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06-24-1997 (City Council) Minutes Minutes of the Wylie City Council Meeting and Worksession June 24, 1997 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order, June 24, 1997 at 7:00 p.m. with the following Councilmembers present: Cleo Adams, J.C. Worley, Wanda Sparks, Reta Allen and Joel Scott. John Mondy was absent. Staff members present were: Mike Collins - City Manager, Mindy Manson - Assistant to the City Manager, Brady Snellgrove - Finance Director, Mike Phillips - Building Official, Greg MacLean - Consulting Engineer with the Hogan Corporation and Rebecca Rogers - Community Development Secretary. CONSENT AGENDA 1) Consider Approval of Minutes for May 27, 1997. 2) Consider Approval of Resolution Authorizing the Requests of the Chamber of Commerce Related to the July Jubilee Celebration July 16-19, 1997. RESOLUTION NO.97-9 OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AUTHORIZING THE REQUESTS OF THE CHAMBER OF COMMERCE IN RELATION TO THE JULY JUBILEE CELEBRATION SCHEDULED FOR JULY 16 THROUGH JULY 19, 1997. 3) Consider the Optional One Year Extension of a Contract with APAC - Texas to provide Asphalt Overlay and Seal Coating on City Streets. 4) Consider Approval for Work Order No. WYL-22 Authorizing the Hogan Corporation to Proceed with the Design of the New 12-inch Water Main Improvements from Newport Harbor Subdivision to Pointe North Subdivision through the Birmingham Farms Area. Adams made the motion to approve all of the items on the Consent Agenda. Allen seconded the motion. The motion was voted on and approved unanimously. CITIZEN PARTICIPATION Mayor Swartz stated that due to the length of the agenda, Citizen Participation was being conducted at this time Ronnie Housewright, PO Box 835, Wylie, Texas 75098 - Mr. Housewright's Minutes of the Wylie City Council,June 24, 1997,Page 1 property has been a home to his family for generations. The extension of Marshall Lane would literally be in his front yard. It would be an invasion of privacy,jeopardize his security and cause undue exposure to public traffic. This is a road that he doesn't want or need. No development in this area at this time, assumes this is to provide access to a piece of property that doesn't have any. Access to this property is stated in the Easement Agreement for Flood Control Structures, recorded in Vol. 488, page 348-350 and in the order of Flood Control Easement is recorded in Vol. 24, page 268. Access to this property is to the east across Muddy Creek to FM 1378. These easements are part of the property's deed and the owner should have been aware of them. City need's take the shortest route if the construction of this road is strictly to provide access for this property owner. Power lines, fences, and gates would have to be moved and the tree lines would have to be destroyed which is a habitat for small animal and birds. Mr. Housewright reiterated that taking part of his front yard would be an invasion of privacy. Provided Councilmembers with legal documents and a video. This situation has gone before and been ruled on by a District Judge. Pat Easterling,Wylie,Texas 75098 - owns the property Mr. Housewright refers to and is familiar with the books and legal documents that Mr. Housewright referred to. The people who previously owned the property made a pact with the U.S. Congress for the water retention. They offered to supply a bridge to the east but did not keep their word. Lawsuits were filed in Federal Court and settled out of court with the legal papers that the County of Collin would provide a road to that property, the same road that the City intends to provide. Mr. Housewright sued the Easterlings so that they can not cross his property and Mr. Housewright landlocked them. Mr. Housewright is also landlocked but Mr. Mannewitz is the only who has access and allows Mr. Housewright access. Mr. Housewright demanded $275.00/month to allow the Easterlings access to their property and when they denied it, Mr. Housewright filed a lawsuit, was ruled on and is now under appeal. Ms. Easterling is providing the Councilmembers with a copy of the Campbell Survey to the West of her property that shows a country lane accessing her property in 1973 by a certified surveyor. Mr. Housewright has never had a survey since he inherited his property. Ms. Easterling was annexed in 1985 and has paid City taxes and has had no city services as of yet. Ms. Easterling wants this road and when Mr. Pappas was City Manager this road was already planned. She bought this property with the sole intention of providing an equestrian center in 1984. Barbara Mannewitz, 5609 Indian Hill, Garland, Texas - This has already been dealt with in a court of law and Ms. Mannewitz feels that most of this should stay in the legal arena. Her personal opinion is that the issues among the Housewright's, Easterling's and the Mannewitz's are going to be solved in a court of law. There is an ongoing problem that the City and the County have planned to build a road from FM 544 back apparently to where Park Road would come through. Mr. Campbell has approached several property owners indicating an interest in purchasing various parcels of land because he has expressed an interest in developing his property. Ms. Minutes of the Wylie City Council,June 24, 1997,Page 2 Mannewitz has also been contacted by Con Shirley for Mr. Campbell. Instead