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06-08-1999 (City Council) Minutes MINUTES Wylie City Council Tuesday, June 8, 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,June 8, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Jim Swartz,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;Tobin Maples,Planning 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. Citizens Participation Mr. Jeff Janke,Representing Lone Star Gas Company was present to address Council concerning the 90 day suspension recommended by Lone Star. Mr. Janke explained that this time period would be used to conduct a review for a rate increase and that the last increase was in March of 1993. Mr. Janke also suggested that a representative represent Wylie on the Steering Committee. The Mayor then moved to Items for Individual Consideration,Item 1 and would allow Citizens Participation after Item 1. ITEMS FOR INDIVIDUAL CONSIDERATION Approval of a Resolution 1. Consider and act upon approval of a Resolution suspending the proposed effective date of the proposed rate schedules of Lone Star Gas Company. Councilman Scott made a motion to approve a Resolution suspending for a period of 90 days the proposed effective date of the proposed rate schedules of Lone Star Gas Company. Councilman Swartz seconded the motion. A vote was taken and the motion passed, 7-0. RESOLUTION NO.99-15(R) A RESOLUTION SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES OF LONE STAR GAS COMPANY,PROVIDING THAT THE RATE SCHEDULES OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION,PROVIDING FOR NOTICE HEREOF TO SAID COMPANY, AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. Wylie City Council Minutes June 8,1999 Page 1 Citizens Participation Nikki Allen Ms.Allen asked Council to consider a moratorium on building permits in the downtown area. She expressed her concern regarding Jackson Street property currently under construction and that it did not comply with current city codes. Mr.Paul Cadero,Home Builders Association of Greater Dallas. Mr. Cadero expressed to Council his concerns regarding the fees charged by the City of Wylie for signage,citing Wylie as the highest fee($75)in the region. Mr.Thomas Flynn,Goff Homes Mr.Flynn also expressed his concerns regarding the signage fees charged for weekend directional signs and asked Council to consider a fee reduction. Ms. Sharon Dowdy Ms.Dowdy expressed her concerns to Council regarding a safety issue on Kreymer Lane. She stated that resident vehicles are parked along Kreymer and that it is difficult to see them when traveling the entrance road from State Highway 78 to Kreymer, causing the potential for accident and injury. Ms Dowdy also expressed concerns regarding drainage issues on Callie Court. Mr. Carter Porter,Downtown Merchants Association(DMA) DMA is looking forward to having the downtown area declared a Historical District in Downtown Wylie. They hope to encompass the area of Birmingham north of Brown,Brown to 78 and 78 back to Birmingham. Mr. Porter stated the importance to expedite this process for architectural control purposes, as there are vacant lots still available in the downtown area. Ms.Frances Campbell,Campbell Heather Bed&Breakfast Ms.Campbell expressed to Council the same concerns as previously spoken by Ms.Nikki Allen with regard to the property on Jackson Street. ITEMS FOR INDIVIDUAL CONSIDERATION Approval of an Ordinance 2. Consider and act upon the approval of an Ordinance amending Section 66-1 and Chapter 66, Article 1, of the Wylie Code of Ordinances making it unlawful for any person to fail to return materials borrowed from the Rita and Truett Smith Public Library within thirty days after the materials are due or to illegally remove materials from the Rita and Truett Smith Public Library. Ms. Mignon Morse, Library Director addressed this item. Ms. Morse stated that the Library Board gave a favorable recommendation for this Ordinance and asked Council's consideration for approval. She stated that the City of Allen has adopted a similar ordinance and that it has helped with the return of Library materials. She concluded that the intent is to have library material returned timely to better serve the patrons of the Smith Public Library. Wylie City Council Minutes June 8,1999 Page 2 Councilman Swartz made a motion to approve the Ordinance amending Section 66-1 and Chapter 66,Article 1, of the Wylie Code of Ordinances making it unlawful for any person to fail to return materials borrowed from the Rita and Truett Smith Public Library within thirty days after the materials are due or to illegally remove materials from the Rita and Truett Smith Public Library. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. ORDINANCE NO.99-12 AN ORDINANCE OF THE CITY OF WYLIE,COLLIN COUNTY,TEXAS,AMENDING SECTION 66-1 AND CHAPTER 66,ARTICLE 1,OF THE WYLIE CODE OF ORDINANCES MAKING IT UNLAWFUL FOR ANY PERSON TO FAIL TO RETURN MATERIALS BORROWED FROM THE RITA AND TRUETT SMITH PUBLIC LIBRARY WITHIN THIRTY DAYS AFTER THE MATERIALS ARE DUE OR TO ILLEGALLY REMOVE MATERIAL FROM THE RITA AND TRUETT SMITH PUBLIC LIBRARY;PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS($500);AND PROVIDING FOR AN EFFECTIVE DATE. Board & Commission Appointments 3. Consider and act upon appointments to the Ambulance Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Zoning Board of Adjustments and the Wylie Economic Development Corporation for those whose terms expire in July of 1999. Ambulance Board Councilman Scott made a motion to reappoint Mrs. Reta Allen and Ms. Sharon Trongaard and appoint Mr. Glen Meeks, all for two year terms. Councilman Worley seconded the motion. A vote was taken and the motion passed,6-0. Councilwoman Allen abstained. Construction Code Councilwoman Reta Allen made a motion to appoint Mr. Frank Spingola, Mr. Jim Chaney, Mr. Paul Ty, Mr. Steve Repasky,Mr.George Ross and Mr.Dwight Lancaster,all for two year terms. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. Library Board Councilman Trout made a motion to reappoint Mrs. Shirley Burnett and Mr. Joe Conely to two year terms; appoint Mr.Dan Hendrix to a two year term and Ms. Mary Starnes to a one year term(filling the unexpired term of Mr. Jim Swartz). Councilman Scott seconded the motion. A vote was taken and the motion passed,7-0. Parks and Recreation Board Councilman Scott made a motion to reappoint Ms. Janice Neely,Mr. Dan Chesnut and Mr. Douglas House, all for two year terms. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. Parks and Recreation Facilities Development Corporation Councilman Trout made a motion to reappoint Mr. Joel Scott and Mr. Dan Chesnut to two year terms; appoint Ms. Shirley Burnett to a two year term and Ms. Gerry Whit to a one year term(filling the unexpired term of Mr. Jim Swartz). Councilman Worley seconded the motion. A vote was taken and the motion passed, 6-0. Councilman Scott abstained. Wylie City Council Minutes June 8,1999 Page 3 Planning&Zoning Commission Councilman Worley made a motion to Table the appointments to the Planning & Zoning Commission. Councilman Young seconded the motion. A vote was taken and the motion passed, 5-2. Councilman Scott and Trout voted in opposition. Zoning Board of Adjustments Councilman Scott made a motion to reappoint Mr. Gerald Clark and Mr. Ken Ryburn to two year terms; and appoint Mr. Weldon Bullock from Alternate to a Permanent Member for a term of two years. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. Wylie Economic Development Corporation Councilman Swartz made a motion to appoint Mr. Merrill Young to fill the unexpired term of Mr. J.C. Worley for a term of one year and reappoint Mr. Gary Bowland and Mr. Marvin Fuller to two year terms. Councilman Scott seconded the motion. A vote was taken and the motion passed,6-0. Councilman Young abstained. Public Hearing 4. Hold a public hearing and act upon a final plat for Rush Creek Estates Phase II, 2nd Revision, proposed by Jackson & Associates Land Surveyors, Inc., for Harry Tibbals for the property generally located along the north side of Rush Creek Drive and being all of a Lots 16, 17, and 18, of Rush Creek Estates, Phase H, City of Wylie, Collin County, Texas. Mr. Tobin Maples, Planning Director addressed this item. Mr. Maples explained the issues and gave brief description of the location. Mr. Maples advised Council that at the regular meeting of the Planning and Zoning Commission,the Commission voted unanimously to favorably recommend. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor of or in opposition of to please come forward,stating their name and address for the record and limiting their comments to three minutes. Mr. Harry Tibbals Mr. Tibbals spoke in favor of the Final Plat. With no further response,the Mayor then closed the Public Hearing. Councilman Scott made a motion to approve the fmal plat for Rush reek estates Phase II,2nd Revision,proposed by Jackson& Associates Land Surveyors,Inc., for Harry Tibbals for the property generally located along the north side of Rush Creek drive and being all of Lots 16, 17 and 18 of Rush Creek Estates,Phase II, City of Wylie, Collin County,Texas. Councilman Swartz seconded the motion. A vote was taken and the motion passed, 7-0. Approval of Final Plats 5. Consider and