05-23-2006 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, May 23, 2006 — 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 Eric Hogue, Councilwoman Reta Allen, Councilman Earl Newsom,
Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young.
Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy
Manson; Finance Director, Larry Williamson; City Engineer, Chris Hoisted; Police Chief,
Jeff Butters; Public Services Director, Mike Sferra; Library Director Rachel Orozco, City
Secretary, Carole Ehrlich, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Associate Pastor of the Murphy Road Baptist Church, Scott Babb gave the invocation
and Councilman White led the pledge of allegiance.
PRESENTATIONS
• Presentation to 6th Six Weeks Star Students—Character Trait of"Citizenship"
Mayor Mondy and Mayor Pro Tern Hogue presented certificates of recognition to those
students nominated for the character trait of "Citizenship".
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.
Mr. Doyce Taylor of 207 Highway 78 South with a business address of 2207 N. Center
Street, Bonham, Texas, addressed Council requesting a change in zoning of
Community Retail to include the sale of beer and wine. Mayor Mondy asked Assistant
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City Manager, Mindy Manson to meet with Mr. Taylor regarding this issue and, if
needed, bring this item back to Council.
CANVASS OF ELECTION
• Consider, and act upon, Resolution No. 2006-14(R) declaring the results of the
Official Canvass of the General Election of May 13, 2006.
Staff Comments
City Secretary Carole Ehrlich addressed Council stating that Resolution 2006-14(R) makes final
approval of the election that was held on May 13, 2006. All of the results were in the Council
packets for review and the Resolution has the totals included. Mayor Mondy asked if the
results of the General Election and the Special Election could be considered together. City
Secretary Ehrlich stated that there are two separate Resolutions and a motion is needed for
each.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to
accept Resolution No. 2006-14(R) declaring the results of the Official Canvass of the
General Election of May 13, 2006. A vote was taken and passed 7-0.
• Consider, and act upon, Resolution No. 2006-15(R) declaring the results of the
Official Canvass of the Special Election of May 13, 2006.
Staff Comments
City Secretary Carole Ehrlich addressed Council stating that this is the result of the Local Option
Election which was held on May 13, 2006. Both of the Propositions passed and the results of
the election are included as part of the proposed Resolution.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to
accept Resolution No. 2006-15(R) declaring the results of the Official Canvass of the
Special Election of May 13, 2006. A vote was taken and passed 7-0.
ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS
• Presented by Mayor John Mondy.
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Mayor Mondy presented a Certificate of Election to newly elected Councilman M. G. "Red"
Byboth.
ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL MEMBERS
• Administered by Judge Johnny Lewis.
Judge Johnny Lewis administered the Oath of Office to the newly elected council member,
Councilman M. G. "Red" Byboth, Place 2.
Mayor Mondy presented a plaque to Councilwoman Reta Allen as she relinquished her
Place 2 seat to Councilman Byboth. The plaque recognizes 16 years of service as
Councilwoman and Mrs. Allen's commitment, vision and leadership to the City of Wylie.
Mrs. Allen spoke briefly regarding her service to the City and also thanked staff and the
citizens of Wylie.
ELECTION OF MAYOR PRO TEM
• Consider, and act upon, appointment of the Mayor Pro Tem for a one year term
beginning May 2006 and ending May 2007.
Council Action
A motion was made by Councilman Newsom, seconded by Councilman White to
appoint Councilman Eric Hogue as Mayor Pro Tern for a one year term beginning May
2006 and ending May 2007. A vote was taken and failed — 3 to 4. Councilman Hogue,
Councilman Newsom and Councilman White voting for and Mayor Mondy, Councilman
Young, Councilman Porter and Councilman Byboth voting against.
A motion was made by Councilman Young, seconded by Councilman Byboth to appoint
Councilman Carter Porter as Mayor Pro Tern for a one year term beginning May 2006
and ending May 2007. A vote was taken and passed — 4 to 3, with Mayor Mondy,
Councilman Byboth, Councilman Young and Councilman Porter voting for and
Councilman Newsom, Councilman Hogue and Councilman White voting against.
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. Approval of the Minutes from the May 9, 2006 Regular Meeting of the City Council.
