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04-27-2004 (City Council) Minutes MINUTES Wylie City Council Tuesday, April 27, 2004 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor Mondy called the meeting to order at 6:04 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Randal Shinn, Councilman Merrill Young, and Councilman J. C.Worley. Staffs present were: Acting City Manager, Mindy Manson; City Engineer, Chris Hoisted; Interim Finance Director, Ron Hutchison; Planning &Zoning Director, Claude Thompson; Chief of Police, Jeff Butters;Public Information Officer,Mark Witter, and City Secretary, Carole Ehrlich. Mayor Pro Tern Hogue gave the invocation and Councilman Worley led the Pledge of Allegiance. >`l OC`LA MA 1~I.ONS 81R ThflO • Proclamation declaring the week of May 2-8,2004 as Municipal Clerks Week. Mayor Pro Tern Hogue presented City Secretary Carole Ehrlich and Administrative Assistant Aimee Nemer a proclamation depicting May 2'd — May 8th as "Municipal Clerks Week" in honor of all Municipal Clerks world wide. .. .:. . ..: . There was no one present to address council. A ,,..., ..: .:.... ;: : :.:�nns�dti�red.:t�:;)�:�res�:: :;o�:;�t.::»::;:; ,:»>«:>;: <> :<> der.::the:.�oz�se�t:;�k ..:: .; e.;::::::.;;;;;:.;:.;:;;:.;;:.;;;:::.::::: po :.;::; ;:.;: .::::.>:.;:.;:.:.. ,.;....;:.::.:.:.;�:.::;:,.;:....:.: .:...:..... .:: . c ion is:: arec > at ::.::::: .:.::::::....:. : ::..::.::.�:::: ..�:::.::...:.::..:::::::::::::.::::::::::::::.:;:.:::::::::::::: ::.::: ::, ii.::<.;::><.em,ove,, o<:. :..;: ;;: toy <::>:<>::::: ::::::::<;>::::><::::><::ii0::<:;;:::;::<;:;><:::;> item�lr�ll be>E�mnXecl:f`�rout t�tc::C�aseu�:c�g�da a�ad:::�vv�)::be�� �� : pa��..:.. . :.. ... A. Approval of the Minutes from the regular City Council Meeting of April 13, 2004. B. Consider and act upon a Final Plat for the American National Bank Addition No. 2, being all of a certain 1.730 acre tract of land, generally located west of Westgate Way and north of F.M. 544, said tract of land being comprised of two lots described in a deed to American National Bank, recorded in Volume 4497, Page 1611 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C.Davidson Survey,Abstract No. 266,City of Wvlie,.Collin County,Texas. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve the Consent Agenda as presented. A vote was taken and passed 7-0. Minutes—April 27,2004 Wylie City Council Page 1 1. Hold a Public Hearing and consider and act upon accepting the withdrawal of the application for a change in zoning_ from Community Retail (CR) to Planned Development (PD) for mixed commercial and light industrial uses, subject property being an un-platted site totaling 6.22 acres located at 901 and 903 W. Kirby Road, situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie,Collin County, Texas. (Zoning Case 2004-04) Staff Comments Planning and Zoning Director Claude Thompson addressed council stating that a Public Hearing was scheduled and advertised for consideration of a change in zoning from Community Retail(CR)to Planned Development(PD) for mixed commercial and light industrial uses for the facilities previously constructed for Carlisle manufacturing company. The proposal includes subdividing the property into two separate lots,one of which will be developed at a later date for as yet undetermined conunercial and retail uses similar to those developing in the vicinity.The other lot is proposed to be for light assembly and distribution of residential shutters. The applicant officially withdrew the application prior to the Planning and Zoning Meeting when the proposal was to be considered. Notification of the withdrawal was sent to all property owners within 200 feet of this request as required by State law. The Public Hearing is required even after withdrawal by the applicant to be in accordance with State law. Comments Mayor Mondy announced that the applicant had withdrawn his request for a zoning change(Zoning Case 2004-04) therefore no action would be taken on this matter other than the public hearing and subsequent withdrawal. Public Hearing Mayor Mondy opened the public hearing at 6:10 p.m. With no one present to speak,Mayor Mondy closed the public hearing at 6:10 p.m. Council Action Consensus of the council was to accept the applicant's withdrawal. 2. Consider and act upon Ordinance #2004-13 adopting amendments to City of Wylie Animal Control Ordinances. Staff Comments Police Chief Jeff Butters addressed council stating that the proposed ordinance will update and improve the ordinances affecting animal control. He explained that the five amendments include the definition of dangerous dog, the updating of the appeals process to be in accordance with State law, the addition of unprovoked attack on an animal to the penalty section, making it unlawful to slaughter, skin, or de-feather an animal within the City limits,and requiring compliance with the sterilization requirement set forth in the Texas Health and Safety Code. Council Discussion Councilman Trout asked if the first amendment changed the verbiage to dangerous dogs. Chief Butters stated that the reason for the change was not due to legislative change but to more clearly separate dangerous and vicious dogs which would allow the department to better handle all circumstance that could arise. Minutes—April 27,2004 Wylie City Council Page 2 Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Hogue to approve Ordinance #2004-13 adopting amendments to the Animal Control Ordinances. A vote was taken and passed 7-0. 