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07-11-2006 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, July 11, 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: Councilman Red Byboth, Councilman Eric Hogue (arrived at 7:10 p.m.), Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Mayor Pro Tem Carter Porter was absent. 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; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich, and various support staff and Wylie Boards and Commission members. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Byboth gave the Invocation and Councilman Newsom led the Pledge of Allegiance. ISSUANCE OF CERTIFICATE TO ELECTED COUNCIL MEMBER • Presented by Mayor John Mondy. Mayor Mondy presented newly elected Councilman Merrill Young the Certificate of Elected Officer. ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBER • Administered by Judge Terry Douglas. Collin County Judge Terry Douglas administered the Oath of Office to newly elected Place 4, Councilmember Merrill Young. Minutes—July 11, 2006 Wylie City Council Page 1 PRESENTATIONS • Presentation to Outgoing 2005-2006 Boards and Commission Members. (J. Mondy, Mayor) Mayor Mondy and Council members presented Certificates of Appreciation to outgoing 2005- 2006 Wylie Board and Commission Members. ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED AND REAPPOINTED BOARD AND COMMISSION MEMBERS • Administered by Judge Terry Douglas. Collin County Judge Terry Douglas administered the Oath of Office to newly appointed Wylie Boards and Commission members in attendance. 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. Margaret Maqqard residing at P 0 Box 613, Wylie, Texas 75098 addressed Council stating that she was against the new liquor laws (local option propositions) passed in Wylie. She stated that these types of laws invite organized criminals to establish themselves in the geographic area to further promote money laundering. She also stated that it was not a good influence on the youth in the area. 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 June 26, 2006 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Final Plat for Woodbridge Addition Phase 13, subject property being generally located west of Woodbridge Phase 12 and north of Woodbridge Phase 10C, at the intersection of Lost Highlands Lane and Fairland Drive. (M. Manson, Assistant City Manager) Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Councilman Hogue and Mayor Pro Tern Porter absent. Minutes—July 11, 2006 Wylie City Council Page 2 REGULAR AGENDA Public Hearings 1. Conduct a Public Hearing, and act upon, Ordinance No. 2006-40 amending the zoning from Agricultural (A) to Commercial Corridor (CC), generally located south of S.H. 78 and east of Eubanks Lane, and more specifically at 1950 Highway 78 North. ZC 2006-10 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the subject property is currently zoned Agriculture and is located at 1950 Highway 78 North. The property is currently the site of an existing convenience store and motor fueling station. The applicant is requesting that the property be rezoned to Commercial Corridor. It is unclear why the property was not rezoned with the city-wide rezoning in November 2001. Council Discussion Councilman White asked if there were any other properties zoned Agricultural that need to be rezoned Commercial Corridor. Assistant City Manager Manson commented that there were a couple of other parcels that needed to be rezoned Commercial Corridor. Mayor Mondv opened the Public Hearing at 6:19 p.m. No one was present to address Council. Mayor Mondv closed the Public Hearing at 6:19 p.m. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance No. 2006-40 amending the zoning from Agricultural (A) to Commercial Corridor (CC), generally located south of S.H. 78 and east of Eubanks Lane, and more specifically at 1950 Highway 78 North. ZC 2006-10. A vote was taken and passed 5-0 with Councilman Hogue and Mayor Pro Tem Porter absent. General Business 2. Consider, and act upon, Ordinance No. 2006-41 amending Ordinance No. 2006-32 modifying the City of Wylie Drought Contingency Plan Stage 3 allowed watering days and procedures for enforcement. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the recent adoption of Ordinance No. 2006-32 has resulted in a drop of City water usage; however, the system water pressure has lowered in the northwest area of the City on the designated watering days. Adoption of Ordinance No. 2006-41 modifies the Minutes—July 11, 2006 Wylie City Council Page 3 allowable watering days within the City of Wylie and the procedures for enforcing the mandatory water use restrictions. He explained that the ordinance allows for citations to be given on the first offense but the city would still give some warnings. It also addresses allowing the City Manager the discretion to appoint other staff to enforce the regulations. Council Discussion Councilman Young asked Mr. Hoisted what constitutes runoff. Mr. Hoisted stated this was a judgment call. He explained that with the current regulations, citizens had sixteen hours once a week of potential watering time. The runoff would more than likely happen if a resident watered many hours and would give the city the capability to stop excessive watering. Councilman Young then asked what would happen if the City did not comply with NTMWD regulations. Mr. Hoisted explained that if cities did not comply with the recommended regulations, NTMWD would have to move to stage 4 and would allocate only a certain amount of water per day per city. Once the allocation ran out, the City would receive no more water for that designated day. Councilman Byboth asked Mr. Hoisted which day each citizen was supposed to water; the regular trash day or the recycle day. Mr. Hoisted replied that citizens should follow the regular trash pick up day. He then asked what commercial businesses would do if they did not have a trash day. Mr. Hoisted replied that those businesses should pick one day per week to