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08-12-2003 (City Council) Minutes MINUTES Wylie City Council Tuesday, August 12, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor Mondy called the meeting to order at 6:03 p.m. with the following council members present: Mayor Pro Tem Eric Hogue, Councilwoman Reta Allen, Councilman J. C.Worley, Councilman Merrill Young, and Councilman Chris Trout, with Councilman Randal Shinn absent. The following staff members present were: City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Holsted; Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. INVOCATION &PLEDGE OFALLEGIANCE The invocation was given by Mayor Pro Tem Hogue and Councilman Trout led the Pledge of Allegiance. CITIZENS PART CIPATION Wendy Hall representing Colonnade Homes addressed the Council stating that she was very concerned about the directional signs to building developments being banned through the new proposed Sign Ordinance. She stated that the signs were a life line to the builders. She stated that with existing country roads it was imperative that the signs direct citizens to the subdivisions. Brenda McPherson representing Grand Homes reiterated the need for the directional signs stating that it was essential that these signs be available to the public. CONSENT AGENDA All ivatters listed under the Consent Agenda are considered to be routine b the City Council and Trill be enacted b} one motion `There will lent be separate discussion of these items. If discussion is desired,that;ite will he removed from the Consent Agenda and will beconsidere}separately. A. Approval of the Minutes from the Called Meeting of July 21,2003,the Regular Meeting of July 22, 2003, and the Work Session Qf July 29, 2003. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve the Consent Agenda. A vote was taken and passed 6-0. Minutes—August 12,2003 Wylie City Council Page 1 INDIVIDUAL CONSWER ATJON 1. Consider and Act Upon Accepting the proposed Ad Valorem Tax Rate and Calculation of an Effective Tax Rate for Fiscal Year 2003-2004. Staff Comments Finance Director Brady Snellgrove addressed the Council stating that in accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and a public hearing must be held if an entity's proposed tax rate exceeds 103 percent of the effective tax rate. Therefore, the City is required to vote on the proposed tax rate and publish the results of the roll call vote on the proposed tax rate. Council Action A motion was made by Mayor Pro Tern Hogue to approve the proposed Ad Valorem Tax Rate of$0.705 and the calculation of an Effective Tax Rate for Fiscal Year 2003-2004. The motion was seconded by Councilman Chris Trout with the note that the City of Wylie was once again lowering the tax rate. A vote was taken with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Trout, Councilman Young, and Councilman Worley voting for and none against with Councilman Shinn absent. 2. Consider and Act Upon the Master Contract for Paramedic Ambulance Services between East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service ("ETMC- EMS") and the City of Wylie, Texas and other Southeast Collin County Coalition Members including the City of Lavon, Lucas, Murphy, Parker, Collin County, and St. Paul for the period of October 1, 2003 - September 30, 2008 and approval of the Interlocal Cooperation Agreement for Emergency Medical Services Coalition between the City of Wylie and other members of the southeast Collin County EMS Coalition and east Texas Medical Center. Staff Comments Fire Chief Shan English addressed the Council stating that the City of Wylie entered into an Interlocal Cooperative Purchasing Agreement for Ambulance Services with the cities of Sachse, St. Paul, Murphy, Lucas, Lavon and Parker. This interlocal agreement established the ad hoc Southeast Collin County EMS Coalition. The construction of the original contract originated in 1998 and has suited the Coalition with minor amendments throughout the past five years. On October 1. 2003, the City of Sachse will begin operating their own ambulance service and terminating their agreement with the Coalition. The Coalition is also adding Collin County. The Southeast Collin County E.M.S. Coalition has voted to approve these contracts and city appointed representatives will be taking the contract back to each of the member's cities for approval during the month of August. Council Discussion • Councilman Trout asked what the current subsidy was for the City of Wylie. Chief English stated that the current subsidy was $38,000.00 for 2003. Mayor Mondy asked if the increase was due to the withdrawal of Sachse. Chief English stated that the increase this year was due to the CPA and a minor adjustment to the contract for the five year