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03-10-1998 (City Council) Minutes MINUTES Wylie City Council Meeting March 10, 1998 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order, March 10, 1998 at 7:00 p.m. with the following Councilmembers present: Wanda Sparks, J.C. Worley, Joel Scott and Cleo Adams. Reta Allen was absent. Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant to the City Manager; Brady Snellgrove, Finance Director; Greg MacLean, Consulting City Engineer; Jack Jones, Public Works Superintendent; Mike Phillips, Building Inspector; Tobin Maples, Planning Director; Chief of Police Jeff Butters; James Brown, Fire Department; Pam Gidney, Assistant Finance Director; and Barbara Salinas, City Secretary. INVOCATION Reverend Ray Richey of the First Baptist Church was present to give the invocation. PROCLAMATION Mayor Swartz presented Ms. Amanda Land, Red Cross representative, the Proclamation w _ declaring the Month of March as "Red Cross" Month. Mayor Swartz presented Ms. Donita Fisher, Wylie News representative, the Proclamation celebrating Fifty Years of Service to the Wylie Community by the Wylie News. ACTION AGENDA Consider and Act Upon Approval of the Minutes from the Regular Meeting of February 10, February 24 and Special Called Meeting of March 3, 1998. Council member Joel Scott requested the following corrections to the Minutes: 1) The Minutes of February 10, page 3, second paragraph. Please specify "John Mondy" after mention of the Mayor Pro Tem. 2) The Minutes of February 24, page 1, Action Items, second paragraph. In presentation of the proposed Charter Amendments, in mentioning the referendum time frame the figures, "45-30" need to be inverted. Page 3 of the same minutes stated that Mindy Manson recommended the appointment of Deborah Krom when actually Mindy advised Council of the resignation of Tena Sorrells and Councilman Scott recommended the appointment of Deborah Krom. Page 3, bottom of page. Please correct the spelling of Mr. Mondy's name. On page 6, the second paragraph refers to the purchase of land. Please correct to reflect the NW corner of Oak and Jackson. Wylie City Council Minutes March 10,1998 Page 1 ACTION AGENDA - Approval of the Minutes -continued Council member Scott made a motion to accept the Minutes with the corrections. Councilman Adams seconded the motion. A vote was taken and the motion was approved unanimously. PRESENTATION Mr. Harlan Moore, Representative of the Texas Department of Transportation, gave a status report on the status of State Highway 78. Mr. Moore advised the Council that they have acquired all of the Right of Way for Highway 78, with the exception of three parcels. He stated that offers have been made to one mobile home property owner as of March 3 and offers have been made on four additional parcels within the Mobile Home Park as of February 27, 1998 and that of those, two property owners have accepted with two pending. Mr. Moore reported that Parcel 32 located on the northwest corner of FM544 and SH78 will have to be condemned by publication due to lack of response from the property owner. The Department has received Minute Action from the Commission and pending information from the title company will move forward with the eminent domain proceeding by the Attorney General. Parcel 32A is a similar situation and will be done in the same manner. Minute Action is dated December 18, 1997 and is also pending information from the title company. Once these actions are turned over to the Attorney General office it may take six to nine months to process. The Department is still prepared to meet the letting date of May 1999 as previously scheduled. Mr. Moore concluded his presentation stating that there would be a meeting of all utility companies on March 19 at the Municipal Complex to coordinate the relocation of utilities and share information with City forces. Councilman Adams asked Mr. Moore the date he received his information. Mr. Moore stated that the information received as of today. Councilman Adams stated that he was present at a meeting of the property owners and that all offers had been accepted. Mr. Moore stated that the acceptance was not in writing but was only verbal. He stated that the two property owners that have not accepted are pending further investigation of additional entitlement and that it may be after April 15 before all parcels are agreed upon. He stated that Collin County has assured that condemnation will be high on their priority list. Mr. Collins asked Mr. Moore for clarification of the acquisition of right of way. Mr. Moore stated that agreements from the four mobile homes and the Collins Company property owners are necessary for the contract to be let for construction. However, the parcels remaining at the FM554/78 intersection do not need to be acquired before construction can begin. Mr. Moore stated that if the parcels on FM544 involve the relocation of utilities,most utility companies may be hesitate to begin until all utilities can be relocated at the same time. Mr. Moore stated that the City could assist by getting the utility companies to move their facilities, but we would need to acquire right of way first. Wylie City Council Minutes March 10,1998 Page 2 PRESENTATION - Harlan Moore, TxDOT -continued Mr. Collins