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05-13-2014 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, May 13, 2014—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 Carole Ehrlich took roll call with the following City Council members present: Mayor pro tern Rick White, Councilwoman Diane Culver, Councilman Bennie Jones, Councilman Nathan Scott, Councilman Keith Stephens, and Councilman Todd Wintters. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Planning Director, Renae 011ie; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Public Services Director, Mike Sferra; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Wylie Police Chaplain Dan Rainey gave the invocation and Patrol Officer Jason Prince led the Pledge of Allegiance. PRESENTATIONS • Presentation — "Junior Mayor of the Day" - Christopher Whitney - 4th Grade Birmingham Elementary Mayor Hogue introduced Junior Mayor for the Day Christopher Whitney. Mayor Hogue explained Christopher won the silent auction for Birmingham Elementary where he is a student. The winner receives the designation as "Mayor for the Day". Mayor Hogue administered the student oath of office and Christopher presided along with the Mayor during the council meeting. All funds raised from the silent auction go to the local campus PTA. Minutes May 13, 2014 Wylie City Council Page 1 • Proclamation declaring May 18-24,2014 as"Emergency Medical Services Week" Mayor Hogue presented members of the VVylie Fire Rescue and Telecommunications a proclamation declaring May 18-24 as"Emergency Medical Services Week" in the City of Wylie. • Proclamation "Police Officer Memorial Day" and "Police Week" Mayor Hogue presented a proclamation declaring "Police Officer Memorial Day" in the City of Wylie. The proclamation was in honor of all the fallen officers in 2013. Councilwoman Culver gave some national statics and thanked the officers for their selfless service to the community. • Proclamation "Motorcycle Awareness Week" Mayor Hogue presented a proclamation to members of the Christians, Ronin Faction and Black Sheep cycle groups from Wylie. Ronin Faction member Jake Mack asked those present to be vigilant of motorcycles when out on the highways. He noted it is sometimes hard for motorists to see motorcyclists and to always use caution. 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. There were no citizens present wishing to address council during Citizens Comments. 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 22,2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Preliminary Plat for Dominion of Pleasant Valley, Phase 1. The Plat will create 210 single family residential lots and multiple open space areas on 63.823 acres and dedicate the necessary rights-of way and parkland dedication. Subject property generally located south of Sachse Road and southeast of Creek Crossing Lane. (R. 011ie, Planning& Zoning Director) C. Consider, Consider, and act upon, a Cooperative agreement for additional Law Enforcement Services, Between the City of Wylie, Lavon Lake, Texas initiates Agreement no. W9126G-14-T-0112 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 16, 2014 through September 02, 2014 for a sum not to exceed $58,456.33. (J. Duscio, Police Chief) Minutes May 13, 2014 Wylie City Council Page 2 D. Consider, and act upon, approval of Resolution 2014-11(R) requesting a study be performed to evaluate the future wastewater need for the cities of Wylie and Murphy. (C. Holsted, City Engineer) E. Consider, and act upon, Ordinance No. 2014-17,amending Wylie's Code of Ordinances No. 2005-07, Chapter 74 (Offenses and Miscellaneous provisions), Article VIII (Regulation of Sex Offender Residency); providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (J. Duscio, Police Chief) F. Consider, and act upon, the award of bid #W2014-65-A for Concrete Repairs and Maintenance; to GT Construction, Holley & Holley Concrete Company Inc., and Tackett Concrete LLC in an estimated annual amount of$275,000.00, and authorizing the City Manager to execute all necessary documents. (G. Hayes, Purchasing Agent) G. Consider,and act upon,the award of bid#W2014-55-B for W.A. Allen—Alley Drainage Problem; to J. Nichols Construction in the amount of$59,600.45, subject to the timely execution by the City Manager of any and all necessary documents. (G. Hayes, Purchasing Agent) H. Consider,and place on file,the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of March 31, 2014. (S. Satterwhite, WEDC Director) I. Consider, and act upon, Resolution No. 2014-12(R) of the City Council of the City of Wylie, Texas, denying the rate increase requested by Atmos Energy Corp., Mid-Tex Division under the company's 2014 Annual Rate Review Mechanism Filing in all cities exercising Original Jurisdiction; Requiring the company to reimburse cities' reasonable ratemaking expenses pertaining to review of the RRM; Authorizing the City's participation with Atmos Cities Steering Committee in any appeal filed at the Railroad Commissions of Texas by the company; Requiring the company to reimburse cities' reasonable ratemaking expenses in any such appeal to the Railroad Commission; Determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act; Adopting a Savings Clause; And requiring delivery of this resolution to the company and the steering committee's legal counsel. (M. Manson, City Manager) Councilman Jones requested that Consent Items C and I be pulled from consent and be considered separately. Consensus of Council was to pull the items. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Wintters to approve Consent items A, B, D, E, F, G and H as presented. A vote was taken and the motion passed 7- 0. Minutes May 13, 2014 Wylie City Council Page 3 REGULAR AGENDA C. Consider, Consider, and act upon, a Cooperative agreement for additional Law Enforcement Services, Between the City of Wylie, Lavon Lake, Texas initiates Agreement no. W9126G-14-T-0112 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law enforcement Services from May 16, 2014 through September 02, 2014 for a sum not to exceed $58,456.33. (J. Duscio, Police Chief) Council Discussion Police Chief Duscio addressed Council, stating that this agreement with the Corp of Engineers has been in place for many years. He explained the contract is for patrol of the Lake Lavon area including the parks during the summer months. Councilman Jones stated that he had been asked by citizens what the City's roll was in the contract and needed to have the explanation made on record. He thanked Chief Duscio for explaining. Council Action A motion was made by Mayor pro tern White, seconded by Councilwoman Culver to approve a Cooperative agreement for additional Law Enforcement Services, Between the City of Wylie; Lavon Lake, Texas initiates Agreement no. VV9126G-14-T-0112 and the U.S. Army Corps of Engineers. This agreement is for the provisions of additional Law Enforcement Services from May 16, 2014 through September 02, 2014 for a sum not to exceed $58,456.33.. A vote was taken and the motion passed 7-0. J. Consider, and act upon, Resolution No. 2014-12(R) of the City Council of the City of Wylie, Texas, denying the rate increase requested by Atmos Energy Corp., Mid-Tex Division under the company's 2014 Annual Rate Review Mechanism Filing in all cities exercising Original Jurisdiction; Requiring the company to reimburse cities' reasonable ratemaking expenses pertaining to review of the RRM; Authorizing the City's participation with Atmos Cities Steering Committee in any appeal filed at the Railroad Commissions of Texas by the company; Requiring the company to reimburse cities' reasonable ratemaking expenses in any such appeal to the Railroad Commission; Determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act; Adopting a Savings Clause; And requiring delivery of this resolution to the company and the steering committee's legal counsel. (M. Manson, City Manager) Council Discussion City Manager Manson addressed Council stating that this denial is for a rate increase requested through the coalition representing 165 cities in Texas. In most cases what council is used to seeing is a denial of the proposed rate and the coalition working with Atmos to come to an agreed resolution, as to a final rate. In this case the coalition worked with Atmos but was unable to come to an agreed resolution. This request is therefore denied completely. The next step in this process will be a ruling from the Texas Railroad Commission, who has jurisdiction at the state level. The coalition will attend and explain why they denied the rate increase, Minutes May 13, 2014 Wylie City Council Page 4 Councilman Jones asked City Manager Manson what the agreed upon rate increase was in 2013. Manson replied that she could get that information to council but as she remembers, it was significantly less than what Atmos was requesting. Council Action A motion was made by Mayo r pro tern White, seconded by Councilwoman Culver to adopt Resolution No. 2014-12(R) of the City Council of the City of Wylie, Texas, denying the rate increase requested by Atmos Energy Corp., Mid-Tex Division under the company's 2014 Annual Rate Review Mechanism Filing in all cities exercising Original Jurisdiction; Requiring the company to reimburse cities' reasonable ratemaking expenses pertaining to review of the RRM; Authorizing the City's participation with Atmos Cities Steering Committee in any appeal filed at the Railroad Commissions of Texas by the company; Requiring the company to reimburse cities' reasonable ratemaking expenses in any such appeal to the Railroad Commission; Determining that this resolution was passed in accordance with the requirements of the Texas Open Meetings Act; Adopting a Savings Clause; And requiring delivery of this resolution to the company and the steering committee's legal counsel. A vote was taken and the motion passed 7-0. 