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04-13-1999 (City Council) Minutes MINUTES Wylie City Council Tuesday, April 13, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order,Tuesday,April 13, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen,Lavern Ramsey, Merrill Young,J.C. Worley and Chris Trout. Staff members present were:Mike Collins,City Manager; Mindy Manson,Assistant to the City Manager;Brady Snellgrove,Finance Director Chris Holsted,Hogan Corporation and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the invocation. Pledge of Allegiance Councilman Trout was asked to lead the Pledge of Allegiance. Presentations & Proclamations Mayor Mondy and the Wylie City Council gave special recognition of the WISD Teachers of the Year nominated by each school campus. Five of those selected were present, including the newly named Teacher of the Year who will represent the City of Wylie in District competition. Ms. Betty Stephens was also present. Citizens Participation Mr.Jeff Janke,TU Electric addressed Council briefly regarding the optional rates proposed by TU Electric. Mr. Janke was then available for questions from Council. Consent Agenda A. Approval of the Minutes from the Regular Meeting of March 23, 1999 and the Worksession of March 30, 1999. B. Consider and act upon adopting a resolution designating the Wylie News as the official publication of the City for a single year. Councilman Scott made a motion to approve Items A and B on the Consent Agenda. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. RESOLUTION NO.99 9 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE Wylie City Council Minutes April 13,1999 Page 1 Worksession CityWide Wage Plan The Mayor convened into Worksession at 7:20 p.m. Mr. Chris Hartung, The Waters Consulting Group,Inc.,was present to give Council a presentation offering comparisons from the old wage plan to the new plan using handouts that outlined our current wage plan and salary ranges as opposed to the new plan. Mr. Hartung gave an explanation of the process used to restructure the wage plan. Mr. Hartung stated that this plan was designed to address an employees worth,not cost of living and that it would develop a system to manage personnel costs. He also stated that the new plan would develop a system for evaluating employees. Mr. Hartung stated that the next step would be to bench mark positions. He stated that this would involve gathering date to identify organizations that had the same benchmark positions as those identified by the City of Wylie,with Council's direction. Mr. Hartung was available for questions from Council. Mr,. Collins stated that the entire benefit package, including vacation,personal leave, insurance and retirement is as good,if not better than most. The Mayor convened in to Regular Session at 8:00 p.m. Items for Individual Consideration Public Hearings 1. Hold a public hearing and consider a request from Ronald Lee Williford,for approval of a zone change from A(Agricultural)to B-2(Business)for the property generally located at the southeast corner of FM 544 and Regency Drive between Steel Road and FM 544 and being all of Lot 2, Block B, of the Jacobs Addition,City of Wylie, Collin County,Texas. Mr. Tobin Maples, Planning Director, addressed this item. Mr. Maples stated that the applicant is requesting rezoning on 1 acre in order to develop the property with business uses. Specifically,the applicant has stated that he intends to develop the property with a commercial landscape company. The properties to the north are zoned I(Industrial)and A(Agricultural)with the agricultural tract being vacant and the industrial tract being partially developed with business uses. The properties to the south and southeast are zoned I(Industrial) and developed with business uses. The property to the west is vacant and zoned for B-2 (Business)uses. He stated that Public Comment Forms were mailed to thirteen(13)property owners within 200 feet of this request. Two(2)Public Comment Forms in support of the request have been returned. Mr. Maples stated that the applicant is aware that site plan approval by the Planning and Zoning Commission may be required prior to the issuance of building permits or permanent certificate of occupancy. Specifically,the applicant has stated that he may utilize both the one (1) acre lot under consideration for rezoning and the one(1) acre lot located to the south for his development. The one(1) acre lot to the south is already zoned I (Industrial) and,therefore,is not included as part of the request for rezoning. However,the property to the south has never been platted and,therefore,requires site plan approval prior to the issuance of new building permits. Should the applicant desire to redevelop the one(1) acre tract to the south, site plan approval by the Planning and Zoning Commission shall be required. Mr.Maples stated that at the March 16. 