Loading...
09-27-2011 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, September 27, 2011 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:04 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tern Red Byboth (arrived at 6:35 pm), Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman David Goss, and Councilman Bennie Jones. Councilman Rick White was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; Police Chief, John Duscio; Finance Director, Linda Bantz; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; Wylie Economic Development Director, Sam Satterwhite; Planning Director, Renae' 011ie; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Goss gave the Invocation and Councilwoman Spillyards led the Pledge of Allegiance. PRESENTATION • Proclamation for National Recovery Month 2011 Mayor Hogue read a proclamation naming the month of September 2011 as National Recovery Month. • Proclamation for National Night Out Mayor Hogue read a proclamation naming October 4, 2011 as National Night Out in the City of Wylie. Present for the proclamation reading was Police Chief John Duscio who invited residents to come out to Olde City Park and meet their neighbors. Many services will be provided to those in attendance including child fingerprinting and activities for the children. Food will be provided. Minutes September 27, 2011 Wylie City Council Page 1 • A Life Saving Award to Davis Bentle �. Mayor Hogue recognized WISD student Davis Bentle for his life-saving actions related to a car accident and fire near his home. According to Mr. Bentle, the victim of the accident could not escape the vehicle that was on fire after the accident because the seat belt would not release. Mr. Bentle used a knife to cut the belt and remove the victim, thereby saving the accident victim's life. Fire Chief Doug Kendrick assisted with the recognition and presentation, since the incident occurred in their fire district and his crews responded to the scene. • Presentation of life saving award to Jennifer Perez and James Eckert Mayor Hogue presented a life-saving award to two citizens whose quick action prevented the death of a six year old on September 4th. Five year old James Eckert discovered six year old Jayden in the pool, not breathing, and got the adult's attention, reporting Jayden didn't have on his floaties. The adults removed Jayden Thomas from the pool, not breathing and blue. Jennifer Perez began rescue breathing and CPR. In addition to the near-drowning, Jayden had a piece of hot dog lodged in his airway. Ms. Perez cleared his airway with the Heimlich maneuver, administered CPR, and he subsequently started breathing again. The patient was conscious and breathing upon transport by WFR Medic unit, and the patient was talking to the crew by the time they arrived at the hospital. The Mayor commended Ms. Perez for her life- saving administration of resuscitation, and five year old James Eckert for sounding the alarm. 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. Bill Baumbach, residing at 505 Rustic Place, Wylie, addressed Council asking Council to be considerate of leaving the proposed 19 acres to be considered in the work session as parkland. 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 September 13, 2011 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expense Report for the City of Wylie as of August 31,2011. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for August 31,2011. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 31, 2011. (S. Satterwhite, Executive Director, WEDC) Minutes September 27, 2011 Wylie City Council Page 2 E. Consider, and act upon, Resolution No. 2011-23(R) authorizing the City Manager to execute an Interlocal Agreement with the City of Fate for dispatch services for a one year term beginning October 13, 2011, annually renewable at cost plus administrative fees. (R. Corbin, Fire Chief) F. Consider, and act upon, approval of a Final Plat for Aaron Davis Addition, creating a single lot of record on 4.390 acres. The property is generally located south of Parker Road and approximately 950' west of Country Club Road. (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Replat for Brown & Burns Addition, Block 1, Lot 20R, a property of 0.171 acres located at 109 Marble Street; southeast corner of Marble Street and Jackson Street. (R. 011ie, Planning Director) H. Consider, and act upon, Ordinance No. 2011-21 amending Ordinance No. 2011-17 (2010-2011 Budget) for proposed Emergency Communications amendments for fiscal year 2010-2011. (R. Corbin, Fire Chief) City Secretary Ehrlich noted one change regarding the City Council minutes of September 13, 2011. She noted the strike out of the wording "that would be brought back for approval at a later date" from the last sentence in Item 8 discussion (page 6). Council Action A motion was made by Councilwoman Culver, seconded by Councilwoman Spillyards to approve the consent agenda as presented with one change noted to the September 13, 2011 minutes by City Secretary Ehrlich. A vote was taken and the motion passed 5-0 with Mayor Pro Tem Byboth and Councilman White absent. Mayor Pro Tem Byboth arrived at 6:35 p.m. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing, and consider, and act upon, amending the zoning from Commercial Corridor (CC) to Light Industrial (LI), on 12.4 acres, generally located northeast of Centennial Drive and Eubanks Lane. ZC 2011-05 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is Lot 1, Block B of the Woodlake Village Addition and located at the northeast corner of Centennial Drive and Eubanks Lane and consists of 12.393 acres. The property is currently an undeveloped lot and is zoned CC. The subject property is Lot 1, Block B of the Woodlake Village Addition and located at the northeast corner of Centennial Drive and Eubanks Lane and consists of 12.393 acres. The property is currently an Minutes September 27, 2011 Wylie City Council Page 3 undeveloped lot and is zoned CC. Access to the property will be via Centennial Drive, with the rear of the property facing Kansas City Southern Railroad. 011ie explained the applicant is requesting to rezone the property to Light Industrial (LI) District to allow for Office/Warehouse uses as outlined in Article 5 of the current zoning ordinance. A final site plan must be submitted to the Planning & Zoning Commission for recommendation and approval prior to the release of any permits. As reflected on the Conceptual Site Plan, the applicant is proposing nine (9) single story office/warehouse buildings averaging 15,000 s.f. each. The subject lot is a long rectangular shaped lot with approximately 277' of depth and is adjacent to the Atchison, Topeka & Santa Fe Railroad and is located approximately 800' feet north of S.H. 78. Access to the property is from Eubanks Lane to the west and Spring Creek Parkway to the east, with no direct access from S.H. 78. 011ie reported with no questions for staff or the applicant and no comments from the audience, the Planning and Zoning Commission voted 4-0 to recommend approval. Council Discussion Councilman Goss asked Planning Director 011ie if the Light Industrial change would allow only warehouse use for this zoning or if it would open it up to all types of Light Industrial. Mrs. 011ie replied that it would be open to any business listed, by right, under Light Industrial. If the requirement under Light Industrial included an SUP, that would be required. She explained some of those type uses included office warehouse, financial institutions, recreation, with SUP, health club, retail and minor auto repair, and mini warehousing. Councilman Goss noted that he had concerns regarding mini warehousing being allowed by right as there were multiple mini-warehouse units in the City. Councilwoman Culver asked if screening was required in this zoning or could items be left on the property without screening. Mrs. 011ie replied that zoning did require screening either by another building or material screening. 011ie noted, because of the adjacency to the commercial corridor, this area will require complete screening of all outside materials. Mayor Pro Tern Byboth asked if this application could be done under Planned Development to insure the property stayed as approved. 011ie replied the applicant wished to stay with straight zoning rather than planned development because of the building materials the applicant wished to use. Planning Director 011ie suggested that if the Council wished, they could amend the zoning to require an SUP for all mini-warehousing in Light Industrial. Public Hearing Mayor Hogue opened the public hearing on Zoning Case #2011-05 at 6:36 p.m. asking anyone present wishing to speak to come forward and keep their comments to three minutes. No citizens were present wishing to address Council during the public hearing. Mayor Hogue closed the public hearing at 6:37 p.m. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to amend the zoning from Commercial Corridor (CC) to Light Industrial (LI), on 12.4 acres, generally located northeast of Centennial Drive and Eubanks Lane (ZC 2011-05). A vote was taken and the motion passed 6-0 with Councilman White absent. Minutes September 27, 2011 Wylie City Council Page 4 General Business 2. Consider, and act upon, approval of the Financial Management Policies. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed Council stating that the overriding goal of the Financial Management Policies is to enable the City to achieve a long-term stable and positive financial condition while conducting its operations consistent with the Council-Manager form of government established in the City Charter. The basis for the City's Financial Management Policies includes integrity, prudent stewardship, planning, accountability, and full disclosure. Bantz reported the policy included the recommendation from the bond rating agencies council to set the fund balance at 25%with 20% being a cause of concern. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilwoman Culver to approve the Financial Management Policies as presented. A vote was taken and the motion passed 6-0 with Councilman White absent. 3. Consider, and act upon, Resolution 2011-24(R) approving the current Investment 184 Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A—Authorized Investments for Governmental Entities. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed Council stating that the Texas Government Code requires that the governing body of an investing entity review its Investment Policy not less than annually. The governing body should adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the Investment Policy and that the written instrument so adopted shall record any changes made to the Investment Policy. The current Investment Policy was approved December 12, 2006. No changes are currently being made to it. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to approve the Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A-Authorized Investments for Governmental Entities. A vote was taken and the motion passed 6-0 with Councilman White absent. 4. Consider, and act upon, Resolution 2011-25(R) committing certain funds as required by Government Accounting Standards Board Statement No. 54. (L. Bantz, Finance Director) Minutes September 27, 2011 Wylie City Council Page 5 Staff Comments Finance Director Bantz addressed Council stating that generally accepted accounting principles that the City follows are regulated by the Government Accounting Standards Board (GASB). In 2009 GASB issued a new accounting standard for presentation of equity in the general purpose financial statements. It is required to be implemented during Fiscal Year 2010-11 for our City. GASB 54 provides the Council the ability to formally commit certain revenue sources. It also requires the Council to delegate authority to certain City staff to assign revenue sources in certain funds. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to adopt Resolution No. 2011-25(R) committing certain funds as required by Government Accounting Standards Board Statement No. 54. A vote was taken and the motion passed 6-0 with Councilman White absent. 5. Consider, and act upon, the appointment of two committee members 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 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. Member terms per Ordinance No. 2005-55, establishing the committee, are concurrent with terms of office for Council members. Therefore Mayor Hogue and Councilman White's 2011 re-election requires those positions to be re-appointed or a new Council member to be appointed to the vacancies. Mayor Hogue reported the sub-committee, of which he is a member, holds quarterly meetings to discuss items affecting both entities. He reported that currently Councilwoman Spillyards serves as the chairman for the City. Councilman Goss commented that he had requested for some time to serve on this sub-committee. Mayor Hogue commented that he too would like to continue to serve. Mayor Pro Tern Byboth asked if anyone had contacted Councilman White to see if he wished to serve again. Mayor Hogue stated that he had not. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to appoint Mayor Hogue and Councilman Goss to serve on 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. A vote was taken and the motion passed 6-0 with Councilman White absent. READING OF ORDINANCES City Secretary Ehrlich read the caption to Ordinance No. 2011-21 into the official record. Minutes September 27, 2011 Wylie City Council Page 6 Mmewa WORK SESSION • Discuss the proposed childcare program for children ages 7-11 at the Wylie Recreation Center. (R. Diaz, Parks and Recreation Superintendant) Parks and Recreation Superintendant Diaz addressed Council presenting a proposal to create a childcare program for children ages 7-11. He reported the proposal includes an area for this age group with activities such as games and videos for the attendees to use. He reported the proposed times would be split into school year and summer with the school year times set at Monday-Thursday 4:00 — 9:00 p.m., Friday 4:30 — 7:30 p.m., and Saturday 9:00 a.m. — noon. Open schedule during the summer (June, July & August) included Monday-Thursday 7:00 a.m. — 11:30 a.m. and 4:00 p.m. — 9:00 p.m., Friday 7:00 a.m. — 11:30 a.m. and 4:30 p.m. — 7:30 p.m., and Saturday 9:00 a.m. — noon. He reported a fee of $5.00 would be charged to each member for a maximum of a two hour stay. He noted that children ages 7-11 could currently participate in open climb and open gym at no charge, and registered activities were also an option for parents; however, the childcare option would include direct supervision while parents participate in the Recreation Center. Diaz reported the costs to provide this childcare service would be $50,475 which included the purchase