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07-06-2005 (Citizens Bond Committee) Minutes MINUTES Wylie Citizen Bond Advisory Committee Wednesday,July 6,2005—7:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Committee Vice Chairman Marvin Fuller called the meeting to order at 7:04 p.m. with the following Committee Members present: Daniel Chestnut, Doris Craighead, Jamie Gregg, Jim Griffin, Janet Johnston, Linda Jourdan, Chuck Kerin, Dennis Larson, Chris Seely, and Jerri Smith. Committee Members absent were Chairman Jay Whitlow,Jim Cummings,Grace Morrison,and Mike Phillips. Staff Present were: City Manager, Mark Roath; Finance Director, Larry Williamson; Public Information Officer,Mark Witter; and Executive Assistant,Brandy Brooks. Financial Advisor, David Medanich,representing First Southwest was also in attendance. CITIZEN PARTICIPATION No citizens present to address the Committee. DISCUSSION ITEMS 1.Approval of the Minutes of June 16,2005 The Committee amended the minutes to reflect that Jim Cummings made a motion to remove Sanden from consideration, with Grace Morrison seconding. The motion to remove sidewalks was also amended to reflect Mike Phillips as making the motion,with Jerri Smith seconding. Motion - A motion was made by Dennis Larson and seconded by Doris Craighead approving the minutes, as amended, for the June 16, 2005 Citizens Bond Advisory Committee Meeting. The Committee voted 11 - 0 in favor of the motion, with Chairman Whitlow, Jim Cummings, Grace Morrison and Mike Phillips absent. 2. Discussion, and action, on Bond Program including Financial Impact, Draft Election Resolution and Presentation Approach to City Council. Vice Chairman Fuller opened the Committee to discussion,to review the information on the current list, as well as the resolution. Mr. Fuller stated that with all of the roads that didn't make the list, he would like to see the Committee consider adding a contingency amount to the streets proposition. Mark Roath stated that after the four streets on the current list are completed, monies left over could be used for additional streets. He also said that one way to possibly add additional funds would be to adopt the current plan, with a recommendation to Council to look at adding more money. Mr. Larson mentioned the possibility of grant monies for streets. Mr. Fuller asked Mr. Roath to clarify if monies freed by grants can be used prior to completion of the four roads in the project list. Mr. Roath informed the Committee that the Council ultimately has the discretion to move funding if it is available; however, the four roads that make up the $31 million must be completed, according to our Bond Counsel. Mr. Fuller indicated Minutes—July 6,2005 Citizens Bond Advisory Committee Page 1 possibly removing a portion of Brown, and making that the discretionary fund. Mr. Roath suggested that the Committee move forward with the current program, with the recommendation to Council about discretionary funds. Mr. Chestnut clarified that Council makes the decision about what to include in the Bond Program, regardless of what the Committee recommends. Mr. Roath stated that Council will consider the Committee's recommendation, and may possibly want to have a joint session with the members of the Committee to understand their thoughts on the project list. Mr. Roath asked Mr. Medanich to clarify what other alternatives for road improvements are available to the City, if Bond funding is not available. Mr. Medanich stated that it is incumbent upon the City to address the items they insert into their Bond brochure. He mentioned the use of 380 agreements, which you can rebate sales tax, or property taxes. Mr. Williamson stated that with 380 agreements, the City can ask the developer to make improvements, and offer to rebate the sales tax for a certain number of years until the developer has been reimbursed. Mr. Larson expressed his opinion that the roadways currently on the list have support throughout the community, and wants the funds designated for the streets listed in the program. Mr. Chestnut stated that if a road came in under budget,Council would be able to use the funds for alternate streets. Ms. Gregg asked if the specific streets should be listed in the proposition. Mr. Medanich informed the Committee that if a street and/or an amount are listed,you cannot use funds for anything else. He stated that you want to be as general as possible; however, case law has shown that even without specific streets listed in propositions, the information presented in election brochures will commit a City to make the improvements. Mr. Williamson stated that since the program is what you are marketing, case law has shown that if the brochure is tied to the resolution, it creates a covenant that the City will improve the items within the election brochure by utilizing the funds authorized in the election. Mr. Fuller asked why propositions 2 and 3 would be separate, instead of being combined as one. Mr. Roath stated that the Bond Counsel separated them because they were two different facilities at two different locations. Mr. Fuller then asked why Community Park, Founders Park and the Recreation Center would be within the same