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02-23-2010 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, February 23, 2010 —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 6:05 p.m. with the following Wylie City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, Councilman Carter Porter and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Police Chief, John Duscio; Finance Director, Linda Vaughan; 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 Mayor Pro Tern Byboth gave the invocation and Boy Scout Troop 2062 presented the flags and led the Pledge of Allegiance. Troop members in attendance included: Alex Baker, Robert Thatcher, Weldon Hembree, Nathaniel Rodgers, Addison Rogers, Noah Whitworth, Ryan Rigby and Ben Jones. Scout Master Rex Jarvis and Assistant Scout Masters Jason Baker and Garrett Coles were also in attendance. PRESENTATION • Presentation of funds to the City of Wylie by Jerry Hoagland, Collin County Commissioner: ■ 2003 Bond Project—$2,302,110.93 for FM 1378 • 2007 Bond and Open Space Project — $267,500.00 for Community Park Rehabilitation Project • 2007 Bond Project with 2009 Funding - $500,000.00 for McMillan Road(Park Blvd.)from East of McCreary to FM1378 00.06.14 • 2008 Funding - $540,000.00 for Ballard Street from Alanis to County Line Road Minutes February 23, 2010 Wylie City Council Page 1 Collin County Commissioner Jerry Hoagland presented checks in the amounts listed above for various bond grants from Collin County to Mayor Hogue and the entire Wylie City Council. Special recognition was given to City Engineer Chris Hoisted for his work in submitting requests for the funding of these city projects. Mayor Hogue thanked Commissioner Hoagland and Collin County for their continued support to the City of Wylie. • Review and place on file the 2009 Wylie Police Department Annual Traffic Contact Report. (J. Duscio, Police Chief) Police Chief Duscio presented the 2009 Wylie Police Department Annual Traffic Contact Report. He explained that the 2009 crime rate per 1,000 population dropped by 4% overall. There was a decrease in violent crime of 41% over the previous year. He noted that the 2009 report meets and exceeds all requirement of SB 1074. 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. Michelle Blocker addressed council regarding de-annexation of her property located on Paul Wilson Road. 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 February 9, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the City of Wylie for the period ending January 31,2010. (L. Vaughn, Finance Director) C. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of January 31, 2010. (S. Satterwhite, Economic Development Executive Director) D. Consider, and act upon, Resolution No. 2010-09(R) amending Resolution No. 2010- 02(R) to correct the reference to a provision in the Texas Administrative Code in the last recital; and providing for an effective date. (M. Manson, City Manager) 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 7-0. REGULAR AGENDA General Business Minutes February 23, 2010 Wylie City Council Page 2 Presentation • Presentation of the City of Wylie Comprehensive Annual Financial Report (CAFR) for FY 2008-2009. (Weaver and Tidwell, LLP, Audit Firm) Mr. John DeBurro representing Weaver and Tidwell, LLP, addressed council stating that Finance Director Vaughan and the finance department staff were very helpful assisting the firm with their annual audit. He stated that he was pleased to report the firm had given an "unqualified opinion" for Fiscal Year ending September 30, 2009 which is the highest level of assurance that there were no material misstatements found in the audit. Mr. DeBurro reviewed some of the fund balances and gave an overview of the audit. 1. Consider, and act upon, acceptance of the Comprehensive Annual Financial Report (CAFR) for FY 2008-2009. (L. Vaughn, Finance Director) Staff Comments Finance Director Linda Vaughan addressed council stating that 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, L.L.P. has performed an audit as of September 30, 2009 and completed the presentation to council. She asked that council consider acceptance of the audit in the form of a motion. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to accept the Comprehensive Annual Financial Report (CAFR) for FY 2008-2009. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Resolution No. 2010-10(R) authorizing the City Manager to Execute the Wholesale Water Supply Contract ("Contract") by and between the City of Wylie and the City of Parker, and to Execute Exhibit "D" to the Contract which is the Interlocal Agreement for Disconnection of Parker Water Service Due to Nonpayment of City Sewer Charges by and between the City of Wylie and the City of Parker. (M. Sferra, Public Services Director) Staff Comments City Manager Manson addressed council stating that she was pleased to present a mutually agreed upon Wholesale Water Supply Contract and Disconnection Agreement between the City of Wylie and the City of Parker. She explained that approximately four years ago, the City of Wylie and