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05-13-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, May 13, 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, Councilman David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Councilwoman Kathy Spillyards was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Police Chief, John Duscio; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Construction Manager, Shane Colley; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tern Byboth gave the Invocation and Girl Scout Troop 9375 led the Pledge of Allegiance. Girl Scouts present were: Kadilyn Brik-Cockburn, Kaleigh Wakeman, Hannah Reid, Madison Wied, and Elizabeth Jarrett. Leaders present were: Joy Jarrett and Melanie Wied. PRESENTATIONS • Presentation to 5th Six Weeks Star Students —Character Trait of"Fairness". (J. Mondy, Mayor/Council) Mayor Mondy asked Mayor-Elect Eric Hogue to come forward and assist with the presentations. Mayor John Mondy, Mayor Pro-Tern Red Byboth and Mayor Elect Eric Hogue presented certificates to students from the WISD campuses showing the character trait of "Fairness". Students are nominated by their teachers and one student is chosen from each campus. Minutes—May 13, 2008 Wylie City Council Page 1 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. Mayor Mondy read a letter from the Department of the Army, Office of Commander, Recruiting Office, Dallas, Texas requesting that June 14, 2008 be recognized as United States Army Day in celebration of the 233rd Birthday of the establishment of the United States Army. Mayor Mondy read a proclamation proclaiming June 14, 2008 as United States Army Day in the City of Wylie. There was no one present to address Council during Citizen 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 from the April 22, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon a Replat creating two (2) commercial/retail lots for the Wylie Point Village Addition. Subject property being generally located on the southeast corner of S.H. 78 and Kreymer Lane. (R. 011ie, Planning Director) C. Consider, and act upon, Resolution No. 2008-13(R) authorizing the Mayor to execute an Interlocal Agreement with Rockwall County, Texas for Road Improvements to Troy Road and Vinson Road. (M. Sferra, Public Services Director) D. Consider, and act upon, Resolution No. 2008-14(R) authorizing the City Manager to enter into an Interlocal Agreement with the Region 4 Education Service Center for goods and services provided by The Cooperative Purchasing Network (TCPN). (J. Holcomb, Purchasing Manager) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of March 31, 2008. (S. Satterwhite, WEDC Executive Director) Council Action A motion was made by Councilman Young, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. Minutes—May 13, 2008 Wylie City Council Page 2 REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, a change in zoning from Community Corridor (CC) District to Planned Development-Commercial Corridor (PD-CC) for commercial/retail uses, located at 3483 FM 544. Zoning Case 2008-04 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant Greenway Investment Company is under contract to purchase the subject property and is seeking a change in zoning to allow for flexibility in parking requirements. The current CC zoning requires parking for retail uses at 1 space per 200 square feet of gross floor area; parking for a restaurant establishment is 1 space per every 3 seats under maximum seating arrangement. Standard planning practice for restaurants, when parking, is based on square footage at 1 space for every one hundred (100) square feet of gross floor area; general office or medical office use is 1 space for every 300 square feet of gross floor area and retail uses require 1 space for every 200 square feet of gross floor area. She explained that the PD as proposed, would allow for parking to be based on 5 spaces per 1,000 square feet (1:200) of gross floor area regardless of the use. The PD also restricts some land uses currently allowed under the CC District. Public Hearing Mayor Mondy opened the Public Hearing on Zoning Case 2008-04 at 6:18 p.m. asking anyone present wishing to address Council to come forward and keep their comments to three minutes. Zoning applicant Mark Hardaway, representing Greenway Investment Company, 2808 Fairmount, Dallas, Texas addressed Council stating he appreciated all the assistance he received from the Planning Department to insure this project was beneficial to the City of Wylie. He commented that he would solicit retail businesses to rent the properties as soon as possible and hoped to have a restaurant included in those prospective businesses. With no one else wishing to address Council, Mayor Mondy closed the Public Hearing at 6:20 p.m. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve Zoning Case No. 2008-04 with the following stipulations: Animal Boarding inside or outside prohibited, Automobile Rental prohibited, Contractor's Maintenance Yard prohibited, Restaurant with Drive-in or Drive-thru Service prohibited, and Restaurants shall occupy no more than 6,000 total square feet of the entire center. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. General Business 2. Consider, and act upon, acceptance and adoption of the City of Wylie Public Arts Guidelines Plan recommended by the Public Arts Advisory Board for the procedures for procurement of public art. (C. Ehrlich, City Secretary) Minutes—May 13, 2008 Wylie City Council Page 3 Staff Comments Public Arts Advisory Board staff liaison Carole Ehrlich addressed Council stating that on June 13, 2006, the City Council approved Ordinance No. 2006-37, establishing the City of Wylie Public Arts Program. The Ordinance authorized, among other things, the allocation of one percent of the City's Capital Improvement Program Project Costs for Public Art, established a method for calculating public art appropriations of capital projects; established a Public Art Project Account, and established the Public Arts Advisory Board. Ms. Ehrlich explained that Section 14 (h), Powers and Duties include: (h) the board shall advise and make recommendations to City Council pertaining to the execution of the public arts master plan or plan. Ms. Ehrlich reported that in the last several months, the Public Arts Advisory Board has met with Sharon Leeber, Art Consultant and President of Architectural Arts, Inc. to establish such guidelines. The board felt a need to provide guidelines in the form of a plan that would establish the procedures necessary for the procurement of art but would not limit the City to the placement of art through a full master plan but rather add art to the plan as it is acquired. The areas covered in the guidelines plan include: forms of visual art, building on community strengths, accountability and responsiveness to the community, roles and responsibilities (organizational chart), the creation of an artist registry, artist selection panels, community programs, gifts and loans of art work to include art shows and temporary displays of art, program administration and the agreement between an artist and the City. The guidelines are structured to comply with both Ordinance No's. 2006-37 and 2005-57, establishing a policy for donation acceptance. She reported that both staff and the City Attorneys office have reviewed and approved the Wylie Public Arts Guidelines Plan presented tonight. She noted that both art consultant Sharon Leeber and PAAB Chair Stewart Matthews are present tonight should you have any questions. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve and accept the adoption of the City of Wylie Public Arts Guidelines Plan recommended by the Public Arts Advisory Board for the procedures for procurement of public art. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. 3. Consider, and act upon, Ordinance No. 2008-23 prohibiting parking of a vehicle along the east and west side of FM 2514 (Ballard Avenue) from the intersection of FM 2514 and FM 3412 (Brown Street) to a point located 350' north of the intersection. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the volume of cars making a southbound to westbound turn at the Ballard Avenue and Brown Street intersection has increased over the last few years. Over 17,500 vehicles per day travel through the intersection as shown in Table 1 from a traffic signal warrant analysis recently complete at the intersection. Staff requested that the Texas Department of Transportation add a southbound right turn lane at the intersection. They have indicated that it can be added, however, parking must be restricted along Ballard to have sufficient room for the additional lane. Staff has contacted the adjacent property owners and they have no objection to the parking restrictions. Council Discussion Mayor Pro Tem Byboth asked if there was sufficient room to accommodate vehicles without additional right of way acquisition with the increased traffic and no parking ordinance. Mr. Holsted replied there was sufficient room. He reported that residents on the west side had some concern regarding vehicles hitting the mail boxes and stated that they plan to construct an additional two foot strip on the west side, that Minutes—May 13, 2008 Wylie City Council Page 4 would eliminate that concern. Councilman Young asked Mr. Hosted how many vehicles the turning lane would hold. City Engineer Hoisted replied that the space was approximately 200 feet and a single vehicle takes up 20 feet, thus the lane would hold ten cars. Mayor Mondy noted that staff should make sure to . contact the postal service with any route changes if warranted. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No 2008-23 prohibiting parking of a vehicle along the east and west side of FM 2514 (Ballard Avenue) from the intersection of FM 2514 and FM 3412 (Brown Street) to a point located 350' north of the intersection. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. 4. Consider, and act upon, award of a contract to Quality Excavation, Ltd. in the amount of$106,060.60 for the construction of Parking Improvements for Joel Scott Memorial Park and Lots 14 & 15, Block 1, Railroad Addition. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on April 2, 2008, Staff opened seven bids for parking improvements at Joel Scott Memorial Park and Lots 14 & 15 of the Railroad Addition. The improvements include the construction of a concrete drive aisle and nine parking spaces at Joel Scott Memorial Park. The Railroad Addition improvements located on Jackson Street include the construction of thirty-two parking spaces as shown on the attached construction plans. He reported that the low bid was from Quality Excavation, Ltd. in the amount of$106,060.60, and staff recommended award of the bid to Quality Excavation, Ltd. Councilman Goss asked Mr. Hoisted if the funding would be taken from the streets and alley funds. Mr. Hoisted replied that was correct, the funding needed for this project would come from the Parks Department and Streets and Alley funds. Additionally, $6,000 will come from the downtown parking improvements budget. Council Action A motion was made by Councilman Goss, seconded by Mayor Pro Tern Byboth to award a contract to Quality Excavation, Ltd. In the amount of$106,060.60 for the construction of parking improvements for Joel Scott Memorial Park and Lots 14 & 15, Block 1, Railroad Addition. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. 5. Consider, and act upon, Ordinance No. 2008-24 amending Chapter 114 (Utilities), Article II (Utility main extensions) of Wylie's Code of Ordinances; establishing the policy regarding the extension of sewer lines to property in the City's ETJ; providing for repealing; savings and severability clauses; and providing for an effective date of this ordinance. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the effect of the proposed amendment is to establish a policy that the City of Wylie does not provide sewer outside of our own City Limits. He explained that as Wylie's boundaries have grown the City has made application to the TCEQ to expand our Sewer CCN. If our application to TCEQ is granted there will be some areas where we have sewer CCN in our ETJ. Kerry Russell, our water rights attorney, has advised us to establish such a policy (in advance) in order to ensure that we cannot be compelled to provide sewer outside of the City limits. Councilman Young asked if the Council decide to make an exception to this rule for instance for retail. Minutes—May 13, 2008 Wylie City Council Page 5 City Manager Manson replied that development agreements between the City and retailer could be completed to allow exceptions to this policy. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Ordinance No. 2008-24 amending Chapter 114 (Utilities), Article II (Utility main extensions) of Wylie's Code of Ordinances; establishing the policy regarding the extension of sewer lines to property in the City's ETJ. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. 6. Consider, and place on file, the Wylie Economic Development Corporation Annual Report. (S. Satterwhite, WEDC Executive Director) Staff Comments WEDC Executive Director Satterwhite addressed Council stating that as per the WEDC By-laws, each year the WEDC must present to the Wylie City Council its Annual Report. He reported that for the seventh consecutive calendar year, and ten out of the last eleven, WEDC sales tax receipts have increased over prior year figures. Up 8.1%over FY 2006,-2007, sales tax receipts reached $1,188,149. Mr. Satterwhite stated that in 2007, the WEDC added to its redevelopment focus, by adding properties to two key areas: Industrial Court and Cooper Drive. On Industrial Court, the WEDC purchased a 0.31 acre tract and on Cooper Drive, a 0.372 acre tract. He noted that WEDC now owns four properties on Industrial Court(1.5 acres) and four properties on Cooper Drive(1.803 acres). He addressed retail efforts, reporting that the City of Wylie and WEDC committed in excess of$12 million in public incentives to support the development of infrastructure surrounding Woodbridge Crossing. He commented that the ability of Wylie to attract in excess of 575,000 square feet of retail development is second only to the removal of the Kansas City Southern main line in terms of economic impact to the community. Mr. Satterwhite explained that great strides were made in promoting the reclamation of a 15 acre tract impacted by a land fill. Through a public-private partnership with Greenway Investment Company (in the form of a tax abatement and sales tax reimbursement agreement), an area near the intersection of Westgate Way and State Highway 78 can now be reclaimed and prepared for retail development. The WEDC also participated in infrastructure improvements which enhanced