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02-26-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, February 26, 2008 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards (arrived at 6:05 p.m.), Councilman David Goss, Councilman Merrill Young and Councilman Carter Porter. Councilman Rick White was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; Police Chief, John Duscio; Fire Chief, Randy Corbin; Human Resource Manager, Lynn Fagerstrom; Construction Manager, Shane Colley; Wylie Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Senior Pastor Kris Segrest of the First Baptist Church of Wylie gave the invocation and Boy Scout Troop #442 led the Pledge of Allegiance. Those in attendance for the pledge were: Gavin Fishencord, Cameron McClure, Matthew Savage, Matthew Shinn, Dalton Maples, Max Montiel, Steaphan Deweese, Ben Lawrence, and adult leader David Savage. 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 were no citizens present to address Council during Citizens Comments. Minutes— February 26, 2008 Wylie City Council Page 1 ffi CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the February 12, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2008-09 approving a Specific Use Permit (SUP) for Auto Repair, Major Use on one lot on 0.648 acres (Regency Business Park Phase 1, Block B, Lot 1) generally located east of Regency Drive and south of Steel Road (101 Regency Drive) Zoning Case 2008-01. ZC 2008-01 (R. 011ie, Planning Director) C. Consider, and act upon, Resolution No. 2008-08(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to FM 1378. (C. Holsted, City Engineer) D. Consider, and act upon, Resolution No. 2008-09(R) authorizing the City Manager to enter into an Interlocal Agreement between the City of Wylie and North Central Texas Council of Governments for a Purchasing Agreement with The Dallas Morning News for a 12 month period for the purpose of classified advertising. (L. Fagerstrom, Human Resources Manager) E. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the City of Wylie as of January 31, 2008. (L. Williamson, Finance Director) F. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2008. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Councilwoman Spillyards and Councilman White absent. REGULAR AGENDA General Business 1. Review, and place on file, the Wylie Police Department 2007 Annual Traffic Contact Report. (J. Duscio, Police Chief) Minutes— February 26, 2008 Wylie City Council Page 2 Staff Comments Police Chief Duscio addressed Council stating that Texas Senate Bill (SB 1074) requires police departments to collect traffic-related contact data and to report the contact data to their governing body every year, no later then March of the following year. He reported that the 2007 Wylie Police Department Annual Traffic Contact Report meets and exceeds all requirements of SB 1074. Mayor Mondy asked Chief Duscio what was being put in place regarding the suggestions for an independent search analysis and assessing data integrity for consistency referenced in the report. Chief Duscio reported that ICS had been contacted and they are insuring that all data is verified. The department is also insuring that all data collected has verifiable integrity. He stated that the department is insuring that officers complete all data when making a stop and that data has integrity. Mayor Mondy asked about the racial profiling training that was required by the state and asked if all police officers were following the training objectives required in section 1.0 and following. Chief Duscio reported that part of the academy training was to fulfill the training requirements. Mayor Mondy asked how often the officers had to revisit the training. Chief Duscio replied that the training included 80 hours in a 24 month training cycle of which racial profiling is included. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to accept and place on file the Wylie Police Department 2007 Annual Traffic Contact Report. A vote was taken and passed 6-0 with Councilman White absent. 2. Consider, and act upon, approval of a request from First Baptist Church of Wylie for Abandonment of that portion of Right-of-Way described as a 70 ft. ROW of Marble Street consisting of 0.7473 acres, a 70 ft. ROW of First Street consisting of 0.4821 acres, and an 80 ft. ROW of Second Street consisting of 0.1877 acres. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant, First Baptist Church of Wylie is requesting that the City of Wylie abandon portions of Marble Street, First Street, and Second Street to allow expansion of their current facility located at 100 North First Street. The portions of streets are currently being used as public streets. The First Baptist Church is the sole property owner of all properties adjacent to subject public rights-of-way. She explained that City Ordinance No. 07-21 as adopted by Council July 10, 2007 requires that an abutting property owner of the right-of-way initiate a request to the Planning Department by completing all required documents of the Abandonment of Public ROW/Easement Application. Included with the required documents, must be a certified appraisal of the value of the land to be abandoned and a certified check to the