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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. Minutes September 14, 2010 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 Minutes September 14, 2010 Wylie City Council Page 2 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. MAIILVa 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 Page 3 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) Minutes September 14, 2010 Wylie City Council Page 4 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 MAIINgla 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 Page 5 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. Minutes September 14, 2010 Wylie City Council Page 6 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: , ' ,w%Ji tuber 14, 2010 ie City Council Page 7 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. tot OF , A•_I ea `� sr r~'` -r' e, Mayo r er.;(4 ire ATTEST:__./g1/4 r- (� Carole Ehrlich, Ci ecretary E= 1 Minutes Sep 4411 Wylie City '.�,•�.: .. Page 8