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06-24-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE • Minutes Wylie City Council Tuesday, June 24, 2008 — 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 6:05 p.m. Council Members present were: Mayor Pro Tem Red Byboth, Councilman David Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Councilwoman Kathy Spillyards was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Police Chief, John Duscio; Fire Chief, Randy Corbin; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Former Wylie Mayor William Martin gave the invocation. Mayor Martin explained to those in attendance what the City was like during his term in 1976-1977. He thanked both the current City Council and Mayor and all previous Council members for the service they provided to make Wylie the City it is today. Martin served on the Wylie City Council from 1967 to 1983 for various terms. Police Chief Duscio 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. No citizens were present to address City Council during Citizen Participation 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 June 10, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) Minutes—June 24, 2008 Wylie City Council Page 1 B. Consider, and act upon, Ordinance No. 2008-30 amending Zoning Ordinance No. 2001-48, Article 4 Non-Residential District Regulations, Article 5 Use Regulations and to the Official Zoning Map to create a Business Government District. ZC 2008- 06 (R. 011ie, Planning Director) C. Consider, and act upon, Resolution No. 2008-21(R) authorizing the application for a Collin County Park and Open Space Grant for the purpose of improvements for Founders Park. (M. Sferra, Public Services Director) D. Consider, and act upon, Resolution No. 2008-22(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 8.556 square feet of property located on FM 1378. (C. Holsted, City Engineer) E. Consider, and act upon, Resolution No. 2008-23(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 12,920 square feet of property located on FM 1378. (C. Holsted, City Engineer) F. Consider, and act upon, Resolution No. 2008-24(R) amending Resolution No. 2007- 31(R), increasing the City of Wylie Municipal Court Judge monthly stipend of service. (J.. Butters, Assistant City Manager) G. Consider, and act upon, a Preliminary Plat creating six Light Industrial lots for Regency Business Park Phase III , generally located at the east end of Capital Street. (R. 011ie, Planning Director) H. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports for the period ending May 31,2008. (L. Williamson, Finance Director) Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to pull Item D from the Consent Agenda and consider individually. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Consent Agenda Items A, B, C, E, F, G, and H as presented. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. REGULAR AGENDA D. Consider, and act upon, Resolution No. 2008-22(R) acknowledging consent to the acquisition, by purchase or condemnation, of approximately 8.556 square feet of property located on FM 1378. (C. Holsted, City Engineer) Staff Discussion City Manager Manson noted that the posting for this item had a typographical error. She wished to clarify that the property described in Resolution No. 2008-22(R) was 8,556 square feet of property located on FM 1378. Minutes—June 24, 2008 Wylie City Council Page 2 Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve Resolution No. 2008-22(R) acknowledging consent to the acquisition by purchase or condemnation, of approximately 8,556 square feet of property located on FM 1378. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. General Business 1. Consider, and act upon, appointment(s) to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. (M. Manson, City Manager) Staff/Council Discussion Mayor Hogue addressed Council stating that in conversations with the Wylie Independent School District, the school board subcommittee members had been revamped to include some new trustees who have never served on the WISD City/Schools Partnerships Committee. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The new subcommittee for WISD will include Ronni Fetzer, Chair, Stacie Gooch, trustee, and Lance Goff, trustee. Mayor Hogue noted that he would like to see all council members have an opportunity to serve on this partnership subcommittee. He reported that he had been contacted by both current subcommittee member Rick White and Councilwoman Spillyards who both indicated a desire to serve on the subcommittee for the coming term. He asked if there were any other council members who had a desire to serve on this subcommittee. Councilman Goss stated that he had served on this committee for the past year and if it was the council's pleasure, he would be happy to continue his service. Mayor Hogue also indicated a desire to serve on the subcommittee. Council Action A motion was made by Councilman Porter, seconded by Councilman Young to appoint Mayor Eric Hogue, Councilman Rick White, and Councilwoman Kathy Spillyards to the Wylie Independent School District City/Schools Partnerships Committee. A vote was taken and passed 5-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilman Porter, Councilman White and Councilman Young voting for and Councilman Goss voting against. Councilwoman Spillyards was absent. 2. Consider, and act upon, Ordinance No. 2008-31 repealing Ordinance Nos. 1987-5 and 2004-15; amending Chapter 74 (Offenses and Miscellaneous Provisions), Article V (weapons) of the Wylie Code of Ordinances; defining terms for the article; prohibiting the sale of replica firearms and projectile weapons from ice cream vending trucks,mobile food vending trucks or push carts. (J. Duscio, Police Chief) Staff Comments Police Chief Duscio addressed Council stating that staff has received numerous complaints concerning the sale of BB guns, Air soft Guns, and Replica guns from Ice Cream Trucks, and Mobile Food Vending Trucks. The obvious concern is that these items are being sold to minor children without parental consent or knowledge. This ordinance will prohibit the sale of these items from this type of venue. Minutes—June 24, 2008 Wylie City Council Page 3 Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2008-31 repealing Ordinance No's. 1987-5 and 2004-15; amending Chapter 74 (Offenses and Miscellaneous Provisions), Article V (weapons) of the Wylie Code of Ordinances; defining terms for the article; prohibiting the sale of replica firearms and projectile weapons from ice cream vending trucks, mobile food vending trucks or push carts. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. 3. Consider, and act upon, the recommendations of the 2008 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for terms expiring June 30, 2008. (C. Ehrlich, City Secretary) Staff/Panel Comments Mayor Hogue reported that the Boards and Commission interview panel included Mayor Pro Tem Byboth, Councilman Rick White and Councilwoman Kathy Spillyards. He asked panel chair Mayor Pro Tem Byboth to report the recommendations of the 2008 Boards and Commission Interview Panel. Mayor Pro Tem Byboth reported that 59 applicants had been interviewed for positions on the various boards for new appointments and re-appointments. He noted that there was a tremendous amount of talent within the applicants interviewed. He explained that the panel had a very difficult time in the selection process. He noted that it was the panel's desire in the future to research the idea of expanding some of the boards to allow more qualified applicants to serve. He also suggested that more boards be created to address issues such as senior citizens, technology, and a marketing related board or committee. He reported that large amounts of talent in these areas were found within the applicants interviewed. He explained that it was very frustrating to have so many qualified applicants and not have a position to appoint them to. Mayor Pro Tern Byboth then made the recommendations for the 2008 Boards and Commission positions: Animal Advisory Board: Chuck Kerin and Heather Screws, re-appointments; Beverly Woodall, new appointment. Construction Code Board: Ronald Hauck, re-appointment; Brian Paten and Jeffrey Katzman, new appointments. Library Board: Lucy Shriver, Grace Morrison, Junaid Najamuddin, re-appointments; and Courtney Gober, replacing Jim Griffin. Parks & Recreation Board: Donna Larson, Anne Hiney, Benny Jones, and David Willey, re- appointments. Parks & Recreation 4B Board: Merrill Young and Rick White, re-appointments; and Eric Hogue (vacancy Mayor). Planning & Zoning Commission: Willie Osborne, Dennis Larson, and Phillip Johnston, re-appointments; and John Manganilla, new appointment. Zoning Board of Adjustments: Marilyn Herrera, Karyn McGinnis, and Jeff Ellis, re-appointments; and William Baumbach, formerly a ZBOA alternate; and recommend David Dahl to be the new alternate, replacing William Baumbach. Minutes—June 24, 2008 Wylie City Council Page 4 Public Arts Advisory Board: Polly Harrison, Kathy Spillyards, Stewart Matthews, re-appointments; and Erin Dougherty, filling a vacancy. Wylie Economic Development Board: Merrill Young, re-appointment(to realign staged terms). Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to appoint the 2008 Boards and Commission members to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments, as recommended for terms beginning July 1, 2008 and ending June 30, 2010.. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article Ill, Section 13-D. City Secretary Ehrlich read captions to Ordinance No.'s 2008-30 and 2008-31 into the official record. Mayor Hogue recessed into Work Session at 6:29 p.m. WORK SESSION • Discussion and possible action regarding the Solid Waste & Recycling Contract. (J. Butters, Assistant City Manager) Mayor Hogue reported that he and Mayor Pro Tern Byboth had met with all vendors who submitted bids for the Solid Waste Services Request for Proposals and asked questions regarding their services. He reported that Councilwoman Spillyards had sent communication asking that the Council consider using any reimbursement revenue from recycling to add landscaping to the City of Wylie medians which currently do not have funds budgeted. Assistant City Manager Butters addressed Council stating that feedback had been collected from staff regarding current services by Allied Waste. He reported that staff had made their comments at the aforementioned meeting in regard to current service levels. He explained that Community Waste Disposal L.P. had been recommended by the Solid Waste Sub-committee as the bid of choice to be recommended to the full City Council. He reported during the vendor meeting on Friday, he and other attendees, including sub- committee members were very impressed with IESI. He noted that IESI's office was a bit closer in proximity to the City of Wylie than CWD. He explained that the cost difference between CWD and IESI was approximately $653,000 with IESI being the higher bidder. He reported that both service companies had received very high recommendations from cities they currently served. Mr. Butters noted he had been in contact with the City Attorney's Office and they had opinioned that due to the bids being submitted for solid waste disposal, the Council was free to approve any of the bids they deemed most appropriate. He also mentioned that Purchasing Manager, Jim Holcomb, had advised that it is always best practice to approve the lower bid when approving competitive bids. He reported that the hazardous waste services would be bid directly Minutes—June 24, 2008 Wylie City Council Page 5 to a service company that handled this type of waste and would be a more direct way to manage this service. Solid Waster Sub-committee/Council Discussion Two members of the Solid Waste Sub-committee were present and addressed Council. Richard Vaughn and David Tamez explained to Council that they had reviewed the solid waste bids submitted both for pricing and services provided. Mr. Vaughn explained that once all bids had been reviewed, it was the consensus of the committee that the two companies deserving further consideration were IESI and CWD. He