12-12-2000 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, December 12, 2000— 5:30 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
Council Present:Mayor John Mondy, Councilman Joel Scott,Councilwoman Reta Allen, Councilman Eric Hogue,
Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout.
Staff Present: Anthony Johnson, City Manager, Brady Snellgrove, Finance Director; Claude Thompson, Senior
Planner; Fire Chief, Shan English; Mike Sferra, Director of Development Services and Barbara Salinas, City
Secretary.
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Councilman Eric Hogue was asked to give the invocation and Councilman J.C. Worley was asked to lead the
Pledge of Allegiance.
The Mayor then convened into Executive Session in accordance with Chapter 551, Government Code, Vemon's
Texas Code Annotated(Open Meeting Law), Section 551.074,Personnel Matters;to deliberate the appointment of
a Municipal Court Judge and the six-month evaluation of the City Manager.
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The Mayor reconvened into the regular meeting at 8:27 p.m.and announced that there would be no action taken as
a result of the Executive Session.
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There were no participants.
A. Approval of the Minutes from the November 28,2000 Regular Meeting.
Councilman Hogue made a motion to approve the minutes from the November 28, 2000 Regular Meeting.
Councilman Worley seconded the motion. A vote was taken and the motion was approved,7-0.
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1. Consider and act upon an ordinance of the City of Wylie, allowing certain employees of the City who
have terminated previous memberships in the Texas Municipal Retirement System to reinstate (buy-
back)previously canceled Creditable Service as authorized under Section 853.003 of Subtitle G of Title
8,V.T.C.A.,Government Code as amended.
This item was tabled at the November 28, 2001 regular meeting. Councilman Scott made a motion to remove
from the Table.
Mr. Brady Snellgrove, Finance Director provided Council with a brief background of the intent of the Ordinance.
Mr. Snellgrove stated that there will be no financial impact to the FY2001 Budget and that the City's contribution
rate has already been set by TMRS and will not change again until January 1,2002.
Councilman Scott made a motion to approve the ordinance of the City of Wylie, allowing certain employees of the
City who have terminated previous memberships in the Texas Municipal Retirement System to reinstate (buy-
back) previously canceled Creditable Service as authorized under Section 853.003 of Subtitle G of Title 8,
V.T.C.A., Government Code as amended. Councilwoman Allen seconded the motion. A vote was taken and the
motion was approved,7-0.
Minutes of December 12,2000
Wylie City Council
Page 1
2. Consider and act upon an appointment of a representative for the City of Wylie to the Southeast Collin
County E.M.S.Coalition as well as a back-up representative.
Chief English addressed this item providing Council with a brief background on the Coalition and need for
representation from the City of Wylie. He stated that attendance would be required at three to four meetings per
month in order to formulate by laws,however,after the Coalition has been set up, meetings will be held quarterly.
He also added that the City Manager or Assistant City Manager would attend as support staff in addition to a
Council representative.
Councilman Scott made a motion to appoint Councilwoman Reta Allen to the Southeast Collin County E.M.S.
Coalition and City Manager, Biff Johnson, as a back up representative. Councilman Trout seconded the motion.
A vote was taken and the motion was approved,7-0.
3. Consider and act upon approval of a Summer Concert series,"Live in Olde City Park."
Mr.Biff Johnson,City Manager provided Council with a brief background on the Summer Concert series. Backup
materials included a tentative schedule of the concert series. Mr. Johnson stated that this series is free of charge
and could benefit the downtown merchants.
Councilman Hogue made a motion to approve the Summer Concert series,"Live in Olde City Park". Councilman
Young seconded the motion. A vote was taken and the motion passed 7-0.
4. Consider and act upon approval of the purchase of a rubber tired backhoe(excavator)to be utilized by
the City of Wylie's Public Works Department.
Mr. Biff Johnson addressed this item providing Council with a brief background on the request for purchase. Mr.
Johnson explained that this would be good investment and utilized for maintenance, as opposed to rental. It was
estimated that the rental fee for similar equipment could cost up to$6,000 per week.
