02-14-2012 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, February 14, 2012 — 6:00 p.m.
Wylie Municipal Complex— Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call
with the following City Council members present: Mayor Pro Tern Red Byboth (arrived at 7:00
p.m.), Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White,
Councilman David Goss, and Councilman Bennie Jones.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police
Chief, John Duscio; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; Planning
Director, Renae' 011ie; Public Services Director, Mike Sferra; WEDC Executive Director, Sam
Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various
support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Jeff Johnson of the Gateway Church gave the invocation and Pledge of Allegiance.
PRESENTATIONS
* Presentation of Junior Mayor for the Day. (E. Hogue, Mayor)
Mayor Hogue introduced Mayor for the Day Brittanie Henry. Mayor Hogue explained Brittanie
was the daughter of Kristen and Scott Henry. Brittanie had won the silent auction for Dodd
Elementary where she is a student. The winner receives the designation as "Mayor for the
Day." Mayor Hogue reported that Brittanie had taken the student oath of office and would be
presiding along with the mayor during the council meeting. All funds raised from the silent
auction go to the local campus PTA.
• Presentation of Proclamation declaring February 19-25, 2012 as Severe Weather
Awareness Week. (R. Corbin, Fire Chief)
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Wylie City Council
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Mayor Hogue presented a Proclamation designating February 19-25 as Severe Weather -"
Awareness Week. Fire Chief Duscio and Emergency Management Officer Debbie Buccino
were present to accept the Proclamation. Chief Corbin cautioned resident to be aware of the
bad weather months and sign up for Nixle.com which gives local severe weather updates.
« Presentation by the Wylie Baseball Association to the Wylie Parks Maintenance staff.
(Robert Diaz, Parks & Recreation Superintendent)
Lance Wallace, representing the Wylie Baseball Softball Association, presented a plaque to the
Parks and Recreation staff. Mr. Wallace thanked them for keeping the fields in excellent
condition. Those present were: Robert Diaz, Parks and Recreation Supervisor; Dennis Sewell,
Athletic Field supervisor; and crew members Aaron Clampitt, Ryan Shumate, Ron Thompson,
Brent Stowers, and Brandon Webb.
• Presentation by a member of the Collin County Master Gardener Program regarding
a proposal to begin rehabilitation of the surrounding prairies on the Municipal
Complex property. (M. Sferra, Public Services Director)
Public Services Director Mike Sferra introduced Dave Powell representing the Blackland Prairie
Chapter of the Texas Master Naturalists. Mr. Powell addressed council stating that his
organization was requesting to bring back the natural prairie habitat to the areas around the
Municipal Complex. He explained that his organization was made up of volunteers excited to
bring natural prairie lands back to their original state. He noted that some assistance with the
purchase of seeds and other supplies by the city would assist them in completing their
processes. Once seeds are planted, he noted, those seeds can be harvested and planted in
other areas. This would be a multiyear process and would include some nature trails and the
education of the public.
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.
Bobby Heath, 205 Arborview, Wylie, and representing the Downtown Merchants Association gave an
overview of the new Wylie Downtown Merchants Association budget for 2012-2013.
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 January 24, 2012 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2012-03(R) ordering a General Election to
be held on May 12, 2012 for the purpose of electing two (2) City Council members,
Places 2 and 4, to the Wylie City Council to fill expired terms and execution of the
May 12,2012 Notice of Election. (C. Ehrlich, City Secretary) ..
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C. Consider,and act upon,an Election Contract by and between the City of Wylie and
the Rockwall County Elections Administrator for administration of the May 12,
2012 Wylie General Election. (C. Ehrlich, City Secretary)
D. Consider, and act upon, approval of a Preliminary Plat creating 12 commercial lots
on 24.604 acres for the Woodbridge Centre Phase 1 Addition, Block B, Lots 1-12.
Subject property generally located south of F.M. 544 and west of Woodbridge
Parkway. (R. 011ie, Planning Director)
E. Consider, and act upon, approval of a Preliminary Plat for Woodbridge Centre
Phase II Addition, Block A, Lots 1 - 4, a 10.756 acre tract consisting of four lots for
commercial/retail purposes. Subject property being generally located west of
Woodbridge Parkway and Wylie High School and south of FM 544. (R. 011ie,
Planning Director)
F. Review, and place on file, the 2011 Wylie Police Department Annual Traffic
Contact Report. (J. Duscio, Chief of Police)
G. Consider, and act upon, authorizing the City Manager to enter into a
lease/purchase agreement with IBM Credit L.L.C., for the Lease/Purchase of 25
Mobile Data Computers, and 5 year warranty, for the Police and Fire
Departments,at a total cost of$119,385. (J. Butters, Assistant City Manager)
Council Action
A. motion was made by Councilman White, seconded by Councilman Jones to approve the
consent agenda as presented. A vote was taken and the motion passed 6-0 with Mayor pro
tem Byboth absent.
