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07-10-2007 (City Council) Agenda Packet Wylie City Council CITY:F WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, July 10, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North John Mondy Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Merrill Young 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.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wvlietexas.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 PRESENTATIONS • Presentation to Outgoing 2006-2007 Boards and Commission Members. (J. Mondy, Mayor) ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED AND REAPPOINTED BOARD AND COMMISSION MEMBERS • Administered by Judge Terry Douglas. July 10,2007 Wylie City Council Regular Meeting Agenda Page 2 of 4 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. 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. Approval of the Minutes from the June 21, 2007 Joint Meeting of the City Council and WEDC and the June 26, 2007 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of May 31, 2007. (S. Satterwhite, Executive Director, WEDC) C. Consider, and act upon, Ordinance No. 2007-20 amending City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 9 (Nonconforming Uses and Structures) setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. (R. 011ie, Planning Director) D. Consider, and act upon, Ordinance No. 2007-21 amending Article II of Subdivision Regulation Ordinance No. 2003-03, by adding Section 2.12 establishing regulations regarding the abandonment of Right-Of-Way. (R. 011ie, Planning Director) REGULAR AGENDA Public Hearing Tabled Item from June 26, 2007 1. (MOTION TO REMOVE FROM TABLE) Continue a Public Hearing and consider amending Zoning Ordinance No. 2003-25, Section 2.5.4 (Accessory Buildings). (R. 011ie, Planning Director) Executive Summary After careful review and consideration, staff has determined that the current accessory building ordinance (Section 2.5.4)is obsolete.Over the past three years numerous cases have come before the ZBA requesting variances to the ordinance for accessory buildings. In a vast majority of these cases the requests were granted. The current ordinance does not take into consideration the widely varying lot sizes and neighborhoods that accessory buildings are placed on. In addition, the current ordinance is outdated in regards to the various types of acceptable building materials that can be used for accessory buildings. Planning and Zoning Commission voted 3-2 to approve the proposed amendment as written with clarification that no pressure treated wood is permitted(the building must be prefinished and prefabricated), and that all accessory structures 100 square feet or greater be built on cinder blocks or on a concrete base subflooring. July 10,2007 Wylie City Council Regular Meeting Agenda Page 3 of 4 General Business 2. Consider, and act upon, a Policy to support the Neighborhood A.C.T.I.O.N. Plan as a tool to maintain and preserve the quality of older neighborhoods throughout the city. (R 011ie, Planning Director) Executive Summary The development of Accountable Communities Through Involvement of Neighborhoods (A.C.T.I.O.N.) will be the tool for each resident and stakeholder to work together towards greatly improving the quality of life for all residents of Wylie. By creating a forum for citizen involvement in addressing the community's issues through the Neighborhood A.C.T.I.O.N. Plan, we promote creative problem solving and a spirit of teamwork between the residents in the community and the city. This program encourages community defined plans using a city-guided program. 3. Consider, and act upon, Ordinance No. 2007-22 granting a Franchise Agreement with Farmers Electric Cooperative(FEC). (J. Butters, Assistant City Manager) Executive Summary The franchise agreement with Farmers Electric has expired. The proposed agreement is the same terms as the franchise agreement,recently signed,between the City of Wylie and Atmos(now Oncor). READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section I3-D. WORK SESSION • Discussion regarding the lifting of water restrictions and the implementation of a Conservation Plan. (M. Manson, City Manager) • Discussion regarding an Interlocal Cooperation Agreement between the City of Wylie and the Wylie Independent School District for improvements to Hooper Road, construction of Hensley Lane and construction of parking at Founders Park. (J. Butters, Assistant City Manager) RECONVENE INTO OPEN SESSION Take any action as a result from Work Session, including but not limited to: 1. Consider, and act upon, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Wylie and the Wylie Independent School District for improvements to Hooper Road, construction of Hensley Lane, and construction of parking at Founders Park. (J. Butters, Assistant City Manager) Executive Summary The District has placed $519,686.00 in escrow for the construction of Hensley Lane. The district has previously agreed to pay one-half of the cost of the construction of the Parking for Founders Park. If the District's cost of construction of Hensley Lane is great than the sum of the money held in escrow and the cost of one half the parking at Founders,the City will pay the difference to the District via credits for future impact fees. July 10,2007 Wylie City Council Regular Meeting Agenda Page 4 of 4 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 6th day of July, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Gover n, Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted t%45 pit}jIf �ilie website: WWII,.wvlietexas.gov. SEAL .. • atk--- 744-2 CaItICitySecretary '. �L '•••••••• S / Date NoticeRemoved ''',i,,4 1E�T E1•1\0%N. Wylie City Council & Wylie Economic Development Corporation Board (WEDC) CITY OF WYLIE Minutes Joint Meeting Wylie City Council & Wylie Economic Development Corporation Board (WEDC) Thursday, June 21, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Mayor Mondy called the City Council to order at 6:03 p.m. Council members present were: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman Merrill Young, and Councilman David Goss (arrived at 6:08 p.m.). Councilman Rick White was absent. City Staff present were: Planning Director, Renae' 011ie; City Secretary Carole Ehrlich, and support staff. WEDC Vice Chairman Merrill Young called the WEDC Board to order at 6:04 p.m. Board members present were: John Yeager, Marvin Fuller (arrived 6:06 p.m.) and Chris Seely. WEDC Staff present were: Executive Director Sam Satterwhite and Administrative Assistant Gerry Harris. PRESENTATIONS & DISCUSSION • Presentation by T.I.P. Strategies,Incorporation of assessment findings and to receive direction from City Council and/or Wylie Economic Development Board of Directors. WEDC Executive Director Satterwhite thanked everyone for coming and introduced Ms. Karen Beard. He explained that Mr. Tom Stellman, President and CEO of T.I.P. Strategies, Inc. had a family emergency and was unable to attend. Ms. Beard reviewed some of the statistics and group analysis that had been completed since the January 18, 2007 and April 4, 2007 Joint Meetings. She explained that the next step was the "Opportunity Phase"; to apply the statistical information provided and determine a "Vision" for Wylie. Some of the areas that might be Minutes—June 21, 2007 Special Called Joint Meeting WEDC and the Wylie City Council Page 1 incorporated would be: a destination for a combination of small town charm and urban amenities including employment opportunities, access to education, diverse housing options, and unique retail and recreation. She summarized Goal #1 as: marketing the image with a campaign; both internal and external, high-impact initiatives, target industry recruitment and business retention and expansion. Once the "Vision"was determined and Goal #1 was completed, Goal #2 "High Impact Initiatives" would be determined. Some of the strategies discussed within Goal #2 were: development along the shores of Lake Lavon, development of the Kansas City Southern Tract, leveraging development around the New Town Center, renewal of the downtown planning effort, leveraging the proposed sports complex, expansion around the old hospital site, and F.M.205/S.H.78 Corridor development. She asked the group to look at the initiatives/strategies in terms of feasibility, desirability and high to low impact on the community. She commented that out of these strategies, the firm's desire was for the group to determine which strategies were most important to the City and the "Vision" and divide them into tiers; for both long term and short term goals. Ms. Beard gave some suggestions of possible action for each strategy and solicited input from the group. Goal #3 was to target industry recruitment that was most suitable for the City. Some of the targets included were: Industry, Retail, Integrated Building Systems, Data Centers, Health Services, Specialty logistics, and Professional services. She emphasized some of the processes in the target industry recruitment as building awareness of Wylie among decision makers, brokers and developers, and site selection consultants. Finally, Goal #4 was the strategy to retain current business and encourage expansion. She presented the idea of formalizing business retention and expansion programs that network opportunities for local business owners and provide technical support for local businesses; this will put a rapid response in place to deal with business closures and layoffs. She suggested fostering entrepreneurship and innovation among area businesses and residents as another creative way to encourage expansion. Ms. Beard suggested reviewing the city permitting process to take a "one stop" approach and/or single point of contact to expedite the process. In closing, Ms. Beard recapped the next steps in the strategic plan. She explained that the firm will take the enhanced vision and strategies based on input from the steering committee and staff and prepare a final draft with implementation schedules, and will present this final presentation to the group. Ms. Beard thanked the Wylie City Council, WEDC Board members, and staff for their time and input. ADJOURNMENT With no further business, Mayor Mondy adjourned the City Council Joint Meeting at 9:17 p.m. WEDC President Marvin Fuller adjourned the WEDC Board Joint Meeting at 9:18 p.m. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—June 21, 2007 Special Called Joint Meeting WEDC and the Wylie City Council Page 2 • Neighborhood A.C.T.I.O.N Plan Accountable Communities Through Involvement Of Neighborhoods CITY OF WYLIE Planning Department City of Wylie, 2000 Hwy 78 N,Wylie,Texas 75098 (972)442-8158 . 'F•, Economic development plan �.4 { J Wylie Economic Development Corporation Opportunity Meeting --,; June 21, 2007 Tom Steliman -TIP Strategies il T • I P STRATEGIES � Agenda j 1 . Introduction 2. Scope of workAir 3. Goals & strategies 4. Implementation discussion 5. Questions & discussion Or I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY ,fro-",,,,,, , ,,, _ ■ I «f TIP Strategies, Inc. .a, _,,,,s..,...,-- f' TIP is an economic development consulting firm based in Austin, Texas. Our services include: — Strategic planning Target sector analysis g � — Tar — Marketing — Site selection — Economic impact analysis 'm r , -PAT F.p I F S DRAFT—FOR DISCUSSION PURPOSES ONLY Representative Clients Suburban Metro Areas & Regions • Austin area • City of Dallas ``1 - Round Rock • City of Houston - Georgetown - - Cedar Park • Envision Central Texas %' • Dallas Metroplex • Southwest Mississippi - Rowlett • Chicago-Milwaukee Corridor - Denton • Richmond,VA `. - Benbrook Terrell • Jackson County, IL • Houston area • Jefferson Parish, LA Conroe • San Antonio EDF _!- - League City • State of Texas - Pearland • Northern Ireland, UK • Rosenberg Northfield, MN • The Netherlands • Watsonville, CA P STRATEGIES DRAFT—FOR DISCUSSION PURPOSES ONLY z Yy SCOPE OF WORK .� Or P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Scope of Work r DISCOVERY PHASE (Assessment) — Economic base analysis — Cluster & target industry analysis — Facilities & sites — Benchmarking — Input r OPPORTUNITY PHASE — Vision — Strategies IMPLEMENTATION PHASE — Implementation plan T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY \, I HIGHLIGHTS: ECONOMIC 4„ a ASSESSMENT , 13 c? r T I P S T P A T E G I E S DRAFT-FOR DISCUSSION PURPOSES ONLY DALLAS-FORT WORTH I, 40-year population projections k? \\ population (millions) 7 20 r r--r r -r r r - -r r —Slow growth r The Texas State Data 18 r--r--r--r--r--r--r--r--r-- scenario(no Center prepares three I 1 1 1 1 I I I 1 migration) primary sets of 16 r--+---r--r--r--r--r--r-- - ..�. I 1 1 1 1 1 1 1 / population projections 14 1---1---L--1---L--1---1--- -- --Moderate growth to model stow, 12 L.__I __I __I___1 —__L__ �L�/1___ scenario(half of moderate,and fast- 1990s migration) growth scenarios. Since 10 1 1 1 I I I I - 2000,the population °� v growth of the Dallas-Fort 1 1 1 !1 1 1 —Fastgrowth 8 1 1 �1 I I I scenario(same Worth area has been 6 1 - - I pace as 1990s following a trajectory I I I I m I , I 'gradon) that is closest to the 4 Ir r—r r—r r r —Current trend fast-growth scenario. 1 1 1 1 I I 1 , 1 i - 2 r--r--r--r- ----r--r--- - -r- -I (same pace as I I I I 1 1 I I 1 I 2000-2004 0 - - - migraton) 2000 2005 2010 2015 2020 2025 2030 2035 2040 T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Se. :Texas State Data Center Wylie Population Growth Y< k� City of Wylie Year Population f` 2006 33,000 2005 29,800 _,c 2004 26,150 Nearly 100%growth experienced �' 2003 21,173 last 5 years 2002 18,350 J 2001 16,711 SOURCE:City of Wylie r 1 r, T rP A T E G i E', DRAFT—FOR DISCUSSION PURPOSES ONLY ECONOMIC TRENDS City of Wylie Forecast, 2000 to 2030 Year Total Population Total Households Total Jobs 2000 15,016 IIIM 5,085■ 5,144■ 2005 23,859 MM. 8,107 I= 5,894. • 2010 30,676 10,466 MI 6,586 2015 35,031 12,005 7,180 om 2020 40,324 13,821 8,659 2025 42,484- 14,557 NMI 9,960 2030 45,625 15,629 10,140I♦ Period Population Growth(%) HH Growth(%) Job Growth(%) o"' 2000-2005 +59% +59% +15% 2005-2010 +29%MM. +29%- +12% 2010-2015 +14%NM +15%ME +9% 2015-2020 +15%NM +15%SIM +21%I♦ 2020-2025 +5%• +5%• +15%1111. 2025-2030 +7% - +7%MI +2%1 SOURCE: North Central Texas Council of Governments I F. STPATEGIES DRAFT—FOR DISCUSSION PURPOSES ONLY ECONOMIC TRENDS , ' ':k' Economic Sector Concentrations For =` Collin County NAICS Economic Sector Employment LQ 82 Government 29,383111111101NIMIIM 0.97I= 44-45 Retail 28,365- 1.34 MEI 31-33 Manufacturing 19,636=IM _ 0.97 MN 72 Accomodation&Food Services 17,1251111 1.16 62 Health&Social Services 15,54811M111 0.78 52 Finance&Insurance 12,441 1.48 51 Information 11,21111111111 2.52 IIIIMIIIION 23 Construction 9,050=I 0.93 54 Professional&Technical Services 7,856E01 0.83 r a 56 Administrative Services _ 7,053= 0.62 III 42 Wholesale 6,529= 0.82 81 Personal Services 6,210= 0.82 \- 53 Real Estate&Leasing 5,8951 2.01 NM= i 71 Arts,Recreation,&Entertainment 2,623■ Loa MINI 61 Educational Services 1,8081 0.47 55 Headquarters&Regional Offices 1,5591 0.66 MI 48-49 Transportation&Warehousing 1,4991 0.25■ 21 Oil,Gas,&Mining 3011 0.41■ 22 Utilities 2841 _ 0.35■ SOURCE: U.S.Bureau of Labor Statistics r I P s T P AI T E G I E S DRAFT—FOR DISCUSSION PURPOSES ONLY ECONOMIC TRENDS yr Percent of Total Establishments: 75098 ZIP Code' Percent of total establishments in ZIP Code ""\; Construction 19% Professional,scientific&technical services 11% Other services(except public administration) 10% Retail trade 9% Manufacturing 9% Admin,support,waste mgt,remediation services 9% , Health care and social assistance -6% Accommodation&food services -6% Wholesale trade -5% Finance&insurance -5% Real estate&rental&leasing -5% Transportation&warehousing _2% Arts,entertainment&recreation I.2% Information 1.1% Educational services •1% Other In 1% SOURCE U.S.Census Bureau ES ONLY v DALLAS-FORT WORTH Taxable retail sales base & growth II - •ct. hg, Ill- 115 Deltas _ 821,432 -14% Tort Worth 56,92 Plano I + 1•0 7 Of the 35largest cities Irving $4,582 -8% in the Metroplex,Wylie Arlington 53,320 -7% had the smallest retail Richardson $2,156 +18% Carrollton $1,670 +7% II sales tax base in 2005. Hurst $1,605 +137% Garland 51,580 -2% Grapevine $1,515 + On the flipside,though, Lewisville 51,513 -1% Wylie's base has Mesquite 51,464 -2% expanded by 179%(in Fnsco 51,305 +191% Grand Prone 51,288 -0% current dollars)in the Denton 51,076 +20% past five years. Frisco McKinney $847 +66% MI is the only other -16% Co h Richland Hills $639ppell 614 +158% community in the " s Allen 5598 +63°, IMMI Metroplex with faster '' 'atom ity I + '• growth in its sales tax Cedar Hill $432 +144% Rockwall 542i +22% base. , Mansfield 5416 +104% Euless 53871 +36% Burleson 5369 +56% SOURCE.Texas Comptroller of Flower Mound $346 +70% p Rowlett 5335 +138% Public Accounts Clebume 5312 +16% Bedford 5284 -6% NOTE:2000-2005 percent change is Duncanville 5261 -7% in current dollars (i.e.,not inflation- Keller 5222 +103% adjusted) De Soto 5186 -18% ad1 ) the Colony 51791 +41% � Lancaster 51691 -39% 111 r i ;' STPATEGIE'Wylie - 51411 +179% _ J Wylie Sales Tax Revenues Year Amount `� FY2OO5-06 $4.37 million FY2OO4-05 $3.45 million FY2003-04 $2.72 million ` FY2OO2-03 $1 .97 million l SOURCE.City of Wylie Fast Facts,2007 0, 1 P STRATEGIES DRAFT—FOR DISCUSSION PURPOSES ONLY State of the City 2007 %yh Assessed Vales (Residential &Commercial/Industrial) Assessed Value Comparison by Residential&Commercial/Industrial 2000 2 Comm/Ind Comm/Ind Co 21% 32% Residential Residential 68% 79% Total. $689 million Total: S1.94 billion Residential: $468 million Residential: $1.54 billion Commercial/Industrial: $219 million Commercial/Industrial: $400 million Or I P STRATEGIES DRAFT—FOR DISCUSSION PURPOSES ONLY C ` HIGHLIGHTS: RETAIL ANALYSIS r I P STRATEGIES DRAFT—FOR DISCUSSION PURPOSES ONLY Wylie Primary Retail Trade Area Map , i . / I WYLI E '*- / 1 G TheRetailCoach Or I P STRATEGIES DRAFT Retail Recruitment&Development Strategies „LY Wylie Primary Retail Trade Area o,. ,— Demographic Summary (2006) Retail Trade Area Population 61,818 Average Household Income $78,700 Per Capita Income $27,194 Population by Race/Ethnicity White 83.36% Black or African American 5.10% Hispanic Origin 13.39% Median Age 34.36 TheRetailCoach: Retail Recruitment&Development Strategies I P STRATEGIES DRAFT—FOR DISCUSSION PURPOSES ONLY eeto Wylie, Texas - Retail Gaps Wylie is leakingapproximately � , i. $69119521000 in retail sales — primarily to Garland and Plano. SIC Retail Sector Surplus/Leakage 551 New and Used Car Dealers ($152,016,100) 5812 Eating Places ($95,999,620) 53 General Merchandise Stores ($70,349,980) 573 Radio, TV, and Computer Stores ($64,860,770)p .�. 541 Grocery Stores ($36,884,180) TheRetailCoach Retail Recruitment&Development Strategies r i P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Existing Retailers & Restaurants }' „.,,..... .!:,-,..-:-.A... Existing Retailers and Restaurants in the \ Wylie, Texas Community include: :•. Business Name: ALBERTSO N'S FOOD CENTERS Business Name: CVS PHARMACY a bta Address: 921 S WESTGATE WAY Address: 750 W FM 544 1 'r City: Wylie City: Wylie 14.f ` State: Texas State: Texas ' s'• ZIP: 75098 ZIP: 75098 , .,' Phone: 972-429-7840 Phone: 972-429-7656 . Contact: DIANNE SHERIDAN Contact: RICHARD GALLIMORE Manager Title: Manager s SIC Code: 541100 SIC Code: 591200 .,. SIC Description: Grocery Stores SIC Description: Drug,Proprietary Str Business Name: CHILI'S GRILL&BAR Business Name: DOLLAR GENERAL STORE Address: 1600E FM 544 Address: 421 N HIGHWAY 78 ;` City: Wylie City: Wylie State: Texas State: Texas ZIP: 75098 ZIP: 75098 Phone: 972-442-5551 Phone: 972-429-0727 Title: Unknown Contact: BILL COBB SIC Code: 581260 Title: Manager == SIC Description: Cafe/Diner/Family Rest SIC Code: 531100 SIC Description: Department Stores - TheRetailCoach ? I P STRATEGIES DRAFT• Retail Recruitment&Development Strategies . Retail & Restaurant Targets We targeted 40 retailers and restaurants for Wylie. Examples of retailers: Applebee's Circuit City Office Depot Jill Holdridge Chris Stamets Rosalie Ferran ": 11098 Downbrook Drive 2525 East Camelback Road 1000 West Airport Freeway Frisco,TX 75304 Suite 625 Irving,TX 75062 jill.holdridge@applebees.com Phoenix,AZ 85016 rosalie.ferran@officedepot.com •" 214-551-0763 cstamets@w-retail.com 972-445-1267 x115 602-778-3747 Bed Bath&Beyond GNC Ralph Czitrom650 Liberty Ave Sharon Biles-Sabre Properties Union,NJ 07083-8107 300 6th Avenue ralph.czitrom@bedbath.com Pittsburgh,PA 15222 908-688-0888 x4567 sabreproperties@evl.net 713-524-4646 TheRetailCoach Retail Recruitment&Development Strategies LY Or I P STRATEGIES DRAFT ane`' INPUT & SWOT r4=-, r I P STRATEGIES DRAFT—FOR DISCUSSION PURPOSES ONLY Community input • January 18, 2007 Kick-off meeting SWOT discussion • 7 focus groups (major employers, downtown merchants, local developer) • Interviews with city planning department and Wylie ISD Superintendent • Project website survey • April 4, 2007 planning workshop (assessment findings, retail trade, and preliminary vision and strategies discussion) Or I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY SWOT Analysis . • Strengths • Weaknesses • Opportunities • Threats I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Strengths � ' ' • Proximity to DFW • Downtown ownership \ ' • Young population • Low crime rate ;I • Future disposable • Water delivery income system • School district • Collaborative (safety) leadership • Road system • Incentives for retail • Cost of living projects • Proximity to 190 • Consumer base • Average income • Local industrial base T.I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Weaknesses `$ • Proximity to Dallas • Dependence on neighboring • Young population communities investment in • Retail competition transportation infrastructure (Firewheel) • Lack of local higher • Don't market lake education sufficiently • High percentage of land not on tax roll • Lake use (Army Corps) • • Availability of raw land Lodging • Limited senior facilities (age- • Lack of local hospital restricted living) • Rail crossings • Lack of regional transportation T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Threats } • Global pressure on local employers aF • Inability to manage land uses with existing tools (implementation) • Turnover of older residential developments • Future major transit routes are limited ; ("two-road town") • Lack of progress (funding?) for 78 to 205 Or I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Opportunities • Additional retail • Water district?? • Redevelopment areas • Opportunity to brand community (sports center . • Intermodal area property — women's soccer) (do benchmarking of other • Landfill property (cost successful communities) share with Sachse and Murphy) • 205 & 78 corridor to IH30 • Regional park system • Future town center • Clean power generation • Higher education • Additional access to 190 • Trans Texas Corridor • County outer loop Or I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY 6,1 Interviews & Focus Groups +„ t a Key Findings Three things heard most often: 1. Traffic mentioned by almost everyone as significant problem. ' ✓ • Lack of infrastructure investment in the past viewed as "holding city back" 2. Perception that permitting process is "arbitrary" and slow, although there is some feeling this may — be improving under new administration. 