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07-28-2009 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, July 28, 2009 — 6:00 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 6:02 p.m. with the following Wylie City Council members present: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter, and Councilman Rick White. Councilman Bennie Jones arrived at 6:25 p.m. and Mayor ProTem Red Byboth arrived at 8:17 p.m. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Building Official, Mike McAnnally; Police Chief, John Duscio; Finance Director, Linda Vaughan; Planning Director, Renae' 011ie; Library Director, Rachel Orozco; Public Services Director, Mike Sferra; Construction Manager, Shane Colley; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Boy Scout Troop 302 led the Pledge of Allegiance. Scouts in attendance were: Eric Balser, David Feldman, David Harris, Tyler Humphreys, Brendan Stephens, Lawson Taylor, Jacob Ward, and Travis Wright. Scout leaders were Tim McCord and Jeanine Stevens. PRESENTATION • Presentation of Life Saving Award (J. Duscio,Police Chief) o Officer Jacob Perry o Officer Amanda Peeples o Officer Shane Varner Mayor Hogue and Police Chief John Duscio presented Life Saving Awards to Officer Jacob Perry and Amanda Peeples; both officers were in field training and helped save the lives of two Minutes July 28, 2009 Wylie City Council Page 1 individuals at Southfork Mobile Home Park on May 24, 2009. Chief Duscio explained that Officers Hermes, Peeples, McIntosh, and Perry arrived and discovered an adult male and an adult female lying on their backs and appearing to be unconscious. The female did respond to a sternum rub but the male was not breathing. Officer McIntosh retrieved the AED from his car and Officer Perry retrieved a breathing mask. Officers Perry and Peeples began CPR on the male subject. The subject responded to the CPR and began breathing. EMS arrived and took over care of the patients. Mayor Hogue and Police Chief John Duscio presented the Life Saving Award to Shane Varner who saved the life of an infant found face down in a swimming pool. Chief Duscio explained that on July 8, 2009 at approx. 1515 hrs. Patrol Officer, Shane Varner, was dispatched to a call involving an unresponsive infant found face down in a pool. Officer Varner arrived prior to Fire Department personnel. Officer Varner immediately went to the child who was not breathing and was blue in color. He immediately started life saving techniques including CPR and was able to bring the child back. She started coughing and crying and regained color. Officer Varner's quick actions saved the child's life. Police Chief Duscio commented that these police officers' selfless actions are a direct reflection of the excellent caliber of Wylie Police personnel and the department as a whole. WORK SESSION • Discussion regarding alignment options for McMillen Road at Muddy Creek. (C. Hoisted, City Engineer) City Engineer Hoisted addressed Council stating that on March 10, 2009 Council approved an engineering agreement with Binkley & Barfield for the design of the expansion of McMillen Road from McCreary Road to FM 1378. He reported that Collin County Bond funds are being used for the engineering services. He presented two alignment options that had been developed at the bridge crossing with Muddy Creek as shown on the displays. He asked for direction regarding which option to further research for possible consideration within the final design. He reported that both options would have a similar cost associated with the alignment. Direction from council was to further research Option #2. • Discussion of the relocation options of Water Delivery Point No. 1. (C. Hoisted, City Engineer) City Engineer Hoisted addressed Council stating that the City of Wylie currently operates three water delivery points from the North Texas Municipal Water District (NTMWD). He explained that Delivery Point #1 is comprised of four pumps located on top of a wet well along the outside wall of the original NTMWD Water Treatment Plant. The Water Distribution System Master Plan Update, completed in 2005, assumed that the pumps could be moved to a separate structure and connected to the existing wet well. Upon further conversation with NTMWD over the past year, it has been determined that an air gap must be provided between the City of Wylie pumps and the NTMWD supply which the current configuration does not provide. He noted, the addition of an air gap will require the construction of a ground storage tank. City Engineer Hoisted suggested that one possible location for a new tank site is on Brown Street just west of Eubanks Lane. On March 30, 2009 the City requested that Minutes July 28, 2009 Wylie City Council Page 2 NTMWD participate in the cost of relocating the delivery point. The District agreed to participate in the amount of $475,000 above their normal participation in the cost of construction and installation of a meter and control valve vault. He asked council for direction in continuing to research this site for the new delivery point. Direction from the council was to continue to research the Brown Street, west of Eubanks Lane location for the new delivery point. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 6:15 p.m. 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. Tim McCord, residing at 203 Riva Ridge, Wylie, Texas, addressed council requesting consideration of a left turn lane on Country Club Road turning into the Wylie High School parking lot. He commented that it currently was difficult to maneuver the turn. 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 the July 7, 2009 Special called Meeting and the July 14,2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Replat for Woodbridge Crossing Addition, Block A, Lots 1R-7R to dedicate the necessary utility easements to accommodate the development on seven (7) commercial lots on 27.07 acres, generally located on the southeast corner of FM 544 and McCreary Road. (R. 011ie, Planning Director) C. Consider, and act upon, approval of a Replat for Woodbridge Crossing Addition, Block A, Lots 8R-17R to dedicate the necessary utility easements to accommodate the development on ten (10) commercial lots on 34.50 acres, generally located on the southwest corner of FM 544 and Springwell Parkway. (R. 011ie, Planning Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of June 30,2009. (L. Vaughan, Finance Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of June 30, 2009. (S. Satterwhite, Executive Director, WEDC) Minutes July 28, 2009 Wylie City Council Page 3 Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Mayor ProTem Byboth absent. Mayor Hogue announced at 6:45 p.m. there would be a short recess, with the Regular Session beginning at 7:00 p.m. due to a published public hearing that will be heard at 7:00 p.m. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending regulations to Zoning Ordinance No. 2001-48, Article 6, as it relates to the proposed expansion of the Downtown Historic District to include property on Ballard Avenue north of Brown up to approximately 419 North Ballard on the west and Block 1 Tract 48 of the Truett Abstract on the east. ZC 2009-04 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that periodically staff has been approached by developers with an interest in commercial development along North Ballard from Brown Street extending north to the city limit boundary. Staff has been cautious to support any request that may be construed as spot zoning; therefore extension of DTH to the north seemed to be in the best interest of the community. The extension of DTH to the north will allow existing Single-Family to continue and flexibility of limited commercial development to occur within certain guidelines, and would preserve the pedestrian friendly atmosphere and architectural character of the Downtown Historic District. Ms. 011ie reported that the commissioners discussed the current housing make up of the subject area. There are 12 single family dwelling units located within the subject area, of which 5 conform to the current SF-10/24. The Commission questioned the reasoning for the requested change. With the higher traffic volume along Ballard and Brown staff reiterated that the area lends itself for a more light commercial type uses as opposed to strictly single-family development. Extending the Downtown Historic District north of Brown would be the simplest approach to allow for more of a mixed use district. Phillip Johnson, Planning and Zoning Commission chair, addressed council stating that a few members of the commission were concerned that Saint Anthony's Catholic Church owned 4 parcels/lots (8.3975 acres) within the proposed expansion including a single family dwelling of approximately .5485 acres on the northwest corner of Ballard and Brown. He reported that the church was against the zoning change. The commission felt because the church owned property on both sides of the proposed change it would be impossible to approve without including the church. Ms. 011ie noted of the 9 single family homes along the west side of North Ballard, 6 are legally nonconforming structures as it relates to exterior materials. If those structures were damaged in excess of 75%, the repair and/or replacement of such structures must conform to all the regulations of the current SF-10/24 district. However, if the area were rezoned to Downtown Historic District, then those properties would be conforming in that they meet the requirements of the DTH exterior material and could be rebuilt/repaired to match existing structure. She reported that fifty-seven (57) notifications were mailed to property owners within 200 feet in accordance with State Law. As of July 1, 2009, twelve (12) responses were received; four(4) in favor and eight (8) against the request. Ms. 011ie explained that one of the