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10-25-2005 (City Council) Minutes MINUTES Wylie City Council Tuesday, October 25, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO.ORDE.s . _ fi Councilman Young called the meeting to order at 6:05 p.m. Council Members present were: Councilman Rick White, Councilman Carter Porter, and Councilman Earl Newsom. Mayor John Mondy, Mayor Pro Tem Eric Hogue and Councilwoman Reta Allen were absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Police Chief, Jeff Butters; Public Services Director, Mike Sferra; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Councilman Newsom gave the invocation and Councilman White led the Pledge of Allegiance. CITIZENS.PARTICIPATION Diane Culver residing at 2918 Jamestown Dr. , Wylie, Texas addressed Council stating that she had attended one of the Town Hall Meetings regarding the November 8, 2005 Bond Election and thanked Council and staff for the information provided to citizens at those meetings. 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. Approval of the Minutes from the Regular Meeting of October 11, 2005 of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Final Plat for T-Mobile, generally located at the southwest corner of FM 544 and Highway 78. (C. Thompson,Planning and Zoning Director) C. Review and accept adoption of the Construction Code Board Bylaws approved by the Construction Code Board members on October 6,2005.(J. Bray,Building Director) D. Consider and act upon renewing the fully employee funded supplemental vision insurance plan to Avesis,our provider since October,2001. (L. Fagerstrom,Human Resources Manager) Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and passed 4-0 with Mayor Mondy, Mayor Pro Tem Hogue and Councilwoman Allen absent. Minutes—October 25,2005 Wylie City Council Page 1 Tabled Item Tabled from September 20, 2005 Special Called Meeting Consensus of Council was to remove Item 1. from the table and consider and act upon Ordinance 2005-54. 1. Consider and act upon Ordinance No. 2005-54 amending the FY2005/2006 Annual Budget, Ordinance No. 2005-41, and approving an appropriation of monies for Court Appointed Special Advocates, Collin County Children's Advocacy Center and City House; providing for Repealing, Savings and Severability Clauses; and providing for an Effective date. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that in a letter to the City, Mr. David E. Dorman, Mayor of the City of Melissa, requested donations to the following not-for-profit organizations: Court Appointed Special Advocates, Collin County Children's Advocacy Center and CITY House. On September 20, 2005, the City Council entertained an appropriation ordinance to amend the FY 2004/2005 Annual Budget, and then directed the City Manager to develop a donation policy for not-for-profit organizations. In addition,the Council directed that an agenda item for the allocation of funds to these organizations be returned to the City within 30 days. On October 11, 2005, the City Manager proffered a policy regarding funding requests by not-for-profit organizations, which was adopted by the Council with minor revisions to take effect with the 2006-2007 budget year.Mr.Roath explained that a survey had been completed of the cities that were asked to contribute monies to these organizations and,as of the date of the survey,only the City of Plano had allocated any funds for these organizations. Applicant Comments Lieslie Hayes, director of the City House was present to address Council. She stated that the organization took in displace children and adults. She stated that many Wylie residents were assisted through City House. Council Discussion Councilman Newsom stated that he believed, due to the expenses incurred with Hurricane Katrina, the City should not incur additional allocations. He suggested that those organizations resubmit their application during the application period for the FY 2006-2007 budget year-. City Manager Roath asked Finance Director Williamson what funds would be reimbursed by FEMA for the Hurricane Disaster allocations. Mr. Williamson explained that most of the expenses would be reimbursed with the exception of a few but FEMA had stated that the reimbursements would first go to cities that were short of funding and then to the remaining cities. Mr. Williamson estimated that the reimbursement would take at least 6 months. Councilman Porter stated that he believed that the FEMA funds would be reimbursed and wished to see these organizations have some additional funding. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to deny Ordinance No. 2005-54 amending the 2005-2006 budget to appropriate funds to the Court Appointed Special advocates, Collin County Children's Advocacy Center and City House. A vote was taken and passed 3-2 with Councilman Newsom, Councilman White and Councilman Young voting for denial and Mayor Pro Tern Hogue and Councilman Porter voting against,with Mayor Mondy and Councilwoman Allen absent. 