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01-11-2011 (City Council) Agenda Packet Wylie City Council CITY F IATYLIE NOTICE OF MEETING Special Work Session January 11, 2011 — 5:30 pm Wylie Municipal Complex - Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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 TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. WORK SESSION • Overview and Training for the City Council Chambers Technology. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 7th day of January, 2011 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 was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting January 11, 2011 — 6:00 pm Wylie Municipal Complex— Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. 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 TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation of the colors by the Wylie Fire & Rescue Honor Guard. 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. January 11,2011 Wylie City Council Regular Meeting Agenda Page 2 of 3 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 December 14, 2010 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 Report as of November 30,2010. (L. Bantz, Finance Director) C. Consider and place on file the City of Wylie Monthly Investment Report for November 30,2010. (L. Bantz, Finance Director) D. Consider and place on file the Wylie Economic Development Corporation Revenue and Finance Report as of November 30,2010. (S. Satterwhite, WEDC) E. Consider, and act upon, Resolution No. 2011-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) F. Consider, and act upon, Ordinance No. 2011-01, amending the zoning from Agricultural 30 (AG/30) to Light Industrial (LI) on 2.971 acres (L.K. Pegues Survey, Abstract No. 703, Tract 3) generally located east of Hooper Road and south of Steel Road, more specifically 331 Hooper Road. ZC 2010-07(R. 011ie, Planning Director) G. Consider, and act upon, approval of a Replat for Aldi Wylie Addition, Lots 1 and 2, Block A creating a single commercial lot generally located on the north of FM 544 and approximately 800' east of McCreary Road. (R. 011ie, Planning Director) REGULAR AGENDA Tabeled from 11/9/2010: Motion to remove from the table and consider and act: 1. Consider, and act upon, 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) Executive Summary Home Occupations are currently allowed in the City and have been since the adoption of Ordinance No. 62-5 with somewhat restricted regulations. The Ordinance; as adopted in 1985, specifically did not allow customers to retrieve items from the business owner's residence. Some transactions, due to State and Federal regulations,have additional steps in the process that necessitates the products being delivered to the sellers address and not to the customer who originally made the purchase. A change to the Home Occupation Ordinance would continue promoting entrepreneurship while maintaining the residential integrity of the neighborhood. January 11,2011 Wylie City Council Regular Meeting Agenda Page 3 of 3 READING OF ORDINANCES ADJOURNMENT CERTIFICATION I certifi,that this Notice of Meeting was posted on this 7th day of January, 2011 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 was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.iaylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, December 14, 2010 —6:00 p.m. 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 6:00 p.m. with the following Wylie City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman Rick White, and Councilman Bennie Jones. Councilman David Goss was absent. 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; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Warner Washington, long time resident and deacon for Our Lady of the Lakes Church, gave the invocation. The Wylie Fire/Rescue Honor Guard presented the colors and Girl Scout Troop 3345 led the Pledge of Allegiance. Girl scouts present included: Maddie Burk, Allynn Terry, Autumn Myers, Maddison Smallie, Emily Smallie, Hannah Tittle, Hannah Hutchison, Hannah Johnson, Emma George, and Brandy Macmillen. Troop leaders included Yvette Terry and Kristin Tithe. PRESENTATION • Official Closing of the current City Council Chambers. Mayor Hogue announced this would be the last official meeting of the Wylie City Council in the current chambers. He spoke about the past decades in the building and read minutes from the first council meeting February 9, 1988. He reported that 38 different individuals had served in elected office and 660 council meetings were held in the current chamber, not counting boards. The mayor noted that the land was donated by Michael Crawford and his father Tracy Crawford and the complex was constructed for $1.8 million and was completed in late 1987. The population of Wylie when the complex opened was 8,500 with 51 employees working for the city. Minutes December 14, 2010 Wylie City Council Page 1 • 2°d Six Weeks Star Students—Character Trait of"Respect" Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the character trait of"Respect." Each six weeks one student from each WISD campus is chosen as the "star student." • Recognition of Employees Celebrating Milestone Years of Service to the City of Wylie. Mayor Hogue and the Wylie City Council presented clocks to two long time city employees celebrating milestones in their careers. Kendall Edge, Water Supervisor— 15 years Jimmy England, Parks Maintenance Worker— 10 years • 2010 Wylie Arts Festival Overview. Public Information Officer, Craig Kelly, and City Secretary, Carole Ehrlich, presented an overview of the 2010 Wylie Arts Festival. Highlights of the event were a record number of vendors at 93 with many vendors complimenting the city on the organization of the event. The event drew record crowds and netted $1,860. Mr. Kelly reported the event had the potential to grow each year and park space was available for that growth. City Secretary Ehrlich introduced board members and volunteers that helped make the event successful. 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. Margaret Justiss, residing at 312 Foxwood Lane, Wylie, addressed council speaking in favor of some restrictions on residential home occupations with regard to traffic and service company vehicles. Cathy Morphew, residing at 1004 Heatherwood Dr., Wylie, addressed council speaking in favor of some restrictions on residential home occupations. Becky Yocum, residing at 310 Foxwood Ct., Wylie, addressed council speaking in favor of some restrictions on residential home occupations. Matthew Butschek, residing at 1755 FM 1378, Wylie, spoke about water quality. Allen Terry, residing at 2409 Parker Rd., Wylie, spoke about child safety during the holidays. 