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08-24-2010 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, August 24, 2010 — 6:00 p.m. 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 6:03 p.m. with the following Wylie City Council members present: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter, Councilman Rick White, and Councilman Bennie Jones. Mayor Pro Tem Red Byboth was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Building Official, Mike McAnnally; Fire Chief, Randy Corbin; Police Chief, John Duscio; Finance Director, Linda Bantz; Library Director, Rachel Orozco; Construction Manager, Shane Colley; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Corbin gave the invocation and Police Chief Duscio led the Pledge of Allegiance. PRESENTATION • Cotton Belt Corridor Study and Eastern Terminus Alternatives (City of Plano) Representatives from DART and Frank Turner, Deputy City Manager for the City of Plano offered several alternative service routes for the eastern extension of the Cotton Belt Line planned to extend to Wylie and beyond. They asked council to contact DART with recommendations as to which alternative service route was preferred. Plans for beginning the eastern extension was being reviewed by NTCOG and was anticipated within the next few years. Extensions to Wylie and beyond would be completed when usage and traffic numbers reflected the need. 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. Minutes August 24, 2010 Wylie City Council Page 1 John Onufreiczuk, residing at 3103 Bryce Drive, Wylie, and Elizabeth Welch, representing the Sage Creek HOA and Select Management Company, respectively addressed council concerning code violations within the Sage Creek Community. Don Hallum and former council woman Rita Allen addressed council thanking them for the consideration of using the current Rita and Truett Smith Library for a senior center once the library staff moves to the new Municipal Complex. 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 August 10, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and place on file the City of Wylie Monthly Revenue and Expenditure Report as of July 31,2010 (L. Bantz, Director of Finance) C. Consider and place on file the Wylie Economic Development Monthly Revenue and Expenditure Report as of July 31,2010 (S. Satterwhite, WEDC) D. Consider, and act upon, approval for a Replat of the Williams Addition, Block A, Lots 3-5 creating three commercial lots. Subject property being generally located north of FM 544 and approximately 825 feet west of Springwell Parkway. (R. 011ie, Director of Planning) AM* E. Consider and act upon, Ordinance No. 2010-13 amending Section 3 of Ordinance 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (C. Hoisted, City Engineer) Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing on the City of Wylie Fiscal Year 2010-2011 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item on the proposed budget; and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed budget. (L. Bantz, Director of Finance) Minutes August 24, 2010 Wylie City Council Page 2 Staff Comments Finance Director Bantz addressed council stating that a Public Hearing is required to be held on the fiscal year 2010-2011 Proposed Budget. In addition the date, time, and place that the vote will be taken on the final proposed budget must also be scheduled. Bantz explained that all interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. She explained that at the end of the hearing, the City Council will schedule the date, time and place that the vote will be taken on the final proposed budget. This meeting is currently scheduled for September 14, 2010 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, TX. Public Hearing Mayor Hogue opened the public hearing for the FY 2010-2011 Proposed Budget at 6:35 p.m. asking anyone present wishing to address the council on this item to come forward and limit their comments to three minutes No citizens were present wishing to address the council; the mayor closed the public hearing at 6:35 p.m. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Jones to set September 14, 2010 at 6:00 p.m. at the Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas as the date, time, and place for the approval of the FY 2010-2011 City of Wylie Budget. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. 2. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural 30 (AG/30) District to Commercial Corridor (CC) District, generally located at the northeast corner of S.H. 78 and E. Brown Street. ZC 2010-03 (R. 011ie, Director of Planning) Staff Comments Planning Director 011ie addressed council stating that the subject property is located at the northeast corner of S.H. 78 and E. Brown Street and consists of 2.772 acres. The property is currently zoned A-30 and has been used for warehousing/self-storage purposes in the past and has never been platted. FEMA Floodplain Zone "AE" runs along the northern property line and includes a heavily vegetated tree line. The applicant is requesting to rezone the property to Commercial Corridor (CC) District to allow for a convenience store selling gasoline, beer and wine. A zoning exhibit is attached hereto and made part of this request. The zoning exhibit depicts the proposed layout of the facility. A final site plan and final plat will be submitted to the Planning and Zoning Commission and the City