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12-13-2011 (City Council) Minutes Wylie City Council CITY OF WYLIE V Minutes Wylie City Council Meeting Tuesday, December 13, 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 6:05 p.m. with the following City Council • members present: Mayor Pro Tern Red Byboth, Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; City Engineer, Chris Hoisted; Library Director, Rachel Orozco; Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation, and Police Chief John Duscio led the Pledge of Allegiance. PRESENTATION • Presentation of 2°d 6 weeks Star Students: Respect (Mayor Hogue) 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." • Presentation of Mayor for the Day to Patrick Ames. (Mayor Hogue) Mayor Hogue introduced "Mayor for the Day" Patrick Ames. He explained that Patrick received this distinction by winning the silent auction for Draper Elementary. The silent auction raises Minutes December 13, 2011 Wylie City Council Page 1 funds for the PTA. Mayor for the Day Ames was sworn in by Mayor Hogue and assisted Mayor Hogue for the remainder of the meeting. • People to People Ambassador Program Report By: Emilio Ames Emilio Ames gave a short presentation regarding his experience in the People to People Ambassador Program. Emilio spoke to council about his trip to Scotland, Ireland, Wales and England through the program. He thanked the Wylie City Council and citizens who supported his goal to be part of the program and stated that the investment they made grew through the knowledge and experience he gained through the program. • 2011 WISD Student Winners of the "Light Up the Arts" Design Contest for the 2011 Wylie Arts Festival Mayor Hogue and Councilwoman/Public Arts Advisory Board member Spillyards presented certificates to the first and second place campus winners of the "Light up the Arts" design contest. Councilwoman Spillyards noted that many submissions had been received and the Public Arts Advisory Board had a difficult time selecting the winners. The winners included: Claire Mosby and Preston Fredericks as first and second runner up respectively for WISD Davis Intermediate; Sydney Hamil and Simon Ung as first and second runner up for Watkins Elementary; Sarah Fuller and Nailin Carrillo as first and second place runner up for Cooper Junior High School; Alisha Seddique and Shreya Jadav tied as first place miners from Draper Intermediate, and Alexus McKeague first place from Wylie High School. ..._. • Presentation of the new City of Wylie Police Badges by Wylie Citizens Police Academy Alumni Association. (Mayor Hogue and Police Chief Duscio) Police Chief Duscio thanked the Wylie Citizens Police Academy Alumni Association for providing the new badges explaining that this group of volunteers takes their time to assist the police department and citizens of Wylie. Kevin Fennell, president of the association presented Chief Duscio and the Wylie Police Department with new badges for each of the officers. Chief Duscio accepted the badges noting that to date there have been 166 officers killed in the line of duty, a 14% increase over last year. Duscio stated the badge means more than just a piece of tin; it is a symbol to honor for all police officers. "We are very proud to wear it". 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. Former Mayor Jim Swartz representing the Wylie Advocates for Senior Living addressed council asking the City to match a grant offered to the WASA. Swartz reported the grant match was $13,000 with 2 for 1 matching funds returned at $26,000. This grant offer will expire on December 31, 2011. Bobby Heath, president of the Downtown Merchants Association addressed council stating Minutes December 13, 2011 Wylie City Council Page 2 that the Wylie Arts Festival was faced with inclement weather the day of the event. He noted that it was a credit to staff that the event was moved inside and was so successful. All downtown merchants had a profitable day. He stated that the downtown merchants would be in favor of moving the event permanently to the FBC Events Center and Ballard Avenue. 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 November 8, 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 Report for October 31,2011. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for October 31,2011. (L. Bantz, Finance Director) D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation for October 31,2011 and November 30, 2011. (S. Satterwhite, Executive Director WEDC) E. Consider and act upon, Ordinance No. 2011-27 creating a construction work zone for traffic and temporarily reducing the rate of speed on East Brown Street from SH 78 to Stone Road. (C. Holsted, City Engineer) F. Consider, and act upon, Ordinance No. 2011-28, amending the zoning from Agricultural (A/30) to Planned Development Single Family Detached District (PD- SF) to accommodate a proposed single family residential subdivision on an approximate 36 acre tract generally located south of E. Brown Street and west of W.A. Allen Boulevard. ZC 2011-06 (R. 011ie, Planning Director) G. Consider, and act upon, Ordinance No. 2011-29, amending PD 2003-01, Section 4.06 to modify parking and landscape requirements as it relates to theater