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02-10-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, February 10, 2004 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North tvALl TO.Ol DER <. Mayor Mondy opened the meeting at 6:05 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Merrill Young, and Councilman J. C. Worley. Mayor Mondy reported that Councilman Shinn was out of the state and unable to attend. Staff present were: Acting City Manager, Mindy Manson, City Engineer, Chris Hoisted, Finance Director, Brady Snellgrove; Planning and Zoning Director, Claude Thompson; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. V'O ATIO & PLED E rF ALLEGIANc Reverend Mike Frick of the Faith Lutheran Church, led the invocation and Councilman Chris Trout led the Pledge. $001MATiON &i PRESENTATIONS . • " 2003 Outgoing Board and Commission Members Appreciation" Mayor Mondy and Mayor Pro Tern Hogue presented the 2003 outgoing board and commission members with certificates and plaques of appreciation for their service on the individual boards and commissions. (. 'IZ iN. P".ARTI IPATIOl Ms. Lissette Rodriquez residing at 202 S. Westgate Way stated that she would like to give her thanks to Councilwoman Allen and Councilman Young for voting to appeal the sidewalk ordinance. She challenged the council to form a citizen committee to help council find an alternative through the budget to finance the sidewalk repairs. Elizabeth Mills residing at 409 N. Ballard stated that she opposed the sidewalk ordinance because the sidewalks in her neighborhood had been in ill-repair for many years and she did not feel it was fair to require her, as a new resident of the area, to pay for the repair of her sidewalk. CONSEI' T A NDA All i �ers:.:i ed:unider the:.+ onsent:A .: da;are considered: :bie.routine..b thee Cot nc anti 17 6e ena dairy. :. .. t#!imslruss on:atI4g :>items:1F::d0pgsoO::j:*000.0d: :Wine g Wti.c gait o one.lnotla�n�.;:;;There:v�i�:x�ot:be.se.ura.........................:::.::::::::::::::.:::::::.::::.:::::::::::::::::.:::.:::.::::.:.....................a..........::::::::::::::::.::::.::::::.::::::::::.::::;:: from a onsen t:;Agenda Anil ll he considered:separately A. Approval of the Minutes from the Regular Meeting of January 27, 2004 B. Consider changes to the existing wrecker service contract. Authorize the City Manager to enter into C. Consider and act upon a request from the Girl Scout Troop 2426 of Wylie to sell Girl Scout Cookies at Community Park on February 21, 2004. Minutes—February 10,2004 Wylie City Council Page 1 D. Consider and act upon a request from the Wylie High School Girls Softball Program to sell concessions at Founders Park and Community Park for the Tanya Jo Thompson Memorial Softball Tournament in March 4-6, 2004. E. Consider and act upon approval of final acceptance of the Kirby Street/Stone Road Connector paving project and authorize final payment to JRJ Paving, in the amount of $13,198.12 and accept the project as complete. F. Consider and act upon approving Resolution #2004-06(R), ordering a General Election to be held jointly with the Wylie Independent School District and Collin County Community College District on May 15, 2004 for the purpose of electing two members, Place 1 and 3, to the Wylie City Council to fill expired terms. G. Consider and act upon the approval of a Joint Election Agreement between the City of Wylie, WISD, and Collin County Community College District for the May 15, 2004 General Election. Council Discussion Mayor Mondy made a recommendation that Item B be tabled to a non-specific date until full council could be present to address this issue. Council Action Mayor Pro Tern Hogue made a motion, seconded by Councilman Worley to remove Item B from the Consent Agenda and table that item to the next council meeting and approve Items A, C, 0, E, F, and G as presented. A vote was taken and passed 6-0 with Councilman Shinn absent. 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Receive input from citizens and discussion of existing sidewalk ordinance and alternatives for funding sidewalk repairs. Citizen Discussion Alicia White residing at 814 Forest Edge Lane, Wylie, Texas addressed council stating that she first would like to thank the Council, Ms. Manson and Ms. Ehrlich for placing her on the agenda for further discussion of the sidewalk issue and to thank Councilman Shinn and Mayor Pro Tern Hogue for communicating with her directly about their opinions pertaining to the sidewalk issue. Ms. White introduced Joel Hemphill and Matthew Gonderinger who assisted her \\ith the presentation. She stated that over the past few weeks, opinions and suggestions regarding the sidewalk issue had been presented, including a public internet forum, e-mail and multiple brainstorming sessions with citizens. She stated that all forms of communication had a unanimous conclusion, that the city should amend the current sidewalk ordinance and take full responsibility for the sidewalk repair. The rational behind this decision came from three main viewpoints: 1. City history of negligence pertaining to Wylie's infrastructure including sidewalks, therefore making the new sidewalk regulations a burden on current residents. 2. The economic effect on the elderly, low-income, and citizens affected by the down turn in job opportunities. 