„ .. Councilman Trout made a motion to approve the purchase of a rubber tired backhoe (excavator) to be utilized by
the City of Wylie's Public Works Department. Councilman Hogue seconded the motion. A vote was taken and
the motion passed,7-0.
5. Consider and act upon approval of a Final Plat for the Mobile Home Estates, Phase 1 Addition,
proposed by Doug Connally & Associates, Inc., and being all of a certain 25.963 acre tract generally
located west of County LineNinson Road and north of Trewitt Lane, situated in the Elisha M. Price
Survey,Abstract No. 1114,City of Wylie,Collin County,Texas.
Mr. Claude Thompson addressed this item providing a brief background of the request. Mr. Thompson stated
that the plat will create 106 mobile home residential spaces,private streets and common areas. All drainage was to
be maintained by the Homeowners Association. The Preliminary Plat was approved by the Council in December
of 1999. Mr. Thompson stated that staff has reviewed the proposed plat and found it to conform to the approved
Preliminary Plat and to be in technical compliance with all applicable state subdivision regulations. Mr.
Thompson stated that the applicant was unable to attend due to the inclement weather,and was then available for
questions from Council.
Councilman Scott made a motion to approve the Final Plat for the Mobile Home Estates, Phase 1 Addition,
proposed by Doug Connally& Associates, Inc., and being all of a certain 25.963 acre tract generally located west
of County LineNinson Road and north of Trewitt Lane,situated in the Elisha M.Price Survey, Abstract No. 1114,
City of Wylie, Collin County, Texas. Councilwoman Allen seconded the motion. A vote was taken and the
motion was approved,6-1. Mayor Mondy voting in opposition.
6. Consider and act upon approval of a Preliminary Plat for the Cimarron Estates Addition, proposed by
Tipton Engineering,Inc., and being all of a certain 112.429 acre tract generally located south of State
Highway 78 and east of Kreymer Lane,situated in the Francisco De La Pina Survey,Abstract No. 688,
City of Wylie,Collin County,Texas.
Minutes of December 12,2000
Wylie City Council
Page 2
Mr. Claude Thompson addressed this item providing a brief background of the request. Mr. Thompson stated that
staff has reviewed the proposed plat and found it to be in technical compliance with all applicable State
subdivision regulations. The plat also complies with all Subdivision Regulations and other pertinent development
ordinances of the City of Wylie. Mr. Thompson detailed other considerations such as the realignment of old S.H.
78 and the Brown Street connection with the new Anson Parkway/Irvine Drive/Johnson Crossing corridor, a 60
foot wide right-of-way to be constructed to collector street standards; access/egress to S.H.78 is limited to Anson
Parkway and the two streets provide access/egress to Brown Street on the south in addition to the
Anson/Irvine/Johnson collector; no street connection is provided to the west or east; all lots conform to the
minimum lot area of 8,500 square feet;and the park will be dedicated to the City and developed as a neighborhood
park.
Mr. Thompson stated that at the November 21, 2000 regular meeting of the Planning and Zoning Commission
meeting, the Commission voted 5-1 to favorably recommend this case, contingent upon the reconfiguration of
streets surrounding the park in order to achieve additional park land and no residential adjoining the park.
Mr. Bret Peddigo, Centex Homes was present to address any questions or concerns of Council. There was some
discussion regarding ownership of the right-of-way and the city's responsibility regarding maintenance. It was
determined that the right of way was annexed in 1986.
Council expressed concern regarding the Commission vote. Mr. Thompson stated that the concern was regarding
the configuration of the park. Councilman Worley expressed concerns regarding drainage. Mr. Thompson stated
that the city has inspected the plans and the engineer was present to discuss further.
Mr. Peddigo stated that the construction plans will show engineering issues to address any drainage concerns.
There was continued discussion with regard to the location of the park area and drainage issues. It was suggested
that to table the item to allow the applicant to work with staff to resolve specific concerns.