development. ZC 2011-07 (R. 011ie, Planning Director) II. Consider, and act upon, an Interlocal Agreement between Collin County and the Rita and Truett Smith Public Library for funding in the amount of$31,896.78. (R. Orozco, Library Director) I. Consider, and act upon, authorizing the City Manager to enter into an agreement for custodial services with Commercial Building Maintenance, Inc. for the provision of custodial services for City facilities. (J. Butters, Assistant City Manager) Council Action Minutes December 13, 2011 Wylie City Council Page 3 A motion was made by Councilman White, seconded by Mayor Pro Tem Byboth to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance 2007-04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage establishing regulations specifying the location of Mini-warehouse (Self-Storage) uses throughout the city. ZC2011-08 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that at the September 27, 2011 meeting, Council directed staff to pursue amending the regulation of Mini-warehouse uses within Light Industrial (LI) Districts. As adopted by Ordinance Number 2007-04 Mini-warehouse (Self Storage uses are allowed by right within the LI and Heavy Industrial zoning districts and requires an SUP within Corridor Commercial zoning districts). 011ie explained that with the abundance of mini-warehouse facilities throughout the city, staff is proposing to minimize such uses in the future. 011ie stated that although the intent of this proposed amendment is not to prevent entrepreneurship, it is to put safeguards in place that discourages an over-abundance of same type uses and prevent the likelihood of failed businesses and empty facilities. The re-use of mini-warehouse self-storage type facilities is very limited. Currently there are at least 9 actively operating mini-warehouse (Self-Storage) facilities within the 75098 zip code. These facilities are within approximately a 3 mile radius of Wylie's major intersection of S.H. 78 and F.M. 544. According to available data within the Reference USA databases there are over 130 business listings categorized as Storage-Household & Commercial, Warehouses-Commodity & Merchandise and/or Warehouses-Private& Public uses within a 10 mile radius of S.H. 78& F.M. 544. Planning Director 011ie explained that the Commission discussed and voted to recommend that Section (.WHOLESALE, DISTRIBUTION & STORAGE be amended to reflect Mini-warehouse (Self-storage) be allowed only with an SUP within Light Industrial and Heavy Industrial Districts and prohibited in all other districts. 011ie reported the Commission voted 6-0 to recommend approval of the proposed amendment. Public Hearing Mayor Hogue opened the public hearing for zoning case 2011-08 at 6:50 p.m. asking anyone present wishing to address council on this item to come forward and keep their comments to 3 minutes. No one was present to address council on this item. Mayor Hogue closed the public hearing at 6:50 p.m. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Culver to amend ... Zoning Ordinance 2007-04, Article 5, Section 5.1(I) Wholesale, Distribution & Storage Minutes December 13, 2011 Wylie City Council Page 4 establishing regulations specifying the location of Mini-warehouse (Self-Storage) uses throughout the city. (ZC2011-08) A vote was taken and the motion passed 7-0. 2. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. ZC 2011-09 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject amendment is presented in an effort to better define "Pawnshops" and where they are located throughout the City. The current ordinance does not take into account the definition as used by the Finance Code of the Texas State Statutes. Currently Pawnshops are allowed within Community Retail (CR), Commercial Corridor (CC), Light Industrial (LI), Downtown Historic(DTH)and South Ballard Overlay (SBO) Districts. 011ie reviewed the current Pawnshop definition and the recommendations to the current definition of Section F.2.F.18: Current: a. Definition: Pawn Shop means a facility for loaning money on the security of personal property and the sale of unclaimed property. a Additional Provisions:None Amended as follows: a. Definition: Pawn Shop means a facility licensed with the Consumer Credit Commissioner to loan money on the security of personal property and the sale of unclaimed property by a pawnbroker who is authorized to legally transact business in accordance with Chapter 371 of the Finance Code and as amended. e. Additional Provisions: Must be licensed in accordance with the Texas Finance Code Chapter 3'71, and as amended. Currently Pawnshops are allowed within Community Retail (CR), Commercial Corridor (CC), Light Industrial (LI), Downtown Historic(DTH) and South Ballard Overlay (SBO) Districts. In accordance with the Finance Code an original licensed pawnshop cannot be within two (2) miles from an existing licensed pawnshop. Furthermore, the relocation of a licensed pawnshop must be at least one (1) mile from an existing licensed pawnshop. 