12-13-1994 (City Council) Minutes MINUTES OF THE WYLIE CITY COUNCIL
December 13, 1994
CALL TO ORDER
Mayor Jim Swartz called the meeting to order with the following Councilmembers
present: John Mondy Cleo Adams, Reta Allen, and Steve Wright. Ortie Messenger was
absent and Bobby Jennings arrived later in the meeting.
PRESENTATION OF LIEUTENANT BADGE TO RON SIMS, WYLIE FIRE DEPARTMENT
Fire Chief Shan English presented Ron Sims with his lieutenant badge and outlined
the qualifications for that position.
PRESENTATION BY SONS OF THE AMERICAN REVOLUTION
Representatives of the East Fork Trinity Chapter of the Sons of the American
Revolution presented the Mayor with an award congratulating the City of Wylie on its flag
display at the Wylie Municipal Complex and the show of respect for the American flag.
CONSENT AGENDA
(a) Minutes of November 8 and December 6, 1994
(b) Approval of a Contract with the Texas Municipal League Regarding the
Administration of COBRA Insurance
(c) Consider Approval of Applications under Urgent Need Grant for Disaster
Relief
(d) Award of Bids for Rehabilitation Project Under Urgent Need Grant for
Disaster Relief
(e) Resolution No.94-32 Making Application for an Extension Under the Local
Government Records Act of 1989
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS AUTHORIZING THE CITY
SECRETARY TO PETITION THE TEXAS STATE
LIBRARY AND ARCHIVES COMMISSION FOR
EXTENSION OF THE DEADLINE FOR FILING RECORDS
CONTROL SCHEDULES AND DECLARING AN
EFFECTIVE DATE
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(f) Resolution No. 94-33 Authorizing Execution of an Addendum to a Contract
with Central Ambulance and the Activation of a One Year Contract Extension
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY
MANAGER TO EXECUTE A CONTRACT ADDENDUM
FOR PROVISION OF ADVANCED LIFE SUPPORT
AMBULANCE SERVICE BETWEEN THE CITY OF
WYLIE,TEXAS AND CENTRAL AMBULANCE
(g) Ordinance No.94-52 Adopting the 1994 Uniform Fire Code
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE WYLIE CODE OF ORDINANCES
CHAPTER 5, FIRE PROTECTION BY ADOPTING THE
1994 EDITION OF THE UNIFORM FIRE CODE,
REPEALING ALL CONFLICTING ORDINANCES;
CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
(h) Ordinance No. 94-53 Adopting the 1993 Uniform Electric Code
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
ADOPTING THE 1993 EDITION OF THE NATIONAL
ELECTRICAL CODE, AMENDING SECTIONS 4.01
THROUGH 4.55, INCLUSIVE, REPEALING AL
CONFLICTING ORDINANCES; CONTAINING A
PENALTY CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
(i) Resolution No. 94-34 Authorizing Submission of a 1994 Home Grant
Application to the Texas Department of Housing and Community Affairs
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, AUTHORIZING THE SUBMISSION
OF AN APPLICATION FOR ASSISTANCE UNDER THE
1994 TEXAS HOME INVESTMENT PARTNERSHIP
PROGRAM (HOME PROGRAM); AUTHORIZING A
LOCAL MATCH, AND DESIGNATING THE CITY
MANAGER TO ACT AS THE CITY'S REPRESENTATIVE
IN AL MATTERS PERTAINING TO THE CITY'S
PARTICIPATION IN THE TEXAS HOME PROGRAM
Mayor Swartz read the ordinance captions. Wright made a motion to approve the Consent
Agenda. Mondy seconded the motion. The motion was voted on and passed unanimously.
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PRESENTATION BY SHAN ENGLISH REGARDING WYLIE FIRE ACADEMY
Fire Chief Shan English gave a detailed presentation regarding a regional training
academy through the North Texas Training Association for firefighters that would be
beginning in Wylie in January.
PRESENTATION BY ADS ENVIRONMENTAL SERVICES
Gary Woods and Terry Payne with ADS Environmental Services reported to Council
regarding a sewer system infiltration/inflow analysis completed over the past two months.
Council had contracted with ADS to develop a comprehensive sewer system assessment.
Woods and Payne presented their findings along with detailed recommendations for each
inflow and infiltration problem identified in the study.
