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06-11-2013 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, June 11, 2013 — 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 Hogue called the meeting to order at 6:02 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor pro tem Nathan Scott, Councilwoman Diane Culver, Councilman Rick White, Councilman Keith Stephens, Councilman Bennie Jones, and Councilman Todd Wintters. Staff present were: City Manager, Mindy Manson; Finance Director, Linda Bantz; Fire Chief, Randy Corbin; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Todd Wintters gave the invocation and Councilman Stephens led the Pledge of Allegiance. PRESENTATIONS • "Shining the Wylie Way" - 6th 6 Weeks Mayor Hogue and Mayor pro tern Scott presented medallions to students demonstrating the "Wylie Way." Each six weeks one student from each WISD campus is chosen as the "Wylie Way Student." • CWD Annual Review—Jeff Butters,Assistant City Manager Gregg Roemer, President of Community Waste Disposal, gave a brief presentation highlighting some of the solid waste services provided by CWD in 2012. Roemer reviewed with Council services such as recycling, solid waste pickup, and the Extreme Green Program. Roemer announced that CWD had donated a picnic table to the City made entirely from recycled materials. Minutes June 11, 2013 Wylie City Council Page 1 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. • American Legion and Chuck Flesch - Comments regarding a request for matching funds to replace pavestones at the Wylie Veterans Memorial located in Olde City Park. Don Lang, representing the Wylie American Legion, addressed council stating Chuck Flesch was unable to attend and he was speaking on behalf of the local chapter of the American Legion. He requested matching funds for replacement of pavestones at the Wylie Veterans Memorial located in Olde City Park. Members of the Wylie Chapter of the American Legion were present to support the request. • Gilbert Tamez, Creekside Estates resident—Comments regarding the proposed Wal-Mart to be located at the northeast corner of McMillian and McCreary Road. Residents of the Creekside Estates HOA were present to address council with their concerns regarding the proposed Wal-Mart to be built on the northeast corner of McMillian and McCreary Road. The residents included: Dave Andrews, Mike Frion, and Gilbert Tamez, Jr. 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 May 28, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Resolution 2013-14(R) authorizing the City Manager to execute partial funding Interlocal Agreement #2 by and between Collin County, the City of Sachse, and the City of Wylie concerning the construction of Woodbridge Parkway from SH 78 to Hensley Lane. (C. Holsted, City Engineer) C. Consider, and act upon, approval of a Preliminary Plat for Wal-Mart Store #6078, being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. (R. 011ie, Planning Director) Council Action A motion was made by Councilwoman Culver, seconded by Mayor pro tem Scott to pull Consent Item C from the consent agenda for further discussion and approve Items A and B as presented. A vote was taken and the motion passed 7-0. Minutes June 11, 2013 Wylie City Council Page 2 REGULAR AGENDA C. Consider, and act upon, approval of a Preliminary Plat for Wal-Mart Store #6078, being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey. Subject property generally located on the northeast corner of McMillian and McCreary. (R. 011ie, Planning Director) Mayor Hogue commented that in the discussion and vote tonight regarding this preliminary plat, members of the council must note why portions of the plat do not conform to the subdivision regulations if they deny the preliminary plat, to avoid future litigation. Councilwoman Culver asked for clarification from Planning Director Renae 011ie regarding the preliminary plat for Wal-Mart Store #6078 (Item C) due to some questions from citizens with misconceptions regarding the approval process. Planning Director 011ie replied the zoning for this item is B-1, base zoning. B-1 allows for office, commercial, retail, big box, little box and any of the categories listed in retail sales. She noted that this is based on a 1985 zoning code which was in place at the time the zoning was approved. Retail does include supermarkets. Councilwoman Culver asked for clarification that this was only the preliminary plat and did not define items that would be reviewed in the site plan such as building