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01-13-2009 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, January 13, 2009 —7:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 7:00 p.m. with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police Chief, John Duscio; Public Services Director, Mike Sferra; 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 Assistant City Manager Butters led the Pledge of Allegiance. PRESENTATIONS • Presentation overview of the Public Safety Communications System Assessment for the Cities of Plano,Allen, and Wylie. (R. Corbin, Fire Chief/RCC Consultant) Fire Chief Corbin addressed Council stating that Jim Barron representing RCC Communication and Ron Goldsmith representing the City of Plano were present to provide information regarding the first part of a study of public safety communications and the future of communications in the City of Wylie. He reported that it was no secret that the City of Wylie has been operating on a business radio system for police, fire and EMS for a long time. He reported that the City has outgrown its capabilities. The current system goes down during fires due to the hostile environment but the main concern is the inoperability of the system with our neighboring cities. He noted that both Chief Dusico, the Wylie Police Department and the Wylie Fire Rescue Department view this as a safety issue that has to be prioritized. Jim Barron representing RCC Communications and Ron Goldsmith representing the City of Plano provided information regarding the report submitted by RCC consultants. The report is an assessment of the two-way radio communication systems that serve the public safety departments and other entities that Minutes—January 13, 2009 Wylie City Council Page 1 operate within the cities of Plano, Allen, and Wylie. Mr. Barron explained that the report addressed the improvement of interoperable communications for the area, which results due to the implementation of a - new standards-based network. Mr. Goldsmith explained that RCC collected current information of the existing radio systems that serves the cities and conducted several on-site user interview sessions to determine the two-way radio requirements that must be met for any new or upgraded system that will serve the participating agencies of Plano, Allen, and Wylie. Mr. Barron explained that the City of Allen and the City of Plano would be owners in the system. The reason for ownership in the radio system is two fold. The City of Allen and Plano will be purchasing redundant"brains" to the system which would enable the system to work even in the event of a tornado damaging the system-of one of the owner cities. The price for this redundant system is $2,000,000 per city. The cities will share the redundant systems with all associate cities. In addition the cities bring their expertise in the field of radio communication and many years of experience. He explained that each associate member of the new proposed system would be responsible for the purchase and maintenance of the operational equipment needed to support their system. This equipment would be owned by each associate member. 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 citizens were 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 December 9, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) C. Consider, and act upon, Ordinance No. 2009-01 amending the zoning from Multi- Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. ZC 2008- 10 (R. 011ie, Planning Director) D. Consider, and act upon, Ordinance No. 2009-02 amending the zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC 2008-11 (R. 011ie, Planning Director) E. Consider, and act upon approval and final acceptance of the 12-inch water line along FM 1378 from Lakefield Drive to Brown Street and authorize final payment to Tri-Con Services Inc, in the amount of $8,262.47, and accept the project as complete. (C. Holsted, City Engineer) Minutes—January 13, 2009 Wylie City Council Page 2 F. Consider, and act upon, authorizing the City Manager to execute and award a 0.04 contract with Erecycler, LLC for recycling services related to Wylie's Cleanup Greenup residential electronic recycling program. (M. Sferra, Public Services Director) G. Consider, and act upon, a Replat for First Church of the Nazarene, Block A, Lot 1. Subject property located south of State Highway 78 and 1,530 feet east of Kreymer Lane. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Young, seconded by Councilman Porter to remove Items B, C, D and G from the Consent Agenda. A vote was taken and the motion passed 7-0. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve Consent Items A, E, and F. A vote was taken and the motion passed 7-0. REGULAR AGENDA B. Consider, and act upon, Resolution No. 2009-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and MOM further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) Council Discussion Councilman Young asked how staff could check the accuracy of the publication numbers obtained from the newspapers. He commented that the numbers for the Wylie News included Farmersville and other out of city areas but the Dallas Morning News did not. City Secretary Ehrlich reported that the numbers were based on the subscribers the individual newspapers served. She explained that the numbers for the Dallas Morning News were for the metro editions only and not the full Dallas Morning News. These metro editions serve Rockwall and Collin counties which were the target readers for the City. Councilman Young asked if the publications in the DMN zone editions came out in the larger Dallas Morning News. City Secretary Ehrlich replied that the publications at the costs presented would be for the zoned editions only with the exception of the display rates which were more expensive due to the only coverage option being the full DMN. Councilman Young asked if the Wylie News had grown at the same rate as the city has grown. City Secretary Ehrlich replied that she could not give percentages but based on the past two years, the subscription coverage had grown from 5,000 in 2007 to 6,465 in 2008. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tem Byboth to approve Resolution No. 2009-01(R) establishing the Wylie News as the "Official Newspaper" of general circulation and designating a secondary newspaper for notices requiring specific legal requirements. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tern Byboth, Councilman White, Councilman Porter and Council Goss voting for and Councilman Young voting against. Minutes—January 13, 2009 Wylie City Council Page 3 C. Consider, and act upon, Ordinance No. 2009-01 amending the zoning from Multi- Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. ZC 2008- 10 (R. 011ie, Planning Director) Council Discussion Councilman Young stated that he was speaking on Item C and Item D regarding the change in zoning. He noted that his concern was people bought housing in that area based on a residential neighborhood, not a light industrial neighborhood. Mayor Pro Tern Byboth noted that the reason for these zoning changes were to conform to the zoning ordinance for the existing tanks. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to approve Ordinance No. 2009-02 amending the zoning from Multi-Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. ZC 2008-10. A vote was taken and passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilman White, Councilman Porter and Council Young voting for and Councilman Goss voting against. D. Consider, and act upon, Ordinance No. 2009-02 amending the zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC 2008-11 (R. 011ie, Planning Director) Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve Ordinance No. 2009-02 amending the zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC 2008-11. A vote was taken and passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilman White, Councilman Porter and Council Young voting for and Councilman Goss voting against. G. Consider, and act upon, a Replat for First Church of the Nazarene, Block A, Lot 1. Subject property located south of State Highway 78 and 1,530 feet east of Kreymer Lane. (R. 011ie, Planning Director) Council Discussion Councilman Young voiced concern with this property being part of Wylie's Commercial Corridor and using the property as non-taxable property. Planning Director 011ie reported that this was the re-plat approval only however the applicant would have to conform to all architectural requirements of the zoning ordinance. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve a Replat for First Church of the Nazarene, Block A, Lot 1, subject property located south of State " ' Highway 78 and 1,530 feet east of Kreymer Lane. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tern Byboth, Councilman White, Councilman Porter and Council Goss voting for and Councilman Young voting against. Minutes—January 13, 2009 Wylie City Council Page 4 Public Hearings OVAIRIA 1. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity generating appliances. ZC 2008-12 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that in an effort to provide for alternative renewable energy, staff is proposing wind powered sources as a means of providing alternative energy sources to the residents within Wylie, and to allow safe, effective and efficient use of such systems. A wind turbine, as they are sometimes called, is a machine designed to convert kinetic energy in the wind to mechanical or electrical energy, for the primary purpose of on-site use and not for resale or transmission off-site. The proposed amendment would allow wind turbines in all districts based on specific regulations and would be classified as an accessory structure, meaning they may only be erected in an already existing primary use. She reported that the proposed text amendment would limit the height of such structures as well as clearly define the design and permitting requirements. Height requirements shall be no more than 60' within residential and commercial districts and 100' in industrial districts. The ordinance regulates the setbacks for windmills/turbines as at least 125%of the tower's height. Planning Director 011ie reported that the property owner would be required to have a valid permit to operate a wind powered system and must submit to the Building Inspection Department every other year from the date of original permit a letter prepared by a Professional Engineer registered in the State of Texas, stating that the wind powered system continues to meet current electrical and structural requirements as set forth in this Ordinance. An Abandonment Clause would require any owner's permitted wind turbine that becomes inoperable for six (6) months to be notified by the Code Enforcement Department that the owner has three (3) months from the notice date to restore or remove the system. Council Discussion Councilman Porter asked why solar was not addressed within the alternative energy wind turbine revisions. Planning