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09-22-1998 (City Council) Minutes MINUTES Wylie City Council Tuesday, September 22, 1998 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order,Tuesday, September 22, 1998, 1998 at 7:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,J.C. Worley and Chris Trout. Staff members present were:Mike Collins,City Manager; Mindy Manson,Assistant to the City Manager; Brady Snellgrove,Finance Director and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the invocation. Pledge of Allegiance Mayor Pro Tem Worley was asked to lead the Pledge of Allegiance. Proclamation Mayor Mondy presented Fire Chief Shan English and members of the Wylie Fire Department a Proclamation declaring the Month of October as Fire Prevention Month in the City of Wylie. Chief English addressed Council thanking them for their support and extending a personal invitation to the dedication ceremonies of both the newly renovated Fire Station No. 1 and the new Fire Station No. 2. Items for Individual Consideration 1. Consider and Act Upon the Approval of FY99 4B Budget and the Community Services Facilities Capital Improvement Plan. Ms.Mindy Manson addressed this item and gave a brief history of the 4B Budget. She explained that the budget incorporated both the Library and Park projects for FY98/99. Ms. Manson was then available for questions from Council. Councilwoman Allen made a motion to Approve the FY99 4B Budget and the Community Services Facilities Capital Improvement Plan. Councilman Scott seconded the motion. A vote was taken and the motion passed unanimously,7-0. Mayor Mondy then called for a Recess of the Regular Meeting of the Wylie City Council. The Parks and Recreation Facilities Development Corporation was then called to order with the following members present. John Mondy, J.C. Worley,Joel Scott,and Chris Trout. Members absent were Dan Chesnut. Jim Swartz and Kerry Carothers. Wylie City Council Minutes September 22,1998 Page 1 la. Consider and Act Upon Approval of the FY99 4B Budget, Authorizing Expenditures for the FY99 Community Services Facilities Capital Improvement Plan. The Board voted 4-0 to approve the FY99 4B Budget, Authorizing Expenditures for the FY99 Community Services Facilities Capital Improvement Plan. The meeting of the Parks and Recreation Facilities Development Corporation Board was then Adjourned. Mayor Mondy then reconvened the Regular Meeting of the Wylie City Council. Items for Individual Consideration 2. Consider and Act Upon Approval of an Ordinance of the City of Wylie, Amending the Budget for Fiscal Year 1998, Beginning October 1, 1997 and Ending September 30, 1998; Repealing All Conflicting Ordinances; Containing A Severability Clause; and Providing for an Effective Date. Mr.Brady Snellgrove addressed this item. Mr. Snellgrove gave Council a brief explanation of the amendments to the FY97-98 Budget. A motion was made by Mayor Pro Tem Worley to approve adoption of an Ordinance of the City of Wylie, Adopting A Budget and Appropriating Resources for Fiscal Year 1999,Beginning October 1, 1998 and Ending September 30, 1999. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously, 7-0. ORDINANCE NO.98-25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR 1998 BEGINNING OCTOBER 1, 1997 AND ENDING SEPTEMBER 30, 1998, BY AMENDING ORDINANCE NO. 98-10; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 3. Hold a Public Hearing and Consider and Act Upon Adoption of an Ordinance of the City of Wylie,Adopting A Budget and Appropriating Resources for Fiscal Year 1999, Beginning October 1, 1998 and Ending September 30, 1999. Mr. Brady Snellgrove address this item. Mr. Snellgrove gave a presentation of the General Fund. He advised Council that the budgeted ending fund balance for the General Fund for FY99 is $1,044,880 which equates to a reserve of 18%of budgeted expenditures. Mr. Snellgrove explained that a minimal acceptable level of reserves to the bond rating agencies would be from 10%to 12%for a city experiencing rapid growth. Mr. Snellgrove indicated that the budgeted ending fund balance or working capital for the Utility Fund in FY99 is $1,799,900 which equates to approximately 204 days of operating expenses on hand. Mr. Snellgrove explained that generally accepted standards establish that 90 days is acceptable and 120 is very good. Wylie City Council Minutes September 22,1998 Page 2 The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed budget come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed budget come forward stating their name and address for the record and limit their remarks to five minutes. With no response, the Mayor then closed the Public Hearing. Mayor Pro Tem Worley made a motion to approve adoption of an Ordinance of the City of Wylie,Adopting A Budget and Appropriating Resources for Fiscal Year 1999,Beginning October 1, 1998 and Ending September 30, 1999. Councilman Young seconded the motion. A vote was taken and the motion passed unanimously, 7-0. ORDINANCE NO. 98-26 AN ORDINANCE OF THE CITY OF WYLIE, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 1999, BEGINNING OCTOBER 1, 1998 AND ENDING SEPTEMBER 30, 1999; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 4. Consider and Act Upon Adoption of an Ordinance Fixing the Tax Rate/Levy for the Fiscal Year 1998-1999 Budget. The Tax Rate Proposed is for Sixty-seven and one-half cents ($0.675) per $100 of Assessed Value. With no discussion, Councilman Scott made a motion to approve adoption of an Ordinance Fixing the Tax Rate/Levy for the Fiscal Year 1998-1999 Budget and setting the Tax Rate at Sixty-seven and one-half cents ($0.675)per$100 of Assessed Value. Councilman Trout seconded the motion. A vote was taken and the motion passed unanimously,7-0. ORDINANCE NO.98-27 AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30,1999,AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON;CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. 