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12-08-2009 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, December 8, 2009 — 6:00 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 6:05 p.m. with the following Wylie City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, Councilman Carter Porter and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Attorney, Courtney Kuykendall; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Police Chief, John Duscio; Finance Director, Linda Vaughan; Public Services Director, Mike Sferra; Building Official, Mike McAnnally; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Corbin gave the invocation and Cub Scout Troop 1049, Den-7,1ed the Pledge of Allegiance. Cub Scouts present included: Michael Still, Brandon Carroll, Christopher Eustice, Patrick Justiniano, Wylie Dunham, Jorge DeLeon, Andrew Booth, Andrew Cheney, Caleb Beem, and Anthony Comparetto. Troop leaders present were: Christine Eustice and Kristal Tucker. PRESENTATION • Presentation to 2nd Six Weeks Star Students — Character Trait of"Respect." (E. Hogue, Mayor/Council) Mayor Hogue and Mayor Pro Tem Byboth presented medallions to students demonstrating the character trait of"Respect." Each six weeks one student from each WISD campus is chosen as the "star student." Mayor Hogue convened into Executive Session at 6:15 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Minutes December 8, 2009 Wylie City Council Page 1 EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 Consultation with City Attorney: • Legal issues related to Joint Radio Communications System RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Regular Session at 6:32 p.m. Mayor Hogue recessed into Work Session at 6:33 p.m. WORKSESSION • Presentation by Collin County Commissioner Jerry Hoagland regarding Intermodal Transportation System (Collin County Commissioner, Jerry Hoagland) Jerry Hoagland, Collin County Commissioner, and George Elking, member of the Collin County Planning Board, gave a short presentation regarding the possibility of an Intermodal facility in north Collin County similar to Alliance Airport, with various means of transportation coming in and out of the facility. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 7:01 pm. 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. Laura Gates, residing at 1208 Anchor Ct., Wylie, Texas, addressed council regarding fence issues. Mayor Hogue directed Assistant City Manager Butters to contact Ms. Gates to discuss the issue. 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 of the November 10, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-34(R) authorizing the Mayor to execute an addendum to the Interlocal Agreement between the City of Wylie and Collin County, TX for the purpose of setting forth the parameters under which the County will provide Geographical Information System (GIS) to the City for a period Minutes December 8, 2009 Wylie City Council Page 2 of October 2009 through September 2010. (R. Corbin, Fire Chie/Noe Flores, Asst. Fire Chief) C. Consider, and act upon, Resolution No. 2009-35(R) authorizing the City Manager to enter into an Interlocal Agreement with Collin County for the Collin County Project Funding Assistance Program for Community Park. (M. Sferra, Public Services Director) D. Consider, and act upon, Ordinance No. 2009-36 amending Ordinance No. 2009-26 (2009-2010 Budget) and approving an appropriation of funds in the amount of $267,500 for the Park Acquisition and Improvement Fund for the Collin County Project Funding Assistance Program for Community Park; adding $267,500 to the County Park Grants Fund revenues to reflect reimbursements made by Collin County; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Sferra, Public Services Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the City of Wylie as of October 31, 2009 (L. Vaughan, Finance Director) F. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2009. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2009-36(R) authorizing the City Manager to execute an interlocal cooperation agreement by and between the City of Plano, Texas,the City of Allen, Texas, the City of Wylie, Texas, and the City of Murphy, Texas for a Joint Radio Communications System. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed council stating that staff has reviewed and recommends an Interlocal Cooperation Agreement with the cities of Allen, Plano, and Murphy for a joint radio communications system. This Agreement will provide the governance structure for the Public Safety radio system for Wylie, utilizing space on the Plano-Allen-Murphy-Wylie(PAWM) Radio System. The agreement addresses the City of Wylie and the City of Murphy obligations in the jointly owned radio system. The cities of Wylie and Murphy will be exempt from user fees associated with leased airtime on the new radio system. They will jointly fund a radio technician as indicated in the agreement. The cities of Allen and Plano reserve the right to seek additional airtime lease subscribers from other municipal and private agencies within the corporate limits of Wylie and Murphy. The revenue from any such additional subscribers will be held by the cities of Plano and Allen and used to support the jointly owned radio system infrastructure. Minutes December 8, 2009 Wylie City Council Page 3 Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve Resolution No. 2009-36(R) authorizing the City Manager to execute an interlocal cooperation agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas, and the City of Murphy, Texas for a Joint Radio Communications System. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Resolution No. 2009-37(R) authorizing the City Manager to execute an agreement by and between the City of Plano, Texas, City of Allen, Texas, the City of Wylie, Texas, and the City of Murphy, Texas, and Alcatel-Lucent USA Inc. for the purchase of products and services related to a microwave radio system for the Joint Radio Communications System. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed council stating that this multi-city system, referred to as the PAWM System, will be linked together by microwave signaling so that the multiple sites work together. The data for voice communications and the data sharing necessary will be done over this proposed microwave radio system, and is an integral part of the system's functionality. Chief Corbin noted that the first three items presented tonight, were researched by a consulting firm to insure that this is the best radio system for the City of Wylie. The City Attorney's Office has also been in consultation regarding the items, approving the new emergency management joint radio communications system. Council Action &N"" A motion was made by Councilman White, seconded by Councilman Goss to approve Resolution No. 2009-37(R) authorizing the City Manager to execute an agreement by and between the City of Plano, Texas, City of Allen, Texas, the City of Wylie, Texas, and the City of Murphy, Texas, and Alcatel-Lucent USA Inc. for the purchase of products and services related to a microwave radio system for the Joint Radio Communications System. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Resolution No. 2009-38(R) authorizing the City Manager to execute an agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas, and the City of Murphy, Texas, and Motorola Inc. to provide, design and implement a P25 Trunked Radio System for the Joint Radio Communications System. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed council stating that this recommendation will purchase the fixed, mobile, and portable hardware and software to implement the PAWM radio system and make it operable in Wylie. This is within the funding allocated for this project, and is a portion of the total project, not including the radio tower, facility changes needed to the current City Hall building, accessory purchases from vendors other than Motorola, and various related items. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve Resolution No. 2009-38(R) authorizing the City Manager to execute an agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas, and the City of Murphy, Texas, and Motorola Inc. to provide, design and implement a P25 Trunked Radio Minutes December 8, 2009 Wylie City Council Page 4 System for the Joint Radio Communications System. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, a request to eliminate the distance requirement between a Beer & Wine Package Sales establishment and a public school. The property being located at 405 South Highway 78 (Shell Gas & Convenience Store). (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the property is located at 405 South Highway 78 and abuts the Hartman Elementary School (a public school). Per the Alcoholic Beverage Code Section 109.33 of Title 4, Subchapter C Local Regulation of Alcoholic Beverages, the governing body of a municipality has the authority to prohibit the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public or private school, or public hospital. In addition, the TABC code allows that same governing body the authority to increase that distance requirement from 300 feet to 1,000 feet of a public school, if the governing body receives a request from the board of trustees of a school district under Section 38.007, Education Code. Ms. 011ie reported that the requestor's attorney was present should there be any questions regarding the variance. Ms. 011ie reported that the applicant was willing to construct a masonry/screening fence between the school playground and the convenience store and would have no outdoor signs advertising beer and wine. She noted staff had received a letter from the Wylie Independent School District superintendent asking that this request be denied. Art Anderson, attorney representing the applicant, addressed council stating that he felt there were several reasons that the applicant should have the variance due to hardship. He reported that the commercial property owned by the applicant was on the commercial thoroughfare and the school door was quite a distance away (650 feet) with the playground being the only section of the school on a zero lot line to the convenience store. He reported that the entrance to the school was on Birmingham and no children would be going by the store on their way to and from school. Mr. Anderson reported that the applicant wished to extend the store and add a drive through restaurant to the convenience store. He reported that in order to accomplish