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. Minutes December 14, 2010 Wylie City Council Page 2 A. Consider, and act upon, approval of the Minutes of the November 9, 2010 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 Report as of October 31,2010. (L. Bantz, Finance Director) C. Consider and place on file the City of Wylie Monthly Investment Report for October 31,2010. (L. Bantz, Finance Director) D. Consider and place on file the Wylie Economic Development Corporation Revenue and Finance Report as of October 31,2010. (S. Satterwhite, WEDC) E. Consider, and act upon, Resolution 2010-38(R) authorizing Cities Aggregation Power Project (CAPP) to amend and extend the current electricity supply contract with Next Era for a period commencing January 1, 2011 and ending December 31, 2018. (J. Holcomb, Purchasing) F. Consider, and act upon, authorizing the City Manager to execute a proposal from Lee Engineering for traffic signal opticom detection upgrades in the amount of $28,000. (C. Holsted, City Engineer) G. Consider, and act upon, approval of a Professional Engineering Services Agreement with Birkhoff, Hendricks & Carter, L.L.P. in an amount not to exceed $71,500 for the Impact Fee Update and Water Distribution System Master Plan Update. (C. Holsted, City Engineer) H. Consider and act upon Resolution No. 2010-39(R) authorizing the City Manager to execute a Facilities Use Agreement with other entities wishing to utilize the Training Facility located behind Station #2 at 555 Country club, Wylie, Texas and meeting the requirements of the "Training Rules of Engagement". (R. Corbin, Fire Chief) �. Consider, and act upon, Resolution No. 2010-40(R) authorizing the Mayor to execute an Interlocal Agreement with Dallas County for the maintenance, operation, public safety and emergency services and future annexation of a 0.284 mile segment of Pleasant Valley Road between Elm Grove Road and Wells Road. (M. Sferra, Public Services Director) J. Consider, and act upon, authorizing the City Manager to accept and execute a proposal from ITT Water & Wastewater U.S.A. Flygt Products in the amount of $55,493.38 for the purchase and installation of two submersible wastewater pumps. (M. Sferra, Public Services Director) K. Consider, and act upon, Ordinance No. 2010-22 amending Zoning Ordinance 2001-48, Article 8, Section 8.5 (Certificates of Occupancy and Compliance); to provide procedural regulations for certificate of occupancy requirements. ZC2010-06 (R. 011ie, Planning Director) Minutes December 14, 2010 Wylie City Council Page 3 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 5-0 with Councilman Goss absent. REGULAR AGENDA Public Hearings: 1. Hold the second and final Public Hearing regarding the need to continue, abolish or modify the City of Wylie Juvenile Curfew Ordinance No. 2005-08 and consider and act upon Resolution No. 2010-41(R) to continue, abolish or modify the City of Wylie Juvenile Curfew Ordinance No. 2005-08. (J. Duscio, Chief of Police) Staff Comments Police Chief Duscio addressed council stating that the Texas Local Government Code 370.002(a) states that before the third anniversary of the date of adoption of a juvenile curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county commissioners court, and every third year thereafter, the governing body of the general-law municipality or home-rule municipality or the commissioners court of the county shall: 1. Review the ordinance or order's effects on the community and on problems the ordinance or order was intended to remedy; 2. Conduct public hearings on the need to continue the ordinance or order; and 3. Abolish, continue, or modify the ordinance or order. Chief Duscio explained that the current Curfew Ordinance No. 2005-08 requires a public hearing and review every 3 years in order to abolish, modify, or continue the ordinance. This ordinance gives officers a tool to reduce juvenile crime by specifying times and locations where unsupervised juveniles under the age of 17 can be. Statistics have shown that when unsupervised juveniles gather late at night they are at higher risk of becoming a victim of crime or becoming involved in criminal activity. In 2009 Wylie officers issued 58 citations for curfew violations. From January 1, 2010 to the date this report was completed, October 28, 2010, officers responded to 25 calls in regards to curfew violations and have issued 7 curfew citations. Staff is recommending adoption of Resolution No. 2010-41 for the continuance of Ordinance No. 2005-08 for a three year period. Public Hearing Mayor Hogue opened the public hearing to continue, abolish, or modify the Curfew Ordinance at 7:00 p.m. No one was present to address the council on this item. Mayor Hogue closed the public hearing at 7:00 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilman Jones to adopt Resolution No. 2010-41(R) continuing the Juvenile Curfew Ordinance No. 2005-08 for three years. A vote was taken and the motion passed 5-0 with Councilman Goss absent. Minutes December 14, 2010 Wylie City Council Page 4 2. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural 30 (AG/30) to Light Industrial(LI) on 2.971 acres (L.K. Pegues Survey, Abstract No. 703, Tract 3) generally located east of Hooper Road and south of Steel Road, more specifically 331 Hooper Road. ZC 2010-07 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject property is located at 331 Hooper Road and is adjacent to the Regency Industrial district east of Hooper Road and approximately 560 feet south of Steel Road and totals 2.97 acres. The property is currently zoned Agricultural/30 and has been used for single-family homesteading and miscellaneous commercial uses. A natural drainage channel (creek) bisects the rear one-third of the property running in a northwesterly direction. Notification/Responses: Eleven (11) notifications were mailed, with no written responses returned opposing the request, and no written responses returned in favor of the request. Public Hearing Mayor Hogue opened the public hearing for Zoning Case 2010-07 at 7:08 p.m. No one was present to address the council on this item. Mayor Hogue closed the public hearing at 7:08 p.m. John Ross (applicant), residing at 331 Hooper Road, Wylie, spoke in favor of the zoning change. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tern Byboth to amend the zoning from Agricultural 30 (AG/30) to Light Industrial (LI) on 2.971 acres (L.K. Pegues Survey, Abstract No. 703, Tract 3) generally located east of Hooper Road and south of Steel Road, more specifically 331 Hooper Road. (ZC 2010-07). A vote was taken and the motion passed 5-0 with Councilman Goss absent. 3. Hold a Public Hearing and consider, and act upon, a Residential Replat for Bozman Farm Estates, Phase 1A Addition. Subject property being Lots 15 and 16, Block F. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the two lots total .405 acres and will create one residential lot. The property is zoned Planned Development (PD-2002-52) and was originally platted as Lots 15 and 16 of the Bozman Farm Estates, Phase 1A Addition in April 2004. The lot was deemed unbuildable by Ryland Homes due to the underground spring that was discovered on the property while trying to build a home in 2009. The lot had been unkempt for the past four years. Ryland Homes approached the applicant with an offer to purchase the property and incorporate it into his adjacent lot. 011ie noted the Commission voted 7-0 to recommend approval. Applicant Comments Minutes December 14, 2010 Wylie City Council Page 5 Justin Terry (applicant) spoke in favor of the replat. He explained the additional lot was part of the common area and was un-kept. He was requesting the replat in order to be able to fence that portion as part of his property and maintain it. Public Hearing Mayor Hogue opened the public hearing at 7:12 p.m. No one was present to address the council on this item. Mayor Hogue closed the public hearing at 7:12 p.m. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Jones to approve a Residential Replat for Bozman Farm Estates, Phase 1A Addition. Subject property being Lots 15 and 16, Block F. A vote was taken and the motion passed 5-0 with Councilman Goss absent. Mayor Hogue convened into Executive Session at 7:15 p.m. reading the captions below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.071 (Consultation with Attorney)of the Government Code, Vernon's Texas Code Annotated (Open Meetings Act). Consultation with legal counsel regarding pending litigation and/or settlement offers regarding the following pending matters: • In the Matter of the Application of Wylie Northeast SUD For TPDES Permit No. WQ0014935001; SOAH Docket No. 582-10-3785, TCEQ Docket No. 2010-0107-MWD; pending before the Texas Commission on Environmental Quality. • Petition of Lavon 593 Land Investment Partners, L.P. for Creation of Collin County Water Control and Improvement District No. 3; SOAH Docket No. 582-10-2631, TCEQ Docket No. 2009-1573-DIS; pending before the Texas Commission on Environmental Quality 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. RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. There was not action taken as a result of Executive Session. Minutes December 14, 2010 Wylie City Council Page 6 WORK SESSIONS • Discussion and direction on 2010 Water and Wastewater Rate Study performed by McLain Decision Support Systems. (C. Holsted, City Engineer) Bob McLain representing McLain Decision Support Systems addressed council. He reported that after completing the Water and Wastewater Rate Study, his firm was recommending one of two options for water/wastewater rates. He explained that Option #1 was based on increases to the water rates aligned with the rate increases expected over the next few years from North Texas Municipal Water District. He explained that Option #2 also generates increases in alignment with NTMWD but in addition allows for a drawdown of $3.5 million to make improvements to the public works facilities. City Engineer Holsted asked council for direction. Direction from council was to further research option #2 to bring back for discussion and consideration as a future agenda item. "TRANSFER OF THE COLORS FROM THE CURRENT CITY HALL TO BE REPOSTED AT THE NEW CITY HALL, JANUARY 11T" 2011" ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilwoman Spillyards, seconded by the entire council to adjourn the meeting at 8:20 p.m. A vote was taken and the motion passed unanimously. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes December 14, 2010 Wylie City Council Page 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 11, 2011 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: December 17, 2010 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2010. Recommendation Motion to accept and place on file,the City of Wylie Monthly Revenue and Expenditure Report for November 30, 2010. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB 12/17/10 City Manager M 1 /3/11 Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2010 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2010-2011 2010-2011 2010-2011 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 16,359,668 448,506 515,087 3.15% A FRANCHISE FEES 2,260,000 1,538 19,086 0.84% B LICENSES AND PERMITS 287,030 34,992 79,889 27.83% C INTERGOVERNMENTAL REV. 595,067 1,594 10,899 1.83% SERVICE FEES 2,204,000 172,416 183,725 8.34% D FINES AND FORFEITURES 548,107 24,914 58,802 10.73% E INTEREST INCOME 30,000 1,202 2,767 9.22% F MISCELLANEOUS INCOME 303,646 39,334 45,241 14.90% OTHER FINANCING SOURCES 1,252,612 0 0 0.00% G REVENUES 23,840,130 724,496 915,496 3.84% USE OF FUND BALANCE 1,630,932 NA NA NA H TRANSFER FROM FLEET 742,500 TOTAL REVENUES 26,213,562 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 83,281 8,149 16,404 19.70% CITY MANAGER 787,994 69,690 127,732 16.21% CITY SECRETARY 243,827 19,382 35,620 14.61% CITY ATTORNEY 128,000 19,778 19,778 15.45% FINANCE 855,227 57,448 156,037 18.25% FACILITIES 286,800 11,724 20,984 7.32% MUNICIPAL COURT 345,488 23,505 41,251 11.94% HUMAN RESOURCES 196,051 16,839 29,565 15.08% PURCHASING 115,342 10,857 19,409 16.83% INFORMATION TECHNOLOGY 979,551 68,506 320,215 32.69% I POLICE 5,517,802 529,935 921,040 16.69% FIRE 5,304,604 468,758 852,302 16.07% ANIMAL CONTROL 277,775 28,063 46,288 16.66% PLANNING 469,045 39,189 67,880 14.47% BUILDING INSPECTION 671,287 57,939 109,838 16.36% CODE ENFORCEMENT 193,542 14,452 31,153 16.10% STREETS 1,313,233 87,092 164,591 12.53% PARKS 1,624,539 241,887 304,002 18.71% J RECREATION 207,350 1,165 997 0.48% K LIBRARY 1,178,693 76,569 179,701 15.25% COMBINED SERVICES 4,909,131 166,612 483,911 9.86% TOTAL EXPENDITURES 25,688,562 2,017,539 3,948,698 15.37% REVENUES OVER/(UNDER)EXPENDITURES 525,000 -1,293,043 -3,033,202 -11.53% A.Property Tax Collections for FY10-11 as of November 30 are 3.11%,in comparison to FY09-10 for the same time period 2.95%. B. Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Licenses and Permits:Are recognized periodically,but we have seen an increase in plumbing,electrical and mechanical permits.New Dwelling Permits are on track to meet projected revenue. D.Service Fees:Trash fees are on track to meet projected revenue with the remaining fees coming from WAVE and other seasonal fees. E.Fines and Forfeitures:Municipal Court Fines are down slightly.With the addition of bailiff/warrant officer,these revenues are projected to rise. F. Interest Income: In relation to the last 12 months the current interest is in line with projections. G.Other Financing Sources consist of the Utility Fund transfer and WEDC transfer for services rendered. H.Use of Fund Balance:to supplement the Emergency Communications Tower,Debt Service,Streets and Alleys,and Municipal Complex Equpment. I. With new Municipal Complex coming online,overtime associated plus equipment purchases that were originally budgeted for. J.The Parks department purchased new heavy machinery such as mowers and trailers.The department should level out throughout the fiscal year. CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2010 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2010-2011 2010-2011 2010-2011 OF BUDGET K.The majority of Recreation expenses come in the third and forth quarter that are associated with WAVE. CITY OF WYLIE MONTHLY FINANCIAL REPORT November 30,2010 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 16.67% ACCOUNT DESCRIPTION 2010-2011 2010-2011 2010-2011 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 9,714,000 927,033 927,906 9.55% INTEREST INCOME 30,000 2,086 4,291 14.30% MISCELLANEOUS INCOME 35,000 3,231 5,308 15.17% OTHER FINANCING SOURCES 1,500,000 0 0 0.00% L TOTAL REVENUES 11,279,000 932,350 937,505 8.31% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 317,274 55,048 82,487 26.00% UTILITIES-WATER 1,048,752 88,977 155,709 14.85% CITY ENGINEER 435,016 32,501 58,060 13.35% UTILITIES-SEWER 635,126 34,982 85,553 13.47% UTILITY BILLING 579,187 51,755 91,198 15.75% COMBINED SERVICES 8,258,495 24,342 1,082,754 13.11% TOTAL EXPENDITURES 11,273,850 287,605 1,555,761 13.80% REVENUES OVER/(UNDER)EXPENDITURES 5,150 644,745 -618,256 -5.49% L.Other financing sources consist of transfer from Impact Fund into Utility Fund. Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: January 11, 2011 Item Number: C. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: December 17, 2010 Budgeted Amount: Exhibits: Investment Report Subject Consider, and place on file, the City of Wylie Monthly Investment Report for November 30, 2010. Recommendation Motion to accept and place on file, the City of Wylie Monthly Investment Report for November 30, 2010. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB 12/17/10 City Manager nil 1 /3 /i c Page 1 of 1 i 2010-2011 Investment Report November 30, 2010 Money Market Accounts: MMA Certificates of Deposit: CCD Treasury Bills: T-Bills Treasury Notes: T-Notes Government Agency Notes: AN Invest. Principal Type Of Interest Purchase Maturity Number Amount Security Rate Issuer Date Date -1 $68,554,861.80 MMA 0.21% Texpool 12/31/2006 NA 2 $4,186,972.72 CCD 0.75% Texans Credit Union 01/23/2010 01/23/2011 $72,741,834.52 Total Weighted Average Coupon: 0.24% Money Markets: $68,554,861.80 Weighted Average Maturity (Days): 21.95 Certificates of Deposits: $4,186,972.72 $72,741,834.52 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 1-11-11 Item Number: D. Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 12-17-10 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2010. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of November 30, 2010. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on December 17, 2010. This financial report was not submitted in December due to the Council meeting which was held on December 14, 2010 which was before the WEDC Board Meeting was held to approve the report. Approved By Initial Date Department Director ii'i SS 12-17-10 City Manager AAA 15// I Page 1 of 1 12-15-2010 08:32 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: NOVEMBER 30TH, 20:0 ill-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 1,524,288.78 1000-10115 CASH - WEDC - INWOOD - 0.00 1000-10135 INWOOD BANK - ESCROW 0.00 1000-10180 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER - MISC CLEARING 295.26 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCTS REC - MISC 0.00 1000-11517 ACCTS REC - SALES TAX 0.01 1000-12996 LOAN REC - JACOBY 0.00 1000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCTS REC - SAVAGE 361,236.86 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,836,595.17 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PRE?AID EXPENSES - MISC 0.00 1000-14410 DEFERRED CHARGES 720,204.20 5,442,620.28 TOTAL ASSETS 5,442,620.28 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 995.78 2000-20111 MEDICARE PAYABLE 97.92 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 114.35) 2000-20117 TMRS PAYABLE 488.92 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 106.93 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20124 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 ICMA PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 2,300.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 3.65 2000-20199 MISC PAYROLL PAYABLE 0.00 2 2000-20210 ACCOUNTS PAYABLE 26,240.45 2000-20530 PROPERTY TAXES PAYABLE 0.00 • 2000-20540 NOTES PAYABLE 720,204.20 2000-20810 DUE TO GENERAL FUND 0.00 12-15-2010 08:32 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: NOVEMBER 30TH, 2010 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE 2000-22270 DEFERRED REVENUE 262,319.66 2000-22915 RENTAL DEPOSITS 1,800.00 TOTAL LIABILITIES 1,017,440.41 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDES:G 3,877,296.71 TOTAL BEGINNING EQUITY 3,877,296.71 TOTAL REVENUE 653,989.39 TOTAL EXPENSES 106,106.23 REVENUE OVER/(UNDER) EXPENSES 547,883.16 TOTAL EQUITY & OVER!(UNDER) 4,425,179.87 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 5,442,620.28 12-15-2010 08:32 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: NOVEMBER 30TH, 2010 922-GEN LONG TERM DEBT (WEDC) ACCOUNT# TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEDC 0.00 1000-18120 LOAN - BIRMINGHAM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 36,069.88 2000-20311 COMP ABSENCES PAYABLE-CURRENT 2,830.57 2000-21410 AIP - GO/CO BONDS 512.10 2000-28205 WEDC LOANS - CURRENT 37,760.35 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 0.00 2000-28235 ANB LOAN 448,571.42 2000-28240 HUGHES LOAN 189,637.19 2000-28250 CITY OF WYLIE LOAN 0.00 2000-28260 PRIME NUTS LOAN 155,002.44 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0.00 TOTAL LIABILITIES 870,383.95 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 868,318.10) TOTAL BEGINNING EQUITY ( 868,318.10) TOTAL REVENUE 0.00 TOTAL EXPENSES 2,065.85 REVENUE OVER/(UNDER) EXPENSES ( 2,065.85) TOTAL EQUITY & OVER/(UNDER) ( 870,383.95) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 12-15-2010 07:37 AM CITY OF WYLIE PAGE: REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 20:0 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,299,056.00 0.00 0.00 0.00 0.00 1,299,056.00 0.00 INTEREST INCOME 3,000.00 161.54 0.00 325.65 0.00 2,674.35 10.86 MISCELLANEOUS INCOME 87,800.00 646,563.74 0.00 653,663.74 0.00 ( 565,863.74) 744.49 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,389,856.00 646,725.28 0.00 653,989.39 0.00 735,866.61 47.05 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 2,106,765.00 66,678.43 0.00 106,106.23 0.00 2,000,658.77 5.04 TOTAL EXPENDITURES 2,106,765.00 66,678.43 0.00 106,106.23 0.00 2,000,658.77 5.04 REVENUE OVER/(UNDER) EXPENDITURES ( 716,909.00) 580,046.85 0.00 347,883.16 0.00 ( 1,264,792.16) 76.42- 12-15-2010 07:37 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPCRT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2010 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % CF BUDGET PERIOD PC ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,299,056.00 0.00 0.00 0.00 0.00 1,299,056.00 0.00 TOTAL TAXES 1,299,056.00 0.00 0.00 0.00 0.00 1,299,056.00 0.00 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 3,000.00 161.54 0.00 325.65 0.00 2,674.35 10.86 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 3,000.00 161.54 0.00 325.65 0.00 2,674.35 10.86 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 87,800.00 7,100.00 0.00 14,200.00 0.00 73,600.00 16.17 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISCELLANEOUS INCOME 0.00 639,463.74 0.00 639,463.74 0.00 ( 639,463.74) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 87,800.00 646,563.74 0.00 653,663.74 0.00 ( 565,863.74) 744.49 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,389,856.00 646,725.28 0.00 653,989.39 0.00 735,866.61 47.05 12-15-2010 07:37 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2010 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 166,778.00 12,832.50 0.00 26,306.62 0.00 ' 140,471.38 15.77 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 960.00 964.00 0.00 964.00 0.00 ( 4.00) 100.42 5611-5145 SICK LEAVE BUYBACK 1,924.00 1,764.62 0.00 1,764.62 0.00 159.38 91.72 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 1,785.10 0.00 9,534.90 15.77 561E-51220 PHONE ALLOWANCE 3,456.00 265.84 0.00 544.97 0.00 2,911.03 15.77 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 20,452.00 1,063.60 0.00 2,669.70 0.00 17,782.30 13.05 5611-51410 HOSPITAL & LIFE INSURANCE 24,773.00 3,215.50 0.00 4,868.53 0.00 19,904.47 19.65 5611-51420 LONG-TERM DISABILITY 951.00 76.44 0.00 114.66 0.00 836.34 12.06 5611-51440 FICA 11,439.00 287.02 0.00 747.59 0.00 10,691.41 6.54 5611-51450 MEDICARE 2,676.00 235.41 0.00 343.12 0.00 2,332.88 12.82 5611-51470 WORKERS COW? PREMIUM 604.00 604.00 0.00 604.00 0.00 0.00 100.00 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 0.00 0.00 540.00 0.00 TOTAL PERSONNEL SERVICES 245,873.00 22,179.71 0.00 40,712.91 0.00 205,160.09 16.56 SUPPLIES 5611-52010 OFFICE SUPPLIES 14,200.00 8,906.41 0.00 8,952.35 0.00 5,247.65 63.04 5611-52040 POSTAGE & FREIGHT 1,220.00 5.86 0.00 20.27 0.00 1,199.73 1.66 5611-52130 TOOLS/ EQUIP - UNDER $100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 3,600.00 265.07 0.00 265.07 0.00 3,334.93 7.36 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 19,020.00 9,177.34 0.00 9,237.69 0.00 9,782.31 48.57 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 2,000.00 0.00 0.00 0.00 0.00 2,000.00 0.00 5611-54990 OTHER 20,000.00 0.00 0.00 0.00 0.00 20,000.00 0.00 TOTAL MATERIALS FOR MAINTENANC 22,000.00 0.00 0.00 0.00 0.00 22,000.00 0.00 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 796,888.00 0.00 0.00 0.00 0.00 796,888.00 0.00 5611-56040 SPECIAL SERVICES 25,845.00 1,350.00 0.00 7,340.00 0.00 16,505.00 28.40 5611-56080 ADVERTISING 48,790.00 865.00 0.00 865.00 0.00 47,925.00 1.77 5611-56090 COMMUNITY DEVELOPMENT 38,715.00 8,898.00 0.00 11,998.00 0.00 