(C. Ehrlich, City Secretary)
B. Consider, and act upon, a Preliminary Plat for the Woodbridge Addition, Phase 13,
generally located west of Woodbridge Phase 12 and north of Woodbridge Phase
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10C, at the intersection of Lost Highlands Lane and Fairland Drive. (M. Manson,
Assistant City Manager)
C. Consider, and act upon, a Preliminary Plat for Wylie Corners Addition, generally
located on the southwest corner of S.H. 78 and Kreymer Lane. (M. Manson,
Assistant City Manager)
D. Consider, and act upon, a Farm Lease Agreement with Larry Allen for hay
production on City property. (M. Sferra, Public Services Director)
E. Consider, and act upon, an Encroachment on Easement Agreement with TXU
Electric Delivery Company to construct and operate a hike and bike trail in the
TXU easement located in Birmingham Farms. (M. Sferra, Public Services Director)
F. Consider, and act upon, an amendment to the Engineering Services Agreement to
Birkhoff, Hendricks & Conway, L.L.P., for the Creekside Elevated Storage Tank, in
the amount of$22,000.00, to add the design of approximately 1,200 linear feet of 20-
inch water line. (C. Holsted, City Engineer)
G. Consider, and act upon, an agreement with the United States Army Corp of
Engineers, for a sum not to exceed $49,533.00, for the provision of additional law
enforcement services from May 26, 2006 to September 9, 2006. (J. Butters, Chief of
Police)
H. Consider, and act upon, Resolution No. 2006-16(R) ordering a Special Runoff
Election to be held on June 17, 2006 for the purpose of electing a City Council
member, Place 4, to the Wylie City Council. (C. Ehrlich, City Secretary)
I. Consider, and act upon, a contract to administer a Special Runoff Election on June
17, 2006, by Collin County Elections Administration. (C. Ehrlich, City Secretary)
J. Consider, and place on file, the Quarterly Investment Report, Quarterly Grant
Report, and the Monthly Revenue and Expenditures Report ending March 31, 2006.
(L. Williamson, Finance Director)
Council Action
Mayor Mondy announced that Item #D had been requested to be removed, by staff.
Councilman Young asked if it was too early to address the height of the fence regarding
Item #C., Assistant City Manager, Mindy Manson explained that the height of the fence
would be dealt with or reviewed at the time of the site plan. A site plan has been
submitted for a portion of the property. It has been reviewed and approved by the
Planning Commission. We have within our codes a residential adjacency requirement
that whenever there is commercial adjacent to residential, it requires solid masonry
fence between six and eight feet in height. Councilman Young asked Councilman
Byboth how tall a fence would need to be to not allow someone sitting in the cab of a
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semi truck to see into a residential backyard. Councilman Byboth stated eight or eight
and half feet, depending on the type of tractor.
Council Action
A motion was made by Councilman Byboth, seconded by Councilman Young to accept
the Consent Agenda, with the exception of Item #D which has been removed per the
request of staff. A vote was taken and passed 7-0.
REGULAR AGENDA
GENERAL BUSINESS
1. Consider, and act upon, authorizing the Wylie Economic Development Corporation
to expend $102,000 and enter into debt in the amount of $340,000 to purchase
±0.9212 acres from Mr. James L. Hughes. (S. Satterwhite, WEDC Executive Director)
Staff Comments
WEDC Executive Director Sam Satterwhite addressed Council stated the WEDC is under
contract with Mr. James L. Hughes to purchase 0.9 acres on highway 78 at the end of industrial
court. This property is made up of two different tracts. A .7 acre tract with two 5000 square foot
industrial buildings and a 1400 square foot storage building. That property was under contract
for $425,000.00. There is a second parcel which is utilized as KCS Railroad Right-of- Way that
was subsequently donated to the County. Mr. Satterwhite explained that Mr. Hughes has just
closed on that parcel for $42,000.00. So the total purchase price of both tracts is $467,000.00.
The WEDC has interest in this property—two fold; secure industrial buildings along Highway 78
to prepare for the redevelopment, and expand the inventory of smaller industrial buildings for
companies to utilize/lease for an interim time while building their own building in Wylie. Mr.
Hughes is going to finance $340,000 of this purchase at 6% and the annual debt service is
$45,296.00.
Council Discussion
Mayor Mondy asked WEDC Executive Director Satterwhite if there were tenants on the two
tracts of property. Mr. Satterwhite stated that there is a tenant leasing one of the tracts, and
WEDC is in communication with a local company to expand their facilities into the second
property that, at this time, is not occupied. Mayor Mondy asked for the term of the lease on the
property. Mr. Satterwhite explained that the existing lease is a month to month lease and would
be renegotiated if Council approved funds to expend monies and enter into debt. Mayor Mondy
asked how much notification time would have to be given if it was decided to sell the property or
if it is sold. Mr. Satterwhite stated that it has not been determined formally, although there
have been informal discussions regarding a (6) month window. Mr. Satterwhite further stated
that with the redevelopment process along Highway 78, anything starting probably wouldn't end
for a year which would allow a long enough window to give companies proper notice to vacate.