Act upon a final plat for the Oak Meadow Addition, proposed by Robert H. Sandlin for the property generally located along the south side of Brown Street between W.A. Allen Boulevard and Kreymer Lane and being all of a 34.02 acre tract out of the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. Wylie City Council Minutes June 8,1999 Page 4 Mr. Tobin Maples addressed this item. Mr. Maples explained the issues and gave a brief description of the property location. Mr.Maples advised that the applicant is aware that fmal water and sewer connection must be approved by the consulting engineer. Mr.Maples stated that at the May 18, 1999 regular meeting of the Planning and Zoning Commission,the Commission voted unanimously to favorably recommend,per staff stipulations. Councilman Scott made a motion to approve the fmal plat for the Oak Meadow Addition,proposed by Robert Sandlin for the property generally located along the south side of Brown Street between W.A. Allen Boulevard and Kreymer Lane and being all of a 34.02 acre tract out of the Francisco De Le Pena Survey,Abstract No. 688, City of Wylie,Collin County,Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. 6. Consider and Act Upon a Final Plat for Phase II of Sage Creek, proposed by Tipton Engineering for Paramount Land Development, generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a certain 16.8113 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Mr. Tobin Maples addressed this item. Mr. Maples explained the issues and gave a brief description of the property location and current zoning. Mr.Maples stated that at the May 8, 1999 regular meeting of the Planning and Zoning Commission,the Commission voted unanimously to favorably recommend. Councilman Trout made a motion to approve the final plat for Phase II of Sage Creek, proposed by Tipton Engineering for Paramount Land Development,generally located along the east side of McCreary Road just south of Southfork Mobile Home Park and being all of a certain 16.8113 acre tract out of the Moses Spark Survey, Abstract No. 849,City of Wylie,Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed,7-0. Award of Contracts 7. Authorizing the City Manager to approve the second year of a two-year contract with Foerster Engineering for an amount not to exceed $50,000. City Manager, Mike Collins addressed this item. Mr. Collins explained briefly that in December 21, 1998 Council was asked to consider authorizing a two year contract with Foerster Engineering. Council approved a one year contract,since the outcome of the agreement with the Kansas City Southern Railway Company and County and Local Bond Election were uncertain. Since then all three issues have been resolved and staff is prepared to bring forward for Council's consideration the second year of the contract for approval. Mr. Collins commended Mr. Foerster for a job well done. Mr. Foerster was present and was asked to come forward. The Mayor also publicly commended Mr. Foerster for his work for the City of Wylie. Councilman Worley made a motion to approve the second year of a two year contract with Stanton Foerster Engineering for an amount not to exceed$50,000. Councilman Scott seconded the motion. A vote was taken and the motion passed, 7-0. 8. Consider and act upon the award of a contract for the relocation of two 15" sewer lines located under the proposed KCS rail alignment. Wylie City Council Minutes June 8,1999 Page 5 Mr. Collins respectfully requested that Council table this item until the June 22, 1999 meeting. Councilman Scott made a motion to table Item No. 8 until the regular meeting of June 22, 1999. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. 9. Consider and act upon the award of a contract for the relocation of a 12-inch water line located on the north side of FM 544 generally from east of McCreary Road to east of Regency Drive. Chris Holsted,Hogan Corporation addressed this item. Mr. Holsted provided Council with a brief explanation of the issue. Mr. Holsted stated that of the three bids received,Morrow Construction was the lowest bidder at $122,845.00 for construction of the new water lines. City staff and the Hogan Corporation recommends award of contract to Morrow Construction to provide all equipment, labor and materials for the construction of approximately 2,360 feet of 12 inch water line and 800 feet of 8 inch water line. Council had questions regarding the existing lines. Mr. Holsted explained that we are replacing the 2" line and relocating the 12 inch. He stated that the current 2 inch line was installed approximately 2 years ago. Councilwoman Allen made a motion to award the contract