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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 Page 1 • 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 Minutes— November 13, 2007 Wylie City Council Page 2 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. Minutes— November 13, 2007 Wylie City Council Page 3 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 Minutes— November 13, 2007 Wylie City Council Page 4 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 Minutes— November 13, 2007 Wylie City Council Page 5 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. Minutes— November 13, 2007 Wylie City Council Page 6 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 Page 7 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. ‘` 0%111110,`,, ;�`��'�. • �j'; John on y, Mayor ATTEST: _ o fi R •: Carole hrlich, City ecretary '����,E;,,�����`�� Minutes— November 13, 2007 Wylie City Council Page 8