11-13-2007 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council
Tuesday, November 13, 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 6:03 p.m. Council Members present were: Mayor
Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman
Merrill Young, Councilman Rick White, and Councilman Carter Porter.
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; Planning Director, Renae' 011ie; City Engineer, Chris
Hoisted; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various
support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Major Jeff Miracle gave the invocation and Councilman White led the Pledge of Allegiance.
PRESENTATIONS
• Presentation of the "Star Tree" for the City of Wylie 2007 Reach For A Star
Program. (T. Nicholson, Fire Inspector/Council)
RFS Committee Chair Tommy Nicholson and committee member Kevin England presented the
2007 Reach for A Star Tree and asked the Mayor and each Council member to adopt a star
from the tree to purchase Christmas gifts to be distributed to a child during the Christmas
Season. This officially kicked off the Star Program.
• Presentation to 2' Six Weeks Star Students — Character Trait of "Respect". (J.
Mondy, Mayor/Council)
Mayor Mondy and Mayor Pro Tem Byboth presented certificates to students from the WISD
campuses showing the character trait of"Respect".
Minutes— November 13, 2007
Wylie City Council
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• Kick Off of the Salvation Army 2007 "Red Kettle" Campaign. (C. Olson, Salvation
Army/J. Mondy, Mayor)
Major Jeff Miracle made a presentation to kick off the Salvation Army's 2007 "Red Kettle"
Campaign. He stated that money donated in the Wylie area would be used to assist families in
the area and would stay within the communities. He asked Wylie citizens to be generous when
they see a volunteer ringing the bell and give to the "Red Kettle". In recognition of the kick off,
Mayor John Mondy placed the first dollar in the "Red Kettle".
• Presentation and acceptance of donated Polaris Ranger from the US Smokeless
Tobacco Association. (R. Corbin, Fire Chief)
Fire Chief Randy Corbin introduced Sean Campbell and David Burleson, representing U.S.
Smokeless Tobacco, the benefactor of the new Polaris Ranger, The unit was donated by this
group to Wylie Fire Rescue to use as a special event ambulance, wildland firefighting transport
vehicle, and rehabilitation supply distribution unit on major emergency incidents. A brief tour of
the vehicle was given as well as photo documentation of the keys to the unit being handed over
to Mayor John Mondy.
• Presentation of donated Weather Radios to Wylie Independent School District
(WISD). (R. Corbin, Fire Chief)
Mayor Mondy announced that the presentation of weather radios would be postponed to a later
date.
• Presentation of a Directional Sign to the City of Wylie. (S. Startzell, National Sign
Plazas/R. 011ie, Planning Director)
Planning Director 011ie introduced Mr. Steve Startzell representing National Sign Plazas, located
at 2501 Central Pkwy. #C-R, Houston, Texas. Mr. Startzell explained that National Sign Plaza
acts as an intermediary; providing cities with a uniform, directional sign program that earns the
City revenue (No cost to the City) and provides the homebuilder with the directional signage that
they need to sell homes. He added that the City would receive free of charge 10% of the space
for directional signs to municipal buildings and would receive 10% of the revenue generated
from the sale of sign space.
• Presentation from Vision North Texas—"Understanding Our Options For Growth".
(K Walz, Project Manager/R. 011ie, Planning Director)
Karen Walz, Project Manager for Vision North.Texas gave a short presentation on the services
that her organization provided to government entities. She explained that Vision North Texas
has partnered with North Central Texas Council of Governments (NCTCOG) and the University
of Texas at Arlington (UTA). Vision North Texas' activities are directed by an 11 member
Management Committee from the private, public and academic sectors, and are guided by more
than 60 advisors representing key private and public sector entities. The organization addresses
issues that provide a better quality of life, sustainability and economic vitality for people who will
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Wylie City Council
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live and work here in the future. She noted that the expansive growth in the region and the
effect it has on air quality, agricultural lands, water quality, energy, water supply and open
spaces are just some of the issues that are studied to find better alternatives for our future
growth.
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 was no one 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.
