01-25-2011 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, January 25, 2011 — 6:00 p.m.
Wylie Municipal Complex— Council Chambers
300 Country Club Road, Bldg. 100
Wylie, TX 75098
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:00 p.m. with the following Wylie City Council
members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman
Carter Porter, Councilman Rick White, Councilman Bennie Jones and Councilman David Goss.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; Finance Director, Linda Bantz; Police
Chief, John Duscio; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite;
City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Mayor Pro Tern Byboth gave the invocation. Boy Scout Troop #78, approaching their 1st
Anniversary as a troop, presented the colors and led the Pledge of Allegiance. Scouts present
included Dan Barnhart, Austin Byboth, Daniel Fox, Samuel Gagnon-Hartman, Nathan Palmer,
Gavin Pugh and Cailin Stewart. Troop leaders present included: Pack Leader Brenda Byboth,
Assistant Leader Scott Stewart, and Assistant Leader Jason Palmer.
PRESENTATION
• Presentation of 3rd 6 Weeks Star Students - Caring (E. Hogue, Mayor)
Mayor Hogue and Mayor Pro Tem 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."
• Presentation honoring Ruby Rodriguez for knowing when to call 911, how to
call 911, and what to say when calling 911 in an emergency. (Allyson Frederick,
Operations Supervisor, & Tristian Whittle, Public Safety Dispatcher)
"` Members of Wylie Fire Rescue and Wylie Public Safety Dispatch presented an award to Rudy
Rodriguez, 9 years old, for knowing to call 911 when her grandmother was ill. Rudy remained
calm, level headed, and answered the dispatcher's questions appropriately, going so far as to
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Wylie City Council
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give physician instructions that the dispatcher was able to help with. Red E. Fox is proud to
honor Ruby with this award for knowing how, when and what to say when calling 911.
• Presentation of the 2010 Wylie Economic Development Corporation Annual
Report. (S. Satterwhite, WEDC Executive Director)
WEDC Director, Sam Satterwhite, presented to the Council a required annual report outlining
the prior year financial activities, direct and indirect economic develop initiatives, as well as
goals and objectives for 2011. Satterwhite reported that sales tax receipts have increased over
2009 by 3.5% resulting in total collections of $1,343,749. The WEDC also had $1,974 in
interest earnings and $63,747 in income from the lease of WEDC facilities. Further, the WEDC
ended the FY 2009 - 2010 year with a $748,334 fund balance.
A summary of activity within the Target-anchored Woodbridge Crossing was provided with sales
taxes generated in FY 2009 — 2010 to the WEDC in the amount of $130,489. Satterwhite
commented that while $110,916 was reimbursed to Direct Development from the WEDC via an
existing Performance Agreement, the 4B Corporation and property taxes are unencumbered by
the incentive agreement with Direct.
Satterwhite summarized WEDC expenditures as follows: $533,574 on grants and engineering
services directly attributed to incentive packages, $26,171 on the purchase of real property,
$234,015 on personnel services, $76,548 on marketing and promotion, $43,316 on special
services (property maintenance), and debt service of$414,786.
It was reported that the WEDC currently owns 30.12 acres of property with a cost basis of
$2,836,595. WEDC debt service associated primarily with the purchase of the above property
has a principal balance of$830,972 as of November 30, 2010.
While reporting on retail activity within 2010, Satterwhite indicated that construction began on
Kohl's (64,000 sq. ft.), PetSmart (18,003 sq. ft.), and Dollar Tree (10,000 sq. ft.). It was
indicated that upon completion of the three projects, Direct Development will be in compliance
with the Performance Agreement through September 1, 2012. There currently exists 314,652
square feet (including Kohl's, etc.). Satterwhite also indicated that the WEDC and City
representatives will continue to make attendance at the International Council of Shopping
Centers Conference a priority in an effort to attract retailers to Wylie.
In what was reported as `High-Impact Initiatives', Satterwhite summarized agreements with
Sanden International and Ascend Custom Extrusion which total up to $730,000 in performance
based incentives. Also as part of the Ascend project, Satterwhite reported that the WEDC is
currently constructing a 96,000 square foot industrial facility which will be leased to Ascend.
2011 Goals & Objectives were identified as the following: manage and oversee the construction
of the Ascend facility which is to be completed by May 31, 2011, enter into a public/private
partnership to provide additional parking in downtown Wylie, market 3.2 acres of WEDC owned
industrial property for development, finalize negotiations with the City Council for the acquisition
and development of 19 acres of commercial property owned by the City of Wylie, prepare for the
development of property owned by the Kansas City Southern Railway Company on State
Highway 78, and finally to complete an inventory of industrial property with the City of Wylie and
its ETJ.
• Presentation of the Comprehensive Annual Financial Report for FY 2009-2010.
(L. Bantz, Finance Director)
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John DeBurro representing the audit firm of Weaver L.L.P. presented the FY 2009-2010
Comprehensive Annual Financial Report. Mr. DeBurro stated that he was pleased to report a
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"clean unqualified opinion" for the reporting period. He explained that this opinion means that
the financial statements were presented fairly, in all material respects, the financial activities of
the government's activities. This is the highest opinion obtainable.
Mr. DeBurro reported that there were no problems dealing with management in performing and
completing the audit. He explained that staff had done a great job in both reporting and
assisting the firm with the audit.
Some of the highlights presented included the general fund, utility fund, and special fund
balances for the reporting period. He reported the net assets for the city had increased by
$7,389,071 due to tax revenue and County funding for road construction projects. Actual
revenues for the year were in excess of expenditures by $838,418 due to savings in
department's budgets.
