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06-09-2009 (City Council) Minutes Wylie City Council CITY OF WYLIE 1 Minutes Wylie City Council Tuesday, June 9, 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 7:04 p.m. with the following City Council members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter and Councilman Bennie Jones. Councilman Rick White was absent. Staff present were: Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Public Services Director, Mike Sferra; Police Chief, John Duscio; Finance Director, Linda Vaughan; Planning Director, Renae' 011ie; Library Director, Rachel Orozco; Construction Manager, Shane Colley; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Public Information Officer, Craig Kelly gave the invocation and Girl Scout Daisy Troop 3402 and Girl Scout Troop 1506 led the Pledge of Allegiance. Those present were: Girl Scout Leaders Melissa McCasland and Marie Holifield with troop members: Shelby McCasland, Annalise Holifield, Aurelia Holifield, Jordan Strickland, Sydney Head, Chahendra Dues, Bryanna Lopez, and Gabby Flores. Daisy Troop Leader, Jennifer Jennings with troop members Grace Marcantel, Kayla Gaienne, Shelby Jennings, Alexa Helm, Mia DeRose, and Jasmin White. PRESENTATION • Presentation Proclamation "234th Birthday" of the United States Army. Mayor Hogue read a proclamation proclaiming June 14, 2009 as the 234th Birthday of the United Ambita States Army. Minutes June 9, 2009 Wylie City Council Page 1 • Presentation to 6th Six Weeks Star Students — Character Trait of "Citizenship". Mayor/Council Mayor Hogue and Mayor ProTem Byboth presented medallions to students demonstrating the character trait of "Citizenship." Each six weeks one student from each WISD campus is chosen as the "star student." 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. D. C. Phillips, residing at 84 Oil Court, Wylie Texas, addressed Council with concerns regarding better enforcement of aggressive dogs. Mayor Hogue asked staff to look into the issue and contact Mr. Phillips. 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 May 26, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2009-17, amending the zoning from - Agricultural (AG-30) District to Single-Family (SF-10/24) District for a 7 acre tract of land generally located south of Martin Drive, east of South Ballard Ave and west of Southbrook Subdivision Phase II. ZC 2009-02 (R. 011ie, Planning Director) C. Consider, and act upon, Resolution No. 2009-17(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of the Community Park Rehabilitation Project. (M. Sferra, Public Services Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2009. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Porter, seconded by Mayor ProTem Byboth to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman White absent. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider and act upon, amending the zoning from Light Industrial (LI) to Corridor Commercial (CC) District for two tracts of land Minutes June 9, 2009 Wylie City Council Page 2 generally located north and south of Alanis, approximately 475 feet west of Century Way. ZC 2009-03 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant is requesting to rezone the property to Corridor Commercial. The applicant has indicated that the land will be developed with a retail use; specifically General Merchandise or Food Store greater than 5,000 s.f.. This use is not allowed in LI but is allowed in CC. The City land use map calls for medium density residential on the south tract and Light Industrial on the north tract. However, this tract of land, if rezoned CC would create a contiguous commercial corridor with the CC zoning district on SH78 as the north tract of land is adjacent to that district. Public Hearing Mayor Hogue opened the public hearing on Zoning Case 2009-03 at 7:29 p.m. asking anyone present wishing to address Council to come forward and hold their comments to three minutes. No one was present wishing to address council during this public hearing. Mayor Hogue closed the public hearing on Zoning Case 2009-03 at 7:30 p.m. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Jones to approve amending the zoning from Light Industrial (LI) to Corridor Commercial (CC) District for two tracts of land generally located north and south of Alanis, approximately 475 feet west of Century Way ZC 2009-03. A vote was taken and the motion passed 6-0 with Councilman White absent. General Business 2. Consider, and act upon, Resolution No. 2009-18(R) approving a Naming and Recognition Policy for the Rita and Truett Smith Public Library. (R. Orozco, Library Director) Staff Comments Library Director Orozco addressed Council stating that the Friends of the Rita and Truett Smith Public Library are a non-profit 501C (3) organization who advocate and raise funds for the Smith Public Library. As part of the new library project, the Friends are raising funds to supplement