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09-14-1999 (City Council) Minutes MINUTES Wylie City Council Tuesday, September 14, 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, September 14, 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 City Manager; Brady Snellgrove, Finance Director; Tobin Maples, Planning Director; Chris Hoisted, Consulting Engineer/Hogan Corporation and Barbara Salinas,City Secretary. Invocation&Pledge of Allegiance Councilman Scott was asked to give the invocation and Councilman Swartz was asked to lead the Pledge of Allegiance. Citizens Participation Mike Belt-Owner/Operator of Video Hits Mr.Belt presented the Mayor and Council with a petition of approximately 1,032 signatures in favor of making Kirby a two-way street. Mr. Belt also added that he has been in contact with City Manager,Mike Collins and understood that Kirby would remain one-way throughout the reconstruction of FM544 and SH78, for an estimated completion within 12-18 months. Mr. Collins stated that the intersection construction has offered an opportunity to negotiate improvements to Kirby between SH78 an Birmingham. Ms.Rebecca Smith,Oak Street Ms. Smith used a video presentation to demonstrate the traffic concerns of her neighborhood with regard to cut thorough traffic. Mr. Stanton Forester addressed some of her issues, defining Oak as a collector street. Mr. Foerster stated that the traffic study was not complete and offered several solutions to address resident concerns. Mr.Forester stated that he should have a report ready for Council by the first meeting in November. With regard to the same issue, Mr. Terry Hahn, 502 W. Oak expressed concerns regarding the design and function of suggested devices to manage traffic flow. Ms.Butcheck Ms. Butcheck expressed her concerns regarding the D.R. Horton Development addition. She expressed her concerns regarding sewer and flooding,park land and sidewalk provisions. Ms.Jill Lowery,Newport Harbor Resident Ms. Lowery presented a petition to Council to save the trees. She also inquired as to the recent announcement of Walmart locating in Sachse. Deborah Wages Ms.Wages expressed her concerns regarding a city study for any type of speed reduction of FM 1378. She also expressed her concerns regarding the ditch area fronting the Newport Harbor subdivision. The Mayor asked that staff conduct a walk through to evaluate the problems and report back to Council. Wylie City Council Minutes September 14,1999 Page 1 CONSENT AGENDA A. Approval of the Minutes from the Regular Meeting of August 24, 1999 and Special Called Meeting of August 31, 1999. Councilman Scott made a motion to approve the Minutes from the Regular Meeting of August 24, 1999 and Special Called Meeting of August 31, 1999. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. Recess City Council The Wylie City Council was recessed at 7:55 p.m. Call to Order Parks and Recreation Facilities Development Corporation. The Parks and Recreation Facilities Development Corporation was called to order at 7:56 p.m. with the following members present. Shirley Burnett, Gerry Whit,John Mondy, Chris Trout,Joel Scott, and J. C. Worley. Dan Chesnut was absent. 1. Consider and act upon approval of the FY2000 4B Budget, authorizing expenditures for the Community Services Facilities Capital Improvement Plan. Ms. Manson addressed this issue. She provided Council with a brief presentation that included FY99-2000 budgetary proposals. Chris Trout made a motion to approve the FY2000 Budget, authorizing expenditures for the Community Services Facilities Capital Improvement Plan. Gerry Whit seconded the motion. A vote was taken and the motion passed,6-0. Reconvene City Council The Wylie City Council reconvened at 8:00 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION la. Consider and act upon approval of the FY2000 4B Budget and the Community Services Facilities Capital Improvement Plan. The Mayor explained that this item was related to Item No. 1, voted upon for approval by the Parks and Recreation Facilities Development Corporation. Councilman Scott made a motion to approve the FY2000 4B Budget and the Community Services Facilities Capital Improvement Plan. Councilman Trout seconded the motion. A vote was taken and the motion pased, 7-0. 