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10-28-2003 (City Council) Minutes MINUTES Wylie City Council Tuesday, October 28, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor John Mondy called the meeting to order at 6:01 p.m., with the following council members present: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman J. C.Worley, Councilman Chris Trout,and Councilman Randal Shinn. Staff members present were; City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Hoisted; Planning & Zoning Director Claude Thompson, Wylie Economic Development Director Sam Satterwhite, Public Information Officer,Mark Witter,and City Secretary, Carole Ehrlich. Reverend Mark Forrest of the Murphy Road Baptist Church lead the prayer. Councilman Trout lead the Pledge of Allegiance. • Reach for a Star—Unveiling of the 2003 Star Tree Reach for a Star Chair, Aimee Nemer presented the 2003 Star Tree and councilmen choose stars from the tree to kick off the City of Wylie program. CITIZENS PAI TICIPATIOi" .: There was no one present to address council. A�ENII ' oin[cil arl v�ill. e�naeted`b one e .:un 'r::� .: C.....:ntA... : g:;... .;c+agsldieir�d: t�`:b�::rq�ti :ai:::$..�::.:... ..Ctz........:..::.:::d.:::::::::::b::::::::::::.:::::::::::y::::: m00.00 :There.will:::not b e::`s arate.;disc ission f thhese ite ui ; ':' ssion is: esir .f hat item l he removed rom the: of ;:.;:. ..::.eF:::.:.::.:: ..::................ . .... ::::l.: . :: . . a..: 11.:be: onsidered::se aEratel < :: A. Approval of the Minutes from the Regular Meeting of October 14,2003. B. Consider and act upon a Final Plat for the Birmingham Farms Phase 4 Addition, being all of a certain 13.955 acre tract combining the 5.911 acre tract of land called Tract A and the 8.044 acre tract of land called Tract B, generally located east of Country Club Road (F.M. 1378) at Talladega Drive, as described in a Contract for Deed to Centex Homes, and being situated in the C. McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. C. Consider and act upon a Final Plat for the Birmingham Farms Phase 13A Addition, being all of a certain 25.961 acre tract of land, generally located east of Country Club Road (F.M. 1378) and south of Park Boulevard, as described in a Contract for Deed to Centex Homes, and being situated in the C. McUlmurry Survey,Abstract No. 629,City of Wylie, Collin County,Texas. Minutes—October 28,2003 Wylie City Council Page 1 D. Consider and act upon a Final Plat for the Southbrook Phase I Addition, being all of a certain 26.2357 acre tract of land, generally located north of Elm Road (County Rd. 381) and east of South Ballard Avenue, as described in a deed to S.C. Parsons, as recorded in Volume 5049, Page 2916 and Volume 4906, Page 707 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the D.W. Williams Survey,Abstract No.980,City of Wylie,Collin County,Texas. E. Consider and act upon a Final Plat for the Alanis Addition,being all of a certain 5.201 acre tract of land, generally located east of Ballard Avenue and north of Alanis Drive, as described in a deed to Richard D. Nance, et al, as recorded in County Clerk's File No. 97-0054771 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. F. Consider and act upon a Preliminary Plat for the McCreary-F.M. 544 Addition, being all of a certain 7.2575 acre tract of land, generally located north of F.M. 544 and east of McCreary Road, as described in a deed to Heatley-Moist, Inc., Trustee, recorded'in County Clerk's File No. 96-0021299 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County,Texas. G. Consider and act upon a Final Plat, being a Re-plat of Lot 46, Block D, Cimarron Estates Phase II Addition, being all of a certain 0.195 acre tract of land,located at 2917 Jamestown Drive, as described in a deed to Centex Homes, recorded in Volume 5136, Page 1815 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas. H. Consider and act upon a Final Plat for Lots 5A and 5B, Block A, being a Re-plat of Lot 5, Block A, Greenway Addition, being all of a certain 1.40 acre tract of land, generally located east of Westgate Way and south of F.M. 544, as described in a deed to Greenway-Wylie, L.P., recorded in Volume 4734, Page 2858 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 267 and in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. I. Consider and act upon authorizing the City Manager to enter into negotiations with Trinity Waste Services to extend the current contract. J. Consider and act upon a request from the Wylie Seniors, Teens that Care, and Girl Scouts to sell admission to the Haunted Tunnel and have game booths at the Bart Peddicord Community Center on October 30 and November 1,2003. K. Consider and act upon a request from the Blackland Prairie Playground Foundation to sell items such as fence pickets and hand painted tiles and accept donations from October 14, 2003 through September 30, 2004 at Founders, Community,and Olde City Parks. L. Consider and act upon a request from the Summitt Church to sell items at Olde City Park for their Halloween event on October 30,2003. M. Consider and act upon authorizing the City Manager to execute an Amendment to the Conditional Grant Agreement between the City of Wylie and Atrium Companies,Inc.,Extruders Division. Council Action A motion was made by Councilman Young, seconded by Councilman Worley to approve