01-22-2008 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, January 22, 2008 — 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 6:00 p.m. Council Members present were: Mayor
Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman
Rick White, Councilman Merrill Young and Councilman Carter Porter.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance
Director, Larry Williamson; Planning Director, Renae' 011ie; Police Chief, John Duscio; Fire
Chief, Randy Corbin; City Engineer, Chris Hoisted; Construction Manager, Shane Colley; Wylie
Economic Development Executive Director, Sam Satterwhite; Public Information Officer, Craig
Kelly; City Secretary, Carole Ehrlich, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Corbin gave the invocation and Girl Scout Troops #559 and #2094 led the Pledge of
Allegiance.
PRESENTATIONS
• Presentation on fiber cements siding and backer board (Hardie board). (D. Tresch,
National Director of Government Affairs)
Mr. Dan Tresch, National Director of Government Affairs presented information
regarding the use of fiber-cement siding. (Hardie Board). He explained the sustainability
of the product and the cost savings to builders and homeowners and the flexibility of the
product. He requested Council to consider the inclusion of this type of material as an
acceptable exterior residential building material.
Minutes—January 22, 2008
Wylie City Council
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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 Citizen 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 January 8, 2008 Regular
Meeting of the City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Ordinance No. 2008-02 amending Zoning Ordinance 2006-
04, Article 5, Section 5.1(F)(3): Retail, Personal Service and Commercial,
establishing regulations specifying the location of Major Automobile Repair uses.
(R. 011ie, Planning Director)
C. Consider, and act upon, Ordinance No. 2008-03 amending Ordinance No. 2005-11,
Article 1 (General Provisions), Section 4 (Unlawful Solicitation and Handbill
Distribution), Subsection I (Inhabited Premises ) Amendment to Ordinance No.
2005-11, Article 1 (General Provisions), Section 4 (Unlawful Solicitation and
Handbill Distribution) Subsection I (Inhabited Premises). (I.. Duscio, Police Chief)
D. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the
periods ending October 31,2007,November 30, 2007 and December 31, 2007. (L.
Williamson, Finance Director)
E. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of November 30, 2007 and December 31,
2007. (S. Satterwhite, Executive Director, WEDC)
Councilmember Young noted that he believed the City needed to take into consideration the
current economy regarding property values for future updates of the City's long term financial
plan. He also noted his appreciation of monthly financial reports to the City Council.
Council Action
A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to approve the
Consent Agenda as presented. A vote was taken and passed 7-0.
Minutes—January 22, 2008
Wylie City Council
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REGULAR AGENDA
Public Hearing
1. Hold the second Public Hearing for the annexation of a 0.1079 acre tract of land
situated in the H. Maxwell Survey, Abstract No. 579, Collin County, Texas,
generally located south of F.M. 544, west of Maxwell Creek Road, and adjacent to
Woodbridge North Development. (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that this annexation is at the request of the City of
Wylie. The property is located south of F. M. 544, west of Maxwell Creek Road, and adjacent to
Woodbridge North Development. Before a municipality may begin annexation proceedings, the
governing body of the municipality must conduct two (2) public hearings at which persons interested in
the annexation are given the opportunity to be heard. Mayor Mondy asked Planning Director 011ie if the
property owner had been notified. Ms. 011ie replied that pursuant to state law, the publications in the
newspaper had been made however contact with the property owner was not required. Mayor Mondy
asked that a letter be sent to the property owner stating the City Council meeting date (February 12,
2008) for consideration of the ordinance annexing the property, as a courtesy. Planning Director. 011ie
stated that she would contact the property owner. She noted that WEDC Executive Director Satterwhite
had sent a message via e-mail to the property owner with no response.
Public Hearing
Mayor Mondy opened the second Public Hearing at 6:35 p.m. asking anyone present wishing to
address council on the item to come forward and state their name and address.
No one came forward to address Council during the second Public Hearing on the annexation of
0.1079 acres tract of land situated in the H. Maxwell Survey, Abstract No. 579, Collin County
Texas.
Mayor Mondy closed the second Public Hearing at 6:36 p.m.
