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06-06-2006 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Special Called Meeting Tuesday, June 6, 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 Tern Carter Porter, Councilman M.G. Byboth, Councilman Earl Newsom, Councilman Rick White, Councilman Eric Hogue, and Councilman Merrill Young. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Finance Director, Larry Williamson; City Engineer, Chris Hoisted; Public Services Director, Mike Sferra; Administrative Assistant Gayle Walton, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Hogue gave the invocation and Councilman Byboth led the pledge of allegiance. REGULAR AGENDA GENERAL BUSINESS 1. Consider, and act upon, Ordinance No. 2006-32 repealing Ordinance No. 2002-18 and adopting the North Texas Municipal Water District Model Drought Contingency Plan as the City of Wylie Drought Contingency Plan. (C. Hoisted, City Engineer) Minutes—June 6, 2006 Wylie City Council Page 1 Staff Comments City Engineer Chris Hoisted addressed the Mayor and the City Council stating that North Texas has drafted a water model plan for cities and over the past few months, representatives from the member cities have met and discussed changes and options to that plan. Within the past couple of weeks most of the member cities have been adopting changes and/or the whole plan entirely to help with the drought that we are currently experiencing. Mr. Hoisted stated that the current plan proposes watering in Drought Stage 3 once every five days. The North Texas Municipal Water District plan and other member cities have gone to watering once every seven days and the new proposed plan does make allowance for rate surcharges if North Texas requires it. Mr. Hoisted also stated that some cities have initiated a surcharge and some have not. The local water supply corporations have chosen to elect a 25% rate surcharge over 10,000 gallons water usage and they do so with some customers within the city. Council Discussion Mayor Mondy asked Mr. Hoisted to explain the surcharge. The question was asked if the 10,000 gallons exceeded usage refers to commercial and/or residential. Mr. Hoisted stated that there are multiple studies that show that residential winter time water use is under 10,000 gallons a month for an average sized family so cities have elected to use the 10,000 gallon mark each month to apply rate surcharges which is on the irrigation above this amount. Mr. Hoisted stated that this is for residential use accounts only. Mayor Mondy asked who would be the benefactor of the surcharge and Mr. Hoisted stated that the City of Wylie would keep the money and it would affect about 3,000 customers. Cities of Allen and McKinney have adopted this surcharge. Mayor Mondy asked if there was a predetermined plan for the use of the �., money. Mr. Hoisted stated that some cities have a water rebate plan for giving credit back for replacing old appliances like washing machines, repairing toilets; they would give credit back on the water bill. Mr. Hoisted was not aware if they specifically earmarked these funds for that. A surcharge is just one way of trying to achieve a reduction in the landscape use. Councilman Young asked if in 2002, the Mayor was given the authority to put the City in the plan without having it come before Council and also asked if this is revoking that and doing something different. Mr. Hoisted stated that portion would still be the same and some of it is automatic in that if North Texas stated that member cities have to go to Drought Stage 3, that would not be an option. Mr. Hoisted further stated that how the City achieves Drought Stage 3 and reduces its water usage is up to each city to pick and chose what method they want to use to reduce water consumption. North Texas has asked for a 5% water reduction. Most of the cities have adopted all of the suggestions. Mayor Mondy stated that he appreciated the Drought Stage 3 but that in 45 days or less we will probably be in stage 4 and asked if Council will be addressed again in a week regarding Drought Stage 4. Mr. Hoisted stated that Drought Stage 4 requirements are in the plan as well, which is basically no outside watering. Mr. Hoisted stated that one of the cities that have gone to stage 3 already, have seen a 30 to 40% reduction in their water usage in the past 3 to 4 day, and if Drought Stage 3 works for all of the member cities, there would be an opportunity to hopefully postpone or not go to Drought Stage 4. Council reviewed Drought Stage 3 within the proposed plan. Mr. Hoisted stated the City is looking at other sources of water in that the Parks Department is already taking water out of the creek to water some of the parks property. Mayor Mondy stated that he appreciated this plan but asked if we have really looked at the true cost of this in that two or three men use the pump to fill the truck and go back and do this several times. Mr. Hoisted stated this allows us to water on days that we would not be allowed to water. Mayor Mondy asked if there was a way to run a pipeline and asked if this would be feasible. Mr. Hoisted stated that from a cost standpoint this Minutes—June 6, 2006 Wylie City Council Page 2 would not