11-09-2010 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, November 9, 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 6:00 p.m. with the following Wylie City Council
members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman
David Goss, Councilman Carter Porter, Councilman Rick White, and Councilman Bennie Jones.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; Finance Director, Linda Bantz; Police
Chief, John Duscio; Public Services Director, Mike Sferra; Library Director, Rachel Orozco; City
Engineer, Chris Hoisted; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly,
and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Former Mayor William Martin gave the invocation and Cub Scout Troops 304 and 418
presented the colors and led the Pledge of Allegiance. Cub scouts present included: Troop 304,
Evan Tillery, Travis Notz, Jordan Mastow, Victor Mitroff, Shelby Crookall, Austin Hanley, Nathan
Drevicky, Raphael Barolay, Troy Lott and Collin Kaiser. Troop 418, Hudson Gregg, Darien
Richardson, Aiden Revor, Matthew Cox, Everett Vasquez, Zane Bustamante, Sebastian
Bustamante, John Hunt, Chase Seamon, Reece Rhodes, Hayden Rhodes, Zane Skinner,
Zachary Magner, and Joshua Logan.
PRESENTATION
• Presentation and recognition of participants in the National Community
Planning Month.
Mayor Hogue asked Planning Director 011ie to come forward and assist with the presentation of
the winners of the art contest as part of National Community Planning Month. Mayor Hogue
reported that the month of October is designated as National Community Planning Month
throughout the United States of America and its territories, and the American Planning
Association endorses National Community Planning Month as an opportunity to highlight the
contributions of sound planning.
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Wylie City Council
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Planning Director 011ie explained the celebration of NCPM gives the City the opportunity to
continue to work with the young students, allowing them the opportunity to display their artistic
talents in how they see Wylie. She noted that this year's theme was "My Favorite Place in
Wylie." All WISD elementary students were invited to draw a picture of their favorite place in --..
Wylie.
Certificates were presented to the winners:
1st Place McKenna Monier— Dodd
2nd Place Evelyn Penrose— Groves
3rd Place Lauren Vasquez— Groves
• Presentation of Reach for a Star Tree.
City of Wylie Reach for a Star coordinator, Cheryl Smith presented the 2010 RFS Christmas
Tree. Mayor Hogue explained that the program was established to provide help to Wylie families
for Christmas. The program, formerly called Blue Santa, is in its 17th year established by City of
Wylie employees and assisted by the whole community. Council members took stars from the
tree to provide gifts for children in 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.
There was no one present to address council during citizen's 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 of the October 26, 2010 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, approval of a Replat for Wyndham Estates Phase III.
Subject property being currently located at 204 and 206 Windco Circle. (R. 011ie,
Planning Director)
C. Consider, and act upon, approval of a Replat for Holland Hitch Addition. Subject
property being currently located at the southeast corner of S.H. 78 and Martinez
Lane. (R. 011ie, Planning Director)
D. Consider, and act upon, approval of a Final Plat for SH 78 RaceTrac addition, on
one lot, generally located on the northeast corner of S.H. 78 and E. Brown Street. (R.
011ie, Planning Director)
E. Consider, and act upon, approving a request for the Wylie East High School
Baseball Program to sell concessions and spirit wear at the Community Park during --�
a fundraising rag ball tournament on November 19th and 20th, 2010. (R. Diaz, Parks
and Rec Superintendent)
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Wylie City Council
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F. Consider, and act upon, Resolution No. 2010-35(R) authorizing the Mayor to
*14 execute a letter to the Texas Commission on Environmental Quality in conjunction
with the North Texas Municipal Water District requesting a two-year extension for
compliance with the Stage 2 Disinfection Byproduct Rule. (M. Sferra, Public Services
Director)
Council Action
A motion was made by Councilman White, seconded by Councilman Jones to approve
the consent agenda as presented. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
Public Hearings:
1. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance
2001-48, Article 8, Section 8.5 (Certificates of Occupancy and Compliance); to
provide procedural regulations for certificate of occupancy requirements. ZC2010-
06 (Renae' 011ie, Planning Director)
Staff Comments
Wylie Fire Marshal Steve Seddig addressed council stating that under Section 8.5.A Certificates of
Occupancy and Compliance, the requirements for a certificate of occupancy does not clearly state or
imply that a CO is required for a change of ownership. In working with several departments (Fire,
Building, & Planning) it was determined that there is no firm legal standing to require new commercial
occupants to apply for certificates of occupancy when occupying an existing facility. The language in the
current ordinance addresses new construction or change of use. A major focus of the change is to add
the statement that "Any change in ownership of an existing use" requires a new certificate of
occupancy.
