11-11-2003 (City Council) Minutes MINUTES
Wylie City Council
Tuesday, November 11, 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;
Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich.
INVOCz TION&PLEDGE�O .LLEGIAN
Mayor Pro Tern Hogue led the prayer. Councilman J. C.Worley led the Pledge of Allegiance.
P. E Tt
• Presentation of Star Students Awards with the character trait of "Respect"
Mayor Mondy and Mayor Pro Tem Hogue presented"Star Student Awards"to students demonstrating the
character trait of"Respect".
CITIZENS PARTICIPATIO T;
There were no citizens present to address the council.
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A. Approval of the Minutes from the Regular Meeting of October 28, 2003.
B. Consider and act upon a Preliminary Plat for the Housewright Addition, being all of a certain 1.022
acre tract of land, generally located east of FM 544 and south of Stone Road, as described in a deed to
James E. Housewright, as recorded in Volume 5445, Page 1504 of the Deed Records of Collin County,
Texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23 and in the A.
West Survey, Abstract No. 979, Collin County, Texas and within the Extraterritorial Jurisdiction of
the City of Wylie.
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Wylie City Council
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C. Consider and act upon a Preliminary Plat for the Wylie Lakes Phase 1 Addition, being all of a certain
49.359 acre tract of land, generally located east of Forrest Ross Road and south of Skyview Drive, as
described in a deed to Wylie Lakes, Ltd., as recorded in Volume 5415, Page 4387 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.
D. Consider and act upon the approval of a resolution authorizing the Mayor to execute a License
Agreement between the City of Wylie and Dallas Area Rapid Transit for the installation of four 72-
inch drainage pipes crossing the Cotton Belt line.
E. Consider and act upon the award of a contract for paving and utility improvements along Cotton Belt,
Jackson, and Cooper Streets to Rycon, Inc. in the amount of$308,659.00.
F. Consider and act upon authorizing the law firm of Abernathy Roeder Boyd & Joplin to file a
Declaratory Judgment concerning the Deed to City Hall property.
G. Consider and act upon adoption of a Resolution establishing Rules of Procedures for City Council
meetings.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Trout to approve the Consent Agenda
A-F and remove Item G for Individual Consideration. A vote was taken and passed 7-0.
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G. Consider and act upon adoption of a Resolution establishing Rules of Procedures for City Council
meetings.
Council Discussion
Councilman Trout stated that he would like to see Rule #10 of the resolution changed to require two council
members or the Mayor and one councilmember required to place items on the agenda.
Mayor Pro Tern Hogue stated that there were times when the Mayor was informed of situations that could
require him to place issues on the agenda without involving another councilmember.
Council Action
A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to approve Resolution#2003-
20 (R) as presented. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro Tem Hogue,
Councilwoman Allen, Councilman Young, Councilman Shinn, and Councilman Worley voting for and
Councilman Trout voting against.
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1. Consider and act upon a request from the Downtown Merchant's Association regarding access and
construction of Highway 78.
Public Comments
Mr. Bob Heath, a representative of the Downtown Merchants Association addressed council stating that there is
no way that the project on Hwy 78 can satisfy everyone but some of the present issues did not just affect the
downtown merchants but involved others that would be affected in a negative manner by the widening of Hwy
78. He stated that he and others had met with staff and the City Engineer and had some suggestions to offer the
council that could be workable and would help some of the downtown businesses survive. Some of the
suggestions included, leaving at least a right hand turn lane from Hwy 78 onto Jackson, making another cut thru
somewhere between Ballard and Brown Streets, using Marble to obtain that cut thru, and a left hand turn lane
somewhere between the North Texas Municipal Water District and Eubanks which right now has no left hand
turn lane and is over a mile in length.
Council Discussion
Mayor Mondy asked City Engineer, Chris Holsted if the Locally Preferred Alternative Committee, which the
city council established in 1999 to make recommendations to TxDot pertaining to closures of streets in the
widening project on Hwy. 78, did not make a recommendation to council that Marble Street be left open. Mr.
Holsted stated that the committee recommended that Marble be closed and that TxDot concurred. Mayor
Mondy asked what the cost would be to align Marble to allow it to stay open. Mr. Holsted stated that the
purchase of the property would be approximately $12,000.00 and the construction cost for a median cut would
be between$40,000.00 and$60,000.00. Mr. Biff Johnson stated that the small distance between Marble and the
proposed intersection of Oak and Hwy. 78 was only about 150 to 200 feet apart and he felt, after conversations
with the state,they would not be open to the idea of making a right hand turn opening onto Marble.
Mayor Mondy asked staff if a request had been submitted to TxDot for a Marble Street opening. Mr. Holsted
stated that one had been submitted but staff had not received a reply. He stated that he would also submit a
median cut for Eubanks based on the DMA recommendation.
Mayor Mondy stated that he felt council would have to wait on the replies from state on the recommendations
submitted by staff and also obtain information from the county on a donation of the property needed to align
Marble or the purchase of that property. He also requested staff to obtain the actual construction date for Oak
Street from the state. Once this information was obtained, further consideration could be made on the
recommendations by the Downtown Merchants Association.
Council Action
A motion was made by Councilman Young, seconded by Councilman Worley to table Item #1 until the
December 9, 2003 Council Meeting so further information could be obtained from TxDot and other individuals.
