08-22-2006 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, August 22, 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 Eric Hogue, Councilman Earl Newsom, Councilman Rick
White, and Councilman Merrill Young. Councilman Red Byboth was absent.
Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson;
Finance Director, Larry Williamson; Police Chief, Jeff Butters; City Engineer, Chris Hoisted;
WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter; City
Secretary, Carole Ehrlich and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Councilman Hogue gave the Invocation and Councilman Young 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 was no one present to address Council during Citizens Comments.
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 August 8, 2006 Regular Meeting of the City
Council and August 15, 2006 Special Called Budget Work Session Meeting. (C.
Ehrlich, City Secretary)
Minutes—August 22, 2006
Wylie City Council
Page 1
B. Consider, and act upon, authorizing the Mayor to sign a Step Wave Program Grant
with the State of Texas Department of Transportation in the amount of$15,000. (J.
Butters, Police Chief)
C. Consider, and act upon, authorizing the Mayor to sign a contract with Collins
Propane for the sale and delivery of propane gas for City facilities. (M. Sferra,
Public Services Director)
Council Action
A motion was made by Councilman Hogue, seconded by Councilman Newsom to approve the
Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Byboth
absent.
REGULAR AGENDA
Public Hearings
1. Conduct a Public Hearing on the proposed tax rate of $0.715 for Fiscal Year 2006-
2007. (L. Williamson, Finance Director)
Staff Comments
Finance Director Williamson addressed Council stating that in accordance with the "Truth in Taxation"
laws, City Council took a roll call vote on the proposed tax rate and scheduled two public hearings. This
is the first of two public hearings to be held to provide taxpayers an opportunity to discuss the proposed
tax rate. The final vote on the proposed tax rate is scheduled to be held September 12, 2006. Mayor
Mondy asked if the proposed tax rate could be changed with all proposed budget items in place. Mr.
Williamson replied that it could be changed. Mayor Mondy asked Mr. Williamson what amount it could be
lowered to. Mr. Williamson replied that it could be lowered to $.695. He explained that the additional
amount proposed this year was to cover the bond projects. Councilman Newsom asked if the tax rate
was left at $.695 would it be necessary to go up $.04 cents next year to cover the bond package. Mr.
Williamson explained that when the bond package was calculated, it was calculated at a tax increase of
$.02 cents per year. He stated that based on the proposed bond calculation and not knowing the tax roll
for the coming year he could not say for sure. He explained that the growth each year would determine
any changes that could be made to the proposed increases for the bond program.
Public Hearing
Mayor Mondv opened the Public Hearing at 6:06 p.m.
No one was present to address Council on the item
Mayor Mondv closed the Public Hearing at 6:07 p.m.
No action was needed on this item. The second Public Hearing on the proposed tax rate for
Fiscal Year 2006-2007 will be conducted at the Special Called Wylie City Council Meeting of
August 29, 2006.
2. Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-53
amending the Official Zoning Map for specific commercial and industrial zoning
Minutes—August 22, 2006
Wylie City Council
Page 2
districts to conform to the newly adopted zoning regulations. (M. Manson, Assistant
City Manager)
Staff Comments
Assistant City Manager Manson addressed Council stating that the City Council approved revisions to the
Comprehensive Zoning Ordinance on January 24, 2006. Upon adoption, Business Center (BC) and
Industrial (I) districts were eliminated and Light Industrial (LI) and Heavy Industrial (HI) were created,
resulting in the need to update the Official Zoning Map. Ms. Manson reviewed the map changes with
Council.
Mayor Mondv opened the Public Hearing at 6:14 p.m.
No one was present to address Council on this item
Mayor Mondy closed the Public Hearing at 6:14 p.m.
Council Action
A motion was made by Councilman Newsom, seconded by Councilman Porter to approve
Ordinance No. 2006-53 amending the Official Zoning Map for specific commercial and industrial
zoning districts to conform to the newly adopted zoning regulations. A vote was taken and
passed 6-0 with Councilman Byboth absent.
General Business (and Public Hearing)
3. Consider, and act upon, the adoption of Ordinance No. 2006-54, for the annexation
of a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23,
Collin County, Texas; generally located west of F.M. 544, north of Elm Road. (M.