asked Mr. Moore to explain what "right of entry" is. Mr. Moore stated that "right of entry" is an instrument by which an owner allows a utility or individual to enter upon their property, such as for utility relocation. In some cases, because the Department does not know who the owners are, with regard to specific parcels yet unacquired, they remain unresponsive, thereby resulting in condemnation proceedings. There being no further questions of Mr. Moore, he concluded his presentation and was thanked by the Council. ACTION ITEMS Consider and Act Upon Appointing a Replacement to the Wylie City Council to Fill an Unexpired Term Ending May 1999 and Administer Oath of Office. Councilman Worley nominated Mr. Lavern Ramsey. Councilwoman Sparks seconded the motion. Before a vote was called, Councilman Adams nominated Ms. Susan Shuler. This motion was seconded by Councilman Scott. The Mayor called for a vote on the first motion. A vote was taken and recorded as follows: Councilman Worley, Councilwoman Sparks, and Mayor Swartz voted to approve the nomination of Mr. Lavern Ramsey. Councilman Adams and Scott were opposed. Councilman Scott requested that the Council take a five minute recess. Council reconvened after a five minute recess. Ms. Susan Shuler came forward and made a statement that she appreciated the nomination by Councilman Adams, however, she plans to run for School Board and would not be able to fill the Council position. Councilman Worley made a motion to appoint Mr. Lavern Ramsey to fill an unexpired term ending May 1999. Councilwoman Sparks seconded the motion. A vote was taken and the motion was approved unanimously. The Mayor administered the Oath of Office to Mr. Ramsey and he was seated at the Council bench. Consider and Act Upon Appointing a Replacement to the Planning and Zoning Commission to Fill an Unexpired Term Ending July 1998. Councilman Scott made a motion to appoint Ms. Sharon Dowdy to fill an unexpired term ending July 1999. Councilman Worley seconded the motion. A vote was taken and the motion was approved unanimously. Wylie City Council Minutes March 10,1998 Page 3 ACTION AGENDA-continued Consider and Act Upon Renewal of the Interlocal Agreement Between the City of Wylie and the City of Plano for the Use of the City of Plano 800 MHZ Trunked Communication System. City Manager, Mike Collins asked that Chief Butters address this item. Chief Butters stated that this agreement allows the City of Wylie to lease space on Plano's radio system. Chief Butters stated that the fees will remain the same and are very reasonable. The coverage is in the service area is excellent and service from the City of Plano good. Councilman Scott made a motion to renew the Interlocal Agreement between the City of Wylie and the City of Plano for the use of the City of Plano 800 MHZ Trunked Communication System. Councilman Worley seconded the motion. A vote was taken and the motion was approved unanimously. Consider and Act Upon Approval of Work Order No WYL-24, Authorizing the Hogan Corporation to Proceed with the Design of the Remainder of the 1995 Bond Program Water Project to be Publicly Bid. City Manager, Mike Collins asked that Mr. Greg MacLean, Consulting Engineer, address this item. Mr. MacLean explained that the work order is to perform the design phase and construction phase services for the proposed remaining water main improvements to be publicly bid. He stated that the projected cost is $235,500 and that the original 1995 bond budget for this project was $239.425. Mr. MacLean stated that these projects are located in the central, older section of town and that they would be grouped into one bid package and publicly bid and awarded to one bidder. Mr. MacLean explained that these are projects that Public Works Department is not capable of constructing in a timely manner and due to utility conflicts, traffic and pedestrian considerations, and other related issues, the project will be advertised publicly. Mr. MacLean made reference to the next agenda item which addresses those project that will be performed by Public Works. Councilman Adams made a motion to approve Work Order No WYL-24, authorizing the Hogan Corporation to proceed with the design of the remainder of the 1995 Bond Program Water Project to be publicly bid. Councilwoman Sparks seconded the motion. A vote was taken and the motion passed unanimously. Consider and Act Upon Approval of Work Order No. WYL-25, Authorizing the Hogan Corporation to Proceed with the Design of the Remainder of the 1995 Bond Program Water Projects to be Completed by City of Wylie. City Manager, Mike Collins asked that Mr. MacLean address this item. Mr. MacLean stated that this work order will cover the remaining 1995 Bond Program water projects which are proposed to be constructed by City Forces. Wylie City Council Minutes March 10,1998 Page 4 ACTION AGENDA - Work Order No WYL-25 -continued These projects have been prioritized according to system needs. These projects are located in areas which will not require any interruption or conflict with pedestrian or vehicular traffic. The project cost for the proposed improvement installed by City forces is $172,643.00. The original 1995 Bond Budget for these projects was $238,625.00 for a savings of approximately $65,000. Councilman Scott