12-06-2005 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, December 6, 2005 — 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
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Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric
Hogue, Councilman Rick White, Councilman Carter Porter, Councilman Earl Newsom, and Councilman Merrill
Young. Councilwoman Reta Allen was absent.
Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer,
Chris Hoisted; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Public Information
Officer, Mark Witter, and City Secretary, Carole Ehrlich. Various support staff and CBAC members were also
present.
INVOCATION&PLEDGE OF ALLEGIANCE
Pastor Jodie Smith of the Wylie United Methodist Church gave the invocation and Roger Smith led the Pledge
of Allegiance.
PROCLAMATIONS AND PRESENTATIONS
• Presentation to the Citizens Bond Advisory Committee
Mayor Mondy and the City Council presented Certificates of Appreciation to the 2005 Wylie Citizens Bond
Advisory Committee.
CITIZENS PARTICIPATION
No one was present to address Council under Citizens Participation.
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 Special Called Joint Work Session and the Called City Council
Meeting of November 14, 2005 and the November 17, 2005 Regular Meeting of the City Council.
(C.Ehrlich, City Secretary)
B. Consider and act upon a Replat for Wylie Retail Center generally located at the northeast corner of
F.M.544 and McCreary Road. (M. Manson,Assistant City Manager)
-- C. Consider and act upon a Preliminary Plat for Birmingham Addition generally located north of
Brown Street and east of Country Club (FM 1378). (M.Manson,Assistant City Manager)
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Wylie City Council
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D. Consider and act upon a Preliminary Plat for the Shahi Group Addition generally located south of
S. H. 78 North and west of Spring Creek Parkway. (M.Manson,Assistant City Manager)
E. Consider and act upon a Preliminary Plat for the Braddock Place Addition Phase 1 generally
located west of South Stone Road (Old F.M. 544) and south of Elm Drive. (M. Manson, Assistant
City Manager)
F. Consider and act upon a Final Plat for Wylie Senior Care Addition generally located at the
southeast corner of State Hwy 78 and Kirby Street. (M.Manson,Assistant City Manager)
G. Consider and act upon Ordinance No. 2005-75 amending Ordinance No. 2005-64; adopting
amendments to the 2003 edition of the International Residential Code regarding fire sprinkler
systems in Townhouse; providing for a penalty for the violation of this ordinance; providing for
repealing, savings and severability clauses; providing for an effective date of this ordinance and
providing for the publication of the caption hereof. (S. Seddig, Fire Marshal)
H. Consider and act upon awarding a contract in the amount of$120,500.00 to M &M Steel Buildings
for the construction of a fire training facility. (N. Flores,Assistant Fire Chief)
I. Consider and act upon authorizing additional funds in the amount of $79,591.03 for the
completion of the Muddy Creek Interceptor System. (C. Holsted, City Engineer)
J. Consider and act upon Resolution No. 2005-35(R) amending Resolution No. 2005-08(R),
recommending the abandonment of right-of-way by TxDOT along SH 78 at the intersection with
Birmingham Avenue. (M.Manson,Assistant City Manager)
Council Action
Councilman Young asked that Item I be removed from the Consent Agenda and considered individually.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom, to approve Items A through
H and Item J of the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilwoman Allen
absent.
ITENIS,EORINDWIRVAL CO TSIpERATION AND ACTION
I. Consider and act upon authorizing additional funds in the amount of $79,591.03 for the
completion of the Muddy Creek Interceptor System. (C. Hoisted, City Engineer)
Council Discussion
Councilman Young voiced his concern with regard to the bidding of a project and adding additional funds after the fact.
He explained that when a job is bid all expenses should be part of that bid. City Engineer Holsted explained that the largest
portion of the request for additional funds was due to field changes to the alignment and quantity overruns. He explained
that some soil fill to certain property within the project had been added that was not anticipated and were over and above
what would be expected on a job of this type. He stated that quantity changes were the remainder of the additional funds
which were not bid and could not be anticipated in the original project. Councilman Young asked if someone in the City
signed off on these project additions, prior to the approval by Council. Mr. Holsted stated that initial project with
anticipated costs were approved before implementation but quantity changes were held to the end of the project and
approved at that time.Mayor Mondy stated that he wanted to make sure the City was aware of the quantity changes prior to
the work being done. Mr. Holsted explained that these small quantity changes were communicated to staff and presented
to Council close to the end of each project.