3. The current penalty imposed for those citizens who do not repair sidewalks were unfair. She went on to suggest some alternatives to the current ordinance which included: 1. allowing the sidewalk repair to be an annual budget item. 2. The cost of sidewalk repair to be spread evenly between the public and private sector. 3. Higher standards and stricter codes for the sidewalk construction need to be adopted and enforced by the city. 4. Request fees from commercial and residential developers to be earmarked for future sidewalk repairs. 5. Using 1999 bond funds for repair of some of the existing sidewalks. 6. Requiring homeo\\ners who have sidewalk repairs needed due to personal choices of landscaping pay for the repairs to their sidewalks. Ronnye Dunn residing at 410 W. Oak Street stated that her sewer line was caving in and asked if the city was going to repair the problem as it directly affected her sidewalk. She asked if the money included the repair of the sewer line. The mayor replied that would be addressed by the construction board. Minutes - February 10, 2004 Wylie Dty Council Page 2 --° Dale LeFevre residing at 416 W. Jefferson stated that his sewer line had been repaired by the city in the early nineties and stated that the repairs were not done properly causing his sidewalk to crack. He asked if those types of repairs would be taken care of by the city. Council Discussion Councilman Young stated that he had voted to repeal the sidewalk ordinance and would like to see some type of new ordinance to replace the current sidewalk regulations whereby in the future all new construction would require the homeowner to pay for sidewalk repairs and the repairs for construction now in existence would be repaired by the city. Councilman Young also stated that he felt the past infrastructure was constructed well. Mayor Mondy recommended that the planning and zoning board and the parks board look at the current landscaping requirements and the construction board look at the construction standards for sidewalks and to report back to council. He went on to suggest that staff review the budget to include rates and fees and report back to council. He further suggested looking at the bond rate to see if there is room for the sidewalk issue. He stated that the penalty for not conforming to the sidewalk regulations would not be enforced as long as this issue was under discussion and recommended a moratorium on the fines until this issue could be resolved. Councilwoman Allen suggested that council have a work session to decide on a solution to this issue and not drag it on too long. She went on to state that she was not in favor of including this in a bond issue. Consensus of council was to direct staff to bring an action item back to council at the next meeting to suspend enforcement of the penalties for the sidewalk regulations addressed in Ordinance#2003-26 and to research the recommendations put forth by the mayor and other council members and report back to council. 2. Consider and act upon authorizing the Wylie Economic Development Corporation(WEDC)to enter into a note with the Birmingham Land Trust for the purchase of±5.2 acres located near the intersection of F.M. 544 and Sanden Boulevard. Staff Comments WEDC Executive Director, Sam Satterwhite addressed council stating that since November 6, 2003, the WEDC had been developing an incentive package for Project "Bright Light" which could bring ±100 jobs and an $8 million investment to the Wylie community. Prior to the offering of an incentive package to "Bright Light", the WEDC was required to contractually secure the Birmingham tract so that the land could be offered within the package. In addition to the land, other incentives were currently being negotiated with the company. Mr. Satterwhite explained that the Birmingham Land Trust was originally asking $3.00 per square foot for the property. In an effort to negotiate a lower cost per square foot, the WEDC proposed a financing package through the Trust with terms of 60 months at 7% interest annually. Based upon the negotiated $2.00 per square foot sales price ($453,024), the financing package increased the Trust's yield to$2.25 per square foot over the life of the note. Mr. Satterwhite stated that while "Bright Light" was still considering the WEDC incentive package, the WEDC Board of Directors, directed staff to secure the property regardless of "Bright Light's" acceptance to the WEDC incentive package. This decision was made based upon a favorable purchase price, the increasing value of real estate in Wylie, and the difficulties involved in negotiating with a third party land owner during the process of relocating a company. Mr. Satterwhite stated that members of the board were also present to answer any question council may have. Council Discussion Mayor Mondy stated that as a member of the Birmingham Trust, he felt the property was being sold at a very reasonable price. He explained that the trust donates around $600,000. annually to provide education opportunities to the students in the Wylie Independent School District. Councilman Worley asked how many acres were available around the area being purchased. Mr. Satterwhite responded that there was approximately 30 acres of frontage on 544 or Sanden Blvd. with a