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07-25-2006 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, July 25, 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 Tem Carter Porter, Councilman Eric Hogue, Councilman Earl Newsom and Councilman Merrill Young. Councilman Red Byboth and Councilman Rick White were absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; City Engineer, Chris Hoisted; Interim Fire Chief, Noe Flores; Library Director, Racheal Orozco; Public Services Director, Mike Sferra; Building Inspection Director, Johnny Bray; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Mark Forrest representing the Murphy Road Baptist Church gave the Invocation and Mayor Pro Tern Porter led the Pledge of Allegiance. PRESENTATION • Presentation to Glenn R. Meeks, Volunteer, City of Wylie Fire Department (J. Mondy, Mayor/J. Scribner, Captain) Mayor Mondy, Interim Fire Chief Flores, and Captain Jeff Scribner presented a plaque of appreciation to retiring volunteer firefighter Glenn R. Meeks, thanking him for his many years of service to the Wylie Fire Department. 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. There was no one present to address Council during Citizens Comments. Minutes—July 25, 2006 Wylie City Council Page 1 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 July 11, 2006 Regular Meeting and July 18, 2006 Special Called Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a petition from Herzog Development Corporation to defer the construction of the screening wall and landscaping for Phase 1OC, 10D, and 12 of the Woodbridge Development. (C. Hoisted, City Engineer) C. Consider, and act upon, Ordinance No. 2006-43 amending Section 78-72(a) of the City of Wylie Code of Ordinances to allow for the acceptance of deeds in addition to the plat dedications for dedication of park land to the City. (M. Sferra, Public Services Director) D. Consider, and act upon, Ordinance No. 2006-44 amending Ordinance No. 2005-41 (FY 2005-2006 Annual Budget) approving an appropriation of funds, in the amount of $29,508.52, for the purchase of EOC video communication equipment, EOC furniture, fees for the initial lease of Fire/EMS electronic reporting equipment, subscription to Fire/EMS software license, and department training for electronic Fire and-EMS reporting technology. (N. Flores, Interim Fire Chief) Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. REGULAR AGENDA Public Hearings 1. Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-45 amending the zoning from Neighborhood Services (NS) and Agricultural (AG) District to Planned Development (PD) District to allow for mixed uses including retail and single-family residential of varied densities, generally located at the southwest corner of Sachse Road/Ballard Avenue and Pleasant Valley Road. ZC 2006-09 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the amendment of zoning request has been withdrawn by the applicant, Herzog Development Corporation. The subject property is located at Minutes—July 25, 2006 Wylie City Council Page 2 the southwest corner of Sachse Road/Ballard Avenue and Pleasant Valley Road. Council may consider accepting the withdrawal by the applicant. • Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Porter to accept the withdrawal of Zoning Case #2006-09 (Ordinance No. 2006-45) submitted by the applicant. (Herzog) A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. 2. Conduct a Public Hearing for the annexation of a 61.26 acre tract of land located in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located west of F.M. 544 and north of Elm Road. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2) public hearings at which persons interested in the annexation are given the opportunity to be heard. This is the second of the two required public hearings. This annexation is at the request of the property owner, Michael Hood. The property is located on the west side of F.M. 544, north of the recently approved Braddock Place development (the Rice property) and east of the Twin Lakes Subdivision. Public Hearing Mayor Mondv opened the Public Hearing at 6:11 p.m. No one was present to address Council. Mayor Mondy closed the Public Hearing at 6:11 p.m. No action other than the 2"d Public Hearing was required. Action on this item will be considered at the August 22, 2006 Regular Council Meeting. 3. Conduct a Public Hearing, consider, and act upon, Ordinance No. 2006-46 amending Planned Development 2003-01 to allow for a sports complex, generally located west of Hooper Road and south of Exchange Street and Regency Business Park Addition. ZC 2006-08 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the applicant, Herzog Development Corporation, is requesting an amendment to PD 2003-01 to allow for a sports complex on Tracts A-4 and A-3 of the subject property. The Planning Commission considered this request at the June 6, 2006 meeting and recommended approval by a vote of 6—0. Public Hearing Mayor Mondv opened the Public Hearing at 6:14 p.m. Minutes—July 25, 2006 Wylie City Council Page 3 No one was present to address Council. Mayor Mondy closed the Public Hearing at 6:14p.m. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance No. 2006-46 amending Planned Development (2003-01) to allow for a sports complex, generally located west of Hooper Road and south of Exchange Street and Regency Business Park Addition. (ZC 2006-08) A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. 4. Conduct a Public Hearing on the proposed Thoroughfare Impact Fees. (C. Holsted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees. On June 13, 2006 City Council adopted an Ordinance setting the date for a public hearing on the proposed Thoroughfare Impact Fees. Public Hearing Mayor Mondy opened the Public Hearing at 6:15 p.m. No one was present to address Council. Mayor Mondy closed the Public Hearing at 6:15 p.m. No action was required on this item. General Business 5. Consider, and act upon, Ordinance No. 2006-47 regarding Thoroughfare Impact Fees to be assessed by the City of Wylie. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that In accordance with Section 395 of the Local Government Code, a public hearing was conducted to receive public comments on the proposed Thoroughfare Impact Fees to be assessed by the City of Wylie. This will be the last step in establishing thoroughfare impact fees. Mayor Mondy asked Mr. Hoisted what the difference was in cost from zone to zone. Mr. Hoisted stated that the cost difference was based according to the amount of improvements required for each zone. Those improvements must include all areas within a 6 mile radius. The City was basically split into two sections (zones) divided by S.H. 78. He explained that more improvements were needed on the east section (zone)of town, thus the difference in fees. Mayor Mondy asked Mr. Hoisted if splitting the city into two zones had the most cost benefit. Mr. Hoisted replied that in his opinion it did because they are bigger areas to collect funds from. Councilman Young asked Mr. Hoisted if the fees would cover increasing construction cost for roads. Mr. Hoisted explained that the costs presented in this Ordinance covered current costs for road construction and improvements plus a contingency for increases in the future. He commented that in a few years, Council may wish to revisit the fees for cost effectiveness. Minutes—July 25, 2006 Wylie City Council Page 4 Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve Ordinance No. 2006-47 approving Thoroughfare Impact Fees to be assessed by the City of Wylie. A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. 6. Consider, and act upon, a nomination for the Collin County group representative to serve on the North Central Texas Council of Governments (NCTCOG) Regional Transportation Council (RTC) of the Dallas/Fort Worth area. (J. Mondy, Mayor/C. Ehrlich, City Secretary) Staff Comments Mayor Mondy addressed Council stating that membership on the Regional Transportation Council is either by direct membership or group representation. The Cities of Richardson, Addison, Wylie, Sachse, and Murphy currently share a seat on the RTC. Presentations were made by Greg Hirsch, Mayor Pro Tern, Town of Addison and John Murphy, Mayor Pro Tern, City of Richardson at the July 18, 2006 Called Council Meeting. The Cities have been requested by NCTCOG to deliberate on this nomination. Mayor Mondy explained to Council that the City of Murphy and the City of Richardson had previously cast their votes to nominate Mr. John Murphy which totaled over 50% of the votes for the group cities. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young, to nominate John Murphy, Mayor Pro Tern, City of Richardson as the NCTCOG Regional Transportation Council group representative. A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. 7. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, Ordinance No. 2006-42 establishing a Code of Ethics. (J. Fort, Attorney-at-Law, City Attorney's Office) Council Action Mayor Mondy made a motion to remove Ordinance No. 2006-42 from the table. Consensus of Council was to remove and consider. Staff Comments City Manager Roath explained that Mayor John Mondy voiced an interest in establishing a Code of Ethics for the City of Wylie at the June 13, 2006 City Council Meeting. The City Attorney's Office has drafted, and then revised, an Ordinance on ethics for Council consideration and possible action. Mayor Mondy commented that tonight there was not a full council and asked how the Council wished to proceed. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to re-table Ordinance No. 2006-42, establishing a Code of Ethics to the August 8, 2006 Council meeting to Minutes—July 25, 2006 Wylie City Council Page 5 consider/act with a full seated Council. A vote was taken and passed 5-0 with Councilman Byboth and Councilman White absent. 8. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, authorizing the City of Wylie to join with other cities in proceedings involving permitting of coal generation plants before the Texas Commission on Environmental Quality (TCEQ) and allocating an amount not to exceed $ . (J. Mondy, Mayor) Council Action Councilman Hogue made a motion to remove consideration of Item #8, (joining other cities in proceedings involving permitting of coal generation plants before TCEQ and allocating funds) from the table. Consensus of Council was to remove and consider. Staff Comments Mayor Mondy explained that Ms. Laura Miller, Mayor, City of Dallas forwarded to the Mayor a memorandum and White Paper involving potential proceedings before the Texas Commission on Environmental Quality regarding coal plants. He explained that since the tabling of this item at the July 11, 2006 Council meeting, the City Manager has contacted the City of Sachse, who has expressed willingness to consider cost sharing in this endeavor at their next council meeting. He reported that the City of Murphy has indicated that they would not want to participate. City Manager Roath reported that there was some indication that TXU Power was attempting to speed up the process of approval with TCEQ prior to any additional Federal Government requirements regarding green house effects. He asked Council to consider whether or not to authorize participation in this endeavor and if authorized, how much to contribute. He also reported that a representative from the City of Dallas, Mayor's Office, did indicate that they would be willing to accept less than the proposed $10,000.from cities