02-10-2009 (City Council) Minutes Wylie City Council
CITY OF WYLIE
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Minutes
Wylie City Council
Tuesday, February 10, 2009 —7:00 pm
Wylie Municipal Complex — Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 7:00 p.m. with the following City Council
members present: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick
White, Councilman Carter Porter, and Councilman Merrill Young. Mayor Pro Tern Red Byboth
was absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; Police
Chief, John Duscio; Public Services Director, Mike Sferra; Building Inspector Mike McAnnally;
Interim Finance Director, Melissa Beard; Public Information Officer, Craig Kelly; City Secretary,
Carole Ehrlich, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Eric Hogue gave the invocation and City Manager Mindy Manson led the Pledge of
Allegiance.
PRESENTATIONS
• Presentation of the Comprehensive Annual Financial Report for FY 2007-2008.
(Weaver and Tidwell L.L.P./M. Beard, Interim Finance Director)
Interim Finance Director Beard addressed Council stating that the City Charter in Article VII, Municipal
Finance, Section 13: Independent Audit requires that at the end of the fiscal year an independent audit
be made of all accounts of the City by a certified public accountant. In compliance with the City Charter,
our outside auditor, Weaver and Tidwell, LLP has performed an audit as of September 30, 2008. This is
Moir. the first year for the audit to be performed by Weaver and Tidwell, LLP. She introduced Mr. Jerry Gaither,
Partner, and Mr. John DeBurro, Senior Manager. Mr. Gaither and Mr. DeBurro gave a brief presentation
regarding the 2007-2008 CAFR. Mr. Gaither reported that the firm was very happy to be in Wylie and
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Wylie City Council
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perform the first audit by their firm. He reported that it was a very good audit. Mr. Gaither highlighted
some of the fund balances within the audit and reported that all fund balances were strong in all areas.
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 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 from the February 2, 2009 Special
Called Meeting of the City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2009-04(R) ordering a General Election to
be held jointly with the Wylie Independent School District on May 9, 2009 for the
purpose of electing two City Council members, Places 2 and 4, to the Wylie City
Council to fill expired terms. (C. Ehrlich, City Secretary)
C. Consider, and act upon, a Joint Election Contract between the City of Wylie and
Wylie Independent School District (WISD) to be administered by the Collin County
Elections Administrator for the May 9, 2009 Wylie General Election. (C. Ehrlich,
City Secretary).
D. Consider, and act upon, Ordinance No. 2009-06 amending Chapter 110, Article III
of the City of Wylie Code of Ordinances for the sole purpose of relocating Section
110-114 enacted by Ordinance No. 2008-19 (Cell Phones In School Zone) to Section
110-115. (J. Duscio, Police Chief)
Council Action
A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve
the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Mayor Pro
Tem Byboth absent.
REGULAR AGENDA
General Business
1. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report
(CAFR) for FY 2007-2008 after presentation by the audit firm of Weaver and
Tidwell,LLP. (Melissa Beard, Interim Finance Director)
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Staff Comments
Interim Finance Director Beard reported that the Council had heard the presentation by Weaver and
Tidwell L.L.P. for the 2007-2008 Comprehensive Annual Financial Report (CAFR). She reported that
Council could take action to accept the report and place on file.
City Manager Manson recognized and thanked Interim Finance Director Beard and her staff for the hard
work they performed during this annual audit.
Council Action
A motion was made by Councilman Young, seconded by Councilman White to accept the
Comprehensive Annual Financial Report (CAFR) for FY 2007-2008 as presented by the audit
firm of Weaver and Tidwell, L.L.P. A vote was taken and the motion passed 6-0 with Mayor Pro
Tem Byboth absent.
2. Consider, and act upon, Resolution No. 2009-05(R) endorsing certain legislative
changes to enhance the competitive electric market supported by Cities Aggregation
Power Project, Inc. (CAPP). (J. Butters, Assistant City Manager)
Staff Comments
.. . Assistant City Manager Butters addressed Council stating that the City of Wylie is a member of the Cities
Aggregation Power Project (CAPP). The CAPP Board of Directors has voted to authorize certain
legislative efforts on behalf of its members during the 815` Texas Legislative Session. CAPP has
requested that all member cities adopt a model resolution in support of the CAPP legislative agenda and
to forward the adopted resolution to the entities' representatives in the Texas House and Senate.