period. Chief English stated that because of an increase in collections and growth and the addition of Collin County there was no anticipated increases expected other than the usual adjustments over the next five years. Minutes—August 12,2003 Wylie City Council Page 2 • • Councilman Trout asked what the per capita rate was and how the per capita had increased over the past year and how that had affected the City's rates. Chief English stated that the City used the current COG figures and he would be happy to send the spread sheet showing those figures along with the backup ambulance cost. He also stated that the level of service would increase, especially with heart attack victims. Councilwoman Allen asked how much the current cost was, to the City, to maintain an ambulance with upkeep and manpower. Chief English stated that the City has budgeted for $146,000.00 to run the two backup ambulances with $90,000.00 of that being the City's subsidy. Councilwoman Allen asked about the service for Medicaid patients and if they would be covered for the Medicaid reimbursement only. Chief English stated that he would research that and let Council know. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve the Master Contract for Paramedic Ambulance Services between East Texas Medical Center, d/b/a/ East Texas Medical Center Emergency Medical Service and the City of Wylie, Texas and other Southeast Collin County Coalition Members including the City of Lavon, Lucas, Murphy, Parker, Collin County, and St. Paul for the period of October 1, 2003 — September 30, 2008 and approve the Interlocal Cooperation Agreement for Emergency Medical Services Coalition between the City of Wylie and other members of the southeast Collin County EMS Coalition and East Texas Medical Center. A vote was taken and passed 6-0. 3. Consider and act upon approval of Ordinance#2003-15 adopting changes and additions to the Fire Department/Dispatch Service Alarm Monitoring Program Rates and Fees schedule. Staff Comments Chief English introduced Lieutenant Steve Seddig stating that Lieutenant Seddig had done a survey with other city's rates and fees for like services and could answer any questions Council might have. Lieutenant Seddig stated that the list of fees and proposed charges were based on area cities providing like services. These services are provided by the Fire Department and the Dispatch Services Alarm Monitoring Program. He stated that occasionally it is necessary to adjust fees in order to keep up with rising costs in relation to city expenses. Cities undergoing similar growth enact permits and fee schedules in order to maintain a high level of service and to ensure fire safety issues important to public safety have been addressed. Lieutenant Seddig opened the floor for questions. Council Discussion Mayor Monde asked what areas in the fees were actually new changes. Lieutenant Seddig stated that the actual changes included the plan review for square footage, fire sprinkler charges of$250.00 for a one time charge which includes 5 visits for inspections, and the alarm monitoring. Councilman Trout asked about the alarm monitoring charges. Chief English stated that the fire alarm charges were regulated by state law and a city could charge up to $50.00 for that service. The other charges would include fire, panic, EMS alarm monitoring service. Chief English explained that a citizen could request from the City either a fire alarm only at a $50.00 permit fee or could request fire, panic and EMS for a total of $100.00 permit fee. This cost would be on an annual basis with the city charging no additional monitoring fees each month and with the ability for citizens to transfer their existing monitoring service to the city which would save most citizens a great deal of money. Councilman Young asked about the current response time for the fire department. Chief English stated that the response time was now four minutes but at Station One it was"actually less than 4 minutes. Minutes—August 12,2003 Wylie City Council Page 3 Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve Ordinance#2003-15 adopting changes and additions to the Fire Department/Dispatch Service-Alarm Monitoring Program Rates and Fees Schedule. A vote was taken and passed 6-0. 