3. Lack of housing options for those looking to "move up" causes many to leave Wylie. • Role of minimum lot size? • Developments coming on line may help. O T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY What is Wylie known for? "Survey Says:" The Ladylike Ski Shop . ' `-. LeAyhMn Ski Shop /*MIn -.. ..n sorfirre al rt Sam.. + n ,,a on 9291 .r ** r I P S T R A T E G I E S wN•1!lRxe.451.. i1r'?"�.. Interviews & Focus Groups Key Findings ' �'i f • Downtown seen as underutilized asset. - "It's the heart - what's left - of the city." -- Need to have a long-term vision for the area. • "Complexion" changing as office uses increase - Role of anchor businesses (like Shoemaker & Hardt and Ballard Street Cafe) - But only works when business owners stop "treating it like a hobby" • Foot traffic wouldn't seem to be the issue . . . - Permitting issue creates extra challenges for small business owners downtown T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Interviews & Focus Groups Key Findings • Others: - Area lakes are underutilized too. - Like rest of country, Wylie ISD seeing significant changes in demographic make-up • Large increases in both Hispanic and Black populations. - No consensus on vision for future • Will Wylie be Plano? • Role of"new people" in changing face of city. I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY i e i rfc-i fix - 11:' ''t " Cj*s•y `r 1I C:rrvorGl•',iir , .. _ Yt fit; o \ Project Overview Wylie Survey \\`,$ Documents Thank you for your participation. Wylie Survey 1 4'ihat are the area's greatest economic development assets? 2 What are the area's primary economic development challenges? _! 3 What are the area's greatest economic development oppor0nties? 4 What are the area's greatest economic successes to the last 10 years? 5 What are the areas biggest setbacks in the last 10 years? Wylie Web survey Q: What are the area's greatest economic development opportunities • Better (and more) restaurants �\Most common • Better quality retail responses by far7 • Entertainment options — (specific mentions: movie theater, enhanced sports and recreation facilities, community pool) • More employment options (e.g., professional service industries) • High end housing • DART rail development • Medical offices I F. S T R A T E G I E S DRAFT—FOR DISCUSSION PURPOSES ONLY GOALS & STRATEGIES QT.I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Framework • VISION: Wylie is a destination for a combination of small town charm and urban amenities including employment opportunities, access to education, diverse housing options, and unique retail and recreation. P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Summary of proposed goals • Goal 1 : MARKETING & IMAGE CAMPAIGN • Goal 2: HIGH-IMPACT INITIATIVES • Goal 3: TARGET INDUSTRY RECRUITMENT • Goal 4: BUSINESS RETENTION & EXPANSION n T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 1 : MARKETING & IMAGE CAMPAIGN • Raise profile in the Metroplex - Increase awareness ,s - Update old perceptions • Efforts should focus on three areas: - Downtown - Sports marketing - Outdoor recreation T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 1 : MARKETING & IMAGE CAMPAIGN (CONTINUED) µ, • Strategy 1.A: Develop a consistent theme for marketing Wylie >>" , F — 1.A.1 Review existing marketing materials. (Emphasis on websites) - 1.A.2 Establish marketing focus group. — 1.A.3 Consider development of a unified website. (Alternative: site that emphasizes particular opportunity or attribute) I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 1 : MARKETING & IMAGE CAMPAIGN (CONTINUED) • • • Strategy 1.B: Initiate an external marketing and PR campaign. — 1.B.1 Design and initiate a joint advertising campaign. (Highlight Wylie's advantages and specific initiatives)— 1.B.2 Continue networking with individuals and organizations that can refer prospect leads. — 1.B.3 Develop marketing materials highlighting key projects. (Web-based, e.g., Tustin Legacy redevelopment) 0 P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 1 : MARKETING & IMAGE CAMPAIGN (CONTINUED) • Strategy 1.B: Initiate an external marketing and PR campaign. - 1.B.4 Develop a press kit focused on economic development. (Have available in digital form) - 1.13.5 Provide press releases on a regular basis. - 1.B.6 Leverage existing Ambassadors program. 0, I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 1 : MARKETING & IMAGE CAMPAIGN (CONTINUED) • Strategy 1.C: Initiate an internal marketing campaign - 1.C.1 Encourage positive press. (e.g., highlight local business achievements or human interest stories) - 1.C.2 Leverage local leaders. (e.g., "speakers bureau"of professionals) I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 1 : MARKETING & IMAGE CAMPAIGN (CONTINUED) • Strategy 1.C: Initiate an internal marketing campaign - 1.C.3 Continue current efforts to keep citizens informed. 1.C.4 Conduct a regular survey of Wylie residents. — 1.C.5 Develop a benchmarking program. ("Indicators" initiative or comparison with peer communities) r I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 2: HIGH-IMPACT INITIATIVES . Explore the feasibility of specific opportunities. • Ability to enhance image and increase tax revenues. • Mid- to long-term timeframe. or I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY -. t o yw') Decision Matrix �v Miniature t N ht C g � Golf Course Club x lectronic ; Meat Impact = enderi ,-&D Facili 7) 4) Desirability IMII sitiliT I P S T R A T E G I E S DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 2: HIGH-IMPACT , .t,:.�;,.___ INITIATIVES (CONTINUED) It. SOURCE GeNoN Ente ttament • Strategy 2.A: Development along the shores of Lake Lavon -- High-end project (e.g., resort, golf course, entertainment district) — Army COE controls 2 areas around lake: "fee title" area (to 508' elevation contour) and flowage easement (509' elevation) - Water quality could be an issue (but seems not to be a barrier at the outset) — Explore options for land assembly. If outside city limits identify possible solutions to realize revenue (e.g., annexation, revenue sharing) i I P STAATEGJEC DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 2: HIGH-IMPACT • INITIATIVES (CONTINUED) • • Strategy 2.B: Development of the Kansas City Southern tract - Multimodal facility and related uses on 435 acres: • North: 233 acres for multimodal facility • South: 202 acres(Hwy 78 frontage)for whs/distribution, R ; - Not likely to su bdivide,vid ,potentially may be willing to work with experienced rail developer. - Significant property for KCS. Ensures quality when site is developed. But may translate to long timeframe -- Continue to express interest. Ensure that adjacent development doesn't limit KCS plans. T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 2: HIGH-IMPACT INITIATIVES (CONTINUED) Strategy2.C: Leveraging development around the new Town Center — Ability to raise image in region and serve as catalyst for future development — Opportunity to create "quality of place" with linked park system (e.g., hike & bike trails) T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 2: HIGH-IMPACT y` INITIATIVES (CONTINUED) ,4 • Strategy 2.D: Renew downtown planning effort — City is fortunate to have the kernel of an "authentic" downtown — Downtown is reflection of a community's commitment — Build on previous planning efforts a-� — Establish long-term vision — DART rail plans (Support of regional rail initiative) Or I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 2: HIGH-IMPACT INITIATIVES (CONTINUED) • Strategy 2.E: Leveraging the proposed sports complex - 151 acre site adjacent to Woodbridge Commons — Opportunity to raise profile in the region — Ties in with existing assets (outdoor recreation, Panda Cup) and supports family- friendly image — However, there is question about viability of project r I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 2: HIGH-IMPACT INITIATIVES (CONTINUED) Strategy 2.F: Expansion around old hospital site — Tie in with area hospitals • Including new facilities planned for Richardson Regional Medical Center at George Bush Turnpike & Renner Road. Expected completion fall 2008 • 50,000 SF comprehensive cancer center and 47,000 SF outpatient hospital. Affiliated with UT Southwestern Medical Center. • 100,000 SF physician's pavilion constructed in 2004. — Supports health services target I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 2: HIGH-IMPACT , INITIATIVES (CONTINUED) • Strategy 2.G: FM 205 Corridor lit development — Last remaining growth area for the city — Provides link to IH30 via Rockwall — Control land use through a corridor planning process Or I P S T S A T E G i E S DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 3: TARGET INDUSTRY RECRUITMENT • Target industry recommendations - Retail - Integrated building systems - Data centers - Health services - Specialty logistics -- Professional services Or I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY TARGET: Retail Rationale , — Residential growth is expected to continue: projected at over 7%annually. — Wylie is experiencing significant retail leakage, primarily to Garland and Plano, Strategic Considerations — Market primary retail trade area rather than city boundaries — Highway 78 and Spring Creek Parkway is an emerging retail sub-market- reaching residents of Farmersville, Lavon, Nevada and Josephine I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY TARGET: Integrated building ,, systems • Rationale - Strong regional demand for housing and construction materials. • - Changes to industry(increased use of IT&advanced materials) forcing shift toward metro areas with an abundance of skilled talent. �ft - Concerns about climate change fueling growth of"green building." s` - Presence of existing building materials and related businesses. • Strategic considerations&recommendations - Limited available land for large assembly operations. - Lack of four-lane highway access could dissuade investment for assembly in the area. - Consider identifying sites with rail access as a means for attracting prospects. Or P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY TARGET: Data centers • Rationale —\ - Strong business growth forecasts among IT-dependent sectors. - Data centers typically offer much higher than average wages. - Target could alter Wylie's image within the region. -- Offers gateway to other professional services business sectors. - Proximity to Dallas and the Telecom Corridor. • Strategic considerations & recommendations - Competition is stiff for this popular target - Execute direct recruiting campaign targeting both mid-size companies already present in North Texas and IDCs. - Identify potential site for data center development in partnership with electricity and telecom providers. Or I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY TARGET: Health services • ` Rationale - Leverage planned and existing healthcare facilities, including specialty clinics. Higher wages within this industry sector. - Growth in employment throughout the healthcare sector is expected to continue both regionally and nationally. - Important QOL amenity; attractive to many demographics. - Healthcare can draw patients and families Wylie, increasing retail and dining expenditures at area establishments. • Strategic considerations&recommendations - More office space,especially Class A and B, will be needed ito capture a greater share of growth from this sector 0 r v T P A T F G I F•S DRAFT-FOR DISCUSSION PURPOSES ONLY TARGET: Specialty logistics • Rationale -. Excellent ground transportation infrastructure (e.g. SH 190, IH-30, US 75 and Kansas City Southern rail) provide access to major markets - Proximity to major shipping centers throughout the Metroplex - Access to manufacturers in the Dallas area - Southern shift of nation's manufacturing base - Availability of workforce from the surrounding areas �. - Existing transportation and logistics operations in the area • Strategic considerations&recommendations - Impact of increased truck traffic on existing transportation infrastructure - Planned KCS intermodal facility will enhance opportunities for logistics T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY TARGET: Professional services F, • Rationale - Fill in the"gaps" in local economy to serve local demand for professional and business services --- Potential for growth and economic diversification,especially among upper wage professional positions - Opportunities for local entrepreneurs and startup businesses - Help bring additional business activity to existing downtown. Yfi= - Assist in altering the perception of Wylie as a bedroom community. \" • Strategic considerations& recommendations - Promote smaller office developments throughout city, esp. downtown. - Survey residents to gauge their interest in leasing garden offices or Class B office space in Wylie. - Support entrepreneurship in Wylie - Difficult to market to this sector using traditional ec. Dev. practices. T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 3: TARGET INDUSTRY RECRUITMENT (CONTINUED) • Strategy 3.A: Explore options for increasing the supply of industrial land — 3.A.1 Study available options. (Create task force if needed) - 3.A.2 Review existing land use policies. (Implications of Land Use Distribution Philosophy, Ordinance 2005-19) Or I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 3: TARGET INDUSTRY RECRUITMENT (CONTINUED) • Strategy 3.B: Build awareness of Wylie among brokers and developers in the Metroplex — 3.B.1 Identify and join relevant broker and realtor f± associations. (Cultivating relationships with individual brokers in Dallas should be a priority.) — 3.B.2 Make plans to design and hold "developer's day" event in Wylie for site consultants and regional =' industrial and commercial brokers, — 3,113 Mail campaign. (Highlight specific development opportunities.) T P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 3: TARGET INDUSTRY RECRUITMENT (CONTINUED) • Strategy 3.C: Build awareness of Wylie among decision-makers in target industries a.r — 3.C.1 Maintain databases of companies in each ry 42 target industry, — 3.C.2 Produce target marketing materials. (Mailings should occur monthly and continue for at least six months.) - 3.C.3 Follow up with an appointment setting campaign. V:J P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 3: TARGET INDUSTRY X 0, RECRUITMENT (CONTINUED) • Strategy 3.C: Build awareness of Wylie among decision-makers in target industries — 3.C.4 Conduct call trips. (Four per year.) — 3.C.5 Create corporate intelligence program. — 3.C.6 Measure performance. Or I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 3: TARGET INDUSTRY RECRUITMENT (CONTINUED) • Strategy 3.D: Build awareness of Wylie among site selection consultants - 3.D.1 Develop and maintain site consultants database. - 3.D.2 Continue to maintain and update information. (On-line to the extent possible.) . - 3.D.3 Initiate a monthly site consultant letter campaign. -• 3.D.4 Initiate site consultant visitation program. T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 3: TARGET INDUSTRY RECRUITMENT (CONTINUED) f • Strategy 3.E: Implement retail recruitment \\\ strategy - 3.E.1 Identify relevant stakeholders and establish retail working group. - 3.E.2 Maintain current retail market analysis. (Helps ensure Wylie's changing demographics are conveyed in manner that positions Wylie to maximum advantage.) T.I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 3: TARGET INDUSTRY RECRUITMENT (CONTINUED) y' • Strategy 3.E: Implement retail recruitment strategy - 3.E.3 Market to appropriate retail targets. (Core of ;> this strategy should be focused on retail developers who represent these tenants.) - 3.E.4 Link retail and tourism. (e.g., capture impact from estimated 1.6 million annual visitors to Lake Lavon) T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 3: TARGET INDUSTRY RECRUITMENT (CONTINUED) y • Strategy 3.F: Develop service sector , recruitment strategy — 3.F.1 Identify target organizations. (e.g., attorney, CPAs, financial consultants). s; — 3.F.2 Compile information on each organization. (If possible, join to receive periodic updates on their activities.) — 3.F.3 Create a master database of professionals. — 3.F.4 Communicate with target audience on a regular basis. I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 4: BUSINESS RETENTION & EXPANSION • Existing businesses should be focus of ED efforts because: — They represent best opportunity to increase f,= employment and tax base and greatest economic threat if they close or relocate. — BRE strategy pays direct dividends to economic development organizations politically. — Yields greatest benefit in relation to effort required (due to ability to leverage existing relationships) T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 4: BUSINESS RETENTION & EXPANSION (CONTINUED) • Strategy 4.A: Formalize business retention & expansion (BRE) program -- 4.A.1 Develop and maintain a formal inventory of Oir existing businesses. (Publicly available records, a} e.g., tax records, utility hookups, and ownership transfers provide starting point). =! - 4.A.2 Implement an annual business retention and expansion survey. T I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 4: BUSINESS RETENTION & EXPANSION (CONTINUED) • Strategy 4.A: Formalize business retention & \\\\\ expansion (BRE) program - 4.A.3 Support networking opportunities for local business owners. (Extensive offerings from chamber e.g., monthly luncheon, weekly Beyond 2000 & Business Card Exchange, special events.) - 4.A.4 Provide technical support for local businesses. (e.g., links to existing information) - 4.A.5 Have "rapid response" strategy in place to deal with business closures and layoffs. P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 4: BUSINESS RETENTION & EXPANSION (CONTINUED) • • Strategy 4.B: Foster entrepreneurship & \ .. innovation among area businesses and residents - 4.B.1 Create an innovation and entrepreneurship group. (Housed at the chamber and charged with evaluating and implementing specific tasks) - 4.B.2 Raise awareness of local entrepreneurial success stories. - 4.B.3 Encourage private-sector involvement in education and skills training. (e.g., mock business plan competitions and business-oriented curriculum.) T.I P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Goal 4: BUSINESS RETENTION & EXPANSION (CONTINUED) • Strategy 4.C: Encourage review of city permitting \\ process - 4.C.1 Establish a "one stop" permitting approach 'f and/or single point of contact. - 4.C.2 Set clear standards and follow them. - 4.C.3 Establish development-related incentive policy. (Establish specific criteria that trigger incentives for desirable projects, e.g., "fast-track permitting) - 4.C.4 Hold open forums. (Provides a formal mechanism to air concerns, helps position city as being more favorable to development) I P S T R A T E G I E S DRAFT-FOR DISCUSSION PURPOSES ONLY 12/1 NEXT STEPS 'm r IP STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY NEXT STEPS aal • Enhance vision and strategies based on input from steering committee and staff • Prepare final draft with implementation schedule (actions an timelines) • Final presentation P STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Thank you r4 " ` TIP Strategies, Inc. Theory Into Practice 7000 N. MoPac, Ste. 305 Austin, TX 78731 512.343.9113 tel , � un 512.343.9190 fax www.TlPstrategies.corn Or I v STRATEGIES DRAFT-FOR DISCUSSION PURPOSES ONLY Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, June 26, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Pro Tern M.G. Red Byboth called the meeting to order at 6:00 p.m. Council Members present were: Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman Merrill Young, and Councilman Davis Goss. Mayor John Mondy and Councilman Rick White were absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Fire Chief, Randy Corbin; WEDC Executive Director, Sam Satterwhite; Planning Director, Renae' 011ie, City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Chuck Hubbard of the Gloria Deo Lutheran Church of Garland gave the Invocation and Councilman Goss 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. John Onufreiczuk residing at 3103 Bryce, Wylie Texas addressed Council stating the he was thankful to Council for the quality development in Wylie. He asked Council to continue to promote quality development; looking at the "best" use for all property within Wylie; he asked that decisions be made within the law and in the best interests of the resident's property value. 