be feasible and other alternatives are being looked at for park land properties themselves and for the big parks such as Founders Park. A possibility is drilling and using well water or using treated water from the treatment plant. It was then noted that Drought Stage 4 restricts well use. Mayor Mondy asked if the City would be exempt from this or do we need to get a well permit. Mr. Hosted stated that the City can look into it but it would take a few months to get the permits and the well drilled and that it is probably too late for this year. Council reviewed Drought Stage 3 within the proposed plan which outlined watering once every seven days. Mr. Hosted stated that the City is proposing that areas north or west of Highway 78 water on Tuesdays and areas south or east of Highway 78 water on Thursdays; split the city by Highway 78. Some of the cities have gone to watering on trash days but from a logistical standpoint and enforcement standpoint, it is cumbersome. Mayor Mondy asked about the offenses if residents forget and watered on a Wednesday, Friday, or Monday. Mr. Hoisted stated that the first offense sum is not exceeding $500.00 unless it is a public health or sanitation offense which is up to $2000.00. Mayor Mondy then asked regarding the city watering, who pays if it is a school or city that is doing this? Mr. Hoisted stated that a city or school has to pay the fine and that the city has already gone to watering once a week. Mr. Hoisted stated that new home developers have posed questions regarding sod and that sod to be in place is a requirement of CO's. It has been proposed that new planting of grass be allowed to be watered for up to one hour on any day for the first 30 days after installation and then at that point go with whatever requirements are in place. A lot of builders pulled permits prior to Drought Stage 3 and have it in the sale of the home for sod and plantings. Councilman Young asked if there is a point that development stops for lack of water. Mr. Hoisted stated that there has not been any discussion of stopping development and that worse case scenario is each city would get an allotted amount of water per day and it would be up to the city to use that water as they see fit. Mayor Mondy asked if anyone had done calculations as to what point we get rationed more than 10,000 gallons, because the City doesn't want to get to a point where we are cutting our own throat and we can't provide water for the people already here, then maybe it is time to say no to lots. Mr. Hoisted stated that if we had our current winter usage during the summer, then we wouldn't be in a drought and that the thought is that limiting or prohibiting any outside watering would get us under the magic numbers we need to be, so we won't have to go to more drastic steps. Assistant City Manager Mindy Manson stated that the inability to provide basic service is one of the criteria that allow the city to implement a moratorium. There is a process in the state law that we have to follow as far as public hearings etc. and whether one supersedes the other is not known. Mayor Mondy asked for clarification in that home builders are required to make sure that the sod lives for a year, and is written in the warranty that it lives for at least a year. Mayor Mondy asked if staff needs to revisit this issue in as much as if the sod dies after the 30 days of watering and is replanted and keeps dying, do we need to look at our requirements for planting sod in the CO. Mayor Mondy further stated that it seems like the City needs to adopt zero landscaping in our landscaping requirement. Assistant City Manager Manson stated that this was talked about at the staff level regarding the big lots that have landscaping that needs to be watered, then do we need to do zero landscaping. Councilman Byboth stated that landscaping is a big investment. Mayor Mondy stated that he is concerned with foundations. City Manager Roath stated that watering of foundations are covered in the plan and is allowable by soaker hose or hand hose. Councilmember Young asked if Council could receive an overlay of what the City's growth comparable to water usage is to see if the growth matches the increase of water usage. Mr. Hoisted stated that this calendar year to date the city's growth has been about 10-12% and average water use has been up about 18% and some of the increase of water use is the drought conditions, but 10-12% is growth in the City. Each year our minimum water contract for Minutes—June 6, 2006 Wylie City Council Page 3 the next year is set on how much we use this year and we are at 98% of the water we used last year and we still have the two hottest months left. The cities of Frisco, Farmersville and other high growth cities are already over their minimum intake for the year. They have already used in 10 months what they used in 12 months last year. Councilman Byboth asked about equipment to clean the water and reuse it and if staff has thought about letting someone do this. Mr. Hoisted stated that this would be done on a case by case basis. Mayor Mondy asked about the long range strategy as a Council/Managerial body to deal with this issue. City Manager Roath stated that the short term strategy is