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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 Page 1 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 Page 2 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. Minutes—February 24 2009 Wylie City Council Page 3 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 Minutes—February 24 2009 Wylie City Council Page 4 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 Minutes—February 24 2009 Wylie City Council Page 5 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 Page 6 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. e. Eric Hogue, Mayor r- ts4F 117.10.j. ATTEST: - • Car le Ehrlich, ity ecretary Minutes—February 24 2009 Wylie City Council Page 7