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—June 26, 2007 Wylie City Council Page 1 A. Consider, and act upon, approval of Minutes from the June 12, 2007 Regular City Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Final Plat creating one lot for New Heights Baptist Church Addition generally located west of Hooper Road and east of Regency Business Park Phase 2. (R. 011ie, Planning Director) C. Consider, and place on file, the Monthly Revenue and Expenditure Reports for the period ending May 31,2007. (L. Williamson, Finance Director) D. Consider, and act upon, authorizing the City Manager to execute an amendment to the Extraterritorial Jurisdiction Agreement between the Cities of Wylie and Murphy. (M. Manson, City Manager) Council Action A motion was made by Councilman Young seconded by Councilman Porter to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Mayor Mondy and Councilman White absent. REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, amending City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 9 (Nonconforming Uses and Structures) setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the purpose and intent of the proposed amendment is an attempt to bring nonconforming properties into conformance with current regulations. The proposed changes do not prohibit a property from continuing a nonconforming use provided that such use was a conforming use prior to the time of passage of the previous Zoning Ordinance No. 2001-48 as adopted on November 11, 2001. Director 011ie reported that one major change in the previous ordinance and the proposed ordinance is Section 9.5 Expansion of Nonconforming Uses or Structures. She explained that the previous ordinance allowed up to a fifty percent (50%)expansion of an existing legally nonconforming structure. What staff is now proposing is to eliminate this 50% regulation. The proposed ordinance would read: No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the nonconforming use at the effective date of adoption or amendment of this ordinance. No additional structures shall be erected in connection with a nonconforming use of property. She explained that when a property owner makes application for a building permit, that permit vests the rights based on all current ordinances in place at that time. However, any expansion creates a new project. Project means an endeavor over which the City exerts its jurisdiction and for which one or more permits are required to initiate, continue, or complete the endeavor. Minutes—June 26, 2007 Wylie City Council Page 2 If the original permit did not include or give the City reasonable notice of an expansion, any newly proposed expansion would generate a new permit. There are provisions in the Ordinance to allow an applicant to request a hearing by the Zoning Board of Adjustment. When the Board grants a variance for a nonconforming structure that structure and each non-complying feature becomes legally conforming. Public Hearing Mayor Pro Tern Byboth opened the Public Hearing at 6:20 p.m. No one was present to address Council on Item#1. Mayor Pro Tem Byboth closed the Public Hearing at 6:20 p.m. Council Discussion Mayor Pro Tern Byboth asked WEDC Executive Director Satterwhite if these amendments would affect industrial buildings. Mr. Satterwhite replied that there were buildings that were made of steel and other materials that were"dated". If the business owner wished to build on or add a building, in some cases it would not make sense to add on a completely different material; in other cases this requirement would be made. Mr. Satterwhite explained that in his opinion, the 50% rule needed to have stronger requirements and he wished to see a lesser percentage. Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to amend the City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 9 (Nonconforming Uses and Structures) setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. A vote was taken and passed 5-0 with Mayor Mondy and Councilman White absent. 2. Hold a Public Hearing and consider, and act upon, amending City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 2, Section 2.5.4 (Accessory Buildings). (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that at its June 19th meeting, Planning and Zoning Commission voted 4-0 to table a recommendation to consider amending Article 2, Section 2.5.4 of the Comprehensive Zoning Ordinance. The Commission requested additional time to research and consider types of exterior materials allowed for accessory buildings, namely composite masonry vs. wood. Ms. 011ie requested Council to continue the public hearing and table this item until the July 10, 2007 regular Council meeting to allow time for the Planning and Zoning Commission to consider final recommendations. Public Hearing Mayor Pro Tern Byboth opened the Public Hearing at 6:30 p.m. No one was present to address Council on Item#2. Minutes—June 26, 2007 Wylie City Council Page 3 Council Discussion Councilman Porter asked Planning Director 011ie why there was a 20 foot requirement at the back of property for car ports yet there was only a 5 foot side requirement. Ms. 011ie stated that she had asked the Building Inspection Director the reasoning behind the 20 foot set back. He explained that it had to do with safety and having the set backs both on the side and back, as noted, made it harder for someone, other than the property owner, to enter the property. She noted this safety issue was for those structures that were attached to the residence. Mayor Pro Tem Byboth asked Ms. 011ie if this was a crime prevention issue. Ms. 011ie replied that yes it was. Mayor Pro Tem Byboth asked Assistant City Manager Butters if he say this as a crime issue. Assistant City Manger Butters replied that he did not see it as a large crime issue but rather, a minor crime issue. Mayor Pro Tem Byboth asked staff if the City was communicating the requirements for accessory buildings to businesses such as Home Depot so residents knew before purchasing an accessory building what the requirements were. He stated that he believed this was beneficial to both the City and to residents to have the businesses communicate the set back requirements and permitting required prior to purchasing an accessory building. Planning Director 011ie stated that she would communicate this to the local businesses. Council Action A motion was made by Councilman Porter, seconded by Councilman Goss to continue the Public Hearing until the July 10, 2007 meeting and thereafter to consider amending City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 2, Section 2.5.4 (Accessory Buildings). A vote was taken and passed 5-0 with Mayor Mondy and Councilman White absent. 3. Hold a Public Hearing and consider, and act upon, amending Article II of Subdivision Regulation Ordinance No. 2003-03, by adding Section 2.12 establishing regulations regarding the abandonment of Right-Of-Way. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council giving some background regarding Ordinance No. 2003-03. She explained that the City Code Ordinance No. 96-25 required that the City convey, sell or exchange abandoned street or alley property for the fair market value, and is precluded from giving the property away or selling it for less than fair market value. City Code Ordinance No. 98-16 established a consolidated Fees and Charges ordinance including right-of-way abandonment fees. City Code Ordinance No. 2006-05 repealed in its entirety Ordinance No. 96-25 and repealed Ordinance No. 98-16 Section 42.00(Right-of-way Abandonment Fee). Ms. 011ie explained that land and those interests as outlined in Local Government Code § 272.001 (b) may not be conveyed, sold, or exchanged for less than the fair market value of the land or interest unless the conveyance, sale, or exchange is with one or more abutting property owners who own the underlying fee simple. The fair market value is determined by an appraisal obtained by the political subdivision that owns the land or interest or, in the case of land or an interest owned by a home-rule municipality, the fair market value may be determined by the price obtained by the municipality at a public auction. She explained that the proposed Ordinance amending the Right-Of-Way abandonment would put in place procedures for doing so which were not currently in place. She explained that once the ordinance was in place, anyone wishing to purchase abandoned property would have to place a deposit with the City for the purchase price of the property prior to it coming to Council for final approval thereby making sure, if approved, it is on the tax rolls. She explained that if the purchase was denied by Council, the deposit would then be returned to the prospective buyer. Minutes—June 26, 2007 Wylie City Council Page 4 Direct 011ie reported that the City receives no tax revenue from right-of-way property. If and when the right-of-way is converted to private ownership, the land and any improvements placed thereon will be subject to all taxes of the City of Wylie. Public Hearing Mayor Pro Tern Byboth opened the Public Hearing at 6:35 p.m. No one was present to address Council on Item#3. Mayor Pro Tem Byboth closed the Public Hearing at 6:35 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilman Young to amend Article II of Subdivision Regulation Ordinance No. 2003-03, by adding Section 2.12 establishing regulations regarding the abandonment of Right-Of-Way. A vote was taken and passed 5-0 with Mayor Mondy and Councilman White absent. General Business 4. Consider, and act upon, approval of a Site Plan and consider an Alternative Parking Agreement for Best Corner Wylie Addition, Block A, Lots 1 & 2 (Ace Check Cashing & Metro PCS). Subject property being generally located on the northeast corner of SH 78 and W. Kirby Street. (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that normally, the review and approval of site plans are delegated to Planning & Zoning Commission. In this particular case, the applicant is requesting approval for a special off-site parking alternative along with the site plan in order to meet the minimum on-site parking required for Lot 1. She explained that the Zoning Ordinance requires City Council review and approval for special off-site Parking Alternatives. The applicant is proposing to lease two existing commercial properties located at the northeast corner of SH 78 and W. Kirby Street. The property is zoned Commercial Corridor(CC) District and consists of two lots totaling .594 acres in size. A preliminary plat was approved on this property in January 2006 establishing the two lots. Lot 1 is .15 acres (6,714 sq.ft.) in size with an existing 1,648 sq.ft. brick building on site. In the mid 1990s TXDOT acquired portions of this property to accommodate the widening and improvements for SH 78. Recently, the City of Wylie has acquired portions of the property to accommodate rights-of-way for a right- turn lane and other traffic improvements at the intersection. The applicant is proposing to convert the existing building into a check cashing service (Ace Cash America). The site work will consist of, landscape improvements, resurfacing of pavement, relocation of drive way and minimum alterations to the building elevations; however it does not meet the parking standards required for the property. Lot 1 is required to have 5 spaces and Lot 2 is required to have 9 spaces. Currently Lot 1 has 1 parking space and Lot 2 has 16 parking spaces. The applicant is proposing in the agreement to use parking on Lot 2 to satisfy the requirements for Lot 1. Lot 2 is .44 acres (19,190 sq. ft.) in size with an existing 1,710 sq. ft. building on site. The applicant is proposing a cellular communications retail center for the property (Metro PCS). Site improvements include pavement resurfacing, a drive approach via Kirby Street, landscape improvements, relocation of dumpster pad and screening and minimum alterations to building elevations. Minutes—June 26, 2007 Wylie City Council Page 5 She reported that the Planning and Zoning Commission voted 4-1 to recommend approval subject to City Council review and approval of the proposed parking agreement document. Planning Director 011ie noted that there was a lengthy discussion on the vehicle maneuvering of two parking spaces on Lot 1. After discussion, it was recommended by the Commission to reconfigure the parking spaces to allow only 1 parking space (handicap) and have that space parallel to S.H. 78. Ms. 011ie reported that if approved by Council, the issuance of the certificate of occupancy for the property is expressively contingent upon this agreement being filed and recorded with County Clerk and remaining in effect. Consequentially, each new tenant is bound by this same agreement. If the parking agreement is not filed or is voided by the owner and/or tenant, each lot would then have to meet all regulations of the Zoning Ordinance or cease to operate. Applicant Comments Stan Haddock (applicant) residing at 221 Country Club Drive, Heath, Texas addressed Council stating that this property had been a long standing issue which he had been working on since 2003. He explained that when he purchased the property, the City requested he sell 200 feet of property for a turn lane. He stated that he agreed to sell the property needed for the turn lane to save the City the expense of using another alternative for the turn lane. He reported that if he had kept the 200 feet, he would have had 6 parking spots. He asked the City to consider his request to utilize the parking on Lot 2 to satisfy his requirements on Lot 1. He stated that he would be agreeable to designing the property so as to put the entrance wherever it worked best on the property. He explained that the two lots work as "one property" with good circulation and parking. Citizen Comments John Onufreiczuk residing at 3103 Bryce Drive, Wylie, Texas addressed Council stating that he was representing several other citizens that had concerns. He reported that there was a concern regarding the right turn off of Kirby to Highway 78. If someone was also backing out of the proposed property onto Highway 78, this would be a traffic nightmare. He also asked Council to look closely at the "best" use of the property, with the use of a parking agreement. He stated that personally he did not believe it was the "best"use of this particular property. Marvin Fuller residing at 355 Donna, Wylie Texas addressed Council stating that the proposed area was one of the most visible corners in Wylie and he appreciated the Council trying to accommodate the applicant Mr. Haddock; but on the other hand he would like to see this property have the "best" use and "best" look possible. He stated that he could not see exceptions made to Lot 1, which is the most visible area, for parking. He explained that whether this property was owned by two owners or one, it made no difference; this is an opportunity to get more. Council Discussion Councilwoman Spillyards asked what the intent was behind shared parking. Was it for partial parking for one owner or the other? Planning Director 011ie explained that there were two types of parking arrangements; one was shared parking and the other was alternative parking. She explained that the intent was if you have a piece of property that can not meet the parking requirements and you have two businesses that do not maintain the same business hours then shared parking is used to accommodate both businesses. Alternative parking which is the type of parking requested tonight is used for properties that do not have the required parking and use alternative parking on adjacent property. City Manager Manson commented that the zoning ordinance normally requires parking on the same property; but there are circumstances where the required parking can not be met., thus requiring some parking on another lot. This case is extreme whereby no parking is available on the proposed Lot 1 and all parking comes from alternative parking on another lot. She stated that in her opinion the ordinance was set up to give a property owner some flexibility to meet their parking requirements; without being completely dependent on other property for all parking requirements. Councilman Porter stated that he had concerns regarding both businesses being open at the same time and sharing the parking area. Councilman Goss commented that he was very concerned that the applicant was depending on one piece of property for all his parking requirements for both businesses. Minutes—June 26, 2007 Wylie City Council Page 6 Council Action A motion was made by Councilman Porter, seconded by Councilman Young to deny a site plan and an Alternative Parking Agreement for Best Corner Wylie Addition, Block A, Lots 1 & 2 (Ace Check Cashing & Metro PCS), subject property being generally located on the northeast corner of SH 78 and W. Kirby Street. A vote was taken and passed 5-0 with Mayor Mondy and Councilman White absent. Item was denied. 5. Consider, and act upon, Ordinance No. 2007-18 adopting a date for the public hearing of the Capital Improvement Plan (CIP). (C. Hoisted, City Engineer) Staff Comments City Manager Manson addressed Council stating that on May 22, 2007 Council approved an engineering services agreement to update the Thoroughfare Impact Fees. The fees were last adopted on July 25, 2006. The update is necessary to add Hensley Lane and Springwell Parkway to the capital improvements plan. Potential development in the western portion of the City has made the construction of these roadways necessary. Council Action A motion was made by Councilman Porter seconded by Councilwoman Spillyards to approve Ordinance No. 2007-18 adopting August 14, 2007 at 6:00 p.m. at the Wylie City Hall Council Chambers as the date, time and place for the City Council to conduct a public hearing to consider the Thoroughfare Improvements Plan. A vote was taken and passed 5-0 with Mayor Mondy and Councilman White absent. 6. Consider, and act upon, the recommendations of the 2007 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, North Texas Municipal Water District, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for those whose terms expire in July of 2007 and appointment of a representative and an alternate to the Southeast Collin County Emergency Medical Services Coalition. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed Council stating that Article 8, Section 1A of the Wylie Charter authorizes the City Council to appoint members to serve on boards, commissions and committees to help carry out the functions and obligations of the City and to make recommendations to the City Council. She reported that the City Secretary's Office began an active campaign to solicit Board and Commission applications by utilizing the Wylie News, eWylie, and current board and commission members. Applications were also available on the City Website for direct submission. She explained that an interview panel, consisting of three Council members was used to conduct interviews of all applicants. All applicants were personally contacted to schedule an informal meeting, in open session, with the Boards and Commission Council Interview Panel. Council panel members Minutes—June 26, 2007 Wylie City Council Page 7 appointed by the City Council for 2007 were: Councilman Carter Porter, Councilman Merrill Young, and Councilman David Goss, Mayor Pro Tem Red Byboth was an alternate serving on the panel. She reported that the Boards and Commission Council Interview Panel members were present to make formal recommendations for all 2007-2008 Boards and Commissions positions tonight. 2007-2008 Boards and Commission Interview Panel Recommendations 2007 Interview Panel Member, Councilman Porter read the following recommendations for all Boards and Commissions: Animal Shelter Advisory Board Planning &Zoning Board Ken Qualls—re-appointed Ruthie Wright—replaces Kevin Finnell Councilman Carter Porter- replaces Eric Hogue Ramona Kopchenko—replaces Jamie Gregg Phillip Johnston—replaces David Goss Construction Code Board Tim Bennett—re-appointed Bryan Rogers—replaces Scott Henry Lisa Palomba—replaces Chad Tittle Public Arts Advisory Board Zachary Herrera—replaces Steve Repasky Ashley Burt—replaces Barbara Marks Frank Spingola—re-appointed Patsy Robertson—re-appointed Kathryn Welp—replaces Larry Clark Library Board Robert Wieneke—replaces Sandra Williams Wylie Economic Development Corporation Shirley Burnett—re-appointed Mitch Herzog -re-appointed David James—re-appointed Marvin Fuller—re-appointed James Griffin—replaces Joe Murphy Parks & Recreation 4B Board Parks& Recreation Board Shirley Burnett—re-appointed Daniel Chesnut—re-appointed Dan Chesnut—re-appointed Brandi Lafleur—re-appointed Anne Hiney—re-appointed Frankie Delgado—re-appointed David Goss—replaces Eric Hogue North Texas Municipal Water District Southeast Collin County Emergency Medical Robert Thurmond Jr. Services Coalition Councilman Rick White Councilman Merrill Young—Alternate Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to accept and appoint the recommendations of the 2007 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, North Texas Municipal Water District, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for those whose terms expire in July of 2007 and appointment of a representative and an alternate to the Southeast Collin County Emergency Medical Services Coalition, as presented. A vote was taken and passed 5-0 with Mayor Mondy and Councilman White absent. 