02-24-2009 (City Council) Minutes 74( Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, February 24, 2009 - 7:00 pm
Wylie Municipal Complex - Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 7:00 p.m. with the following City Council
members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman
David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police
Chief, John Duscio; Public Services Director, Mike Sferra; Interim Finance Director, Melissa
Beard; Library Director, Rachel Orozco; WEDC Executive Director, Sam Satterwhite; Public
Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Randy Corbin gave the invocation and Police Chief John Duscio led the Pledge of
Allegiance.
PRESENTATION
• Presentation and Proclamation recognizing retiring K-9 Officer Carlo's service
to the City of Wylie. (J. Duscio, Police Chief)
Mayor Hogue read a proclamation designating February 24th 2009 as "K-9 Officer Carlo Day."
K-9 Officer Carlo has served the City of Wylie Police Department for the last 8 years. During his
service he lived and worked with his handler Officer Brenda Martin. Carlo can no longer perform
at an acceptable level due to age related health issues and is retiring.
Minutes— February 24 2009
Wylie City Council
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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 he limited to three (3) minutes. In addition. Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
• Comments regarding City of Wylie Impact Fees. (Tommy Pulliam, citizen)
Tommy Pulliam, residing at 1440 E. FM 544, addressed Council regarding the cost of
thoroughfare fees for the City of Wylie. He asked the Wylie City Council to review the fees to
see if the costs could be reduced and more in line with other cities. Direction from council to
staff was to bring this item back in the forum of a work session for a future council meeting.
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 he separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes from the February 10, 2009
Regular Meeting of the City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2009-07 authorizing the appointment of
Terry Douglas as Associate Municipal Court Judge for the City of Wylie effective
April 1, 2009, setting terms and stipend of service. (J. Butters, Assistant City
Manager)
C. Consider, and act upon, Resolution No. 2009-08(R) authorizing the appointment of
Don High as Municipal Prosecutor for the City of Wylie effective April 1, 2009,
setting terms and stipend of service. (J. Butters, Assistant City Manager)
D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure
Reports as of January 31, 2009. (M. Beard, Interim Finance Director)
E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of January 31, 2009. (S. Satterwhite,
Executive Director, WEDC)
Council Action
A motion was made by Councilman Young, seconded by Councilman White to approve the
Consent Agenda as presented with one correction to the minutes, page one showing Mayor Pro
Tern Byboth absent for the February 10, 2009 meeting. A vote was taken and the motion
passed 7-0.
Minutes— February 24 2009
Wylie City Council
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REGULAR AGENDA
Public Hearing
1. Conduct the first of two Public Hearings for the annexation of a 7 acre tract of
land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas,
generally located south of Martin Drive and east of South Ballard Avenue. (R. 011ie,
Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that due to the cancellation of the January 27, 2009
council meeting, this annexation was required to be republished and the public hearings rescheduled
accordingly. She explained that this annexation is at the request of the property owners, James Stephen
Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave
within the Extraterritorial Jurisdiction (ETJ) of Wylie. Before a municipality may begin annexation
proceedings, the governing body of the municipality must conduct two (2) public hearings at which
persons interested in the annexation are given the opportunity to be heard. Public hearings will be heard
on February 24, 2009 and March 10, 2009 with final adoption by Ordinance on March 31, 2009.
Public Hearing
Mayor Hogue opened the public hearing for the annexation at 7:30 p.m. asking anyone present
wishing to address City Council on this item to come forward and hold their comments to 3
minutes.
No one was present to address City Council on this item.
Mayor Hogue closed the first of two public hearings on this item at 7:30 p.m.
No action was required on this proposed annexation. The second public hearing will be held on
March 10, 2009.
General Business
2. Consider, and place on file the Wylie Police Department 2008 Annual Traffic
Contact Report. (J. Duscio, Police Chief)
Staff Comments
Police Chief Duscio addressed Council stating that the Texas Senate Bill (SB 1074) requires police
departments to collect traffic-related contact data and to report the contact data to their governing body
every year, no later than March of the following year. He explained that the 2008 Wylie Police
Department Annual Traffic Contact Report meets and exceeds all requirements of SB 1074.
