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09-09-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE • Minutes Wylie City Council Tuesday, September 9, 2008—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 6:01 p.m. with the following City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance r"" Director, Larry Williamson; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; Building Director, Mike McAnnally; Fire Chief, Randy Corbin; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the Invocation and Lieutenant Mike Atkison led the Pledge of Allegiance. PRESENTATION • Renewable Energy Sources: Solar Wind Technologies (R. 011ie, Planning Director) Mike Correale, representing Solar Wind Technologies, gave Council a short presentation on wind energy. He displayed various types of wind turbines for both commercial use and residential use. He noted that some residential areas were not suited for this type of technology if the homes were densely populated with obstructions such as trees and utility wires. He reported a cost savings of up to 40% when using wind technology in lieu of gas and electric. He noted that wind turbines do require annual maintenance. Direction from Council to staff was to look into technology for both wind and solar and report um" back to Council. Minutes—September 9, 2008 Wylie City Council Page 1 CITIZENS COMMENTS ON NON-AGENDA ITEMS rim 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. Councilman Merrill Young addressed Council stating that "the Wylie Independent School District has been informed by the Texas Education Agency that my teaching certificate will no longer be valid due to accreditation questions about the university that awarded my diploma. I began this school year in a non-teaching role and I plan to continue working through a university that is recognized as accredited through the Texas Education Agency to re-establish my teaching credentials." Allen Morris, former WISD instructor, residing at 307 N. Ballard Avenue, Wylie, Texas stated that it had been his honor and privilege to teach with Merrill Young for several years. "I give him my unmitigated support." 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 August 21, 2008 Special Called Meeting and the August 26, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) r B. Consider, and act upon, a Final Plat for Lanman Addition creating three commercial lots, generally located west of Woodbridge Parkway, north of New Hensley Lane and west of Hooper Road. (R. 011ie Planning Director) Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Byboth to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. RECESS CITY COUNCIL Mayor Hogue recessed the City Council Meeting at 6:24 p.m. CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION Mayor Hogue called to order the Parks & Recreation Facilities Development Corporation meeting at 6:25 p.m. with the following board members present: Anne Hiney, Shirley Burnett, Dan Chestnut, Merrill Young, Rick White, David Goss, and Eric Hogue. ililla Minutes—September 9, 2008 Wylie City Council Page 2 1. Consider, and act upon, approval of the Minutes from the September 11, 2007 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 4B Board Action A motion was made by board member Hiney, seconded by board member Chestnut to approve the minutes from the September 11, 2007 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). A vote was taken and the motion passed 7- 0. 2. Consider, and act upon, approval of the FY2008-2009 4B Budget and authorizing expenditures for the FY2008-2009 Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) 4B Board Action A motion was made by board member Burnett, seconded by board member Goss to approve the 4B Budget and authorizing expenditures for the FY 2008-2009 Community Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 7-0. ADJOURN 7 4B Board Action A motion was made by board member White, seconded by board member Chestnut to adjourn the meeting at 6:29 p.m. A vote was taken and the motion passed 7-0. RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL Mayor Hogue reconvened the Wylie City Council Regular Session at 6:30 p.m. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider,and act upon,amending Planned Development 2006-01 zoning to allow for flexibility of wall signage by establishing provisions within the Commercial Corridor zoned designation (for retail &service uses)of the Planned Development District. ZC 2008-09(R. 011ie. Planning Director) Staff Comment4 Planning Director 011ie addressed Council stating that the subject property is located south of F.M. 544, east of McCreary Road and west of Regency Business Park Addition. Planned Development zoning on this property was adopted by City Council in January 2006 (PD-2006-01) to create an approximately 65 rim acre shopping center consisting of major & junior anchors and multiple pad sites fronting F.M. 544. In March 2008, the Planning &Zoning Commission approved a site plan for Woodbridge Crossing, Lots 1, 2, 6-9, 14 and 17. Currently under development; this 550,000 square foot retail center includes extension of McCreary Road and Springwell Parkway and major anchor, Super Target. Minutes—September 9, 2008 Wylie City Council Page 3 Ms. 011ie explained that this request proposes to amend the PD to allow for revising Section 3.10, Signaae of the adopted PD to allow for flexibility of the City of Wylie's Sign Regulations pertaining to wall """' signage (height and width). The Sign Ordinance limits maximum allowable area for wall signs to one (1) square foot of area for each