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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. , F ' \<N y�'%�,' hn Mondy, Mayor ATTEST: _ SE 1,4 ......••' Pam, Caro Ehrlich, ii(ecretary: '''��'� ,E;,, ``�```` Minutes—August 22, 2006 Wylie City Council Page 8