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08-26-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, August 26, 2008 —6:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; Police Chief, John Duscio; Fire Chief, Randy Corbin; Human Resource Manager, Lynn Fagerstrom; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Alvis Nichols representing the Wylie Church of Christ gave the invocation and Boy Scout Troop 552 led the Pledge of Allegiance. Troop members present were: Adam Bowling, Tyler Sims, Ethan Sims, and Eric Sims. Troop leader is Greg Sims. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address Council during Citizens Comments. PRESENTATIONS • Presentation of the Battle of the Badges Award. (J. Duscio, Police Chief/R. Corbin, Fire ChieJ Michael Gonzales representing Carter Blood Care presented the second annual Battle of the Badges Award to the Wylie Fire Department. He explained that the first year the Wylie Police Department had the most blood donations but this year 78 volunteers from the Fire Department came to the center to donate blood. He reported that the Wylie Police Department collected 60 donations of blood during the drive. Chief Corbin thanked Mr. Gonzales on behalf of the Wylie Fire Department. Minutes—August 26, 2008 Wylie City Council Page 1 • Presentation to Citizens Emergency Response Team (CERT) graduates. (R. Corbin, Fire Chief) Fire Chief Randy Corbin addressed Council stating that the CERT of Wylie program is a resource for Emergency Management here in Wylie. The cornerstone of a CERT program is citizen all-hazard disaster preparedness. The individuals, who attend CERT training, learn how to prepare for a disaster, and those that choose, can assist or augment professional first responders, by providing assistance to their neighborhoods, help organizing untrained volunteers, and provide real time disaster assessments for the Wylie Emergency Operations Center(EOC). Citizens receiving their CERT Certificates included: Kristin (Kris) Sands, Peggy Dooley, Kimberly Weems, Marlene Baptiste, Chris Larson, Lauren Perry, Meshach Baptiste, Paul Curtis, Jack Rickert, Donald Ables, Mike Dooley Dennis Gibbons, and Stephen Gilbert. 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 separ''ately. A. Consider, and act upon, approval of the Minutes from the August 12, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a proposal from United Healthcare for Fiscal Year 2008- 2009 and Fiscal Year 2009-2010 medical, dental and prescription drug coverage under our current broker, The Wylie Insurance Agency and acceptance of a continuation of long-term disability and life insurance coverage from Lincoln National. (L. Fagerstrom, Human Resources Manager) C. Consider, and act upon, a Preliminary Plat creating two Commercial Corridor Lots for Stewart Addition on 2.168 acres, located at 400 East Alanis Drive. (R. 011ie, Planning Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of July 31,2008. (L. Williamson, Finance Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2008. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. Minutes—August 26, 2008 Wylie City Council Page 2 REGULAR AGENDA Mayor Hogue asked that Item #8 be considered first. Consensus of Council was to move to Item #8. 8. Consider, and act upon, the acceptance of the resignation of Frankie Delgado, Board Member for the Parks and Recreation Board and the appointment of a new member to the Parks and Recreation Board for the unexpired term of July 2007 to July 2009. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that staff is requesting the appointment of a new Parks and Recreation Board member to replace Mr. Frankie Delgado, who is resigning in order to prepare for deployment of his U.S. Marine Reserve Unit later this year. Chapter 78, section 78-25 (Vacancies) of the Wylie Code of Ordinances states: "Should a vacancy occur in the membership of the parks and recreation board, the city council shall appoint a successor for the unexpired term". In order to be in conformance with Chapter 78 Section 25 of the code, it is recommended that an appointment be made to fulfill the unexpired term of July 2007 to July 2009. Presentation Mayor Hogue asked Mr. Frankie Delgado to come forward and bring his family. He thanked Mr. Delgado for his service to the Wylie Parks and Recreation Board and presented him with a Certificate of Appreciation. He thanked Mr. Delgado for his service to his country and for the second tour he will be making to Iraq. He reported that Mr. Delgado is a member of the United States Marine Reserves Unit deploying to Iraq later this year. Mr. Delgado received a standing ovation. Council Discussion Mayor Pro Tem Byboth stated that it would be very difficult to replace Mr. Delgado who has served on this board for some time. He reported that the 2008 Council Interview Panel (Mayor Pro Tem Byboth, Councilwoman Spillyards, and Councilman White)were recommending Joy Cortinas to fill the vacancy on the Parks and Recreation Board. He explained that Ms. Cortinas was a new resident to Wylie and had previous experience volunteering within the City Manager's Office in Plano. He commented that the panel believed she would be a good addition to the Parks Board. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to accept the resignation of Parks and Recreation Board member Frankie Delgado and appoint Joy Cortinas to fill the unexpired term of July 2007 to July 2009. A vote was taken and the motion passed 7- 0. Public Hearings 1. Hold the second Public Hearing on the proposed tax rate of$0.8989 for Fiscal Year 2008-2009 and provide taxpayers an opportunity to express their views on the tax rate; and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed tax rate. (L. Williamson, Finance Director) Minutes—August 26, 2008 Wylie City Council Page 3 Staff Comments Finance Director Williamson addressed Council stating that in accordance with the "Truth in Taxation" laws of the State of Texas, on August 12, 2008, the City Council took a roll call vote on the proposed tax rate and scheduled two public hearings on the tax rate. The first public hearing was held on August 21, 2008. This is the second public hearing. The purpose of both public hearings is to give the taxpayers an opportunity to express their views on the tax rate. Public Hearinss Mayor Hogue opened the Public Hearing for the proposed tax rate at 6:29 p.m. asking anyone present wishing to address Council on this item to come forward and limit their comments to 3 minutes. David Andrews, residing at 3004 Hinnant Drive, Wylie, Texas spoke against the proposed tax rate increase. Gina Carroll, residing at 3201 Melvin Drive, Wylie, Texas spoke against the proposed tax rate increase. Gilbert Tamez Sr., residing at 3104 Hinnant Ct., Wylie, Texas spoke against the proposed tax rate increase. Kevin Caldwell, residing at 1512 Peggy Loftice, Wylie, Texas spoke against the proposed tax rate increase. Richard Hanley, residing at 1514 Peggy Loftice, Wylie, Texas spoke against the proposed tax rate increase. Eric Smith, residing at 3410 Melvin Drive, Wylie, Texas spoke against the proposed tax rate increase. Grace Morrison, residing at 118 Glen Knoll, Wylie, Texas spoke in favor of the proposed tax rate increase. Catherine and Matt Butschek, residing at 1755 FM 1378, Wylie, Texas spoke against the proposed tax rate increase. Barbara Watson, residing at 2933 Montague Trails, Wylie, Texas read a letter by Sarah Beth Meyer in favor of the proposed tax rate increase. Marisol Lopez, residing at 3026 Reagnea Drive, Wylie, Texas spoke against the proposed tax rate increase. Eric Beckerwerth, residing at 3404 Abelia, Wylie, Texas spoke against the proposed tax rate increase. Julie Livingston, residing at 702 Baldwin Road, Wylie, Texas spoke against the proposed tax rate increase. Courtney Gober, residing at 904 Silver Sage, Wylie, Texas spoke in favor of the proposed tax rate increase. Gabriel Guevara, residing at 3026 Hinnant Drive, Wylie, Texas spoke against the proposed tax rate increase. Cheri Wilkinson, residing at 950 Oakbrook, Wylie, Texas spoke against the proposed tax rate increase. Abigail Smith, residing at 3410 Melvin Drive, Wylie, Texas spoke against the proposed tax rate increase. Jeff Duffee, residing at 3018 Hinnah Drive, Wylie, Texas spoke in favor of the proposed tax rate increase. James Cole, residing at 1505 Lynn Drive, Wylie, Texas spoke against the proposed tax rate increase. Minutes-August 26, 2008 Wylie City Council Page 4 Tom Langston, residing at 1355 Country Club Road, Wylie, Texas spoke against the proposed tax rate. Jeff Perryman, residing at 3405 Evelyne Drive, Wylie, Texas spoke neither in favor nor against the proposed tax rate increase but offered options for taxpayers to offset the higher tax rate. With no other citizens present to speak, Mayor Hogue closed the Public Hearing at 8:25 p.m. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to set and announce the date of September 9, 2008, at 6:00 p.m. at the Wylie Municipal Complex, Council Chambers as the place at which time the City Council will vote on the final proposed tax rate for FY 2008-2009. A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing on the Fiscal Year 2008-2009 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item on the proposed budget; and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed budget. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that a Public Hearing is required to be held on the fiscal year 2008-2009 Proposed Budget and schedule the time and place that the vote will be taken on the proposed budget. All interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. At the end of the hearing, the City Council will schedule the time and place that the vote will be taken on the proposed budget. Public Hearings Mayor Hogue opened the Public Hearing for the proposed budget at 8:28 p.m. asking anyone present wishing to address Council on this item to come forward and limit their comments to 3 minutes. No one was present to address Council on the proposed FY 2008-2009 Budget. Mayor Hogue closed the Public Hearing at 8:28 p.m. Council Action A motion was made by Councilman White, seconded by Councilman Porter to set and announce the date of September 9, 2008, at 6:00 p.m. at the Wylie Municipal Complex, Council Chambers as the place at which time the City Council will vote on the final proposed budget for FY 2008-2009. A vote was taken and the motion passed 7-0. General Business 3. Consider, and act upon, approval of a request from Wylie Church of Christ for Abandonment of 1,747 square feet (0.0401 acres) of Right-of-Way located at the western boundary of Duncan Way in the Caldwell Estates Addition. (R. 011ie, Planning Director) Minutes—August 26, 2008 Wylie City Council Page 5 Staff Comments Planning Director 011ie addressed Council stating that the applicant, Wylie Church of Christ is requesting that the City of Wylie abandon a portion of the west end of Duncan Way to allow for expansion on their existing facility located at 901 South Ballard and to allow for adequate parking. The portion of right-of- way as depicted in Exhibit No. 1 is currently being used as a public dead-end street with barricade. She explained that the Wylie Church of Christ is the sole property owner of all properties adjacent to subject public rights-of-way. She explained that after the applicant's surveyor had completed his review, it was found that the actual square footage for abandonment is 1,817 sq. ft. She requested the motion include this revised square footage. Ms. 011ie stated that staff had reviewed the request and determined that the ROW contains no utilities other than a 6" water line that runs east and west through the center of Duncan Way. Public utility companies using or entitled to use portions of the public right-of-way/utility easement have consented to the abandonment(Exhibit No. 3 in the agenda packet). The City receives no tax revenue from right-of-way property. If the right-of-way is converted to a private ownership that is a tax exempt entity, the city would continue to receive no taxes on this property. Right- of-way abandonment requires only Council action and no review by any Board or Commission. However, before the right-of-way may be used for private purposes it must be incorporated into a plat or a replat approved by the Planning and Zoning Commission and City Council. Planning Director 011ie reported that the applicant has submitted a Replat for review pending approval of this abandonment request. In accordance with Section 2.12 of the Subdivision Ordinance the applicant shall have six months from the date of City Council approval of abandonment to submit and file a replat with Collin County to incorporate the abandoned right-of-way into the adjacent platted lot(s). The replat shall also establish utility and access easements. Applicant/Council Discussion Kevin Moore(applicant representative), 104 Shiloh Road, Garland, Texas addressed Council stating that the Wylie Church of Christ is requesting to increase the square footage of the church by 1,800 sq. ft. He reported that the Church was planning to provide all landscaping, parking, and irrigation required by the City for the new add on. Councilman Young asked Mr. Moore if the Church was planning to bring the improvements up to code for the old portion of the church as well as the addition. Mr. Moore replied that the landscaping, parking, and other code requirements were for the addition only. The old building will remain the same and will not be up to code due to the ADA compliance and fire sprinklers. Mayor Hogue asked Planning Director 011ie if the old building would be within code once the addition was approved. Ms. 011ie reported that staff was still reviewing the site plan; however, if the new addition met the 20% requirements for the entire building then the applicant would be in compliance. She reported that the site plan will go before Planning and Zoning Commission and City Council for final approval. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve a request from Wylie Church of Christ for Abandonment of 1,817 square feet of Right-of-Way located at the western boundary of Duncan Way in the Caldwell Estates Addition. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, Resolution No. 2008-34(R) authorizing the Mayor to enter into an Interlocal Cooperation Agreement with the Southeast Collin County EMS Coalition for Regional Emergency Medical Services/Ambulance Service. (R. Corbin, Fire Chief) Minutes—August 26, 2008 Wylie City Council Page 6 Staff Comments Fire Chief Corbin addressed Council stating that the Southeast Collin County EMS Coalition was formed in 1997 allowing participating entities to participate in a cooperative agreement to solicit proposals for a regional contract to provide emergency medical services/ambulance service at a cost no entity could achieve on their own. Since the original signing of the Interlocal Agreement between Southeast Collin County Coalition members, several cities have joined and terminated their association with the Coalition causing many addendums to the original Interlocal Agreement. The Resolution presented tonight will authorize the Mayor to enter into a new Interlocal Cooperation Agreement with the Southeast Collin County EMS Coalition. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Resolution No. 2008-34(R) authorizing the Mayor to enter into an Interlocal Cooperation Agreement with the Southeast Collin County EMS Coalition for Regional Emergency Medical Services/Ambulance Service. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, Ordinance No. 2008-39 approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the Company's Rate Review Mechanism Filing in all Cities Exercising Original Jurisdiction; declaring existing rates to be unreasonable; adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; approving Atmos' Proof of Revenues; adopting a Savings Clause; determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; and requiring delivery of this Ordinance to the company and legal counsel. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the City, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos" or "Company"), are members of the Atmos Cities Steering Committee ("ACSC"). On April 14, 2008, Atmos filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM") tariff approved by the City earlier this year. The Company's April RRM filing seeks a $33.5 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos to support its request to increase rates. The Ordinance and attached tariff approving rates that will increase the Company's revenues by $20 million effective October 1, 2008, are the result of negotiation between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The monthly bill impact for the average residential customer is$0.81. Council Action A motion was made by Councilman Young, seconded by Councilman Goss to approve Ordinance No. 2008-39 approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid Tex Division regarding the company's Rate Review Mechanism Filing in all Cities Exercising Original Jurisdiction; declaring existing rates to be unreasonable; adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; approving Atmos' Proof of Revenues; adopting a Savings Clause; determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; Minutes—August 26, 2008 Wylie City Council Page 7 declaring an effective date; and requiring delivery of this Ordinance to the company and legal counsel. A vote was taken and the motion passed 7-0. 6. Consider,and act upon, Resolution No. 2008-35(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to Springwell Parkway. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the construction of Springwell Parkway south of FM 544 has recently started. One parcel of right of way at the intersection of FM 544 remains to be acquired. The parcel is approximately 33,662 square feet. Approval of the Resolution authorizes the City Manager to proceed with the acquisition of the remaining parcel by purchase or condemnation. Mr. Hoisted reported that both he and WEDC Executive Director Satterwhite had exhausted all negotiates in good faith for a settlement offer for this property. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to approve Resolution No. 2008-35(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to Springwell Parkway. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, authorizing the City Manager to approve the Memorandum of Understanding (MOU) between the City of Wylie and the Wylie Independent School District to provide Law Enforcement services for the school district. (J. Duscio, Police Chief) Staff Comments Police Chief Duscio addressed Council stating that the City is currently operating under a Memorandum of Understanding (MOU) that was created in 2001. The MOU is outdated and generic and has not been updated to include the new campuses and use of certain WISD technologies. The new MOU is more specific to roles and responsibilities and has been approved by the WISD board of trustees. He reported that the cost for these services is shared equally between the WISD and the City of Wylie. Mayor Hogue asked where the resource officers were when not working for the school district. Police Chief Duscio stated that the officers were working for the City when not involved at the schools. Councilman Goss asked if there were updates in the MOU. Police Chief Duscio reported that Crisis Planning was added to the Memorandum and some technology assists was added such as video surveillance and their computer systems. Councilman Young stated that he had a conflict of interest on this item and left the room. Affidavit is filed with the City Secretary. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to authorize the City Manager to approve the Memorandum of Understanding (MOU) between the City of Wylie and the Wylie Independent School District to provide Law Enforcement services for the school district. A vote was taken and the motion passed 6-0-1 with Councilman Young abstaining. Minutes—August 26, 2008 Wylie City Council Page 8 9. Consider, and act upon, Ordinance No. 2008-40 setting the time and place for all regular City Council Meetings in 2009. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the City of Wylie Home Rule Charter in Article Ill, Section 9 states that the City Council shall hold at least one regular meeting each month and as many additional meetings as it deems necessary to transact the business of the City. The City Council shall fix, by ordinance, the date and time of the regular meetings. Special meetings of the City Council shall be held on the call of the mayor or a majority of the City Council members. She reported that currently the time is set generally for 6:00 p.m. Mayor Hogue and Councilman Goss have requested the proposed Ordinance No. 2008-40 be presented for consideration to change the meeting time. She noted that pursuant to Section 4, Special Meetings and Work Sessions could be called earlier at the pleasure of the City Council. She noted that by this Ordinance, the dates and times of all regular meetings in 2009 will be set. During the months of November and December one meeting per month has been scheduled due to the holidays. Upon request of the Council, special called meetings and work sessions can be scheduled at any times designated by the City Council and posted in accordance with the Texas Open Meetings Act. Council Discussion Mayor Pro Tem Hogue asked what time the Boards and Commissions met. City Manager Manson replied that meetings started at 6:30 for the Planning & Zoning, Parks and Recreation, and the Public Arts Advisory Board; Construction Code Board and ZBOA started at 7:00 p.m. Councilwoman Spillyards stated that she was in favor of starting the executive sessions earlier but starting the regular meetings at 6:30 p.m. Mayor Pro Tern Byboth stated that he saw the value in a later starting time but felt consideration should be given to staff due to the late meetings and the long hours staff works on those days/evenings. Councilman Young stated that he was in favor of starting the meetings for executive sessions at 6:00 p.m. and the regular meetings at 7:00 p.m. Councilman White stated that he was in favor of a later time. Councilman Porter stated that he was in favor of starting all portions of the meetings at 6:30. He stated that this would save the overtime for staff and would allow citizens to attend. Councilman Goss stated that he was against starting the meeting any earlier than 7:00 p.m.; if he is given an option. Mayor Hogue asked City Manager Manson how functional the work sessions would be if started at 6:00 p.m. City Manager Manson reported that if the intent was to allow the public to attend, the work sessions should also start at 6:30 or 7:00 p.m. to allow citizens time to attend. She noted that staff could look into the possibility of starting the executive sessions earlier. Council Action A motion was made by Councilman Goss, seconded by Councilman White setting the time of 7:00 p.m. and approving Ordinance No. 2008-40 setting said time, place and dates for all regular City Council Meetings in 2009. A vote was taken and the motion passed 5-2 with Mayor Hogue, Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman Goss, and Councilman White voting for and Councilman Young and Councilman Porter voting against. Minutes—August 26, 2008 Wylie City Council Page 9 ADJOURNMENT Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to adjourn the meeting at 9:20 p.m. A vote was taken and passed 7-0. Eric Hogue, Ma ATTEST: SEAL Carole Ehrlic , City ecretary Y/ E,TE`'Ps\````` Minutes—August 26, 2008 Wylie City Council Page 10