MINUTES
Wylie City Council
Tuesday, April 8, 2003 - 6:00 p.m.
Wylie Municipal Complex - Council Chambers
2000 State Highway 78 North

Mayor Mondy called the meeting to order at 6:05 with the following Council members present; Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young, Mayor Pro Tem J.C. Worley, and Councilman Chris Trout.

The following staff members were present; City Manager Biff Johnson, Assistant City Manager Mindy Manson, Finance Director Brady Snellgrove, City Engineer Chris Holsted, City Planner Claude Thompson, and Interim City Secretary Aimee Nemer

Councilman Scott gave the invocation and Councilman Worley led the Pledge of Allegiance.

• National Library Week Proclamation

Mayor Mondy and Councilman Worley presented Library Director Mignon Morse with a proclamation recognizing National Library Week. Library Board members and library sponsors, American National Bank representatives, were present to accept.

There was no citizen participation.

1. Approval of the Minutes from the Regular Meeting of March 25, 2003.

Council Action
Councilman Trout made a motion to approve the Consent Agenda. Councilman Hogue seconded the motion. A vote was taken and passed, 7-0.

1. Consider and act upon a resolution establishing an energy conservation program as prescribed by State Senate Bill 5.

Staff Comments
Purchasing Agent, Jim Holcomb addressed this item. Mr. Holcomb explained to Council that State Senate Bill 5 (SB 5), as passed by the 77th Legislature, amended the Texas Health and Safety Code by creating Section 388.005 titled "Energy Efficiency Programs in Certain Counties". He stated that Section 388.005 requires political subdivisions in ozone non-attainment areas to implement certain energy conservation measures. Mr. Holcomb explained that the first step of compliance is the establishment, by resolution of the governing body, of an energy conservation program.

Council Action
Councilman Worley made a motion to approve the Resolution. Councilman Young seconded the motion. A vote was taken and passed, 7-0.

2. Consider and act upon the award of a contract for the construction of the Kirby St./Stone Rd. Connector to JRJ Paving in the amount of $618,362.97.

Staff Comments
City Engineer, Mr. Chris Holsted addressed Council on this item. He explained that the realignment of Kirby Street was identified as P3 in the 1999 Bond Program and included reconstruction of the roadway to a 4-lane divided section from the intersection of Birmingham Ave east to the intersection of Ballard Ave. and Stone Rd. He stated that the purchase of one right-of-way parcel has not been finalized; however, the City has acquired a right-of-entry, which will allow the project to be constructed. Mr. Holsted told Council that a total of four (4) bids were opened for the project with JRJ Paving submitting the low bid in the amount of $618,362.97.

Council Discussion
Councilwoman Allen asked for clarification on the adjusted lower bid. She inquired if the company was in agreement. Mr. Holsted stated that they were in agreement with the adjusted lower bid.

The Mayor inquired if the construction would be completed prior to the next school year. He also inquired about the trees on the current property. Mr. Holsted stated the construction would be complete prior to the next school year and he explained that some trees and foliage has been tagged for removal.

Council Action
Councilman Worley made a motion to approve the award of contract. Councilman Hogue seconded the motion. A vote was taken and passed, 7-0.

3. Hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor (CC) District to Special Use Permit (SUP) for Commercial Amusement, located at 702 Highway 78, being Lot 2A of Block 2 of the Oaks Retail Addition, situated on the east side of S.H. 78 and south of Brown Street, City of Wylie, Collin County, Texas. (Zoning Case 2003-02)

Staff Comments
City Planner, Mr. Claude Thompson, addressed Council on this item. He stated that the applicant is requesting a Special Use Permit (SUP) in order to install and operate an Indoor and Outdoor Commercial Amusement (skating center) in a vacant parcel of an existing retail center. Mr. Thompson explained that the parcel consists of a building of approximately 6,000 square feet and associated parking as well as paved and unpaved open space. He stated the applicant plans to utilize the building for skating, video and other game machines and concessions for food, skates and other products, and to use the outdoor paved area for temporary/movable skateboarding and the grassed area for volleyball. Mr. Thompson stated that thirty-two public comment forms were mailed to property owners with three responding in opposition. Mr. Thompson stated that the Planning and Zoning Commission voted 5-0 to approve the SUP at the March 18, 2003 P & Z Meeting.

Applicant Comments
The applicant, John Mitchell, 2993 E. FM 552, Rockwall, Texas, addressed Council. Mr. Mitchell explained to Council that he wanted to operate a safe place for kids in Wylie and surrounding areas to spend time and have fun. Mr. Mitchell described to Council some of the equipment that he would be using at the facility, specifically, a professional quality roller-hockey rink for outdoor use.