Council for recommendation and approval. Ms. 011ie reported that the Planning and Zoning Commission vote 6-0 to recommend approval. Travis Henegar and Karen Mitchell, representatives for Racetrac Petroleum, Inc gave a short presentation regarding the design of the proposed facility. Public Hearing Mayor Hogue opened the public hearing for Zoning Case 2010-03 at 6:50 p.m. asking anyone present wishing to address the council on this item to come forward and limit their comments to three minutes. Jay Patel, residing at 202 S. Ballard Avenue, Wylie, spoke against the proposed zoning case. Allen Snider, residing at 213 Liberty Drive, Wylie, spoke against the proposed zoning case. Minutes August 24, 2010 Wylie City Council Page 3 With no one else wishing to address the council, the mayor closed the public hearing at 6:58 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilman White to amend the zoning from Agricultural 30 (AG/30) District to Commercial Corridor (CC) District, generally located at the northeast corner of S.H. 78 and E. Brown Street. A vote was taken and the motion passed 5-1 with Mayor Hogue, Councilwoman Spillyards, Councilman Goss, Councilman White and Councilman Porter voting for and Councilman Jones voting against. Mayor Pro Tem Byboth was absent. General Business 3. Consider, and act upon, the appointment of a committee member to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School district City/Schools Partnerships Committee. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that in 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. Current City Council members are: Chair, Kathy Spillyards, Mayor Eric Hogue, and Council member Rick White. Also in attendance are: WISD Committee facilitator, Dr. John Fuller, and City of Wylie facilitator, City Manager Mindy Manson. City Manager Manson explained that Kathy Spillyards was re-elected to the Wylie City Council in 2010 leaving that position on the Subcommittee vacant per Ordinance No. 2005-55. Staff is requesting this position on the subcommittee be filled either by re-appointment or the selection of another council member to serve in this capacity. Council Discussion Councilman Goss reported that current members serving on the sub-committee are: WISD Trustee members: Chair, Barbara Goss; trustee member, Ronni Fetzer; and trustee member, Heather Leggett. Councilman Porter asked Councilwoman Spillyards if she was willing to serve again if appointed by council. Councilwoman Spillyards replied she would be pleased to serve again. Councilman Goss stated that Councilman Jones would be a good candidate to serve on the committee. He noted that Mr. Jones was very interested in youth. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to appoint Councilman Jones to the City/School Partnerships Committee to run concurrent with his term of office. A vote was taken and the motion failed 2-4 with Councilman Jones and Councilman Goss voting for and Mayor Hogue, Councilwoman Spillyards, Councilman White and Councilman Porter voting against. Minutes August 24, 2010 Wylie City Council Page 4 The mayor asked if there was any further discussion or action the council wished to take on this item. Council Action A motion was made by Councilman Porter, seconded by Councilman White to appoint Councilwoman Spillyards to the City/School Partnerships Committee to run concurrent with her term of office. A vote was taken and the motion passed 4-2 with Mayor Hogue, Councilwoman Spillyards, Councilman White and Councilman Porter voting for and Councilman Jones and Councilman Goss voting against. 4. Consider, and act upon,Resolution No. 2010-28 authorizing the City Manager to execute the Solar Electric Design and Installation Agreement between the City of Wylie and Meridian Solar,to be purchased through a State Energy Conservation Office's (SECO) Energy Efficiency and Conservation Block Grant Agreement. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed council stating that the City of Wylie has received both an EECBG grant and an Oncor Energy rebate for the design and installation of a PV solar electric system on the Wylie Municipal Complex. Once the funding agreements are finalized, and the City of Wylie gets the notice to proceed, the City will be required to enter into an agreement to design and install the PV solar system with an approved provider. Having the agreement in place in advance will allow us to begin construction sooner. The funds received from the ECBG grant and Oncor will pay for the entire system, the City of Wylie will not incur any costs. The agreement is contingent upon the City obtaining the promised funding for the project, should the funding not be received for any reason the agreement will be null and void. Meridian was recommended to us by CLEAResult Consulting (on behalf of Oncor) as an excellent provider with good experience and reputation. Meridian is on State Contract with the PV system so that all State mandated bidding requirements had been met. Council Discussion Councilman White asked how much of the overall electricity use will be provided through the solar system. Assistant City Manager Butters stated that the estimate was approximately 35,000 kilowatt hours per year would be provided with the solar system. The estimated overall consumption for the three buildings is 1.6 million kilowatt hours. Councilman Porter asked if the system could be added to in the future. ACM Butters replied that he did not believe the system could be added to but there was space for additional systems should the city want to increase the solar use. Council Action A motion was made by Councilman White, seconded by Councilman Jones to adopt Resolution No. 2010-28 authorizing the City Manager to execute the Solar Electric Design and Installation Agreement between the City of Wylie and Meridian Solar, to be purchased through a State Energy Conservation Office's (SECO) Energy Efficiency and Conservation Block Grant Agreement. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 5. Consider, and act upon, Ordinance No. 2010-14, Amending the Code of Ordinances of the City of Wylie by Adopting Article IX (Prohibition of Illegal Smoking Material) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Wylie Code of Ordinances and establishing "Illegal Smoking Products" ("Genie", "Dascents", "Zohai", "Sage", "K-2" and "KO Knock-Out 2,"SALVIA DIVINORUM) to Prohibit the Sale or Delivery of Illegal Smoking Materials to Persons and to Prohibit the Possession of Minutes August 24, 2010 Wylie City Council Page 5 Illegal Smoking Materials by Persons; Providing for Repealing, Savings and Severability Clauses; Providing for a Penalty for the Violation of this Ordinance," and Providing for the Publication of the Caption hereof. (J. Duscio, Police Chief) Staff Comments Police Chief Duscio addressed council stating that the proposed ordinance defines "Illegal Smoking Product" as "any plant or other substance, whether described as tobacco, herbs, incense, spice or any blend thereof, regardless of whether the substance is marketed for the purpose of being smoked." The Chief explained that these products have grown in popularity among young adults and juveniles. The substances are not yet categorized as illegal controlled substances under state or federal law; and the substances are often used as an alternative to marijuana and are potentially dangerous to users and the long term effects are not yet known. It has been determined that the effects of these substances are a health concern to the citizens of the City of Wylie. The purpose of this ordinance is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices within the city limits of the City of Wylie. Staff is recommending the approval of this ordinance. Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to adopt Ordinance No. 2010-14 amending the Code of Ordinances of the City of Wylie by adopting Article IX (Prohibition of Illegal Smoking Material) of Chapter 74 of the Wylie Code of Ordinances and establishing "Illegal Smoking Products" ("Genie", "Dascents", "Zohai", "Sage", "K-2", "KO Knock- Out 2", and "SALVIA DIVINORUM") to Prohibit the Sale or Delivery of Illegal Smoking Materials to Persons and to Prohibit the Possession of Illegal Smoking Materials by Persons. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 6. Consider, and act upon, authorizing the purchase of a Fire Station Alerting System to be integrated with the existing Computer Aided Dispatch system and E9-1-1 from US Digital Designs in the amount of$167,713.75 (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed council stating that this proposal will provide for the addition of Fire Station Alerting and Automatic Computer Aided Dispatch of Fire/EMS apparatus in compliance with National Fire Protection Association standards and ISO recommendations. This will cut down on response times to citizens and allow simultaneous dispatch of multiple companies to multiple calls while keeping radio traffic free, and freeing up more time for dispatchers to administer emergency medical dispatch to callers. This is part of the upgraded Public Safety Communications system, and is funded through that project. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to authorize the purchase of a Fire Station Alerting System to be integrated with the existing Computer Aided Dispatch System and E9-1-1 from US Digital Designs in the amount of$167,713.75. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth 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 Ordinances No. 2010-13 and 2010-14 into the official record. -- Minutes August 24, 2010 Wylie City Council Page 6 WORK SESSION • Discussion regarding the signage at the new Municipal City Complex (M. Manson, City Manager) City Manager Manson addressed council stating that staff was looking for direction regarding the signage at the new Wylie Municipal Complex. She explained that the city was required to stay within the sign ordinance requirements. She asked for direction regarding the preference between a single tenant sign (Wylie Municipal Complex) and a multi tenant sign (City Hall, Library and Recreation Center). She explained that if a single tenant sign was used, additional directional signs could be placed in the parking areas designating parking for each building. Direction from council was to bring back options for single and multi tenant signs with scrolling electronic signage and costs associated with those options; also include funding options for the signage. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman White, seconded by Councilman Porter to adjourn the meeting at 7:50 p.m. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. 000.16,4 Eric Hogue, Ma r ATTEST: OF TAL • Carole Ehrlich, ity Secretary /�1ff1:14.1".155EZ8 T • .lass• '4a:« Minutes August 24, 2010 Wylie City Council Page 7