Manson, Assistant City Manager)
Executive Summary
Assistant City Manager Manson addressed Council stating that this annexation is at the request of
property owner, Michael Hood. The subject property is located on the west side F.M. 544, north of the
Braddock Place Development and east of the Twin Lakes Subdivision. In compliance with state law, the
required schedule has been followed and two public hearings have been held at which interested persons
have been given the opportunity to be heard.
Council Action
A motion was made by Councilman Young, seconded by Councilman White to adopt Ordinance
No. 2006-54, for the annexation of a 61.26 acre tract of land located in the Allen Atterberry
Survey, Abstract No. 23, Collin County, Texas; generally located west of F.M. 544, north of Elm
Road. A vote was taken and passed 6-0 with Councilman Byboth absent.
4. Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-55,
amending the zoning from Agriculture (A) to Planned Development (PD) District to
allow for single-family residential of varied densities, generally located south of
Stone Road and west of F.M. 544. (ZC 2006-11). (M. Manson, Assistant City
Manager)
Minutes—August 22, 2006
Wylie City Council
Page 3
Staff Comments
Assistant City Manager Manson addressed Council stating that this zoning case is subject to final
acceptance of the annexation. The subject property is located south of Stone Road and west of F.M.
544. The applicant, Michael Hood, is requesting to rezone 61.28 acres to allow for single family
residential uses of varied densities. She explained that during the work session held August 8, 2006
direction was given to Skorburg Company regarding the proposed Planned Development and those
recommendations have been amended into the proposed plan. She reported that the plan called for 10%
of the lots to be a minimum home size of 2,600 sq. ft., with the remainder to be a minimum of 3,000 sq.
ft.; with the lots adjacent to the current property owners to be not less than 3,600 sq. ft. home size. She
stated that the set backs were proposed at 35 feet. Mayor Mondy asked if the minimum square footage
was for air conditioned areas. Ms. Manson replied that it was. Mayor Mondy asked if the developer had
met all the recommendations made at the work session. Ms. Manson replied that they had including the
extension of the birm on the south side of Alanis down to F.M. 544. She explained that this was a concept
design and some of the birm may be in the right-of-way and may need to be revised slightly. She reported
that the Planning and Zoning Commission voted to recommend approval 6-1.
Council Discussion
Councilman Newsom asked about what the wording"all lot calculations are on a cumulative basis"meant.
Ms. Manson replied that this meant that calculations are intended to reflect and default to the written
description. The proposed layout design may change slightly but the maximum lot count must remain the
same as written in the Planned Development.
Mayor Mondv opened the Public Hearing at 6:21 p.m.
No one was present to address Council on this item.
Mayor Mondv closed the Public Hearing at 6:21 p.m.
Council Action
A motion was made by Mayor Pro Tern Porter, seconded by Councilman White to adopt
Ordinance No. 2006-55, amending the zoning from Agriculture (A) to Planned Development
(PD) District to allow for single-family residential of varied densities, generally located south of
Stone Road and west of F.M. 544. (ZC 2006-11) A vote was taken and passed 6-0 with
Councilman Byboth absent.
5. Consider, and act upon, authorizing the Mayor to sign a Development Agreement
between the City of Wylie and the Skorburg Company for a tract known as the
Hood property or Alanis Crossing. (M. Manson, Assistant City Manager)
Staff Comments
Assistant City Manager Manson addressed Council stating that the land, subject to the proposed
Development Agreement, is a 61.26 acre tract of land known as the Hood property, or Alanis Crossing.
The purpose of the proposed Development Agreement is to address the dedication of right-of-way and
construction of Alanis Drive. She reported that parkland fees would be paid in full by the developer.
Mayor Mondy asked if City Attorney Abernathy had reviewed the agreement. Ms. Manson stated that he
had seen the agreement and Julie Fort had also received a copy of the agreement. Mayor Monday asked
if it would be possible to table this item until Richard Abernathy had an opportunity to review the complete
agreement. Ms. Manson stated that tabling the item would cause no problem other than waiting a little
longer to begin construction.
