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01-10-2006 (City Council) Minutes MINUTE S Wylie City Council Tuesday, January 10, 2006— 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL.TO ORDEt g :..s ' mr Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Rick White, Councilman Carter Porter, Councilman Earl Newsom, and Councilman Merrill Young. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Library Director, Rachael Orozco; Public Information Officer, Mark Witter, City Secretary, Carole Ehrlich and various support staff. INVOCATION-&PLEDGE OF ALLEGIANCE Mayor Pro Tern Hogue gave the invocation and Councilman Young led the Pledge of Allegiance. CITIZENS PARTICIPATION There was no one present to address Council. CONSENT AGENDA All matters listed under the Consent Agenda are considered to.be routine by the City Council and*ill be enactedaby one motion. There will not.be separate discussion of these items If discussion is,desired,. t item will,tbe removed fom;.he Consent_Agenda and will be considered;separately. ' A. Approval of the Minutes from the December 6, 2005 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon approval of Resolution No. 2006-01(R) establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie. (C. Ehrlich, City Secretary) C. Consider and act upon approval of Change Order No. 2, and No. 3 to Site Concrete, Inc. in the amount of $15,847.00 for the removal of debris and tires from the job site and for the revised connection for Alanis Drive to SH 78.(C.Hoisted, City Engineer) D. Consider and act upon Change Order No. 20 to Site Concrete in the amount of$46,850.73 for the construction of a retaining wall along SH 78 from Sta. 591+60 to Sta.595+20. (C. Hoisted, City Engineer) E. Consider and act upon approval of a Preliminary Plat for Greenway — 78 Addition, generally located south of F.M. 544 and west of S.H. 78 (Tracts 43, 42 & 4). (M. Manson, Assistant City Manager) F. Consider and act upon approval of a Preliminary Plat for Wylie Independent School District, Wylie High School #2, generally located north of Brown Street and west of Bennett Road. (M. Manson, Assistant City Manager) Minutes—January 10,2006 Wylie City Council Page 1 G. Consider and act upon approval of a Final Plat for Woodbridge Addition Phase 12. Subject property being generally located northeast of Woodbridge Phase 9 at the intersection of Lost Highlands Lane and Highland Meadows Drive. (M. Manson,Assistant City Manager) Council Action Councilman Young asked that Items C, D, and F be removed from the Consent Agenda and considered individually. Consensus of Council was to remove these items from the Consent Agenda and consider individually. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman White, to approve Items A, B, E, and G of the Consent Agenda as presented. A vote was taken and passed 7-0. ITEIIS ?QI -¢ �_ 41MLO374011T v. :. 1 g. iGT*IOT ` F C. Consider and act upon approval of Change Order No. 2, and No. 3 to Site Concrete, Inc. in the amount of $15,847.00 for the removal of debris and tires from the job site and for the revised connection for Alanis Drive to SH 78. (C. Holsted, City Engineer) Council Discussion Councilman Young asked if there was a better way of including items in the original job quote to eliminate what seems to be overruns. Mayor Mondy stated that this was a three million dollar job and the overruns were less than 1%. Councilman Young stated that if the City was doing their due diligence regarding the planning, could there be a way of eliminating those overruns. City Engineer Hoisted stated that with a job of this scope, there are usually a few overruns. He explained that the company was only paid for work performed and thereby not having to add the additional unplanned costs on the front end. He explained that with Alanis, in Item#C, the construction phase took in a portion of the landfill thereby causing the removal of tires and debris not anticipated in that area of the landfill. In Item#D, after the construction, there was a retaining wall required that was not anticipated in the original plans. The plans for the expansion of Highway 78 were completed before Wal Mart was constructed, thereby causing the need for the retaining wall. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to approve Change Order No. 2, and No. 3 to Site Concrete, Inc. in the amount of$15,847.00 for the removal of debris and tires from the job site and for the revised connection for Alanis Drive to SH 78. A vote was taken and passed 7-0. D. Consider and act upon Change Order No. 20 to Site Concrete in the amount of$46,850.73 for the construction of a retaining wall along SH 78 from Sta. 591+60 to Sta.595+20. (C. Holsted, City Engineer) Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to approve a Change Order No. 20 to Site Concrete in the amount of$46,850.73 for the construction of a retaining wall along SH 78 from Sta. 591+60 to Sta.595+20. A vote was taken and passed 7-0. F. Consider and act upon approval of a Preliminary Plat for Wylie Independent School District, Wylie High School #2, generally located north of Brown Street and west of Bennett Road. (M. Manson, Assistant City Manager) Minutes—January 10,2006 Wylie City Council Page 2 Council Discussion Councilman Young stated that he felt he needed to abstain from any action on this item regarding the Wylie High School#2 Preliminary Plat due to his employment with the Wylie School District. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve a Preliminary Plat for Wylie Independent School District, Wylie High School #2 generally located north of Brown Street and west of Bennett Road. A vote was taken and passed 6-0-1 with Mayor Mondy, Mayor Pro Tern Hogue, Councilwoman Allen, Councilman Porter, Councilman White and Councilman Newsom voting for and none against with Councilman Young abstaining. Tabled Item from 12-6-05 Motion to remove from table and: Council Action A motion was made by Councilman Young to remove Zoning Case 2005-19 from the table for consideration. Consensus of Council was to remove from the table and consider. 1. Continue a Public Hearing and consider and act upon Ordinance No. 2006-01 approving a change in zoning from Agriculture (A) to Planned Development (PD) District for mixed uses, including retail and residential of varied densities. ZC 2005-19. (M.Manson,Assistant City Manager) Staff Comments Assistant City Manager and Interim Planning Director Manson addressed Council stating that the subject property is located south of FM 544 and west of Regency Business Park Addition. The property totals 186.56 acres and is divided into three (3) parcels by the rights-of-way and easements of major utility transmission uses. Tract 1 is 61.746 acres in size,Tract 2 is 68.995 acres, and Tract 3 is 55.820 acres in size. The property is traversed in an east-west direction by an undevelopable 150 feet wide right-of-way of a major electric power transmission line (approximately 9 acres). The request proposes to divide the property into three major use areas. The purpose of this Planned Development District is intended to provide for the mixing and combining of uses allowed in existing districts and uses in which there is a nonexistent district in the City of Wylie with appropriate land use regulations and development standards. Each permitted use is planned, developed or operated as an integral land use unit while providing flexibility in the use and design of land and buildings where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. The flexibility provided in the detailed provisions outlined in this Planned Development District allow for additional expansion of the creative and innovative concepts defmed in the Nonresidential District Regulations, as herein amended of the existing zoning ordinance to be compatible with the creation of a Retirement Housing District. The combination of the allowable uses within the existing districts and the additional allowable uses established herein provides for the enhancement and implementation of the City's vision of the Comprehensive Plan for the development of a large parcel of land. The use of existing creative development goals and objectives contained within the Nonresidential District, combined with the additional flexibility provided by the use of selective enhancements allowed by the use of a Planned Development District, combined with the addition of a Retirement Housing District, provide for a unique and creative master planned development which is of general benefit to the City as a whole. She explained that the purposed uses would be as follows: Tract 1 shall be developed in accordance with the standards defined in Corridor Commercial District (CC). Tract 2 may be developed in accordance with the standards defmed in Retirement Housing District(RH), Corridor Commercial District(CC)or Business Center(BC). Tract 3 may be developed in accordance with Corridor Commercial District(CC)or Business Center (BC). Minutes—January 10,2006 Wylie City Council Page 3 Councilman Young asked Ms.Manson if there was a restriction on heights of buildings specifically the request for a four story building for the retirement complex. Ms. Manson replied that the height was in the summary as a four story building but was also included in the description within the ordinance for the Planned Development District. If approved as such it would be permitted. Mayor Mondy then asked if the developer was prepared to fund all the ladders for the fourth story as the Fire Department's equipment is designed for three story buildings. Ms. Manson stated that the developer would be required to follow Wylie Fire Codes. Assistant Chief Flores addressed Council stating that there were other fire fighting methods used in addition to the ladders and he saw no problem fighting a fire in four story buildings. Mayor Pro Tern Hogue asked if the Retirement Housing was true retirement housing. Ms. Manson stated that it was and a deed restriction for over 55 years of age would be part of the PD and enforceable. Developer Comments Mr. Don Herzog,residing at 9696 Skillman,Dallas,Texas and applicant addressed Council stating that he was present to request Council's consideration regarding the 186.56 tract of land for the three uses previously mentioned. He stated that this tract will become part of the Woodbridge Development and would be developed to that high standard. Mr. Herzog felt this Planned Development would make a very significant statement at the FM 544 entrance to the City of Wylie. He explained that there were both opportunities and challenges to the land. The land is divided into