03-22-2005 (City Council) Minutes MINUTES
WYLIE CITY COUNCIL
March 22, 2005
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
CALL TO ORDER
Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were:
Mayor Pro Tern Eric Hogue, Councilman Chris Trout, Councilman Earl Newsom, Councilman
Merrill Young,Councilman J. C. Worley, and Councilwoman Reta Allen.
Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City
Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Police Chief, Jeff
Butters; Fire Chief, Shan English; Parks Superintendent, Bill Nelson; Asst. Parks Superintendent,
Robert Diaz;Public Information Officer,Mark Witter,and City Secretary, Carole Ehrlich.
INVOCATION&PLEDGE OF ALLEGIANCE
• Pledge of Allegiance will be led by Boy Scout Troop#442
Deacon Warner Washington of Saint Anthony Catholic Church gave the invocation and Boy Scout
Troop#442 led the Pledge of Allegiance.
PROCLAMATIONS AND PRESENTATIONS
• Student Government Day—March 23,2005
Mayor ProTem Hogue read a proclamation designating March 23, 2005, Student Government Day
in the City of Wylie.Mayor Mondy assisted in the presentation.
CITIZENS PARTICIPATION
Estella Sapien residing at 1501 Evelyne Ct.,Wylie,TX;
Joy Johnson residing at 1422 Eastedge Dr., Wylie TX.;
Betty Gable residing at 1722 Eastridge,Wylie,TX;
Eric Beckerwerth residing at 3404 Ahelia,Wylie,Tx;
The above citizens addressed Council in opposition of the proposed apartment complex funded in
part by TDHC tax credits to be located at McCreary Road and McMillen Road. Some of the issues
raised were: traffic congestion, streets and infrastructure, crime, and public transportation. They
requested Council to be present at the TDHC meeting April 12, 2005.
Minutes—March 22,2005
Wylie City Council
Special Called Meeting
Page 1
Sharon Dowdy residing at 325 Callic Ct.,Wylie TX. addressed Council with concerns pertaining to
the traffic buildup and light problems on State Hwy. 78 near Springcreek (Wal-Mart). She asked
that Council study the water runoff/drainage to outlying residents and the traffic problems when
considering a bond election.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be
enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that
item will be removed from the Consent Agenda and will be considered separately.
A. Approval of the Minutes from the regular City Council Meeting of March 3, 2005 and
March 8,2005. (C. Ehrlich, City Secretary)
B. Consider and act upon a Water CNN Transfer Agreement between Wylie Northeast
Water Supply Corporation and City of Wylie,Texas. (M.Roath, City Manager)
C. Consider and act upon an Interlocal Agreement to place antennas on water towers by and
between the City of Wylie, Texas and East Fork Special Utility District. (M. Roath, City
Manager/S.Seddig,Fire Marshal)
D. Consider and act upon approval of a Consent to Sublease Agreement between Bozeman
Farm Development, East Fork Special Utility District and the City of Wylie, Texas. (M.
Roath, City Manager/S. Seddig, Fire Marshal)
E. Consider and act upon approval of an agreement between Collin County Community
College District and the City of Wylie to hold a one day training session for City
employees on April 8,2005. (C. Ehrlich, City Secretary)
F. Consider and act upon approval of an agreement between the City of Wylie and the
Dallas Morning News for a 12 month period for the purpose of advertising. (C.
Ehrlich, City Secretary)
G. Consider and act upon awarding of bid to A New Deal Irrigation for the installation of
irrigation systems in Sage Creek North Park and Cimarron Estates Park in the amount of
$51,200.00. (J. Holcomb,Purchasing/R. Diaz,Asst.Superintendent,Parks)
H. Consideration and act upon approval of a request from Jason Ridings to use the Bart
Peddicord Community Center for a `Battle of the Bands" concert on April 1, 2005. (R.
Diaz,Asst. Superintendent,Parks)
Council Action
A motion was made by Mayor ProTem Hogue, seconded by Councilman Worley to approve the
Consent Agenda as presented. A vote was taken and passed 7-0.
Minutes—March 22,2005
Wylie City Council
Special Called Meeting
Page 2
INDIVIDUAL CONSIDERATION
PUBLIC HEARING
1. Hold a Public Hearing and consider and act upon a change of zoning from Agriculture
(A) to Planned Development (PD) for Single Family Residential (SF). (Zoning Case No.
2005-04-Rice Tract/Skorburg). (C. Thompson,Planning and Zoning Director)
Staff Comments
Planning and Zoning Director Thompson addressed Council stating that the property totals 185.1449 acres,
west of FM 544/South Stone Road and north of Vinson Road. The property was annexed into Wylie on
September 28,2005. Notification/Responses—No responses from five(5)notifications mailed.He explained
that the Comprehensive Plan recommends the following:
Comprehensive Plan—
• Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential(1
ac lots). Requested residential density does not comply with the Comprehensive Plan.