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Wylie City Council
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Council Action
A motion was made by Mayor Pro Tem Hogue, seconded by Councilman White to approve Item#I authorizing
additional funds in the amount of $79,591.03 for the completion of the Muddy Creek Interceptor System. A
vote was taken and passed 6-0 with Councilwoman Allen absent.
Public Hearing
1. Consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD)
District for mixed uses, including retail and residential of varied densities. ZC 2005-19 (M.
Manson,Assistant City Manager)
Staff Comments
Acting Planning and Zoning Director Manson addressed Council stating that the applicant requested to table this item until
the December 6, 2005 Planning and Zoning meeting to allow time to revisit larger lot sizes. However,because publication
and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the
Council at the current meeting.The Council should convene the hearing and allow any citizen comment,and then table the
item to the January 10 meeting.
Public Hearing
Mayor Mondy opened the Public Hearing at 6: 21 p.m.
There was no one present to address Council on Zoning Case 2005-19.
Council Action
A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to continue the Public Hearing
on Zoning Case #2005-19 and table the Zoning Case consideration to the January 10, 2006 Regular Council
Meeting. A vote was taken and passed 6-0 with Councilwoman Allen absent.
2. Consider and act upon the approval of Resolution 2005-36(R) establishing a new official City logo.
Staff Comments
Public Information Officer Witter addressed Council stating that in early 2005, the Public Information Officer(PIO)began
a project with Briley& Stables Creative to re-create the City logo and various departmental logos. This project, funded in
the FY 2004-05 Budget, was initiated due to the lack of original vector files for the City and departmental logos. For these
logos,there were also no defined colors and fonts.On a voluntary basis and at no additional cost,Briley&Stables Creative
presented the PIO with some variations of the City logo. The PIO presented these variations to the City's Communications
Committee for discussion and consideration. Consensus of the committee and staff is the new logo presented tonight.
Council Discussion
Mayor Mondy stated that ten years ago there was another logo. He explained that students designed the logo and it was
approved by Council. Mr. Witter stated that there was a contest with the school students and a vote by citizens was taken
to implement the logo. Mr. Witter explained that this was the only official logo implementation that could be found. He
explained that the logo presented tonight would more closely stipulate colors and designs used in the future. This process
would be implemented as quantities diminished,to keep the cost minimal.
Council Action
A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Porter to approve Resolution#2005-
36(R)approving a new official City logo. A vote was taken and passed 6-0 with Councilwoman Allen absent.
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Wylie City Council
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3. Consider and act upon Resolution No. 2005-37(R) of the City Council of the City Of Wylie, Collin
County, Texas, amending Resolution 95-01 and the By Laws of the Wylie Parks And Recreation
Facilities Development Corporation of the City Of Wylie, Texas adopted January 23, 1995. (C.
Ehrlich, City Secretary)
Staff Comments
City Secretary Ehrlich addressed Council stating that Resolution #95-01 established the Wylie Parks and Recreation
Facilities Development Corporation for the City of Wylie. Staff has reviewed the Resolution adopted in 1995 and found
some revisions necessary due to changes in the Open Meetings laws and subsequent posting requirements. Changes were
also made to Article V, regulating resignations and indemnification of Directors, Officers and Employees. Ms. Ehrlich
stated that she would be happy to answer any questions.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Resolution#2005-
37(R) amending Resolution#95-01 and the By Laws of the Wylie Parks and Recreation Facilities Development
Corporation of the City of Wylie, Texas adopted January 23, 1995. A vote was taken and passed 6-0 with
Councilwoman Allen absent.