Council Action
A motion was made by Councilman Porter, seconded by Councilman Goss to approve
Resolution No. 2009-05(R) endorsing certain legislative changes to enhance the competitive
electric market supported by Cities Aggregation Power Project, Inc. (CAPP). A vote was taken
and the motion passed 6-0 with Mayor Pro Tem Byboth absent.
3. Consider, and act upon, Resolution No. 2009-06(R) evidencing the support for a
proposed senior living community to be built in Wylie; authorizing PWA Senior
Community, L.P. to apply to the Texas Department of Housing and Community
Affairs for funding for such senior living community; and providing an effective
date. (M. Manson, City Manager)
Staff Comments
City Manager Manson addressed Council stating that during the February 2, 2009 meeting, the City
Council heard a presentation from Tony Sisk of Churchill Residential, Inc. regarding a proposed
application for Housing Tax Credits through the Texas Department of Housing and Community Affairs
which would allow the rents to remain relatively low for the specified income restricted senior residents.
The proposed Senior Living Facilities would be located south of the Target development, east of
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Wylie City Council
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McCreary Road. In order for an entity to apply for TDHCA funds where the property is within a non-
participating Home Fund City, that entity must get a Resolution from the City indicating the City's support
of the project. There is no liability placed on the City.
Council/Developer Discussion
Mayor Hogue asked Mr. Tony Sisk representing PWA Senior Community L.P. to come forward to answer
questions. Councilman Young asked if there were restrictions allowing only residents over 55 years of
age to reside in the senior apartments. Mr. Sisk replied that when the firm files with the federal
government they must place deed restrictions on the property. He reported that if those deed restrictions
are not closely adhered to, the firm could lose funding assistance. He explained that this amounted to
several million dollars. City Manager Manson reported that there was restricted zoning placed on the
property as well.
Council Action
A motion was made by Councilman Young, seconded by Councilman Porter to approve
Resolution No. 2009-06(R) evidencing the support for a proposed senior living community to be
built in Wylie; authorizing PWA Senior Community, L.P. to apply to the Texas Department of
Housing and Community Affairs for funding for such senior living community; and providing an
effective date. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent.
4. Consider, and act upon, Ordinance No. 2009-07 amending Chapter 100, Article II,
Section 110-56 of the Wylie Code of Ordinances and Ordinance No. 78-17, Article
IV, Section 13 authorizing the City Manager to designate and post stop signs and
traffic control devices according to the Manual of Uniform Traffic Control Devices
and amending Chapter 100, Article II, Section 110-41(1) of the Wylie Code of
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Ordinances and Ordinance No. 97-10, Section 1, to allow the City Manager to
designate the City Traffic Engineer to place, erect and maintain traffic control
devices, providing for a penalty for the violation of the ordinance; providing for
repealing, saving and severability clauses; providing for an effective date and
publication of the caption. (C. Holsted, City Engineer)
Staff Comments
City Engineer Holsted addressed Council stating that on January 29, 2009, a multi-way stop control
warrant analysis was completed on the Brown Street and Westgate Way intersection. The intersection
meets warrants 1, 2 and 3 of the multi-way stop control warrant criteria as detailed in the Texas Manual
for Uniform Traffic Control Devices(MUTCD). A traffic signal will be installed at this intersection as part of
the Brown Street paving improvements project. Staff recommends a stop sign be installed at the
intersection until the traffic signal is operational.
Council Action
A motion was made by Councilman Goss, seconded by Councilman White to approve
Ordinance No. 2009-07 amending Chapter 100, Article II, Section 110-56 of the Wylie Code of
Ordinances and Ordinance No. 78-17, Article IV, Section 13 authorizing the City Manager to
designate and post stop signs and traffic control devices according to the Manual of Uniform
Traffic Control Devices and amending Chapter 100, Article II, Section 110-41(1) of the Wylie
Code of Ordinances and Ordinance No. 97-10, Section 1, to allow the City Manager to
designate the City Traffic Engineer to place, erect and maintain traffic control devices, providing
for a penalty for the violation of the ordinance; providing for repealing, saving and severability
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clauses; providing for an effective date and publication of the caption. A vote was taken and the
motion passed 6-0 with Mayor Pro Tem Byboth absent.