commission members had been in contact with the local priest and explained the zoning change in detail, however the bishop of the diocese was opposed to the zoning change giving no reason for the opposition. She reported that the proposed change would be more of a benefit to the church then an issue. Minutes July 28, 2009 Wylie City Council Page 4 During the Planning Commission meeting, the commissioners made a motion to approve the requested zoning. The motion failed 3-3. Another motion was made to deny the requested zoning change. The 6..46 Commission voted 4-2 to recommend denial of the proposed amendment. She explained that because the Commission is recommending denial, it will take a three-fourths majority vote (6 of 7 members) of the Council to reverse the Commission's vote. Council Discussion Councilman Porter noted that in his opinion, what was needed was citizen education regarding the DHD extension proposal. He suggested that staff contact the residents affected, that voiced opposition, and explain how these changes would help; this would greatly simplify the issue. Councilman Goss stated that he was for communication but not having the city staff do the communicating. Planning Director 011ie replied that communicating with the residents was part of the duties that staff provides. Mayor Hogue noted that the correct procedure was to direct the City Manager to provide communication to the residents and she would direct staff to communicate the appropriate information. Councilman Goss stated that he believed the council should confirm the wishes of the Planning Commission and deny this zoning change, noting that he felt the commission was appointed to make these recommendations and the council should follow their recommendations. Mayor Hogue replied that he had served on the Planning Commission for three years and had chaired the commission and he appreciated the time they spent on reviewing zoning cases, however they are an advisory board and their job is to advise us; the"buck" stops with us to make the tuff decisions that benefit all the citizens of Wylie. Councilman Porter stated that in view of the super majority needed to vote on this item, he recommended tabling the item until the full council could be present and communication with the residents could be completed. Councilman Goss stated that he was totally against tabling the item. Councilwoman Spillyards stated that she wished to communicate and take additional time on the zoning change because it was such an important issue. Councilman Porter concurred. Public Hearing Mayor Hogue opened the public hearing for Zoning Case No. 2009-04 at 7:10 p.m. No one was present to address the Wylie City Council on Zoning Case No. 2009-04. Council Action A motion was made by Councilman Porter, seconded by Councilman White to table Zoning Case No. 2009-04 and continue the public hearing to the August 25, 2009 city council meeting. A vote was taken and the motion passed 5-1 with Mayor Hogue, Councilwoman Spillyards, Councilman Jones, Councilman White and Councilman Porter voting for and Councilman Goss voting against. Mayor Pro Tern Byboth was absent. General Business 2. Consider, and act upon, Resolution No. 2009-21(R) authorizing continued participation with the Atmos Cities Steering Committee and Authorizing the Payment of 2 Cents per Capita to the Atmos Cities Steering Committee to Fund the Regulatory and Related Activities. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that the Atmos Cities Steering Committee (ACSC) has historically intervened in Atmos rate proceedings and gas utility related rulemakings to protect the interests of municipalities and gas customers residing within municipal boundaries. ACSC is participating in Railroad Commission dockets and projects, as well as court proceedings, affecting gas utility rates. In Minutes July 28, 2009 Wylie City Council Page 5 order for ACSC to continue its participation in these activities which affects the provision of gas utility service and the rates to be charged, it must assess its members for such costs. She noted that the expertise the member cities receive in these rate cases from the ACSC well outweighs the fees charged ' ' to each member city. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to approve Resolution No. 2009-21(R) authorizing continued participation with the Atmos Cities Steering Committee and authorizing the payment of 2 cents per capita to the Atmos Cities Steering Committee to fund the regulatory and related activities. A vote was taken and the motion passed 6-0 with Mayor ProTem Byboth absent. 