26,717.00 30.99 5611-56110 COMMUNICATIONS 3,140.00 205.34 0.00 410.67 0.00 2,729.33 13.08 5611-56180 RENTAL 27,000.00 313.64 0.00 2,513.64 0.00 24,486.36 9.31 5611-56210 TRAVEL & TRAINING 40,677.00 69.66 0.00 94.29 0.00 40,582.71 0.23 5611-56250 DUES & SUBSCRIPTIONS 7,813.00 0.00 0.00 1,500.00 0.00 6,313.00 19.20 5611-56310 INSURANCE 303.00 0.00 0.00 0.00 0.00 303.00 0.00 5611-56510 AUDIT & LEGAL SERVICES 12,600.00 3,175.00 0.00 3,175.00 0.00 9,425.00 25.20 5611-56570 ENGINEERING/ARCHITECTURAL 12,500.00 5,300.00 0.00 6,800.00 0.00 5,700.00 54.40 5611-56610 UTILITIES-ELECTRIC 4,800.00 375.63 0.00 375.63 0.00 4,424.37 7.83 TOTAL CONTRACTUAL SERVICES 1,019,071.00 20,532.27 0.00 35,072.23 0.00 983,998.77 3.44 12-15-2010 07:37 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: NOVEMBER 30TH, 2010 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PR:OR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CA?. REP:, 5611-57110 DEBT SERVICE-BOND DEBT. 231,968.00 14,769.11 0.00 21,083.40 0.00 210,884.60 9.09 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 231,968.00 14,769.11 0.00 21,083.40 0.00 210,884.60 9.09 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 553,333.00 0.00 0.00 0.00 0.00 553,333.00 0.00 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 500.00 0.00 0.00 0.00 0.00 500.00 0.00 5611-58830 FURNITURE & FIXTURES 10,000.00 0.00 0.00 0.00 0.00 10,000.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 563,833.00 0.00 0.00 0.00 0.00 563,833.00 0.00 OTHER F:NANC:NG (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 5611-59190 TRANSFER TO TH.ORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNT:NG 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 0.00 0.00 5,000.0C 0.00 TOTAL DEVELOPMENT CORP-WEDC 2,106,765.00 66,678.43 0.00 106,106.23 0.00 2,000,658.77 5.04 TOTAL EXPENDITURES 2,106,765.00 66,678.43 0.00 106,106.23 0.00 2,000,658.77 5.04 REVENUE OVER (UNDER) EXPENDITURES ( 716,909.00) 580,046.85 0.00 547,883.16 0.00 ( 1,264,792.16) 76.42- *** END OF REPORT *`* Wylie Economic Development Corporation Balance Sheet Subledger November 30, 2010 Inventory-Land Date°of Pub., Address :M . . :Acr'eagejm roverr enfs s"``ft ,, M7unrAtigmot0,6W%W McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 4,750 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a 639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 30.12 2,836,595.17 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. Wylie Economic Development Corporation Balance Sheet Sub ledger November 30, 2010 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance October 31, 2010 $393,659.06 Hughes(#52 of 120) 7/25/06 3,774.70 219,816.13 2,675.62 1,099.08 6.00 217,140.51 Prime Kuts(#37 of 120) 10/8/07 2,539.59 173,842.93 1,670.38 869.21 6.00 172,172.55 ANBTX (#1 of so) 10/28/10 8454.82 448,571.42 6,912.86 1,541.96 4.95 441,658.56 11,258.86 $3,510.25 $830,971.62 November 30, 2010 Note: Principal and Interest payments vary by date of payment. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF NOVEMBER 2010 MONTH WEDC WEDC WEDC DIFF % DIFF 2008 2009 2010 09 VS 10 09 VS 10 DECEMBER $82,384 $90,500 $81,014 -$9,486 -10.48% JANUARY 89,898 101,531 91,593 -9,938 -9.79% FEBRUARY 132,441 145,246 153,281 8,035 5.53% MARCH 86,460 87,584 89,717 2,133 2.43% APRIL 86,004 86,040 89,119 3,079 3.58% MAY 130,208 130,966 144,953 13,987 10.68% JUNE 99,523 94,993 111,174 16,181 17.03% JULY 98,845 95,282 99,065 3,783 3.97% AUGUST 132,563 117,541 144,373 26,832 22.83% SEPTEMBER 112,165 104,015 98,102 -5,913 -5.68% OCTOBER 100,202 100,312 96,010 -4,301 -4.29% NOVEMBER 142,985 144,326 145,337 1,011 0.70% Sub-Total $1,293,678 $1,298,336 $1,343,739 $45,403 3.50% AUDIT ADJ TOTAL $1,293,678 $1,298,336 $1,343,739 $45,403 3.50% WEDC SALES TAX ANALYSIS $180,000 $160,000 $140,000 $120,000 - $100,000 - . :, 02009 $80,000 ° $60,000 4; : 1,1, " 1t i 1 $40,000 ' c }_: $20,000 r° y e; $0 a) Z'2 U - lV C -' h N r, N E 2 m Q M ? -, rn E o E CD m .r Q CD0 CD a -) L.L. a O C a) WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF DECEMBER 2010 MONTH WEDC WEDC WEDC DIFF % DIFF 2009 2010 2011 10 VS 11 10 VS 11 DECEMBER $90,500 $81,014 $103,687 $22,673 27.99% JANUARY 101,531 91,593 FEBRUARY 145,246 153,281 MARCH 87,584 89,717 APRIL 86,040 89,119 MAY 130,966 144,953 JUNE 94,993 111,174 JULY 95,282 99,065 AUGUST 117,541 144,373 SEPTEMBER 104,015 98,102 OCTOBER 100,312 96,010 NOVEMBER 144,326 145,337 Sub-Total $1,298,336 $1,343,739 $103,687 $22,673 27.99% AUDIT ADJ TOTAL $1,298,336 $1,343,739 $103,687 $22,673 27.99% WEDC SALES TAX ANALYSIS $180,000 - $160,000 - $140,000 - -- - $120,000 $100,000 -- -- $80,000 - - - 02010 is 2011 $60,000 - $40,000 -- - $20,000 - a�i , LL n O o o cn 2 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 11, 2011 Item Number: E. Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: N/A Budgeted in individual Date Prepared: January 5, 2011 Budgeted Amount: departments Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2011-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. Recommendation Motion to approve Resolution No. 2011-01(R) establishing the Wylie News as the "Official Newspaper" of the City of Wylie; and further establishing the Dallas Morning News (Collin County and Metro East Sections) as the secondary paper for notices requiring specific legal requirements. Discussion Texas Local Government Code, §52.004 states that at the beginning of each fiscal year, municipalities must designate an official newspaper. This must be done as soon as practicable. The municipality shall contract with the newspaper designated by ordinance or resolution. There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. (a)Designating Official Newspaper. The publication must be a newspaper as defined by § 2051.044, Government Code. The section defines the term newspaper as: § 2051.044, (a) (1) any newspaper devoting not less than 25% of its total column lineage to the carrying of items of general interest (2) published not less frequently than once each week, (3) entered as second class postal matter in the county where published (4) having been published regularly and continuously not less than twelve (12) months prior to the making of any publication... Page 1 of 2 Page 2 of 2 § 2051.044, (b) Publication of Notice in Newspaper. Where a law which requires or authorizes the publication of a notice in a newspaper by a municipality, and does not specify the manner of the publication, including the number of times that the notice is required to be published and the period during which the notice is required to be published, the above requirements (a) pertain; additionally, (b), (4) states that a municipality shall publish notices in a newspaper that is published in the municipality, and which meets the above requirements and will publish the notice at or below the legal rate. If no newspaper published in the municipality meets these requirements, then the municipality shall publish the notice in a newspaper that is published in the county in which the municipality is located and will charge the legal rate or a lower rate. GC §2051.048. Publication rates for the Wylie News and Dallas Morning News have not varied from last year. Some legal notices require that the notice be published in all counties within the incorporated city; in this case the city attorney's office has noted that it is best to publish these notices in the three county editions of the Dallas Morning News as well as the Wylie News. The City of Wylie Home Rule Charter additionally states in Article X1, Section 2; The City Council shall declare an official newspaper of general circulation in the city. All captions of