09-08-2020 (City Council) Minutes fN Wylie City Council
CITY OF
WY L I E
Minutes
Regular Meeting
•
September 8, 2020—6:00 p.m.
Wylie Municipal Complex—Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Mayor Eric Hogue called the regular meeting to order at 6:00 p.m. The following City Council members were
present: Mayor pro tem Jeff Forrester, Councilman David R.Duke, Councilman Matthew Porter,Councilman
Timothy T. Wallis, and Councilman David Dahl. Councilwoman Candy Arrington was absent.
Staff present included: City Manager Chris Holsted; Assistant City Manager Brent Parker; Assistant City
Manager Renae 011ie; Police Chief Anthony Henderson; Fire Chief Brandon Blythe; Public Information
Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Public
Works Director Tim Porter; Planning Manager Jasen Haskins; Project Engineer Wes Lawson; City Secretary
Stephanie Storm, and various support staff.
INVOCATION &PLEDGE OF ALLEGIANCE
Mayor Hogue led the invocation and the Pledge of Allegiance.
PRESENTATIONS
• Proclamation—Hispanic Business Month.
Mayor Hogue read a proclamation declaring September 15, 2020—October 15,2020 as Hispanic Heritage
Month in the City of Wylie. No one was present to accept the proclamation
CITIZEN COMMENTS ON NON-AGENDA ITEMS
There were no citizens present wishing to address Council.
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 August 25, 2020 Regular Meeting and Work
Session of the Wylie City Council. (S. Storm, City Secretary)
Minutes September 8,2020
Wylie City Council
Page 1
B. Consider, and act upon, approval of an Amended Plat for Lot 1 of Alanis Addition to establish
new fire lane and utility easements on 1.888 acres, generally located at the northeast corner of
Alanis Dr. and Ballard Ave. (J. Haskins, Planning Manager)
C. Consider, and act upon, Ordinance No. 2020-46 to a change of zoning from Agricultural District
(AG/30)to Commercial Corridor District(CC),to allow for commercial development 1.364 acres
located at 7940 E Parker Road. (ZC2020-07) (J. Haskins, Planning Manager)
D. Consider, and act upon, a request for substantial renovations in accordance with Ordinance No.
2013-17 for the remodel of an existing residential structure, located at 401 N. Keefer, Lot 75R,
Block 12 of the Brown & Burns Addition within the Downtown Historic District. (J. Haskins,
Planning Manager)
E. Consider, and act upon, Resolution No. 2020-49(R) supporting the Texas Department of
Transportation's proposed schematic layout of FM 544 and Country Club Road intersection
improvements. (T. Porter, Public Works Director)
Council Action
A motion was made by Councilman Duke, seconded by Councilman Porter, to approve the Consent Agenda
as presented. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent.
REGULAR AGENDA
1. Consider,and act upon,Resolution No.2020-50(R)approving a negotiated settlement between the
Atmos Cities Steering Committee ("ACSC") and Atmos Energy Corp., Mid-Tex Division
regarding the company's 2020 rate review mechanism filing; declaring existing rates to be
unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated
settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable
and in the public interest; approving an attached exhibit establishing a benchmark for pensions
and retiree medical benefits; approving an attached exhibit regarding amortization of regulatory
liability; requiring the company to reimburse ACSC's reasonable ratemaking expenses;
determining that this resolution was passed in accordance with the requirements of the Texas
Open Meetings Act. (C. Hoisted, City Manager)
Staff Comments
City Manager Holsted addressed Council stating the City, along with 171 other Texas cities is part of the
Atmos Cities Steering Committee("ACSC'). In March 2020 Atmos filed a rate request claiming that its cost-
of-service in a test year ending December 31, 2019, entitled it to additional system-wide revenues of$141.2
million. Through ACSC's efforts they negotiated a rate applicable to the members of about$80.8 million and
includes a two-month delay in the Effective Date until December 1, 2020.
Holsted reported the impact of the settlement on average residential rates is an increase of$5.15 on a monthly
basis, or 9.9 percent. The increase for average commercial usage will be$15.48 or 6.56 percent.
Council Action
A motion was made by Councilman Dahl, seconded by Councilman Wallis,to approve Resolution No. 2020-
50(R)approving a negotiated settlement between the Atmos Cities Steering Committee("ACSC")and Atmos
Energy Corp., Mid-Tex Division regarding the company's 2020 rate review mechanism filing; declaring
existing rates to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated
settlement; finding the rates to be set by the attached settlement tariffs to be just and reasonable and in the
public interest; approving an attached exhibit establishing a benchmark for pensions and retiree medical
benefits; approving an attached exhibit regarding amortization of regulatory liability; requiring the company
Minutes September 8,2020
Wylie City Council
Page 2
to reimburse ACSC's reasonable ratemaking expenses; determining that this resolution was passed in
accordance with the requirements of the Texas Open Meetings Act. A vote was taken and motion passed 6-0
with Councilwoman Arrington absent.
2. Consider,and act upon,Ordinance No.2020-47 amending Chapter 74(Offenses and Miscellaneous
Provisions), Article X (Electioneering at Polling Locations) of the City of Wylie Code of
Ordinances, Ordinance No. 2005-07, as amended; modifying certain regulations relating to
electioneering on public premises used as a polling place. (S. Storm, City Secretary)
Staff Comments
City Secretary Storm addressed Council stating on January 14, 2014 the City Council passed Ordinance No.