of having everyone at war with each other, it might be wise to approach Mr. Campbell who wants to develop his property and have the road run along the edge of his property which will benefit him, not cause harm to anyone else and solve the problem of access for the Easterlings. There is a great deal of concern regarding the quality of the road that would be put back there. The City has not taken care of Marshall Lane and it is in worse condition than when the county was responsible for it. These concerns have not been addressed very well, not ignored, just not addressed. The City ought to look for a way to resolve the problem without starting a feud, perhaps by involving Mr. Campbell. No one feels that they have been dealt with fairly and it is still being handled in the courts. It is possible that the Easterlings are in contempt of court by even approaching the City about the road and Ms. Mannewitz would hate to see the City get dragged into the middle of something really unpleasant. Joy West,6 Riverview Court,Wylie, Texas 75098 -Has resided there for 7 years. There is a drainage ditch that runs alongside her property. She bought the property in 1990, in 1991 the drainage ditch washed her fence in the backyard. The City came out, took the fence down, put dirt in, and put the fence back up (not as it was before). It is now washed out again and it is no longer just her problem. Everyone along the ditch has problems. It has eroded her property and she had a structural engineer come out and look at the property. He has determined that damage has been done to her property. On July 15, 1996, Ms. West walked all the streets along the ditch and people volunteer to sign a petition for something to be done. There are high weeds and a lot of snakes inhabit that area and she would really like to see something done as soon as possible. Suzanne Housewright, PO Box 835, Wylie, Texas 75098 - Moved here to live in the country to be away from everything and raise their children in a quiet neighborhood. There have been numerous problems over the years and handled as a civil manner. Let's have a win-win situation. Maybe a study should be conducted and have it funded by the City and by the Easterlings, and see what is best for the City. Look at where the revenue and the expense ratio is, water, parking, zoning, etc. should be considered. Look at the bigger picture. No one else present for Citizen Participation. Mayor Swartz stated that this was not an easy situation. The City is between a rock and a hard place. Everyone has very valid points and the City will try to work out the best plan to make everyone happy and settle this. ACTION ITEMS 5)Consider approval of a Resolution for Zoning Classification for "Bed and Breakfast Ind'. Mike Phillips, Building Official, presented the details of the request. A request had been received for the conversion of a single family dwelling into a Bed and Breakfast establishment. There is no category in the Zoning Ordinance of the City of Wylie that covered 5 guest rooms or less. The Minutes of the Wylie City Council,June 24, 1997,Page 3 process is the same as what was done last year to identify in what category a "Batch Plant, Permanent" should be placed. Research showed that McKinney and Plano both have the "Bed and Breakfast Inn" classifications but handle them differently as to what locations they are permitted in. City of McKinney uses a Specific Use Permit for every Bed and Breakfast facility while the City of Plano allows them by right in their Business/Government District which is primarily around their old downtown area. The Planning & Zoning Commission recommends the classification of"Bed & Breakfast Inn"be allowed by right in"R", Retail(where hotel/motel is allowed). Boarding/Rooming Houses are allowed under Multi-family zoning and the Board recommended that"Bed and Breakfast Inn"be allowed by Specific Use in Multi-family and Agricultural Districts. The Building Code and the Fire Code draw a line between what is considered a residential type use (5 bedrooms or less). This would allow a single family dwelling to be converted to a Bed and Breakfast facility with relatively little additional fire protection (built in alarms, etc.) Mayor Swartz asked if converted houses would have to be upgraded before they could be opened and Mr. Phillips replied that this was not the case, that the Uniform Building Code recognizes a multi-family dwelling with an occupant load of 10(figuring 2 people per bedroom). Once the occupant load of 10 is exceeded, the fire and building codes call for fire wall separation and alarm systems. Each sleeping room will have smoke detectors and they will be required to be interconnected so when one goes off anywhere in the house, all of the smoke detectors go off. Allen made the motion to approve the Resolution for Zoning Classification for"Bed and Breakfast Inn". Adams seconded the motion. The motion was voted on and passed unanimously. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION PLACING THE UNLISTED USE OF"BED AND BREAKFAST INN" IN "R" - RETAIL DISTRICT AND BY "SUP" - SPECIFIC USE PERMIT IN "A" - AGRICULTURAL DISTRICT AND"MF"-MULTI-FAMILY DISTRICT,PURSUANT TO SECTION 29 OF THE ZONING ORDINANCE. 