proposition. Mr. Roath stated that he asked the Bond Counsel's reasoning, which was put in his letter. Basically, Mr. Roath said that our Bond Counsel was attempting to lump like projects together within the confines of the law. Ms. Johnston stated that she would like to see a pool included in the recreation proposition. Mr. Larson asked how much a pool would add to the tax increase. Mr. Roath informed the Committee that it would be approximately a 20 increase, or $30 more (for a $150,000 home) than the estimate previously submitted to the Committee. Ms. Jourdan asked if the Committee could keep the pool separate from the other recreation items. Mr. Fuller stated that the items contained in proposition 4 should be separated. The Committee discussed the various benefits and disadvantages to including a pool in the bond package. Items mentioned included the tax increase and the current lack of facilities. Mr. Seely recommended that the Committee present the current information to the Council with a recommendation that they look at adding a pool. At this point, Mr. Roath suggested that the Committee might want to meet again if changes were made to the current program, to approve the information provided by the Bond Counsel, as well as the new financial amounts. The Committee came to a consensus that they would be willing to allow staff to gather the required information and present it to the Council, as long as their recommendation is followed. Ms. Jourdan suggested sending the current Minutes—July 6,2005 Citizens Bond Advisory Committee Page 2 information with footnotes about recommendations. Mr. Chestnut stated that doing that would make Council question why the recommendations were not incorporated into the original package, but placed into the information at the last minute. Mr. Larson stated that if they pass what is currently on the table, it gives Council the freedom to tighten their own schedule, based on the election deadlines, whereas changes would force the Council into a time crunch. Motion - A motion was made by Janet Johnston to separate Community and Founders Parks from the Recreation Center and add a pool to the Recreation Center, which was seconded by Jim Griffin. The vote was 3-8,with Daniel Chestnut,Jim Griffin and Janet Johnston voting for,Doris Craighead, Marvin Fuller, Jamie Gregg, Linda Jourdan, Chuck Kerin, Dennis Larson, Chris Seely, and Jerri Smith voting against,with Chairman Whitlow,Jim Cummings, Grace Morrison and Mike Phillips absent. Motion - A motion was made by Jerri Smith and seconded by Jim Griffin to add a pool as a separate proposition. The vote was 3-8, with Jim Griffin, Janet Johnston and Jerri Smith voting for, Daniel Chestnut, Doris Craighead, Marvin Fuller, Jamie Gregg, Linda Jourdan, Chuck Kern, Dennis Larson, and Chris Seely voting against, with Chairman Whitlow, Jim Cummings, Grace Morrison and Mike Phillips absent. Motion - A motion was made by Dennis Larson and seconded by Janet Johnston to separate Community and Founders Parks from the Recreation Center and add a pool as a separate proposition. The vote was 6-5, with Daniel Chestnut, Doris Craighead, Jim Griffin, Janet Johnston, Dennis Larson, and Jerri Smith voting for, Marvin Fuller, Jamie Gregg, Linda Jourdan, Chuck Kerin, and Chris Seely voting against, with Chairman Whitlow,Jim Cummings, Grace Morrison and Mike Phillips absent. The Committee then went through the remainder of the program, including the Animal Shelter Renovation, City Hall and the Library. Ms. Smith asked for clarification if the amount allocated for the Library was shell space. Mr. Roath informed the Committee that the approximate $5 million includes 25,000 square feet of finished space, with expansion up to 45,000 square feet. Vice Chairman Fuller then reviewed the list. The Propositions were 1.Streets, 2.Public Safety Renovation, 3.Fire Station#3, 4.Recreation Center, 5.Outdoor Aquatics, 6.Community/Founders Parks, 7.Animal Shelter, 8.City Hall, 9.Library, with an overall total of approximately $69,445,000, and that it changes the taxes to almost 200. Mr. Fuller asked if 40 years was standard, and Mr. Medanich recommended leaving the language as stated. Mr. Fuller reviewed Mr. Cummings email regarding separating the Recreation Center from the Community/Founders Parks. Motion - A motion was made by Jim Griffin and seconded by Dennis Larson to accept the finalized list, as amended, as the Bond Package to be presented to City Council at the earliest date possible. A vote of 11-0 was taken, with Chairman Whitlow, Jim Cummings, Grace Morrison and Mike Phillips absent. The Committee came to a consensus that Chairman Whitlow would make the presentation to the Council. The Committee agreed that those members that can make it, should be present at the meeting where the program is presented. The presentation to the Council will be on July 26, 2005, with the regularly scheduled Council meeting beginning at 6:00 p.m. Minutes—July 6,2005 Citizens Bond Advisory Committee Page 3 ADJOURNMENT With no further business before the Committee, Vice Chairman Fuller adjourned the meeting at 8:13 p.m. Jay Whitlow,Chairman ATTEST: Mark B.Roath, City Manager Minutes—July 6,2005 Citizens Bond Advisory Committee Page 4