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03-10-2009 (City Council) Minutes _41 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, March 10, 2009 — 7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. "Mayor for the Day" Robert Brown and Mayor Eric Hogue called the meeting to order at 7:00 p.m. with the following City Council members present: Mayor Pro Tern 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; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Jeff Denton, Pastor of Waterbrook Bible Fellowship in Wylie, Texas gave the invocation and "Mayor for the Day", Robert Brown, led the Pledge of Allegiance. PRESENTATION • Presentation to 4th Six Weeks Star Students - Character Trait of Trustworthiness." (Mayor Hogue/City Council) Mayor Hogue and Mayor Pro Tem Byboth presented medallions to students demonstrating the character trait of "Trustworthiness." Each six weeks one student from each WISD campus is chosen as the "star student." Minutes— March 10, 2009 Wylie City Council Page 1 • Introduction of"Mayor for the Day"Robert Brown. Mayor Hogue announced that he was reading a Proclamation designating March 10, 2009 as -- Robert Brown, "Mayor for the Day." He reported that "Mayor" Robert Brown, is a straight A, fourth grader at Smith Elementary School. The school recently held a dinner and auction to raise money for playground equipment. One of the auction items was "Mayor for the Day." Robert and his family came in with the winning bid, which allowed Robert to become the "Mayor." The school raised over $7,000 dollars which will be matched by the school district for new playground equipment. On March 10, 2009 "Mayor" Brown was sworn into office by Mayor Eric Hogue in front of his fourth grade class mates. Mayor Hogue explained that earlier that afternoon Robert took a tour of Fire Station 3 and the Police Department. Robert had dinner with the city council and is assisting Mayor Hogue in leading the City Council meeting tonight. 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 the Wylie City 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. Consider, and act upon, approval of the Minutes from the February 24, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval and final acceptance of the Douglas Drive Drainage Improvements and authorize final payment to Tri-Con Services, Inc. in the amount of $4,578.00, and accept the project as complete. (C. Holsted, City Engineer) Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the Consent Agenda for March 10, 2009 as presented. A vote was taken and the motion passed 7- 0. REGULAR AGENDA Public Hearings 1. Conduct the second Public Hearing 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) Minutes—March 10, 2009 Wylie City Council Page 2 Staff Comments Planning Director 011ie addressed Council stating that this annexation is at the request of the property 'N°"' 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. Ms. 011ie reported that the final action for this ordinance will be considered on March 31, 2009 at a Special Called Meeting of the Wylie City Council. Public Hearing Mayor Hogue opened the second of two public hearings on this annexation at 7:15 p.m. asking anyone present wishing to speak on this item to come forward and limit their comments to three minutes. No one was present to address Council on this item. Mayor Hogue closed the public hearing at 7:15 p.m. No action was required on this item. Final consideration of the Ordinance annexing the property south of Martin Drive and east of South Ballard Avenue will be held at a Special Called City Council Meeting on March 31, 2009. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2009-08 adopting the Standards of Care for Youth Programs. (R. Diaz, Assist. Superintendent, Parks and Recreation) Staff Comments Parks and Recreation Assistant Superintendent Robert Diaz addressed Council stating that since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and adopted as an ordinance in order to comply with the Texas Human Resources Code, Section 42.041 (b)(14). He reported that all standards and policies within the proposed ordinance were in line with all legislation passed, to date. Public Hearing Mayor Hogue opened the public hearings regarding Ordinance No. 2009-08 — Standards of Care for Youth Programs at 7:17 p.m. asking anyone present wishing to speak on this item to come forward and limit their comments to three minutes. No one was present to address Council on this item. Mayor Hogue closed the public hearing at 7:17 p.m. Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to approve Ordinance No. 2009-08 adopting the Standards of Care for Youth Programs. A vote was taken and the motion passed 7-0. Minutes— March 10, 2009 Wylie City Council Page 3 General Business - - 3. Presentation and consider, and act upon, final recommendations from the Public Arts Advisory Board for the commissioning of an artist to create a work of Public Art for City of Wylie Fire Station #3. (C. Ehrlich, Public Arts Advisory Board Liaison) Staff Comments PAAB staff coordinator Ehrlich addressed Council stating that the Public Art for Fire Station #3 is the first public art project the City of Wylie will complete. Fire Station #3 is a CIP Project of which $34,625 has been set aside for Public Art. Art Consultant Sharon Leeber, hired by the Public Arts Advisory Board (PAAB) to assist in the selection process, was part of the"limited competition" call for artists that went out in November of 2008. The budget for this call was set at$25,000 to reserve funding for consulting, future maintenance and a contingency for unforeseen costs. The Public Arts Advisory Board solicited stakeholder participation through e-mails and from interested citizens to nominate the Fire Station #3 art selection panel (ASP). Panel members serving on this selection panel are: Raymond Cooper, long time citizen of Wylie; Randy Corbin, Fire Chief; Nicole House, Wylie Elite Studio for Kids; Patsy Robertson, Public Art Advisory Board representative; and Mackllyn Stripling Henderson, Wylie High School Arts Director. Architect Doug Edney, representing Wiginton Hooker Jeffry was an ex-officio member of this panel. Ehrlich explained that tonight the Wylie City Council will approve the final artist(s) to collaborate with the Wylie Fire Department to create a maquette/design drawing that will be completed and presented to the ASP and PAAB and finally approved by the City Council along with a contract to commission the art. The timeline for the presentation of the final maquette/design drawing will be within 6-8 weeks and final fabrication and installation should be completed this year in honor of the 100th Anniversary of the Wylie volunteer/Fire Department. Art Consultant/Artist Comments Art Consultant Sharon Leeber addressed Council stating that the limited call for artists was sent in early November, with call reminders in December 08 and January 09. She presented the call document and stated that it included the following areas: Cost to be included in the$25,000 budget for a work of art Artist Fee/Design Fee Artist Supervision of Site Prep Materials Insurance on self and piece during construction and installation Construction Installation Admin Expenses Mileage/Transportation Photography and Documentation Ms. Leeber reported that the Artist Selection Panel met on February 18, 2009 and chose Charlotte Lindsey and Larry Enge — Montage 48/61 as the first choice artists and Deborah Ballard as the second choice artist to be recommended to the Public Arts Advisory Board. On February 19, 2009 the PAAB members took action to recommend the same two artists to the Wylie City Council in the same order of preference. Art consultant Leeber presented each of the artists who gave a short presentation on their previous art work and processes along with general ideas of what they envisioned for this project. Minutes— March 10, 2009 Wylie City Council Page 4 Council Discussion Councilman Young asked Montage 48/61 if the mosaic pieces were embedded in the tile or painted on. ~ Charlotte Lindsey representing Montage 48/61 reported that the color was flred into the pieces making it a very permanent color tile. She reported that they only use tiles that are rated for exterior use. Councilman White commented that he really liked the mosaic art and thought the old photos of the volunteer fire department could be used in this process. Councilman Goss stated that he liked the mosaic art but felt the statue would add more for the budget than a wall of color through the mosaics. Councilwoman Spillyards reported that she believed the mosaic would be proposed as columns (2 or 3) within the art space not a wall. This would be completed through the collaboration with the fire department. Mayor Pro Tem Byboth stated that he liked the mosaic because he felt the art would show more of the "story." Councilman Young liked the mosaic with the vivid colors. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to choose Montage 48/61, Charlotte Lindsey and Larry Enge as the artists to create a design of public art work for City of Wylie Fire Station #3. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman Porter and Councilman White voting for and Councilman Goss voting against. 4. Consider, and act upon, implementation of a replacement/installation Sidewalk Program through the Neighborhood A.C.T.I.O.N. Plan utilizing funds from the 1999 Sidewalk Bond. (R. Ollie, Planning Director) Staff Comments Planning Director Ollie addressed Council stating that with the adoption and implementation of the City of Wylie's Accountable Communities through Involvement of Neighborhoods (ACTION) program, staff recommends that the replacement and/or installation of city sidewalks target those neighborhoods that are part of this A.C.T.I.O.N. Plan. Staff held its first neighborhood meeting with the residents of the Bostic Addition, located along Third Street, Fourth Street, and Hilltop Lane bounded on the north by Butler Street and on the south by Park Street. Those residents/owners in attendance identified poor sidewalk conditions as a major concern for this area. Staff is requesting that this neighborhood be the first to participate in the Neighborhood A.C.T.I.O.N. Plan Sidewalk Program. Ms. Ollie explained that for sidewalks to