05-09-2000 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, May 9, 2000
Wylie Municipal Complex— Council Chambers
2000 State Highway 78 North
Council Present: Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Merrill
Young,and Councilman Chris Trout. Councilman J.C. Worley was absent.
Staff Present: Mindy Manson, Acting City Manager; Brady Snellgrove, Finance Director; Chris Hoisted, Hogan
Corporation;Jack Jones, Capital Projects; Shan English,Fire Chief;Barbara Salinas, City Secretary.
Councilman Scott was asked to give the Invocation and Councilman Trout was asked to lead the Pledge of
Allegiance.
The Mayor presented members of the Wylie Fire Department a Proclamation recognizing their actions that
resulted in saving the life of a local three-year old. Present for the recognition were Lt. James Brown, Firefighter
Brent Kemp and Firefighter Jeremy Nichols. Firefighter Robert Bohmer was unable to attend. Not present, but
also recognized were ambulance personnel, James Warren and Mike Livingston from East Texas Medical Center
EMS.
Mr. Ken Mitchell,Property Owner/Sage Creek
Mr. Mitchell presented for Council's consideration an off street sample sign that they wish to implement in the
Wylie community. He stated that current regulations do not permit signage for weekday customers who are
searching for housing in the Wylie area. Mr. Mitchell stated they would work with city staff and council to amend
or change existing restrictions to allow off street signage.
Deborah Wages, 1540 Coral Reef
Ms. Wages is a resident of Newport Harbor. She shared her concerns regarding drainage issues and lack of
response. She also expressed her concerns regarding the rate of speed on FM1378/Country Club Drive. She
mentioned that the mud left by the contractors combined with rain causes slippery streets and should be a safety
concern.
Ms. Mindy Manson stated that with regard to the speed limitations, the State has jurisdiction. She also explained
that during the course of a study, the speed limit is based on the speed of 85%of the current drivers and that in
this case, the speed limit could be increased. She also stated the State has rejected the request for school zones,
but that a controlled intersection at McCreary may offer a resolution to the speed issue.
Councilman Scott added that an upcoming bond election would need the support of residents for improvements to
both FM1378/Country Club Drive and Brown Street. The Mayor stated that the next County bond election could
be as early as within two years.
Ms. Laura Gates, Resident Newport Harbor
Ms. Gates was present to voice her concern regarding the water issues and lack of response from both the City of
Wylie and Fox and Jacobs Homes. She provided pictures that were passed among Council. She stated that until
this issue is resolved she understood that there would be no more building permits issued to Fox and Jacobs, to
which she has discovered that they have purchased land.
Minutes of May 9,2000
Wylie City Council
Page 1
She stated that litigation has now become necessary and wanted to know why this is allowed before the current
problem is resolved. There was considerable discussion regarding the existing drainage problems and easements
for drainage. She stated and provided for Council's review a response to a restraining order that she found
necessary to seek. Ms. Gates stated that it was not necessary to file the order.
The Mayor asked that Mr. Hoisted, City Engineer, speak with him after the conclusion of the meeting.
Mr. Gary Bowland, Owner/Operator Ballard Street Café
Mr. Bowland requested Council's consideration that the alley reconstruction behind his restaurant and other
merchants(Between Oak and Marble)is considered sooner than originally scheduled. Mr. Bowland cited delivery
truck traffic and the damage caused to existing driveways as his concerns to expedite the project.
A. Approval of the Minutes from the April 25,2000 Regular Meeting.
Councilman Scott made a motion to approve the minutes of April 25, 2000 Regular meeting with the following
corrections. Page 1 reference to"Mr" Schmader change to"Ms";and change the vote to reflect 6-0 rather than 7-0
on Consent Items A&B. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 5-
0. Councilman Worley absent and Place 3 vacant.
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The City Secretary read into the record the results of the May 6, 2000 General and Special Election.
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Councilman Scott made a motion to approve the resolution declaring the results of the official canvass of the
General Election of May 6, 2000. Councilwoman Allen seconded the motion. A vote was taken and the motion
passed, 5-0. Councilman Worley absent, Place 3 vacant. It was noted that the Mayor's place would require a
runoff between die incumbent, Mayor Mondy and candidate Catherine Butschek, since none of the three
candidates received a majority of the vote.
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Councilman Scott made a motion to approve the resolution declaring the results of the official canvass of the
Special Election of May 6, 2000. Councilwoman Allen seconded the motion. A vote was taken and the motion
passed, 5-0. Councilman Worley absent,Place 3 vacant.
The Mayor then signed and distributed a Certificate of Election to the newly elected and reelected Council.
Councilwoman Allen, Place 2; Councilman Hogue, Place 3; Councilman Young, Place 4, and Councilman Trout,
Place 6.
Judge Terry Douglas administered the Oath of Office to the newly elected and reelected Council. Councilman
Hogue was then seated at Place 3.
