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09-11-2007 (City Council) Agenda Packet Wylie City Council Wylie Parks and Recreation Facilities Development OF Corporation Cf1 NOTICE OF JOINT MEETING Regular Meeting Agenda Tuesday, September 11, 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.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE September 11,2007 Wylie City Council Regular Meeting Agenda Page 2 of 4 PRESENTATIONS • First Responder Award to Brandon Gibson (Jim Swartz, CEO of Care Flight/R. Corbin, Fire Chief) • Wylie Telecommunication Appreciation Award (J. Duscio, Assistant Police Chief/R. Corbin, Fire Chief 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. Consider, and act upon, approval of the Minutes from the August 23, 2007 Special Called Meeting,the August 28,2007 Regular Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the City Manager to execute a Step Program Grant, in the amount of $45,634.36, with the State of Texas Department of Transportation. (I Duscio, Assistant Police Chief) RECESS CITY COUNCIL CALL TO ORDER PARKS & RECREATION FACILITIES DEVELOPMENT CORPORATION 1. Consider, and act upon, approval of the Minutes from the December 12, 2006 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary) 2. Consider, and act upon, approval of the FY2007-2008 4B Budget and authorizing expenditures for the FY2007-2008 Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) ADJOURN RECONVENE INTO OPEN SESSION OF THE WYLIE CITY COUNCIL September 11,2007 Wylie City Council Regular Meeting Agenda Page 3 of 4 REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, a change in zoning from Single- Family 10/24 (SF 10/24) to Single-Family 10/24 (SF 10/24) with a Specific Use Permit (SUP) for an Amateur Radio Tower, located at 606 Grassy Glen Drive. Zoning Case 2006-07 (R. 011ie, Planning Director) Executive Summary The subject property is located at 606 Grassy Glen Drive, originally platted in May 2000, the pie-shaped 11,000 square feet lot was zoned SF-3 at that time. November 2001 city-wide amendments to the Zoning Ordinance rezoned the property to Single Family-10/24 District(SF-10/24).A two-story,2,400 square foot single family house was built in late 2001. The applicant proposes to construct a forty (40) foot Amateur Communication Tower to be erected adjacent to the far northeast corner of the existing two-story house on the property. General Business Tabled from August 28, 2007 2. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, amending Planned Development 2002-52 with Specific Use Permit 06-14 zoning to allow for Neighborhood Services District on a 2.03 acre tract within the Planned Development District. Zoning Case 2007-05 (R. 011ie, Planning Director) Executive Summary The applicant is requesting to be tabled until September 25,2007,to allow additional time to complete the Conditions of the Planned Development as requested by City Council. 3. Consider, and act upon, Ordinance No. 2007-29 adopting a budget and appropriating resources for Fiscal Year 2007-2008, beginning October 1, 2007 and ending September 30, 2008 and to include the FY2007-2008 4B Budget, authorizing expenditures for the FY2007-2008 Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) Executive Summary The tax rate being proposed for fiscal year 2007-2008 is$0.73325/$100.This is$.0265/100 higher than last year. For all budgeted funds,the projected totals for available revenues and expenditures are $43,445,200 and$71,475,690 respectively. At its August 14th meeting,Council accepted the proposed Ad Valorem tax rate of$0.73325 per$100 assessed valuation for FY 2007-2008. The Fund summary was published in the Wylie News on August 15, 2007. Council held the required public hearing on the budget on August 28, 2007. 4. Consider, and act upon, ratifying the property tax increase reflected in the approved City of Wylie FY2007-2008 Budget. (L. Williamson, Finance Director) Executive Summary H.B.No. 3195 is new this year. Under Section 4, subsection C the bill states, " Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection September 11,2007 Wylie City Council Regular Meeting Agenda Page 4 of 4 is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26,Tax Code,or other law. 5. Consider, and act upon, Ordinance No. 2007-30 fixing the tax rate/levy for 2007 and for the fiscal year 2007-2008 Budget at $0.73325 per $100 of assessed valuation. (L. Williamson, Finance Director) Executive Summary The tax rate needed to fund the FY 2007-2008 budget is$.73325 per$100.00 of assessed valuation.The tax rate is broken down with $.56195 being used for operations and maintenance and $.17130 being used for the General Debt Service Fund. This tax ordinance will generate new levies of$11,378,107 for the General Fund and $3,468,429 for the General Debt Service Fund. The adopted Fiscal Year budget requires the support of this ordinance. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. WORK SESSION • Presentation update and discussion related to construction of the new Library, Recreation Center and City Hall including "LEEDS" (Leadership in Energy & Environmental Design). (ARCHITEXAS, Architect/Holzman Moss, Architecture) ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 7th day of September, 2007 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas G`gv9g l iC9ile and that the appropriate news media was contacted. As a courtesy, this agenda is also po``�qi ' 1 ;lt6f ,�lif website: www.wylietexas.gov. i SEAL s\s4\07 arole Eh� ich, ity Secretary . Date Notice Removed Wylie City Council CITY OF WYLIE Minutes Special Called Work Session Wylie City Council Thursday, August 23, 2007 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the Special Called Meeting to order at 6:07 p.m. with the following Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman Merrill Young, and Councilman Rick White. Councilman Carter Porter and Councilman David Goss were absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson, and Secretary, Carole Ehrlich. REGULAR AGENDA Public Hearing 1. Conduct a Public Hearing on the proposed tax rate of $0.73325 for Fiscal Year 2007-2008. (L. Williamson, Finance Director) Staff Summary In accordance with the "Truth in Taxation" laws of the State of Texas, on August 14, 2007, the City Council took a roll call vote on the proposed tax rate and scheduled two public hearings on the tax rate. The first public hearing is to be held on August 23, 2007. The second public hearing is scheduled for August 28, 2007. The notice for the two public hearings was published in the McKinney Courier-Gazette and Rowlett News on August 16, 2007, and the Wylie News on August 22, 2007. The purpose of both public hearings is to give the taxpayers an opportunity to express their views on the tax rate. At the end of the second hearing, the City Council must set and announce the date, time, and place of the meeting at which it will vote on the final proposed tax rate. Currently the date has been set for September 11, 2007. Public Hearing Mayor Mondy opened the Public Hearing at 6:09 p.m. Minutes—August 23, 2007 Special Called Work Session Wylie City Council Page 1 Kathy Welp residing at 1508 Evelyne Ct. Wylie Texas addressed Council stating that she was not in favor of the proposed tax increase. She explained that she currently was employed for the City of Richardson and previously employed for the Murphy Economic Development Corporation and felt the taxes in Wylie were much higher than those in surrounding cities. Mayor Mondy clarified the comparative tax rates by stating that the City of Wylie had the lowest crime rate and the very best ISO (1) Fire rating. He explained that this was due to employing more police officers and fire fighters. He explained that in the past 10 years, the tax rate had only been increased one time without voter approval. He explained that the increase proposed this year was directly related to the voters approving bond issues in November of 2005 for new thoroughfares, new library, new recreation center, city hall and other infrastructure items. He stated that citizen approval was the driving force behind the increase in taxes. He explained that the City Council only provided the opportunity to vote on these propositions; the voters ultimately approved them. He thanked Ms. Welp for taking the time to come and address Council regarding the tax proposal explaining that most of the time the public did not voice their views. Mayor Mondy reported that there were some negotiations relating to retail that were being considered by WEDC, the City and retail developers to enhance the retail within Wylie and offset some of the ad valorem taxes. He explained that these types of negotiations took time but the City would see the results within a couple of years. He also mentioned the new sports facility that was in the planning stages. Ms. Welp replied that she voted against the bond program because it was going to raise taxes. She stated that she believed that leadership needed to come from the City Council to keep ad valorem taxes low. She stated that she had spoken during the public forum at the school district as well. Mayor Mondy explained that during the recent budget work sessions, options were discussed regarding the assistance of the 4A and 4B funds to buy down a portion of the tax rate. He stated that Council was cognizant of the need to find ways to keep the tax rate as low as possible. Ms. Welp asked Council if the City offered tax abatement to companies looking to reside in the City. She asked if the City did offer incentives, such as tax abatement, would those incentives cause higher taxes to residents and other businesses. Mayor Mondy replied that the City did not offer tax abatements. He explained that Wylie EDC did, in some cases, assist businesses with infrastructure to make it more lucrative to move in; however the cost of that assistance is weighted on the return the company will provide to the City in sales tax and ad valorem tax revenue; only if the return largely outweighs the expense are those incentives offered. Ms. Welp stated that working with the EDC for Murphy, she was aware of the confidentiality of negotiations, however she requested that Council share these negotiations with the public as much as possible, to allow the public to know the City is working with these retailers. Mayor Pro Tem Byboth reiterated the importance of Council's decision to turn the property at S.H. 544 and McCreary from residential to commercial, noting this was an important decision. He restated that these zoning issues and negotiations take time. He asked that residents be patient, explaining that retail comes from the main highways, such as George Bush Turnpike; retail will take some time to develop in Wylie. He commented that council members do not like paying ad valorem taxes anymore than other residents of Wylie. Marcia Rodriquez residing at 3300 Francis Drive, Wylie Texas addressed Council stating that she had just seen the public notice for the public hearing on the tax rate and noted that communication should be better to the residents of Wylie. She stated that the infrastructure in Wylie was lacking. She stated that she moved to Wylie five years ago and currently resides in the Creekside Estates subdivision. She stated that in her development, she has seen residents lose their homes due to builders allowing them to buy homes that were barely in their income bracket. She stated that these residents were not told the accurate tax amount that would be assessed on the property and some ended up losing their homes. She explained that the assessed values from the appraisal district were not in line with what the homes were selling for Minutes—August 23, 2007 Special Called Work Session Wylie City Council Page 2 and homes are not selling in the current soft market. She stated that she was opposed to the tax increase. Mayor Mondy asked what additional infrastructure she would like to see in Wylie. She stated that she wanted to see more infrastructures at the time of development. Mayor Mondy explained that roads and other infrastructure are not built until they are needed. He explained that every main thoroughfare in the City was funded but the construction had to be staggered to allow flow of traffic. He stated that the bond propositions were compiled by a citizen advisory committee before coming to Council for approval and call for the bond election. Ms. Rodriquez stated that she had attended those special meetings. Mayor Mondy reminded her of the decisions made during those meetings that she attended; the bond committee reviewed all assessment needs of the City and chose the most crucial items for recommendation to the Council. He explained that the Council gave the citizens the opportunity to decide if the propositions were important to them. He reported that he did not have before him the exact results of that election but the construction of a new library was one of the top vote getters. He explained that for every citizen of Wylie there is approximately one square foot in the proposed library. Ms. Rodriquez replied that in her opinion that was a worthy cause. He then stated that citizens were very much in favor of a $10 million dollar Recreation Center which garnered a large majority of the voters. Mayor Mondy asked Ms. Rodriguez if that too was a worthy cause. Ms. Rodriguez replied that yes it was a worthy cause. Mayor Mondy reported that the New City Hall was the one proposition that did not win by many votes. He stated that it was very much needed as the departments were moving out to portable buildings because of over crowding; but it was not considered as great a worthy cause. Ms. Rodriguez suggested postponing some of the bond issues for 5 years when funds might be more available. Mayor Mondy explained that the Council was informed by the financial analysts with the construction, management team that for every month the bond propositions are placed on hold an additional $60,000 in construction cost increases would occur. He explained that if the City waited on some of these projects for five years, the additional cost could be close to $6 million dollars. With no other citizens requesting to speak, Mayor Mondy closed the Public Hearing at 6;35 p.m. ADJOURNMENT With no other business before Council, Mayor Mondy adjourned the meeting at 6:37 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—August 23, 2007 Special Called Work Session Wylie City Council Page 3 IP/ Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, August 28, 2007 - 6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman Carter Porter, Councilman Merrill Young, and Councilman Rick White. Councilman David Goss was 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; Assistant Police Chief, John Duscio; City Engineer, Chris Hoisted; Public Library Director, Rachel Orozco; Human Resource Manager, Lynn Fagerstrom; WEDC Executive Director, Sam Satterwhite; Building Director, Johnny Bray, City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend David Eden of Wylie gave the Invocation and Councilman Porter 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. There were no Wylie Citizens present to address Council during Citizens Comments. 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—August 28, 2007 Wylie City Council Page 1 A. Consider, and act upon, approval of the Minutes from the August 9, 2007 Special Called Meeting and the August 14, 2007 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, authorizing the City Manager to execute an amendment to the Interlocal Agreement with the Collin County Children's Advocacy Center Child Abuse Task Force. (J. Butters, Assistant City Manager) C. Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. (L. Fagerstrom, Human Resources Manager) D. Consider, and act upon, a Replat for Raymond Cooper Junior High School, Block A, Lot 1 to dedicate additional rights-of-way for Hooper Road and necessary utility easements to accommodate the new Draper Intermediate School. Property generally located at the northeast corner of Hooper Road and Hensley Road. (R. 011ie, Planning Director) E. Consider, and act upon, Ordinance No. 2007-26 amending zoning from Agricultural (A) to Agricultural/30 (A/30) District, generally located east of Kreymer Lane and approximately 350 feet south of Brown Street. (1500 Kreymer Lane) ZC 2007-03 (R. 011ie, Planning Director) F. Consider, and act upon, a Final Plat creating one (1) commercial lot for Best Corner Wylie Addition, Block A, Lot 1, generally located on the northeast corner of SH 78 and Kirby Street. (R. 011ie, Planning Director) G. Consider, and place on file, the monthly Revenue and Expense Report for the City of Wylie as of July 31,2007. (L. Williamson, Finance Director) H. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2007. (S. Satterwhite, Executive Director, WEDC) Mayor Mondy requested that Items # C and #F be pulled from the Consent Aqenda for further discussion and consideration. Consensus of Council was to pull and consider individually. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve Items A, B, D, E, G, and H of the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Goss absent. REGULAR AGENDA C. Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, and long term disability and prescription drug coverage. (L. Fagerstrom, Human Resources Manager) Minutes—August 28, 2007 Wylie City Council Page 2 Council Discussion Mayor Mondy asked Human Resource Manager, Lynn Fagerstrom to highlight the differences in the employee insurance coverage from the current year to the proposed FY 2007-2008 budget. Ms. Fagerstrom explained that competitive proposals had been solicited to provide employee group insurance coverage for the 2008 fiscal year. The RFP instructed the insurance providers to submit quotes based on the same level of benefits provided under the current P.P.O. medical plan and the ancillary dental, life and disability policies. She reported that alternate proposals were invited and providers were encouraged to submit options to reduce costs without materially diminishing the existing level of benefits. Ms. Fagerstrom explained that to keep the benefits equal to last year, the premium rates were proposed to go up 21.4%. United Healthcare, represented by Wylie Insurance Agency, provided an additional option that staff felt was the best value to the employees and dependants of the City of Wylie for medical and dental insurance. The premium rates quoted by United reflect an 11.4% increase for medical and 3% increase for dental. These increases are below the current 12.4% nationwide average increase for 2007. There are no benefit changes to the dental, life or long term disability plans. She reported that changes to the medical coverage included: deductible increase from $250.00 to $500.00; office visit co-pay increase from $15.00 to $20.00; annual out-of-pocket maximum increase from $2000.00 to $3000.00. She reported that by making these changes, 10% of the originally proposed increase was avoided. She reported that the City will experience an annual savings of $2,000.00 on our life insurance and the long term disability premium will remain the same as FY2007. F. Consider, and act upon, a Final Plat creating one (1) commercial lot for Best Corner Wylie Addition, Block A, Lot 1, generally located on the northeast corner of SH 78 and Kirby Street. (R. 011ie, Planning Director) Council Discussion Mayor Mondy asked Planning Director 011ie to review the highlights of this proposed final plat. Planning Director 011ie reported that the applicant currently had two adjacent lots that he was proposing on the final plat to combine into one lot; in a effort to meet the parking requirements. Mayor Mondy asked what was being proposed for the Kirby and S.H. 78 jog of the property. Planning Director 011ie reported that a portion of the area in question would become the right of way for the right turn lane. She reported that the right of way portion had previously been deeded to the City. City Engineer Hoisted reported that the area in question had been submitted as part of the TxDOT project for Highway 78. Mayor Mondy asked how much of the project the City would be responsible for. City Engineer Hoisted reported that if for some reason it was not included in the TxDOT improvements, it would more than likely remain in its current configuration. He explained that if improvements to the area were required by the City, the developer would pay a share of that through Thoroughfare Impact Fees. City Manager Manson stated that the road improvement could not be tied back to the plat. She explained that the plat satisfies the technical requirements of the subdivision regulations; therefore, we don't have a choice but to approve it. Councilman Young asked City Engineer Hoisted to clarify that the straightening of the Kirby-S.H. 78 was a public safety issue. City Engineer Hoisted agreed that it was. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Items #C and #F as presented. A vote was taken and passed 6-0 with Councilman Goss absent. Public Hearings 1. Hold a Public Hearing and consider, and act upon, a request for a Specific Use Permit (SUP) for Industrial, (Outside) use on 1.88 acres (Wyndham Estates Phase 3, Lot 1) Minutes—August 28, 2007 Wylie City Council Page 3 generally located east of Eubanks Lane and approximately 1,080 feet south of S.H 78. (3501 Eubanks Lane) ZC 2007-04 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the legal owner of the property has decided not to move forward with the development and request that the zoning case be withdrawn from consideration. Staff received a written letter from the owner, requesting to withdraw this case on July 16th, 2007. However, because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen comment, and then accept the applicant's request for withdrawal. Mayor Mondy opened the Public Hearing at 6:12 p.m. No one was present to address Council regarding Zoning Case No. 2007-04 Mayor Mondy closed the Public Hearing at 6:12 p.m. Council Action A motion was made by Councilman Young, seconded by Councilman White to accept the withdrawal of Zoning Case No. 2007-04 by the applicant. A vote was taken and passed 6-0 with Councilman Goss absent. 2. Hold a Public Hearing and consider, and act upon, amending Ordinance No. 2002-52 with Specific Use Permit 06-14 zoning to allow for Neighborhood Services District on a 2.03 acre tract, Block E, Lots 1 & 2 of the Lake Trails of Bozman Farms Addition. Zoning Case 2007-05 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located at the northeast corner of Collins Boulevard and F.M. 544 within the Bozman Farms Estates & Lake Trails of Bozman Farms Planned Development District (Ordinance No. 2002-52). The 475-acre planned development zoning was adopted by City Council in December 2002 allowing for medium density & multifamily residential uses and some community retail uses in certain areas. In addition, parkland dedications, a pond & landscaped open space areas and other amenities are being provided by the developer. In March 2006, the applicant requested and City Council adopt an amendment to Ordinance No. 2002-52 assigning a Specific Use Permit (SUP 06-14) to allow for a Day Care Facility on the subject property. At that time, developers envisioned this nonresidential use of the property as an appropriate location and a preferable use in providing childcare services to surrounding residential areas. The prospect for a day care facility has yet to materialize and the applicant is proposing other nonresidential uses for the property. Council Discussion Mayor Mondy asked Planning Director 011ie if the Day Care Center was part of the original use of this property. Planning Director 011ie stated that it was not. The original Planned Development was with mixed use and was fashioned on the "village center" concept. The applicant came back in March and requested by right that the Day Care Center be allowed. The applicant was denied and was required to obtain an SUP. She explained that the current request for Neighborhood Services District would include: banks without drive thru, convenience stores, general and medical office; all items mentioned must be under 5,000 sq. ft. or the Minutes—August 28, 2007 Wylie City Council Page 4 business must obtain an SUP and go back before P & Z and Council. Mayor Mondy asked City Engineer Hoisted if the road to the businesses could be accessed from Stone Road. City Engineer Hoisted replied that the access may need to be off Collins. Mayor Mondy asked how that would affect alignment of Stone Road. City Engineer Hoisted replied that would be one of the items reviewed once the applicant had a layout of the property. Mayor Pro Tem Byboth stated that the two entrances to the developments on either side of this proposed Neighborhood Services District were beautiful. He asked what the City could do to insure that the proposed development of the tract was as aesthetically pleasing. Planning Director 011ie reported that the applicant would be required to follow the current design standards for the proposed tract. Mayor Mondy asked the applicant to come forward. Applicant Comments Phil Clegg (applicant) L.T. Lake Trails ltd. located at 1771 Intern'I Parkway, Richardson, TX#127 addressed Council stating that the company did not have a layout of the proposed tract. He explained that the company would not develop it but rather planned to sell it. He stated that it would comply with current design standards. Mayor Mondy asked how the Council could tie in the additional aesthetics to the SUP. Mr. Clegg stated that he would be happy to pass along that information to prospective developers. He reported that any cuts to the street would need to be made on Collins Blvd. whether it was a Day Care Center or a neighborhood development. He reported that he believed there needed to be a low screening wall near the development. Mayor Pro Tem Byboth voiced his concern for the residents in the Collins Estates who would look out their window and see some type of commercial building. He noted that as much as he would like to see commercial come to Wylie, there needed to be a compromise regarding the aesthetics of the commercial property. Mayor Mondy asked Planning Director 011ie how the Council could accomplish these additional requirements. Planning Director 011ie reported that some items were addressed in the design requirements that must conform to designs of the surrounding area; if you wish to incorporate more requirements than the item should be converted to a Planned Development. Applicant Clegg requested that the item be tabled to the September 11, 2007 City Council Meeting to allow the applicant time to review the concerns and recommendations by Council and revise. Public Hearing Mayor Mondy opened the Public Hearing at 6:29 p.m. No one present to address Council regarding Zoning Case No. 2007-05. Mayor Mondy closed the Public Hearing at 6:29 p.m. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to table Item #2, Zoning Case No. 2007-05 to the September 11, 2007 Council Meeting, to allow time to present the zoning case as a Planned Development. A vote was taken and passed 6-0 with Councilman Goss absent. 3. Hold a Public Hearing and consider, and act upon, a change in zoning from Agriculture (A) to Townhouse District, generally located at the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. ZC 2007-06 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed Council stating that the subject property is located on the northeast corner of Lynda Lane (CR 389) and Forrest Ross Road. The applicant is requesting to rezone the subject property to allow for townhouse development. The proposal submitted will include approximately 27 townhouse units on 5 acres. Minutes—August 28, 2007 Wylie City Council Page 5 Council Discussion Mayor Mondy asked Planning Director 011ie if the adjacent property had lot density of 2.4 units per acre. Planning Director 011ie replied yes. Mayor Mondy asked if the applicant was requesting lot density of 4.4 to 5.4 units per acre. Ms. 011ie replied that was correct. Mayor Mondy asked Ms. 011ie why the higher density was warranted. Ms. 011ie replied that it may not be warranted but that was the density the applicant had requested. Councilman Porter asked if the adjacent property town homes only, could be broken out as to density within the average 2.4 units per acre. Ms 011ie replied she could obtain that information and report back to Council. Mayor Mondy asked what could be done to increase the lot size and home size of this application. Planning Director 011ie reported that it could be accomplished through conditions within a Planned Development. Councilman Young asked if the proposed town homes would be 100% brick. Planning Director 011ie replied yes they would. Councilman Young asked if a deed restriction could be placed on the property to disallow property owners to rent the property. Ms. 011ie replied that was a restriction that she believed would be between the property owners and their HOA. She explained that she could look into the issue and report back to Council. Councilman Young asked she do so for clarification. Councilman Porter reported that in his business transactions, he was asked about the availability of town homes in Wylie frequently; maybe we can make this into a nicer level town home site. Mayor Mondy stated that was a fare request and asked council to give some direction regarding what they would like to see to make this a nicer level town home site. Some of the items mentioned by Council members were: one story $150,000. to $175,000. town homes, alternate elevations and brick every 4-5 structures, 1,500 square feet living space, two to three bedrooms, drive ways can not be shared, screening for property; such as stone or brick, hip roofing, fenced neighborhood, and 2 car garages. Also discussed were deed restrictions for over 55 years on the property. City Manager Manson reported that these requirements would not be mandatory under straight zoning and would need to be brought back as a PD. Applicant Comments Alan Atkins, applicant representing Arapaho East, Inc., located at 6600 LBJ Freeway, Suite 160, Dallas TX addressed Council stating that he did not know if all the recommendations could be met however he requested to table the item to review and submit as a Planned Development to try and address some of the issues. City Manager Manson explained that after speaking with the City Attorney today, it was clarified that a straight zoning case could be converted to a PD without going back through Planning and Zoning Commission due to the additional restrictions being required. Public Hearing Mayor Mondy opened the Public Hearing at 6:59 p.m. No one present to address Council regarding Zoning Case No. 2007-06. Mayor Mondy closed the Public Hearing at 6:59 p.m. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to table Item #3, Zoning Case No. 2007-06 to the October 9, 2007 Council Meeting to allow time to present the zoning case as a Planned Development. A vote was taken and passed 6-0 with Councilman Goss absent. Minutes—August 28, 2007 Wylie City Council Page 6 4. Hold the Second Public Hearing on the proposed tax rate for fiscal year 2007-2008 and provide taxpayers an opportunity to express their views on the tax rate and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed tax rate. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that in accordance with the "Truth in Taxation" laws of the State of Texas, on August 14, 2007, the City Council took a roll call vote on the proposed tax rate and scheduled two public hearings on the tax rate. The first public hearing was held on August 23, 2007. The second public hearing is scheduled for August 28, 2007. The notice of the two public hearings was published in the McKinney Courier-Gazette on August 16, 2007, and the Rowlett News on August 16, 2007 and the Wylie News on August 22, 2007. The purpose of the second public hearing on August 28, 2007, is to give the taxpayers an additional opportunity to express their views on the tax rate. At the end of the hearing, the City Council must set and announce the date, time, and place of the meeting at which it will vote on the final proposed tax rate. Council Discussion Mayor Mondy asked Finance Director Williamson to highlight the items in the proposed budget for FY 2007- 2008. Finance Director Williamson stated that the budget which was based on this tax rate was based on maintaining the same levels of service for the proposed budget. Each department was asked to limit their expenditures to those required to keep the same level of service. He reported that departments were asked to not include any additional items. He reported that the largest new expenditure was for the new Fire Station #3 staffing. He stated that the Fire Department was budgeting one fourth of the year in additional staffing for the new facility. Fire Chief Corbin reported to Council that in the preliminary budget process the department had budgeted for one third year funding for the new Fire Station. After considerable review, the department submitted a proposal for staff for the one fourth year of the FY 2007-2008 budget year. He reported that the temporary station that was set up recently to keep the response time level was working very well. Assistant Fire Chief Flores reported that prior to opening the temporary Fire State#3 the response time was 8% to 11% under 5 minutes; now with the temporary station and eventually the new Fire Station #3 the response time was 84% under 5 minutes. Chief Corbin reported the only other item increase in the budget was for direct monitoring of alarms in the community. This service would cut response time and be less expensive to the citizens than the alarm system services currently servicing the citizens of Wylie. Mayor Mondy asked Chief Corbin what the revenue would be if the City serviced all the alarm systems. Chief Corbin replied that servicing 100% of the homes in Wylie was a tall request but estimated revenues to monitor would be ten times greater than the amount to perform the service and would cut the response time to the residences. He estimated this revenue would be in the seven figure area. Mayor Mondy asked Library Director Orozco the highlights of the proposed Library budget for FY 2007-2008. Library Director Orozco reported that all areas were flat with current service levels maintained. She stated that the staff would be working with the architects and reviewing the collections for the new library facility. All other line items were maintaining the same programs as are currently available. Mayor Mondy asked Library Director Orozco what staffing she would require for the new facility. Ms. Orozco reported that after completing a staff survey with a consulting firm the number to open was recommended at 15.5 employees. Mayor Mondy asked Assistant City Manager and Police Chief Butters to highlight the proposed budget for the Police Department. Assistant City Manager Butters reported that the Police budget had four additional officers and one civilian and one new squad car; the remainder of the budget was fairly flat Mayor Mondy asked Finance Director Williamson how much of the proposed budget was for Public Safety (Dispatch, Police, and Fire). Mr. Williamson reported that the Public Safety was 48% or $9,000,000. of the $21,000,000 budget. He reported that general government was 21% while Parks and Recreation accounted for 10% and Planning, Building, and Code Enforcement was 8% to 9%. Mayor Mondy asked Finance Director Williamson if the City went forward with the bonds approved by the citizens of Wylie, and kept the tax rate equal to last year, how many positions would have to be cut. Mr. Williamson reported that $0.035 Minutes—August 28, 2007 Wylie City Council Page 7 cents would compute to around $600,000 and would take all new police officer proposed for this budget plus additional employees to equal that amount. Public Hearing Mayor Mondy opened the 2nd Public Hearing on the proposed tax rate for fiscal year 2007-2008 at 7:19 p.m. Several citizens were present to speak regarding the proposed tax rate: Gilbert Tamez Sr. residing at 3104 Hannart Courts (Creekside Estates) addressed Council stating that he supported the Police and Fire services in Wylie but was not willing to support the shortfall in tax revenue to expenditures, which he believed was the cause for the tax increase. He gave some statistics regarding inflation and consumer price index increases and asked that Council concentrate their efforts in bringing more retail to the city to reduce the ad valorem tax to residents. Also suggested was increasing the sales tax which is paid by all citizens. Mayor Mondy reported that the City was aggressively seeking additional retail and some of those negotiations looked very promising. Mayor Mondy also explained that the state regulated the amount of sales tax that could be charged by cities. He reported that Council and WEDC were investigating the 4A and 4B one half of one percent tax (each) for ways to convert some of that revenue to offset property taxes. Mr. Tamez suggested that better communication be directed to the citizens regarding new commercial development. Mayor Mondy reported that the best avenues for communication currently were the Wylie News, the e-Wylie, and the Wylie website. He explained that there had been several work sessions; some lasting to 11:45 p.m. that were posted on the website for citizen attendance. Marcia Rodriquez residing at 3300 Francis Drive (Creekside Estates) addressed Council stating that with the housing decline, homes are being over valued. Ms. Rodriguez stated that if all delinquent taxes were collected it would close to make up the proposed tax increase for this coming year. She asked for the amount of the 2005 bond series that had been issued and how much still had not been sold. Finance Director Williamson reported that $38,325,000 had not been issued and $35,000,000 had been issued with AAA rating of 4.25%. He reported that the funds awaiting use were earning interest at a rate of 5.20%. Ms. Rodriquez reported that she had been to all the bond committee meetings and thought that all the projects were worthy projects but were an unfair burden on the tax payers, unless the city was aggressively seeking additional commercial business to offset the tax increase. Finance Director Williamson explained that the proposed rate for the coming year was actually less than what was proposed to the bond committee and to the voters of Wylie due to investment of the interest earned to date on the bonds sold. Ms Rodriquez asked Council when they would realize that Wylie was no longer a farming community and tax revenue needed to come from sales tax from new business and not just the home owners. Mayor Mondy replied that as the City grows, new residents want facilities and services that are enjoyed in other larger communities and the money has to come from somewhere. He explained that the need for new streets and construction of three new buildings was driving the tax rate and was voted for by the citizens of Wylie. Tim Taylor residing at 3501 Lynn Court (Creekside Estates) addressed Council requesting that the City review ways to increase revenues and decrease expenditures. He reported that he did not want to see city services decrease and he also did not want to see taxes go up. He reported that mortgages were tight and citizens were losing their homes due to arms coming due on mortgages already out of reach. He stated that in his opinion, the market would get worse before it got better. He suggested holding off on some of the bond projects; going back and looking at both sides of the equation; revenue and expenditures as you move into approving the budget. He asked Mr. Taylor to choose the project that should not move forward. Mayor Mondy reported that for every month the City held off on the projects, an additional $60,000 in construction costs were being added to each project. Mr. Taylor asked why the bond principal could not be used to pay off the bonds; the Minutes—August 28, 2007 Wylie City Council Page 8 City would then not have to construct the buildings. Mr. Williamson replied that the investors of the bonds have ten year call protection and the City could not pay any additional principal on the bonds for ten years. Grace Morrison residing at 118 Glen Knoll, Wylie Texas addressed Council giving some examples of some of the economic downturns she had lived through. She reported that she was a member fo the 2005 Bond Advisory Board and the board had wrestled with the things that were important for this City. "I commend the City Council, all the City staff, the Police Department, the Fire Department, and the Library". She stated that she did not know of any other city that had done more to give citizens value for their tax money than Wylie had. It is now a tax rate that is less than was projected in 2005. I believe the economy will again have an upturn and houses will not be upside down and Wylie will be fine again. She explained that if Wylie had the population of say Garland, Wylie would already have the restaurants. She commented that they too will come in time. She stated that she was looking forward to the bond projects that the people of Wylie voted for. Chris Clark residing at 3405 Lombardy Dr., Wylie addressed Council stating that he was against the proposed tax rate. He stated that he had concerns regarding the valuation of homes in Wylie and the marketing of those home values being less than other cities. He requested an impasse of the bond program during the down market. Mayor Mondy asked Finance Director Williamson how the federal government required the bonds to be sold. Mr. Williamson reported that the bond funds once issued could earn additional interest for up to 3 years, but then 85% of the bond proceeds needed to be expended due to the tax reform act of 1986. He explained that it took on average a year to design a project and two years to construct the project, thus having the total of a 3 year expenditure requirement. If 85% of the funds are not expended in the 3 year timeframe, the government will take the interest earned on the funds. Mayor Mondy asked Mr. Williamson if the note could be paid off in advance. Mr. Williamson replied that the note could be paid off early, however, the City could not pay off the investors as they have call protection which means you have to set up an escrow account funded with new bonds so that the escrow could pay interest and principal on the bonds until the call date, at which time the remaining principal could be paid. If the Federal government found the bonds were issued illegally, the City would be in violation of the arbitrage laws. Mayor Mondy asked Finance Director Williamson what the increase would be for an average home in Wylie. Mr. Williamson reported that the increase in taxes for an average home in Wylie costing $150,000. would be an additional $40.00 annually. Mayor Pro Tern Byboth reported that the amount of increase would more than likely be gained back, two fold, in homeowner's insurance reductions under the ISO 1 rating for fire hazard and other services to Wylie residents not offered in other cities. Mayor Pro Tem Byboth reported that it was not an accident that the Public Safety Departments were as skilled as they are; that is impacting the cost of living here. Suzette Clark residing at 3405 Lombardy Dr. Wylie addressed Council stating that she believed the communication from the City needed to be improved and reiterated her concern to maintain services and hold off proceeding with the bond projects. John Onufreiczuk residing at 3103 Bryce Drive, Wylie addressed Council commending City Council and staff for what they do to prepare the budget and proposed tax rate each year. He commented that he too did not want to pay higher taxes but he did not want to see Public Safety cut and lose the ISO 1 rating that kept homeowner's insurance rates down, nor do we want to remove any police officers from the streets as they are needed by the City. Mr. Onufreiczuk reported that his property taxes have actually gone down due to school taxes decreasing. He reiterated once again "voter approval" on all the bond propositions, citing that the bonds were the driving factor of the tax increase. Minutes—August 28, 2007 Wylie City Council Page 9 Mayor Mondy closed the 2nd Public Hearing on the proposed tax rate for fiscal year 2007-2008 at 8:50 p.m. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Porter to set September 11, 2007 at 6:00 pm at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098 as the date, time and place at which Council will vote on the final proposed tax rate for Fiscal Year 2007-2008. A vote was taken and passed 6-0 with Councilman Goss absent. 5. Hold a Public Hearing on the fiscal year 2007-2008 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item on the proposed budget and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed budget. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that a Public Hearing is required to be held on the fiscal year 2007-2008 Proposed Budget and schedule the time and place that the vote will be taken on the proposed budget. This meeting is currently scheduled for September 11, 2007. The City is required by law to follow certain meeting and notice (publication) guidelines. Public Hearing Mayor Mondy opened the Public Hearing on the proposed budget for fiscal year 2007-2008 at 8:52 p.m. No one was present to address Council during the Public Hearing on the proposed budget for fiscal year 2007-2008. Mayor Mondy closed the Public Hearing on the proposed budget for fiscal year 2007-2008 at 8:52 p.m. City Manager Manson asked Council for direction regarding the additional Clean up — Green-up Campaign; two additional staff for expanding the Wylie Wave Program (additional 50 children) and the inclusion of a 5-7 year Technology Plan. Council direction was to include all three items in the proposed FY 2007-2008 budget and to report back to Council regarding the items that will be pulled from the proposed budget to offset the additional expenses. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Young to set September 11, 2007 at 6:00 pm at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098 as the date, time and place at which Council will vote on the final proposed budget for Fiscal Year 2007-2008. A vote was taken and passed 6-0 with Councilman Goss absent. Minutes—August 28, 2007 Wylie City Council Page 10 General Business 6. Consider, and act upon, Ordinance No. 2007-27 adopting the Thoroughfare Capital Improvements Plan. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that on August 14, 2007 Council held a public hearing on the Thoroughfare Capital Improvements Plan. The CIP identifies thoroughfare projects necessary over the next ten years to serve the projected growth of the City. The CIP was last adopted on July 25, 2006. The update is necessary to add Hensley Lane and Springwell Parkway to the capital improvements plan. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Ordinance No. 2007-12 adopting the Thoroughfare Capital Improvements Plan. A vote was taken and passed 6-0 with Councilman Goss absent. 7. Consider, and act upon, Resolution No. 2007-24(R) setting a date, time and place for a Public Hearing on the proposed Thoroughfare Impact Fees. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that Section 395 of the Local Government Code specifies the process necessary for the implementation of impact fees, and Council previously conducted a public hearing and considered an ordinance on the proposed CIP. The CIP identifies thoroughfare projects necessary over the next ten years to serve the projected growth of the City. The proposed Resolution sets a date, time, and place for a Public Hearing on the proposed Thoroughfare Impact Fees. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve Resolution No. 2007-24(R) setting October 9, 2007 at 6:00 p.m. at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098 as the date, time and place for a Public Hearing on the proposed Thoroughfare Impact Fees. A vote was taken and passed 6-0 with Councilman Goss absent. 