09-14-2010 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, September 14, 2010 — 6:00 p.m.
Wylie Municipal Complex—Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:00 p.m. with the following Wylie City Council
members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman
David Goss, Councilman Carter Porter, Councilman Rick White, and Councilman Bennie Jones.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; Police Chief, John Duscio; Finance
Director, Linda Bantz; Library Director, Rachel Orozco; Public Services Director, Mike Sferra;
Human Resource Manager, Lynn Fagerstrom; WEDC Executive Director, Sam Satterwhite; City
Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Fire Chief Corbin gave the invocation and Police Chief Duscio led the Pledge of Allegiance.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
Don Hallum, representing the Wylie senior citizens addressed council explaining that a 5013C
named WASA, Incorporated was established to assist the City in the redesign of the current
Smith Public Library for a senior center.
Pam Wells (Wylie Flower Shop) and Bobby Heath, both representing the Wylie Downtown
Merchants Association thanked council for their continued support of the downtown merchants
and their endeavors.
Mary Price, residing at 209 Spence, Wylie, Texas, addressed council regarding the approval of
the Race Trac to be located near her residence. She asked council to reconsider the zoning
"'® case.
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Wylie City Council
Page 1
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the August 24, 2010 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, approving a request for the Wylie Citizen's Police Academy
Alumni Association to sell items at Olde City Park on Tuesday, October 5, 2010
during National Night Out. (R. Diaz, Recreation Supervisor)
C. Consider, and act upon, approving a request for the Wylie Women's League to hold
a craft fair and sell items at Olde City Park on Saturday, November 13, 2010. (R.
Diaz, Recreation Supervisor)
D. Consider, and act upon, Ordinance No. 2010-15 amending the zoning from
Agricultural 30 (AG/30) District to Commercial Corridor (CC) District, generally
located at the northeast corner of S.H. 78 and E. Brown Street. ZC 2010-03
(R. 011ie, Director of Planning)
E. Consider and act upon, Resolution No. 2010-29 authorizing the City Manager to
execute an Interlocal Agreement with the City of Fate for dispatch services for a one
year term beginning October 13, 2010, annually renewable at cost plus
administrative fees. (R. Corbin, Fire Chief) —
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to approve the
consent agenda as presented. A vote was taken and the motion passed 7-0.
Mayor Hogue recessed the Wylie City Council Meeting at 6:10 p.m.
RECESS CITY COUNCIL
CALL TO ORDER
PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION
Mayor Hogue convened the Wylie Parks & Recreation Facilities Development Corporation at
6:10 p.m. Board members present included: Eric Hogue, Rick White, Bennie Jones, Kathy
Spillyards and Shirley Burnett. Board members Anne Hiney and Dan Chestnut were absent.
General Business
1. Consider, and act upon, approval of the Minutes from the September 8, 2009
Special Called Meeting of the Wylie Parks and Recreation Facilities Development
Corporation (4B). (C. Ehrlich, City Secretary)
4B Board Action
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Wylie City Council
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A motion was made by board member White, seconded by board member Jones to approve the
4B minutes of September 8, 2009 as presented. A vote was taken and the motion passed 5-0
with board members Hiney and Chestnut absent.
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2. Consider, and act upon, approval of the FY2010-2011 4B Budget and authorize
expenditures for the FY 2010-2011 Community Services Facilities Capital
Improvement Plan. (L. Vaughan, Finance Director)
4B Board Action
A motion was made by board member White, seconded by board member Spillyards to approve
the FY 2010-2011 4B Budget and authorize expenditures for the FY 2010-2011 Community
Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 5-0 with
board members Hiney and Chestnut absent.
3. Consider, and act upon, the appointment and/or reappointment of the Wylie Parks
and Recreation Facilities Development Corporation (4B) Officers and appoint a
Chair and Vice Chairman from its board members for a term beginning January 1,
2011 and ending December 31,2012. (C. Ehrlich, City Secretary)
4B Board Action
A motion was made by board member Jones, seconded by board member Spillyards to appoint
Eric Hogue, Chair; Anne Hiney, Vice Chair; Mindy Manson, President; Jeff Butters, Vice
President; Linda Bantz, Treasurer; and Carole Ehrlich, Secretary of the Wylie Parks and
Recreation Facilities Development (4B) Corporation for a term beginning January 2, 2011 and
ending December 31, 2012. A vote was taken and the motion passed 5-0 with board members
Hiney and Chestnut absent.
