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02-22-2000 (City Council) Minutes MINUTES Wylie City Council Tuesday, February 22, 2000 - 7:00 p.m. Wylie Municipal Complex-Staff Conference Room 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Work Session to order,Tuesday,February 22, 2000 at 7:00 p.m. with the following Councilmembers present: Reta Allen, J.C. Worley, Merrill Young and Chris Trout. Councilmember Scott was absent. Place 3,is vacant due to the resignation of Councilman Jim Swartz. Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,Finance Director; Tobin Maples,Planning Director and Barbara Salinas, City Secretary. Invocation& Pledge of Allegiance Reverend Kirk Taylor of the First Baptist Church in Murphy was present to give the invocation. Proclamations& Presentations +Recognition of Firefighter Brent Kemp as VFW Fireman of the Year for 1999-2000. Mr.Roger Tedlock,Commander of VFW Post 2195 was present to honor Firefighter Brent Kemp as the VFW Fireman of the Year for 1999-2000. Firefighter Kemp will be honored at the VFW State Convention on June 23 in Dallas. ♦Recognition of WISD Teachers of the Year Nominees Ms.Betty Stephens,Wylie Independent School District Community Relations Director was present and introduced all WISD campus teachers of the year. Present were the following:Ms.Leigh Spillyards,Wylie High School;Ms.Margaret Clayton, Wylie Junior High; Mr. Danny Poellot, Wylie Intermediate School; Ms. Tammy Stone, Akin Elementary; Ms.Doris Creaghead,Birmingham Elementary;Ms. Sherry Betts,Dodd Elementary and Ms. Shannon Souddress,Hartman Elementary. Ms. Stephens also noted that Ms. Spillyards was selected to represent Wylie the WISD Teacher of the Year. ♦Proclamation of"Texas Public Schools Week"March 6-10,2000. Ms.Betty Stephens introduced several students from WISD campuses to accept the Proclamation for Texas Public School Week. She noted that the students were selected as a part of the Character Education Program. Present to accept the proclamation were the following students: D.J. Nelson,Akin Elementary, Chance Dyson,Birmingham Elementary;Ms. Soobin Martinez,Dodd Elementary; Cassie Davis and Aaron Long, Wylie High School;Jason Holder and Kelly Moore Wylie Intermediate School and Amanda Peacock of the Wylie Intermediate School. Also selected but unable to attend was Katheryn Jacks of Hartman Elementary. +Proclamation of March as Red Cross Month Ms.Leslie Brown of the American Red Cross was present to accept the Proclamation as read by Mayor Pro-Tern Worley. Wylie Committee Members present were,Mr.Ray Mullins,Ms.Betty Stephens,Lt. Jeff Scribner and Barbara Salinas. ♦Presentation by Mr.Greg Huckaby,TXU Electric Company. Mr. Greg Huckaby,Manager, TXU Electric and Gas was present to provide information regarding Item No. 1 on this evenings agenda. Mr. Huckaby described the intent of the request from Council as well as Senate Bill 7 with regard to deregulation. Wylie City Council Minutes February 22,2000 Page 1 Citizens Participation The Mayor asked that the record reflect that no one came forward. Consent Agenda A. Approval of the Minutes from the Regular Meetings of January 25,2000 and February 8,2000 and February 1,2000 Worksession. Councilwoman Allen asked for a correction to the Minutes of February 8,2000 within the first paragraph under Proclamations and Presentation. Change spelling from Monday to Mondy. With this correction Councilwoman Allen made a motion to approve the minutes from the regular meeting of January 25,February 8 and the February 1 Work Session. Councilman Young seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Scott absent. Place 3 vacant. ITEMS FOR INDIVIDUAL CONSIDERATION 1 Consider and act upon approval of a request from TXU Electric to accept the Tariff Filing pursuant to Substantive Rule 25.241,with revisions effective March 1,2000. Mr. Greg Huckaby,Manager of TXU Electric and Gas addressed Council to formally ask their consideration in acceptance of the Tariff Filing pursuant to substantive Rule 25.241. Mr. Huckaby stated that the Tariff filing does not propose to increase or decrease any existing charge or rate and that TXU Electric does not anticipate any change in revenues as a result of this proposed tariff revision. He further clarified that the purpose of this filing is to modify,close or delete certain existing tariffs