011ie reported that currently there are 2 pawnshops licensed to operate within the city of Wylie. One operating at 1000 N. Highway 78 (CC District) and the other in the process of opening at 104 S. Ballard Ave. (DTH District). According to available data within the Reference USA databases there are over 20 business listings categorized as Pawnbrokers, and/or Trading Posts within a 10 mile radius of S.H. 78& F.M. 544. Planning Director 011ie reviewed the three proposed new definitions to include Section F.2.F: 25. Antique Shop(Inside Sales) a. Definition: A retail establishment engaged in the selling of works of art, furniture, or other artifacts of an earlier period, with all sales and storage occurring inside a building. An Antique Minutes December 13, 2011 Wylie City Council Page 5 Shop is differentiated from a "Used Merchandise Store, Resale or Consignment Shop", in that it does not market common, contemporary used household goods, clothing or furnishes, rather it deals primarily in vintage and nostalgia items (generally over 50 years old) and in antiques (generally over 100 years old) from past eras. e. Additional Provisions: (1) SUP required in NS District. (2) Outside displays are permitted only in areas designated on the site plan filed with the City. (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (5) All sales and storage occurs inside. 26. Secondhand Goods a. Definition:Secondhand Goods means a facility and/or Dealer who purchases regulated property for the purpose of resale. Regulated property means any new or used: Electronic equipment; business machines; photographic equipment; power tools; musical instruments; firearms;jewelry; crafted precious metals; compact discs and cassette tapes; or Recreational sporting goods and equipment. e. Additional Provisions: All permitted districts: (1) SUP required in NS District. (2) A Secondhand facility and/or Dealer must adhere to the standards of Chapter 94 of the City Code of Ordinances and as amended. (3) Outside displays are permitted only in areas designated on the site plan filed with the City. (4) Outside placement of an item overnight is prohibited. (5) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (6) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. (7) No outdoor display may be located in any portion of a parking lot. (8) Outside sales of merchandise are prohibited. 27. Used Merchandise/Resale Shop/Consignment or Thrift Store: a. Definition: An establishment that generally markets common, contemporary used household goods, clothing or furnishings on a straight"for sale" or consignment basis. This term includes a used merchandise store that is operated by a non-profit, charitable or religious organization. e. Additional Provisions: (1) SUP required in NS District. (2) Outside displays are permitted only in areas designated on the site plan filed with the City. Minutes December 13, 2011 Wylie City Council Page 6 (3) Outdoor display areas may not exceed five percent of the primary building floor area. (Building area is defined as the entirely enclosed portion of the primary building or lease space.) (4) Outdoor display may occupy up to twenty percent of a covered sidewalk that is adjacent to the subject building. Such display shall not impede pedestrian use of the sidewalk and at least a five foot passable distance shall be maintained. 011ie reported the Commission discussed and voted to recommend that Section F.2.F.18 be amended to reflect Pawnshop be allowed only within the Light Industrial District, and prohibited in all other districts. This proposal conforms and adheres to State Regulations regarding Pawnshops and Municipal authority. It was further decided that new uses be added to the Retail category to put in place safeguards to better define and separate antique shops, secondhand goods and used merchandise/resale shops from general merchandise uses. Text Amendments are only required to be notified 15 days prior to the public hearing in the official newspaper of the City. She noted this requirement has been met. 011ie reported the Commission voted 6-0 to recommend approval of the proposed amendment. Public Hearing Mayor Hogue opened the public hearing for zoning case (2011-09) at 7:05 p.m. asking anyone present wishing to address council on this item to come forward and keep their comments to 3 minutes. No one was present to address council on this item. Mayor Hogue closed the public hearing at 7:05 p.m. Council Comments Councilman Jones asked if car title establishments were included. Planning Director 011ie replied that they were not but were included under alternative financial institutions. The pawnshop category is truly pawnshops licensed by the state. The city will require a copy of the current license from the state. Councilwoman Culver asked Ms. 011ie if the city had any current pawnshops that were not licensed. Ms. 011ie reported that current pawnshops were licensed. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Culver to approve amending Zoning Ordinance 2006-04, Article 5, Sections 5.1.F and 5.2.F (Retail, Personal Services & Commercial), as it pertains to permitted uses in Non-Residential Districts. (ZC 2011-09) A vote was taken and the motion passed 7-0. 