenda as presented. A vote was taken and the motion passed 5-0 with Councilwoman Culver and Councilwoman Arrington absent. REGULAR AGENDA Tabled from 10-25-2016 Remove from table and consider Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Whitney to remove Item #1 from the table and consider. A vote was taken and the motion passed 5-0 with Councilwoman Culver and Councilwoman Arrington absent. 1. Consider,and act upon,Ordinance No.2016-18 authorizing the annexation of approximately 5.23 acres of land situated in the Francisco De La Pina Survey, Abstract No. A0688, Tract 126,Collin County,Texas,located 1023 Kreymer Lane(1023 Private Road 5259). 2016-02A (R. 011ie,Development Services Director) Council Action A motion was made by Councilman Forrester, seconded by Councilman Whitney to approve Ordinance No. 2016-18 authorizing the annexation of approximately 5.23 acres of land situated in the Francisco De La Pina Survey, Abstract No. A0688, Tract 126, Collin County, Texas, located 1023 Kreymer Lane (1023 Private Road 5259). 2016-02A. A vote was taken and the motion passed 5-0 with Councilwoman Culver and Councilwoman Arrington absent. Tabled from 10-25-2016 Remove from table and consider Council Action A motion was made by Councilman Forrester, seconded by Councilman Dahl to remove Item#2 from the table and consider. A vote was taken and the motion passed 5-0 with Councilwoman Culver and Councilwoman Arrington absent. 2. Consider,and act upon,Ordinance No.2016-26 authorizing the annexation of 4.165 acres of land situated in the R.D.Newman Survey,Abstract No.660,Collin County,Texas,located at 2701 Hwy 78. (R. 011ie,Development Services Director) Minutes—November 14, 2016 Wylie City Council Page 4 Staff/Council Comments Development Services Director 011ie stated that the applicant had requested the withdrawal of this annexation. Council Action A motion was made by Councilman Dahl, seconded by Mayor pro tern Stephens to accept the withdrawal of the annexation of 4.165 acres of land situated in the R.D. Newman Survey, Abstract No. 660, Collin County, Texas, located at 2701 Hwy 78 by the property owner. A vote was taken and the motion passed 5-0 with Councilwoman Culver and Councilwoman Arrington absent 3. Consider, and act upon, Ordinance No. 2016-28 amending Chapter 74 Offenses And Miscellaneous Provisions,Adding Article XI—Smoking Regulations, providing for a penalty for the violation of this ordinance; providing for repealing,savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (R. 011ie, Development Services Director) Staff Comments Development Services Director 011ie addressed Council stating that at its work session held February 9, 2016, the City Council directed Staff to draft an ordinance that would put into place requirements that govern the circulation of air flow in restaurants that choose to allow smoking. All new food service establishments must declare whether it will allow smoking within the facility. If smoking is allowed, it must dedicate separate smoking and non-smoking areas. Declared smoking areas shall install Designated Smoking Area Independent Ventilation systems (DSAIV) as a method to prevent the movement of smoke from designated areas to nonsmoking areas. 011ie explained that this legislation would be grandfathered for any business that currently allowed smoking, however if a business currently did not allow smoking and wanted to allow smoking, the requirements in this ordinance would have to be met. She noted that letters explaining the new requirements would go out to all existing restaurants and food establishments. Councilman Whitney commented that he believed this regulation was another overreach by government on businesses and added another overhead for businesses in Wylie who chose to allow smoking. Council Action A motion was made by Councilman Dahl, seconded by Councilman Forrester to approve Ordinance No. 2016-28 amending Chapter 74 Offenses And Miscellaneous Provisions, Adding Article XI — Smoking Regulations, providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 4-1 with Mayor Hogue, Mayor pro tern Stephens, Councilman Forrester and Councilman Dahl voting for and Councilman Whitney voting against. Councilwoman Culver and Councilwoman Arrington were absent. 