the consent agenda as presented. A vote was taken and passed 7-0. Minutes—October 28,2003 Wylie city Council Page 2 INlM D AL C NS] 3RR ►'1€'IUI :. .: 1. Consider and act upon an appointment to the Planning and Zoning Commission, to fill an unexpired term. Staff Comments Planning and Zoning Director, Claude Thompson addressed council stating that Michael George was reappointed to a two (2) year term on the Planning and Zoning Commission on June 24, 2003. Mr. George, who has capably served several years as Chairman of the Commission, resigned from the Commission effective October 17, 2003, due to pressing family matters. Article VIII, Section 2A of the City Charter authorizes the City Council to appoint a Planning and Zoning Commission to advise the Council in carrying out its various duties regarding planning and environmental quality. Proposition 18, adopted on May 2, 1998, requires that the Planning and Zoning Commission shall consist of seven (7) citizens, appointed for terms of two (2) years each. Vacancies in an unexpired term shall be filled by the Council within thirty(30)days from the date of the vacancy for the remainder of the term. Council Action A motion was made by Councilman Shinn seconded by Councilman Young to approve the appointment of Kathy Spillyards to fill the unexpired term of Michael George on the Planning and Zoning Commission. A vote was taken and passed 7-0. 2. Consider and act upon Resolution #2003-17 casting ballots for the Board of Directors for the Central Appraisal District of Collin County,Texas. ---..- Council Action A motion was made by Councilman Shinn, seconded by Councilwoman Allen to cast the City of Wylie's 30 votes for the Collin County Appraisal District Board of Directors to George G. Crump. A vote was taken and passed 7-0. Mayor Mondy convened into work session at 6:20 p.m. '1 RK ES; ION • Discussion of operation of the existing City Waste Water Treatment Plant and proposed upgrades to maintain current level of service Discussions between NTMWD representatives and the council involved the new Muddy Creek Wastewater Treatment Plant that is under construction and is scheduled to be completed in January 2005. Due to the age of the existing plant, some of the equipment has reached its useful life and is in need of replacement. The proposal includes the replacement of the bull gear for the final clarifier at a cost of$19,000 which would increase the efficiency and effectiveness of the flow rates to the current NTMWD Wastewater System. Representatives stated that the current NTMWD budget has funds to cover the cost of the bull gear replacement. Mayor Mondy reconvened into regular session at 6:30 p.m. Minutes—October 28,2003 Wylie City Council Page 3 IIND DUAL CONYSIDER TIO ...... ;:; 3. Consider and act upon authorizing the Mayor to execute.a request from the North Texas Municipal Water District (NTMWD) for the purchase of additional equipment in the amount of $19,000 for the existing wastewater treatment plant. Council Action A motion was made by Councilman Worley, seconded by Mayor Pro Tern Hogue to authorize the Mayor to execute a request from the North Texas Municipal Water District for the purchase of additional equipment in the amount of $19,000 for the existing wastewater treatment plant. A vote was taken and passed 7-0. Mayor Mondy convened into work session at 6:31 p.m. ORK sE O I • Discussion of new street names for the Kirby/Stone Area Discussion between council and staff pertaining to the street names for the Kirby/Stone area concluded in direction from council to leave Kirby Street as named from Hwy. 78 to Ballard Street, which will include the new extension. The existing West Kirby Street will become part of Jackson Street. Stone Road between Birmingham and Ballard Streets will become Stone Circle. Staff will move forward with this direction. • Discussion of annual Student Government Day Discussion between council and staff pertaining to the annual Student Government Day concluded in council direction to change the spring program at City Hall to include only the students participating in the High School quad C classes and for council to spend a day in the government classes during the spring and fall working with students. The full day program at City Hall would be discontinued in the fall. Mayor Mondy convened into Executive Session at 7:01 p.m. I�Z�E�[JTI VE:SSE,SSIIOIi In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Section 551. SS 551.071 H ±C.onStiltatiOn*itIt Attorney; Closed'Meeting A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advise of its attorney (A) pending or contemplated litigation; or (B) a settlement offer;or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Regarding Acquisition of property and clarification of ownership of City Hall Property. Minutes—October 28,2003 Wylie City Council Page 4 R CONVENE.INTO OPEN MEE Mayor Mondy reconvened into open session at 7:27 p.m. Take any action as a result of the Executive Session. There was no action taken as a result of the Executive Session. Council Action With no further business before council, a motion was made by Mayor Pro Tern Hogue, seconded by Councilman Trout to adjourn the meeting at 7:28 p.m. A vote was taken and passed 7-0. Jo Mondy,Mayor $.9 . wy ATTEST: _ SEAL • Carol Ehrlich,Ci Secretary Minutes—October 28,2003 Wylie City Council Page 5