Additionally, a new subsection has been included that addresses the procedure for an existing building or
space, by stating that it shall be unlawful to make any change in use, occupancy or ownership of any
existing structure and/or space for commercial purposes without first obtaining a CO from the City of
Wylie's Inspections Department. Mr. Seddig noted that if there were lessees in the building when
ownership changed, the lessee would not be affected by the change; only the new owner would be
required to acquire the new certificate of occupancy.
Public Hearing
Mayor Hogue opened the public hearing for Item #1 at 6:30 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.
Mayor Hogue closed the public hearing at 6:30 p.m.
Council Action
A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to amend
Zoning Ordinance 2001-48, Article 8, Section 8.5 (Certificates of Occupancy and Compliance);
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Wylie City Council
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to provide procedural regulations for certificate of occupancy requirements. ZC 2010-06. A vote
was taken and the motion passed 7-0.
2. Hold a Public Hearing and consider, and act upon, amending PD 2000-22B &
Concept Plan of the Estates of Creekside to decrease the front yard setback with the
purpose of increasing the width of the main collector road into the subdivision,
generally located south of Parker Road and approximately '/2 mile west of Country
Club Road. ZC 2010-05 (Renae' 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed council stating that since the posting of this agenda item, a request by
the applicant had been received to withdraw the zoning request. She explained that due to the publication
of the public hearing, a public hearing should be conducted to accept input from the public and then
consideration of acceptance of the request to withdraw can be made by motion.
Public Hearing
Mayor Hogue opened the public hearing for Item #2 (PD 2000-22B) at 6:33 p.m. asking anyone
present wishing to address council to come forward and limit their comments to three minutes.
Matthew Butschek, residing at 1755 FM 1378, addressed council speaking against the approval
of the item.
With no one else wishing to address council, Mayor Hogue closed the public hearing at 6:36
p.m.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Jones to accept the
withdrawal by applicant Gary DeFrain (Campbell Wylie Partners) of Zoning Case 2010-05. A
vote was taken and the motion passed 7-0.
3. Hold the first of two Public Hearings on the need to continue, abolish, or modify the
City of Wylie Juvenile Curfew Ordinance No. 2005-08. (1 Duscio, Chief of Police)
Staff Comments
Police Chief Duscio addressed council stating that the Texas Local Government Code 370.002(a) states
that before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law
municipality or a home-rule municipality or an order of a county commissioners court, and every third year
thereafter, the governing body of the general-law municipality or home-rule municipality or the
commissioners court of the county shall:
1. Review the ordinance or order's effects on the community and on problems the ordinance or order
was intended to remedy;
2. Conduct public hearings on the need to continue the ordinance or order; and
3. Abolish, continue, or modify the ordinance or order.
Section 370.002(b) states:
(b) Failure to act in accordance with Subsections (a) (1)—(3) shall cause the ordinance or order to expire.
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Chief Duscio reported the current Curfew Ordinance No. 2005-08 gives officers a tool to reduce juvenile
crime by specifying times and locations where unsupervised juveniles under the age of 17 can be. He
noted that statistics have shown that when unsupervised juveniles gather late at night they are at higher
risk of becoming a victim of crime or becoming involved in criminal activity. In 2009 Wylie officers issued
58 citations for curfew violations. From January 1, 2010 to the date this report was completed, October
28, 2010, officers responded to 25 calls in regards to curfew violations and have issued 7 curfew
citations.