the ability of Shafer Properties to finalize negotiations with Starbucks. Some of the industrial efforts included: the WEDC completed the repaving of Martinez Lane. This half- million project provides enhanced access to the 25-acre industrial tract (Premier Plaza) owned by the WEDC. In December 2007 the WEDC initiated negotiation with a local company for the conveyance of 3.87 acres for the construction of a 60,000 light industrial facility. This $4 million project will be the centerpiece of Premier Plaza. Adding to the WEDC land inventory, a 3.2 acre parcel was purchased on Hensley Lane. With a maximum square footage of 55,000 square feet, this tract will not only provide expansion opportunities to adjacent businesses, it will also provide the WEDC with options to attract smaller users which may not fit into the Premier Plaza area. Other projects undertaken/completed in 2007 were a 7,500 square foot facility by Saw-Tech and the groundbreaking of the Garnet Hill Senior Skilled Living and Rehabilitation Center. Both projects will combine for an additional$8.2 million in new value. Council Action Minutes—May 13, 2008 Wylie City Council Page 6 A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to accept and place on file, the Wylie Economic Development Corporation Annual Report. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. 7. Consider, and act upon, the appointment of a board member to the North Texas Municipal Water District Board to fill an expired term of June 1, 2008 to May 31, 2010. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that the NTMWD's existing Board (18 member cities) is comprised of individuals who have worked to represent their communities in other capacities and who have a solid understanding of municipal concerns to share with other Directors. Historically, Directors have dedicated from 10 to 30 years of service to the Board, thereby gaining experience and contributing the necessary leadership. This provides the maximum benefit in order to assure the city's needs are met in the most effective manner. The City of Wylie has two board members on the NTMWD Board; Mr. Marvin Fuller whose term expires May 31, 2008 and Mr. Robert Thurmond Jr., whose term expires May 31, 2009. She reported that Mr. Fuller stated that he would be willing to serve another term. She explained, the City Council will need to make this appointment before the term expires May 31, 2008. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to re-appoint Marvin Fuller as a board member of the North Texas Municipal Water District Board to fill an expired term of June 1, 2008 to May 31, 2010. A vote was taken and passed 6-0 with Councilwoman Spillyards 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 caption to Ordinance Nos. 2008-23 and 2008-24 into the official record. Mayor Mondv convened into Executive Session at 6:35 p.m. citing the exceptions below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Purchase of Right-Of-Way for property generally located at McCreary Road and F.M. 544 Minutes—May 13, 2008 Wylie City Council Page 7 §§551.087 Deliberations regarding economic development negotiations between the City of Wylie,Wylie Economic Development Corporation, and the following: • Direct Development regarding infrastructure assistance Mayor Mondy reconvened into Open Session at 7:10 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. No action was taken as a result of Executive Session. PRESENTATION • Presentation of the Draft Recreation Center Enterprise Plan. (M. Sferra, Public Services Director/K. Ballard, Ballard-King and Associates) Consultant Ken Ballard, representing Ballard-King and Associates gave a presentation regarding the Recreation Center Enterprise Plan. He explained that the goals of the Enterprise Plan were to review the market area of the recreation center, review the components that would be in the new recreation center, i.e., fitness area, gymnasiums, meeting room spaces, and finally the operations of the center which included a draft budget and fee analysis. Mr. Ballard presented two options for proposed fees both for residents and non residents, to generate revenues. He also included costs associated in operating the center. The presentation also covered percentages of cost coverage for revenue versus expenditures. He cautioned that these were preliminary estimates and were very conservative. The Expenditure-Revenue Comparison was as follows: Option #1 covered 55% of the expenditures to run the center and Option #2 covered 68% of the expenditures to run the center. Fees were based on several variables such as age, residency, senior discounts and family discounts. ADJOURNMENT With no further business before City Council, Mayor John Mondy adjourned the meeting at 7:42 p.m. Consensus of Council was to adjourn. � ! ' 0 F '"``'`,�� John Mo dy, Mayor ATTEST: . """"• am 7.1 Ca e Ehrlich, ecretary '°� 4n1- 1,\‘ Minutes-May 13, 2008 Wylie City Council Page 8