in order to facilitate the transition to a competitive retail market as of January 1, 2002,pursuant to Senate Bill 7,passed during the 1999 Texas Legislature. Councilman Trout made a motion to approve the request from TXU Electric to accept the Tariff Filing pursuant to Substantive Rule 25.241,with revisions effective March 1, 2000. Councilman Worley seconded the motion. A vote was taken and the motion was approved 4-1, Councilman Young voting in opposition; Councilman Scott absent,Place 3 vacant. Elections 2. Consider and Act upon official acceptance of the resignation of Mr.Jim Swartz,Council Place 3. Councilman Worley made a motion to accept the resignation of Mr. Jim Swartz, Council Place 3. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 5-0. Councilman Scott absent; Place 3 vacant. 3. Consider and act upon approval of a Resolution ordering a Special Election for the purpose of filing the Place 3 vacancy,to be held in conjunction with the May 6, 2000 General Municipal Election. Councilman Worley made a motion to approve the Resolution ordering a Special Election for the purpose of filing the Place 3 vacancy, to be held in conjunction with the May 6, 2000 General Municipal Election. Councilman Trout seconded the motion. A vote was taken and the motion passed,5-0. Councilman Scott absent, Place 3 vacant. Wylie City Council Minutes February 22,2000 Page 2 Public Hearings 4. Hold a public hearing to consider and act upon a request from Cascade Companies.L.LC.,for approval of a zone change from MF(Multi-Family); and B-1 (Business)to PD(Planned Development)for a master planned single family neighborhood for the property generally located along the east side of FM 1378 just north of the Newport Harbor Development and being all of a certain 50.576 acre tract out of the James McUlmury Survey,Abstract No.629,and the WM.Burnett Survey,Abstract No.56,City of Wylie,Collin County,Texas. ZC99-14 This item was tabled at the February 8,2000 regular meeting of the Wylie City Council. Councilman Worley made a motion to remove Item 4 from the table. Councilman Trout seconded the motion. A vote was taken and the motion passed,5-0. The developer,Mr. Randy Nolan,Cascade Companies was present to address Council and advise of changes made since the last meeting. Mr. Nolan address Council concerns regarding lot size. He stated that 72%of the lots are over 8,500 square feet and that the average lot size is 10,600 square feet. He addressed the concerns of the Newport Harbor residents with regard to the B-1 use and listed the various allowed uses under this zoning. He stated that a hiking trail was eliminated out of concern for safety and that the existing trail would be concrete. He stated that additional access was added, off street parking (14 spaces) for the park area was provided and they have increased the easement to 50 feet. With regard to maintenance,Mr.Nolan stated that any item deemed as an amenity would be maintained by the Home Owners Association and that drainage system issues such as accommodations to growth and changes to park infrastructure would be the responsibility of the city. Council expressed concerns regarding the water supply. Mr.Nolan stated that they would be testing this summer and fall with regard to fire safety flow requirements. Councilman Worley expressed concerns with the specification regarding the weight of shingles,listed as 180. He asked that this be amended to 235 to which Mr.Nolan agreed. Mr.Dubb Douphrate,Engineer from Douphrate and Associates,was present and provided Council with a brief explanation of the drainage plan. With regard to erosion concerns,Mr. Douphrate explained that the system would allow only one-half of what is discharged today. The Mayor then opened the public hearing asking that anyone wishing to speak either in favor of or in opposition of the zone change request to come forward,stating their name and address for the record and limiting their comments to three minutes. Katherine Butschek- 1755 F.M. 1378 Ms.Butschek expressed concerns regarding the park area and the original use as Estate Lots set forth in the Comprehensive Plan. She was concerned of the value of the homes compared to those in the surrounding developments,restroom facilities in the park area,burden of taxpayers to fund future sidewalks and landscaping on F.M. 1378,the current problems