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
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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
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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
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Wylie City Council
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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
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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
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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.
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Minutes June 11, 2013
Wylie City Council
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