ordinances, notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper. The Wylie News meets the criteria for official publication as provided by the statute and provides the most cost efficient legal notice fees. The Wylie News has been the official newspaper for the City for many years. Approved By Initial Date Department Director CE 1/5/11 City Manager A Y (3� RESOLUTION NO. 2011-01 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE. WHEREAS,Section 52.004,Local Government Code,requires the City Council of the City of Wylie,Texas("City Council")to determine,by ordinance or resolution,a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council finds that the Wylie News is a public newspaper of general circulation and: (1) devotes not less than 25%of its total column lineage to general interest items; (2) is published at least once a week; (3) is entered as 2nd class postal matter in the county where published; (4) has been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice; and WHEREAS,the City Council finds that the Wylie News is a publication that meets all of the criteria legally required of an officially designated newspaper for the City of Wylie; and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: (1) The Wylie News is designated as the official newspaper for the City of Wylie for Fiscal Year 2011, commencing January 1, 2011. (2) This Resolution is effective immediately upon passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, and this the 11th day of January 2011. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution 2011-01(R) Establishing Official Newspaper 2011 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 11, 2011 Item Number: F. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 15, 2010 Budgeted Amount: Exhibits: Two Subject Consider, and act upon, Ordinance No. 2011-01 amending the zoning from Agricultural 30 (AG/30) District to Light Industrial (LI) on 2.971 acres (L.K. Pegues Survey, Abstract No. 703, Tract 3) generally located east of Hooper Road and south of Steel Road, more specifically 331 Hooper Road. ZC 2010-07 Recommendation Motion to approve Ordinance No. 2011-01 amending the zoning from Agricultural 30 (AG/30) District to Light Industrial (LI) on 2.971 acres (L.K. Pegues Survey, Abstract No. 703, Tract 3) generally located east of Hooper Road and south of Steel Road, more specifically 331 Hooper Road. ZC 2010-07 Discussion Owner: Mr. George Allen Ross Applicant: Mr. George Allen Ross Zoning Case 2010-07 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The 2.97 acre tract is located east of Hooper Road and south of Steel Road, more specifically 331 Hooper Road. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Approved By Initial Date Department Director RO 12/15/10 City Manager /Yl V► f 1 I:5h 1 Page 1 of 1 ORDINANCE NO. 2011-01 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2010-07, FROM AGRICULTURAL 30 (AG/30) DISTRICT TO LIGHT INDUSTRIAL (LI) DISTRICT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Light Industrial (LI), said property being described in Exhibit "A" (Boundary Map with legal Description), and Exhibit "B" (Location Map) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance 2011-01 ZC 2010-07 Ross Raod-Hooper Road SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11 th day of January, 2011. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: January 19,2011, in the Wylie News Ordinance 2011-01 ZC 2010-07 Ross Raod-Hooper Road t I ! j . _ i i ; L_______ . ------i-1---fr 111. 111. 11ALIALIII ---- ..........................___,............._--- -.,......... ....:::.....1.1.7.:::::......7......:::... !- , • ,,f_____ _)_____.2 1 ffltu_cur. I t ! . / , . 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' ! i i i itr, ...-„-....- ,...,.......,.......,.....-..-..-,-..---..-..-.-..-----.---..--...-......-..---.,_._ LOCATION MAP ZONING CASE #2010-07 LEGAL DESCRIPTION tract PEWE5 SORE,Abs tract es us.and being « a ... d le donn.iL e Ralnsnexerad Volume tXl. a961+.D N R«am:.Collin n d.,9I.. «<..ly H6.d as.aws I I , ` ' 11 I V5> 385, ° of Lois conveyed line V ,e texas Light Company 0•a. d in , luume .Pope 355.sold Recto.. Inch found,THENCE.N .115..6' t a n9 T.oa "s in ce.n" I S 88'22'S2" 8 468.29' tr« a ai0025 ren aan °F a ems:«a caiM 1 ,7v THENCE.I.worst/w.E65.25 feet 1 tn.fast line M e..l a ! j' 1: < �e�e`�6.said R.co m°'o.m.nt« I. I in Volume .nJi. TKNC6.5,622.5 On the ginstn E5+66.e9 t t rog(of land m inCh-ton red Setet 8, W a a rus.w.an CWi.C '" t .I `q a Cabinet 4 a • .r. N Is 'HENC. Hooper ,a ,NG 0 1 E' 5 F 'R 3' �..e n,D..e roam.suer Pa9•e,..00001 a 'i1 �99` 2.971 ACRES Fu. j� a 7 ma's N 8952.0• r85.52' 's Y t _•a+. -_ mum.m...,7 NP..«rxe.T.r....uvne. i+.`r°7ri`a N" NS OS N; 8 coNPOMi�Ncmc 'cl Ci;?-i ^i w 3 ^ , SURVEYORS cER,6T0215 ocr r:tmo J r d$ tM.surrey.«maa.an m. 'r�r010 ,,,ore.t.certif m,okra ion.that this corr., *nd shoran° na e d« to m.current Tex.5, a�seanatsu,Montle.end soma -w carmen 5.,,erne Spoon.- None b6.•.�JLL6 to _ BOUNDARY SURVEY and ann /✓y�gE ` e,%=4:.,,, 2.971 ACRES 50 25 0 50 'CO LK.PEOUES S01fVET,ABSTRACT N0.703 Cill ,. w SUTx COLLIN COUNTY, TEXAS R..Pi.s ND..6+s 5 SCALE FEET rI88rONAN .'S,U'SUNNE oP' ucN v.K. _.. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 11, 2011 Item Number: G. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 15, 2010 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval for a Replat for for Aldi Wylie Addition, Lots 1 and 2, Block A creating a single commercial lot generally located on the north of FM 544 and approximately 800' east of McCreary Road. Recommendation Motion to approve a Replat for for Aldi Wylie Addition, Lots 1 and 2, Block A creating a single commercial lot generally located on the north of FM 544 and approximately 800' east of McCreary Road. Discussion The property totals 2.0803 acres and creates two (2) commercial/retail lots and was previously platted as Lot 2, Block 1 of the Children's Lighthouse Addition and Lot 2, Block 1 of the QT Eight Hundred Ninety Four Addition. The property is zoned Commercial Corridor(CC). The purpose of the Replat is to incorporate portions of the two previously platted additions into a single lot (Lot 1, Block A) for the development of Aldi's Grocery Store. A site plan for Lot 1, Block A was approved by the Planning and Zoning Commission on December 7, 2010. No plans have been submitted for Lot 2, Block A. However, a 30' access drive has been incorporated into Lot 2 for future development. Lot 1, Block A will be 2.0803 acres (90,618 S.F.) in size. Lot 2, Block A will be 2.1891 acres (95,357 S. F.) in size. QuikTrip fueling station/convenience store abuts the property to the east, and the Children's Lighthouse Daycare Center abuts the subject property to the west. The Replat complies with all applicable technical requirements of the City of Wylie. Planning Commission voted 4-0 to recommend approval of the Replat. Approved By Initial Date Department Director RO 12/15/10 City Manager W l //3//1 Page 1 of 1 1 `% 1E�` k I 1.-.- 1..T,,. I__ 1 WALLAS D�� a. 1 ' i-;4 AREA RAPID '� — Ana 7' i11�ISIT $ _ — /.. 1 4S.w � w„QA . i. I yg ND n,� I a LOT?a 640CX A n. I . wok wrawTIE EAsawa rm c MOW..MONO w a a au il n `i ,vm,'NS a:D / 2.1091 AC. g Z.4111010 A MOON a INS,naaa ST W.MO TOADS e A.,Mnw S 90092Y •S MOW'r - I.000• t� Z -,00 WOOFS u,Ma P, Tt m TOTES No fi IL T TIMT F AYNTn. ?ZEMOE NNN TEMPI NE'.MID U.M FINAL PLAT f011 T.gI8o I s gorse r - rnar °°� m' 2 nprsa nc wT ,n.COUNT,'" p1"`EE.'''' �3 I b101&'n�..INR /_ 'I� , nwa.:acrnc ,a v,,•• ,T,, i "nmOnm:p1Y a sic.o waa tea,Y:D irAR PROW , 'V}-- ,;,,e In.) .oa:m OIS, ,�`.w,' �tl. NUTOEa mia,u v.a.oen.,rT uea„a,.MM. i _,,. sss$OW r-79TAV .B..