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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. Minutes November 10, 2009 Wylie City Council Page 1 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) Minutes November 10, 2009 Wylie City Council Page 2 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 Minutes November 10, 2009 Wylie City Council Page 3 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. Minutes November 10, 2009 Wylie City Council Page 4 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 Minutes November 10, 2009 Wylie City Council Page 5 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 Minutes November 10, 2009 Wylie City Council Page 6 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 Minutes November 10, 2009 Wylie City Council Page 7 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 4OF Tvp ATTEST: CPS %rlich & It3IEEE 1. afoir or TWO Minutes November 10, 2009 Wylie City Council Page 8