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12-09-2003 (City Council) Minutes MINUTES Wylie City Council Tuesday, December 9, 2003 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Mayor John Mondy called the meeting to order at 6:00 p.m., with the following council members present: Mayor Pro Tem Eric Hogue, Councilman Merrill Young, Councilman J. C. Worley, Councilman Chris Trout,and Councilman Randal Shinn,with Councilwoman Allen absent. Staff members present were: Acting City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Holsted; Planning and Zoning Director, Claude Thompson; Public Information Officer,Mark Witter,and City Secretary, Carole Ehrlich. Reverend Mona Bailey of the Corinth Presbyterian Church led the prayer and Mayor Pro Tem Hogue led the Pledge of Allegiance. ,;PR SEI T TII#1'S . • "Wietecha Family "Special Recognition" Mayor Mondy and Mayor Pro Tem Hogue presented the Wietecha Family with a "Special Recognition" plaque for their work with the City of Wylie Parks and Recreation Department, Bart Peddicord Community Center, and the senior citizens of the City of Wylie over the past years. Parks Superintendent, Bill Nelson, Assistant Superintendent Robert Diaz, and Bart Peddicord Community Center employees were in attendance for the presentation. There was no one present to address council. Mayor Mondy recessed into executive session at 6:10 p.m. In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated (Open Meeting Act), Minutes—12-09-03 Wylie City Council Page 1 Section 551.087, Government Code, Vemon's Texas Code Annotated (Open Meeting Act) "Deliberations Regarding Economic Development Negotiations" • Negotiations Between the WEDC and Project"Bright Light". • Negotiations Between the WEDC and Project"Long Haul". Section 551.074 Personnel Matters; Closed Meeting • Evaluation, assignments and duties of the Interim/Acting City Manager Mayor Mondy reconvened into open session at 6:40 p.m. . ................... Take any action as a result of the Executive Session. No action was taken as a result of executive session. :: ::: t14 nda:::aye:::con de::: ::>be:::ro ne:::.::.:> a i.y Counca :d ors::�ts�d::unc��:<� .:�a�u ::. :::. .::::::::::.::�:.:::.:�._::::::::::::::::::.�:::::::::.:::::.::::. . :::, _ .:::::: ::.:::: .::::::::::: . . ::... Alinn�tt.........:.:::::::::::::::::::::............. : ::: :::::.................:....�:.:.::: :::.:::::::::.:.:::::::::.�:............. ....: :...:::::::::::: . :. .::::........ ..... :x.:: 00.!:*:.:: :.:a ....:........gi!i;: . .:.... ::w :: �e p :.: f then e:::items.:>I `:disc sion:::is SIX b�e::+��act�d:� ::. .................:.:: ::.: ::::::......................:.:::.::::::::; P :::.:..:..............:.........:...............:....:::.:.::::::: :::::.:...................:.. ..elite :::: ..:.: :...:......:..... > .:.. tha:; ons t:>A: enda::and will:::he consi red:::.:e.arate�l; _:::;:>:«:>>; lestrad::tli�sl: :�u :>�rou�d���mt;:.::: ::::: ::::. .:: ::.:::.: . .:..........:.�........... A. Approval of the Minutes from the Regular Meeting of November 11, 2003 and December 1, 2003. B. Consider and act upon a Final Plat for The Cascades Phase 2 Addition, being all of a certain 15.987 acre tract of land, generally located east of Country Club Road (F.M. 1378), north of The Cascades Phase 1 Addition, and south of Parker Road (F.M. 2514), and being a portion of that certain 53.7251 acre tract conveyed to Cascade Companies, L.L.C. by a Special Warranty Deed recorded in Volume 4607, Page 1881, Deed Records of Collin County, Texas (DRCCT), and including all of a called 0.8000 acre tract conveyed to C.T. Beckham by deed recorded in Volume 1901, Page 545,DRCCT, and including all of a called 5.1533 acre tract conveyed to C.T. Beckham by deed recorded in Volume 4605, Page 1399, DRCCT, and being situated in the James McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County, Texas. C. Consider and act upon a Final 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. D. Consider and act upon a Final Plat for the Housewright Addition, being all of a certain 1.002 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. E. Consider and act upon approval of an Agreement between the City of Wylie and Wal-Mart Stores. Minutes—12-09-03 Wylie City Council Page 2 Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Trout to approve items A through E of the consent agenda and remove Item F from the consent agenda for individual consideration. A vote was taken and