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08-08-2006 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, August 8, 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 Carter Porter, Councilman Eric Hogue, Councilman Red Byboth, Councilman Earl Newsom, Councilman Rick White, and Councilman Merrill Young (arrived at 7:28 p.m.). 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; Library Director, Racheal Orozco; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Dave Eden representing the New Hope Church gave the Invocation and Councilman White led the Pledge of Allegiance. 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. 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 25, 2006 Regular Meeting, July 31, 2006 and August 1, 2006 Special Called Meetings of the City Council. (C. Ehrlich, City Secretary) Minutes—August 8, 2006 Wylie City Council Page 1 B. Consider, and act upon, a Final Plat for A & W Properties Addition No. 2, generally located north of F.M. 544 and west of F.M. 1378 (Country Club Drive). (M. Manson, Assistant City Manager) C. Consider, and act upon, a petition from Adams Engineering to defer the installation of landscaping for Collins Estates Subdivision. (C. Holsted, City Engineer) D. Consider, and act upon, acceptance of a Tobacco Compliance Grant from the State of Texas Comptroller's Office in the amount of$3,000.00. (J. Butters, Police Chief) E. Consider, and act upon, authorizing the Mayor to enter into a Child Abuse Task Force Interlocal Agreement. (J. Butters, Police Chief) F. Consider, and act upon, approval and final acceptance of the Alanis Drive Paving Project, authorization of final payment, in the amount of $199,558.75, to Site Concrete, Inc., and acceptance of the project as complete. (C. Holsted, City Engineer) Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Young absent. REGULAR AGENDA Public Hearing 1. Conduct a Public Hearing and consider, and act upon, Ordinance No. 2006-48 amending Ordinance No. 2006-28 (Establishing regulations governing the sale of alcoholic beverages). (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that Ordinance No. 2006-28 permits the sale of alcohol in the Corridor Commercial (CC), Light Industrial (LI), Heavy Industrial (HI), and Downtown Historic Districts (DTH). Ms. Manson stated that with the original ordinance, it was the intent of staff and Council to be as conservative as possible. Since adoption of the ordinance, staff has received four requests that the ordinance be amended to permit the package sale of alcohol in all non-residential zoning districts. She further explained that in reviewing the Texas Alcoholic Beverage Codes, it was required that all businesses be treated the same in regard to the sale of beer and wine. Simply put, we can not treat grocery stores and convenience stores differently than other retail stores; across all retail districts. Ms. Manson stated that she would be happy to answer any questions. Councilman White asked if a retail store surrounded by residential housing would be permitted to sell beer and wine if they were within the new proposed ordinance. Ms. Manson replied that yes they could, within the Community Retail and Community Services; they would still have to meet all other zoning requirements as to distance from churches and schools. Councilman White asked if the issuance of a Special Use Permit could be required in these areas. Ms. Manson stated that according to the law, convenience stores in retail areas had to be treated the same and could not have additional requirements not required of other retail zoning areas. Mayor Mondy asked what options were available. Ms. Manson stated the only control that the City could take would be to disallow any convenience stores in the retail areas in question if Council wished Minutes—August 8, 2006 Wylie City Council Page 2 not to sell beer and wine in these areas. Councilman Newsom asked Ms. Manson if this proposed Ordinance was taking the existing Ordinance and realigning it with State Law. Ms. Manson replied that it was. Public Hearing Mayor Mondy called opened the Public Hearing at 6:05 p.m. William Doyce Taylor, operator/owner of the Kwik Chek, 617 S. Highway 78, Wylie, Texas addressed Council stating that he was very much in favor of the amendments in Ordinance (2006-48) establishing regulations governing the sale of alcoholic beverages. He stated that he believed the amendment provided competitive sales and was fair to all retailers in Wylie. Mayor Mondy closed the Public Hearing at 6:07 p.m. Council Discussion Council Action A motion was made by Councilman Byboth, seconded by Mayor Mondy to approve Ordinance No. 2006-48 amending Ordinance No. 2006-28 (Establishing regulations governing