4. Consider and act upon an Ordinance annexing all of a certain 17.419 acre tract of land out of the Francisco de la Pina Survey, Abstract 688, Collin County, Texas, and generally located south of Brown St., east of Kreymer. Council Action The voluntary request for annexation was withdrawn by the property owner therefore there was no action taken on this agenda item. 5. Consider and act upon an Ordinance annexing all of a certain a .83 acre tract of land out of the James Truett Survey, Abstract 920, Collin County, Texas, and located at 520 N. Ballard. Staff Comments Ms. Manson addressed council stating that a request for voluntary annexation had been submitted by the owner of the above referenced property. Both required public hearings had been satisfied with no opposition to the annexation. Staff recommended that Ordinance#2003-16 be approved. Council Action A motion was made by Councilman Worley, seconded by Mayor Pro Tern Hogue to approve Ordinance #2003-16 annexing all of a certain .83 acre tract of land out of the James Truett Survey, Abstract 920, Collin County, Texas, and located at 520 N. Ballard. A vote was taken and passed 6-0. 6. Consider and act upon awarding a contract for audit services to Rutledge Crain & Company,PC for Fiscal Year 2002-2003. Staff Comments Finance Director Brady Snellgrove addressed council stating that the City is required to engage independent outside auditors annually. In 1996 a Request for Proposal (RFP) for audit services was completed and the audit firm of Pattillo, Brown, & Hill, L.L.P. was selected. Pattillo, Brown, & Hill, L.L.P. have audited the City the past seven fiscal years, beginning with Fiscal Year 1995-96. He stated that it is recommended that municipalities schedule audit firms on a three to five year rotation. Therefore, a Request for Proposal (RFP) was issued for the selection of a new audit firm for a period up to five years. Proposals were received from two audit firms on July 21, 2003. The Finance and Assistant Finance Directors evaluated the technical proposals. The sealed dollar cost bids were then opened and added to the technical evaluation results. After careful deliberation, the Finance Staff recommends the audit firm of Rutledge Crain & Company, PC to perform the audit for September 30, 2003,with the option of auditing each of the four subsequent fiscal years. Council Discussion Minutes—August 12,2003 Wylie City Council Page 4 Councilman Trout asked if Pattillo, Brown and Hill, L.L.P., the previous audit firm, was allowed to submit a proposal. Mr. Biff Johnson stated that it was good financial practice to change auditors so a city does not have an ongoing relationship with one firm, whereby the new firm will look at it from a straight view rather than someone who is comfortable with what they have already seen. Mr. Johnson stated that Pattillo, Brown, and Hill, L.L.P. was not in the RFP's this time around. Mr. Snellgrove stated that the RFP's went out to three types of firms: national, large, and small. There were no responses from the national or large firms. Councilman Trout then asked why there was a difference from $15,000.00 for last year's audit to around $30,000.00 for the proposed 2004 audit. Mr. Snellgrove explained that with the addition of GASB 34 and new audit procedures after the Enron incident, costs were up. Most firms were now putting more detail into an annual audit. Councilman Young stated that he felt the increase was very high. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to award a contract for audit services to Rutledge Crain & Company, P.C. for fiscal Year 2002-2003. A vote was taken with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Worley, and Councilman Trout voting for and Councilman Young voting against. Mayor Mondy recessed the meeting for a short break at 6:40 p.m. Mayor Mondy reconvened the meeting for the work session at 6:50 p.m. W.0)RK SESSION • Sign Regulation Ordinance Work Session Staff Comments Mr. Johnson turned the staff comments over to Building Official Dale Jackson. Mr. Jackson commented that last August, the City Council adopted new sign regulations. Two issues were specifically discussed at the council meeting regarding the new regulations. The first issue involved the appeal process. A question arose whether the Board of Adjustment had final authority over sign variances or if someone had a right to appeal the decision of the Board of Adjustment to the City Council. The second issue involved directional signs for residential subdivisions. The new ordinance only allowed for directional signs that were off-premise to be placed in the public right-of-way. The issue regarding the final authority of the Board of Adjustment over sign variances has been addressed in the proposed ordinance by appointing the Construction Code Board as the body that would hear sign variances in the future. The applicant has the right to appeal a variance request that has been denied by the Construction Code Board to the City Council. Utilizing the Construction Code Board for sign variances would clarify the internal workings of variances since the Building Official acts as the staff liaison to the Construction Board. In the past, sign variances have been handled by the Board of Adjustment who has the Planning Director