Councilman Trout made a motion to nominate Councilman Scott. Councilwoman Allen seconded the motion. A
vote was taken and the motion passed, 5-0. Councilman Scott abstained.
The Mayor then asked for a five-(5) minute recess before moving forward to Item 1 to allow the City Secretary to
administer necessary election duties.
Minutes of May 9,2000
Wylie City Council
Page 2
1. Consider and act upon approval to enter into a Mutual Aid Agreement between the City of
Wylie and Rockwall County EMS.
Fire Chief Shan English addressed this item. Chief English briefly explained the purpose and intent of a
Mutual Aid Agreement and how it is beneficial to the community. Approval of this agreement would
provide a back up to the City of Wylie in case the ETMC and the City's ambulances are unavailable due
to other emergencies. Chief English recommended approval of the proposed agreement with the
Rockwall County EMS.
Councilman Young made a motion to approve the Mutual Aid Agreement between the City of Wylie
and Rockwall County EMS. Councilman Trout seconded the motion. A vote was taken and the motion
passed, 6-0. Councilman Worley absent.
2. Consider and act upon approval to enter into an Interlocal Agreement for Fire Protection
Services between the City of Rockwall and the City of Wylie.
Fire Chief Shan English addressed this item. Chief English stated that the Interlocal Agreement is
similar to those already approved with all the cities of Collin County and the City of Sachse. He
explained that the parties will form an agreement whereby each will assist the other in fire protection
services, and \\ill further agree to assist each other in providing fire protection services to protect the
health, life and property within the corporate limits of the two cities and the ETJ of both cities. Chief
English recommended approval of the proposed Interlocal Agreement between the City of Rockwall and
the City of Wylie.
Councilman Hogue made a motion to approve the Interlocal Agreement for Fire Protection Services
between the City of Rockwall and the City of Wylie. Councilwoman Allen seconded the motion. A
vote was taken and the motion passed, 6-0. Councilman Worley absent.
3. Consider and act upon approval for an addendum to the Interlocal Agreement for Fire
Protection Services between the Town of St. Paul and the City of Wylie.
Fire Chief Shan English addressed this item. Chief English provided a brief history of the past
agreements with the City of St. Paul, beginning with the Interlocal Agreement signed in January of
1993. He explained that complications of runs have caused the Town of St. Paul to question the
situation and to question whose financial responsibility the run belonged. Chief English stated that the
proposed addendum will resolve the question of responsibility. He further stated that this will clarify
boundaries and jurisdiction and the proposed flat rate will eliminate the time spent to justify financial
responsibility.
The Mayor expressed some concern regarding the flat rate and asked if a per capita breakdown could be
reviewed at some time in the future. Chief English stated that the coalition is at this time looking at a
per capita charge.
Councilwoman Allen made a motion to approve the addendum to the Interlocal Agreement for Fire
Protection Services between the Town of St. Paul and the City of Wylie. Councilman Trout seconded
the motion. A vote was taken and the motion passed, 6-0. Councilman Worley absent.
Minutes of May 9,2000
Wylie City Council
Page 3
4. Consider and act upon a preliminary plat for the Quail Meadow Addition, proposed by Carter
& Burgess for Centex Homes, for the property generally located along east side of FM 1378
immediately south of the Newport Harbor development, and being all of a certain 56.45 acre
tract situated in the James Mculmurry Survey, Abstract No. 629, City of Wylie, Collin
County, Texas.
Councilman Scott made a motion to remove Item 4 from the Table. Councilman Trout seconded and
the motion passed. 6-0. Councilman Worley absent.
Ms. Manson, Interim City Manager addressed this item. Ms. Manson provided Council with a brief
history of the request. Chris Hoisted, City Engineer was also present to address any concerns. There
was some discussion and concerns with regard to easements and access.
Mr. Brent Peddigo representing Centex Homes was present There was some discussion with regard to
correcting existing problems. Mr. Peddigo stated that the Newport Harbor area was previously accepted
by the City and Centex is not responsible and should not be asked to come back and correct. There was
further discussion regarding the existing trees. Mr. Peddigo stated that most of the trees are in the
dedicated right of way, but they will work to save those within their property.
The Mayor then asked with regard to Ms. Laura Gates previous issues, how Centex could elevate her
problem. Mr. Peddigo stated that this development does not effect her property and that they would not
make improvements on plans already submitted and approved.
There was discussion with regard to the required 2.8 acres of parkland dedication. Ms. Manson stated
that there has been some discussion with the applicant with regard to Lot 19 and any possibility of the
city's willingness to make improvements to provide a park, i.e. playground. Mr. Peddigo agreed that a
parksite would make sense, however there are some zoning challenges involved. There was also some
questions with regard to parking spaces to accommodate patrons. The Park Board has had discussion
and they suggest widened pavement adjacent to the park area.