be considered for this program, they shall be located in the right- of-way and parallel to the street and must adhere to criteria set forth in the proposed Procedure for Sidewalk Installation/Repair. Commercial sites are not eligible for participation. Any home that is eligible and selected to participate in the program will incur no cost to the home owner. The source of funding will be the 1999 bond funds approved for sidewalk repairs and installation. There is approximately $379,235 from the 1999 Bond. She explained that staff proposes that the City fund 100% of the improvements and forego requesting homeowner participation; the City of Wylie will provide a contractor to pertorm the necessary work. Planning Director Ollie reported that a material called RubberWay Flexible Sidewalks will be used in areas where tree roots have impeded the sidewalk but the tree is healthy and viable to the aesthetics of the streetscape. Rubberway is a flexible sidewalk material that is an environmentally friendly solution to cracked sidewalks. This material can be used in areas with large trees and will illuminate the need for tree removal. Ms. Ollie explained that in order for homeowners to have their properties considered as recipients for the program, each property owner must complete the following forms: Property Owner Application and a Right of Entry and Hold Harmless Agreement. Ms. Ollie explained that in the proposed process the homeowners would have to complete these forms prior to acceptance into this program. Minutes - March 10, 2009 Wylie City Council Page 5 Planning Director Ollie reported that Arborilogical Services conducted a survey of the Bostic Addition in an effort to determine which trees can or cannot be saved. Based on this survey 16 of the 38 trees located in the public right-of-way are recommended for removal. The following outlines the improvements proposed: • 3,520 square feet of existing sidewalks to be removed in right-of-way (ROW). • 7,840 square feet of sidewalks to be installed (new and replacement) in ROW. • 11 handicap ramps to be installed. • 1,500 square feet of Rubberway sidewalk product. She reported that the estimated cost for improvements including a 10% contingency is $113,000 Council Action A motion was made by Councilman White, seconded by Mayor Pro Tem Byboth to approve the implementation of a replacement/installation Sidewalk Program through the Neighborhood A.C.T.I.O.N Plan utilizing funds from the 1999 Sidewalk bond. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, approval of an Alternative Parking Agreement for 711 Business Way, Block 1, Lot lOR of the 544 Industrial Park Addition. (R. Ollie, Planning Director) Staff Comments Planning Director Ollie addressed Council stating that the applicant is requesting approval for special parking alternatives whereby the balance of 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's review and approval for Shared Parking Alternatives. Lot 10R is a 15,000 square foot manufacturing facility with ~ 82 parking spaces. In accordance with the current Zoning Ordinance this use requires 30 parking spaces. The attached parking agreement would allow Lot 5R, Majestic Ballroom, to share parking spaces with Lot 10R, Multi-Machine Company, Inc. The applicant has stated that the shared parking would afford them the required spaces needed to be in compliance with the ordinance as well as allow additional parking in the future if needed. Ms. Ollie reported that the agreement must be executed and filed with the county prior to a certificate of occupancy being issued. She explained that this agreement is tied to the tenants, not the land, therefore, if either tenant moves from these locations, the agreement would become void. Council Discussion Councilman Young stated that he was not in favor of approving these alternative parking agreements. He explained that this was the second in a very short time and there would be more. "Even though this is one parking space short, I believe we should disapprove." Mayor Pro Tem Byboth stated that although he could see this issue with the parking agreements, speaking as a business man, in this economy, he believed the city needed to bend and accommodate businesses where they could, to keep tax dollars for the city generating. Councilman Goss concurred stating that it was only one parking spot and the chance of many cars parked in the location at any one time was unlikely. Council Action A motion was made by Councilman Goss, seconded by Councilman Young to approve an Alternative Parking Agreement for 711 Business Way, Block 1 Lot 10R of the 544 Industrial Park Addition. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, approval and final acceptance of the Ballard Avenue Paving Project and authorize final payment to Tri-Con Services, Inc., in the amount of $262,933.57, and accept the project as complete. (C. Holsted, Ciry Engineer) Minutes - March 10, 2009 Wylie City Council Page 6 Staff Comments City Engineer Hoisted addressed Council stating that on October 9, 2007, a construction contract was awarded to Tri-Con Services, Inc. in the amount of$3,713,509.45 for paving and drainage improvements to Ballard Avenue from Stone Road to Alanis Drive. The project included reconstruction to a 4-lane concrete pavement section with related storm sewer improvements. The project also included the installation of an emergency traffic signal at Fire Station No. 1 and a 16-inch water line to serve the future 1.5 million gallon elevated storage tank located at Fire Station No. 1. Mr. Hoisted reported that all punch list items have been addressed by the contractor. The final contract amount after field changes and quantity adjustments is $3,600,639.52 which is a reduction of$112,869.93. He explained that the project was funded through the 1999 City of Wylie Bond Program ($2,600,000), the 1999 County Roadway Bond Program ($1,370,647), and water impact fees($193,200). City Engineer Hoisted reported that one change order in the amount of $498,625.46 was approved on September 9, 2008 for the construction of the temporary detour on FM 1378 around the new City buildings. Approximately 2,750 square yards of permanent paving was installed with the detour project increasing the amount to $529,554.89. Councilman Goss asked about a lot south of Alanis on the east side that was previously grass but after the construction is now dirt. He asked if there were plans to reseed this field. Mr. Hoisted replied that this lot should have been reseeded and would make a note to reseed the lot. Mayor Pro Tem Byboth asked that the transition post construction be smooth. Mr. Hoisted replied that he would insure it was. He reported that the city had a two year warranty on the work completed and felt there would be some alterations made during that time period. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve the final acceptance of the Ballard Avenue Paving Project and authorize final payment to Tri-Con Services, Inc. in the amount of $262,933.57 and accept the project as complete. A vote was `* taken and the motion passed 7-0. 7. Consider, and act upon, Resolution No. 2009-09(R) requesting the State of Texas Department of Transportation rename the remaining portion of FM3412 to FM2514. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the Texas Transportation Commission approved a minute order on November 20, 2008 releasing ownership and control of FM 3412 (Brown Street) from FM 1378 to Ballard Avenue. Ballard Avenue from Brown Street to SH 78 is still currently designated as FM 3412. He explained that TxDOT has requested that this portion of roadway be re-designated as FM 2514. The planning department has confirmed that the businesses along this portion of roadway use Ballard Avenue as their address. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve Resolution No. 2009-09(R) requesting the State of Texas Department of Transportation rename the remaining portion of FM3412 to FM2514. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, Ordinance No. 2009-09 establishing speed zones for Brown Street (FM 3412) from FM1378 to Ballard Avenue. (C. Hoisted, City Engineer) Minutes— March 10, 2009 Wylie City Council Page 7 Staff Comments City Engineer Hoisted addressed Council stating that the Texas Department of Transportation (TxDOT) released ownership and control of FM 1378 to the City of Wylie on November 20, 2008. In February, 2009, Lee Engineering completed a speed zone study along Brown Street. Brown Street is currently a two-lane undivided roadway with no shoulders and is posted at 55 miles per hour at the west end near FM 1378. The spot speed data collected indicates that the 85th percentile speed is between 49 and 52 miles per hour and based on the data it is recommended that the posted speed limit along Brown Street be lowered to no greater than 50 miles per hour. The 85th percentile is the speed that separates the bottom 85% of vehicle speeds from the top 15%. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve Ordinance No. 2009-09 establishing speed zones for Brown Street (FM 3412) from FM 1378 to Ballard Avenue. A vote was taken and the motion passed 7-0. 9. Consider, and act upon, authorizing the City Manager to execute an agreement with U.S. ROW for right-of-way acquisition services for the Brown Street East paving project. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the 2005 City of Wylie Bond Program included $6,300,000 for the design and construction of approximately 11,100 linear feet of 4-lane concrete pavement section with sidewalks on Brown Street from SH 78 to Stone Road. The first bond issue included $900,000 for engineering and right of way acquisition for this project. The roadway alignment has been established and the right of way documents have been prepared by the engineer. Thirty seven parcels were identified for acquisition and thirty one parcels will be acquired for the project. Council Action A motion was made by Councilman White, seconded by Councilman Young to authorize the City Manager to execute an agreement with U.S. ROW for right-of-way acquisition services for the Brown Street East paving project. A vote was taken and the motion passed 7-0. 