8. Consider, and act upon, Resolution No. 2007-25(R) denying the request of Atmos Energy Corporation, Mid-Texas Division for an Annual Gas Reliability Infrastructure Program (Grip) rate increase in this municipality, as a part of the company's statewide gas utility distribution system; supporting statutory reform of the Texas GRIP statute, finding that the meeting at which this Resolution is passed is open to the public; and providing for notice of this resolution to Atmos Energy Corp., Mid-Tex Division and the City's legislative delegation. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that Atmos Mid-Tex filed its fourth surcharge request under the Gas Reliability Infrastructure Program ("GRIP") statute, seeking to implement monthly surcharges of Minutes—August 28, 2007 Wylie City Council Page 11 $0.59 (average residential customers), $1.47 (average commercial customers), and $28.74 for industrial customers. The resolution denies Atmos Mid-Tex's 2006 surcharge request on the grounds that it does not comply with the law and is not reasonable. The resolution also indicates the City's support for statutory changes to the Texas GRIP statute to ensure fairness for ratepayers and to eliminate piecemeal ratemaking for any change in invested capital. Councilman Young stated that he would like to see the City and coalition stick to the denial and would like to see a copy of the financials submitted by Atmos. City Manager Manson stated that she would obtain the financials. Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve Resolution No. 2007-25(R) denying the request of Atmos Energy Corporation, Mid-Texas Division for an Annual Gas Reliability Infrastructure Program (Grip) rate increase in this municipality, as a part of the company's statewide gas utility distribution system; supporting statutory reform of the Texas GRIP statute, finding that the meeting at which this Resolution is passed is open to the public; and providing for notice of this resolution to Atmos Energy Corp., Mid-Tex Division and the City's legislative delegation. A vote was taken and passed 6-0 with Councilman Goss absent. 9. Consider, and act upon, Ordinance No. 2007-28 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 of the Code Of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this ordinance. (J. Duscio, Assistant Police Chief Staff Comments Assistant Police Chief Duscio addressed Council stating that due to the opening of the new Wylie East High School staff is recommending a (20) miles per hour school zone on Wylie East Dr 1000' north of the intersection of Brown St. and 100' south of Brown St. and on Brown St. 100' west of the intersection of Wylie East Dr. between the hours of 8:15 a.m. to 9:00 a.m. and 3:45 p.m. to 4:15 p.m., on school days. There is not an established school zone at this time. The location of the school is in close proximity to a residential neighborhood. Pedestrian traffic will be expected and the creation of a school zone will lower vehicle speeds during peak pedestrian hours. Staff is requesting Council approve a school zone on Wylie East Drive and Brown St. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to approve Ordinance No. 2007-28 repealing Ordinance Nos. 2004-25 and 2007-25 and amending Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic and providing for a penalty for the violation of this ordinance. A vote was taken and passed 6-0 with Councilman Goss absent. 10. Consider, and act upon, Resolution No. 2007-26(R) authorizing the Mayor to enter into an Interlocal Agreement with the City of Lucas, Texas for Animal Control Services. (J. Butters, Assistant City Manager) Minutes—August 28, 2007 Wylie City Council Page 12 Staff Comments Assistant City Manager Butters addressed Council stating that the City of Lucas has approached the City of Wylie asking for animal control services. Lt. Atkison and Animal Control Supervisor, Ken Qualls, have studied the feasibility and determined that Wylie currently does have the shelter capacity and resources to render services to Lucas. Lucas has historically not generated very many animal control calls. The feasibility of providing services for Lucas may change as both Cities grow but for the next year it should not be a problem. Council Discussion Councilman Young asked if this issue was on the same lines as allowing sewer service to persons outside the City limits. Assistant City Manager Butters replied that the Wylie Animal Shelter had the capacity to assist the City of Lucas currently and the revenues from the City of Lucas would help offset the expense of building improvements made to the Wylie Animal Shelter. Councilman Young asked at what capacity the animal shelter was currently at. Assistant City Manager Butters replied that they were currently at 30% or less. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to approve Resolution No. 2007-26(R) authorizing the Mayor to enter into an Interlocal Agreement with the City of Lucas, Texas for Animal Control Services. A vote was taken and passed 5-1 with Mayor Mondy, Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman Porter and Councilman White voting for and Councilman Young voting against. Councilman Goss was absent 11. Consider, and act upon, authorizing the Wylie Economic Development Corporation WEDC) to purchase 0.1974 acre at 207 B Industrial Court and further authorizing the WEDC to enter into debt in the amount of $228,750.00. (S. Satterwhite, Executive Director, WEDC) Staff Comments Wylie Economic Development Executive Director Satterwhite addressed Council stating that he was submitting for Council review and approval a Real Estate Sales Contract between the WEDC and Prime Kuts Distributing, Inc. The contract calls for the WEDC to purchase the 0.1974 acre lot, along with the 4,550 square foot facility for $228,750. He explained that the purchase will be owner financed over a period of one-hundred twenty months at an interest rate of 6% per annum. The purchase price is a reflection of a combined offer from the WEDC of $305,000 for the 0.1974 acre tract and the adjoining 0.114 acre tract which was previously railroad right-of-way. Martin L. Anderson, owner of Prime Kuts, owns the 0.114 acre tract as well. He explained that the two items were separate approvals due to the title on the property being in Mr. Anderson's personal name and the business Prime Kuts, Distributing, Inc. He explained that In 2005, the WEDC initiated a proactive effort to begin redevelopment on Industrial Court via the purchase of a 0.92 acre tract at the end of the cul-de-sac. Located on the property are two, five thousand square foot buildings which the WEDC leases to local businesses. The leases will continue until which time as the area begins to redevelop with new commercial facilities. This same strategy will be utilized once Prime Kuts vacates the premises. There remains one lot between Prime Kuts and existing WEDC property which is owned by Glenn Brothers Meats. Council Action A motion was made by Councilman Young, seconded by Councilwoman Spillyards to authorize the Wylie Economic Development Corporation (WEDC) to purchase 0.194 acre tract at 207 B Industrial Court and further authorizing the WEDC to enter into debt in the amount of $228,750. A vote was taken and passed 6-0 with Councilman Goss absent. Minutes—August 28, 2007 Wylie City Council Page 13 12. Consider, and act upon, authorizing the Wylie Economic Development Corporation (WEDC) to purchase 0.114 acre at 207 B Industrial Court. (S. Satterwhite, Executive Director, WEDC) Staff Comments WEDC Executive Director Satterwhite addressed Council stating that the WEDC Board of Directors recommends that the Wylie City Council authorize the WEDC to purchase 0.114 acre located at 207-B Industrial Court as per the terms of the Real Estate Sales Contract. Mr. Martin L. Anderson purchased excess railroad right-of-way from Collin County in April 2003. The 0.114 acre tract fronts the Prime Kuts site which the WEDC has proposed purchasing as well. Council Action A motion was made by Councilman Porter, seconded by Councilman Young to authorize the Wylie Economic Development Corporation (WEDC) to purchase 0.114 acre at 207 B. Industrial Court. A vote was taken and passed 6-0 with Councilman Goss absent. 13. Consider, and act upon, authorizing the Wylie Economic Development Corporation (WEDC) to purchase 0.368 acre located at Cooper Drive and F.M. 544, further authorizing the WEDC to enter into debt in the amount of $80,000. (S. Satterwhite, Executive Director, WEDC) Mayor Mondy left the meeting prior to the consideration of Item #13. Mayor Pro Tern Byboth presided over consideration and action for Item #13. Staff Comments WEDC Executive Director Satterwhite addressed Council stating that the WEDC has purchased 3 lots located on Cooper Drive, is under contract to purchase a fourth lot (as being presented), and is currently negotiating for the purchase of 5 additional lots. The lot is comprised of 0.368 acre and is under contract for $105,000. The Contract calls for $25,000 down and the balance is owner financed for a period of sixty months at an interest rate of 6% per annum. The sellers are Martin L. Anderson, Susan M. Anderson, Gary E. Bowland, and Charlotte A. Bowland. Council Action A motion was made by Councilman Porter, seconded by Councilman Young to authorize the Wylie Economic Development Corporation (WEDC) to purchase 0.368 acre located at Cooper Drive and F.M. 544, further authorizing the WEDC to enter into debt in the amount of $80,000. A vote was taken and passed 5-0-0 with Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman Porter, Councilman White and Council Young voting for, with Councilman Goss absent. Mayor Mondy did not vote on this item pursuant to Article III, Section 11 (A) of the Wylie Home Rule Charter. (An executed Conflict of Interest Affidavit is on file.) Minutes—August 28, 2007 Wylie City Council Page 14 READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance Nos. 2007-26, 2007-27 and 2007-28 into the official record. ADJOURNMENT With no further business before Council, Mayor Pro Tern Byboth made a motion to adjourn at 9:20 p.m., with Councilman Porter seconding the motion. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—August 28, 2007 Wylie City Council Page 15 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 11, 2007 Item Number: B Department: Police Department (City Secretary's Use Only) Prepared By: Asst. Chief John Duscio Account Code: Date Prepared: August 22, 2007 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, authorizing the Mayor to execute a Step Program Grant Agreement with the State of Texas Department of Transportation in the amount of$45,634.36. Recommendation Motion to authorize the Mayor to execute a 2008 STEP Program Grant Agreement, in the amount of $45,634.36, with the State Texas Department of Transportation. Discussion The Texas Department of Transportation has awarded the City of Wylie a $45,634.36 grant for 2008. The grant money is to be used to pay off duty officers to work traffic enforcement. The grant requires the Police Department to focus on speeding violations and DWI arrests. The local match requirement for 2008 equals $5,681.86 and is incorporated in the 2008 annual budget. The 2007 STEP Grant generated over$130,000 in local revenue, which is a cost effective tool to combat traffic safety problems in our community. Approved By Initial Date Department Director JB 08-24-07 City Manager "(1/ 9- 6-07 Page 1 of 1 — TRAFFIC SAFETY Texas OPERATIONAL PLAN °epar6nent of Transportation Form 2109(rev.01/08/2007) Project Fiscal Year: 2008 Subgrantee: City Of Wylie Project Title: Step- Comprehensive Survey Site Type& Compliance Identifier Site Description Enforcement Period Rates (if applicable) OP City Wide 94 35% 7 days a week daylight hours S eed SH 78 City limit to city limit 7 days a week 1 p 5 miles 5% 24 hours per day 55 mph FM 544 City limit to city limit 7 days a week 2 3 miles 12% 24 hours per day 50 mph W. Brown Street from SH 78 to FM 1378 ° 7 days a week 3 3 miles 40/° 24 hours per day 30 mph Stone Road from Birmingham to CL 4 Road 49% 7 days a week 4 miles 24 hours per day 30 mph Friday 8:00 P.M. -Saturday 4:00 DWI Jurisdiction wide N/A A.M., Saturday 8:00 P.M. - Sunday 4:00 A.M., Sunday 5:00 P.M. - Monday 2:00 A.M. Note: Any modifications made to the Operational Plan after the grant is executed do not require an amendment to the Grant Agreement. However, the Subgrantee must follow the Operational Plan modification procedures found in the Operational Plan Instructions before any enforcement is conducted in the related sites. For Speed and Occupant Protection sites, survey data must be submitted to support the Operational Plan. It is recommended that subgrantees follow the "Speed Survey Protocol and Instructions" and the "Occupant Restraint Survey Protocol" found on the Buckle Up Texas website: http://www.buckleuptexas.com. Page 1 of 1 TxDOT Form 2109(rev.01/08/2007) Operational Plan Instructions I. Instructions The goal of the Operational Plan is to assist agencies in defining roadways and locations where enforcement efforts should be concentrated. The Operational Plan is to be completed by the Subgrantee (STEP agency) and submitted as an attachment to the eGrants proposal. Contact your local TxDOT District Traffic Safety Specialist if you have any questions or need clarification regarding these instructions. Site Type and Identifier: List the STEP enforcement component to be worked (ex. Speed, DWI, OP or ITC) and the site identifier (ex. A, B, C, 1, 2, 3). A site may be labeled as an entire sector or patrol district (ex. Sector A, District C). Site Description: This is a description of the location(s) to be worked. • Speed Site: Identify the specific roadway(s) where speed enforcement will be conducted. Include the name of the roadway, approximate length in miles and speed limits. • Occupant Protection Site: Identify the site description as jurisdiction-wide. • Intersection Traffic Control Site: Identify the specific intersection(s) that will receive increased enforcement. • DWI Site: Identify the site as jurisdiction-wide, or as a specific sector or patrol district. The enforcement effort must be focused at locations where there is an over-representation of alcohol-related crashes and/or DWI arrests. Subgrantees must maintain and analyze crash data to justify the locations that warrant increased DWI enforcement. Note: If DWI sites are listed as specific sectors or patrol districts, the Subgrantee must describe the site's boundaries or indicate "See Attached Map". Survey Results: List compliance rates for occupant protection and speed sites if applicable. Speed enforcement must be conducted at sites that have less than 50% compliance, as determined by speed surveys, or at sites with compliance rates of 50% or more that have been pre-approved by TxDOT. Additional documentation, such as crash data, will be required to show that these sites warrant increased enforcement. Note: Survey tools, worksheets, and instructions can be found on the Buckle Up Texas Website at: http://www.buckleuptexas.com. Enforcement Period: List hours of enforcement. The enforcement period is the range of time in which enforcement may be conducted. Hours listed on each officer's activity sheet must coincide with the hours listed on the Operational Plan. Any hours outside of those listed may not be counted as STEP activity, unless indicated as an exception in the Terms, Conditions and Responsibilities. Note: Occupant Protection STEP enforcement may be conducted during daytime and/or nighttime hours. Examples: For Speed —Daily, Monday through Sunday, 6:00 A.M.—8:00 P.M. For OP—Daily, Monday through Sunday, 8:00 A.M. — 11:00 P.M. For DWI —Friday 8:00 P.M.—Saturday 4:00 A.M.; Saturday 8:00 P.M.—Sunday, 4:00 A.M. For ITC—Daily, Monday through Sunday, 8:00 A.M.—7:00 P.M. II. Modifying a STEP Operational Plan 1. Subgrantees may request modifications to the Operational Plan, but must make such a request through the eGrants messaging system. The request sent to the District Traffic Safety Specialist, for district managed grants, or to the appropriate Division Program Manager in Austin, for division managed grants must include a description of the Site Name and STEP element that is being added or modified in the request. 