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Council Action
A motion was made by Councilman Young, seconded by Councilman Byboth to
authorize the Wylie Economic Development Corporation to expend $102,000 and enter
into debt in the amount of $340,000 to purchase ±0.9212 acres from Mr. James L.
Hughes. A vote was taken and passed 7-0.
2. Consider, and act upon, Resolution No. 2006-17(R) approving procedures for the
2006 Boards and Commission Interview Process and the appointment of a 2006 City
Council Interview Panel to conduct said interviews. (C. Ehrlich, City Secretary)
Staff Comments
Mayor Mondy stated that in the past, the Mayor Pro Tern and two other Council members
participated in this interview process. Councilman Young requested the postponement of this
appointment process until after the July 11, 2006 Council meeting so that there would be a set
council. City Secretary Ehrlich addressed Council explaining that the Board and Commission
members have to be appointed by the end of June to take their positions on the various boards
on July 1, 2006. She stated that the interview process has to be completed in June. Mayor
Young asked if there were any objections to Mayor Pro Tern Porter, Councilman White and
Councilman Byboth serving on this 2006 panel. There were none. Councilman White stated
that with schedule conflicts, he would not be able to serve on the Interview panel. Mayor
Mondy asked Councilman Newsom if he would be available and Mr. Newsom stated that he
would be available.
Council Action
A motion was made by Councilman Young, seconded by Councilman Byboth to appoint
Mayor Pro Tern Porter, Councilman Byboth and Councilman Newsom to the 2006 City
Council Interview Panel and approve Resolution No. 2006-17(R) approving procedures
for the Boards and Commissions Interview Process. A vote was taken and passed 7-0.
Mayor Mondy recessed into Executive Session at 6:30 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code,
to wit:
Recess into Closed Session in compliance with Section 551.001 et. seq., Texas Government
Code, to wit:
a. Section 551.071. Meeting with City Attorney (including appointed insurance
counsel) 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:
i. Cause 416-1091-06: Moore v. City of Wylie, Texas;
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In addition to any specifically identified Executive Sessions, Council may convene into Executive
Session at any point during the open meeting to discuss any item posted on this agenda. The
Open Meetings Act provides specific exceptions that require that a meeting be open. Should
Council elect to convene into Executive Session, those exceptions will be specifically identified
ad announced. Any subsequent action, as a result of this Executive Session, will be taken and
recorded in open session.
Mayor Mondy and Council reconvened into Open Session at 7:30 p.m.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
No action was taken as a result of Executive Session.
Mayor Mondy recessed for a 10 minute break at 7:30 p.m.
WORK SESSION
• Presentation by the architectural firms of Architexas/Holman Moss Architecture,
L.L.P., Brinkley Sargent Architects/PSA Dewberry, and F & S Partners for design
services related to the New City Hall, Library and Recreation Center. (M. Roath,
City Manager)
Mayor Mondy and Council reconvened into a Work Session at 7:40 p.m. for a
presentation by the architectural firms of Architexas/Holzman Moss Architecture, L.L.P.,
Brinkley Sargent Architects/PSA Dewberry, and F & S Partners for design services
related to the New City Hall, Library and Recreation Center. Councilman Newsom,
,J Councilman Byboth, Councilman White, Councilman Young and Mayor Pro Tem Porter
were in attendance. Councilman Hogue arrived at 7:50 p.m.
Staff Comments
City Manager Roath addressed Council stating that in moving the facilities of the Bond program
forward, a committee was formed in February 2006 and worked on a request for qualifications
and put together a qualifications packet which was solicited for qualified architects by the
purchasing agent. The Committee received fifteen (15) architectural firm responses and ranked
those responses individually; later meeting and narrowing the applicants to a short list (fifteen
(15) to six (6) firms). The committee then began the process of reviewing the references of all
six firms and scheduled tours of facilities the firms had designed. Ultimately the committee
interviewed all six firms and short listed those six down to three firms which are the firms
presenting tonight to Council. City Manager Roath stated that the first firm, Architexas/Hozlman
Moss will be addressing Council. City Manager Roath stated that Mr. Craig Melde was present
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to begin the process and has been asked to limit remarks/presentation to 20 minutes with
questions and answers to follow.
Representative/Presentation -Architexas/Holzman Moss
Craig Melde, Principal representing the firm of Architexas/Holzman Moss addressed Council.