3. Consider, and act upon, Ordinance No. 2009-20 approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the Company's Rate Review Mechanism Filing in all Cities Exercising Original Jurisdiction; declaring existing rates to be unreasonable; requiring the company to reimburse cities reasonable ratemaking expenses; adopting Tariffs that reflect rate adjustments consistent with the Negotiated Settlement and finding the rates to be set by the attached Tariffs to be just and reasonable; approving Atmos' Proof of Revenues; adopting a Savings Clause; determining that this Ordinance was passed in accordance with the requirements of the Texas Open Meetings Act; declaring an effective date; and requiring delivery of this Ordinance to the company and the steering committee's legal counsel. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that the city, along with 150 other cities served by Atmos Energy Mid-Tex Division ("Atmos" or "Company"), is a member of the Atmos Cities Steering Committee ("ACSC"). Pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop the Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process controlled in a three year experiment by ACSC Cities as a substitute to the current GRIP procedures. Manson reported the original request by Atmos back in March was for a twenty million dollar increase in rates. ACSC negotiated that rate down to a 2.6 million dollar increase which is a 70% reduction in the original amount. This settlement rate will affect the average consumer by about fifteen cents. She noted that working with ACSC and their experts that negotiate with Atmos greatly benefit the many cities who are members of the ACSC. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve Ordinance No. 2009-20 approving a Negotiated Resolution between the Atmos Cities Steering Committee and Atmos Energy Corp. Mid-Tex Division regarding the company's rate review mechanism filing in all cities exercising original jurisdiction. A vote was taken and the motion passed 6-0 with Mayor ProTem Byboth absent. MOM READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2009-20 into the official record. Minutes July 28, 2009 Wylie City Council Page 6 Mayor Hogue recessed into Executive Session noting the exceptions below at 7:25 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seg. Texas Government Code, to wit: §§ 551.087 Deliberation Regarding Economic Development Negotiations; Closed Meeting • Discussion regarding negotiations with Direct Development. §§ 551.072 Deliberation Regarding Real Property; Closed Meeting Pursuant to Section 551.072, Texas Government Code, deliberation on certain matters concerning real property. • Right-of-way and related easements for the construction of improvements to Brown Street East. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into open session at 8:36 p.m. 4. Consider, and act upon, authorizing the Mayor to enter into an amended and restated Retail Development Agreement with Direct Development. (M. Manson, City Manager) Staff/Developer Comments Wylie Economic Development Corporation executive director Sam Satterwhite addressed Council stating that he was here today after many months of negotiations because, as of August 1, 2009, Direct Development will be in default of their development agreement with WEDC and the City of Wylie. He explained that the only item they would be in default for is the required square footage performance agreement. He stated that he wanted to be clear regarding any lack of effort or commitment on the part of Direct Development; if you speak to any retailers or merchants, you will find that commitment is not something that Direct Development lacks. He explained that it was two and one half years ago, prior to signing the original agreement that the city decided to put performance measures in place to gauge the success of this project. He noted that the city did not create performance measures, but asked Direct to put those performance measures in place. Direct came to the city recommending that the following performance measures be implemented: Phase #1 — August 1, 2009 - all public infrastructure (4.5 miles of roadway) and signals; overhead electrical and 280,000 square feet of retail space be completed. Phase#2—August 1, 2011 — 530,000 cumulative square feet be completed. Valuation—July 2012 —total development be valued at $83,000,000. Mr. Satterwhite reported that the original performance measures were considered conservative. He reported that since that time, Direct Development has seen a shift to non-activity by retail merchants; the retailers are just not there. "Direct cannot provide what the market cannot give." Minutes July 28, 2009 Wylie City Council Page 7 He reported that Direct has complied with all infrastructure funding and construction required by the agreement. He explained that tonight he was presenting a set of re-stated performance ..o measures that have been recommended by both Direct Development and staff. He noted that the phases were smaller to allow closer tracking of the development process. They include: Phase I —Target— 186,000 sq ft— September 1, 2009 (completed) Phase II —35,000 sq ft—November 30, 2009 Phase III —64,000 sq ft— May 1, 2011 (24 month extension) Phase IV— 385,000 sq ft— September 1, 2012 Phase V—530,000 