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02-22-2005 (City Council) Minutes MINUTES Wylie City Council Tuesday, February 22, 2005—6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Eric Hogue, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, and Councilman J. C. Worley. Councilwoman Reta Allen was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager,Mindy Manson; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Interim Finance Director, Ron Hutchison; Police Chief, Jeff Butters; Fire Chief, Shan English; Library Director, Mignon Morse; Public Services Director, Mike Sferra; Public Information Officer,Mark Witter,and City Secretary,Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Scott Babb, Associate Pastor of the Murphy Road Baptist Church gave the invocation and Councilman Newsom led the Pledge of Allegiance. PROCLAMATIONS AND PRESENTATIONS • 4tn Six Weeks Star Students—"Trustworthiness" Mayor Mondy and Mayor Pro Tern Hogue presented Certificates to students nominated for the character trait of"Trustworthiness". • Lifesaver Award to David Leonard Captain Brian Ritter presented the"Lifesaver"award to David Leonard,who was joined by Tim Barrera,a co-worker at Extruders, whose life was saved by Mr. Leonard, by performing CPR when Barrera fell ill with a heart problem while performing his job. Joining Captain Ritter in the presentation was: Mayor Mondy, Mayor ProTem Hogue, Fire Chief English, EMS Officer Capt. Ballard, and members of the Wylie Fire Rescue personnel. • Local Hero Award to Jill Hamiter and Keitra Ellis EMS Officer Captain Robert Ballard presented the Local Hero award to WISD bus driver Jill Hamiter and assistant Keitra Ellis for their bravery involving an incident where the bus was hit by an automobile while stopped at the Railroad Crossing on FM 544 between Murphy Road and Heritage. Hamiter and Ellis evacuated the bus, taking the children out of harms way. Joining in the presentation was Mayor Mondy, Mayor ProTem Hogue, Councilman Worley and Fire Chief English. Minutes—February 22,2005 Wylie City Council Page 1 CITIZENS PARTICIPATION Mr. Matt Willis and Ms. Shannon Nolan representing the Wylie Baseball Association addressed Council asking Council to reconsider the recommendation to accept the bid of Jolly Trolley Sno-Cones of Texas (Item #4) to provide concession services at Community Park and Founders Park. Mr. Willis stated that he believed his organization could provide the concession services as well as assist with the maintenance of the fields and address some new safety issues,using some of the proceeds earned. 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. Approval of the Minutes from the regular City Council Meeting of February 8,2005. (C. Ehrlich, City Secretary) B. Consider and act upon approval of a donation in the amount of$1,000.00 from Wal-Mart to "Friends of the Library". (M.Morse,Library Director) C. Consider and act upon an Ordinance of the City of Wylie, Texas,establishing an incidental fee for postage for interlibrary loan materials that are not picked up by citizens. (M. Morse, Library Director) D. Consider and act upon authorizing the Mayor to execute an Access Easement Between the City and Harvest Real Estate Companies,L.L.C.for property located east of City Hall. (C. Hoisted, City Engineer) E. Consider and act upon a Settlement Agreement and Release between the City of Wylie and Michael Curtis. (R.Abernathy, City Attorney) Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent for the vote. INDIVIDUAL CONSIDERATION 1. Consider and act upon an amendment to the budget authorizing the City Manager to transfer funds in the amount of $16,500 for the lease of two modular office trailers. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that The City Charter,Article VII.,entitled,Municipal Finance,Section 4.(D)reads: "Transfer of Appropriations. At any time during the fiscal year,the city manager may transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. Upon written request by the city manager, the city council may, by budget amendments, transfer part or all of any unencumbered appropriation balance from one department, office or agency to another." In the 2004-2005 Annual Operating Minutes—February 22,2005 Wylie City Council Page 2 Budget, the City Council authorized$40,000 to expand the Police Department facility. The Department Plan was to construct additional office space using a portion of the current City Hall hallway. After considerable internal discussion, the City Administration is proposing a modification to the Police Department Plan, which was funded by the City Council. Specifically, we are proposing that the Police Department, in lieu of building into the City Hall hallway, renovate the area currently being used by the Building Department including the Public Service Director Office and cubicle area used by the City Engineer staff. In turn, we are proposing to lease two (2) modular office trailers to provide space for those displaced personnel. Council Action A motion was made by Mayor ProTem Hogue, seconded by Councilman Worley to approve the amendment to the 2004-2005 budget authorizing the City Manager to transfer funds in the amount of $16,500 for the lease of two modular office trailers. A vote was taken and passed 6-0 with Councilwoman Allen absent. 