of equipment and games and the cost of staffing the program. Currently the proposed area is rented and total revenue from rentals from April to September of 2011 totaled $17,812.60. At the proposed $5.00 fee per day, the potential annual revenue based on five `` children per hour would be $32,000. Diaz reported currently there was no charge for daycare service of children under the age of 7 years, based on the business plan established prior to opening. Staff was recommending the $5.00 fee be charged to all members and day pass participants for the 7-11 age groups to recover some of the expense of the new program. Council members directed staff to look at charging the fee to all recreation club members with the exception of annual members and setting the program for Tuesday, Thursday and Saturday, beginning in January 2012 in order to allow those who have previously rented the area to be able to utilize it. Council also directed staff to come back to Council and report the usage after the first three months (March 2012) and again in June to see if the program is attracting enough attendees. • Consider issues surrounding the use of±19 acres owned by the City of Wylie for commercial purposes. (S. Satterwhite, WEDC Executive Director) Wylie Economic Development Corporation Executive Director Sam Satterwhite addressed Council stating that the WEDC board wished to start a dialog regarding property located on 544. The reason for the dialog over the next few months is to obtain direction from Council regarding the installation of a sewer line to serve the commercial property on the north side of 544 from Arby's to Sanden Boulevard and/or Muddy Creek. Satterwhite noted that the WEDC board felt the property would develop faster if the utilities were in place. Satterwhite explained that the 19 acres in tonight's discussion is part of the Wells Property. There has been some discussion about leaving this property for recreational purposes. He " explained that the property was purchased from the Wells family in three tracts: 19 acres facing 544, a 66 acre tract to the north and to the west of City Hall, and across FM 1378 is the 169 acre tract. Satterwhite explained that the original intent was to purchase the land at $6.2 million Minutes September 27, 2011 Wylie City Council Page 7 from the Wells family and finance through the Trust for Public Land. Council decided to purchase the land through the issuance of Certificates of Obligation in 2005. There were some misconceptions that by deed restriction, the land must be used for a public purpose. That however is not the case since the property was not financed through the Trust for Public Land. The only restrictions with the use of this land due to the purchase through Certificates of Obligation are that any uses not jeopardize the tax exempt status of the bonds. Satterwhite stated that it was the opinion of the WEDC board and him that the property would be better used for commercial property as the property was facing a six lane highway and would not be a good fit for a park or other recreational site for children. He explained however that it was a perfect site for a commercial tract. He stated that staff was waiting for an opinion from bond council as to the uses of the property within the CO's. He stated that any proceeds from the sale of the property for commercial use would be used to pay back the financed certificate obligations. Satterwhite noted three ways in which this property could be sold for commercial use: 1. Under the guidelines of Chapter 272 of the Local Government Code, sell the 19 acres through a sealed bid process which affords the opportunity for the Council to accept the highest bid or reject all bids for any reason whatsoever; and 2. Create a Reinvestment Zone to convey the property outside the requirements of Chapter 272, establishing Zone objectives most likely surrounding economic development objectives (i.e. minimum new valuation, minimum employment created, etc.); and 3. City of Wylie agrees to sell at less than fair market value under the terms of a Chapter 380 Agreement which would most likely involve an incentive package to the developer/end user. ..w.4, Satterwhite asked for direction from Council regarding the use of the 19 acre tract. Direction from Council was to explore the sale of the property for commercial use and to explore ways to connect the trails through the property to the Municipal Complex. • Presentation of Options to Hold the City of Wylie General Election pursuant to S.B. 100. (C. Ehrlich, City Secretary) City Secretary Ehrlich addressed Council explaining that at the August 23rd Council meeting, Council had requested that direction be tabled until some firm numbers came back from Collin County Elections Administrator regarding holding elections starting in May 2012 with the passage of Senate Bill 100 and keeping three year terms holding elections annually in May. Ehrlich reported that since that time