2. Consider and act upon approval of an Ordinance authorizing the issuance of$3,200,000 General Obligation Bonds,Series 1999,dated September 1, 1999 and all other matters related thereto. Wylie City Council Minutes September 14,1999 Page 2 Mr. Medenech explained that the city is issuing the first$3,200,000 of the$17,940,000 in general obligation bonds authorized by the election held on May 8, 1999. The allocation of bonds is divided as follows: $1,870,000 for Street Improvements,$850,000 for drainage improvements and$480,000 for Park Improvements. The bids were publicly opened on September 14, 1999 at 11 A.M./CDT. Mr. David Medenech,First Southwest, addressed this item. Mr. Medenech addressed items 2, 3, and 4, with clarification by the Mayor that all three items would require a separate vote. Mr. Medenech provided Council with a brief overview of the materials provided by First Southwest with regard to the recent bid opening. Mr. Medenech provided Council with the results of the bidding with recommendations. Councilman Scott had concerns about improving our ratings. Mr. Medenech explained that a 12%Reserve Fund Balance is good,but a higher fund balance would be beneficial. Councilman Scott made a motion to accept the bid of Everan Securities Associates for the purchase of $3,200,000 with an interest rate of 5.392619 and approve an Ordinance authorizing the issuance of$3,200,000 General Obligation Bonds, Series 1999, dated September 1, 1999 and all other matters related thereto. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. 3. Consider and act upon approval of an Ordinance authorizing the issuance of $1,380,000 Waterworks and Sewer System Revenue Bonds,Series 1999, dated September 1, 1999 and all other matters related thereto. Councilman Swartz made a motion to approve an Ordinance authorizing the issuance of$1,380,000 Waterworks and Sewer System Revenue Bonds, Series 1999,dated September 1, 1999 and all other matters related thereto. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. 4. Consider and act upon approval of an Ordinance authorizing the issuance of$410,000 Public Property Finance Contractual Obligations,Series 1999,dated September 1, 1999 and all other matters related thereto. Mr. Medenech made a quick reference to tab 2 of the materials provided by First Southwest. Mr. Medenech mentioned that bonds were placed with the American National Bank of Wyile. He pointed out the scale and the 4.9138 rate,which they considered exceptional and recommended award of bonds to American National Bank of Wylie,Texas. Councilman Worley made a motion to accept the bid of American National Bank of Wylie,Texas for the purchase of $410,000 and approve an Ordinance authorizing the issuance of $410,000 Public Property Financial Contractual Obligations, Series 1999, dated September 1, 1999, and all other matters related thereto. Councilman Scott seconded the motion. A vote was taken and the motion passed, 7-0. The Mayor then called for a 5 minute recess. 5. Consider and act upon approval of an Ordinance of the City of Wylie amending the Budget for Fiscal Year 1999, beginning October 1, 1998 and ending September 30, 1999; repealing all conflicting ordinances containing a severability clause and providing for an effective date. Mr.Brady Snellgrove,Finance Director, addressed this item. Mr. Snellgrove advised Council that all items are those that have been presented to Council previously or are general housekeeping items. Wylie City Council Minutes September 14,1999 Page 3 Councilman Trout made a motion to approve an Ordinance amending the Budget for Fiscal Year 1999,beginning October 1, 1998 and ending September 30, 1999;repealing all conflicting ordinances containing a severability clause and providing for an effective date. Councilman Scott seconded the motion. A vote was taken and the motion passed,7-0. 6. Hold a public hearing and consider and act upon approval of an Ordinance of the City of Wylie, adopting a budget and appropriating resources for fiscal year 2000,beginning October 1, 1999 and ending September 30,2000. Mr. Brady Snellgrove addressed this item, providing Council with a brief background of the FY 1999-2000 budget. The Mayor then opened the Public Hearing and asked that anyone who wished to speak in favor of or opposition of the proposed budget to come forward,state their name and address for the record and limiting comments to three minutes. With no response,the Mayor then closed the public hearing. Councilman Scott made a motion to approve an Ordinance of the City of Wylie, adopting a budget and appropriating resources for fiscal year 2000, beginning October 1, 1999 and ending September 30, 2000. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. 7. Consider and act upon approval of an Ordinance fixing the tax rate/levy for 1999 and for the Fiscal Year 1999-2000 budget. Mr. Snellgrove addressed this item. Mr. Snellgrove provided Council with a background and information on the proposed tax rate. Mr. Snellgrove stated that the proposed tax rate is Seventy cents($0.70)per$100 of assessed value. He stated that the city was in good financial shape and that we had met all requirements with meeting and publication notices. Mr. Snellgrove stated that the tax ordinance will generate new levies of$2,677,066 to the General Fund and$1,044,685 to the General Obligation Debt Service Fund. The Mayor then opened the Public Hearing and asked that anyone who wished to speak in favor of or opposition of the proposed tax rate/levy to come forward,state their name and address for the record and limiting comments to three minutes. With no response,the Mayor then closed the public hearing. Councilman Trout asked to make a statement. He stated that he understands the need for an increase in the tax rate and issuance of the bonds,however,he hopes that when our growth catches up to have the ability to roll back taxes. Councilman Trout made a motion to approve an Ordinance fixing the tax rate/levy for 1999 and for the Fiscal Year 1999-2000 budget. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. 8. Hold a public hearing to consider a request from D.R. Horton Custom Homes,for approval of a zone change from A(Agricultural)to PD(Planned Development)and a preliminary plat for the property generally located along the west side of FM 1378 directly across the street from the Newport Harbor development,and being a 136.339 acre tract of land situated in the William Patterson Survey,Abstract No.716,City of Wylie,Collin County,Texas. Wylie City Council Minutes September 14,1999 Page 4 Councilman Worley abstained from discussion and vote on Item No. 8 and completed the appropriate Conflict of Interest Affidavit. Mr.Maples addressed this item. Mr. Maples provided Council with a brief history of this request and was then available for questions. Mr.Maples stated that a representative of D.R. Horton was also available for comment and questions. Mr. Tony Krause, Engineer for D.R. Horton was present and addressed Council on this item. Mr. Krause provided Council with a brief background on this item. Mr. Krause described the features of the proposed subdivision and was then available for questions from Council. Council had concerns and questions regarding the widening of FM1378 and issues this may create,parkland and flood plain areas;what other builders will be building within this subdivision or will D.R. Horton be exclusive and public safety access. Council also made reference to the concerns of the citizens regarding flooding and drainage issues. Council raised concerns with regard to the sidewalk issue. Mr. Krause stated that the parkland dedication exceeds what our city ordinance requires and the design,with regard to flooding and drainage will comply with city codes and engineering recommendations. With regard to the sidewalk issue,Mr. Krause stated that by providing wrought iron fencing and masonry screening they could not provide sidewalks on FM1378,but suggested that sometimes the State may provide as part of the cost when they widen. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor of or in opposition of the request to come forward,state their name and address for the record and limit comments to three minutes. Mrs.Butschek, 1755 FM 1378 In addition to her previously stated concerns,Mrs.Butschek commented on the parkland dedication and the seven acres that are in the flood plain. She also expressed concerns regarding the gated community and the consequences of the$300,000 homes not selling. Jill Lowery,Newport Harbor Ms. Lowery expressed concerns with regard to flooding/drainage and sidewalks. She compared the Newport Harbor issues they now face to what could happen with the D.R. Horton addition. With no further response,the Mayor then closed the public hearing. Mayor Mondy made a motion to approve the request from D.R. Horton Custom Homes,for approval of a zone change from A(Agricultural) to PD(Planned Development) and a preliminary plat for the property generally located along the west side of FM 1378 directly across the street from the Newport Harbor development, and being a 136.339 acre tract of land situated in the William Patterson Survey,Abstract No. 716,City of Wylie. Collin County, Texas. Councilman Trout seconded the motion but asked that the developer take into consideration the concerns expressed by the Planning&Zoning Commission and City Council upon approval of the fmal plat. Councilman Scott expressed his concerns regarding the provision for sidewalks and suggested an escrow amount initiated with the possibility of State funding when FM1378 is widened to take care of sidewalk concerns. Councilman Trout withdrew his second to the motion. Mayor Mondy then withdrew his motion for further discussion. Wylie City Council Minutes September 14,1999 Page 5 There was further discussion regarding the procedure to secure sidewalk provisions. A representative of D.R. Horton Homes came forward and addressed this issue. He stated that they would be willing to pay one half of the cost of the sidewalk construction into an escrow fund. It was decided that perhaps the Home Owners Association could pay for half,with fees built into the association documents. Councilman Trout made a motion to approve the request from D.R. Horton Custom Homes,for approval of a zone change from A(Agricultural)to PD(Planned Development)and a preliminary plat for the property generally located along the west side of FM 1378 directly across the street from the Newport Harbor development, and being a 136.339 acre tract of land situated in the William Patterson Survey,Abstract No. 716,City of Wylie, Collin County, Texas, addressing all concerns raised by the Planning and Zoning Commission and the City Council. Councilman Swartz seconded the motion. A vote was taken and the motion passed,6-0. Councilman Worley abstained. 