the sale of alcoholic beverages). A vote was taken and passed 6-0 with Councilman Young absent. General Business 2. (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 A motion was made by Councilman Hogue to remove Item #2 (Ordinance No. 2006-42 from the table). Consensus of Council was to remove and consider. Council Discussion Councilman Hogue read comments given by Councilman Young stating that Councilman Young did not believe a City Code of Ethics was required due to the Texas State Laws which addressed all items within the proposed City Ordinance. He also stated that he did not believe Wylie Board and Commissions should be disallowed from doing business with the city when acting under the State bidding requirements; however Council should not. Councilman Hogue then explained to Council that he had contacted the City Attorney's Office regarding this proposed code. He explained that he had problems with the restrictions it enacted. He explained that with this ordinance in place, there would be issues with doing simple proclamations for citizens and other types of common communication and awards. He stated that he had asked Ms. Fort at the City Attorneys Office if other cities had adopted these types of ethics ordinances. He explained that she replied that Frisco had adopted such an ordinance and had regretted that action. He stated that if the City of Wylie Charter and other local laws addressed ethics, then there was no need to readdress these issues. Mayor Pro Tern Porter commented that there were other ethics ordinances that could be adopted in lieu of this ordinance. Mayor Mondy replied that they all restate the requirements in State Law. Councilman Byboth stated that he felt a City Ordinance would be redundant. Councilman White asked if other cities had Ethics Ordinances. Councilman White asked if other cities could be polled to see if they had an Ethics Ordinance in place. Mayor Mondy stated that at the end of the day, what Minutes—August 8, 2006 Wylie City Council Page 3 willing to live with under public scrutiny. Mayor Mondy stated that he wanted to withdraw his sponsorship regarding this item. No Action Taken Consideration of Ordinance No. 2006-42 establishing a Code of Ethics was not taken due to the lack of a motion. "Denied due to lack of a motion". 3. Consider, and act upon, Ordinance No. 2006-49 setting the prima facie speed limits for State Highway 78. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that TxDOT recently completed a speed-zone study for S.H. 78 in the City of Wylie. Approval of this ordinance will authorize TxDOT to install the appropriate speed limit signs along S.H. 78. Mayor Mondy asked if there was anything that could be done to make sure these recommendations were correct. City Engineer Hoisted stated that the only thing the City could do, would be to request from TxDOT additional speed work (survey). He explained that when the new lanes were constructed on S.H. 78, another survey would be conducted. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Porter to approve Ordinance No. 2006-49 setting the prima facie speed limits for State Highway 78. A vote was taken and passed 6-0 with Councilman Young absent. 4. Consider, and act upon, issues surrounding the Wylie Economic Development Corporation (WEDC) for FY 2006-2007 Budget. (S. Satterwhite, WEDC Executive Director) Staff Comments WEDC Executive Director Satterwhite addressed Council stating that the Wylie Economic Development Corporation Board of Directors approved the proposed FY 2006-2007 Budget on July 20, 2006. Mr. Satterwhite reviewed some of the areas of the proposed budget and what they included. He explained that there would be $1.7 million dollars available from revenues in the FY 2006-2007 budget year. He explained that 12% was listed for personnel, 17% operating, and 71% was direct economic development programs. Mr. Satterwhite answered questions from Council. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to approve the Wylie Economic Development Corporation (WEDC) FY 2006-2007 Budget as presented. A vote was taken and passed 6-0 with Councilman Young absent. 