Councilman Worley made a motion to table Agenda Item No. 6 until the January 9, 2000 regular meeting to allow
staff to work with the applicant on the following issues: Drainage, Screening, Parks and Alleys. Councilman
Young seconded the motion. A vote was taken and the motion was approved,7-0.
7. Consider and act upon a Final Nat for Lakeside Phase HI Addition, proposed by Carter and Burgess,
Inc.,and being all of a certain 37.090 acre tract,located north of FM 544 and east of McCreary Road,
and situated in the Moses Sparks Survey,Abstract No.849,and the G.W. Gunnell Survey,Abstract No.
351,in the City of Wylie,Collin County,Texas and being all of a tract conveyed as Phase 3,Tract E by
deed to Pulte Homes of Texas, L.P. recorded in county Clerk's File No. 98-0048407 and all of a Tract
conveyed as Phase 3,Tract F by deed to Gehan Homes, LTD, recorded in County Clerk's File No. 98-
0048408,of the Real Property Records,Collin County,Texas.
Mr. Claude Thompson addressed this item providing Council with a brief background of the request. Mr.
Thompson stated that at the December 5,2000 meeting of the Planning and Zoning Commission,the Commission
voted 5-1 to favorably recommend the case.
Councilman Scott made a motion to approve the Final Plat for Lakeside Phase III Addition, proposed by Carter
and Burgess, Inc.,and being all of a certain 37.090 acre tract,located north of FM 544 and east of McCreary Road,
and situated in the Moses Sparks Survey, Abstract No. 849,and the G.W. Gunnell Survey,Abstract No. 351,in the
City of Wylie, Collin County,Texas and being all of a tract conveyed as Phase 3,Tract E by deed to Pulte Homes
of Texas,L.P. recorded in county Clerk's File No. 98-0048407 and all of a Tract conveyed as Phase 3, Tract F by
deed to Gehan Homes, LTD, recorded in County Clerk's File No. 98-0048408, of the Real Property Records,
Collin County,Texas. Councilman Hogue seconded the motion. A vote was taken and the motion was approved,
7-0.
Minutes of December 12,2000
Wylie City Council
Page 3
8. Hold a public hearing and consider and act upon an ordinance of the City of Wylie finding, after
reasonable notice and hearing,that TXU Gas Distribution's rates and charges within the City should be
changed;determining just and reasonable rates; adopting weather normalization adjustment; rejecting
plant investment clause; approving an adjustment factor for certain fees and taxes; providing for
recovery of rate case expenses; preserving regulatory rights of the City; ordering that the company file
tariffs reflecting approved changes in rates and charges;providing for repeal of conflicting ordinances.
Mr. Brady Snellgrove addressed this item providing Council with a brief background of the request. Mr.
Snellgrove clarified that the Steering Committee would hire legal and or consulting services to negotiate with
TXU. The Mayor then opened the Public Hearing asking that anyone wishing to speak either in favor or
opposition of the request to come forward stating their name and address for the record and limiting their
comments to five minutes. With no response,the Mayor then closed the Public Hearing.
Councilman Scott made a motion to approve the ordinance of the City of Wylie finding, after reasonable notice
and hearing, that TXU Gas Distribution's rates and charges within the City should be changed; determining just
and reasonable rates; adopting weather normalization adjustment; rejecting plant investment clause; approving an
adjustment factor for certain fees and taxes; providing for recovery of rate case expenses; preserving regulatory
rights of the City; ordering that the company file tariffs reflecting approved changes in rates and charges;
providing for repeal of conflicting ordinances. Councilwoman Allen seconded the motion. A vote was taken and
the motion was approved,6-1. Councilman Young voting in opposition.
9. Hold a public hearing to consider and act upon approval of a request from Carter and Burgess, Inc.,
for approval of a zone change from A (Agriculture) District to SF-8.5/17 (Single-Family Residential)
District, for a 71.234 acre tract located at the southwest corner of Brown Street and Kreymer Lane,
situated in the Francisco de la Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas.
