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06-09-1998 (City Council) Minutes MINUTES Wylie City Council Meeting June 9, 1998 Call to Order Mayor John Mondy called the City Council Meeting to order, June 9, 1998 at 7:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, Lavern Ramsey, and J.C. Worley. Councilman Merrill Young and Councilman Chris Trout were absent. Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant to the City Manager; Brady Snellgrove, Finance Director; Pam Gidney, Assistant Finance Director; Jack Jones, Public Works Superintendent; Police Chief Jeff Butters; Greg MacLean, Hogan Corporation and Barbara Salinas, City Secretary. Invocation Councilman Scott gave the Invocation. Pledge of Allegiance Mayor Pro-tem Worley lead the Pledge. Consent Agenda Mayor Mondy asked that Item No. 8 be removed from the Consent Agenda due to recently developed circumstances. 8. Consider and Act upon a Final Plat for the Dollar General Addition, proposed by Jackson & Associates Land Surveyors, Generally Located at the Southeast Corner of State Highway 78 and Marble Street and being all of Lots 1-5,Block 15, of the Railroad Addition, City of Wylie, Collin County, Texas. Mayor Mondy stated that this item has been withdrawn from the agenda, at the request of the applicant. Mayor Pro Tem Worley asked that Item No. 7 be removed for discussion. Items No. 7 was then open for discussion. 7. Consider and Act Upon a Final Plat for the Wylie High School Addition, Proposed by Brockette, Davis, Drake Inc. for Wylie Independent School District, Generally Located at the Southwest Corner of FM544 and Country Club Road and being all of a 22.1984 Acre Tract out of the I. Clifton Survey, Abstract No. 193, and the J.W. Curtis Survey, Abstract No. 196, and all of a 43.8013 Acre Tract out of the I, Clifton Survey, Abstract No. 193, City of Wylie, Collin County, Texas. Wylie City Council Minutes June 9,1998 Page 1 Consent Agenda -continued Mayor Pro Tern Worley had concerns regarding why this had not been done previously. Mr. Greg MacLean, City Manager Mike Collins and Planning Director Tobin Maples addressed Council's concern, and after some discussion it was determined that the original or preliminary plat was filed, however, the final plat was not. Mr. Maples explained the filing procedures implemented by his office and assured Council that this was now a part of the formal process. Mayor Pro Tern Worley made a motion to approve the Final Plat for the Wylie High School Addition, Proposed by Brockette, Davis, Drake Inc. for Wylie Independent School District, Generally Located at the Southwest Corner of FM544 and Country Club Road and being all of a 22.1984 Acre Tract out of the I. Clifton Survey, Abstract No. 193, and the J.W. Curtis Survey, Abstract No. 196, and all of a 43.8013 Acre Tract out of the I, Clifton Survey, Abstract No. 193, City of Wylie, Collin County, Texas. Councilman Scott seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Mayor Pro Tern Worley made a motion to approve the remaining Items No. 1-6 on the Consent Agenda. Councilman Scott seconded the motion. A vote was taken and the motion passed, unanimously, 5-0. 1. Consider and Act Upon Approval for Work Order No. WYL-26 Authorizing the Hogan Corporation to Proceed with Paving Improvements Along Mardi Gras, Valentine, Memorial, South Jackson, Calloway, College, Citizens and West Kirby and Interim Drainage Improvements Along Valentine Park Creek. 2. Consider and Act Upon Approval for Work Order No. WY-27 Authorizing the Hogan Corporation to Proceed with Engineering Services to Prepare the Necessary Information to Assist the City in Developing a Street Impact Fee Analysis and Ordinance. 3. Consider and Act Upon Authorization for the Chief of Police to Submit Application to the United Stated Department of Justice, Office of Community Oriented Policing Services for the Approval of a Grant Under the COPS MORE 1998. 4. Consider and Act Upon Approval of the Semi-Annual Report from the Planning and Zoning Commission Regarding the 10-year Capital Improvements Program (CIP) and the Water and Sewer Impact Fees. 5. Consider and Act Upon Approval of Standard 9-1-1 Service Agreements and Consider Authorizing the City Manager to Sign Such Agreements, as Needed. Wylie City Council Minutes June 9,1998 Page 2 Consent Agenda -continued 6. Consider and Act Upon a Final Plat for Phase IV of the Newport Harbor Addition, Proposed by Carter & Burgess, Inc., for Centex Homes, Generally Located Along the East Side of FM1378 Just South of Anchor Drive and being all of 19.103 Acre Tract out of the N. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Public Hearings 9. Hold a Public Hearing to Consider Amending Section 27 - Sign Regulations, of the Zoning Ordinance of the City of Wylie with the Addition of a Definition of Weekend Signs and Rules for the Regulations of Such Signs. City Manager, Mike Collins stated that this item was before Planning &Zoning Commission and they voted to table in order to receive further information, however, because this is a Public Hearing, it has been published as such, Council must open the Public Hearing. Mr. Collins explained that information is in the process of being prepared for Planning & Zoning and will be forwarded to Council with a recommendation from the Commission. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the zone change 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 zone change 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 this item until Council's receives a recommendation from Planning & Zoning Commission. Councilman Worley seconded the motion. A vote was taken and the motion passed unanimously, 5-0. 10. Hold a Public Hearing to Consider Adoption of an Ordinance to Continue the Collection of 911 Fees. City Manager Mike Collins asked Mr. Brady Snellgrove to address this item. Mr. Snellgrove explained to Council that we are required to hold a Public Hearing every three (3) years for public comment to continue the 911 service and associated fees. This hearing does not address or set specific 911 fees, nor does it require any action from Council. Wylie City Council Minutes June 9,1998 Page 3 Public Hearings -continued The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the zone change 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 zone change 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. 11. Hold a Public Hearing to Consider and Act Upon a Request to Rezone .768 Acres from A (Agricultural) to B-2 (Business), Amending the Comprehensive Zoning Ordinance No. 85-23A. The tract is situated in the John W. Curtis Survey, Abstract No 196, City of Wylie, Collin County, Texas and Generally Located Along the North Side of FM544 Between FM1378 and Sanden Blvd. ZC No. 98-03. City Manager, Mike Collins asked Mr. Tobin Maples to address this item. Mr. Maples stated that the applicant is requesting rezoning on .768 acres in order to develop the property with business uses. Currently, the property is being utilized as a legal non- conforming use for storage for landscape contractor with minor accessory office use. The surrounding properties are vacant and zoned for A (Agricultural) uses. Mr. Maples explained that Public Comment Forms were mailed to six (6) property owners within 200 feet of the request and that one (1) Public Comment Form in support of the request has been returned. Mr. Maples stated that the Comprehensive Plan recommends industrial use for said property and that the proposed zoning and land use are compatible with the Comp Plan as uses permitted within the B-2 zoning district are less intensive than those permitted within the I (Industrial) district. Mr. Maples stated that the applicant is aware that the existing Certificate of Occupancy on this property is for a non-conforming use (storage for landscape contractor with minor accessory office use) and prohibits retail sales of any sort. If Council approves the zoning request, this does not change the status of the existing Certificate of Occupancy or establish compliance with applicable city codes. Mr. Maples added that the applicant is aware that if it is his desire to change the use of the property, including adding retail sales activity at this location, application for a new Certificate of Occupancy must be made prior to the occurrence of said change and that the applicant is aware that the property will have to be brought up to code prior to the issuance of a new C.O. or any building permits for future development. Mr. Maples stated that the B-2 Business zoning district does require a 10' minimum side yard and that the existing structure on the property encroaches the 10' side yard requirement by 7'. Mr. Maples stated that the applicant is aware that the Board of Adjustment would have to approve a variance to the side yard requirement before staff could issue a new Certificate of Occupancy on this property. Wylie City Council Minutes June 9,1998 Page 4 Public Hearings -continued Mr. Maples was then available for questions from Council. The Mayor then asked Mr. Maples why Planning and Zoning recommended favorably to approve this zoning case. Mr. Maples stated that it was recommended favorably because it complies with the Comprehensive Plan. Councilman Scott and Mayor Pro Tern Worley had questions regarding the additional requirements should the applicant seek a new Certificate of Occupancy, such as the masonry requirement and paving and off street parking. The Mayor asked if they are currently retail. Mr. Maples stated that when Planning & Zoning asked the same, they replied that to they were not aware of any retail activity occurring. Mr. Maples stated the C.O. currently issued does not include retail sales. Mr. Maples stated that the Applicant was present if Council had any questions for him. Mr. Richard Parker, Applicant addressed Council with a brief history of the property and addressed Council's concerns regarding the existing Certificate of Occupancy and retail sales. Mr. Parkers stated that any retail sales were incidental to the operation of the business. Mr. Parker stated that he is trying to go through the proper process, and that he will go before the Board of