=AM RAP n<OTT O-ells.Our COMnw waAAT,MILL NO 4nmemw,A TCCOVE TATE oa701a,w,.TN; li LOT 1,BLOCK A ...,s PA.PBD R a. Nm .,« N a as r naD Ir ' LOCOS AC. l YYY 1 a.air.v,MOS SET AT,L,.LOT COMM,.LESS one..:E«Ann. Ilk 2. ITTr E00 15 T. .R�LT . NN . It j. A I • _ yy if , w.No,nA.oi° \' m T,. ',, .b for .i.N iE I /TS o R MOT MOM MOTT TOM AOonDN nes i FAGOT \\ I ,4 um w,D 1 , , - I �r,n1s"Di.lD`,sx".'E `__1; mDw ,;;_ 5 ,1. k. r__ _ cE,01241 — �.1�_x'S• assay «, I P '`_ j M PRELIMINARY ,/" - \ oos04D NOA.�E 7.]OID FDII IIP50 001 DILY R6 - - �� . ,.,m`",`LSm"wm '° aE�'t1.'" DOCUMENT MALL NOT E RECORDED FOR ANY MIME _ mom BE6'BA0A10 ¢wY.11°.�> OA I'' F F-.,.v R FARM MARKET ROAD NO. 544 FINAL PLAT L_°t`_°' °" . a LOTS I & 2, BLOCK 'A' il ALDI W f�LIE ADDITION «O«M a �N N, I a , BEING A REPLAT OF 4.2694 ACRES OF LAND AND ALL OF �(= ..�.II ir, LOT 2, BLOCK 1 OF CHILDREN'S LIGHTHOUSE ADDITION AS RECORDED IN VOL 2007, PG. 107, P.R.C.C.T. AND ALL OF LOT 2, BLOCK 1 OF QT EIGHT HUNDRED NINETY FOUR ADDITION il, AS RECORDED IN VOL 2009, PG. 348, P.R.C.C.T. n MOSES SPARKS SURVEY, ABSTRACT NO. 849 OWNER: SURVEYOR: ENGINEER:: CITY OF WYLIE, COWN COUNTY, TEXAS I4E CAPITAL FRSNCN15E FINANCE CORP. DAM.R.PETREE.R.P.I.S. BURGER ENOINEU/NR.U.S 8377 E.HARTFORD DRIVE.SUITE 200 11015 NIDWAY ROAD 17103 PRESTON ROAD,SURE 180N SCOTTSDALE.AIOZOSA DALLAS.TEXAS.75229 DALLAS,TEXAS.75241 (214)350-4500 (972)530-3360 CONTACT:BRYAN N.BURGER,P.E. NOVEMBER 17, 2010 PACE 1 CP 2 C-1.1 L 74( Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 11, 2011 Item Number: 1. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: December 13, 2010 Budgeted Amount: Exhibits: 4 Subject Consider, and act upon, 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 Recommendation Motion to approve amending regulations to Zoning Ordinance 2006-04, Article 5, Section 5.1.J (Accessory Uses); allowing for and providing certain safeguards relating to Home Occupations. ZC2010-04 Discussion Home Occupations are currently allowed in the City and have been since the adoption of Ordinance No. 62-5 with somewhat restricted regulations. The Ordinance; as adopted in 1985, specifically did not allow customers to retrieve items from the business owner's residence. The current ordinance states that "there shall be no sale of merchandise which requires customers to go to the property". Today many consumers purchase items via the internet, telephone, or at product-sponsored home parties. Some of these transactions, due to State and Federal regulations, have additional steps in the process that necessitates the products being delivered to the sellers address and not to the customer who originally made the purchase. A change to the Home Occupation Ordinance would continue promoting entrepreneurship while maintaining the residential integrity of the neighborhood. Commission Discussion: The Commission discussed the effect the proposed amendment would have on in-home day care centers and how they operate. As an additional safeguard, the Commission recommends adding a clause to exempt in-home day cares for the guidelines of the Home Occupation Ordinance. The exemption would exclude those homeowners who operate an in-home day care that is certified, listed or registered with the State of Texas. Those businesses that are included would be those that meet the definition as outlined in the Human Resources Code Chapter 42: Human Resources Code Chapter 42: Sec. 42.002. DEFINITIONS. In this chapter: (9) "Family home" means a home that provides regular care in the caretaker's own residence for not more than six children under 14 years of age, excluding children who are related to the caretaker, and that provides care after school hours for not more than six additional elementary school children, but the total number of children, including children who are related to the caretaker, does not exceed 12 at any given time. The term does not include a home that provides care exclusively for any number of children who are related to Page 1 of 2 Page 2 of 2 the caretaker. e) The exemptions provided by Subsection (b) of this section do not affect the authority of local, regional, or state health department officials, the state fire marshal, or local fire prevention officials to inspect child-care facilities. In addition, the Commission discussed the number of employees allowed on the premises. It was the decision of the Commission to allow no more than 2 additional employees who do not reside on the premises. This would allow those businesses who require additional help in operating a business, but will not have a significant adverse affect on on-street traffic flow. It was stated that the already existing provision that limits pedestrian and vehicular traffic to that normally associated with residential districts would suffice as the mechanism that ensures no business regardless of employees could impede on the residential character of the neighborhood. The Commission added a clause stating that a property owner has the opportunity to seek a variance to this ordinance only in accordance with Section 8.4 of the current Zoning Ordinance. The statement "there shall be no sale of merchandise which requires customers to go to the property" was removed. The Commission voted 4-0 to recommend approval to City Council with the above stated amendments. Approved By Initial Date Department Director RO 12/14/10 City Manager J 1141 Ohl A Brief History on Home Occupations. 1. Home Occupations have been a part of Wylie since the 1962 Zoning Ordinance and defined as being clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character of the dwelling and offers no articles for sale except such as may be produced on the premises. Not more than one person outside the immediate family residing on the premises was allowed as an employee. Only a small name plate was allowed for advertising,but could not be larger than one square foot. This ordinance did list some uses that are considered home occupations. 2. Amendments were made with the adoption of the 1985 Zoning Ordinance. The primary changes were that no one living outside of the residence could be employed and the use does not offer, display or advertise any commodity or service for sale on the premises. The 1962 list of allowable home occupations was omitted. 3. In 2001 a major re-write of the Zoning Ordinance and new zoning districts were implemented. The Home Occupation regulations were written in more detailed, but did not include any primary changes or a list of uses. 4. Again in 2006, amendments to the text of the ordinance and official zoning map were adopted. However, no changes were made to the Home Occupation regulations. 