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10-08-2013 (City Council) Minutes Wylie City Council _41 CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, October 8, 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 Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Councilwoman Diane Culver, Councilman Bennie Jones, Councilman Todd Wintters, and Councilman Keith Stephens. Mayor pro tem White and Councilman Nathan Scott were absent. Staff present were: City Manager, Mindy Manson; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Police Chief, John Duscio; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Pastor Jeff Denton representing the Waterbrook Bible Fellowship gave the invocation and Recreation Supervisor Robert Diaz led the Pledge of Allegiance. PRESENTATIONS • Proclamation declaring October 6-12, 2013 as Fire Prevention Week in the City of Wylie Mayor Hogue presented a proclamation to Fire Chief Randy Corbin and Fire Marshal Steve Seddig designating October 6-12, 2013 as Fire Prevention Week in the City of Wylie. 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. No citizens were present wishing to address Council during Citizens Comments. Minutes October 8, 2013 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 of the September 24, 2013 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of Resolution No. 2013-22(R) authorizing the City Manager of the City of Wylie, Texas, to execute the Interlocal Agreement between the North Texas Municipal Water District and the City of Wylie concerning the relocation of a portion of 36-inch pipeline along East Brown Street. (C. Hoisted, City Engineer) C. Consider, and act upon, the approval of the purchase of 3 Police Tahoe vehicles from Reliable Chevrolet in an estimated amount of $82,770.00 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) D. Consider, and act upon, a vendor application p pp ton from the Wylie East Colorguard for a fundraiser at the Bart Peddicord Community Center on December 14, 2013. (Robert Diaz, Parks & Rec Superintendent) E. Consider, and act upon, a vendor application from the Wylie Animal Advocates Group for a fundraiser at Olde City Park on November 16, 2013. (Robert Diaz, Parks & Rec 111 Superintendent) F. Consider, and act upon, the purchase of computers from Dell Marketing LP in the estimated amount of $51,500.00 through a cooperative purchasing contract with the State of Texas Department of Information Resources agreement DIR-SDD-1951, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) G. Consider, and act upon, the First Amendment to the Dedication and Impact Fee Agreement between Creekside Development, Inc. and the City of Wylie for 2.221 acres of right-of-way for the McMillen Road paving project. (M. Manson, City Manager) H. Consider, and act upon, the purchase of six (6) vehicles from Reliable Chevrolet in an estimated amount of $139,402 through a cooperative purchasing contract with the State of Texas Smart Buy Program No. 071-Al, and authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing Agent) Council Action A motion was made by Councilman Wintters, seconded by Councilwoman Culver to approve the consent agenda as presented. A vote was taken and the motion passed 5-0 with Mayor pro tern White and Councilman Nathan Scott absent. Minutes October 8, 2013 Wylie City Council Page 2 REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing and consider, and act upon, amending the zoning from Planned Development (PD2007-35) - Neighborhood Services (NS) to Planned Development-Single Family District (PD-SF) for single family dwellings on 4.86 acres. Located on the northeast corner of FM 544 and Collins Blvd. ZC 2013-06. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the applicant is requesting to establish permanent zoning on approximately five acres. There are two separate tracts of land included in this request. Both tracts are currently zoned PD 2007-35, which was originally intended for a daycare use when zoned in 2007. This zoning request is to initially develop a set of model homes to serve home builders in the Bozman Farms subdivision (PD 2002-52). Eventually these model homes and the street frontage will be reconfigured to serve as single family residences. Included in the agenda packet are Exhibit "C" (Model Exhibit Phase 1) and Exhibit"D" (Phase 2) which illustrates the proposed layouts and shall be made a part of the adopted Ordinance. The minimum lots size allowed is 7,500 square with the lot size average set at a minimum 9,500 square feet. The minimum dwelling size is 2,200 square feet with half being over 2,400 square feet. Council/Applicant Comments Applicant Chris Seely representing Ridlinger Associates, 550 S. Edmonds Ste. 101, Lewisville addressed council stating that the zoning request is to initially develop a set of model homes to serve home builders in the Bozman Farms subdivision (PD 2002-52). Eventually these model homes and the street frontage will be reconfigured to serve as single family residences. Mayor Hogue asked Mr. Seely how soon the building would begin on the model homes. Mr. Seely replied that after approval of the zoning case and preliminary plat, they would be ready to start the beginning of 2014. Councilman Wintters asked Mr. Seely if there were plans for landscaping the area. Mr. Seely explained that the entry to Bozman Farms, at one time, looked very nice but over time has deteriorated. The proposed landscape plan will include improvements to the entry as well as landscaping around the proposed parking lot as these are both a significant portion of the entry to the development. The landscape plans are still under consideration but will be brought to council once completed. Mayor Hogue asked about sidewalks in and around the new model homes. Mr. Seely reported the sidewalks would be constructed to tie in the model homes but could extend further or be integrated into the trail system close by. Mayor Hogue asked how many lots would be in the first phase. Mr. Seely reported that approximately 193 lots would be proposed. Public Hearing Mayor Hogue opened the public hearing on Zoning Case 2013-06 at 6:23 p.m. asking anyone present wishing to address council to come forward. Minutes October 8, 2013 Wylie City Council Page 3 No one was present to address council. Mayor Hogue closed the public hearing at 6:23 p.m. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Wintters to amend the zoning from Planned Development (PD2007-35) — Neighborhood Services (NS) to Planned Development-Single Family District (PD-SF) for single family dwelling on 4.86 acres. Located on the northeast corner of FM 544 and Collins Blvd. ZC 2013-06. A vote was taken and the motion passed 5-0 with Mayor pro tem White and Councilman Nathan Scott absent. 2. Consider, and act upon, Ordinance No. 2013-39 of the City Council of the City of Wylie, Texas, approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2013 Annual Rate Review Mechanism Filing in all Cities exercising Original Jurisdiction; Declaring Existing Rates to be unreasonable; Adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; Requiring The Company to reimburse Cities' reasonable ratemaking expenses; Repealing conflicting Resolutions or Ordinances; Determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; Providing a Most Favored Nations Clause; and requiring delivery of this Ordinance to the Company and the Steering Committee's Legal Counsel. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that the City of Wylie, along with approximately 164 other cities served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). On or about July 15, 2013, Atmos Mid-Tex filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism ("RRM")tariff renewed by the City in 2013 as a continuation and refinement of the previous RRM rate review process. This is the first annual RRM filing under the renewed RRM tariff. City Manager Manson reported that Atmos Mid-Tex RRM filing sought a $22.7 million rate increase system- wide based on an alleged test-year cost of service revenue deficiency of $25.7 million. The Ordinance resolves the Company's RRM filing by authorizing additional revenues to the Company of $16.6 million system-wide. For purposes of comparison, this negotiated result is about $11 million less than what ACSC's consultants calculated that Atmos would have been entitled to if Atmos had filed a case under the Gas Reliability Infrastructure Program ("GRIP") rather than an RRM case. The settlement is expected to increase the average residential customer's bill by approximately $0.74 per month. An Average Bill Comparison of base rates has been prepared for residential, commercial, industrial, and transportation customers. Atmos currently has the option to go directly to the Texas Railroad Commission (RRM) for approval of rate changes but chooses to continue to negotiate settlements through GRIP and the ACSC. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Stephens to adopt Ordinance No. 2013-39 of the City Council of the City of Wylie, Texas, approving a Negotiated Minutes October 8, 2013 Wylie City Council Page 4 Resolution between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid- Tex Division regarding the company's 2013 Annual Rate Review Mechanism Filing in all cities exercising Original Jurisdiction, and as provided for in Ordinance No. 2013-39 (Agenda Item #2). A vote was taken and the motion passed 5-0 with Mayor pro tem White and Councilman Nathan Scott absent. 3. Consider, and act upon, Resolution No. 2013-23(R) authorizing the City Manager to execute a Master Agreement Governing the Major Capital Improvement Program for the purpose of transportation improvements on roads inside Dallas County. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that in 2012; Dallas County issued the 6th call for projects for capital improvements. A portion of Ballard Avenue is located in Dallas County and is shown on the thoroughfare plan to be expanded to a 4-lane roadway; however, no funding is currently available for the project. In September 2012, staff submitted an application to Dallas County for funding of this portion of roadway. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Wintters to adopt Resolution No. 2013-23(R) authorizing the City Manager to execute a Master Agreement Governing the Major Capital Improvement Program for the purpose of transportation improvements on roads inside Dallas County. A vote was taken and the motion passed 5-0 with Mayor pro tern White and Councilman Nathan Scott absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section I3-D. City Secretary Ehrlich read the caption to Ordinance No. 2013-39 into the official record. Mayor Hogue convened into Work Session at 6:35 p.m. WORK SESSION • Hold a work session to discuss the alley located east of Birmingham Elementary and north of West Brown Street. (C. Hoisted, City Engineer) City Engineer Hoisted addressed council stating that the reconstruction of West Brown Street is nearing completion. The intersection of the alley located between Birmingham Elementary School and Premiere Learning Center is at a lower elevation than the newly reconstructed roadway. As a result, the storm water from the alley cannot enter the street and the storm sewer system. Hoisted stated there are three options available to correct the drainage issue: 1. Rebuild the alley to a higher elevation which would include removing and replacing the Minutes October 8, 2013 Wylie City Council Page 5 existing alley (Assume 16'wide) Estimated cost would be $32,717.07. 2. Install a storm sewer system to intercept the storm water at an estimated cost of $17,025.06. 3. Remove the alley paving and re-grade the area with turf or some other type of material at no cost if the contractor would be willing to perform that service while in the construction phase of Brown Street. Direction from council was to research further the possibility of removing the alley paving and re- grade. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:26 p.m. 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 7:28 p.m. A vote was taken and the motion passed 5-0 with Mayor pro tem White and Councilman Scott absent. Eric Hogue, Ma o ATTEST: OF T171,, • Caro a Ehrlich, City ecretary poi% CQLORAoo : o: 018870 , \ rATp OF Ts-0- Minutes October 8, 2013 Wylie City Council Page 6