07-13-2004 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, July 13, 2004—6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 State Highway 78 North
CALL TO ORDER
Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern
Eric Hogue, Councilwoman Reta Allen, Councilman Chris Trout, Councilman Earl Newsom, Councilman
Merrill Young,and Councilman J. C.Worley.
Staffs present were: Acting City Manager, Mindy Manson; City Engineer, Chris Hoisted; Interim Finance
Director,Ron Hutchison;Planning&Zoning Director,Claude Thompson;Public Information Officer,Mark
Witter,and City Secretary,Carole Ehrlich.
INVOCATION&PLEDGE OF ALLEGIANCE
Reverend Paul Castell from the Southfork Baptist Church gave the invocation and Councilman Worley led
the Pledge of Allegiance.
CITIZENS PARTICIPATION
There was no one present to address council.
OATH OF OFFICE
• Administer Oath of Office to newly appointed and reappointed Board and
Commission members.
City Secretary Carole Ehrlich administered the Oath of Office to newly appointed 2004-2005 Board and
Commission Members.
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 Meetings of June 17,2004 and June 18, 2004
and the Regular Meeting of June 22,2004.
Council Action
A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve the Consent
Agenda as presented. A vote was taken and passed 7-0.
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Wylie City Council
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INDIVIDUAL CONSIDERATION
Public Hearing
1. Hold a Public Hearing and act upon a change in zoning from Agriculture (A) to Neighborhood
Services (NS) on Tract 1 and from Agriculture (A) to Single-Family Residential (SF-1A/26) on
Tract 2. Subject property being all of a certain 14.7697 acre tract of land generally located east
of Troy Road and north of County Line Road, being a part of a tract deeded to Ishmael Leon
Whitsell and wife as recorded in Volume 44,Page 204 of the Deed Records of Rockwall County,
Texas and being a part of a tract conveyed to Lola M.Kinser as recorded in Volume 40,Page 591
of the Records of Rockwall County, Texas, and being situated in the L.B. Outlaw Survey,
Abstract No. 173,City of Wylie,Rockwall County,Texas(Zoning Case 2004-11) WITHDRAWN
Public Hearing
Mayor Mondy opened the public hearing at 6:05 p.m.
There was no one present to address council
Mayor Mondy closed the public hearing at 6:06 p.m.
There was no action taken, due to the withdrawal by the applicant of Zoning Case #2004-11. Written
request by the applicant to withdraw is on file.
Tabled Item from 6-22-04
Mayor Mondy asked that this item be removed from the table. Consensus of the council was to remove
Item#2 from the table.
2. Consider and act upon a Final Plat for the Creekside Estates Phase 3 Addition. Subject property
being all of a certain 38.173 acre tract of land generally located east of McCreary Road and
Creekside Estates Phase 2 Addition and north of McMillen Road and Creekside Estates Phase 2
Addition, being a part of that tract of land described in a deed to Campbell/Wylie Partners
recorded in Volume 4137, Page 1120, Deed Records of Collin County, Texas and being situated
in the John H. Mitchell Survey, Abstract No. 589 and the L.M. Marshall Survey, Abstract No.
594,City of Wylie,Collin County,Texas. Tabled from June 22,2004 Council meeting.
Staff Comments
Planning and Zoning Director Claude Thompson addressed council. He explained that with the approval of the
applicant, Gary DeFrain, the Final Plat for Creekside Estates Phase 3 was tabled at the June 22, 2004 City Council
meeting in order to allow discussion concerning the provision of emergency sirens required by the Fire Department.
Responsibility for the siren has not yet been determined. He stated that staff concluded that the Nat complies with all
other requirements of the code,and recommends that it be removed from the table and approved. By State law a plat is
considered approved by the municipal authority unless it is disapproved within 30 days of the date of submittal.