• Eliminates 0.4 ac NS (zoned such since 1985), complying with proposed revisions to Comp
Plan.
Mr. Thompson reported that the Planning and Zoning Commission voted 6-1 to recommend approval of the
requested rezoning, with the stipulation that the minimum house size be increased to 2,400 square feet.
Approval requires a simple majority.
Developer Comments
Ryan Betz representing Skorberg Company addressed Council stating that the changes made since the last
presentation were: 50% tree preservation including any trees 6 inches or more, 460 lots remain, 60% of all
lots being a minimum size of 10,000 sq.ft.,including the perimeter lots and homes to be a minimum of 2,400
sq. ft. throughout the development; 10% of the lots will be 12,000 sq. ft or larger; remaining lots will be a
minimum of 7,500 sq. ft.; 28 acres of parkland;revised alignment to the north regarding Oak Street;bring a
north south street connecting roads to the school, and provide a 15 acre park on the south side of the
development. Mr. Betz reported that WISD voted March 21, 2005 to place an elementary school on the
proposed site.
Council Discussion
Councilman Worley asked about the elimination of sidewalks. Mr. Betz stated that at this time there were
sidewalks and curb and gutter with no open ditch. Councilman Trout asked if there were allies in the
development. Mr. Betz stated that there were not but no garages opened to the front of the property. He
stated if there were three garages,one would face the street.
PUBLIC HEARING
Mayor Mondy opened the Public Hearing at 6:40 p.m.
Sharon Dowdy residing at 325 Callic Ct., Wylie, TX addressed council stating that she was against
the proposed Rice Tract Development (Zoning Case 2005-04) because she stated the Wylie
Comprehensive Plan called for one acre lots in the proposed area.
With no further comments,Mayor Mondy closed the Public Hearing at 6:42 p.m.
Minutes—March 22,2005
Wylie City Council
Special Called Meeting
Page 3
Council Action
A motion was made by Councilman Trout, seconded by Councilman Newsom to deny the zoning
change from Agriculture (A) to Planned Development (PD) for Single Family Residential (SF)
(Zoning Case No.2005-04). A vote was taken and passed 7-0.
PUBLIC HEARING
2. Hold a Public Hearing and consider and act upon an Ordinance adopting Standards of
Care for Youth Programs. (K Diaz,Assi. Superintendent,Parks)
Staff Comments
Asst. Parks Supervisor Diaz addressed Council stating that since the inception of the summer youth programs
in 2000,the Standards of Care have been reviewed yearly and adopted as an ordinance. The ordinance and
Standards of Care provides the necessary guidelines for the regulation of the summer youth program, the
Wylie Wave,as legislated by the Texas Senate Bill 212,Section 42.041 (b)(14).
PUBLIC HEARING
Mayor Mondy opened the Public Hearing at 6:43 p.m.
No one was present to address Council on this item.
Mayor Mondy closed the Public Hearing at 6:44 p.m.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Trout to approve
Ordinance#2005-10 approving the adoption of Standards of Care for Youth Programs. A vote was
taken and passed 7-0.
3. Consider and act upon an Ordinance repealing Ordinance Nos. 77-5 and 95-8; regulating
and defining itinerant merchants, itinerant vendors, solicitors, handbill distributors and
persons selling or taking orders for goods, wares, merchandise, services, photographs,
newspapers, magazines or subscriptions to newspapers or magazines; providing for a
permit or certificate of registration and applicable fees. (J. Butters, Chief of Police)
Staff Comments
Police Chief Butters addressed Council stating that the proposed Handbill/Solicitation Ordinance addresses
several issues that the current "Peddlers and Solicitors" and "Handbills" Ordinances do not adequately
address. These Ordinances were also combined because of the relationship between the two. He explained
that some of the new requirements this ordinance would put in place would improve controls regarding
itinerant merchants and vendors. He also stated that this would eliminate persons standing in the public right
of ways,soliciting funds.
Minutes—March 22,2005
Wylie City Council
Special Called Meeting
Page 4
Council Discussion
Mayor Monday asked what the residents should be asking for when solicitors come to the door.Chief Butters
explained that in the new ordinance, anyone coming to a citizen's home must have an original permit to
display. He stated that the police department would be providing the background checks and the permits.He
explained that non-profit organizations and charitable organizations would be exempt. Political handbills
would also be exempt from this ordinance.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve
Ordinance #2005-11 repealing Ordinance Nos. 77-5 and 95-8; regulating and defining itinerant
merchants, itinerant vendors, solicitors,handbill distributors and persons selling or taking orders for
goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to
newspapers or magazines; providing for a permit or certificate of registration and applicable fees.
A vote was taken and passed 7-0.