A. Consider, and act upon, approval of the Minutes from the October 23, 2007 Regular
Meeting of the City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2007-37(R) authorizing the City Manager to
enter into an Interlocal Agreement with Collin County for the Olde City Park Land
Acquisition and Improvements Project. (M. Sferra, Public Services Director)
C. Consider, and act upon, Ordinance No. 2007-38 amending Ordinance No. 2006-04,
Article 5, 5.1(A)(2): Animal Boarding/Kennel without Outside Pens, to allow such
use by right within Light Industrial Zoning Districts. (R. 011ie, Planning Director)
D. Consider, and act upon, approval of a proposal, in the amount of $40,317.00, from
Trane to replace HVAC units at the Rita and Truett Smith Public Library and the
Bart Peddicord Community Center. (M. Sferra, Public Services Director)
E. Consider, and act upon, approval and final acceptance of the Stone Road Paving
Project and authorize final payment to Tri-Con Service, Inc., in the amount of
$51,118.42, and accept the project as complete. (C. Holsted, City Engineer)
F. Consider, and act upon, approval and final acceptance of the Alanis Drive Paving
Project and authorize final payment to Lacy Construction, in the amount of
$44,614.16, and accept the project as complete. (C. Holsted, City Engineer)
Council Action
A motion was made by Councilman Young, seconded by Councilman White to approve the
Consent Agenda as presented. A vote was taken and passed 7-0.
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REGULAR AGENDA
General Business
1. Consider, and act upon, Resolution No. 2007-38(R) adopting guidelines and criteria
for the provision of tax abatement agreements. (S. Satterwhite, WEDC Executive
Director)
Staff Comments
WEDC Executive Director Satterwhite addressed Council stating that over the last several months, the
Wylie City Council has considered the merits surrounding the provision of a tax abatement to stimulate
economic development within a commercial sector of the community. In order to do so, there are several
procedural steps which must be taken in order to develop this type of incentive program.
Mr. Satterwhite explained that a taxing entity may not enter into a tax abatement agreement as authorized
by the Property Redevelopment and Tax Abatement Act unless the governing body has established
guidelines and criteria governing tax abatement agreements by the taxing entity and a resolution stating
that the taxing entity elects to become eligible to participate in tax abatements. What these guidelines do
not do is: (1) limit the discretion of the governing body to decide whether to enter into a specific tax
abatement agreement; (2) limit the discretion of the governing body to delegate to its employees the
authority to determine whether or not the governing body should consider a particular application or
request for tax abatement; or (3) create any property, contract, or other legal right in any person to have
the governing body consider or grant a specific application or request for tax abatement. He stated that
the proposed Resolution and associated guidelines establish subjective criteria for evaluating requests for
tax abatements, minimum thresholds to be eligible for consideration for both new and exiting businesses,
as well as maximum abatement levels.
Council Discussion
Councilman Young asked WEDC Executive Director Satterwhite why, on page 4 of the guidelines, a
minimum of ten (10)jobs was required by the end of the abatement period. He noted that he believed the
requirement should be to create more than ten (10) jobs by the end of the abatement period. Mayor
Mondy asked Mr. Satterwhite why the WEDC Board was only requiring ten (10) jobs be listed within the
guidelines. Mr. Satterwhite replied that the Wylie Economic Development Board was not recommending
the reinvestment zone and the proposed resolution for guidelines. He explained that the guidelines were
only suggesting a minimum threshold; at any time the City Council could request the number be raised for
any individual reinvestment agreement being considered. He stated that the individual consideration of
each agreement would include the review of many factors, such as real and personal property, inventory,
assessed value, jobs and other individual factors relating to each business. He explained that the City did
not want to limit the factors considered that may benefit the City for any certain project. He reported that
in his tenure with the City, he could not think of any agreement that was approved for less than 20-30 jobs
created by the end of the abatement period. Councilman Young asked why in paragraph three of page 5,
a unanimous vote of the City Council would be required to approve going beyond the guidelines for any
individual agreement. Mr. Satterwhite replied that this was placed in the agreement to give the Council
the opportunity to consider those agreements that don't fall within the guidelines. For example an
agreement that gave many other factors that were very beneficial to the City could then be approved by
unanimous vote. Councilman Young replied that he would like to see a simple majority on that
consideration. If the application was that good, the simple majority would be enough. Councilman Goss
stated that he would like to see the three-quarter vote required like paragraph one whereby several would
need to agree with factors to approve going above and beyond the guidelines. He stated that he felt a
unanimous vote would leave only one voting against killing the project and therefore three-quarter vote
was more flexible. Mayor Mondy stated that he would like to see a three-quarter vote. Councilman Young
asked if Section VIII. Committee could be struck from the agreement. Mr. Satterwhite stated that one of
the requirements was to notify the other entities if the City was considering a tax abatement agreement.
