11-27-2007 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Special Called Meeting Agenda
November 27, 2007 — 6:00 pm
Wylie Municipal Complex— Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Mondy called the meeting to order at 6:03 p.m. Council Members present were: Mayor
Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman
Rick White, and Councilman Carter Porter. Councilman Merrill Young arrived at 6:30 p.m.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance
Director, Larry Williamson; Public Information Officer, Craig Kelly; City Secretary, Carole
Ehrlich, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Pro Tem Byboth gave the invocation and Councilman White led the Pledge of Allegiance.
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.
There were no citizens 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 November 13, 2007
Regular Meeting of the City Council. (C. Ehrlich, City Secretary)
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Wylie City Council
Special Called Meeting
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Council Action
A motion was made by Councilman White, seconded by Councilman Porter to approve the
Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Young
absent.
REGULAR AGENDA
General Business
1. Consider, and act upon, all matters incident and related to the issuance and sale of
$2,000,000 "City of Wylie, Texas, Combination Tax and Revenue Certificates of
Obligation, Series 2007B", including the adoption of an ordinance authorizing the
issuance of such Certificates of Obligation. (L. Williamson, Finance Director)
Staff Comments
Finance Director Williamson addressed Council stating that the new legislation this year requires a 30 day
period between the dates of the first publication to the date that City Council can take action. The first
publication was October 31, 2007; consequently Council can not take action on the item before
November 29, 2007. We are requesting this item be moved to the December 11, 2007 regular scheduled
City Council meeting.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to table
consideration of all matters incident and related to the issuance and sale of $2,000,000 "City of
Wylie, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007B",
including the adoption of an ordinance authorizing the issuance of such Certificates of
Obligation to the regular City Council meeting of December 11, 2007. A vote was taken and
passed 6-0 with Councilman Young absent.
2. Consider, and act upon, Ordinance No. 2007-40 amending Ordinance No. 2007-29
(2007-2008 Budget) and approving an appropriation of funds in the amount of
$94,100 for the purpose of hiring a Construction Manager to assist the City of Wylie
in managing the construction work on the Library, City Hall, and Recreation
Center and provide additional work as needed. (J. Butters, Assistant City Manager)
Staff Comments
Assistant City Manager Butters addressed Council stating that staff believes that it would be very
beneficial to the City of Wylie to hire a Construction Manager to assist the City in managing the
construction work on the Library, City Hall, and Recreation Center and provide additional work as needed.
He stated that RFP's had been advertised for a firm to perform the service as construction manager and it
was found that the cost was quite a bit more and only included 20 hours per week while the same
manager would be spending time on outside projects as well. He stated that interviews had been
conducted with candidates having many years of construction experience and training and as an
employee of the City would have better control of the projects while expending 40 hours per week to City
projects exclusively. He explained that since there was not an appropriation included in the 2007-2008
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Wylie City Council
Special Called Meeting
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Budget for this purpose, a request is being made to amend the Budget to allow for this position. He
explained that the funds would be transferred from the 2006 General Obligation Bond Fund to the
General Fund to meet the allocation for this position. He reported that a person with years of construction
experience was being considered for this position. Mayor Mondy asked why a part time person could not
be utilized. City Manager Manson replied that the City needed someone onsite at all times that was very
familiar with the plans that could be the staffs eyes and ears. Mayor Mondy asked what would happen to
this position once the projects were completed. Ms. Manson replied that this issue was left open in that if
there were other projects, the manager could move to, they would be retained or the position could be a
finite position upon completion of the projects. Councilman Goss stated that having someone on staff
would be a bonus to the City and this person could assist with the new Fire Station as well. He
commented that he believed the position should be a finite position for the completion of the projects only.
He reported that this position would be the single point of contact for all construction issues and would be
a huge benefit to the City. City Manager Manson stated that when these projects were completed, and if
there were no other projects, the position could be terminated. Mayor Mondy commented that the terms
needed to be spelled out in the employment contract regarding the establishment of the position for these
projects only.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve
Ordinance No. 2007-40 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving
an appropriation of funds in the amount of $94,100 for the purpose of hiring a Construction
Manager to assist the City of Wyllie in managing the construction work on the Library, City Hall,
and Recreation Center and provide additional work as needed. In addition, the City Council
authorizes the City Manager to transfer $94,100 from the 2006 General Obligation Bond Fund to
the General Fund to provide the funds for this appropriation. A vote was taken and passed 6-0
with Councilman Young absent.
Mayor Mondy recessed into Work Session at 6:15 p.m.
Councilman Young arrived at 6:30 p.m.
WORK SESSION
• Discussion regarding traffic enforcement in the Riverchase Subdivision. (J.