2. Consider and act upon Ordinance No. 2005-55 establishing and appointing the City Council Subcommittee for WISE, Relations; prescribing the purpose, composition, function, duties, and tenure of each subcommittee member; and providing for an effective date hereof. (M. Roath, City Manager) • Minutes—October 25,2005 Wylie City Council Page 2 Staff Comments City Manager Roath addressed Council stating that Item #2 and Item #3 were companion items which needed action on one or the other. He explained that the WISD Board had formed an advisory standing committee called City/School Partnerships, consisting of three (3) WISD Board members: Susan Shuler (Chairperson), Ronni Fetzer and Henry Garland. This Committee is focused on discussing existing and new partnerships between the District and cities within its area. Dr. John Fuller is the School District's facilitator to this Committee. Dr. Fuller has asked the City(City Council) to designate a representative(s) to meet with this Committee for the stated purpose. Mr. Roath stated that the Council could name the number of members, as well as, who those members would be in compliance with the Home Rule Charter. He also stated that according to the City Attorney, all meetings of this sub committee would need to be post per the Open Meetings Act. Representative Discussion WISD Board of Directors member Susan Shuler addressed Council stating that the School Board wished to have open communication with the City of Wylie addressing issues that affected both entities. She explained that it was the hope of WISD that this sub-committee could meet on a more frequent basis rather than the annual or semi-annual joint meetings of the past few years. She commented that the subcommittee, in the future, could be open to other cities within the WISD District. Council Discussion Councilman Newsom stated that he believed the sub-committee appointed by Council should consist of three members to mirror the school district and that those members should include the Mayor, Mayor Pro Tern and one Council member at large. He explained that he believed this committee was a very good idea and would benefit both the City and School District. Councilman Porter asked why the sub committee was not made up of Parks,P &Z Commission and other Wylie Boards. City Manager Roath stated that since the WISD sub-committee consisted of Board Members then the City should appoint Council members to serve. City Manager Roath asked that City Council both appoint the number of members and the names of the members to serve on this sub-committee. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to approve Ordinance No. 2005- 55 establishing and appointing the City Council Subcommittee for WISD City/Schools Relations; consisting of three members; prescribing the purpose, composition, function, duties, and tenure of each subcommittee member and providing for an effective date hereof. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. Council Action A motion was made by Councilman Newsom, seconded by Councilman White to appoint Mayor John Mondy, Mayor Pro Tern Eric Hogue and Councilman Rick White as the City Council Subcommittee for WISD Relations.A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. 3. Consider and act upon an appointment of an elected official, and alternate, to represent the City of Wylie in discussions with the Wylie Independent School District City/Schools Partnerships Committee. (M. Roath, City Manager) Council Action No action was taken on Item#3 due to the action taken on item#2. Minutes—October 25,2005 Wylie City Council Page 3 4. Consider and act upon Resolution No. 2005-26(R) ordering Atmos Energy, Mid-Texas Division, to show cause regarding the reasonableness of its existing natural gas distribution rates within the City; requiring Atmos Energy, Mid-Texas Division, to submit a rate package based on a rate year ending June 30, 2005; directing that such filing shall be made by December 31, 2005; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to Atmos Energy and legal counsel. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the Municipalities have original jurisdiction over gas utility rates within the city. Municipalities have authority under the Gas Utility Regulatory Act ("GURA") to initiate a proceeding to determine whether the existing rates being charged by a gas utility are unreasonable or in violation of the law. This resolution exercises that authority and requires Atmos Mid-Tex Division to file a rate filing package with the City in order for the City to determine whether Atmos'rates are excessive. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Resolution No. 2005- 26(R) ordering Atmos Energy, Mid-Texas Division, to show cause regarding the reasonableness of its existing natural gas distribution rates within the City; requiring Atmos Energy, Mid-Texas Division, to submit a rate package based on a rate year ending June 30, 2005; directing that such filing shall be made by December 31, 2005; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to Atmos Energy and legal counsel. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. 5. Consider and act upon Resolution No. 2005-27(R) suspending the proposal by Atmos Energy, Mid- Texas Division, to implement interim GRIP rate adjustments for gas utility investment in 2004; authorizing participation with other cities to review the sufficiency of the filing; authorizing intervention in administrative and court proceedings; designating the City Manager as the City's representative on a Steering Committee; ratifying the selection of the law firm of Lloyd Gosselink to represent the City; requiring reimbursement of reasonable legal fees and consultant expenses and requiring delivery of the Resolution to Atmos Energy and legal counsel. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the law requires that a Gas Reliability Infrastructure Program(GRIP) surcharge request cannot become effective until sixty (60) days following a filing. The Company can set the "effective date" for any date after the 60th day. The effective date may be suspended by a city for 45 days. This resolution suspends the effective date to the maximum extent permitted by law to permit the cities to evaluate the filing, determine whether the filing complies with law, and if lawful,to determine whether the surcharge is reasonable. This resolution is also critical for authorizing cooperation with other cities adversely impacted by the application and the creation of a Steering Committee. Council Action A motion was made by Councilman Porter, seconded by Councilman Newsom to approve Resolution No. 2005- 27(R) suspending for 45 days, the proposal by Atmos Energy, Mid-Texas Division, to implement interim GRIP rate adjustments for gas utility investment in 2004; authorizing participation with other cities to review the sufficiency of the filing; authorizing intervention in administrative and court proceedings; designating the City Manager as the City's representative on a Steering Committee; ratifying the selection of the law firm of Lloyd Gosselink to represent the City; requiring reimbursement of reasonable legal fees and consultant expenses and requiring delivery of the Resolution to Atmos Energy and legal counsel. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. Minutes—October 25,2005 Wylie City Council Page 4 6. Consider and act upon approval of Ordinance No. 2005-56 to amend the FY 2005-06 budget to allow payment of invoices related to the Reimbursement Agreement with Estates at Creekside Phase III Development, Inc. in the amount of$24,276.50 for the development of a park in Creekside Estates. (M. Sferra,Public Services Manager) Staff Comments Public Services Director Sferra addressed Council stating that on January 27, 2004, the City Council authorized the City Manager to enter into a Reimbursement Agreement with Estates at Creekside Phase III Development, Inc. for the development of a park in Creekside Estates in an amount not to exceed $60,000. On February 8, 2005, City Council passed Resolution #2005-12(R) authorizing the City Manager to execute that agreement. Related City Council action occurred on June 28, 2005 when Council authorized an additional expenditure of$8,502.50 toward the cost of a pedestrian bridge at the site and its installation(engineering,piers,etc.). On September 27, 2005,the developer submitted a request for a partial payment of$44,226 for work already completed as part of the reimbursement agreement. This invoice can be paid from the original FY 2004-05 funds and the remainder constitutes the request for the FY 2005-06 budget amendment. A large portion of the eight-foot wide concrete trail is in place. The remaining work is currently in progress and will be invoiced in the near future. Council Action A motion was by Councilman Newsom, seconded by Councilman Porter to approve Ordinance No. 2005-56 to amend the FY 2005-2006 budget to allow payment of invoices related to the Reimbursement Agreement with Estates at Creekside Phase III Development, Inc. in the amount of$24,276.50 for the development of a park in Creekside estates. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. 