Public Hearing
Mayor Hogue opened the public hearing for Curfew Ordinance No. 2005-08 at 6:40 p.m. asking
anyone present wishing to address council to come forward and limit their comments to three
minutes.
Lance Engstrom, residing at 1204 Lonesome Drive Trail, spoke in favor of the curfew.
With no one else wishing to address council, Mayor Hogue closed the public hearing at 6:36
p.m.
Mayor Hogue announced that the second of the two required public hearings for the curfew
ordinance would be heard at the December 14, 2010 Wylie City Council meeting; action by the
Wylie City Council will be taken at that time.
General Business:
4. Consider, and act upon, Resolution 2010-36(R) authorizing the Wylie Economic
Development Corporation (WEDC) to enter into a Loan Agreement with American
National Bank in an amount not to exceed $5,000,000. (S. Satterwhite, WEDC)
Staff Comments
WEDC Executive Director Sam Satterwhite addressed council stating that the WEDC Board of Directors
is currently finalizing negotiations surrounding a Performance Agreement and Lease. Further, the WEDC
and Ascend are partnering in the purchase of 1.33 acres from Holland Hitch which is required for the
project. The WEDC is also finalizing AIA Agreements with Hill & Wilkinson which will act as its general
contractor and will have a full set of plans in approximately 30 days. The WEDC put out an RFP for
financing of the project to six banks with local branches with American National providing the most
advantageous package. The WEDC is aggressively pursuing a loan closing date of 11-19-10 for which
this authorization is required. While the City Council will not be party to the Performance Agreement or
Lease, the WEDC will be presenting those documents for Council's review at a future date.
Council Action
A motion was made by Councilman White, seconded by Mayor Pro Tem Byboth to adopt
Resolution No. 2010-36(R) authorizing the Wylie Economic Development Corporation (WEDC)
to enter into a Loan Agreement with American National Bank in an amount not to exceed
$5,000,000. A vote was taken and the motion passed 7-0.
5. Consider and act upon, approval of Resolution 2010-37(R) recommending excess
funds from the FM 1378 — FM 544 to Brown Street project be re-allocated to the
FM 1378—Parker Road to Parker Road project. (C. Holsted, City Engineer)
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Staff Comments
City Engineer Hoisted addressed council stating that Collin County and the City of Wylie secured funding
in the amount of$7,463,905 from the SH 121 Subaccount for the construction of FM 1378 from FM 544 to
Brown Street. On March 23, 2010 Council awarded a contract to Glenn Thurman, Inc. in the amount of pa.
$3,233,598.46 for the project leaving excess funds of approximately$4,230,306.54.
On October 26, 2010 Council approved an Interlocal Agreement with Collin County for funding
engineering services for FM 1378 from South Parker Road to North Parker Road. The attached
Resolution recommends that the excess funds from the FM 544 to Brown Street project be allocated for
the construction of this portion of FM 1378.
Mr. Hoisted explained that the funds appropriated by this item are funds from the sale of State Highway
121 to the NTTA and are not part of bond funding; rather they are funds already appropriated to the FM
1378 project and the city is requesting that the access of those funds stay in Wylie and be used for this
project.
Council Comments
Councilman Goss reported that at the October 26, 2010 council meeting, council discussed the desire to
not only fund the engineering but complete construction of this project. A county representative was
present at that meeting and she representing the county along with Councilman Goss worked with the
county to find the funding to allow this to happen.
Citizen Comments
Matthew Butschek, residing at 1755 FM 1378, addressed council speaking against the approval
of the item.
Council Action
A motion was made by Councilman White, seconded by Mayor Pro Tem Byboth to adopt
Resolution No. 2010-37(R) recommending excess funds from the FM 1378 — FM 544 to Brown
Street project be re-allocated to the FM 1378 — Parker Road to Parker Road project. A vote was
taken and the motion passed 7-0.