assigned as staff liaison. Since the Planning Department is not involved in the sign ordinance — with the exception of variance requests, the proposed change would help to smooth out the process of sign regulations and variances by allowing the Building Inspections Department to handle ail aspects of permitting as well as variance Minutes—August 12,2003 Wylie City Council Page 5 • • requests. Additionally, the change should help because of the different criteria involved with granting variances to sign regulations and zoning regulations. With zoning variances, a variance can only be granted if a hardship is proven. Hardship is not required to be proven when granting a sign variance. The second issue has been addressed by removing right-of-way signs altogether. No signs would be allowed within the public right-of-way. A new section has been added, Temporary Directional Signs that allows directional signs to be placed at key points within the City. Temporary Directional Signs would have to be approved by the City Council and would be limited by a two year time period. Mr. Jackson stated that the Home Builder's Association had become interested in placing temporary signs for directional instructions on private property that would be large enough to see and would be allowed 24 hours a day, seven days a week. The H.B.A. would be responsible for upkeep and would charge the builders/developers a fee for this service thus eliminating right-of-way directional signs. There has also been a Supreme Court ruling that jurisdictions can not discriminate in their authority to allow right-of-way signs. If the city allowed directional signs, they would be required by law to allow all types of signs in the right-of-way. Mr. Jackson stated that at this time the only parties pulling permits for right-of-way directional signs were builders because the cost per sign was $75.00 per year and no one else wanted to pay those fees. Council Discussion Councilman Trout asked if the proposed ordinance would eliminate all signs in the right-of-ways. Mr. Jackson stated that was correct. Mr. Jackson stated again that the City either had to allow all signs or not allow any right-of-way signs. He explained that persons still have the right to put signs on private property as long as they have permission from that property owner. Mayor Mondy asked what the happy medium would be to make it possible for builders to move their product and still keep the area uncluttered. Mr. Jackson stated that the Home Builder's Association would like to do away with right-of-way directional signs all together and construct and maintain the larger signs, one currently appears at the corner of Brown and Sanden. Mr. Jackson stated that these signs currently were being used in Frisco in lieu of the right-of-way signs. The consensus of the council was to direct staff to obtain policies and procedures from other cities that have addressed this issue'and report back to council. INDIVIDUAL CONSIDERATION 7. Consider and act upon Ordinance #2003-14, adopting new sign regulations, repealing Ordinance #2002-27 and repealing all conflicting ordinances. A motion was made by Councilman Worley, seconded by Mayor Pro Tern Hogue to table this item to gather more information. A vote was taken and passed 6-0. READING 'OF ORDINANCES'TITLE & CAPTION APPROVED BY:COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III, SECTION I3-b • 2003-15 2003-16 City Secretary, Carole Ehrlich read the caption of Ordinance#2003-15 and#2003-16 into the record. Mayor Mondy recessed into Executive Session at 7:16 p.m. Minutes—August 12,2003 Wylie City Council Page 6 • EXECUTIVE:'SESSION In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated (Open Meeting Act),Section 551. SS 551.072 Deliberation Regarding Real Property; Closed Meeting A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. • Discussion of Alanis Property • Discussion of real property near the intersection of Highway 78 and Oak Street R.ECa WENS INTO CIfPEN.MEETING Take any action as a result of the Executive Session. Mayor Mondy reconvened into open session at 8:17 p.m. • Discussion of Alanis Property Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to recommend staff to move forward on the acquisition of Right-of-Ways for Alanis. A vote was taken and passed 6-0. • Discussion of real property near the intersection of Highway 78 and Oak Street Council took no action on this item. ADJO'.URNMENT,j With no further business before Council. a motion was made by Councilman Worley, seconded by Councilman Trout to adjourn the meeting at 8:19 p.m. A vote was taken and passed 6-0. `,`N F l l r i L.//'/'' '�• i 'SEAL �� = J hn Mondy, a s r ATTEST: ��rruniutt``�� Carole Ehrli ,City Secretary Minutes—August 12,2003 Wylie City Council Page 7