07-08-2008 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, July 8, 2008 — 6:00 pm
Wylie Municipal Complex—Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Pro Tern Red Byboth called the meeting to order at 6:02 p.m. He reported that all council
members were in attendance with the exception of Mayor Eric Hogue who was on vacation with
his family. Council Members present were: Councilwoman Kathy Spillyards, Councilman David
Goss, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Mayor
Eric Hogue was absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance
Director, Larry Williamson; 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
Councilman Merrill Young gave the invocation. Girl Scout Troop 2409 led the Pledge of
Allegiance. Girl Scouts in attendance were: Victoria Dockery, Gwen Murphy, and Brownie Scout
Brooke Murphy. Scout Leader Amy Murphy was also in attendance.
PRESENTATION
• Presentation to Outgoing 2007-2008 Boards and Commission Members. (E. Hogue,
Mayor)
Mayor Pro Tem Byboth and Councilman Young presented outgoing Boards and Commission
members with certificates of appreciation for their time and service to the City of Wylie Boards
and Commissions. Those outgoing members included: Jim Griffin, Library Board; Diane Culver,
Animal Advisory Board; Scott Ames, Planning and Zoning Board; Kathy Welp, Public Arts
Advisory Board, and Lane LeBaron, Zoning Board of Adjustments.
Minutes—July 8„ 2008
Wylie City Council
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ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED AND
REAPPOINTED BOARD AND COMMISSION MEMBERS
• Administered by Judge Terry Douglas.
Judge Terry Douglas administered the Oath of Office to newly appointed or re-appointed 2008-
2009 City of Wylie Boards and Commission members present.
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 one was 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 June 24, 2008 Regular
Meeting and the July 1, 2008 Special Called Meeting of the City Council. (C.
Ehrlich, City Secretary)
B. Consider, and place on tile, the Monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of May 31, 2008. (S. Satterwhite, Executive
Director, WEDC)
C. Consider, and act upon, a Replat for American National Bank Addition #2, Block A,
Lot 1. Subject property being generally located on the northwest corner of FM 544
and Westgate. (R. 011ie, Planning Director)
Council Discussion
Councilwoman Spillyards stated that in her comments presented at the last Council meeting by
Mayor Hogue, under the solid waste work session, page 5, paragraph 1, the sentence should
read "using any reimbursement revenue from recycling to "landscape" the medians, rather
than "maintain" the medians.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Young to approve the
Consent Agenda with the one correction to the minutes. A vote was taken and passed 6-0 with
Mayor Hogue absent.
Minutes—July 8„ 2008
Wylie City Council
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REGULAR AGENDA
Mayor Pro Tern Byboth convened into Executive Session at 6:12 p.m. He announced that both
Executive Sessions would be conducted at this time.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
§§551.071 Meeting with City Attorney regarding a matter(s) in which the duty of the
City Attorney under the Texas Disciplinary rules of Professional Conduct of the State
Bar of Texas conflicts with the Open Meetings Act regarding:
• Issues relating to the adoption of new sign regulations. (M. Manson, City
Manager)
§§551.072 To deliberate the purchase, exchange, lease or value of real property
generally located at:
• Purchase of Right-Of-Way for property generally located at
McCreary Road and F.M. 544
Mayor Pro Tem Byboth reconvened into Regular Session at 6:57 p.m.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
§§551.072 To deliberate the purchase, exchange, lease or value of real property
generally located at:
• Purchase of Right-Of-Way for property generally located at
McCreary Road and F.M. 544
Council Action
A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to authorize
the City Manager to execute the memorandum of agreement and to purchase the Pickard
property. A vote was taken and passed 6-0 with Mayor Hogue absent.
REGULAR AGENDA
Public Hearing
Tabled item from June 10, 2008
1. (MOTION TO REMOVE FROM TABLE) Hold a Public Hearing, consider, and act
upon, adopting new sign regulations, repealing Ordinance No. 2003-14 and
repealing all conflicting ordinances. ZC2008-07 (R. 011ie, Planning Director)
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Wylie City Council
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Council Action
A motion was made by Councilman Porter, seconded by Councilman Goss to remove Item #1
from the table and consider. A vote was taken and passed 6-0 with Mayor Hogue absent.