Councilman Porter stated that he was in agreement that the other entitles should be contacted but there
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Wylie City Council
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was no reason to establish a committee of two from each taxing entity. Mr. Satterwhite stated that it
could be logistically difficult to create the committees in some instances.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to approve
Resolution No. 2007-38(R) adopting guidelines and criteria for the provision of tax abatement
agreements with the follow amendments: change paragraph three of page 5 to change
unanimous vote of City Council to a three-quarter vote of City Council to approve agreement
going beyond the guidelines, and strike section VIII. Committee from the guidelines document.
A vote was taken and passed 7-0.
Public Hearings
2. Hold a Public Hearing and consider, and act upon, an amendment to Zoning
Ordinance 2005-28 Article 3 (Residential District Regulations) as it relates to Yard
Requirements, particularly non-enclosed patio covers. (R. 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed Council stating that staff is requesting to table this item until December
11, 2007, to allow additional time to research desired materials and wording, roofing types, distance, and
size for non-enclosed patio covers as requested by the Planning and Zoning Commission. She explained
that the public hearing on this case had been published and asked Council to open the public hearing and
continue to the December 11, 2007 Council Meeting.
Public Hearing
Mayor Mondy opened the Public Hearing for amendments to Zoning Ordinance 2005-28 at 7:16
p.m.
No one was present to address Council during the public hearing.
Council Action
A motion was made by Councilman White, seconded by Councilman Young to continue the
public hearing and table consideration of Item #2, amendment to Zoning Ordinance 2005-28,
Article 3 (Residential District Regulations) Yard Requirements for non-enclosed patio covers to
the December 11, 2007 City Council Meeting. A vote was taken and passed 7-0.
3. Hold a Public Hearing to hear evidence for or against the creation of a
Reinvestment Zone as authorized by the Property Redevelopment and Tax
Abatement Act, Chapter 312 of the Texas Tax Code. (S. Satterwhite, WEDC
Executive Director)
Staff Comments
WEDC Executive Director, Satterwhite addressed Council stating that In compliance with the Property
Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code, this public hearing was
published at least seven days prior in a newspaper of general circulation. As well, seven days' written
notice of the hearing was given to the presiding officer of each of the other taxing units having jurisdiction
over real property within the zone. A reinvestment zone is a contiguous area within which tax abatements
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Wylie City Council
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can be offered. Prior to the creation of the zone by Ordinance, this public hearing must be held to allow
any interested person the opportunity to present evidence for or against the designation of a reinvestment
zone. At this public hearing, the City Council must find that the improvements sought within the zone are
feasible and will be of benefit to the zone after the expiration of the tax abatement agreement and that the
designation of the zone is reasonably likely to attract significant investment to the zone.
Public Hearing
Mayor Mondy opened the Public Hearing to allow interested persons the opportunity to present
evidence for or against the designation of a reinvestment zone at 7:19 p.m.
No one was present to address Council during the public hearing.
With no one present to address Council, Mayor Mondy closed the Public Hearing at 7:20 p.m.
No action was taken on this item.
4. Hold the first of two Public Hearings regarding the need to continue, abolish or
modify the City of Wylie Juvenile Curfew Ordinance No. 2005-08. (J. Duscio,
Assistant Police Chief)
Staff Comments
Assistant Police Chief Duscio addressed Council stating that the Texas Local Government Code §
370.002 (a) states that before the third anniversary of the date of adoption of a juvenile curfew ordinance
by a general-law municipality or a home-rule municipality or an order of a county commissioners court,
and every third year thereafter, the governing body of the general-law municipality or home-rule
municipality or the commissioners court of the county shall: (1) review the ordinance or order's effects on
the community and on problems the ordinance or order was intended to remedy; (2) conduct public
hearings on the need to continue the ordinance or order; and (3) abolish, continue, or modify the
ordinance or order. The second public hearing and action on the Ordinance will be taken at the December
11, 2007 City Council Meeting. Mayor Mondy asked Chief Duscio how the curfew ordinance was
working. Assistant Chief Duscio replied that the curfew was working well. Assistant Chief Duscio
explained that last year there were 22 citations issued. This year there have been 23 citations
issued. Councilman Young asked Asst. Chief Duscio to explain Section 4.3. Asst. Chief Duscio
explained that if the were individual under the age of 17 in the establishment, and they are
asked to leave and do not, they would be in violation of the ordinance. He explained that if the
youth was accompanied by a parent or adult over the age of 18 years that would be allowed;
however if they were causing problems and asked to leave, and the adult over 18 was not the
legal guardian, they would be in violation of the ordinance. Mayor Pro Tern Byboth asked what
the ordinance required in reference to City functions such as the rodeo. Asst. Chief Duscio
replied that the officer would not enforce the ordinance if the youth was there supervised and
not causing problems however if a problem arose, the officer would first ask the youth to contact
their parents to come and get them.