No action was taken on this item. Consideration of the adoption of an Ordinance annexing the
property will be held on February 12, 2008 at 6:00 p.m. at the Regular City Council meeting.
General Business
2. Consider, and act upon, Resolution No. 2008-03(R) casting its vote for the fourth
member of the Board of Directors of the Dallas Central Appraisal District. (C.
Ehrlich, City Secretary)
Staff Comments
City Secretary Ehrlich reported that at the November 13, 2007 Council meeting, City Council approved
Resolution No. 2007-39(R) casting a vote for Dwayne Gentsch as a member of the Board of Directors of
the Dallas Central Appraisal District. The City has been informed by the Dallas County Central Appraisal
District that no candidate of the suburban cities that participated in the election received a majority vote.
R. Scott Wheeler of Addison received nine (9) votes. Dwayne Gentsch of Garland received six (6) votes
and Michael Hurtt of Desoto received six (6) votes. A coin flip between the two candidates who share the
second highest number of votes, Dwayne Gentsch and Michael Hurtt, resulted in Michael Hurtt securing a
Minutes—January 22, 2008
Wylie City Council
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place on the ballot. Therefore, a runoff election will be held for the two candidates that received the
highest number of votes, Scott Wheeler of Addison, Texas and Michael Hurtt of DeSoto, Texas.
Mayor Pro Tern Byboth stated that he believed the City of DeSoto (Michael Hurtt) was more typically
aligned with the residents of the City of Wylie.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve
Resolution No. 2008-03(R), denoting the choice of Michael Hurtt as the City of Wylie vote for the
fourth member of the Board of Directors of the Dallas Central Appraisal District. A vote was
taken and passed 7-0.
3. Consider, and act upon, accepting the resignation of Robert Wieneke and the
appointment of a new member to the Library Advisory Board to fill the unexpired
term of July 1, 2007 to June 30, 2009. (R. Orozco, Library Director)
Council Comments
Mayor Mondy stated that Eric LeJeune was a teacher in the Wylie school system and Courtney Gober
was a teacher Plano ISD. Mayor Pro Tern Byboth noted that during the Board interviews, he
remembered Mr. LeJeune being a very good candidate. Councilman Goss concurred.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Young to accept the
resignation of Robert Wieneke from the City of Wylie Library Advisory Board and appoint Eric
LeJeune to fill the unexpired term of July 1, 2007 to June 30, 2009. A vote was taken and
passed 7-0.
4. Consider, and act upon, authorizing the Mayor to enter into a Retail Development
Agreement with Woodbridge Crossing, L.P. (S. Satterwhite, Executive Director,
WEDC)
Staff Comments
Wylie Economic Development Corporation Executive Director Satterwhite addressed Council stating that
he apologized for the delay in the presentation of the draft agreement. He reported that most of the
agreement was the same as the "letter of intent" issued last month. He explained some of the business
points within the agreement which included a few changes:
Initial phase would consist of 280,000 sq. ft. by August 1, 2009. He reported that the original 530,000 sq.
ft. requirement within the first phase was not an obtainable goal and would require the inclusion of the
second anchor on the east side of the property. Mr. Satterwhite noted that in his opinion this was not
achievable, as a second anchor to date, has not been secured and not sought for the project and would
be unreasonable in the first phase. It would however include a proposed Target Anchor and all the
adjacent in-line area and the two "L" shaped pads fronting the development. Additionally they are
committing to include 1,000 parking spaces to support the second anchor and the in-line development on
the east side of Woodbridge Crossing which was not included in the initial discussions. This is an
additional $3.5 to $4 million dollar investment to the developer.
Second phase would consist of cumulative space of 530,000 sq. ft no later than August 1, 2011. The
development would guarantee $83,000,000 in ad valorem valuation no later than the first tax year
following completion of the second phase of the development.
