01-23-2007 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, January 23, 2007 —6:00 pm
Wylie Municipal Complex— Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor
Pro Tern Carter Porter, Councilman Red Byboth, Councilman Eric Hogue, Councilman Merrill
Young, Councilman Rick White and Councilman Earl Newsom.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Julie
Fort, Representing Abernathy, Roeder, Joplin & Boyd; Finance Director, Larry Williamson;
Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; WEDC Executive Director, Sam
Satterwhite; Public Information Officer, Mark Witter; City Secretary, Carole Ehrlich, and various
support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Councilman Young gave the Invocation and Councilman White led the Pledge of Allegiance.
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.
Shari Stark residing at 426 Kylie Lane, Wylie Texas addressed Council asking that several
street lights in her area be replaced. She stated that this request had been given several times.
Mayor Mondy asked City Engineer Hoisted to look into the request (work order) and report back
to Ms. Stark the following day. Mayor Mondy informed the resident that a work order had been
completed and sent to TXU.
Minutes—January 23,2007
Wylie City Council
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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 from the January 9, 2007 Regular
Council Meeting. (C. Ehrlich, City Secretary)
B. Consider, and act upon, approval of Resolution No. 2007-04(R) ordering a General
Election to be held jointly with the Wylie Independent School District on May 12,
2007 for the purpose of electing two city council members, Places 1 and 3, to the
Wylie City Council to fill expired terms. (C. Ehrlich, City Secretary)
C. Consider, and act upon, approval of a Joint Election Agreement between the City of
Wylie and the Wylie Independent School District (WISD) to be administered by the
Collin County Elections Administration, for the May 12, 2007 General Election. (C.
Ehrlich, City Secretary)
D. Consider and place on file, the Monthly Revenue and Expenditure Reports for the
period of August 2006-December 2006. (L. Williamson, Finance Director)
E. Consider, and act upon, Resolution No. 2007-05(R) ratifying the execution of a
contract with Chase/Paymenteck by the City Manager to provide processing and
collection services for the City's credit card receivables. (L. Williamson, Finance
Director)
F. Consider, and act upon, approval of a Replat subdividing one lot into two commercial
lots for Children's Lighthouse Addition, generally located east of McCreary Road
and north of FM 544. (R. 011ie, Planning Director)
G. Consider, and act upon, approval of a Final Plat for Woodbridge Parkway R.O.W.
Dedication located within the Woodbridge North Subdivision and extending south from
Country Club Road(FM 1378)to Hooper Road. (R. 011ie, Planning Director)
Council Action
A motion was made by Councilman Hogue, seconded by Mayor Pro Tern Porter to approve the
Consent Agenda as presented. A vote was taken and passed 7-0.
REGULAR AGENDA
Public Hearings
1. Hold a Public Hearing and consider, and act upon, amending the zoning from
Agriculture (A) to Neighborhood Services (NS) District to allow for commercial
development, generally located at the southwest corner of Brown Street and
Country Club Place. ZC 2006-16(R. 011ie, Planning Director)
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Wylie City Council
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Staff Summary
Planning Director 011ie addressed Council stating that the applicant has decided not to move forward with
the request. She explained that the applicant was requesting the zoning case be withdrawn from
consideration. However, because publication and notification of the requested rezoning has been
completed in accordance with State Law, some action is required by the Council at the current meeting.
She suggested Council convene the hearing and allow any citizen comment, and then accept the
applicant's request for withdrawal. She explained that this zoning would come back revised, at a later
date.
Public Hearings
Mayor Mondv opened the Public Hearing at 6:02 p.m.
There was no one present to address Council (ZC 2006-16)
Mayor Mondv closed the Public Hearing at 6:02 p.m.
Mayor Mondy announced that a withdrawal letter had been received from the applicant asking
that Zoning Case 2006-16 be withdrawn.
Council Action
A motion was made by Councilman Byboth seconded by Councilman Newsom to accept the
withdrawal by applicant Jerry Sylo (Jones & Boyd). A vote was taken and passed 7-0.
2. Hold a Public Hearing and consider, and act upon, amending the zoning from
Agriculture (A) to Neighborhood Services (NS) District to allow for commercial
development, generally located south of Brown Street and east of Kreymer Road.