1999,Planning and Zoning Commission meeting,the Commission voted unanimously to recommend approval of this case. Mr. Maples was then available for questions from Council. Council expressed some concerns regarding the screening. Mr. Maples explained the acceptable screening requirements. The applicant was in the audience and did come forward to address additional questions from Council. Wylie City Council Minutes April 13,1999 Page 2 The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor of or in opposition of the zone change request to come forward,stating name and address for the record and limiting their comments to five minutes. With no response,the Mayor then closed the Public Hearing. Councilwoman Reta Allen made a motion to approve the request from Ronald Lee Williford,for a zone change from A(Agricultural)to B-2(Business)for the property generally located at the southeast corner of FM 544 and Regency Drive between Steel Road and FM 544 and being all of Lot 2,Block B,of the Jacobs Addition, City of Wylie, Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. ORDINANCE NO.99-7 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING THE 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. 2. Hold a public hearing and consider a request from Zlan, Ltd., for approval of a Specific Use Permit (SUP) for a Commercial outdoor amusement(proposed driving range) on the property generally located at the northeast corner of FM 1378 and Brown Street and being a portion (9 acres)of a 23.4971 acre tract of land conveyed to C.B.A. Enterprises by substitute trustee's deed recorded in Volume 2612, Page 605, Deed of Trust Records of Collin County,Texas. Mr.Maples addressed this item. Mr. Maples stated that this application under consideration has been pending since September 2, 1998. The applicant originally requested a Specific Use Permit (SUP)for a commercial outdoor amusement on nine(9)acres in order to develop the property with a golf driving range. In every zoning district, certain specific uses are allowed when granted in accordance with Section 23 of the Comprehensive Zoning Ordinance No, 85-23A. In this particular case,the applicant must obtain a Specific Use Permit(SUP) due to the fact that a golf driving range is defined as a commercial outdoor amusement(Section 33.22 of the Comprehensive Zoning Ordinance No 85-23A). Mr. Maples stated that In an effort to open the proposed golf driving rage prior to submitting the application under consideration tonight, the applicant applied for a temporary Specific Use Permit (SUP). A temporary specific use permit may be issued with the approval of the Planning and Zoning Commission and City Council for a period not to exceed eighteen(18)months. Should the Council approve a request for a temporary specific use permit (SUP), the applicant would be required to seek permanent zoning prior to the expiration of said temporary specific use permit. The applicants request for the temporary SUP (ZC. No. 98-11)was denied by City Council on October 13, 1998. As a result, the case under consideration tonight(ZC. No. 98-14)has been pending since September 2. 1998. Mr.Maples stated that in an effort to finalize or close pending cases at year end, staff sent two(2)certified letters to the applicant requesting that he either proceed with the request or withdraw the application (see attached letters). Specifically,the second letter dated January 4, 1999,requested that the applicant notify staff of his intent or desire and advised him that failure to respond by February 5. 1999.would result in the case being forwarded to the Planning and Zoning Commission and City Council with a staff recommendation for denial. As of March 29, 1999,the City had not received a response to the letter. Public Comment Forms were mailed to eleven(11) property owners within 200 feet of this request. No Public Comment Forms have been returned. Mr. Maples concluded that at the March 16, 1999, Planning and Zoning Commission meeting,the Commission voted unanimously to recommend denial of this case. Mr. Maples was then available for questions from Council. Wylie City Council Minutes April 13,1999 Page 3 The Mayor asked Mr. Maples if there was any indication that the applicant had done anything about the lighting, netting or parking. Mr. Maples responded that there was nothing erected to indicate otherwise. The Mayor asked if the applicant was present. The applicant was not. The Mayor then opened the public hearing and asked that anyone wishing to speak either in favor of or in opposition of the zone change request to come forward,stating name and address for the record and limiting their comments to five minutes. With no response. the Mayor then closed the Public Hearing. Councilman Scott made a motion to deny the request from Zlan, Ltd., for approval of a Specific Use Permit (SUP) for a Commercial outdoor amusement(proposed driving range)on the property generally located at the northeast corner of FM 1378 and Brown Street and being a portion (9 acres) of a 23.4971 acre tract of land conveyed to C.B.A.Enterprises by substitute trustee's deed recorded in Volume 2612, Page 605,Deed of Trust Records of Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion to deny passed. 