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07-08-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, July 8, 2008 — 6:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Pro Tern Red Byboth called the meeting to order at 6:02 p.m. He reported that all council members were in attendance with the exception of Mayor Eric Hogue who was on vacation with his family. Council Members present were: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Mayor Eric Hogue was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Police Chief, John Duscio; Fire Chief, Randy Corbin; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Merrill Young gave the invocation. Girl Scout Troop 2409 led the Pledge of Allegiance. Girl Scouts in attendance were: Victoria Dockery, Gwen Murphy, and Brownie Scout Brooke Murphy. Scout Leader Amy Murphy was also in attendance. PRESENTATION • Presentation to Outgoing 2007-2008 Boards and Commission Members. (E. Hogue, Mayor) Mayor Pro Tem Byboth and Councilman Young presented outgoing Boards and Commission members with certificates of appreciation for their time and service to the City of Wylie Boards and Commissions. Those outgoing members included: Jim Griffin, Library Board; Diane Culver, Animal Advisory Board; Scott Ames, Planning and Zoning Board; Kathy Welp, Public Arts Advisory Board, and Lane LeBaron, Zoning Board of Adjustments. Minutes—July 8„ 2008 Wylie City Council Page 1 ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED AND REAPPOINTED BOARD AND COMMISSION MEMBERS • Administered by Judge Terry Douglas. Judge Terry Douglas administered the Oath of Office to newly appointed or re-appointed 2008- 2009 City of Wylie Boards and Commission members present. 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. No one was present to address Council during Citizens' 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 June 24, 2008 Regular Meeting and the July 1, 2008 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and place on tile, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of May 31, 2008. (S. Satterwhite, Executive Director, WEDC) C. Consider, and act upon, a Replat for American National Bank Addition #2, Block A, Lot 1. Subject property being generally located on the northwest corner of FM 544 and Westgate. (R. 011ie, Planning Director) Council Discussion Councilwoman Spillyards stated that in her comments presented at the last Council meeting by Mayor Hogue, under the solid waste work session, page 5, paragraph 1, the sentence should read "using any reimbursement revenue from recycling to "landscape" the medians, rather than "maintain" the medians. Council Action A motion was made by Councilman Porter, seconded by Councilman Young to approve the Consent Agenda with the one correction to the minutes. A vote was taken and passed 6-0 with Mayor Hogue absent. Minutes—July 8„ 2008 Wylie City Council Page 2 REGULAR AGENDA Mayor Pro Tern Byboth convened into Executive Session at 6:12 p.m. He announced that both Executive Sessions would be conducted at this time. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary rules of Professional Conduct of the State Bar of Texas conflicts with the Open Meetings Act regarding: • Issues relating to the adoption of new sign regulations. (M. Manson, City Manager) §§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 Mayor Pro Tem Byboth reconvened into Regular Session at 6:57 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. §§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 Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to authorize the City Manager to execute the memorandum of agreement and to purchase the Pickard property. A vote was taken and passed 6-0 with Mayor Hogue absent. REGULAR AGENDA Public Hearing Tabled item from June 10, 2008 1. (MOTION TO REMOVE FROM TABLE) Hold a Public Hearing, consider, and act upon, adopting new sign regulations, repealing Ordinance No. 2003-14 and repealing all conflicting ordinances. ZC2008-07 (R. 011ie, Planning Director) Minutes—July 8„ 2008 Wylie City Council Page 3 Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to remove Item #1 from the table and consider. A vote was taken and passed 6-0 with Mayor Hogue absent. Staff Comments Planning Director 011ie addressed Council stating that in an effort to create a consistent and concise sign ordinance, and ensure that proper and effective directions are portrayed to residents and visitors, and to prohibit the uncontrolled proliferation of signs Staff is recommending amendments to the current sign ordinance. These revisions will protect the safety and efficiency of the City's transportation network by reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians, obstacles, other vehicles, and traffic signs. Adopting the proposed revisions to the Sign Ordinance would provide a tool to eliminate clutter of bandit type signs in the public rights-of-way and have a more uniform design throughout