The mayor thanked Mr. DeBurro for his work and commended the finance staff for their
outstanding work.
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 takes action on any matter presented during citizen participation.
Pastor Rick Wood, representing the Pursuit Christian Fellowship, 9601 Terence Dr., Rowlett,
Texas, addressed council stating the Christian organization was sponsoring five passes for
children to the Wylie Recreation Center.
Myrna Whitworth, residing at 1404 Summerdale Lane, Wylie, Texas, addressed council stating
that the new Wylie Recreation Facility fees were too high for larger family memberships.
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 January 11, 2011 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and place on file the City of Wylie Monthly Revenue and Expenditure
Reports as of December 31,2010. (L. Bantz, Finance Director)
C. Consider, and place on file the City of Wylie Quarterly Investment Report for
December 31,2010. (L. Bantz, Finance Director)
D. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie
Economic Development Corporation as of December 31, 2010. (S. Satterwhite, WEDC
Executive Director)
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E. Consider, and act upon, approval of a Final Plat for Birmingham Elementary
School, Block A, Lot 1 on 14.749 gross acres, generally located north of W. Brown
Street and approximately 704 feet east of Westgate Way (700 W. Brown Street). (R.
011ie, Planning Director)
F. Consider, and act upon, approval of a Final Plat for Hartman Elementary School,
Block A, Lot 1 on 8.201 gross acres, generally located north of W. Kirby Street and
east of S. Birmingham Street (501 S. Birmingham Street). (R. 011ie, Planning
Director)
G. Consider, and act upon, approval of a Final Plat for Waterbrook Bible Fellowship, a
Worship Facility located on 4.613 acres at 507 Thomas Street. (R. 011ie, Planning
Director)
H. Consider, and act upon, Ordinance No. 2011-02, amending Zoning Ordinance 2006-
04, Article 5, Section 5.1.J (Accessory Uses); allowing for and providing certain
safeguards relating to Home Occupations. ZC2010-04 (R. 011ie, Planning Director)
Council Action
A motion was made by Councilman White, seconded by Councilman Porter to approve the
consent agenda as presented. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
General Business
1. Consider, and act upon, Ordinance No. 2011-03 establishing speed zones for FM
2514 (Ballard Ave) from Brown Street to SH 78. (C. Holsted, City Engineer)
Staff/Council Comments
City Engineer Hoisted addressed council stating that business owners in the downtown area have
expressed a concern over the speed of the vehicles traveling on Ballard Ave. from Brown Street to SH 78.
On June 1, 2010 the City submitted a speed zone study to TxDOT for this portion of roadway. The study
recommended the speed be reduced to 25 miles per hour.
He explained there had been conversations with TxDOT regarding the city taking over ownership of that
roadway to which TxDOT had no objections should the city decide to do so. Mayor Hogue asked Police
Chief if the meter showing the speed of vehicles could be installed downtown, once the speed limit was
lowered. Chief Duscio replied that the department could do so. Mayor Pro Tern Byboth and Councilman
Porter commended staff for their efforts in providing this lower speed limit which had been a large
concern to the downtown merchants.
Councilman Porter stated he would like to see staff bring back additional information regarding city
ownership of Ballard Street from Brown Street to SH 78.
Council Action
A motion was made by Councilwoman Spillyards, seconded by Mayor Pro Tern Byboth to adopt
Ordinance No. 2011-03 establishing speed zones for FM 2514 (Ballard Ave.) from Brown Street
to SH 78. A vote was taken and the motion passed 7-0.
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2. Consider and act upon approval of a Professional Engineering Services Agreement
with Birkhoff, Hendricks, and Carter, L.L.P. for the design of FM 1378 from South
Parker Road to North Parker Road in the amount of $231,600; and authorize the
City Manager to execute the agreement. (C. Holsted, City Engineer)
Staff/Council Comments
City Engineer Hoisted addressed council stating the current construction of FM 1378 terminates at the
southern Parker Road intersection. The Texas Department of Transportation and Collin County are
working on the Parker Road improvements from FM 2551 to FM 1378. The TxDOT project includes the
realignment of the Parker Road intersection to the north but does not include improvements to FM 1378.
On October 26, 2010 Council approved an Inter-Local Agreement with Collin County for engineering
services for FM 1378.
Hoisted explained that the agreement specifies that the County will participate in the engineering of the
project in the amount of $100,000 and it was approved by the Collin County Commissioners' Court on
December 13, 2010. Staff recommends using some remaining 1999 bond funds for the remaining
funding. a
I.1-
Mr. Holsted commended Councilman Goss fdr his diligent work with Collin County to secure additional
county funds for this engineering project.
Council Action
A motion was mad61;iy,,Ajlayor Pro Tern l jboth, seconded by Councilman Goss to approve a
Professional Engineering Sevvioe.t4g0ement with Birkhoff, Hendricks, and Carter, L.L.P. for
the design of FM 1378,fratritippUth P tkker Road to North Parker Road in the amount of
.. $231,600; and authorize the'City'Mpnager to execute the agreement. 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 III, Section 13-D.
City Secretary Ehrlich read the captions to Ordinances 2011-02 and 2011-03 into the official
records.
Mayor Hogue convened into Executive Session, reading the caption below at 7:25 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
§§ 551.074 Personnel Matters; Closed Meeting
• To deliberate the Evaluation of the City Manager
Mayor Hogue reconvened into Regular Session at 11:35 p.m.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
No Action was taken as a result of Executive Session.
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ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
Jones, seconded by Councilman Goss to adjourn the meeting at 11:38 p.m. A vote was taken
and the motion passed unanimously.
Eric Hogue, May
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Wylie City Council
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