Adjustments in order to ask for variances on side yard set backs and off street concrete parking. He also stated that the existing building is not in compliance, and to conform with masonry requirement would require a redesign of the building. Mr. Parker asked that Council consider voting for the B-2 zoning and was then available for questions from Council. Mayor Pro Tern Worley voiced his concerns over the number of variances that Mr. Parker is considering asking of the Board of Adjustments. Mr. Parker stated that he would go to the Board with his requests because he was involuntary annexed and the requirements he now faces are financial impossible. He did state that he would comply and that over the years his interest have been for the good of the City. Councilwoman Allen asked Mr. Parker if Bluebonnet nursery was conducting retail sales to the public. Mr. Parker responded that he did not have any knowledge of retail sales and that he has no financial interest in the property. Mr. Parker stated that Mr. Pete Troudeau was the owner of Bluebonnet Nursery and has relocated from Rowlett and that he primarily deals with builders and landscaping for commercial properties in Dallas. Mr. Parker stated that Mr. Troudeau does have inventory exposed to the public, and that he may sell to the public. There was some discussion as to the proximity of the Party Barn in relationship to the property under consideration. Wylie City Council Minutes June 9,1998 Page 5 Public Hearings - continued The Mayor asked who approved the building, to which Council responded that it was approved by the County. Councilman Scott voiced his concern regarding the aesthetics of a building on an entry way to the City. Mr. Parker agreed with Councilman Scott and that he did want to comply with the regulations and would work to comply to the masonry requirements, suggesting perhaps a spray stucco. He stated that he would continue to look to a solution to meet the masonry requirements in a way that would be aesthetically pleasing. The Mayor asked about the time frame to comply if he chose to go before the Board of Adjustments. Mr. Parker stated that he cannot solve the setback variances, however, if the board says he must comply with the masonry requirements he will begin immediately. The Mayor stated that by going to the Board of Adjustments first, Mr. Parker is asking that Board to waive any requirements. Mr. Parker stated that he feels that he has a legal issue with the city because the county permit is valid. He further stated that what he is proposing is to go through city channels with zoning first then to the Board of Adjustments for their approval of variance requirements. Mr. Parker stated that if the Board does not agree, he will comply. If they do agree, he cannot measure to what extent. Mayor Mondy asked Mr. Maples to help clarify the situation. Mr. Maples stated that the current use is allowed in Agriculture zoning. The application for zoning came in because it is requesting business uses and this is what instigated the zoning case. Mr. Maples further stated that Mr. Parker is correct in that he does have a permit with the County to build, however, before we can issue a Certificate of Occupancy, we must verify the use. Mr. Maples explained that the existing use, a contractors yard, is allowed based on the information provided on the application for a Certificate of Occupancy by the applicant. If the use changes to include retail sales, then city ordinance require that it be brought up to meet city code. Mr. Maples stated that Council is only asked to consider the zone change requested this evening to zone B-2 and does not effect the use of the property. The only time that the use of the property will be effected is when or if the applicant comes in to change the Certificate of Occupancy application requesting retail sales for Blue Bonnet Nursery and at that time the property will need to meet city code before a new Certificate of Occupancy is issued. Mr. Maples clarified that Blue Bonnet Nursery could continue to operate, excluding retail sales, if the property is rezoned to B-2 this evening. The change in use is what activates the additional requirements such as masonry structure, paving and off street parking. The Mayor then opened the Public Hearing asking that anyone who wished to speak in favor of the zone change come forward stating their name and address for the record and limit their remarks to five minutes. Wylie City Council Minutes June 9,1998 Page 6 Public Hearings - continued Mrs. Billy Jo Swanner - 102 Tanglewood Circle. Mrs. Swanner stated that she attended the Planning &Zoning Meeting when this case was heard, and the retail sales question keeps coming up. Mrs. Swanner stated that she has spoke to many who have purchased plants and flowers. Mrs. Swanner wanted to know if Blue Bonnet Nursery is charging sales tax to retail customers. The Mayor asked for input from Mr. Snellgrove with regard to retail sales tax collection. Mr. Snellgrove stated that they are required by law to collect sales tax, regardless of the zoning or use, unless the