single owner. About one half of the 30 acres was in a flood plain but due to a recent flood plain survey about half of the property currently in a flood plain would be removed. Councilman Worley then asked if the building would be the same size as Southern Fastening. Mr. Satterwhite stated that the proposed building would be an additional 40,000 square feet larger than Southern Fastening, bringing the total square footage to 100,000 square feet. He stated that the negotiations were going well with the company, but stated that the WEDC wished to purchase the property, regardless of whether the negotiations were finalized. Minutes—February 10,2004 Wylie City Council Page 3 --- Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to authorize the Wylie Economic Development Corporation to enter into a note with the Birmingham Land Trust for the purchase of 5.2 acres located near the intersection of F.M. 544 and Sanden Blvd.at a purchase price of$453,024. A vote was taken and passed 6-0 with Councilman Shinn absent. 3. Consider and act upon authorizing the City Manager to execute and award a contract to Birkhoff, Hendricks & Conway, L.L.P., Consulting Engineers, in the amount of$146,000 for engineering services related to the construction of the two million gallon Creekside elevated storage tank. Staff Comments City Engineer, Mr. Chris Hoisted addressed council stating that the water system for the City of Wylie currently operates on one pressure plane and consists of three water pump stations and two elevated storage tanks. The existing tanks located on South Ballard Ave. and Decker Court have a total capacity of 1,000,000 gallons. TNRCC requires that water systems with more than 250 connections have an elevated storage capacity of 100 gallons per connection and a pumping capacity of 2 gallons per minute per connection. He stated that currently,we have approximately 8,000 water connections,which equates to a required elevated storage capacity of 800,000 gallons and 16,000 gallons per minute (gpm) required pumping capacity. However, if an elevated storage capacity of 200 gallons per connection is provided (1,600,000 gallons), then the required pumping capacity is 0.6 gpm per connection or 4,800 gpm would be met. Two new pumps were recently added to the Newport Harbor pump station bringing the total pump capacity for the City of Wylie to 13,700 gpm which is 2,300 gpm less than the required amount. Upon completion of the new elevated tank, the City will have excess capacity in elevated storage and pumping to better serve the project growth over the next few years. He stated that currently updating the water system model and the water capital improvements plan will identify other system upgrades necessary to serve the projected growth over the next 10 years.Mr.Hoisted requested the approval of$146,000.for the engineering of the tank. Council Discussion Mayor Mondy asked Mr. Hoisted if the amount was reimbursed by impact fees. Mr. Hoisted stated that the initial contract will be fronted by the utility fund and reimbursed by water impact fees once the new tank is added to the current update. Councilman Young asked who constructed the last elevated tank. Mr. Hoisted stated that the Hogan Corporation had completed the last elevated tank. Councilman Worley asked if the new tank was the same size as the tank near Regency Park. Mr. Hoisted stated that it would be approximately two and one half times larger explaining that the one near Regency Park was a 750,000 gallon tank and the new one would be a 2,000,000 gallon tank. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to authorize the City Manager to execute and award a contract to Birkhoff Hendricks and Conway, L.L.P., consulting engineers in the amount of$146,000. for services related to the construction of the two million gallon Creekside Elevated Storage Tank. A vote was taken and passed 6-0 with Councilman Shinn absent. 4. Consider and act upon authorizing the City Manager to execute a change order with Rycon, Inc. in the amount of$50,210.00 for the replacement of the Valentine Creek sewer. Staff Comments City Engineer,Chris Hoisted addressed council stating that a construction contract was awarded to Rycon,Inc.for paving and utility improvements along Cottonbelt, Cooper, and Jackson Streets on November 11, 2003. The proposed change order includes the replacement of a deteriorated 12-inch clay-tile sewer line along Valentine Creek with a new 15-inch PVC sewer line. The worst section of the sewer line was replaced by Cullum Construction in May of 2002 and this project will complete the replacement. Funds were set aside in the budget for this project. Council Discussion Councilman Young asked if the city was getting close to terminating the clay sewer lines. Mr. Hoisted stated that there were ..w still quite a few clay lines,but the city was replacing them as quickly as funds allowed. Mayor Pro Tern Hogue asked if this item was included in the budgeted amount of$90,000.00. Mr.Hoisted replied that it was and the change order was for$50,210.00 which was less than was actually budgeted. Minutes—February 10,2004 Wylie City Council Page 4 Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to authorize the City Manager to execute a change order with Rycon, Inc. in the amount of$50,210.00 for the replacement of the Valentine Creek Sewer. A vote was taken and passed 6-0 with Councilman Shinn absent. 