Council Present: Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout.

Staff Present: Mindy Manson, Acting City Manager; Brady Snellgrove, Finance Director; Jack Jones, Capital Projects and Barbara Salinas, City Secretary.

Councilman Scott was asked to give the invocation & Councilman Worley was asked to lead the Pledge of Allegiance.

Mr. Bowland expressed his concerns regarding historic preservation in the downtown area. He asked that staff visit individually with property owners and investors and receive input from them before taking any formal action.

Ms. Lowery expressed her concerns regarding the continuing problem with the ditch behind her home and lack of assistance from the Council. The Mayor asked Mr. Jack Jones to visit with him at the conclusion of the meeting.

Ms. Schmader voiced her concerns regarding Consent Agenda Item B. She expressed concerns regarding a timeframe for the installation of the new waterline and the addition of housing before the existing problem has been addressed. She also expressed safety concerns and lack of access to the (extended) drainage easement behind the homes. She stated that these concerns were not expressed to Staff or the Chair of the Commission.

The Mayor then announced that they would move into Executive Session in accordance with Chapter 551, Government Code, Vernon’s Texas Code Annotated (Open Meeting Law), Section 551.074 Personnel Matters, appointment of a new city manager.

As a result of the Executive Session the following action was taken.

Councilman Worley made a motion to appoint Mr. Anthony D. Johnson as the City Manager for the City of Wylie. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0.

The Mayor then introduced Mr. Johnson to the audience. Mr. Johnson addressed Council and those present expressing his appreciation for the appointment as City Manager for the City of Wylie.

Councilman Worley asked to remove Consent Item B for discussion. Councilman Scott made a motion to approve Consent Item A, Approval of the minutes from the Regular Meeting of April 11, 2000. Councilman Young seconded the motion. A vote was taken and the motion passed, 6-0.

Ms. Manson, Acting City Manager addressed this item and provided Council with a brief background of the request, adding that bids were to be opened next week for the above ground tank.

There was some discussion regarding the elevated storage tank with regard to a time line for completion. Ms. Manson stated that the tank would be installed at the North end of Newport Harbor addition. She stated that the Engineer feels this will fill the needs of the development. The Mayor asked about a Pump Pressure Station, to which Mr. Jones responded by stating that the pump will operate 24 hours a day to maintain pressure within the line. He stated that bids would be opened next week.

There was some discussion regarding access, with the Mayor expressing concern regarding one mile of street with no cut through. Ms. Manson stated that there would be an access point in subsequent phases of the development. The applicant was present and came forward to provide Council with an explanation of three access points for maintenance. The Mayor expressed concerns regarding existing problems that current property owners are now dealing with and asked why these concerns have not been corrected before this request. The Applicant stated that these issues will be addressed when he has the legal right to correct.

Mr. Brent Pettigo of Centex came forward to address Council. Mr. Pettigo stated that if approved, this Phase will help the existing problems. He committed to Council that with plat approval, they will correct the existing problems. He stated that they were not aware of any existing problems, which these types of complaints typically go through city staff.

Council also expressed their concern for the preservation of existing trees. The applicant stated that Centex would try to preserve as many trees as possible. The applicant again restated that the best way to correct existing problems is with plat approval. Mr. Pettigo committed to Council that they would clean the street, but the drainage is a concern because they do not own the property.

Councilman Worley made a motion to table the Consent Item B until the next regular meeting of May 9, 2000. Councilman Scott seconded the motion. A vote was taken and the motion passed, 6-0.

City Secretary, Barbara Salinas stated that this is an annual appointment to the North Texas Municipal Water District Board and that Mr. Fuller’s term expires in May of 2000. She stated that Mr. Fuller had been contacted and was willing to serve another two-year term.

Mr. Fuller was present and addressed Council briefly. He stated that he is interested and willing to serve another term and that he is looking forward to the many challenges that face both the North Texas Municipal Water District and the City of Wylie.

Councilman Scott made a motion to reappoint Mr. Marvin Fuller as a director to the North Texas Municipal Water District Board for a two-year term expiring in May of 2002. Councilman Trout seconded the motion. A vote was taken and the motion passed, 6-0

Mr. Jack Jones, Capital Projects addressed this item providing Council with a brief background. Mr. Jones explained that the 8" clay sewer line was budgeted in 1998/1999 Utility Fund Budget and that the line is approximately 40 years old with numerous low areas which constricts gravity flow and can cause back ups. He stated that this project is in conjunction with the 1999 bond project of construction of a concrete alley between Hilltop/Briarwood from Butler to Park Street and will finish out a four-year program of reconstructing all alleys in and around Dogwood, Woodhollow and Briarwood areas.