with water supply and pressure,and what could happen to the ponds with a heavy rain. She concluded by stating that she felt that this area should be developed as estates lots as the comprehensive plan shows. Mr.Brent Volks,Anchor Drive Mr. Volks expressed his concerns with traffic congestion and school overcrowding that apartments would bring. He concluded by stating that he was in favor of the zone change Ms. Julie Schmader,Anchor Drive Ms.Schmader expressed concerns regarding sidewalks along F.M. 1378 and the need to set up an escrow account to fund future sidewalks. She also expressed concerns regarding water supply and pressure problems encouraging summer testing for flow out of fire safety concerns. She also expressed her concerns that she felt she shared with Councilman Scott with regard to lot size and following the comprehensive plan. She had concerns with street width,access and HOA maintenance of the ponds,concluding that she hoped that all of the Planning and Zoning Commission concerns were addressed. The Mayor then closed the public hearing. Wylie City Council Minutes February 22,2000 Page 3 Councilman Worley made a motion to approve the request from Cascade Companies.L.L.C.,for approval of a zone change from MF(Multi-Family);and B-1 (Business)to PD(Planned Development)for a master planned single family neighborhood for the property generally located along the east side of FM 1378 just north of the Newport Harbor Development and being all of a certain 50.576 acre tract out of the James McUlmury Survey, Abstract No. 629, and the WM. Burnett Survey, Abstract No. 56,City of Wylie,Collin County,Texas with the stipulation that an escrow account be established for future development of sidewalks as set forth with previous developers and the amendment to the roofing specifications with regard to changing shingle weight from 180 to 235. Councilman Trout seconded the motion. A vote was taken and the motion passed,5-0. Councilman Scott absent. Place 3 vacant. 5. Hold a public hearing and act upon a final plat for the Rush Creek Estates Phase II, 3rd Revision Addition,proposed by Jackson &Associates Land Surveyors,Incorporated for the property generally located along the north side of Rush Creek Drive between John Akin and Pine Ridge,and being all of a Lots 14 and 15,Block A,of the Rush Creek Estates Phase II,City of Wylie,Collin County,Texas. The Mayor opened the public hearing and asked that anyone wishing to speak either in favor of or opposition of the final Plat to come forward, stating their name and address for the record and limiting their comments to three minutes. With no response the Mayor then closed the public hearing. Councilman Trout made a motion to approve the final plat for the Rush Creek Estates Phase II, 3rd Revision Addition, proposed by Jackson&Associates Land Surveyors,Incorporated for the property generally located along the north side of Rush Creek Drive between John Akin and Pine Ridge,and being all of a Lots 14 and 15,Block A,of the Rush Creek Estates Phase II,City of Wylie,Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed,5-0. Councilman Scott absent. Place 3 vacant. Final Plat 6. Consider and act upon a Final Plat for the Phase H of the Lakeside Estates Addition,proposed by Carter &Burgess for the property generally located at the northeast corner of FM544 and Springwell Parkway along the north side of the railroad,and being all of a certain 28.770 acre tract out of the Moses Sparks Survey,Abstract No.849,City of Wylie,Collin County,Texas. Councilman Trout made a motion to approve the Final Plat for the Phase II of the Lakeside Estates Addition,proposed by Carter&Burgess for the property generally located at the northeast corner of FM544 and Springwell Parkway along the north side of the railroad,and being all of a certain 28.770 acre tract out of the Moses Sparks Survey,Abstract No. 849,City of Wylie,Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,5-0. Councilman Scott absent,Place 3 vacant. Final Payments 7. Consider and act upon final acceptance of the construction 30" sewer relocation, and authorize final payment to Mid-Continent Excavation in the amount of$37,426.30 and accept the project as complete. Councilman Worley made a motion to approve final acceptance of the construction 30"sewer relocation,and authorize final payment to Mid-Continent Excavation in the amount of$37,426.30 and accept the project as complete. Councilman Trout seconded the motion. A vote was taken and the motion passed,5-0. Councilman Scott absent,Place 3 vacant. 