5. Hold the Second of Two Public Hearings for the Annexation of.998 Acres out of the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas and being the same property conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell, by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas. Wylie City Council Minutes September 22,1998 Page 3 Mr. Tobin Maples addressed this item. Mr. Maples stated that the City of Wylie has received a request for annexation from Mike Douglas for a .998 acre tract generally located at the northwest corner of SH 78 and Eubanks Lane and that the applicant is requesting annexation in order to establish connections to City of Wylie utilities. Mr.Maples explained that before a municipality may institute 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,However,the first public hearing concerning this request was scheduled for the September 8, 1998, City Council meeting and due to unanticipated circumstances,the September 8, 1998, Council meeting was canceled. Mr. Maples recommended to Council to hold the public hearing,but take no action and staff will reschedule both public hearings in accordance with State Law. Mr. Maples was then available for questions from Council. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then closed the Public Hearing. 6. Hold the Second of Two Public Hearings for the Annexation of 110 Acres out of the J.W. Mitchell Survey, Abstract No. 589, Collin County, Texas and being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife, Pearl A. McWhirter, by deed as recorded in Volume 942 at Page 488 of the Deed Records of Collin County, Texas. Mr.Tobin Maples addressed this item. Mr. Maples stated that the circumstances were the same as item 5. The City of Wylie has received a request for annexation from Mrs. Patsy Lewis for a 110 acre tract generally located at the northeast corner of McCreary Road and McMillian Road. Mr. Maples stated that the first public hearing concerning this request was scheduled for the September 8, 1998, City Council meeting and due to unanticipated circumstances,the September 8, 1998,Council meeting was canceled. Mr. Maples recommended to Council to hold the public hearing,but take no action and staff will reschedule both public hearings in accordance with State Law. Mr. Maples was then available for questions from Council. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then asked that anyone who wished to speak in opposition of the proposed annexation request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response,the Mayor then closed the Public Hearing. 7. Hold a Public Hearing and Consider and Act Upon a Request from Zlan, Ltd., for Approval of a Temporary Specific Use Permit (SUP) for a Commercial Outdoor Amusement (proposed driving range) on the Property Generally Located at the Northeast Corner of FM 1378 and Brown Street and Being a Portion (9 acres) of a 23.4971 Acre Tract of Land Conveyed to C.B.A. Enterprises by Substitute Trustee's Deed Recorded in Volume 2612, Page 605, Deed of Trust Records of Collin County, Texas. Wylie City Council Minutes September 22,1998 Page 4 Mr. Tobin Maples addressed this item. Mr. Maples stated that the applicant is requesting a temporary Specific Use Permit on 9 acres of land in order to develop the property with a golf driving range. Mr. Maples stated that the Planning&Zoning Commission heard the request at their regular meeting and the request was denied by a 5-1 vote. The Commission cited safety concerns with regard to the netting and operation of hours. Mr. Maples stated that he met with the applicant at the close of business today and that the applicant was asking that Council take no action this evening and send the request back to the Planning and Zoning Commission for review at their regular meeting of October 6. Mr. Maples concluded that the request would then come back before Council at the regular meeting of October 13. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the SUP request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response, the Mayor then asked that anyone who wished to speak in opposition of the SUP request to come forward stating their name and address for the record and limit their remarks to five minutes. With no response. the Mayor then closed the Public Hearing. Councilman Scott made a motion to table the item and refer back to the Planning and Zoning Commission. Mayor Pro Tem Worley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 8. Consider and Act Upon a Final Plat for the Highway 78 Business Park Addition, proposed by Jackson and Associates Land Surveyors,Inc. for Mortgage Recovery Fund - Land Fund Dallas, L.P., generally located at the southeast corner of SH 78 and Century Way, and being part of Lot 1, Block A Century Business Park, City of Wylie, Collin