7. Consider and act upon Ordinance No. 2005-57 approving and establishing a policy regarding the acceptance of donations to the City of Wylie. (M.Manson,Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the purpose of the proposed policy is to establish procedures for the acceptance of donations to the City of Wylie. The policy includes the procedures for the acceptance of the donation of funds, equipment, or in-kind services that are either solicited or unsolicited. Donations with a value up to and including$5,000 may be approved by the City Manager. Donations with a value over$5,000 must be approved by the City Council. Council Discussion Councilman Young asked Ms. Manson about Section 5 "Specific Use Donations of Funds" and how that would relate to donations of land which were stipulating a specific use. Ms. Manson stated that the reason behind this section was to earmark those items/funds that were donated for specific uses and allow the Finance Department to track those agreed uses. She explained that in the case of land, the policy would not exclude using the land for other purposes in and of itself, but the stipulation tied to the property at the time of acceptance could restrict the uses. She commented that all donations (items/funds)over$5,000 would be approved by Council prior to acceptance. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve Ordinance No. 2005-57 approving and establishing a policy regarding the acceptance of donations to the City of Wylie. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. Minutes—October 25,2005 Wylie City Council Page 5 8. Consider and act upon authorizing the Mayor to enter into an agreement between the City of Wylie and Brinkley Sargent for architectural,engineering and related services for the Wylie Animal Shelter expansion. (J. Butters,Police Chief) Staff Comments Police Chief Butters addressed Council stating that Brinkley Sargent had submitted the proposal for architectural, engineering and related fees. Brinkley Sargent will sub-contract engineering services to Helmberger Associates Inc. Brinkley Sargent has worked for the City previously completing a facility needs assessment and is very familiar with the animal shelter project.Brinkley Sargent Architects have successfully completed numerous animal shelter projects and have excellent references. The fact that Brinkley Sargent is very familiar with specific animal shelter issues and requirements is an important consideration. The total amount for all services proposed equals $54,000. This amount does represent reasonable fees compared to what other Cities have paid for similar services on similar projects. Architectural and engineering services are exempt from competitive bidding under the Professional Services Procurement Act.The funds are budgeted in this year's operating budget. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to authorize the mayor to enter into an agreement between the City of Wylie and Brinkley Sargent for architectural, engineering and related services for the Wylie Animal Shelter expansion. A vote was taken and passed 5-0 with Mayor Mondy and Councilwoman Allen absent. Mayor Pro Tem Hogue announced that there would be a 10 minute recess to allow time for the Mayor's arrival. Mayor Mondv arrived and reconvened the meeting at 6:55 p.m. Public Hearing 9. Hold a Public Hearing and consider and act upon Ordinance No. 2005-58 approving certain revisions to the residential and non-residential development requirements of the Zoning Ordinance. (C. Thompson,Planning&Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that on May 24, 2005 the City Council adopted the revisions to the Comprehensive Plan, and these revisions to the Plan dictate the need for corresponding revisions to the Zoning Ordinance. The Council held a joint work session with the Planning and Zoning Commission in June to provide policy direction for these revisions. On September 6, 2005, the Commission held a work session with developers and builders currently involved in Wylie. At the September 20, 2005 meeting, the Commission finalized the draft recommendations, and held a public hearing on October 4 to receive citizen comments. Notices of the public hearings by the Commission and Council were mailed to all postal addresses within the Wylie zip code as well as published twice in the Wylie News. Three(3)written comments have been received from the public at the time of this posting.Two of these comments encouraged separation or screening between differing land uses and the third spoke to a specific traffic problem rather than to land use. Mayor Mondy asked for clarification with regard to changes made in vesting. He asked if a property was platted in 1985 and damaged by fire in 1998, could the same structure (size, lot ect.)be rebuilt with the new proposed zoning requirements. Mr. Thompson stated that the structure would be non-conforming by the new zoning requirements. Minutes—October 25,2005 Wylie City Council Page 6 Council Discussion Mayor Mondy asked City Attorney Richard Abernathy how vested rights and non-conforming clauses relate to lending institutions. Mr. Abernathy stated that he could discuss Chapter 245 which deals with vested rights and non conforming uses and permanent non conforming uses. Not every lender reacts to these issues the same so I am not sure if I can answer those questions. Mayor Mondy asked how lenders would react to persons having non-conforming lots. Mr. Abernathy stated he did not think there would be any issue with regard to non-conforming and