the new building. She reported that the Naming and Recognition Policy has been reviewed by the City Attorney. It has also been reviewed and approved by the Library Board and the Friends of the Library Board. She noted that this policy will serve as a guideline when accepting monetary donations. Ms. Orozco introduced members of the Friends of the Library and the Library Board that were present. Council Action A motion was made by Mayor ProTem Byboth, seconded by Councilman Goss to approve Resolution No. 2009-18(R) approving a Naming and Recognition Policy for the Rita and Truett Smith Public Library. A vote was taken and the motion passed 6-0 with Councilman White absent. Minutes June 9, 2009 Wylie City Council Page 3 3. Consider, and act upon, Resolution No. 2009-19(R) authorizing the City Manager to execute the acceptance of the donation of art "Teatro XIX" by Herk von Tongeren and authorizing a stipend to Art Consultant Sharon Leeber. (C. Ehrlich, Staff Liaison, Public Arts Advisory Board) Staff Comments Public Arts Advisory Board Liaison Ehrlich addressed Council stating that art consultant Sharon Leeber has notified the City that arrangements for the donation of the Herk von Tongeren sculpture have been completed. She explained that pursuant to Ordinance No. 2005-57, approval of all donations with a value that exceeds $5,000 must be approved by the Wylie City Council. This art piece has been valued at more than $300,000. Ehrlich reported that acceptance of this art would require the City to pay a small stipend to the art consultant of$4,000. In addition there will be some costs for transportation, storage of the piece until the Municipal Civic Center is completed, and base construction once the piece is installed on site. She reported that the CIP art funding for the Municipal Civic Center will cover these future costs. She noted that the Public Arts Advisory Board is recommending approval of Resolution No. 2009-19(R) accepting the Herk von Tongeren sculpture and the costs to obtain the art piece. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Jones to approve Resolution No. 2009-19(R) authorizing the City Manager to execute the acceptance of the donation of art "Teatro XIX" by Herk von Tongeren and authorizing a stipend to Art Consultant Sharon Leeber. A vote was taken and the motion passed 6-0 with Councilman White absent. 4. Consider, and act upon, Ordinance No. 2009-18 amending Ordinance No. 2008-41 (2008-2009 Budget) for proposed mid-year amendments for fiscal year 2008-2009. (L. Vaughan, Finance Director) Staff Comments Finance Director Vaughan addressed Council stating that the mid-year budget amendments are generally intended to cover unanticipated and/or unavoidable revenue and expenditure adjustments to the adopted budget. The detail is attached to Ordinance No. 2009-18 for the requested items which are located within the General Fund. She explained that the requests are further defined as neutral (matching revenues to expenditures), revenue increases, or expenditure increases. The Fire Department is requesting three full time fire fighters in lieu of utilizing volunteer fire fighters. She explained that the fund to pay part time fire fighters would be used to offset the three full time personnel. Other General Fund amendments are offset by grants. She noted that there were a couple of amendments to other funds which include the Public Arts Fund, Thoroughfare Impact Fee Fund (shared expenditure with WEDC) and the Fleet Fund to cover damaged vehicles. Council Discussion Mayor Hogue asked Assistant Fire Chief Flores to come forward. He asked Assistant Chief Flores how many part time firefighters worked during normal shifts. Assistant Chief Flores replied that six part timers are currently working shifts and will be replaced with 3 full time firefighters. He reported that this will not affect shifts. He noted that beyond the financial benefits of moving to three full firefighters, there will be other benefits. The full time firefighters will be fully trained and dependable. Part time personnel ;,.11.164 sometimes work for other departments and can not always work the shifts needed. Minutes June 9, 2009 Wylie City Council Page 4 Council Action A motion was made by Councilman Porter, seconded by Mayor ProTem Byboth to approve Ordinance No. 2009-18 amending Ordinance No. 2008-41 (2008-2009 Budget) for proposed mid-year amendments for fiscal year 2008-2009. A vote was taken and the motion passed 6-0 with Councilman White absent. 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 2009-17 and 2009-18 into the official record. ADJOURNMENT With no other business before the Wylie City Council, Mayor Hogue adjourned the meeting at 7:48 p.m. Consensus of the Wylie City Council was to adjourn. y,,,,,....e Eric Hogue, Mayor MOO ATTEST: 40 OF C,%vre-(1 y„l,.A c — IFf, dc :: ' =i-- IJ1,�� � ��-r t Carole Ehrlich, i cretary ►- -7 ' r` 1. Minutes June 9, 2009 Wylie City Council Page 5