2. Attach a copy of the new Operational Plan that includes the additional or modified sites, along with all required supporting documentation (i.e. surveys). 3. Modifications must comply with the Operational Plan instructions. 4. TxDOT approval will be provided, or denied, by the District Traffic Safety Specialist, for district managed grants, or by the appropriate Division Program Manager in Austin, for division managed grants through the eGrants messaging system. The modifications must be approved by TxDOT prior to implementing any changes to enforcement activity. Unauthorized enforcement activity conducted prior to TxDOT approval is not eligible for reimbursement. City of Wylie STEP Comprehensive 2008 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT Contract Number: 588EGF6129 Charge Number: 8PT05T1EY PIN: 17560007191006 Project Year: 1st THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation,hereinafter called the Department and the, City of Wylie hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2008. Project Title: STEP Comprehensive Grant Period: This Grant becomes effective on 10/01/2007 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2008 unless terminated or otherwise modified. Total Awarded: $45,634.36 Amount Eligible for Reimbursement: $39,952.50 Match Amount: $5,681.86 Program Income $0.00 TXDOT 1 8/22/200-2 City of Wylie STEP Comprehensive 2008 TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she/he is an officer of the organization for which she/he has executed this agreement and that she/he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE THE STATE OF TEXAS City of Wylie Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out orders, [Legal Name of Agency] established policies or work programs approved and authorized by the Texas Transportation Commission By: By: [Authorized Signature] [District Engineer Texas Department of Transportation] [Name] [Name] [Title] [Title] Date: Date: Under the authority of Ordinance or Resolution Number(for local government): By: [Resolution Number] Director, Traffic OperationsDivision Texas Department of Transportation(Not required for local project grants under $100,000.00) Date: TXDOT 2 8/22/2007 City of Wylie STEP Comprehensive 2008 PROGRAM ELEMENT SELECTION YEAR LONG ❑ DWI DWI: Driving While Intoxicated 0 Speed Speed: Speed Enforcement • OP OP: Occupant Protection (Safety Belt & Child Safety Seat) ❑ ITC ITC: Intersection Traffic Control WAVE ❑ DWI Jurisdiction wide (DWI enforcement effort must be focused at locations where there is an over-representation of alcohol-related crashes and/or DWI arrests) ❑ Speed Jurisdiction wide (Speed enforcement should be focused on areas where there is at least a 50% noncompliance with the posted speed limits and/or a higher number of speed-related crashes ❑ OP Jurisdiction wide CMV ❑ Speed, OP, CMV: Commercial Motor Vehicle; HMV: Hazardous Moving and HMV Violations TXDOT 3 8/22/2007 City of Wylie STEP Comprehensive 2008 GENERAL INFORMATION Project Title STEP Comprehensive How many years has your organization received funding for this project? This will be our first year. Organization Address Wylie Police Department 2000 N. Highway 78 Wylie, TX 75098 Mailing Address (if different) Project Director Contact Information Michael Atkison TXDOT 4 8/22/2007 City of Wylie STEP Comprehensive 2008 PROPOSING AGENCY AUTHENTICATION ✓❑ I submit the following person has authorized the submittal of this proposal . Name Michael Atkison Title Lieutenant Address 2000 N. Highway 78 City Wylie State Texas Zip Code Phone Number 972-442-8183 Fax Number 972-429-8662 E-mail address mike.atkison@wylietexas.g TXDOT 5 8/22/2007 City of Wylie STEP Comprehensive 2008 TERMS, CONDITIONS AND RESPONSIBILITIES How often do you plan to submit Performance Reports? Monthly How often do you plan to submit RFR's? Monthly Terms and Conditions DI Agree with the Terms and Conditions. Responsibilities of the Subgrantee DI Agree with the Responsibilities of the Subgrantee. Responsibilities of the Department DI Agree with the Responsibilities of the Department. TXDOT 6 8/22/2007 City of Wylie STEP Comprehensive 2008 Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state,and local laws, statutes, codes,ordinances,rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including,without limitation,workers' compensation laws, minimum and maximum salary and wage statutes and regulations,nondiscrimination laws and regulations, and licensing laws and regulations. When required,the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations,policies,guidelines, and requirements, including 49 CFR(Code of Federal Regulations),Part 18;49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A-110);OMB Circular A-87; OMB Circular A-102; OMB Circular A-21; OMB Circular A-122;OMB Circular A-133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also,the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution,motion,or similar action has been duly adopted or passed as an official act of the applicant's governing body,authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964(Public Law 88- 352), as amended, and in accordance with that Act,no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended;42 USC (United States Code) §§4601 et seq.; and United States Department of Transportation(USDOT)regulations,"Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs,"49 CFR, Part 24,which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act,which limits the political activity of employees. (See also Article 25,Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family,business, or other ties. G. It will give the Department the access to and the right to examine all records,books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some,but not all, of the major federal laws that TXDOT 7 8/22/2007 City of Wylie STEP Comprehensive 2008 may affect the project include: the National Environmental Policy Act of 1969,as amended,42 USC §§4321 et seq.; the Clean Air Act, as amended,42 USC §§7401 et seq. and sections of 29 USC;the Federal Water Pollution Control Act,as amended,33 USC §§1251 et seq.;the Resource Conservation and Recovery Act,as amended,42 USC §§6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended,42 USC §§9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency,USDOT, and other federal agencies have issued, and in the future are expected to issue,regulation, guidelines, standards, orders, directives,or other requirements that may affect this Project. Thus,it agrees to comply, and assures the compliance of each contractor and each subcontractor,with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973,42 USC §4012a(a). Section 102(a)requires, on and after March 2, 1975,the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase"federal financial assistance" includes any form of loan, grant, guaranty, insurance payment,rebate,subsidy,disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended(16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code,Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled,or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code,unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code,which requires all regular, special, or called meetings of governmental bodies to be open to the public,except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate,per-unit cost, or other method of payment,reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category(I, II, or III)in the approved Project Budget without a grant(budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement(TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off-set by an equivalent underrun elsewhere in the Project Budget. TXDOT 8 8/22/2007 City of Wylie STEP Comprehensive 2008 If the overrun is five(5)percent or less,the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System(eGrants)messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s)for the overrun. Any overrun of more than five (5)percent of the amount eligible for reimbursement(TxDOT)in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget,unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program(STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of(100) Salaries, Subcategories A, "Enforcement,"or B, "PI&E Activities,"to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of(100) Salaries, Subcategories A, "Enforcement,"or C,"Other,"to exceed the TxDOT amount listed in Subcategory B, "PI&E Activities." The TxDOT amount for Subcategory B, "PI&E Activities,"or C, "Other," can only be exceeded within the 5 percent flexibility,with underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget,within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant(replace)funds from any other sources. The term "supplanting,"refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget(OMB) Circulars: • A-21, Cost Principles for Institutions of Higher Education; • A-87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A-122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement,as designated in this Grant Agreement,within thirty(30)days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45)days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty(30)days of receipt of properly prepared and documented Requests for Reimbursement. Payments,however, are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long-range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing,those which propose to assume the largest percentage of subsequent project costs,and those which have demonstrated performance that is acceptable to the Department. TXDOT 9 8/22/2007 City of Wylie STEP Comprehensive 2008 ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project,the Department shall so notify the Subgrantee,giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year,the Department determines that there is sufficient funding and performance to continue the project,the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work,the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work,the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments,to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement,which are necessary to correct errors or omissions appearing therein,when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than thirty (30)days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short-term projects,only one report submitted by the Subgrantee at the end of the project may be required. For longer projects,the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs),performance reports must be submitted monthly. The performance report will include, as a minimum: (1)a comparison of actual accomplishments to the objectives established for the period, (2)reasons why established objectives and performance measures were not met, if appropriate,and(3)other pertinent information, including,when appropriate, an analysis and explanation of cost underruns,overruns, or high unit costs. TXDOT 10 8/22/2007 City of Wylie STEP Comprehensive 2008 The Subgrantee shall submit the Final Performance Report through eGrants within thirty (30)days after completion of the grant. The Subgrantee shall promptly advise the Department in writing,through eGrants messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays,or adverse conditions, including a change of project director or other changes in Subgrantee personnel,that will materially affect the ability to attain objectives and performance measures,prevent the meeting of time schedules and objectives,or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE 8. RECORDS The Subgrantee agrees to maintain all reports,documents,papers,accounting records,books, and other evidence pertaining to costs incurred and work performed hereunder,(hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four(4)years from the date of final payment under this Agreement,until completion of all audits, or until pending litigation has been completely and fully resolved,whichever occurs last. Duly authorized representatives of the Department,the USDOT,the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four(4)year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify,hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents,or employees. The Subgrantee also agrees,to the extent permitted by law, to indemnify,hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law,the Subgrantee, if other than a government entity,agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act,by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity,both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors,employees,representatives,and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual,this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. TXDOT 11 8/22/2007 City of Wylie STEP Comprehensive 2008 Disputes concerning performance or payment shall be submitted to the Department for settlement,with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department,unless: • This Agreement is terminated in writing with the mutual consent of both parties;or • There is a written thirty (30)day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement,provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and,when federal funds are involved,the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor,the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law(PL) 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A-133, "Audits of States, Local Governments, and Other Non-Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor,under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence,through eGrants system messaging,with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who,reasonably speaking,may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. TXDOT 12 8/22/2007 City of Wylie STEP Comprehensive 2008 Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits,gifts,or favors to Department employees,except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee,to solicit or secure this Agreement,and that it has not paid or agreed to pay any company or person,other than a bona fide employee,any fee, commission, percentage,brokerage fee, gift,or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty,the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration,or otherwise recover the full amount of such fee, commission,brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement,or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified,the Subgrantee shall furnish all equipment,materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure,control,protect,preserve,use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures,provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards,as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A-110),"Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals,and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement,whether for cause or at the convenience of the parties hereto, all finished or unfinished documents,data, studies, surveys,reports, maps,drawings, models,photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant TXDOT 13 8/22/2007 City of Wylie STEP Comprehensive 2008 funds shall, at the option of the Department,become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request,to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights,patents,and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights(including copyrights, copyright applications, copyright renewals,and copyright extensions),title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials,the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself,its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally-assisted programs of the USDOT: 49 CFR, Part 21;23 CFR, Subchapter C; and 41 CFR,Parts 60-74, as they may be amended periodically(hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246,entitled"Equal Employment