11-10-2009 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, November 10, 2009 — 6:00 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 6:06 p.m. with the following Wylie City Council
members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman
Rick White, Councilman Goss and Councilman Carter Porter. Councilman Bennie Jones was
absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire
Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Police Chief,
John Duscio; Finance Director, Linda Vaughan; Public Services Director, Mike Sferra; City
Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Hogue gave the invocation and Brownie Troop 8925 led the Pledge of Allegiance.
Brownies present included: Emily Marengo, Abby Taylor, Maicee Barr, Olivia Scott, Haylee
Elmore, Lily Chaffin, Sadie Guevera, Lizzie Taylor, Junior Aide and Lauren Gudgeon. Troop
leaders present were: Melissa Marengo and Tina Parnham.
PRESENTATION
• Presentation of the "Star Tree" for the City of Wylie 2009 Reach for a Star
Program. (K. England, Streets Crew Leader/Council)
City employee Kevin England, representing Wylie Reach for a Star Program presented the 2009
"Star Tree." He reported that there were over 650 children that applied for the program this
year. He explained that the program assisted needy families requesting assistance for their
children for Christmas. Local businesses, schools, churches and citizens adopt the stars and
provide gifts for Christmas to those in need.
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City Council members choose stars for adoption to kick off the 2009 program. Mayor Hogue
invited all citizens and staff present to adopt a star from the tree.
• Presentation by the Citizen's Police Academy Alumni Association. (J. Duscio,
Police Chief)
Police Chief John Duscio and Mayor Hogue acknowledged Hartman Elementary as the winner
of the Citizen's Police Academy Alumni Associations' fund raiser to raise money to purchase
reflective gear for the WISD crossing guards. Birmingham, Dodd, Groves, and Harrison
Elementary also participated. Hartman raised $719.17 and was the winning school. The
winning school received their photo in the Wylie News along with members of the Police staff,
Police Academy Alumni and the mayor. Hartman Principal, Jennifer Speicher, and Student Body
Officers were present for the photo shoot.
• Presentation of the Battle of the Badges Trophy. (J. Duscio, Police Chief/R.
Corbin, Fire Chief)
Fire Chief Corbin explained that each year the Wylie Rotary Club sponsors a blood drive
through the police and fire departments. The two departments compete to see who can gather
the most blood donations. Chief Corbin passed the Battle of the Badges 2009 Trophy to Police
Chief John Duscio for the recent blood drive which garnered the Police Department one more
unit of blood then WFR.
• Presentation to Friends of Wylie Fire Rescue. (M. Hogue, Mayor/R. Corbin, Fire
Chief).
Mayor Hogue and Fire Chief Corbin made a presentation to the founding Board Members of the
"Friends of Wylie Fire Rescue", with the presentation of plaques in recognition for their service.
This non-profit group raised the money to provide the 100th Anniversary Banquet for WFR and
the community, and the provision of memorabilia for this historical year. The Board Members
present were President Wendell Daniel, Vice President Tommy Pulliam, and Secretary Ron
Robinson. Absent was Treasurer Anita Collins. Several WFR firefighters attended the
presentation, and all in attendance gave a round of applause to the Board.
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 under 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 of the October 27, 2009 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
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B. Consider, and act upon, a Preliminary Plat for WISD elementary School No. 10,
Block A, Lot 1 on 11.04 gross acres, generally located west FM 544 and north of Elm
„ . Drive extension. (R. 011ie, Planning Director)
C. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of September 30, 2009. (S. Satterwhite,
Executive Director, WEDC)
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to approve the
Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman
Jones absent.
REGULAR AGENDA
General Business
1. Consider, and act upon, Ordinance No. 2009-35 authorizing the annexation of a
0.189 mile segment of County Line Road between the Collin County Line and the
Rockwall County Line and a 0.284 mile segment between Elm Grove Road and
Wells Road. (R. 011ie, Planning Director)
Staff Comments
City Manager Manson addressed council stating that this annexation is at the request of Dallas County
and defined as orphan roads. Orphan Roads are all or part of a street or road-right-of-way which is
outside the incorporated limits of a municipality (or municipalities) and the incorporated area of the
municipality (or municipalities) abuts or extends into the right-of-way. These roadway segments have, in
effect, been "orphaned" by the abutting city (or cities) that they serve in that they have been left
unincorporated. The Dallas County Commissioner's office has since requested that the city consider
omitting the 0.284 mile portion of Pleasant Valley Road from the requested annexation. She reported that
the agenda report before council does omit Pleasant Valley Road from consideration should the council
wish to do so.