Mayor Mondy requested that before the second public hearing and action on the continuation,
abolition or amendment to the ordinance he contact the councilors at the high school to put
notice for the students of the consideration of the Curfew Ordinance on December 11, 2007 so
they have the option to attend the meeting and give input during the public hearing. Assistant
Chief Duscio replied that he would.
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Public Hearing
Mayor Mondy opened the first Public Hearing to receive input from citizens and staff on the
need to continue, abolish, or modify Curfew Ordinance No. 2005-08 at 7:22 p.m.
No one was present to address Council during the first public hearing regarding Ordinance No.
2005-08.
Mayor Mondy closed the Public Hearing at 7:22 p.m.
No action was taken on this item.
General Business
5. Consider, and act upon, Ordinance No. 2007-39 creating Reinvestment Zone
Number 6 as authorized by the Property Redevelopment and Tax Abatement Act,
Chapter 312 of the Texas Tax Code. (S. Satterwhite, WEDC Executive Director)
Staff Comments
WEDC Executive Director Satterwhite addressed Council stating that consideration of the attached
Ordinance is the final step required prior to potentially entering into a Tax Abatement Agreement with
Greenway Investments. All technical aspects of creating Reinvestment Zone Number 6 have been met.
The primary issue relevant at this point is that the proposed environmental remediation and future
commercial development (which will be detailed in the Tax Abatement Agreement presented at the
December 11, 2007 Council Meeting) will result in a benefit to the City now and after expiration of the
Zone designation. Further, as noted in Section 3 (e), 'the development or redevelopment of the property
in the proposed Reinvestment Zone will not occur solely through private investment in the reasonably
foreseeable future.' He reported that these documents established the Reinvestment Zone but did not
approve any agreements for tax abatement. He explained that any agreements would be presented to
Council in the future for consideration.
Council Action
A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve
Ordinance No. 2007-39 creating Reinvestment Zone Number 6 as authorized by the Property
Redevelopment and Tax Abatement Act, Chapter 312 of the Texas Tax Code. A vote was taken
and passed 7-0.
6. Consider, and act upon, Resolution No. 2007-39(R) casting votes for appointment of
a member to the Board of Directors for the Central Appraisal District of Dallas
County for a two year term beginning January 1, 2008. (C. Ehrlich, City Secretary)
Staff Comments
Recently passed House Bill 1010 has changed the appraisal process for cities in more than one county.
Each county is required to appraise for their individual county; cutting off at each county line. Previously,
each city could opt to appoint one county to appraise all property within the incorporated city, thus the
City will know have three appraisal districts, Rockwall, Dallas and Collin performing appraisal of property
within the City of Wylie. The Dallas Central Appraisal District has a five member Board of Directors; one
representing the County (Dallas County Tax Assessor Collector), a representative appointed by the
Dallas ISD, a representative appointed by the City of Dallas, a representative elected by the suburban
cities (31 cities), and a representative elected by the suburban ISDs (16 ISDs).
Minutes— November 13, 2007
Wylie City Council
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Council Action
A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve
Resolution No. 2007-39(R) casting 1 vote for Dwayne M. Gentsch to represent the suburban
cities on the Dallas Central Appraisal District Board of Directors for a two year term starting in
January of 2008. A vote was taken and passed 7-0
7. Consider, and act upon, Resolution No. 2007-40(R) casting votes for appointment of
a member to the Board of Directors for the Central Appraisal District of Collin
County for a two year term beginning January 1,2008. (C. Ehrlich, City Secretary)
Staff Comments
The City of Wylie has 43 votes that they may cast for the Board of Directors of the Central Appraisal
District of Collin County for 2008 through 2010. All votes may be cast for one candidate or distributed
among any number of the nominees. Attached is the list of nominations submitted by cities and school
districts within Collin County. The vote must be submitted to the Chief Appraiser before December 15,
2007.
Council Action
A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to approve
Resolution No. 2007-40(R) casting 43 votes for Wayne Mayo to serve on the Collin County
Central Appraisal District Board of Directors for a two year term starting in January of 2008. A
vote was taken and passed 7-0
READING OF ORDINANCES
Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D.
City Secretary Ehrlich read captions to Ordinance No.'s 2007-38 and 2007-39 into the official
record.
ADJOURNMENT
With no further business before Council Mayor Pro Tern Byboth made a motion to adjourn at
7:30 p.m. Councilman Goss seconded the motion. Consensus of Council was to adjourn.
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Minutes— November 13, 2007
Wylie City Council
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