1. Hold a Public Hearing, and consider, and act upon, approval of a Replat for 78 Corner Addition,Block A,Lots 2R2,and 2R3; generally located at the northwest corner of SH 78 and F.M. 544, immediately north of Chase Bank and south of AutoZone Store. (R. 011ie, Planning& Zoning Director) Staff Comments Planning Director 011ie addressed Council stating that the property totals 2.228 acres and the purpose for the Replat is to establish two separate lots & dedicate easements to accommodate the develop of an emergency medical facility on one lot and establish a lot for drainage and floodway purposes. Public Hearing Mayor Hogue opened the public hearing on Item #1 at 6:59 p.m. asking anyone present wishing to address council during the public hearing to come forward. There were no citizens present to address council during the public hearing Mayor Hogue closed the public hearing at 7:00 p.m. Council/Applicant Discussion Mayor Hogue asked the applicant when construction would begin. Chad Suitonu , applicant replied,within 6 weeks construction should begin. Council Action A motion was made by Councilman Wintters, seconded by Councilman Scott to approve a re- plat for 78 Corner Addition, Block A, Lots 2R2, and 2R3; generally located at the northwest corner of SH 78 and F.M. 544, immediately north of Chase Bank and south of AutoZone Store. A vote was taken and the motion passed 7-0. Minutes May 13, 2014 Wylie City Council Page 5 2. Consider, and act upon, Resolution No. 2014-13(R) of the City Council of the City of Wylie, Texas adopting a Mission Statement, Vision Statement, Values Statement and Strategic Goals. (Mindy Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the City Council met in a Work Session in March 2014 to discuss and draft a mission statement and strategic goals. As a result of that work session, a Mission Statement, Vision Statement, Values Statement and Strategic Goals were developed. These statements and goals will be the basis for the development of future budgets to ensure that our operations, programs, services and expenditures reflect the direction of the City Council. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to adopt Resolution No. 2014-13(R) of the City Council of the City of Wylie, Texas adopting a Mission Statement, Vision Statement, Values statement and Strategic Goals. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Ordinance No. 2014-18 of the City of Wylie, Texas, amending Chapter 74 (Offenses and Miscellaneous Provisions), Article I (General), Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities and Vehicles) of Wylie's Code of Ordinances; Prohibiting Smoking in City Property, City Facilities, and City Parks; Prohibiting the Sale of Electronic Cigarettes, E-Cigarettes, and Liquid Nicotine to Minors; Providing for Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption Hereof; and Providing for an Effective Date of this Ordinance. (Mindy Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the City Council discussed different options for the restriction of smoking and the sale of e-cigarettes during a Work Session on March 25th, 2014. After discussion, there was a general consensus to move forward with prohibiting smoking, including e- cigarettes, on all City owned property and City parks. The proposed ordinance drafted by the City Attorney does include language prohibiting smoking in public and private hospitals, health care facilities, preschool, primary and secondary schools. Manson noted these areas were not part of the work session and could be removed as part of the motion. Manson explained that she had been in contact with representatives of the Wylie Independent School District and been advised that the WISD had rules/policies in place regarding smoking and e-cigarettes however if these areas were covered in the proposed ordinance it would allow the school district to better enforce the policies. Council Discussion Councilman Scott asked why the ordinance did not include"grand fathering"of established restaurants and no smoking restrictions on all new restaurants, as discussed in the previous work session. Manson replied that was not in the ordinance; the only private areas within the ordinance dealt with preschools and hospitals. She explained that her understanding after the work session, was council may amend the ordinance at a later date if Council wished to include restriction of smoking for all restaurants, with no grandfathering. Councilman Scott noted he had spoken to representatives of Chili's Restaurant chain and they indicated they were not in favor of grandfathering their restaurants but rather wanted a level playing Minutes May 13, 2014 Wylie City Council Page 6 field for all restaurants. They also indicated they do not self-regulate but prefer regulations by city ordinances. Councilman Jones asked where the Council discussion is on non-smoking in restaurants? Mayor Hogue asked Councilman Jones if he wished to request another work session. Councilman Jones replied yes he did; Mayor Hogue asked City Manager Manson