Council Action
A motion was made by Councilman White, seconded by Councilman Porter to accept and place
on file the Wylie Police Department 2008 Annual Traffic Contact Report. A vote was taken and
the motion passed 7-0.
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Wylie City Council
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3. Consider, and act upon, authorizing the City Manager to execute an agreement
between the City of Wylie and Brenda Martin to release ownership and liability of
K-9 Carlo upon his retirement to Officer Brenda Martin for a fee of $1.00. (J.
Duscio, Police Chief)
Staff Comments
Police Chief Duscio addressed City Council stating that K-9 Carlo has served the City of Wylie Police
Department for the last 8 years. During his service he lived and worked with his handler Officer Brenda
Martin. Carlo can no longer perform at an acceptable level due to age related health issues. This
agreement between the City of Wylie and Officer Martin is to exchange possession, ownership, and
responsibility for K-9 Carlo. The City will relinquish ownership and responsibility of K-9 Carlo to Officer
Martin for a fee of$1.00.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to authorize the
City Manager to execute an agreement between the City of Wylie and Brenda Martin to release
ownership and liability of K-9 Carlo upon his retirement, to Officer Brenda Martin for a fee of
$1.00. A vote was taken and the motion passed 7-0.
4. Consider, and act upon, approval of an Alternative Parking Agreement for 544
Industrial Park, Block 2, Lots 1B & 1C. Subject property being generally located on
the northwest corner of FM 544 & Commerce Drive. (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed City Council stating that the applicant is requesting approval for special
off-site parking alternatives whereby the required parking spaces are located on a separate parcel from
the lot on which the principal use is located. The Zoning Ordinance requires City Council review and
approval for special off-site Parking Alternatives.
She explained that the applicant is proposing to lease an existing commercial building for a Financial
Institution, without drive through provisions. The property is zoned Commercial Corridor (CC) District and
the use is allowed by right. The agreement allows for Tract A& B and any occupants to share the parking
spaces. The primary lot (Tract A) does not have sufficient area to construct the required parking.
However, there will be 3 parallel spaces on site, with the remaining 6 spaces located off-site.
Ms. 011ie reported that the issuance of a certificate of occupancy for the property is expressively
contingent upon this agreement being filed and recorded with the County Clerk and remaining in effect,
as it runs with the land. Consequentially, each new tenant is bound by this same agreement. If the
parking agreement is not filed or is voided by the owner and/or tenant, the owner would have to replat
both lots into a single lot to meet all regulations of the Zoning Ordinance or cease to operate.
Applicant/Council Discussion
Councilman Young asked Planning Director 011ie why the property was not re-platted rather than
presenting an alternative parking agreement. Ms. 011ie replied that the zoning ordinance gives the
applicant the opportunity to present an alternative parking agreement which then must be approved by
the Wylie City Council; if the agreement is not approved than re-platting would be required. Councilman
Porter asked Ms. 011ie if it was an advantage to have the option of an alternative parking agreement or
should the ordinance be changed. Ms. 011ie replied that in some cases it was good to have this option.
Councilman Goss asked what would happen if the property sold. Ms. 011ie replied that the new owner(s)
would be required to stay with the intent of the parking agreement or would be required to replat the
property. Councilman Young stated that he was concerned with not re-platting the property now in
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Wylie City Council
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regards to what the Wylie Economic Development Corporation was trying to achieve. He stated that it
was a concern having these types of alternative parking agreements in regards to the resale of the
buildings in the future.
Applicant Tom Grunnah addressed Council stating that the new owners of this property would more than
likely re-plat the properties but was requesting that the alternative parking be approved at this time.