RECOMMENDATIONS BY CITIZENS' BOND ADVISORY COMMITTEE (CBAC) AND
RESOLUTION NO. 94-35 ADOPTING RECOMMENDATIONS
Beth Fultz, Chair of the Citizens' Bond Advisory Committee, made the following
recommendations to Council:
(1) That Council approve a $7 million bond program for 1995 including $4 million
for water ad wastewater improvements and $3 million for street
improvements
(2) That the bond election be held February 18th
(3) That branch early voting locations, extended hours, and Saturday voting be
providing according to a petition she submitted
She stated that members of the Citizens' Bond Advisory Committee had also planned to
actively promote and campaign in support of the bond program and outlined some of their
campaign ideas.
Allen made a motion to approve a resolution adopting the recommendations of the
Citizens' Bond Advisory Committee. Wright seconded the motion. The motion was voted
on and passed unanimously.
A RESOLUTION OF THE CITY OF WYLIE, TEXAS, ADOPTING THE
RECOMMENDATIONS OF THE CITIZENS' BOND ADVISORY COMMITTEE REGARDING
THE TOTAL VALUE, SPECIFIC PROJECTS, AND COMPOSITION OF PROPOSITIONS
FOR THE FEBRUARY 18, 1995 BOND PROGRAM,AND STRATEGIES FOR EDUCATING
THE VOTERS REGARDING 1995 BOND PROGRAM
RESOLUTION NO. 94-36 CALLING FOR FEBRUARY 18, 1995 BOND ELECTION
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Wright made a motion to approve a resolution calling for a February 18, 1995 bond
election on the following measures: $4 million for water ad wastewater improvements and
$3 million for street improvements. Adams seconded the motion. The motion was voted
on and passed unanimously.
A RESOLUTION ORDERING A BOND ELECTION TO BE HELD IN THE CITY OF WYLIE,
TEXAS, ON FEBRUARY 18, 1995; MAKING PROVISION FOR THE CONDUCT OF THE
ELECTION AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH
ELECTION
PRESENTATION BY KERRY CAROTHERS, REPRESENTING THE PARKS &
RECREATION BOARD AND RESOLUTION NO. 94-37 ADOPTING A PROJECT LIST
FOR SUBMISSION TO THE WYLIE PARKS AND RECREATION FACILITIES
DEVELOPMENT CORPORATION FOR FUNDING AUTHORIZATION
Kerry Carothers presented a project list to Council for presentation to the Parks and
Recreation Facilities Development Corporation for funding authorization. He noted that the
Park Board's priorities for 1995 included developing a master parks and recreation plan and
promoting the upgrade of existing parks and recreation facilities. Councilman Bobby
Jennings arrived during this segment of the meeting. Wright me a motion to approve a
resolution accepting the project list. Mondy seconded the motion. The motion was voted
on and passed unanimously.
A RESOLUTION OF THE CITY COUNCIL OF WYLIE, TEXAS, ADOPTING A PROJECT
LIST OF PARK AND LIBRARY IMMEDIATE NEEDS FOR SUBMISSION TO THE WYLIE
PARKS AN RECREATION FACILITIES DEVELOPMENT CORPORATION FOR FUNDING
AUTHORIZATION IN FY95
APPOINTMENT WITH DON JERNIGAN REGARDING REQUEST FOR DISANNEXATION
Mr. Jernigan requested Council to disannex his property for failure to provide city
services. He introduced Thomas K Jernigan, co-owner of the property, and neighboring
property owners C.B. Watts and Mr. and Mrs. Waldner who had each signed a petition by
Mr. Jernigan for disannexation. They stated that sewer was within 500 feet but cost
prohibitive for hooking on and that Marshall Road had been paved and a street light
installed by personal funding since the road was a non-dedicated street. City Manager
Steve Norwood noted that research at the County had shown that Marshall Road from FM-
544 to the curve of the road was a dedicated street and would be maintained by the City.
Council discussed the disannexation petition with City Attorney Richard Abernathy
and the cost of boring under FM-544 with City Engineer Greg MacLean. Council
considered exchanging right of way for the cost of boring under FM-544 and discussed the
differences in obtaining utilities when developing raw land as opposed to building in a
developed subdivision.
