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09-27-1994 (City Council) Agenda Packet • • • • • Wylie City Council Meeting September 27, 1994 WylIe CitCity C unC II Agenda at a Glance for September 27 1994 fire 'Prevention Week 4W11 Week Resolution 1994 Uniform Plumbing Code Ordinance Closing Dog Crop Lane Public Tearing on Zone Change - ,'R ' to "B_Z Public Hearing on Zone Change "b-2" to "r' Ordinance Re: TCl Cable Rates Sid for General Liability Insurance Appointment of City Attorney Park S RQc Facilities Development Corp Appointments —iiiiiiimiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiNitil Worksession Wylie City Coun i Agenda Communication for September 2 7, 19 ►4 Minutes Qf August 23 and September I13 Wylie City Council nforr peme Resolution Declaring Fire Prevention Week in Wylie ISSUE The week of October 9th is Fire Prevention Week nationwide and the Wylie Fire Department has every year also developed fire safety and prevention activities during this annual event. The resolution before you will establish Fire Prevention Week in Wylie. BACKGROUND The Fire Department has scheduled many events during Fire Prevention Week including a poster contest in the fourth and fifth grades to be judged by city officials and shown on the Channel 5 Weather "bus stop" segment of the morning news during fire prevention week. Fire prevention will be taught in the schools that week as well. Kindergarten through third grade will receive fire prevention literature, third through fifth graders will watch a fire prevention and safety video, and second graders will practice escaping from a fire in a "bedroom mock-up" to be built by the Fire Department. Preschoolers will be visited by a fire engine and encouraged to recognize firefighters as well as learn basic rules for surviving in a fire. The entire month of October will include home inspections, upon request, to help occupants identify dangers in the home. Fire station tours are being offered and an "Open House" is scheduled for October 15th for kids and adults to get a closer look at the fire equipment and enjoy refreshments with the Fire Department personnel. CPR classes will also be conducted during the month of October in conjunction with Fire Prevention month. STAFF RECOMMENDATION Staff recommends that Council approve the resolution declaring Fire Prevention Week in Wylie. ATTACHMENTS Resolution IT/di/.41--41-- ''' '2 Ptep aredab ,4pptoved by ' N'yl a City Council 0 genda c mm nicatlon for SQPt ember 27, 1994 LI -ImilimIlmo....mmomomomommimmmommi=mi Resolution Declaring 4-H Week in Wylie ISSUE The week of October 2nd is 4-H Week nationwide and the Wylie 4-H Club has requested a Wylie designation as well. The resolution before you will establish 4-H Week in Wylie. BACKGROUND Tuesday night there will be several members of the Wylie 4-H Club present as Council adopts the resolution. We've also prepared individual certificates for presentation to the students who attend. STAFF RECOMMENDATION Staff recommends that Council approve the resolution declaring 4-H Week in Wylie. ATTACHMENTS Resolution r to aced by ' flpptoved by P p wyi a city council4 Agenda ta►mmunicaton for Sep#¢mb¢r �, 1994 Consider Approval of an Ordinance Adopting the 1994 Uniform Plumbing Code Summary The purpose of this code is to protect the public health, safety, and welfare by providing minimum requirements and standards for the erection, installation, alteration, repair, relocation, replacement, addition to, use or maintenance of plumbing systems within this jurisdiction. Background The Uniform Codes are reviewed and revised every three years. The 1994 Edition of the Uniform Plumbing Code was released this summer. The provisions of this code shall apply to the erection, installation, alteration, repair, relocation, replacement, addition to use or maintenance of any equipment or systems previously mentioned in the summary. Financial Considerations Three copies of the Uniform Plumbing Code were obtained at cost of $140.25. This expenditure will provide us with the most up to date version of this code for the next three (3) years. Legal Considerations The adoption and enforcement of the current model codes can only reduce the jurisdictions liability. Board/Commission Recommendations No recommendation is necessary from the Construction Code Review Board. Their role is to serve as an appeal board to individuals protesting certain provisions and construction code requirements. Staff Recommendations Staff recommends adoption of the Uniform Plumbing Code, 1994 Edition with an effective date of January 1, 1995. The delayed effective date will allow not only builders but staff to become more familiar with the new format incorporated into the 1994 Edition. Attachments-Proposed ordinance and amendments. W(D - —�loved prepared By 7�pP By Wylie City Council Agenda Communication for Saptamb►ar 27, 1994 # Public Hearing and Ordinance Closing Dog Drop Lane' ISSUE Council needs to take formal action by ordinance to close Dog Drop Lane. While this is relatively a non-issue, we were not able to put it on the Consent Agenda due to the public hearing and publication requirements in the statute regarding road closures. BACKGROUND The North Texas Municipal Water District (NTMWD) conveyed the City a tract of real estate sometime in 1993. Part of the consideration for the conveyance was that the City agreed to close Dog Drop Lane. Although Dog Drop has been effectively closed by the NTMWD construction, the City has yet to take formal action on the closure. STAFF RECOMMENDATION Since this is basically a cleanup item, staff recommends approval. ATTACHMENTS Ordinance Closing Dog Drop Lane Ptepated by flpptoved by Wylie City Council Agenda Com inkation for September 27. 