3. Consider and act upon an appeal requested by Melanie Hancock representing Wal-Mart, in response to a variance denial made by the Construction Code Board. Staff Comments Building Official Johnny Bray addressed council stating that on March 25,2004 a variance regarding the maximum allowable area of a monument sign to be located at 2050 N. Highway 78 was requested by Melanie Hancock representing Wal-Mart. According to Section 8(A).1 of the Sign Regulations for the City of Wylie,the maximum size of a multiple tenant sign is limited to one hundred fifty square feet(150). The size of the proposed monument sign is two hundred square feet(200).The variance request was denied by the Construction Code Board.He stated that a written request to appeal the decision of the Construction Code Board was made by Melanie Hancock and was received on April 8, 2004. Sign Regulations require that three (3) of four (4) criteria be met in order to approve a request for variance. Council Discussion Mayor Mondy asked Mr. Bray to go over what the variance requirements currently are. Mr. Bray stated that the Construction Code Board shall determine that the request meets three(3)of the following four(4)criteria: a.The proposed sign shall not adversely impact the adjacent property (visibility, size,location,etc.); b. The proposed sign does not conflict with the spirit of this Ordinance, which is one of providing public safety, open space, and air, preservation, and enhancement of the appearance of the City and protection of property values; c.The variance is needed due to restricted area,shape,topography or physical features that are unique to the property on which the proposed sign would be located; d.The proposed sign is of a unique design or configuration. Mr. Bray went on to explain that the requested sign was in compliance with both a and b according to that criteria but the board felt that c and d did not. He explained that the non compliance pertained to location which did not meet any special requirements due to shape, topography or physical features and the proposed sign was not of a unique design or configuration. Mayor Mondy asked if there would be more development between the Municipal complex and Wal-Mart that would require another sign. Mayor Mondy then asked how many companies would be using the sign and how many could be accommodated in the 200 ft. sign. Mr.Bray stated that he did not know.Mayor Mondy asked if the applicant was present. Mr.Bray stated that they were not. Council Action A motion was made by Councilman Shinn, seconded by Mayor Pro Tem Hogue to table Item #3 until the May 11, 2004 Council Meeting to allow time for the applicant to be present to answer some of the council's concerns. A vote was taken and passed 7-0. Minutes—April 27,2004 Wylie City Council Page 3 4. Consider and act upon approval to increase delinquent tax collection fees from 15% to 20% passed by the State Legislature (H.B. 490) to the Texas Property Tax Code Sections 33.07 and 33.08 amended. Staff Comments Acting Finance Director Ron Hutchison addressed council stating that the delinquent tax collections are currently being handled for the City by the firm of Linebarger Goggan Blair&Sampson,LLP,(the firm),in association with Jackson Dillard Hager& Smith,LLP. The contract specifies in Section VI that the firm will be compensated at a rate of fifteen percent (15%) pf the amount collected of all delinquent taxes, penalty and interest of the years covered by the contract. The firm is requesting that the contract be amended to raise the rate to twenty percent (20%). The rate allowable to be charged for the collection of delinquent taxes is set by state law. The fifteen percent rate has been in effect for the past 24 years. He went on to explain that the allowable rate was increased to twenty percent in 2001. Since that time many taxing entities have increased the allowable rate. There is no financial impact to the city.The costs are paid by the delinquent taxpayer at the time of payment. Consultant/Council Discussion Tracy Ponders representing Linebarger Goggan Blair&Sampson,LLP was present to address council's questions. Several council members had questions as to what the percentage rate was for delinquent taxes collectioned over the past few years. Council also requested the dollar amount collected by Linebarger Goggan Blair& Sampson, LLP for the City of Wylie over the past few years. Other questions that arose were: what additional services was the law firm providing for the additional 5%collection fee and how much the additional fee would generate for the firm annually, if approved. Mr. Ponders stated that he could come back to council with that information. Acting City Manager Mindy Manson suggested that staff meet with representatives from Linebarger Goggan Blair & Sampson,LLP and obtain the information requested by council and report back. Council Action A motion was made by Councilman Young to approve the increase in delinquent tax collection fees from 15%to 20% passed by the State Legislature to the Texas Property Tax Code Sections 33.07 and 33.08,amended. The motion died for lack of a second. A motion was made by Councilman Trout, seconded by Mayor Pro Tem Hogue to table Item#4 to the May 11, 2004 Council Meeting so further information could be obtained and presented to council. A vote was taken and passed 6-1 with Councilman Young voting against. READINl O.li 1BAINANC TITLE & tWPT1 T .APPROVED EY U.NCIL AS RE [ B ;Nyi:n E C TY.; H:ARTER,AR' 'iCLE I , ECTIO 13».0 City Secretary Carole Ehrlich read the caption to Ordinance#2004-13 into the official record. Mayor Mondy recessed into Executive Session at 6:50 p.m. In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551. §551.074 Personnel Matters; Closed Meeting Minutes—April 27,2004 Wylie City Council Page 4 (a)This chapter does not require a governmental body to conduct an open meeting: (1) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee;or (2) to hear a complaint or charge against an officer or employee (b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing requests a public hearing. • Applicant Finalists Report from the Mercer Group for the City Manager position. Mayor Mondy reconvened into Open Session at 9:10 p.m. Take any action as a result of the Executive Session. There was no action taken as a result of Executive Session. With no further business before council,the meeting was adjourned at 9:10 p.m. n Mondy,May r . `` y O F w • ATTEST: = SEAL •_ �e3 LIE TEY•r lJJJtttittoo Ca le Ehrlich, ity Secretary Minutes—April 27,2004 Wylie City Council Page 5