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02-02-2009 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, February 2, 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: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White and Councilman Carter Porter. Councilman Merrill Young 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 Fire Chief Randy Corbin gave the invocation and Councilwoman Kathy Spillyards led the Pledge of Allegiance. PRESENTATIONS • Presentation to 3rd Six Weeks Star Students—Character Trait of"Caring." (Mayor/Council) Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the character trait of "Caring." Each six weeks one student from each WISD campus is chosen as the "star student." Minutes—February 2, 2009 Wylie City Council Page 1 • Presentation of the City of Wylie Storm Water Management Plan (SWMP). (MSferra, .. Public Services Director) Public Services Director Sferra, assisted by Albert Garza, Wylie Water Quality Specialist presented the Storm Water Management Program Annual Update for 2008. He reported that this program was put in place to be implemented over a five year period. It includes six minimum control measures (MCM); the plan must address each MCM. They include public education and outreach, public participation/involvement, illicit discharge detection/elimination, pollution prevention/good housekeeping for municipal operations, construction site runoff control, and post-construction runoff control. Director Sferra gave a short report on the progress of each of the MCM requirements for the first year and reported that the plan was on schedule. 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 January 13, 2009 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-02(R) authorizing the City Manager to execute an amended Supplemental Agreement to the Contract with the Southeast Collin County EMS Coalition and East Texas Medical Center for Regional Emergency Medical Services/Ambulance Service. (R. Corbin, Fire Chief) C. Consider, and act upon, Ordinance No. 2009-04 amending Comprehensive Zoning Ordinance 2001-48, Article 2, Section 2.5 (Regulations Applicable to all Districts) and Article 10, Section 10.2 (Words and Terms Defined); allowing for and providing certain safeguards relating to wind-powered electricity-generating appliances. ZC2008-12. (R. 011ie, Planning Director) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports as of October 31, 2008, November 30, 2008, and December 31, 2008. (M. Beard, Interim Finance Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2008 and December 31, 2008. (S. Satterwhite, WEDC Executive Director) Minutes—February 2, 2009 Wylie City Council Page 2 .., Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Councilman Young absent. REGULAR AGENDA Public Hearing 1. Conduct the second of two Public Hearings for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County,Texas, generally located south of Martin Drive and east of South Ballard Ave. (R. 011ie, Planning Director) Executive Summary Mayor Hogue reported that due to the postponement of the January 27, 2009 Council meeting the subject annexation case must be withdrawn. State Law requires that annexations be conducted within a 40 day window from the first public hearing to the adoption of the ordinance. Publication and notification for the initial meeting was completed in accordance with State law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then may 01.11* accept staffs request for withdrawal. He reported that the public hearings will begin on this item January 24, 2009. • Public Hearing Mayor Hogue opened the second public hearing for the annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin Drive and east of South Ballard Avenue at 7:25 p.m. asking anyone present wishing to address Council on this item to come forward and limit their comments to 3 minutes. No one was present to address Council during the public hearing. Mayor Hogue closed the public hearing at 7:25 p.m. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to accept the withdrawal of an annexation of a 7 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23, Collin County, Texas, generally located south of Martin drive and east of South Ballard Avenue. A vote was taken and the motion passed 6-0 with Councilman Young absent. General Business 2. Consider, and place on file, the Wylie Economic Development Corporation Annual Report. (S. Satterwhite,WEDC Executive Director) Minutes—February 2, 2009 Wylie City Council Page 3 Staff Comments Wylie Economic Development Executive Director Satterwhite gave a short presentation of the WEDC Annual Report for 2008. He reported that for the eighth consecutive fiscal year, WEDC sales tax receipts have increased over prior year figures. Up 8.9% over 2007, 2008 sales tax receipts reached $1,239,677. He noted that through the first two months of the current fiscal year, sales tax receipts are up 11.9%. As in past years, there have been no contributable retail project attributed to this growth which staff therefore concludes is spurred by the regional growth from the surrounding areas of Lavon, Copeville, Nevada, and Farmersville. Mr. Satterwhite reported that the WEDC redevelopment focus added properties within two key areas: Industrial Court and Cooper Drive with the purchase of a .27 acres tract and a .406 acres tract. These and other purchases are an effort to transition the targeted areas from industrial to a commercial/retail use more complimentary to our redeveloping corridors. Retail activities included performance agreements committing in excess of $12 million to support the development of infrastructure surrounding Woodbridge Crossing and partnering with Direct Development. This accomplished the single greatest goal of bringing credibility to the Wylie retail efforts. Industrial and commercial activity included completion of repaving of Martinez Lane; Premier Plaza Business Park received its first user. Finalizing negotiations with Savage Precision Fabrication and Savage construction of a 60,000 square foot manufacturing facility with a taxable value of $4.1 million. Also completed in 2008 were: office condominium project totaling 19,200 square feet, 18,200 square foot medical office complex, Garnet Hill Senior Skilled Living and Rehabilitation Center and Greenway Columbia retail center. Mr. Satterwhite reported that business retention and expansion will continue to be a major focus for the WEDC. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to accept and place on file the 2008 WEDC Annual Report. A vote was taken and the motion passed 6-0 with Councilman Young absent. 