passed 6-0. F. Consider and act upon approval of final acceptance of the Rush Creek force main and authorize final payment to Texas Electric Utility Construction, in the amount of$37,977.07 and accept the project as complete. Council Discussion Councilman Young asked City Engineer Chris Hoisted if agenda item #1 directly related to item F of the consent agenda. City Engineer, Chris Holsted stated that it did not. Item F was only a small portion pertaining to the Rush Creek force main only, and explained that the contractor had been delayed in getting the two final documents needed for the final payment of the force main. Mr. Hoisted stated that this portion had been in operation now for around four to five months. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to approve payment in the amount of $37,977.07 for the final payment to Texas Electric Utility Construction and accept the project of the Rush Creek Force Main complete. A vote was taken and passed 6-0. 1. Consider and act upon an agreement with Bozman Farms Development, Ltd. for reimbursement through impact fees for the construction of the Rush Creek 30-inch outfall sewer line. Staff Comments City Engineer Mr. Chris Holsted addressed council stating that the two developers to the other parties of the agreement, with the City of Wylie, had requested that this item be tabled to the January 13, 2004 Council Meeting. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to table Item #1 until the January 13, 2004 council meeting at the request of the applicant. A vote was taken and passed 6-0. Mayor Mondy convened into Work Session at 6:49 p.m. • "Sidewalk Maintenance and Repair" Ordinance Minutes—12-09-03 Wylie City Council Page 3 Public Comments Mary Currence of 609 Andersonville Lane, Wylie, Texas was present to address council. Ms. Currence stated that she had resided at the above residence for some years and that the sidewalks adjacent to the property on that entire block had always had a sag and a drop-off. Her drop-off was 4-6 inches. She further stated that she had contacted a civil engineer who had told her that the sidewalk was in ill repair due to a water problem, possibly sewer,that had eroded the soil beneath the sidewalk and up into her yard. She stated that she did not believe this problem should be hers alone. Council Discussion Discussion between council and staff focused on several issues pertaining to the maintenance and repair of existing sidewalks, 5 years and older in the City of Wylie. Mr. Jack Jones, Public Works Superintendent gave a presentation showing the sidewalks in the city and dividing them into three criteria, trip hazards, sunken areas, and low and sagging areas. He stated that if all the streets currently needing repairs were completed, the cost would be estimated at around $1,144,375.00 which was a very conservative estimate. Mayor Mondy stated that he found it hard to approve tax payer money to repair sidewalks that were not constructed with tax payer money in the first place. Acting City Manager Mindy Manson stated that she had done an extensive survey of other cities in the area and found that all those cities had ordinances in place which required the property owners adjacent to their portion of the sidewalk to be responsible for the upkeep and repair of the sidewalks. She stated that the city ordinances in outlying areas also put any liability from damaged sidewalks with the property owner responsible for that portion of the sidewalk. Councilman Shinn stated that his experience in the liability insurance field usually found the property owner liable for damage from hazardous sidewalks and that their homeowner's insurance usually covered those types of claims. Discussion also focused on funds set aside for sidewalks. Ms. Manson stated that the intent of those funds was to construct new sidewalks in the areas around schools which at the current time have no sidewalks and could be considered hazardous. Mr. Jack Jones stated that to add sidewalks where none exist, there would be an additional cost conservatively estimated at$1,071,000.00. Ms. Manson stated that the funds set aside for this purpose was close to$500,000.00 but presently there was no estimate as to what it would cost to construct sidewalks only in areas that were considered hazardous but the information would be presented to council at a later date. Mayor Mondy reconvened into open session at 7:50 p.m. Tabled Item 10-14-03 (3`d Meeting Maximum) Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to remove the ordinance amending Streets, Sidewalks and other Public Places from the table. A vote was taken and passed 6-0. 