7-0. Approval of Resolutions & Ordinances 3. Consider and act upon approval of a Resolution authorizing the submission of a Texas Community Development Program Application to the Texas Department of Housing and Community Affairs for the Community Development Fund; and authorizing the City Manager to act as the City's Executive Officer and authorized representative in all matters pertaining to the City's participation in the Community Development Program. Mr. Mike Collins, City Manager addressed this item. Mr. Collins stated that the City of Wylie was successful in 1995,after submitting application on three consecutive funding cycles over three years, in receiving a Texas Community Development program Grant. The City was awarded a$250,000 grant to finance$566,000 in water and wastewater system projects located in the older, central part of town. These projects were completed and accepted by City Council on 3/23/99. Mr. Collins stated that staff,with the assistance of the City's Consulting Engineer, The Hogan Corporation,has identified $537.485 in projects eligible for TCDP funding. The maximum grant awarded is $250,000. The City's match would be $287,485 if the total project list is submitted and approved by the City Council. The wastewater projects are located in the older, central part of town. A proposed project list is included as an attachment. Mr. Collins stated that the grant approval process involves scoring of the application by a Regional Review Committee,consisting of twelve(12)elected county and city officials from the North Central Texas Council of Governments, and staff from the TDHCA Community Development Program. Several distress factors are considered when scoring the application, including income,property and unemployment levels of those persons directly benefitting from the improvements, as well as city wide income levels. Technical merits of the project that quantify the age and condition of the system proposed for replacement are also scored in the process. The overall score received from the regional level is advanced to the State and evaluated with all applications received statewide. The number of applications awarded funding will be established when the legislature authorizes a funding level for the TCDP Program. A city that pledges a significant financial overmatch to the program will enhance the competitiveness of the application. Mr. Collins stated that the city was awarded higher scoring in 1995 as a result of the overmatch. An overmatch reflects a strong commitment of the City's part to the area and its people. Wylie would request$250,000 in grant monies and would match this award by allocating $287,485 to the overall project. Mr. Collins stated that Southwest Consultants,Mr. Lee Lawrence will be working with the Hogan Corporation on this grant application. Wylie City Council Minutes April 13,1999 Page 4 Councilman Trout made a motion to approval of a Resolution authorizing the submission of a Texas Community Development Program Application to the Texas Department of Housing and Community Affairs for the Community Development Fund; and authorizing the City Manager to act as the City's Executive Officer and authorized representative in all matters pertaining to the City's participation in the Community Development Program. Councilman Scott seconded the motion. A vote was taken and the motion passed, 7-0. RESOLUTION NO 99-10(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE AUTHORIZING THE SUBMISSION OF A TEXAS COMMUNITY DEVELOPMENT PROGRAM APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR THE COMMUNITY DEVELOPMENT FUND; AND AUTHORIZING THE CITY MANAGER TO ACT AS THE CITY'S EXECUTIVE OFFICER AND AUTHORIZED REPRESENTATIVE IN ALL MATTERS PERTAINING TO THE CITY'S PARTICIPATION IN THE COMMUNITY DEVELOPMENT PROGRAM. 