this, the sale of beer and wine was needed to increase the revenue. He noted that he believed the sale of beer and wine would increase the revenue for the store and would increase tax dollars for the city. Mr. Anderson stated that he saw no adverse impact on the school. Council Discussion Mayor Pro Tern Byboth asked if the car wash adjacent to the store was owned by the applicant. Mr. Anderson reported that it was not. Byboth asked if this would be a problem in regard to the proposed continual screening wall. Planning Director 011ie reported that the area in question would have to be open for access and could not be part of the wall enclosure. Mayor Pro Tern Byboth noted that he was always agreeable to a compromise but had strong concerns about the screening wall not keeping children from coming around the screening area and gaining access to the store. Councilman Porter noted that the school had been in that location long before the commercial property was established. Councilman Jones stated that his concerns were for the kids attending school at Hartman Elementary. Council Action A motion was made by Councilman Jones, seconded by Councilman Goss to deny the request (variance) to eliminate the distance requirement between a Beer & Wine Package Sales establishment and a public school. The property being located at 405 South Highway 78 (Shell Gas & Convenience Store). A vote was taken and the motion passed 7-0. AISAKIftlb Public Hearings Minutes December 8, 2009 Wylie City Council Page 5 5. Hold a Public Hearing and consider, and act upon, amending the zoning from AgriculturalI30 to Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major Use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel Road. ZC 2009-07 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject property is located adjacent to the Regency Industrial district east of Hooper Road and approximately 410 feet south of Steel Road and totals 1.71 acres. The property is currently zoned Agricultural/30 and has been used for single-family homesteading and agricultural uses. A natural drainage channel (creek) bisects the middle of the property running in a northwesterly direction. She reported there would be no screening wall but would have some type of masonry fence around the dumpster area. Cheyenne Sohrabi, applicant (builder of the project), addressed council stating that all autos would be inside the building or behind the wall area. The space designated outside (behind the dumpster wall) would hold 4-5 cars but typically all vehicles would be inside the facility. Mayor Pro Tern Byboth asked if the applicant would be agreeable to a solid wall across the front with some type of iron gates. Mr. Sohrabi replied he would be agreeable to "get the job done." Mayor Hogue opened the public hearing on Zoning Case No. 2009-07 at 8:00 p.m. asking anyone present wishing to address council to come forward and limit their comments to three minutes. Public Hearing Evelyn McCyrley, residing at 326 Hooper Road, addressed council opposing approval, stating that she was concerned about additional flooding to her property. Mayor Hogue closed the public hearing on Zoning Case No. 2009-07 at 8:06 p.m. Council Discussion Councilman Porter asked City Manager Manson if the drainage would be addressed. Ms. Manson replied that in the event this application was approved, drainage consideration would be the next step during the site planning. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve amending the zoning form Agricultural/30 to Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major Use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel Road with the additional caveat that a brick screening wall matching the masonry of the building with iron gates be required to enclose the outside vehicle storage area in addition to the dumpster screening wall. A vote was taken and the motion passed 7-0. 6. Hold a Public Hearing and consider, and act upon, Ordinance No. 2009-37 adopting the 2006 Edition of the International Fire Code, save and except the deletions and amendments set forth herein and amending Chapter 46, Article III (Fire Code) of the Wylie Code of Ordinances. (R. Corbin, Fire Chief) Staff Comments Minutes December 8, 2009 Wylie City Council Page 6 Fire Chief Corbin addressed council stating that the Wylie Fire-Rescue and the City of Wylie are currently an Insurance Services Office Class One rated municipality. In an effort to maintain the current ISO rating A°" and remain proactive in fire prevention, the Wylie Fire Prevention/Community Risk Reduction Division has been actively participating in the North Texas Council of Governments Fire Advisory board meetings. The goal of the Fire Prevention/Community Risk Reduction Division is to prevent deficiencies in future ISO PPC ratings, due to fire code, and remain current in relation to industry standard fire code. Chief Corbin reported that the amendments to the International Fire Code in the proposed Ordinance were recommendations from NTCOG Fire Advisory Board's applicable regional amendments. Additionally two amendments were recommended by staff which includes: 1009.4.1 Stairway Landings. This section was added as a local amendment to change stairway landings to accept emergency medical services