purchase is made to a tax exempt entity. Mr. Collins asked Mr. Maples to verify whether the nursery currently has a sales tax permit. Mr. Maples added that when this case was before Planning & Zoning the same issue of retail sales was brought up not only by the commission but by citizens during public hearing. The Commission had asked that the Code Enforcement office check into the possible retail sales activity. Mr. Maples stated that to his knowledge, the code officers have not been able to confirm that retail sales are being conducted. Mayor Mondy asked that city staff report back during the next staff report on this issue. The Mayor then closed the Public Hearing. Councilman Scott made a motion to approve the Request to Rezone 768 Acres from A (Agricultural) to B-2 (Business), Amending the Comprehensive Zoning Ordinance No. 85- 23A. The tract is situated in the John W. Curtis Survey, Abstract No 196, City of Wylie, Collin County, Texas and Generally Located Along the North Side of FM544 Between FM1378 and Sanden Blvd. Councilwoman Allen seconded the motion. A vote was taken and the motion passed unanimously, 5-0. Ordinance No. 98-14 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO B-2, BUSINESS DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Action Agenda 12. Consider and Act Upon a Development Plan/Site Plan for the Woodbridge Golf Club, Proposed by Don Herzog for Woodbridge Golf Club, Ltd, Generally Located Along the East Side of State Highway 78 between Sachse Road and State Highway 78 and being all of a 145.6831 Tract and all of a 78.8387 Acre Tract out of the Richard Newman Survey, Abstract No. 660 and Abstract No. 1072, City of Wylie, Collin County and Dallas County, Texas. Wylie City Council Minutes June 9,1998 Page 7 Action Agenda -continued Woodbridge City Manager Mike Collins asked Mr. Maples to address this item. Mr. Maples stated that the development plan/site plan under consideration is for the Woodbridge Golf Club. The applicant is filing this development plan/site plan on 224.5218 acres in order to develop the property with a master planned golf course, clubhouse, and maintenance facility. Mr. Maples stated that the Conceptual Plan for the Woodbridge PD was approved by council on February 24, 1997 and that staff has reviewed the proposed development plan/site plan and found it to be in compliance with the approved Conceptual Plan and other pertinent ordinance of the City of Wylie. Mr. Maples stated that the applicant is filing this development plan/site plan in order to establish the PD zoning for the golf course, clubhouse, maintenance facility and accessory uses. Mr. Maples explained the three-step development process for a nonresidential Planned Development consisting of submitting for approved of a Concept Plan, a Development Plan and a Site Plan. Mr. Maples stated that the applicant has proposed to utilize the existing pond behind the maintenance facility for fire protection purposes and that staff recommends that the applicant submit a fire protection plan detailing application information prior to the issuance of a Certificate of Occupancy with further information on pump with standby generator and available capacity of the pond. Mr. Maples stated that the applicant has proposed a detailed landscaping plan for the clubhouse and maintenance facility that incorporates various elements. Specifically, the plan calls out selected 3" caliper trees, 1" caliper ornamentals, 5 gallon shrubs, and 4" potted planter beds. Mr. Maples stated that the applicant has also proposed a hiking trail as part of the Collin County Master Trail and Park System and that staff is recommending that the trail system indicate who will be responsible for constructing and maintaining the system. Mr. Maples stated that applicant has provided said information and it has been included in Council materials this evening. Mr. Maples stated that additional issues to be addressed and resolved prior to approval of final plat are as follows: 1. Documentation of water service provider; 2. Documentation of fire hydrant specifications 3. Exact location and dimensions for all proposed sanitary sewer easements; 4. Designate a water line easement or private fire protection line for the clubhouse Wylie City Council Minutes June 9,1998 Page 8 Action Agenda Woodbridge -continued Mr. Maples was then available for questions. Councilman Scott asked how the determination was made for 191 parking spaces for the size facility. Mr. Maples stated that current ordinances set forth spaces for golf courses, however the 191 figure was based on future development and much higher than the ordinance recommended. Councilman Scott also asked about the metal maintenance facility and masonry requirements. Mr. Maples explained that the facility would be a metal building, however the applicant will provide a significant amount of landscaping to shield and screen the facility. Councilman Scott suggested that we look into this further as we develop the Planned Development Standards. Councilman Scott also had questions regarding "Country Club Drive" and confusion