Mr. Melde presented Council with an agenda of their presentation. Mr. Meade stated that
Architexas is a 26 year old firm and can best be categorized as a firm that somewhat
specializes in historic preservation and is known for courthouse restoration projects across the
state and has completed 12 projects with 22 clients. Mr. Meade stated that they have worked
over 10 years with the City of Grapevine and the City of Dallas in the construction of several of
their respective facilities. Mr. Meade gave an overall introduction of Architexas/Holzman Moss
staff and their working relationships with municipalities across the state and with construction
managers.
Mr. Melde introduced Mr. David Chase as the Project Manager. Mr. Meade stated that Holzman
Moss Architecture will be primarily responsible for the design of the project. Malcolm Holzman
will be the lead designer and Douglas Moss will be a collaborative designer and they will be
primarily responsible for the programming, planning and design of the buildings.
Architexas/Holzman Moss proceeded with their presentation and design services. Several
completed facilities were also presented and reviewed by Council.
Council Questions
Mayor Mondy asked with costs/expenses being equal, why should the Council select
Architexas/Holzman Moss. Mr. Melde and Mr. Holzman that the experience of all three
types of buildings can be accomplished by Architexas/Holzman Moss because they
have completed all of these types of buildings and worked with construction managers.
He explained that the firm's philosophy is to work with the city and community in the
design process which makes it unique. He stated that the firms also have a very good
relationship with the three construction managers that the City is considering. Council
member Hogue asked if the relationship was a social relationship or every day working
relationship. Mr. Melde stated that it is a working and a professional relationship.
Mayor Mondy asked about the construction manager. City Manager Roath stated that
the two construction manager finalist would be brought to Council at the next Council
meeting for consideration, and once Council selects that firm, they will work with the
design/architect firm during the design phase. The two firms will continue to do cost
estimating to make sure that when the City finalizes the agreement with the construction
manager, the amount will be the final agreed cost, prior to the construction phase.
Mayor Mondy asked if the City was going to take advantage of the 8.25% sales tax
exemption for the purchase of raw materials. City Manager Roath stated that this is a
very good question and that it hits on an interesting issue and with his past experience
legislation was passed that exempted the city from sales tax when buying certain
quantities of items, which resulted in savings that the construction manager was able to
utilize when they began construction of the buildings. City Manager Roath further stated
that staff would have to work with Bond Counsel to enact appropriate legislation to do
this.
Mayor Mondy asked if Architexas/Holzman had a problem with this exclusion of sales
tax. Mr. Holzman stated he did not and that some of their clients had utilized this
exemption this in the past. Council member Hogue asked what some of the mistakes
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were that cities make when they start to build. He also asked if Architexas/Holzman
Moss would be there to tell the City if there was a better way to approach something.
Mr. Holzman stated that they would. He explained that the most difficult aspect of this
project is the constrained facilities the City is operating under currently. He stated that
this is the City of Wylie's opportunity for the next 25 or 50 years to imagine what this
community can be. We like to challenge our clients and say that it needs to be better
than what you have now but is that really the vision for this community is that what you
really want to have here and when you come back in 2025 is this really going to be
something that you are going to be proud of. The greatest difficulty that we see is the
Council not being open enough to consider something that big. Council member
Young asked if there were any projects where their firm went over budget. The
response was, other than changes in design, there were none.
Staff Comments
City Manager Roath addressed Council stating that the second firm on the finalist list
recommended to Council is Brinkley Sargent Architects/PSA Dewberry. Mr. Dwayne Brinkley
will be addressing Council.
Representative/Presentation — Brinkley Sargent Architects/PSA Dewberry
Mr. Dwayne Brinkley of Brinkley Sargent Architects/PSA Dewberry addressed Council. Mr.
Brinkley stated that the firm will touch on the great opportunity to create a unique sense of
space for the city; whether it is a unified site or separate sites. Mr. Brinkley stated municipal
projects are usually what they do and they have worked with many cities in expansion mode
and they have consistency in their designs. Mr. Brinkley introduced staff of Brinkley Sargent
Architects/PSA Dewberry. The presentation consisted of several completed designs/facilities
that were completed by Brinkley Sargent Architects/PSA Dewberry. Denelle Wrightson of PSA
Dewberry presented completed Library designs to the Council. Brinkley Sargent addressed the
issue of "why hire us". It was stated that these are the projects that Brinkley Sargent does.
Also budget is a key item which their firm specializes in. Mr. Brinkley stated that they will have a
consistency of their design process.