the City of Parker sought to update their respective Water and Wastewater Certificates of Convenience and Necessity (CCN), and they have been coordinating with the Texas Commission on Environmental Quality to accomplish that task. A CCN defines the service area in which a utility provider may provide services. Both Wylie and Parker have agreed to the boundaries of their respective CCNs; however, Wylie currently provides potable water service to several customers located in the City of Parker's water CCN because Parker cannot provide the necessary water infrastructure at this time. She explained that once the required infrastructure was provided by Parker, the supply to those areas could be transferred to Parker. Council Discussion Councilman Porter asked if the City of Parker was charging those customers for the service. City Manager Manson explained that the City of Wylie grew into Parker's water supply in this area. The City of Minutes February 23, 2010 Wylie City Council Page 3 Wylie was receiving the revenues from the service provided to those customers. Councilman Porter asked who paid for the original infrastructure to provide water service to those customers. City Manager Manson reported that each property owner paid for their own infrastructure. Council Action A motion was made by Councilman White, seconded by Councilman Porter to adopt Resolution No. 2010-10(R) authorizing the City Manager to execute the Wholesale Water Supply Contract by and between the City of Wylie and the City of Parker, and to execute Exhibit "D" to the contract which is the Interlocal Agreement for Disconnection of Parker Water Service due to Nonpayment of City Sewer Charges by and between the City of Wylie and the City of Parker. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Resolution No. 2010-11(R) evidencing support for a proposed senior assisted living community to be built in Wylie by the Sphinx Development Corporation. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the applicant Sphinx Development Corporation is seeking to apply 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 Brown Street (F.M. 3412) and west of Westgate Way as is restricted to the head of household being 55 years of age or older. She noted that the proposed resolution only indicates the support by the city for the project. Any platting and zoning would be addressed at a later date. Council/Applicant Discussion Mayor Pro Tem Byboth asked if all members of the household were required to be over 55 years of age. Planning Director 011ie replied that it was her belief that once the tax credit was issued it would be required that residents were 55 years of age or older. Joe Aqumadu (applicant), residing at 7635 Tanglechent Dr., Dallas, Texas, addressed council stating that all residents residing within the development would be required to be 55 years of age or older. He reported that research had been obtained by the developer showing that 480 housing units would be needed within this area for 55 years and older. He explained the proposed development would be approximately 120 residential units. Mayor Pro Tern Byboth asked if there was a limit of time that the restriction would be required by the state. Mr. Agumadu stated that the minimum time the development would require age restriction would be 20 years. He reported that Sphinx Development Corporation was applying for a 40 year term. Mayor Hogue asked what would happen after that time. Mr. Agumadu reported that the property would no longer require that restriction. Mr. Agumadu noted that he would apply for a planned development zoning if the application was approved by TDHCA. He asked that council consider support of the proposed resolution so the application process could move forward. Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to adopt Resolution No. 2010-11(R) evidencing support for a proposed senior assisted living community to be built in Wylie by the Sphinx Development Corporation. A vote was taken and the motion passed 7-0. Mayor Hogue convened into work session at 7:15 p.m. All council members were present. Minutes February 23, 2010 Wylie City Council Page 4 WORK SESSION • Discussion, input and direction with Holzman Moss and ArchiTEXAS regarding the new Municipal Complex Construction, to include: o Review/approval of designs and mock-ups for the custom light fixtures o Review/approval of final furniture changes o Review/approval of miscellaneous construction items Doug Moss (Holzman Moss) and Craig Melde (ArchiTEXAS) presented several options for furniture and light fixtures for the new Municipal Complex. Direction from council was given regarding the furniture and fixtures, and all within the construction budget. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue convened into Regular Session at 8:35 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to adjourn the meeting at 8:37 p.m. Consensus of the council was to adjourn. Eric Hogue, May r ATTEST: 44OF ,6 41,-‘ r 11101i!Ir Carole Ehrlich, City Secretary 11 /% lb- "!rilltgEZZP. ,7* OP 1100 Minutes February 23, 2010 Wylie City Council Page 5