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01-23-2007 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, January 23, 2007 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Carter Porter, Councilman Red Byboth, Councilman Eric Hogue, Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Julie Fort, Representing Abernathy, Roeder, Joplin & Boyd; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Young gave the Invocation and Councilman White 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. Shari Stark residing at 426 Kylie Lane, Wylie Texas addressed Council asking that several street lights in her area be replaced. She stated that this request had been given several times. Mayor Mondy asked City Engineer Hoisted to look into the request (work order) and report back to Ms. Stark the following day. Mayor Mondy informed the resident that a work order had been completed and sent to TXU. Minutes—January 23,2007 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 from the January 9, 2007 Regular Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Resolution No. 2007-04(R) ordering a General Election to be held jointly with the Wylie Independent School District on May 12, 2007 for the purpose of electing two city council members, Places 1 and 3, to the Wylie City Council to fill expired terms. (C. Ehrlich, City Secretary) C. Consider, and act upon, approval of a Joint Election Agreement between the City of Wylie and the Wylie Independent School District (WISD) to be administered by the Collin County Elections Administration, for the May 12, 2007 General Election. (C. Ehrlich, City Secretary) D. Consider and place on file, the Monthly Revenue and Expenditure Reports for the period of August 2006-December 2006. (L. Williamson, Finance Director) E. Consider, and act upon, Resolution No. 2007-05(R) ratifying the execution of a contract with Chase/Paymenteck by the City Manager to provide processing and collection services for the City's credit card receivables. (L. Williamson, Finance Director) F. Consider, and act upon, approval of a Replat subdividing one lot into two commercial lots for Children's Lighthouse Addition, generally located east of McCreary Road and north of FM 544. (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Final Plat for Woodbridge Parkway R.O.W. Dedication located within the Woodbridge North Subdivision and extending south from Country Club Road(FM 1378)to Hooper Road. (R. 011ie, Planning Director) Council Action A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Neighborhood Services (NS) District to allow for commercial development, generally located at the southwest corner of Brown Street and Country Club Place. ZC 2006-16(R. 011ie, Planning Director) Minutes—January 23, 2007 Wylie City Council Page 2 Staff Summary Planning Director 011ie addressed Council stating that the applicant has decided not to move forward with the request. She explained that the applicant was requesting the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. She suggested Council convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. She explained that this zoning would come back revised, at a later date. Public Hearings Mayor Mondv opened the Public Hearing at 6:02 p.m. There was no one present to address Council (ZC 2006-16) Mayor Mondv closed the Public Hearing at 6:02 p.m. Mayor Mondy announced that a withdrawal letter had been received from the applicant asking that Zoning Case 2006-16 be withdrawn. Council Action A motion was made by Councilman Byboth seconded by Councilman Newsom to accept the withdrawal by applicant Jerry Sylo (Jones & Boyd). A vote was taken and passed 7-0. 2. Hold a Public Hearing and consider, and act upon, amending the zoning from Agriculture (A) to Neighborhood Services (NS) District to allow for commercial development, generally located south of Brown Street and east of Kreymer Road. ZC 2006-17 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the applicant has decided not to move forward with the request, and is requesting that the zoning case be withdrawn from consideration. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. She suggested Council convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. Mayor Mondv opened the Public Hearing at 6:06 p.m. There was no one present to address Council (ZC 2006-17) Mayor Mondv closed the Public Hearing at 6:06 p.m. Mayor Mondy announced that a withdrawal letter had been received from the applicant asking that Zoning Case 2006-17 be withdrawn. Minutes—January 23, 2007 Wylie City Council Page 3 Council Action A motion was made by Councilman Newsom seconded by Councilman Young to accept the withdrawal by applicant Tim Kreymer(ZC 2006-17). A vote was taken and passed 7-0. General Business 3. Consider, and act upon, Resolution No. 2007-06(R) endorsing the "Joint Recommendation for Regional Rail in North Central Texas" as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County Transportation Authority (DCTA) and the Fort Worth Transportation Authority (THE T) that supports the concept of local option funding of public transit in the region. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the Chair of the Regional Transportation Council (RTC) contacted Mayor Mondy requesting that the City of Wylie consider the attached Resolution supporting the "Joint Recommendation for Regional Rail in North Central Texas". The recommendation was approved by the governing Boards of DART, DCTA, and The T in order to support a regional rail effort and to encourage the State Legislature to pass legislation which would allow the local option of funding public transit by exempting an amount equal to the locally authorized transit sales tax from the 2%cap in the 9 county area covered by the North Central Texas Council of Governments (NCTCOG). Council Discussion Mayor Mondy explained that these three entities were planning to petition the legislators to remove the sales tax cap to allow funding for mass transit; increasing the sales tax and making it solely dedicated for mass transportation. DART is proposing a possible 1/2 cent tax increase to be used for rail. The cities passing this Resolution would provide the opportunity for voters to approve/disapprove the sales tax increase. He explained that only cities approving the "Joint Recommendation" and subsequent approval by voters would have rail stop in their communities. Those opting out of the "Joint Recommendation" would have to travel to a city that approved the rail. He stated that all three entities (DART, DCTA, and The T) were agreeable to move forward with proposed legislation. He explained that if you look at estimates of population growth over the next 15 years, this computes to one more person for every resident that currently resides in Collin County today. City Manager Manson reported that at last check on the proposed legislation, it appeared they were leaning toward individual city elections rather than county wide. Councilman Byboth stated, to make it clear, we tonight are only voting on the Resolution that would allow for voters to decide the outcome of the mass transit tax. Mayor Mondy stated that was correct. Councilman Newsom commented that he did not have a problem with the approval of the "Joint Recommendation Resolution" as long as it was ultimately up to the voters at the municipal local level. He further stated that he personally, was not in favor of the tax increase for rail. Council Action A motion was made by Mayor Pro Tem Porter seconded by Councilman Young to approve Resolution No. 2007-06(R) endorsing the "Joint Recommendation for Regional Rail in North Central Texas" as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County Transportation Authority (DCTA) and the Fort Worth Transportation Authority (THE T) that supports the concept of local option funding of public transit in the region. A vote was taken and passed 7-0. Minutes—January 23, 2007 Wylie City Council Page 4 4. Consider, and act upon, Ordinance No. 2007-02 granting to Atmos Energy Corporation, a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie for the transportation, delivery, sale and distribution of gas in, out of, and through the City of Wylie for all purposes and providing for the payment of a fee or charge for the use of right of ways. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the Franchise Agreement with Atmos Energy has expired. He explained that the new proposed agreement was prepared by Attorney Julie Fort representing the City of Wylie and Steve Mathews representing Atmos. He explained that the attached Ordinance grants Atmos a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie. Council Discussion Mayor Mondy asked Ms. Fort what would happen if the Council did not approve the new agreement. Attorney Fort replied that if the new agreement was not approved, the expired agreement would continue to be honored until that time when Council did approve a new agreement. She explained that the right-of- way was public property and utility companies petition the city for use of the public property to operate their utilities. In exchange for this usage, the city is paid a fee from the utilities using the public right-of- way. Generally those payments are made quarterly on the basis of the utilities' gross revenues. She reported that the agreement had some indemnity clauses and solidifies that the utility company will follow the City's Right-Of-Way Ordinance to insure they are a good citizen and mindful user of the City's property. She explained that the expired agreement was for 25 years and had expired but Atmos has continued to honor the agreement. Mayor Mondy asked who audited the franchise revenues. Attorney Fort explained that cities could audit the utility and if it was found that the figures were incorrect by a certain percentage, the utility company would incur the costs of the audit; however if it was found that the revenues were correct, the city would bare the cost. Mr. Steve Mathews representing Atmos commented that cities had audited Atmos and by average the audits went in favor of Atmos. He explained that there were over 550 cities in Texas and there are usually one or two audits going on. Attorney Fort advised Council that the contract percentage for right-of-way payment was 4% of total revenues. She explained that there were also clauses in the new agreement that were protective to the interest of the City. Councilman Young asked if there were protections for right-of-ways. Ms. Fort replied that right of way properties were heavily regulated as to safety, structure and function thru State Law. Mayor Mondy asked the length of this proposed agreement. Mr. Mathews replied that it was for 10 years with two 5 year extensions if agreeable by both parties. Councilman Byboth asked if the item did not specifically state "natural" gas should that wording be changed. Attorney Fort replied that this was implied as it was the only type of gas that could run through the utility lines. Council Action A motion was made by Councilman Byboth seconded by Mayor Pro Tern Porter to approve Ordinance No. 2007-02 granting to Atmos Energy Corporation, a Franchise Agreement to construct, maintain, and operate pipelines and equipment in the City of Wylie for the transportation, delivery, sale and distribution of natural gas in, out of, and through the City of Wylie for all purposes and providing for the payment of a fee or charge for the use of right of ways. A vote was taken and passed 7-0. Councilman Hogue left the meeting at 6:25 p.m. Minutes—January 23, 2007 Wylie City Council Page 5 5. Consider, and act upon, authorizing the City Manager to negotiate a two-year agreement for Panda Cup USA 2007 and 2008. (M. Witter, Public Information Officer) Staff Comments Public Information Officer Witter addressed Council stating that the City of Wylie has been approached by Zen Sports Group LLC (Zen) to serve as a venue host for Panda Cup USA 2007 and 