5. Consider and act upon council approval to filter the City of Wylie Library Computers to comply with Children's Internet Protection Act regulations. Staff Comments Library Director,Mignon Morse addressed council stating that the Children's Internet Protection Act requires public libraries to install Internet filtering software on all of its computers(public access and staff)if the library uses federal money(ERATE) to purchase Internet access. (t-1 line) The deadline to have filters in place is July 1, 2004. The Library receives$3500 a year for the t-1 line discount. Staff has researched filtering solutions and found they range in price. The initial costs range from $2500 to$6000 and annual costs range from$500 to$1000. Two lower costs solutions have been tested that are not feasible. Legally, staff is required to unblock the filter if a patron requests it. The staff has determined that it will be very time intensive to continually turn the filters on and off for patrons. The Library Board had a split vote of 3-3 on whether or not to filter the Library's computers. Council Discussion Mayor Mondy asked what the guidelines were for the filtering system and what did it prevent. Ms. Morse stated that their office tested on two different areas. The system blocked such things as Victoria's Secrets but at the same time,blocked some sites on the Civic War along with some pornography sites. She went on to explain that if a person located a site thni search engines such as Google, the filtering system did not filter at all as they were not set up to block searches, therefore leaving those sites open to the patrons. Councilman Hogue asked Ms. Morse what the percentage of children versus adults were using the internet. Ms. Morse stated "M that she did not have those figures but stated that there were quite a few of students using the internet in the afternoons. Councilman Trout asked what the cost was for the t-1 line. Ms. Morse responded that the cost was around$600. per month however with the filtering implemented would increase to around$900 per month. Councilman Trout then asked if there were any other alternatives to the t-1 line. Ms.Morse stated that she had not researched that area but could and report back to council. Council members had some concerns relating to a filtering system that did not have the technology to correctly filter the library computers but at the same time not having some type of system in place to block children from accessing adult sites. Ms. Morse stated that she could research possibilities to obtain a system that would control a child from accessing non-filtered computers and report back to council. Ms. Shirley Burnett, Chairman of the Library Board stated that the board had reached a tie pertaining to the filtering issue. She went on to explain that she voted not to filter to break the tie because she felt the filtering system that would be implemented was not effective. Council Action A motion was made by Councilman Young, seconded by Councilman Trout to table this issue, non-specific for further research by staff and report back to council. A vote was taken and passed 6-0 with Councilman Shinn absent. 6. Hold a Public Hearing and consider and act upon adopting Ordinance#2004-06 regarding the Standards of Care for Youth Programs. Staff Comments Parks Supervisor, Mr. Robert Diaz addressed council stating that this was the fifth adoption of an ordinance establishing the Standards of Care for Youth Programs for the City of Wylie. He explained that the Standards of Care for Youth Programs must be reviewed each year and a new ordinance adopted reflecting the approval of those standards in accordance with Texas Senate Bill 212 Section 42.041. Ordinance#2004-06 reflects no changes from last years review. Minutes—February 10,2004 Wylie City Council Page 5 Public Hearing Mayor Mondy opened the Public Hearing at 7:30 p.m. With no one present to address council,Mayor Mondy closed the Public Hearing at 7:31 p.m. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve Ordinance #2004-06 approving the Standards of Care for Youth Programs. A vote was taken and passed 6-0 with Councilman Shinn absent. READ NG OF €kRD T CE TITLE & 'CAPTION t .PPR:ONT BY O NCIL, REQUI� RY :.................. #2004-06 City Secretary, Carole Ehrlich read the caption to Ordinance#2004-06 into the official record. Mayor Mondy convened into work session at 7:45 p.m. • Discuss the Traffic Patterns around Birmingham Elementary and modification to or possible closure of the alleys at the north and east sides of the property. Council and staff discussed the traffic patterns around Birmingham Elementary and possible closure of the alleys at the north and east sides of the property. Council gave staff no direction at this time to allow council time to view the area in question. • Discussion of City Manager Transition. Council and staff discussed the interview process for the new city manager transition. Mayor Mondy reconvened into regular session at 8:20 p.m. With no further business before council,the meeting was adjourned at 8:21 p.m. s hn Mond ,M or SEAL ''• ••• s '''��� � A . ATTEST: Carole Ehrlich, 'ty Secretary Minutes—February 10,2004 Wylie City Council Page 6