A vote was taken and passed 7-0.
2. Consider and act upon the approval of a resolution authorizing the Mayor to execute an agreement
with the Kansas City Southern Railway Company for grade crossing improvements at McCreary
Road.
Staff Comments
City Engineer Chris Holsted addressed council stating that the agreement with Kansas City Southern Railway
Company will authorize the KCS to install the necessary signalization and road improvements at the crossing as
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Wylie City Council
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well as upgrades to the crossing on the north bound lanes (City of Wylie). The total project cost is $314,306.00
and the City of Murphy has requested a reimbursement of$38,413.00 from the City of Wylie for the installation
of the concrete road crossing on the north bound lanes. Staff will bring forward an Interlocal agreement with
the City of Murphy at a later date if any cost reimbursement is necessary. Mr. Hoisted stated that approval of
the agreement will authorize the KCS to begin construction of the crossing. The agreement was approved by
the City of Murphy on October 20, 2003.
Council Discussion
Mayor Mondy asked Mr. Hoisted if the agreement committed the City of Wylie to the $38,413.00 payable to
the City of Murphy. Mr. Hoisted stated that it did not and if the City of Wylie elected not to put in that portion
of the road crossing ($38,413.00) then that portion would drop out of the $314,306.00 total. If the City of
Murphy and the City of Wylie elected to go forward with that portion of the road crossing, it would be done by
a separate Interlocal Agreement between the City of Murphy and the City of Wylie at a later date. Mr. Hoisted
stated that the City of Wylie was a third party in this purposed agreement between the City of Murphy and
KCS.
Mayor Mondy then asked if the road improvement at the crossing would be safe without the portion in question.
Mr. Hoisted stated that it was an old rough crossing that is a timber paneled crossing. Most of the railroad
crossings in town now were cement panels. Mayor Mondy asked Mr. Hoisted again if the approval of this
agreement was to move forward only and was not a commitment to pay for any upgrades. Mr. Hoisted stated
that was correct.
Council Action
A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve Resolution#2003-
19 (R) authorizing the Mayor to execute an agreement with Kansas City Southern Railway Company for grade
crossing improvements at McCreary Road. A vote was taken and passed 6-1 with Mayor Mondy, Mayor Pro
Tern Hogue, Councilwoman Allen, Councilman Worley, Councilman Shinn, and Councilman Trout voting for
and Councilman Young voting against.
Mayor Mondy recessed into Work Session at 6:40 p.m.
VOR.I SEIQht .....
• Discussion of Sign Ordinance Amendments
Council and staff discussed some of the sign regulations proposed in Ordinance #2003-14 pertaining to the
nonconforming signs and publication through the media as well as e-Wylie,the Wylie Newsletter,the Chamber
of Commerce Newsletter, utility bills and any other available medium to inform citizens that if they have a
nonconforming sign already installed on their property they must file for the nonconforming sign in the building
department in order for that sign to be legal in the City of Wylie. Another point that was raised was the
verbiage pertaining to#10 Regulations for Temporary Signs in#6 development site signs per acres under active
development to be more specific as to the amount of signs per acres.
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Wylie City Council
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Mayor Mondy reconvened into open session at 6:46 p.m.
INDIVIDUAL;cONSIDE A.TION
Tabled Item
3. Consider and act upon Ordinance #2003-14, adopting new sign regulations, repealing Ordinance
#2002-27 and repealing all conflicting ordinances.
Tabled Item from 9-23-03
A motion was made by Councilman Trout, seconded by Councilman Shinn to remove the sign ordinance item
from the table. A vote was taken and passed 6-0 with Mayor Mondy, Councilwoman Allen, Councilman Trout,
Councilman Worley, Councilman Young, and Councilman Shinn voting for and Mayor Pro Tem Hogue absent
for the vote.
Staff Comments
Building Official Dale Jackson addressed council stating that city council discussed this item during a work
session at the September 23, 2003, City Council meeting. Staff was made aware of two concerns of the
Council. The first was to verify that the City Attorney reviewed the ordinance and the second was to provide a
transition period for phasing out right-of-way signs. The City Attorney's office did review the ordinance in
June. The ordinance was sent to the City Attorney's office again in October and it was discovered that there
were some state law changes in September that affected sign regulations adopted by municipalities. The
proposed ordinance does reflect all of the changes proposed by the City Attorney's office. The second issue has
been addressed by adding a new section 12 to the ordinance that would be automatically repealed on July 1,
2004. This section legalizes right-of-way signs through July 1, 2004.
Council Action
A motion was made by Councilman Young, seconded by Councilman Worley to approve Ordinance #2003-14
with the addition of more explicit verbiage pertaining to the Regulations for Temporary Signs at development
sites and the number of signs per acres. A vote was taken and passed 6-0 with Mayor Pro Tem Hogue absent.
READIN ORDINAI CES.:TITLE::&` APTION: tg.O' D:BY.COUNCIL AS 1 QUIR7 BY
City Secretary, Carole Ehrlich read Ordinance#2003-14 into the official record.
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There being no further business before council, a motion was made by Councilman Trout, seconded by
Councilman Young to adjourn the meeting at 7:10 p.m. A vote was taken and passed 6-0 with Mayor Pro
Tern Hogue absent.
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Wylie City Council
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