to adopt this plan with modifications as indicated allowing some landscaping provisions and that a surcharge not be adopted at this time and that Council concentrate on the issue of notification and enforcement initially and that staff be directed to come back and look at options for use of any money if we went to a surcharge so that it's not just collecting money and putting it in the City coffers, and that we actually have a plan for reducing water usage and conservation with any money collected. Mr. Roath stated that he felt that long term issue is what Ms. Manson stated in looking at our landscape provisions to determine whether we should be advocating and encouraging homeowners, especially new homes to develop shrubbery that would be drought resistance and look at the comprehensive plan with regards to lot sizes and even limiting shrubbery on a percentage basis; for example one option is based on development so that we would force people to develop a certain percentage of their space or lot for plantings and find other means, rocks, or whatever they would like, such as they use in Phoenix and parts of Arizona. Mr. Roath stated that the city has to work with the district and they are about two years away from some new water sources; so we have to find a short term interim period to get reduction down. In regards to long term, we can be a pace setter in this issue if we go back and look at some provisions and take a proactive approach and this doesn't mean that we have to lock step with our sister cities but rather we might show some alternatives and try some new approaches. It is going to take some staff effort and we are all willing to do our part. Mayor Mondy asked if Council could direct someone to look into other alternatives.i City Manager Roath stated that he would like to send some folks to some areas of the country that actually have gone through this in the past and come up with some alternatives so we can get some new ideas to bring back for the long term. Mr. Roath stated that the short term is to get the message out which is first and foremost noted that to penalize people without getting the message out properly is unfair and the second thing we need to do is follow-up with appropriate enforcement Once people realize that the plan is being enforced and consistent, then a reduction and compliance will be seen. Mayor Mondy asked in regards to consistency, how can this be accomplished with three different water districts. City Manager Roath stated that he would like to ask Mike Sferra, Public Services Director to address Council because he is involved in the enforcement side of the issue and has been working with his staff and the Police Department.. Mr. Sferra stated his people would be out at night patrolling the city and pre-printed notices are given to those that commit a first offense and with the second offense, the police department would be notified and a second notice given. Mr. Hoisted stated that the first offense is a warning and with the second and any subsequent violations, a citation may be issued. After two violations have ocurred, the city has an option to install a flow control devise to limit the amount of water; and after three violations, the city has the option to cut the water off to that user. Mayor Pro Tern Porter asked what it would take to get the water turned back on. Mr. Hoisted stated that the fines would have to be paid and court fees would be assessed through the Wlylie MunicipalCourt; They would also be required to pay a reconnect fee. Mayor Mondy asked if it is legal to cut someone's water off if they are paying their water bill. Mr. Hoisted stated that it is. City Manager Roath stated that this would be the last resort. Mayor Mondy asked if someone would check this out. City Manager Roath stated that if we don't reduce the water consumption by asking people to comply with these restrictions for landscaping, ultimately we will end up having to reduce water that people use to live and so while it is difficult to tell people to reduce the watering consumption on their landscaping, we Minutes—June 6, 2006 Wylie City Council Page 4 might not have enough water for people to use for actual drinking purposes which becomes life threatening and what we do now can benefit this issue later. Hopefully we won't have to come to this decision. City Manager Roath stated that this is a serious decision for this area. Councilman Young stated that he felt that we need to have a modified Drought Stage 4 plan. Mayor Mondy stated that we need to start communicating to the public that in late July or sometime in August some things are going to happen. City Manager Roath stated that Mark Witter, Public Information Officer has been working very hard on putting together this information. Mr. Hoisted explained that flyers will be included in the water bills and that the information that will be put out also includes Drought Stage 4 requirements, so that everyone will know what the next stage entails. Councilman Hogue asked how soon Mr. Witter will start communicating this information out. Mr. Hoisted stated that Drought Stage 3 is being implemented on the 19th of June which gives staff time to get advertisements in The Wylie News, flyers in