3. Hold a Public Hearing and consider, and act upon, amending the zoning from Commercial Corridor (CC) & Business Government (BG) District to Planned Development-Commercial Corridor (PD-CC) District located on the southwest corner of F.M. 544 and Sanden Boulevard. ZC 2011-10 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject property is located at the southwest Minutes December 13, 2011 Wylie City Council Page 7 corner of FM 544 and Sanden Boulevard. Consisting of three undeveloped separate tracts totaling approximately 33 acres, all but four acres are currently zoned Commercial Corridor(CC). The remaining four acres abutting F.M. 544 are zoned Business Government(BG). 011ie explained the property was located southwest of F.M. 544 and Sanden Boulevard intersection, the vacant 33 acre property abuts both roadways. Bayco Industries is immediately to the south, and is zoned LI and being used for industrial, light manufacturing and storage uses. Sanden Corporation, an industrial manufacturing & assembly campus is located to the east across Sanden Boulevard, and zoned Light Industrial. Property immediately to the west is WISD's practice fields(Wylie High School). The applicant is requesting to rezone the property to Planned Development-Commercial Corridor (CC) District to allow for a medical office campus. The initial phase (northwest of the natural channel) will consist of a two-story, 51,878 square foot medical facility providing 24-hour emergency medical care, medical care specialties and auxiliary medical offices. Subsequent phases are shown as concept only and all final site plans shall require Planning &Zoning Commission approval. The design of the building does conform to the zoning ordinance and the surrounding areas. The requested parking spaces are 9 X 18 ft. rather than the 10 X 20 ft. called out by the zoning ordinance. The commission discussed the medical facility would not have the traffic of other facilities much like the theatre approved previously. WEDC Director Sam Satterwhite addressed council stating that PM Realty identified Wylie as a region they needed to be in. Twelve months ago PM Realty came to WEDC and started discussing this project. Satterwhite stated that in his opinion, this is the best use of the property. PM Realty asked for 6 provisions which include underground utilities, signage, construction materials, size of parking spaces, median improvements and thoroughfare impact fees. He stated that the median, fees, and utilities would be discussed in a later agenda item. He noted that this was an important development by itself, but the _ key was the future commercial opportunites created to the west, east and north which create the long term benefit. Applicant Comments Applicant Kerry Burdon representing P.M. Realty Group addressed council stating that the facilities in the surrounding areas had expanded quickly. He explained that the current market did not allow for a hospital at this time but what this facility would provide is a full service emergency room that can provide trauma care to stabilize patients to be transported to a major hospital and will provide stroke care to patients within the area. Mr. Burdon explained the goal of the company is to expand this facility into a full scale medical facility. He noted that this is only the first phase of this goal. Public Hearing Mayor Hogue opened the public hearing for zoning case (2011-010) at 7:15 p.m. asking anyone present wishing to address council on this item to come forward and keep their comments to 3 minutes. With no one wishing to speak, Mayor Hogue closed the public hearing at 7:15 p.m. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilwoman Spillyards to approve amending the zoning from Commercial Corridor (CC) & Business Government (BG) District to Planned Development-Commercial Corridor (PD-CC) District located on the southwest corner of F.M. 544 and Sanden Boulevard. (ZC 2011-10) A vote was taken and the motion passed 7-0. Minutes December 13, 2011 Wylie City Council Page 8 General Business Tabled from 10-25-2011 Motion to remove from the table and: Council Action A motion was made by Councilman White, seconded by Councilman Jones to remove Item#4 from the table and consider. A vote was taken and the motion passed 7-0. 4. Consider and act upon the acceptance of the withdrawal of a request by Skorburg Company to construct an estate residential street section on portions of the Braddock Place property that serve lots with square footage equal to or larger than 16,000 square feet. Staff Comments City Engineer Hoisted addressed council stating that on October 25, 2011 the Wylie City Council tabled this item to receive additional information regarding the request and other issues. The applicant has asked that this request be withdrawn. He noted that Skorburg will be submitting a preliminary plat for Phase II that fits within the existing PD and will be presented to council in a future agenda item. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to accept the withdrawal by Skorburg of the request to construct an estate residential street section on portions of the Braddock Place Property that serve lots with square footage equal to or larger than 16,000 square feet. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, approval of a Retail Development Agreement between the City of Wylie and B & B Theatres Operating Company, Inc. (S. Satterwhite, Executive Director WEDC) Staff Comments VVEDC Executive Director Satterwhite addressed council stating that this is a very exciting project. B&B Theatres proposes purchasing a 10.8 tract from the Herzog Development Corporation and the construction of a 57,787 square foot, 12-screen all digital theatre. The facility will be located near the southwest corner of F.M. 544 and Woodbridge Parkway. B&B will close on the tract on or before March 31, 2012 with construction to be completed on or before December 31, 2013. Satterwhite explained that the WEDC has designed a $600,000 incentive package which is a combination of$225,000 in infrastructure assistance and up to $375,000 in sales tax reimbursements. Through the attached Retail Development Agreement and a WEDC Performance Agreement both the City of Wylie and WEDC will each be reimbursing to B&B an amount equivalent to 'A cent of the sales tax generated from the project which is collected by the City on retail sales for a period of 5 years. Upon issuance of a certificate of occupancy, the WEDC will be funding a $100,000 grant for qualified infrastructure assistance along with $25,000 per year for 5 years thereafter. In order to receive any or all public assistance, B&B must comply with all terms of the Retail Development Agreement and the WEDC Performance Agreement. Minutes December 13, 2011 Wylie City Council Page 9 Satterwhite explained that based upon estimates for property taxes generated to the City and WISD, and sales taxes generated by the City general fund and 4B Corporation, the return on investment will be 1.5 years. He noted that the City is only committing '/ cent of its 1 cent sales tax attributed to general fund collections and that no reductions in development fees are being contemplated. Satterwhite noted that the Retail Development Agreement placed before you has amended the square footage requirement to 56,000 square feet and language in Section 2 reflects a combined economic incentive of$600,000 and deleting the reference to Exhibit C. He requested these items be included in the motion if approved. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Goss to approve a Retail Development Agreement between the City of Wylie and B & B Theatres Operating Company, Inc. amending the square footage requirement in Section 1 to 56,000 square feet, amending language in Section 2 of the Agreement to reflect a combined economic incentive of $600,000, and further amending and deleting the reference to Exhibit C. A vote was taken and the motion passed 7-0. 6. Consider and act upon approval of an Impact Fee Agreement between the City of Wylie and PM Realty Group. (S. Satterwhite, Executive Director WEDC) Staff Comments WEDC Executive Director Satterwhite addressed council stating that PM Realty Group proposes the construction of a 51,878 square foot medical office building. The estimated investment in the land, real property improvements, and personal property is $9.1 million. The Wylie community has been asked to fund improvements to the median on F.M. 544 providing west bound traffic direct access to the site, bury overhead lines fronting the PM Realty site, and reduce the thoroughfare impact fees attributed to the new construction. Satterwhite explained through a Performance Agreement with the PM Realty, the Wylie Economic Development Corporation (WEDC) will fund all improvements to the median. Engineering has been quoted at $14,000 with construction estimated at $109,835. The WEDC has expanded the scope of the design and construction to accommodate an east bound turn lane into the 19 acre tract owned by the City of Wylie directly across from the PM Realty site. Satterwhite stated the WEDC is currently negotiating with Oncor Electric for the burial of overhead lines adjacent to the PM site. It is the WEDC's intent to bury all lines from Sanden Boulevard to Muddy Creek but it may be cost prohibitive to do so. The current estimate for burial is$289,000 for Oncor lines alone with Time Warner estimates not available at this time. Discussions are currently taking place with Oncor which may greatly reduce the WEDC's financial outlay or provide a funding scenario which extends the time frame for payment. The proposed Impact Fee Agreement reduces the Thoroughfare Impact Fees from $234,147.80 to $40,000. Based upon a $9.1 million investment, estimated property taxes paid to the City of Wylie and WISD, and the above improvements/reduced Thoroughfare Impact Fees, the return on investment to the community is 4.4 years. This figure does not reflect the impact to sales tax from employees and customers or to the housing market. Further, the calculation only factors in the current investment and not the ancillary development to the east and west of the PM site, nor its impact on the City of Wylie commercial property to the north. --� Minutes December 13, 2011 Wylie City Council Page 10 Satterwhite reviewed amendments to the agreement which were placed before council. These included amending the acreage acquired by PM Realty from 3.33 acres to 3.59 acres and further amending the City of Wylie representative authorized to execute the agreement to Mayor Eric Hogue. Council Action A motion was made by Councilwoman Spillyards, seconded by Mayor Pro Tern Byboth to approve an Impact Fee