linear foot of the buildings frontage or lease space frontage in a multiple tenant building, not to exceed four hundred fifty(450) square feet. Planning Director 011ie reported that the applicant proposes: • Occupants with 60 feet or more of lineal frontage of building wall shall be allowed to install wall signs on each face of their building not to exceed 75% of the width of the available building frontage or store frontage for such occupant and the height of the allowable wall signs shall not exceed 7 feet. Ex: 250 feet of frontage x 0.75= 187.5 total allowable width for signs • For occupants with less than 60 feet of lineal frontage of building wall, wall signs on each face of their building shall not exceed 75%of the width of the available building frontage or store frontage for such occupant and the height of the allowable wall signs shall not exceed 4 feet. • Any occupants of buildings located within 300 feet of the property line along FM 544, shall not have wall signs that exceed 4 feet in height. • Target shall be permitted to install its corporate logo bullseye(i) not to exceed 12 feet in diameter on the side and rear of the building, and (ii) not to exceed 9 feet in diameter on the front of the building. Council Discussion! Councilman Goss noted that this change could set precedence for other zoning cases. Ms. 011ie replied that typical provisions within planned development districts recognize opportunities to allow for flexibility of standard regulations with respect to location and minimum impact upon adjacent properties. The general intent of the Sign Ordinance is to control proliferation of signs and potential adverse impact upon adjacent properties and provide uniform regulations of signs by preserving the appearance and attractiveness of the visual environment. She noted that conformity for a 550,000 sq. ft. development versus a strip center, which the current ordinance was written for, is using flexibility and conformity to size. Developer Comments Mr. Don Bouvier representing Direct Development addressed Council stating that this zoning request was thoroughly studied by the firm and they felt the zoning change would be more in conformity to the facade and more in scale with the completed development. Public Hearing Mayor Hogue opened the public hearing at 6:35 p.m. asking anyone present wishing to address Council during the public hearing for Zoning Case 2008-09 to please come forward and limit their comments to three minutes. No one was present to address Council concerning ZC 2008-09. Mayor Hogue closed the public hearing at 6:35 p.m. Minutes—September 9, 2008 Wylie City Council Page 4 Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to amend Planned Development 2006-01 zoning to allow for flexibility of wall signage by establishing provisions within the Commercial Corridor zoned designation for retail & service uses of the Planned Development District (ZC 2008-09). A vote was taken and the motion passed 7-0. General Business 2. Consider, and act upon, Ordinance No. 2008-41 adopting a budget and appropriating resources for Fiscal Year 2008-2009, beginning October 1, 2008 and ending September 30,2009. (L. Williamson, Finance Directory) Staff Comments Finance Director Williamson addressed Council stating that the tax rate being proposed for fiscal year 2008-2009 is $0.8989 per $100 of evaluation. The attached summary of all operating and capital funds includes the budget for the Wylie Economic Development Corporation. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2008-01 adopting a budget and appropriating resources for Fiscal Year 2008- 2009, beginning October 1, 2008 and ending September 30, 2009. A vote was taken and the 7 motion passed 7-0. t 3. Consider, and act upon, ratifying the property tax increase reflected in the approved City of Wylie Fiscal Year 2008-2009 Budget. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that pursuant to H.B. No. 3195 approved during the 2007 Legislative Session, creating a new requirement for the approval of the tax rate. Under Section 4, subsection C the bill states, "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to ratify the property tax increase reflected in the approved City of Wylie Fiscal Year 2008-2009 Budget. A vote was taken and the motion passed 7-0. r"m 4. Consider, and act upon, approval of the Fiscal Year 2008-2009 4B Budget and authorize expenditures for the Fiscal Year 2008-2009 Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) Minutes—September 9, 2008 Wylie City Council Page 5 Staff Comments Finance Director Williamson addressed Council stating that the Parks and Recreation Facilities Development Corporation were established in accordance with State law as a result of the January 15, 1994 election approving the '/: cent sales tax for parks, recreation, and library projects. As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of sales tax receipts for projects approved by the City Council. Further, the Bylaws state that"It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." Council Action A motion was made by Councilman Young, seconded by Councilman Goss to approve Fiscal Year 2008-2009 4B Budget and authorize expenditures for the Fiscal Year 2008-2009 Community Services Facilities Capital Improvement Plan. A vote was taken and the motion passed 7-0. 5. Consider,and act upon, Ordinance No. 2008-42 fixing the tax rate/levy for Tax Year 2008 and for the Budget Year FY2008-2009 at $0.8989 per $100.00 of assessed valuation. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the tax rate needed to fund the FY 2008-2009 budget is $.8989 per $100.00 of assessed valuation. The tax rate is broken down with $.56195 being „,,,, used for operations and maintenance and $.33695 being used to fund the General Debt Service Fund. This tax ordinance will generate levies of$12,274,276 for the General Fund and $7,359,815 for the 18 S Fund. The adopted Fiscal Year 2008-2009 budget requires the support of this ordinance for funding. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve Ordinance No. 2008-42 fixing the tax rate/levy for Tax Year 2008 and for the Budget Year FY2008-2009 at $0.8989 per $100.00 of assessed valuation. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, Resolution No. 2008-36(R) authorizing a study for the purpose of establishing a regional wastewater system with North Texas Municipal Water District, the City of Nevada, City of Lavon, and the City of Farmersville; with a cost not to exceed $15,200.00. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that staff has attended two meetings with NTMWD to discuss a feasibility study for a regional wastewater system to serve the east side of Lake Lavon. The jurisdictions represented included Wylie, Lavon, Nevada and Farmersville. NTMWD agreed to develop a scope of work and obtain a cost proposal in order to determine what the cost would be to those entities interested in participating in the study. As such, all jurisdictions agreed that a regional system through the pus NTMWD is a much more logical approach to the provision of wastewater services. Ms. Manson reported that other cities had been contacted to share in this study; should other cities decide to participate, the cost per city would decrease. Councilman Young asked that staff closely look at what the direct advantages would be if the City chooses to enter a regional wastewater system. Minutes—September 9, 2008 Wylie City Council Page 6 Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Resolution No. 2008-36(R) authorizing a study for the purpose of establishing a regional wastewater system with North Texas Municipal Water District, the City of Nevada, City of Lavon, and the City of Farmersville; with a cost not to exceed $15,200.00. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman Young, Councilman White, and Councilman Porter voting for and Councilman Goss voting against. 7. Consider, and act upon, approval of Change Order No. 1, in the amount of $498,625.46, to Tri-Con Services, Inc. for the construction of the temporary detour on FM 1378. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that the location of the new City facilities is proposed to be just east of the future alignment of FM 1378 and on the existing alignment of the roadway as shown on the attached site plan. The construction of the new City facilities is scheduled to begin prior to the construction of FM 1378; therefore, a temporary detour is necessary to allow the construction of all three buildings to start at the same time. A permit has been approved by TX DOT to allow the construction of the temporary detour. Mr. Hoisted reported that Tri-Con Services is currently working on another project for the City and is willing to construct the proposed detour as well. He reported that this would be more cost effective for the City based on mobilization costs and delayed construction costs for the new facilities. Concrete in lieu of asphalt was also the most cost effective for this particular project. He reported that approximately one half of the constructed detour road would be utilized after the mom construction of SH 1378. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to approve Change Order No. 1 in the amount of$498,625.46 to Tri-Con Services, Inc. for the construction of the temporary detour on FM 1378. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, Resolution No. 2008-37(R) authorizing the City Manager to enter into an Interlocal Agreement with the Southeast Collin County EMS Coalition and the East Texas Medical Center Emergency Medical Services (ETMC EMS) for Regional Emergency Medical Services/Ambulance Services. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed Council stating that the Southeast Collin County EMS Coalition was formed in 1997 allowing participating entities to participate in a cooperative agreement to solicit proposals for a regional contract to provide emergency medical services/ambulance service at a cost no entity could achieve on their own. The Coalition signed the original contract for ambulance service with ETMC EMS in 1999. Although there have been significant changes in the business relationship and the standard operating procedures for the area over the past ten years, the relationship between ETMC EMS and participating governmental entities has been a beneficial one for all involved. rah Minutes—September 9, 2008 Wylie City Council Page 7 Council Action ,.�. A motion was made by Councilman White, seconded by Councilman Young to approve Resolution No. 2008-37(R) authorizing the City Manager to enter into an Interlocal Agreement with the Southeast Collin County EMS Coalition and the East Texas Medical Center Emergency Medical Services (ETMC EMS) for Regional Emergency Medical Services/Ambulance Services. A vote was taken and the motion passed 7-0. 9. Consider,and act upon, Resolution No. 2008-38(R)authorizing the City Manager to enter into an Supplemental Agreement with East Texas Medical Center Emergency Medical Services (ETMC EMS) to contract for Paramedic Ambulance Services. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed Council stating that the Southeast Collin County EMS Coalition was formed in 1997 allowing participating entities to participate in a cooperative agreement to solicit proposals for a regional contract to provide emergency medical services/ambulance service at a cost no entity could achieve on their own. The contract between ETMC EMS and the Southeast Collin County E.M.S. Coalition funds only one full-time ambulance in the contract. In order to provide the citizens the best possible service within the Coalition, the City of Wylie has provided personnel to support the back-up ambulances donated by ETMC EMS to cover emergency medical calls when the primary ambulance is busy. Council Action pia A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve Resolution No. 2008-38(R) authorizing the City Manager to enter into a Supplemental Agreement with East Texas Medical Center Emergency Medical Services (ETMC EMS) to contract for Paramedic Ambulance Services. A vote was taken and the motion passed 7-0. 10. Consider, and act upon, the acceptance of the resignation of Jeffrey Katzman and the appointment of a new member to the Construction Code Board for the unexpired term of July 2008 to July 2010. (M. McAnnally, Building Official) Staff Comments Building Official McAnnally addressed Council stating that staff is requesting the appointment of a new member to replace Mr. Jeffrey Katzman, who recently resigned from the City of Wylie Construction Code Board. Per the City Charter, Article VIII, Section 2(e) the City Council shall have the power and authority to create, abolish, establish and appoint boards, commissions and committees as it deems necessary to carry out the functions and obligations of the city. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to w.,., accept the resignation of Jeffrey Katzman and appoint Allen Morris to the Construction Code Board for the unexpired term of July 2008 to July 2010. A vote was taken and the motion passed 7-0. Minutes-September 9, 2008 Wylie City Council Page 8 • READING OF ORDINANCES viiiik Title and caption approved by Council as required by Wylie City Charter,Article III, Section /3-D. City Secretary Ehrlich read the Ordinance captions to Ordinance No.'s 2008-41 and 2008-42 into the official record. Mayor Hogue convened into Executive Session at 7:01 p.m. stating Section 551.071 Consultation with Attorney regarding legal issues of a joint resolution between the Cities of Wylie and Lucas, Texas, a boundary adjustment agreement with Lucas, and the City's respective boundaries. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.071 Consultation with Attorney: A governmental body may not conduct a private consultation with its attorney except: (l) When the governmental body seeks the advice of its attorney (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. • Legal issues regarding the Joint Resolution between the Cities of Wylie and Lucas,Texas, a boundary adjustment agreement with Lucas, and the City's respective boundaries. Mayor Hogue reconvened into Open Session at 7:50 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: There was not action taken by the City Council as a result of Executive Session. Mayor Hogue convened into Work Session at 7:50 p.m. WORK SESSION • Presentation of the CAPP Long Term Energy Contract. (J. Butters, Assistant City Manager) Assistant City Manager Butters explained to Council that the City of Wylie is currently in a short 7 term contract with Cities Aggregation Power Project, Inc. (CAPP) for energy consumption at a cost of $.10 per kWh. He explained that CAPP has offered participation in a long term power t purchase agreement (2009 PPA) to allow the City further cost savings on energy. He reported Minutes-September 9, 2008 Wylie City Council Page 9 that after thorough review of the agreement, he was recommending the City not consider joining the long term power purchase agreement. .•. He explained that the cost savings after all expense factors were considered was around 2¢ per kWh. The agreement was for 24 years, fixed price contract for approximately 60% of participant's historic use. CAPP issues bonds to pre-pay capacity portion (3/5) of the PPA and participants enter a contract with CAPP that pledges the taxing authority to fulfill the debt service obligation. The energy cost under the PPA is blended with other supply agreements priced at market cost and billed by the Retail Electric Provider. The fixed debt service payment for capacity would be 3.5¢ per kWh and the blended energy rate would estimate out at 4.5¢, bringing the total cost for energy to 8¢ per kWh. Advantages included diversity of fuel source, reduction in volatility associated with natural gas, increased budget stability, immediate and long term savings, and market innovation. The negative issues included: capacity portion (debt service) must be paid even if no energy was consumed; assigned energy and debt service will likely have to be trued-up and reconciled; the process would require ongoing monitoring of economics regarding whether default by Luminant should result in termination of the agreement prior to expiration. Risks included: Bankruptcy, Gas Price Decline, Early Termination, Environmental Surcharge, and Collateral Value Reduction on refinancing by CAPP/Luminant. Direction from Council was not to pursue the CAPP Long Term Energy Contract/Agreement. RECONVENE INTO OPEN SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 8:01 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to adjourn the meeting at 8:01 p.m a-2( OF 12 - .., ) '', Eric Hogue, Tr ATTEST: t1 Ca •' Ehrlich,pity rotary 1/11/111110. 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