7. Consider, and act upon, Resolution No. 2007-18(R) authorizing the Mayor Pro Tern to execute a Promissory Note, in the amount of$155,000.00, and all documentation necessary to effectuate the Note between the City of Wylie and Wylie Economic Development Corporation. (S. Satterwhite, WEDC Executive Director) Minutes—June 26, 2007 Wylie City Council Page 8 Staff Comments Wylie Economic Development Corporation Executive Director Satterwhite addressed Council stating that the Wylie Economic Development Corporation (WEDC) is under contract to purchase ±3.2 acres from Global Innovation, Inc. (formerly Lone Star Circuits). The purchase price for the tract is $155,000. In an effort to reduce the interest expense and fees required via conventional financing and preserve the WEDC's present cash position, the WEDC is requesting that the City of Wylie enter into a Promissory Note (as attached) for 100% of the purchase price. He noted two changes to the contract presented to Council and asked that they be approved within the motion. Council Action A motion was made by Councilman Young, seconded by Goss to approve Resolution No. 2007-18(R) authorizing the Mayor Pro Tem to execute a Promissory Note, in the amount of $155,000.00 and all documentation necessary to effectuate the Note between the City of Wylie and Wylie Economic Development Corporation; adding to paragraph #2 "Payee acknowledges that Maker has entered into a Promissory Note with Inwood National Bank dated August 25, 2005 and that the Payee's ability to intercept sales tax revenue is subordinate to Makers pledge of sales tax to Inwood National Bank"; and paragraph #4, line one to read "note" in place of not. A vote was taken and passed 5-0 with Mayor Mondy and Councilman White 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. 2007-18 into the official record. Mayor Pro Tern Byboth took a 10 minute recess at 7:23 p.m. Mayor Pro Tern Byboth convened into Executive Session at 7:33 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 To deliberate the purchase, exchange,lease or value of real property generally located at: • In the vicinity of Olde City Park at State Highway 78 and South Jackson Avenue Mayor Pro Tern Byboth reconvened into Open Session at 7:52 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session, including but not limited to: 1. Consider, and act upon, Resolution No. 2007-19(R) authorizing the application for a Collin County Park and Open Space Grant for the purposes of land acquisition for Olde City Park. (M. Sferra, Public Services Director) Minutes—June 26, 2007 Wylie City Council Page 9 Staff Comments Public Services Director Sferra addressed Council stating that the 2003 Collin County Bond election established a pool of funding for park and open space development in Collin County. The County took the approach of establishing a matching grant system as the means of distributing the funding throughout the County. The grant is set up as a 50-50, dollar-for-dollar, reimbursement program. Staff received notice in March 2007 that the County was accepting grant applications for the development, expansion or improvement of parks and open space. Applications must be submitted to the County by July 9, 2007, and awards for successful applications will be made by the County in October 2007. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Resolution No. 2007-19(R) authorizing the application for a Collin County Park and Open Space Grant for the purposes of land acquisition for Olde City Park. A vote was taken and passed 5-0 with Mayor Mondy and Councilman White absent. ADJOURNMENT With no further business before Council, Mayor Pro Tem Byboth adjourned the meeting at 7:55 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—June 26, 2007 Wylie City Council Page 10 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 07-10-07 Item Number: B Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 06-26-07 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of May 31, 2007. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of May 31, 2007. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on June 26, 2007. Approved By Initial , Date Department Director � 63. a6v Z City Manager °1 Page 1of1 6-21-2007 08:22 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: MAY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 412,564.78 1000-10115 CASH-WEDC-INWOOD 0.00 1000-10135 INWOOD BANK-ESCROW 0.00 1000-10198 OTHER-MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-11517 ACCTS REC - SALES TAX 0.00 1000-12996 LOAN REC - JACOBY 147,648.48 1000-12997 ACCTS REC - JTM TECH 166,850.00 1000-14112 INVENTORIES - MATERIAL/SUPPLY 0.00 1000-14116 INVENTORY - LAND 1,858,394.99 1000-14118 INVENTORY - BAYCO - SANDEN BLV 0.00 1000-14310 PREPAID EXPENSES 59,956.56 1000-14410 DEFERRED CHARGE 100,000.00 2,745,414.81 TOTAL ASSETS 2,745,414.81 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 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 ) 338.07) 2000-20117 TMRS PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA PAYABLE 0.00 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 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY ) 377.24) 2000-20199 MISC PAYROLL PAYABLE 0.00 2000-20201 AP PENDING 1,921.22 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20540 NOTES PAYABLE 100,000.00 2000-22270 DEFERRED REVENUE 147,648.48 TOTAL LIABILITIES 248,854.39 6-21-2007 08:22 AM CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: MAY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 2,584,544.76 TOTAL BEGINNING EQUITY 2,584,544.76 TOTAL REVENUE 806,246.91 TOTAL EXPENSES 894,231.25 REVENUE OVER/(UNDER) EXPENSES ( 87,984.34) TOTAL EQUITY & OVER/(UNDER) 2,496,560.42 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 2,745,414.81 6-21-2007 08:22 AM CITY OF WYLIE PAGE: 1 BALANCE SHEET AS OF: MAY 31ST, 2007 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 23,021.37 2000-21410 AIP - GO/CO BONDS 5,197.00 2000-28205 WEDC LOANS-CURRENT 58,571.77 2000-28210 WEDC LOANS 0.00 2000-28220 BIRMINGHAM LOAN 92,664.00 2000-28230 INWOOD LOAN 710,018.00 2000-28240 HUGHES LOAN PAYABLE 309,991.00 TOTAL LIABILITIES 1,199,463.14 EQUITY 3000-34590 FUND BALANCE ( 1,199,463.14) TOTAL BEGINNING EQUITY ( 1,199,463.14) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 1,199,463.14) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 6-20-2007 08:48 AM CITY OF WYLIE PAGE: 1 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2007 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 1,136,130.00 124,616.60 0.00 580,304.56 0.00 555,825.44 51.08 INTEREST INCOME 22,500.00 1,672.62 0.00 13,013.66 0.00 9,486.34 57.84 MISCELLANEOUS INCOME 63,840.00 7,700.00 0.00 212,928.69 0.00 ( 149,086.69) 333.53 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,222,470.00 133,989.22 0.00 806,246.91 0.00 416,223.09 65.95 EXPENDITURE SUMMARY DEVELOPMENT CORP-WEDC 1,777,700.00 223,622.38 0.00 894,231.25 676.31 882,792.44 50.34 TOTAL EXPENDITURES 1,777,700.00 223,622.38 0.00 894,231.25 676.31 882,792.44 50.34 REVENUE OVER/(UNDER) EXPENDITURES ( 555,230.00) ( 89,633.16) 0.00 ( 87,984.34) ( 676.31) ( 466,569.35) 15.97 6-20-2007 08:48 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2007 111-WYLIE ECONOMIC DEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,136,130.00 124,616.60 0.00 580,304.56 0.00 555,825.44 51.08 TOTAL TAXES 1,136,130.00 124,616.60 0.00 580,304.56 0.00 555,825.44 51.08 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 22,500.00 1,672.62 0.00 13,013.66 0.00 9,486.34 57.84 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 22,500.00 1,672.62 0.00 13,013.66 0.00 9,486.34 57.84 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 63,840.00 5,200.00 0.00 42,192.90 0.00 21,647.10 66.09 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 5,486.00 0.00 ( 5,486.00) 0.00 4000-48410 MISC INCOME 0.00 2,500.00 0.00 4,300.00 0.00 ( 4,300.00) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 160,949.79 0.00 ( 160,949.79) 0.00 TOTAL MISCELLANEOUS INCOME 63,840.00 7,700.00 0.00 212,928.69 0.00 ( 149,088.69) 333.53 OTHER FINANCING SOURCES 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 1,222,470.00 133,989.22 0.00 806,246.91 0.00 416,223.09 65.95 6-20-2007 08:48 AM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2007 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 157,050.00 11,437.06 0.00 94,269.78 0.00 62,780.22 60.03 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51140 LONGEVITY PAY 570.00 0.00 0.00 580.00 0.00 ( 10.00) 101.75 5611-51145 SICK LEAVE BUYBACK 1,710.00 0.00 0.00 1,180.52 0.00 529.48 69.04 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 8,400.00 646.16 0.00 5,330.82 0.00 3,069.18 63.46 5611-51230 CLOTHING ALLOWANCE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 14,930.00 1,075.40 0.00 8,965.26 0.00 5,964.74 60.05 5611-51410 HOSPITAL & LIFE INSURANCE 14,340.00 1,379.90 0.00 12,419.73 0.00 1,920.27 86.61 5611-51420 LONG-TERM DISABILITY 880.00 35.82 0.00 322.38 0.00 557.62 36.63 5611-51440 FICA 10,400.00 724.40 0.00 4,619.29 0.00 5,780.71 44.42 5611-51450 MEDICARE 2,430.00 169.40 0.00 1,426.50 0.00 1,003.50 58.70 5611-51470 WORKERS COMP PREMIUM 850.00 0.00 0.00 ) 8.42) 0.00 858.42 0.99- 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 88.55 0.00 451.45 16.40 TOTAL PERSONNEL SERVICES 212,100.00 15,468.14 0.00 129,194.41 0.00 82,905.59 60.91 SUPPLIES 5611-52010 OFFICE SUPPLIES 7,000.00 1,851.57 0.00 2,341.98 16.60 4,641.42 33.69 5611-52040 POSTAGE 1,720.00 18.39 0.00 261.84 91.00 1,367.16 20.51 5611-52130 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 3,200.00 1,257.41 0.00 2,878.85 197.08 124.07 96.12 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 11,920.00 3,127.37 0.00 5,482.67 304.68 6,132.65 48.55 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 3,000.00 0.00 0.00 1,779.91 0.00 1,220.09 59.33 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,000.00 0.00 0.00 1,779.91 0.00 1,220.09 59.33 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 485,110.00 0.00 0.00 125,105.25 0.00 360,004.75 25.79 5611-56040 SPECIAL SERVICES 124,950.00 8,971.30 0.00 90,832.61 0.00 34,117.39 72.70 5611-56080 ADVERTISING 50,500.00 3,577.00 0.00 29,923.90 0.00 20,576.10 59.26 5611-56090 COMMUNITY DEVELOPMENT 51,500.00 1,400.00 0.00 33,967.77 0.00 17,532.23 65.96 5611-56110 COMMUNICATIONS 6,020.00 399.38 0.00 3,534.05 0.00 2,485.95 58.71 5611-56180 RENTAL 17,100.00 1,410.48 0.00 12,036.93 319.34 4,743.73 72.26 5611-56210 TRAVEL AND TRAINING 31,350.00 247.12 0.00 7,563.73 52.29 23,733.98 24.29 5611-56250 DUES & SUBSCRIPTIONS 6,380.00 46.00 0.00 3,587.95 0.00 2,792.05 56.24 5611-56310 INSURANCE 2,500.00 0.00 0.00 303.00 0.00 2,197.00 12.12 5611-56510 AUDIT AND LEGAL SERVICES 12,500.00 52.50 0.00 6,004.75 0.00 6,495.25 48.04 5611-56570 ENGINEERING - ARCHITECT SVC 67,950.00 3,212.00 0.00 44,403.73 0.00 23,546.27 65.35 5611-56610 UTILITIES - ELECTRIC 3,000.00 221.90 0.00 2,408.41 0.00 591.59 80.28 TOTAL CONTRACTUAL SERVICES 858,860.00 19,537.68 0.00 359,672.08 371.63 498,816.29 41.92 6-20-2007 08:48 AM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2007 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 DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE 294,250.00 20,405.30 0.00 164,263.05 0.00 129,986.95 55.82 TOTAL DEBT SERVICE & CAP. REPL 294,250.00 20,405.30 0.00 164,263.05 0.00 129,986.95 55.82 CAPITAL OUTLAY 5611-58110 LAND 205,000.00 0.00 0.00 0.00 0.00 205,000.00 0.00 5611-58120 DEVELOPMENT FEES 25,000.00 0.00 0.00 25,000.00 0.00 0.00 100.00 5611-58210 STREETS & ALLEYS 150,070.00 164,968.54 0.00 198,686.32 0.00 ( 48,616.32) 132.40 5611-58810 COMPUTER HARD/SOFTWARE 1,500.00 0.00 0.00 0.00 0.00 1,500.00 0.00 5611-58830 FURNITURE & FIXTURES 10,000.00 115.35 0.00 5,152.81 0.00 4,847.19 51.53 5611-58995 CONTRA CAPITAL OUTLAY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL CAPITAL OUTLAY 391,570.00 165,083.69 0.00 228,839.13 0.00 162,730.87 58.44 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 6,000.00 0.00 0.00 5,000.00 0.00 1,000.00 83.33 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 6,000.00 0.00 0.00 5,000.00 0.00 1,000.00 83.33 TOTAL DEVELOPMENT CORP-WEDC 1,777,700.00 223,622.38 0.00 894,231.25 676.31 882,792.44 50.34 TOTAL EXPENDITURES 1,777,700.00 223,622.38 0.00 894,231.25 676.31 882,792.44 50.34 REVENUE OVER (UNDER) EXPENDITURES ( 555,230.00) ( 89,633.16) 0.00 ( 87,984.34) ( 676.31) ( 466,569.35) 15.97 *** END OF REPORT *** 6-22-2007 10:08 AM DETAIL LISTING PAGE: 1 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: May-2007 THRU May-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 POST DATE TRAM # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT--== ====BALANCE==== 5611-52010 OFFICE SUPPLIES BEGINNING BALANCE 490.41 5/01/07 5/02 A87155 CHK: 022702 10243 WALGREEN 000912 8277 MAR GERRY 3.24 493.65 5/09/07 5/09 A87992 CHK: 022850 10385 INVOICE 15041 000392 15041 B-CARD SEELY 85.00 578.65 5/09/07 5/09 A87993 CHK: 022850 10385 INVOICE 15142 000392 15142 GLOSSY PAPER 64.00 642.65 5/09/07 5/09 A87994 CHK: 022850 10385 INVOICE #15143 000392 15143 ENVEL/PAPER 79.80 722.45 5/09/07 5/09 A87995 CHK: 022850 10385 INVOICE 15144 000392 15144 DIVIDR/BINDR 36.34 758.79 5/16/07 5/17 A88428 CHK: 022929 10522 AMEX CHGS APR07 000035 87002 APR07 1,583.19 2,341.98 MAY ACTIVITY DB: 1,851.57 CR: 0.00 1,851.57 5611-52040 POSTAGE BEGINNING BALANCE 243.45 5/01/07 5/02 A87155 CHK: 022702 10243 USPS 000912 8277 MAR GERRY 1.59 245.04 5/16/07 5/17 A88428 CHK: 022929 10522 AMEX CHGS APR07 000035 87002 APR07 16.80 261.84 MAY ACTIVITY DB: 18.39 CR: 0.00 18.39 5611-52130 TOOLS & EQUIPMENT BEGINNING BALAN C E 0.00 5611-52160 TOOLS/EQUIP- $100-$999.99 BEGINNING BALANCE 0.00 5611-52810 FOOD SUPPLIES BEGINNING B A LAN C E 1,621.44 5/01/07 5/02 A87155 CHK: 022702 10243 WALMART 000912 8277 MAR GERRY 37.41 1,658.85 5/08/07 5/08 A87756 CHK: 022808 10344 120161 APR20 BUFFET PAND 000832 120161 1,120.00 2,778.85 5/18/07 5/18 A88478 CHK: 022956 10558 BREAKFAST-BUS CARD EXCHG 000468 106177 10166 100.00 2,878.85 __= MAY ACTIVITY DB: 1,257.41 CR: 0.00 1,257.41 5611-52990 OTHER BEGINNING BALANCE 0.00 5611-54630 TOOLS & EQUIPMENT 6-22-2007 10:08 AM DETAIL LISTING PAGE: 2 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: May-2007 THRU May-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 POST DATE TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT---- ====BALANCE==== BEGINNING B A LAN C E 0.00 5611-54810 COMPUTER HARD/SOFTWARE BEGINNING BALANCE 1,779.91 5611-54990 OTHER BEGINNING BALAN C E 0.00 5611-56030 INCENTIVES BEGINNING BALAN C E 125,105.25 5611-56040 SPECIAL SERVICES BEGINNING BALANCE 81,861.31 5/02/07 5/02 A87251 CHK: 022720 10250 COOPER WATER 000101 126-0290-02 MAR07 12.15 81,873.46 5/08/07 5/08 A87683 CHK: 022799 10334 MOWING-BEHIND SUBWAY 001173 043007 COOPER DR 60.00 81,933.46 5/10/07 5/11 A88068 CHK: 022855 10405 212522 WOOD WASTE GRINDI 002237 212522 8,217.00 90,150.46 5/18/07 5/18 A88482 CHK: 022950 10558 SHIRTS WYLIE TEXAS 001635 002605 SHIRTS 100.00 90,250.46 5/18/07 5/18 A88527 CHK: 022958 10562 PEST CONTROL 000792 6685 WEDC 95.00 90,345.46 5/23/07 5/23 A88972 CHK: 023059 10659 OFFICE CLEANING SERVICE 002093 051507 APR/MAY 400.00 90,745.46 5/29/07 5/30 A89350 CHK: 023163 10757 ROW MOWING 001173 050707 HWY78/BEH 75.00 90,820.46 5/31/07 5/31 A89588 CHK: 023204 10794 706 COOPER WATER 000101 126-0290-02 APR07 12.15 90,832.61 5/31/07 6/08 B10775 01542 corr. to reflect project acctg JE# 003272 2,739.00CR 88,093.61 5/31/07 6/08 B10775 01542 corr. to reflect project acctg JE# 003272 2,739.00 90,832.61 5/31/07 6/08 B10775 01542 corr. to reflect project acctg JE# 003272 8,217.00CR 82,615.61 5/31/07 6/08 B10775 01542 corr. to reflect project acctg JE# 003272 8,217.00 90,832.61 MAY ACTIVITY DB: 19,927.30 CR: 10,956.00CR 8,971.30 5611-56080 ADVERTISING BEGINNING BALAN C E 26,346.90 5/30/07 5/30 A89545 CHK: 023196 10789 1/4 PAGE AD 002207 1500320251 AD 3,577.00 29,923.90 MAY ACTIVITY DB: 3,577.00 CR: 0.00 3,577.00 5611-56090 COMMUNITY DEVELOPMENT BEGINNING BALANCE 32,567.77 5/08/07 5/08 A87755 CHK: 022808 10344 118434 AM NTL BK RECEPTI 000832 118434 500.00 33,067.77 5/08/07 5/08 A87757 CHK: 022808 10344 122049 AM NTL BANK RECP 000832 122049 150.00 33,217.77 5/09/07 5/09 A87998 CHK: 022849 10385 FFA GOLD SPONSORSHIP 001501 WSS015 GOLD SPNSR 550.00 33,767.77 5/16/07 5/17 A88428 CHK: 022929 10522 AMEX CHGS APR07 000035 87002 APR07 200.00 33,967.77 -- - MAY ACTIVITY DB: 1,400.00 CR: 0.00 1,400.00 6-22-2007 10:08 AM DETAIL LISTING PAGE: 3 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: May-2007 THRU May-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 POST DATE TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== 5611-56110 COMMUNICATIONS BEGINNING BALANCE 3,134.67 5/16/07 5/16 C10555 RCPT 00286679 04589 SAMUEL SATTERWHITE/CELL USE 65.67CR 3,069.00 5/18/07 5/18 A88473 CHK: 022945 10558 CELL PHONES 000298 199891 4/15-5/24 277.30 3,346.30 5/18/07 5/18 A88562 CHK: 022975 10570 OFFICE PHONE BILL 000192 972-442-7901 MAY07 92.75 3,439.05 5/23/07 5/23 A88971 CHK: 023058 10659 INTERNET SERVICE 002052 019016 MAYO7 95.00 3,534.05 MAY ACTIVITY DB: 465.05 CR: 65.67CR 399.38 5611-56180 RENTAL BEGINNING B A LAN C E 10,626.45 5/02/07 5/02 A87264 CHK: 022727 10250 COPIER RENTAL 002075 6745144618 APR-MAY 319.34 10,945.79 5/18/07 5/18 A88528 CHK: 022960 10562 B & W COPIES 002051 102514 COPIES 25.54 10,971.33 5/18/07 5/18 A88529 CHK: 022960 10562 COLOR COPIES 002051 102518 COLOR 165.60 11,136.93 5/30/07 5/30 A89497 CHK: 023184 10784 RENT -JUNE07 002050 053007 900.00 12,036.93 MAY ACTIVITY DB: 1,410.48 CR: 0.00 1,410.48 5611-56210 TRAVEL AND TRAINING BEGINNING BALANCE 7,316.61 5/10/07 5/11 A88064 CHK: 022853 10405 050707 MILEAGE 04/01 - 0 001899 050707 MILEAGE 72.50 7,389.11 5/16/07 5/17 A88428 CHK: 022929 10522 AMEX CHGS APR07 000035 87002 APR07 174.62 7,563.73 MAY ACTIVITY DB: 247.12 CR: 0.00 247.12 5611-56220 PROFESSIONAL TRAINING BEGINNING BALAN C E 0.00 5611-56250 DUES & SUBSCRIPTIONS BEGINNING B A LAN C E 3,541.95 5/09/07 5/09 A87925 CHK: 022836 10375 INSIDE COLLIN COUNTY BUS 000856 041907 2YR SUBSCR 46.00 3,587.95 = MAY ACTIVITY DB: 46.00 CR: 0.00 46.00 5611-56310 INSURANCE BEGTNNING BALANCE 303.00 6-22-2007 10:08 AM DETAIL LISTING PAGE: 4 FUND : 111-WYLIE ECONOMIC DEVEL CORP PERIOD TO USE: May-2007 THRU May-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 POST DATE TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== 5611-56510 AUDIT AND LEGAL SERVICES BEGINNING BALANCE 5,952.25 5/09/07 5/09 A87912 CHK: 022839 10375 ATTORNEY FEES 000315 340-01 050307 52.50 6,004.75 MAY ACTIVITY DB: 52.50 CR: 0.00 52.50 5611-56570 ENGINEERING - ARCHITECT SVCS BEGINNING BALANCE 41,191.73 5/23/07 5/23 A88966 CHK: 023055 10659 MARTINEZ LANE 000968 477997 334-70017 2,349.50 43,541.23 5/31/07 6/08 810774 01542 je 3271; reclass JE# 003271 862.50 44,403.73 5/31/07 6/08 B10775 01542 corr. to reflect project acctg JE# 003272 3,606.73CR 40,797.00 5/31/07 6/08 B10775 01542 corr. to reflect project acctg JE# 003272 3,606.73 44,403.73 5/31/07 6/06 B10775 01542 corr. to reflect project acctg JE# 003272 2,349.50CR 42,054.23 5/31/07 6/08 810775 01542 corr. to reflect project acctg JE# 003272 2,349.50 44,403.73 MAY ACTIVITY DB: 9,168.23 CR: 5,956.23CR 3,212.00 5611-56610 UTILITIES - ELECTRIC BEGINNING BALAN C E 2,186.51 5/09/07 5/09 A87928 CHK: 022836 10375 WATER BILL - OFFICE 002091 124-0020-00 MAR 8.98 2,195.49 5/25/07 5/25 A89229 CHK: 023142 10723 ELECTRIC BILL 002091 301-1901-98-4 APR 212.92 2,408.41 MAY ACTIVITY DB: 221.90 CR: 0.00 221.90 5611-57110 DEBT SERVICE BEGINNING BALANCE 143,857.75 5/18/07 5/18 A88651 CHK: 022986 10575 0104015301 52607 PAY #19 001792 0104015301 52607 10,889.12 154,746.87 5/18/07 5/18 A68652 CHK: 022988 10575 PAY #10 MAY 2007 002048 PAY#10 3,774.70 158,521.57 5/22/07 5/23 A88803 CHK: 023015 10631 39 JUNE07 000891 39 JUNE07 5,741.48 164,263.05 MAY ACTIVITY DB: 20,405.30 CR: 0.00 20,405.30 5611-58110 LAND BEGINNING BALAN C E 0.00 5611-58120 DEVELOPMENT FEES 6-22-2007 10:08 AM DETAIL LISTING PAGE: 5 FUND : 111-WYLIE ECONOMIC DE`✓EL CORP PERIOD TO USE: May-2007 THRU May-2007 DEPT : 611 DEVELOPMENT CORP-WEDC ACCOUNTS: 5611-52010 THRU 5611-58830 POST DATE TRAN # REFERENCE PACKET DESCRIPTION VEND INV/JE # NOTE AMOUNT==== ====BALANCE==== BEGINNING BALANCE 25,000.00 5611-58210 STREETS & ALLEYS BEGINNING B A LAN C E 33,717.78 5/04/07 5/04 A87560 CHK: 022774 10297 ENGINEERING SERVICES 000968 471551 862.50 34,580.28 5/11/07 5/11 A88066 CHK: 022857 10405 PAY REQ #2 042507 MARTIN 002133 PAY REQ#2 164,968.54 199,548.82 5/31/07 6/08 810774 01542 je 3271; reclass JE# 003271 862.50CR 198,686.32 5/31/07 6/08 B10775 01542 corr. to reflect project acctg JE# 003272 164,968.54CR 33,717.78 5/31/07 6/08 B10775 01542 corr. to reflect project acctg JE# 003272 164,968.54 198,686.32 _____________ MAY ACTIVITY DB: 330,799.58 CR: 165,831.04CR 164,968.54 5611-58810 COMPUTER HARD/SOFTWARE BEGINNING BALAN C E 0.00 5611-58630 FURNITURE & FIXTURES BEGINNING BALAN C E 5,037.46 5/01/07 5/02 A87155 CHK: 022702 10243 HOBBY LOBBY 000912 8277 MAR GERRY 115.35 5,152.81 MAY ACTIVITY DB: 115.35 CR: 0.00 115.35 * * * * * * * * * * * * * 000 ERRORS IN THIS REPORT! * * * * * * * * * * * * * * ** REPORT TOTALS ** --- DEBITS --- --- CREDITS --- BEGINNING BALANCES: 551,882.60 0.00 REPORTED ACTIVITY: 390,963.16 182,808.94CR ENDING BALANCES: 942,845.78 182,808.94CR Wylie Economic Development Corporation Balance Sheet Sub ledger May 31, 2007 Notes Payable Payment Principal Interest Principal Balance April 30, 2007 $1,185,786.33 May Inwood(#19 of 120) $10,889.12 $7,319.77 $3,569.35 $739,296.37 Birmingham(#39 of 60) 5,741.48 5,051.86 689.62 113,168.44 Hughes(#10 of 120) 3,774.70 2,169.95 1,604.75 318,779.94 May 31, 2007 $1,171,244.75 Wylie Economic Development Corporation Balance Sheet Subledger May 31, 2007 Inventory-Land Address Acreage Improvements (sq.ft.) Cost Basis McMasters 709 Cooper 0.48 n/a 202,045.00 Martinez Martinez Lane 25.00 n/a 639,000.00 JTM Sale -2.00 -51,032.00 Hughes 211 -212 Industrial 0.74 10,000 420,361.00 R.O.W. 0.18 41,585.00 Ferrell 2806 F.M. 544 1.09 6,500 239,372.00 Sale of R.O.W. -0.09 -20,094.00 Heath 706 Cooper 0.46 3,625 186,934.00 Perry 707 Cooper 0.491 4,800 200,224.00 Total 26.35 1,858,395.00 *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. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF MAY 2007 MONTH WEDC WEDC WEDC DIFF % DIFF 2005 2006 2007 06 VS 07 06 VS 07 DECEMBER $58,817 $74,957 $82,910 $7,953 10.61 JANUARY 58,034 74,764 86,614 11,849 15.85% FEBRUARY 96,492 110,794 121,615 10,820 9.77% MARCH 55,710 88,544 83,172 -5,372 -6.07% APRIL 58,530 67,714 81,377 13,663 20.18% MAY 92,311 113,042 124,616 11,575 10.24% JUNE 69,185 86,454 J U LY 69,448 89,148 AUGUST 98,067 122,188 SEPTEMBER 70,260 69,876 OCTOBER 53,819 78,861 NOVEMBER 104,937 122,383 Sub-Total $885,609 $1,098,726 $580,304 $50,488 9.53% AUDIT ADJ TOTAL $885,609 $1,098,726 $580,304 $50,488 9.53% WEDC SALES TAX ANALYSIS $140,000 $120,000 7 It if 4 $100,000 '_' y I $80,000 ,. } _ z ' # !mow $60,000 t4 1 p" +�r�', i■2007 1 $40,000 I ,• s s m r: ' a $0 t .., ° a c `m a Z 2 i a a a -) 3 E o E aa) N a 2 Q a) 0 m a LL CDO Z Wylie City Council CI__14/TY OF WYLIE AGENDA REPORT Meeting Date: July 10,2007 Item Number: C (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: 07/02/07 Budgeted Amount: Exhibits: 3 Subject Consider, and act upon, Ordinance No. 2007-20 amending City of Wylie Comprehensive Zoning Ordinance No. 2001-48, Article 9 (Nonconforming Uses and Structures) setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. Recommendation Motion to approve Ordinance No. 2007-20, amending Article 9 and setting forth procedures to apply current regulatory systems to projects to the extent reasonably possible. Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Article 9 of the Comprehensive Zoning Ordinance of the City, is amended herein by the granting of this Ordinance. Approved By Initial Date Department Director RO 7/02/07 City Manager Page 1 of 1 ORDINANCE NO. 2007-20 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE 9 (NONCONFORMING USES AND STRUCTURES) OF THE COMPREHENSIVE ZONING ORDINANCE NO. 2001-48, WHICH IS INCORPORATED AS APPENDIX A OF THE WYLIE CODE OF ORDINANCES, AS AMENDED, TO PROVIDE PROCEDURES TO APPLY CURRENT REGULATORY SYSTEMS TO PROJECTS TO THE EXTENT REASONABLY POSSIBLE AND WITHIN THE CONFINES OF THE LAW AND TO DO ALL THINGS REASONABLY POSSIBLE TO PROTECT THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie")to amend Article 9, Comprehensive Zoning Ordinance No. 2001- 48, as amended, to provide procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public; and WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to establish zoning districts within the city limits; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to amend Article 9, Comprehensive Zoning Ordinance No. 2001-48, as amended, to provide procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public, should be amended as set forth in Exhibit A(attached). Ordinance No.2007-20 Amending Article 9-Nonconforming Uses and Structures Comprehensive Zoning Ordinance NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Amendment to Article 9, Comprehensive Zoning Ordinance No. 2001-48, which is incorporated as Appendix A of the Wylie Code of Ordinances ("Code"), as amended, to provide procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public. Amendment to Article 9, Comprehensive Zoning Ordinance No. 2001-48, as amended, to provide procedures to apply current regulatory systems to projects to the extent reasonably possible and within the confines of the law and to do all things reasonably possible to protect the health, safety and welfare of the public, is hereby added to read as shown in Exhibit A(attached): SECTION 3: Savings/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No.2007-20 Amending Article 9-Nonconforming Uses and Structures Comprehensive Zoning Ordinance SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 10`h day of July, 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Abernathy,Roeder, Boyd &Joplin, P.C. Julie Y. Fort City Attorneys Date of publication in The Wylie News—July 18,2007 Ordinance No.2007-20 Amending Article 9-Nonconforming Uses and Structures Comprehensive Zoning Ordinance 14/ Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 10,2007 Item Number: D Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 07/02/07 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2007-21 amending Article II of Subdivision Regulation Ordinance No. 2003-03,by adding Section 2.12 establishing regulations regarding the abandonment of Right-Of-Way. Recommendation Motion to approve Ordinance No. 2007-21, amending Article II of Subdivision Regulation Ordinance No. 2003-03,by adding Section 2.12 establishing regulations regarding the abandonment of Right-Of-Way. Discussion To amend, supplement, or change the regulations provided in the Zoning Ordinance requires passage of an Ordinance making the appropriate amendments; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Article II of the Subdivision Regulations of the City, is amended herein by the granting of this Ordinance. Approved By Initial Date Department Director RO 7/02/07 City Manager 0 Page 1 of 1 ORDINANCE NO. 2007-21 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ARTICLE II, BY ADDING SECTION 2.12, OF THE SUBDIVISION REGULATION ORDINANCE NO. 2003-03, WHICH IS INCORPORATED AS APPENDIX A OF THE WYLIE CODE OF ORDINANCES, AS AMENDED, TO PROVIDE REGULATIONS REGARDING THE ABANDONMENT OF RIGHT-OF-WAY; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Article II, by adding Section 2.12, of the Subdivision Regulation Ordinance No. 2003-03, as amended, to provide regulations regarding the abandonment of right-of-way, should be amended; and WHEREAS, Chapter 211 of the Texas Local Government Code only authorizes Wylie to establish zoning districts within the city limits; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that in the best interest of the citizens of Wylie to amend Article II, by adding Section 2.12, of the Subdivision Regulation Ordinance No. 2003-03, as amended, to provide regulations regarding the abandonment of right-of-way, should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. Ordinance No.2007-21 Amending Article II Adding Section 2.12 Abandonment of Right of Way SECTION 2: Amendment to Article II, by adding Section 2.12, of the Subdivision Regulations Ordinance No. 2003-03, as amended, to provide regulations regarding the abandonment of right-of-way. Amendment to Article II, adding Section 2.12, of the Subdivision Regulations Ordinance No. 2003-03, as amended, to provide regulations regarding the abandonment of right-of-way, is hereby added to read as follows: Section 2.12: Abandonment of Right-of-Way 1. Abandonment of right-of-way may be applied for under the following conditions: a. The request shall be initiated by an abutting property owner of the right- of-way to be abandoned. b. All property owners abutting such right-of-way shall be notified by the applicant of such request by certified letter. A written response from each abutting property owner must be received by the City prior to staff review. c. All public utilities that have an easement or facilities in the right-of-way that is the subject of the request must consent in writing to the abandonment. If it is determined following review of the application by city staff that ongoing utility interests be protected through easement dedications, the applicant or his authorized agent shall be required to develop and submit a plat dedicating such easements. d. A summary of how the city acquired the right-of-way to be abandoned shall be included with the documentation provided by the applicant. e. A certified appraisal of the value of the land to be abandoned shall be submitted to the city by the applicant. The City Council may waive the requirement for an appraisal if Council deems that it is in the best interest of the City and if allowed by law. f. An explanation which identifies why the proposed use of the land to be abandoned is of more benefit to the community under private ownership than retention of the land as public right-of-way shall be provided by the applicant. g. All property owners abutting such right-of-way must execute a release of claims agreement, and indemnify the City of Wylie against all suits, costs, expenses, and damages that may arise or grow out of such abandonment, which agreement shall be provided by the City of Wylie. h. When the required documents, including those sent to public agencies and abutting property owners, along with a cashier's check in the amount of the fair market value has been presented to the Planning Department, a Staff Report will be prepared and then attached to the ordinance for placement on an upcoming Council agenda. The party requesting the abandonment shall be sent advance written notice of the date, time and place that said request will be heard by the City Council. Ordinance No.2007-21 Amending Article II Adding Section 2.12 Abandonment of Right of Way i. A plat or replat shall be submitted to the City combining the abandoned right-of-way into the adjacent platted lots. Such plat or replat shall be submitted to the city within six (6) months of City Council approval or the approval of the abandonment shall expire and be automatically revoked. Abandonment of right-of-way shall not be considered complete until such plat or replat has been prepared in accordance with this ordinance, and approved by the Planning and Zoning Commission, and filed with the appropriate county. 2. Procedure: Formal application for right-of-way abandonment shall be made by the applicant submitting to the Planning Department an application and all required documentation stating reason for abandonment and a description of the land. The City Council shall have the final authority to approve or deny an abandonment request. Applications shall be obtained from the Planning Department. A cashier's check for the fair market value of the right-of-way shall be submitted along with the completed application for abandonment. In the event abandonment is not granted by City Council, the funds provided will be fully refunded to the purchaser(s). The applicant shall have six (6) months from the date of City Council approval of the abandonment to submit and file a plat or replat with the county to incorporate the abandoned right-of-way into the adjacent platted lot(s). No permits shall be issued without a filed plat. The approval shall expire on the last day of the six- month period if all steps are not completed. Reapproval of an abandonment by the City Council may be applied for at any time subsequent to the date such abandonment becomes invalid by following the procedures set forth herein. If the Director of Planning or City Council should deem changes necessary in the reapproval of an abandonment in light of new or significant information or requirements, it shall so inform the applicant. 3. Content: The plat or replat shall be in accordance with the requirements of this Subdivision Ordinance and a note identifying what is being abandoned shall be shown on the plat or replat. 4. Abandonment of Fire Lanes: a. In instances where fire lanes are depicted on a plat of record, the owner of the property may submit request for a certificate of abandonment to Ordinance No. 2007-21 Amending Article II Adding Section 2.12 Abandonment of Right of Way remove the fire lane from the plat. The request shall be submitted to the Director of Planning in the manner prescribed by the Director. b. The request shall include an accurate diagram of the proposed abandonment and reference the exact name of the plat, including volume and page number where the plat was recorded. The request shall be forwarded to the City Council for consideration. c. Notwithstanding any action regarding the certificate of abandonment of a platted fire lane, fire lanes shall be provided in accordance with the City of Wylie Fire Code. d. The certificate of abandonment for a fire lane shall expire if it is not filed with the appropriate county clerk within six (6) months from the date of approval. SECTION 3: Savings/Repealing Clause: Wylie's Subdivision Regulation Ordinance No. 2003-03, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Subdivision Regulation Ordinance No. 2003-03, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance No.2007-21 Amending Article II Adding Section 2.12 Abandonment of Right of Way Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 10th day of July, 2007. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Abernathy, Roeder, Boyd&Joplin, P.C. Julie Y. Fort City Attorneys Date of publication in The Wylie News—July 18,2007 Ordinance No.2007-21 Amending Article II Adding Section 2.12 Abandonment of Right of Way Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 10, 2007 Item Number: 1 (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: 07/05/07 Budgeted Amount: Exhibits: Four Subject Hold a Public Hearing and consider amending Zoning Ordinance No. 2003-25, Section 2.5.4 (Accessory Buildings). Recommendation Motion to amend Zoning Ordinance No. 2003-25, Section 2.5.4 (Accessory Buildings) with clarification that no pressure treated wood is permitted and that all accessory structures 100 square feet or greater be built on cinder blocks or on a concrete base subflooring. Discussion After careful review and consideration, staff has determined that the current accessory building ordinance (Section 2.5.4) is obsolete. Over the past three years numerous cases have come before the ZBA requesting variances to the ordinance for accessory buildings. In a vast majority of these cases the requests were granted. The current ordinance does not take into consideration the widely varying lot sizes and neighborhoods that accessory buildings are placed on. In addition, the current ordinance is outdated in regards to the various types of acceptable building materials that can be used for accessory buildings. As mentioned above, most requested variances were granted. The revised ordinance would have negated the need for approximately 80% of the ZBA cases. The few cases that would still have needed ZBA approval are similar in that the desired construction material was wood. While changing the proposed ordinances to include wood as a building material would have further lessened the need for variance requests, it is staff's opinion to exclude wood that is not prefinished and prefabricated as a suitable material in the proposed ordinance due to concerns over longevity of and maintenance issues with self built wooden accessory structures. The revised ordinance, by using percentages of lot size instead of a fixed accessory building size allows for more flexibility to the property owner while maintaining reasonable building sizes, materials, and number of structures. This new formula basis the accessory building size and total lot coverage on a percentage of the total lot size and square footage of the main structure, unlike the current ordinance that utilizes lot size categories. The simple formula in the proposed ordinance takes into account the wide variety of lot and main structure sizes that are currently in use within the City of Wylie, while the current ordinance groups several lot categories Page 1 of 2 Page 2 of 2 together requiring the need for variances in otherwise unnecessary situations. Lastly, the revised ordinance updates the allowed materials for the construction of an accessory building accounting for technological advances, namely durable vinyl construction and prefinished and prefabricated wood. Planning and Zoning Commission voted 3-2 to approve the proposed amendment as written with clarification that no pressure treated wood is permitted (the building must be prefinished and prefabricated), and that all accessory structures 100 square feet or greater be built on cinder blocks or on a concrete base subflooring. Approved By Initial Date Department Director RO 7/5/07 City Manager P,VN 7/c/o7 DRAFT w/PROPOSED CHANGES Accessory Building Ordinance 4.Accessory Buildings a.Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached.Attached buildings are defined as any building ,Meted: H sharing a common roof with the primary structure. / Deleted: ' Deleted:Except in the Agricultural b. Detached accessory buildings,shall be subject to all of the following regulations,in /l; (AG/30)District,not more than two (2)accessory buildings may be addition to any other applicable regulations of this chapter. NOTE: Accessory ,' ' placed on any residential lot.The buildings in AG/30 zoning districts directly associated with the support of a bona , combined floor area of all accessory buildings shall not exceed six fide private agricultural use pf_theproperty and kiosks, whether for collection, _,' ' hundred(600)square feet or twenty sale, or distribution of goods and services have some differentiating requirements five(25)percent of the primary structure,whichever is less.In no noted separately under the various headings below. , case shall the combined area of the primary structure and accessory ' building(s)exceed the maximum ' percentage of lot coverage allowed h for the zoning district on which the 1. Number of Buildings: structures are placed.¶ a. No more than two (2)accessory buildings may be placed on any gxceotion 1:Accessory buildings located on lots that are between one residential or commercial lot. (1)and two(2)acres in size shall not b. AG/30: The number of accessory buildings that may be placed on an exceed one thousand(1,000)square AG/30 lot is limited by lot coverage (see 4.b.2.b). feet.¶ Exception 2:Accessory buildings c. Kiosks: Kiosks may only be placed on commercial lots and are limited in located on lots that are two(2)acres or more in size shall not exceed three number to one kiosk per 50,000 square feet of building floor space or any ', thousand(3,000)square feet.¶ fraction thereof. ¶Barns and Stables:In the Agricultural (AG/30)zoning districts,barns and/or stables directly associated with the 2. Size Limitations: support of a bonafide private a. The combined floor area of all accessory buildings shall not exceed five ', agricultural use of the property shall , ' be limited in area to that allowed by (5)percent of lot coverage or sixty(60)percent of the primary structure, , ' the building code for their use and whichever is less. In no case shall the combined area of the primary ', construction type,but in no case shall structure and accessory building(s)exceed the maximum percentage of ' the combined floor area of the primary use and all accessory lot coverage allowed for the zoning district on which the structures are ', , buildings exceed the maximum placed. , ' percentage of lot coverage allowed ' ' for in the Agricultural(AG/30)zoning b. AG/30: Barns and/or stables shall be limited in area to ten (10)percent of district.Said barns and/or stables lot coverage. , ' shall not be located within fifty(50) feet of any property line.Commercial 3_Setback Requirements: F ,, equestrian or rodeo arenas whether ` ' enclosed,partially enclosed,or open a. Street:Accessory buildings shall not extend beyond a platted front, side air shall require a Specific Use Permit as provided in section 5.4"Special or rear building line adjacent to a street. If no building line exists `, Use Permits"of this ordinance.¶ adjacent to a street on an approved plat,the building shall not be Formatted:Bullets and Numbering located closer than ten (10)feet from the property line. Formatted:Bullets and Numbering b. Easement: No accessory building shall be located within any easement. Formatted:Bullets and Numbering c. Front: Accessory buildings shall not be located closer to the front Deleted:(b)Accessory buildings property line than the main building or the front yard setback ,' shall not extend beyond a platted requirement for that zoning district,whichever is greater. front,side or rear building line adjacent to a street.If no building line d. Side:Accessory buildings shall not be located closer then five (5)feet to exists adjacent to a street on an the side property line when the accessory building is located behind the approved plat,the building shall not be main building. When the accessory building is located in the side yard, fromth sided perthayline.ten )feet from the side property line. DRAFT w/PROPOSED CHANGES the setback for the accessory building will be the same as the setback -(Deleted: ¶ requirement for the main building Deleted:(a)Ten(10)feet if the rear e. Rear:When the accessory building is a garage or carport with rear - -- property line is adjacent to a street access,the rear setback shall be a minimum of twenty(20)feet from (b)In wa ¶ (b)In situations other than those the property line. All other accessory buildings shall not be located contained in c.3.above,the rear closer than five (5)feet to the rear property line. setback is five(5)feet. Deleted:Exception:When the accessory building is a garage with f. Other Structures-Accessory buildings,other than carports,shall not be ,' rear access,the rear setback shall be located within five (5)feet of any other structure. , a minimum of twenty(20)feet from the property line. q. AG/30: Barns and/or stables shall not be located within fifty(50)feet of Deleted:¶ any property line or dwelling. Deleted:¶ 4. Roof: (4)Other Structures-Accessory buildings shall not be located within a. The minimum roof slope for all accessory buildings shall be 3:12, unless five(5)feet of any other structure.¶ the accessory building is prefabricated, pre-finished, and covers less Exception:Carports. _ then three (3)percent of the lot or is a carport. p..The color and Deleted:(1)The minimum roof slope materials of the roof of the accessory building must closely resemble s for all accessory buildings shall be the color and materials of the roof of the main building, unless the E.12.¶ Exception:When the accessory accessory building is prefabricated, pre-finished,and covers less then building is a metal building or carport. three (3) percent of the lot or is a carport. Deleted:¶ Deleted:(2)The color and materials . 5. Exterior Walls: of the roof of the accessory building must closely resemble the color and materials of the roof of the main • building.¶ a. Accessory buildings covering less then two (2)percent of the lot are Exception:When the accessory required to be constructed with exterior walls composed of metal with a building is a metal building,the roof material is not required to closely baked-on enamel or vinyl finish,vinyl,wood building that is prefinished resemble the roof material of the main and prefabricated, composite masonry facade.orxhe same masonry , building. content required of the main structure. a Deleted:¶ (1)Accessory buildings one hundred b. Accessory buildings covering more then two (2)percent of the lot are l twenty(120)square feet and less in required to be constructed with exterior walls composed of composite area are required to be constructed masonry facade material or the same masonry content required of the ", with exterior walls composed of metal t with a baked-on enamel finish, main structure. r composite masonry façade or the c. AG/30 and kiosks: Barns and stables located on property zoned same masonry content required of the main structure.