9. Hold a public hearing and consider a request from Brookshires Grocery Co.,for approval of a zone change from R(Retail)to B-1 (Business)for the property generally located along the east side of SH 78 in front of the Brookshire Grocery Store and being a.9028 acre(39,325 sq.ft.) strip of land situated in the E.C. Davidson Survey,Abstract No. 267, City of Wylie, Collin County, Texas. Mr.Maples addressed this item.Mr.Maples stated that the applicant provided a brief history of the request. He stated that at the August 17, 1999 Planning and Zoning Meeting, Commission voted to deny this case. P&Z concerns are traffic congestion; approaches to Highway 78; on site circulation once pump islands are installed; future parking needs of Brookshires Groceries and building line locations of the pump islands. Mr. Maples stated that applicant has asked that requesting that this item be sent back to the Commission, as they did not have representation at the P&Z meeting of August 17, 1999,due to a miscommunication. They wish an opportunity to address these concerns. Staff is recommending to send this case back to P&Z for consideration at their regular meeting of October 5, 1999 to come before Council at the regular meeting of October 26, 1999;reference to these dates will keep staff from readvertising the case. Council had concerns that the public would not be notified or have opportunity to be heard at the public hearing. It was determined that it would be in the best interest of the public to readvertise and allow applicant and public input. Mr. Maples stated that staff would process as Council desired and perhaps we could waive the fees for the applicant. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor of or in opposition of the request to come forward,state their nameand address for the record and limit comments to three minutes. Jill Lowery Ms. Lowery asked why the fees would be waived. Mr. Maples stated that this was only a suggestion. Councilman Swartz clarified that the fees had been paid once. With no further response,the Mayor then closed the public hearing. Councilman Scott made a motion to table this item and send back to the Planning & Zoning Commission. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. Wylie City Council Minutes September 14,1999 Page 6 10. Consider and Act Upon a Final Hat for the Sanden Addition,proposed by BSM Engineers,Inc., for Sanden International(USA),generally located at the southeast corner of FM 544 and Sanden Boulevard and being all of a certain 90.3099 acre tract situated in the Duke Strickland Survey, Abstract No.841,City of Wylie,Collin County,Texas. Mr. Maples addressed this item by providing Council with a brief background of the final plat request. Councilman Swartz made a motion to approve the fmal plat for the Sanden Addition, proposed by BSM Engineers,Inc.,for Sanden International(USA),generally located at the southeast corner of FM 544 and Sanden Boulevard and being all of a certain 90.3099 acre tract situated in the Duke Strickland Survey,Abstract No. 841, City of Wylie,Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. 11. Consider and act upon approval for Work Order No. WYL-37 authorizing The Hogan Corporation to proceed with paving improvements along Kirby Street from SH78 to Birmingham. Mr.Chris Holsted,Consulting Engineer/Hogan Corporation,addressed this item. Mr. Holsted provided Council with a brief summary of the project and work order. Councilman Scott made a motion to approve Work Order No. WYL-37 authorizing The Hogan Corporation to proceed with paving improvements along Kirby Street from SH78 to Birmingham. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. Work Session Discussion regarding Amendments to the Existing Ambulance Contract. City Manager,Mike Collins provided an overview of the situation and offered the work session as an opportunity to share information and take formal action at the first meeting in October. East Texas Representatives Mr. Tony Myers,Vice President/C.O.O and Mr. Randy Strozyk provided Council with a summary of their situation,citing rapid growth and health care changes as contributors to their need for assistance in order to continue to provide service to the community. The options East Texas offered were to 1) assist the City of Wylie in securing another ambulance provider,or 2)offer subsidy to offset financial losses. There was discussion as to how to provide financial assistance including membership promotion through the City of Wylie and levels of service that could be expected. There was considerable discussion on suggested alternatives. City Manager, Mike Collins stated that with Council's direction, the details of any proposed amendments to the existing contract will be worked out and presented to Council at the regular meeting of October 12, 1999. Wylie City Council Minutes September 14,1999 Page 7 Adjournment. John M , Mayor Attest: ara A. Sa ' s, City Secre Wylie City Council Minutes September 14,1999 Page 8