2. Consider authorizing the City Manager to enter into a lease agreement for two modular office trailers from Nortex Modular Space in the amount of$2,075 per month plus $4,800 for set up. (J.Holcomb Purchasing) Staff Comments City Manager Roath addressed Council stating that the City solicited and received proposals for two(2)modular office lease trailers,which were opened on February 9,2005. The following lease bids were received: Bidder Proposal --Nortex Modular Space $1,880 per month*,no charge for delivery and$4,800 set up --GE Modular Space $2,000 per month,$1,605 delivery and$7,053 set up --Ramtech Bldg. Systems $2,447.71 per month,$1,615 delivery and$5,992.50 set up --US Space Leasing $3,055 per month,$1,264 delivery and$5,771 set up --Comark Bldg. Systems $3,362 per month,$3,500 delivery and$13,475 set up. Mr. Roath explained that Nortex has offered an exterior fmish with stucco siding and mansard roof trim for an additional$195 per month and/or a total monthly cost of$2,075;which would better match our existing buildings than a wood facade that was originally bid. Staff recommends this additional cost,since it would improve the appearance of these proposed facilities. He stated that there would be some one time start up expenses due to lines for water and waste water needing to be run to the new facilities. Council Action A motion was made by Mayor ProTem Hogue, seconded by Councilman Worley to authorize the City Manager to enter into a lease agreement for two modular office trailers from Nortex Modular Space in the amount of$2,075 per month plus $4,800 for set up. A vote was taken and passed 6-0 with Councilwoman Allen absent. 3. Consider and act upon approval of the purchase of a new Quint fire apparatus for the City of Wylie Fire Department. (S.English,Fire Chief) Minutes—February 22,2005 Wylie City Council Page 3 Staff Discussion Fire Chief English addressed Council stating that the staff recommends approval for the purchase of the new quint apparatus and that the purchase be fmanced by public property finance contractual obligations for a period of seven years. Construction of the new quint will take approximately 1 year,(1-2006),at a cost of approximately$580,000.He explained that the purchase of the quint is to replace Booster 1,and allow the fire department to continue with current staffing and maintain the goals that have been set forth in the master plan. Council Discussion Councilman Worley asked how many changes have been made since the last quint was ordered. Chief English stated that they both would be somewhat the same in features and the way they are constructed. Mayor Mondy asked Chief English what the cost was for the first Quint ordered by the City. The Chief replied that the first quint was ordered in 1995 at a cost of approximately$425,000. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve the purchase of a new Quint fire apparatus for the City of Wylie Fire Department. A vote was taken and passed 6-0 with Councilwoman Allen absent. 4. Consider and act upon a Resolution approving a two-year contract with Jolly Trolley Sno- Cones of Texas to provide concession services at Community Park and Founders Park. (M. Sferra,Public Services Director and R.Diaz,Asst. Parks Superintendent) Staff Comments Public Services Director Sferra addressed Council stating that the City of Wylie has worked with concession vendors to provide concession services at Community and Founders Park for many years. He explained that the contract between the City and Lake Cities Girls Fastpitch Softball Association ended February 1, 2005. Lake Cities Girls Fastpitch Softball Association officials notified staff in early January 2005 that they would not seek to renew their contract. Staff has reviewed the submittals for concessionaire RFP submitted by Jolly Trolley Sno-Cones of Texas, Sunshine Concessions, and the Wylie Baseball Association. Mr. Sferra showed a power point presentation of the proposals and the manner in which they were reviewed by staff to make a final recommendation to Council.He stated that based on the point totals for each bidder,staff recommends approval of the contract with Jolly Trolley Sno-Cones of Texas. Council Discussion Mayor Mondy asked if any of the public comment information provided by Wylie Baseball Association earlier changed the point grading in any way. Mr. Sferra stated that it did not. Mayor Mondy then asked if the Wylie Baseball Association currently had insurance (for sale of food products). Mr. Sferra stated that they did not receive confirmation of insurance with the bid packet. Mr. Willis stated that he had been in contact with his insurance company and they were agreeable to provide insurance should they be the successful bidder. Mayor Pro Tem Hogue asked if Jolly Trolley would have paid staff. Mr. Sferra stated yes. Mr. Willis with the Wylie Baseball Association stated that they would have volunteers and some paid staff. Councilman Young asked where the 15% rebate to the City, proposed in the bid came from. Mr. Sferra stated that it came from the total sales less sales taxes. Parks supervisor Diaz explained that there were other avenues provided by the City for fund raising