Staff Comments
Planning Director 011ie addressed Council stating that in an effort to create a consistent and concise sign
ordinance, and ensure that proper and effective directions are portrayed to residents and visitors, and to
prohibit the uncontrolled proliferation of signs Staff is recommending amendments to the current sign
ordinance. These revisions will protect the safety and efficiency of the City's transportation network by
reducing the confusion or distraction to motorists and enhancing the motorist's ability to see pedestrians,
obstacles, other vehicles, and traffic signs. Adopting the proposed revisions to the Sign Ordinance would
provide a tool to eliminate clutter of bandit type signs in the public rights-of-way and have a more uniform
design throughout the city.
She reported that in 2002, at the direction of Council, the sign regulations were removed from the zoning
ordinance and administered through the Building Inspections Department. Modifications were again
adopted in 2003 to eliminate the use of pole signs throughout the city. The current ordinance prohibits
signs within the public right-of-way unless a permit was received for the sign prior to July 1, 2001. The
ordinance further states that any permit issued under the current ordinance shall expire on December 31,
of the year it was issued, except that all permits issued after December 31, 2003 shall expire on July 1,
2004, and shall not be renewed. She reiterated that the current ordinance disallows all bandit signs in
right-of-ways.
She explained that the kiosk program would consist of signs that contain individual panels and an
identification panel at the top of each kiosk sign that displays only the name and official logo of the city. At
least one sign panel on each kiosk sign must provide directions to public facilities, information centers,
and/or provide information about an upcoming city-sponsored event. In addition, kiosk signs shall include
panels that are used to provide direction to subdivisions as a means for builders to advertise and maintain
a 24/7 coverage.
She reported that the program would generate a revenue stream for the City in that builders lease space
from a qualified person or company (The Concessionaire) approved by Council through the execution of a
concession contract. The concession contract would grant the company the right to design, erect, and
maintain directional kiosk signs within the city. The Concessionaire shall provide, at no cost to the city,
municipal directional kiosk sign panels, which will comprise up to 10% of all sign panels permitted, for
uses of public purpose directional signage to municipal sites, and or events as designated by the city. All
kiosk signs, individual panels, and locations must be approved by Council prior to installation. All
unauthorized, illegally placed, and non-permitted signs placed in city rights-of-way may be removed by
the city upon discovery and destroyed immediately.
Public Hearing
Mayor Pro Tern Byboth opened the public hearing at 6:59 p.m. asking anyone present wishing
to address Council on this item to come forward and keep their comments to three minutes.
Don Herzog representing Herzog Corporation, 800 East Campbell, Richardson, TX. addressed
Council stating that he was speaking in favor of the new kiosk signs. He explained that his
developments had several of the major builders constructing homes and they were all in favor of
the kiosk signs. He reported that the signs made it easy to find and view prospective homes. He
suggested that the City allow kiosk signs on private property adjacent to public right-of-way.
Planning Director 011ie stated that the ordinance did allow kiosk signs on private property if the
signage was approved by the property owner.
Minutes—July 8„ 2008
Wylie City Council
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With no one else wishing to address Council, Mayor Pro Tern Byboth closed the public hearing
on Zoning Case 2008-07 at 7:04 p.m.
" -,. Council Action
A motion was made by Councilman Young, seconded by Councilman Porter to approve Zoning
Case 2008-07 adopting new sign regulations, repealing Ordinance No. 2003-14 and repealing
all conflicting ordinances. A vote was taken and passed 6-0 with Mayor Hogue absent.
General Business
2. Consider, and act upon, Ordinance No. 2008-32 amending Ordinance No. 2007-29
(2007-2008 Budget) and approving an appropriation of funds, in the amount of
$186,000, to pre-purchase metal shingles from Millennium Tiles for the new
Library, City Hall, and Recreation Center projects; authorizing the City Manager
to execute a Warehousing Agreement with Millennium Tiles to store the shingles for
the City until they are needed on the Job Site. (L. Williamson, Finance Director)
Staff Comments
Finance Director Williamson addressed Council stating that the City of Wylie has received a proposal
from Millennium Tiles that would allow the City to pre-purchase metal shingles that are needed on the
new Library, City Hall, and Recreation Center projects at a substantial discount ($9.30/per tile vs.
$12.60/per tile). In return, the City would be required to purchase the tiles up front. This represents a
savings of$66,000. He explained that in reviewing the amount of tiles needed, it was found that the City
needed more than originally thought. He reported that the original overstock was sold by the supplier to
another customer; however, the supplier agreed to provide the needed stock at the originally discounted
price and for the higher quantity needed. He reported that the supplier also agreed to store the stock for
the City at no charge.