Applicant Comments
Applicant Mr. Gary DeFrain addressed council stating that he was willing to pay for a portion of the siren site to
include the giving of the land for the construction of the site, but felt that because there was no policy in place this
request was premature. Mayor Mondy asked why he felt he should not be required to pay for the siren. Mr. DeFrain
explained that the fire department had a map that designates where each siren is located. This includes those that are in
existence and those that would be proposed. The nearest one to the Creekside Estates is located near the elementary
school at Sage Creek which is south of this plat. He stated that he felt it was unfair to ask the applicant to cover a
5,000 foot radius (18,000 acres) when this entire proposed plat was less than 327 acres or 18% of the total acres
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Wylie City Council
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covered. By moving the existing siren to the proposed site within the plated area, it will leave a gap to the south and
overlap by 50%to the one already in existence to the northeast.Again he explained that there was no policy in place to
require an applicant to construct a site at their cost. He stated that if a policy was implemented he had no objection to
contributing an equitable portion for the cost to cover his platted area.
Council Discussion
Mayor Mondy asked if that policy was implemented would he be opposed to paying his fair share. Mr.DeFrain stated
that he did not mind paying a pro rata portion once he has reviewed the proposed policy.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Trout to approve the Final Plat for
the Creekside Estates Phase 3 Addition.A vote was taken and passed 7-0.
3. Consider and act upon authorizing the City Manager to execute and award additional services to
Bucher, Willis & Ratliff,Corp., in the amount of$24,950 for engineering services related to the
design of paving and utility improvements along SH 78 from Eubanks to Spring Creek Pkwy and
traffic signalization at Spring Creek Pkwy.
Staff Comments
City Engineer Chris Hoisted addressed council stating that construction plans have been completed by Bucher, Willis
&Ratliff,Corp. (BWR)for the extension of SH 78 from Eubanks to Spring Creek Parkway. TxDOT has approved the
plans and the City has executed the Local Project Advance Funding Agreement and submitted payment to TxDOT for
the construction of the roadway. The plan review process with TxDOT includes a 65% and 90% submittal to
incorporate any design changes and to address any comments they might have. Typically after the 90%plan review,
no changes are made to the plans and they are finalized for bidding,however, TxDOT had two major revisions to the
storm sewer system after the final review. Also, due to the lead time for the permanent signal poles and to meet the
opening date for Wal-Mart, temporary signals were added to the construction plans which were not in the original
scope of services. BWR is requesting compensation for the additional labor expenses that were necessary to complete
the requested changes by TxDOT.
Council Discussion
Councilman Trout asked why temporary signalization was required. Mr. Hoisted stated that the original plans called
for permanent signalization but due to the timing of the Wal-Mart opening and the lead time for those materials, this
plan could not be met. Councilman Trout then asked if those parts used for the temporary signals could be reused. Mr.
Hoisted stated that possibly because most temporary parts are taken by TxDOT and used at other locations but some
would be used in the permanent signals. Mayor Mondy then asked what the alternative would be. Mr. Hoisted stated
the original plan to go forward with permanent signals only would proceed and the Wal-Mart opening would be
postponed by 1 year.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Trout to authorize the City Manager
to execute and award additional services to Bucher, Willis & Ratliff Corp., in the amount of$24,950. for
engineering services related to the design of paving and utility improvements along SH 78 from Eubanks to
Spring Creek Pkwy. and traffic signalization at Spring Creek Pkwy.A vote was taken and passed 7-0.
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Wylie City Council
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4. Consider and act upon a request from Blackland Prairie Playground Foundation to extend the
fundraising and build time for the proposed playground at Founders' Park,set by City Council,
from October of 2004 to the spring of 2005.
Staff Comments
City Secretary Carole Ehrlich addressed council stating that the Blackland Prairie Foundation is a local organization
committed to the construction of a community built playground at Founders Park. Last fall,the City Council approved
making one acre of land at Founders Park available to the Foundation as a site for their project. Council gave the
Foundation one year to raise the necessary funds. To date, the Foundation has received approximately $31,000 in
donations and pledges. The Foundation estimates the cost of the project to be approximately$175,000.The Blackland
Prairie Foundation Coordinator for the Wylie Playground,Anne Hiney,is requesting an extension for fundraising from
October,2004 to the spring of 2005. Ms. Hiney has attached her request in writing and requested to be placed on the
July 13,2004 Council Agenda.
Foundation Comments
Ms. Anne Hiney representing the Blackland Prairie Foundation Local Wylie Playground Project addressed council
stating that she was requesting an extension for fund raising for the project from October of 2004 to the spring of 2005
in order to have more time to apply for grants and other fund raising projects to procure the $175,000 needed to build
the playground at Founder's Park.