ADJOURN
With no further business before the Wylie Parks and Recreation Facilities Development
Corporation (4B) a motion was made by board member Burnett, seconded by board member
Spillyards to adjourn the meeting at 6:15 p.m. A vote was taken and the motion passed 5-0 with
board members Hiney and Chestnut absent.
RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL
Mayor Hogue reconvened the Wylie City Council into open session at 6:15 p.m.
REGULAR AGENDA
General Business
1. Consider, and act upon, Ordinance No. 2010-16 of the City Council of the City of
Wylie, Texas, ("city") approving a negotiated resolution between the Atmos Cities
Steering Committee ("ACSC" or "Steering Committee") and Atmos Energy Corp.,
Mid-Tex Division ("Atmos Mid-Tex" or "Company") regarding the company's
third rate review mechanism ("RRM") filing in all cities exercising original
jurisdiction; Declaring existing rates to be unreasonable; Requiring the company to
Minutes September 14, 2010
Wylie City Council
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reimburse cities' reasonable ratemaking expenses; Adopting tariffs that reflect rate
adjustments consistent with the negotiated settlement and finding the rates to be set
by the attached tariffs to be just and reasonable; Approving Atmos Mid-Tex's proof
of revenues; Extending the RRM process for two cycles and adopting a new RRM
Tariff; Ratifying the settlement agreement, including cost recovery for a steel
service line replacement program; Adopting a savings clause; Determining that this
ordinance was passed in accordance with the requirements of the Texas Open
Meetings Act; Declaring an effective date; and requiring delivery of this Ordinance
to the Company and the Steering Committee's legal counsel. (M. Manson City
Manager)
Staff Comments
City Manager Manson addressed council stating that The City of Wylie, along with approximately 148
other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of
the Atmos Cities Steering Committee ("ACSC" or "Steering Committee"). On or about March 15, 2010,
Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate
Review Mechanism ("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex
2007 Statement of Intent to increase rates. This is the third RRM filing under a three year experimental
program.
Manson explained that Atmos Mid-Tex RRM filing sought a $70.2 million dollar rate increase. The City
worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its
request. The Ordinance and attached rate and RRM tariffs are the result of negotiations between ACSC
and the Company to resolve issues raised by ACSC during the review process. The Ordinance authorizes
an increase in the Company's base rate of $27 million effective for bills rendered on or after October 1,
2010. Additionally the Ordinance authorizes supplemental revenue of $3.4 million to be recovered
through the customer charge component of rates to cover direct costs associated with a steel line
replacement program. She reported that the average bill impact for residential customers will be $1.40 or
3.15% increase in the overall bill.
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to adopt Ordinance
No. 2010-16 of the City of Wylie, Texas approving a negotiated resolution between the Atmos
Cities Steering Committee (ACSC) and Atmos Energy Corp., Mid-Tex Division regarding the
company's third rate review mechanism (RRM) filing in all cities exercising original jurisdiction;
declaring existing rates to be unreasonable; requiring the company to reimburse cities'
reasonable ratemaking expenses; adopting tariffs that reflect rate adjustments consistent with
the negotiated settlement and finding the rates to be set by the attached tariffs to be just and
reasonable and all other requirements of the agreement, thereto. A vote was taken and the
motion passed 7-0.
2. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance
2006-04, Article 5, Section 5.1.D (Office), 5.1.E (Recreational, Entertainment, and
Amusement), 5.1.F (Retail, Personal Service & Commercial), and 5.1.J (Accessory
Uses); allowing for and providing certain safeguards and parking requirements
relating to office, amusement, and retail and accessory uses, specifically Financial
Institutions, Commercial Amusement, Car Washes and Home Occupations.
(R. 011ie, Planning Director)
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Wylie City Council
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Staff Comments
Planning Director 011ie addressed council stating that in researching permitted uses associated with
office, retail, personal services and commercial uses, and where such uses are located throughout the
city, including parking requirements for various indoor commercial amusement facilities, staff offers
several amendments in an effort to better streamline and quantify certain use categories. Specific uses
researched include financial institutions, car washes, commercial amusement or recreation, inside, and
home occupations. The elements that are surrounded by these type uses need to be specifically
addressed. High volume traffic areas need some oversight.