two parcels by a 150 ft. wide transmission right of way through the width of the property. There is also a NTMWD easement through the property. The property is bound on the north by FM 544 and on the east by the Regency Business Center and properties zoned for Townhouse Development as part of Woodbridge. The south property line is the boundary between Wylie and Sachse and south of that line is a closed landfill,owned by NTMWD and proposed to be established as a park. The west property line north of the transmission line is the boundary between the City of Murphy and Wylie. Property in this area is residential. He explained that a portion of Tract 1 would be commercial including restaurants, theatre, and office/retail shopping, facing FM 544. Also included will be a Welcome to Wylie sign at the entrance of the City. He explained that Tract 2 would be retirement housing and assisted living facilities; Tract 3 would provide a sports center including indoor and outdoor lighted playing fields, parking, housing, and gyms. This facility would be developed by a faith based organization (NFC Sports-Nuevo Frontier Christian Sports) and will include a church site. Mayor Mondy asked if this was the best use for the commercial property with the possibility of not for profit use versus industrial use with tax revenue. Mr. Herzog stated that the City would have an income producing property with the Sports Center which was a for profit business,years before any industrial property would generate tax income. Mr. Ramirez residing at 432 Parkside Court,Murphy, Texas,developer of the proposed Sports Center stated that he was a for profit organization that would fund the project. He explained that this Sports Center would teach children chore values and give the children a place to play sports. He explained that he had other companies that would fund this project and hire people with experience in this field to manage the complex. Mayor Mondy commented that he did not want to see a business come into Wylie and fall behind leaving the project partially completed. City Manager Roath stated that the City had the developer's commitment that this project in one design or another would be completed. Mr. Ramirez stated that a committee would be formed from members of Murphy, Sachse, and Wylie along with experts in the field. Mr. Ramirez explained that Mr. Scott Albert would be the manager of the proposed facility and Mr. Ramirez would provide the financial backing. He explained that the Sports facility would be built all at one time and not pieced out in phases. Councilman Newsom asked if the area provided for the church site had a church designated for that site and if the land would be donated to the church. Mr. Ramirez stated that the church he attended would be relocating to this site and the land was being donated to the church for their site only. Mr. Herzog explained that if for some reason the backing for the sports center fell through before construction, the remaining tracts would be developed as described and the tract 2 land would be used for some other purpose within the zoning regulations. Mayor Pro Tern Hogue asked why this was called faith based. Mr.Ramirez explained that the principals used would be Christian based but non church based to teach children Christian values. Mayor Mondy asked Mr. Herzog if for some reason this Christian based sports center did not come to fruition, if he could put a product on that property with open fields and parking already in place that would make sense. Mr. Herzog stated that he placed this in the PD and until it was funded it would not be constructed. He also stated that if marketed properly,the property could be used for other purposes. Scott Albert residing at 300 Harvest Bend, Wylie Texas addressed Council stating that he was owner of a sports area behind Western Auto, Wylie, Texas of about 2 acres. He explained that he would be managing the proposed Sports Complex and would manage all sports incorporated in the proposed complex. He explained that he was managing this type of facility now (Inner Play, Wylie, Texas) and would be expanding to all sports with the new proposed facilities. Mr. Albert commented that he had the backing from outlying city sports organizations to come in for tournaments and usage of practice fields. He explained that the organization wanted to come up with a fee schedule that was more cost effective to the organizations using advertising and other revenue sources to compensate for lower fees to players. Minutes—January 10,2006 Wylie City Council Page 4 Floyd Duesler, Senior Housing Developer for Zerga Development, 609 Harvest Dr. McKinney Texas 75070 addressed council stating that there was an ongoing project similar to this proposed project under construction in Allen,Texas. He explained that there would be another planned in Frisco. He stated that he and his company felt Wylie was a very good city to develop this type of housing. Mayor Mondy asked Mr. Duesler if this was private enterprise funding. • Mr. Duesler replied that it was. Mayor Pro Tem Hogue asked how quickly the Allen facility was filling up. Mr. Duesler stated that it was filling up on a steady basis. Photos of completed facilities within the metroplex were viewed by Council. Mr. Duesler explained that there would be between 200 and 220 units in the retirement housing and at a later date an assisted living facility would be added. Councilman Newsom asked if the"Private Club"portion of the planning could be removed. Mr. Duesler stated that this could be removed. Councilman Newsom had some concern with the percentage of masonry. Mr.Duesler stated he would tie down the building components at the detailed site plan phase of the planning. He explained that 40% of the Allen facility was stone. Councilman Newsom asked if these units were for sale or lease. Mr.Duesler replied that they would be for lease. Public Hearing Mayor Mondy opened the Public Hearing at 7:35 p.m. No one was present to address Council Mayor Mond),closed the Public Hearing at 7:35 p.m. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve Ordinance No. 2006-01 approving a change in zoning from Agriculture (A) to Planned Development(PD) District for mixed uses, including retail and residential of varied densities. ZC 2005-19. A vote was taken and passed 7-0. Mayor Mondy called for a 10 minute recess Mayor Mondv reconvened the meeting at 7:45 p.m. Tabled Item from 11-14-05 Motion to remove from table and: Council Action A motion was made by Mayor Pro Tern Hogue to remove Ordinance 2005-58, Revisions to the Comprehensive Zoning Ordinance from the table for consideration. Consensus of Council was to remove from the table and consider. 2. Continue a Public Hearing and act upon Ordinance No. 2005-58 approving certain revisions to the residential and nonresidential development requirements of the Zoning Ordinance. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager and Interim Planning Director Manson addressed Council stating that Planning and Zoning Commission will consider Article 5 at its January 3`d meeting. Articles 3, 4 and 5 should be considered as a complete package. However, because publication and notification of the requested amendments to the Zoning Ordinance has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then table the item and continue the Public Hearing at the January 24th meeting to allow Articles 3,4&5 to be considered as a complete package. Public Hearing Mayor Mondy continued the Public Hearing at 7:45 p.m. There was no one present to address Council. Minutes—January 10,2006 Wylie City Council Page 5 Mayor Mondy continued the Public Hearing to a later date to be determined by motion Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to continue the Public Hearing and table action on revisions to the Comprehensive Zoning Ordinance (#2005-58) to the January 24, 2006 Council Meeting. A vote was taken and passed 7-0. Public Hearing and: 3. Consider and act upon approval of Ordinance No. 2006-02 amending Ordinance No. 2005-25 to include the addition of two tracts of land in a Planned Development (PD) district for commercial uses,generally located in the southwest corner of Country Club Road(F.M. 1378) and Parker Road (F.M.2514). ZC 2005-21 (M. Manson,Assistant City Manager) Staff Comments Assistant City Manager and Interim Planning Director Manson addressed Council stating that the proposed request is to include two additional tracts of land into the previously approved PD 2005-25,and does not alter any uses as outlined in the approved conditions of the Planned Development District. Tract 7, Block 1 being 1.002 acres in size and Tract 8, Block 1 being 1.000 acres in size. With the addition of these two tracts, the entire Planned Development District now totals 4.140 acres in four separate parcels, west of Country Club Road (F.M. 1378) and south of Parker Road (F.M. 2514). Public Hearing Mayor Mondy opened the Public Hearing at 7:50 p.m. There was no one present to address Council. Mayor Mondy closed the Public Hearing at 7:50 p.m. Council Discussion Councilman Young asked Ms. Manson if approving the additional tracts would create a higher expense to the city, once the acquisition of right of way begins. Ms. Manson explained that alignment for Parker and State Highway 78 has not been set. She commented that in the future something will need to be done and Collin County is looking at that area. She stated that she did not know of any proposed alignments that would adversely affect these tracts. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance No. 2006-02 amending Ordinance No. 2005-25 to include the addition of two tracts of land in a Planned Development (PD) district for commercial uses, generally located in the southwest corner of Country Club Road(F.M. 1378) and Parker Road(F.M. 2514) ZC 2005-21. A vote was taken and passed 7-0. 4. Consider and act upon authorizing the City Manager to proceed with the Scheduling and Financing Plan for the 2005 Bond Program. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that on November 8, 2005, the citizens of Wylie approved seven (7) propositions, which included the entire Bond Program presented to them. With approval of the Bond Program, the City Administration began working to develop a Scheduling and Financing Plan. Presented tonight is Memorandum No. 05- 136 and Attachments A and B, which proposes a Scheduling and Financing Plan for the 2005 Bond Program.Mr. Roath explained that the specific scheduling plan was reviewed with regard to health, safety, and need and how many projects Minutes—January 10,2006 Wylie City Council Page 6 could be managed at one time in a quality manner; also project phasing that could be implemented both in phase 1 and phase 2. Concern was given to right of way acquisition and proper staffing. On the fmancial side the issue of administrative cost thru spreading the bond issues out over 2 phases rather than 4 to put more funds toward the end product rather than administrative costs. Recommendation and suggestions were solicited from the City's financial advisor,First Southwest as well as the City's facilities study architect,Brinkley Sargeant. Council Discussion Mayor Mondy had concerns regarding the improvements to Alanis being in the first phase and the portable buildings and the permit that allowed them to be occupied for three years for departments within the City Complex. The Mayor also had concerns with regard to the length of time it would take to build Fire Station#3. City Manager Roath explained that Alanis was planned in the first phase to open another access to the City. Whether we start at the first of the three years or phase it in toward the last, having it included in the first phase gives the City the flexibility. With regards to the Fire Station, it is needed now for public safety, but to design and construct the building properly, it will take a good part of the first phase to complete. This timeline recommendation was given by Brinkley Sargeant with conservative estimates which allow the time to build a quality facility. Mr. Roath stated that he believed it was very important to build the Fire Station as soon as possible, and added that if it was possible to build it in a shorter period, that effort would be made. Founders Park was planned for the first phase to take care of the need for playing fields. Mayor Mondy asked Mr. Mendenich what the cost was to issue the bonds. Mr.Mendenich,representative for First Southwest,the City's financial advisor, replied that the numbers in the proposal were very conservative in their estimates with regard to timing and repayments and forecasting interest rates. He explained that there were no interest earnings used for construction funds; rather these funds were left alone to keep the rate down. With those funds we were able to keep the maximum tax rate increase down from the original $0.02966 to $0.2854. If other growth factors increase from the proposed growth, the rate could go down even further. Mr. Mendenich reiterated that the finance plan was conservative and he felt comfortable recommending it. Mayor Mondy asked what three issues rather than two bond issues would cost the City. Mr. Mendenich replied that it would add 50%for an additional issue.Mayor Mondy asked what flexibility,do we lose or gain by three phases. Mr. Roath stated that the issuance of bonds more often than three years would stretch the length of time to complete all the projects. Mayor Pro Tern Hogue asked why the sidewalk repair was divided into two phases. Mr. Roath replied that the Construction Code Board was looking at policies and procedures to implement regarding existing sidewalks and the maintenance required for them. Mayor Pro Tern Hogue asked if Brown West would take three years for planning and acquisition. Mr. Hoisted replied yes it would take at least two years for planning and acquisition but could take as much as three years. Mayor Pro Tem Hogue stated that when the work started on Stone Road,Alanis needed to be completed or close to completion to allow additional access to and from the City and beyond. Mayor Mondy stated that he felt Alanis would not improve access and felt this should be funded by the developer. City Manager Roath stated that impact fees would reimburse the City for the roads and as development continued,impact fees paid by the developer would increase and pay for the developer's road cost reimbursement. Mayor Pro Tern Hogue stated that he liked the proposed phases and felt that the recommendations took care of all parts of the City. Mayor Mondy stated that he wanted to see the Fire Station built first rather than other items on the recommendations for phase 1. Mayor Pro Tern Hogue stated that the Fire Station#3 was going to be built as quickly as it could and would be built as quickly as possible while providing quality and good standards. Mayor Mondy then stated that the Library was the first item that should be built based on the voters. Mayor Pro Tern Hogue again stated that the Library would be constructed as quickly as possible while providing quality and good standards. He explained that it was a large facility and would take time to design and construct. Councilman Young stated that he felt a work session was needed to decide on the phases of the bond. Mayor Mondy concurred. City Manager Roath stated that the architect recommended these phases and hoped that Council would take those recommendations to insure that we had quality facilities and not end up like other cities that end up with hundreds of punch list items that were not complete or completed incorrectly. He explained that he would recommend that the City hire a Construction Management Firm, as well as an architect to perform value engineering on each project to insure quality design and construction and cost value. Councilwoman Allen stated that she was in favor of constructing Alanis in the first phase and