Director 011ie explained that the operational and aesthetic issues regarding solar energy would need further research but should be brought to Council when completed. Councilman Young asked if smaller wind turbine units that affix to the roof could be addressed. Planning Director 011ie replied that as technology advances, the section could be amended to include other units. Councilman Goss had concerns with the 125% setback, stating that the lot would have to be at least 150 feet wide and deep. Planning Director 011ie reported this was included to protect structures in the event the unit fell. Councilman Goss asked what the con would be of using the structure rather than the property line. City Manager Manson replied that if you do not have the requirement from the property line, someone could build a unit on the property line and not allow for the setbacks. Public Hearing Mayor Hogue opened the public hearing for Zoning Case 2008-12 at 8:05 p.m. asking anyone present wishing to address Council on the item to come forward and keep their comments to three minutes. Eric Smith, residing in the Creekside Estates sub-division, addressed Council asking the Council to consider house mounted units that were now becoming available to homeowners. Minutes—January 13, 2009 Wylie City Council Page 5 Planning Director 011ie reported that if the unit was attached to the structure (roof) it would be like an antenna and would not fall under the requirement of this ordinance revision. With no other citizens wishing to address Council during the public hearing, Mayor Hogue closed the Public Hearing for Zoning Case 2008-12 at 8:06 p.m. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Young to amend Zoning Ordinance 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10-2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity generating appliances ZC 2008-12. A vote was taken and the motion passed 7-0. 2. Conduct a Public Hearing for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey,Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Ave. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that this annexation is at the request of the property owners, James Stephen Gee and Stacy Lynn Gee. The property is located south of Martin Drive and east of South Ballard Ave within the Extraterritorial Jurisdiction (ETJ) of Wylie. Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings in which persons interested in the annexation are given the opportunity to be heard. stern Public Hearing Mayor Hogue opened the public hearing for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Ave. at 8:09 p.m. asking anyone present wishing to address Council on the item to come forward and keep their comments to three minutes. No citizens were present wishing to address Council during this public hearing, Mayor Hogue closed the Public Hearing for Zoning Case 2008-12 at 8:09 p.m. No action was required on this item. The second public hearing will be heard January 27, 2009 and consideration of the annexation will be heard on February 10, 2009. General Business 3. Consider, and act upon,authorizing the City Manager to negotiate an agreement for Wylie's Public Safety Communications System, including the installation of infrastructure to support the system. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed Council stating that RCC collected current information of the existing radio systems that serve the cities of Plano, Allen, and Wylie. RCC conducted several on-site user interview sessions to determine the two-way radio requirements that must be met and any new or upgraded system Minutes—January 13, 2009 Wylie City Council Page 6 that will serve the participating agencies in Plano, Allen, and Wylie. RCC developed conceptual system alternatives for the replacement of the current systems. Council Discussion Fire Chief Corbin addressed Council stating that he believed that the Council had a pretty good overview of what was being requested. He explained that the study that had been presented tonight was paid for in part by Wylie so that Wylie's needs could be determined. He explained that part two of the process was to design the system. He noted that RCC needed to know whether Wylie was indeed interested in joining as an associate city. He noted that in the process of going out for RFP, the final governance and cost would be better managed by our consummate City Manager. Chief Corbin explained that this action simply authorizes the City Manager to negotiate; this project needs to have some closure and this will provide the accurate costs to install and operate the system and will allow the owner cities to go on with or without us with time deadlines. He explained that additional action will be required for final costs of the systems. City Manager Manson reported that the cost estimate was around $3.5 million but the hope was that the final costs would be much lower. The final costs could be funded over a longer period of time to make it a little easier to absorb within the city budgets. Councilman White stated that he had quite a few questions regarding the study and proposed system and sat down with Chief Corbin, Chief Duscio, Asst. Chief Flores and City Manager Manson to ask questions regarding the technical issues as they relate to the proposed system. He noted that a lot of the problems posed by the current system, the proposed new system will fix with regard to inoperability. He reported that there were only five agencies within the entire Dallas/Fort Worth area that