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04-25-2006 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, April 25, 2006 —6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Earl Newsom, Councilman Rick White, Councilman Carter Porter, and Councilman Merrill Young. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Finance Director, Larry Williamson; Library Director Rachael Orozco; WEDC Executive Director, Sam Satterwhite; City Attorney, Richard Abernathy; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tem Hogue gave the invocation and Councilman White led the Pledge of Allegiance. PRESENTATIONS • Presentation to 5th Six Weeks Star Students—Character Trait of"Fairness" Mayor Mondy and Mayor Pro Tern Hogue presented certificates of recognition to those students nominated for the character trait of"Fairness". In honor of Cox Elementary Star Student Dylan Meheut, who recently passed away, Dylan's brother Chris accepted his award. 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 was no one present to address Council under Citizens Participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by Minutes—April 25, 2006 Wylie City Council Page 1 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 April 11, 2006 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Final Plat for Greenway-78 Addition, creating 3 commercial lots, generally located south of F.M. 544 and west of S.H. 78 (Tracts 1, 2 & 3). (M. Manson, Assistant City Manager) C. Consider, and act upon, Final Plat for Parkside Addition Phase 1, creating 116 single-family residential lots, generally located at the northwest corner of F.M. 544 and F.M. 1378. (M. Manson, Assistant City Manager) D. Consider, and act upon, Resolution No. 2006-11(R) suspending the May 30, 2006 effective date of the proposal by ATMOS Energy Corp to implement interim Gas Reliability Infrastructure Program Rate (GRIP) adjustments for gas utility investment in 2005; authorizing participation with the gas standing steering committee in a review and inquiry into the sufficiency of the filing and the basis and reasonableness of the proposed rate adjustments; authorizing intervention in administrative and court proceedings involving the proposed GRIP rate adjustments; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to the Company and Legal Counsel. (M. Roath, City Manager) Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA 1. Consider, and act upon, Ordinance No. 2006-26 for the annexation of a 61.26 acre tract of land located in the Allen Atterbury Survey, Abstract No. 23, Collin County, Texas; generally located west of F.M. 544, north of Elm Road. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that this annexation request has been withdrawn by the applicant, the Skorburg Company (Michael Hood, owner). The subject property is located on the west side of F.M. 544, north of Braddock Place Development and east of Twin Lakes Subdivision. Staff recommended the Council accept the withdrawal by the applicant. Council Discussion Councilman Newsom asked City Attorney Abernathy if the Council was legally obligated to accept the withdrawal by the applicant. Mr. Abernathy replied that under the current ordinances of the City of Wylie, Minutes—April 25, 2006 Wylie City Council Page 2 the answer is yes. Councilman Newsom then asked Mr. Abernathy if there was a mechanism that would create an ordinance to disallow withdrawals of annexations after a certain point in the process. Mr. Abernathy replied that in his opinion, the City could put reasonable regulations in place that would move that time period earlier in the process and once that point was reached, the annexation could not be withdrawn. Councilman Newsom then asked if there was a way the annexation hearings and acceptance could be finalized prior to the zoning case for the property. Mr. Abernathy replied that there were no regulations in place requiring duel tracking of annexations and zoning cases. He suggested that the annexation hearings and acceptance be brought to a meeting prior to the zoning case, if that was the Council's desire. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilwoman Allen to accept the withdrawal by the applicant/owner (Michael Hood). A vote was taken and passed 7-0. Public Hearings 2. Conduct a Public Hearing, and consider, and act upon, Ordinance No. 2006-27 amending the zoning from Agriculture (A) to Planned Development (PD) District to allow for single-family residential uses of varied densities, generally located south of Stone Road and west of F.M. 544. ZC 2006-07. (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the amendment to this zoning request has been withdrawn by the applicant, the Skorburg Company. The subject property is located south of Stone Road and west of F.M. 544. The first hearing regarding annexation of the subject project was presented on March 28, 2006 with the final hearing held on April 4, 2006. This zoning case was subject to final acceptance of the annexation, which has also been withdrawn. Public Hearing Mayor Mondv opened the Public Hearing at 6:18 p.m. There was no one present to address Council. Mayor Mondv closed the Public Hearing at 6:18 p.m. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to accept the withdrawal by the applicant (Skorburg Company). A vote was taken and passed 7-0 3. Conduct a Public Hearing, and consider, and act upon, Ordinance No. 2006-28 establishing regulations governing the sale of alcoholic beverages. (M. Manson, Assistant City Manager) Executive Summary Assistant City Manager Manson addressed Council stating that the City Attorney has recommended that the City of Wylie adopt regulations pertaining to the sale of alcoholic beverages prior to the May 13th election. Approval of this Ordinance would prevent individuals from exemption of local regulations should they apply for a State license prior to acceptance of the local ordinance. Package sales will be allowed in corridor, industrial and downtown districts. Those businesses selling beer and wine must be at least 300 feet (front door to front door) from churches and 300 feet (property line to property line) from schools. Retailers selling beer and wine with 75% of the sales generated from alcohol would be required to have Minutes—April 25, 2006 Wylie City Council Page 3 an SUP and will follow the same regulations. Regulations for restaurants will be the same with 300 ft. regulations. These are controlled by state law. City Attorney Abernathy explained that no rulings by the Attorney General have been opined on the issue of requiring an SUP. Mr. Abernathy cited that other communities that have put the SUP requirement in place, have only a few applications and only one to his knowledge is currently in existence. Council Discussion Councilman Young asked if this ordinance was approved, would it put the city in a position of supporting the election propositions. Ms. Manson stated it would not. This was only prepared for consideration, in the event the propositions passed in the May 13, 2006 Special Election. Mayor Pro Tern Hogue asked Ms. Manson if this was the most stringent regulations that could be put in place. City Attorney Abernathy explained to Council that the State of Texas and the TABC (Texas Alcoholic Beverage Code) regulated the laws regarding the sale of alcohol in the State of Texas. It does not allow cities to regulate alcohol. The legislature gave cities limited power to regulate locations. With this ordinance, he explained that the City will have extended the regulations to the maximum. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve Ordinance No. 2006-28 establishing regulations governing the sale of alcoholic beverages. A vote was taken and passed 7-0. General Business 4. Consider, and act upon, Resolution No. 2006-12(R) authorizing the Rita and Truett Smith Library to donate surplus materials and circulation materials to the Friends of the Rita and Truett Smith Public Library, a not for profit organization. (R. Orozco) Staff Comments Library Director Orozco addressed Council stating that the Friends of the Rita and Truett Smith Public Library is a not for profit organization that participates in fundraising activities exclusively for the purpose of supporting the Rita and Truett Smith Public Library. The Friends have an ongoing book sale in the Library in which donated materials and selected material from the Library are sold. All material contributed by Library staff has been withdrawn from Library circulation according to the Collection Development Policy and CREW Method. Approval of this resolution would ensure that the Library operates in compliance with the Purchasing Manual of the City of Wylie. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve Resolution No. 2006-12(R) authorizing the Rita and Truett Smith Library to donate surplus materials and circulation materials to the Friends of the Rita and Truett Smith Public Library, a not for profit organization. A vote was taken and passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Carole Ehrlich read the caption to Ordinance No. 2006-28 into the official record. Minutes—April 25, 2006 Wylie City Council Page 4 Mayor Mondv announced a 10 minute recess. WORKSESSION City of Wylie and Wylie Economic Development Corporation Joint Work Session. WEDC Chairman Marvin Fuller opened the Joint Work Session at 6:45 p.m. WEDC Board members present were: John Yeager, Merrill Young and Mitch Herzog. Gary Bartow was absent. Mayor Mondy opened the Joint Work Session at 6:45 p.m. Council members present were: Mayor Pro Tern Hogue, Councilwoman Allen, Councilman White, Councilman Porter, Councilman Newsom, and Councilman Young. • WEDC Operating Procedures WEDC Chairman Fuller and Executive Director Satterwhite presented the WEDC's response to the auditor's memo showing actions proposed to be taken to revise the WEDC procedures for better accountability. Some of the areas mentioned were: Minutes- Minutes will be transcribed and available to the WEDC Board by the next scheduled meeting. All minutes and agendas will be posted and sent to the City webpage. Minutes will also be provided to the City Council prior to the next WEDC Board Meeting. Minutes will be sent to the City Secretary after execution for scanning into the City laserfiche and retained in minute books. Administrative Assistance-Currently WEDC pays for one half of the cost of a position 1 secretary within the City Manager's Office. Mr. Satterwhite stated that this employee works 32 hours per week. Currently the WEDC is using the services of this employee 80-90%. He acknowledged that this would lessen as items were reconciled, when asked by Mayor Mondy. City Manager Roath reported that the WEDC is now paying for a portion of the utilities; finance/auditing expenses as well as other overhead costs. Mr. Satterwhite said that he and the City Manager had an arrangement regarding WEDC requests for City department assistance. He said that if a WEDC request would take sometime, he would confer with the City Manager before contacting a department underneath the City Manager. City Manager Roath said that WEDC requests need not be in writing. If the WEDC needed an inordinate amount of time from a specific department, written request for this service would be provided to the City Manager before the request was made to the department. Mr. Satterwhite commented that he may need additional office space and administrative assistance and was presenting this to the WEDC Board in the near future. He stated he would communicate with City Manager Roath regarding this issue. WEDC Deposits- Mr. Satterwhite acknowledged that all deposits would be placed in the City Bank Depository. All transactions would be handled by the finance director who was a Certified Public Investment Officer. Mr. Satterwhite mentioned one escrow deposit that was being held at another financial institution because of restrictions (tied to the agreement). Those restrictions should be lifted soon and the money will be deposited in the City Bank Depository. Mayor Mondy asked that the WEDC Bylaws be reviewed for connectivity with the new working policies. Related Party