2. Consider and act upon an ordinance amending Chapter 102 "Streets, Sidewalks and Other Public Places" establishing rules and regulations governing persons responsible for sidewalk maintenance and repair. Minutes—12-09-03 Wylie City Council Page 4 Council Action A motion was made by Councilman Worley, seconded by Councilman Young to approve Ordinance #2003-26 amending Chapter 102 "Streets, Sidewalks and Other Public Places" and establishing rules and regulations governing persons responsible for sidewalk maintenance and repair. A vote was taken and passed 6-0. Mayor Mondy convened into Work Session at 7:51 p.m. Wales:5EIO • Discussion of Downtown Merchants request for modifications to Hwy. 78 project. Discussion between staff and council gave staff direction to move forward with the reconnection of Jackson Street (right hand turn) approved by TXDot and to compile more information pertaining to the request to open Marble Street. Staff will move forward with these recommendations. Mayor Mondy reconvened into open session at 7:56 p.m. Tabled Item from 11-11-03 to 12-09-03 3. Consider and act upon a motion to remove Downtown Merchants request for Hwy. 78 access from the table and a motion to re-table item. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to remove the Downtown Merchants request for Hwy. 78 from the table. A vote was taken and passed 6-0. Council Action A motion was made by Councilman Worley, seconded by Councilman Trout to table item #3 Downtown Merchants request for Hwy. 78 to the January 13, 2004 Council Meeting. A vote was taken and passed 6- 0. 4. Consider and act upon the evaluation, duties and assignment of the Interim/Acting City Manager and establish the appropriate compensation for the interim period. Council Action A motion was made by Councilman Trout, seconded by Councilman Worley to approve the compensation for the Acting City Manager, Mindy Manson in the amount of$115,000.00 annually leaving all other benefits as they currently are for the interim period. Ms. Manson will perform the duties of Assistant City Manager as well. A vote was taken and passed 6-0. Minutes—12-09-03 Wylie City Council Page 5 , ti 0 c 0000 CESITME& CAPIICO ePt x Nc.i S. QuIRED. 8�;WA-At. :: .. :Y:CH ...>:. :: II .SECTIO :::t3—D`:<:;:<: >.:;:>::>::: > >` :: `,. <: `.`<: ... .. ; :��TY;�kic �' R�: TTL ;L: :::::::.H:::::::::::::::::.:::::::::::.. ... #2003-26 City Secretary, Carole Ehrlich read Ordinance#2003-26 into the record. Mayor Mondy convened into Work Session at 8:00 p.m. • Discussion and Development of a Transition Plan for the City Manager Discussion focused on procurement of at least three head hunter firms to put forward presentations at the January 13, 2004 City Council Meeting. Council will decide on a transition plan once they have heard these presentations. Council members discussed a committee of City Managers from other cities in Texas that have experienced the growth, zoning and other issues that Wylie is experiencing to be present for the final interviews. There was also some discussion of staff meeting with the finalists at some point before the final decision was made by Council. Staff will go forward and procure the firms for the first meeting in January. • Discussion of Eastern Alanis Alignment @ Hwy.544 City Engineer Chris Hoisted presented an illustration of the proposed connection to the existing eastern end of Alanis in the Twin Lakes Subdivision with the intersection to Troy Road and Beaver Creek Road (CR 732). Consensus of council was to go forward with the planned proposal. • Update on Needs Assessment Acting City Manager Mindy Manson asked council for some direction pertaining to which cities would best mirror Wylie in the years 2010 and 2020 regarding population and other demographics. Council gave Ms. Manson direction on that issue. No other updates were given at this time. • T I F Issues After some discussion pertaining to Residential T I F issues, consensus of the council was not to move forward with plans for a Residential T I F at this time. Mayor Mondy convened into open session at 8:49 p.m. DJOUR IN'E T With no further business before`gpitn¢il,ite meeting was adjourned at 8:50 p.m. ,.�N''� O F y = hn Mond Mayor ATTEST: fS ' `` Carole Ehrlic , City Secretary"` °"0 Minutes—12-09-03 Wylie City Council Page 6