Council Discussion
Councilwoman Allen asked Ms.Hiney if it was feasible for the foundation to raise the additional funds in the extended
time. Ms. Hiney replied that originally the foundation had made the decision not to obtain a 501-C3 Non Profit status
for the project but after some discussion decided to do so as the foundation felt it would be easier to obtain fund raising
and grants from local and state agencies if they had this status and not be under the City umbrella. She stated that they
would do everything they could to raise the funds as quickly as possible and start the project. Mayor Mondy asked
what would happen if the funds were not raised, what would happen to the funds donated to date. Ms. Hiney stated
that the funds could go back to those that donated but she felt that a playground would be constructed even if it had to
be scaled down. Mayor Pro Tem Hogue asked if some fund raising projects were planned. Ms.Hiney stated that she
did have some projects to raise funds in the works.Mayor Pro Tern Hogue then asked if it would help the foundation,if
the extension was for a year ending in October of 2005. Ms Hiney stated that would help and if the funds were raised
prior to the end of October 2005,the construction would start immediately after funds were procured.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Trout to authorize an extension to
the Blackland Prairie Foundation for the Community Built Playground to be constructed at Founder's Park
from October of 2004 to October of 2005.A vote was taken and passed 7-0.
5. Consider and act upon a recommendation from the Parks and Recreation Board to name a
proposed playground at Founders Park.
Staff Comments
Parks Superintendent Bill Nelson addressed council stating that in April the Foundation submitted a name to the Parks
and Recreation Board for the future community-built playground at Founders Park. The naming process involved the
Foundation's submittal of a list of names to the Wylie I.S.D. for elementary students in Wylie to vote on and choose
their favorite name. The top three names chosen were Kids' Adventure Playground, Pirate Cove Playground, and
Pirate Pride Playground. The winner was Pirate Cove Playground.Mr.Nelson stated that per the Park Naming Policy,
potential names must be approved by the Parks and Recreation Board and then submitted to the City Council for
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Wylie City Council
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approval. At the April 26,2004 meeting,the Parks and Recreation Board approved the name"Pirate Cove Playground
in Founders Park".
Council Discussion
Councilwoman Allen asked what portion of the park would be dedicated to the founders of Wylie as per the Park
Naming Policy. Mr. Nelson stated that there was some discussion with the Parks Board to name other facilities in
Founder's Park after the three founders of the City of Wylie. Ms. Manson stated that staff could review the Master
Plan for Founder's Park and bring back to Council a proposal of how to reach the goal of naming facilities after the
founders of the City of Wylie.
Mayor Mondy was concerned about the extension of time granted to the Blackland Prairie Foundation and the fact that
the playground was not constructed yet. Mayor Mondy asked what if the playground was not built at all and the name
was already provided. Councilman Newsom stated that he felt from the conversation with Ms. Hiney,the playground
coordinator,that some type of park would be constructed at that site through the Blackland Prairie Foundation.
Council Action
A motion was made by Councilman Trout, seconded by Councilman Young to approve the naming of the
proposed Community-Built Playground in Founder's Park "Pirate Cove Playground in Founder's Park",
with the stipulation that the playground is actually built and that staff review the Master Plan for Founder's
Park to include the naming of other facilities within the park after the Founders of the City of Wylie,
namely: Hamilton Pate Howrey, first town marshal; Dr. G.P. Maynard, first resident doctor, and William
Marshal Lee, first public school principal. A vote was taken and passed 6-1 with Mayor Mondy voting
against.
6. Consider and act upon the approval of Ordinance #2004-23 amending Section Nos. 106-141
(Definitions), 106-142 (Levied Rate), 106-143 (Collection and Reporting), and 106-145 (Use of
Tax Revenue) of the Wylie Code of Ordinances; Providing for Definitions, The Levy of a Hotel
Occupancy Tax, Collection and Reporting Regulations and the Use of Tax Funds Pursuant to
Chapter 351,Texas Tax Code.