opportunities to non profit organizations. Vendor Comments Minutes—February 22,2005 Wylie City Council Page 4 Dale Hawkins representing Jolly Trolley Sno-Cones stated that his company had been working with the City for many years. He stated that he felt his company could continue to provide great service to the community and hoped that the decision Council made was based on the experience,qualifications and specifications pertained in the bid proposals. Councilman Young made a motion to deny the resolution approving the contract with Jolly Trolley Sno-Cones. With no second,Councilman Young withdrew his motion. Councilman Worley asked if the current bids were submitted with all criteria satisfied by one of the bidders, should Council move forward with approval. City Manager Roath stated that if the bid proposal met all requirements then there would be no reason to reject the bid. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to approve Resolution#2004- 15 (R)approving a two-year contract with Jolly Trolley Sno-Cones of Texas to provide concession services at Community Park and Founders Park. A vote was taken and passed 5-1 with Mayor Mondy, Mayor ProTem Hogue, Councilman Worley, Councilman Trout and Councilman Newsom voting for and Councilman Young voting against. Councilwoman Allen was absent. Mayor Mondv recessed into Executive Session at 7:05 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,et.seq.,Texas Government Code,to wit: Section 551.072. To deliberate the purchase,exchange,lease or value of real property generally located at: • Third and Oak Streets along S.H.78 Mayor Mondv reconvened into open session at 7:30 p.m. RECONVENE INTO OPEN SESSION Take any action as a result of Executive Session Council Action A motion was made by Mayor ProTem Hogue, seconded by Councilman Newsom to authorize City staff to negotiate with the property owner at Third and Oak along S.H. 78 for the purchase of the property. A vote was taken and passed 6-0 with Councilwoman Allen absent. Minutes—February 22,2005 Wylie City Council Page 5 Tabled from February 8,2005 5. Consider and act upon an Ordinance abandoning a portion of Third Street between Highway 78 and Oak Street. (M.Manson,Assistant City Manager). Tabled from February 8,2005 Council Action A motion was made by Councilman Young, seconded by Councilman Trout to remove Item #5 from the table.A vote was taken and passed 6-0 with Councilwoman Allen absent. No action was taken on Item #5. 6. Consider recommendations of the Planning and Zoning Commission concerning certain proposed revisions to the Comprehensive Plan and direct staff and Commission to call a public hearing to receive citizen comments. (C. Thompson,Planning and Zoning Director) Staff Summary Planning&Zoning Director Thompson addressed Council stating that the Council held a work session on February 8, 2005 to consider certain revisions to the Comprehensive Plan as recommended by the Planning and Zoning Commission. Council generally endorsed the recommended revisions, but requested additional information concerning the economic impact of the Plan's proposed land use patterns. He explained that an Analysis of Comparable Annual Tax Revenue has been completed for Council review. Planning and Zoning Commission voted on February 2 and February 15 to recommend certain revisions to the Comprehensive Plan. Council Discussion Mayor Mondy asked Mr. Thompson if the Council went forward with the proposed plan would that eliminate all retail on 1378 and Brown Street and on Redwood on the Lake. Mr. Thompson replied there are several locations that are currently zoned as retail that would be abandoned. Mayor Mondy then asked if this truly was the direction the City wanted to go. He stated that this would eliminate necessities that citizens would need for convenience.Mr.Thompson stated that the current plan was more pedestrian oriented than vehicular oriented. He stated that what the Commission was hearing from the citizens and Council was to go to a more vehicular oriented zoning with larger lots. Mayor Mondy stated that in past developments, most have been more vehicular than pedestrian with village retail non existent. Mayor Mondy stated that he believed that the Council should get public input regarding the retail but he personally believed that all of the retail should not go. Consensus of Council was to move forward with the public hearings to receive public input regarding the plan. Council Action A motion was made by Mayor ProTem Hogue, seconded by Councilman Worley to direct staff and Commission to begin the public hearing process to receive citizen comments pertaining to the recommendations of the Planning and Zoning Commission for certain proposed revisions to the Comprehensive Plan.A vote was taken and passed 6-0. Minutes—February 22,2005 Wylie City Council Page 6 READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read the caption to Ordinance#2005-09 into the official record. ADJOURNMENT With no further business before Council, the Mayor adjourned the meeting at 8:12 p.m. Consensus of Council was to adjourn. 1 iiii 1"iiMons , r $••9 '%►uuiiI,l,i,Fwy/'%•°%<.`*'s ATTEST: C cD Carole Ehrlich, ecretary '',/,'',I'E'f;�'�.P®\` Minutes—February 22,2005 Wylie City Council Page 7