water. He explained that some of the parks were having to water in segments which went over the allotted day but each segment was only watered once per week. Councilman Newsom asked if other staff besides police would be serving citations. City Manager Roath explained that for the current time, the police department would still be writing citations. Staff was still going through the process of reorganizing the issuing of citations. He explained that staff was doing a very good job enforcing the regulations. Mr. Hoisted stated that the current numbers for usage in July showed a good reduction in water. He explained that it would only continue to reduce as citizens got accustomed to the new regulations. He explained that NTMWD estimated that Stage 3 could last as long as the summer of 2007. Council Action A motion was made by Councilman Byboth, seconded by Councilman White to approve Ordinance No. 2006-41 amending Ordinance No. 2006-32 modifying the City of Wylie Drought Contingency Plan Stage 3 allowed watering days and procedures for enforcement. A vote was taken and passed 5-0 with Mayor Pro Tern Porter and Councilman Hogue absent. 3. Consider, and act upon, a Development Agreement between the City of Wylie and Estates at Creekside Phase IV Development,Inc. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the recently adopted Water and Sewer Capital Improvements Plan identifies lines and pump station improvements necessary to serve future development of the City. The plan specifies that a 20-inch water line is necessary in the Creekside Estates Development to connect the new elevated storage tank to the system. The projected cost for this project in the capital improvements plan is $866,000. Council Discussion Councilman Young asked if the impact fees of $1,700,000. came from Creekside estates or from all developments in Wylie. Mr. Hoisted explained that the impact fees came from all developments but the amount requested in the item was, percentage wish, more than impact fee commitments for that development. Minutes—July 11, 2006 Wylie City Council Page 4 Council Action A motion was made by Councilman Young, seconded by Councilman White to approve a Development Agreement between the City of Wylie and the Estates at Creekside Phase IV Development, Inc. A vote was taken and passed 5-0 with Mayor Pro Tem Porter and Councilman Hogue absent. 4. Consider, and act upon, a Development Agreement between the City of Wylie and Woodbridge 13,Ltd. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the recently adopted Water and Sewer Capital Improvements Plan identifies lines and pump station improvements necessary to serve future development of the City. The plan specifies that a 12-inch water line is necessary to loop the water system in the Woodbridge Development. The projected cost for this project in the capital improvements plan is $740,000. Council Discussion Councilman Young asked if both Items 3 and 4 were approved tonight would that replenish most of the reserves for impact fees. Mr. Holsted explained that the estimates were mush lower for the two agreements presented tonight and would leave somewhere around $1,000,000. in the current reserves. Council Action A motion was made by Councilman Newsom seconded by Councilman Byboth to approve a Development Agreement between the City of Wylie and Woodbridge 13, Ltd. A vote was taken and passed 5-0 with Mayor Pro Tern Porter and Councilman Hogue absent. 5. Consider, and act upon, accepting bid and entering into lease agreement on 65 acres of City property to be used for hay production. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that competitive bids were solicited for the lease of approximately 65 acres of property located on what is commonly referred to as the Wells Property. One bid was submitted by Larry K. Allen in the amount of$12.00 per acre for a total of$780.00 annually. The lease agreement provides for temporary use of the property for the sole purpose of hay production. Council Discussion Councilman Byboth had concerns regarding the bidding of this item. He explained that he knew 4 people that wished to bid on the land lease. He stated that he did not know about the bidding and asked if the bid notice had been published. Mr. Sferra stated that the bid process had been published in the same manner as all other city bids. Mayor Mondy stated that the City had followed the guidelines for municipal bidding. Councilman Byboth stated that more information by staff could have been disseminated to Council. Mayor Mondy asked Julie Fort of the City Attorney's Office if the City could notify differently than it normally does. Ms. Fort replied that all City bids must be published and notified in the same way. Minutes—July 11, 2006 Wylie City Council Page 5 Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to approve a contract between The City of Wylie and Larry K. Allen, in the amount of $780.00, for hay production on approximately 65 acres of City property, for a period of one year with the option to renew. A vote was taken and passed 4-1 with Mayor Mondy, Councilman Newsom, Councilman White, and Councilman Young voting for and Councilman Byboth voting against with Mayor Pro Tern Porter and Councilman Hogue absent. Councilman Hogue arrived at 7:10 p.m. 6. Consider, and act upon, Ordinance No. 2006-42 establishing a Code of Ethics. (J. Fort, Attorney-at-Law) Staff Comments Julie Fort representing the City Attorney's Office addressed Council stating that Mayor John Mondy expressed interest at the June 13th City Council meeting in establishing a Code of Ethics. She explained that the City Attorney's Office has drafted legislation on ethics for Council consideration and possible action. She stated that the draft ordinance had been styled for the City of Wylie. Council Discussion Councilman Young asked if Section 6, Public Property and Resources could be struck from the proposed code. Ms. Fort stated that it could be struck. Councilman Young then asked if he supported someone for political office could he do this as a