County, Texas. Mr.Maples addressed this item. Mr.Maples stated that the final plat under consideration is for the Highway 78 Business Park Addition and that the applicant is replatting 12.331 acres of Lot 1, Block A, of the Century Business Park into seven (7) lots in order to develop the property with business and commercial uses. Mr. Maples stated that the property is currently vacant, platted as Lot 1, Block A of the Century Business Park Addition,and zoned for I(Industrial)uses. Mr. Maples stated that Staff has reviewed the proposed plat for the Highway 78 Business Park Addition and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. therefore staff was recommending approval. Mr.Maples stated that at the August 17, 1998, Planning and Zoning Commission meeting,the Commission voted unanimously to favorably recommend this case. Mr. Maples was then available for questions from Council. Mayor Pro Tem Worley made a motion to approve the Final Plat for the Highway 78 Business Park Addition, proposed by Jackson and Associates Land Surveyors,Inc.for Mortgage Recovery Fund-Land Fund Dallas, L.P., generally located at the southeast corner of SH 78 and Century Way, and being part of Lot 1,Block A Century Business Park,City of Wylie, Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed unanimously,7-0. 9. Consider and Act Upon a Proposal for the Removal and Reinstallation of Eight Civil Defense Siren Systems Purchased from the City of Plano. Wylie City Council Minutes September 22,1998 Page 5 Chief English addressed this item. Chief English gave a brief history of the purchase of the system from the City of Plano. Chief English explained that at this time, only four of the eight sirens will be installed by McBride Electric. Chief English was then available for questions from Council. Councilman Scott expressed concerns about the Southfork area and if the placement of four sirens would enable the residents to hear the warning. Chief English explained that the sirens rotate and service a two mile range. Chief English stated that four sirens were sufficient to enable the community to hear the sirens and that the eight siren system purchased from Plano serviced the entire City of Plano. There was some discussion regarding the technical workings with the Wylie Police Department radios to which Chief English explained that the dispatcher would tone out or activate the system. Council expressed concerns regarding any embedded chips which could cause problems with the year 2000. Chief English and Mr. Snellgrove stated that the city organized committee would look into any problems related to the year 2000. Chief English stated that the company was experienced in this type of work and that cost estimates were solicited from other qualified contractors prior to their selection. A motion was made by Councilman Young to approve the proposal for the removal and reinstallation of eight Civil Defense Siren Systems purchased from the City of Plano. Mayor Pro Tem Worley seconded the motion. A vote was taken and the motion passed unanimously,7-0. 10. Consider and Act Upon Award of Bid for the Construction of the Remainder of the 1995 Bond Program Water Project. Mr.Jim Jenks,Hogan Corporation,addressed this item. Mr.Jenks gave Council a brief explanation of the biding process for the remaining 1995 bond program water projects. Mr. Jenks explained to Council the"A"and"B" options. Mr.Jenks stated that the Hogan Corporation was recommending award of contract to TGR Constructors based on their low base bid in the amount of$322,873.00 and that due to the favorable bid received on Package B,they also recommend award of Package B to TGR Constructors for a total project(Package A plus Package B) bid of $348,802.00. Mr. Jenks addressed Council's concerns regarding past work preformed by TGR Constructors as well as a time line of 150 days to completion,good weather days permitting. Mr. Snellgrove provided information to Council regarding the financial considerations explaining that the project was actually$20,000 less than what was originally budgeted. Councilman Scott made a motion to award the bid for the construction of the remainder of the 1995 Bond Program Water Projects in the amount of$348,802 to include Package A&B to TGR Constructors. Mayor Pro Tern Worley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. 11. Consider and Act Upon Award of Contract with CPS Systems, Inc. to Upgrade the City's Financial Computer System and to Ensure System Compatibility with the Year 2000. Mr.Brady Snellgrove addressed this item. Mr. Snellgrove briefly described the current computer related concerns regarding the compatibility with the year 2000 and the costs involved to update the current system to ensure compatibility. Wylie City Council Minutes September 22,1998 Page 6 Councilman Scott inquired about the"W2K"Committee. Mr. Snellgrove explained that the Committee would first recognize and identify the problems; survey and test equipment and work with all other vendors to ensure compatiability. Councilman Scott asked if this project would require outside help. Mr. Snellgrove stated that the Committee could accomplish the goals,but that local firms may be assisting with testing. Mr. Snellgrove stated that they would keep Council informed on their progress. Councilman Trout made a motion to approve the award the contract with CPS Systems,Inc. to upgrade