to schedule another work session to discuss smoking in restaurants. Councilwoman Culver stated that she had attended a Wylie Downtown Merchants Association meeting and was told that the downtown merchants regulated smoking in their businesses and were against a municipality regulating businesses. Culver noted that she had also checked with area hospitals and all were currently restricting smoking in their facilities. Councilman Stephens concurred he was against government controlling private businesses. Mayor Hogue noted that the city did regulate food in food establishments for health reasons. Stephens replied that food was for health and well-being; Mayor Hogue replied that could be up for discussion with the use of tobacco and second hand smoke. Citizens Comments Mr. Kent Crane, owner and operator of a downtown Wylie business addressed Council stating that he was adamantly against municipal government going into the private sector and restricting legal activities; in this case smoking." Until it is banned otherwise it is not within a city's rights to go in and ban that activity." He noted that in 18 years in business he can only remember one time having to ask someone not to smoke. He stated this was not regulated by him as a business owner but rather his customers who just didn't smoke inside the shop. Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to adopt Ordinance No. 2014-18 of the City of Wylie, Texas, amending Chapter 74 (Offenses and Miscellaneous Provisions), Article I (General), Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities and Vehicles) of Wylie's Code of Ordinances; Prohibiting Smoking in City Property, City Facilities, and City Parks; Prohibiting the Sale of Electronic Cigarettes, E-Cigarettes, and Liquid Nicotine to Minors; Providing for Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption Hereof; and Providing for an Effective Date of this Ordinance and removing hospitals and daycares from the ordinance. Mayor Hogue asked Councilman Scott if he would like to rephrase his motion to include all privately owned facilities. A motion was made by Councilman Scott, seconded by Councilman Jones to adopt Ordinance No. 2014-18 of the City of Wylie, Texas, amending Chapter 74 (Offenses and Miscellaneous Provisions), Article I (General), Section 74-2 (Smoking and Tobacco Use in Municipal Buildings, Facilities and Vehicles) of Wylie's Code of Ordinances; Prohibiting Smoking in City Property, City Facilities, and City Parks; Prohibiting the Sale of Electronic Cigarettes, E-Cigarettes, and Liquid Nicotine to Minors; Providing for Repealing, Savings and Severability Clauses; Providing for the Publication of the Caption Hereof; and Providing for an Effective Date of this Ordinance and removing privately owned hospitals and daycares from the ordinance. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III,Section 13-D. Minutes May 13, 2014 Wylie City Council Page 7 City Secretary Ehrlich read the captions to Ordinance No's 2014-17 and 2014-18 into the official record. Mayor Hogue convened into Work Session at 7:10 p.m. WORK SESSION • TAPS Public Transit Update (Mindy Manson, City Manager) City Manager Manson addressed Council and provided information for the City's current transportation service through TAPS. Manson explained as the population grows the need for public transportation will grow as well. The DR services have been provided until September 2014 through North Texas Council of Governments at no charge to the City. She explained that the service was being utilized by local residents at a higher than anticipated demand. This is with no active advertising of the service. The service is currently being used to attend medical office visits, employment, education classes and personal trips and is increasingly trending up in number of rides each month. She noted that a great number of rides originating in Wylie were for trips within Wylie. Manson gave some statics regarding the ridership and operating costs versus the value of the service. She gave operating costs to the City for both control service levels (no advertising) and +1 (with advertising). She noted that each rider pays for a portion of the trip. If the city opted for the control level, the annual cost would be around $30,500. She asked for direction from Council regarding which type, if any, the council wished to consider in the proposed budget. Council's direction was to bring back an item for consideration in the budget utilizing the control ridership to be available to resident seniors and those residents with special needs. ADJOURNMENT A motion was made by Mayor pro tem White, seconded by Councilwoman Culver to adjourn the meeting at 7:48 p.m. A vote was taken and the motion passed 7-0. Eric Hogue,Mayor ATTEST: ,�+ OF f1T�,�. G4-y�(/! (err ``•:ter �� • Carole Ehrl' ,City Secretary ,�, � ,4..E !`".: _ i ,.. (.16, .,, ,‘ �J`p,COIORAOo A • Minutes May 1 .,, vox re RAILK, ��. Wylie City Cou •.� 01587 0 Page 8 were OF Iv'