Council Action
A motion was made by Councilman White, seconded by Councilman Porter to approve
Ordinance No. 2009-35 authorizing the annexation of a 0.189 mile segment of County Line
Road between the Collin County Line and the Rockwall County Line. A vote was taken and the
motion passed 6-0 with Councilman Jones absent.
2. Consider, and act upon, awarding a professional services contract, in the amount of
$208,000, to Teague Nall and Perkins, Inc. for the design of Community Park
Improvements. (M. Sferra, Public Services Director)
Staff Comments
Public Services Director Sferra addressed Council stating that on April 28, 2009, the City Council chose
Teague Nall and Perkins, Inc. as the design firm for the Community Park Improvement project. Upon
Council's selection, City staff began the negotiation process for a contract. As part of the process, City
staff and the consultant worked cooperatively to develop a contract for professional services and a
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preliminary project schedule. The City Attorney participated in developing and reviewing the professional
services agreement. To assure that the public and City Council have ample opportunity to contribute
ideas to the design process, the Scope of Services includes an initial meeting with stakeholders, athletic
associations, City Council, and Park Board.
Sferra reported that from this input, the consultant will prepare up to three concept plans and present
them to the Park Board and City Council for additional comments before starting the actual design of
improvements. At this time, it is anticipated that construction can begin after the 2010 fall sports season
and be completed after the 2011 spring sports season. The consultant and staff will work closely with the
sports associations on scheduling the work to have as minimal an impact as possible on the use of the
facility. Staff will also coordinate the project scheduling with the construction of improvements occurring
at Founders Park.
Currently, Community Park is a 40-acre site containing four baseball fields, seven soccer fields, three
basketball courts, sand volleyball court, picnic pavilion, playground, hike and bike trail, concession stand,
etc. In November 2005, voters approved a $1.495 million dollar bond package to add additional parking,
new bleachers, new concession stand/restroom facilities, replace the hike and bike trail, sod and irrigate
the infields, and install improved lighting. The City has also received a grant award from Collin County in
the amount of$267,500 for the trail construction and a restroom facility for the soccer/football area.
Council Discussion
Councilman Goss stated that he had some concerns regarding no consulting contingency for
performance within the proposed contract, such as required for onsite construction managers. He asked if
the item could be added tonight or could be tabled to allow time for further discussion. City Manager
Manson reported that have been some problems within engineering for Founder's Park project. She
explained that contingency was usually built in at the construction level but noted there was no
contingency built into the engineering contract for this project. She asked for direction as to a proposed
percentage for contingency. Councilman Goss stated that 2% of the 11% of the total project cost, for the
design be set aside for performance.
Mayor Hogue asked if the item was tabled would the construction dates be changed if approval was
postponed to a future meeting. He noted his concern with keeping the project on time and moving
forward. Public Services Director Sferra stated that the construction and design of this project was time
sensitive and certain phases would need to be completed timely. City Manager Manson stated that the
contract would need to go back to the attorneys for language changes prior to bringing it back to council
for approval.
Mark Holliday, representing Teague Null Perkins, addressed council stating that one solution to this from
a time sensitive standpoint would be to approve the first phase of the contract which includes the
conceptual design, planning stage and possibly the survey phase. He explained that this would set the
project in motion and assist staff and council to collectively decide what design improvements this park
project will include. He noted that 10% of the total cost within the current contract is set aside to final
completion of the project. He explained if the first phase was approved tonight and was completed, a
new contract for the remainder of the services including revisions could be presented at a future council
meeting which would be sometime after the first of the year.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve
Items A & B of Exhibit B, at a cost not to exceed $52,500 to Teague Nail and Perkins, Inc. for
the design for the Community Park Improvements. A vote was taken and the motion passed 6-0
with Councilman Jones absent.