joining the endeavor. Council Discussion Mayor Mondy stated that he believed the City has an obligation to at least get the information to our residents regarding what effects these coal generation power plants would have on our area. He stated that transportation dollars, for this area, could be directly tied to this clean air issue. I believe we owe this to our community and region to participate in the endeavor. Councilman Young asked if there was a difference in the wording as to whether this was a study or was expert representation before TCEQ regarding the power generation issue. City Manager Roath explained that this contribution would include a study by experts in this field and representation by these experts at the permit hearing for TXU Power. Councilman Newsom stated that he was afraid this type of intervention would turn out like California where power was over regulated and blackouts were happening. Mayor Pro Tern Porter stated that he believed a study should be done to find better ways to generate power without damaging the air. He stated that scrubbers alone would not fix the problem. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Young to authorize the City of Wylie to join with other cities in proceedings involving permitting of coal generation plants before the Texas Commission on Environmental Quality and allocating an amount not to exceed $5,000.00. A vote was taken and passed 4-1 with Mayor Mondy, Mayor Pro Tern Porter, Councilman Hogue and Councilman Young voting for and Councilman Newsom voting against. Councilman Byboth and Councilman White were absent. Minutes—July 25, 2006 Wylie City Council Page 6 9. Consider, and act upon, AIA Document B141 — 1997, Part 1 and Addendum #1, Part 2, and MA Document G606 — 2000 between the City of Wylie and ARCHITEXAS — Architecture, Planning and Historic Preservation, Inc., related to design services for the new library. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the City Council selected ARCHITEXAS as the architectural firm to design the new Library, City Hall and Recreation Center. Upon Council's selection, the City Administration began the negotiation process for a contract. Mr. Roath explained that the presented documents included master contracts for City Hall, Recreation Center and the Library. Addendum #1 covers the library design and cost thereof; this being the first project of the bond package. He stated that this contract included $50,000 for site selection on an "as needed" basis and $75,000. for the re-assessment of the 2004 Needs Assessment to make sure the areas addressed were still pertinent. He explained that Mr. Craig Melde of ARCHITEXAS was present to answer any question. He noted that the contract had been reviewed by the City Attorney's Office. Mayor Mondy asked City Manager Roath if the council choose the site for these buildings without much discussion could the cost of$50,000. be saved. Mr. Roath replied that it could. Architect/Council Discussion Mayor Mondy asked Mr. Melde with steel, concrete and other construction costs going up, was there enough funds based on the bond proposal to build these buildings and would the square footage change from that originally proposed. Mr. Melde replied that his company is charged with the responsibility to confirm square footages and cost to make sure these projects stay on budget. He explained that the option the City had chosen to obtain a design architect and a construction manager was a good choice and would allow both parties to make sure this project comes in on budget. He explained that there are choices in construction materials that can lower the cost for the buildings and allow for the same square footage. These options will be completely studied before any recommendations/options are made. He did advise Council to move forward as soon as possible due to the rising costs. Mr. Roath explained that the contract called for 9 months for the library design but he felt it could be designed in 7 months. Mr. Melde stated that the City may also want to share some spaces between buildings which would also be a cost savings. Mayor Mondy asked if these buildings would be built "to last". Mr. Melde replied that absolutely they would. ARCHITEXAS is committed to sustainable architecture and that means low maintenance products and materials that will last and keep maintenance down. We will also make sure these buildings use energy conservation and the buildings are"green" buildings. Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tem Porter to accept and approve AIA Document B141- 1007, Part 1 and Addendum#1 Part 2, and AIA Document G606- 2000 between the City of Wylie and ARCHITEXAS, Architecture, Planning and Historic Preservation, Inc. related to design services for the new library. A vote was taken and passed 5- 0 with Councilman Byboth and Councilman White absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Carole Ehrlich read the captions to Ordinances 2006-43, 2006-44, 2006-46, and 2006-47 into the official records. Mayor Mondy convened into Work Session at 6:47 p.m. Minutes—July 25, 2006 Wylie City Council Page 7 WORK SESSION • Discussion on the City of Wylie FY 2006/2007 Annual Budget. (M. Roath, City Manager) City Council and staff discussed the proposed FY 2006/2007 Annual Budget pertaining to the General Fund. City Council scheduled two additional work sessions; July 31, 2006 and August 1, 2006 to further discuss the proposed budget. ADJOURNMENT With no further business before Council, Councilman Young made a motion to adjourn at 9:30 p.m. Consensus of Council was to adjourn. n John Mondy, Mayor `vo11111Iii,,, vm .F` ATTEST: "- .. , . .<„, ,,,,:.,..,..,,,x,, ,„,„,t,E. -T. ''„‘‘`‘ Carole hrlich, C' ecretary Minutes—July 25, 2006 Wylie City Council Page 8