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08-11-2009 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, August 11, 2009 - 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 Wylie City Council members present: Mayor ProTem Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter, and Councilman Rick White, and Councilman Bennie .1011114 Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Building Official, Mike McAnnally; Police Chief, John Duscio; Finance Director, Linda Vaughan; Library Director, Rachel Orozco; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Hogue gave the invocation and Mayor ProTem Byboth led the Pledge of Allegiance. PRESENTATION • Presentation of the "Battle of the Badges". (J. Duscio, Police Chief/R. Corbin, Fire Chief) Mayor Hogue presented the third annual Battle of the Badges Award to the Wylie Police Department. He explained that the first year the Wylie Police Department received the trophy with the most blood donations and the second year the Wylie Fire Rescue Department had the most contributions. This year, over 100 volunteers gave blood at the event, which ended in a tie. One donor broke the tie leaving the Wylie Police Department as the 2009 winner. Mayor Hogue thanked both departments for conducting the event which saves lives for many people. He also thanked Carter Blood Care for their administration of the event. Minutes August 11, 2009 Wylie City Council Page 1 • Present, and place on file, a Performance Agreement between the Wylie Economic Development Corporation and Sanden International (U.S.A.), Inc. (S. Satterwhite, WEDC Executive Director) Wylie Economic Development Corporation Executive Director Satterwhite addressed council stating that the WEDC Board of Directors approved a Performance Agreement between the WEDC and Sanden International (U.S.A.) on July 17, 2009. He explained that with the assistance of the WEDC, Sanden will be undertaking an $8.5 million expansion/upgrade to an existing compressor manufacturing line. The expansion will take place in two phases; the first phase ($5.8 million) will be completed by April 1, 2010 with the second phase ($2.7 million) complete by April 1, 2011. He explained that following receipt of documentation required within the agreement, Sanden will be reimbursed $200,000 for Phase I expenditures and $100,000 for Phase II expenditures. He noted that in addition to providing documentation supporting the expenditure of $8.5 million, Sanden must maintain no less than 275 production employees, pay all property taxes due for the prior year, and maintain an appraised value for real and personal property of no less than $58 million. Satterwhite stated that in an effort to ensure that the upgraded manufacturing line is functional as well as ensuring that the public investment was utilized properly, Sanden must provide documentation supporting the production of no less than 340,000 compressor units by April 1, 2012 attributed to the proposed real and personal property improvements. He noted that, should Sanden be in default of this provision, all incentives funded will be required to be returned to the WEDC. • Present, and place on file, the FY2009-2010 Budget of the Wylie Economic Development Corporation. (S. Satterwhite, WEDC Executive Director) Wylie Economic Development Corporation Executive Director Satterwhite presented the FY 2009-2010 Budget of the Wylie Economic Development Corporation. He reported that in line with Finance Department estimates, sales tax is projected at $1.475 million. Assuming flat receipts for the balance of the fiscal year, WEDC sales tax receipts for FY 2008-2009 are projected at $1.324 million resulting in a conservative estimate for FY 2009-2010 of a 2.31 gain over prior year. Sales tax attributable to Woodbridge Crossing has been estimated at $151,800. There is however an offsetting entry ($129,030) within the WEDC Incentives budget based upon an existing Performance Agreement between the WEDC and Direct Development. Other revenue sources include $119,400 in rental income from WEDC properties on Industrial Court and $3,000 in interest earnings. He noted, the WEDC will begin FY 2009-2010 with an estimated $710,865 cash reserve. Satterwhite explained that WEDC has budgeted for $2,308,685 in expenses. Of total expenses budgeted, Personnel Services represents 10.2%, Operating 3.4%, Travel & Recruitment 1.5%, Advertising & Community Development 3.8%, Debt Service 10.2%, Land Acquisition 17.3%, Audit & Legal 1%, and Incentives & Related Expenditures 52.8%. Of the three core components within the WEDC Budget, Land Acquisition, Debt Service, and Incentives represent 80% of the proposed expenditures for FY 2009-2010. Minutes August 11, 2009 Wylie City Council Page 2 Satterwhite explained that while the WEDC utilizes a zero based budget strategy, with Council approval a minimum of $1.07 million could be amassed from Land, Miscellaneous Incentives, and other budget areas for an individual project worthy of that level of investment. Additionally, the WEDC utilizes properties within Premier Plaza and Premier Industrial Park as an incentive for industrial relocation/expansions. 