Butters, Assistant City Manager)
Assistant City Manager Butters reported that the Riverchase Homeowners Association Board
has petitioned the City of Wylie to enforce traffic rules and regulations within the Riverchase
subdivision. The Texas transportation code empowers the City Council to pass an ordinance
extending traffic enforcement to private roads within the City if the homeowners association
board, or a majority of the homeowners, petition the Council to do so. He explained that the
transportation code pre-dates the establishment of "gated communities" whereby in the past
there was no reason to enforce traffic laws on private property. In 2001 the legislature revisited
the issue specifically pertaining to "gated communities" and passed a law allowing gated
communities by their HOA Associations and by a quorum vote to petition a city for traffic
enforcement. Asst. City Manager Butters explained that such a vote was taken by the
Riverchase HOA members and the results were unanimous by the quorum present to petition
the City for traffic enforcement.
Mayor Pro Tern Byboth stated that he was struggling with the concept of a gated community
receiving traffic enforcement, because these communities were closed to the public not allowing
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Wylie City Council
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not for profit organizations and other citizens to enter the community. He stated that he believed
the gates should be open; to be fare to all. Mayor Mondy stated that the difference with these
gated communities was that they were responsible for the maintenance of their streets. Mayor
Pro Tern Byboth stated that he was concerned whether the HOA was setting aside funds to
accomplish the maintenance when required. Councilwoman Spillyards reported that the HOA
was responsible for the collection of dues to offset these maintenance costs when needed and
were doing that. Mayor Pro Tern Byboth stated that if the community was responsible for the
maintenance of the streets that would offset any traffic enforcement. Councilman Porter stated
that Riverchase citizens pay ad valorem taxes just like every other Wylie citizen; therefore they
should receive traffic enforcement, if requested. Assistant City Manager Butters reported that
the speed signs would be the responsibility of the HOA but the police would drive and enforce
traffic laws when needed. Councilman Porter stated that if the proposed ordinance could save
one injury or life, it was worth the traffic enforcement. Mayor Pro Tern Byboth asked if the City
Attorney had reviewed the proposed ordinance. City Manager Manson replied that the City
Attorney had reviewed the ordinance and content within. Councilman White asked if the
proposed ordinance gave the same traffic regulations to the citizens in Riverchase as those in
other sub-divisions within Wylie. Assistant City Manager Butters replied that the ordinance was
exactly the same as regulations for other subdivisions; the only inclusion was to enforce these
traffic regulations within Riverchase Subdivision.
Homeowner's Association Comments
Riverchase Homeowner's Association representatives Richard Vaughn, John Sanders, Lisa
Beckman and Horace Smith addressed Council stating that in October of 2007 a HOA meeting
was held at the Municipal Complex. A quorum of 60 residents was present and voted
unanimously to request the traffic enforcement. Mr. Smith explained to Council that a street
assessment study had been completed previously and it was determined that the life
expectancy of the streets was 20 years. He explained that the HOA dues were increased to
offset the repairs that would be needed and dues could be increased in the future if needed. Mr.
Vaughn reported that the HOA had attempted to open the gates previously but could not obtain
the votes to accomplish this. He explained that traffic violations had become more frequent and
because residents knew there was no enforcement, it was difficult to control. Councilwoman
Spillyards asked Mr. Vaughn if the HOA had considered speed bumps. Mr. Vaughn replied that
the streets were sixty feet wide and were cost prohibitive for speed bumps. He reported that the
community was requesting the same enforcement given to other sub-divisions within the City.
Mayor Mondy reconvened into Regular Session at 6:35 p.m.
RECONVENE INTO OPEN SESSION
Take any action as a result from Work Session, including but not limited to:
3. Consider, and act upon, Ordinance No. 2007-41 amending Chapter 110 (Traffic and
Vehicles), Article III (Operation of Vehicles) to add Section 110-114 (Traffic
Regulations in Private Subdivisions) of the Wylie Code of Ordinances No. 2005-07;
providing for the enforcement of certain traffic rules and regulations to certain
private roads owned and maintained by the Riverchase Homeowners' Associations
and contained within the Riverchase Subdivision; providing for a penalty for the
violation of this ordinance; providing for repealing, savings and severability clauses;
and providing for an effective date. (J. Butters, Assistant City Manager)
Minutes— November 27, 2007
Wylie City Council
Special Called Meeting
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.,� . Council Action
A motion was made by Mayor Pro Tem Byboth, seconded by Councilwoman Spillyards to
approve Ordinance No. 2007-41 amending Chapter 110 (Traffic and Vehicles), Article III
(Operation of Vehicles) to add Section 110-114 (Traffic Regulations in Private Subdivisions) of
the Wylie Code of Ordinances No. 2005-07; providing for the enforcement of certain traffic rules
and regulations to certain private roads owned and maintained by the Riverchase Homeowners'
Associations and contained within the Riverchase Subdivision; providing for a penalty for the
violation of this ordinance; providing for repealing, savings and severability clauses; and
providing for an effective date. A vote was taken and 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 captions to Ordinance No's 2007-40 and 2007-41 into the official
record.
ADJOURNMENT
With no further business before Council Mayor Pro Tern Byboth made a motion to adjourn at
6:40 p.m. Councilman Goss seconded the motion. Consensus of Council was to adjourn.
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Carole Ehrlic , ity Secretary
Minutes- November 27, 2007
Wylie City Council
Special Called Meeting
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