was happy with the proposal as presented.Mayor Mondy asked what Council would like to do. Councilman Porter stated he was in favor of taking a vote on this issue. Councilman Young stated he would like to see a work session to understand and resolve some of the issues brought up tonight. Mayor Pro Tern Hogue stated that it takes time to construct these facilities and roads and while phase 1 was implemented,phase 2 would be in the planning process and ready to begin as soon as phase 1 was complete.Councilman Newsom stated that he saw no advantage to holding a work session and stated that Council had these figures since Friday. He stated that he was ready to vote. Mayor Pro Tern Hogue concurred. Mayor Mondy stated that he wanted to see the Library move forward. Mayor Pro Tern Hogue asked the Mayor how it could move any quicker. City Manager Roath stated that the architect estimated that it would take the time proposed but could take a shorter amount of time. He Minutes—January 10,2006 Wylie City Council Page 7 explained that citizens in Wylie such as the library organization would want to have some involvement. He felt the project was estimated properly. Council Action A motion was made by Councilman Newsom, seconded by Councilwoman Allen to authorize the City Manager to proceed with the Scheduling and Financing Plan for the 2005 Bond Program. A vote was taken and passed 7-0. 5. Consider and act upon Ordinance No. 2006-03 setting a date, time, and place for the City Council to conduct a public hearing to consider the Land Use Assumptions and Capital Improvements Plan. (C.Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the approval of the ordinance sets a date for the public hearing to discuss the land use assumptions and capital improvements plan. The public hearing is the first step in the process to update the City's existing water and sewer impact fees. The impact fee advisory committee will be meeting at a future date to discuss the proposed fees and make recommendations to Council. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve Ordinance No. 2006-03 setting the date of February 28, 2006; time of 6:00 p.m. and place as the Municipal Complex, City Council Chambers, 2000 Hwy. 78 North, Wylie, Texas to hold a public hearing to consider the Land Use Assumptions and Capital Improvements Plan. A vote was taken and passed 7-0. 6. Consider and act upon award of a contract for the construction of the Creekside Two Million Gallon Elevated Storage Tank to Landmark Structures, Inc. in the amount of $2,759,000 and recoup the construction cost through impact fees. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that on February 10, 2004 Council awarded a design contract for the 2 MMG Creekside Elevated Storage Tank. The City's Water Distribution System 10-year Capital Improvements Plan indicates that the construction of the tank should occur in 2005/2006. The water impact fee update also includes the Creekside tank in the impact fee calculation. Upon completion of the new elevated tank,the City will have the necessary capacity in elevated storage to better serve our current water customers. However, additional water system improvements will be necessary to maintain our current level of service and meet the needs of the projected growth of the City. The proposed elevated storage tank will be constructed to provide better pressure to the higher elevations in the northwest portions of the City. A site for the tank has been identified and has been dedicated to the City by the developer of the Creekside subdivision. The City's water distribution system will be split into two separate service zones with interconnects to feed between the two systems in emergency situations. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to award a contract for the construction of the Creekside Two Million Gallon Elevated Storage Tank to Landmark Structures, Inc. in the amount of$2,759,000 and recoup the construction cost through impact fees. A vote was taken and passed 7- 0. 7. Consider and act upon Resolution No. 2006-02(R) endorsing Expansion No. 1 of the Muddy Creek Wastewater Treatment Facility. (C. Holsted, City Engineer) Minutes—January 10,2006 Wylie City Council Page 8 Staff Comments City Engineer Hoisted addressed Council stating that on February 10, 2006, the Phase II Preliminary Engineering Study for the Muddy Creek Regional Wastewater Treatment Plant recommended the construction of Phase II take place in 2006 due to the high growth rate of Wylie and Murphy. A copy of the draft report is attached. NTMWD has requested the City adopt a resolution of support for the expansion. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve Resolution No. 2006- 02(R)endorsing Expansion No. 1 of the Muddy Creek Wastewater Treatment Facility. A vote was taken and passed 7-0. 8. Consider and act upon acceptance of the resignation of Mary Johnston and the appointment of a new member to the Library Advisory Board for the unexpired term of January 2006 to July 2006. (R. Orozco,Library Director) Staff Summary Library Director Orozco addressed Council stating that Article VIII, Section 2C of the City Charter authorizes the City Council to appoint a Library Board member. The Board shall consist of seven(7) citizens who shall be qualified voters who shall serve for a term of two (2)years with three (3) members'terms expiring in even-numbered years and four(4) members' terms expiring in odd-numbered years. Mary Johnston was appointed to the Library Board for a two (2) year term expiring July of 2006. Ms. Johnston, who has served very faithfully on the Board, has recently submitted her resignation from her appointment to the Library Board due to an increase in professional and family commitments. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to accept the resignation of Mary Johnston and appoint Kelli Bolton as the new member to the Library Advisory Board for the unexpired term of January 2006 to July 2006. A vote was taken and passed 7-0. 9. Consider and act upon acceptance of the resignation of Jess A. Calhoun, Jr. and the appointment of a new member to the Construction Code Board for the unexpired term of July 2004 to July 2006. (J. Bray,Building Director) Staff Comments Building Inspections Director Bray addressed Council stating that Article VIII, of the City Charter authorizes the City Council to create, establish or appoint as may be required by the laws of the State of Texas or this Charter, such boards, commissions and committees as it deems necessary to carry out the functions, and obligations of the city. Jess A. Calhoun, Jr. was reappointed to the Construction Code Board for a two (2) year term expiring July of 2006. Mr. Calhoun, who has served very faithfully on the Board since 2002, has recently submitted his resignation from his appointment to the Construction Code Board due to relocation. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to accept the resignation of Jess A. Calhoun, Jr. and appoint Mike Phillips as the new member to the Construction Code Board for the unexpired term of January 2006 to July 2006. A vote was taken and passed 7-0. Minutes—January 10,2006 Wylie City Council Page 9 READING OF ORDINANCES TITLE& CAPT'ION APPROVEDiBY COUNCILFASE p A3Y WYLIE;CITY CHARTER,ARTICLE III,SECTION`13 D City Secretary Carole Ehrlich read the caption to Ordinances No. 2006-01, 2006-02 and No. 2006-03 into the official record. QR (SESSION �. Joint work session with Park and Recreation Board • Development of the newly acquired 253 acre tract at FM1378 and Brown • Naming of Streets(Resolution No. 2003-16(R)) • Concessionaire Services • Revisions to the athletic fees,light fees,and development of criteria,and other league issues Mayor Mondy called the Joint Work Session between the Parks Board and the City Council to order at 9:30 p.m. Councilmembers present were: Councilwoman Reta Allen, Councilman Young, Councilman Porter, Councilman White, and Councilman Newsom. Mayor Pro Tern Hogue arrived at 9:40. Parks Board Chair, Dan Chestnut called the meeting to order at 9:30 with board members: Ann Hiney, Brandi Lafleur and David Willey present. (Board member Eugene Garner was present for the Council meeting but had to leave due to a previous engagement.) City Council and Parks Board discussed several issues and received some direction from Council. • Naming of Streets(Resolution No.2003-16(R) Chairman Chestnut addressed those present explaining that on October 14, 2003, City Council approved Resolution 2003-16(R) to name two streets in Wylie in memory of two residents killed in the Vietnam War. The names are Jerry Wayne Combest, and Lanny Earl Hale. To date, the intent of the resolution has not been fulfilled. The consensus was that Council was receptive to the idea that the south entrance road to Founders Park be named in memory of Jerry Wayne Combest and the entrance road to Community Park adjacent to the Library be named in memory of Lanny Earl Hale. At the next board meeting,the board will make a recommendation to be forwarded to Council that the south entrance road to Founders Park is named in memory of Jerry Wayne Combest and the entrance road to Community Park adjacent to the Library be named in memory of Lanny Earl Hale. These park entrance roads are not currently named. • Revisions to the athletic fees,light fees,and development of criteria,and other league issues Chairman Chestnut explained to those present that athletic fee and light fee rates were not recouping the cost of maintenance by the City. He explained that these fees had not been increased in some time.The consensus was that staff should gather information and develop at least three rate structures for the Board's review and recommendation to Council. The goal for the light fee is to recover one-half of the Cities' cost for electricity. The various rate structures for athletic fee and light fee should include consideration of an adult fee; resident vs. non-resident; an after 10 p.m. surcharge;and incremental increases of the fees. Chairman Chestnut addressed those present stating that on the issue of developing sanctioning criteria for the athletic leagues,it was suggested that staff undertake the following measures: investigate what other cities are doing; ask the City Attorney to check on liability issues that might be related to the City's sanctioning of athletic leagues; and contact the WISD and ascertain the rates charged by WISD to both sanctioned and non-sanctioned leagues. This information should be forwarded to the Board for consideration and recommendation to the Council on further action. A suggestion was made