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3. Consider, and act upon, approval of a contract with Geo Marine Incorporated for
the completion of Antiquities Permit #5296 for the construction of FM 1378 from
FM 544 to Brown Street. (C. Holsted, City Engineer)
Staff Comments
City Engineer Holsted addressed council stating that in 1999 Collin County funded the design of FM 1378
from FM 544 to Brown Street. The roadway was owned by the Texas Department of Transportation
(TxDOT) and included some funding through the Federal Highway Administration and during the design
process, environmental studies were completed which identified a historically significant site. TxDOT did
not have sufficient funding for the construction of the project and as a result the City and County secured
funding through the Regional Toll Revenue Funding Initiative. In January 2009 TxDOT released
ownership of the roadway to the City of Wylie which accelerates the construction process and results in a
lower construction cost.
He reported that a cultural resource survey was completed in 2005 by PBS&J within the future right of
way of FM 1378 at the Muddy Creek crossing. Additional testing was performed in 2006, 2007, and 2009
by Geo-Marine, Inc. (GMI). Prehistoric artifacts were found at the site dating back to between A.D 1000—
1200 and the site has been recommended for inclusion in the National Register of Historic Places.
Because the roadway is no longer owned by TxDOT, the Antiquities Permit associated with the site must
be transferred to the City of Wylie and the loss of the site must be mitigate through additional data
recovery efforts.
The proposal from GMI includes the transfer of the responsibility for the Antiquities Permit, completion of
excavation, report generation, curation of materials, and public outreach. The public outreach component
includes the development of an exhibit to be displayed at City Hall as well as presentations at Wylie High
School. He reported that the field excavation will be completed within 45 days after a notice to proceed
and the completion of the final report and public outreach will be completed within a year. The paving
project can be constructed once the excavation is complete. Total cost to complete the permit is
$247,926.27.
Council Action
A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to approve a
contract with Geo Marine Incorporated for the completion of Antiquities Permit #5296 for the
construction of FM 1378 from FM 544 to Brown Street. A vote was taken and the motion passed
6-0 with Councilman Jones absent.
4. Consider, and act upon, Resolution No. 2009-32(R) casting a vote for a candidate to
the Board of Directors of the Dallas Central Appraisal District for a two year term
beginning January 1,2010. (C. Ehrlich, City Secretary)
Staff Comments
City Secretary Ehrlich addressed council stating that the Property Tax Code requires that the Chief
Appraiser conduct an election for the purpose of selecting representatives to the Board of Directors of the
Dallas Central Appraisal District every two years. The Dallas Central Appraisal District has a five member
Board of Directors; one representing the County (Dallas County Tax Assessor Collector), a representative
appointed by the Dallas ISD, a representative appointed by the City of Dallas, a representative elected by
the suburban cities (31 cities), and a representative elected by the suburban ISDs (16 ISDs). The cities
of Desoto and Sachse City Council nominated Michael Hurtt as a candidate to the Board of Directors of
the Dallas Central Appraisal District. Per the 1979 resolution adopted by the taxing units participating in
01061.1. Dallas Central Appraisal District, Mr. Hurtt is required to receive a majority of the votes in order to be
elected to the Board of Directors.
Council Action
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A motion was made by Councilman White, seconded by Councilman Porter to approve
Resolution No. 2009-32(R) casting the City of Wylie vote for Michael Hurtt to the Board of
"."° Directors of the Dallas Central Appraisal District for a two year term beginning January 1, 2010.
A vote was taken and the motion passed 6-0 with Councilman Jones absent.
5. Consider, and act upon, Resolution No. 2009-33(R) casting votes for a candidate for
the Board of Directors of the Collin Central Appraisal District for a two year term
beginning January 1, 2010. (C. Ehrlich, City Secretary)
Staff Comments
City Secretary Ehrlich addressed council stating that the City of Wylie has 64 votes that they may cast for
a candidate to the Board of Directors of the Collin Central Appraisal District for a two year term beginning
January 1, 2010. The first step of the process was to nominate a candidate which was required by
October 15, 2009. The final step is to cast votes for the candidate(s) that were submitted to the Collin
Central Appraisal District. The City of Wylie has 64 votes that they may cast for a candidate to the Board
of Directors of the Collin Central Appraisal District.
Council Action
A motion was made by Councilman Porter, seconded by Goss approving Resolution No. 2009-
33(R) casting all 64 votes to Steve Wright to the Collin County Central Appraisal District Board
of Directors for a two year term beginning January 1, 2010. A vote was taken and the motion
passed 6-0 with Councilman Jones absent.