Agreement between the City of Wylie and PM Realty Group, LP, amending the acreage being acquired by PM Realty from 3.33 acres to 3.59 acres, and further amending the City of Wylie representative authorized to execute the Agreement to Mayor Eric Hogue. A vote was taken and the motion passed 7-0. WORK SESSION • Presentation of funding issues surrounding the extension of Woodbridge Parkway. VVEDC Executive Director Satterwhite addressed council stating that for the past six months the City Engineer has been involved in negotiations between the cities of Sachse and Wylie, Herzog Development Corporation, and Collin County for the extension of Woodbridge Parkway from Hensley Lane in Wylie to State Highway 78 in Sachse. The contemplated 4-lane design also includes the construction of a bridge adjacent to North Texas Municipal Water District (NTMWD) property. Several commercial projects in Wylie and Sachse have accelerated the need for the extension and have prompted Collin County officials to take a more active role in the project. The bridge over Maxwell Creek (Hooper Road) was originally included in the 2003 Collin County Bond program. The bridge was estimated to be 150' long and the project cost was estimated at$1,138,500 with the County funding half of the project($569,500) and the Cities of Sachse and Wylie funding 25% of the project ($284,625 each). The City of Wylie contracted with Kimley-Horn and Associates for the design of the project which was funded by Collin County. Satterwhite explained that various alignments for the bridge and roadway were considered before the current alignment was recommended. The factors considered in determining the alignment were the location with respect to adjacent property owners, the location of the NTMWD landfill, approval from the National Resource Conservation Service, approval from FEMA, and approval from the Army Corps of Engineers. He noted the city is still waiting on final approval from the Corps but expect it within the next 60 days. While in 2003 it was originally estimated that the bridge improvements were 50% in Wylie and 50% in Sachse, the above factors caused the bridge to be located 27% in Wylie and 73% in Sachse. WEDC staff is proposing joint funding of the project with the WEDC taking the lead in financing the project and the City of Wylie contributing as thoroughfare impact fees are accumulated in the west zone. Assuming the County's participation at 50%, the WEDC could finance $2 million over 10 years. With an estimated $700,000 collected in thoroughfare impact fees for two active projects on Woodbridge Parkway, the City Council could choose to commit $350,000 initially to the construction project and immediately reduce the debt load on the WEDC. Staff references only 50% of the anticipated thoroughfare impact fees because the balance is committed to Herzog Development Corporation via a previous Reimbursement Agreement. Minutes December 13, 2011 Wylie City Council Page 11 Staff also proposes that all future thoroughfare impact fees generated along Woodbridge Parkway be dedicated to WEDC debt reduction. Satterwhite explained that the WEDC Board of Directors met on 12-9-11 with unanimous support for WEDC funding of the proposed Woodbridge Parkway improvements and the development of an interlocal funding agreement. Satterwhite asked for direction from council. Direction from council was to continue to research funding options including the contribution by Collin County and report back to council. • Library Department Overview. Library Director Orozco gave a short overview of the Smith Public Library. She provided an organizational chart and explained the individual library services and employees that provided those services. Orozco presented programs that were provided for adults, teens and children arid displayed a video of some of the staff providing the weekly story time and other programs. Mayor Hogue convened into Executive Session at 9:00 p.m. reading aloud the exceptions below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §551.071 Consultation with Attorney; Closed Meeting Meeting with City Attorney regarding a matter(s) in which the duty of the City Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas conflict with the Open Meetings Act and for which the City seeks advice regarding the following pending litigation: Cause No. 366-01521-2011; Wylie Economic Development Corporation vs. Sanden International(U.S.A.), Inc. §551.087 (Economic Development) ; Closed Meeting of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act): consideration of issues surrounding an incentive agreement between the Wylie Economic Development Corporation and Clark Street Development. Mayor Hogue reconvened into Open Session at 9:50 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. No action was taken as a result of Executive Sessions. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No.'s 2011-27, 2011-28, and 2011-29 into the official record. Minutes December 13, 2011 Wylie City Council Page 12 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 9:55 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, 11 yor ATTEST: I_IT. 7:4 4hrlici `1� ' ,,••1887• • err(WOO Minutes December 13, 2011 Wylie City Council Page 13