made a motion to approve Work Order No. WYL-25, authorizing the Hogan Corporation to proceed with the design of the remainder of the 1995 Bond Program Water Projects to be completed by City of Wylie. Councilman Worley seconded the motion. A vote was taken and was approved unanimously. Consider and Act Upon Approval of Issuing Change Order No 1 for Four-D Construction Company for the Construction of the new 20-inch Water Main Located Along FM 544. City Manager, Mike Collins made a statement with regard to this item, before asking Mr. MacLean to address the item. Mr. Collins stated that staff makes every effort to adhere to the change order policy contained in the purchasing manual, and this item is a clear example of what should be an acceptable alternative to the policy. He stated that with this situation, It was necessary in the field to negotiate directly with property owners in order to prevent further delays in construction. Mr. Collins stated that as a general rule, staff makes every attempt to adhere to the polices in the manual. Mr. MacLean stated that Change Order No 1 represents work performed by the Contractor as part of the compensation packages offered to the property owner along the water main alignment in return for the granting of utility easements to the City. He stated that individual offers were made to all property owners in consideration of the easements and were based on individual circumstances and specific property requirements. Mr. MacLean stated that Change Order No 1 includes various water service connections for individual users, earthworks associated with drainage improvements and two additional manholes. Mr. MacLean stated that all items were included in the negotiations between the City and each property owner. Mr. MacLean further stated that the total amount of Change Order No 1 is $21,755.00. In his opinion, was substantial less than the potential costs for construction delays caused by unresolved negotiations. Councilman Worley made a motion to approval issuing Change Order No 1 for Four-D Construction Company for the construction of the new 20-inch water main located along FM 544. Councilman Adams seconded the motion. A vote was taken and the motion was approved unanimously. Wylie City Council Minutes March 10,1998 Page 5 ACTION AGENDA -Change Order No 1-continued Consider and Act Upon Final Acceptance of the Reconstruction of Approximately 1,250 Linear Feet of Alleys Between Briarwood, Dogwood and Woodhollow Streets from Stone Road to Briarwood Drive; Provide Authorization for Change Order No. 1 and Issue Final Payment in the Amount of$9,690.32 and Accept the Project as Complete. City Manager, Mike Collins asked Mr. Greg MacLean to address this item. Mr. MacLean stated that the project was complete and that the contractor did go into default at the end of the project. He stated that the work left for completion was minor clean up and sealing of joints in the concrete. He stated that staff calculated and negotiated with the Bonding Company as to how to finalize the contract and that the city was able to retain enough of the contract which they still held to cover the expenses incurred by the city and the Bonding Company allowed the city to make that calculation and make the payment to them in the amount of $9,690. Mr. MacLean stated that the Bonding Company will still provide the one year maintenance bond which will begin if authorized by Council this evening. Councilman Scott made a motion for final acceptance of the reconstruction of approximately 1,250 linear feet of alleys between Briarwood, Dogwood and Woodhollow Streets from Stone Road to Briarwood Drive; and to provide authorization for Change Order No. 1 and issue final payment in the amount of$9,690.32 and accept the project as complete. Councilman Worley seconded the motion. A vote was taken and the motion was approved unanimously. STAFF REPORTS City Manager, Mike Collins asked that Jack Jones come forward and update the Council regarding problems that will be effecting the nursing home on Brown Street and some area businesses. Mr. Collins offered his thanks to the Wylie News for their coverage and commended Jack Jones, Mike Phillips, Chief English and Mindy Manson who worked hard with the nursing home to lessen the impact to their residents. Mr. Collins stated that this action clearly demonstrated staffs commitment to customer service and reinforces the Mission Statement. Mr. Jones came forward and added his thanks to the Wylie News for their coverage and updated Council on the progress of the water situation. Mr. Jones stated that on March 12 they would be shutting the water down and arrangements have been made to accommodate the residents during this period. He stated that the Wylie Center will be provided water and that only the nursing home will be without. He stated that the Public Works Department had found a way to allow them some water during the day so that they would not be entirely without water service. Councilman Scott asked Mr. Jones if it would be for only one day. Mr. Jones responded that they anticipate approximately 8 hours and reassured Councilman Scott that no one would be totally without water service. Councilman Scott then asked about the residents surrounding the area and how this would effect them. Mr. Jones