1994 # m Hold Public jeering and Consider Approval of an Ordinance Enacting a Zone Chnge from "R!' Retail to 1B-2"'Business District Summary A request was made by Reginald L. Warren for a "Zone" change at 101 W. Butler, and further _ described as Lots 9A& 10, Block 34 of the Railroad Addition. If approved this would change the current zoning from "R" to "B-2" thus allowing Mr. Warren to erect a Quick Lube and Oil Center. Background This property was recently rezoned from "SF-3" to "R" at the request Bertha Howery and Don Kreymer. There was no problem with the previous request and I have no reason to object to this current request because our Zoning Ordinance specifically sets out separation requirements between the "B-2" Business district and any Residential district through screening. In addition this property is in the immediately proximity of the Hwy 78 expansion and would conform to the guidelines set out in our Comprehensive Plan. Financial Considerations Increased tax base. Legal Considerations The request was made for "B-2" but the service center could be located at this site with a "B-I" zoning. This would restrict the likelihood of a full service Auto Repair Garage or Body Shop being located at this site. Board/Commission Recommendations The Planning and Zoning Commission voted unanimously on September 19, 1994 to approve the request by Mr. Warren. Staff Recommendations Staff has no justification to oppose this request and recommends approval, but would like to see this request reduced to "B-1". Attachments-Proposed ordinance and P&Z minutes. <- W.1 Ptepated By Approved By MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on September 19, 1994, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman, Bart Peddicord, Vice-Chairman, Mike Hawkins, John Crowe, Stuart Allison, and Rich Eckman. New member Tim Owen attended but has not been sworn in yet. ABSENT: Cecilia Wood, excused. STAFF MEMBERS PRESENT: Building Official, Russell Wyman and Secretary, Kirsten Fresh. ACTION ITEM ITEM NO. 1: Consider approval of the Minutes from August 1, 1994 Regular Business Meeting. A motion was made by Mike Hawkins and seconded by Rich Eckman to approve the Minutes as submitted. Motion carried, all in favor(5 votes). PUBLIC IIEARING ITEM NO. 2: Discuss and consider a request for a Zone change at 101 W. Butler from "R" (Retail) to "B2" (Business). Reg Warren, of 2405 Westridge in Plano, is the prospective buyer and spoke in favor of the zone change. Only questions from the Board regarded screening since one side of this property will be adjacent to a residential district. Mr. Wyman, the Building Official, stated that the ordinances did have provisions in the B2 district to ensure that screening would be in place. A motion was made by Stuart Allison and seconded by Mike Hawkins to recommend to the City Council for approval of this zone change request. Motion carried, all in favor (5 votes). ITEM NO. 3: Discuss and consider a request for a Zone change of the northern half of tract 12, of the D. Strickland Survey, Abstract 841 from "B2" (Business) to "I" (Industrial). Mr. Wyman explained where the tract of land is located and that this is the tract Universal Wire, out of Garland, is relocating to and will be developing an industrial park. Everyone was familiar with the current proposal and had no questions. A motion was made by Mike Hawkins and seconded by Rich Eckman to recommend to the City Council for approval of this zone change request. Motion carried, all in favor (5 votes). ADJOURN: A motion was made by John Crowe and seconded by Rich Eckman to adjourn. Motion carried, all in favor (5 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: Bart Peddicord, Chairman Kirsten Fresh, Secretary Wylie Coon it Agenda Communication for September 27. 1994 Hold Public Nearing and Consider Approval of an Ordinance Enacting a Zone Chnge from " -2" Business District to "I" B industrial Summary A request was made by The Wylie Development Corporation a "Zone" change of the northern half of Tract 12 of the D. Strickland Survey, Abstract 841, bound on the east by Sanden Blvd. and on the north by County Road 297. If approved this would change the current zoning from "B-2" to "I" (Industrial). Background This is the proposed industrial park that will be home to Universal Wire. This rezoning will provide for industrial "Uses" and the possibility of a premier Industrial Park on the entire 47 acre tract. This area is at or adjacent to a section which has been designated as open space on our Comprehensive Plan. But, considering the present zoning and the proximity to other industrial " Uses", this zone change would conform to the guidelines set out in our Comprehensive Plan. Financial Considerations Increased tax base. Legal Considerations Cannot foresee any legal conflicts. Board/Commission Recommendations The Planning and Zoning Commission voted unanimously on September 19, 1994 to approve the request by The Wylie Development Corporation. Staff Recommendations Staff recommends approval. Attachments -Proposed ordinance and P&Z minutes. lc.) ptepated By ,4pptoved By MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on