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Mondy made a motion to take no action but instruct the City engineer to prepare a
cost analysis and instruct the staff to investigate the amount of existing and required right
of way. Allen seconded the motion. The motion was voted on and passed unanimously.
APPEAL FROM DAVID AND CAROLYN TUTTLE TO DECISION OF THE HOUSING
ADVISORY BOARD
David Tuttle, 112 Fairmount, explained that his residence had retained storm
damage that did not become evident until insurance had settled his claim. He stated that
unsettled damage included a warped and weather damaged garage door and vapor locked
windows. The Housing Advisory Board had not recommended forwarding his application
to the State until all storm victims who suffered major damage had been given an
opportunity to apply. Tuttle presented photos to the Council and discussed his insurance
policy and the number of vapor-locked windows. Council took no action on this request.
PUBLIC HEARING AND REQUEST FROM DAN SCARBOROUGH FOR CHANGE IN
ZONING FROM "B-2" TO "SF-2" ON APPROXIMATELY 5 ACRES LOCATED A WEST
BROWN AND WINDING OAKS
Mayor Swartz opened the public hearing and Dan Scarborough of Shepard Place
Homes, presented his application to the City Council to develop ten "SF-2" lots an
estimated 275 feet deep fronting Brown Street. Council questioned the developer regarding
parking and the provision of circular drives as well as the average structure size. Jennings
stated that the property had been designated "B-2" and was inappropriate for anything
other than retail uses. As there was no one else wanting to address this issue, the public
hearing was closed.
Wright made a motion to deny the zone change request. Jennings seconded the
motion. The motion was voted on and passed with all in favor except Adams who was
opposed.
REPLAT REQUEST FROM SHEPARD PLACE HOMES
This application was withdrawn following denial of the zone change application.
FINAL PLAT FOR PREMIER BUSINESS PARK ADDITION
Norwood explained that the Wylie Development Corporation had submitted the final
plat for three lots consisting of approximately 51 acres at County Road 297 and Sanden
Boulevard for future industrial development. He stated that the final plat as submitted met
all development requirements. Mondy made a motion to approve the final plat. Allen
seconded the motion. The motion was voted on and passed unanimously.
CHANGE ORDER#3 FROM MAX B CONSTRUCTION FOR 1ST STREET WATER MAIN
IMPROVEMENTS AND HOLLAND HITCH SEWER LINE
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Norwood explained that the change order in the amount of$2500 was a credit to the
City of Wylie for damage to sidewalks and drive approaches during construction. Jennings
made a motion to approve the change order. Mondy seconded the motion. The motion
was voted on and passed unanimously.
FINAL PAYMENT TO MAX B CONSTRUCTION FOR 1ST STREET WATER MAIN
IMPROVEMENTS AND HOLLAND HITCH SEWER LINE
Norwood explained that the project had been completed and that payment of the
remaining $43,533.73 would begin the one year warranty. City Engineer Greg MacLean
explained that a Consent of Surety was still needed from the contractor. Wright made a
motion to approve final payment subject to receipt of all required paperwork including the
Consent of Surety. Mondy seconded the motion. The motion was voted on and passed
unanimously.
STAFF REPORTS
Norwood updated Council on status of sales tax receipts, noted that the City of
Wylie's citizen newsletter had one another national award, and discussed the City of
Wylie's investment report. Finance Director Brady Snellgrove discussed investment status
with TEXTPOOL.
CITIZEN PARTICIPATION
Tim Hillery, 907 Mardi Gras, made a complaint to Council regarding the resolution
of a sexual assault case by the police department in the past year as well as the police
department's handing of a motor vehicle accident involving his son.
EXECUTIVE SESSION
Council adjourned into Executive Session at 10:10 p.m. under 551.072 Government
Code regarding acquisition of real property for economic development.
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`" APPROVAL OF REQUEST FROM DEVELOPMENT CORPORATION FOR LAND
PURCHASE
Upon reconvening into regular session at 10:20 p.m., Wright made a motion to
approve a request from the Wylie Development Corporation, Inc. for the purchase of
property. Mondy seconded the motion. The motion was voted on and passed
unanimously.
ADJOURNMENT
As there was no further business to c me before C uncil for consideration, the
meeting adjourned at 10:20 p.m.
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