Staff Comments
Acting Finance Director Ron Hutchison addressed council stating that the City Attorney,Richard Abernathy, staff and
Municipal Code Corporation recently reviewed the Wylie Code of Ordinances in an effort to update the Codes for the
City of Wylie pursuant to the Home Rule Charter. In the recommendations sent to the City,by Mr. Abernathy, it was
suggested that the City raise the Occupancy Tax from its current rate of 4% to 7% approved by the legislature under
Chapter 351 of the Texas Tax Code. These collected funds are used for the purpose of advertising the City of Wylie,
encouraging tourism within the City and promoting Wylie in general. He stated that staff recommended approval of
Ordinance#2004-23.
Council Discussion
Mayor Mondy asked Mr. Hutchison who the City was collecting tax from at the current time. Mr. Hutchison stated
that at the present time only one Bed&Breakfast establishment was in Wylie and he could find no record of collecting
Occupancy Taxes for that establishment. He stated that he had contacted the owner and was waiting for a call back.
Mayor Mondy then asked if the hotels paid this tax to the city or to the state for reimbursement to the city. Mr.
Hutchison stated that this portion of tax was paid and collected directly to the city. Mayor Mondy asked if the policy
for collection of this tax was now in place. Mr. Hutchison stated that a policy was being implemented and would be
presented to council.
Councilman Newsom asked if the increase from 4% to 7% had some reasoning behind the increase. Mr. Hutchison
stated that City Attorney Richard Abernathy had suggested the increase.
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Wylie City Council
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City Attorney Comments
City Attorney Richard Abernathy addressed council stating that the logic behind the increase was that as the city grows
there will be the normal influx of hotels and motels. If the increase was implemented now, less complaints would be
put forward than if the city waited until those hotels were in place. Councilman Newsom then asked if we look at the
scenario from the standpoint of a hotel,would that corporation want to build a new hotel in a city with a 4%occupancy
tax or a 7% occupancy tax. Mr. Abernathy replied that in his experience it would really make no difference to the
corporation and that most cities in the state of Texas and elsewhere were currently charging the 7%occupancy tax. He
went on to explain that the funds could be used for projects and programs that would make the City of Wylie a more
desirable place for its citizens and the tax was ultimately paid by tourism. Mr.Abernathy commented that this revenue
would also help curb increases in ad valorem taxes.
Council Action
A motion was made by Councilman Worley, seconded by Councilman Young to approve Ordinance#2004-
23 amending sections 106-142, 106-143, and 106-145 of the Wylie Code of Ordinances and increasing the
Hotel/Motel Occupancy Tax to 7%. A vote was taken and passed 5-2 with Councilwoman Allen,
Councilman Trout, Councilman Young, Councilman Worley, and Mayor Mondy voting for and Mayor Pro
Tem Hogue and Councilman Newsom voting against.
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 caption to Ordinance#2004-23 into the official record.
Mayor Mondy convened into Executive Session at 7:11 p.m.
EXECUTIVE SESSION
In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Act),
Section 551.
§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 regarding City
Manager contract.
551.074-Personnel Matters; Closed Meeting
• Deliberate the Appointment of the City Manager.
&551.072-Deliberation Regarding Real Property; Closed Meeting
• Discussion of Alanis Acquisition
RECONVENE INTO OPEN MEETING
Mayor Mondy reconvened into open session at 9:20 p.m.
Take any action as a result of the Executive Session.
There was no action taken as a result of Executive Session.
Minutes—July 13,2004
Wylie City Council
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Mayor Mondy convened into work session at 9:22 p.m.
WORK SESSION
• Budget Work Session
Acting Finance Director Ron Hutchison and Interim City Manager Mindy Manson presented an overview of
the proposed 2004-2005 budget still in the working stages. Mr. Hutchison reported that the proposal was
based on a decrease in ad valorem tax by.05%.Ms.Manson stated that the largest items were in the areas of
technology and service which had been behind based on Wylie's growth. Mr. Hutchison asked council to
review the figures presented and give any feedback to staff regarding any areas they would like to see
addressed. The next budget work session will be held on July 27, 2004 during the Regular City Council
Meeting.
ADJOURNMENT
A motion was made by Mayor Pro Tem Hogue,seconded by Councilman Newsom to adjourn the meeting at
9:50 p.m. A vote was taken and passed 7-0.
o n Mond , or
ATTEST: V'• t===� •
SEAL
Ca ole Ehrlich,
Secretary
Minutes—July 13,2004
Wylie City Council
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