Wylie Independent School District Board of Trustees had opted to move their elections to November in even numbered years only, and changing their terms from three to four years. This re-opened another option for the City to contract with Rockwall County who previously had indicated they could hold elections for the City but due to boundaries for WISD not being in Rockwall County were unable to conduct elections for the school district. Ehrlich reported the final numbers received from Rockwall County to hold the City elections in May using the same polling places and servicing all three counties for Wylie voters was $9,357. This contracting proposal had been accepted by the Rockwall County Commissioners. Collin County Elections Administrator Sharon Rowe had sent a letter advising that the numbers originally given to each jurisdiction for "worst case scenario" were still firm at this time. Rowe Minutes September 27, 2011 Wylie City Council Page 8 was also asking for a commitment from each jurisdictions as to their option for holding elections by October 1, 2011 and would send a memorandum of understanding to each jurisdiction once it was determined how many cities would still be opting for the May 2012 uniform election date. She also indicated that if the MOU was executed by each governmental body by November 16, 2011 the charge to purchase machines would be required at that time and if the entities were able to cancel their election in May 2012, due to un-opposed candidates, the cities would still be required to pay for and retain the machines. Ehrlich reported due to WISD deciding to opt for November elections, the cost estimate for CCEA had gone from $25,756 to $44,776 for the May 2012 election cycle. Ehrlich reported the services offered by each county administrator were the same with the only difference being the confirmed cost at this time; part of that difference was due to Rockwall County renting machines and handling some of the tabulation and centralized costs while Collin County purposed to purchase the machines and contract some of the costs of tabulation and centralized fees to an outside vendor. Direction from council was to bring a contract with Rockwall County Elections Administration to Council prior to the May 2012 election for consideration of approval. • Engineering Department Overview. (C. Holsted, City Engineer) Mayor Hogue announced, due to time restraints the Engineering Department Overview would be rescheduled for the October 25, 2011 regular meeting of the Wylie City Council. " °"" Mayor Hogue convened into executive session at 8:55 p.m. reading the exceptions to be discussed. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 Deliberation Regarding Real Property; Closed Meeting; Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters concerning real property. • Discussion regarding acquisition of Brown Street West ROW. §§ 551.071 Consultation with Attorney; A governmental body may not conduct a private consultation with its attorney ealc t:' ( �-.. (1) When the tal body die advice of its attorney (A)Pending"o ontem fated"i a Lion;or (B), settlCnfe t. f r (2) On a Flatter' whr di "o attorney to the governmental body under the Texas Discipt nary Rilites of Prpfessiontilit duct of the State Bar of Texas clearly conflicts with this chapter. ;1 f � " • Discussion w Attox a ing the purchase of land and an easement and Y� #}DM`b$'4 settlement of'`t$e Oa o. 0012792011 pending in County Court at Law No. 1 of Collins ' "" the case styled City of Wylie, Texas v. Melissa Johnson a/k/a Meliss7r In Minutes September 27, 2011 Wylie City Council Page 9 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into open session at 9:25 p.m. General Business 6. Consider, and act upon, approval of the purchase of land and an easement and settlement of the lawsuit in Cause No. 0012792011 pending in County Court at Law No. 1 of Collin County, Texas in the case styled City of Wylie, Texas v. Melissa Johnson a/k/a Melissa Ingram and to authorize the City Manager to take all actions and to execute all documents necessary to effectuate the same. Council Action A motion was made by Councilwoman Spillyards, seconded by Mayor Pro Tem Byboth to approve the purchase of land and an easement and settlement of the lawsuit in Cause No. 0012792011 pending in County Court at Law No. 1 of Collin County, Texas in the case styled City of Wylie, Texas v. Melissa Johnson a/k/a Melissa Ingram and to authorize the City Manager to take all actions and to execute all documents necessary to effectuate the same. A vote was taken and the motion passed 6-0 with Councilman White absent. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Goss, seconded by Councilman Jones to adjourn the meeting at 9:27 p.m. A vote was taken and the motion passed 6-0 with Councilman White absent. Eric Hogue, Mayor ATTEST: OF " 4 r Caro a Ehrlich,C' y ecretary �(' :i ��_ _ . �►�. Minutes September 27, 2011 Wylie City Council Page 10