Ms. 011ie reviewed changes to Section 5.1D Office; changes include specifying "stand alone" ATM's as
alternative financial institutions and financial institutions with and without drive through access. She
explained that an ATM located on the same lot with a financial institution would not be considered
alternative facilities.
Section 5.1E Recreation, Entertainment and Amusement were divided into a. Low-Density and b. High
Density subsections and parking requirements would differ with each depending on the use.
Section 5.1F Retail Proposed amendments would place additional provisions to safeguard site design,
including but not limited to:
1. All washing facilities shall occur under a roofed area with at least two walls;
2. Limit where vacuuming and detailing takes place on the site;
3. Distance from the building to a residential district line;
4. Implement provisions to construct a permanent screening fence or wall not less than six feet in
height along any site property line which abuts a residential district.
5. Require all car wash uses to seek approval through an SUP.
Section 5.1J Accessory Uses, 9. Home Occupations; Ms. 011ie explained this section was currently very
restrictive in language pertaining to home occupations and does not allow customers to retrieve
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previously purchase items from the business owner's residence. As written this does not allow pickup of
items such as cosmetics, dandles, firearms, and books from a home business.
Planning Director 011ie explained the intent was not to simply make this an open-ended market where
residential neighborhoods would begin to resemble commercial districts. Certain safe-guards are
proposed to insure that residential neighborhoods continue to maintain a residential character and not
allow an over-abundance of traffic that is not customarily associated with single family dwelling areas.
The amended section would read: "sales from orders previously made by telephone, internet or at a
previously held-off-site sales party may be filled on the premises."
011ie noted that the commission additionally eliminated the clause that all employees shall be members
of the resident family and shall reside on the premises. The commission voted to replace the clause
with No more than 3 additional employees on the premises who need not be residents of the
premises. Planning Director 011ie reported the Planning commission voted 6-1 for approval of the
amended changes to these sections.
Public Hearing
Mayor Hogue opened the Public Hearing on Item #1 at 6:50 p.m. asking anyone wishing to
address council on this item to come forward and keep their comments to three minutes.
Steve Wright, residing at 113 N. Winding Oaks Drive, Wylie, Texas, addressed council in favor of
all the proposed amendments.
Rod McCoy, residing at 106 N. Cottonbelt, Wylie, Texas, addressed council in favor of all the
proposed amendments.
With no one else wishing to address council Mayor Hogue closed the public hearing at 6:58 p.m.
Minutes September 14, 2010
Wylie City Council
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Council Discussion
Council members Jones, Spillyards, Byboth, Porter and Mayor Hogue stated concerns with
regard to Section 5.1.J Accessory Uses, 9. Home Occupations and the recommendation to
allow additional employees in the home that reside outside the residence. They also voiced
concerns with the change in allowable square feet for home business use from 10% to the
recommended 49%. Councilman Jones stated that there were issues already with regard to
residential property owners using exterior garage space for commercial auto repair. He stated
that if there were multiple employees working in a home that was a business, not a home
occupation.
Councilwoman Spillyards asked how the city could possibly police these recommendations.
Planning Director 011ie replied that code enforcement would be charged with providing
enforcement based on complaints by adjacent property owners.
Councilman White stated that he owned a home business but his business was operated by
residents of the property. He suggested lowering the number of "outside the residence"
employees.
Councilman Goss stated that he had concerns with limiting any activity with regard to home
business on personal property. He stated he was very concerned moving in the direction of
limiting home businesses from conducting business practices such as limiting merchandise
pick-up from a home business.
Mayor Hogue suggested tabling Section 5.1.J Accessory Uses, 9. Home Occupations to allow
some time for the Planning and Zoning Commission and the Wylie City Council to conduct a
work session to further examine these amendments. �.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Jones to approve
amendments to Section 5.1 D (Office), Section 5.1E (Recreation, Entertainment & Amusement),
and Section 5.1 F (Retail) of Zoning Ordinance 2006-04, Article 5, and table Section 5.1 J
(Accessory Uses), 9. (Home Occupations) for further review. A vote was taken and the motion
passed 7-0.
General Business
3. Consider, and act upon, Ordinance No. 2010-17 adopting a budget and
appropriating resources for Fiscal Year 2010-2011, beginning October 1, 2010, and
ending September 30, 2011. This ordinance also authorizes approval of the FY 2010-
2011 4B Budget and authorizes expenditures for the FY 2010-2011 Community
Services Facilities Capital Improvement Plan. (L. Vaughan, Finance Director)
Staff Comments
Finance Director Bantz addressed council stating that the tax rate being proposed for Fiscal Year 2010-
2011 is $0.8989 per$100 of assessed valuation. The attached summary of all operating and capital funds
includes the budget for the Wylie Economic Development Corporation. The adoption of the FY 2010-2011
tax rate is presented as a separate agenda item.