The Mayor asked Mr. Peddiog if he has had any discussion with Mr. Hyneck on sidewalks. Mr.
Peddigo stated that he had not, but they could explore this possibility.
Ms. Manson stated that future conditions such as the additional parkland and the 12" water line will be
addressed prior to the actual construction. She explained that the current zoning complies, however, if
the parkland does not work out, they will be required to come back to rezone; with regard to the water
line, it will have to be in place before construction. Mr. Jones, Capital Projects, stated that the
construction on the vy ater line would begin the end of July or the first of August.
Councilman Scott made a motion to approve the preliminary plat for the Quail Meadow Addition,
proposed by Carter & Burgess for Centex Homes, for the property generally located along east side of
FM 1378 immediately south of the Newport Harbor development, and being all of a certain 56.45 acre
tract situated in the James Mculmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas,
with the stipulation that there are no drainage issues with the streets/alleys, specifically no issue to the
South as previously experienced: also stipulation that contact is made with Mr. Skip Hynek to work
toward the extension of a sidewalk to Dodd Elementary. Councilwoman Allen seconded the motion. A
vote was taken and the motion passed, 6-0. Councilman Worley absent.
Minutes of May 9,2000
Wylie City Council
Page 4
5. Consider and act upon a final plat for the Twin Lakes Phase III Addition, proposed by
Corwin Engineering, Inc. for Twin Lakes, L.P., for the property generally located along the
north side of Alanis Drive and behind Fire Station No. 1, and being all of a certain 22.372
acres out of the A. Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas.
Ms. Mindy Manson provided Council with a brief background on this request, stating that the applicant
is final platting 22.372 acres in order to develop the property with 100 single-family lots.
The Applicant was present to address any concerns of Council. He stated that Choice Homes would be
building all within this development. The Mayor advised the applicant that at the present time, Choice
Homes does not have a good relationship with customers after they sell their homes and that many
homeowners are frustrated with Choice and the level of customer service provided. The applicant
stated that he would be conveyed to the appropriate personnel.
Councilman Trout made a motion to approve the final plat for the Twin Lakes Phase III Addition,
proposed by Corwin Engineering, Inc. for Twin Lakes, L.P., for the property generally located along the
north side of Alanis Drive and behind Fire Station No. 1, and being all of a certain 22.372 acres out of
the A. Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Councilman Scott
seconded the motion. A vote was taken and the motion passed, 6-0. Councilman Worley absent.
6. Consider and act upon a final plat for the East Fork by the Lake Phase I Addition,
proposed by Kurtz-Bedford Associates, Inc. for D.R. Horton Custom Homes, for the
property generally located along the west side of FM 1378 across from the Newport
Harbor development, and being all of a certain 55.689 acres out of the William Patterson
Survey, Abstract No. 716, City of Wylie, Collin County, Texas.
Ms. Mindy Manson addressed this item. Ms. Manson provided Council with a brief background of this
request. The applicant. Mr. Paul May, D.R. Horton, was also present. There was discussion with regard
to the continuity of any future trail system if the ponds are controlled by the Home Owners Association.
There was considerable discussion with regard to the recommendations of both the Parks Board and the
Planning & Zoning Commission. The Mayor called for a ten minute recess to clarify the
recommendations of both boards. The Council reconvened after the recess and Councilman Hogue
stated that the Commission's motion was to approve subject to Park fees paid all maintenance of the
ponds by the Home Ow ners Association. Mr. Mays stated that they are willing to work with staff to
everyone's satisfaction. There was discussion with regard to maintenance of the ponds. Concerns
were expressed that if the HOA maintains the ponds then the trails/paths would be closed and unable to
connect with trails/paths of adjacent developments. If the city maintains, the public can utilize. There
was some concerns with the City's acceptance of maintenance of the ponds. There was discussion and
consideration of a dedicated access to allow public use of trails/paths and insurance/liability issues.
Councilman Scott made a motion to approve the final plat final plat for the East Fork by the Lake Phase
I Addition, proposed by Kurtz-Bedford Associates, Inc. for D.R. Horton Custom Homes, for the
property generally located along the west side of FM 1378 across from the Newport Harbor
development, and being all of a certain 55.689 acres out of the William Patterson Survey, Abstract No.
716, City of Wylie. Collin County, Texas, with stipulations of land dedicated for hike and bike trails to
the North in the fina l platting phases. Councilman Scott then withdrew his motion.
Minutes of May 9,2000
Wylie City Council
Page 5
After some discussion with regard to subsequent phases and trails/paths, Councilman Scott amended the
motion to approve as stated with stipulations that we look into parkland dedication on the final plat of
subsequent additions. Councilman Young seconded the motion. A vote was taken and the motion
passed, 6-0. Councilman Worley absent.
