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12-09-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, December 9, 2008 —6:00 pm Wylie Municipal Complex—Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:01 p.m. with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Planning Director, Renae' 011ie; WEDC Executive Director, Sam Satterwhite; Building Director, Mike McAnnally; Library Director, Rachel Orozco; Fire Chief, Randy Corbin; Police Chief, John Duscio; Public Services Director, Mike Sferra; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Chad Womack, Youth Pastor for the Wylie First Baptist Church gave the invocation and Cub Scout Pack 1049-Den 1 presented the colors and Boy Scout Pack 301-Dens 1, 2, 3, and 4 led the pledge of allegiance. Scouts present included: Pack 301- Eric Balser, Lucus Eppler, Brennen Osborne, Joseph Eppler, Alan Huddy, Matthew Gonzales, Josh Hicks, Ben Folsom, Ryan Lemonds, Jacob Kriegar, Tyrus Grover, and Joseph Anderson. Pack Leaders included: Laura Eppler and Carrie Hicks. Pack 1049 Scouts present were Austin Byboth, Dan Barnhart, Jordan Schwarz, Gavin Pugh, Cailin Stewart, Patrick Fogarty, and Caleb Benson. Pack 1049 leader was Brenda Byboth. PRESENTATIONS • Presentation to 2"d Six Weeks Star Students — Character Trait of "Respect." (E. Hogue, Mayor/Council) Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the character trait of "Respect." Each six weeks one student from each WISD campus is chosen as the "star student." Minutes— December 9, 2008 Wylie City Council Page 1 REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2008-46a(R) adopting an official City of Wylie Seal depicting Wylie's rich history of its founding on the Gulf, Colorado and Santa Fe Railway, and incorporation in 1887. (C. Kelly, PIO) Staff Comments Public Information Officer Kelly addressed Council stating that the City Seal is affixed to all permanent documents such as Ordinances, Resolutions, and Minutes. The seal is also affixed to all proclamations, contracts, and other legal documents distributed to other jurisdictions and governmental entities, including interlocal agreements. He explained that the seal is the legal symbol that documents have been executed by the Mayor or City Manager and made part of the attesting by the City Secretary. In addition, the City Seal can be put on display in the Council Chamber, lobby or other formal setting. He noted that The City Seal should be classic and stand the test of time; a seal should have longevity, rarely, if ever changed. Based on research and inspection of older documents, the City has never had a custom seal created. The generic look has flipped flopped between the standard Texas Star to our current look that simply says"Seal." The new design focuses on the rich history of Wylie and its incorporation in 1887. Wylie was organized in the early 1870s and originally called Nickelville, reportedly after the name of the first store. In 1886 the Gulf, Colorado and Santa Fe Railway laid tracks a half mile north of the original town site. That same year Nickelville moved to take advantage of the railroad and named their new location Wylie, in honor of W. D. Wylie, a right-of-way agent for the railroad. In fact, the Document of Incorporation lists the railway as one of the town's boundaries. In 1887 a second railway, The St. Louis, Arkansas and Texas, passed through Wylie, later to be named the St. Louis Southwestern in 1891. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tem Byboth to approve Resolution No. 2008-46a(R) adopting an official City of Wylie Seal depicting Wylie's rich history of its founding on the Gulf, Colorado and Santa Fe Railway, and incorporation in 1887. A vote was taken and the motion passed 7-0. Presentation Mayor Hogue and the Wylie City Council affixed the first seal to Resolution No. 2008-46a(R). 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. Jennifer Dunlap, residing at 906 Glen Lakes Court, Wylie, Texas, addressed Council thanking them for providing a no parking or standing ordinance at the last Wylie City Council meeting. She stated that on behalf of the residents on Glen Lakes Court, she thanked the Council for allowing the children a much safer place to play in the neighborhood before and after school. Minutes— December 9, 2008 Wylie City Council Page 2 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes from the November 11, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2008-47a(R) authorizing the Mayor to execute an amended Interlocal Agreement with the Town of St. Paul to provide Fire Protection Services for their city limits. (R. Corbin, Fire Chief) C. Consider, and act upon, Resolution No. 2008-48a(R) authorizing the City Manager to enter into an Interlocal Agreement with Collin County for the Collin County Project Funding Assistance Program for Founders Park. (M. Sferra, Public Services Director) D. Consider, and act upon, Ordinance No. 2008-50 amending Ordinance No. 2008-41 (2008-2009 Budget) and approving an appropriation of funds in the amount of $400,000 for the Park Acquisition and Improvement Fund for the Collin County Project Funding Assistance Program for Founders Park; add $400,000 to the County Park Grants Fund revenues to reflect reimbursements made by Collin County; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Sferra, Public Services Director) E. Consider, and act upon, award of a bid, in the amount of$189,375.56, to J. Nichols Construction for park improvements at Olde City Park. (M. Sferra, Public Services Director) F. Consider, and act upon, a Final Plat for Wylie Lakes, Phase 2A creating 42 single family residential lots, generally located south of Skyview Drive and west of Spencer Lane. (R. 011ie, Planning Director) G. Consider, and act upon, a Final Plat for Wylie Lakes, Phase 2B creating 45 single family residential lots, generally located south of Skyview Drive and east of Spencer Lane. (R. 011ie, Planning Director) H. Consider, and act upon, a Final Plat creating six Light Industrial lots for Regency Business Park Phase III , generally located at the east end of Capital Street. (R. 011ie, Planning Director) I. Consider, and act upon, a Preliminary Plat for the Wylie Municipal Complex generally located at SH 1378 and Brown Street. (R. 011ie, Planning Director) J. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2008. (S. Satterwhite, Executive Director, WEDC) Minutes— December 9, 2008 Wylie City Council Page 3 K. Consider, and act upon, award of a contract, in the amount of $109,914.50 to Tri- Con Services, Inc. for the Douglas Drive Outfall Drainage Improvements. (C. Hoisted, City Engineer) Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. RECESS CITY COUNCIL Mayor Hogue recessed the Wylie City Council meeting at 6:22 p.m. Parks and Recreation Facilities 4B Development Corporation Interim Chair Hogue opened the Parks & Recreation Facilities Development Corporation meeting at 6:23 p.m. Parks & Recreation 4B board members present were: Councilman Eric Hogue, Councilman David Goss, Councilman Merrill Young, Councilman Rick White, and Parks board member Anne Hiney. 4B board members Dan Chestnut and Shirley Burnett were absent. CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 1. Consider, and act upon, approval of the Minutes of the September 9, 2008 Regular meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) Parks & Recreation 4B Board Action A motion was made by board member Hiney, seconded by board member White to approve the minutes from the September 9, 2008 Parks & Recreation Facilities Development Corporation (4B). A vote was taken and passed 5-0 with board members Chestnut and Burnett absent. 2. Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and to appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2009 and ending December 31, 2010. (C. Ehrlich, City Secretary) Parks & Recreation 4B Board Action A motion was made by board member White, seconded by board member Young to appoint 4B board member Hogue as Chair, board member Hiney as Vice Chair, Mindy Manson as President, Jeff Butters as Vice President, Carole Ehrlich as Secretary, and Melissa Beard as Treasurer of the Parks & Recreation Facilities Development Corporation (4B) for a term beginning January 1, 2009 and ending December 31, 2010. A vote was taken and passed 5-0 with board members Chestnut and Burnett absent. Minutes— December 9, 2008 Wylie City Council Page 4 ADJOURN Parks & Recreation 4B Board Action A motion was made by board member White, seconded by board member Hiney to adjourn the meeting of the Parks & Recreation Facilities 4B Board at 6:30 p.m. A vote was taken and passed 5-0 with board members Chestnut and Burnet absent. RECONVENE INTO REGULAR SESSION OF THE WYLIE CITY COUNCIL Mayor Hogue reconvened the Wylie City Council Regular Session at 6:31 p.m. All Council members were present. REGULAR AGENDA Public Hearings 2. Hold a Public Hearing and consider, and act upon, a change in zoning from Multi-Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. ZC2008-10 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. The applicant is requesting to rezone 1.1692 acres from Multi-Family (MF) to Light Industrial (LI) District in order to facilitate a new water storage tank. Water tanks are only allowed in LI and HI districts, and not MF, and as the current ordinance does not allow expansion of a legally non-conforming use rezoning is required. The property currently contains an existing 500,000 gallon water storage tank. She explained that the existing tank is sixteen (16) feet in height. With growth throughout the city, it has become necessary to add a larger capacity tank at this facility. The proposed tank is a 2 million gallon concrete ground storage tank and will be 36 feet it height when completed. Ms. 011ie reported that the new tank will serve those residents whose water system is serviced by the City of Wylie. The residents within the Cascades Addition are