lending institutions. Mayor Mondy asked if the Planning&Zoning Department and legal staff were taking different positions. Mr. Abernathy replied that the first time he knew of this information was the meeting with staff pertaining to future growth. Mr. Thompson at that time stated that he wanted to include vested rights.Mr.Abernathy stated that he told Mr.Thompson he would not recommend to Council including vested rights. Mayor Mondy asked Mr.Abernathy why he would not. Mr.Abernathy replied that it was for a number of reasons which included that vesting is currently a state statute that was amended this legislative session which will add new challenges to your existing zoning ordinances. To add another overlay of regulations to eccentrically prevent applying the ordinances to properties does not make much sense to me as a municipal lawyer. Mayor Pro Tem Hogue asked if his house was to burn down, could he rebuild it the same as it was. Mr. Abernathy stated that most ordinances state that if a property is less than 60% destroyed it could be rebuilt the same but if it were destroyed it could not. Mayor Pro Tern Hogue then asked what he would be able to do. Mr. Abernathy stated that there were other ways to address this, such as infill. Mr. Abernathy explained that with the new legislation, cities will be able to put time requirements,pursuant to the new amendments to Chapter 245,on vesting to permits,plats and other regulations regarding zoning and building. Councilman Newsom asked where those changes could be found. Mr. Abernathy stated that Section 245 of the Local Government Code online would be the best research location since some changes were just approved in the regular legislative session. Director Thompson reviewed the changes in the New Residential Development Requirements for Council stating that overall very little had changed with the exception that what was "Desirable" was now proposed to be "Base Standard" which would require builders to include these regulations in new residential zoning. He also reported that there were very few changes to the commercial requirements. Planning and Zoning Chairman, Denis Larsen, along with several other members were present to answer questions pertaining to the changes proposed in the zoning ordinance. Public Hearing Mayor Mondy opened the public hearing at 8:50 p.m. Mark Hardaway, 2808 Fairmount, Ste 200, Dallas Texas addressed Council with some concerns regarding the changes in the commercial zoning. Don Herzog,9696 Skillman, Ste 210,Dallas,Texas addressed Council asking for some clarification regarding some of the changes to residential development requirements amended in the ordinance. He stated that some of the items were ambiguous and could be open to interpretation. Mayor Mondy closed the public hearing at 9:00 p.m. Council Discussion Mayor Pro Tern Hogue asked that Council and Planning and Zoning commission conduct a work session on the revised zoning ordinance. Councilman Porter stated that he would like to see this item be approved and then come back at a later date if changes were needed. Mr.Abernathy stated that the public hearing needed to be reopened and continued to the date of the work session and possible action item. Councilman Newsom stated that many work sessions had been conducted along with P & Z and Council meetings and he would like to see action taken on this tonight. Mayor Pro Tern Hogue stated that he would like to see the revisions noted so he could review the document prior to the work session/Council meeting. Mayor Pro Tern Hogue asked that staff compile a red line copy of the changes and provide them to council prior to the work session. He stated that he would like more information on the infill issue and the commercial changes. Mayor Mondy asked that these revisions be reviewed by the City Attorney as to form and content prior to the next meeting. Minutes—October 25,2005 Wylie City Council Page 7 Public Hearing Mayor Mondy re-opened the public hearing and continued the public hearing to November 14, 2005 at 8:00 p.m. in the City Council Chambers. Council Action A motion was made by Mayor Mondy, seconded by Mayor Pro Tern Hogue to table Item #9 and continue the public hearing to a Called City Council meeting on November 14, 2005 to include a Joint Work Session at 7:00 p.m. and the Continued Public Hearing and possible action at 8:00 p.m. A vote was taken and passed 6-0 with Councilwoman Allen absent. READING OF.ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED..BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13;D. a 3.. .., City Secretary Carole Ehrlich read the caption to Ordinances #2005-55, #2005-56, and #2005-57 into the official record. ADJOURNMENT With no further business before Council, consensus of Council was to adjourn at 9:40 p.m. 1/97 John ondy,rayor rF i "'z, • As ATTEST: Cji , SEAL • • .•* P� E Car le Ehrlich, ity Secretary Minutes—October 25,2005 Wylie City Council Page 8