¶ Agricultural (AG/30)or kiosks are exempt from the masonry o (2)Accessory buildings larger than requirement for exterior walls. ,', one hundred twenty(120)square feet p but less than three hundred(300) 6. Height: o square feet in area are required to be '' constructed with exterior walls r,� composed of composite masonry facade material or the same m ...RI a. Accessory buildings shall be limited to a height of not more than fourteen (14)feet to the top of the roof. ' Deleted`' • Deleted: or H b. AG/30: Accessory buildings shall be limited to a height of not more Deleted:I than twenty(20)feet to the top of the roof. Exception:In the Agricultural(AG/30) zoning district,accessory build...f21 • - -Formatted:Bullets and Numbering 1 7. Flooring: - Formatted:Indent:Left: 0.88", a. Accessory buildings 100 square feet or greater shall be placed on • Hanging: 0.25" J cinder blocks or on a concrete base subfloorinq. Formatted:Font:(Default)Axial Formatted:Indent:Left: 0.5" DRAFT w/PROPOSED CHANGES 8. NOTES: [Formatted:Bullets and Numbering a. AG/30: Commercial equestrian or rodeo arenas whether enclosed, --{Deleted:a. partially enclosed,or open air shall require a Specific Use Permit as {Formatted:Bullets and Numbering provided in section 5.4"Special Use Permits"of this ordinance. b. Kiosks, if placed on a parking area,cannot interfere with the parking requirements as set forth in Article 5 of the Zoning Ordinance . Deleted:¶ 1 Deleted: ¶11 ¶ ¶ ¶ Page 2:[1]Deleted Renae 011ie 06/01/2007 1:00:00 PM (1) Accessory buildings one hundred twenty (120) square feet and less in area are required to be constructed with exterior walls composed of metal with a baked-on enamel finish, composite masonry facade or the same masonry content required of the main structure. (2) Accessory buildings larger than one hundred twenty (120) square feet but less than three hundred (300) square feet in area are required to be constructed with exterior walls composed of composite masonry facade material or the same masonry content required of the main structure. (3)Accessory buildings over three hundred (300) square feet in area are required to be constructed with exterior walls composed of the same masonry content required of the main structure. The masonry used on the accessory building shall closely resemble the masonry used in the main building. Exception: Barns and stables located on property zoned Agricultural (AG/30)are exempt from the masonry requirement for exterior walls. Page 2:[2]Deleted Renae 011ie 06/01/2007 1:00:00 PM Exception: In the Agricultural (AG/30) zoning district, accessory buildings shall be limited to a height of not more than twenty (20)feet to the top of the roof. Proposed Accessory Building Ordinance 4. Accessory Buildings a. Attached accessory buildings shall conform to the regulations applicable to the main building to which they are attached. Attached buildings are defined as any building sharing a common roof with the primary structure. b. Detached accessory buildings shall be subject to all of the following regulations, in addition to any other applicable regulations of this chapter. NOTE: Accessory buildings in AG/30 zoning districts directly associated with the support of a bona fide private agricultural use of the property have some differentiating requirements noted separately under the various headings below. 1. Number of Buildings: a. No more than two (2)accessory buildings may be placed on any residential or commercial lot. b. AG/30: The number of accessory buildings that may be placed on an AG/30 lot is limited by lot coverage (see 4.b.2.b). 2. Size Limitations: a. The combined floor area of all accessory buildings shall not exceed five (5) percent of lot coverage or sixty (60) percent of the primary structure, whichever is less. In no case shall the combined area of the primary structure and accessory building(s) exceed the maximum percentage of lot coverage allowed for the zoning district on which the structures are placed. b. AG/30: Barns and/or stables shall be limited in area to ten (10) percent of lot coverage. 3. Setback Requirements: a. Street: Accessory buildings shall not extend beyond a platted front, side or rear building line adjacent to a street. If no building line exists adjacent to a street on an approved plat, the building shall not be located closer than ten (10) feet from the property line. b. Easement: No accessory building shall be located within any easement. c. Front: Accessory buildings shall not be located closer to the front property line than the main building or the front yard setback requirement for that zoning district, whichever is greater. d. Side: Accessory buildings shall not be located closer then five (5)feet to the side property line when the accessory building is located behind the main building. When the accessory building is located in the side yard, the setback for the accessory building will be the same as the setback requirement for the main building. e. Rear: When the accessory building is a garage or carport with rear access, the rear setback shall be a minimum of twenty (20)feet from the property line. All other accessory buildings shall not be located closer than five (5) feet to the rear property line. f. Other Structures -Accessory buildings, other than carports, shall not be located within five (5) feet of any other structure. g. AG/30: Barns and/or stables shall not be located within fifty (50) feet of any property line or dwelling. 4. Roof: a. The minimum roof slope for all accessory buildings shall be 3:12, unless the accessory building is prefabricated, pre-finished, and covers less then two (2) percent of the lot or is a carport. b. The color and materials of the roof of the accessory building must closely resemble the color and materials of the roof of the main building, unless the accessory building is prefabricated, pre-finished, and covers less then two (2) percent of the lot or is a carport. 5. Exterior Walls: a. Accessory buildings covering less than two (2) percent of the lot are required to be constructed with exterior walls composed of metal with a baked-on enamel or vinyl finish, vinyl, wood building that is prefinished and prefabricated, composite masonry facade, or the same masonry content required of the main structure. b. Accessory buildings covering more than two (2) percent of the lot are required to be constructed with exterior walls composed of composite masonry facade material or the same masonry content required of the main structure. c. AG/30: Barns and stables located on property zoned Agricultural (AG/30) are exempt from the masonry requirement for exterior walls. 6. Height: a. Accessory buildings shall be limited to a height of not more than fourteen (14)feet to the top of the roof. b. AG/30: Accessory buildings shall be limited to a height of not more than twenty (20) feet to the top of the roof. 7. Flooring: a. Accessory buildings 100 square feet or greater shall be placed on cinder blocks or on a concrete base subflooring. 8. NOTES: a. AG/30: Commercial equestrian or rodeo arenas whether enclosed, partially enclosed, or open air shall require a Specific Use Permit as provided in section 5.4 "Special Use Permits" of this ordinance. Accessory Building Comparison List Under the current ordinance there have been six residential variances granted for accessory buildings since July 2004. ZBA 2005-12 -304 Harvest Bend • Exterior walls constructed of pre-primed engineered wood. • Current Ordinance-Needed variance for exterior materials (wood). • Proposed Ordinance—No variance needed (prefabricated wood). ZBA 2005-19—513 Valentine • Exterior walls constructed of OSB. • Current Ordinance- Needed variance for exterior materials (wood). • Proposed Ordinance—Need variance for exterior materials (wood not prefabricated). ZBA 2004-09— 1740 McMillen • 2000 square foot building with exterior walls constructed of composite masonry, defined as 3rd accessory building. • Current Ordinance- Needed variance for exterior materials (CM), 3rd accessory building on lot, and size(2000 sq ft.). • Proposed Ordinance—No variance needed. Composite masonry exterior walls allowed. Second garage redefined as an attached building. Maximum size allowed is 2850 sq ft. ZBA 2005-07— 1750 McMillen • 500 square foot building with exterior walls constructed of composite masonry, defined as 3rd accessory building. • Current Ordinance- Needed variance for exterior materials (CM). • Proposed Ordinance—No variance needed. Composite masonry exterior walls allowed. ZBA 2004-14—811 Crestview • 1300 square foot combined shop/carport with metal exterior walls • Current Ordinance—Needed variance for exterior materials and size. • Proposed Ordinance—No variance needed. ZBA 2006-03—931 Oakbrook • 1000 square foot building with exterior walls constructed of composite masonry. • Current Ordinance—needed variance for exterior materials and size. • Proposed Ordinance—No variance needed. Composite masonry allowed. Maximum size is 1301 sq ft. Under the proposed ordinance,five of the six ZBA cases would not have been required. The proposed ordinance eliminates confusion on definitions regarding accessory buildings, allows for accessory buildings that are within the intent of current ordinance, and updates the ordinance to include technological advances in building materials. Additionally, the proposed ordinance would still require a variance for accessory buildings that are proposed under unusual or exceptional circumstances. • �II YP 931 Oakbrook Drive 811 Crestview Lane • 1750 McMillan Road 1740 McMillan Road 1111 .411104. 304 Harvest Bend Drive • ,al Example Prefabricated Accessory Buildings Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 10, 2007 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: Budgeted Amount: Exhibits: One Subject Consider a Policy to support the Neighborhood A.C.T.I.O.N. Plan as a tool to maintain and preserve the quality of older neighborhoods throughout the city. Recommendation Motion to adopt a Policy to support the Neighborhood A.C.T.I.O.N. Plan as a tool to maintain and preserve the quality of older neighborhoods throughout the city. Discussion The development of Accountable Communities Through Involvement of Neighborhoods (A.C.T.I.O.N.) will be the tool for each resident and stakeholder to work together towards greatly improving the quality of life for all residents of Wylie. By creating a forum for citizen involvement in addressing the community's issues through the Neighborhood A.C.T.I.O.N. Plan, we promote creative problem solving and a spirit of teamwork between the residents in the community and the city. This program encourages community defined plans using a city-guided program. Neighborhood planning is an opportunity for citizens to shape the neighborhoods where they live, work, own property, or manage a business. The neighborhood planning process addresses land use, zoning, transportation, and urban design issues. The goal of neighborhood planning is for diverse interests to come together and develop a shared vision for their community. A neighborhood plan: • Represents the views of all the stakeholders that make up a community • Identifies neighborhood strengths and assets • Identifies neighborhood needs and concerns • Establishes goals for improving the neighborhood • Recommends specific recommendations to reach those goals Page 1 of 2 Page 2 of 2 Staff has done an initial survey of the housing stock in five (5) neighborhoods: Calloway Addition, Southside Addition, the J.M. Butler Addition, Railroad Addition, and the Bostic Addition. According to the 2000 Census the (H36)Year Structure Built ranges from as early as 1915 to as current as 2006. The initial idea is to target those neighborhoods that have a very small number of vacant houses as a way of stabilizing these blocks. This approach recognizes that livability and marketability can vary from block to block. There are many facets that will shape the program, and some that might take months/years to fully implement. However, there needs to be short-term signs that plans are being implemented. An immediate action item that can be implemented would be to institute "alarm permitting awareness". The A.C.T.I.O.N. plan can be a platform utilized by the Fire Department to make citizens aware of the safety issues involved with alarm permitting. Not only as an educational tool for awareness, but the City can take a proactive role in getting smoke detectors installed and permitted. Another immediate opportunity for A.C.T.I.O.N. to be utilized will be through the Public Works Department. There are already projects in place that will affect some of these neighborhoods. For instance, the Supplemental Environmental Program to replace defective,private, sanitary sewer lateral lines is in progress. Staff recommends the Bostic Addition as the starting point for the A.C.T.I.O.N. Plan for several reasons. The need is there as well as a desire from some of the residents in that area to get involved. As you know this section does include Third Street where the house explosion took place. I think the City's active role in this community will be well received and possibly serve as a building tool to aid in bringing some sort of comfort back to this area. Where the program will benefit many other departments is that we have already identified the condition of the areas, the boundaries of the neighborhoods have been identified, and the property owners have been identified. By City Departments working as a team, we can better address the needs and concerns of our older communities. Information to be readily available through the neighborhood planning process include: • information on status of properties in community, including ownership,physical condition; • urban design options for revitalizing their community; • sources of financial support; and • information about historic preservation options, the value of National Register and/or local historic district designation, and financial incentive programs. • Information on safety awareness The motto used by American Planning Association is"Making Great Communities Happen". This parallels our City Mission: To be responsible stewards of the public trust, to strive for excellence in public service and to enhance the quality of life for all. By implementing the A.C.T.I.O.N. plan, we are upholding our mission to enhance the quality of life for ALL residents and business owners of our great City. Planning and Zoning Commission voted 4-0 to recommend approval. Approved By Initial Date RO 07/02/07 Department DirectorIc City Manager ►tl ►�� Neighborhood A.C.T.I.O.N Plan Accountable Communities Through Involvement Of Neighborhoods CITY OF WYLIE Planning Department City of Wylie, 2000 Hwy 78 N,Wylie,Texas 75098 (972)442-8158 • P. m.01 il EN Ns IN ini Am.-I rr-Ar 411/14 ; 11 -.-r-t. -- —.--1110111•1 Es...:±. imi;.:=..,....,•-= 0 .. 1,10.0a04,1= gw74011,,,41 a • I 111711fliiiiiiiMITLIITSiroall ...-- - I ! . .„ „.., .....A.11111117111M1 16v, al a , 1 N •- ...-. ( : Nuive .7. •.• i - kile4 r-' : I 77..... 4ig i, , . ....., ,,i, ___, lialaggle 10 j II I .' r , mi. 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Iiimi*-: In I 1 I I'—-- i,' , \, ' HMI 1111 11 111 i 1 11111111 lU I 1 TIT TA \ LEGEND 1 Russell Addition 9 Butler Addition 2 Brown &Burns Addition 1 0 Lavon Terrace Addition 3 Keller's Second Addition 11 Fairview Addition 4 Keller's First Addition 1 2 Bostic Addition 5 Railroad Addition 13 Wylwood Addition 6 Calloway Addition 1 4 Eldridge Addition 7 Southside Addition 15 Caldwell Estates Addition 8 J.M. Butler Addition 1 6 Holiday Terrace Addition ... C I TY CD F VVYL I E te CITY OF WYLIE A. C .T. I . CD . NJ . MAP DATE: FEBRUARY 2007 p., REVISED DATE: —w--- CITY OF WYLIE i Planning Department Neighborhood A.C.T.I.O.N. Plan Program Overview The City of Wylie has grown from a population of approximately 8,716* in 1990 to over 35,000 as of January 1, 2007 and an estimated population of 44,448 by 2010*. While new developments have helped create the population, growth, and success of Wylie, the City has come to recognize a need for individualized attention in Wylie's more established and older communities. The current Land Use Plan provides a broad brush approach that guides the growth of the city. The development of a neighborhood based program would guide the growth and development of the City on the neighborhood level. How does a community come together? ...By being accountable to their community and by being involved in their neighborhood. The development of Accountable Communities Through Involvement of Neighborhoods (A.C.T.I.O.N.) will be the tool for each resident and stakeholder to work together towards greatly improving the quality of life for all residents of Wylie. The A.C.T.I.O.N. Plan is designed to rejuvenate challenged communities, bolster those in danger of deteriorating property values and quality of life and preserve the diversity of all neighborhoods. The objective is to energize the public by encouraging diverse community stakeholders to work together to maintain neighborhoods, preserve open space and promote public safety. By addressing issues identified in the Neighborhood A.C.T.I.O.N. Plan we can engage neighborhoods to join forces to preserve the heritage of this historical city. By creating a forum for citizen involvement in addressing the community's issues through the Neighborhood A.C.T.I.O.N. Plan Program, we promote creative problem solving and a spirit of teamwork between the residents in the community and the city. This program encourages community defined plans using a city- guided program. The A.C.T.I.O.N. Goal Create a bond between neighbors and realize that communities working together and being pro-active for a mutual benefit can best identify and develop solutions to the unique challenges they face. 1 What is a Neighborhood The American Planning Association defines neighborhoods as diverse, dynamic social and economic entities with unique characteristics, which are recognized by residents of both the neighborhood and community at large. The targeted areas will possess these same definitive characteristics, although the approach to each neighborhood would be unique depending on the identified needs. THE A.C.T.I.O.N. PROCESS The neighborhood planning process involves the preparation of a three to five year plan to address the physical, social, economic, housing, parks and open space, and transportation issues of the neighborhood. The planning process is steered by neighborhood residents, business representatives, and city staff. The A.C.T.I.O.N. plan is designed to bring the planning process to the community level and deal with neighborhood threats and opportunities. The program involves a series of neighborhood meetings. The approach in each neighborhood would be unique to that neighborhood, and depends on the identified needs. The identification of neighborhoods are typically defined by its platted subdivision and geographical boundaries. Some subdivisions are grouped together to form a Neighborhood that is homogeneous in character. Neighborhoods were selected based on various criteria including homes built in 1979 and earlier. These neighborhoods are diverse in ethnicity, income, and tenure of householder. PHASE 1 —What do you want? The Planning staff works directly with a neighborhood team from the identified neighborhood. Meeting 1 will allow the residents the opportunity to meet with City Staff. The group is shown their neighborhood's boundaries on a city map and the question is asked: "What do you want to do for your neighborhood?" The group discusses and identifies all of their expectations (Strengths, Weaknesses, Opportunities and Threats) and is asked to identify ten most needed priorities. The commitment on the part of the participating group, as well as staff, is crucial to the success of this program. With those ten priorities, city staff develops a survey in house that is mailed to each property owner in the identified neighborhood boundaries. The survey requests the choice of their top five. Surveys are collected by City Staff and neighborhood volunteers and then tallied by City staff. 2 Once the top five neighborhood-identified priorities are compiled, meeting 2 is held. At this meeting 2, City staff will present the results of the survey. After a brief overview, the group is asked to breakout into one of the five groups of which they have an interest. At each group, staff works to assist them in the creation of action items that they, as a neighborhood with the help of city staff, can work towards in order to address that priority. From each group, a leader is selected. The group is brought back together and each leader with the help of staff as needed, presents their action items to the whole group. Discussions on items missed, additional thoughts and ideas continue. With those action items, staff creates a formal A.C.T.I.O.N. Plan Binder for that neighborhood. Each leader receives this information. The Neighborhood leader would present their A.C.T.I.O.N. Plan to P&Z and City Council. Staff works closely with each group (leader) to assist in the implementation and continuation of their own action items. PHASE 2 — Implementation Ongoing communication between the Planning Department, and other city departments (i.e., Police, Fire, Code, Parks, Public Works, etc.) and the neighborhood will continue throughout the implementation of the A.C.T.I.O.N. Plan. An annual neighborhood meeting is held to review and reassess the priorities and encourage additional participation. The demonstrated interest by the residents to improve their neighborhood through this process is the guiding force in their A.C.T.I.O.N. Plan success. Some Staff initiated priority items might include: ➢ Safety (ex: Neighborhood Crime Watch program, traffic lights, pedestrian, safety alarms, Safe Routes To School initiative) ➢ Parks and Recreation ➢ Infrastructure (drainage, sewer, upkeep, storm water, streets, water pressure, sidewalks) ➢ Code Enforcement (Beautification efforts, high weeds, abandoned vehicles) ➢ Neighborhood Lighting ➢ Youth Outreach ➢ Abandoned/vacant properties: maintenance city/private. * NTCOG 3 A.C.T.I.O.N. Map Key ID # Subdivision Earliest Year Structure Built 1 Russell Addition 1940 2 Brown & Burns 1930 3 Kellers Second Addn 1955 4 Kellers First Addn 1940 5 Railroad Addn 1930 6 Calloway 1931 7 Southside 1940 8 JM Butler 1969 9 Butler 1955 10 Lavon Terrace 1955 11 Fairview 1965 12 Bostic 1953 13 Wylwood 1962 14 Eldridge 1958 15 Caldwell Estates 1962 16 Holiday Terrace 1977 I I I I I I I / , . , . . I ........._ , . ( Thirc Street 0 • - 1 ...001111111111.... 