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05-08-2012 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday May 8, 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 6:05 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tern Red Byboth, 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; Finance Director, Linda Bentz; Fire Chief, Randy Corbin; WEDC City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Austin Byboth, son of Mayor Pro-Tern Red Byboth and Brenda Byboth, gave the invocation and Scout Troop 78 performed the presentation of the colors and led the Pledge of Allegiance. Troop Leaders Brenda Byboth and Dan Barnhart were present with the scouts. Scout Troop 78 presented Mayor Pro-Tern Byboth with a plaque of appreciation for his assistance in the scouting program. PRESENTATIONS • Mayor for the Day: Lexi Collins (Mayor Hogue) Mayor Hogue introduced Mayor for the Day Lexi Collins. Mayor Hogue explained Lexi won the silent auction for Smith Elementary where she is a student. The winner receives the designation as "Mayor for the Day." Mayor Hogue administered the student oath of office and Lexi presided along with the Mayor during the council meeting. All funds raised from the silent auction go to the local campus PTA. Minutes May 8, 2012 Wylie City Council Page 1 • Presentation of Appreciation Plaque to Mayor Pro-Tem "Red" Byboth (Mayor Hogue) Mayor Hogue and the entire Wylie City Council presented Mayor Pro-Tern "Red" Byboth with an appreciation plaque for his years of dedication, commitment and service as a Wylie City Council member. M. G. "Red" Byboth served as a city council member from 2007 to 2012 and served as the city's Mayor Pro-Tern from 2008 to 2012. Byboth did not seek re-election in 2012. The city held a reception in his honor prior to the city council meeting in the lobby. Many of his friends, colleagues, and City staff members attended. 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. Jim Henry, residing at 1416 Anchor Dr., Wylie addressed council thanking staff members for their support for the Wylie Youth Council. He presented a plaque of appreciation to the Police Department. 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 April 24, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file,the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of March 31, 2012. (S. Satterwhite, WEDC Executive Director) C. Consider, and act upon, Ordinance No. 2012-14, amending the Comprehensive Master Plan, including the Land Use Map of the City of Wylie. ZC 2012-07 (R. 011ie, Planning Director) D. Consider, and act upon, Ordinance No. 2012-15, for a Specific Use Permit (SUP) for an Equipment Rental use on one lot of 2.0 acres (Highway 78 Business Park Addition, Block A, Lot 2) located at 1211 Highway 78 South. ZC 2012-05 (R. 011ie, Planning Director) E. Consider, and act upon, approval of a Final Plat for Wylie Retail Office Park Addition, establishing 5 commercial lots on 8.7264 acres, generally located on the southwest corner of S.H. 78 and Kreymer Lane. (R. 011ie, Planning Director) F. Consider, and act upon, approval of a Final Plat for Woodbridge Centre Phase I, establishing 11 commercial lots on 24.604 acres, generally located south of F.M. 544 and west of Woodbridge Parkway. (R. 011ie, Planning Director) Minutes May 8, 2012 Wylie City Council Page 2 G. Consider, and act upon, approval of a Final Plat for Mockingbird Hill, establishing 3 single family residential lots on 1.34 acres, generally located south of Brown Street and west of Carriage House Way. (R. 011ie, Planning Director) H. Consider, and act upon, approval of Ordinance No. 2012-16 creating a construction work zone for traffic and temporarily reducing the rate of speed on West Brown Street to 30 mph from FM 1378 to Westgate Way. (C. Holsted, City Engineer) I. Consider, and act upon, a cooperative agreement for additional Law Enforcement Services, between the City of Wylie, Lavon Lake, Texas initiates agreement no. W9126G-12-P-0127 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law Enforcement Services from May 18, 2012 through September 04,2012 for a sum not to exceed $50,831.95. (J. Duscio, Chief of Police) Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural District (AG/30) to Single-Family (SF-20/26) District on 2.88 acres, for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2012-06 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject tract, located at 306 Alanis Drive, general located south of Alanis Drive and approximately 393 feet west of Ballard Avenue Street. The property is 2.88 acres in size and is zoned AG/30. The owner/applicant intends to establish three separate single family residential lots in conformance with SF-20/26 standards. The request for SF-20/26 zoning allows for medium-density single family residential houses consistent with surrounding land uses and zoning immediately to the east in providing for minimum 20,000 square foot lots. The Zoning Exhibit reflects Lots 1-3 and shall serve as Preliminary Plat, establishing lots in conformance with SF-20/26 standards. Prior to Certificates of Occupancy being issued, a Final Plat must be approved by City Council and filed with Collin County Clerk's Office. Seven (7) notifications were mailed to property owners within 200 feet in accordance with State Law. As of April 11, 2012 no responses were received favoring or opposing the zoning. She reported the Planning and Zoning Commission voted 6-0 in favor of the zoning request. Public Hearing Mayor Hogue opened the public hearing on Zoning Case No. 2012-06 at 6:40 p.m. asking anyone present wishing to address council to come forward. Minutes May 8, 2012 Wylie City Council Page 3 No one was present to address council regarding ZC 2012-06. Mayor Hogue closed the public hearing at 6:40 p.m. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Goss to approve amending the zoning from Agricultural District (AG/30) to Single-Family (SF-20/26) District on 2.88 acres, for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. (ZC 2012-06) A vote was taken and the motion passed 7-0. General Business 2. Consider, and act upon, the award of CSP # W2012-25-A for an initial term of three (3)years with two (2) annual one(1)year renewals for Bank Depository Services for the City of Wylie; to J.P. Morgan Chase in the estimated annual amount of $40,953.00 and authorizing the City Manager to execute all necessary documents. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that the depository services requested included the basic services of receiving deposits, paying items, wiring funds out, receiving funds wired in, stop payments and other normal banking activities. No investment transaction activities were included other than safekeeping services. The primary objectives of the Depository Agreement were to maximize cash ..A availability and to maximize yield after satisfying the goals of safety and liquidity. Council/Staff Discussion Mayor Hogue asked if staff scoring showed that J.P. Morgan Chase came in lower than American National Bank. Bantz replied that was correct and staff was recommending J.P. Morgan Chase for the depository services. Mayor Hogue asked Director Bantz if the council was required to go with the lowest bid. Bantz replied that the council should select the lowest bidder that can provide the services at the lowest cost. Mayor Hogue replied that his concern was the longtime relationship the City has had with American National Bank. Bantz explained there were still many services American National Bank was providing to the City including loans and Certificates of Obligation Bonds. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to award the CSP#W2012-25A for an initial term of three (3) years with two (2) annual one (1) year renewals for Bank Depository Services for the City of Wylie; to J.P. Morgan Chase in the estimated annual amount of $40,953.00 and authorizing the City Manager to execute all necessary documents. A vote was taken and the motion passed 5-2 with Councilman White, Councilwoman Culver, Councilman Jones, Councilman Goss, and Councilwoman Spillyards voting for and Mayor Hogue and Mayor Pro-Tem Byboth voting against. 3. Consider, and act upon, Resolution No. 2012-16(R) denying Atmos Energy Corp., Mid-Tex Division's ("Atmos Mid-Tex") requested rate change; requiring the company to reimburse the city's reasonable ratemaking expenses; finding that the meeting at which this resolution is passed is open to the public as required by law; Minutes May 8, 2012 Wylie City Council Page 4 requiring notice of this resolution to the company and ACS's legal counsel. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that ACSC engaged attorneys and consultants to review Atmos Mid-Tex's proposed rate increase. Additionally, the ACSC cities passed suspension resolutions earlier this year, extending the effective date of Atmos Mid-Tex's proposed rate increase to June 4, 2012, in order to permit the cities time to review Atmos Mid-Tex's Statement of Intent. During their review, ACSC's consultants found justification that Mid-Tex's rates should be decreased. On April 25, 2012, the company extended the effective date of its proposed rate change, which similarly extended cities' jurisdictional deadline to June 11, 2012. The purpose of the resolution is to deny Atmos Mid-Tex's proposed rate increase pending further settlement discussions and to prevent Atmos' proposed rate increase from automatically taking effect on June 11, 2012. Council Action A motion was made by Mayor Pro-Tem Byboth, seconded by Councilman Jones to approve Resolution No. 2012-06(R) denying Atmos Energy Corporation Mid-Tex Division's requested rate change; requiring the company to reimburse the City's reasonable ratemaking 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 ACS's legal counsel. A vote was taken and the motion passed 7-0. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No.'s 2012-14, 2012-15 and 2012-16 into the official record. Mayor Hogue convened into work session at 6:55 p.m. WORK SESSION • Discuss Wylie Recreation Center and Bart Peddicord Community Center membership and facility fees. (R. Diaz, Parks & Recreation Superintendent) Parks & Recreation Superintendent Diaz addressed council giving an update on the Wylie Recreation Center and Bart Peddicord Community Center and making some recommendations for minor tweaks to the fees and regulations. Diaz made the following recommendations for each facility: • Raise the minimum age for children getting a membership to 7 years old from 3 years old. • Raise the adult membership to 18 years of age and up. • Increase the number of pass holders for a family membership from 4 to unlimited (in the same household). • Raise rates for meeting rooms at the Bart Peddicord Community Center to be the same as the Wylie Recreation Center. • Clarify the term "large events." The ordinance is currently worded as Bart Peddicord Community Center Fees (two-hour minimum)($100 deposits required on large events). Minutes May 8, 2012 Wylie City Council Page 5 • Clarify whether non-profit organizations are required to pay deposits at the Bart Peddicord Community Center. The ordinance currently allows non-profit organizations to rent the facility at no charge, but it is unclear whether such groups should pay a deposit. Direction from council included: • Set family memberships over a family of 4 at a "per additional family member"fee or set fees for each level of family membership, 2-$, 3+$. • Keep facility fees for the Bart Peddicord and Wylie Recreation Center different due to the difference in the facilities. • Review lowering the adult memberships from 17 years and older to 16 years and older. • Review charging all not-for-profits some deposit fee for renting the facilities for large events but not for small meetings. • Bring revised recommendations back to council for further discussion. RECONVENE INTO REGULAR SESSION Take any action as a result of executive session. Mayor Hogue reconvened into regular session at 7:49 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Mayor Pro-Tern Byboth to adjourn the meeting at 7:50 p.m. A vote was taken and the motion passed 7-0. 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