Opportunity,"as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations(41 CFR, Part 60). B. Nondiscrimination: The Subgrantee,with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race,color, sex,national origin, age,religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age,religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto,and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information,the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. TXDOT 14 8/22/2007 City of Wylie STEP Comprehensive 2008 E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement,the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A.through E. in every subcontract, including procurements of materials and leases of equipment,unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in,or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard,the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26,to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department,may result in termination of this Agreement by the Department,or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT/SUSPENSION A. The Subgrantee certifies,to the best of its knowledge and belief,that it and its principals: 1. Are not presently debarred, suspended,proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three(3)year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain,or performing a federal,state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery,bribery,falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not,within a three(3)year period preceding this Agreement,had one or more federal, state, or local public transactions terminated for cause or default. TXDOT 15 8/22/2007 City of Wylie STEP Comprehensive 2008 B. Where the Subgrantee is unable to certify to any of the statements in this Article,such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and,when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement, and the extension,continuation, renewal, amendment,or modification of any federal contract,grant, loan,or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with this federal contract, grant, loan,or cooperative agreement,the party to this Agreement shall complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non-profit entity,the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department. The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http:i, ww.dot.state.tx.us/cso/default.htm. TXDOT 16 8/22/2007 City of Wylie STEP Comprehensive 2008 RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department(TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement(RFR). C. Attend Department-approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education(PI&E) activities. Salaries being claimed for PI&E activities must be included in the budget. F. When applicable, all newly developed PI&E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System(eGrants) system messaging,prior to final production. Refer to the Traffic Safety Program Manual regarding PI&E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district-managed grants,the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant(replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. TXDOT 17 8/22/2007 City of Wylie STEP Comprehensive 2008 K. Ensure that no officer above the rank of Lieutenant(or equivalent title)will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP-related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On-line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. TXDOT 18 8/22/2007 City of Wylie STEP Comprehensive 2008 RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • telephone conversations • eGrants system messaging • e-mails and letters • quarterly review meetings • physical inspection of project records and supporting documentation. B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self-sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices. TXDOT 19 8/22/2007 City of Wylie STEP Comprehensive 2008 GOALS AND STRATEGIES Goal: To increase effective enforcement and adjudication of traffic safety-related laws to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety-related laws. Increase public education and information campaigns. Goal: To reduce the number of DWI-related crashes, injuries, and fatalities Strategy: Increase enforcement of DWI laws. Goal: To increase occupant restraint use in all passenger vehicles and trucks Strategy: Increase enforcement of occupation protection laws . ✓❑ I agree to the above goals and strategies. TXDOT 20 8/22/2007 City of Wylie STEP Comprehensive 2008 BASELINE INFORMATION Baseline Definition: A number serving as a foundation for subgrantees to measure pre-grant traffic enforcement activity. Baseline information must be provided by the subgrantee in order to identify local traffic enforcement related activity. This information should exclude any activity generated with STEP grant dollars. Once the baseline is established, these figures will be used to compare subsequent year's local and grant traffic enforcement activity. Note: Baseline data used must be no older than 2001 data. Baseline Year (12 months) From 1/1/2005 To 12/31/2005 Baseline Measure Baseline Number Number of Driving While Intoxicated (DWI) arrests 84 Number of speed citations 1587 Number of safety belt citations 40 Number of child safety seat citations 8 Number of alcohol-related crashes 31 Number of speed-related crashes 100 Survey data for the following should not be older than Sep 01, 2006 Baseline Number Month/Year of Survey Percentage of speed compliance 27.75 % 09/2006 Percentage of safety belt usage 94.35 % 02/2007 Attach Speed survey data 8574-Wylie sp survey.pdf Attach Safety Belt survey data 8574-Wylie op survey.pdf Support Document not included in Survey Data TXDOT 21 8/22/2007 City of Wylie STEP Comprehensive 2008 LAW ENFORCEMENT OBJECTIVE / PERFORMANCE MEASURE Objective / Performance Measure Target Number 1. Number and Type citations/arrests to be issued under STEP a. Increase DWI arrests by 60 b. Increase Speed citations by 1200 c. Increase Safety Belt citations by 500 d. Increase Child Safety Seat citations by 50 2. Propose Total Number of Traffic Related crashes a. Reduce the number of Alcohol-Related crashes to 29 b. Reduce the number of Speed-Related crashes to 96 3. Increase Speed Compliance a. Increase the Speed Compliance rate to 29 % 4. Increase Safety Belt usage a. Increase the Safety Belt usage rate among drivers and 96 % front seat passengers to 5. Number of Enforcement Hours 888 STEP Indicator 3.19 TXDOT 22 8/22/2007 City of Wylie STEP Comprehensive 2008 PI&E OBJECTIVE / PERFORMANCE MEASURE Objective / Performance Measure Target Number Support Grant efforts with a public information and education (PI&E) program a. Conduct presentations 5 b. Conduct media exposures (e.g. news conferences, news releases, 5 and interviews) c. Conduct community events (e.g. health fairs, booths) 2 d. Produce the following number of public information and education 0 materials e. Number of public information and education materials distributed 1500 TXDOT 23 8/22/2007 City of Wylie STEP Comprehensive 2008 SALARIES AND FRINGE BENEFITS - 100 & 200 Law Enforcement Hours 888 Ej Overtime ❑ Regular Time TxDOT Match Wage TxDOT Match Total Hours Hours Rate Salaries Salaries Salaries Fringe % Total Fringe: A. Enforcement (overtime) Officers / Deputies: 600 0 $37.000 $22,200.00 $22,200.00 14.65 % $3,252.30 Sergeants: 200 0 $45.000 $9,000.00 $9,000.00 14.65 % $1,318.50 Lieutenants / Other: 88 0 $58.000 $5, 104.00 $5, 104.00 14.65 % $747.74 B. PI&E Activities (overtime) PI&E Activities 20 0 $37.000 $740.00 $0.00 $740.00 14.65 % $108.41 C. Administrative Duties Surveys & Paperwork 30 0 $58.000 $1,740.00 $1,740.00 14.65 % $254.91 $0.00 $0.00 $0.00 $0.00 $0.00 Total: $38,784.00 $0.00 $38,784.00 $5,681.86 Category TxDOT Match Total Salaries: $38,784.00 100.0 % $0.00 0.00 % $38,784.00 Fringe Benefits: $0.00 0.00 % $5, 681.86 100.0 % $5, 681.86 Breakdown of Fringe Percentages: Medicare - 1.45 FICA - 6.2 TMRS - 7% 24 8/22/2007 TXDOT City of Wylie STEP Comprehensive 2008 TRAVEL AND PER DIEM: NON-ENFORCEMENT TRAVEL - 300 Description Mileage Please explain Save A Life Summit Unit Price $0.445 Quantity 500 Total $222.50 Amount Percentages TxDOT $222.50 100.00% Match $0.00 0.006 Total $222.50 TXDOT 25 8/22/2007 City of Wylie STEP Comprehensive 2008 TRAVEL AND PER DIEM: NON-ENFORCEMENT TRAVEL - 300 Description Meals Please explain Save A Life Summit Unit Price $36.000 Quantity 6 Total $216.00 Amount Percentages TxDOT $216.00 100.00 % Match $0.00 0.006 Total $216.00 TxDOT 26 8/22/2007 City of Wylie STEP Comprehensive 2008 TRAVEL AND PER DIEM: STEP ENFORCEMENT MILEAGE — 300 Miles 1000 Cost per mile $0.445 Total $445.00 Amount Percentages TxDOT $445.00 92.71% Match $0.00 0.00% Total $445.00 TXDOT 27 8/22/2007 City of Wylie STEP Comprehensive 2008 EQUIPMENT - 400 Description Scanner Unit Price $250.00 Quantity 1 Total Cost $250.00 Amount Percentages TxDOT $250.00 100.00 % Match $0.00 0.00 % Total $250.00 28 8/22/2007 TXDOT City of Wylie STEP Comprehensive 2008 BUDGET SUMMARY Budget Category TxDOT Match Total Category I - Labor Costs (100)Salaries $38,784.00 $0.00 $38, 784 .00 (200) Fringe Benefits $0.00 $5, 681.86 $5, 681.86 Category I Sub-Total $38,784.00 $5,681.86 $44,465.86 Category II - Other Direct Costs (300)Travel $918.50 $0.00 $918.50 (400)Equipment $250.00 $0.00 $250.00 (500) Supplies $0.00 (600)Contractual Services $0.00 (700) Other Miscellaneous $0.00 Category II Sub-Total $1,168.50 $0.00 $1,168.50 Total Direct Costs $39,952.50 $5,681.86 $45,634.36 Category III - Indirect Costs (800) Indirect Cost Rate $0.00 Summary Total Labor Costs $38,784.00 $5, 681.86 $44, 465.86 Total Direct Costs $1, 168.50 $0.00 $1, 168.50 Total Indirect Costs $0.00 Grant Total $39,952.50 $5,681.86 $45,634.36 Fund Sources (Percent Share) 87.55% 12.45 % TXDOT 29 8/22/2007 TxDOT Form 2109(rev.01/08/2007) Operational Plan Instructions I. Instructions The goal of the Operational Plan is to assist agencies in defining roadways and locations where enforcement efforts should be concentrated. The Operational Plan is to be completed by the Subgrantee (STEP agency) and submitted as an attachment to the eGrants proposal. Contact your local TxDOT District Traffic Safety Specialist if you have any questions or need clarification regarding these instructions. Site Type and Identifier: List the STEP enforcement component to be worked (ex. Speed, DWI, OP or ITC) and the site identifier (ex. A, B, C, 1, 2, 3). A site may be labeled as an entire sector or patrol district (ex. Sector A, District C). Site Description: This is a description of the location(s) to be worked. • Speed Site: Identify the specific roadway(s) where speed enforcement will be conducted. Include the name of the roadway, approximate length in miles and speed limits. • Occupant Protection Site: Identify the site description as jurisdiction-wide. • Intersection Traffic Control Site: Identify the specific intersection(s) that will receive increased enforcement. • DWI Site: Identify the site as jurisdiction-wide, or as a specific sector or patrol district. The enforcement effort must be focused at locations where there is an over-representation of alcohol-related crashes and/or DWI arrests. Subgrantees must maintain and analyze crash data to justify the locations that warrant increased DWI enforcement. Note: If DWI sites are listed as specific sectors or patrol districts, the Subgrantee must describe the site's boundaries or indicate "See Attached Map". Survey Results: List compliance rates for occupant protection and speed sites if applicable. Speed enforcement must be conducted at sites that have less than 50% compliance, as determined by speed surveys, or at sites with compliance rates of 50% or more that have been pre-approved by TxDOT. Additional documentation, such as crash data, will be required to show that these sites warrant increased enforcement. Note: Survey tools, worksheets, and instructions can be found on the Buckle Up Texas Website at: http://www.buckleuptexas.corn. Enforcement Period: List hours of enforcement. The enforcement period is the range of time in which enforcement may be conducted. Hours listed on each officer's activity sheet must coincide with the hours listed on the Operational Plan. Any hours outside of those listed may not be counted as STEP activity, unless indicated as an exception in the Terms, Conditions and Responsibilities. Note: Occupant Protection STEP enforcement may be conducted during daytime and/or nighttime hours. Examples: For Speed — Daily, Monday through Sunday, 6:00 A.M.—8:00 P.M. For OP— Daily, Monday through Sunday, 8:00 A.M. — 11:00 P.M. For DWI —Friday 8:00 P.M.—Saturday 4:00 A.M.; Saturday 8:00 P.M.—Sunday, 4:00 A.M. For ITC—Daily, Monday through Sunday, 8:00 A.M.— 7:00 P.M. II. Modifying a STEP Operational Plan 1. Subgrantees may request modifications to the Operational Plan, but must make such a request through the eGrants messaging system. The request sent to the District Traffic Safety Specialist, for district managed grants, or to the appropriate Division Program Manager in Austin, for division managed grants must include a description of the Site Name and STEP element that is being added or modified in the request. 2. Attach a copy of the new Operational Plan that includes the additional or modified sites, along with all required supporting documentation (i.e. surveys). 3. Modifications must comply with the Operational Plan instructions. 4. TxDOT approval will be provided, or denied, by the District Traffic Safety Specialist, for district managed grants, or by the appropriate Division Program Manager in Austin, for division managed grants through the eGrants messaging system. The modifications must be approved by TxDOT prior to implementing any changes to enforcement activity. Unauthorized enforcement activity conducted prior to TxDOT approval is not eligible for reimbursement. TRAFFIC SAFETY OPERATIONAL PLAN ifepirrgeofsortaTr nap rtafion Form 2109(rev.01/08/2007) Project Fiscal Year: 2008 Subgrantee: City Of Wylie Project Title: Step - Comprehensive Survey Site Type& Site Description Compliance Enforcement Period Identifier Rates (if applicable) OP City Wide 94.35% 7 days a week daylight hours S eed SH 78 City limit to city limit p 5 miles 5% 7 days a week 1 55 mph 24 hours per day FM 544 City limit to city limit 7 days a week 2 3 miles 12°/D 24 hours per day 50 mph W. Brown Street from SH 78 to FM 1378 ° 7 days a week 3 3 miles 40/D 30 mph 24 hours per day Stone Road from Birmingham to CL 4 Road 49% 7 days a week 4 miles 24 hours per day 30 mph Friday 8:00 P.M. - Saturday 4:00 A.M., Saturday 8:00 P.M. - Sunday DWI Jurisdiction-wide N/A 4:00 A.M., Sunday 5:00 P.M. - Monday 2:00 A.M. Note: Any modifications made to the Operational Plan after the grant is executed do not require an amendment to the Grant Agreement. However, the Subgrantee must follow the Operational Plan modification procedures found in the Operational Plan Instructions before any enforcement is conducted in the related sites. For Speed and Occupant Protection sites, survey data must be submitted to support the Operational Plan. It is recommended that subgrantees follow the "Speed Survey Protocol and Instructions" and the "Occupant Restraint Survey Protocol" found on the Buckle Up Texas website: http://www.buckleuptexas.com. Page 1 of 1 Wylie Parks and Recreation Facilities Development CITY:F WYLIE Corporation (4B) NOTICE OF MEETING Special Called Meeting Agenda Tuesday, December 12, 2006— 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy convened the Wylie Parks & Recreation Facilities Development Corporation to order at 6:21 p.m. with the following members present: Board Member Shirley Burnett, Councilman Eric Hogue, Councilman Merrill Young, Mayor and Board Chairman John Mondy, and Board Member Anne Hiney. Board Member Dan Chestnut and Councilman White were absent. REGULAR AGENDA 1. Consider, and act upon, approval of the Minutes of the January 17, 2005 Special Called Meeting and the September 12, 2006 Wylie Parks and Recreation Facilities Development Corporation (4B). (C. Ehrlich, City Secretary). Board Action A motion was made by Board member Anne Hiney, seconded by Board member Shirley Burnett to approve the Minutes from the January 17, 2005 Special Called Meeting and the September 12, 2006 Special Called Meeting of the Wylie Parks and Recreation Facilities Development Corporation Board as presented. A vote was taken and passed 5-0 with Councilman White and Board member Chestnut absent. 