4 Pourtn Street --.....p-- I , . II 11 , i filltoD 1 I cne 1 i \ /, . \ \ / ,/ , Census Tract 313.04 Block Group 4 Yeller Li i II c v 1 1 .o t t c ( 31 .03 I rK Masters hL, Raili oad. P it l �� S• Crock. tli 7 (1) /,/ Tangle Ier St '5 Buller Add. Texas t"ogy ' -' Cedar Ridge Dr L O ��ar0 1 - .. wet La\on 1 erracc 0 _ I' to .1 Bostic Add. a ggg yiittiamceil a c heatherwood Dr it i u rot as re' - Fairview Add. C�tizens Av4. t+i m `) /14 v, q �— stl $ 3` 1 c itit t.. 0 n H. it Y w 1 -a— AtlLutn m 6 g Whit m 4 tii'v Iv ood Add. �' W ne StGA m i _ •.. -1 -Sto...: ,,.... .. .. - F_str�.tte_St ti , o t, 313.04 1 4 1` --#}E DyLacan w Ln Crestvie ----- ,. J/EISHBORNOOD•TAX LC,S_ PROPERTY OWNERNRME PAOPERTYOWNER ADGRES¢ OWNER CITYWT — PROPERTY LOCATIO& YEAR STRUCTURE TYPE EXTERIOR CONDNION SIOEWALII COMMENTS em13cT11RE --Haw eN4Rucommem.0 ,,, � C 81.0313.01 Bk.Group 9 MALT W4ua41aWacem ._..��.,�,, Goo4Teiil Paw Goo4Fur/Poor 24 Omen..80 Renters iR-1189U11-001A-1 OWNER NAME 6420 BRANDON COURT PLANO,TEXAS 75033 501 STATE HWY 78N 1975 C M F CARPET/f7LE STORE 4ft 1169011-0018-1 OWNER NAME..... ........ 6420 BRANDON COURT PLANO,TEXAS 75093 505 MARBLE ST E 1956 _.-. R -_5 31 1169011001C-1 OWNER NAME 6420 BRANDON COURT PLANO,TEXAS 75093 507 MARBLE ST E 1954 R + _5 _ _____G - 1R1169011-0010-1 OWNER NAME 6420 BRANDON COURT PLANO,TEXAS 75093 501C STATE HWY 78N 1983 C _.._ M F - CARWASH 54R 1169.012-001A-1 OWNER NAME PO BOX 6280 AVON,CO 81620 620 STATE HWY 78 N 1972 C M G __ _ _-_R IR-1169012-0028-1 OWNER NAME --_-_-__ 3105 FIRST STREET WYLIE,TEXAS 75098 2045TH ST 5-_-_-_- 11955 R 9__....__ G - -.... ___..... _ 7R-1169-012-003B-1 OWNER NAME 412 DOGWOOD DRIVE WYLIE_TEXAS 75098 2025TH ST S V - - - VACANT LOT 8R-1189-012-004A-1 OWNER NAME 412 DOGWOOD DRIVE WYLIE.TEXAS 75098 200 5TH STN I 1950 R 9 F - ROOF DAMAGE,POSSIBLE DRAINAGE ISSUES 9 R-1169012-0048-1 OWNER NAME 603 E.MARBLE STREET WYLIE.TEXAS 75098 603 MARBLE ST E , 1950 -_,-_----R_-_-_ W,—_-- P ____-..-_——— -------------------- 10IR1189-013001A-1 OWNER NAME -..-.. 904 FOREST EDGE LANE WYLIE.TEXAS 75098 1085TH ST N-.-.... t 1990 --_... R M....-_ G - -_-DUPLEX _-_-.... -._... _-_.... f!IR1169-013001E1A CANNER NAME 1601 BONANZA DRIVE SACHSE TEXAS 75048 600 MARBLE V - 13 R-1189013-003A-1 OWNER NAME PO BOX 304 WYLIE_TEXAS 75098 104 5TH STN 1949 R W f ------ 19R1189013-0040.1 OWNER NAME PO BOX 304 WYLIE.TEXAS 75098 1005TH ST N t 1930 R W F - SLIGHT ROOF IMPERFECTIONS 15IR-1169014-0010-1_ OWNER NAME 6420 BRANDON COURT PLANO,TEXAS 75093 510 MARBLE ST E 1956 R __ 5 ----- _._161R-1189-014-0338-1 OWNER NAME 407 FOREST LANE..._--_ HUFFMAN.TEXAS T7336 1055TH ST N i 1980 R M._.... G /7R-1169-014005A-1 OWNER NAME 6821 SECO BOULEVARD DALLAS TEXAS 75217 501 OAK STE 1955 .._R— -5......_ G ------ '-- 181R-1189014-0070.1 OWNER NAME 100 N 4TH ST WYLIE,TEXAS 75098 -___- 100 N 4TH ST BLK 14 LOT 78 BB 1953 R 5 G - UPDATED EXTERIOR WORK /9IR-11R9014-008A-1 OWNER NAME PO BOX1138 GREENVILLE,TEXAS 75403 1024TH ST t 1958 R M___ G - 204R-1169014-010B-1 OWNER NAME ----- 110 N 4TH ST WYLIE.TEXAS 75098 110 N 4TH ST 1961 C 3_____ 21 R-1189-014-0110-1 OWNER NAME 8420 BRANDON COURT PIANO,TEXAS 75093 4TH ST BLK 14 LOT 11 12 I 1970 R 0 P • MOBILE HOME PARK 22R-11890160370-1 OWNER NAME 2000 HIGHWAY 78 NORTH WYLIE:TEXAS 75098 BLK 18 LOT 37 V - - .VACANT LOT _.„ 23 1R 1169-0200010-1 OWNER NAME 8501 PLEASANT VALLEY ROAD WYLIE,TEXAS 75098 207 STATE HWY 78 N 1955 C W G - CENTURY 21 OFFICE 211R-1169-0200030.1 OWNER NAME 211 MASTERS AVENUE WYLIE,TEXAS 75098 211 MASTERS AVENUE _ 1955 R W _- G - VICTORIAN STYLE HOME 25R-11690.2000501 OWNER NAME PO BOX352 KILGORE TEXAS 75663 207 MASTERS AVEE _ 1_.., 1961 R __- W__._ 28 R-1169-02003701 _— OWNER NAME 974 MALLARD DRIVE COPPELL,TEXAS 75019 201 STATE HWY 78 N II 1970 _ C M G - .-_FINA FUELING STATION_ 27`R 116902001001 OWNER NAME 974 MALLARD DRIVE COPPELL TEXAS 75019 MASTERS ST,BLK 20 LOT 10 _ - - _-____ - - FINA FUELING STATION 281R-1169021-00101 -__OWNER NAME PO BOX 22 LAVON,TEXAS 75166 -...__100 3RD ST S . 1950 R 5 -_G-- - ------- ---- --------- -29IR-1169021-00201 OWNER NAME __.._ _-.__.. 1025 THIRD STREET WYLIE,TEXAS 75098 102 S THIRD STREET _.... , 1960 R 5 G _ _....._. _... . 30R-1180021-00301 OWNER NAME PO BOX 22 LAVON,TEXAS 75166 104 3RD STS - — V - VACANT LOT 31IR-116932140401 OWNER NAME -.... 1004 LYNDA LANE -... WYLIE,TEXAS 75096_-. 303 MASTERS AVE -.... 1962 R M1...... I 321R-1169-G21-005B-1 OWNER NAME 5 CHELSEA DRNE FORT WORTH TEXAS 76134 307 MASTERS AVE t 1950 R S 33R-1169.021-0078.1 OWNER NAME 305 MASTERS AVENUE EAST WYLIE,TEXAS 75098 305 MASTERS AVENUE EAST 1 1950 R W P ------- 39 R-1169-021-00913-1 OWNER NAME 100 THOMPSON DRIVE RICHARDSON.TEXAS 75080 301 MASTERS AVE E _1 1931/1950 R 5 P 3 RESIDENTIAL STRUCTURES Isee 303 Masten!) 35R-1169021-0099-1 CANER NAME 100 THOMPSON DRIVE RICHARDSON.TEXAS 75080 303 MASTERS AVEE --------------- ---N W P 361R-1169021-0170-1 OWNER NAME _ 4025 GREENFIELD DR _ RICHARDSON.TX 75082 101 2ND ST 5 _ y 1982 R W P _ 37 R-118902241p101 CANNER NAME 904 FOREST EDGE LANE WYLIE, R ..___ —._._ -T ._._._. 1024TH ST --- .TEXAS 75098 38 R-11R9022-0020-1 OWNER NAME 7047 BLYTHE VIEW ROAD ATHENS TEXAS 75752 1044TH ST 1940 R ---__ W P t - -._ _...... 39R-1189022-0030-1 OWNER NAME 804 ELWOOD ROAD IRVING,TEXAS 75081 1084TH STS 1960 V - - - VACANT LOT NEIGHBORHOOD 5 H36.Year Structure Built and H38 Year Householder Moved Into Unit: 2000 Data Subject Numbers Percent YEAR STRUCTURE BUILT TOTAL 843 100% Built 1970 to 1979 338 40.1% Built 1960 to 1969 209 24.8% Built 1950 to 1959 151 17.9% Built 1940 to 1949 52 6.2% Built 1939 or earlier 93 11.0% Neighborhood 5 122 14% TENURE BY YEAR STRUCTURE BUILT Owner-occupied housing units 533 100% Built 1970 to 1979 184 34.5% Built 1960 to 1969 163 30.6% Built 1950 to 1959 88 16.5% Built 1940 to 1949 52 9.8% Built 1939 or earlier 46 8.6% Renter-occupied housing units 261 100% Built 1970 to 1979 145 55.6% Built 1960 to 1969 46 17.6% Built 1950 to 1959 54 20.7% Built 1940 to 1949 0 0.0% Built 1939 or earlier 16 6.1% NEIGHBORHOOD 5 P1 SEX BY AGE Block Group 4,Census Tract 313.04 Total: 1,529 Male: 732 Female: 797 Under 5 years 61 Under 5 years 60 5 to 9 years 69 5 to 9 years 62 10 to 14 years 64 10 to 14 years 60 15 to 17 years 35 15 to 17 years 38 18 and 19 years 26 18 and 19 years 20 20 years 10 20 years 8 21 years 12 21 years 10 22 to 24 years 30 22 to 24 years 26 25 to 29 years 61 25 to 29 years 68 30 to 34 years 55 30 to 34 years 56 35 to 39 years 56 35 to 39 years 68 40 to 44 years 55 40 to 44 years 68 45 to 49 years 36 45 to 49 years 39 50 to 54 years 37 50 to 54 years 39 55 to 59 years 25 55 to 59 years 45 60 and 61 years 11 60 and 61 years 11 62 to 64 years 15 62 to 64 years 19 65 and 66 years 13 65 and 66 years 10 67 to 69 years 15 67 to 69 years 11 70 to 74 years 16 70 to 74 years 35 75 to 79 years 18 75 to 79 years 23 80 to 84 years 8 80 to 84 years 12 85 years and over 4 85 years and over 9 [DATE] Hello! On [DATE], about''?'' members of the Bostic Addition participated in a neighborhood priority-setting workshop with the City of Wylie Planning staff. The attendees confirmed the boundaries of their neighborhood and discussed many concerns, challenges and needs within those boundaries. The question was asked of the Bostic Addition group: What do you want to do for your neighborhood? Many items were discussed and with the assistance of the Planning staff and the group narrowed the lists down to ten. They are all equally important, but we need your help to get to the TOP FIVE Please find the enclosed survey. The list identifies the ten items, in no set order. Please check off FIVE (5) boxes next to the items that are important to you at this time and return in the mail or in person to: Planning Department 2000 Hwy 78 N Wylie, Texas 75098 972-442-8158 Thank you for your time and participation in this survey. [Fecha] iHola! En [ FECHA], sobre9'''? los miembros de la adicion de Bostic participaron en un taller prioridad-que fijaba de la vecindad con la ciudad del personal del planeamiento de Wylie. Los asistentes confirmaron los limites de su vecindad y hablaron de muchas preocupaciones, desafios y necesidades dentro de aquellos limites. La pregunta fue hecha del grupo de Ia adicion de Bostic: z Que quiere usted hacer para su vecindad? Hablaron de muchos articulos y con Ia ayuda del personal de PlanificaciOn y el grupo redujo las listas a diez. Ellos son todos igualmente importantes, pero necesitamos su ayuda para ponernos a el PRIMEROS CINCO Por favor encuentre la revision incluida. La lista identifica los diez articulos, en ninguna orden de juego. Por favor vaya marcando CINCO (5) cajas al lado de los articulos que son importantes para usted en este tiempo y vuelta en el correo o en la persona: PlanificaciOn de Departamento 2000 Hwy 78 N Wylie, Texas 75098 972-442-8158 Gracias por su tiempo y participaciOn en esta revision. CITY OF WYLIE r Neighborhood A.C.T.I.O.N. Plan Our Mission: ...to be responsible stewards of the public trust, to strive for excellence in public service, and to enhance the quality of life for all. Dear resident, City Staff would like to first take this opportunity to say how much we appreciate your participation. Together we'll work towards enhancing and preserving our community's quality of life. From the list below please select ten priorities you feel are important to your community.You may also wish to write in issues that are of importance to you that are not listed. SELECT TEN (10) PRIORITIES FOR YOUR NEIGHBORHOOD You may select from the list or write your own concern ❑ Safety (ex: Crime, traffic lights, pedestrian) ❑ I have an alarm monitoring system ❑ I am interested in alarm Monitoring ❑ Parks and Recreation in General ❑ Infrastructure (drainage, sewer, upkeep, storm water, streets, water pressure, sidewalks) D Code Enforcement(Beautification efforts, high weeds, abandoned vehicles) ❑ School opportunities 0 Economic Development(banks, retail, grocery, etc...) ❑ Neighborhood Lighting ❑ Youth Outreach ❑Abandoned/vacant properties: maintenance city/private. For more information call the Planning Department at (972) 442-8158. • „ 7 • or ....FT ,;-.., •,, ' ,'-,,,, , s., - ,4,•'. Ii - ,. 4 V44•••••:,=. • ' • . . . . . • .. . . , • - •,17.:' . ., . • .. 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Sample Photos _ ill' - .,...ca a: fe y� 14 -4 tf r 1 f ` r Y• '* `ai}ry'(ram" "-, r ., T.• 2- t z ,r: • iy ,.,a r. a r.. .,. r t, t t 4 +a k rr .t.e'",.�` $ q? = t. r., - c ',. ra. :T f' r r i "A, ' �i t . r i, a ,� 1 t 0,-- , '4\ ,_,A,. - ite Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 10, 2007 Item Number: 3 Department: City Manager (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 06-14-07 Budgeted Amount: Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2007-22 granting Farmers Electric Cooperative, Inc., its successor and assigns the franchise and right to conduct the business of acquiring, maintaining, installing and operating an electric system to the City of Wylie and the inhabitants thereof. Recommendation Motion to adopt Ordinance No. 2007-22 granting Farmers Electric Cooperative, Inc., its successor and assigns the franchise and right to conduct the business of acquiring, maintaining, installing and operating an electric system to the City of Wylie and the inhabitants thereof. Discussion The franchise agreement with Farmers Electric has expired. The proposed agreement is the same terms as the franchise agreement, recently signed,between the City of Wylie and Atmos (now Oncor). Approved By Initial Date Department Director JBln 6/14/07 City Manager I V l I V 1 -1/5-10-7 Page 1 of 1 ORDINANCE NO. 2007-22 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS GRANTING TO FARMERS ELECTRIC COOPERATIVE, INC., ITS SUCCESSOR AND ASSIGNS THE FRANCHISE AND RIGHTS TO CONDUCT THE BUSINESS OF ACQUIRING, MAINTAINING, INSTALLING AND OPERATING AN ELECTRIC SYSTEM TO THE CITY OF WYLIE AND THE INHABITANTS THEREOF; GRANTING THE RIGHTS TO USE THE STREETS, ALLEYS AND OTHER PUBLIC WAYS IN THE CITY FOR SUCH PURPOSES; PRESCRIBING THE CONDITIONS, RESTRICTIONS, OBLIGATIONS AND LIMITATIONS UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED; PROVIDING FOR ADEQUATE COMPENSATION TO BE PAID TO THE CITY; PRESCRIBING THE TERMS OF THE FRANCHISE; PROVIDING FOR SAVING, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, FARMERS ELECTRIC COOPERATIVE, INC., (the "COMPANY") is now and has been engaged in the electric light,heat and power business in the state of Texas; and WHEREAS, in furtherance of such business and for many years, the COMPANY erected and maintained certain aspects of its distribution system in the CITY OF WYLIE, TEXAS, ("CITY") pursuant to rights granted the COMPANY under the laws and regulations of the state of Texas, CITY and/or other governmental entity with the authority to contract with and regulate the COMPANY; and WHEREAS, the City Council for the CITY ("City Council") has investigated and determined that it will be advantageous and beneficial for the citizens of the CITY to grant to the COMPANY the right to conduct its electrical business in the CITY and to enter into an agreement governing the terms and conditions of that business; and WHEREAS, it is to the mutual advantage of both the CITY and the COMPANY that an agreement should be entered into between the COMPANY and the CITY establishing the conditions under which the COMPANY shall operate in the CITY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Ordinance No.2007-22 Franchise Ordinance—Farmers Electric Cooperative,Inc. Page 1 488508v1 SECTION 1 : There is hereby granted to COMPANY, its successors and assigns; the right, privilege and franchise to acquire, maintain, install and operate an electric light, heat and power business and system as well as the right to use and occupy the surface and the space below and above any present and future streets, alleys, highways, public utility easements, public ways and other public places (the "Rights-of-Way" or "ROW") in the CITY for the purpose of distributing and transmitting electric service to the CITY and its inhabitants for the considerations, and subject to the conditions,terms, duties, obligations, limitations and regulations, hereinafter prescribed and subject to all statutes, character provisions, ordinances,rules and regulations applicable to the COMPANY and its operations. The use of the term CITY in this Ordinance shall hereinafter mean the CITY's corporate limits as they presently exist or may be adjusted. SECTION 2: COMPANY is granted the right to have, acquire, place, remove, construct, reconstruct, extend, maintain, and operate along, across, on, over, through, above, and under the present and future ROW within the CITY's limits, a system of poles, wires, anchors, cables, manholes, conduits, transformers, insulators, ducts, meters, and other facilities and equipment used in or incident to the providing of electric service (collectively called"Electric Facilities")in the CITY's limits. SECTION 3: All extensions, replacements, construction or reconstruction of any such Electric Facilities, and the location, relocation, routing and re-routing of all Electric Facilities undertaken by the COMPANY within the CITY, either overhead or underground, shall be subject to reasonable control, regulation and direction of the City Manager or his/her designated representative pursuant to reasonable CITY ordinances regulating use of the ROW. All poles used in the electric light, heat and power system shall be of sound material and reasonably straight. The poles shall be so set that they will not interfere with the flow of water in any gutter or drain, and that they will interfere as little as practicable with the ordinary travel on alleys, streets, or sidewalks. Ordinance No.2007-22 Franchise Ordinance—Farmers Electric Cooperative,Inc. Page 2 488508v1 SECTION 4: Restoration of the surface of any street, alley, highway or other public property disturbed by the COMPANY in the building, constructing,renewing or maintaining of its Electric Facilities shall be governed by the CITY's Right of Way Ordinance No. 2001-54, as it exists or may be amended. No street, alley, highway or public place shall be encumbered for a longer period than shall be necessary to execute the work designated by the COMPANY. The CITY may, from time to time, adopt reasonable ordinances regulating its ROW and such work including,but not limited to, the times and extent of any such encumbrances. SECTION 5: The COMPANY shall at all times, use reasonable efforts to extend service and provide electricity to the inhabitants of the CITY within the COMPANY'S service area, taking into consideration the circumstances, conditions and costs involved. The CITY shall not regulate the rates, services or operations, of the COMPANY, except, with respect to operations, to the extent necessary to protect public health, safety, or welfare related to use of CITY's ROW. SECTION 6: In conducting its business and in the construction, reconstruction, location or relocation of any Electric Facilities as provided herein, including but not limited to Section 12, the COMPANY shall comply with all reasonable and lawful regulations and requirements of the CITY or other applicable regulatory authority. Except as provided in Section 12, the CITY shall not, however, require changes to existing Electric Facilities. The City shall not require existing Electric Facilities or any facilities necessary for replacement, maintenance, upgrade or reconstruction thereof to be located underground. Upon failure of the COMPANY to comply with any specific regulation or requirement of the CITY or other applicable regulatory authority, the CITY shall give written notice to the COMPANY specifying with particularity the applicable regulations or requirements of the CITY and each failure of the COMPANY to comply. The COMPANY shall have ninety (90) days to cure the default, unless the CITY reasonably determines and the notice to COMPANY provides that the failure by COMPANY creates a high risk to the health or safety of persons within the CITY , in which case it shall be cured as soon as reasonably possible . If the COMPANY fails to cure during such period the CITY may exercise any remedy available at law or in equity, including initiating a lawsuit against the COMPANY to compel specific performance. Ordinance No.2007-22 Franchise Ordinance—Farmers Electric Cooperative,Inc. Page 3 488508v1 SECTION 7: INDEMNIFICATION. COMPANY DOES HEREBY AGREE TO RELEASE, DEFEND,INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS,OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY'S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), TO THE EXTENT CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF COMPANY, ITS AGENTS, OR ANY OTHER THIRD PARTIES FOR WHOM COMPANY IS LEGALLY RESPONSIBLE, IN ITS/THEIR USE OR OCCUPANCY OF CITY'S RIGHT OF WAY. COMPANY IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS; PROVIDED, HOWEVER, IF A COURT OF COMPETENT JURISDICTION SIGNS A JUDGMENT THAT BECOMES FINAL AND NON-APPEALABLE, DETERMINING THAT THE CITY (WITHOUT WAIVING ANY GOVERNMENTAL IMMUNITY) HAS JOINT, CONCURRENT OR SOLE NEGLIGENCE FOR THE CLAIMS, IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS (THE "JUDGMENT"), THEN COMPANY IS NOT REQUIRED TO INDEMNIFY THE CITY TO THE EXTENT OF THE NEGLIGENCE APPORTIONED TO THE CITY FOR EACH CAUSE OF ACTION IDENTIFIED IN THE JUDGMENT. IN THE EVENT THE JUDGMENT PROVIDES THAT CITY IS JOINTLY, CONCURRENTLY, OR SOLELY NEGLIGENT FOR THE CLAIMS REFERRED TO THEREIN, CITY AGREES TO REIMBURSE COMPANY FOR ALL REASONABLE AND NECESSARY COSTS INCURRED AND PAID BY COMPANY THAT ARE ATTRIBUTABLE TO CITY'S PERCENTAGE OF JOINT, CONCURRENT, OR SOLE NEGLIGENCE, AS SET FORTH IN THE JUDGMENT, INCLUDING REASONABLE AND NECESSARY ATTORNEY'S FEES AND EXPENSES, TO COMPANY WITHIN SIXTY(60)DAYS OF THE DATE OF THE JUDGMENT. IN ITS SOLE REASONABLE DISCRETION,CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY COMPANY IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF COMPANY'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF COMPANY'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS Ordinance No. 2007-22 Franchise Ordinance—Farmers Electric Cooperative,Inc. Page 4 488508v1 AGREEMENT. COMPANY SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF COMPANY FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND COMPANY SHALL BE LIABLE FOR ACTUAL REASONABLE COSTS INCURRED BY CITY. THIS SECTION 7 SHALL APPLY TO ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THIS AGREEMENT AND SURVIVE TERMINATION OF THIS AGREEMENT. SECTION 8: The COMPANY shall maintain all of its Electric Facilities in reasonable operating condition at all times during the continuance of this Ordinance. An exception to the requirements imposed by this paragraph is automatically in effect when services furnished by the COMPANY is interrupted, impaired or prevented by fires, strikes, riots, storms, floods or any other causalities or occurrences beyond the reasonable control of the COMPANY; however, in case such events or occurrences, the COMPANY shall do all things reasonably within its power to restore normal service as soon as practical. SECTION 9: The COMPANY, on the request of any person shall remove, raise