4. Consider and act upon approval of a Resolution to authorize the negotiation and execution of an agreement to provide supplemental police patrols to the Lake Lavon Project in 1999. Chief Butters addressed this item. Chief Butters began with statistics on Crime in Wylie and produced figures that showed crime rates down and arrest rates have increased from last year. Chief Butters commended his officers for a job well done. Chief Butters stated that the Lake Patrol Agreement is similar to those in previous years since 1986. He did note the number of hours will decrease from 1.043 in 1998 to 1,.037 in 1999. Chief Butters stated that the Corp of Engineers provides a subsidy to the City for supplemental patrol during the summer months. The subsidy proposed this year provides or 1.037 man hours of patrols at a cost of$32,552.26,for man hours billed at 31.39 per hour. The FY99 budget includes an estimated subsidy of$33,000 from the Corps. There was some discussion regarding jurisdiction which Chief Butters clarified. Mr. Snellgrove stated that he would be providing additional information on insurance coverage and benefits during staff reports. Councilwoman Reta Allen made a motion to approve a Resolution to authorize the negotiation and execution of an agreement to provide supplemental police patrols to the Lake Lavon Project in 1999. Councilman Ramsey seconded the motion. A vote was taken and the motion passed, 7-0. 5. Consider and act upon approval of an Ordinance amending Chapter 78,Article III,Section 78-72 of the City Code, Park zones same boundaries as lift station districts. Ms. Mindy Manson. Assistant to the City Manager addressed this item. Ms. Manson stated that the Parkland Dedication Ordinance.which was adopted in 1987 and amended in March 1999,establishes the process by which the developers of residential property dedicate acreage for parks or pay a parkland dedication fee. If a fee is paid, the ordinance specifies that any fee collected is to be utilized for park purposes within the same general area. These areas are called Park Zones and are geographically based on three Lift Station Districts which are defined in the City Code. Ms. Manson stated that as development activity has increased, the Parks and Recreation Advisory Board evaluated the existing Park Zones and determined that the realignment of the Zones was necessary. The Board's primary concern with the existing Zones is the fact that they do not encompass the entire City. Further,the Zones have not been adjusted to incorporate annexations during the past 12 years. Ms. Manson stated that in determining the logical boundaries for the recommendation, the Park Board took several factors into consideration. First, the Board reviewed the Parks and Open Space Master Plan. Because- Wylie City Council Minutes April 13,1999 Page 5 Item 5- continued -the emphasis of the Master Plan is on neighborhood parks, specific Neighborhood Areas were identified during the development of the Master Plan. These Neighborhood Area boundaries served as a solid basis for redefining the Park Zones. She stated that the Board also believed that the Zones should stay large in order to build in as much flexibility as possible for the use of the fees,while still ensuring that the funds accumulated stay in the same general area of the City. Ms. Manson concluded by stating that the Parks and Recreation Advisory Board recommended approval of the amendment to the Park Zone Boundaries by a unanimous vote and if amended, City Code will read as follows: Park zone boundaries. The park zones necessary for the implementation of the park dedication ordinance are declared to have the boundaries as delineated upon the park zone map, said map being adopted as part of this article for all purposes. Councilman Scott made a motion to approve the Ordinance amending Chapter 78,Article III, Section 78-72 of the City Code,Park zones same boundaries as lift station districts. Councilman Trout seconded the motion. A vote was taken and the motion passed. 7-0. ORDINANCE NO.99-8 AN ORDINANCE AMENDING ORDINANCE NO 87-14 PROVIDING FOR PARK ZONES;TO PROVIDE FOR NECESSARY PLANNING FOR OPEN SPACE PRESERVATION AND PARK DEVELOPMENT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. 6. Consider and act upon approval of an Ordinance granting a franchise to CoSery Gas Company. A motion was made by Councilman Scott to table the Ordinance granting a franchise to CoSery Gas Company. Councilwoman Allen seconded the motion. A vote was taken and the motion to table passed, 7-0. Approval of Purchase &Award of Contract 7. Consider and act upon approval of the Replacement of Booster 1 with the purchase of a new Quint(Fire Apparatus). Chief English addressed this item. Chief English stated that in 1995, the City Council authorized the purchase of the fire departments first Quint fire apparatus,which has been put to the test several times since its placement into service. Chief cited several instances where the Quint has proven its value to the business and property owners and citizens of Wylie. He stated that because of the purchase of the Quint, in combination with other changes in personnel and equipment, has ushered in an era in which buildings valued at over two and a half million dollars