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08-28-2007 (City Council) Minutes 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 Agricultura1/30 (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 Agenda 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 Tern 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 Tern 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 Tern 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 Tern 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 Holsted 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. (I 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 Tem 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. (I 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 Tern 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. ```\`����uiarrrrr�� ddy, Mayor SEAL ATTEST: � • •�;'• .... P' °,`��• '�rrrrnr►����`� ‘;d4e- C role Ehrlic City Secretary Minutes—August 28, 2007 Wylie City Council Page 15 AFFIDAVIT STATING CONFLICT OF INTEREST STATE OF TEXAS ) ) COUNTY OF COLLIN ) ((,, COMES NOW, e LA_ 40 A.K , (Affiant), of lawful age and upon being first duly sworn alleges and states th following: Affiant is a member of the C.41-kk C.3 u.....C. I of the City of Wylie, Texas, which is presently considering or soon will be considering taking action (via vote or decision) which concerns a business entity or real estate, to wit: , to which the affiant has a substantial interest, on the basis of the following: Ownership of 10% or more of the voting stock or shares of the business entity; or Ownership of either 10% or more, or $15,000 or more of the fair market value of the business entity; or Funds received by the affiant from the business entity exceed 10% of the affiant's gross income for the previous year; or Ownership of a legal or equitable interest in subject real estate with(said interest)having a fair market value of$2,500 or more; or Is related to a person (in the first degree,by consanguinity or affinity, as determined under Chapter 573, Government Code), who has a substantial interest as such term is defined in Subsection 171.002 of the Local Government Code. Affiant further acknowledges that they are required to abstain from further participation in the matter,if, a) In the case of substantial interest in a business,entity the action on the matter will have a special economic effect on the business entity that is distinguished from the effect on the public; or b) In the case of a substantial interest in real property, it is reasonably foreseeable that an action on the matter will have a special economic effect on the value of the property,distinguishable from its effect on the public. Provided however, that such abstention shall not be required if a majority of the members of the above named governmental body are likewise required to file, and do file, affidavits of similar interest on the same official action. FURTHER AFFIANT SAITH NOT • Affiant SubsRribed and Sworn before me the undersigned notary public, by the above named 19/In Won gy , this 67 try '.. of /-{d,u s f,'4.999�, v 7 igrA ie ivoa,e44, c GAVLE WALTON No •ry blic r^� My Commission Expires Revised 1i99 �, kdV 16,709_