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. There were no citizens present to address the Wylie City 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 of the July 28, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the .0k consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2009-23(R) accepting the proposed property tax rate for fiscal year 2009-2010 and accepting the calculation of the effective tax rate as provided by the Texas Property Tax Code. (L. Vaughan, Finance Director) Staff Comments Finance Director Vaughan addressed council stating that in accordance with the "Truth in Taxation" laws of the State of Texas, the effective and rollback tax rates and other statements and schedules must be published. The proposed budget is based on a tax rate of $0.8989 per $100 valuation. This year's effective tax rate is $0.921992 and the rollback tax rate is $0.971237. Any change in the proposed tax rate will require revision of the proposed budget. Since the proposed tax rate is less than both the effective and rollback tax rate, no public hearings on the tax rate are required. Mayor Pro Tern Byboth asked Finance Director Vaughan if accepting this proposed property tax rate for fiscal year 2009-2010 would tie the council to the amount in the proposed budget as discussed in the prior work sessions. Ms. Vaughan replied that the total costs in the proposed budget would need to remain the same moving forward in order for this tax rate to be finally approved. A public hearing on the proposed 2009-2010 Budget will be held on August 25, 2009. Final approval of both the budget and tax rate will be held September 8, 2009 at the Regular City Council Meeting. Minutes August 11, 2009 Wylie City Council Page 3 Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to approve Resolution No. 2009-23(R) accepting the proposed property tax rate for fiscal year 2009-2010 and accepting the calculation of the effective tax rate as provided by the Texas Property Tax Code. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Ordinance No. 2009-21, repealing Ordinance No. 2008-33 (Sign Regulations); adopting an ordinance establishing sign regulations; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. (M. McAnnally, Building Official) Staff Comments Building Official McAnnally addressed council stating that staff is presenting the proposed sign ordinance to repeal and replace the existing sign ordinance setting forth new sign regulations in the City of Wylie, Texas. The ordinance seeks to standardize the City of Wylie regulations for sign heights and display areas throughout our jurisdiction. This ordinance has been reviewed and prepared by our City Attorney's office. He explained that the recommended version of the ordinance incorporates the three additional instructions provided by Mayor/Council originated during the July 7, 2009 Joint Work Session. These include: Section 3, Number 2: Appendix A was changed to Appendix C in order to properly reference our current Fee Ordinance. Section 6, Number 5 -A business or nonprofit entity may erect a maximum of three flags per tract of land, only one of which may include the flag for the business and/or nonprofit entity. A flag showing the emblem or logo of a business or nonprofit entity must be located on the same tract of land as that business or nonprofit entity. No flag shall show the emblem or logo of a business or nonprofit entity that is located on a separate tract of land. Sign display intervals not to exceed one for every eight seconds. Mr. McAnnally explained that this sign ordinance is an effort by the City of Wylie Building Inspections to enhance the sign regulations for a more business friendly environment by allowing improvements in advertising and resulting in better business traffic, community aesthetics, public traffic safety and an attempt to limit future unsightly storm or wind damage to new signage in our gateway commercial corridors. Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to approve Ordinance No. 2009-21, repealing Ordinance No. 2008-33 and adopting an ordinance establishing sign regulations; providing for a penalty for the violation of this ordinance; providing for repealing, savings and severability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. A vote was taken and the motion passed 7-0. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2009-21 into the official records. Minutes August 11, 2009 Wylie City Council Page 4 ADJOURNMENT 0.1414 With no further business before the Wylie City Council, a motion was made by Mayor ProTem Byboth, seconded by Councilman Jones to adjourn the meeting at 6:25 p.m. Consensus of the Wylie City Council was to adjourn. Eric Hogue, Mayor ATTEST: Aot OF wp Carole Ehrlich, City S retary ., Minutes August 11, 2009 Wylie City Council Page 5