or lower its wires temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering wires shall be paid by the benefited party or parties, and the COMPANY may require such payment in advance. The COMPANY shall be given not less than seventy-two (72) hours advance notice for such temporary wire changes. The clearance of wires above ground shall conform to the basic standards of the National Electrical Safety Code, National Bureau of Standards, and U. S. Department of Commerce, as promulgated at the time of erection thereof. SECTION 10: The COMPANY, its successors and assigns, is hereby granted the right, license,privilege and/or permission needed to trim trees upon and overhanging the streets, alleys, sidewalks and public property of the CITY, so as to prevent the branches from coming in contact with the wires or cables of the COMPANY. The COMPANY shall be responsible for Ordinance No. 2007-22 Franchise Ordinance—Farmers Electric Cooperative,Inc. Page 5 488508v1 trimming any tree that contacts the wires or cables of the COMPANY at the request of the City Manager or his/her designated representative, and the CITY shall have the right to supervise and direct any such request. SECTION 11: To indemnify and compensate the CITY for the use of its ROW authorized herein and for the CITY's lawful regulatory functions (which such regulation the CITY shall exercise and to which the COMPANY shall be subject to the extent authorized by law), the COMPANY agrees to pay to the CITY annually a sum of money equal to four percent (4%) of the annual Gross Revenues for the preceding year received by the COMPANY from customers or other sources within the CITY, with the first payment being due and payable on March 15, 2008, and continuing with a like payment being due and payable on that same date each year throughout the remainder of term of this franchise. For purposes of this Section 11, "Gross Revenues" shall mean the gross operating revenue for all electric services provided by Company to its customers within the corporate boundaries of the City as accrued on the Company's books pursuant to the accounting principles established by the Rural Utilities Service of the U. S. Department of Agriculture in 7 CFR 1767 and specifically 1767.26, Accounts 440-456, as amended. The term "gross revenues" shall not include (1) local, state, or federal taxes collected by Company that have been billed to its customers and separately stated on customers' bills, (ii) revenue uncollectible from customers (i.e., bad debts) with billing addresses in the City that was previously included in Gross Revenues, or (iii) contributions in aid of construction (CIAC). "Gross Revenues" shall include franchise paid hereunder. If COMPANY elects to provide customer choice pursuant to the terms of the Public Utility Regulatory Act ("PURA")the fee due under this Agreement shall be based on each kilowatt hour of electricity delivered by COMPANY to each retail customer whose consuming facility's point of delivery is located within CITY's boundaries as provided in Texas Utilities Code section 33.008 for a transmission and distribution utility. Further,the parties agree as follows: A. Payments based on the gross receipts for each of the years subsequent to calendar year 2006 shall be made on or before March 15 of the following calendar year. Ordinance No.2007-22 Franchise Ordinance—Farmers Electric Cooperative,Inc. Page 6 488508v1 B. The CITY agrees that the consideration set forth in the preceding paragraphs shall be paid and received in lieu of any tax, license, charge, fee, rental, expense or any other character of charge for use and occupancy of the streets, alleys and public places in the CITY. This consideration is in lieu of any pole tax, inspection fee tax and any easement or franchise tax whether levied as an ad valorem, special or other character of tax. However, this consideration (1) shall not be in lieu of any imposition expressly provided for herein, (2) shall not be in lieu of the usual general or special ad valorem taxes now or hereafter levied, and (3) shall not be in lieu of any other obligation to make payments or reimbursements to the CITY as provided or required by applicable law. SECTION 12: If reasonably ordered by the CITY in connection with the widening or relocation of any street, alley, drainage system or other public improvement project, the COMPANY shall, upon sixty (60) days notice from the CITY, relocate any Electric Facilities and/or other structures and appurtenances or any extension thereof that are located within any present and future ROW as so directed by the CITY. Such relocation shall be without cost to the CITY. COMPANY shall give the CITY ninety (90) days advance, written notice of the construction of any transmission line within the CITY. COMPANY may make written requests to CITY for extensions of time to relocate Electric Facilities if reasonably needed to complete the relocation and CITY shall not unreasonably deny such requests. SECTION 13: COMPANY shall use reasonable diligence to supply electric utility service to CITY and its inhabitants. SECTION 14: The COMPANY shall not unreasonably discriminate against any person, corporation, firm or association in the charge for electric service or in the services rendered under like - circumstances to customers of the same classification. SECTION 15: The CITY, by the granting of this franchise, does not surrender or to any extent lose, waive, imperil or lessen the lawful powers and rights now or hereinafter vested in the CITY under the Constitution, the Statutes of the state of Texas, the Charter of the CITY or Ordinance No.2007-22 Franchise Ordinance—Farmers Electric Cooperative,Inc. Page 7 488508v1 ordinances of the CITY and the COMPANY, by its acceptance of this franchise, agrees that all lawful regulatory power and rights as the same may from time to time be vested in the CITY and shall be in full force and effect and subject to the exercise thereof by the CITY at any time and from time to time. Nothing contained in this franchise shall limit or interfere with any power conferred upon the Public Utility Commission of Texas or Company by law. SECTION 16: The CITY Manager or his/her designated representative shall have the right, at all reasonable times, after five (5) days notice, to inspect the books and records of the COMPANY relating to calculation of the franchise fee for electricity provided to the City and its inhabitants. SECTION 17: The COMPANY shall have available a map setting forth its distribution system located within the CITY which map shall be corrected and brought up to date from time to time. SECTION 18: The COMPANY shall not sell, exchange, transfer, lease or assign the property rights, franchise or privileges herein granted without thirty (30) days prior written notice of same to the CITY and without the assignee or transferee accepting the terms of this franchise. Upon receipt of such notice the CITY shall at its option, (1) take no action or(2) act to terminate this franchise as of the end of its term. The term "assign" in addition to its generally accepted meaning, shall mean a transfer of ownership of the controlling interest of the COMPANY, but shall not include assignment for financing purposes such as transfer to a trustee or trustees (individual or corporate) as security for bonds or other obligations or securities. SECTION 19: This agreement shall be in full force and effect for the period beginning with the effective date hereof and ending five (5) years after such date. This Ordinance shall be extended for an additional five(5) year period unless either party notifies the other party in writing, delivered no less than ninety (90) days prior to the last day of the initial term, that it declines to renew this Ordinance. Ordinance No.2007-22 Franchise Ordinance—Farmers Electric Cooperative,Inc. Page 8 488508v1 SECTION 20: The City Secretary is hereby authorized and directed to make appropriate endorsements over his/her official hand and seal of the CITY, and attach such endorsements for recording at the conclusion of this Ordinance. The City Secretary shall record the date upon which this Ordinance shall take effect. SECTION 21: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and if any phrase, clause, sentence, of section of this Ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence paragraph or section of this Ordinance; and the City Council hereby declares it would.have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 24: The parties agree that all notices or communications to the other party permitted or required under this franchise shall be delivered to CITY at the following addresses: Mindy Manson City Manager City of Wylie 2000 Hwy 78 N Wylie, Texas 75098 Fax: And to COMPANY at the following address: Fax: Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested or by facsimile. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other party in accordance with the provisions of this Ordinance No.2007-22 Franchise Ordinance—Farmers Electric Cooperative,Inc. Page 9 488508v1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 06-26-07 Item Number: 1-WS Department: City Manager (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 06-05-07 Budgeted Amount: Exhibits: Interlocal agreement Subject Consider, and act upon, authorizing the Mayor to execute an Interlocal Cooperation Agreement between the City of Wylie and the Wylie Independent School District for improvements to Hooper Road, construction of Hensley Lane, and construction of parking at Founders Park. Recommendation Motion to authorize the Mayor to execute the Interlocal Cooperation Agreement between the City of Wylie, Texas and the Wylie Independent School District for the construction of Hensley Lane, Hooper road improvements, and Founders Park parking. Discussion The District has placed $519,686.00 in escrow for the construction of Hensley Lane. The district has previously agreed to pay one-half of the cost of the construction of the Parking for Founders Park. If the District's cost of construction of Hensley Lane is greater than the sum of the money held in escrow and the cost of one half the parking at Founders, the City will pay the difference to the District via credits for future impact fees. If the Districts cost of construction of Hensley is less than the sum of the money in escrow and the cost of one half the parking at Founders the District will pay the City the difference. The Hooper Road improvements are being constructed by Herzog and will be credited toward impact fees. Approved By Initial Date Department Director JB 6-05-07 City Manager 1 - 6 ' 0 7 Page 1 INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS AND THE WYLIE INDEPENDENT SCHOOL DISTRICT This INTERLOCAL COOPERATION AGREEMENT ("Agreement") is executed as of this the 26th day of June, 2007, by and between the Board of Trustees of the Wylie Independent School District, an independent school district and political subdivision of the State of Texas ("District"), and the City of Wylie, Texas, a political subdivision of the State of Texas ("City"), acting by and through their duly authorized representatives. WHEREAS, the District is constructing school facilities within the City on property located at Hooper Road and Hensley Lane as shown on Exhibit A attached hereto and incorporated herein for all purposes ("District Property"); WHEREAS, the City requires two points of access to the District Property; WHEREAS, the City will permit a second point of access across certain City property described on Exhibit A, between points C and D, ("Hensley Lane Property") provided that the District will construct a street on the Hensley Lane Property; WHEREAS, the City will construct certain improvements to Hooper Road adjacent to the District Property; WHEREAS, the District has placed in escrow the sum of$519,686.00 as security for the construction of streets as required by the City; WHEREAS,the City previously paid to the District one half of the cost of construction of a parking lot at the District's stadium in return for the District's agreement to pay one half of the cost of construction of a future parking lot at Founders Park(City Park); and WHEREAS, the Board of Trustees finds that the continuing benefits to be received by entering this Agreement will serve a lawful purpose of the District, and that the terms of this Agreement provided sufficient control over District resources so as to ensure that the public purposes set forth herein will be fulfilled; NOW, THEREFORE, for and in consideration of the covenants, conditions and undertakings hereinafter described, and the benefits to accrue to the citizens of the District and the City, the parties contract, covenant and agree as follows: ARTICLE 1 PERFORMANCE BY THE CITY 1.1 Hooper Road Improvements. The City will design and construct improvements to Hooper Road and no cost to the District,located as shown on Exhibit A between points A and B. 1.2 City Park Parking Lot. The City will use its best and reasonable efforts to complete improvements in the City Park within eighteen (18) months of the date of this Agreement. Based on bids or Interlocal Cooperation Agreement Between The City of Wylie,Texas and the Wylie Independent School District Page 1 of 5 proposals for construction of the improvements to the City Park received by the City, the City and District will determine the cost of the parking lot in the City Park. 1.3 Maintenance and Operation. From and after the completion of construction of improvements to the City Park, the City will operate and maintain the City Park, including the parking lot at no cost to the District. 1.4 Hensley Lane Temporary Right-of-Entry. The City hereby grants to the District a temporary construction right-of-entry on and across the Hensley Lane Property, as reasonable needed, for construction of Hensley Lane by the District. 1.5 Hensley Lane Maintenance. Upon completion of construction of Hensley Lane and acceptance by the City, Hensley Lane shall be a part of the public streets of the City and the City shall maintain Hensley Lane at no cost to the District. ARTICLE 2 PERFORMANCE BY THE DISTRICT 2.1 Hensley Lane Construction. The District will construct a street at no cost to the City on the Hensley Lane Property, and such street shall be constructed in accordance with the City's engineering and design standards for streets. The street will be 39 feet wide,with 8 inch reinforced concrete pavement on 7 inch thick lime stabilized sub grade including associated earthwork, and underground storm drainage improvements. The District will use it's best and reasonable effort to complete Hensley Lane within one year of the completion of Draper Intermediate School. ARTICLE 3 PAYMENT 3.1 Cost of Improvements. The Cost of Improvements means the District funds held in escrow as security for the construction of streets as required by the City in the amount of$519,686.00,plus one half of the cost of the parking lot in the City Park. 3.2 Cost of Construction. "Cost of Construction"means all direct costs of design and construction incurred by a Party, including architectural and engineering design, construction costs, and contract administration costs paid to architects, engineers, or other consultants. Cost of Construction does not include costs of administration by City or District staff. 3.3 Allocation of Cost. 3.3.1 If the District's Cost of Construction of Hensley Lane is greater than the Cost of Improvements, the City will pay the difference to the District. Such payment by the City will be by a credit against future building and impact fees which would otherwise be payable by the District to the City. 3.3.2 If the District's Cost of Construction of Hensley Lane is less than the Cost of Improvements, the District will pay the difference to the City. Such payment by the District shall be within twelve (12)months after the later of: (1) completion of construction of Draper Intermediate School or (2) completion of construction of improvements to the City Park. Interlocal Cooperation Agreement Between The City of Wylie,Texas and the Wylie Independent School District Page 2 of 5 6/25/2007 ARTICLE 4 TERM OF AGREEMENT AND RENEWAL 4.1 Terms of Agreement. The term of this Agreement shall begin on the date first written above and shall terminate when all obligations have been performed and all payments have been made pursuant to Article 3. ARTICLE 5 GOVERNMENTAL FUNCTIONS 5.1 Terms of Agreement. Notwithstanding any provision to the contrary herein, this Agreement is for and with respect to the performance of governmental functions by governmental entities. ARTICLE 6 MISCELLANEOUS 6.1 Other Services. Nothing in this Agreement shall be deemed to create, by implication or otherwise, and duty, responsibility or right as to either the District or the City, except with respect to the City Park, Hooper Road and Hensley Lane as specifically set forth herein. This Agreement does not and shall not be interpreted to limit or extend any governmental authority or discretion except as specifically set forth herein. 6.2 No General Liability. Nothing contained in the Agreement shall be construed as incurring a pecuniary liability or charge upon the general credit of the City or the District or against their taxing power,nor shall the breach of any provision contained in the Agreement impose any pecuniary liability upon the City or the District or any charge upon their general credit or against their taxing power. 6.3 Jurisdiction. Nothing in this Agreement shall be deemed to extend or increase the jurisdiction or authority of either the City or the District except as necessary to give effect to this Agreement. All the governmental functions and services of the City shall be and remain the sole responsibility of the City. All governmental services and functions of the District shall be and remain the sole responsibility of the District. 6.4 Governmental Immunity. Nothing in this Agreement shall be deemed to waive, modify or amend any legal defense available at law or in equity to either the City or the District nor to create any legal rights or claims on behalf of any third party. Neither the City nor the District waives, modifies, or alters to any extent whatsoever the availability of the defense of governmental immunity under the laws of the State of Texas. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship or principal and agent, partners,joint venturers, or any other similar such relationship between the parties hereto. 6.5 No Third Party Beneficiary. This Agreement inures to the benefit of and obligates only the parties executing it. No term or provision of this Agreement shall benefit or obligate any person or entity not a party to it. The parties hereto shall cooperate fully in opposing any attempt by any third person or entity to claim any benefit,protection,release or other consideration under this Agreement. 6.6 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter of this Agreement, and contains all of the covenants and agreements between the parties with respect to such subject matter. Each party to this Agreement Interlocal Cooperation Agreement Between The City of Wylie,Texas and the Wylie Independent School District Page 3 of 5 6/25/2007 acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, that are not set forth in this Agreement, and that no agreement, statement, or promise not contained in this Agreement shall be valid or binding. Exhibit A is attached hereto and incorporated as if fully set forth herein. 6.7 Amendments and Modifications. This Agreement may not be amended or modified except in writing executed by the City and District and authorized by both governing bodies. 6.8 Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof,but rather this entire Agreement will be construed as if not containing the particular invalid or unenforceable provision or provisions, and the rights and obligations of the parties hereto shall be construed and enforced in accordance therewith. The parties hereto acknowledge that if any provision of this Agreement is determined to be invalid or unenforceable, it is their desire and intention that such provision be reformed and construed on such a manner this it will, to the maximum extent practicable, be deemed to be validated and enforceable. 6.9 Construction of Agreement. This Agreement shall be construed without regard to the identity of the person or persons who drafted the provisions contained herein. Moreover, each and every provision of this Agreement shall be construed as if each party hereto participated equally in the drafting hereof. As a result of the foregoing, any rule of construction that the document is to be construed against the drafting parties shall not be applicable to this Agreement. 6.10 Gender,Number of Headings. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, unless the context otherwise requires. The headings and section numbers are for convenience only and shall not be considered in interpreting or construing this Agreement. 6.11 Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall be considered fully executed when all parties have executed an identical counterpart, notwithstanding that all signatures may not appear on the same counterpart. IN WITNESS WHEREOF, the parties have executed and attested this Agreement by their officers thereunto duly authorized as of the date first written above. THE BOARD OF TRUSTEES OF THE THE CITY OF WYLIE, WYLIE INDEPENDENT SCHOOL TEXAS DISTRICT By: By: Name: Name: Title: Title: Interlocal Cooperation Agreement Between The City of Wylie,Texas and the Wylie Independent School District Page 4 of 5 6/25/2007 Exhibit A 7 fY 1, ip / w / NN$ G NEA• « t �' we r � _,. N. `4 :_ aStAYMOND`COOPER tilt` JUNIOR illegal SCHOOL . 8 (? ,16.•••--0 ,(17.. ..7---,, --„, \,.. r 4 ' ,� a r f • _ 1�p Z . rr lig i C l.NlVLtNVDL&TE SCHOOL EXISTING` O HENSLE}' a.te ,,, s''' } s s LANE - ;, ! i ..1— .. ...Atli.1,170.-:' Aligligh-' EXISTING HENSLF) LANE _ Interlocal Cooperation Agreement Between The City of Wylie,Texas and the Wylie Independent School District Page 5 of 5 6/25/2007