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07-11-2000 (City Council) Minutes MINUTES Wylie City Council Tuesday, July 11, 2000 Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Council Present:, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman J.C. Worley and Councilman Chris Trout. Mayor John Mondy, Mayor Pro Tem Joel Scott and Councilman Merrill Young were absent. Councilman J.C. Worley presided. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director; Fire Chief Shan English; Richard Abernathy, City Attorney and Barbara Salinas, City Secretary. Councilman Hogue was asked to give the Invocation and Councilman Trout was asked to lead the Pledge of Allegiance. Nikki Allen, 100 Rush Creek Ms. Allen expressed her concerns regarding two issues. The first was the replacement of Ms. Schmader on the Planning and Zoning Commission. She stated that it appears to some that members were replaced with an all-male board and that there needs to be an appeal process. Ms. Allen also expressed here concern regarding the unprotected railroad crossings in Wylie,citing the recent car/train accident in Garland. A. Approval of the Minutes from the Regular Meeting of June 27,2000. B. Consider and act upon a resolution of the City Council of the City of Wylie, Texas, changing authorized representatives for the Local Government Investment Cooperative(LOGIC). Councilwoman Allen made a motion to approve Consent Item A, Approval of the Minutes from the Regular Meeting of June 27, 2000 & Consent Item B, Approval of Resolution No. 2000-14 (R). Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 4-0. Mayor Mondy, Councilman Scott and Young absent. 1. Hold a public hearing to consider and act upon approval of a Replat for Oak Meadow Addition, generally located along the south side of East Brown Street,east of Eubanks Lane, and being all of a certain 1.9287 acres out of the Francisco de la Pina, Abstract No. 688, City of Wylie, Collin County,Texas. Councilman Worley opened the public hearing and asked that anyone wishing to speak in favor or opposition of the replat to please come forward at this time, stating their name and address for the record and limiting their comments to three (3)minutes. Mr. Robert Sandlin, Developer, came forward. Mr. Sandlin explained that his intentions are to increase the existing lot sizes, create two more lots,and develop the property with single family residential uses. With no further response,Councilman Worley then closed the public hearing. Minutes of July 11,2000 Wylie City Council Page 1 Councilman Hogue made a motion to approve the Replat for Oak Meadow Addition, generally located along the south side of East Brown Street, east of Eubanks Lane,and being all of a certain 1.9287 acres out of the Francisco de la Pina,Abstract No. 688, City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved,4-0. Mayor Mondy, Councilman Scott and Young absent. 1. Hold a public hearing to consider and act upon a request from TXU Electric for approval of a zone change from A (Agriculture)to SUP (Specific Use Permit), generally located south of SH78, north of Brown Street and being all of a certain 69.982 acre tract out of the Francisco de la Pina Survey, Abstract No. 688,City of Wylie,Collin County,Texas. At the June 20, 2000 meeting of the Planning and Zoning Commission, the applicant requested that this item be tabled until the August 15, 2000 Planning and Zoning Commission meeting to allow additional time to discuss the issue with property owners. Since the item was advertised for a public hearing, Councilman Worley opened the pubic hearing asking that anyone wishing to speak in favor or opposition of the replat to please come forward at this time, stating their name and address for the record and limiting their comments to three (3) minutes. With no response, Councilman Worley then closed the Public Hearing. Councilman Trout made a motion to table the item until after review by the Planning and Zoning Commission at their regular meeting of August 15, 2000. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 4-0. Mayor Mondy, Councilman Scott and Young absent. 2. Hold a public hearing to consider and act upon a request from Barry Patrick for approval of a zone change from A(Agriculture)to I(Industrial),generally located south of FM544 and west of Sanden Blvd and being all of a certain 15.296 acre tract out of the D. Strickland Survey, Abstract No.841, City of Wylie,Collin County,Texas. At the June 20, 2000 meeting of the Planning and Zoning Commission, the applicant requested that this item be withdrawn. Since the item was advertised for a public hearing, Councilman Worley opened the pubic hearing asking that anyone wishing to speak in favor or opposition of the replat to please come forward at this time, stating their name and address for the record and limiting their comments to three (3) minutes. With no response, Councilman Worley then closed the Public Hearing. 3. Hold a Public Hearing to consider and act upon a request from Allen Funeral Home for approval of a zone change from SF-3 (single family) to B-1 (Business), generally located south of Masters Avenue and Fifth Street, and being all of a certain 0.627 acre tract out of the Francisco de la Pina Survey,Abstract No. 688 and also being all of Lots 16& 17,Block 28 of the Railroad Addition, City of Wylie,Collin County,Texas. Councilwoman Allen abstained from any discussion and vote on Item No. 4 and completed the proper affidavit for Conflict of Interest. It was noted that no action could be taken on this request for lack of a quorum. Since the item was advertised as a public hearing, Councilman Worley opened the Public Hearing asking that anyone wishing to speak in favor or opposition of the zone change to please come forward at this time, stating their name and address for the record and limiting their comments to three (3)minutes. Mr. Don Jackson, representing the applicant, provided Council with a brief presentation of the expansion of the funeral home. Mr. Jackson provided visual images of the area currently surrounding the facility and described the plans to expand the business. With no further response, Councilman Worley then closed the Public Hearing. Minutes of July 11,2000 Wylie City Council Page 2 4 Consider and act upon the approval of an agreement for billing and collection service calls and services from insurance companies for the Fire Department. Fire Chief Shan English addressed this item. Chief English stated that the proposed agreement will be utilized to bill and collect