materials, aesthetics, and other items submitted in the site plan/planned development. Planning Director 011ie replied that the preliminary plat before council only sets the boundaries and all utilities. Councilman Jones stated that he understood that the council was obligated to approve the preliminary plat but wanted it on record that although the item must be approved he was not in favor of a Wal-Mart at that site. Council Action A motion was made by Councilwoman Culver, seconded by Councilman White to approve a Preliminary Plat for Wal-Mart Store#6078, being a portion of Tract 4 of Creekside Development within the John H. Mitchell Survey, subject property generally located on the northeast corner of McMillian and McCreary. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tem Scott, Councilwoman Culver, Councilman White, Councilman Wintters, and Councilman Stephens voting for and Councilman Jones voting against. PUBLIC HEARING TABLED ITEM FROM 5-28-2013 Motion to remove from table and consider: Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Jones to remove Zoning Case 2013-01 from the table and consider. A vote was taken and the motion passed 7-0. 1. Continue Public Hearing and consider, and act upon, amending the zoning from Agricultural District (AG/30) to Planned Development-Single Family District creating varied density single family dwellings on 28.321 acres. Located south of Alanis Drive and west of Ballard Avenue. ZC 2013-01. (R. 011ie, Planning Director) Minutes June 11, 2013 Wylie City Council Page 3 Staff Comments Planning Director 011ie addressed council stating that the applicant is requesting to withdraw ZC 2013-01 to establish permanent zoning on an approximate 28 acre tract generally located south of Alanis on South Ballard. The property is currently zoned A/30 and almost completely surrounded by property that lies outside city limits. 011ie explained the original application was to change the zoning to Planned Development Single Family Detached (PD-SF) to allow for a suburban single family residential neighborhood that is consistent with the City's Comprehensive Plan for that area. However, at this time, there are still unresolved issues that preclude a favorable recommendation. Therefore, the applicant is requesting a withdrawal in order to resolve the challenges. These include: 1) The subdivision currently has no name or theme. PDs are required by Ordinance to be innovative in some way in order to break from standard zoning. Generally, the proposed PD is presenting much smaller lots, with minor improvements over the minimum requirements and very little innovative quality. 2) The detention area is not resolved satisfactorily. 3) There is significant opposition by neighboring property owners regarding the lot size and number of lots. 4) The south entrance may become an emergency only entrance, and if so, how will it be established. 011ie noted, the applicant will work with staff and resubmit the PD at a later date. Public Hearing Mayor Hogue continued the public hearing at 7:05 p.m. asking anyone wishing to address council on this item to come forward. No citizens were present wishing to address council during the public hearing. Mayor Hogue closed the public hearing at 7:05 p.m. Council Action A motion was made by Councilman Jones, seconded by Councilwoman Culver to accept the applicant's withdrawal of Zoning Case No. 2013-01. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, the recommendations of the 2013 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board (4B), Planning and Zoning Commission, Public Arts Advisory Board, Historic Review Commission, Wylie Economic Development Corporation, and the Zoning Board of Adjustments to fill board vacancies for a term to begin July 1, 2013 and end June 30, 2015/16. (C. Ehrlich, City Secretary) Staff Comments Mayor pro tem Scott, Chairman for the 2013 Council Interview Panel, addressed council with recommendations for each of the boards and motions to accept those recommendations. Mayor pro tem Minutes June 11, 2013 Wylie City Council Page 4 Scott noted that some boards also had replacement recommendations due to the large pool of applicants. Mayor Hogue asked Chair Scott to make those recommendations in the form of a motion for each of the individual boards: Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Wintters to approve the re-appointment of Shelia Patton (Shelter Employee) and Councilwoman Diane Culver (Public Official) to the Animal Shelter Advisory Board with Angie McCrary and Terry Self as replacements should a vacancy occur. A vote was taken and the motion passed 7-0. Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Stephens to approve the re-appointment of Bryan Rogers, Zachary Herrera, and Billy McClendon and the appointments of Sonny Lee Mosby, Dale Davenport, Alternate, and Bobby Heath, Jr., Alternate to the Construction Code Board. A vote was taken and the motion passed 7-0. Historic Review Commission Board Discussion Mayor pro tem Scott introduced the recommendations to the newly created Historic Review Commission. The recommendations included Jon Lewis, Kathy Spillyards, Bobby Heath, Jr., Bob Heath, Sr., Tommy Pulliam, Alexis Tapp, and Jeremy Stone. Councilwoman Culver asked Mayor pro tem Scott why Bobby Heath, Jr. was placed as an alternate on the Construction Code Board and a member of the Historic Review Commission based on the large pool of applicants that submitted requests to be placed on boards. Mayor pro tem Scott replied that Mr. Heath was very qualified for both boards and was very active as a servant of the community. Councilman Wintters added that both of the boards mentioned have precise qualifications to serve on these two boards; the Construction Code Board being the most restrictive. Wintters explained that many of the positions required building certifications such as construction, plumbing, and electrical. This recommended alternate was the best qualified and was in construction. Mayor Hogue suggested that if a vacancy occurred on the Construction Code Board and Mr. Heath became a permanent member rather than an alternate, perhaps another member might move up on the Historic Review Commission to take Mr. Heath's place. He suggested any replacements on boards that would be made, first be reviewed if that member would then serve on more than one board as a permanent board member. Mayor Hogue noted that Jon Lewis was the lone employee of the Birmingham Land Trust where the Mayor serves as the Chairman. Mayor Hogue noted however, the chairman of this board has no voting rights. Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Wintters to approve the appointments of Jon Lewis (Wylie Historic Society), Kathy Spillyards (vested in City), Bobby Heath, Jr. (Downtown Merchant), Bob Heath, Sr. (Landmark Property), Tommy Pulliam (Construction), Alexis Tapp (Landmark Property), and Jeremy Stone (Preservationists) to the new Historic Review Commission with Chris Scorgie and Todd Abronowitz as replacements should a vacancy occur. A vote was taken and the motion passed 6-1 with Councilman Jones voting against. Minutes June 11, 2013 Wylie City Council Page 5 Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Stephens to approve the re-appointment of Mindy Ayers and Shirley Burnett and the appointment of Dorothy Corbin Brand, Kathy Schwartz, and Todd Abronowitz to the Library Advisory Board with Liz Tamez and Eric Yanou as replacements should a vacancy occur. A vote was taken and the motion passed 7-0. Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Stephens to approve the re-appointment of Daniel Chesnut, Jeff Harris, and Jim Ward to the Parks and Recreation Board with Eric Staten and Megan Frank as replacements should a vacancy occur. A vote was taken and the motion passed 7-0. Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Wintters to approve the re-appointment of Daniel Chesnut and the appointment of Jeff Harris, Coda Hampton, Mayor pro tem Nathan Scott, and Councilmember Keith Stephens to the Parks and Recreation 4B Board with Bennie Jones (Councilmember) and Jim Ward (Parks Board) as replacements should a vacancy occur. A vote was taken and the motion passed 7-0. Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Wintters to approve the re-appointment of David Dahl and the appointment of Dennis Larsen and Mike McCrossin to the Planning and Zoning Commission Board with Randy Owens and Jennifer Lacy as replacements should a vacancy occur. A vote was taken and the motion passed 7-0. Council Action A motion was made by Mayor pro tem Scott, seconded by Councilman Stephens to approve the re-appointment of Gaynell Reed and Susan Spurgin to the Public Arts Advisory Board with Kathy Spillyards and Alexis Tapp as replacements should a vacancy occur. A vote was taken and the motion passed 7-0. Wylie Economic Development Corporation Board Discussion Mayor pro tern Scott introduced the recommendations for the WEDC Board of Directors. The recommendations included the re-appointment of Mitch Herzog and Marvin Fuller. Councilwoman Culver addressed the