Council Questions
Mayor Mondy asked why the City should hire Brinkley Sargent Architecture/PSA
Dewberry. The response from Brinkley Sargent Architecture/PSA Dewberry was that
they understand the community and what the city went through to actually get the Bond
passed and this is a tremendous opportunity for the city to give something back to the
citizens, in the form of facilities they can use — City Hall, Library, and Recreation Center.
We have a grasp of that understanding and with that experience, continuity of the
design, etc. Mayor Mondy then asked when it comes to building these projects what
was Brinkley Sargent's opinion on the town center or the spacing of buildings. Brinkley
Sargent Architecture/PSA Dewberry stated that they have an open mind on either way
the city decides to build. Each city is unique. Council member Young asked if the firms
are one firm or two separate firms. Mr. Brinkley explained that they are separate firms.
Council member Mayor Mondy noted that the question is dealing with multiple firms and
explained that it is pretty commonplace that all three companies are good at certain
things and they augment their services by partnering with other firms. Councilman
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Young asked the City Manager with regards to insurance, what the City's exposure was
with these kinds of firms. City Manager Roath explained that the firms were required to
carry bonds and insurance to cover the City's liability. City Manager Roath further
explained that whatever firm was selected, staff would work with the City Attorney's
office, to make sure that there is proper coverage for these facilities. Councilmember
Young asked about two projects that were over projection and asked for a reason.
Mayor Pro Tern Porter asked the City Manager what happens to monies if the
construction of facilities are completed under cost. City Manager Roath stated that the
City has the option of not spending the money allowing the voters to pay less in taxes
for the bonds that are sold; or the monies could be used for other projects on the
second phase when bonds are issued; the City could opt to sell less bonds on the
second phase of the projects.
Staff Comments
City Manager Roath addressed Council stating that this is the third and final firm presenting to
Council. City Manager Roath stated that Anita Moran of F&S Partners will begin the
presentation.
Representative/Presentation — F&S Partners
Anita Moran, Principal in charge at F&S Partners addressed Council and gave an overview of
F&S Partners and its staff. Kip Jameson, Project Manager at F&S Partners addressed Council
explaining that he would be the day to day contact person. David Mills, Project Designer at
F&S Partners addressed Council and talked about the sites that have been selected and the
proposed buildings for those sites and also architectural image. David Mills presented several
concepts of the site — 4 tracts that were identified within the City Master Plan. Council was
presented with potential designs for each tract.
Lynn Metz, Interior Designer, Library Programmer at F&S Partners addressed Council regarding
the space and interior of the Library and also the Recreation Center. It was stated that F&S
Partners have designed 22 Recreation Centers. It was also noted that F&S Partners are
tremendously interested in this project and it is one architectural firm with the support of
consultants and one key core design team.
Council Questions
Mayor Mondy asked what is going to separate F&S Partners from the other firms. In
response, it was stated that F&S Partners have worked together as a team for a long
time and that F&S Partners have substantial experience in all three building types.
Mayor Mondy asked about higher level education as a firm. F&S Partners noted that
they have worked on 25 campuses, most within Texas. Mayor Mondy asked about
how large the firm is and it was noted that F&S has a staff of 50. Council member
Young asked how many projects are in progress right now. It was noted that there is
one project in progress right now and another team is currently working on it. Council
member Young asked where the City falls in size with regards to F & S projects. It was
noted that projects fall in the 5, 15 and 20 million dollar range and this project is average
to other projects F & S has designed. Council member Young asked City Manager
Roath what the amount allocated for City Hall was. City Manager Roath stated that the
amounts of the projects are: City Hall - $8,645,000.00, Library - $8,140,000.00, and the
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Recreation Center $10, 200,000.00. After further discussion, the question and answer
period was concluded.
Mayor Mondy recessed for a five (5) minute break at 9:50 p.m.
Mayor Mondy and Council reconvened into Regular Session at 9:55 p.m.
RECONVENE INTO REGULAR SESSION
3. Consider, and act upon, ranking the finalist architectural firms and authorizing the
City Manager to negotiate a professional design services contract beginning with the
top ranked firm for the New City Hall, Library, and Recreation Center. (M. Roath,
City Manager)
A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Porter to
rank the finalist architectural firms as follows: No. 1 - Architexas/Holzman Moss
Architecture; No. 2 - F & S Partners, and No. 3 - Brinkley Sargent Architects/PSA
Dewberry and authorize the City Manager to negotiate a professional design services
contract beginning with the top ranked firm for the New City Hall, Library, and
Recreation Center. A vote was taken and passed 7-0.
ADJOURNMENT
With no further business before Council, consensus of Council was to adjourn at
10:07p.m.
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Minutes-May 23, 2006
Wylie City Council
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