served by Wylie Northeast Water Utility District and not the City of Wylie. She noted that the property has never been platted and the attached zoning exhibit will serve as the preliminary plat. A Final Plat will be completed before construction begins if the zoning change is approved and will come back to Council. Planning Director 011ie reported that the P&Z Commissioners discussed possible noise factors and maintenance with the proposed modifications to the tanks. Staff stated that the storage tanks will have exhaust fans that dissipate the heat within the tanks. During the summer months, these fans will come on more. The City Engineer will research other methods that will aid in reducing noise from the fans. In addition, staff will verify with Public Works that the property is maintained and mowed as required. She reported that public comment forms were mailed to 40 property owners within 200 feet of this request, as required by State Law. Six responses have been received at the time of this posting, all against the proposed re-zoning. One verbal response in favor of the request was given at the P&Z meeting and at the Council meeting held on November 11th from a resident outside the 200' notification area. Minutes— December 9, 2008 Wylie City Council Page 5 Consultant/Council Discussion Mr. Joe Carter representing Burkhoff, Hendricks, and Conway, LLP addressed Council stating that the firm had reviewed the potential site and determined that the tank depth could not be lowered on order to lower the profile of the tank; he commented that lowering and burying the tank 12 feet would interfere with the pump station operations. To replace the pumps to allow the lowering of the profile, would be somewhere around $2.3 million dollars. He reported that in reviewing other sites for the new elevated tank, the issue was still costly due to a new pump station and new tank installation being required in addition to the acquisition of land to place the new pump station and tank. Water lines to this existing tank and pump station are in place; if a new site was chosen new water lines would more than likely be required. He noted that it would be hard to definitively estimate the cost for establishing a new site. Mr. Carter reported there were architectural treatments that could be added to the outside of the tank for very low costs that would lessen the view from the neighboring properties. Councilwoman Spillyards asked Mr. Carter what some of the treatments consisted of. Mr. Carter replied there were treatments that would give the tank a stone or adobe texture, trees could be planted that would in time hide the view of the tanks and murals could be painted on the tank. Councilwoman Spillyards asked Mr. Carter how the noise from the tanks could be controlled. Mr. Carter replied that fans could be replaced which would buffer the sound. Councilman Young stated that it was his understanding that an underground tank had no bearing on water pressure. Mr. Carter replied that burying the tank did not have any bearing on water pressure; however, with the growing population and the additional demand at the Newport Harbor system, there was no reserve capacity available with the existing tank. The additional tank would allow approximately six hours of storage, in addition to the overhead storage tank. Councilman Young asked with the additional storage this tank would provide, how far out the tank adequately would provide service. Mr. Carter reported that with the additional tank, the capacity should serve another seven years. He reported that an additional one million gallon tank was planned in the future. Public Hearing Mayor Hogue opened the public hearing for Zoning Case #2008-10 at 6:46 p.m. asking anyone present wishing to address Council to come forward state their name and address and keep their comments to three minutes. Linda Waits residing at 1302 Rain Tree Drive, Wylie, Texas, spoke in opposition to the approval of ZC 2008-10. Frederic Sender, residing at 1301 Rain Tree Drive, Wylie, Texas, spoke in opposition to the approval of ZC 2008-10. Eric Smith, residing at 3410 Melvin Drive, Wylie, Texas, spoke regarding the addition of architectural treatments that could be added to the proposed tank. With no other residents wishing to address Council, Mayor Hogue closed the public hearing for Zoning Case#2008-10 at 7:18 p.m. Council Discussion Mayor Hogue asked Planning Director 011ie if due to the unanimous vote to approve this zoning change by the Planning and Zoning Commission would it take a super majority (6 out of 7) votes by the City Council to deny this request. Planning Director 011ie replied that was correct. Mayor Pro Tern Byboth asked if architectural treatments could be included and where the funding would come from. City Manager Manson reported that the actual approval of the tank would come back in another action item in a future agenda. At that time funding issues for the architectural treatments could be addressed