ZC 2006-17 (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the applicant has decided not to move forward with
the request, and is requesting that the zoning case be withdrawn from consideration. However, because
publication and notification of the requested rezoning has been completed in accordance with State Law,
some action is required by the Council at the current meeting. She suggested Council convene the
hearing and allow any citizen comment, and then accept the applicant's request for withdrawal.
Mayor Mondv opened the Public Hearing at 6:06 p.m.
There was no one present to address Council (ZC 2006-17)
Mayor Mondv closed the Public Hearing at 6:06 p.m.
Mayor Mondy announced that a withdrawal letter had been received from the applicant asking
that Zoning Case 2006-17 be withdrawn.
Minutes—January 23, 2007
Wylie City Council
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Council Action
A motion was made by Councilman Newsom seconded by Councilman Young to accept the
withdrawal by applicant Tim Kreymer(ZC 2006-17). A vote was taken and passed 7-0.
General Business
3. Consider, and act upon, Resolution No. 2007-06(R) endorsing the "Joint
Recommendation for Regional Rail in North Central Texas" as approved by the
Boards of Dallas Area Rapid Transit (DART), Denton County Transportation
Authority (DCTA) and the Fort Worth Transportation Authority (THE T) that
supports the concept of local option funding of public transit in the region. (M.
Manson, City Manager)
Staff Comments
City Manager Manson addressed Council stating that the Chair of the Regional Transportation Council
(RTC) contacted Mayor Mondy requesting that the City of Wylie consider the attached Resolution
supporting the "Joint Recommendation for Regional Rail in North Central Texas". The recommendation
was approved by the governing Boards of DART, DCTA, and The T in order to support a regional rail
effort and to encourage the State Legislature to pass legislation which would allow the local option of
funding public transit by exempting an amount equal to the locally authorized transit sales tax from the
2%cap in the 9 county area covered by the North Central Texas Council of Governments (NCTCOG).
Council Discussion
Mayor Mondy explained that these three entities were planning to petition the legislators to remove the
sales tax cap to allow funding for mass transit; increasing the sales tax and making it solely dedicated for
mass transportation. DART is proposing a possible 1/2 cent tax increase to be used for rail. The cities
passing this Resolution would provide the opportunity for voters to approve/disapprove the sales tax
increase. He explained that only cities approving the "Joint Recommendation" and subsequent approval
by voters would have rail stop in their communities. Those opting out of the "Joint Recommendation"
would have to travel to a city that approved the rail. He stated that all three entities (DART, DCTA, and
The T) were agreeable to move forward with proposed legislation. He explained that if you look at
estimates of population growth over the next 15 years, this computes to one more person for every
resident that currently resides in Collin County today. City Manager Manson reported that at last check on
the proposed legislation, it appeared they were leaning toward individual city elections rather than county
wide. Councilman Byboth stated, to make it clear, we tonight are only voting on the Resolution that would
allow for voters to decide the outcome of the mass transit tax. Mayor Mondy stated that was correct.
Councilman Newsom commented that he did not have a problem with the approval of the "Joint
Recommendation Resolution" as long as it was ultimately up to the voters at the municipal local level. He
further stated that he personally, was not in favor of the tax increase for rail.
Council Action
A motion was made by Mayor Pro Tem Porter seconded by Councilman Young to approve
Resolution No. 2007-06(R) endorsing the "Joint Recommendation for Regional Rail in North
Central Texas" as approved by the Boards of Dallas Area Rapid Transit (DART), Denton County
Transportation Authority (DCTA) and the Fort Worth Transportation Authority (THE T) that
supports the concept of local option funding of public transit in the region. A vote was taken and
passed 7-0.
Minutes—January 23, 2007
Wylie City Council
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4. Consider, and act upon, Ordinance No. 2007-02 granting to Atmos Energy
Corporation, a Franchise Agreement to construct, maintain, and operate pipelines
and equipment in the City of Wylie for the transportation, delivery, sale and
distribution of gas in, out of, and through the City of Wylie for all purposes and
providing for the payment of a fee or charge for the use of right of ways. (J. Butters,
Assistant City Manager)
Staff Comments
Assistant City Manager Butters addressed Council stating that the Franchise Agreement with Atmos
Energy has expired. He explained that the new proposed agreement was prepared by Attorney Julie Fort
representing the City of Wylie and Steve Mathews representing Atmos. He explained that the attached
Ordinance grants Atmos a Franchise Agreement to construct, maintain, and operate pipelines and
equipment in the City of Wylie.