2008. The proposed dates for Panda Cup USA 2007 are April 20 and 21, 2007. As you remember last year was the inaugural year for this event. He explained that Panda Cup USA is an international soccer event featuring professional, collegiate and competitive female soccer teams with games scheduled at venues across Texas and Oklahoma. He stated that this agreement is an opportunity for the City to generate revenue, such as ticket sales and sponsorships, which will offset the majority of costs for this event. He explained to Council that communication between other entities such as the Wylie Independent School District, Wylie Chamber of Commerce, Wylie Youth Soccer Association and the Wylie Economic Development Corporation to spread some of the expense and make this a community event were underway. Mr. Witter explained that, if approved, City staff will present budget amendments relating to this event prior to the event date. He reported that there were several clubs finalizing applications to participate in these events. There would be an opening event to include fireworks, VIP dinner to include dignitaries from other countries and state and local officials, and the closing ceremonies. Representatives from the Wylie Soccer Association and Zen were present to show their support for the proposed events. Council Discussion Mayor Mondy asked Angela Schindler representing Zen how many teams would be participating in Wylie. She stated that there would be approximately 300 teams but not all those teams could play in Wylie. They would accommodate as many as possible in Wylie thru the event. Council Action A motion was made by Councilman Young seconded by Councilman Newsom to authorize the City Manager to negotiate a two-year agreement for Panda Cup USA 2007 and 2008. A vote was taken and passed 6-0 with Councilman Hogue absent. 6. Consider and place on file the Wylie Economic Development Corporation Annual Report. (S. Satterwhite, WEDC Executive Director) Staff Comments Executive Director, Sam Satterwhite addressed Council stating that presented tonight is the WEDC Annual Budget. He explained that per the WEDC By-laws, each year by January 31st, the WEDC must present to the Wylie City Council its Annual Report. He reported that total tax revenues were up by nineteen percent over the year before. Seventy Five percent of all expenditures were for direct or indirect economic development programs and $25,000 was procured thru the grant process. Five hundred and ten thousand dollars was spent on real property purchase and two hundred thousand in debt service was paid. Two properties on Cooper Drive were purchased last year and one property in Industrial Court. All properties purchased are excellent properties for long term redevelopment. He commented that some improvements need to be made to enhance the attraction for retail development, such as the extension of Country Club to S.H. 78 and the extension of McCreary to S.H. 78, being key factors to the north/west access. He reported that there is good development opportunity at the Wal-Mart intersection near Kreymer. He reported that EDC was beginning the construction to widen Martinez that fronts Premier South; this is also where one of the new companies will be breaking ground within the next 90 days. Mayor Mondy asked Mr. Satterwhite if all issues regarding the last City audit had been addressed. Mr. Minutes—January 23,2007 Wylie City Council Page 6 Satterwhite replied that the Wylie Economic Development Corporation made significant strides in its financial reporting and accountability this past fiscal year. In addition to the creation of a Financial Standards & Accountability Policy, WEDC staff and Board members have been working to create clear and concise financial statements. He reported that the WEDC Board is vigilant in their effort to maintain accurate financial statements. He reported that the WEDC and Wylie Finance Department are working together and communicating very well. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to accept and place on file the Wylie Economic Development Corporation Annual Report. A vote was taken and passed 6-0 with Councilman Hogue absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III,Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2007-02 into the official record. Mayor Mondv convened into Executive (closed) Session at 6:40 p.m. in compliance with Section 551.001, Texas Government Code: Section 551.072 real property and Section 551.074 personnel matters as posted. Councilman Hogue returned at 7:50 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Located on Hensley Lane between Hooper and Sanden Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at: • Located on Alanis Drive between Ballard Avenue and FM 544 Section 551.074 Personnel Matters; Closed Meeting • To deliberate the Evaluation of the City Manager Mayor Mondv reconvened into Open Session at 8:25 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: Minutes—January 23,2007 Wylie City Council Page 7 1. Consider, and act upon, approval of Resolution No. 2007-07(R) determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Hensley Lane paving project; establishing procedures for the acquisition, by purchase or condemnation, of property. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Resolution No. 2007-07(R) determining a public necessity to acquire, by purchase or condemnation, certain property; giving notice of an official determination to acquire property for the Hensley Lane paving project; establishing procedures for the acquisition, by purchase or condemnation of property. A vote was taken and passed 7-0 ADJOURNMENT Council Action With no further business before Council, Councilman Hogue made a motion to adjourn at 8:28 p.m., with Councilman Newsom seconding the motion. Consensus of Council was to adjourn. J n Mon y, ayor „,;(` ATTES ,� L �: - Carole Ehrlich, i y ecretary �t/E,„E`Pv�� Minutes—January 23, 2007 Wylie City Council Page 8