it could cause. After some discussion, Mr. Maples stated that "Country Club Drive" will eventually tie into the main entry. The Mayor asked Mr. Don Herzog to come forward. Mr. Herzog gave a presentation with board maps and recent aerials of the work on the Golf Course. There was some discussion regarding water and sewer, and the utilization of existing ponds for fire protection. Mr. Herzog stated that he has been in contact with both the Fire Department and T.U. Electric and they feel they have satisfied State requirements. The Mayor asked when the Golf Course is scheduled for completion. Mr. Herzog stated that they are hoping for October of this year. Mayor Mondy thanked Mr. Herzog for his presentation. Councilman Scott made a motion to approve the Development Plan/Site Plan for the Woodbridge Golf Club, Proposed by Don Herzog for Woodbridge Golf Club, Ltd, Generally Located Along the East Side of State Highway 78 between Sachse Road and State Highway 78 and being all of a 145.6831 Tract and all of a 78.8387 Acre Tract out of the Richard Newman Survey, Abstract No. 660 and Abstract No. 1072, City of Wylie, Collin County and Dallas County, Texas. Councilman Ramsey seconded the motion. A vote was taken and the motion passed with a 4-0 vote. Mayor Pro Tem abstained due to a conflict of Interest. Ordinance No. 98-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING TO THE HEREINAFTER DESCRIBED PROPERTY TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Wylie City Council Minutes June 9,1998 Page 9 Action Agenda Fee Ordinance -continued 13. Consider and Act upon the Adoption of Consolidated Fee and Charges • Ordinance. City Manager, Mike Collins asked Ms. Pam Gidney, Assistant Finance Director to address this item. Ms. Gidney stated that the anticipated changes in revenues amount to approximately $28,000. Changes have been summarized in Attachment "A" in Council's packet. Ms. Gidney stated that all fees have been combined into one ordinance, however, all fees have not been changed, and that those that have are shown in the summary. Ms. Gidney was then available for questions from Council. Mayor Mondy had questions regarding Section 2.02, Special Permits-Signs and how they are monitored. Mr. Maples addressed his concerns by stating that this relates to the ordinance which was before Council this evening and was tabled. Mayor Mondy then asked Chief Butter about Section 16.02, Residential Alarms and the proposed annual fee. The Mayor was concerned that this might be an obstacle in future projects. Chief Butter stated that this would not be an obstacle and that most communities do assess an annual registration fee, even those departments who monitor alarms. Mayor Mondy asked how they will monitor those residents who do not obtain alarm permits. Chief Butters stated that when an officer responds to an alarm and it is noted that the resident does not have an active alarm permit, the department will follow up with a letter. Mayor Monday asked about Library Fees, Item 18. The Mayor had concern regarding the .50 cents per day reference. Ms. Gidney corrected stating it should read .50 cents per sheet. Mayor Pro Tem had questions regarding the $125 fee for installation of a pool, and asked for clarification if fee is applicable to above or below ground pools. Ms. Gidney stated that it would be the same for either and the fee remains the same for both. Councilman Scott asked about Section 1.14 - Meter Boxes. Councilman Scott asked if the fee increase from $15 to $55 was due to the change from plastic to galvanized. Ms. Gidney stated that this was correct. There was some discussion about the change from plastic to galvanized, however, Mr. Snellgrove stated the city was experiencing a high percentage of failure of the plastic boxes and lids at the recommendation of Public Works. This change was implemented two to three years ago. Councilman Scott asked about the Taxi Permits. Councilman Scott asked if the annual fee was assessed per vehicle or per company. Ms. Gidney stated that it was per company not per vehicle. Councilman Scott asked about page 17 in the detailed summary concerning the residential fees specifically Section 16.03 a-d and the difference in fees. Wylie City Council Minutes June 9,1998 Page 10 Action Agenda -continued Fee Ordinance Chief Butters stated that the legislature allows for a higher fee rate for robbery alarms due to the higher level of danger, higher level of response and more man hours. Councilman Scott asked if the city is currently enforcing the false alarm. Ms. Gidney stated that she believed that it is currently enforced and businesses are billed after they exceed the minimum. Councilman Scott asked about the page 20, Carnivals. Councilman Scott understood that this was to be removed from the City Secretary. Ms. Gidney responded that it has been and that this needed to be deleted. Councilman Scott asked about page 21, Massage Establishments, and whether they are within our current zoning ordinance and whether we permitted them. The Mayor stated that in 1992 or 1993 an ordinance was passed that zoned Sexually