4. Consider and act upon an Ordinance establishing a Citizens Bond Advisory Committee;
providing for the scope and authority of the Committee; providing for the
appointment of its members; and providing for an effective date. (M. Roath, City
Manager)
Staff Comments
City Manager Roath addressed Council stating that the City Council has directed staff to prepare and submit
an ordinance establishing a Citizens Bond Advisory Committee(CBAC)and outlining the responsibilities of
the Committee. The CBAC will develop a Bond Program and submit it along with its recommendations to
the City Council by no later than June 21, 2005. Mr. Roath reported a list of Wylie Board Chair/designees
who will serve on the CBAC. He then asked for the nominations from the Council to add to the Board list.
They were as follows:
Name Board/Desienee
Mike Phillips Construction Code
Grace Morrison Library Board
Daniel Chestnut Parks&Rec.Board
Denis Larson Planning&Zoning
Marvin Fuller WEDC
Linda Jordan ZBOA
Chuck Kerin Animal Advisory
Chris Seely Mayor Mondy
James Whitlow Mayor Mondy
Doris Craighead Mayor ProTem Hogue,Place 3
Geri Smith Councilman Worley,Place 5
Jim Griffin Councilman Trout,Place 6
Janet Johnson Councilman Young,Place 4
Jim Cummings Councilwoman Allen,Place 2
Jamie Greg Councilman Newsom,Place 1
City Manager Roath explained that these names would be brought back to Council, at the next Council
meeting for ratification.
Minutes—March 22,2005
Wylie City Council
Special Called Meeting
Page 5
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to adopt
Ordinance #2005-12 establishing a Citizens Bond Advisory Committee; providing for the scope
and authority of the Committee;providing for the appointment of its members; and providing for an
effective date. A vote was taken and passed 7-0.
5. Consider and act upon an agreement between the City of Wylie and Abernathy, Roeder,
Boyd and Joplin,P.C. ,for legal services. (M. Rooth, City Manager)
Staff Comments
City Manager Roath addressed Council stating that at a meeting on September 27, 1994, the Firm made its
presentation to the Wylie City Council,and subsequently the City Council voted to retain the Firm to serve as
its City Attorney. The City approved a Retainer Agreement with the Firm on October 25, 1994.
Mr.Roath reported that with the increasing use of legal services,the City initiated negotiations to develop an
Agreement for Legal Services with the Finn, which addresses the position, term, services to be performed,
compensation, billing, termination, independent contractor status, and City property. He explained that the
agreement, once in place, would be more cost effective and more specifically describe the duties and
expectations of the City and the firm.
Council Discussion
Councilman Young asked if the City would loose any services as a result of the agreement. Mr.Roath replied
that the City would not loose any services in fact they would be enhanced. Councilman Newsom asked how
much the City spent on legal fees with the Firm last year. Mr. Roath stated that the City was spending on an
average of$10,500.,per month which included all litigation. The agreement calls for$8,500 per month and
is actually a reduction. Mayor Mondy asked if the Council could table this item for a couple of meetings so
staff and council could discuss the measurements of performance for the items listed in the agreement. He
also requested the exact legal costs previously spent. City Manager Roath stated he could provide this
information within three weeks prior to the next Council meeting. He asked that any Council member
wishing additional information to please call his office and he would provide that information to all Council
members prior to the next Council meeting.
Council Action
A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to table Item #5
until the April 12,2005 Council meeting to obtain more information pertaining to the agreement. A
vote was taken and passed 7-0.
6. Consider and act upon award of a contract for the construction of Alanis Drive from SH
78 to Ballard Avenue to Site Concrete in the amount of$3,863,384.66. (C. Hoisted, City
Engineer)
Staff Comments
City Engineer Holsted addressed Council stating that the City of Wylie 1999 Bond program included
$3,700,000.00 for the reconstruction of Alanis Drive from SH 78 to South Ballard Avenue in accordance with
the City's Thoroughfare Plan. Right of way for the project has been acquired or right of entry has been
Minutes—March 22,2005
Wylie City Council
Special Called Meeting
Page 6
obtained for all parcels. The construction includes expansion of the roadway to 3-lanes of concrete, a bridge
over Muddy Creek, a 12-inch water line, and a signal at the new intersection of Alanis and SH 78. To date
approximately $817,000 has been spent on the project for design and right-of-way acquisition. Funding for
the project will be from the 1999 bond funds and water impact fee funds will be used for the installation of
the 12-inch water line.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Young to award a contract for
the construction of Alanis Drive from SH 78 to Ballard Avenue to Site Concrete in the amount of
$3,863,384.66. A vote was taken and passed 7-0.
