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05-09-2006 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, May 9, 2006 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman Earl Newsom, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Police Chief, Jeff Butters; Fire Chief, Shan English; Public Services Director, Mike Sferra; Building Inspection Director, Johnny Bray; Library Director Rachael Orozco, City Secretary, Carole Ehrlich, a various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Associate Pastor of the Murphy Road Baptist Church, Scott Babb gave the invocation and Councilman White led the pledge of allegiance. 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 under Citizens Participation. 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. Approval of the Minutes from the April 25, 2006 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) Minutes— May 9, 2006 Wylie City Council Page 1 B. Consider, and act upon, a Final Plat creating a single lot for a hotel in the Shahi Group Addition, generally located south of S.H. 78 N and west of Spring Creek Parkway. (M. Manson, Assistant City Manager) C. Consider, and act upon, a Preliminary Plat for the Ben Nobles Addition to create four residential lots, generally located west of Thomas Street and south of Stone Road. (M. Manson, Assistant City Manager) D. Consider, and act upon, a Replat for 78 Corner Addition creating two commercial lots, generally located west of S.H. 78 and north of F.M. 544. (M. Manson, Assistant City Manager) E. Consider, and act upon, final acceptance of the Valentine Drainage Project and authorize final payment to Jeske Construction in the amount of $42,263.85. (C. Hoisted, City Engineer) F. Consider, and act upon, a contract to Holley & Holley Concrete Construction for Miscellaneous Concrete Repair and Construction. (M. Sferra, Public Services Director) G. Consider, and act upon, disposal of certain surplus City equipment and vehicles by public auction. (J. Holcomb, Purchasing Agent) H. Consider, and act upon, a request from Friends of the Smith Library, Blackland Prairie Playground Foundation, and Downtown Merchants Association to sell items at the Summer Concert Series. (R. Diaz, Assistant Superintendent, Parks and Recreation) Council Action Councilman Young requested that Item B be removed from the Consent Agenda. Consensus of Council was to remove and consider individually. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve Item A and Items C through H of the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA B. Consider, and act upon, a Final Plat creating a single lot for a hotel in the Shahi Group Addition, generally located south of S.H. 78 N and west of Spring Creek Parkway. (M. Manson, Assistant City Manager) Council Discussion Councilman Young asked if the property was on the Kreymer side. Assistant City Manager Manson replied that it was on the southwest corner of S.H. 78 and Kreymer. Minutes—May 9, 2006 Wylie City Council Page 2 Council Action A motion was made by Councilman White, seconded by Councilman Newsom to approve Item B, the Final Plat creating a single lot for a hotel in the Shahi Group Addition, generally located south of S.H. 78 N and west of Spring Creek Parkway. A vote was taken and passed 7-0. GENERAL BUSINESS 1. Consider, and act upon, Ordinance No. 2006-29, amending Ordinance No. 2005-41, which established the budget for fiscal year 2006; repealing all conflicting ordinances; providing for a severability clause; and providing for an effective date. (L. Williamson, Finance Director) Staff Comments City Manager Roath addressed Council stating that the budget is reviewed mid-year to determine if there have been items overlooked or unanticipated that may affect the overall current budget. The budget, a legally adopted document, may be amended to cover such items provided that funds are available. Upon review of the 2005/06 Fiscal Year Budget, it has been determined that funds are available to cover the proposed amendments. Mr. Roath explained that staff members from all departments were present to answer any questions. Council Discussion Mayor Mondy asked Police Chief Butters if the $15,000 budgeted for fuel would be enough to complete the year. Chief Butters replied that this was estimated to last the remainder of the year and was figured a little high. This amount included some funds left in the fuel budget for FY 2005-2006. Finance Budget Analyst Karla Stovall addressed Council explaining the areas this budget amendment would include. Mayor Mondy asked City Manager Roath if the exempt employee cost for payroll involving Katrina were included in the amended budget. City Manager Roath stated that they were not and explained that he had conducted a survey of other cities to determine if they paid exempt employees for EOC overtime and reported that they did not. He stated that he would send the information compiled from this survey to Council for review. Some discussion was made concerning the increase of 1% in the overall workman's comp. experience