4. Consider and act upon Ordinance No. 2005-76 adopting a Clean Fleet Vehicle Policy; providing for
the repeal of all ordinances in conflict; providing for a severability clause; and providing for an
effective date. (M. Roath, City Manager)
Staff Comments
City Manager Roath addressed Council stating that on October 13,2005,the Regional Transportation Council(RTC)of the
North Central Texas Council of Governments (NCTCOG) passed a Clean Fleet Vehicle Policy Resolution as well as a
Model Ordinance for local government entities to consider and adopt. The Model Ordinance is voluntary; however, RTC
funding incentives and procurement assistance is tied to its adoption by local governments. Mr. Roath explained that
Finance and Public Services have both reviewed this legislation.
Council Action
A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Porter to approve Ordinance No.
2005-76 adopting a Clean Fleet Vehicle Policy; providing for the repeal of all ordinances in conflict; providing
for a severability clause; and providing for an effective date. A vote was taken and passed 6-0 with
Councilwoman Allen absent
5. Consider and act upon Ordinance No. 2005-77 authorizing the City Manager of the City of Wylie,
Texas to execute documents, agreements, and contracts approved by the City Council of the City of
Wylie, Texas without requiring further authorization; providing for repealing, savings and
severability clauses; and providing for an effective date of this Ordinance. (M. Roath, City
Manager)
Staff Comments
City Manager Roath addressed Council stating that this Ordinance allows the City Manager to sign documents, agreements
or contracts in two particular situations: If the City Council, at a lawfully held regular or called meeting authorizes it, and
if the City Council authorized the expenditures through the Annual Operating Budget; but not to exceed $5,000. For
example, if the Council authorized a particular department to lease a copier; then, the City Manager would have the
authority to sign the lease without further action by the City Council but not to exceed the amount specified in the
Ordinance.
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Wylie City Council
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Council Action
A motion was made by Councilman Newsom, seconded by Councilman White to approve Ordinance No. 2005-
77 authorizing the City Manager of the City of Wylie,Texas to execute documents, agreements, and contract as
approved by the City Council of the City of Wylie,Texas without requiring further authorization; providing for
repealing, savings and severability clauses; and providing for an effective date of this Ordinance. A vote was
taken and passed 6-0 with Councilwoman Allen absent.
6. Consider and act upon Ordinance No. 2005-78 denying the Request of ATMOS Energy
Corporation, Mid-Tex Division, for an Annual Gas Reliability Infrastructure Program Rate
Increase; approving cooperation with other cities within the ATMOS Energy Corporation, Mid-
Tex Division distribution system; authorizing ATMOS Cities Steering Committee to hire legal and
consulting services and to negotiate with the Company and direct any necessary litigation;
authorizing intervention as part of ACSC in any appeal of the City's action to the Railroad
Commission; providing a requirement for a prompt reimbursement of costs incurred by the City;
finding that the meeting at which this ordinance is passed is open to the public as required by law;
and providing for notice of this ordinance to ATMOS Energy Corporation,Mid-Tex Division. (M.
Roath, City Manager)
Staff Comments
City Manager Roath addressed Council stating that a few meetings ago Council approved two items in regards to this rate
increase request. This legislation will be the final denial of the request rate increase. The law requires that a Gas
Reliability Infrastructure Program (GRIP) surcharge request cannot become effective until sixty (60) days following a
filing. The Company can set the"effective date" for any date after the 60th day. The effective date may be suspended by a
city for 45 days which he explained was approved at a previous meeting. This ordinance denies the surcharge request on
the grounds that it does not comply with the law and is not reasonable.
Council Action
A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to approve Ordinance No.
2005-78 denying the Request of ATMOS Energy Corporation,Mid-Tex Division, for an Annual Gas Reliability
Infrastructure Program Rate Increase; approving cooperation with other cities within the ATMOS Energy
Corporation, Mid-Tex Division distribution system; authorizing ATMOS Cities Steering Committee to hire
legal and consulting services and to negotiate with the Company and direct any necessary litigation; authorizing
intervention as part of ACSC in any appeal of the City's action to the Railroad Commission; providing a
requirement for a prompt reimbursement of costs incurred by the City; finding that the meeting at which this
ordinance is passed is open to the public as required by law; and providing for notice of this ordinance to
ATMOS Energy Corporation, Mid-Tex Division. A vote was taken and passed 6-0 with Councilwoman Allen
absent.