Infrastructure improvements would include McCreary Road of 6,500 linear feet, 4 lanes to the south
property line of the landfill and 2 lanes to Sachse Farms. Springwell Parkway would be constructed at
1,030 linear feet to the southern property line as a 4 lane highway, traffic signals at McCreary, Springwell,
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Wylie City Council
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and the central entrance would be completed by the developer. Underground electric would be laid,
fronting F.M. 544
Incentives would include:
Years 1-4 — 85% of the sales taxes generated from Woodbridge Crossing, based upon the collection of
the 1% sales tax currently dedicated to the General Fund would be waived.
Years 5-12 —65% of the sales taxes generated would be waived
Waiver of all development fees associated with lots 1, 2,6,7,8,9,14 and 17 as per the Development Plan
No fees will be waived for Lots 3,4,5,10,11,12,13,15 and 16.
Cumulative sales taxes reimbursed by the City and WEDC are capped at $12 million subject to an
addendum to this agreement increasing the cap by the net cost of placing the overhead utilities
underground.
Terms of the agreement include:
Start Date—60 days following the issuance of a CO for Super Target
End Date— 12 years from the start date subject however to the $12 million cap
Mr. Satterwhite reported that the city acknowledges that portions of this property will be sold to third
parties. The City also acknowledges that should the law change disallowing this type of incentive
agreement, the City, WEDC, and the developer will negotiate in good faith to meet the intent of the
agreement. He noted that Target is not a party to this agreement and the agreement will be terminated
should the performance measures not be met by the developer with future sales tax reimbursements
being discontinued.
Mayor Mondy asked Mr. Satterwhite if the agreement presented tonight was as agreed to in the letter of
intent with the exception of the before mentioned items. Mr. Satterwhite stated it was and the developer
was committed to the requirements of this agreement.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Young to amend the
proposed Retail Development Agreement such that the Waiver of City fees provided for in
paragraph 3 shall apply to the Initial Phase and the Second Phase, and to authorize the mayor to
enter into the Retail Development agreement with Woodbridge Crossing, L.P. A vote was taken
and passed 7-0.
5. Consider, and act upon, authorizing the Wylie Economic Development Corporation
(WEDC) to enter into a Performance Agreement between the WEDC and
Woodbridge Crossing, L.P. (S. Satterwhite, Executive Director, WEDC)
Staff Comments
Wylie Economic Development Corporation Executive Director Satterwhite addressed Council and
reported that the Wylie Economic Development Corporation met this morning and approved the
Performance Agreement between the WEDC and Woodbridge Crossing, L.P. contingent to approval by
the City Council.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to authorize the
Wylie Economic Development Corporation (WEDC) to enter into a Performance Agreement
between the WEDC and Woodbridge Crossing, L.P. A vote was taken and passed 7-0.
READING OF ORDINANCES
Title and caption approved by Council as required by Wvlie City Charter, Article Ill, Section 13-D.
Minutes—January 22, 2008
Wylie City Council
Page 5
City Secretary Ehrlich read the captions of Ordinance No. 2008-02 and 2008-03 into the official
record.
Mayor Mondy recessed into Work Session at 7:12 p.m.
WORK SESSION
• Presentation, update, discussion, and direction related to revisions to the design
development and construction of the new Library, Recreation Center and City
Hall including "LEEDS" (Leadership in Energy & Environmental Design).
(ARCHITEXAS, Architect/Holzman Moss, Architecture)
Craig Melde, Principal for ArchiTexas opened the presentation explaining that at the last work
session, the design for the new buildings was reviewed and Council directed the design team to
move forward with the proposed design with one major exception. Council asked the design
team to explore some alternatives to the exterior treatment of the east, west, and north sides of
the building in lieu of the proposed metal panels which did not comply with current codes. Doug
Moss, Principal for Holzman Moss Architects explained that the design team had utilized the
original metal panels because of the design look and cost effectiveness of the material. He
reported that Council had suggested a different material due to current zoning regulations. He
reported that the team had researched the issue and is presenting tonight three alternatives to
the metal panels. He displayed samples of each option and pictures of buildings that
incorporated these materials into their building design. The options included: textured copper,
fired clay bricks of a terra cotta color, and stone much the same in color and texture as that
proposed for the front of the building but consisting of smaller blocks of various sizes. He
presented corresponding costs associated with each alternative. He reported that the copper
would be the most expensive and would run an additional $790,000. He reported the clay block
material would cost approximately $600,000 in additional funding and the stone blocks would
cost approximately $550,000 in additional funding.
