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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 Minutes—May 23, 2006 Wylie City Council Page 1 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. Minutes— May 23, 2006 Wylie City Council Page 2 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 Minutes—May 23, 2006 Wylie City Council Page 3 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 Minutes— May 23, 2006 Wylie City Council Page 4 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. Minutes—May 23, 2006 Wylie City Council Page 5 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; Minutes—May 23, 2006 Wylie City Council Page 6 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 Minutes—May 23, 2006 Wylie City Council Page 7 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 Minutes—May 23, 2006 Wylie City Council Page 8 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 Minutes— May 23, 2006 Wylie City Council Page 9 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 Minutes— May 23, 2006 Wylie City Council Page 10 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. \`t�tt►u i irrrrr,�� •\ � O F I�►�y%,,, Jo n Mond , M or ATTEST: 411P = SEAL Carofe Ehrlich, y ecr tary '% yCj...TE''0\`',�� '-,/rrrIro%tttk�a‘ Minutes-May 23, 2006 Wylie City Council Page 11