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1. Approval of the Minutes from the Regular Meeting of March 25, 2003.

1. Consider and act upon a resolution establishing an energy conservation program as prescribed by State Senate Bill 5.

Executive Summary
State Senate Bill 5 (SB 5), as passed by the 77th Legislature, amended the Texas Health and Safety Code by creating Section 388.005 titled "Energy Efficiency Programs in Certain Counties". Section 388.005 requires political subdivisions in ozone non-attainment areas to implement certain energy conservation measures. As a result of these requirements, the Energy Efficient Partnership Program has been created under the authority of the State Energy Conservation Office (SECO). SECO is charged with providing assistance to effected entities in meeting the requirements of SB 5. One of the first steps of compliance is the establishment, by resolution of the governing body, of an energy conservation program. The primary elements of such a program are: (1) to undertake cost effective energy efficiency projects resulting in a reduction in the use of electricity, (2) establishing a goal of reducing electrical consumption by five per cent each year for a five year period and (3) submitting an annual report to SECO outlining the efforts and progress made toward these goals. City staff has already initiated an energy conservation audit which was performed by Seco's audit contractor, Estes, McClure & Associates. Seco provides the audit service at no charge to the political entity in order to identify changes in maintenance/operation procedures or system retrofits to improve energy efficiency. The resulting audit report contains specific recommendations for implementation of the energy conservation program. Recommended maintenance and operation procedures which can be implemented at little or no cost to the City include turning off lights in areas that are unoccupied for long periods of time, reprogramming or replacing thermostats and powering down computer monitors when not in use. Although SB 5 contains no provision for enforcement and there are no penalties for noncompliance, implementation of the program will demonstrate the City's commitment to energy conservation and reduced operating costs.

2. Consider and act upon the award of a contract for the construction of the Kirby St./Stone Rd. Connector to JRJ Paving in the amount of $618,362.97.

Executive Summary
The realignment of Kirby Street was identified as P3 in the 1999 Bond Program and included reconstruction of the roadway to a 4-lane divided section from the intersection of Birmingham Ave east to the intersection of Ballard Ave. and Stone Rd. The purchase of one right-of-way parcel has not been finalized; however, the City has acquired a right-of-entry, which will allow the project to be constructed. On February 4, 2003 a total of four (4) bids were opened for the project. JRJ Paving submitted the low bid in the amount of $618,362.97. $965,000 was identified in the bond program for the project. To date, approximately $510,000 has been spent for engineering services and right-of-way purchase. Total cost for the project is projected to be $1,200,000. Additional bond funds will be used from interest earnings and from the miscellaneous street improvements to cover the increase in the project cost.

3. Hold a Public Hearing to consider and act upon a change in zoning from Commercial Corridor (CC) District to Special Use Permit (SUP) for Commercial Amusement, located at 702 Highway 78, being Lot 2A of Block 2 of the Oaks Retail Addition, situated on the east side of S.H. 78 and south of Brown Street, City of Wylie, Collin County, Texas. (Zoning Case 2003-02)

Executive Summary
The applicant is requesting a Special Use Permit (SUP) in order to install and operate an Indoor and Outdoor Commercial Amusement (skating center) in a vacant parcel of an existing retail center. The parcel consists of a building of approximately 6,000 square feet and associated parking as well as paved and unpaved open space. Plans are to utilize the building for skating, video and other game machines and concessions for food, skates and other products, and to use the outdoor paved area for temporary/movable skateboarding and the grassed area for volleyball. The property was rezoned from Retail to Corridor Commercial (CC) in November of 2001 with the adoption of the City-wide revisions to the Zoning Ordinance and Map. Commercial Amusement uses are allowed within both the current Corridor Commercial District and the previous Retail District only with an approved Special Use Permit (SUP). The Zoning Ordinance requires a Special Use Permit (SUP) as a means of establishing special conditions for allowing certain uses in a manner which is more compatible and consistent with the character of adjacent property than that use may normally be at other locations. At the March18, 2003 Planning and Zoning Commission meeting, the Commission voted 5-0 to recommend approval of the proposed zoning change with stipulations.

In accordance with Chapter 551, Government Code, Vernon’s Texas Code Annotated (Open Meeting Act), Section 551.074, Personnel Matters; closed meeting, Contracts for the Assistant City Manager and the City Manager.

Take any action as a result of the Executive Session.

In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session.

I certify that this Notice of Meeting was posted on this ____ day of ___________________, 2003 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us

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City Secretary Date Notice Removed

The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TDD 972/442-8170.

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