(Zoning Case No.00-12)
Mr. Claude Thompson addressed this item stating that staff had received a request from the applicant to table this
item in order to allow them time to resolve some issues and concerns of the Commission. Mr. Thompson stated
that at the December 5, 2000 Planning and Zoning Commission meeting, the Commission recommended 4-1 to
deny the request because the project did not meet the goals of the Comprehensive Plan. . The Mayor then opened
the Public Hearing asking that anyone wishing to speak either in favor or opposition of the request to come
forward stating their name and address for the record and limiting their comments to five minutes. With no
response,the Mayor then closed the Public Hearing.
Councilman Scott made a motion to table Agenda Item No. 9 until the January 9, 2001 regular meeting of the
Wylie City Council. Councilman Young seconded the motion. A vote was taken and the motion was approved, 7-
0.
10. Consider and Act Upon an Ordinance annexing all of a certain 10.9 acre tract of land out of the
Francisco De La Pena Survey, Abstract 688, and being a re-survey of all of a 22.039 acre tract as
conveyed to Gary P. Williford and wife, described by deed dated September 14, 1961, recorded in
Volume 587,Page 253 of the Deed Records of Collin County; save and except a 11.055 acre tract of land
conveyed to David Walden by deed recorded in Volume 1845,Page 813 of the Deed Records of Collin
County; located on the west side of Kreymer Lane and including 1053 S.Kreymer Lane.
Mr. Claude Thompson provided Council with a brief background on the annexation process for the 10.9 acre tract
of land,that was also applicable to the Agenda Items 11 and 12.
Councilman Hogue made a motion to approve the Ordinance annexing all of a certain 10.9 acre tract of land out of
the Francisco De La Pena Survey, Abstract 688,and being a re-survey of all of a 22.039 acre tract as conveyed to
Gary P. Williford and wife,described by deed dated September 14, 1961,recorded in Volume 587,Page 253 of the
Deed Records of Collin County; save and except a 11.055 acre tract of land conveyed to David Walden by deed
recorded in Volume 1845,Page 813 of the Deed Records of Collin County;located on the west side of Kreymer
Minutes of December 12,2000
Wylie City Council
Page 4
Lane and including 1053 S. Kreymer Lane. Councilman Trout seconded the motion. A vote was taken and the
motion was approved, 7-0.
11. Consider and Act Upon an Ordinance annexing all of a certain 5.7 acre tract of land and being part of
the Francisco De La Pena Survey, Abstract 688; located on the west side of Kreymer Lane and
including 1033 S.Kreymer Lane.
Mr. Claude Thompson provided Council with a brief background of the annexation process for the 5.7 acre tract of
land.
Councilman Hogue made a motion to approve the Ordinance annexing all of a certain 5.7 acre tract of land and
being part of the Francisco De La Pena Survey, Abstract 688; located on the west side of Kreymer Lane and
including 1033 S. Kreymer Lane. Councilman Worley seconded the motion. A vote was taken and the motion
was approved, 7-0.
12. Consider and Act Upon an Ordinance annexing all of a certain 59.536 acre tract of land and being part
of the Francisco De La Pena Survey, Abstract 688; generally located on the east side of S. Kreymer
Lane and including 1036 S.Kreymer Lane.
Mr. Claude Thompson provided Council with a brief background of the annexation process for the 59.536 acre
tract of land.
Councilman Hogue made a motion to approve the Ordinance annexing all of a certain 59.536 acre tract of land and
being part of the Francisco De La Pena Survey, Abstract 688; generally located on the east side of S. Kreymer
Lane and including 1036 S. Kreymer Lane. Councilman Worley seconded the motion. A vote was taken and the
motion was approved, 7-0.
The City Secretary read into the record, ordinance titles and captions as approved by City Council and required by
the Wylie City Charter, Article III, Section 13-d.
With no further business to come before Council,the meeting was adjourned.
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Minutes of December 12,2000
Wylie City Council
Page 5