modifier. Ms. Stovall stated that the Finance Department had checked with the Texas Workforce Commission and determined that this was a correct increase due to claims. Mayor Mondy asked how much in the FY 2006-2007 budget would fuel cost increase. City Manager Roath stated that these figures would be provided by the departments within their individual budget proposals and would be double checked for accuracy by the Finance Department. He explained that a new fuel payment system had been implemented this year which would be more cost efficient and have better tracking of fuel costs. Mayor Pro Tem Hogue asked Assistant Chief Flores if the temporary fire station costs were approved tonight, how long it would be until the temporary station would be operational. Assistant Chief Flores reported that it could be operational by June 1, 2006. Mayor Pro Tern Hogue then asked how many personnel were currently on staff at one time for calls. Assistant Fire Chief Flores replied that 8 fire personnel were on duty at one time. He then asked what the response time was currently. Assistant Fire Chief Flores responded that currently the City had a 53% average less than 5 minutes. Councilman Newsom asked in District 3, overall what the response time was. Assistant Chief Flores replied that 11% were under 5 minutes with the remaining percentage over 5 minutes and under 11 minutes. Mayor Mondy asked Assistant Chief Flores if this data provided the urgency to build an additional fire station. Assistant Chief Flores replied yes it did. Minutes—May 9, 2006 Wylie City Council Page 3 Councilman Young asked what the complete cost for budget amendments were so far this fiscal year. City Manager Roath replied that it was around $146,000 plus the budget amendments proposed tonight. He explained that this figure would leave reserves at close to 25%. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance No. 2006-29, amending Ordinance No. 2005-41, which established the budget for fiscal year 2006; repealing all conflicting ordinances; providing for a severability clause; and providing for an effective date. A vote was taken and passed 7- 0. 2. Consider, and act upon, Resolution No. 2006-13(R) authorizing the Board of Directors of the Central Appraisal District of Collin County to establish an appraisal office, by land purchase and construction, to be located at the northeast corner of Eldorado Pkwy. and College St., McKinney, Texas; in an amount not to exceed $6,650,000. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the Board of Directors of the Central Appraisal District of Collin County passed a Resolution in April authorizing the purchase of a new office building as well as funding for additional improvements to and on the land. The subject property is located at the northeast corner of Eldorado Pkwy and College St in McKinney, Texas. Pursuant to Section 6.051(b) of the Texas Property Tax Code, the Appraisal District must receive Resolutions from 75% of the entities contracting with the Central Appraisal District of Collin County approving the purchase of a new office building and land acquisition in order to move forward. She stated that Deputy Chief Appraiser Bo Daffin was present to address any questions the Council may have. Representative/Council Discussion Deputy Chief Appraiser for CADCC, Bo Daffin, residing at 4001 E. Stone Road, Wylie, Texas 75098, addressed Council stating that the Appraisal District boundaries take in approximately 900 square miles and there are 44 budget members supporting the district and of those, 42 are voting members. In this process we are going to school districts and cites for approval. Mayor Mondy asked what improvements would be seen by the purchase of this property. Mr. Daffin explained that this acquisition would allow for a better population center in McKinney and would allow more room for appraisal protests and would give property owners and appraisal review board members space to conduct the hearings. Currently temporary space is provided by moving staff offices out during the protest hearings. Mayor Pro Tern Hogue asked Mr. Daffin how many entities had approved or disapproved this resolution. Mr. Daffin replied that currently 24 entities had approved the resolution and none had denied. He stated that there were several meetings tonight that staff were attending to support the resolution. Mayor Pro Tern Hogue asked when the project would be started if approved. Mr. Daffin replied that the project could start as early as June of 2006 with completion scheduled for March 2007. Mayor Pro Tem Hogue asked how many employees were currently working for the Appraisal District. Mr. Daffin replied that currently 85 employees were on staff full time and some summer help was needed during the renditions and protest hearings. Councilman Young asked how many square feet were being used currently. Mr. Daffin explained that 24,000 sq. ft. were currently in us but because of a ten year rental agreement, the district has not been able to move even though Minutes—May 9, 2006 Wylie City Council Page 4 they have been out of space for some time. He explained that the construction would include 35,000 sq. ft of usable office space with expansion capability to 60,000 sq. ft. He commented that there was enough land acquisition to enable the district to stay at this location for 30 years of more. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Porter to approve Resolution No. 2006-13(R) authorizing the Board of Directors of the Central Appraisal District of Collin County to establish an appraisal office, by land purchase and construction, to be located at the northeast corner of Eldorado Pkwy. and College St. McKinney, Texas; in an amount not to exceed $6,650,000. A vote was taken and passed 7-0. 3. Consider, and act upon, a Mutual Aid Agreement with Laidlow Medical Transportation, Inc., d/b/a American Medical Response. (S. English, Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that Laidlaw Medical Transportation, Inc., d/b/a American Medical Response and the City Fire-Rescue work together to provide assistance to various response areas. AMR is required to enter into Mutual Aid agreements with all neighboring agencies within the counties in which they may respond. This Agreement will make formal the current policies and practices of both the City of Wylie and AMR. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve a Mutual Aid Agreement with Laidlow Medical Transportation, Inc., d/b/a American Medical Response. A vote was taken and passed 7-0. 4. Consider, and act upon, Ordinance No. 2006-30 amending the Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards and Standard Construction Details to add dimension for parallel parking and one-way drive aisles. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the design requirements for parallel parking are not addressed within the cities adopted off-street parking standards. The proposed ordinance provides details pertaining to parallel parking and one-way drive aisle requirements. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Ordinance No. 2006-30 amending the Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards and Standard Construction Details to add dimension for parallel parking and one-way aisles. A vote was taken and passed 7-0. Minutes—May 9, 2006 Wylie City Council Page 5 5. Consider, and act upon, Ordinance No. 2006-31 setting a date, time, and place for the City Council to conduct a public hearing to consider the Thoroughfare Capital Improvements Plan. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the approval of this ordinance would establish a date for the public hearing to discuss the Thoroughfare Capital Improvements Plan. Discussion of the Thoroughfare Capital Improvement Plan is the first step in the process of establishing Thoroughfare Impact Fees. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance No. 2006-31 setting a date of June 13, 2006, a time of 6:00 p.m. at the Wylie Municipal Complex, City Council Chambers to conduct a public hearing to consider the Thoroughfare Capital Improvements Plan. A vote was taken and passed 7- 0. 6. Consider, and act upon, a petition from Red Group Development to defer the construction of the screening wall at the Watermark Development along Troy Road, to accept a performance bond in the amount of $192,000 and to direct that no certificates of occupancy be issued until the wall is constructed. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the Red Group has submitted a letter requesting acceptance of the Watermark Development prior to the construction of the screening wall along Troy Road. The Red Group has indicated that a performance bond for the construction cost of the wall would be provided and have agreed that construction of the wall must be complete prior to issuance of Certificates of Occupancy. Mr. Hosted stated that in the past some bond companies have been difficult to work with in acquiring the funds. He also stated that it was a more time consuming process to obtain the money and complete the project in lieu of the contractor completing as agreed. He explained that a Certificate of Occupancy would not be issued until completion of the project. Applicant/Council Discussion Phil Clegg representing the Red Group residing at 1771 International Parkway, Suite 127, Richardson Texas, addressed Council stating that would be happy to answer any question the council may have. Mayor Mondy asked Mr. Clegg why he did not want to build the wall at this time. Mr. Clegg stated that it was not an issue of not wanting to build the wall but rather an issue of the amenities of an 8 foot wall with a water feature and ornamental trees which would take over 60 days to complete. He stated that if a 6 foot screening wall alone was constructed, it would take only a couple of weeks. He explained that the wall and the other features were all part of the same plan and would be constructed together. He stated that the bids had now come in for the project and were going to run $155,000., rather than the estimated $192,000. He explained that he