and include proposed funding. She explained that the item presented tonight was to change the zoning to allow the existing tank to be legally conforming. Minutes— December 9, 2008 Wylie City Council Page 6 Council Action A motion was made by Councilman Goss, seconded by Councilman Young to deny Zoning Case No. 2008-10 a change in zoning from Multi-Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. A vote was taken and failed 3-4 with Councilman Goss, Councilwoman Spillyards, and Councilman Young voting for denial and Mayor Hogue, Mayor Pro Tern Byboth, Councilman Porter, and Councilman White voting against denial. Further Council Discussion Councilman Goss stated that the additional twenty feet was a lot. He stated that the property had never been plated and therefore the city was not in violation. Planning Director 011ie reported that it was her recommendation that the zoning be approved to allow the existing tank to be legally conforming. She reported that currently the zoning for this structure was a legally non-conforming structure which required the proposed zoning to become compliant. Councilman Porter stated that it would be endangering the citizens of Wylie to not have available water distribution for all citizens. The City needs the water and if funding is not available to place this tank in another location, our responsibility is to the entire City not just a few residents. City Manager Manson stated that if this zoning change was not approved and the additional tank could not be constructed, staff would need to re-address the long term Capital Improvement Plan. Fire Chief Corbin commented that this is long range planning and the day we run out of water we are behind the eight ball. There is not a lot of latitude in the location that the City can place these water tanks. Councilman Young asked Chief Corbin about the ISO rating. Chief Corbin stated that the good ISO rating was dependent upon the reserves of water capacity along with other requirements. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to approve Zoning Case No. 2008-10 approving a change in zoning from Multi-Family (MF) to Light Industrial (LI) District, generally located north of Anchor Drive and Spinnaker Way adjacent to the Newport Harbor Subdivision. A vote was taken and passed 6-1 with Mayor Hogue, Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman White, and Councilman Porter voting for and Councilman Goss voting against approval. 3. Hold a Public Hearing and consider, and act upon, a change in zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC2008-11 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located south of Brown Street and west of Westgate Way adjacent to Westgate Phase I. The applicant is requesting to rezone 0.9027 acres from Agricultural District (AG/30) to Light Industrial (LI) District in order to facilitate a new water storage tank. Water tanks are only allowed in LI and HI districts, and not AG/30, and as the current ordinance does not allow expansion of a legally non-conforming use re-zoning is required. The property currently contains an existing 900,000 gallon water storage tank sixteen (16) feet in height. Planning Director 011ie reported that the Planning and Zoning Commission voted unanimously in approval for this Minutes— December 9, 2008 Wylie City Council Page 7 zoning change. Mayor Pro Tern Byboth asked Planning Director 011ie if anyone was present to address this item during the Planning Commission meeting. Planning Director 011ie replied that there were no citizens present wishing to address the Commission on this item. Public Hearing Mayor Hogue opened the public hearing for Zoning Case #2008-11 at 7:15 p.m. asking anyone present wishing to address Council to come forward, state their name and address and keep their comments to three minutes. Andrea Linear stated that she lived at the entrance to Town Gate and had some concerns about entering and exiting the area when construction was underway. She asked staff to allow for another entrance and exit to the development during the construction phase. She stated that she was out of town during the Planning and Zoning Commission discussion on this item. Engineering Consultant Joe Carter addressed the concerns by stating that the tank will be set back to allow more room and Council could direct construction during times when traffic was less congested. He stated that he is also reviewing the possibility for an additional entrance/exit. With no other residents wishing to address Council, Mayor Hogue closed the public hearing (ZC 2008-11) at 7:18 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to approve a change in zoning from Agricultural District (AG/30) to Light Industrial (LI) District, generally located south of Brown Street and west of Westgate Way. ZC 2008-11. A vote was taken and the motion passed 7-0. General Business 4. Consider, and act upon, approval of the location and design of the proposed kiosk signs in accordance with Ordinance 2008-33, Section 9.E. (R..011ie,Planning Director) Staff Comments Planning Director 011ie addressed Council stating that with the adoption of Sign Ordinance No. 2008-33, replacing and repealing Sign Ordinance No. 2003-14, Council has moved forward in providing for homebuyers and citizens directions to the location of housing developments, homebuilders, public facilities, and community events within the City of Wylie while discouraging the placement of unsightly and hazardous off-site directional signs. She stated that several options for color were included in the packets and asked Council to determine the option sign and color within the motion for this item. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to approve the location and design of the proposed kiosk signs as presented in accordance with Ordinance 2008-33 and designate version #5 (white with blue print) and include City information on the top portion of each kiosk sign. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, adopting Ordinance No. 2008-51 and authorizing the Mayor to execute the Interlocal Boundary and ETJ Contract, with Attachments 1 through 5, by and between the City of Lavon, a general law municipality located in Minutes— December 9, 2008 Wylie City Council Page 8 Collin County, Texas; the City of Nevada, a general law municipality located in Collin County, Texas; the City of Wylie, a home rule municipality located in Collin, Dallas, and Rockwall Counties, Texas; the City of Rockwall, a home rule municipality located in Rockwall County, Texas; and the City of Garland, a home rule municipality located in Dallas and Collin Counties, Texas. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the City of Garland owns its own power plant on Lake Lavon, located next to Little Ridge Park. Many years ago Garland annexed a 10 foot strip along its power lines running from the power plant all the way to the City of Garland. The Garland strip has inhibited expansion of Wylie, Rockwall, Lavon, and Nevada because we cannot legally annex into or across Garland City limits. Garland indicated that they would be open to dis-annexing the strip if all cities with a boundary interest would agree, in advance, as to which City received what land, and further would agree not to annex the Garland Power Plant and leave a buffer around the plant. He reported that Lavon was researching a possible development within the areas in question and could not move forward until some resolution was made as to boundaries. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve Ordinance No. 2008-51 and authorizing the Mayor to execute the Interlocal Boundary and ETJ Contract with Attachments 1 through 5, by and between the City of Lavon, the City of Nevada, The City of Rockwall, the City of Garland, and the City of Wylie. A vote was taken and passed 7- 0. 6. Consider, and act upon, approval of the Revised Meeting Room Policy for the City of Wylie Rita and Truett Smith Public Library. (R. Orozco, Library Director) Staff Comments Library Director Orozco addressed Council stating that the current Meeting Room Policy has been utilized since 2001. The meeting room is a popular place at the library. The Meeting Room Policy has been revised to become more clearly defined and to allow more citizen usage. She reported that the changes included: • Standing reservations have been limited due to the popularity of the meeting room use. • The application is more detailed and includes information needed to approve the request. • Does not allow selling products, accepting donations, or charging admission. She reported that the revised Meeting Room Policy for the Rita and Truett Smith Public Library has been approved by the City Attorney and the Library Advisory Board. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to approve the Revised Meeting Room Policy for the City of Wylie Rita and Truett Smith Public Library. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, the appointment of three alternates to the City of Wylie Construction Code Board per Ordinance No. 2008-49. (M. McAnnally, Building Official) Minutes— December 9, 2008 Wylie City Council Page 9 Staff Comments Building Inspector McAnnally addressed Council stating that as per requirements within the recently adopted Ordinance No. 2008-49, the Building Department is requesting the addition of three alternates to the Construction Code Board. These three positions have been created to satisfy the revised Section 22.24 that creates these positions and requires that the "alternate members shall be taxpaying residents of the City." Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to appoint Kevin Thompson, Cyndee Combest, and Brian Huddleston as the new Construction Code Board alternates. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, acceptance of the resignation of Merrill Young from the Wylie Economic Development Corporation and appoint a new Board Member to the Wylie Economic Development Corporation to fill the unexpired term of July 2008 to June 30,2011. (S. Satterwhite, Executive Director, WEDC) Staff Summary As per section 4.01 Board of Directors of the First Amended Bylaws of the Wylie Economic Development Corporation, the business and affairs of the Corporation and all corporate powers shall be exercised by or under the authority of the Board of Directors, appointed by the governing body of the City of Wylie. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to accept the resignation of WEDC board member Merrill Young and to appoint Todd Wintters to serve the unexpired term beginning July 2008 and ending June 30, 2010. A vote was taken and the motion passed 7-0. 9. Consider, and act upon, acceptance of the resignation of Warner Washington and appoint a new Board Member to the Public Arts Advisory Board to fill the unexpired term of July 2008 to June 30, 2010. (C. Ehrlich, City Secretary/PAAB Liaison) Staff Comments PAAB staff liaison Ehrlich addressed Council stating that Mr. Warner Washington has actively served on the Public Arts Advisory Board since the creation of the board. Mr. Washington submitted his resignation from the Public Arts Advisory Board effective immediately. The board thanks Mr. Washington for his loyal service to the board. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to accept the resignation of Warner Washington and appoint Alvaro Salinas Jr. to serve the unexpired term of July 2008 to June 30, 2010. A vote was taken and the motion passed 7-0. Minutes— December 9, 2008 Wylie City Council Page 10 READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section I3-D. City Secretary Ehrlich read the captions to Ordinance No. 2008-50 and No. 2008-51 into the official records. WORK SESSION • Discussion of the cost review for the new Library, Recreation Center, and City Hall. (Council, Staff ARCHITEXAS, Architect/Holzman Moss, Architecture) Craig Melde representing ARCHITEXAS and representatives of Thomas S. Byrne were present to address Council with final bid submission for the construction of the new Wylie Civic Center. He reported that the costs with valued engineering taken into consideration under budget by $248,089. He proposed several value engineering omission that could possibly be added back in should the Council wished to do so. Direction from Council was to accept all VE alternatives with the exception of the following: ❑ Replacement of all end grain flooring in all three buildings with Oak end-grain flooring ❑ Reduce by eleven the quantity of type G ceiling (ACT clouds) in the Recreation Center Gym ❑ Substitute mechanically attached TPO System in lieu of the specified fully adhered system. Mayor Hogue closed the work session at 8:30 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 8:30 p.m. 10. Consider, and act upon, the final guaranteed maximum price for the Wylie Municipal Complex. (S. Colley, Construction Manager) Staff Comments Construction Manager Shane Colley addressed Council stating that the construction manager for the Wylie Municipal Complex, Thomas S. Byrne, has taken bids for each sub-contract portion of the project. They have evaluated those bids and have prepared a package representing the best value to the City. While the exact cost of the project is subject to change until Byrne completes the buy-out of all components, T.S. Byrne is presenting a Guaranteed Maximum Price for construction at this time. He reported that after direction from the Council during the work session portion of tonight's meeting the guaranteed maximum price proposed is $33,923,227.00. Minutes— December 9, 2008 Wylie City Council Page 11 Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve the final guaranteed maximum price in the amount of $33,923,227.00 for the construction of the Wylie Civic Center. A vote was taken and the motion passed 7-0. Mayor Hogue convened into Executive Session at 8:31 p.m. citing 551.071, consultation with Attorney for legal advice regarding the Application of the City of Wylie to amend the Certificates of Convenience and Necessity (CCN) No. 10186 and 20068 in Collin County, Texas Application Nos. 33435-C; SOAH Docket No. 582-08-3357, TCEQ Docket No. 2008-0847-UCR. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §551.071 Consultation with Attorney; Closed Meeting • Legal advice regarding the Application of the City of Wylie to Amend Certificates of Convenience and Necessity(CCN) No. 10186 and 20068 in Collin County, Texas, Application Nos. 33435-C; SOAH Docket No. 582-08-3357, TCEQ Docket No.2008-0847-UCR. Mayor Hogue reconvened into Regular Session at 9:00 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. There was no action taken as a result of Executive Session. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Councilman White to adjourn the meeting at 9:01 p.m. A vote was taken and the motion passed 7-0. Eric • • e, y r Co AAA ATTEST: ' : OA C role Ehrlich ity Secretary ems • Minutes- • .:► ..: Wylie City ouncil Page 12