7. Consider and act upon the naming of Cimarron Park to Eureka Park and Sage Creek
North Park to Riverway Park. (R.Diaz,Asst. Superintendent,Parks)
Staff Comments
Assistant Parks Supervisor Robert Diaz addressed Council stating that staff has been working with the Parks
and Recreation Board since the end of 2004 on a list of potential names for Cimarron Park and Sage Creek
North Park. From directives given by the Parks and Recreation Board, staff pursued working with the staff
from the elementary schools in the vicinity of the parks to get input from the children on the name they would
like for the parks. Prior to the February 28, 2005 Parks and Recreation Board meeting, the students of Akin
Elementary(Mighty Diggers Club)submitted Eureka Park and the students from Groves Elementary(2", 3 ,
4th grades)submitted Riverway Park.
Council Action
A motion was made by Councilman Trout seconded by Councilman Worley to approve the naming
of Cimarron Park to Eureka Park and Sage Creek North Park to Riverway Park. A vote was taken
and passed 7-0.
8. Consider and act upon appointment of a new member of the Planning and Zoning
Commission to replace Chris Seely for the unexpired term of July 2004 to July 2006. (C.
Thompson,Planning and Zoning Director)
Staff Comments
Planning and Zoning Director Thompson addressed Council stating that Chris Seely was reappointed to the
Planning and Zoning Commission for a two(2)year term expiring July 2006. Mr. Seely,who has served on
the Commission since 2003,has recently accepted a position with an engineering firm. In order to avoid any
potential conflict of interest,Mr. Seely has expressed his desire to resign immediately from the Commission.
Council Action
A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Trout to appoint Scott
Ames, currently serving on the Library Board, to replace Chris Seely on the Planning and Zoning
Commission for the unexpired term of July 2004 until July 2006. A vote was taken and passed 7-0.
Minutes—March 22,2005
Wylie City Council
Special Called Meeting
Page 7
READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED
BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D.
City Secretary Carole Ehrlich read the captions to Ordinance #2005-10, #2005-11, and #2005-12 into
the official record.
Mayor Mondy recessed into Executive Session at 7:29 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001,et.seq.,Texas Government
Code,to wit:
Section 551.071-Consultation with Attorney regarding a matter in which the duty of the City
Attorney of the Texas Disciplinary Rules of Civil Conduct conflicts with the Open Meetings
Act.
• Nielson V City of Wylie
Section 551.072 To deliberate the purchase,exchange,lease or value of real property
generally located at or in the vicinity of:
• Alanis Drive
Section 551.072 To deliberate the purchase,exchange,lease or value of real property
generally located at or in the vicinity of:
• Ballard Avenue
Section 551.072 To deliberate the purchase,exchange,lease or value of real property
generally located at or in the vicinity of:
• Brown and W.A.Allen
Mayor Mondy reconvened into open session at 8:22 p.m.
RECONVENE INTO OPEN SESSION
Take any action as a result of Executive Session
The following actions were taken as a result of Executive Session:
Section 551.071-Consultation with Attorney regarding a matter in which the duty of the City
Attorney of the Texas Disciplinary Rules of Civil Conduct conflicts with the Open Meetings
Act.
• Nielson V City of Wylie
Minutes—March 22,2005
Wylie City Council
Special Called Meeting
Page 8
Council Action
A motion was made by Mayor Pro Tern Hogue seconded by Councilman Young to approve the
settlement agreement in the case styled Nielson V City of Wylie filed in the 162nd District Court in
Dallas County, Texas Cause No. 03-11305 and to approve the City's contribution of $15,000.
toward the settlement and authorizing the Mayor to sign the settlement agreement as the City of
Wylie representative.A vote was taken and passed 7-0.
Section 551.072 To deliberate the purchase, exchange, lease or value of real property
generally located at or in the vicinity of:
• Alanis Drive
Council Action
A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to accept the 5.32
acre tract of land located on Alanis, east of Glen Knoll Mobile Home Park as a credit toward the
required parkland dedication for the 22 acre tract of land at an equivalent value of up to $5,000.00
per acre. A vote was taken and passed 7-0.
Section 551.072 To deliberate the purchase, exchange, lease or value of real property
generally located at or in the vicinity of:
• Ballard Avenue
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to authorize the
City Manager to purchase property at 1102 South Ballard in an amount not to exceed$144,800. A
vote was taken and passed 7-0.
Section 551.072 To deliberate the purchase, exchange, lease or value of real property
generally located at or in the vicinity of:
• Brown and W.A.Allen
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to authorize the
City Manager to negotiate the purchase of property at Brown Street and W. A. Allen not to exceed
$170,000. A vote was taken and passed 7-0.
Minutes—March 22,2005
Wylie City Council
Special Called Meeting
Page 9
ADJOURNMENT
With no further business before Council,the meeting was adjourned at 8:25 p.m.
Joh Mondy Ma r
ATTEST: = SEA T
.
7/7
Carole Ehrlic ,City Secretary
Minutes—March 22,2005
Wylie City Council
Special Called Meeting
Page 10