8. Consider and act upon final payment to Randall & Blake Inc., in the amount of$33,320.35 for the completion of Phase I of Founder's Park. This item was tabled at the February 8,2000 meeting. Councilman Young made a motion to remove this item from the table. Councilman Worley seconded the motion. A vote was taken and the motion passed 5-0. Councilman Scott absent,Place ra 3 vacant. Wylie City Council Minutes February 22,2000 Page 4 Ms.Mindy Manson,Assistant City Manager provided Council with a brief history of this item. There was some discussion among Council with regard to the cracking in the batting cage area. Ms. Manson stated that the Inspector from the Hogan Corporation did inspect this area and stated that this cracking did not effect the strength of the concrete. Some work was done to eliminate some of the cracking. The Mayor asked that we revisit this area before the 90 day warranty expires and see if it is acceptable. He also noted that city staff needs to appoint appropriate personnel to ensure that work is inspected before warranties expire and establish a procedure to track those expiration dates. Councilman Young made a motion to approve final payment to Randall&Blake Inc.,in the amount of$33,320.35 for the completion of Phase I of Founder's Park,with the stipulation to retain$5,000 to reseed. Councilman Trout seconded the motion. A vote was taken and the motion passed 5-0. Councilman Scott absent,Place 3 vacant. Contracts&Bids 9. Consider and act upon authorizing the City Manager to enter into a contract with R.J.Enterprise for the operation of the concession stand at Community Park. Ms. Mindy Manson,Assistant City Manager addressed this item. She provided Council with a brief history of this item stating that this contract is identical to the previous with the exception of some menu changes as suggested by the Parks Board. Councilman Trout made a motion to approve the authorization of the City Manager to enter into a contract with R.J. Enterprise for the operation of the concession stand at Community Park. Councilwoman Allen seconded the motion. A vote was taken and the motion passed 5-0. Councilman Scott absent,Place 3 vacant. The Mayor then called for a five minute recess at 8:45 p.m.before adjourning into Work Session. Work Session + Proposed Animal Shelter Mr.Ed Rawls,Rawls,Jones Architects was present to provide Council alternatives to the proposed animal shelter. Mr.Rawls provided Council with several alternate bids so that Council would have the options to construct within the allowed budget. His changes also incorporated setting the facility back in line with the Service Center, alternate bid for brick and a metal siding option. The interior suggestions were to cut drainage to the minimum, sheet rock wall with washable interior panels. Mr. Rawls stated that it was their intent to allow Council a variety of options,that would allow Council to compare costs. + 1999 Bond Program- Capital Projects Update Mr. Stanton Forester provided Council with an update on the Kirby Street project. He stated that they have some issues with regard to obtaining the required right of entry to certain properties. He explained options to Council as constructing one half of the roadway and the possibility of a condemnation process,which could involve a lengthy time frame. Mr. Collins expressed the interest and need to progress with Kirby in a timely manner and that we needed to resolve this issue within the next few weeks. The Mayor then adjourned the Work Session and reconvened into Regular Session 10. Consider and act upon revised architectural plans for an animal shelter facility and the solicitation of bids for construction. Councilman Worley made a motion to authorize the solicitation of bids for construction of the animal shelter facility. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,5-0. Councilman Scott absent,Place 3 vacant. Wylie City Council Minutes February 22,2000 Page 5 Adjournment. With no further business to come before Council,the meeting was adjourned at 10:03 p.m. 114 John Mondy,Mayor Attest: ar ara A. S nas,City ecretary Wylie City Council Minutes February 22,2000 Page 6