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.
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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.
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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.
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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.
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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.
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June 8,1999
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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
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Wylie City Council Minutes
June 8,1999
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