cots, and 1007.2.2 Where elevators are utilized. This section was added as a local amendment to change elevator car size to accept an emergency medical services cot. Chief Corbin reported that these amendments were essential to allow emergency workers ease of access to patients in emergencies. Public Hearing Mayor Hogue opened the public hearing on Zoning Case No. 2009-07 at 8:00 p.m. asking anyone present wishing to address council to come forward and limit their comments to three minutes. No one was present to address council during the public hearing. Council Discussion Councilwoman Spillyards stated that she had concerns regarding the added costs to prospective businesses to re-design the stairways and elevators to accommodate the emergency medical services cots. She noted that although she was sympathetic to emergency services, she was afraid the cost would prohibit prospective businesses from coming to Wylie if the building was more cost effective to build in a neighboring city. She asked Building Official McAnnally what the additional cost would be to conform to these new amendments. Building Official McAnnally stated that having the emergency exists (at least one) available in the event of an emergency was important to the emergency services but did not have figures on the cost to construct the additional width of the elevator and/or stair cases. City Manager Manson reported that the item could be tabled until the costs could be obtained. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to table the item to a meeting in January 2010 to allow time to obtain costs regarding the additional amendments for stairways and elevators for emergency access to building. A vote was taken and the motion passed 7-0. General Business Tabled From November 10, 2009 Council Action A motion was made by Councilman White to remove Item #6 from the table and consider. Consensus of the Wylie City Council was to remove Item #6 from the table and consider. 7. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, authorizing staff to schedule the events and performers for the 2010 Summer Concert Series. (R. Diaz, Recreation Supervisor) Minutes December 8, 2009 Wylie City Council Page 7 Staff Comments Recreation Supervisor Diaz addressed council stating that staff brought forth to council 3 options for summer events for 2010 at the November 10, 2009 meeting. After discussing all of the options the council decided to table the issue providing direction for staff to research some other options and bring the item back to them at the December meeting. Per council direction staff has come up with the following new options: • Street Dance with Charlie Robison or equivalent as the headline performer would cost approximately$18,000.00. Proposed event date is Friday, July 9, 2010. • Concert and Fireworks with Professor D or equivalent as smaller headline performer would be approximately$26,000.00. Proposed event date is Saturday, July 3, 2010. • Movies with working with the City of Rowlett to provide an inflatable screen would cost approximately $1,250.00 per event. Proposed event dates are Saturday, July 31 and August 7, 2010. • Balance left over from any of the proposed options could also be used to fund any grand opening events for the new municipal complex. • Depending on which events are chosen some funding will also be needed for advertising, portolets, generators, and possibly security. Mr. Diaz reported that he had worked with the company who books the city concerts and the costs provided were estimates; like cost entertainers could change if council desired. Mr. Diaz asked for direction from council regarding which options the council wished to pursue. He noted sponsorships were not included to offset a portion of the cost but could be added at a later date. Council Discussion Councilman Jones noted concern that the groups in the past did not relate to the younger population in Wylie. He suggested planning events with entertainers that would relate to the younger population. Mr. Diaz replied that in the past the city had tried to select a variety of groups that would appeal to different age groups. Councilman White asked if the actual budgeted amount was $37,000; if so, these numbers total to approximately $4,600. Mr. Diaz explained that he was giving options for which he was asking council which events they wished the department to pursue. Mayor Hogue asked council what their preference would be. Councilman Goss stated that he wanted to see the fireworks continue. Mayor Pro Tem Byboth stated that he thought an act could be secured for less cost than estimated; he noted that he would like to see the street dance continue. He suggested having local entertainment for the fireworks event. Councilwoman Spillyards suggested continuing the street dance as it was a tradition for Wylie and brought business to the downtown merchants. She explained that she did not think the fireworks brought the crowds and in the current economic time felt it could be eliminated as other cities have done. Mayor Hogue commented that he also had concerns with the budget constraints. He suggested having the July Jubilee as it was a tradition. He commented that the "Searching for a Star" event that Rob Hunter, a downtown merchant, has created has been very successful and is held in the downtown area. He noted that he did not think the fireworks needed to be included in next year's budget due to affordability. Councilman White concurred. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to direct staff to plan a somewhat curtailed fireworks show for the week of July 3, 2010 and continue the July Jubilee Dance as the city has in the past and work at reducing the costs for both. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, award of a contract, in the amount of $1,493,947.00, to Preload for the construction of a 1.5 million gallon ground storage tank at the Nortex Pump Station. (C. Holsted, City Engineer) Minutes December 8, 2009 Wylie City Council Page 8 Staff Comments City Engineer Hoisted addressed council stating that on November 30, 2009 at 4:00 p.m., two bids were opened for the construction of a 1.5 million gallon ground storage tank at the Nortex Pump Station. The tank was identified in the most recent water system capital improvements plan and water impact fee update. The new tank provides additional storage capacity for the low pressure service area generally located in the south and eastern portions of the City. The new tank will be constructed of concrete and have a height of approximately 30'. Mr. Hosted reported that the low bid was submitted by Preload, Inc. of Hauppauge, New York. Birkhoff, Hendricks, and Conway has worked with Preload on similar projects and they recommend award to them. A deductive bid was included if the company was awarded both the Newport and Nortex tanks and Preload bid a deductive amount of $147,300. Total cost for the construction of both tanks is $3,312,809.00. He reported that the funds would come from the bond proceeds and interest income derived from those funds. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to award a contract, in the amount of $1,493,947.00, to Preload, Inc. for the construction of a 1.5 million gallon ground storage tank at the Nortex Pump Station. A vote was taken and the motion passed 7-0. 9. Consider, and act upon, award of a contract to Preload in the amount of $1,868,862.00 for the construction of a 2.0 million gallon ground storage tank at the Newport Harbor Pump Station. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that on November 30, 2009 at 1:00 p.m., two bids were opened for the construction of a 2.0 million gallon ground storage tank at the Newport Harbor Pump Station. The tank was identified in the most recent water system capital improvements plan and water impact fee update. The new tank provides additional storage capacity for the high pressure service area generally located in the north west portion of the City. Councilman Porter asked why the existing tank was being removed. Mr. Hoisted replied that the existing tank was a 500,000 gallon tank and has a different overflow system than the proposed new 2.0 million gallon tank and would need additional money to value and control it. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to award of a contract to Preload in the amount of $1,868,862.00 for the construction of a 2.0 million gallon ground storage tank a the Newport Harbor Pump Station. 10. Consider, and act upon, the appointment of a Council representative to the regional Emergency Preparedness Planning Council to fill an expiring two year term. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that in 2002 the Council of Governments created the regional Emergency Preparedness Planning Council (EPPC) in response to requests from elected officials that the various emergency preparedness plans be integrated and coordinated on a regional Minutes December 8, 2009 Wylie City Council Page 9 level. The EPPC meets every other month, and provides guidance and makes recommendations to the COG Executive Board and the Regional Emergency Preparedness Advisory Committee which is the technical arm (staff participants) of the initiative. She reported that for the past two years Councilman White has served in this capacity and was eligible for reappointment. Councilman Porter stated that he felt Councilman White had done a great job on this committee and was very knowledgeable in emergency preparedness issues. He stated that he would be in favor of nominating him for re-appointment. Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to nominate Councilman Rick White to the COG Executive Board and the Regional Emergency Preparedness Advisory Committee for a two year term. 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 caption to Ordinance No. 2009-36 into the official record. Mayor Hogue recessed into Executive Session at 9:15 p.m. reading the caption below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 Deliberation Regarding the purchase, exchange, lease or value of real property generally located at: • W. A. Allen/Stone Road Intersection Mayor Hogue re-convened into Regular Session at 9:25 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. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman White, seconded by Councilman Jones to adjourn the meeting at 9:28 p.m. Consensus of the council was to adjourn. OF kip. dui Cr,w► <r, r ogue, May•r ATTEST: 1,71,1 Ca le Ehrlich, City Secretary •, 10I;(,- Minut � • �� '/I�, . Wyl� +�,it►i . Pag-