the next water bills and also getting price quotes on signs to be placed in the medians, at intersections and entrances to subdivisions notifying people of the drought stages. Councilman Byboth asked about the retention tanks, retention ponds, runoff, etc. Mr. Hoisted stated that this would be an option if people want to consider this. Mayor Mondy stated that this would be an extreme option in that stagnant water contains all type of risks versus running water. Mr. Hoisted stated that the water that the city is acquiring for city property is overflow water from the treatment plant which has been fully treated. Mr. Hoisted agreed with the Mayor in that some of the large retention pond water quality may be questionable. City Manager Roath stated that a better option is trying to do something to reclaim the water and be able to use it for the school areas and city parks and work something out with the district to somehow pipe that water back into the city and sell it to the schools and the city. Mayor Mondy stated that this is a short term crisis but a long term problem. Mr. Hoisted stated that approval of the ordinance adopting the new plan with two modifications on page 3-6 under the last bullet notation that says north of Highway 78 may water on Tuesday and areas south of Highway 78 may be watered on Thursday and the second item is that new plantings of grass may be watered for up to one hour on any day by any means for the first 30 days after installation. Councilman Hogue asked if we can say north and west and south and east. Mr. Hoisted stated that east and west could be included. It was also noted by Mr. Hoisted that there is no surcharge at this time and that the Ordinance is effective the date of publication. Councilman Newsom suggested changing wording in the Ordinance, section 4, first paragraph, and first sentence. Mayor Mondy stated that the City Attorney drafted this wording for a reason and City Manager Roath stated that the Ordinance can be approved with the City Attorney review and approval. Mr. Hoisted stated that our City Attorney spoke to the water districts attorney, Mr. Russell. The question was asked if the City can enforce a City Ordinance over a water supply corporation regulation; Mr. Hoisted stated that at first thought the answer was yes and to see what happens. Mr. Hoisted stated that he has a copy of the water corporation's Drought Stage 3 plan which also has provisions for fines as well but the City will try to enforce our regulations on their customers as an overlay. City Manger Roath stated that the issue comes done to double jeopardy when the situation arises that we might fine a customer in the city but this customer is also a customer of the corporation; and the corporation itself fines the same individual, then they are fined twice for the same issue. Then the issue is, we have uniformity within the corporate limits of the City of Wylie and the issue is incumbent upon the administration to get with the two corporations to make sure that everyone is being treated equally on the notification and enforcement side so that we don't end up in a double jeopardy situation; it would behoove staff to meet with the two corporations trying to work out that enforcement without putting oneself in the situation of having to deal with this. City Manger Roath further suggested that Council approve the Ordinance subject to City Attorney approval of any changes or direct the city staff to meet with the two corporations to make sure that we have uniformity within the city. Mayor Mondy asked if staff could do both. City Manager Roath stated Minutes—June 6, 2006 Wylie City Council Page 5 that this would be fine and if the City Attorney indicates that there is a problem with the language, Council would be notified, otherwise we would proceed on that basis. Mr. Hoisted explained that the goal is not to write a lot of tickets and tie up the courts but hopefully with education and notification, the City can keep this to a minimum. Mayor Pro Tern Porter asked when the public relations program will start. City Manager Roath stated that it would start immediately. Mr. Hoisted stated that every form of getting the word out is being used and that the water districts have spent around 2 million dollars on advertisement. City Manager Roath explained that there is also a separate phone line being installed for issues regarding these restrictions. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve Ordinance No. 2006-32 repealing Ordinance No. 2002-18 and adopting the North Texas Municipal Water District Model Drought Contingency Plan as the City of Wylie Drought Contingency Plan, subject to changes that include no surcharge, planting of new development, new sod, days of watering, and modifications of wording in the ordinance, subject to City Attorney approval. 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 13-D. Administrative Assistant Gayle Walton read the caption to Ordinance No. 2006-32 into the official record. ADJOURNMENT With no further business before Council, Councilman Newsom made a motion to adjourn and consensus of Council was to adjourn at 6:52 p.m. Q F 14/) , hn Mon , Ma or ATTEST: r 0 . 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