responded that it would not effect any of the residents. Wylie City Council Minutes March 10,1998 Page 6 STAFF REPORTS - continued City Manager Mike Collins stated that city staff had received some phone calls regarding the city formally adopting a policy on Multi Family development. He stated that some are asking if the City has issued a moratorium. Mr. Collins stated that this is not the case and that this has been clarified and once again stated that Council has not adopted a formal policy. Mr. Collins reminded the Council of the Chamber of Commerce Banquet to be held on Saturday, March 21 at the Omni Hotel in Richardson. He further stated that the City of Wylie Employee of the Year will be recognized at this event. Mr. Collins advised Council of the passing of Ms. Anita Collins mother on Tuesday afternoon. He stated that the funeral will be held on Wednesday and that several members of city staff will be attending in Garland. Ms. Mindy Manson addressed Council's concerns regarding the Community Center. She stated that the contractors did not show up on Saturday as scheduled, but did show up last week when it was not convenient for the work to be done. She stated that several dates were recently submitted to the Contractor and the city has had no response. Ms. Manson stated that the City Attorney has been contacted to see what options can be pursued if the contractor does not fulfill its obligation. Councilman Scott asked if there was a reason why we could not route traffic through the north - door. Ms. Manson explained with the assistance of Mr. Phillips that the north door is an emergency exit only and therefore does not have a handle on the outside. Mr. Phillips stated that a handle could be installed, but would have to be removed eventually leaving permanent damage to the exterior of the door. Councilman Worley offered his services to repair the door if it would expedite the process. The Mayor agreed that it need to be addresses as soon as possible. Councilman Worley stated that he would schedule a time with Ms. Manson who would contact the contractor to proceed with repairs. Councilman Worley asked Mr. Phillips for status on the business at FM544 since the Certificate of Occupancy had been removed. Mr. Phillips responded that on Thursday, members of city staff were summoned to Court with regard to pending violations on said business owner. He stated that he has not heard from the property owner since the Certificate of Occupancy was removed and that he was waiting to hear from TU Electric representatives before we initatiate removing his utilities. Councilman Worley asked if the owner was still receiving water service from the city. Mr. Phillips responded that he was until he has had opportunity to visit with TU Electric as to procedures for removing utilities. Councilman Scott asked if he was still conducting business. Mr. Phillips was unsure as to what if any business was being conducted at this time. He further stated that since pulling his Certificate of Occupancy there has been no further progress on the clean up. Mayor Swartz inquired as to the business also located on FM544. Mr. Phillips stated that the property owner is in the process of moving his materials into his new shop and that he plans to visit with him tomorrow. Wylie City Council Minutes March 10,1998 Page 7 STAFF REPORTS - continued Mr. Greg MacLean reported that he was asked by the City Manager to visit with Jack Jones to address the problems on Valentine Creek/Park. He reported that the channel has not been maintained and the banks have erroded. Mr. MacLean stated that citizens have made repeated calls to the city with regard to concerns to their property and that the City needs to take some action. He stated that he had provided Council with a copy of the letter drafted to Jack Jones and that the resolution to the problems would be dependent on how much Council wanted to spend. The first option suggested was to do some grading work with city forces such as sod or seeding exposed areas. The second option was to do some grading work and rock similiar to the Rustic Oaks area. Mr. MacLean further stated that the area in Rustic Oaks, south of Oak has been effective by stopping erosion and this same technique could be applied to Valentine, once again depending on the funds available. Councilman Scott asked if water went up into the citizens yards. Mr. MacLean stated that it did not and that the complaints received were erosion related. Councilman Scott and Councilwoman Sparks agreed that we need to address the problem quickly. City Manager Mike Collins asked if the Council wished to have a specific recommendation brought forth at the Council Meeting in late April. The Mayor and Councilman Scott agreed that it should be addressed quickly. Mr. MacLean added that this would be a dry weather job and that if we attempt during wet weather it can cause more damage. He added that the City has been notified by a property owner that they had suffered foundation damage due to erosion caused by the channel. Mr. MacLean clarifed the confusion by stating that the engineer did not attribute foundation damage to the channel but did state there was potential. Councilman Worley stated that he felt there needs to be a plan of action prepared to address this