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10-28-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, October 28, 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 6:02 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; City Engineer, Chris Hoisted; Public Services Director, Mike Sferra; Police Chief, John Duscio; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tern Byboth gave the invocation and Councilwoman Spillyards led the Pledge of Allegiance. 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. Gilbert Tamez residing in the Creekside Estates Development addressed Council to thank Public Services Director Mike Sferra and Parks Superintendent Bill Nelson and the Wylie Parks staff for their assistance with the clean up of the creek area within the development. He brought pictures of the team effort between City staff, and Creekside Estates residents in completing the cleanup. PRESENTATION • Presentation to Sanden USA in recognition of National Community Planning Month—"Green Communities". (R. 011ie, Planning Director) Charles Lee, Senior Planner and Mayor Hogue presented a Certificate of Recognition for the National Community Planning Month to Sanden International for their efforts to recycle industrial products. This year's theme for National Community Planning Month is "Green Communities". Mr. Lee stated that Sanden is a Wylie partner in preserving the environment by using recycling Minutes—October 28, 2008 Wylie City Council Page 1 and other conservation methods. Sherrie McAnally, Environmental Health Coordinator for Sanden International was present to accept the Certificate. • Performance review of the City of Wylie Delinquent Ad Valorem Tax Collections. (T. Pounders, partner at Linebarger Goggan Blair & Sampson, LLP) Tracey Pounders representing Linebarger Goggan Blair & Simpson, LLP, tax collection attorneys for the City presented the Wylie Annual Delinquent Tax Collection Performance Report. Mr. Pounders explained some of the services the firm provides to the City. These include: delinquency notices, personal site visits, lien holder quick abstract collection initiatives, filing of law suits, and telephone collection calls. He reported that the firm had represented the City of Wylie since July, 2001 and in that time had collected over $2.3 million in delinquent tax, penalty, interest and attorneys fees. He highlighted some of the collections for the current reporting period. 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 October 14, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretar)) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of September 30, 2008. (L. Williamson, Finance Director) C. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of September 30, 2008. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve the Consent Agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business Tabled Item from October 14, 2008 Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to remove consideration of a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Gee from the table and consider. A vote was taken and the motion passed 7-0. Minutes—October 28, 2008 Wylie City Council Page 2 1. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, authorizing the City Manager to execute a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase III. (R. 011ie, Planning Director) Staff Comments City Manager Manson addressed Council explaining that at the October 14, 2008 Council meeting this item was tabled to allow the applicant time to review and make changes to the proposed agreement to be more inline with the current zoning requirements. She reported that the agreement presented tonight had those revisions to the original agreement which included the following additions: increasing minimum lot size to 10,000 sq. ft.; increasing dwelling size to 1,957 sq. ft. (air conditioned) and adding 60 square feet or larger front entry porch; board on board fencing, and mailboxes paired at lot lines and will incorporate stone to match the home. City Manager Manson noted that constraints regarding the depth of the entire tract do create a challenge. Mr. Steve Gee, representing Southbrook Phase III explained that the additional three desirables were items that would have been included with the construction as an ordinary feature. The proposed Agreement sets forth the property involved, which consists of a 7 acre tract. Council Action A motion was made by Councilman Porter, seconded by Councilman Young to authorize the City Manager to execute a Development Agreement between the City of Wylie and James Stephen Gee and Stacy Lynn Gee for the development of Southbrook Phase III. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Resolution No. 2008-46(R) to purchase power through the Cities Aggregation Power Project (CAPP) and authorizing CAPP to negotiate and execute an electric supply agreement for the period of January 1, 2009 through December 31, 2013. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the Cities Aggregation Power Project, Inc. (CAPP) was created as a non-profit political subdivision corporation in response to the deregulation of the Texas electric market. CAPP is a cooperative buying group that pools the electric power requirements of member cities in order to negotiate lower, more stable rates through bulk purchasing. In July of this year, Council approved a resolution for the City to become a participating member of CAPP. The City is currently purchasing electricity through a CAPP "bridge contract"which expires December 31, 2008. He explained that CAPP is in the process of negotiating a new five-year contract on behalf of its member cities which will take effect January 1, 2009. It should be noted that this is the standard CAPP contract and not the long-term, prepaid contract which Council discussed and rejected in a recent workshop. The energy provider under the new contract will be FPL Energy and Direct Energy will perform the necessary billing and administrative services. Based on current market conditions, CAPP anticipates that they can lock in a fixed commodity price in the range of$.08 per KWH if members act quickly. The City is currently paying $.108 per KWH. The proposed resolution is necessary if the City is to participate in the new five- year contract. Minutes—October 28, 2008 Wylie City Council Page 3 Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve Resolution No. 2008-46(R) to purchase power through the Cities Aggregation Power Project (CAPP) and authorizing CAPP to negotiate and execute an electric supply agreement for the period of January 1, 2009 through December 31, 2013. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Resolution No. 2008-47(R) finding that Oncor Electric Company's requested increases to its electric transmission and distribution rates and charges within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about June 27, 2008 with cities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $275 million. (Until last year, Oncor was known as TXU Electric Delivery Company.) The Company asks the City to approve a 17.6% increase in residential rates, a 9.1% increase in commercial rates, and a 5.8% increase in street lighting rates. According to Oncor, annual rates would increase by approximately $60 for an average residential customer. Oncor's request has been assigned Public Utility Commission Docket No. 35717. The resolution denies the Company's requested rate increase and requires that the Company's current rates be maintained for all customers within the City. City Manager Manson explained that the Company will reimburse the Steering Committee for its reasonable rate case expenses. Legal counsel and consultants approved by the Executive Committee of the Steering Committee will submit monthly invoices that will be forwarded to Oncor for reimbursement. No individual city incurs liability for payment of rate case expenses by taking action to deny the Company's rate increase. Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to approve Resolution No. 2008-47(R) finding that Oncor Electric Company's requested increases to its electric transmission and distribution rates and charges within the City should be denied; finding that the City's reasonable rate case expenses shall be reimbursed by the company; finding that the meeting at which this resolution is passed is open to the public as required by law; requiring notice of this resolution to the company and legal counsel. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, Resolution No. 2008-48(R) authorizing the Mayor to enter into an Interlocal Cooperation Agreement with the Wylie Independent School District (WISD) for the shared use and maintenance of the WISD Fiber Optic Network. (J. Butters, Assistant City Manager) Minutes—October 28, 2008 Wylie City Council Page 4 Staff Comments Assistant City Manager Butters addressed Council stating that during the 2008-2009 budget process Council approved $75,000 to assist WISD in constructing the remaining portion of their fiber optic network ring. In exchange WISD agreed to grant the City of Wylie access to connect too and utilize their fiber optic network. The City and WISD also agree to share the maintenance cost of the fiber as long as the agreement is in place. Current maintenance cost to the City would equal less then $10,000 per year. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Resolution No. 2008-48(R) authorizing the Mayor to enter into an Interlocal Cooperation Agreement with the Wylie Independent School District (WISD) for the shared use and maintenance of the WISD Fiber Optic Network. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article 111, Section 13-D. City Secretary Ehrlich reported there were no ordinance captions to read for the record. Mayor Hogue recessed the Regular City Council Meeting at 6:35 p.m. WORK SESSION Mayor Hogue convened into Work Session at 6: 50 p.m. with the following Council members present: Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman Young, Councilman Goss, and Councilman Porter. Councilman White was absent for the work session. Parks and Recreation Advisory Board Chair Anne Hiney called the Parks and Recreation Advisory Board to order at 6:51 p.m. with the following members present: Dan Chestnut, David Willey, Brandi Lefleur, and Donna Larson. Board members Bennie Jones and Joy Cortinas were absent. • Joint Work Session with the City Council and the Parks and Recreation Board to conduct a charrette concerning development of a Master Plan for the Wells Property. The project consultant will facilitate the meeting and solicit input from the group. (M. Sferra, Public Services Director/HalffAssociates) Mayor Hogue announced that representatives from Halff Associates had not yet arrived and asked members present to discuss their list of priorities for the development of the Wells Property. Some of those priorities included: minimal impact to the natural state of the property, a nature preserve, an outdoor learning center coordinated with WISD, a large pond possibly stocked with catch and release fishing, an amphitheater, hike and bike trails and paths around the property connecting to other parks and nature trails, and non-traditional play structures. Representatives from Halff Associates arrived at 7:30 p.m. Mr. Francois De Koch, Project Manager presented some site analysis of the Wells Property. He reported the firm had visited ~-� the site with a naturalist and plant expert from the firm. He reported that the natural plant life and soil on the property was very conducive to restoring the area to a natural state. He reviewed some of the areas that would be required to remain undeveloped due to their Minutes—October 28, 2008 Wylie City Council Page 5 topography. He presented three design scenarios which included very low impact planning to include the municipal complex and possibly an amphitheater but allowing most of the land to be left natural. The second scenario involved medium impact to also include some ball parks and sports areas. He presented the third scenario which included some planned development to interact with the natural preserves and trails. He noted that this multi-use would induce activity into the area and would promote use of the trails and other amenities. He stated that when planned properly, this type of scenario would complement the area and increase interest. PARKS BOARD ADJOURNMENT With no further business before the Parks and Recreation Advisory Board, Chair Anne Hiney adjourned the Parks Board at 7:57 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened the City Council into Regular Session at 7:58 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to adjourn the meeting at 8:00 p.m. A vote was taken and the motion passed 6-0 with Councilman White absent. (L:e Eric Hogue, Mayor `%'etttttttrr`', s ° , ATTEST: ��'''•11/1,CiE, ��rrrnttttt�� ��� • eioa Car le Ehrlich, ity Secretary Minutes-October 28, 2008 Wylie City Council Page 6