Council Discussion
Mayor Mondy asked Ms. Fort what would happen if the Council did not approve the new agreement.
Attorney Fort replied that if the new agreement was not approved, the expired agreement would continue
to be honored until that time when Council did approve a new agreement. She explained that the right-of-
way was public property and utility companies petition the city for use of the public property to operate
their utilities. In exchange for this usage, the city is paid a fee from the utilities using the public right-of-
way. Generally those payments are made quarterly on the basis of the utilities' gross revenues. She
reported that the agreement had some indemnity clauses and solidifies that the utility company will follow
the City's Right-Of-Way Ordinance to insure they are a good citizen and mindful user of the City's
property. She explained that the expired agreement was for 25 years and had expired but Atmos has
continued to honor the agreement. Mayor Mondy asked who audited the franchise revenues. Attorney
Fort explained that cities could audit the utility and if it was found that the figures were incorrect by a
certain percentage, the utility company would incur the costs of the audit; however if it was found that the
revenues were correct, the city would bare the cost. Mr. Steve Mathews representing Atmos commented
that cities had audited Atmos and by average the audits went in favor of Atmos. He explained that there
were over 550 cities in Texas and there are usually one or two audits going on. Attorney Fort advised
Council that the contract percentage for right-of-way payment was 4% of total revenues. She explained
that there were also clauses in the new agreement that were protective to the interest of the City.
Councilman Young asked if there were protections for right-of-ways. Ms. Fort replied that right of way
properties were heavily regulated as to safety, structure and function thru State Law. Mayor Mondy
asked the length of this proposed agreement. Mr. Mathews replied that it was for 10 years with two 5
year extensions if agreeable by both parties. Councilman Byboth asked if the item did not specifically
state "natural" gas should that wording be changed. Attorney Fort replied that this was implied as it was
the only type of gas that could run through the utility lines.
Council Action
A motion was made by Councilman Byboth seconded by Mayor Pro Tern Porter to approve
Ordinance No. 2007-02 granting to Atmos Energy Corporation, a Franchise Agreement to
construct, maintain, and operate pipelines and equipment in the City of Wylie for the
transportation, delivery, sale and distribution of natural gas in, out of, and through the City of
Wylie for all purposes and providing for the payment of a fee or charge for the use of right of
ways. A vote was taken and passed 7-0.
Councilman Hogue left the meeting at 6:25 p.m.
Minutes—January 23, 2007
Wylie City Council
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5. Consider, and act upon, authorizing the City Manager to negotiate a two-year
agreement for Panda Cup USA 2007 and 2008. (M. Witter, Public Information
Officer)
Staff Comments
Public Information Officer Witter addressed Council stating that the City of Wylie has been approached by
Zen Sports Group LLC (Zen) to serve as a venue host for Panda Cup USA 2007 and 2008. The
proposed dates for Panda Cup USA 2007 are April 20 and 21, 2007. As you remember last year was the
inaugural year for this event. He explained that Panda Cup USA is an international soccer event
featuring professional, collegiate and competitive female soccer teams with games scheduled at venues
across Texas and Oklahoma. He stated that this agreement is an opportunity for the City to generate
revenue, such as ticket sales and sponsorships, which will offset the majority of costs for this event. He
explained to Council that communication between other entities such as the Wylie Independent School
District, Wylie Chamber of Commerce, Wylie Youth Soccer Association and the Wylie Economic
Development Corporation to spread some of the expense and make this a community event were
underway. Mr. Witter explained that, if approved, City staff will present budget amendments relating to
this event prior to the event date. He reported that there were several clubs finalizing applications to
participate in these events. There would be an opening event to include fireworks, VIP dinner to include
dignitaries from other countries and state and local officials, and the closing ceremonies.
Representatives from the Wylie Soccer Association and Zen were present to show their support for the
proposed events.
Council Discussion
Mayor Mondy asked Angela Schindler representing Zen how many teams would be participating in Wylie.