situation. Mr. MacLean commended city staff members, Ray Corey and Jack Jones for doing an excellent job with projects currently underway. He stated that they are dong a good job of keeping tract of the activities of contractors and developers and have handled situations professionally. Councilman Worley asked about the status of Kreymer Lane. Mr. MacLean stated that there have been delays due to the complexity of moving some TU Electric, GTE wiring but that with this accomplished, they will continue on completion of the other half of Kreymer Lane. Councilman Worley and Scott both expressed lighting concerns at the unfinished intersection. Mr. MacLean stated we could additional barricades to guide traffic until work is completed. CITIZENS PARTICIPATION Mayor Swartz asked if anyone was present who wished to address Council to please come forward and state their name and address for the record. Wylie City Council Minutes March 10,1998 Page 8 CITIZENS PARTICIPATION -continued Mr. Tim Foster - 3475 Vinson Road. Mr. Foster stated that he was notified at the end of February that Rowlett was attempting to annex a part of his 330 acres currently located in the City of Wylie's ETJ. He stated that he has owned this property before Wylie was founded and urged Council to protect its territory. He stated that he feels this is an area of future growth and though his property is not contiguous to Wylie he did make his request to the Assistant City Manager. City Manager, Mike Collins stated that city staff had been in contact with the City Attorney regarding this situation and the city attorney has cautioned staff with regard to divulging specific information and that city staff has a great deal of research to do with regard to definition of city limits and ETJ boundaries. He stated that staff will have something to report to Council at a later date. With no further Citizen Participation, a motion was made by Councilman Scott and seconded by Councilman Worley to adjourn in to Worksession. WORKSESSION Preliminary Fee Schedule Ms. Pam Gidney made a presentation of the Fee Schedule by first recognizing the Committee Members who worked with her on the recommendations. She stated that the committee's goals were to set fees that were average and appropriate. Pam stated that if the new fees are adopted it would increase the budget by approximately $18,000. Ms. Gidney gave a brief departmental breakdown of fee change impacts. She stated that the revenue generated was not significant to the entire budget and was then available for any questions Council had. Council members had questions regarding permitting and regulating specific types of businesses; Current policies for implementing high weeds/grass control; and vendors who operate along the roadside. Concerns were addressed by city staff present. Ms. Gidney stated that a formal recommendation will be forthcoming to Council in May and offered copies of presentation materials at Councils request. Wylie Economic Development Corporation - Project Update Mr. Sam Satterwhite, Director of the Wylie Economic Development Corporation gave an update to Council and staff regarding three projects recently finalized and presented a conceptual site plan for Premier Business Park. The three new businesses are, CPI Communications, L.G. Motorsports, Inc., and Hoffman Blast Room Equipment. Wylie City Council Minutes March 10,1998 Page 9 WORKSESSION -WEDC Update -continued Mr. Satterwhite gave a brief presentation of each of the newly relocated businesses beginning with CPI which is an electronics assembly firm that purchased 1.156 acres of land within the Park and will employ 25 individuals. L.G. Motorsports manufactures high performance auto parts and manages and participates in racing teams within a racing league similar to the NASCAR circuit. L.G. Motorsports has purchased 2 acres of property fronting SH 78 and will employ 22 individuals. Hoffman Blast Room Equipment designs and manufactures a variety of blast room machinery ranging from small, pre-welded and assembled blast rooms and paint booths to completely installed turnkey facilities including the reclamation systems necessary to properly dispose of the blast material and abrasives. Hoffman has purchased 8.42 acres within the Park located at the Southwest corner and with completion of both Phase I and II will employ a total of 24 individuals. Mr. Satterwhite concluded his presentation by thanking Council and staff for their continued efforts in promotion of industrial development and acknowledged the level of cooperation exhibited between the City of Wylie, WEDC, WISD, and the Chamber of Commerce which allows Wylie to remain competitive in economic development efforts. Mayor Swartz thanked Mr. Satterwhite and praised him for doing a good job. EXECUTIVE SESSION Hold Executive Session Under Section 551.075 of the Texas Government Code, Conference with Employees regarding City of Wylie vs. Ronnie Higginbotham Cause No. 19976197 and City of Wylie vs Christopher Filline Cause No 4-98-CV-47. RECONVENE INTO OPEN MEETING No action taken as a result of the Executive Session. ADJOURNMENT As there was no further business to come before the Council, the meeting was adjourned. Jim Swartz, Mayor Attest: bara A. Sali , City Secretary Wylie City Council Minutes March 10,1998 Page 10