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02-10-2009 (City Council) Minutes Wylie City Council CITY OF WYLIE _----'- 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 Minutes—February 10, 2009 Wylie City Council Page 1 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) Minutes—February 10, 2009 Wylie City Council Page 2 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 Minutes—February 10, 2009 Wylie City Council Page 3 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 alkalbtalb 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 Minutes—February 10, 2009 Wylie City Council Page 4 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. MaSe 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. Minutes—February 10, 2009 Wylie City Council Page 5 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. Minutes—February 10, 2009 Wylie City Council Page 6 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 aF Il •fr,r(rPvia .. ATTEST: ` : •' % • C/agGe4 crCity Secretary Minutes-February 10, 2009 Wylie City Council Page 7