REGULAR AGENDA
Public Hearing
1. Hold a Public Hearing and consider, and act upon, amending the zoning from
Business Government (BG) District to Commercial Corridor (CC) District on
19.100 acres, generally north of FM 544 and approximately 1,700 feet east of
Country Club Road (FM 1378). ZC 2012-02 (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed council stating that the subject lot, located north of FM 544 and east of
Country Club Road is 19.1 acres in size and is part of the larger 260.083 acre tract platted as Wylie Civic
Center Addition. This request is to rezone Lot 4 from Business Government (BG District) to Commercial
Corridor (CC District) to make it suitable for commercial development and to better conform to the
current and future Comprehensive Land Use Plan as well as surrounding properties.
Although part of the larger Municipal Complex tracts, this lot is separated from the Municipal Complex by
a heavily populated tree line as well as the DART railroad. Because of this, Staff feels that this tract is
more suitable for retail/light commercial development as opposed to open space/parkland.
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Understanding the need for additional parks and open space throughout the city, this tract does not fit
the profile for such open space because of its immediate adjacency to a major thoroughfare (FM 544).
The property was purchased from the Wells Family through the issuance of Certificates of Obligation in
2005 and not through the Trust for Public Land. Therefore, the rezoning and potential sale of the
property will not adversely affect the tax-exempt status of the outstanding certificates.
Public Hearing
Mayor Hogue opened the public hearing on Zoning Case 2012-02 at 6:30 p.m. asking anyone
present wishing to address council on this item to come forward and limit their comments to
three minutes.
Anne Hiney, Parks and Recreation Board Chair, addressed council stating that although she
was not in favor of using any of the Wells property where the Municipal Complex sits for any
other use but parkland and nature trails, she however was in favor of this re-zoning because
this piece of land was better suited for commercial use rather than parkland because of its
adjacency to SH 544. She stated that she felt the funds derived from the sale of this property
would also pay down the certificates of obligation outstanding for the land purchase.
Mayor Hogue closed the public hearing on Zoning Case 2012-02 at 6:36 p.m.
Council Action
A motion was made by Councilwoman Spillyards, seconded by Councilwoman Culver to
amend the zoning from Business Government (BG) District to Commercial Corridor (CC)
District on 19,100 acres, generally north of FM 544 and approximately 1,700 feet east of
country Club Road (FM 1378), ZC 2012-02.
General Business
2. Consider, and act upon, approval of Ordinance 2012-06 adopting the Official
Boundary Map of the City of Wylie, Revised May 5, 2011. (R. 011ie, Planning
Director)
Staff Comments
Planning Director 011ie addressed council stating that pursuant to Chapter 41 of the Texas Local
Government Code, a municipality must adopt by Ordinance or Resolution the Official Boundary Map of
the City if its extraterritorial jurisdiction (ETJ) is expanded or reduced. 011ie reported this map will bring
the boundaries and ETJ in conformance with all boundary agreements and annexations.
Council Action
A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve
Ordinance 2012-06 adopting the Official map of the City of Wylie, revised May 5, 2011. A vote
was taken and the motion passed 6-0 with Mayor pro tem Byboth absent.
3. Consider, and act upon, Resolution No. 2012-07(R) suspending the March 6, 2012,
effective date of Atmos Energy Corp., Mid-Tex division ("Atmos Mid-Tex")
requested rate change to permit the city time to study the request and to establish
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reasonable rates; approving cooperation with Atmos Cities Steering Committee
("ACSC") and other cities in the Atmos Mid-Tex service area to hire legal and
consulting services and to negotiate with the company and direct any necessary
litigation and appeals; requiring reimbursement of cities' rate case expenses;
finding that the meeting at which this resolution is passed is open to the public as
required by law; requiring notice of this resolution to the company and ACSC's
legal counsel. (M. Manson, City Manager)
Staff Comments
City Manager Manson addressed council stating that the City, along with approximately 153 other cities
served by Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or"Company"), is a member of the
Atmos Cities Steering Committee ("ACSC" or "Steering Committee"). On or about January 31, 2012,
Atmos Mid-Tex filed with the City a Statement of Intent to increase rates within the City.
Manson explained Atmos Mid-Tex filed a Statement of Intent on January 31, 2012, seeking to increase
system-wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%.
However, the Company is requesting an increase of 13.6%, excluding gas costs, for its residential
customers. Additionally, the application would change the way that rates are collected, by increasing the
residential fixed-monthly (or customer) charge from $7.50 to $18.00 and decreasing the consumption
charge from $0.25 per 100 cubic feet("ccf')to$0.07 per ccf.
The purpose of the resolution is to extend the effective date of Atmos Mid-Tex's proposed rate increase
to give the City time to review the rate-filing package. The resolution suspends the March 6, 2012
effective date of the Company's rate increase for the maximum period permitted by law to allow the City,
working in conjunction with the other ACSC cities, to evaluate the filing, determine whether the filing
complies with law, and if lawful, to determine what further strategy to pursue, including settlement and
ultimately to approve reasonable rates.
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Jones to adopt
Resolution No. 2012-07(R) suspending the March 6, 2012, effective date of Atmos Energy
Corp., Mid-Tex Division ("Atmos Mid-Tex") requested rate change, as provided for in Agenda
Item#3. A vote was taken and the motion passed 6-0 with Mayor pro tern Byboth absent.