Oriented Businesses as Light Industrial, and that this would be addressed in the review of the Comprehensive Plan Review. Councilman Scott made a motion to approve the adoption of Consolidated Fee and Charges Ordinance. Councilman Ramsey seconded. A vote was taken and the motion passed unanimously, 5-0. ORDINANCE NO. 98-16 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,PROVIDING FOR THE ESTABLISHMENT OF A CONSOLIDATED FEES AND CHARGES ORDINANCE INCLUDING WATER AND SEWER RATES AND FEES; CONSTRUCTION PERMITS AND FEES; IMPACT FEES; SPECIAL DISTRICT FEES; STREET RECONSTRUCTION FEES PERIMETER STREET FEE IN LIEU OF CONSTRUCTION;MAINTENANCE BONDS; ZONING AND PLATING FEES; GARBAGE,TRASH AND BRUSH FEES; PEDDLERS' AND SOLICITORS' FEES; COPYING CHARGES; FINGERPRINTING; TAXICAB FEES; FIRE CODE PERMIT FEES; PARKLAND DEDICATION FEES;ALARM SYSTEM FEES AND CHARGES;ANIMAL FEES; LIBRARY FEES; EXCAVATION PERMIT FEES; COMMUNITY CENTER FEES; MANUFACTURED HOME LICENSES AND PERMIT FEES; SIDEWALK AND DRIVEWAY APPROACH PERMIT FEES; WASTEWATER PRETREATMENT PERMIT FEE; CARNIVAL LICENSE FEE; COIN OPERATED MACHINE TAX; DANCE HALL LICENSES FEES; POOL HALL LICENSE FEES; GARAGE SALE PERMIT FEES; WRECKER SERVICE FEES; MASSAGE ESTABLISHMENT AND SERVICE FEES; JUNKYARD AND SALVAGE YARD LICENSE FEES; ANNUAL TAX ON AUCTIONEERS; FOOD SERVICE ESTABLISHMENT FOOD STORE PERMIT FEES; GARAGE KEEPER'S ABANDONED VEHICLE REPORT FEE; MUNICIPAL COURT SPECIAL FEES; VEHICLE IMPOUNDING FEES; WASTE HAULING PERMIT FEES; WASTEWATER DISCHARGE PERMIT APPLICATION FEE; MOWING AND RUBBISH CLEAN UP CHARGES AND FEES; ATHLETIC FACILITY CHARGES AND FEES; RIGHT OF WAY ABANDONMENT FEE; SEXUALLY ORIENTED BUSINESS FEES; MUNICIPAL COURT BUILDING SECURITY FEES; AMENDING ALL CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Wylie City Council Minutes June 9,1998 Page 11 Action Agenda 14. Consider and Act Upon Authorization for the City Manager to Negotiate a Contract with a Consulting Firm, as Needed to Prepare a Comprehensive Plan Update. City Manager, Mike Collins addressed this item. Mr. Collins stated that after the presentations were made by the three consulting firms on Thursday, June 4, the choice of the majority of Council was Wallace Robert and Todd, and now asks Council's authorization to negotiate a contract with said firm. Mr. Collins stated that he would next come before Council with a contract amount for council's approval or denial. Councilman Scott made a motion to authorize the City Manager to Negotiate a Contract with a Consulting Firm, as Needed to Prepare a Comprehensive Plan Update. Councilman Ramsey seconded the motion. A vote was taken and the motion passed 4-1 with Council members Worley, Ramsey, Scott and Mayor Mondy in favor and Councilwoman Allen opposed. City Manager Mike Collins added that Council had indicated that during the next Council meeting of June 23 that Council would begin discussions of names of those willing to serve on the review committee. Mr. Collins suggested to bring three to five names. The Mayor asked to have information regarding the formation of said committee with the June 23 agenda packet for their review, and those names would be brought forth at the June 23 meeting. Staff Reports City Manager, Mike Collins stated that there were several major projects. Mr. Collins stated that he has attended the Collin County Commissioners Court meeting this morning to obtain information on the process for selection of County Bond Election projects in February. He stated that the County is requesting a project list to be included on or before July 8 and that staff will present recommended list at the June 23 Council Meeting. Mr. Greg MacLean and Mr. Stanton Forester will be assisting on project costs and description as well as an overview of the significance of the project to the region. The Mayor stated that the first meeting of the Bond Advisory Committee will be on June 17 at the Library in Allen. Members of the committee did receive correspondence from the County. Mr. Collins stated that a meeting would be scheduled with the committee for their input. Mr. Collins stated that he will be out of the office from Thursday through Monday attending a professional conference and Ms. Manson will also be attending on Friday. Wylie City Council Minutes June 9,1998 Page 12 Staff Reports -continued Mike Collins, City Manager Councilman Scott asked about the speeding situation on the new Kreymer Lane stating that there have been complaints of speeders. Councilman Scott asked for extra patrol to ensure the safety of our citizens. Councilwoman Allen asked about cutting the grass on Akin and Stone. Mr. Collins stated that he would follow through on this. Mr. Brady Snellgrove informed the Council regarding two project in Finance. He stated that they will have the Depository Contract to Council on August 11. He also stated that they are working on 'W2K'. He explained that this is dealing with the transition of to the year 2000. Mr. Snellgrove explained that they have discovered some compatibility problems with the existing file server, but he has however ordered and