2. Consider, and act upon, the appointment and/or reappointment of the Wylie Parks and Recreation Facilities Development Corporation (4B) Officers and to appoint a Chair and Vice Chairman from its board members for a term beginning January 1, 2007 and ending December 31,2008. (C. Ehrlich, City Secretary). Board Action Appointment of 4B Vice Chair A motion was made by Mayor Mondy, seconded by Councilman Young to appoint Anne Hiney as the Vice Chair of the Wylie Parks and Recreation Facilities Development Corporation Board (4B) for a two year term beginning January 1, 2007 and ending December 31, 2008. A vote was taken and passed 5- 0 with Councilman White and Board member Chestnut absent. December 12,2006 Wylie Park and Recreation Facilities Development Corporation(4B) Page 2 of 2 Board Action Appointment of 4B Chair A motion was made by Anne Hiney, seconded by Councilman Hogue to re-appoint Mayor John Mondy as Chair of the Wylie Parks and Recreation Facilities Development Corporation Board (4B) for a two year term beginning January 1, 2007 and ending December 31, 2008. A vote was taken and passed 5- 0 with Councilman White and Board member Chestnut absent. Board Action Appointment of 4B Officers A motion was made by Mayor Mondy, seconded by Councilman Young to appoint City Manager Mindy Manson as President, Assistant City Manager Jeff Butters as Vice President, Finance Director Larry Williamson as Treasurer, and City Secretary, Carole Ehrlich as Secretary of the Wylie Parks and Recreation Facilities Development Corporation Board (4B) for a term beginning January 1, 2007 and ending December 31, 2008. A vote was taken and passed 5-0 with Councilman White and Board member Chestnut absent. ADJOURN With no further business before the Wylie Parks and Recreation Facilities Development Corporation (4B), the meeting was adjourned at 6:24 p.m. Consensus of the board members present was to adjourn. John Mondy, Chair ATTEST: Carole Ehrlich, City Secretary iAt Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 11, 2007 Item Number: 2 - 4B Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 29, 2007 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of the FY 2007-2008 4B Budget and authorizing expenditures for the Community Services Facilities Capital Improvement Plan. Recommendation Motion to approve the FY 2007-2008 4B Budget and authorize expenditures for the Community Services Facilities Capital Improvement Plan. Discussion As set out in the Articles of Incorporation, the Board has the power to authorize the expenditures of Sales Tax Funds for projects approved by the City Council and to implement the Community Services Facilities Capital Improvement Plan as adopted by the City of Wylie. Further, the Bylaws state that"It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council. Approved By Initial Date Department Director LW 08/29/07 City Manager Q'S(o7 Page 1 of 1 4B REVENUE FUND STATEMENT OF REVENUES AND EXPENDITURES ACTUAL BUDGET ESTIMATE BUDGET 2005-2006 2006-2007 2006-2007 2007-2008 BEGINNING BALANCE $ 735,048 $ 369,050 $ 661,270 $ 634,610 REVENUES: Sales Taxes 1,098,725 1,136,130 1,136,130 1,300,000 Interest Revenues 24,684 10,000 15,550 10,000 Other Financing Sources 7,900 - - - TOTAL REVENUES 1,131,309 1,146,130 1,151,680 1,310,000 TOTAL AVAILABLE RESOURCES 1,866,357 1,515,180 1,812,950 1,944,610 EXPENDITURES: Community Services: Parks 497,973 433,140 433,140 697,280 Recreation 100,834 187,230 187,230 109,200 Transfers to Other Funds 606,280 557,970 557,970 566,190 TOTAL EXPENDITURES 1,205,087 1,178,340 1,178,340 1,372,670 ENDING FUND BALANCE $ 661,270 $ 336,840 $ 634,610 $ 571,940 9-04-07 3:27 PM G/L BUDGET REPORT BUDGET 08-Fiscal 08 Budget FUND : 112 4B SALES TAX REVENUE FUND ITEMS PRINTED: ANNUAL BUDGET AMOUNTS PAGE: 1 ACCOUNT NO# ACCOUNT NAME ANNUAL BUDGET 112-4000-40210 SALES TAX 1,300,000.00CR 112-4000-46110 ALLOCATED INTEREST EARNINGS 10,000.00CR 112-4000-46140 TEXPOOL INTEREST 0.00 112-4000-46143 LOGIC INTEREST 0.00 112-4000-48310 RECOVERY - PRIOR YEAR EXPEND 0.00 112-4000-48410 MISC INCOME 0.00 112-4000-49320 G 0 BOND PROCEEDS 0.00 112-4000-49401 BOND PREMIUM 0.00 PAGE TOTAL: 1,310,000.00CR TOTAL: 1,310,000.00CR TOTAL REVENUES: 1,310,000.00CR 9-04-07 3:27 PM G/L BUDGET REPORT BUDGET : 08-Fiscal 08 Budget FUND : 112 4B SALES TAX REVENUE FUND ITEMS PRINTED: ANNUAL BUDGET AMOUNTS PAGE: 2 ACCOUNT NO# ACCOUNT NAME ANNUAL BUDGET DEPT NO: 000 NON-DEPARTMENTAL 112-4000-44813 CONTRIBUTIONS 4B 0.00 112-5000-59132 TRANSFER TO 4B DEBT SERVICE 566,190.00 4B Debt Service 566,190.00 PAGE TOTAL: 566,190.00 DEPT TOTAL: 566,190.00 9-04-07 3:27 PM G/L BUDGET REPORT BUDGET : 08-Fiscal 08 Budget FUND : 112 4B SALES TAX REVENUE FUND ITEMS PRINTED: ANNUAL BUDGET AMOUNTS PAGE: 3 ACCOUNT NO# ACCOUNT NAME ANNUAL BUDGET DEPT NO: 614 4B PARKS 112-5614-51110 SALARIES 180,390.00 112-5614-51130 OVERTIME 12,500.00 OVERTIME 1 12,500.00 12,500.00 112-5614-51140 LONGEVITY PAY 1,040.00 112-5614-51145 SICK LEAVE BUYBACK 2,000.00 112-5614-51160 CERTIFICATION INCENTIVE 1,500.00 CHEMICAL APPLICATOR LICENSE 2 390.00 780.00 IRRIGATION LICENSE 1 390.00 390.00 PLAYGROUND SAFETY INSPECT. 1 330.00 330.00 112-5614-51170 PARAMEDIC INCENTIVE 0.00 112-5614-51210 CAR ALLOWANCE 0.00 112-5614-51230 CLOTHING ALLOWANCE 1,440.00 112-5614-51310 TMRS 18,610.00 112-5614-51410 HOSPITAL & LIFE INSURANCE 38,410.00 112-5614-51420 LONG-TERM DISABILITY 1,000.00 112-5614-51440 FICA 12,310.00 112-5614-51450 MEDICARE 2,880.00 112-5614-51470 WORKERS COMP PREMIUM 4,050.00 112-5614-51480 UNEMPLOYMENT COMP (TWC) 1,080.00 112-5614-52160 TOOLS/EQUIP- $100-$999.99 0.00 112-5614-56040 SPECIAL SERVICES 72,000.00 Parks Masterplan 72,000.00 112-5614-57310 DEBT SERVICE-FISCAL AGENT FEES 0.00 112-5614-57420 BOND ISSUE COSTS 0.00 112-5614-57810 CAPITAL REPLACEMENT FEES 0.00 112-5614-58110 LAND 330,000.00 CC Grant Land Acquisition 330,000.00 112-5614-58150 LAND BETTERMENTS 18,070.00 carryforward Valentine trail 18,070.00 112-5614-58510 MOTOR VEHICLES 0.00 112-5614-58530 HEAVY EQUIPMENT 0.00 112-5614-58830 FURNITURE & FIXTURES 0.00 112-5614-58840 OUTDOOR FURNITURE & EQUIPMENT 0.00 112-5614-58850 MAJOR TOOLS & EQUIPMENT 0.00 112-5614-58910 BUILDINGS 0.00 PAGE TOTAL: 697,280.00 DEPT TOTAL: 697,280.00 9-04-07 3:27 PM G/L BUDGET REPORT BUDGET : 08-Fiscal 08 Budget FUND : 112 4B SALES TAX REVENUE FUND ITEMS PRINTED: ANNUAL BUDGET AMOUNTS PAGE: 4 ACCOUNT NO# ACCOUNT NAME ANNUAL BUDGET DEPT NO: 615 4B RECREATION 112-5615-51110 SALARIES 48,210.00 112-5615-51112 SALARIES-PARTTIME 38,930.00 112-5615-51130 OVERTIME 0.00 112-5615-51140 LONGEVITY PAY 170.00 112-5615-51145 SICK LEAVE BUYBACK 520.00 112-5615-51160 CERTIFICATION INCENTIVE 0.00 112-5615-51170 PARAMEDIC INCENTIVE 0.00 112-5615-51210 CAR ALLOWANCE 0.00 112-5615-51230 CLOTHING ALLOWANCE 0.00 112-5615-51310 TMRS 4,440.00 112-5615-51410 HOSPITAL & LIFE INSURANCE 6,860.00 112-5615-51420 LONG-TERM DISABILITY 480.00 112-5615-51440 FICA 5,450.00 112-5615-51450 MEDICARE 1,270.00 112-5615-51470 WORKERS COMP PREMIUM 1,900.00 112-5615-51480 UNEMPLOYMENT COMP (TWC) 970.00 112-5615-52010 OFFICE SUPPLIES 0.00 112-5615-52070 COMPUTER SOFTWARE 0.00 112-5615-52130 TOOLS/EQUIP-UNDER $100 0.00 112-5615-52160 TOOLS/EQUIP-$100-$999.99 0.00 112-5615-52310 FUEL & LUBRICANTS 0.00 112-5615-52610 RECREATION SUPPLIES 0.00 112-5615-52710 WEARING APPAREL & UNIFORMS 0.00 112-5615-52810 FOOD SUPPLIES 0.00 112-5615-52990 OTHER 0.00 112-5615-54510 MOTOR VEHICLES 0.00 112-5615-54630 TOOLS & EQUIPMENT 0.00 112-5615-54650 COMMUNICATIONS 0.00 112-5615-54810 COMPUTER HARD/SOFTWARE 0.00 112-5615-54910 BUILDINGS 0.00 112-5615-56040 SPECIAL SERVICES 0.00 112-5615-56080 ADVERTISING 0.00 112-5615-56110 COMMUNICATIONS 0.00 112-5615-56180 RENTAL 0.00 112-5615-56210 TRAVEL & TRAINING 0.00 112-5615-56250 DUES & SUBSCRIPTIONS 0.00 112-5615-57810 CAPITAL REPLACEMENT FEES 0.00 112-5615-58150 MOTOR VEHICLES 0.00 112-5615-58810 COMPUTER HARD/SOFTWARE 0.00 112-5615-58830 FURNITURE & FIXTURES 0.00 112-5615-58850 MAJOR TOOLS & EQUIPMENT 0.00 PAGE TOTAL: 109,200.00 DEPT TOTAL: 109,200.00 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 11, 2007 Item Number: 1 Planning (City Secretary's Use Only) Department: Prepared By: Renae' 011ie Account Code: Date Prepared: August 27, 2007 Budgeted Amount: Exhibits: 5 Subject Hold a Public Hearing and consider, and act upon, amending the zoning from SF-10/24 to SF-10/24 with a Specific Use Permit (SUP) for an Amateur Communication Tower on an existing residential lot, located at 606 Grassy Glen Drive. Zoning Case 2007-07 Recommendation Motion to amend the zoning from SF-10/24 to SF-10/24 with a Specific Use Permit (SUP) for an Amateur Communication Tower on an existing residential lot, located at 606 Grassy Glen Drive. Zoning Case 2007-07 Discussion Owner: Mr. Tracy Griffin Applicant: Mr. Tracy Griffin The subject property is located at 606 Grassy Glen Drive, originally platted in May 2000, the pie-shaped 11,000 square feet lot was zoned SF-3 at that time. November 2001 city-wide amendments to the Zoning Ordinance rezoned the property to Single Family-10/24 District (SF-10/24). A two-story, 2,400 square foot single family house was built in late 2001. The applicant proposes to construct a forty (40) foot Amateur Communication Tower to be erected adjacent to the far northeast corner of the existing two-story house on the property. The house is approximately twenty-six feet in height. The tower will extend fourteen (14) feet above the house. The base of the tower will be set back twenty-seven (27) feet from the rear and side property lines. The Zoning Ordinance requires a Specific Use Permit (SUP) for amateur communications tower within the SF-10/24 zoning district. An SUP provides a means of oversight and evaluation by the Commission and City Council of certain uses as to its probable effects upon adjacent properties and the community's welfare by assuring appropriateness and compatibility with surrounding land uses. The Zoning Ordinance defines amateur communications tower as an antenna that transmits amateur radio (HAM), citizens band, or both spectrums, and that receives any portion of a radio spectrum. Federal regulations, specifically the Federal Communications Commission (FCC) control the operations and licensing of individual amateur radio operators. Although FCC & State regulations prohibit local governments from complete restrictions/prohibitions regarding amateur radio operators; federal rules allow local governments to exercise acceptable health, safety and Page 1 of 2 Page 2 of 2 aesthetic considerations within local ordinances and regulations. The Zoning Ordinance limits are as follows: • One amateur communications tower per site. • Maximum two (2) antenna mounted on one tower • Maximum 900 square feet for single antenna and 1,400 for two antennae. • No portion may encroach into required front, side or rear yard. • Tower may not exceed seventy-five (75) feet in height. Over—air transmission and receptions are governed by FCC regulations; although the possible local interference impacts should be considered in evaluating this request if imposition of regulations is deemed reasonable. Surrounding properties north, south, and east are zoned SF-10/24 and have been developed for single family residential uses. (Harvest Bend Subdivision) The immediate larger property to the west is zoned SF-10/24, with a fairly large metal barn occupying the center of the tract. The location of the applicant's lot within the subdivision and placement of the base of the proposed tower within the required side and rear setback yards lends itself from objectionable influences towards surrounding properties. In addition, the potential value of regional radio operators in time of emergencies to assist in offering alternative communication links can be a consideration. The Planning & Zoning Commission voted to recommend approval of the request 5-0. Notification/Responses: Eighteen (18) notifications were mailed, with no written response returned favoring the request and no response opposing the request at the time of posting. One citizen spoke in favor of the request. Approved By Initial Date Department Director RO 8/2//0/o') City Manager �G1 ! 'I I 1 I i !• • 1 :i1 I 1 I . L. 1 ________=' i I Subject ! , i ! I ! 1 ! f 1 1 1 i , i i I i i i i i i i i ' ! ! i i i ! i ! i •i ; i ! I I f ! 1 t i ; 1 1 1 i ; i 1 1 1 r_1 1 1 I i. .. T.—H•-•-O- • i..._.._»- 1 i 1 1 1 1 -• . i t I I i I r.._.._.. i l 1 I 1 Qle i - l •.• I i 1 I I • • I ! 1 1 I 1 ■ '. 1 1 ! ! ! 1 1 • Alt'.:- - a ! I i i i i 1 .1.�.�..SN1..�..d.. i I 1 1 F t i f e I 4$1111w , ----i,:i'mil I 11111 iii* LT' 4 ' T afrmoun0 JneI n ear - itin 011 _tag_all 11. n i ° 4411.1111111 —.111111 1-----— . "11115. iv i mu i 1—11111 Harvc9:end QiYe 3 MI C C.a�.MI=� 1 I IJ I ( 1 C Q . .._.___.._..--.._..___. ' — _ 0 lit Eason Una - ifi I ! iieJ*;i ;r:/' : I.._ _.._._ _..-.. . 1-1.4.__i • %._ 1 r....\...,_i Pr- i _ F i .' =walk i - LOCATION MAP ZONING CASE #2007-07 My name is Tracy Y. Griffin. I hold a general class Ham Radio License. I have an immense passion for ham radio. My family has been in Wylie since 1989. I have lived here for 2 %years. I would like to erect and antenna tower for my radios and have applied to the city for a permit. I would appreciate your consideration of this matter. Tracy Y. Griffin SURVEY PLAT The la to certify that I have. the date,mad.o careful end accurate survey on the ground or property located et No• 606 GRA55Y GLEN DRIVE ,In the city of WYLIE •_ _. Lot No. Texas. 8 Bock No. _ of HARVEE r t3ENt? en addition to the City of WY IE. COL!_iN COUNTY Texas, according to the_ MAP THEREOF recorded in Volume ! et E'er 9�S of the MAP Retards of GQLLIN County Texas. a ____ •— GRASSY GLEN OR IVe 50' R.O.W. 4,P / 4AMV dot° TZ DR. ' rAL ill- R=SC�•OQt � / _ _.._ L=46.38I / ,' Txu ESM'T. .-= ! _ . j . �V e* ,+hY7 25' 6L '- .--------..----..L. .._ !►.'- . ... job at v 41, 22.5' • • • CI .'\ .4ti e• • • •v1� . vs .4.• — a • ••'� - •. : LOT LOT e• '_. O.o' N . r 9 bp ri 7O' 10 I4.0 T' C11Y Op xii { o �i �'' afiGii I_ 1t'1 TWO STORY 1 1Lr • 11%' . F TiONS e ` BR iGK c i v • 0 LOT fil rtil tEZ_1 ..Q $It e.o' ' 22.�' 0 27.i' `d` /i ' / +p ,�j p x IA . ' h�I7 • 6V' p t C ,, 1'� j v I 0.0' lb 0.2` 5 OD` 041 27" E 96.43' k2.41 EASEMENTS RECORDED IN Tile FOLLOWING REM*NI7CR or•LOT 2 VOLUMES AND PAGES DO NOT A!7■ECT THE ANVERFIUS ADDITION ADOVC DESCRIBED PROPERTY VOL. 6.Pa. 2'!0 VOLUME D06, PAGE 130 140 IJOTE. PROPERTY' SUBJECT TO EASEMENTS VOLUME 206. PAGE 75 IN DECLARATION REGORDEO IN VOLUME I28d, PAGL°t 752 VOLUME 4803. PAGE ROO NOTE: t According EAS1NENIS PHD LRBUILDING LIES ARE n RECORDED FIAT UNLESS OIIERIOSE N01ED. NO1E: According to the F-I,R.M• in Community Pone! No. +90B9G047f3G ,this property does lie in lone x and GrOES NOT fie within the 100 year flood zone. "-- / . - / .....•••'''''-'...- • • ■ „ �a = i _ _ A, .j' '•..1 .-ter �• 1.-.1,,;.., : ? •. fn,h !I „Ask, .. r 1 }' f 2}.mow .�Jyy��L�ee.••_ 'y{• �' y�` A' `• _ • ,.. • . .,... . ..,; ..? .i. - . --,-- ., n.: • ,.._ .,.....,. : .,.. . , . .4� i.. i,� -- r '`' -., ' , '4.. .4 Y S 1' l 1. ; • .,',.- - . 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" ‘4"..4......Li L--1 ...' ..' 4.-- ,-- . ., . ----:.... ,- _- ..----'T-T: ' • .; . - - _ -• • _ _ 1 - • - -- ., -<ZatIEM•t, _ .- - - , _ .-- , - --- .......