6) Consider Award of Contract for the Reconstruction of Approximately 1,140 Linear Feet of Alley Between Briarwood and Dogwood (Extended 1997 Alley Improvement). Greg MacLean, Consulting Engineer with the Hogan Corporation stated that the City has originally budgeted $100,000 for street overlay and alley reconstruction portion of the budget to repave alleys in the Butler-Dogwood area of the city. The original contract that was let to L. Smith Contractors was within the City's budget and left a portion of one the alley's unconstructed. Discussion at the last Council meeting entailed possibly reallocating $50,000 from the street overlay program and putting that towards the alley reconstruction in order to finish the alley between Briarwood and Dogwood Streets. When the bids came in, there was approximately $13,900 left over of the $100,000 budget (includes, engineering, surveying and actual construction). Mc. MacLean feels that with the addition of$50,000, the alley construction could be finished all the way to Stone Road. After discussion at last Council Meeting and Council authorizing the reallocation of those funds, bids were advertised for the extension of the alley improvements, the improvements being more than 25% of the budget required sealed bids. Several good bids were received, with the low bid submitted by Allied Builders for$64,211 for the completion of the alley. The grand total for all of the alley construction (including L. Smith Contractors bids of$73,000, the left over amount from the original budget) is $150,265.01. Minutes of the Wylie City Council,June 24, 1997,Page 4 With the$50,000 reallocated from the street overlay fund, it is within $265.01 of that amount. The Hogan Corporation has reviewed the qualifications and references provided by Allied Builders and found them to be a responsive bidder and performed well on similar projects in the area in the past and recommends awarding the contract to Allied Builders for the remaining portion of alley and also for the allocation of$150,265.01 to complete both projects together. Scott made the motion to approve the contract for the reconstruction of approx. 1140 linear feet between Briarwood and Dogwood alleys for$64,211 to Allied Builders. Seconded by Allen. The motion was voted on and passed unanimously. City Manager Mike Collins stated that the residents in the areas that benefit directly from these improvements continue to be extremely patient with the City as well as the contractors. We have received a lot of rain over the last few weeks and that always impacts this type of construction and communication lines need to remain open between the City, the residents, the contractor and BFI to keep everyone updated on progress. 7) Consider Appointments to the Ambulance Advisory Board, Construction Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Dev. Corp. Board, Planning and Zoning Board,Zoning Board of Adjustments and Wylie Economic Development Corporation. Mayor Swartz stated that this was handled differently this year than it had been in years past. When information was gathered from the applicants, they were requested to come in and meet with three of the Councilmembers and the City Secretary and discuss what was involved in being on a Board. Cleo Adams and Councilman Joel Scott were in that group. Scott stated that Mr. - Adams,Mayor Protem Mondy and himself spoke to approx.22 - 25 applicants. There were several who were unable to make the appointments, so they interviewed via telephone. Scott was very pleased with this process, it allows to meet the applicants, who they were and what the ideas for growth of the City were, what brought them to Wylie, what's going to keep them in Wylie and what they would change if they could change anything in Wylie. What would be a good balance in the community, would their jobs prohibit them from serving on the boards. Most were new residents (1- 5 years), professional mid-management to upper management,young families, looking to get involved in the city. Because there were only 15-16 positions open, could not give every qualified applicant a position, but they will be kept in line for when a position becomes available. It was found that some people would may be best suited in other positions, some expertise in other areas, that would be best put to use in another position. Mayor Swartz stated the Board who interviewed everyone has come up with their recommendations for each of the Boards and Council will act on these recommendations unless there is someone that needs to be put in that place. Scott mentioned that there were a couple of Boards that the panel felt some concern over and that Staff should look into: Construction Code Board, not using the talent on that board and it can be expanded, not called upon very often; Ambulance Board, not sure where it got started (possibly when public), but can be expanded to make it a Public Safety Board (police, fire and ambulance). The recommendations are as follows: Planning&Zoning Board- Scott made the motion to nominate Ray Capley, Mark Clark and Steve Ahrens for the three expiring positions. Seconded by Worley. The motion was voted on and passed unanimously. Minutes of the Wylie City Council,June 24, 1997,Page 5 Zoning Board of Adjustments - Adams made the motion to nominate Stuart Allison, Gerald Clark and Greg Alford for the three expiring positions. Seconded by Worley. The motion was voted on and passed unanimously. Construction Code Board - Scott made the motion to nominate Dwight Lancaster and Eric Hogue for the two expiring positions. Seconded by Worley. The