2014-02 in accordance with House Bill 259, modifying the Texas Election Code and requiring a public entity
that controls or owns a building used as a polling place, to allow electioneering on the premises subject to
reasonable regulations. The proposed changes include: additional enforcement of the Fire Chief for safety at
the polling locations,allow electioneering signs or literature on public property that is a polling place beginning
24 hours before the voting period begins and ending 24 hours after the voting period ends,allow electioneering
signs or literature within ten feet of the public road way adjacent to the public property where a polling place
is located, and allow for the placement of a tent 30 minutes before and after the voting period each day,not to
exceed 10x10 in size, and on a first-come, first-serve basis when space is available. With the November
election being held at the Senior Recreation Center, staff has identified designated areas, outside of the 100-
foot electioneering marker, for electioneering. Storm stated on Election Day there will be four voting locations
for Collin County voters in Wylie.
Council Comments
Councilman Porter inquired as to the regulations for sign regulations at the other polling locations. Storm
spoke to the fact that this ordinance was created to regulate electioneering on city owned property only, in
accordance with House Bill 259, and the other locations would have their own regulations.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve Ordinance No.
2020-47 amending Chapter 74 (Offenses and Miscellaneous Provisions), Article X (Electioneering at Polling
Locations) of the City of Wylie Code of Ordinances, Ordinance No. 2005-07, as amended; modifying certain
regulations relating to electioneering on public premises used as a polling place.A vote was taken and motion
passed 6-0 with Councilwoman Arrington absent.
3. Consider,and act upon, Ordinance No.2020-48 amending Ordinance Nos. 2020-24,2020-25,2020-
26, 2020-29, 2020-31, 2020-35, 2020-38, and 2020-41 Continuing or Renewing the Mayor's
Declaration of Local Disaster for a Public Health Emergency and establishing new orders to help
abate the COVID-19 public health crisis. (C. Hoisted, City Manager)
Staff Comments
City Manager Hoisted addressed Council stating the Governor extended his declaration for 30 days on
September 7. Our Ordinance is set to expire at 11:59 p.m. on September 8. The proposed Ordinance has no
changes except the expiration date is proposed to be December 8, 2020 at 11:59 p.m.
Council Action
A motion was made by Mayor pro tern Forrester, seconded by Councilman Duke, to approve Ordinance No.
2020-48 amending Ordinance Nos. 2020-24, 2020-25, 2020-26, 2020-29, 2020-31, 2020-35, 2020-38, and
2020-41 Continuing or Renewing the Mayor's Declaration of Local Disaster for a Public Health Emergency
and establishing new orders to help abate the COVID-19 public health crisis to expire October 13, 2020 at
11:59 p.m. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent.
Minutes September 8,2020
Wylie City Council
Page 3
Mayor Hogue convened the Council into Work Session at 6:26 p.m.
WORK SESSION
• Discussion regarding the November Council meeting. (C. Hoisted, City Manager)
City Manager Holsted addressed Council stating the regularly scheduled meeting for November is scheduled
for November 10; however, with the dates provided by the counties to Canvass the election results, staff is
proposing to move the regularly scheduled Council meeting to November 17, 2020.
Direction from Council was to move the November City Council meeting to November 17,2020.
RECONVENE INTO REGULAR SESSION
Mayor Hogue convened the Council into Regular Session at 6:28 p.m.
Mayor Hogue convened the Council into Executive Session at 6:29 p.m. and invited North Texas Municipal
Water District board members Marvin Fuller and Keith Stephens to attend.
EXECUTIVE SESSION
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City
Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation
with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,
hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney
for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and
purposes:
Texas Government Code Section:
§551.071—Private consultation with an attorney for the City.
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
§551.087—Discussing certain economic development matters.
§551.073—Discussing prospective gift or donation to the City.
§551.076—Discussing deployment of security personnel or devices or security audit.
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Sec. 551.071. CONSULTATION WITH ATTORNEY; CLOSED MEETING.
A governmental body may not conduct a private consultation with its attorney except:
(1) when the.governmental body seeks the advice of its attorney about:
(A) pending or contemplated litigation; or
(B) a settlement offer; or
(2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules
of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter.
• Receive legal advice regarding PUC Docket No. 46662 pending before the Public Utility
Commission of Texas in the case styled Petition of the Cities of Garland,Mesquite,Plano, and
Richardson appealing the decision by North Texas Municipal Water District affecting
wholesale water rates.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue convened the Council into Open Session at 7:20 p.m
Minutes September 8,2020
Wylie City Council
Page 4
READING OF ORDINANCES
City Secretary Storm read the captions to Ordinance Nos. 2020-46, 2020-47, and 2020-48 into the official
record.
ADJOURNMENT
A motion was made by Councilman Porter, seconded by Mayor pro tem Forrester, to adjourn the meeting at
7:24 p.m. A vote was taken and motion passed 6-0 with Councilwoman Arrington absent.
4..e
Eric Hogue, or
ATTEST: ` OF kr,.
4A0AALL' LUAk ''e `-- -6ti A tak ' °I.?
Stephanie Storm, City Secretary 04 :"`�/ -(
kV
��ILF,GOLORR:JO
‘beVInfled *--"*7-", '-V
,r,0 FE RAiatv4Y
I
Minutes September 8,2020
Wylie City Council
Page 5