___ ,• — NOTIFICATION REPORT APPLICANT: Tracy Y.Griffin APPLICATION FILE #2007-07 606 Grassy Glen Drive Wylie,Texas 75098 # BLK/ABST LOT/IRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS 1 Applicant 606 Grassy Glen Drive Tracy Y.Griffin _ Wylie,Texas 75098 Harvest Bend#1 506 Grassy Glen Drive 2 Blk B Lot 4 R-4447-00B-0040-1 David Kiser Wylie,Texas 75098 Harvest Bend#1 600 Grassy Glen Drive 3 Blk B 5 R-4447-00B-0050-1 Gilbert Watts Wylie,Texas 75098 Harvest Bend#1 602 Grassy Glen Drive 4 Bik B 6 R-4447-00B-0060-1 Gloria Jordan Wylie,Texas 75098 Harvest Bend#1 604 Grassy Glen Drive 5 8ik B 7 R-4447-00B-0070-1 Brian McCord Wylie,Texas 75098 Harvest Bend#1 606 Grassy Glen Drive 6 Blk B 8 R-4447-00B-0080-1 Eiree Griffin Wylie,Texas 75098 Harvest Bend#1 608 Grassy Glen Drive 7 Blk B 9 R-4447-00B-0090-1 Tetsuya Griswold Wylie,Texas 75098 Harvest Bend#1 201 Autumn Breeze Drive 8 BIk B 10 R-4447-0QB-0100-1 Jacqueline Henriksen Wylie,Texas 75098 Harvest Bend#1 203 Autumn Breeze Drive 9 BIk B 11 R-4447-00B-0110-1 Carey Peoples Wylie,Texas 75098 Harvest Bend#1 205 Autumn Breeze Drive 10 81k B 12 R-4447-00B-0120-1 David Reed Mlle,Texas 75098 Harvest Bend#1 Secretary of Housing&Urban Dev. 5040 Addison Circle#300 11 BIk D Lot 7 R-4447-00D-0070-1 c/o Souothwest Alliance Asst Mgrs Addison,Texas 75001 Harvest Bend#1 203 Terrace Drive 12 Blk D 8 R-4447-00D-0080-1 Shelly Vandervoort Wylie,Texas 75098 Harvest Bend#1 201 Terrace Drive 13 BIk D 9 R-4447-00D-0090-1 Nell Singer Wylie,Texas 75098 Harvest Bend#1 200 Autumn Breeze Drive 14 BIk D 10 R-4447-00D-0100-1 Ralph Ward Wylie,Texas 75098 Harvest Bend#1 202 Autumn Breeze Drive 15 81k D 11 R-4447-00D-0110-1 Beatriz Patten Wylie,Texas 75098 Harvest Bend#1 204 Autumn Breeze Drive 16 BIk D 12 R-4447-00D-0120-1 Jane Borland Wylie,Texas 75098 Parker-Schuerhoff Addn 634 N. Ballard Avenue 17 -- I Lot 1 I R-9158-000-001A-1 Patrricia Schuerhoff Wylie,Texas 75098 Parker-Schuerhoff Addn PO Box 307 18 -- I Lot 1 B I R-9158-000-0018-1 Richard Parker Wylie,Texas 75098 Porker-Schuerhoff Addn PO Box 307 19 --- lot 2 R-9158-000-0020-1 Richard Parker Wylie, Texas 75098 PO Box 219071 20 Abst 696 Tract 26 R-6696-000-0260-1 Oncor Electric Delivery Company Dallas, Texas 75221 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 1 18 \\NNI 19 a) 25 24 23 22 21 20 r 4.,,. ...„,;--,ti„--- -,,,,t,....m65-ii"4.,-.4,,v6 , #:.4.7 1•,„.,,, 'cy - ,-4,s rr Y{.y£ \ _ z/j. t t e s �I x �i'4 / ~T{ .i 1 ,.,..`'d . ?� f -..4%r"d"° b 1' -O .. z ri ` t '�kr d S r ?u., +>�"° .S {.;fir a ,-10: .-4 i, ,.,k-.14.L - �,r.r m,y 1. n .� 6 S i t ks Y'iix;,.,,,,,,,;, q4' p �¢ b _ r 4:y o ',-.,-° 33 34r �� " , ` ' > Pd P_ ) � + a 3 • f3 b t{{ • J � 4- r v a t„Y ..., .„. . L. ________--. , Sze Dryi o-. � _ r�� ,.....- = .,.:... . : .....,,,,..7.-1..„.1 ..,i. ...,.... _ - - ,- . :_ ,. ... . , . , .. - _7. . - . . : . - : .. : , ., .L. 14 13 12 /, ..,.,....li r ' �Ic? C) .3..';•.:17,,, •'?..-:::•.-!'..t. 1 -- •-• , - . , •.,. • ..,• , • -,2-, . . 2 �b .a� i' � 7N 1R�%3M. f"' Drive CD 3 Lot2 1(4--,\ 13 12 11 10 (/) 11 1 it✓ /00 i OWNER NOTIFICATION MAP ZONING CASE #2007-07 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 11, 2007 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae 011ie Account Code: Date Prepared: September 5, 2007 Budgeted Amount: Exhibits: 1 Subject (Motion to remove from table) Consider, and act upon, amending Planned Development 2002-52 with Specific Use Permit 06-14 zoning to allow for Neighborhood Services District on a 2.03 acre tract within the PD district. Zoning Case 2007-05 Recommendation Motion to table until September 25, 2007 City Council Meeting, Zoning Case 2007-05 amending Planned Development 2002-52 with Specific Use Permit 06-14 zoning to allow for Neighborhood Services District on a 2.03 acre tract within the PD district. Discussion Owner: LT Lake Trails 544, L.P. Applicant: Mr. Phil Clegg, Managing Director The applicant is requesting to be tabled until September 25, 2007, to allow additional time to complete the Conditions of the Planned Development as requested by City Council. Approved By Initial Date Department Director RO 8/ 1/07 City Manager 1 \ flb fo'7 Page 1 of 1 From: Phil Clegg [mailto:phil@redgroupdevelopment.com] Sent: Wednesday, September 05, 2007 1:35 PM To: Mary Bradley Cc: 'Harry James'; 'Skip at Home'; 'Skip Klinefelter' Subject: Zoning Case 2002-52 with Specific Use Permit 06-14 Dear Mary, As discussed, please consider this letter as our request to table the above referenced zoning case until September 25, 2007. Thank You, C. Phillip Clegg Managing Director RED Group Development 1771 International Parkway Suite 127 Richardson, TX 75081 Office 972-235-2400 Toll Free 888-473-0600 Fax 972-699-3507 Cell 469-867-4562 Member: Urban Land Institute(ULI) National Home Builders Association—Dallas(HBA-Dallas) Texas Association of Builders(TAB) 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 11, 2007 Item Number: 3 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 27, 2007 Budgeted Amount: All Funds Summary, Budget Exhibits: Ordinance Subject Consider, and act upon, Ordinance No. 2007-29 of the City of Wylie, Texas adopting a budget and appropriating resources for Fiscal Year 2007-2008, beginning October 1, 2007, and ending September 30, 2008. Recommendation Motion to approve Ordinance No. 2007-29 adopting a budget and appropriating resources for Fiscal Year 2007- 2008, beginning October 1, 2007, and ending September 30, 2008. Discussion The tax rate being proposed for fiscal year 2007-2008 is $0.73325/$100. This is $.0265/100 higher than last year. For all budgeted funds, the projected totals for available revenues and expenditures are $43,445,200 and $71,475,690 respectively. At its August 14th meeting, Council accepted the proposed Ad Valorem tax rate of $0.73325 per $100 assessed valuation for FY 2007-2008. The Fund summary was published in the Wylie News on August 15, 2007. Council held the required public hearing on the budget on August 28, 2007. Approved By Initial Date Department Director LW 8/ 7/07 City Manager �� q /lft(7 Page 1 of 1 ORDINANCE NO. 2007-29 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2007-2008, BEGINNING OCTOBER 1, 2007, AND ENDING SEPTEMBER 30, 2008; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager and staff have prepared and filed with the City Secretary a proposed budget for operation of the City during Fiscal Year 2007-2008; and WHEREAS, the proposed budget appears to be in form and substance which fully complies with all applicable provisions of the City Charter and State law; and WHEREAS, the proposed budget has been available for public inspection and review; and WHEREAS,the City Council on August 28, 2007, conducted a public hearing to receive input from the citizens of the City concerning the content of the budget; and WHEREAS, the Council having considered the proposed budget at length, and having provided input into its preparation, has determined that the proposed budget and the revenues and expenditures contained therein is in the best interest of the City and therefore desires to adopt the same by formal action; NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. That the proposed budget of the revenues of the City and the expenses of conducting the affairs thereof, as summarized in the attached Exhibit A and fully incorporated herein by reference, be, and the same hereby is, completely adopted and approved as the Budget for the City for Fiscal Year 2007-2008. Section 2. That the sum of thirty five million, seven hundred and sixty seven thousand, nine hundred and thirty dollars ($35,767,930) is hereby appropriated out to the General Fund, Wylie Economic Development Corporation Fund, 4B Sales Tax Revenue Fund, Emergency Communications Fund, Fire Training Center Fund, Park Acquisition & Improvement Fund, Municipal Courts Technology Fund, Debt Service Funds, Street Capital Project Fund, 2006 General Obligation Fund, 2007 PPFCO Fund, Utility Fund, 2007 Utility C.O. Fund, Impact Fund, and Fleet Fund for payment of operating expenses and capital outlay of the operation and administration of the City according to the various purposes and intents therein described. Section 3. The specific authority is hereby given to the City Manager to transfer appropriations budgeted from an account classification or activity to another within any individual department or activity; and to transfer appropriations from designated appropriations to any individual department or activity as provided in the City Charter. Ordinance#2007-29 Approval of Budget FY 2007-2008 1 Section 4. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 5. This ordinance shall be in full force and effect from and after its adoption by the City Council pursuant to the law and the City Charter. Section 6. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 11th day of September, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News- September 19,2007 Ordinance#2007-29 Approval of Budget FY 2007-2008 2 SUMMARY OF REVENUES, EXPENDITURES,AND CHANGES IN FUND BALANCE ALL OPERATING AND CAPITAL FUNDS FISCAL YEAR 2007-2008 BUDGET DEBT SERVICE FUNDS PROPRIETARY FUNDS CAPITAL SPECIAL G 0 DEBT 4B DEBT PROJECTS FLEET GENERAL FUND REVENUE FUNDS SERVICE SERVICE FUNDS UTILITY FUND REPLACE. TOTAL ALL FUNDS BEGINNING BALANCES $ 6,517,310 $ 3,559,874 $ 100,000 $ 176,000 $ 47,429,838 $ 4,400,180 $ 1,083,110 $ 63,266,312 REVENUES: - Ad Valorem Taxes 11,890,020 - 3,624,480 - - - - 15,514,500 Non-Property Taxes 2,612,000 2,600,000 - - - - - 5,212,000 Franchise Fees 1,980,000 - - - - - - 1,980,000 Licenses&Permits 977,750 25,000 - - - - - 1,002,750 Intergovernmental 451,110 10,000 - - - - 461,110 Service Fees 2,262,140 760,000 - - 1,504,810 8,617,000 - 13,143,950 Court Fees 551,000 - - - - - - 551,000 Interest&Misc. Income 328,500 85,800 - - 397,500 230,000 20,000 1,061,800 TOTAL REVENUES 21,052,520 3,480,800 3,624,480 - 1,902,310 8,847,000 20,000 38,927,110 Transfers from Other Funds 455,000 883,000 771,540 566,190 108,500 1,707,000 26,860 4,518,090 TOTAL AVAILABLE RESOURCES 28,024,830 7,923,674 4,496,020 742,190 49,440,648 14,954,180 1,129,970 106,711,512 EXPENDITURES: General Government 6,140,750 - - - - - 91,900 6,232,650 Public Safety 9,031,090 1,350,700 - - - - - 10,381,790 Development Services 1,283,970 - - - - - - 1,283,970 Streets 1,630,040 - - - - - - 1,630,040 Community Services 2,517,150 904,040 - - - - - 3,421,190 Utilities - - - - - 8,264,570 - 8,264,570 Debt Service - - 4,389.980 566,190 - 1,914,850 - 6,871,020 Capital Projects - 154,040 - - 26,815,090 - 279,800 27,248,930 Economic Development - 1,623,440 - - - - 1,623,440 TOTAL EXPENDITURES 20,603,000 4,032,220 4,389,980 566,190 26,815,090 10,179,420 371,700 66,957,600 Transfers to Other Funds 866,300 571,190 - - 2,603,740 476,860 - 4,518,090 ENDING FUND BALANCE $ 6,555,530 $ 3,320,264 $ 106,040 $ 176,000 $ 20,021,818 $ 4,297,900 $ 758,270 $ 35,235,822 TOTAL REVENUES $ 43,445,200 NET DECREASE(INCREASE)IN FUND BALANCE 28,030,490 TOTAL APPROPRIABLE FUNDS $ 71,475,690 7; Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 11, 2007 Item Number: 4 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 27, 2007 Budgeted Amount: Exhibits: Subject Consider, and act upon, ratifying the property tax increase reflected in the approved City of Wylie FY2007-2008 Budget. Recommendation Motion to ratify the property tax increase reflected in the approved City of Wylie FY2007-2008 Budget. Discussion H.B. No. 3195 is new this year. Under Section 4, subsection C the bill states, " Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law. Approved By Initial Date Department Director L nil IW1n 8/27/07 City Manager r I ' 1 ( i7 Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: September 11, 2007 Item Number: 5 Department: Finance Department (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: August 27, 2007 Budgeted Amount: Exhibits: Ordinance Subject Consider and act upon, Ordinance No. 2007-30 fixing the tax rate/ levy for FY 2007 and budget year FY 2007- 2008 at $.73325 per $100.00 of valuation. Recommendation Motion to approve Ordinance No.2007-30 fixing the tax rate/ levy for FY 2007 and budget year FY2007-2008 at $.73325 per$100.00 of assessed valuation. Discussion The tax rate needed to fund the FY 2007-2008 budget is $.73325 per $100.00 of assessed valuation. The tax rate is broken down with $.56195 being used for operations and maintenance and $.17130 being used for the General Debt Service Fund. This tax ordinance will generate new levies of$11,378,107 for the General Fund and $3,468,429 for the General Debt Service Fund. The adopted Fiscal Year budget requires the support of this ordinance. Approved By Initial Date Department Director LW 8/2 /07 City Manager I Y i Y1 1 o7 Page 1 of 1 ORDINANCE NO. 2007-30 AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE, TEXAS, FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30, 2008, AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY; PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $0.00. WHEREAS, the City Council has this date, by way of Ordinance duly passed, adopted a Budget of operation for the City for fiscal year 2007-2008; and WHEREAS, the aforesaid Ordinance anticipates and requires the levy of an ad valorem tax on tangible taxable property in the City of Wylie; and WHEREAS, it is necessary to levy such an ad valorem tax at a given rate to generate revenues sufficient to meet projected expenses; and WHEREAS, the City has fully and timely complied with all notice and other requirements relative to the adoption of a tax rate for fiscal year 2007-2008; and, WHEREAS, notice of the proposed tax rate, as well as the effective tax rate, has been published as required by law and the City has received no formal protest thereof; NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas, as follows: Section 1. There is hereby levied for the fiscal year 2007-2008 upon all real property situated within the corporate limits of said City of Wylie, Texas, and upon all personal property which was owned within the corporate limits of said City of Wylie, Texas, on the first day of January, A.D. 2007, except so much thereof as may be exempt by the Constitution or laws of the State of Texas, a total tax of$0.73325 on each $100 of assessed valuation on all said property which said total tax herein so levied shall consist and be comprised of the following components: Ordinance 2007-30 Approval of Tax Rate 2007-2008 1 a) An ad valorem tax of and at the rate of$0.56195 on each $100 of assessed valuation of said taxable property is hereby levied for the general city purposes and to pay the current operating expenses of said City of Wylie, Texas, for the fiscal year ending September 30, 2007, which tax, when collected shall be appropriated to and for the credit of the General Fund of said City of Wylie, Texas. b) An ad valorem tax of and at the rate of$0.17130 on each $100 of assessed valuation of said taxable property is hereby levied for the purpose of creating an Interest and Sinking Fund with which to pay the interest and retire the principal of the valid bonded indebtedness, and related fees of the City of Wylie, now outstanding and such tax when collected shall be appropriated and deposited in and to the credit of the Interest and Sinking Fund of said City of Wylie, Texas, for the fiscal year ending September 30, 2006. Section 2. The City of Wylie shall have a lien on all taxable property located in the City of Wylie to secure the payment of taxes, penalty and interest, and all costs of collection, assessed and levied hereby. Section 3. Taxes are payable in McKinney, Texas, at the Office of the Tax-Assessor Collector of Collin County. The City shall have available all the rights and remedies provided by law for the enforcement of the collection of taxes levied under this ordinance. Section 4. That the tax roll presented to the City Council, together with any supplements thereto, be and same are hereby accepted and approved. Section 5. Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. Section 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. Section 7. That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. Section 8. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. Ordinance 2007-30 Approval of Tax Rate 2007-2008 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this thel lrh day of September, 2007. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—September 19, 2007 Ordinance 2007-30 Approval of Tax Rate 2007-2008 3