for fire department related calls. He stated that three companies had submitted bids, All Around Medical Billing, F.I.R.E., Inc, and Specialized Billing & Collection Systems of Texas. He stated that staff is recommending Specialized Billing and Collection Systems of Texas, due to their experience. The funds collected from this service and other billed services for the fire department may be placed in a special revenue fund that would be used to build a fire training center and/or related equipment in the future. Councilwoman Allen had concerns regarding the increase in premiums this could cause policyholders. Chief English explained that if approved, this service would bill insurance companies to reimburse the Wylie Fire Department for expenses incurred during fire and accident related calls and that the provisions are there and will be collected only if the provisions are built into the policy. Councilwoman Allen asked if the department had considered utilizing the department's Secretary position to do the billing. Chief English responded by stating this process is very time consuming and requires a level of expertise in dealing with insurance companies. Councilwoman Allen expressed her concerns stating that the tax paying citizens expect certain services without additional billing. Chief English explained that the funds recovered would be of benefit to the citizens of Wylie. Mr. Johnson clarified that the provisions are already within most policies and that the revenue collected is to recoup our costs. He explained that rates could be effected,but it is likely that any increase would be minimal. Chief English explained that with the funds collected, they would like to build a fire-training center, as the closest one is now in McKinney and a user fee is required. Chief English stated that with our own Fire Training Center, there is the possibility that we could also off its use for a fee. Councilman Trout made a motion to approve the agreement with Specialized Billing and Collection Systems of Texas for the billing and collection service calls and services from insurance companies for the Fire Department. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 3-1. Councilwoman Allen voting in opposition;Mayor Mondy, Councilman Scott and Young absent. 5. Consider and act upon approval of a Resolution requesting the North Texas Municipal Water District to move forward with implementation of the program which include filing of a TNRCC permit request along with the design and construction of a five (5) million gallon per day wastewater treatment plant. Mr. Johnson, City Manager, explained that this was in reference to the Work Session held on June 27. 2000 with the Hogan Corporation and the North Texas Municipal Water District. North Texas will be the administrator of the project, and the proposed Resolution will provide them with the authority to speak on behalf of the City of Wylie as they initiate the Wastewater Treatment Plant program. Councilman Hogue made a motion to approve Resolution No. 2000-15(R) requesting the North Texas Municipal Water District to move forward with implementation of the program which include filing of a TNRCC permit request along with the design and construction of a five (5) million gallon per day wastewater treatment plant. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, 4-0. Mayor Mondy, Councilman Scott and Young absent. Councilman Worley then convened into Executive Session in accordance with Chapter 551 of the Government Code, Vernon's Texas Code Annotated, Section 551.071 Consultation with City Attorney, pending litigation Fred M. Bruner and Joy G Bruner vs the City of Wylie; Cause No. 296-0890-00; Section 551.071 Consultation with City Attorney involving matters (Birmingham Land) where the duty of the attorney to the governmental body of the Texas Disciplinary Rules of Professional Conduct of the state Bar of Texas clearly conflicts with this chapter; Section 551.072 Real Estate (100 Block of South Jackson)to deliberate the purchase, exchange, lease or value of real property. Minutes of July 11,2000 Wylie City Council Page 3 No action was taken as a result of Executive Session. Proposed Contract Renewal with BFI Refuse Service Mr. Johnson, City Manager, advised Council that our contract with BFI is up for renewal and that BFI would like to continue to provide services to the Wylie area. He stated that BFI was willing to offer a once a month brush/bulk pick up for an increase of.22 cents per month for a total of$8.31 for the first contract year with an annual Consumer Price Index adjustment not to exceed 5% over the remaining four years of the contract. We currently pay$8.09 per month. There was discussion regarding the brush/bulk pick up with regard to scheduling and requirements. Ms. Sally Magnuson, Municipal Marketing Manager for BFI was present to answer any questions from Council. She explained that the space allotted for brush/bulk pick up was 6' X 6' X 3'. Ms. Magnuson stated that safety concerns for the employees are a factor in setting weight limits, but that they would work with the city on items that may exceed the set requirements. It was determined that Code Enforcement would need to be involved to ensure that items are not placed out for pick up too early. Mr. Johnson thanked Ms. Magnuson and advised that the renewal of the contract with BFI would be on the next agenda of the Wylie City Council for their consideration and action. Peer Salary Survey of Surrounding Cities Mr. Johnson advised Council that Mr. Chris Hartung would be conducting the survey of salaries and that staff would need Council's approval and acceptance of the peer cities selected before Mr. Hartung begins his work. Mr. Johnson stated that although we cannot match the salaries of some of the recommended cities, we do compete with cities such as Plano and Richardson. He described the area as North to Greenville, East to IH30 to include Rockwall and Rowlett. Also included in the survey group are Garland, Richardson, Plano, McKinney, Allen and Sachse. Mr. Johnson expressed how important that it was to have direction from Council before asking Mr. Hartung to conduct the survey using the suggested cities. He explained that once we compare the salaries, Council will need to decide on a percentage of where we want to be in relation to the market difference. With no further business to come before Council,the meeting was adjourned. Vv\ John ndy,Mayor ATTEST: iff Jolt/ / ra A Sali a City Secretary , ` Minutes of July 11,2000 Wylie City Council Page 4