5. The 2010 proposed amendments to the Home Occupation regulations would be somewhat less restrictive by allowing customers to retrieve previously purchased items from the residence of the business owner. The reason for this amendment was to recognize a move of home occupations into the arena of internet based businesses. Whereby, customers made orders over the internet or through a sales party and the item would then be shipped to the business owner for customer pick-up. Most sales would be delivered to the customer, but in some instances the order has to be shipped to the business owner. tit CiiY FWYi,ii Zoning Ordinance ARTICLE 5 USE REGULATIONS SECTION 5.2 LISTED USES J. Accessory Uses 9. Home Occupation a. Definition: Home occupation means an occupation that is incidental to the primary use of the premises as a residence and conducted on the residential premises by a resident of the premises. b. Permitted Districts: See Land Use Charts in Section 5.1. c. Required Parking: None,other than required for the primary structure. d. Required Loading: None e. Additional Provisions: All permitted districts: (1) On-premise advertisements, signs or displays are prohibited. (2) The appearance of the structure shall not be altered, nor shall the occupation within the dwellings be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, or by signs, or the emission of sounds,noises, dust, odors, fumes, smoke, or vibrations. (3) There shall be no more than two (2) employees who do not reside on the premises. All (54) Pedestrian and vehicular traffic will be limited to that normally associated with residential districts. (65) There shall be no outdoor storage of materials or equipment_; no storage of toxic or hazardous materials, including ammunition and gunpowder, norThere shall er -be no visible merchandise from outside the dwelling. (-6) The use of utilities shall be limited to that normally associated with the use of the property for residential purposes. (S7) There shall be no use or storage of mechanical equipment not recognized as being part of normal household or hobby use. (8) A property owner may seek a variance to this ordinance in accordance with Article 8, Section 8.4 Zoning Board of Adjustment. (9) As defined by the Human Resource Code, Chapter 42 an "In-home Day Care" or a "Family home" that is certified, listed or registered with the State of Texas is exempt from this Ordinance, and governed by the rules and regulations of the State of Texas. FROM : WYLIE PRINTING & OFC SUPPLY PHONE NO. : 972 442 1682 Oct. 26 2010 01:07PM P1 October 26,2010 Thank you to the Council and Planning and Zoning for allowing me to present my view concerning home basec businesses. Let me begin with saying that you have a tough responsibility here.I know you will make the best decision based on ail the information that you have. I have every confidence that you will make the necessary changes to the law based on protecting the majority and keeping the children of our neighborhoods safe. I urge you to keep our neighborhoods looking residential. I am for business in the home,many people rely on tome business for their livelihood. But they do need to be"hidden"businesses. Being a"good neighbor"is common..ilace for most people. But,for the few,it is not.The law needs to be strict enough to be able to enforce it when the fe" r encroach on the rights of their neighbors. We have 3 businesses.Two of which have people coming to our home.Until now,I was unaware of our breakeig a law. We breed golden retrievers which brings buyers to our home to pick out their puppy and later to pick up their Guppy.To be good neighbors,we are careful to not infringe on our neighbors rights.Even thou it is our home,what we c)affects our neighbors.My husband repairs computers in our home.Occasionally someone will come to our home to K;:ck a computer up.We have remodeled our home and our barn with our home businesses in mind.Our commercia'!retail business Is on Highway 78,where it should be,in a commercial district.We have customer traffic for 10 hours .j day to the front of the store and employee parking in the back. Allowing employees to come to a residence to work is detrimental to a neighborhood.Adding employees meats a bigger company with more cars on the street.Because of our economic state,many of our homes already house mor•;people who add to the amount of cars on the street.In some neighborhoods,an additional car for an employee woute,be parked In front of someone else's home all day long.Amend the law based on the older neighborhoods,when:•even one additional car might be too much.And then allow for a variance.Individual exceptions could be granted to Ian er lot homes with more curb space or large driveways to handle an additional car.The variance could require a sma:'poll to be taken of the closest neighbors to make them aware of the additional activity in their area and to gain their api:royal. The day care mom who watches children at home,already has 3—5 cars on the street twice a day.For her to -!dd an employee so she can double the amount of children,also doubles the neighborhood traffic.She Is crossing the line to a commercial business.This is not being a good neighbor unless she has gained the approval of her neighbors and proved that to the city. Fight for the definition of residential. I urge you to restrict the vehicle parking and traffic. Protect our children who dart out between those parked cars chasing balls. Keep the neighborhoods looking green instead of a row of parked cars along both curbs. Thank you for your time to listen and consider my view. Donna R. Larson 972-442-2111 Wylie Printing&Office Supply Lone Star Golden Retrievers Wylie Printing Computer Repair Subject: regarding: in home businesses &zoning Date: Sunday, December 12, 2010 5:10:36 PM Dear Council Members, My neighbor recently attended a City Council meeting on December 7th which I was not able to attend. The discussion was regarding the zoning ordinances for home businesses in Wylie. The specifics were regarding home businesses that operate a service business from their home. As a business owner, I operate my business from my home office. I am one of thousands that do not affect my neighbors by conducting my business within the confines of my home and on my property. It is, however, a problem with service businesses that have multiple vehicles and equipment in residential areas that do not have adequate parking or storage for the vehicles or equipment. Parking these vehicles and equipment on the streets in our neighborhoods poses a problem for traffic flow. The equipment is often too large for home garages or the parking in a residential area. If a homeowner has adequate parking and lives on an acre or more, it may be feasible to park the business vehicles but the average neighborhood with 1/2 acre or smaller lots and front driveways or narrow streets poses a problem for safety. The other problem in permitting businesses with multiple vehicles that operate as a business storefront or service in a residential area is that it will drive down the already slippery home values in a neighborhood. I moved from Garland in 2005 to retreat from the traffic congestion, the drop in property values and simply because Wylie afforded an attractive hometown feel. If you go down Main Street in Garland you will see a fine example of poor zoning. For all their efforts, the downtown Garland Square is not as attractive, financially or aesthetically, as most small cities or towns in the area. I know that Wylie has invested in making the schools, downtown and the area nice and attractive for families. Wylie's small hometown beauty is something that I don't want to loose. Nor do I want to see every neighborhood block become haphazardly dotted with car lots, or repair garages with broken down cars, work vehicles and equipment that lines the streets or a business with a supply warehouse in back and multiple employees parking during the day while they work. It is not conducive for a hometown feel if the town wants to continue to attract more young couples that move to Wylie for that hometown feel and want to raise their families in neighborhoods that are family friendly. The homeowners that operate businesses in an area that have adequate space and are spread out that do not affect their neighbors probably do not receive any complaints. I hope, however, that you will consider the average neighborhood, like the one I live in when you make your decisions. It is the neighborhoods like mine that may be adversely affected by your decisions in the future. Sincerely, Cathy Morphew Heatherwood Dr. Wylie, TX 75098