Council Action
A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to approve an
alternative Parking Agreement for 544 Industrial Park, Block 2, Lots 1 B & 1 C; the subject
property being generally located on the northwest corner of FM 544 and Commerce Drive. A
vote was taken and the motion passed 5-2 with Mayor Hogue, Mayor Pro Tern Byboth,
Councilman White, and Councilman Porter voting for and Councilman Goss and Councilman
Young voting against.
WORK SESSION
• Presentation regarding a recommendation from the Public Art Advisory Board to
accept the donation of art by sculptor Herk van Tongeren to the City of Wylie. (C.
Ehrlich, City Secretary)
Public Arts Advisory Board staff liaison Ehrlich addressed City Council stating that The Public
Arts Advisory Board was contacted by art consultant Sharon Leeber who is currently assisting
the Public Art Selection Process for Fire Station #3 and Founder's Park.
Ms. Leeber presented to the board a rare opportunity to accept a donation of art to the Wylie
Public Art Program. She explained that this piece was previously commission by her for a client
in the early 1980's. She explained that the owner was renovating the building area where the art
has been for 20 some years and could no longer use the art. Ms. Leeber immediately thought
of the City of Wylie being familiar with the new civic center that was being constructed in the
next couple of years and the placement of this particular piece of art in that space. She
explained that the owner was willing to donate the art to the City of Wylie. The only costs
involved would be for transportation, storage until the buildings were constructed, a small
stipend to the art consultant for negotiating the art and base construction within the space the
art will be placed. Ms. Ehrlich gave a short presentation on the art piece, the artist's background
and the reasoning behind the art for the Wylie Civic Center.
Direction from the Wylie City Council was to schedule this item for consideration on a future
agenda with cost estimates and an agreement for the donation of art between the owner and
the City.
• Presentation, update and discussion on the re-design and functionality of
www.wvlietexas.gov. (C. Kelly, Public Information Officer)
Public Information Officer Kelly addressed Council stating that the web redesign team was an
incredible in-house resource. The team included: Shaun Butterley, Robert Diaz, Carol Ehrlich,
Rachael Hermes, Renae' 011ie, Rachel Orozco, Margaret Schlossstein, Tommy Walters and
Craig Kelly. He explained that over the course of a few months we met several times to analyze
other websites, critique our current site and define the new sites design, functionality, elements
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and navigation. We read the book, "Don't Make Me Think" by Steve Krug, along with a variety
of articles focused on web design.
The goals of the team were to:
• Create a "One Stop Shop" for City information
• Use a Content Management System (CMS) to empower our department experts
• Provide a cost effective solution
• Create an interactive, easy to navigate, visually pleasing, de-cluttered web experience
• Explore the latest"social networking" tools
• Enhance "two-way" communication for our citizens, businesses and visitors through
Customer Relationship Management(CRM)tool
The new design was presented to Council with a focus on the Customer Relationship
Management tool. He reported that the team looked at the functionality of a CRM and how
other cities have implemented it along with the different elements of the homepage and how
they contribute to a user friendly experience on www.wvlietexas.00v. Council approved the
design enabling the team to move forward in the next step of the process which is coding and
transforming the design into a usable site.
Mayor Hogue reconvened into Regular Session at 8:30 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Work Session.
Mayor Hogue convened into Executive Session at 8:32 p.m. citing Section 551.071 consultation with
Attorney regarding Park Land Dedication Fees.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Section 551.071 Consultation with Attorney; A governmental body may not conduct a
private consultation with its attorney except:
(1) When the governmental body seeks the advice of its attorney
(A)Pending or contemplated litigation;or
(B)A settlement offer;or
(2) On a matter in which the duty of the attorney to the governmental body under the Texas
Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this
chapter.
• Park Land Dedication Fees
Mayor Hogue reconvened into Regular Session at 8:50 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
There was no action taken as a result of Executive Session.
Minutes—February 24 2009
Wylie City Council
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ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Mayor Pro Tern
Byboth, seconded by Councilman White to adjourn the meeting at 8:50 p.m. Consensus of City
Council was to adjourn.
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Eric Hogue, Mayor
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Minutes—February 24 2009
Wylie City Council
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