10. Consider, and act upon, approval of a Consultant Services Agreement with Binkley & Barfield, Inc., in an amount not to exceed $1,002,300, for the design of the expansion of McMillen Road from McCreary Road to FM 1378. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the 2007 Collin County Roadway Bond Program included $4,149,375.00 for the design and construction of approximately 8,200 linear feet of 4-lane concrete pavement section with sidewalks on McMillen Road from McCreary Road to FM 1378. In October 2008, an Interlocal Agreement was executed between Collin County and the City of Wylie to release $500,000 to begin engineering services for the roadway. Another Interlocal Agreement will be presented next fiscal year for the release of the remaining engineering funds from Collin County. The Minutes—March 10, 2009 Wylie City Council Page 8 projected construction cost of the project is $9.9 million. The City of Wylie does not currently have matching funds for the project. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Goss to approve a Consultant Services Agreement with Binkley & Barfield, Inc. in an amount not to exceed $1,002,300, for the design of the expansion of McMillen Road from McCreary Road to FM 1378. A vote was taken and the motion passed 7-0. 11. Consider, and act upon, approval of a Professional Engineering Services Agreement with RLK Engineering, in an amount not to exceed $365,600, for the design of the expansion of Ballard Avenue from Alanis Drive to the Collin County line. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the 2007 Collin County Roadway Bond Program included $5,400,000 for the design and construction of approximately 5,800 linear feet of 4-lane concrete pavement section with sidewalks on Ballard Avenue from Alanis Drive to the county line. In October 2008, an Inter-local Agreement was executed between Collin County and the City of Wylie to release $540,000 to begin engineering services for the roadway. The projected construction cost of the project is $4.1 million. The project is 100% funded by Collin County and will be managed by the City of Wylie as outlined in the inter-local agreement. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to approve a 00.014 Professional Engineering Services Agreement with RLK Engineering, in an amount not to exceed $365,600 for the design of the expansion of Ballard Avenue from Alanis Drive to the Collin County line. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No's. 2009-08 and 2009-09 into the official record. Mayor Hogue convened into Work Session at 8:40 p.m. WORK SESSION • Presentation, discussion and input of the Final Concept Plan of the Founder's Park Improvement Project. (Half Associates, Inc./M. Sferra, Public Services Director) Representatives from Half Associates, Inc. addressed Council stating that the City contracted with the firm to provide a Concept Plan for the Founder's Park Improvement Project. They reported that to assure the public and Wylie City Council had ample opportunity to contribute input to the design process, the Scope of Services included two stakeholder meetings, two public input work sessions with the Wylie Parks Board, and one Council Work Session and meeting. Numerous other meetings have been held with the Wylie Park Board and City staff Minutes— March 10, 2009 Wylie City Council Page 9 over the past two years as all parties explored multiple design options and sought ways to best implement the additional $400,000 in funding for the project received from Collin County in the form of a grant. Half Associates went over the design at the 95% completion and asked for direction from Council regarding several options for alternative bids utilizing the additional grant funding from the County. These included: Alternate 1 —Sod Baseball Fields Alternate 2 —Sod north Soccer fields only Alternate 3— Playground Pavilion upgrade (with different styles of design) Alternate 4—Shade Structures for Ball Fields Alternate 5 — 10' Outer Trail Expansion Alternate 6—8' Center Trail Expansion The Council favored option 2 for the South Plaza which has ADA ramps on the north and south approaches rather than steps. For expenditures related to the grant funds received from Collin County, the Council favored expanding the center trail on the west side of the park from eight to ten feet in width, including additional masonry features at the playground pavilion (seating areas and column treatments), sodding the new baseball fields and north soccer fields to allow them to be playable sooner than hydro mulching would allow, installing shade structures for the ball field bleachers, and extending the ten-foot outer trail on the west side of the park to meander south of the existing tree line. Staff was also given direction to include a sand volleyball court and a basketball court as additional alternatives on the bid documents. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 9:25 p.m. ADJOURN With no further business before the Wylie City Council, a motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to adjourn the meeting at 9:25 p.m. Consensus of City Council was to adjourn. rr ATTEST: -J_: • i 11:• •4.601. Carole Ehrlich, ty ecretary .~� l:. Minutes— :" +%'�. 9 Wylie City Council Page 10