City for the amount of the Appraisal. The applicant acquired the services of Fuller Appraisals to conduct an appraisal of the property and establish its fair market value. The cost of this appraisal was paid for by the applicant. She reported that the appraisal indicates that the fair market value of the property is established at one dollar and eighty cents ($1.80) per square foot. All three land parcels total 1.42 acres or 61,724 square feet. The total fair market value of the ROW of First, Marble and Second Street would be $111,103.20. This figure was rounded to a final overall value of$111,000.00. Planning Director 011ie explained that the appraisal contains comparable properties on which to base the appraised value. The subject property is valued as vacant land tract only, devoid of any improvements, although presently the land area is improved with street paving, curb and gutters, and utilities. Thus the Cost and Income approaches to value were not applicable for this study. She noted that Staff has reviewed the request and determined that the ROW contains no utilities other than a 14" water line that runs east and west along Marble Street. Public utility companies using or entitled to use portions of the public right-of-way/utility easement have consented to the abandonment. She reported that right-of-way abandonment requires only Council action and no review by any Board or Minutes—February 26, 2008 Wylie City Council Page 3 Commission. However, before the right-of-way may be used for private purposes it must be incorporated into a plat or a re-plat approved by the Planning and Zoning Commission and City Council. Council Discussion Mayor Mondy asked Planning Director 011ie if staff agreed with the appraisal. Planning Director 011ie replied, staff did agree with the appraisal. Councilman Young asked Planning Director 011ie if the lots on the north side of Marble Street were residential. Planning Director 011ie replied it was residentially zoned but was church property. Councilman Young asked if Lot 1 was also parking. Planning Director 011ie replied that it is church property. Councilman Goss asked if the 14" waterline was part of the abandonment. Planning Director 011ie replied that there is a 14" waterline easement. The easement runs on the north side of Marble. If the applicant wished to build a structure over the easement, the line would have to be relocated to another area. Mr. Todd Winters, engineer, representing the applicant for the Right-Of-Way Abandonment addressed Council stating that the applicant (First Baptist Church) is aware of the 14 inch water line easement along Marble Street and have met with City Engineer Hoisted regarding this issue. Mr. Winters explained that the applicant is also aware that they are responsible for costs associated with the relocation of the 14" water line should they wish to build a structure in that location. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Porter to approve a request from First Baptist Church of Wylie for Abandonment of that portion of Right-of-Way described as a 70 foot ROW of Marble Street consisting of 0.7473 acres, a 70 foot ROW of First Street consisting of 0.4821 acres, and an 80 foot ROW of Second Street consisting of 0.1877 acres. A vote was taken and passed 6-0 with Councilman White absent. 3. Consider, and act upon, the acceptance of the resignation of John Onufreiczuk and the appointment of a new member to the Planning and Zoning Commission to fill the unexpired term of July 2006 to July 2008. (R. 011ie, Planning Director) Executive Summary John Onufreiczuk was appointed to the Planning and Zoning Commission in 2006. Mr. Onufreiczuk, who has served very faithfully on the Commission, has recently submitted his resignation from his appointment to the Planning and Zoning Commission effective February 6, 2008. Council Discussion Mayor Pro Tem Byboth stated that he had been involved with the interview process for Wylie Boards and Commissions last June and had met Mr. Willie Osborne, who is currently serving as an alternate to the Wylie Zoning Board of Adjustment. He reported that Mr. Osborne has been very active in the City and was a regular attendee of the City Council meetings, including almost all of the work session with the architects. He stated that he would like to recommend Mr. Willie Osborne to fill the unexpired term of Mr. Onufreiczuk. Councilman Porter concurred that he would also recommend Mr. Osborne. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to accept the resignation of John Onufreiczuk from the Wylie Planning and Zoning Commission and to appoint Willie Osborne to fill the unexpired term of July 2006 to July 2008. A vote was taken and passed 6-0 with Councilman White absent. Minutes—February 26, 2008 Wylie City Council Page 4 READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section I3-D. City Secretary Ehrlich read the Ordinance caption to Ordinance No. 2008-09 into the official record. ADJOURNMENT A motion was made by Councilman Porter, seconded by Councilman Young to adjourn the meeting at 6:16 p.m. Consensus of Council was to adjourn. Jo n M n , Mayor y`````ma , .F� ATTEST: N • • SEAL sos Ca le Ehrlich, ity ecretary Minutes— February 26, 2008 Wylie City Council Page 5