received a Manual to help prepare the city for the year 2000. Mr. Snellgrove feels that the Library should be fine and that any new 911/CAD system is guaranteed to work in the year 2000. Mr. Snellgrove stated that he was in the process of working out the `W2K' problems and was then available for questions from Council. Councilman Scott asked when Council would see the first draft of the Budget. Mr. Snellgrove stated that the first workshop was scheduled for July 7 and Budget materials would be delivered to Council with their packets the week prior. Mr. Collins stated that the work sessions are currently scheduled for July 7, July 21 and August 6. Ms. Mindy Manson stated that she had an update from this years Clean Up and Green Up project. She stated that the number of loads hauled from Community Park for 1998 came to 96 hauls, compared to 1997 when we had 67 hauls. Ms. Manson explained that the increase in activity in addition to increase in hauling costs brought the total cost to $18,000, however, the project was successful. Ms. Manson also stated that the Picnic Pavilion located in Valentine Park is up and there is still some electrical work that will need to be done for completion, as the pavilion will include lights. Ms. Manson was then available for questions from Council. Councilman Scott asked if the new parking lot at the back of Community Park was concluded, with regard to pavement, and were all issues resolved. Ms. Manson stated that when the Final payment was taken care of a two year warranty was provided by the contractor. Ms. Manson stated that she understood that he was also to preform some sealing work under the supervision of Mr. Jones, however, she could not confirm that this had been done. Ms. Manson stated that she would find out and report back to Council. Councilman Scott asked about the construction at the Peddicord Community Center and if it was now complete. Ms. Manson stated that they did redo the porch area, however, it is not as smooth as it should be and still needs some work. Wylie City Council Minutes June 9,1998 Page 13 Staff Reports -continued Mindy Manson, Assistant to the City Manager Mayor Mondy asked about the chain at the new Community Park Parking lot area, and asked we could make an opening to accommodate a twin size baby carriage, wheel chair, etc. Ms. Manson stated that this could be done. Mr. Greg MacLean reported that bids would be opened this Thursday for the Miscellaneous Streets projects including all Miscellaneous street from the 1995 bond project with the exception of Mardi Gras which will require a separate contract, including Valentine Creek project. Mr. MacLean was then available for questions from Council. The Mayor asked Mr. MacLean if he and Mr. Hogan would be available to walk the Kreymer Lane project tomorrow morning. Mr. MacLean asked if there were specific problems with the project. The Mayor replied that the problems were with sewer, and earth, rocks, and debris which has been left behind. Mr. MacLean recommended that the contractor be present as well to address specific concerns. Mr. MacLean stated that to his knowledge everything had been completed on the sewer, with the exception of two service which have been adjusted. He stated that connections cannot be completed until the contract has been accepted by the City. The Mayor stated that this situation needs to be resolved and that residents are hostile, and the concerns need to be individually addressed and resolved. Mr. MacLean stated that he was not aware of any deficiency of the contractor for the work completed. The Mayor stated that the project is not complete after eight months and project was to be concluded by May 8, 1998. Mr. MacLean agreed that this was the length of the contract, however, there have been extensive weather delays in January and February were lost to weather. The Mayor stated that their has not been any work done within the last six weeks and this does not look good to the public. Mr. MacLean stated that their are two remedies for the City Engineer to address to the contractor. They can stop work and terminate the contract or withhold payment, to which there have been no requests for payment. Mr. MacLean stated that the contractor is within his contracted time and has preformed the work, though it can be frustrating to the public when they do not see the contractor working during pleasant weather days. Mr. MacLean further stated that a large portion of the project, not part of the bond. was to install sewer to the relieve the septic tanks and make drainage improvements and this type of work can be delayed by as much as one half of an inch of rain due to soil saturation. The Mayor asked that Mr. MacLean and the contractor meet and provide status to project completion. Mr. MacLean stated that he has requested and received a written schedule of the work for the month June, which is within his contract time due to weather delays. He stated that only remaining issues are surface drainage and including driveways on Callie Court. The contractor is also working with the property owner with regard to