the city. She reported that in 2002, at the direction of Council, the sign regulations were removed from the zoning ordinance and administered through the Building Inspections Department. Modifications were again adopted in 2003 to eliminate the use of pole signs throughout the city. The current ordinance prohibits signs within the public right-of-way unless a permit was received for the sign prior to July 1, 2001. The ordinance further states that any permit issued under the current ordinance shall expire on December 31, of the year it was issued, except that all permits issued after December 31, 2003 shall expire on July 1, 2004, and shall not be renewed. She reiterated that the current ordinance disallows all bandit signs in right-of-ways. She explained that the kiosk program would consist of signs that contain individual panels and an identification panel at the top of each kiosk sign that displays only the name and official logo of the city. At least one sign panel on each kiosk sign must provide directions to public facilities, information centers, and/or provide information about an upcoming city-sponsored event. In addition, kiosk signs shall include panels that are used to provide direction to subdivisions as a means for builders to advertise and maintain a 24/7 coverage. She reported that the program would generate a revenue stream for the City in that builders lease space from a qualified person or company (The Concessionaire) approved by Council through the execution of a concession contract. The concession contract would grant the company the right to design, erect, and maintain directional kiosk signs within the city. The Concessionaire shall provide, at no cost to the city, municipal directional kiosk sign panels, which will comprise up to 10% of all sign panels permitted, for uses of public purpose directional signage to municipal sites, and or events as designated by the city. All kiosk signs, individual panels, and locations must be approved by Council prior to installation. All unauthorized, illegally placed, and non-permitted signs placed in city rights-of-way may be removed by the city upon discovery and destroyed immediately. Public Hearing Mayor Pro Tern Byboth opened the public hearing at 6:59 p.m. asking anyone present wishing to address Council on this item to come forward and keep their comments to three minutes. Don Herzog representing Herzog Corporation, 800 East Campbell, Richardson, TX. addressed Council stating that he was speaking in favor of the new kiosk signs. He explained that his developments had several of the major builders constructing homes and they were all in favor of the kiosk signs. He reported that the signs made it easy to find and view prospective homes. He suggested that the City allow kiosk signs on private property adjacent to public right-of-way. Planning Director 011ie stated that the ordinance did allow kiosk signs on private property if the signage was approved by the property owner. Minutes—July 8„ 2008 Wylie City Council Page 4 With no one else wishing to address Council, Mayor Pro Tern Byboth closed the public hearing on Zoning Case 2008-07 at 7:04 p.m. " -,. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Zoning Case 2008-07 adopting new sign regulations, repealing Ordinance No. 2003-14 and repealing all conflicting ordinances. A vote was taken and passed 6-0 with Mayor Hogue absent. General Business 2. Consider, and act upon, Ordinance No. 2008-32 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $186,000, to pre-purchase metal shingles from Millennium Tiles for the new Library, City Hall, and Recreation Center projects; authorizing the City Manager to execute a Warehousing Agreement with Millennium Tiles to store the shingles for the City until they are needed on the Job Site. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the City of Wylie has received a proposal from Millennium Tiles that would allow the City to pre-purchase metal shingles that are needed on the new Library, City Hall, and Recreation Center projects at a substantial discount ($9.30/per tile vs. $12.60/per tile). In return, the City would be required to purchase the tiles up front. This represents a savings of$66,000. He explained that in reviewing the amount of tiles needed, it was found that the City needed more than originally thought. He reported that the original overstock was sold by the supplier to another customer; however, the supplier agreed to provide the needed stock at the originally discounted price and for the higher quantity needed. He reported that the supplier also agreed to store the stock for the City at no charge. Council Discussion Shane Colley presented samples of two different color variations for Council review. He reported that due to the need to produce the new material at the sale price, Council had a choice as to the color they desired. Councilman Young and Goss were in favor of the appropriation of funding but were not