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5. Consider, and act upon, approval of a Development Agreement between the City of
Wylie and Woodbridge North I, Ltd. for reimbursement of the construction of
Woodbridge Parkway from FM 544 to Hensley Lane. (C. Holsted, City Engineer)
Staff Comments
City Engineer Hoisted addressed Council stating that in August 2008, construction for Woodbridge
Parkway from FM 544 to Hensley Lane was completed by Woodbridge North I, Ltd. (WBN). The project
consisted of the construction of a 4-lane divided concrete thoroughfare with related drainage
improvements as shown on the drawings attached to the agenda report. The project is identified in the
Thoroughfare Capital Improvement Plan and is included in the thoroughfare impact fee calculation.
City Engineer Hoisted reported that since August 2007, approximately $570,000 has been collected for
thoroughfare impact fees in the west zone. It is estimated that $250,000 will be necessary for the
purchase of right of way for Springwell Parkway leaving a balance of $320,000. The remaining
reimbursement will be sent to WBN as fees are collected in the west zone as outlined in the agreement.
Council Action
A motion was made by Councilman Young, seconded by Councilwoman Spillyards to approve a
Development Agreement between the City of Wyllie and Woodbridge North I, Ltd. for
reimbursement of the construction of Woodbridge Parkway from FM 544 to Hensley Lane. A
vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth 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 captions to Ordinance No.'s 2009-06 and 2009-07 into the
official record.
Mayor Hogue convened into Work Session at 7:30 p.m.
WORK SESSION
• Discussion regarding City of Wylie providing Fire Protection Services to the Seis
Lagos District. (R. Corbin, Fire ChieJ
Fire Chief Randy Corbin addressed Council stating that representatives from the Seis Lagos District
(north of Wylie) had approached the City of Wylie requesting fire protection services. The history of
service to this area has been provided by the City of Lucas as the first responder, which is logistically the
closest. This area also falls under the Mutual Aid contract with Collin County and other surrounding
jurisdictions. He reported that if Lucas declines to provide service in the future, the following are positives
and negatives to Wylie providing the first responder fire protection.
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Chief Corbin reported that positives to Wylie providing service are:
• Wylie has an ambulance already providing service to Lucas via the Southeast Coalition
• The medic will be by themselves without any support and this could be a dangerous situation
so the need of a Quint or a First Responder is needed. This means that more than likely we
would respond to take care of our fellow employees.
• Wylie Quint is only about 2 to 3 miles away from Seis Lagos and the time there would not be
extreme
• There are not many calls to Seis Lagos causing a major demand
• It is better for us to coordinate our responses versus getting called late in an emergency at
Seis Lagos
He reported that some of the negatives included:
• Seis Lagos is within the Lucas District and is not contiguous to the Wylie border
• Wylie Quint will be out of district and not able to provide service to the City of Wylie should a
simultaneous run occur
Chief Corbin reported that any future action regarding fire protection, should this proceed, should be
provided by the City of Wylie for a specified short term until other provisions can be made.
Mayor Hogue convened into Regular Session at 8:01 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Work Session.
Mayor Hogue convened into Executive Session at 8:05 p.m. reading the posting below.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
§§ 551.087 Deliberations regarding economic development negotiations
To discuss commercial or financial information that the governmental body has received
from a business prospect that the governmental body seeks to have locate, stay or expand
in or near the territory of the governmental body and with which the governing body is
conducting economic development negotiations.
• Discussion regarding an update and status of economic negotiations with Direct
Development.
Mayor Hogue reconvened into Regular Session at 8:12 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
There was no action taken by the City Council as a result of Executive Session.
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ADJOURNMENT
With no further business before the Wylie City Council, Mayor Hogue adjourned the meeting at
8:12 p.m. Consensus of Council was to adjourn.
Eric Hogue, Mayor
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Wylie City Council
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