citizen, but not as a Councilman. Ms. Fort stated that was correct, as long as the office title was not used. Councilman Newsom asked why a councilmember could not be designated as a campaign treasurer for another candidate. Ms Fort replied that this was not a requirement to be included in the proposed code and could be removed. Mayor Mondy and Councilman Newsom asked that the requirement that boards and commission members may not do business with the City of Wylie be removed. Councilman Newsom stated that this clause for B & C members would restrict the City from allowing qualified members to serve on various boards. Mayor Mondy also made mention of the effective date of the ordinance and mentioned that the time of effectiveness should be upon acknowledgement of the requirements. Councilman Newsom stated that the proposed ordinance should be written in a simpler manner. Councilman Young stated that he believed the laws already in existence in state law should not be included but rather noted for reference back to the state code. After further discussion between Council and Ms. Fort, Councilman Newsom asked if the item could be tabled until a full council was present. Councilman Young stated that he agreed. Ms. Fort stated that all changes could be incorporated into the draft and presented back to Council at the next Regular Council Meeting. Council gave some additional recommendations to Ms. Fort and asked the City Secretary to contact Mayor Pro Tern Porter for recommendations and that Ms. Fort revise and present the proposed draft at the next meeting. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to table consideration of Ordinance No. 2006-42 to the July 25, 2006 Regular Council Meeting to allow the City Attorney's Office time to make all revisions noted tonight to the proposed ordinance and obtain and include any recommendations from Mayor Pro Tern Porter. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. Minutes—July 11, 2006 Wylie City Council Page 6 7. Consider, and act upon, authorizing the City of Wylie to join other cities in proceedings involving coal generation before the Texas Commission on Environmental Quality. (J. Mondy, Mayor) Council Discussion Mayor Mondy addressed Council stating that Ms. Laura Miller, Mayor, City of Dallas had forwarded to him a memorandum and White Paper involving potential proceedings before the Texas Commission on Environmental Quality regarding coal plants. He explained that there were 17 coal generating plants coming on line and 12 of these are part of the TXU Power generators. Bill Harper, representative of TXU Electric was present to address Council. He stated that he was not affiliated with the Power side but would try and answer questions. With demands going up for electricity, the power company will be required to put more coal burning generators online. He explained that reserves for electricity were getting short and these new generators were very much needed. He stated that it was incumbent upon the electric companies to provide this electricity. He explained that the impact on the environment was something he had no expertise in and would defer to say that TXU Power will not build a plant without the hearings and permitting of TCEQ. He stated that all matters regarding environmental issues should be addressed both to TCEQ and TXU Power. He also commented that all new technology should be reviewed by TXU in regard to air quality with construction of these new power plants. City Manager Roath suggested he contact both the cities of Murphy and Sachse to see if they would be interested in cost sharing a $10,000. contribution to the formal intervention group made up of Dallas/Fort Worth cities to research (including experts) and have the opportunity to contest permits unless clean air processes are utilized. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to table action on this item to the July 25, 2006 Regular Council Meeting to allow the City Manager time to contact the City of Murphy and the City of Sachse for possible joint contributions. A vote was taken and passed 6-0 with Mayor Pro Tem Porter absent. WORK SESSION • Discussion on the City of Wylie's 120th Birthday Celebration. (M. Sferra, Public Services Director) Mayor Mondy convened into Work Session at 7:45 p.m. Representatives from the Parks and Recreation Board and staff addressed Council stating that the October, 2006 timing of the proposed event was not a good time for planning and implementation of the event. They suggested that the event be postponed to October of 2007. Direction from Council was to bring back a work session the 2nd meeting in October of 2006 to begin work on a celebration to be held in 2007 and to allow the Parks Board to be the steering committee for the City in planning the event with other entities. RECONVENE INTO REGULAR SESSION Mayor Mondy reconvened into Regular Session at 8:10 p.m. Minutes—July 11, 2006 Wylie City Council Page 7 8. Consider, and act upon, the City of Wylie's 120th Birthday Celebration. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that should City Council desire to mark the event with a celebration, logistical coordination including items such as selecting a date, time, and location, identifying funding sources, arranging partnerships, scheduling events and activities, and appointing a coordinating committee may be considered. Council Action A motion was made by Councilman Hogue, seconded by Councilman Byboth to table the item to the second meeting in October 2006, to allow the Parks and Recreation Board time to discuss and plan an event to be held in October of 2007. A vote was taken and passed 6-0 with Mayor Pro Tern Porter absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read Ordinances No.'s 2006-40 and 2006-41 into the official record. ADJOURNMENT With no further business before Council, Councilman Byboth made a motion to adjourn at 8:15 p.m. Consensus of Council was to adjourn. / % ohn Mo y, or ATTEST: a. %Ehrlich%ty ecretary f • rE P.�`� Minutes—July 11, 2006 Wylie City Council Page 8