to Morrow Construction in the amount of$122,845.00 for the relocation of a 12-inch water line located on the north side of FM544 generally from East of McCreary Road to east of Regency Drive. Councilman Swartz seconded the motion. A vote was taken and the motion passed,7-0. Approval of Final Payment 10. Consider and at upon approval of final acceptance of the construction of miscellaneous street improvements, and authorize final payment to C.D. Pugsley, Inc. in the amount of$85,582.80 and accept the project as complete. Mr. Chris Hoisted addressed this item. Mr. Holsted provided Council with a brief explanation of the issues and assured Council that all work was completed satisfactorily and all items corrected. City staff and the Hogan Corporation are recommending final acceptance of the project and issuance of final payment to C.D. Pugsley in the amount of$85,582.80. Councilman Swartz made a motion to approve fmal acceptance of the construction of miscellaneous streets improvements and authorize final payment to C. D. Pugsley, Inc. in the amount of$85,582.80 and accept the project as complete. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. Reading of Ordinance Title & Captions approved by Council as required by City Charter, Article III, Section 13-D. Ordinance No. 99-12 title and caption was then read into the record by the City Secretary. Staff Reports Mr. Collins thanked the City Secretary and Staff for the work done on the Board and Commission appointments. Mr. Collins presented memos to Council and advised that Mr. Jack Jones, Mr. Stanton Foerster, Mr. Chris Hoisted and Mr. Brady Snellgrove have been meeting on the debt issuance schedule and the bond project schedule. Staff is now seeking input from Council as to finalization and if public meetings involving the Citizens Bond Advisory Committee would be necessary. The Mayor did wish to invite members of the Committee to offer input to Council. Staff was directed to proceed and place discussion item on the June 22, 1999 regular meeting. Wylie City Council Minutes June 8,1999 Page 6 Staff Reports-continued Mr.Collins reported on the status of the direct alarm monitoring project, advising Council of pending legislation that may effect this project. Staff was directed to proceed with this issue. Mr.Collins stated that the interview process for code enforcement officer will begin next week and a meeting of all department to coordinate and organize a'code enforcement blitz team'. Specific quadrants of the city will be identified and this team will participate in a code enforcement blitz to identify properties that are not in compliance. This process will generate paperwork necessary for follow up. Mr. Collins reported that the first meeting will be held tomorrow and begin no later than one week after. Mr. Collins wanted to visit with the Wylie News to educate the community. Councilwoman Allen asked that staff look into the truck traffic on Hilltop,citing trailer houses and gravel trucks with trailers. Mr. Collins stated that attempts would be made to step up police enforcement. Councilman Scott asked if Council would be updated on the status of the pending legislation that may impact municipalities. Mr. Collins stated that staff will be coordinating with Mr. Abernathy as well as attendance or legislative briefings at the end of the month and will be reporting back to Council. Mr. Snellgrove reported on the status of the Firefighters insurance coverage ensuring Council that our fire department personnel are adequately covered. Mr. Collins advised Council that information regarding coverage was provided to all fire and police personnel. Mr. Collins reported that a meeting with the Ballard Street property owners will be held on this Thursday at 7:00 p.m. in the Council Chambers. Mr.Maples reminded Council that the Public Hearing for adoption of the Comprehensive Plan is scheduled for the June 22, 1999 regular meeting of the Wylie City Council. Mr. Maples also advised Council on specifically identified code issues. He stated that with regard to the business on 544 and screening requirements;the building permit was issued in February of 1993 and the ordinance requiring outside screening was adopted on April 13, therefore they re exempt this requirement. Mr. Maples also advised that the property at Century Business Park has been notified that they have thirty days to comply with the live screening requirement. Adjournment. With no further business to come before Council,the meeting was adjourned at 8:22 p.m. Jo 125 dy, Mayor ATTEST: ,`:* 0Fsr��; teimi���zj��� Ar////t. 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