She stated that there would be approximately 300 teams but not all those teams could play in Wylie.
They would accommodate as many as possible in Wylie thru the event.
Council Action
A motion was made by Councilman Young seconded by Councilman Newsom to authorize the
City Manager to negotiate a two-year agreement for Panda Cup USA 2007 and 2008. A vote
was taken and passed 6-0 with Councilman Hogue absent.
6. Consider and place on file the Wylie Economic Development Corporation Annual
Report. (S. Satterwhite, WEDC Executive Director)
Staff Comments
Executive Director, Sam Satterwhite addressed Council stating that presented tonight is the WEDC
Annual Budget. He explained that per the WEDC By-laws, each year by January 31st, the WEDC must
present to the Wylie City Council its Annual Report. He reported that total tax revenues were up by
nineteen percent over the year before. Seventy Five percent of all expenditures were for direct or indirect
economic development programs and $25,000 was procured thru the grant process. Five hundred and
ten thousand dollars was spent on real property purchase and two hundred thousand in debt service was
paid. Two properties on Cooper Drive were purchased last year and one property in Industrial Court. All
properties purchased are excellent properties for long term redevelopment. He commented that some
improvements need to be made to enhance the attraction for retail development, such as the extension of
Country Club to S.H. 78 and the extension of McCreary to S.H. 78, being key factors to the north/west
access. He reported that there is good development opportunity at the Wal-Mart intersection near
Kreymer. He reported that EDC was beginning the construction to widen Martinez that fronts Premier
South; this is also where one of the new companies will be breaking ground within the next 90 days.
Mayor Mondy asked Mr. Satterwhite if all issues regarding the last City audit had been addressed. Mr.
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Wylie City Council
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Satterwhite replied that the Wylie Economic Development Corporation made significant strides in its
financial reporting and accountability this past fiscal year. In addition to the creation of a Financial
Standards & Accountability Policy, WEDC staff and Board members have been working to create clear
and concise financial statements. He reported that the WEDC Board is vigilant in their effort to maintain
accurate financial statements. He reported that the WEDC and Wylie Finance Department are working
together and communicating very well.
Council Action
A motion was made by Councilman Newsom, seconded by Councilman White to accept and
place on file the Wylie Economic Development Corporation Annual Report. A vote was taken
and passed 6-0 with Councilman Hogue absent.
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III,Section 13-D.
City Secretary Ehrlich read the caption to Ordinance No. 2007-02 into the official record.
Mayor Mondv convened into Executive (closed) Session at 6:40 p.m. in compliance with Section
551.001, Texas Government Code: Section 551.072 real property and Section 551.074
personnel matters as posted.
Councilman Hogue returned at 7:50 p.m.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
Section 551.072 To deliberate the purchase, exchange, lease or value of real property
generally located at:
• Located on Hensley Lane between Hooper and Sanden
Section 551.072 To deliberate the purchase, exchange, lease or value of real property
generally located at:
• Located on Alanis Drive between Ballard Avenue and FM 544
Section 551.074 Personnel Matters; Closed Meeting
• To deliberate the Evaluation of the City Manager
Mayor Mondv reconvened into Open Session at 8:25 p.m.
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session, including but not limited to:
Minutes—January 23,2007
Wylie City Council
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1. Consider, and act upon, approval of Resolution No. 2007-07(R) determining a
public necessity to acquire, by purchase or condemnation, certain property; giving
notice of an official determination to acquire property for the Hensley Lane paving
project; establishing procedures for the acquisition, by purchase or condemnation,
of property.
Council Action
A motion was made by Councilman Young, seconded by Councilman Newsom to approve
Resolution No. 2007-07(R) determining a public necessity to acquire, by purchase or
condemnation, certain property; giving notice of an official determination to acquire property for
the Hensley Lane paving project; establishing procedures for the acquisition, by purchase or
condemnation of property. A vote was taken and passed 7-0
ADJOURNMENT
Council Action
With no further business before Council, Councilman Hogue made a motion to adjourn at 8:28
p.m., with Councilman Newsom seconding the motion. Consensus of Council was to adjourn.
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Minutes—January 23, 2007
Wylie City Council
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