6. Consider, and act upon, authorizing staff to schedule the events and performers for
the City of Wylie 2010 Summer Concert Series. (R. Diaz, Recreation Superintendent)
Staff Comments
Recreation Superintendent Diaz addressed council stating that the approved FY 2009-10 City Council
budget contains $37,000.00 for the summer concert series. Staff has attached a proposal containing
three options for the summer concert series based on budget amounts of $35,000.00, $30,000.00, and
$25,000.00. Within these budget options are proposed schedules for the events and budget amounts for
each event. Recreation Superintendent Diaz asked for direction and/or approval from council regarding
the options.
Council Discussion
Mayor Hogue asked staff if funding needed to be set aside for the grand opening of the new Municipal
Complex. City Manager Manson stated that the funding consideration for the new buildings would be in
the next budget year. Mayor Pro Tem Byboth stated that in his opinion there were many music venues
for the Dallas area; he would like to see the continuation of the fireworks and July Jubilee Street Dance,
with some expansion of the street dance, making it more of a regional event. He noted that less money
would be spent overall if these events were kept in lieu of the summer concert series. Councilman White
stated that he would like to see a bigger fireworks event. Mayor Pro Tern Byboth noted that if after
planning the fireworks and July Jubilee Street Dance, there was funding left, summer concerts and/or
movie series could be added. He noted that he felt the overall costs should not exceed $30,000.
Mayor Hogue asked if the item should be tabled to allow staff time to come back to council with
additional options. Recreation Superintendent Diaz stated that booking the events needed to be timely to
be able to secure good performers. He noted that if council wished to table the item to December and
the revised item could be finalized by December 8th, it would work within the timeline.
Council Action
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A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to table Item
#6 to the December 8, 2009 regular city council meeting to allow staff time to propose additional
options based on direction from council. A vote was taken and the motion passed 6-0 with
Councilman Jones absent.
READING OF ORDINANCE
Title and caption approved by Council as required by Wylie City Charter, Article 111, Section 13-D.
City Secretary Ehrlich read the ordinance captions to Ordinance No. 2009-35 into the official
record.
Mayor Hogue convened into work session at 7:55 p.m.
WORK SESSION
• Review and discussion regarding improvements to Stone Road. (C. Holsted, City
Engineer)
City Engineer Hoisted addressed council stating that in July 2009 an engineering contract was
awarded to CP&Y for the design of Stone Road from Akin Lane to W.A. Allen Blvd. The project
was funded in the 2005 City of Wylie Bond Program. He explained that the consultant has
prepared a preliminary alignment of the roadway. Also, four alternatives for the Stone/WA Allen
intersection have been developed and direction is needed on which option to proceed with for
final design. Mr. Hoisted reviewed the four options with council.
Direction from council was to further review Option B for future consideration and possible
action.
• Presentation and discussion regarding possible energy efficient and conservation
block grant funding projects. (J. Butters, Assistant City Manager)
Assistant City Manager Butters addressed council stating that there was an opportunity to apply
for an Energy Efficient and Conservation Block Grant. He reported that in order to apply the city
must address the energy efficiency program they wish to apply for within this grant. He
explained that there were two energy conservation programs staff was recommending and
needed direction from council regarding which program to pursue.
Option #1 was an Opportunity Assessment (through Oncor Government Facilities Program) to
replace HVAC for Fire Station 1 & 2 and the existing library.
Options#2 was to install solar electric (Meridian Solar, Inc.) in the City of Wylie's new Municipal
Complex.
Direction from council was to further investigate the possibilities of block funding for a solar
electric system for the new municipal complex to be brought back to council for consideration
and possible action.
Mayor Hogue reconvened into Regular Session at 8:30 p.m.
RECONVENE INTO REGULAR SESSION
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Take any action as a result from Work Session.
Mayor Hogue convened into Executive Session reading the exception below into the official
record at 8:30 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
§§ 551.087 Deliberation Regarding Economic Development Negotiations; Closed Meeting
• Presentation surrounding Project Phoenix
Mayor Hogue reconvened into Regular Session at 9:15 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
No action was taken as a result of Executive Session.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
Porter, seconded by Councilman White to adjourn the meeting at 9:15 p.m. Consensus of the
council was to adjourn.
Eric Hogue, Mayor
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Wylie City Council
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