sq ft— September 1, 2013 (25 month extension) Valuation - July 31, 2014 - $83,000,000 (24 month extension) Mr. Satterwhite reported that there is a new provision within the agreement that is very important to the city and to Direct Development that addresses default of the new re-stated agreement. If any portion between Phase III and Phase V or the valuation requirement fall short, the 12 million dollar cap in sales tax reimbursement to Direct will be reduced to 6 million. No other amendments or discussion will be made unless requested by the city council. If the cap is reduced for any reason, the performance measures from that point forward would not be required. He noted that 4B sales tax was not included in the original reimbursement provisions. David Watson, representing Direct Development, addressed council stating that he wanted to comment how much he appreciated City Manager Manson and WEDC Director Sam Satterwhite leading this effort through the city to re-evaluate the agreement in light of the tsunami that has hit the retail sector over the past year. He thanked the Wylie City Council for taking the time to consider the re-stated development agreement. He thanked city staff and council for having the forethought and talent on staff to evaluate this agreement and react in a fashion that is a win-win for the city and Direct Development. He commented that this partnership is unique not only in the metroplex but in the state. Direct Development is currently working with similar communities and developers nationwide that do not have Target Stores opening and the development progress is far behind; with no public infrastructure in place. "This is the best example of a public-private partnership that I have ever been associated with." Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to authorize the Mayor to enter into an amended and restated Retail Development Agreement with Direct Development. A vote was taken and the motion passed 5-1 with Mayor Hogue, Councilwoman Spillyards, Councilman Porter, Councilman Jones, and Councilman White voting for and Councilman Goss voting against. Mayor ProTem Byboth was absent. 5. Consider, and act upon,Resolution No. 2009-22(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way and related easements for the construction of improvements to Brown Street from SH 78 to Stone Road. (C. Holsted, City Engineer) Minutes July 28, 2009 Wylie City Council Page 8 Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve Resolution No. 2009-22(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way and related easements for the construction of improvements to Brown Street from SH 78 to Stone Road. A vote was taken and the motion passed 6-0 with Mayor ProTem Byboth absent. Mayor Hogue convened into work session at 8:05 p.m. Mayor ProTem Byboth arrived for the work session at 8:17 p.m. WORK SESSION • Discussion regarding the City of Wylie FY2009/2010 Annual Budget. (M. Manson, City Manager) City Manager Manson addressed council stating that in the July 28, 2009 budget work session most of the general funds were discussed. Since that time, the certified tax valuations have come in from the three taxing entities. She reported that the certified values are down from the preliminary valuations by $43,625,191 or 1.96%. She reported that the proposed budget was still balanced but had little excess. Some of the recommendations made to the current proposed budget were: • Transfer of $37,000 to the Recreation Fund for Summer Concert Series from City Council not-for-profit contributions account • Reduce transfer to Emergency Communications Fund by $100,000 • Increase of street budget by $150,000 for Railroad Quiet Zones paid from General Fund to Fund Balance City Manager Manson presented Utility revenues and expenditure source percentage forecasts for FY 2009/10. Revenues were forecast to be $10,960 with the biggest portion collected from service fees and expenditures forecast at $10,794,124 with the largest portion in non- departmental expenditures. The public hearing on the FY 2009-10 Budget will be held on August 25, 2009. Two public hearings will be held on the tax rate; August 25, 2009 and a special called meeting scheduled for September 1, 2009. Approval of both the FY 2009-10 Budget and the FY 2009-10 Tax Rate will be considered on September 8, 2009 at the regular city council meeting. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 8:45 p.m. ADJOURNMENT Minutes July 28, 2009 Wylie City Council Page 9 With no further business before the Wylie City Council, a motion was made by Councilman — . White, seconded by Councilman Porter to adjourn the meeting at 8:46 p.m. Consensus of the Wylie City Council was to adjourn. l/ Eric Hogue, Mayor 4gOFWpt ATTEST: c _ - . I II1� ,/ 'e . ....,--,-w „,j....,, ,,,,. -,,-, , . , A r- 1 , . ,,, ..„-ti,if ,0_,e......d .18870 4hwtd. Caro a Ehrlich, ty Secretary 460.10 Minutes July 28, 2009 Wylie City Council Page 10