that the leagues should be told to "police themselves", but this was countered by another suggestion that the City should refrain from becoming too deeply involved in telling the leagues how to conduct their own business. Minutes—January 10,2006 Wylie City Council Page 10 • Concessionaire Services Chairman Chestnut addressed those present stating that the City has a contract with Jolly Trolley for concessionaire services at Founders and Community Parks until February 2007. The owner of Jolly Trolley has indicated that he wants to terminate the contract as of January 1,2006. Staff is currently reviewing the termination procedure. When the current concessionaire contract was awarded, staff perceived that Council had a desire to award the contract to the athletic leagues;however,Jolly Trolley submitted the best proposal and was awarded the contract. In a meeting with the City Attorney,the Attorney stated that the City could limit the future solicitation of proposals from only the local athletic leagues if the City so desired. On the concessionaire item, the direction was that staff should not limit itself to receiving proposals from only the athletic leagues and that staff solicit RFP's from the general public. • Development of the newly acquired 253 acre tract at FM1378 and Brown The fmal item was a discussion of the recently acquired Wells property. There was some concern by the Parks Board that the land would be used for municipal buildings and other facilities. It was agreed that this 253 acre tract of land should be developed with a vision for the future. If municipal buildings are to be placed on the property, care will be taken to make the building fit harmoniously into the tract. There was some discussion that certain portions of the property might be set aside and preserved in their present state and condition. City Council and the Parks Board adjourned the Joint Work Session at 10:43 p.m. Mayor Mondy convened into Executive Session at 10:54 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,et.seq, Texas Government Code,to wit: Section 551.072. To deliberate the purchase, exchange,lease or value of real property generally located at: • Right-of-Way for the Ballard Avenue Paving Project Mayor Mondy reconvened into Open Session at 11:03 p.m. RECONVENE INTO OPEN SESSION Take any action as a result of Executive Session Council Action A motion was made by Mayor Pro Tern Hogue seconded by Councilman Porter to direct staff to purchase the Virginia Foote and Catherine Frey property in the amount of$55,000 and to approve any other costs associated in the purchase of said property. A vote was taken and passed 7-0. Minutes—January 10,2006 Wylie City Council Page 11 ADJOURNMENT With no further business before Council,consensus of Council was to adjourn at 11:06 p.m. ess�� 0 F a e€ a� <•`!''�y. " �/ ••'' Jo Mondy,May ATTEST: C ole Ehrli ,City Secretary Minutes—January 10,2006 Wylie City Council Page 12 City of Wylie PUBLIC HEARING PARTICIPATION FORM In order for our records to accurately reflect your name and address,please complete this form. Please print or write legibly. If the meeting is in progress,please submit immediately to the City Secretary or designated city staff member. When addressing Council,you will be asked to state your name and address. We ask that you please limit your address to approximately 3 minutes. Date of Council Meeting: /1 i a/ G e Name: )t3 4 p Q ( Address: Loci tioi ; s i D ') 5e, Please include City/State/Zip if yoli are not a Wylie Resident Which Public Hearing(reference Agenda Item Number) on this evenings agenda do you wish to address? 2,C a i 9 . ---� Comments: 3 �a r tom.` . - (v E r Do you represent a group or organization? If so, please provide the following: Name of Group/Organization: 'a e r A Mailing Address: 1.5'Eo S C:6Y.h fy ,sc1 City/State/Zip: r-v 7 Ste?0 E-Mail Address: -CA;I t.e r Phone Number: 4').2 - c)ci -5s 6 F City of Wylie PUBLIC HEARING PARTICIPATION FORM In order for our records to accurately reflect your name and address,please complete this form. Please print or write legibly. If the meeting is in progress,please submit immediately to the City Secretary or designated city staff member. When addressing Council,you will be asked to state your name and address. We ask that you please limit your address to approximately 3 minutes. Date of Council Meeting: //1(> /cp 6 1/45 Name: '7"AUMG s C710,1 c./e,nn t n_s Address: 63SC> Cd3J rreec./,;i 163 �S�yo Please include City/State/Zip if you are not a Wylie Resident Which Public Hearing(reference Agenda Item Number) on this evenings agenda do you wish to address? Comments: Do you represent a group or organization? If so,please provide the following: Name of Group/Organization: `" �. ('1 to & s Mailing Address: _sap. a.5 A kzou e. City/State/Zip: E-Mail Address: Phone Number: City of Wylie PUBLIC HEARING PARTICIPATION FORM In order for our records to accurately reflect your name and address,please complete this form. Please print or write legibly. If the meeting is in progress,please submit immediately to the City Secretary or designated city staff member. When addressing Council,you will be asked to state your name and address. We ask that you please limit your address to approximately 3 minutes. 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