Mr. Jones stated that a combined cost of the two projects totals $131,951.00.

Councilman Worley made a motion to approve the award of bid to JDJ Construction Company of Richardson, Texas in the amount of $131,951.00 to replace an existing 8" clay sewer line and construct concrete alley between Hilltop/Briarwood from Butler to Park Street. Councilman Young seconded the motion. A vote was taken and the motion passed, 6-0.

Councilman Scott made a motion to remove Item 4 previously tabled at the Regular Meeting of April 11, 2000 to consider and act upon the request.

Ms. Mindy Manson, Assistant City Manager provided Council with a brief history of the tabled request.

The Mayor then opened the Public Hearing asking that anyone wishing to speak either in favor or opposition of the request come forward, stating their name and address for the record and limiting their comments to three minutes.

Ms. Patrick voiced her concern regarding flood plains and the protected interests of homeowners with regard to insurance and inadequate protection. She cited the situation at Newport Harbor with regard to earthen ditches. She raised concerns regarding inadequate city codes and the continued approval of Council for new development that only adds to existing problems.

Mr. Butschek voiced his opposition to Council approval of Item 4. He stated that the development as proposed violates the comprehensive plan. Mr. Butschek voiced his concerns regarding Council’s continued violation of the plan. Mr. Butschek quoted from the Staff Recommendations section, citing that this development is not consistent with the wishes of the citizens of Wylie. He stated that this development also contributes to traffic problems and that traffic is not addressed, and that only a study is called for. He stated that McMillian Road is not ready for more traffic and that existing streets are not adequate for additional development. Mr. Butschek stated that traffic studies should be done in advance, not after.

The Mayor advised Mr. Butschek that he had fifteen (15) seconds remaining to comment. Mr. Butschek stated that he wished to express his concerns, past the three minutes time limitation.

Mr. Butschek continued with comments regarding parks and recreation needs, citing the need for a big park and that the dedicated parkland was in a flood plain and not appropriate. With regard to flooding and existing problems in Newport Harbor, Mr. Butschek stated that it is unreasonable to ask the developer to fix, but not unreasonable for the city to address, citing that the developer does not have the tools. Mr. Butschek also added with regard to drainage that concrete makes the situation worse.

Mr. Butschek stated that we need to also formulate a flood control plan and not violate the comprehensive plan by approving the types of development that have been approved previously by Council.

Mr. Butschek stated that this situation is important to the citizens of Wylie. He stated that we want overall planning that is going to be effective and not cost the taxpayers money to fix problems. He asked Council to put this off and build up our infrastructure and parks then move forward and work together with developers.

Mr. Butschek stated that if Council goes ahead (with approval) they would be left powerless. Mr. Butschek stated that implementation of the Article 6 of the Wylie Homerule Charter states the process for recall and referendum.

At this point, the Mayor asked that Mr. Butschek cease his comments. Councilman Scott called for a five (5) minute recess.

The Council reconvened after the five-minute recess and continued the Public Hearing. The Mayor asked that anyone else who wished to speak in opposition or in favor of the request, to come forward stating their name and address for the record and asked that comments be limited to three minutes.

Ms. Schmader voiced her opposition to the request citing lot size inconsistent with the Comprehensive Plan and lack of perks from the developer, i.e., sidewalks and parking.

Ms. Butschek spoke in opposition to the request. She stated that the Comprehensive Plan was as waste of the taxpayer money and that this is what she has been talking about with mismanagement and disregard for the taxpayer money. The Mayor reminded Ms. Butschek that comments were to be specific to the Public Hearing, Item No. 4 and that she was to address the issue only. Ms. Butschek asked to be allowed to finish her comments further stating that this is the disrespect that she has also been talking about, she again asked that she be allowed to finish, and stated that the Council was wasting her three minutes. The Mayor attempted to clarify that her comments needed to be specific to the issue, to which Mrs. Butschek repeatedly stated that her time was being wasted and that her comments were directed to the issue of Item No. 4. After an exchange between Mrs. Butshcek and Council, Mrs. Butschek continued.