motion was voted on and passed unanimously. Park and Recreation Board - Adams made the motion to nominate Dan Chestnut, Kerry Carothers and Janice Neely for the three expiring positions. Seconded by Allen. The motion was voted on and passed unanimously. Library Board- Scott made the motion to nominate Tom Proctor, Mary Conely and Shirley Burnett for the three expiring positions. Seconded by Sparks. The motion was voted on and passed unanimously. Ambulance Board-Adams made the motion to nominate Reta Allen, Sharon Trongaard and Kurt Hall for the one expiring position and two additional positions. Seconded by Worley. The motion was voted on and passed unanimously. Wylie Economic Development Corporation- Scott made the motion to nominate John Yeager and Kevin St. John for the two expiring positions. Seconded by Allen. The motion was voted on and passed unanimously. Scott asked that these Boards appointment Chairmans as well as Vice-Chairmans. STAFF REPORTS Collins stated that the McCreary Road Project, originally slated to be completed by the end of June, should be ready by the middle of July. Kreymer Lane and related improvements that affect the Wylie Ranch East subdivision involving proposed drainage and sewer improvements, project was advertised today. Bid opening will occur on July 10 and the next Town Hall Public Meeting for affected residents will be on July 17 to discuss the alternate bid received from the contractors and what the level of participation would be from the property owners and bring that forward to Council for consideration on July 22. A Budget Worksession is scheduled for July 1st and a second Worksession scheduled for July 15. A different approach is being taken for the first Budget Worksession. Very detailed information that can provide some analysis for Council by looking at the previous 5 years of budgets in order to identify any trends in what portion of the budget is going for personnel and what portion is going for other expenses. Personnel services is the most costly and largest percentage of the budget. Then look at the next 5 years, take the current years budget and based on inflationary factors that they are aware(health insurance, worker's comp.), project what that will cost five years from now if no additional personnel were recommended or Capital Expenditures incurred. Discuss where trends are going and share some proposed levels of service from the departments at the first budget meeting on July 1. Look at the calendar for August for the third and Minutes of the Wylie City Council,June 24, 1997,Page 6 last budget meeting. Scott asked if the Kansas City Southern had responded to the Ballard Street crossing problem. Collins stated that they hadn't. Scott would like for KCS to understand that the longer they take to repair that crossing, that they are deteriorating the community's trust in them. Snellgrove reported that the April financial statements showed good trends in revenues, sales tax is up 6%from last year. Amnesty program brought in approximately $5,000 from people with old warrants. Scott asked if the Amnesty program was fairly popular. Snellgrove replied that a lot of cities don't do this yearly. The City does this to clear up the books and get the outstanding ones sent to the collection agency. Scott stated that this program seems very successful. Mayor Swartz stated that there would be a five minute break and then go into Worksession to discuss two items: 1) Presentation of Independent Audit of Fire Inspection Program, and 2) Presentation and Discussion of City-Wide Drainage Study for the City of Wylie. WORKSESSION Presentation of Independent Audit of Fire Inspection Program Randy Slack, Sr. Fire Protection Specialist, Plano Fire Department presented the Audit of the Wylie Fire Department Fire Inspection program. Mr. Slack stated that in general the Wylie Inspection Reports were in line with what he found during his inspections. He stressed that the City's inspectors knew their Fire Codes but perhaps a little more diplomacy could be used when conducting inspections. This is something that is obtained with experience in the field. Chief English stated that the City would look into Customer Service type classes for the inspectors. Presentation and Discussion of City-Wide Drainage Study for the City of Wylie Greg MacLean, Consulting Engineer for the Hogan Corporation presented and discussed a city-wide drainage study for the City of Wylie. The Hogan Corporation covered several areas in the City of Wylie that are currently drainage problems, gave possible solutions to correct the problems and outlined the areas which probably need immediate attention and the cost for these improvements. EXECUTIVE SESSION Executive Session was held under Sections 551.071 consultation with attorney; 551.072 deliberations about real property; and 551.075 conference with employees to receive information and question employees regarding pending litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District Executive Session was held under Section 551.072 deliberations about real property for economic expansion along State Highway 78 Minutes of the Wylie City Council,June 24, 1997,Page 7 ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. Mayor im Swartz Rebecca Rogers, Secretj y Recording the Minutes for June 24, 1997 / Susan Shuler, City Secretary Minutes of the Wylie City Council,June 24, 1997,Page 8