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05-12-2009 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, May 12, 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 7:05 p.m. with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman 4,901010 David Goss, Councilman Rick White, Councilman Carter Porter and Councilman Merrill Young. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police Chief, John Duscio; Interim Finance Director, Melissa Beard; WEDC Executive Director, Sam Satterwhite; Planning Director, Renae' 011ie; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Goss gave the invocation and Girl Scout Troop 2135 led the Pledge of Allegiance. Those present were: Den Leader, Caroline Fagan; Assist. Den Leader, Veronica Johns and scouts: Jazzlyn Birk-Cockburn, Delaney Johns, Caitlyn Fagan, Sonni Gehring, Heather Howard and Libby McCune. Prior to the Pledge of Allegiance led by Troop 2135, Councilman Young gave an explanation of the pledge and recited it to those present. PRESENTATION • Presentation in Honor of Outgoing Council Member Merrill Young Mayor Hogue and the Wylie City Council presented outgoing Wylie City Council Member Merrill Young with the United States Flag. The flag was flown over the Texas Capitol in honor of Mr. Young and the years he served as council member for the City of Wylie. Councilman Young's Minutes— May 12, 2009 Wylie City Council Page 1 members also discussed the best way to display the art both from a vehicular view and pedestrian view. Ehrlich reported that the artists were asked to create a wall to see if a wall placed in the center of the art space would best enhance the art. The artists were given direction to design the wall to be 4 feet in height and 14 feet in length with 28" footer underneath and above the art planter, to give additional height for viewing. She reported that to achieve this design, the base construction would be an additional $2,900; noting that funding was set aside in the Fire Station #3 construction costs to complete the art space (planter) and will cover this additional cost. All other funding for this project will be derived from the Public Art fund, with a percentage of funding left in this account for future maintenance of the art. Ehrlich reported that Larry Enge and Charlotte Lindsey were here to present the final design for Fire Station #3. The final design has been reviewed and recommended by staff, the Public Arts Advisory Board and the Fire Station Art Selection Committee. She reported that Fire Chief Corbin and Art Consultant Sharon Leeber were also present to answer questions. Artists Presentation Charlotte Lindsey and Larry Enge gave a short presentation showing the photos that were selected during collaboration for the design of the mosaics. Ms. Lindsey reported that the photos would be taken through a lengthy process to transform them into photos that would translate to the mosaics. She showed examples of other art projects and the original photos compared to the transitioned photos that were actually used to create the mosaic. Larry Enge presented a completed mosaic that had been taken from photo to the finished mosaic. The artists thanked the Wylie City Council for the opportunity to collaborate with the Fire Department 0. .,. and learn the amazing history of the Wylie Volunteer/Fire Department, including the many strides the department had made over the past century. REGULAR AGENDA General Business 1. Consider, and act upon, final approval of the art design and authorize the City Manager to execute a contract between Montage 48/61 and the City of Wylie, in the amount of $30,400, to commission the art piece for the Fire Station #3 Public Art Project. (C. Ehrlich, Staff Liaison) Executive Summary PAAB Liaison Ehrlich reported that the artists have presented the final design for the Public Art Project for Fire Station #3. The final design and contract to commission the art were attached to the agenda item, with the total funding, including base construction costs for consideration. The City Attorney has reviewed and approved the contract as to form. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the final art design and authorize the City Manager to execute a contract between Montage 48/61 and the City of Wylie, in the amount of $30,400 to commission the art piece for the Fire Station #3 Public Art Project. A vote was taken and the motion passed 7-0. Minutes—May 12, 2009 Wylie City Council Page 3 2. Consider, and act upon, Ordinance No. 2009-15 amending Chapter 74 (Offenses and Miscellaneous Provisions), Article 1 (General), Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities, and Vehicles) of Wylie's Code of Ordinances; prohibiting smoking in City Parks; amending enforcement procedures; and making other non-substantive changes; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date and publication of the caption hereof. (R. Diaz, Assistant Superintendent, Parks and Recreation) Staff Comments Parks and Recreation Assistant Superintendent Robert Diaz addressed Council explaining that the Parks and Recreation Board have been discussing a possible non-smoking ordinance in park areas since the fall of 2008. Staff brought this issue to the attention of the Board due to receiving complaints from spectators viewing various sporting events at Founders and Community Parks and other spectators smoking in close proximity. The Board directed staff to find out what other cities in the Metroplex were doing regarding non-smoking ordinances in park/spectator areas and to bring forth some examples of non-smoking ordinances. The Board also directed staff to