4. Consider, an act upon, setting a date for a Special Council Meeting to conduct a
work session and take possible action regarding the review of the proposed Code of
Ethics. (M. Manson, City Manager)
Staff Comments
City Manager Manson addressed council stating that the Council Sub-Committee has met twice to
review and discuss a proposed Code of Ethics. The Sub-Committee has agreed to a draft document to
be presented to and reviewed by the entire Council during a future work session. After discussion during
the work session, should the Council wish to move forward with the Code of Ethics, direction can be
given to staff to begin working with the City Attorney to prepare the formal document for consideration.
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Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Jones to schedule a
Special Council Meeting to conduct a work session and take possible action regarding the
review of the proposed Code of Ethics for Monday February 27, 2012 at 6:00 p.m. A vote was
taken and the motion passed 6-0 with Mayor pro tern Byboth absent.
READING OF ORDINANCES
City Secretary Ehrlich read the caption to Ordinance No. 2012-06 into the official record.
WORK SESSION
• Discussion regarding a proposed addition to the list of Prohibited Acts in the parks.
(Robert Diaz, Parks& Recreation Superintendent)
Parks and Recreation Superintendent Diaz and Shohn Rodgers, Parks Supervisor, presented
the reasoning for an amendment to the prohibited acts ordinance. He explained that the youth
leagues had some concerns regarding dogs in playing and spectator areas causing
distractions to participants and children/parents watching the games. Council discussed the
issues involved with the inclusion of these restrictions, staff needed to bring back an ordinance
amendment that kept domestic animals out of specifically described areas and not the parks in
general. The council also discussed concerns with enforcing new restrictions and how that
would affect the public safety. Mayor Pro Tern Byboth stated that it was really a matter of
common sense by the public.
Direction from council was for staff to bring back a proposal with specific areas and/or times in
mind for further discussion.
a Discussion regarding a tree preservation Ordinance. (Robert Diaz, Parks & Recreation
Superintendent)
Parks and Recreation Superintendent Diaz and Shohn Rodgers, Parks Supervisor presented
the tree preservation Ordinance for review by the council and asked for feedback. Council
members commented on Section 78-252 and Section 78-255 that pertained to the powers of
the "Director" which would be designated as Mike Sferra, Public Services Director. Several
council members commented that they preferred a "checks and balances" approach where the
"Director" would not be the only official designated with the power to cut down or maintain
trees. Mayor Hogue specifically asked staff to also look at designating certain public trees in
ordinance that would have special status, i.e. the pecan tree in front of the new Municipal
Complex. Mayor pro tern Byboth also commented on Section 78-256 regarding the height
requirements in the parkway, he noted that these might need to be increased to accommodate
large trucks such as moving vans and delivery trucks.
Direction from council was to revise the draft ordinance with the items discussed for further
consideration at a future meeting.
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• Discussion of TxDOT landscape plans for State Highway 78. (M. Sferra, Public
Services Director)
Public Services Director Mike Sferra addressed council presenting the TxDOT plan for
Highway 78. He noted that Patrick Haigh, landscape architect for TxDOT, was unable to
attend. Sferra showed the layouts of the medians on SH 78 in the City and noted that median
plantings would be sectioned giving interest to the landscape. Many of the plant materials to
be used were heat tolerant and water conservative with natural grasses being a big part of the
overall landscape plan.
Councilwoman Spillyards commented that she would like to see some areas of decomposed
granite/colored concrete/stamped concrete in the medians similar to a landscape she saw in
Carrollton/Coppell area near Sandy Lake Road. She also suggested median trees be
staggered to create some better visual effect then just being centered on the median.
Councilwoman Culver suggested establishing areas for wildflowers.
Parks Board member Jeff Harris suggested using different caliper trees to mix in the project.
Staff commented that all suggestions would be forwarded to TxDOT for further consideration.
Mayor Hogue convened into Executive Session at 8:22 p.m. reading the exceptions below.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government
Code, to wit:
551.087(Economic_ Development); Closed Session of the Local Government Code,
Vernon's Texas Code Annotated (Open Meeting Act): consideration of issues surrounding a
Performance Agreement between the Wylie Economic Development Corporation and Project
Infill.
44 551.087 (Economic Development); Closed Session of the Local Government Code,
Vernon's Texas Code Annotated (Open Meeting Act): consideration of issues surrounding a
Performance Agreement between the Wylie Economic Development Corporation and CSD
Woodbridge, LLC.
44 551.072 (Real Property); Closed Session of the Local Government Code, Vernon's Texas
Code Annotated (Open Meeting Act): consideration of issues surrounding a Purchase
Agreement between the Wylie Economic Development Corporation and Duel Products, Inc.
Mayor Hogue convened into Regular Session at 8:40 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result of executive session.
No action was taken as a result of Executive Session.
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ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
Jones, seconded by Councilwoman Spillyards to adjourn the meeting at 8:43 p.m. A vote was
taken and the motion passed 7-0.
Eric Hogue, May r
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Wylie City Council
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