in favor of the material colors. Councilwoman Spillyards commented that the City had hired a firm with expertise in the materials they were recommending and suggested that the City stay with the recommendations as to color for the millennium tiles. Construction Manager Colley reported that the main item that needed approval tonight was the appropriation of funding to pre-purchase the tiles. He reported that the color could be considered as another agenda item in the future. He reiterated that the color presented was the recommended color by the architects from the beginning of the design process. Mayor Pro Tem Byboth commented that due to the posting of the item and the lack of posting for the consideration of color, it might be best to approve the appropriation only tonight and bring back the choices for color for another agenda item. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Ordinance No. 2008-32 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $186,000, to pre-purchase metal shingles from Millennium Tiles for the new Library, City Hall, and Recreation Center projects; authorizing the City Manager to execute a Warehousing Agreement with Millennium Tiles to store the shingles for the City until they are needed on the Job Site. A vote was taken and passed 6-0 with Mayor Hogue absent. Minutes—July 8„ 2008 Wylie City Council Page 5 3. Consider, and act upon, recommendations of appointment of a member to the NCTCOG Regional Transportation Council (RTC). (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that staff had received correspondence from the NCTCOG regarding the Regional Transportation Council (RTC) for the Dallas-Fort worth Metropolitan Area. The Council (RTC) is composed primarily of local elected officials, is the transportation policy body for the MPO. The RTC is responsible for direction and approval of the Regional Transportation Plan, the Transportation Improvement Program, the Congestion Management System, and the Unified Planning Work Program, and for satisfying and implementing federal and state laws and regulations pertaining to the regional transportation planning process. Membership on the RTC is either by direct membership or group representation. Currently John Murphy, Councilmember, City of Richardson has represented our member group (Cities of Richardson, Addison, Murphy, Sachse, and Wylie) since 1993. She reported that Mr. Murphy is agreeable to serving another term. Council Discussion Councilman Porter stated that as an executive board member of the North Central Texas Council of Governments, he currently serves with Mr. Murphy. He reported that Mr. Murphy was very knowledgeable in the area of regional transportation and had done a great job in representing the member cities in the past. He recommended the City of Wylie nominate Mr. Murphy to continue to serve on the RTC for the Dallas- Fort Worth Metropolitan Area. Council Action A motion was made by Councilman Porter, seconded by Councilman White to recommend the appointment of John Murphy (Councilman), City of Richardson, to serve as a member of the Regional Transportation Council (RTC) for the member cities of Richardson, Addison, Sachse, Murphy, and Wylie. A vote was taken and passed 6-0 with Mayor Hogue absent. 4. Consider, and act upon, Resolution No. 2008-25(R) accepting membership in the Cities Aggregation Power Project (CAPP), approving the CAPP Bylaws and Articles of Incorporation and appointing the Purchasing Agent as the City's representative. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the Cities Aggregation Power Project, Inc. (CAPP) was created in 2001 as a non-profit political subdivision corporation in response to the deregulation of the Texas electric market. CAPP is a cooperative buying group that pools the electric power requirements of member cities in order to negotiate lower, more stable rates through bulk purchasing. Aggregation is the legal term used to describe this cooperative group purchasing of electricity. CAPP membership is open to any political subdivision and the group currently has over 100 members, including most of the municipalities in North Central Texas. Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to approve Resolution No. 2008-25(R) accepting membership in the Cities Aggregation Power Project (CAPP), approving the CAPP Bylaws and Articles of Incorporation and appointing the Purchasing Agent as the City's representative. A vote was taken and passed 6-0 with Mayor Hogue absent. Minutes—July 8„ 2008 Wylie City Council Page 6 READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section I3-D. City Secretary Ehrlich read the caption to Ordinance No. 2008-32 into the official record. ADJOURNMENT With no further business before Council, Councilman Young made a motion to adjourn the meeting at 7:24 p.m. Consensus of Council was to adjourn. Eric Hogue, M ATTEST: Caro e Ehrlich, C' Secretary ., Y�r 0,P.\. Minutes—July 8„ 2008 Wylie City Council Page 7