council stating that in her opinion it was a conflict of interest for Councilman Todd Wintters (WEDC Board member not up for re-appointment) to stay on the WEDC Board and the City Council. She explained that council members have approval power over the budget including the Economic Development 4A funds but no approval over expenditures made from the Economic Development 4A funds other than receiving the monthly revenue and expenditure reports. "As a WEDC Board member, Mr. Wintters gets to approve taxpayer money with no accountability back to the council or taxpayer for how he spends it; therefore, in light that we have qualified members wishing to serve I ask that Councilman Wintters be removed and replace him with one of the qualified alternates." Mayor Hogue asked for a second. Minutes June 11, 2013 Wylie City Council Page 6 Council Motion Councilwoman Culver made a motion to remove Todd Wintters from the WEDC Board and appoint a new member to the board from the recommended alternates. Mayor Hogue asked for a second to the motion. No second was made and the motion died for lack of a second. Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Wintters to approve the re-appointment of Mitch Herzog and Marvin Fuller, for three year terms to the Wylie Economic Development Corporation Board with Richard DeBlasi and Gabriel Gbayisomore as replacements should a vacancy occur. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor pro tem Scott, Councilman Jones, Councilman White, Councilman Wintters, and Councilman Stephens voting for and Councilwoman Culver voting against. Council Action A motion was made by Mayor pro tern Scott, seconded by Councilman Stephens to approve the re-appointment of Linda Jourdan and the appointment of William Hiney, Alternate to the Zoning Board of Adjustments with Margaret Smith as an alternate replacement if a vacancy occurs. A vote was taken and the motion passed 7-0. Mayor Hogue thanked the 2013 Council Interview Panel for their service and recommendations. 3. Consider, and act upon, Ordinance No. 2013-24 approving and adopting Rate Schedule ,"RRM — Rate Review Mechanism" for Atmos Energy Corporation, Mid- Tex Division to be in force in the City for a period of time as specified in the rate schedule; 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 ACSC legal counsel. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that the City, along with 154 other cities served by Atmos Energy Corporation, Mid-Tex Division, is a member of the Atmos Cities Steering Committee. In 2007, ACSC and Atmos Mid-Tex agreed to implement an annual rate review mechanism for Atmos Mid- Tex, known as the Rate Review Mechanism, as a temporary replacement for the statutory mechanism known as Gas Reliability Infrastructure Program. This first RRM tariff expired in 2011, and although ACSC and Atmos Mid-Tex met many times to attempt to reach an agreement on a renewed or replacement tariff, they were unable to do so. Atmos Mid-Tex filed a full rate case in 2012. The resulting rates were approved by the Railroad Commission in December 2012 in G.U.D. No. 10170. ACSC and the Company renewed discussions to develop revisions to the RRM tariff, and have reached a tentative agreement on the form of the RRM tariff to be in effect for a four-year period from 2013 to 2017. If the RRM process is to continue to function as a substitute for the GRIP process, cities that exercise original jurisdiction must adopt a tariff that authorizes the process. For these reasons, the ACSC Executive Committee and ACSC legal counsel recommend approval of the new RRM tariff by all ACSC member cities. Minutes June 11, 2013 Wylie City Council Page 7 Council Action A motion was made by Mayor pro tern Scott, seconded by Councilwoman Culver to approve and adopt Rate Schedule "RRM — Rate Review Mechanism" for Atmos Energy Corporation, Mid-Tex Division to be in force in the City for a period of time as specified in the rate schedule; 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 ACSC legal counsel. A vote was taken and the motion passed 7-0. READING OF ORDINANCES City Secretary Ehrlich read the caption to Ordinance No. 2013-24 into the official record. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Jones, seconded by Councilwoman Culver to adjourn the meeting at 7:40 p.m. A vote was taken and the motion passed 7-0. - O J� rIEric Hogue, Mayor 1-6."--m ATTEST: ®p: c.:�� k,e-X C role Ehrlich, Secretary ' ; , too&fE Raw., 6 ptl 4y 01887° 'toe OF TESs I Minutes June 11, 2013 Wylie City Council Page 8