Minutes—August 22, 2006
Wylie City Council
Page 4
Council Action
Mayor Mondy asked that Item #5 be considered after Item #9 to allow time for the City Attorney
to comment on the item. Consensus of Council was to move Item #5 to the end of the regular
agenda after Item #9.
6. Consider, and act upon, Resolution No. 2006-23(R) requesting that the State of
Texas Department of Transportation release ownership and control of F.M. 1378
from F.M. 3412 to F.M. 2514. (C. Holsted, City Engineer)
Staff Comments
City Engineer Hoisted addressed Council stating that in 2003, Collin County funded $3,000,000 for the
engineering and construction of F.M. 1378 from Brown Street to Parker Road. The City of Wylie funded
approximately $9,700,000 for the construction of the roadway. Removing the roadway from the state
system would reduce the construction cost of the project, speed up design and right-of-way acquisition,
and allow the City to administer utility relocations necessary for paving improvements. The City would
accept any maintenance responsibility for the roadway until reconstructed.
Council Action
A motion was made by Councilman Hogue, seconded by Councilman Young to approve
Resolution No. 2006-23(R) requesting that the State of Texas Department of transportation
release ownership and control of F.M. 1378 from F.M. 3412 to F.M. 2514. A vote was taken and
passed 6-0 with Councilman Byboth absent.
7. Consider, and act upon, authorizing the Mayor to execute a contract between the
City of Wylie,Texas and Dataprose Billing Solutions to provide for the printing and
mailing of utility bills, internet utility bill presentment and online utility payment
facilities. (L. Williamson, Finance Director)
Staff Comments
Finance Director Williamson addressed Council stating that the Utility Billing Division has had many
requests from city utility customers for the ability to pay their utility bills online. The proposed contract
would include printing and mailing of utility bills as well as online bill presentment and online bill paying.
The proposed contract term would be from October 1, 2006 to September 30, 2009. Currently the Wylie
contract for utility billing is piggy backed with the City of Plano. He explained that with this contract, the
City of Wylie would have an individual contract that would cover previous services at the same cost and
the new internet utility bill presentment and online utility payment at an additional cost of$14, 750.
Council Action
A motion was made by Councilman Hogue, seconded by Councilman Newsom to authorize the
Mayor to execute a contract between the City of Wylie, Texas and Dataprose Billing Solutions to
provide for the printing and mailing of utility bills, internet utility bill presentment and online utility
payment facilities. A vote was taken and passed 6-0 (Councilman Young was absent for the
vote thereby voting in the affirmative in lieu of abstention)with Councilman Byboth absent.
Minutes—August 22, 2006
Wylie City Council
Page 5
8. Consider, and act upon, affirming that East Fork SUD and Wylie Northeast SUD
should enforce their Drought Contingency Plans within the corporate limits of the
City of Wylie. (M. Witter, Public Information Officer)
Staff Comments
Public Information Officer Witter addressed Council stating that the current ordinance and Drought
Contingency Plan adopted, encompasses the entire city. East Fork SUD has requested that the city
distinguish that Wylie residents served by East Fork or Wylie Northeast should follow the watering day
and restrictions established by their water provider. He explained that residents were confused regarding
which watering day to follow. This affirmation would layout the watering day requirements.
Council Discussion
Mayor Mondy asked City Engineer Hoisted why the three water utility districts could not work out a
uniform policy for restrictions. City Engineer Hoisted replied that the North Texas Municipal Water district
was meeting with the other two districts and member cities to talk about the current restrictions next week.
Mr. Hoisted stated that his recommendation was to move forward with the affirmation and once the
districts meet, revise if needed. Finance Director Williamson explained that East Fork SUD has informed
the City that until this affirmation is posted on the City webpage, they will not relinquish the sewer
readings of Wylie sewer customers for billing. He explained that the two person staff with the East Fork
SUD had been inundated with calls regarding watering days and required the information be provided by
the City so to inform citizens.
Council Action
A motion was made by Councilman Hogue, seconded by Councilman Newsom affirming that
East Fork SUD and Wylie Northeast SUD should enforce their Drought Contingency Plans
within the corporate limits of the City of Wylie and post this affirmation on the webpage referring
citizens to their local provider for further information. A vote was taken and passed 6-0 with
Councilman Byboth absent.