were saved in the downtown fire alone. Chief English stated that the purchase of the city's second quint is proposed as a replacement of Booster#1 for 1999/2000 budget year per the city's fleet replacement program. Fire engines (or pumpers)have a twenty-year life span and additional live years as a reserve unit. The apparatus is a 750 G.P.M. Booster which has been modified to serve as a fire engine. It is a 1980 Emergency One vehicle with a"two-mad"cab design and a tail board for additional personnel. With the growth of the city and the development of the fire department the need for this type of apparatus has diminished. Wylie City Council Minutes April 13,1999 Page 6 Chief English then presented in detail the three options regarding the scheduled replacement of Booster No. 1. 1)Retain the apparatus and continue its use for the volunteer force: 2)Replace the apparatus with a fire engine and modify the current staffing plan or 3) Replace the apparatus with a Quint while maintaining the current staffing plan of the 'True Quint Concept' and place the Booster into reserve status. Chief English addressed concerns regarding time line for completion of the Quint(delivery in November of 1999) as well as an explanation of the 2in/2out concept established as a national industry standard by the National Fire Protection Association. Chief English provided information regarding the financing of the Quint. He stated that the quoted contract price from General Safety Equipment for the proposed new quint is $409,479. The City has already accumulated $37,000 in the Fleet Replacement Fund towards the replacement of Booster #1. He stated that the first consideration in financing is usually the cost of money,however,with these low interest rates, the City has the opportunity or luxury to consider longer term financing. If the longer seven year term for financing is chosen, the net increase in cash flow to the General Fund would be approximately$37,500 per year. There was some discussion with Council on the Quint Concept with mention of other cities who also operate on this concept. Council had concerns regarding the current booster,which according to Chief English will go into reserve status. Chief English stated that they are hoping to lower our ISO rating with improvements to the Fire Department. However.it was explained that it would be in our benefit to make improvements over the next few years and wait until the year 2001 than to request a re-rating now. Chief English stated that they are confident of a lower rating by the year 2001. There were some concerns regarding the financing,4 years as opposed to 7 years. Mr. Snellgrove stated that Staff would recommend 7 years. Councilwoman Allen asked Chief English if he attends shows on new equipment. Chief English responded that he recently attended the show in Richardson last month and that he receives good ideas from attending such displays. Councilman Young made a motion to approve the Replacement of Booster 1 with the purchase of a new Quint (Fire Apparatus). Councilman Worley seconded the motion. A vote was taken and the motion passed, 6-1. Councilwoman Allen voting in opposition. 8. Consider and act upon the award of a contract for the construction of additional concrete flatwork at the Municipal Service Center. Chris Hoisted addressed this item. Mr. Hoisted stated that when bids were solicited three years ago for the Phase I construction of the Municipal Service Center, the lowest competitive bids were considerably higher than the architect's preliminary cost estimates and far exceeded the funding available for the project. Therefore, it was necessary to make severe reductions in the scope of the project, and significant utilitarian features of the building and site plans were deleted with the intent of phasing these in as funds became available in future budget cycles. Mr.Hoisted stated that in addition to the fleet maintenance garage, most of the concrete flatwork was eliminated from the Phase I construction. He stated that the concrete flatwork consisted of approximately 25,000 square feet of paved parking to the west of the building to be used for the staging of heavy equipment and storage of bulk aggregate materials, a small visitors' parking lot and the driveway and concrete aprons necessary for access to the planned garage addition and to the warehouse on the east side of the existing building. The deletion of this concrete flatwork left the Service Center with little or no parking and storage forcing the City to use the old Service Center site on FM 544 for storage. Mr. Holsted stated that competitive sealed bids have been solicited and received for the construction of approximately 25,000 square feet of paved parking for heavy equipment and trucks and for storage of bulk aggregate