noted that the committee did not feel the need to spend the additional funding for IESI with CWD having an excellent bid for services and very good recommendations from current customers. Mr. Tamez addressed Council stating that the recommendation that the committee made to Council was partially based on recommending CWD due to cost savings and comparable size cities they currently served. He reported that Allen and Frisco were more in line with Wylie in size and he noted that the committee was impressed with the way CWD has handled the growth Frisco has experienced in the past couple of years. He stated his concern regarding Council appointing sub-committees to review issues; then in some cases not approving those recommendations. He stated that he believed CWD was a good recommendation by the Solid Waste Sub-committee and requested that it be honored in deliberations by the City Council. Mayor Pro Tem Byboth apologized for his lack of understanding regarding the solid waste services. He stated that attending the meeting last week gave him a much better knowledge of solid waste services. He explained that his concern prior to this meeting dealt with the conversion from one company to another. He reported that after attending the meeting and hearing the service companies speak about the conversion process he felt more comfortable. He stated that any conversion of services is difficult and if completed improperly, highly negative to citizens. He thanked the sub-committee for their time and volunteerism regarding the recommendations made. Councilman Young asked if the Garland Landfill would be utilized for Wylie solid waste disposal. Assistant City Manager Butters replied that it would. Mayor Hogue convened into Regular Session at 6:55 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. 4. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, award of bid for solid waste services and authorizing the Mayor to enter into a contractual agreement with Community Waste Disposal L.P. for the provision of solid waste services in the City of Wylie. (I Butters, Assistant City Manager) Council Action A motion was made by Councilman Young, seconded by Councilman White to remove Item #4 Consideration of Solid Waste Services bid from the table and consider. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. Council Action A motion was made by Councilman Goss, seconded by Councilman White to approve an award of bid for solid waste services and authorize the Mayor to enter into a contractual agreement with Community Waste Disposal L.P. for the provision of solid waste services in the City of Wylie. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. Minutes—June 24, 2008 Wylie City Council Page 6 Mayor Hogue recessed into Work Session at 7:00 p.m. WORK SESSION • Discussion and direction for pending items from the Value Engineering List for the New City Hall, Library and Recreation Center. (Mark Scruggs,ARCHITEXAS) Construction Manager Shane Colley introduced Mark Scruggs representing ARCHITEXAS. Mr. Colley stated that there were a few items on the value engineering list from the last work session that staff required some clarification on. He presented several items asking for direction from Council in order to move forward with construction documents to be brought back to City Council for final approval. Mr. Colley displayed photos of detention ponds stating that these ponds would not hold water and it was the opinion of parks consultants Half & Associates that the ponds were not required for rain runoff. • (VES4) Detention ponds — remove from documents Options will be presented for the following two items: (VE22) Glass vestibules— bring back options for less costly designs. (VE-19) End-grain wood flooring (mesquite) — bring back other wood options more cost effective. Other architectural recommendations accepted included: (VE21) Quantity of acoustical panels in Gymnasium—accepted (VESTR4) Epic Deck—keep in Recreation Center (Other options)Aluminum wiring—accept in lieu of copper Mr. Colley reported that the Millennium Tiles designed for the special areas within the City Hall, Recreation Center, and Library could be purchased from an overstock the supplier currently had. He explained that these tiles were sold for $12.60 per square foot but could be pre-purchased for $9.60 per square foot. He explained that the company wanted 30% down and would store the material until construction. He explained that by pre-purchasing the material, the City is locking in the price and storing the material at no cost. The estimated construction would be approximately twelve months from purchase. Finance Director Williamson stated that he had no issue with purchasing the tiles with Council approval and reimbursing the general fund with bond proceeds once sold. He explained that he did have some concern from a financial prospective regarding ownership issues; he would recommend that the city purchase the tiles outright and receive ownership of the material if it was to be stored at another facility, to eliminate the possibility of bankruptcy issues prior to delivery. Councilman Goss noted that if the tiles were purchased outright, at this point, the Council was locking in the color(shades of green). Direction from Council was to move forward with an agenda item to pre-purchase the Millennium Tiles. Councilman Goss stated that he was requesting that the design and construction team find additional value engineering to reduce the costs back to the original budget. He stated that he was firmly against any overages outside the additional $15,000,000 in Certificate of Obligations to fund these projects. Minutes—June 24, 2008 Wylie City Council Page 7 ADJOURNMENT With no further business before the Wylie City Council, Mayor Pro Tern Byboth made a motion to adjourn at 7:35 p.m. The motion was seconded by Councilman Porter. A vote was taken and passed 6-0 with Councilwoman Spillyards absent. 6c=s M. G. Byboth, Mayor Pro Tern ,�ti�ir�ita��ii ATTEST: y ®I= 1/1/ ,:`ti Ca ole Ehrlich(City Secretary t. =-= "",���������►E,� - ‘‘`‘‘���. Minutes—June 24, 2008 Wylie City Council Page 8