7. Consider and act upon Ordinance No. 2005-79 amending the FY 2005-06 budget in the amount of
$200,000 for the purchase of real property located at Kellers First Addition,Block 4, Lot 10, Collin
County, 105 South Jackson Avenue, Wylie, Texas and for the completion of improvements to Olde
City Park. (M.Sferra,Public Services Director)
Staff Comments
Public Services Director Sferra addressed Council stating that on November 17, 2005, Council authorized the Mayor to
execute a real estate sales contract which allowed the City 30 days to complete a Phase 1 environmental assessment of the
subject property. The assessment has been conducted by Alpha Testing, Inc., and no contaminants were found. As stated
in the November 17,2005 communication to Council,staff negotiated with the seller and arrived at a total purchase price
Minutes—December 6,2005
Wylie City Council
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of$60,582.58 ($60,000 purchase plus '/2 of closing costs in the amount of$582.58). The seller is responsible for the
payment of property taxes in the amount of$700.54). Upon approval of the requested budget amendment,a closing will be
scheduled to occur before December 31, 2005. Upon completion of the sale and submittal of required documentation, the
County will reimburse the City in the amount of$21,000.00 as part of the parks and open space grant project.
Council Action
A motion was made by Councilman Young, seconded by Councilman White to approve Ordinance No. 2005-79
amending the FY 2005-06 budget in the amount of$200,000 for the purchase of real property located at Kellers
First Addition, Block 4, Lot 10, Collin County, 105 South Jackson Avenue, Wylie, Texas and for the
completion of improvements to Olde City Park. A vote was taken and passed 6-0 with Councilwoman Allen
absent
8. Consider and act upon authorizing the Mayor to execute a real estate sales contract for the
purchase of right-of-way for Kirby Street generally located at the northeast corner of SH 78 and
Kirby Street. (C. Hoisted, City Engineer)
Staff Comments
City Engineer Hoisted addressed Council stating that staff discussed the purchase of additional right-of-way for Kirby
Street with Council on the September 27, 2005 Council meeting. The purchase includes 2,283 square feet of right-of-
way for the completion of the turn lane on Kirby Street. Construction of the additional pavement will be included in the
SH 78 expansion project which will be bid by TxDOT in approximately 18 months. The total purchase price for the
property is $57,075.00 and closing will take place as soon as possible.
Council Action
•
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve authorizing the
Mayor to execute a real estate sales contract for the purchase of right-of-way for Kirby Street generally located
at the northeast corner of SH78 and Kirby Street. A vote was taken and passed 6-0 with Councilwoman Allen
absent
9. Consider and act upon purchase of right-of-way for Kirby Street, in the amount of$15,000.00,from
Khalid and Hanif Corporation.
Staff Comments
City Engineer Hoisted addressed Council stating that the Kirby Street paving project was constructed in 2001, and right
of way acquisition for the project started in 1999. Based on existing plats for the subdivisions along the project, the
right of way at the corner of Kirby Street and SH 78 was assumed to be 60 feet in width and therefore no further
acquisition was pursued. The property at the north east corner was never platted and has recently been sold, however,
the previous owner kept approximately 2,760 square feet of property which is located under the Kirby Street paving.
The deed for the property makes reference to an implied right of way for Kirby Street of approximately 2,224 square
feet; therefore, the remaining 536 square feet must be purchased. The City Attorney and staff have negotiated with the
property owner and they have agreed to a purchase price of$15,000.
Council Action
A motion was made by Councilman Newsom, seconded by Councilman Young to approve the purchase of
right-of-way for Kirby Street in the amount of$15,000.00, from Khalid and Hanif Corporation. A vote was
taken and passed 6-0 with Councilwoman Allen absent
Minutes—December 6,2005
Wylie City Council
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REAIITG OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED.BY
�4 WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D.
City Secretary Carole Ehrlich read the caption to Ordinances No. 2005-75, No. 2005-76, No. 2005-77, No.
2005-78, and No. 2005-79 into the official record.
ADJOURNMENT
With no further business before Council, consensus of Council was to adjourn at 6:45 p.m.
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Minutes—December 6,2005
Wylie City Council
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