Mrs. Butschek stated that the developments along FM1378, specifically D.R.Horton, are contributing to the existing problems. She stated that D.R. Horton would be dumping water into the watershed behind the property. Mrs. Butschek stated that the property between D.R. Horton and her property would someday be developed. Councilman Worley asked how this pertained to the issue, to which Mrs. Butshcek asked that Councilman Worley be quiet and allow her to finish. The Mayor asked that Mrs. Butshcek be allowed to finish.

Mrs. Butshcek stated that the watershed will travel down to the McMillen Road area. She expressed concerns of the velocity and volume of water coming into the area and the possibilities of flooding on McMillien Road. She suggested that a study be done with regard to these concerns. Again Mrs. Butschek stated that this is the mismanagement and disregard for citizens opinion that she has been talking about.

The Mayor then closed the public hearing.

The applicant was present and came forward to address Council. The applicant addressed both the audience and Council specific to public comments. The applicant stated that they have been working on this project for six months and feel they have brought forth a quality project. He stated that they have addressed issues with regard to provision for future educational needs with a projected site for a future school. He stated that the park is designed with an amenity center and ground was recently broke for an Olympic sized swimming pool. He stated that these homes would sell for $145,000 to $165,000.

The applicant addressed flooding by stating that they have provided larger access easements. He stated that they are protecting the existing trees and hope to save most. He stated that the city’s traffic engineer has reviewed the traffic situation. With regard to drainage issues, the applicant stated that they do have an agreement with Mr. Bob Thurman, after requesting at the April 11, 2000 meeting to table so that they could finalize and bring forward to Council with specifics. He provided Council with copies of the agreement with Mr. Thurman.

Councilman Worley expressed his concerns with regard to development standards, specific to the weight of the shingles. The applicant stated that after research, they determined it would be best to require a "20-year shingle". Councilman Worley requested more information on this type of shingle as opposed to his request. Councilman Scott asked who some of the builders are, other than Ashton Woods. The applicant stated that possibly Plantation, Newmark, and Sutherby, concluding that it would provide a good mix.

The Mayor had concerns regarding the status of the widening of McCreary road and future street signalization. Mr. Stanton Forester, Transportation Engineer stated that the traffic study conducted did not warrant their participation in the signalization, however, the developer has agreed to participation.

Councilman Worley made a motion to approve the request from Tipton Engineering, Inc., for approval of a zone change from A (Agricultural) to PD (Planned Development) for a master planned single family neighborhood for the property generally located along the south side of McMillen road and east of the Southfork Mobile Home Development and being all of a certain 50.7752 acre tract out of the John W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, with the stipulation that the developer would contribute to intersection control and traffic study and finalized agreement with Mr. Bob Thurman. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 6-0.

Ms. Mindy Manson provided Council with a brief history of the request. The applicant, Mr. Gary Defrain was in attendance and addressed Council.

Mr. Defrain provided Council with the history of his request. He displayed his plan for council’s review pointing out the open space on McCreary that did not take away from lots or roads and was approved by both police and fire and also enhanced the front of the development. Mr. Defrain cited corrections to Area C. He stated that PD requirements state 25’, however it is 20’ and this is what was approved. Secondly, he clarified the ROW easement and dedication of McCreary Road, stating that it does not require dedication, as a 50’ easement already exists.

There was further discussion with regard to drainage and explanation of detention concerns. Mr. Defrain stated that two detention areas are shown and that if detention is necessary, it can be done. Mr. Defrain expressed his concerns regarding the possibility of restarting the entire process, as advised by the Planning & Zoning Commission, due to uncertainty of the need for detention.

Ms. Manson explained that until completion of the PD process, details are not always knows at the Preliminary Plating stage and can sometimes create problems for a developer. Mr. Defrain stated if detention is required, the grading will be very subtle and lots will not be effected. Councilman Trout clarified that if detention is necessary Mr.Defrain did have the means to provide and Mr. Defrain again confirmed.

He stated that pricing will be from $130,000 to $140,000 and that negotiations are continuing with builders.

Councilman Worley made a motion to approve the Development Plan/Preliminary Plat for McCreary Estates, proposed by Orinda Capital Partners L.P., for the property generally located at the northeast corner of FM 544 and McCreary Road just north of the railroad tracks and being all of a certain 100.5989 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Councilman Trout seconded the motion. A vote was taken and the motion passed, 6-0.

The scheduled work session was not held.

The Mayor then moved into Executive Session in accordance with Chapter 551, Government Code, Vernon’s Texas Code Annotated (Open Meeting Law), Section 551.072 Real Property.

No action was taken as a result of the Executive Session.

With no further business to come before the Council, the meeting was adjourned.