his wheat and hopes to avoid destruction, however, if it is necessary to begin digging trenches and if the wheat is not harvested the property owner Wylie City Council Minutes June 9,1998 Page 14 Staff Reports -continued Greg MacLean - Hogan Corporation -will be reimbursed for lost crops. Mr. MacLean stated that he would be happy to meet with the Mayor if he still desired. The Mayor asked that Mr. MacLean meet with him tomorrow morning at 8:00 a.m. at Callie Court. Mayor Pro Tem Worley asked about the original contract options and asked if the west side approaches are there for those residents who face Kreymer and could we look seriously at sidewalks. Mr. MacLean stated that this was an alternate bid for west side only was $16,000 and not awarded. The Mayor stated that this price was at the price of concrete at the time of bid. Mr. MacLean stated that since the alternate bid was not awarded, the contractor could not be held to this estimate, however, If council would like to consider this option, the contractor could be approached and a price negotiated a change order initiated. Mr. MacLean stated that the area of concern with regard to weeds and dirt will be addressed during the final clean up. Councilman Scott asked the length required for said sidewalk to Brown. Mayor Pro Tem Worley asked how to proceed to approve the addition of a sidewalk. City Manager, Mike Collins stated that consistent with Council adopted policy and procedures governing authorization of the City Manager to negotiate a change order as a percentage of the total contract. Mr. Collins stated that he would keep Council informed. Mr. MacLean stated that it is approximately 2000 feet, 4 feet in width for a price of $15,840. Chief Butters addressed the COPS More Grant application. He stated that the request will be for$242,000 and if funded by the Department of Justice will pay 75% or approximately 182,000 and our cash match will be approximately $60,700 which may be funded from the 911 fees. Councilman Scott wanted to know what our chances are for obtaining this grant. Chief Butters stated that because we are a smaller community it may be to our advantage due to our lack of funds. Chief Butters stated that Mr. George Cook with GTE was present to demonstrate the new 911 system. Mr. Cook gave a brief presentation of the capabilities of the 911 system and the audience was asked to come forward so they could also see the screen and the demonstration. Council thanked Mr. Cook for the demonstration and his time. Mr. Jack Jones, Superintendent Public Works Department, reported to Council on the 1995 miscellaneous street program. He stated that they would hold a bid opening on June 11, and if they receive a favorable bid will bring forward at the June 23 Council meeting. He stated that beginning Thursday residents will be notified by flyers in the Mardi Gras, Valentine, Memorial area that Monday the Public Works crews will be out digging up areas and putting in base material which they will leave exposed to traffic in order to compact. With favorable bid they will begin taking out concrete and when poured streets will be overlaid. A schedule will be forthcoming when contractor is determined. Wylie City Council Minutes June 9,1998 Page 15 Staff Reports -continued Jack Jones, Superintendent of Public Works Councilman Scott asked how many new driveway approaches would be installed. Mr. Jones stated that all driveways would be new. Councilman Scott asked about Mardi Gras and if we were completely redoing this street. Mr. Jones stated that it would be improvements only. Mr. MacLean explained that the original curbing has sunk into the ground and it requires a more critical alignment in setting the grade, whereas the other streets have existing curbs which are in fairly good shape and grades are set therefore they can be reestablished. Councilman Scott understood that driveway approached discussed were on Valentine, Memorial and Mardi Gras, but had concerns about College and Citizens. Mr. Jones stated that the only areas we would be replacing sidewalk, curb and guttering and driveways are for those that are existing. Mr. Jones reported on the Wylie Summer Kids Program. He stated that each summer they hire three graduating Seniors from the Wylie High School. This program has been running since 1993. Mr. Jones stated that the students have been used to mow entrances to the city. Councilman Scott asked if the drainage ditches have been mowed. Mr. Jones stated they have completed Rustic Oaks area and will start on Valentine this week. Mr. Jones stated that the contractor has already sprayed and does this twice during the summer. Councilman Scott expressed his appreciation to the Public Works Crews and asked that Mr. Jones pass this on to them. Citizens 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. Adjournment As there was no further business to come before the Council, the meeting was adjourned. n Joh Mondy, Mayor 7‘----S. Attest: " 00111111H 24 rbara A. S as, City Secretary _ 1c=it SEAL r. (s%4%%: : :_) ) utes Wylie City Council June 1n1998 '/4'��� er+E:i�tt�i' Page 16