the city would not be able to communicate with using the new system. Councilman White reiterated that the only item missing should the city decide to run the system alone would be the"brain"function of the system. Mayor Hogue stated that he had concerns with police and fire losing communication and the need for a system that would keep them communicating at all times. Councilman Young asked that within the final costs, the tower location be examined, noting that Wylie Dispatch may not always be at the same location. Mayor Pro Tem Byboth made a suggestion that the consultants look at the new TXU Distribution Center near the Municipal Complex. Council Action A motion was made by Councilman White, seconded by Councilman Porter to authorize the City Manager to negotiate an agreement for Wylie's Public Safety Communications System, including the installation of infrastructure to support the system. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, Ordinance No. 2009-03 establishing the maximum speed limits on FM1378 (Country Club) proceeding from FM 544 to FM 2514 (Parker Road), providing for notification of the maximum speed limit by the installation of signs and markers to regulate vehicular speed on the designated street; providing for a penalty for the violation of this ordinance; providing for an effective date and providing for the publication of the caption hereof. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the Texas Department of Transportation (TxDOT) released ownership and control of FM 1378 to the City of Wylie on October 30, 2008. In 2006, TxDOT completed a speed zone study which recommended the speed limit for some portions of the roadway be posted at 50 miles per hour. In response to the TxDOT study, Lee Engineering completed a study in October 2006 which recommended the speed limit be posted at 45 mph due to the lack of shoulders and high driveway density. Approval of the attached ordinance will establish the prima facie speed limit for FM 1378 at 45 mph. Wylie Public Works will have an expense of approximately $150 to post new signs Minutes—January 13, 2009 Wylie City Council Page 7 along FM 1378. He reported that construction should begin in May/June of 2009, depending on the timing of utility relocations. He noted that there was a possibility that additional funding could be procured - from the Council of Governments which received funding for road improvements from the national stimulus package. Council Action A motion was made by Councilman White, seconded by Councilman Young to approve Ordinance No. 2009-03 establishing the maximum speed limits on FM1378 (Country club) proceeding from FM 544 to FM 2514 (Parker Road), providing for notification of the maximum speed limit by the installation of signs and markers to regulate vehicular speed on the designated street; providing for a penalty for the violation of this ordinance; providing for an effective date and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, authorizing the Mayor to execute the Woodbridge Parkway/Hooper Road Paving Agreement between Woodbridge North I, Ltd., the Wylie Independent School District and the City of Wylie. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on July 10, 2007, Council approved an Interlocal Cooperation Agreement between the City and the Wylie Independent School District (WISD). The agreement specifies that WISD will construct Hensley Lane from Raymond Cooper Junior High School to the City of Wylie Public Service Center. After the execution of the agreement, it was brought to the City's ,...,, attention that the Real Estate Purchase Agreement executed between Woodbridge North I, Ltd. (WBNI) and WISD specifies that WISD is required to pay for the construction of two of the four lanes of the Hooper Road/Woodbridge Parkway improvements adjacent to the school site. This contract would release the parties from further financial responsibility. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to authorize the Mayor to execute the Woodbridge Parkway/Hooper Road Paving Agreement between Woodbridge North I, Ltd. the Wylie Independent School District and the City of Wylie. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and Herzog Development for reimbursement of the construction of a 12-inch water line. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on June 27, 2006 Council approved a development agreement with Herzog Development for the construction of an offsite 12-inch water line. The water line was necessary to loop the water system in the Woodbridge development with the City's system located in Alanis Drive. In August, 2004 the City received approval from TCEQ for the installation of a water line on the east side of the landfill which was necessary to provide water service to the first phase of the Woodbridge development. Because of the previous approval from TCEQ the new water line was designed to be located adjacent to the west property line of the closed landfill. The design was submitted to TCEQ for approval and due to recent rule changes, it was not possible to install the water line within the landfill boundary. Additional engineering fees were required to construct the line to TCEQ requirements. These fees have been included in this revised agreement. Minutes—January 13, 2009 Wylie City Council Page 8 Council Action A motion was made by Councilman Young, seconded by Councilman Porter to authorize the City Manager to execute a Development Agreement between the City of Wylie and Herzog Development for reimbursement of the construction of a 12-inch water line. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, award of a contract to 2L Construction LLC, in the amount of $183,211.00, for the construction of a 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on December 3, 2008, eight bids were opened for the construction of a 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. The water line extends from Anchor Drive along Spinnaker Way to Coral Reef Lane and provides additional water capacity to portions of Newport Harbor and Birmingham Farms. Power to the Newport Harbor Pump Station is currently provided by overhead power lines that run along the north side of the alley north of Anchor Drive as shown on the attached display. To provide sufficient working room to construct the future two million gallon ground storage tank, the electrical service must be relocated underground including a pad mounted transformer. 2L Construction LLC was the low bidder at$183,211. Staff is recommending the bid be awarded to them. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to award a contract to 2L Construction LLC, in the amount of$183,211.00, for the construction of a 12-inch water line along Spinnaker Way and the Newport Harbor Electrical Conduits. A vote was taken and the motion passed 7-0. 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 ordinance captions to Ordinance No. 2009-01, 2009-02 and 2009-03 into the official records. Mayor Hogue convened into Work Session at 8:30 p.m. WORK SESSION • Discussion on implementation of a sidewalk program through the Neighborhood A.C.T.I.O.N. Plan. (R. 011ie, Planning Director) Planning Director 011ie and Public Services Director Sferra presented a short work session regarding street repair. Planning Director 011ie reported that with the adoption and implementation of the City of Wylie's Accountable Communities Through Involvement of Neighborhoods (ACTION) program, staff recommends that the replacement and/or installation of city sidewalks target those neighborhoods that are part of this A.C.T.I.O.N. Plan. Staff held its first neighborhood meeting with the residents of the Bostic Addition, located along Third Street, Fourth Street, and Hilltop Lane bounded on the north by Butler Street and on the south by Park Street. Those residents/owners in attendance identified poor sidewalk Minutes—January 13, 2009 Wylie City Council Page 9 conditions as a major concern for this area. Staff is requesting that this neighborhood be the first to participate in the Neighborhood A.C.T.I.O.N. Plan sidewalk program. Planning Director 011ie explained that for sidewalks to be considered for this program, the subject sidewalks shall be located in the right-of-way and parallel to the street and must adhere to criteria set forth in the proposed program. Commercial sites are not eligible for participation. She explained that any home that is eligible and selected to participate in the program will incur no cost to the home owner. The source of funding will be the 1999 bond funds approved for sidewalk repairs and installation. There is approximately $392,000 of available funding in this bond series. Staff proposes that the City fund 100% of the improvements and forego requesting homeowner participation. The City of Wylie will provide a contractor to perform the necessary work. Public Services Director Sferra presented a material for use in lieu of concrete in areas that required tree removal. He explained that the material would allow installation with little work needed to the existing trees. The material would allow the tree to grow without shifting the sidewalk material and would be more cost effective than tree removal and concrete sidewalk installation. He explained that in areas where trees were not an issue, concrete would be used to repair/replace the existing sidewalks. Planning Director 011ie asked for direction regarding the materials and creation of the policy. She noted that if direction was given, the formal policy would be presented to Council for official adoption. Direction from Council was to move forward with an approach toward achieving goals of the Accountable Communities through Involvement of Neighborhoods (A.C.T.I.O.N) Program and implement a sidewalk replacement/installation criteria and process. Mayor Hogue reconvened into Regular Session at 9:00 p.m. RECONVENE INTO REGULAR SESSION eaMANS Take any action as a result from Work Session. EXECUTIVE SESSIONS Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Mayor Hogue convened into Executive Session at 9:05 p.m. citing exceptions: § 551.074 Personnel Matters; Closed Meeting and § 551.072 Deliberation Regarding Real Property. SS 551.074 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager SS 551.072 Deliberation Regarding Real Property • Discussion of the Twin Lakes sewer line easement compensation Mayor Hogue reconvened into Regular Session at 11:45 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to amend the City Manager's salary to a compensatory rate of$148,816.66 per annum and to amend the City Minutes—January 13, 2009 Wylie City Council Page 10 Manager's Retirement Program to $15,000 per year. A vote was taken and the motion passed 7-0. ADJOURNMENT With no further business before the Wylie City Council, Mayor Hogue adjourned the meeting at 11.47 p.m. Consensus of Council was to adjourn. ee Eric Hogue, Mayo / 4 OF Rips ATTEST: '{ig b111� Caro Ehrlich, C" ecretary '1.441 I;• •1887• aktiOfire°' Minutes—January 13, 2009 Wylie City Council Page 11