Council Discussion
Shane Colley presented samples of two different color variations for Council review. He reported that due
to the need to produce the new material at the sale price, Council had a choice as to the color they
desired. Councilman Young and Goss were in favor of the appropriation of funding but were not in favor
of the material colors. Councilwoman Spillyards commented that the City had hired a firm with expertise in
the materials they were recommending and suggested that the City stay with the recommendations as to
color for the millennium tiles. Construction Manager Colley reported that the main item that needed
approval tonight was the appropriation of funding to pre-purchase the tiles. He reported that the color
could be considered as another agenda item in the future. He reiterated that the color presented was the
recommended color by the architects from the beginning of the design process. Mayor Pro Tem Byboth
commented that due to the posting of the item and the lack of posting for the consideration of color, it
might be best to approve the appropriation only tonight and bring back the choices for color for another
agenda item.
Council Action
A motion was made by Councilman Young, seconded by Councilman Porter to approve
Ordinance No. 2008-32 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving
an appropriation of funds, in the amount of $186,000, to pre-purchase metal shingles from
Millennium Tiles for the new Library, City Hall, and Recreation Center projects; authorizing the
City Manager to execute a Warehousing Agreement with Millennium Tiles to store the shingles
for the City until they are needed on the Job Site. A vote was taken and passed 6-0 with Mayor
Hogue absent.
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Wylie City Council
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3. Consider, and act upon, recommendations of appointment of a member to the
NCTCOG Regional Transportation Council (RTC). (M. Manson, City Manager)
Staff Comments
City Manager Manson addressed Council stating that staff had received correspondence from the
NCTCOG regarding the Regional Transportation Council (RTC) for the Dallas-Fort worth Metropolitan
Area. The Council (RTC) is composed primarily of local elected officials, is the transportation policy body
for the MPO. The RTC is responsible for direction and approval of the Regional Transportation Plan, the
Transportation Improvement Program, the Congestion Management System, and the Unified Planning
Work Program, and for satisfying and implementing federal and state laws and regulations pertaining to
the regional transportation planning process. Membership on the RTC is either by direct membership or
group representation. Currently John Murphy, Councilmember, City of Richardson has represented our
member group (Cities of Richardson, Addison, Murphy, Sachse, and Wylie) since 1993. She reported
that Mr. Murphy is agreeable to serving another term.
Council Discussion
Councilman Porter stated that as an executive board member of the North Central Texas Council of
Governments, he currently serves with Mr. Murphy. He reported that Mr. Murphy was very knowledgeable
in the area of regional transportation and had done a great job in representing the member cities in the
past. He recommended the City of Wylie nominate Mr. Murphy to continue to serve on the RTC for the
Dallas- Fort Worth Metropolitan Area.
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to recommend the
appointment of John Murphy (Councilman), City of Richardson, to serve as a member of the
Regional Transportation Council (RTC) for the member cities of Richardson, Addison, Sachse,
Murphy, and Wylie. A vote was taken and passed 6-0 with Mayor Hogue absent.
4. Consider, and act upon, Resolution No. 2008-25(R) accepting membership in the
Cities Aggregation Power Project (CAPP), approving the CAPP Bylaws and
Articles of Incorporation and appointing the Purchasing Agent as the City's
representative. (J. Butters, Assistant City Manager)
Staff Comments
Assistant City Manager Butters addressed Council stating that the Cities Aggregation Power Project, Inc.
(CAPP) was created in 2001 as a non-profit political subdivision corporation in response to the
deregulation of the Texas electric market. CAPP is a cooperative buying group that pools the electric
power requirements of member cities in order to negotiate lower, more stable rates through bulk
purchasing. Aggregation is the legal term used to describe this cooperative group purchasing of
electricity. CAPP membership is open to any political subdivision and the group currently has over 100
members, including most of the municipalities in North Central Texas.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Goss to approve
Resolution No. 2008-25(R) accepting membership in the Cities Aggregation Power Project
(CAPP), approving the CAPP Bylaws and Articles of Incorporation and appointing the
Purchasing Agent as the City's representative. A vote was taken and passed 6-0 with Mayor
Hogue absent.
Minutes—July 8„ 2008
Wylie City Council
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READING OF ORDINANCE
Title and caption approved by Council as required by Wylie City Charter, Article III, Section I3-D.
City Secretary Ehrlich read the caption to Ordinance No. 2008-32 into the official record.
ADJOURNMENT
With no further business before Council, Councilman Young made a motion to adjourn the
meeting at 7:24 p.m. Consensus of Council was to adjourn.
Eric Hogue, M
ATTEST:
Caro e Ehrlich, C' Secretary ., Y�r 0,P.\.
Minutes—July 8„ 2008
Wylie City Council
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