5. Consider, and act upon,Resolution No. 2006-22(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2006-2007; accepting the calculation of an effective tax rate; establishing dates for public hearings on the proposed property tax rate; and providing for the publication as provided by the Texas Property Tax Code. (L. Williamson, Finance Director) Minutes—August 8, 2006 Wylie City Council Page 4 Staff Comments Finance Director Williamson addressed Council stating that In accordance with the "Truth in Taxation" laws of the State of Texas, notices must be published and two public hearings must be held if an entity's proposed tax rate exceeds the effective tax rate. The first scheduled public hearing will take place on August 22, 2006. A second public hearing is scheduled for August 29, 2006. The City Council's vote on the tax rate is scheduled for September 12, 2006. Mr. Williamson stated that the proposed tax rate for the 2006-2007 fiscal year was $.715 per $100 of valuation. He stated that the effective tax rate for this time period was $.665. Council Discussion Mayor Mondy asked Mr. Williamson if the City had received the certified tax roll. Mr. Williamson replied that the certified roll had been received last Friday, but this proposed tax rate was based on the preliminary tax roll. Mayor Mondy then asked if the Council was voting on an invalid number. Mr. Williamson stated that there was actually $50 million dollars more in assessed value contained in the certified roll and would provide the City with additional funds and allow Council to work with the proposed tax rate/budget. Mayor Mondy asked if this proposed tax rate would place the City anywhere close to a roll back tax rate. Mr. Williamson replied that the roll back rate was set at $.726 per $100 of valuation. Mayor Mondy asked when the final proposed budget would come back to Council. City Manager Roath replied that the Compensation Task Force had met once and planned to meet again this week. He explained once the committee recommendations were received and other suggested changes were made, an additional work session could be called. Mayor Mondy asked that a work session be called for August 15, 2006 to discuss the proposed 2006-2007 budget. Council Action A motion was made by Councilman Hogue, seconded by Councilman Newsom to approve Resolution No. 2006-22(R) accepting the proposed property tax rate for fiscal year 2006-2007; accepting the calculation of a effective tax rate; establishing dates for public hearings for August 22, 2006 and August 29, 2006 at 6:00 p.m. in the City Council Chambers; and providing for the publication as provided by the Texas Property Tax Code. Mayor Mondy then took a roll call vote with Mayor Mondy, Mayor Pro Tern Porter, Councilman Hogue, Councilman Newsom, Councilman Byboth, and Councilman White voting for with Councilman Young absent. 6. Consider, and act upon, Ordinance No. 2006-50 of the City of Wylie, Texas amending Ordinance No. 2005-41 (2005-2006 Annual Budget) and approving an appropriation of funds, in the amount of $4,000.00, for the purpose of purchasing furniture and equipment for the Mayor's office. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that with the WEDC Executive Director relocating his office from the City Hall, Mayor John Mondy has requested that the office be furnished. Adoption of Ordinance No. 2006-50 would amend the 2005-2006 Annual Budget to provide funds for the purchase of items for the office. Council Discussion Mayor Mondy stated that he did not know why this item was not included in the new budget. City Manager Roath explained that the timeline for ordering furniture was 6-7 weeks and if he waited until October to order, the furniture would not be in before the end of November or December. Minutes—August 8, 2006 Wylie City Council Page 5 Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman White to approve Ordinance No. 2006-50 of the City of Wylie, Texas amending Ordinance No. 2005-41 (2005- 2006 Annual Budget) and approving an appropriation of funds, in the amount of $4,000.00, for the purpose of purchasing furniture and equipment for the Mayor's office. A vote was taken and passed 6-0 with Councilman Young absent. 7. Consider, and act upon, Ordinance No. 2006-51 amending Ordinance No. 2005-41, (2005-2006 Annual Budget) to provide funds for Collin County Community College in the amount of$2,500; additional electricity in the amount of$75,000; a water rate study in the amount of $14,500; and asphalt work on West Brown Street in the amount of$293,700. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the adoption of Ordinance No. 2006-51 would amend the 2005-2006 Annual Budget to provide funds for electricity at municipal buildings, the city's portion of a $5,000 commitment to Collin County Community College Foundation, the recently completed water rate study, and asphalt work on West Brown Street. Council Discussion Mayor Mondy asked City Engineer Hoisted if the work completed by TxDot would make the numbers for the asphalt work on West Brown Street less. City Engineer Hoisted replied that it depended on what type of work the Council intended to do. If a complete asphalt overlay was requested, this number would be good but if the Council wished TxDot to perform the work, time would be the only factor. Mr. Hoisted explained that he did not believe work needed to be done at this time due to the road being redone in a couple of years. Mayor Mondy asked Mr. Hoisted if this was his recommendation; to not spend the $293,700. for the asphalt overlay. Mr. Hoisted replied that it was. Mayor Mondy asked about the additional electricity needed for the Municipal buildings. Finance Director Williamson explained to Council that due to the hot weather and the increase in energy prices, this budget amendment was required. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Byboth to approve Ordinance No. 2006-51 amending Ordinance No. 2005-41, (2005-2006 Annual Budget) to provide funds for Collin County Community College in the amount of $2,500; additional electricity in the amount of$75,000; a water rate study in the amount of$14,500; and to exclude from the Ordinance, the amendment for asphalt work on West Brown Street in the amount of $293,700. A vote was taken and passed 6-0 with Councilman Young absent. 8. Consider, and act upon, AIA Document A121 — 2007 and AGC Document 565, AIA Document A201 — 1997, between the City of Wylie and Thos. S. Byrne, Ltd., related to construction management services for the new Library, City Hall and Recreation Center. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that on June 13, 2006, City Council selected Thos. S. Byrne, Ltd. as the construction manager for the new Library, City Hall and Recreation Center. Upon the Council's selection, the City Administration began the negotiation process for a contract. Mr. Roath Minutes—August 8, 2006 Wylie City Council Page 6 explained that this was the base document for the three buildings and the contract for the Library. He stated that there were inclusions in the documents such as insurance requirements. One of the concepts is that the Construction Manager will work with the Design Architect during the design phase and at the end of the design phase, will give a guaranteed price on what the firm will guarantee to build each facility for; Council will have the final decision regarding pricing. The construction manager will also take care of all sub contractor bids and oversee the work performed. Council/Construction Manager Discussion Keith Bjerke representing Thomas S. Byrne, Ltd. addressed Council stating that he was happy to answer any questions regarding this contract. Mayor Pro Tern Porter asked Mr. Bjerke what the costs would be regarding this contract. Mr. Bjerke replied that Thomas S. Byrne had worked with both the City Manager and Julie Fort of the City Attorney's Office on this base document. It spells out the fees and charges which include a 5.5% fee over and above the actual contractor costs. We are providing project management services, construction services to manage the subcontractors, manage the scheduling of work, and make sure all work is completed in a safe and timely manner with quality construction. The total construction revenue available is approximately$26 million. This computes to around $1.2 million for the services provided for all three buildings. He explained that the company had subcontractors that Thomas S. Byrne used on a regular basis; but noted, that with municipal buildings the state bidding process would be used as required. He explained that Article 6 (page 10) of the contract spelled out any expenses that could be charged over and above the 5.5%fee. Mayor Mondy asked City Manager Roath what his recommendation was regarding this contract. City Manager Roath replied that his recommendation was to move forward with the contract with Thomas S. Byrne as presented. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Hogue, to accept and approve AIA Document A121 — 2007 and AGC Document 565, AIA Document A201 — 1997, between the City of Wylie and Thos. S. Byrne, Ltd., related to construction management services for the new Library, City Hall and Recreation Center. A vote was taken and passed 6-0 with Councilman Young absent. 9. Consider, and act upon, Ordinance No. 2006-52 extending until September 30, 2006, or until a new Franchise becomes effective, the franchise granted to ATMOS Energy Corporation, to own, operate and maintain a gas distribution system in the City of Wylie. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that a twenty-five year gas franchise was granted to Lone Star Gas Company, now assigned to ATMOS Energy Corporation, on March 10, 1981. Prior to expiration, the City Manager and City Attorney commenced negotiations with a representative of ATMOS on a new gas franchise. The proposed ordinance extends the current franchise until September 30, 2006 or until a new franchise becomes effective, whichever occurs earlier. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to approve Ordinance No. 2006-52 extending until September 30, 2006, or until a new Franchise becomes effective, the franchise granted to ATMOS Energy Corporation, to own, operate and maintain a gas distribution system in the City of Wylie. A vote was taken and passed 6-0 with Councilman Young absent. Minutes—August 8, 2006 Wylie City Council Page 7 10. Consider, and act upon, the acceptance of the resignation of Weldon Bullock and the appointment of two members to the Zoning Board of Adjustment to fill two unexpired terms. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that staff is requesting the appointment of two new members to the Zoning Board of Adjustments (ZBA). The appointments would fill the unexpired terms of Weldon Bullock and Jan Sargent. It is recommended that the new appointments serve as alternate members, and two current alternate members, Layne LeBaron and Jeff Ellis, be appointed as regular members of the Zoning Board. Council Action A motion was made by Councilman Byboth, seconded by Mayor Pro Tern Porter to appoint Jeff Ellis and Layne LeBaron to the Zoning Board of Adjustments acting board (currently alternates) and appoint Willie Osborne and Karen McGinnis to the Zoning Board of Adjustments as alternates. A vote was taken and passed 6-0 with Councilman Young absent. Mayor Mondy convened into Work Session at 7:20 p.m. Councilman Merrill Young arrived at 7:28 p.m. WORK SESSION • Consider and provide direction on a proposal by Skorburg Company for the 61.28 acre Hood tract located south of Stone Road and west of F.M. 544. (Zoning Case 2006-11) (M. Manson, Assistant City Manager) Representatives from Skorburg Company gave a short presentation regarding the upcoming Public Hearing and consideration of zoning approval for the Hood tract in Wylie. Tim Coltart, representing Skorburg asked for direction from Council regarding the PD (Zoning Case 2006- 11). Council gave Mr. Coltart (Skorburg Company) some comments regarding the size of homes, lots and design of the development. Public hearing and action on this zoning case will be heard on August 22, 2006 at the Regular City Council Meeting. Council direction included: open swell roads with no sidewalks, construct a birm throughout development and to the north, moving the road to accommodate property owners abutting the development and best alignment of the road, square footage of homes to be 10% at a minimum of 2,600 sq. ft., 90% be at a minimum of 3,000 sq. ft., and lots abutting property owners to be 3,600 sq. ft minimums, development agreement regarding the construction of Alanis Drive, set backs at 30 feet, and park dedication fees be paid in full. • Presentation by design firms of Carter & Burgess, Inc., Ha1ff Associates, and Teague Nall and Perkins for design services related to the Founders Park Improvements. (M. Sferra, Public Services Director) Minutes—August 8, 2006 Wylie City Council Page 8 Parks Superintendent Bill Nelson introduced the firms of Carter & Burgess, Inc. and Half Associates. Presentations by both firms for design services related to the Founders Park Improvements were conducted. Questions were addressed by City Council and answered by the firms. RECONVENE IN TO OPEN SESSION Mayor Mondy re- convened into Regular Session at 9:20 p.m. 11. Consider, and act upon, ranking the finalist design firms and authorizing the City Manager to negotiate a contract beginning with the top ranked firm for the Founders Park Improvements. (M. Sferra, Public Services Director) Staff Comments City Manager Roath addressed Council stating that, should the City Council select a design firm, from the finalist presented tonight, then the City Manager will initiate negotiations relative to scope, services, fees and payment schedules with the top ranked firm. He explained that if a tentative agreement is reached, then the City Manager will return with a contract for City Council consideration and possible action. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Hogue to rank Half Associates first and authorizing the City Manager to negotiate a contract beginning with Half Associates for the Founders Park Improvements. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tern Porter, Councilman Hogue, Councilman Byboth, and Councilman White voting for and Councilman Young voting against. 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 2006-48, 2006-49, 2006-50, and 2006-51 and 2006-52 into the official records. ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 9:30 p.m., with Councilman Newsom making the second. Consensus of Council was to adjourn. J n ondy, Mayor ATTEST: SEA/ / JfiwC • '•�YL E.T�� Ca • e Ehrlic , ity Secretary '�''rrrrr,rn++``®` Minutes—August 8, 2006 Wylie City Council Page 9