Mayor Mondy asked Mr. Moss which material the team recommended. Mr. Moss reported that
they recommended the copper as a first choice because of the stately and traditional
appearance, the clay blocks as the second choice which give contrast to the front stone wall
which is a powerful focal point of the building design; and the smaller stone blocks as the third
choice. He displayed pictures of Cedar Hill Municipal Complex which utilized the clay blocks on
a portion of their building and the City of Frisco which used the stone blocks on the back of the
municipal building, connecting to the proposed parking garage. Mr. Craig Melde reported, in
order to build the municipal buildings, it would more than likely require a Planned Development.
Councilman White asked about the maintenance with a copper product. Mr. Melde reported
that the copper would turn color but would last for years. Mayor Mondy asked Mr. Melde if the
copper could be damaged. Mr. Melde replied that there could be some issues with dents caused
by hail or vandalism and suggested using a combination of materials with the cooper higher up
on the building to protect it. He also noted that a large awning cover would encompass the back
portion of the building. Councilman Goss stated that he would prefer to see the building with the
same stone as the front wall. Mr. Moss replied that, in his opinion, a contrast was needed
between the prominent front stone and the remainder of the exterior areas. Councilman Goss
had concerns regarding the clay blocks, stating that when the light hit the constructed blocks it
would show the small imperfections of the clay. Doug Moss replied that the process of installing
the blocks in uneven lines would help mitigate that issue.
Minutes—January 22, 2008
Wylie City Council
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Mayor Mondy asked about the water retention cisterns. Mr. Moss replied that the reason behind
having the cisterns above ground was for economics. He explained that to place them
underground would be quite expensive. He suggested placing them on a stone pedestal, planter
or bench. He stated that greenery could be grown up the cisterns to make them less noticeable.
Mr. Moss explained that in addition to presenting alternatives for the exterior treatment of the
building, the team was also presenting an option to pay for the additional funding and stay within
the design budget. He reported that in the City Hall on day one the design was to include a third
floor. He explained that the design was created to accommodate the City for 25 years out. All
the space would not be utilized in the first few years. He suggested shelling out the third floor
which could be a savings of $800,000 and would allow for the changes in any of the proposed
exterior materials. He reported that there were currently three departments that would utilize
the third floor: Human Resources, Parks and Recreation Administration and Information
Technology. He suggested moving those departments to other areas within the first two floors
of the city hall or to outside locations for the time being. Finance Director Williamson reported
that if the City Council wished to finance the additional $600,000 for the clay exterior, it would
compute to approximately $50,000 per year in additional debt. The copper would be around
$70,000 per year.
Direction from Council was to move forward using the clay block exterior design and construct
the buildings as previously planned without shelling the third floor of the City Hall. City Manager
Manson reported that she would obtain pictures of the clay material used on the Cedar Hill
Municipal Complex and send them to the Council members.
RECONVENE INTO OPEN SESSION
Take any action as a result from Work Session.
Mayor Mondy reconvened into Open Session at 8:16 p.m. He announced there would be a 5
minute break
Mayor Mondy recessed into Executive Session citing Section 551:074 Personnel Matters, to
deliberate the Evaluation of the City Manager at 8:22 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Section 551.074 Personnel Matters; Closed Meeting
• To deliberate the Evaluation of the City Manager
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Mondy reconvened the City Council into Open Session at 11:00 p.m.
Council Action
A motion was made by Councilwoman Spillyards, seconded by Mayor Pro Tern Byboth to
approve a 4% increase in pay to City Manager Mindy Manson. A vote was taken and passed
7-0.
Minutes—January 22, 2008
Wylie City Council
Page 7
ADJOURNMENT
With no further business before Council, Mayor Mondy adjourned the meeting at 11:02 p.m.
Consensus of Council was to adjourn.
ohn Mo dy, ayor
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Minutes—January 22, 2008
Wylie City Council
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