7. Consider and act upon a final plat for the Possum Lodge Addition, proposed by C&P
Engineering, Ltd., for William Chapman, for the property generally located on the
northeast corner of Highway 78 and Calloway, and being all of Block 35 of the Town of
Wylie, Collin County, Texas.
Ms. Mindy Manson provided a brief background of this request. She stated that the final plat is for
0.7498 acres for the proposed Jack in the Box restaurant located at the intersection of SH78 and
Calloway. She stated that the Commission has voted favorably to recommended approval.
Councilman Scott made a motion to approve the final plat for the Possum Lodge Addition, proposed by
C&P Engineering. Ltd., for William Chapman, for the property generally located on the northeast corner
of Highway 78 and Calloway, and being all of Block 35 of the Town of Wylie, Collin County, Texas.
Councilman Young seconded the motion. A vote was taken and the motion passed, 6-0. Councilman
Worley absent.
8. Consider and act upon the award of a contract for construction of a new animal shelter
and municipal warehouse facility.
Ms. Mindy Manson addressed this item. She stated that the construction of the new animal shelter and
municipal warehouse facility presented was based on the direction of Council. Architect, Mr. Rawls of
Rawls and Jones was also present. The location is now east of the Service Center including concrete to
bring the driveway around and to extend the sidewalk to the shelter. There was some discussion with
regard to landscaping. Ms. Manson stated that there would be some landscaping and that Mr. Nelson,
Parks Superintendent has some estimates on cost. She also noted that funds are available. Councilman
Scott asked Mr. Rawls if we could enhance the front design to which he agreed that some enhancements
could be added.
Councilman Scott made a motion to approve the award of a contract for construction of a new animal
shelter and municipal warehouse facility with the stipulation that we review design options.
Councilman Trout seconded the motion. A vote was taken and the motion passed, 6-0. Councilman
Worley absent.
9. Consider and act upon the award of an annual contract for asphalt overlay and seal coating.
Mr. Chris Hoisted. City Engineer, addressed this item. Mr. Holsted provided Council with a brief
history of the annual maintenance for resurfacing and seal coating of asphalt streets. He stated that
APAC-TEXAS has held the contract for the last seven years and has performed all work in a
satisfactory and timely manner. Staff is recommending that Council award the annual contract for
asphalt overlay and seal coating to APAC-TEXAS, having an effective date of May 15, 2000 with an
option to renew for successive one year periods.
Councilman Hogue made a motion to award the annual contract for asphalt overlay and seal coating,
having an effective date of May 15, 2000 with an option to renew for successive one year periods.
Councilman Scott seconded the motion. A vote was taken and the motion passed, 6-0. Councilman
Worley absent.
Minutes of May 9,2000
Wylie City Council
Page 6
,.... 10. Consider and act upon the award of contract for the W. Kirby Street Paving and Drainage
Improvements from SH78 to S. Birmingham.
Chris Hoisted addressed this item. Mr. Hoisted provided Council with a brief history of the Kirby Street project.
Councilman Scott clarified that we would not have four lanes all the way until right of entry has been obtained and
that the figures are in line with what was originally projected. Mr. Hoisted confirmed and stated that it is their
intent to have two lanes open before the start of the 2000-01 school year. The Mayor asked that we place signs to
indicate street closures and notify the residents of the pending one day street closures per street. The Mayor also
suggested that we send flyers home with the students of Hartman Elementary and any others that may be effected.
Councilman Trout made a motion to award the contract to Tricon Services for the W. Kirby Street Paving
and Drainage Improvements from SH78 to S. Birmingham not to exceed $546,466.75. Councilman
Young seconded the motion. A vote was taken and the motion passed, 6-0. Councilman Worley absent.
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Mid Year Budget Amendments
Mr. Brady Snellgrove presented Council with a summary of the proposed mid year budget amendments. Mr.
Snellgrove reviewed the amendments and provided detail of the Combined Summary worksheet as well as the
General Fund and Utility Fund. He also provided information on other funds, such as 4B Sales Tax Revenue,
Fleet Replacement.
After some discussion,the Mayor then reconvened into Regular Session.
11. Consider and act upon approval of an Ordinance of the City of Wylie amending the budget for the
fiscal year 2000, beginning October 1, 1999 and ending September 30, 2000; repealing all conflicting
ordinances; containing severability clause and providing for an effective date.
Councilman Young made a motion to approve the Ordinance of the City of Wylie amending the budget for the
fiscal year 2000. beginning October 1, 1999 and ending September 30, 2000; repealing all conflicting ordinances:
containing severability clause and providing for an effective date. Councilman Hogue seconded the motion. A
vote was taken and the motion passed,6-0. Councilman Worley absent.
ADJ!f VRNMV
With no further business to come before Council, the meeting was then adjourned.
/f John ids dy,Mayor
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Minutes of May 9,2000
Wylie City Council
Page 7