gather input from the local sports organizations seeking input on a proposed non-smoking ordinance. Mr. Diaz explained that the majority of the sports league officials agreed that an ordinance that moved smoking to non-spectator areas was needed. Some of the leagues currently address where smoking can be done in their own policies but they are difficult to enforce since they are not law. The Board discussed various options and drafts of a proposed non-smoking ordinance from the fall of 2008 to the spring of 2009. They focused on not eliminating smoking in parks, just keeping it in areas that would not affect surrounding spectators. The Board felt that parking lots were the best place for allowing smoking and directed staff to draft an ordinance that reflects that philosophy. Mr. Diaz reported that the Parks Board had reviewed the proposed ordinance and is recommending it for council approval. He reported that the City Attorney's office had also reviewed the ordinance as to form. Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to approve Ordinance No. 2009-15 amending Chapter 74, Article 1, Section 74-2 of Wylie's Code of Ordinances; prohibiting smoking in City Parks; amending enforcement procedures; and making other non-substantive changes; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date and publication of the caption hereof. A vote was taken and the motion passed 7-0. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2009-15 into the official record. WORK SESSION • Public Arts Advisory Board presentation of the proposed "Wylie Arts Festival" for direction from council. Public Arts Advisory Board liaison Ehrlich addressed Council stating that the Public Art Advisory Board has been discussing ways in which they could promote the arts in Wylie. Some of the Minutes— May 12, 2009 Wylie City Council Page 4 items discussed included art events that would draw residents and non residents to Wylie and at the same time draw awareness to the ARTS. 991.11.. Ms. Ehrlich reported that the event would include the following elements: Fine Art and Homemade Craft vendors, festive food vendors, all day entertainment by local school choirs, performing arts and other organizations such as dance studios. The event would also include festive food demonstrations. The event would culminate with the annual Wylie Christmas Tree Lighting and the arrival of Santa Claus. She explained that the event would be held the first Saturday of each year which would move the tree lighting up one week and allow the tree to be enjoyed by citizens longer. Board liaison Ehrlich reported that each board member was chairing a committee to insure continuity for the event. The committees consisted of the vendors committee, festive food and demonstrations, entertainment committee, sponsorships, volunteer committee, infrastructure committee and the logo/branding committee. She reported that the logo committee had already completed the naming and logo for the event and presented that to council members. Financials were shown for expenses as well as revenues to include booth rental fees and sponsorships. She reported that in the first year of the event goals may not be completely met but would build as the event became known. Ms. Ehrlich asked for direction from council to allow the Public Arts Advisory Board members to move forward with the planning for the event. Direction from City Council was to move forward with the event. Mayor Hogue reconvened into Regular Session at 7:50 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue convened into Executive Session at 8:00 p.m. reading the exception below into the official record. No executive session was required for City of Wylie, Texas vs. Alpay Living Trust of October 18, 1996. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 Deliberation Regarding Real Property; Closed Meeting Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters concerning real property. • Purchase of Easement for Twin Lakes Sewer Project • Contract Agreement with Direct Development §§ 551.071 Consultation with Attorney; Closed Meeting Pursuant to Section 551.071, Texas Government Code, and Consultation with attorney for the city regarding litigation: Minutes—May 12, 2009 Wylie City Council Page 5 • Cause No. 002-3096-2008; City of Wylie, Texas vs. Alpay Living Trust of October 18, 1996 Mayor Hogue reconvened into Regular Session at 8:43 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. 3. Consider, and act upon, approval of an Agreed Final Judgment and Compromise Settlement Agreement and Mutual Release of Claims by and between the City of Wylie and Alpay Living Trust of October 18, 1996 and adoption of a Resolution authorizing the City Manager to execute the Agreed Final Judgment and Compromise Settlement Agreement and Mutual Release of Claims. (M. Manson, City Manager) Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve an Agreed Final Judgment and Compromise Settlement Agreement and Mutual Release of Claims, by and between the City of Wylie and Alpay Living Trust of October 18, 1996 and adoption of a Resolution authorizing the City Manager to execute the Agreed Final Judgment and Compromise Settlement Agreement and Mutual Release of Claims, subject to determining the final terms of the document, not to exceed $300,000. A vote was taken and the motion passed 7-0. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Councilman Young to adjourn the meeting at 8:45 p.m. Consensus of City Council was to adjourn. Eric Hogue, Mayo ATTEST: oci OF Wt Ca ole Ehrlich, ity Secretary 411"11 -igVisol;•• -91ft OP Minutes—May 12, 2009 Wylie City Council Page 6