Council Discussion
Councilwoman Allen corrected the description of the surrounding property stating that the adjacent cemetery was within the Wylie city limits and not unincorporated Collin County.

Councilman Scott inquired if the applicant was the owner of the property or leasing the property. Mr. Mitchell stated that he was leasing the property from the owner, Mr. Terry. Mr. Scott stated several concerns with the proposed development including; the size of the indoor skating rink, children cutting through the property, pavement conditions in the parking lot, type of video games, and screening of the property. Councilman Scott stated that he would prefer fencing of the property in place of live screening.

The applicant stated that the video games would not be age restricted. Councilman Scott inquired if Mr. Terry was the owner of the entire retail property and if the entire parking lot would be repaved. The applicant stated that Mr. Terry was not the only owner. He told Council that there were 4-5 owners of the entire retail center. Mr. Mitchell stated that Mr. Terry has agreed to pave certain areas of the retail center that extend beyond his property.

Councilman Hogue inquired how the traffic would be controlled on the Marble Street access. The applicant stated that the Marble Street access would be barricaded. Mr. Mitchell stated that the barricade should be the City's responsibility. Mr. Thompson clarified that the barricade would be a semi-permanent structure that would be removed if the property was zoned retail in the future. Councilman Hogue inquired if the applicant anticipated providing bleachers in the future for spectators to the outdoor hockey rink. The applicant stated that bleachers would be a possibility. Councilman Hogue also inquired about chain-link fencing surrounding the volleyball court and if the court would be sand. The applicant stated that chain-link fencing would be provided. He stated that the court would not be sand due to a possible basketball court in the future.

Councilman Worley inquired about the parking being sufficient for the proposed use. He also asked if barricading Marble would be a fire hazard. Staff stated that the proposed parking was sufficient and that closing Marble would not create a fire hazard.

Mayor Mondy expressed concerns with proper lighting on the property and fencing on the residential alley side. The applicant stated that the lighting provided would be directed lighting. Mr. Mitchell also stated that he intended to be a good neighbor by limiting hours of operation and providing a safe facility.

Councilman Scott stated that the City should be responsible for the barricading of Marble Street. Councilman Trout concurred. Councilman Trout expressed concern with fencing the property and shielding the residential area.

Councilman Young expressed concern with being able to properly light the property for security without disturbing the adjacent residential area.

Councilman Scott asked Staff for clarification on the SUP restrictions and whether the stipulations were only for this proposal or if they would apply to a future owner. Mr. Thompson stated that the SUP stipulations could be established by Council and adjusted for future owners.
The Mayor asked for a recess at 7:05 and was excused during the Public Hearing to attend another engagement. Mayor Pro Tem opened the Public Hearing at 7:10.

Public Hearing

Name not available - male teen spoke in favor of proposed skate center.

David Hinton -spoke in favor of proposed skate center.

Name not available - female youth leader for New Hope Christian Church spoke in favor of proposed skate center.

Richard Leach - spoke in favor of skate center.

Lorn Carroll - spoke in favor of skate center.

Carolyn Saunders - spoke in favor of skate center.

Barbara Coons - spoke in favor of skate center.

Jessica Ray - spoke in favor of skate center.

Kara Stephens - spoke in favor of skate center.

Mayor Pro Tem Worley closed the Public Hearing with no further participants. Mayor Pro Tem Worley called a recess at 7:50. Mayor Mondy rejoined the meeting and resumed the meeting at 7:55.

Council Action
Councilman Scott made a motion to approve the SUP with the following stipulations; 1) 6 ft. wood fencing on South side of property continuing east and along side the East property line; 2) live screening (beginning at 3 ft. high and maturing to a minimum of 6 ft) starting at the current live screening on the South side of the property and continuing to the required fence line where grassy area begins; 3) applicant may begin outdoor use prior to live screen maturing; and 4) the City will provide barricade from Marble Street access. Councilman Hogue seconded the motion. A vote was taken and passed, 7-0.

Ordinance No. 2003-07 was read into the record.

In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Act), Section 551.074, Personnel Matters; closed meeting, Contracts for the Assistant City Manager and the City Manager.

Council adjourned to Executive Session at 7:45 p.m. with City Manager and Assistant City Manager present.

Take any action as a result of the Executive Session.

Council reconvened into Open Session at 9:19 p.m.

Council Action
Councilman Scott made a motion to approve Assistant City Manager's contract as stated and to increase City Manager's severance at 20% per year. Councilman Worley seconded the motion. A vote was taken and passed, 7-0.

Council adjourned at 9:20 p.m

________________________________
John Mondy, Mayor

ATTEST:

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City Secretary

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