9. Consider, and act upon, appointments to the Public Arts Advisory Board for terms
to expire in June of 2007 and June of 2008. (Mayor Pro Tern Porter, Chair of Advisory
Interview Panel)
Council Discussion
2006 Wylie Boards and Commissions Interview Panel Chair, Mayor Pro Tern Porter thanked the staff of
the City Secretary's Office for their assistance in the scheduling and assisting with the interview process
for candidates for the Wylie Public Arts Board, and made by motion the following recommendations:
Council Action
A motion was made by Mayor Pro Tern Porter, seconded by Councilman Young to recommend
for approval the following members to the Wylie Public Arts Advisory Board for the terms noted
below:
Barbara Marks, 1 year term
Polly Harrison, 2 year term
Patsy Robertson, 1 year term
Kathy Spillyards, 2 year term
Stewart Matthews, 2 year term
Larry Clark, 1 year term
Warner Washington, 2 year term
A vote was taken and passed 6-0 with Councilman Byboth absent.
Minutes—August 22, 2006
Wylie City Council
Page 6
5. Consider, and act upon, authorizing the Mayor to sign a Development Agreement
between the City of Wylie and the Skorburg Company for a tract known as the
Hood property or Alanis Crossing. (M. Manson, Assistant City Manager)
Mayor Monday called for further discussion and possible action on Item#5.
Council/Attorney Discussion
City Attorney Richard Abernathy addressed Council stating that he had reviewed the changes
and apologized for the delay. Councilman Hogue asked if the Special Called Meeting of August
29, 2006 would allow time for the final review of the agreement. Mr. Abernathy replied that he
would have time to contact the parties involved and finally review the document by that date.
Council Action
A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to table
consideration of the Development Agreement between the City of Wylie and the Skorburg
Company regarding the Hood Property or Alanis Crossing to the August 29, 2006 Special
Called Meeting to allow time for the City Attorney to review the proposed agreement. A vote was
taken and passed 6-0 with Councilman Byboth absent.
WORKSESSION
• Discussion, and possible direction, on 2006 Water and Wastewater Rate
Study prepared by McLain Decision Support Systems.
Mayor Mondy asked that the Work Session for discussion and possible direction on the 2006
Water and Wastewater Rate Study prepared by McLain Decision Support Systems be tabled to
the August 29, 2006 Special Called Meeting.
Council Action
A motion was made by Councilman Newsom, seconded by Councilman White to table this item
to the August 29, 2006 Special Called Meeting. A vote was taken and passed 6-0 with
Councilman Byboth absent.
READING OF ORDINANCES
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific
exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those
exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive
Session, will be taken and recorded in open session.
City Secretary Carole Ehrlich read the captions to Ordinances 2006-53, 2006-54, and 2006-55
into the official records.
Mayor Mondy called for a 10 minute break
Minutes—August 22, 2006
Wylie City Council
Page 7
Mayor Mondy convened into Executive Session describing exception, SS 551.074 Personnel
Matters; closed meeting; to deliberate the evaluation of the City Manager at 7:00 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
SS 551.074 Personnel Matters; Closed Meeting
• To deliberate the Evaluation of the City Manager
Mayor Mondv reconvened in Open Session at 7:55 p.m.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Council Action
A motion was made by Councilman Hogue, seconded by Councilman Young to cancel the
employment agreement dated July 19, 2004 between Mark Roath and the City of Wylie, Texas
and any amendments of the employment agreement and his employment as City Manager of
Wylie Texas, without cause; giving Mr. Roath written notice of the cancellation and termination
according to the employment agreement. Councilman Hogue also moved that the Mayor or his
designee give Mr. Roath written notice as soon as possible and that the City of Wylie pay him
his severance pay in accordance with his employment agreement and any amendments to the
employment agreement. A vote was taken and passed 6-0 with Councilman Byboth absent.
ADJOURNMENT
With no further business before Council, Councilman Young made a motion to adjourn at 7:59
p.m., with Councilman White making the second. Consensus of Council was to adjourn.
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Minutes—August 22, 2006
Wylie City Council
Page 8