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Wylie City Council
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Council Action
A motion was made by Councilman White, seconded by Councilwoman Spillyards to adopt
Ordinance No. 2010-17 adopting a budget and appropriating resources for Fiscal Year 2010-
2011 beginning October 1, 2010 and ending September 30, 2011 and approving the FY 2010-
2011 4B Budget and authorizing expenditures for the FY 2010-2011 Community Services
Facilities Capital Improvement Plan. A vote was taken and the motion passed 7-0.
4. Consider, and act upon, Ordinance No. 2010-18 fixing the tax rate/levy for Tax Year
2010 and Budget Year FY 2010-2011 at $0.89890 per $100 of assessed valuation. (L.
Vaughan, Finance Director)
Staff Comments
Finance Director Bantz addressed council stating that the tax rate needed to fund the FY 2010-2011
budget is $0.89890 per $100 of assessed valuation. The tax rate is broken down with $0.60085 being
used for operations and maintenance and $0.29805 being used to fund the General Debt Service Fund.
This tax ordinance will generate levies of$13,194,123 for the General Fund and $6,544,909 for the I & S
Fund. The adopted Fiscal Year 2010-2011 budget requires the support of the ordinance for funding.
Council Action
A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to adopt
Ordinance No. 2010-18 fixing the tax rate/levy for Tax Year 2010 and Budget Year 2010-2011
at $0.89890 per$100 of assessed valuation. A vote was taken and the motion passed 7-0.
5. Consider, and act upon, proposals for employee group health insurance, including
060.014
major medical, dental, term life, accidental death/dismemberment, long term
disability, and prescription drug coverage. (L. Fagerstrom, H.R. Manager)
Staff Comments
Human Resources Manager Fagerstrom addressed council stating that United Healthcare, represented
by Wylie Insurance Agency, has tailored a plan to closely maintain the current level of coverage for the
City of Wylie for medical and dental insurance. The premium rates quoted by United reflect a 24.1%
increase for medical and 8% increase for dental for the term of October 1, 2010 through September 30,
2011. The changes to the plan reflect an increase in annual deductable from $500 to $750 and annual
maximum from $1,500 to $3,000. She reported no benefit changes to the dental, life, or long term
disability plans.
Council Action
A motion was made by Councilwoman Spillyards, seconded by Councilman Goss to approve
the proposed employee group health insurance, including major medical, dental, term life,
accidental death/dismemberment, long term disability, and prescription drug coverage. A vote
was taken and the motion pas,§e4 110. 4,6
Mayor Hogue convened into'tiospression relying the caption below at 7:34 p.m.
EXECUTIVE SESSION t
Recess into Closed Session in compliancOvith Sectin 551.001, et.seq. Texas Government Code,
to wit: ,
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ie City Council
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Section 551.087 (Economic Development Negotiations) of the Local Government Code,
Vernon's Texas Code Annotated (Open Meetings Act).
• Recess into Closed Session in compliance with Section 551.087 of the Texas __..
Government Code, in order to deliberate regarding commercial or financial information
that the city has received from a business prospect and to deliberate the offer or other
incentives to a business prospect.
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific
exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those
exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive
Session, will be taken and recorded in open session.
Mayor Hogue convened into Open Session at 7:55 p.m.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
There was no action taken as a result of Executive Session.
WORK SESSION
• Discussion regarding CWD rate increase request.
Assistant City Manager Jeff Butters addressed council stating that Community Waste Disposal -~-°
was requesting a slightly higher annual market adjustment. The rate increase was due in part to
increasing fuel prices and the City of Garland landfill rate increase.
ACM Butters reported that very few complaints had come to the city regarding service quality
and asked council for direction regarding the request.
Council direction was to bring back a proposed rate fee amendment for consideration as a
future agenda item for further discussion and consideration.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
Porter, seconded by Councilman White to adjourn the meeting at 8:14 p.m. A vote was taken
and the motion passed 7-0.
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Minutes Sep 4411
Wylie City '.�,•�.: ..
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