September 19, 1994, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman, Bart Peddicord, Vice-Chairman, Mike Hawkins, John Crowe, Stuart Allison, and Rich Eckman. New member Tim Owen attended but has not been sworn in yet. ABSENT: Cecilia Wood, excused. STAFF MEMBERS PRESENT: Building Official, Russell Wyman and Secretary, Kirsten Fresh. ACTION ITEM ITEM NO. 1: Consider approval of the Minutes from August 1, 1994 Regular Business Meeting. A motion was made by Mike Hawkins and seconded by Rich Eckman to approve the Minutes as submitted. Motion carried, all in favor(5 votes). PUBLIC HEARING ITEM NO. 2: Discuss and consider a request for a Zone change at 101 W. Butler from "R" (Retail) to "B2" (Business). Reg Warren, of 2405 Westridge in Plano, is the prospective buyer and spoke in favor of the zone change. Only questions from the Board regarded screening since one side of this property will be adjacent to a residential district. Mr. Wyman, the Building Official, stated that the ordinances did have provisions in the B2 district to ensure that screening would be in place. A motion was made by Stuart Allison and seconded by Mike Hawkins to recommend to the City Council for approval of this zone change request. Motion carried, all in favor (5 votes). ITEM NO. 3: Discuss and consider a request for a Zone change of the northern half of tract 12, of the D. Strickland Survey, Abstract 841 from "B2" (Business) to "I" (Industrial). Mr. Wyman explained where the tract of land is located and that this is the tract Universal Wire, out of Garland, is relocating to and will be developing an industrial park. Everyone was familiar with the current proposal and had no questions. A motion was made by Mike Hawkins and seconded by Rich Eckman to recommend to the City Council for approval of this zone change request. Motion carried, all in favor (5 votes). ADJOURN: A motion was made by John Crowe and seconded by Rich Eckman to adjourn. Motion carried, all in favor(5 votes). Chairman Peddicord adjourned the meeting. Respectfully Submitted: Bart Peddicord, Chairman Kirsten Fresh, Secretary Wylie City Council jeLit] Agenda Communication for September 27. 1994 Discuss and Consider Approval of an Ordinance Making Findings Regarding Changes and Fags of ICI Cabiavision ISSUE The purpose of this item is to consider an ordinance making certain findings and with regard to the charges and fees of TCI Cablevision; and issuing orders in accordance with such findings and conclusions pursuant to the Cable Consumer Protection and Competition Act (CABLE ACT) of 1992, repealing all conflicting ordinances; containing severability clause; and, providing for an effective date. BACKGROUND The Cable Act of 1992 established a process of reviewing the Cable Industry that affected every local government in the country, including the City of Wylie. A provision of the 1992 Cable Act allows an expanded regulatory role for local governments. An Ordinance adopting Federal Communications Commission (FCC) regulations was adopted on 11/9/93 by the Wylie City Council establishing this local role. First Southwest Company was hired to assist the city in it's review of TCI Cablevision of North Texas, Inc. (TCI). The purpose of First Southwest's evaluation of the cable operator's schedule of rates is to assist the city in making a determination as to the reasonableness of the rates requested by TCI for the basic service tier and accompanying equipment charges under the Federal Communications Commission (FCC) rate standards. Rate standards for all specific charges, referred to as "price benchmarks", were established by the FCC and were based on numbers of subscribers and numbers of channels. This would enable like comparisons, or an apples to apples, to made among different systems. The benchmarks established the maximum allowable rate of return (profit) for the cable operator. Simply explained, an initial analysis has been completed. This first analysis was performed in accordance with the FCC Form 393 and compared rates against the FCC benchmark between 9/1/93 and 7/14/93. A disagreement among the cable industry, Congress, and the cities (represented by consultants such as First Southwest Company), developed after the Form 393 analysis was completed regarding the most appropriate methodology to be used to calculate various charges. Changes were agreed to by all parties that resulted in the development of what is called a Modified Form 393. An Modified Form 393 analysis has now been completed and reviews rates from 9/1/93 to 7/14/93. Adoption of this ordinance will serve to formally accept the analysis submitted by First Southwest Company, as required by FCC Regulations. The results of which are to be used as a basis for approval of the 1995 TCI Cablevision Rate request. ptepated By flpptoved By A calculation of rates from 7/15/94 to Present has been completed in accordance with Form 1200. This analysis will be presented for city review in October. However, a review of the Rate Analysis Chart (attachment B) will show that TCI adjusted their rates in anticipation of any regulatory actions being taken by the local government. FINANCIAL CONSIDERATIONS The conclusions of the analysis would be whether the cable subscribers in Wylie were to receive any money back, referred to as a "refund liability" from TCI Cablevision. The refund would be calculated comparing the actual rate charged to customers for each