planned, with approval by Council to start as early as the 23rd of May with the Minutes—May 9, 2006 Wylie City Council Page 6 construction. Mayor Pro Tern Hogue asked Mr. Clegg how interest was in the property. Mr. Clegg reported that the homes would run from $300,000. to $1,000,000., and would be a very high end development. He also reported that 100% of the lots were sold. Mayor Mondy asked City Manager Roath what staff recommendation was. City Manager Roath reported that staff recommended the approval of a bond in the amount of $192,000 as posted with no certificate of occupancy issued until completion. Mayor Mondy stated to Mr. Clegg that the posting was for a bond in the amount of $192,000 and this would be the only amount that could be approved tonight. Mr. Clegg stated that he was requesting the lower bid amount to be approved. Mayor Mondy stated that either the Council could approve the $192,000 bond or withdrawal of the issue could be another alternative. Mr. Clegg agreed to the $192,000 bond amount. Council Action A motion was made by Councilman Porter, seconded by Councilman Young to approve a petition from the Red Group Development to defer the construction of the screening wall at the Watermark Development along Troy Road to accept a performance bond in the amount of $192,000 and to direct that no certificates of occupancy be issued until the wall is constructed. A vote was taken and passed 7-0. 7. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, a motion to withdraw Resolution No. 2006-10(R) authorizing the purchase and installation of credit card reading equipment, amending the budget to provide appropriations for the purchase of the equipment, and authorizing the Finance Director to include the annual operating cost of credit card services in the scope of services being provided under the City's depository contract. (L. Williamson, Finance Director) Tabled Item Council Action A motion was made by Mayor Pro Tern Hogue to remove Item 7; Resolution No. 2006- 10(R) from the table and consider. Consensus of Council was to remove and consider. Staff Comments City Manager Roath addressed Council stating that the withdrawal of this item is requested because of the need for further review of the current contract with DataProse. The current contract is in coordination with a contract held by the City of Plano. Determination will need to be made regarding the possibility of amending the current contract or seeking a new contract for the purpose of implementing credit card services, therefore staff was recommending that the item be withdrawn so staff could negotiate a new contract with DataProse to include the credit card payments and bring this back to Council. Mr. Roath reported that legal council was reviewing the contract at this time and would opine on this matter. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to accept the withdrawal of Resolution No. 2006-13(R) by staff. A vote was taken and passed 7-0. Minutes—May 9, 2006 Wylie City Council Page 7 8. Consider, and act upon, the resignation of Joanna Richardson and the appointment of a new member to the Wylie Animal Shelter Advisory Board, to fill the unexpired term. (J. Butters, Police Chief) Staff Comments Police Chief Butters addressed Council stating that the resignation of Joanna Richardson has created the need for the appointment of a new member to the Wylie Animal Shelter Advisory Board to fill the unexpired term. Ms. Richardson was appointed for the term of July 2004-July 2006. The Board has fulfilled the need for at least one member to serve on an animal rescue/rights organization, therefore, any citizen of Wylie can be appointed to the Board. Police Chief Butters reported that the Animal Advisory Board would not meet again until July of 2006 and therefore did not require a new board member to be appointed tonight. He stated that the appointment could be made with the annual Boards and Commissions appointments in June of 2006. He explained that all members of the board terms would expire this year. Mayor Mondy asked staff to look into the staggering of terms with the next appointments so that all members were not up for reappointment at the same time. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to accept the resignation of Joanna Richardson and to delay the appointment of a new member to the Wylie Animal Shelter Advisory Board until the June 2006 Boards and Commissions interview process. A vote was taken and passed 7-0. __� READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section I3-D. City Secretary Carole Ehrlich read captions to Ordinances #2006-29, #2006-30, and #2006.31 into the official record. ADJOURNMENT With no further business before Council, Mayor Pro Tern Hogue made a motion to adjourn at 7:22 p.m., seconded by Councilman Newsom. Consensus of Council was to adjourn. '`11N t t n 11 11,,, 1 ,��a�y o F fry y%,, Jo Mond , Mayor ATTEST: „"``Ve°"•'• �•. 1. `f� SEAL , ,c; '- ..=' Carole Ehrlic , City Secretary '''e,i'kY‘/ ;TEy,P`•.$ /"1111 1 1 1110 Minutes—May 9, 2006 Wylie City Council Page 8