3. Consider, and act upon, acceptance of the resignation of Cydnee Combest and appoint a new alternate Board Member to the Construction Code Board to fill the unexpired term of December 2008 to June 30, 2010. (M. McAnnally, Building Official) Staff/Council Discussion Building Director McAnnally addressed Council stating that due to the resignation of Ms. Cydnee Combest, the Building Department is requesting the Mayor and Council select and appoint a person to fill the vacant position of Alternate Board Member to the City of Wylie Construction Code Board. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman White to accept the resignation of Ms. Cydnee Combest and to appoint Daljinder Dhillon to fill the unexpired term (December 2008 to June 30, 2010) as an alternate to the Wylie Construction Code Board. A vote was taken and the motion passed 6-0 with Councilman Young absent. Minutes—February 2, 2009 Wylie City Council Page 4 4. Consider, and act upon, Ordinance No. 2009-05 authorizing the Mayor to execute an amended Interlocal Boundary and ETJ Contract, with Attachments 1 through 5, by and between the City of Lavon, a general law municipality located in Collin County, Texas; the City of Nevada, a general law municipality located in Collin County, Texas; the City of Wylie, a home rule municipality located in Collin, Dallas, and Rockwall Counties, Texas; the City of Rockwall, a home rule municipality located in Rockwall County, Texas; and the City of Garland, a home rule municipality located in Dallas and Collin Counties,Texas. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that on October 14th 2008 the Wylie City Council approved an interlocal boundary agreement between the Cities of Wylie, Garland, Rockwall, Lavon and Nevada. Prior to the final approval and execution by the City of Garland and the City of Lavon, the attorney's representing all five cities made some minor language changes to the contract; however, the substance of the agreement has not changed. He explained that during this time period, Wylie staff met with Garland staff to re-draw the map in the peninsula so that Garland's ETJ would follow natural boundaries and land tracts. Council Action A motion was made Councilman Porter, seconded by Mayor Pro Tem Byboth to approve Ordinance No. 2009-05 authorizing the Mayor to execute an amended Interlocal Boundary and ETJ Contract, with Attachments 1 through 5, by and between the City of Lavon, a general law municipality located in Collin county, Texas; the City of Nevada, a general law municipality located in Collin County, Texas; the City of Wylie, a home rule municipality located in Collin, Dallas, and Rockwall Counties, Texas; the City of Rockwall, a home rule municipality located in Rockwall County, Texas; and the City of Garland, a home rule municipality located in Dallas and Collin Counties, Texas. A vote was taken and the motion passed 6-0 with Councilman Young absent. 5. Consider, and act upon, Resolution No. 2009-03(R) suspending the effective date of CoSery Gas Ltd.'s requested rate changes to permit the city time to study the request and to establish reasonable rates; approving cooperation with other cities within the CoSery system to hire legal and consulting services and to negotiate with the company and direct any necessary litigation; requiring reimbursement of cities' rate case expenses; authorizing intervention in the proceeding at the Railroad Commission; requiring notice of this resolution to the company. (M. Manson, City Manager) Staff Comments On December 18, 2008, CoSery Gas Ltd. ("CoServ" or "Company") filed with the City a Statement of Intent to Increase Rates. CoSery asks the City to approve rate changes expected to increase Company revenues by $2.9 million, an overall total revenue increase of approximately five percent (5%). CoServ's most recent rate case was filed by the Company in 2004. The City, participating in a coalition with other cities served by CoServ, ultimately settled the CoServ's rate request in 2005, reducing the Company's requested increase by more than fifty percent. Minutes—February 2, 2009 Wylie City Council Page 5 Council Action A motion was made Councilman Porter, seconded by Mayor Pro Tem Byboth to approve Resolution No. 2009-03(R) suspending the effective date of CoSery Gas Ltd.'s requested rate changes to permit the city time to study the request and to establish reasonable rates; approving cooperation with other cities within the CoSery system to hire legal and consulting services and to negotiate with the company and direct any necessary litigation; requiring reimbursement of cities' rate case expenses; authorizing intervention in the proceeding at the Railroad Commission; requiring notice of this resolution to the company. A vote was taken and the motion passed 6-0 with Councilman Young absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article Ill, Section 13-D. City Secretary Ehrlich read the captions to Ordinances 2009-04 and 2009-05 into the official record. Mayor Hogue recessed into work session at 7:50 p.m. WORK SESSION • Presentation regarding Senior Living Facilities. (Tony Sisk, Evergreen Properties) Tony Sisk representing PWA Senior Community, L.P. (Evergreen Properties) gave a short presentation regarding a residential development within a Planned Development District intended to accommodate a variety of retirement housing land uses and densities. He explained that they are designed to provide a component for retirement housing adjacent to and in support of neighboring commercial development. He reported that the proposed development would have deed restrictions allowing seniors over the age of fifty five and qualifying income bases to rent one and two bedroom apartments. He reported that the planned development would initially include 155 units of independent living facilities. Mr. Sisk asked Council to consider approving a resolution evidencing the support for a proposed senior living community to be built in Wylie on a future agenda. He explained that this would allow PWA Senior Community, L.P. to apply to the Texas Department of Housing and Community Affairs for funding for a senior living community for Wylie. Mayor Hogue reconvened into regular session at 8:09 p.m. Mayor Hogue convened into Executive Session at 8:13 p.m. stating the exceptions below. EXECUTIVE SESSIONS Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 Consultation with Attorney; Closed Meeting Pursuant to Section 551.071, Texas Government Code, Consultation with attorney for the city regarding litigation: Minutes—February 2, 2009 Wylie City Council Page 6 • Homebuilders Association of Greater Dallas and D.R. Horton Texas, Ltd. vs. City of Wylie,Texas §§ 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 open session at 9:05 p.m. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. There was no action taken as a result of Executive Session. ADJOURNMENT With no further business before the Wylie City Council, Mayor Hogue adjourned the meeting at 9:06 p.m. Consensus of Council was to adjourn. Va., _II Eric . • - , . ,r 0 OF y O /�Sl� ATTEST: _. _ - r: st` `�j,4� I ) - :.. 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