4. Consider, and act upon, Resolution No. 2016-30(R) authorizing and approving WEDC Resolution 2016-01(R) adopted by the Board of Directors of the Wylie Economic Development Corporation authorizing a loan in the aggregate amount of$2,000,000 from The American National Bank of Texas and pledging the VZ cent sales tax for economic development as collateral to secure the repayment of said loan. (S. Satterwhite, WEDC Director) Minutes—November 14, 2016 Wylie City Council Page 5 Staff Comments Wylie Economic Development Corporation Executive Director Sam Satterwhite addressed Council stating that the WEDC Board of Directors met on October 28, 2016 and approved the attached Resolution which authorizes the borrowing of$2,000,000 from The American National Bank of Texas and the pledging of the WEDC 1/2 cent sales tax for economic development as collateral for the repayment of the same. The loan proceeds will be used to fund the purchase of 4.79-acres from Dallas Whirlpools, Ltd. Satterwhite explained the Dallas Whirlpools property, located at 908 West Kirby, was initially targeted by the WEDC for acquisition to complement an adjacent 4.79-acre tract owned by the City of Wylie. The relative narrow width of the City tract (239') and the Dallas Whirlpools tract (243') would be difficult to develop independently. Of further benefit to the redevelopment effort, the WEDC owns 2.7 acres on Commerce Street which is adjacent and to the west of the Dallas Whirlpools tract. The WEDC anticipates master-planning the three tracts to support pad development fronting 544 and office/flex space to the rear of the site. It is further contemplated that an access easement can be platted from 544 and Business Way could be extended east from Commerce Street creating enhanced ingress/egress to support new commercial development. Council Action A motion was made by Councilman Whitney, seconded by Mayor pro tem Stephens to approve Resolution No. 2016-30(R) authorizing and approving WEDC Resolution 2016-01(R) adopted by the Board of Directors of the Wylie Economic Development Corporation authorizing a loan in the aggregate amount of$2,000,000 from The American National Bank of Texas and pledging the '/2 cent sales tax for economic development as collateral to secure the repayment of said loan. A vote was taken and the motion passed 5-0 with Councilwoman Culver and Councilwoman Arrington absent 5. Consider, and act upon, Ordinance No. 2016-29, an Ordinance of the City Council of the City of Wylie, Texas, amending Wylie's Code of Ordinances, Ordinance No. 2005-07, as amended, Appendix C (Wylie Comprehensive Fee Schedule), Section I (Water and Sewer Fees), Subsection 0 (Penalty) and Section 2-3 (Fee for using credit/debit card to purchase city services) of Article 1 (in general) of Chapter 2 (administration) to remove provisions requiring the assessment of a fee for the processing of a payment by credit or debit card and the assessment of a fee for the acceptance of such payment online; authorizing the acceptance of payment by credit or debit card of fees,fines,court costs or other charges and authorizing the collection of a service charge if,for any reason,a payment by credit or debit card is not honored; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption of this Ordinance. (L. Bantz, Finance Director) Staff Comments Finance Director Bentz addressed Council stating that to provide a better service level for our utility billing and municipal court customers; staff is proposing the City Council consider implementing an advanced account access and online payment system. The current utility billing online access only allows a customer to submit a payment and they must know the dollar amount to pay. The new online system would allow utility billing customers to see current amount owed in addition to prior account history of water usage, charges and payments, and usage graphs. The court does not currently accept online payments. The additional services included for those customers would enable them to make certain payments online. Examples are attached showing the new information that would be available for our customers to access if this is implemented. 