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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) Minutes— November 27, 2007 Wylie City Council Special Called Meeting Page 1 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 Minutes— November 27, 2007 Wylie City Council Special Called Meeting Page 2 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 Minutes— November 27, 2007 Wylie City Council Special Called Meeting Page 3 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 Page 4 .,� . 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. ohn on Mayor ATTEST: ```\``OFii iINk" ,`` U r ---�' •Pam' Carole Ehrlic , ity Secretary Minutes- November 27, 2007 Wylie City Council Special Called Meeting Page 5