specific service and equipment and what the benchmark rate established by the FCC allowed. A review of the Rate Analysis worksheet under the title Change in Rates from Prior 9/93 to Mod 1200 shows the actual rate reductions experienced by Wylie cable subscribers that has occurred as a result of the cable industry review. It might be recalled that TCI Cablevision, as well as other cable operators, shifted the station mix between the Basic Service and Expanded Basic Service. Thus, there is not as significant a cost reduction from prior to 9/93. The rate reductions can be found more pronounced in what is charged for the equipment (converter, remote), and installation and service calls. The conclusion of the analysis is that no refund liability is owed to Wylie subscribers. The basis for this conclusion is that after a exhaustive review of all data, TCI Cablevision did not collect in total revenues what the maximum charges could have allowed. While Wylie's Basic Service Tier rate was higher, the net charges for all services was below the benchmark levels. The first rate reduction, after the Form 393 review was completed, resulted in a 10% reduction. A second rate reduction of 7% occurred after the Form 1200 review. The total reduction since prior to 9/93 is 17%. The ordinance would establish the following rate structure for TCI: An initial rate for the basic service tier of $9.81; $25.00 as it's hourly service charge; Leased customer equipment as follows: Remote - $0.21; Standard Converter - $1.17; Addressable Converter - $2.81. LEGAL CONSIDERATIONS All actions requested to be taken by the City Council are pursuant to current Federal Communications Commission regulations. STAFF RECOMMENDATION Staff recommends adoption of a resolution approving the ordinance. ATTACHMENT Ordinance, Rate Analysis Worksheet (Prepared by TCI and reviewed by First Southwest Company). wy City council Agenda Communication for September 27, 1994 Consider award of Bid for General Liability Insurance 'Coverage ISSUE Proposals have been solicited to provide the City with Property and General Liability Insurance Coverage. Council is requested to discuss and consider approval and acceptance of one of the submitted proposals. BACKGROUND The City's property and general liability insurance is currently provided by Reliance Insurance Company through arrangement with Wylie Insurance Agency. The effective renewal date of this policy is October 1, 1994. Competitive proposals have been solicited and received for identical coverage as provided by the existing policy. The quoted annual premiums are as follows: Texas Municipal League $22,429.00 Reliance Insurance $25,272.00 Union Standard Insurance $37,840.00 American States Insurance $39,219.00 The premium for this coverage in fiscal '94 was $29,832.00 and a similar expenditure was projected for the fiscal '95 budget. The TML Intergovernmental Risk Pool provides property and liability coverage through a joint self-insurance fund augmented by excess reinsurance purchased from commercial insurance carriers. Other pool members in this area include Sachse, Rockwall, Terrell, Rowlett, Mesquite, et al. Those contacted have commented favorably on the TML coverage. RECOMMENDATION Staff recommends that Council accept the proposal from The Texas Municipal League to provide Property and General Liability Insurance through the TML Intergovernmental Risk Pool. The term of the policy will be October 1, 1994 through September 30, 1995. 0L CoM, Prepared by Approved by Wylie City Council #100 Agenda Communication for SQp�t¢mbQr 27, 1994 -•••••••■••••••• •=mommlmmIli Appointments to Parks and Recreation Facilities Development Corporation ISSUE The purpose of this item is consider appointments to the seven (7) member Board of Directors to the Wylie Parks and Recreation Facilities Development Corporation. BACKGROUND The By-laws of the Wylie Park and Recreation Facilities Development Corporation establishes that the property and affairs of the Corporation shall be managed and controlled by a Board of Directors under the guidance and direction of the Wylie City Council. The By-laws establishes that the Board will consist of four (4) City Council members and three Citizen members. The Citizenmember appointees will include at least one member from the Park and Recreation Board, and one from the Library Board. All must be residents of the City of Wylie. Any director may be removed from office by the City Council at will. Terms of office shall be two (2) years with the right of any officer to be reappointed. All officers shall be subject to removal from office at any time by vote of a majority of the city council. FINANCIAL CONSIDERATIONS Directors shall not receive any salary or compensation for their services as directors. However, they shall be reimbursed for their actual expenses incurred in the performance of their official duties as directors. LEGAL CONSIDERATIONS The City Council approved a resolution adopting the Articles of Incorporation for the Wylie Park and Recreation Facilities Development Corporation on June 14, 1994. By-laws for the Corporation were approved by Resolution by the City Council on September 13, 1994. The Corporation will be required to approve it's By- laws at their first meeting. This meeting will be tentatively scheduled for October. ATTACHMENT(S) Lists: Park and Recreation Board members, Library Board members In ______ P�epaedIQ-- e-OEL'ifit4. By J4.pptoved By