the City's Financial Computer System and to Ensure System Compatibility with the Year 2000. Mayor Pro Tem Worley seconded the motion. A vote was taken and the motion passed unanimously, 7-0. Staff Reports City Manager Mike Collins reported to Council that a draft has been prepared to advise the citizens of Wylie that the water restrictions have been lifted. He stated that the flyers would be distributed to all households this Friday and expressed his appreciation to the community for their compliance of the restrictions. Councilman Young requested that staff include information regarding the Comprehensive Plan Review workshops listing meeting dates and times. Mr. Collins reported that the demolition had begun at the Oak/Jackson property and that some trees were marked for removal by the Parks Superintendent,Mr. Bill Nelson. The Mayor expressed some concern regarding the TCI product and rates and how it will effect the city. Mr. Collins stated that he would contact TCI and evaluate. Mr. Collins stated the conditions at Westgate Way were investigated by the traffic engineer and city staff with visits to the residents and with Council's direction will bring forward traffic calming devices. Mr. Collins stated that staff will be meeting with the North Texas Municipal Water District regarding the major water transmission line installation on Ballard Street between Butler and Stone. He stated that details will be presented at the October 13, 1998 Council meeting. Mr.Collins addressed Councilman Scott's concerns regarding the annexation issues. He stated that staff will be bringing forward specific recommendations at the October 13 meeting with annexations complete by the December 17, 1998 meeting. Council also expressed concerns regarding the notification process involving the Comprehensive Plan review. They expressed their concerns that public awareness should be extensive. Mr.Brady Snellgrove reported that the three tiered health plan had a good response from city employees with an increase in dependent coverage which saves the city money. Ms.Mindy Manson reminded Council of the Chili Cook-off scheduled for October 17, 1998 and that Mr. Nelson may be in contact with Council for judging. Ms. Manson reported that the two lots on Jackson will be cleared before the Cook-off and would check into the possibility of seeding for grass. Wylie City Council Minutes September 22,1998 Page 7 Mr. Jones reported to Council that he was pleased to lift the water restrictions,but there was still a possibility of water main breaks. Mr. Jones gave Council an update on the Jackson Street situation. He reported that XIT will be here Thursday to take care of the sinking areas specifically at Jackson and Brown. Mr. Jones reported that the they are continuing to shut the water down at Jackson and Oak,but are having trouble locating the water line. Mr.Jones stated that they may try to use the same technique as with the Nursing Home on Brown to address the situation. Mr. Jones reported that Pugsley has completed a portion of Willow Way,Vicki Lane,Newport Harbor and on the second phase of Rush Creek Drive entrance,lacking 40 feet to completion. They will be starting on Mardi Gras on Thursday. The Mayor reminded Council of the Ribbon Cutting for Presbyterian Hospital on Tuesday,October 6 at 5:30 p.m. with the public grand opening on Saturday, October 10, 1998. The Mayor also reported on correspondence received from GTE that they will be adding 469 as a third area code uncontrolled by boundaries and you will be required to dial all ten digits. The Mayor also reminded those present that on October 24,Ashley the Bloodhound will be present at the Smith Public Library for a presentation beginning at 7 p.m. Citizen Participation Mayor Mondy asked if there was anyone present who would like to come forward,to please state their name and address for the record and limit their remarks to five minutes. There was no citizens participation. Worksession Discussion of Service Center and Fleet Maintenance Program Mayor Mondy and Mr. Collins briefed Council on a developing proposal to cut costs in the fleet maintenance program. He explained how a shared facility and trained mechanic could save dollars for each participating city. They explained how shared personnel could be trained to work on all types of municipal equipment which could add to a reduction in expenses. There was some discussion on a time specific commitment from other cities, however,it was determined that a basic proposal must first be initiated before many details could be addressed. City Manager Mike Collins stated that he would like to proceed by forwarding a proposal representing how the program could work. Executive Session Mayor Mondy adjourned into Executive Session in accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.071,Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter; and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad; and Sections 551.071 Consultation with City Attorney; and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting There was no action taken as a result of the Executive Session. Wylie City Council Minutes September 22,1998 Page 8 Adjournment. As there was no further business to come before the Council,the meeting was adjourned. ohn Mondy, Mayor Attest: nll kA4i,-- ' ara A. Salinas, Secretary f Wylie City Council Minutes September 22,1998 Page 9