Mayor Hogue convened into Executive Session at 6:55 p.m. reading the caption and exception
below.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code,
to wit:
Section 551.072 (Real Property) of the Local Government Code, Vernon's Texas Code
Annotated (Open Meetings Act).
• Discuss Right of Way purchases on Brown Street from FM 1378 to Ballard Avenue.
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific
exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those
exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive
Session, will be taken and recorded in open session.
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Wylie City Council
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Mayor Hogue convened into Regular Session at 7:15 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
There was not action taken as a result of Executive Session.
WORK SESSIONS
• Discussion regarding the move to the new Wylie Municipal Complex and Dedication
of the Building and Art Projects. (Mindy Manson, City Manager)
City Manager Manson addressed council asking for some direction regarding the opening and
dedication of the buildings and the dedication of art work for the new Municipal Complex.
Manson reported that City Hall and the Wylie Recreation Center would be ready for move-in
around the first two week of January 2011. The library, due to the extent of items required for
the move, would take until March of 2011 to open and be fully functional.
Councilwoman Spillyards reported the Public Arts Advisory Board had discussed the dedication
of the art pieces and had recommended that the art dedications for Sites 1, 2 and, 3 be
presented together and be done after the library was open and operational. She noted that the
board was recommending sometime in April when the landscape was established and to include
workshop/presentations by two of the artists in the library.
Council discussed several options for the building dedications. Direction from council included
to:
• Meet in the new council chambers starting with the January 11, 2011 council
meeting, if possible. Perform some type of "closure" presentation at the last
meeting to be held in the current council chambers.
• Conduct a soft opening (open house) for the recreation center and city hall when
open and operational.
• Present the dedication of the three buildings together sometime mid March
2011.
• Dedication of all three art sites in mid April to include presentations/workshops
by the artists.
• Discuss and consider developing a Code of Conduct for elected officials, appointed
officials, and participants if public meetings. (Mindy Manson, City Manager)
City Manager Manson addressed council stating that a request was made to include the
discussion of a Code of Conduct for public officials and participants in public meetings.
Mayor Hogue explained that Resolution No. 2003-20(R) (Rules and Procedures for
Council Meetings) required certain conduct within the meetings for citizens and council.
He noted that Planning and Zoning had a similar Code of Conduct within their bylaws.
City Manager Mansoh'reported that all boards have a set of bylaws which addresses
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time and date of rrfeetiggs and board responsibilities. She noted that most of the board
bylaws did not specifically address a code of conduct.
Mayor Hogue reported that City Attorney Richard Abernathy had opinioned that conduct
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during meetings could be addressed within a set of rules and procedures or code of
conduct however; the recourse for conduct of board members outside the board
meetings was removal from the board. Mayor Hogue explained that board members
served at the pleasure of the council and could be removed from any board by the
council.
Mayor Hogue asked council who determined what actions within a code of conduct
would be considered right or wrong. He stated that each person may have a different
opinion regarding acceptable behavior.
Councilman Goss and Councilman Jones voiced their support for a code of conduct.
Councilman Jones expressed the need for all public officials to treat citizens with respect
whether in a written code or not.
Mayor Pro Tem Byboth stated that he was against more government and believed the
state and federal government covered areas of ethical behavior. He suggested that
during the interview process for board positions, emphasis could be placed on an
expected code of conduct for applicants appointed to boards. Councilwoman Spillyards
concurred. She thought addressing the issue when applicants are interviewed for boards
would be sufficient.
Councilman White spoke against a code of conduct stating it could work in reverse for
political reasons in some instances. Councilman Porter stated that other cities have
found codes of ethics very hard to enforce.
Mayor Hogue suggested a retreat be held sometime in the future to further discuss this
issue. No direction was given to staff at this time.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman Porter,
seconded by Councilman White to adjourn the meeting at 7:45 p.m. A vote was taken and the
motion passed 7-0.
Eric Hogue, Mayo
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Wylie City Council
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