111 Minutes—November 14,2016 Wylie City Council Page 6 Bantz explained that currently there is a $3.00 fee charged for in person/telephone credit/debit card payments and a $1.75 fee charged for online payments. Staff is proposing that credit card fees be paid as an operating cost as part of the City's budget. State law prohibits the City from charging more than 5% of the transaction amount as a fee. We are anxious to provide more online services to significantly improve our services to our customers. This will make these payments more convenient for our customers thus increasing our collections of amounts owed to the City. Cost to the Utility Fund for these fees for improved services for utility billing customers were largely included in the water and sewer rate study the Council discussed on July 26, 2016. The new rate structure includes fees of approximately $100,000 for the City to absorb the costs for online utility billing payments. An additional cost of $40,000 would be experienced for the City to absorb fees for in person/telephone credit/debit card payments. Cost to the General Fund would be approximately$50,000. Attached is a survey we did of our peer cities which shows that the majority do not charge these fees to their utility billing customers and a high percentage do not charge in the court. Earlier in 2016 the City began absorbing credit/debit card fees for cards used at the Recreation Center and saw a very positive response. City departments are also being asked to review other fees as part of an overall fee review. Council Action A motion was made by Mayor pro tem Stephens, seconded by Councilman Whitney to approve Ordinance No. 2016-29 amending Subsection 0 (Penalty) of Section 1 (Water and Sewer Fees) of the Wylie Comprehensive Fee Schedule, and Section 2-3 (Fee for using credit/debit card to purchase city services) of Article 1 (in general) and of Chapter 2 (administration) as provided for in Agenda Item #5. A vote was taken and the motion passed 5-0 with Councilwoman Culver and Councilwoman Arrington absent 6. Consider, and act upon,Resolution No. 2016-31(R) of the City Council of the City of Wylie, Texas, authorizing the purchase of EMONEY® Credit & Debit processing services from ETS Corporation for the Utility Billing and Courts departments,as a sole source purchase in the estimated annual amount of$80,000 and authorizing the City Manager to execute any necessary documents. (G. Hayes. Purchasing) Staff Comments Finance Director Bantz addressed Council stating that as internet technology, security and ease of use becomes more prevalent for Wylie citizens, the Finance Department has been planning for the expansion of payment services for the Utility Billing and Courts Departments. The expansion methodology must provide a seamless interface with the City's financial system (Incode) and its banking partner(JP Morgan Chase), as well as provide easy to use screens for citizens. After researching companies approved by Incode, Staff selected ETS Corporation,the sole source provider of EMONEY®Credit& Debit processing services, as providing the best fit and solution. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Dahl to approve Resolution No. 2016-31(R) of the City Council of the City of Wylie, Texas, authorizing the purchase of EMONEY® Credit & Debit processing services from ETS Corporation for the Utility Billing and Courts departments, as a sole source purchase in the estimated annual amount of $80,000 and authorizing the City Manager to execute any necessary documents. A vote was taken and the motion passed 5-0 with Councilwoman Culver and Councilwoman Arrington absent 7. Consider, and act upon, the resignation of Mitch Herzog and the appointment of new board member to the Wylie Economic Development Corporation Board of Directors to fill a vacant Minutes—November 14, 2016 Wylie City Council Page 7 • seat for a term beginning November 1, 2016 and ending June 30, 2019. (C. Ehrlich, City Secretary) Staff Comments Mayor Hogue asked Mayor pro tem Stephens who chaired the 2016 interview panel if there were any applicants that met the qualifications for this board. Mayor pro tem Stephens replied Mr. Bryan Brokaw has all the qualifications to serve on this board and has been contacted and is willing to serve. Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Forrester to accept the resignation of WEDC Board member Mitch Herzog and appoint Bryan Brokow to fill the WEDC Board of Directors vacancy for a term beginning November 1, 2016 and ending June 30, 2019. 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 2016-27, 2016-18, 2016-28, and 2016-29 into the official record. ADJOURNMENT A motion was made by Mayor pro tem Stephens, seconded by Councilman Dahl to adjourn the meeting at 7:25 p.m. A vote was taken and the motion passed 5-0 with Councilwoman Culver and Councilwoman Arrington absent. Eric Hogue, M•ror ATTEST: C role Ehrlich, i Secretary ' _ ,I,j5A(,';f � pj4fl Pk RA SDµiO44, 0188 o I Minutes—November 14, 2016 Wylie City Council Page 8