materials. Alternate bids were invited to provide paved access to the existing warehouse area and for- Wylie City Council Minutes April 13,1999 Page 7 Item 8 - continued -the construction of concrete partitions for bulk material storage. Mr. Hoisted stated that of the seven bids received,the lowest responsive bidder is Morrow Construction,with a base bid of$118,314 for the construction of the 25,000 square foot parking/staging area, including the bulk storage area partitions. The alternate bid of $30,946.00 for paved access to the warehouse exceeds available funding and staff will not recommend this alternate construction. Mr.Hoisted stated that staff recommends that Council award a contract to Morrow Construction to provide all equipment, labor and materials for the construction of approximately 25,000 square feet concrete flatwork for the base bid amount of$1 18,314.00. There was discussion regarding previous project of Marrow Construction which include, Kreymer Lane and Regency. Councilman Worley asked who would be responsible for overseeing the project. Mr. Holsted responded that he would ultimately responsible. He stated that the completion time is 90 days. Councilwoman Allen made a motion to award the contract for the construction of additional concrete flatwork at the Municipal Service Center in the amount of$118,314.00. Councilman Trout seconded the motion. A vote was taken and the motion passed, 6-1. Councilman Worley voting in opposition. Staff Reports City Manager Mike Collins reported that the Ballard Street closure would be effective as of May 2, 1999 with a time line to be provided this week. He asked that all members of Council contact his office to respond as to attendance of the Carver Governance workshop. He reminded Council of the Library dedication on April 14, 1999,7:00 p.m. Councilman Scott asked staff the status of the Street Impact Fees. Ms. Manson stated that there have been problems with the assembly of a complete committee and that the Planning and Zoning Commission would be acting as that conunittee, however, the comprehensive plan has been a priority. Councilman Scott asked for a time line for completion. Ms. Manson stated that the review of Street Impact Fees was a 5-6 week process. Mr. Snellgrove reported to Council that the City of Wylie is closing the bank account at the American National Bank entitled"Texas Community Development Program 94 Sewer Grant". He stated that the TCDP grant has been completed and that final payment was made to the contractor, XIT, on April 2, 1999. Mr. Snellgrove reported that all grant funds receivd from the State have been properly documented and accounted for and that there is no longer a need for this account, since the grant has been closed out. Mr. Snellgrove repored to Council that in researching our coverage and benfits for our Fire Department Personnel, he discovered that while the Fire Personnel has various levels of coverage,the same is not so for the Police Department personnel. They do have the same coverage with the exception of$100,000 accidental death, which the staff is working to correct. Mr. Snellgrove explained the summary of benefits. Chief English addressed Council to clarify the Lake Worth situation. It was concluded that all Fire personnel had adequate coverage while working a fire for the City of Wylie, however. if firefighters choose to volunteer in another city they should assume the responsibiltiy of ensuring their coverage. Mr. Snellgrove stated that he would keep Council advised. Ms. Manson reported on the Rodeo Arena project introduced by Mr. Brent Bates. Ms. Manson stated that the Chamber Board voted to support the construction for this coming July Jubilee and to allow a two week time frame to research the City's process and requirements. There was discussion on several considerations of the Wylie Independent School District with regard to parking, land and formal action. Discussion concluded with the Council's need to see a formal proposal or application. Wylie City Council Minutes April 13,1999 Page 8 The Mayor convened into Worksession at 9:50 p.m. Worksession Presentation of Long Range Plans for the Smith Public Library Ms. Mignon Morse and Library Board Members, Tom Proctor and Shirley Burnett,made a brief presentation of the long range plans for the Smith Public Library. Information provided included goals for Building needs, staffing,collection development,automation and electronic resources,programming,public relations and School and Library relations. Ms. Morse and the Library Board Members were available for questions from Council. Adjournment: As there was no further business to conic before the Council,the meeting was adjourned. .--"---°-. Jo ondy,Mayor Attest: aYbara A. Satin . City re Or.:::: Wylie City Council Minutes April 13,1999 Page 9