Transactions- WEDC Chairman Fuller stated that he had abstained from all voting regarding monies placed in the Inwood National Bank. He explained that the interest rate was higher than that provided by the Bank Depository. He explained that he had not voted on the action to place the money in his bank. Mr. Satterwhite explained that at the suggestion of the City Finance Director, WEDC will use the services of First Southwest on all depository and loan transactions with a related party transaction, to clarify that there are no improprieties. He explained that the WEDC Board was compiling a working policy regarding related party transactions that would be presented to Council. Mayor Mondy asked why these funds were unsecured for two weeks. Mr. Satterwhite explained that he had no explanation. He commented that once the board was aware of the security issue, they requested the bank secure the funds, which they did. Questionable Expenses- Several issues regarding questionable expenses including donations to the Blackland Prairie Foundation, lunches and other monies contributed as promotional advertising were discussed by the WEDC Board and the City Council. Mayor Mondy had serious concerns regarding the Minutes—April 25, 2006 Wylie City Council Page 5 donation to the Blackland Prairie Playground due to the denial by the Council to contribute prior to the WEDC contribution. Mayor Pro Tern Hogue stated that he had concerns as to whether this was a donation rather than promotional advertising. Councilwoman Allen stated that she believed there were certain contributions that should not be made with tax payer funds. Mr. Satterwhite stated that he believed by giving the funds, WEDC was promoting the community. Mr. Satterwhite responded that he believed that giving to community events such as the Chamber of Commerce Golf Tournament, Taste of Wylie, and other community organizations promoted the WEDC in the community and was important. Mr. Satterwhite explained that the WEDC was allowed to spend up to 10% of the funds each year on promotional advertising. He explained that to date around 5% had been expended each year for this purpose. WEDC Chair Fuller expressed the boards opinion that it was important for the WEDC Executive Director to be able to take business sources to lunch to exchange ideals and form business relationships. Mr. Satterwhite explained that the WEDC Board was compiling a Promotional Expense Expenditure Policy that would establish criteria that could be used as a guideline when contributing and spending WEDC funds in this area. Council will receive a copy of this policy within the next 45 days for review and approval. In addition, and to maintain certain internal controls to prevent invalid and unauthorized expenditures, a Financial Standards and Accountability policy will be developed addressing the spending authority and limitations of the WEDC Executive Director and establish guidelines and a structure which prohibits any expenditure for strictly personal purposes. The WEDC Board will deliver this policy to Council within the same time frame as the Promotional Expenditures Policy. Councilmember Newsom had concerns with the purchase of lunches to build relationships with City staff. Mr. Satterwhite reported that the Council would be receiving a monthly report on all expenditures of the WEDC. He also explained that he had been in communication with the Finance Department to improve accounting of the WEDC expenditures. He reported that in the past, the WEDC had to provide the financial statements to Council, which was time consuming. Presently the Finance Department has those statements available and would be sending them to Council, on a monthly basis. Attorney Conflict- Council members asked City/WEDC Attorney Abernathy if there was a conflict of interest regarding representation to both entities. Mr. Abernathy explained that WEDC had signed an agreement, that in the event there was a conflict between the City and WEDC, Mr. Abernathy and his firm would represent the City's interest. Mr. Satterwhite commented that this was agreeable with the WEDC Board. • WEDC Accountability Reports to Council regarding current negotiations between prospective companies and WEDC. Councilman Porter requested information regarding current negotiations with proposed businesses desiring to relocate in Wylie. City/WEDC Attorney Abernathy suggested that these updates be provided in Executive Session to provide specific information and not affect ongoing negotiations. Mayor Mondy commented that the City was growing at a very fast pace. Growth brings with it issues never addressed before. He explained that he believed the City and WEDC were working together to resolve issues as they arose, to the benefit of the community and tax payers of Wylie. • WEDC Vision • WEDC plans for Hwy 78 (Kreymer to Lavon) • WEDC plans for Hwy 205 Mayor Mondy asked WEDC and Council to be looking at the future business development of State Highway 78 from Kreymer to Lavon and State Highway 205. He stated that the two entities needed to look now at what type of development was best for these areas. Mayor Pro Tern Hogue asked Mr. Satterwhite if the WEDC had a business plan. Mr. Satterwhite stated that they did not have a business strategy plan but did have current plans for some developments. Mayor Mondy suggested that both entities meet in the near future for several hours to discuss these issues. City Manager Roath commented that it might be beneficial for Minutes—April 25, 2006 Wylie City Council Page 6 the WEDC Board and Executive Director to compile a strategy or business plan. He further suggested that this could be a starting point for a Joint Work Session between the two entities. ADJOURNMENT With no further business, Mayor Pro Tern Hogue made a motion to adjourn at 9:00 p.m., seconded by Councilman Newsom. Consensus of Council and the WEDC Board was to adjourn. Jo Mon y, r `�ttttliiii►r,,��� ATTEST: �.\`‘ ' ., : f.: SeEAL --" Carole Ehrlich, i y Secretary '',i,�Yl lE i• ; j. TEy'P``N% ''/,,►nittto- Minutes—April 25, 2006 Wylie City Council Page 7