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03-11-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, March 11, 2008 - 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 6:09 p.m. Council Members present were: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Merrill Young, Councilman Carter Porter, and Councilman Rick White. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; Construction Manager, Shane Colley; Wylie Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tern Byboth gave the invocation and Girl Scout Junior Troop#2409 and Daisy Troop #9375 led the Pledge of Allegiance. The troops passed out Girl Scout Cookies to the City Council. PRESENTATIONS • Presentation of Proclamation for Girl Scout Week. (A. Murphy, Girl Scouts of Northeast Texas) Mayor Mondy and Mayor Pro Tern Byboth presented Girls Scout Troops #2409 and #9375 with a Proclamation denoting "Girl Scout Week" as March 9th through the 13th. Mayor Mondy noted that this was the 96th anniversary of the founding of Girl Scouts of the U.S.A. in Savannah, Georgia. Minutes—March 11, 2008 Wylie City Council Page 1 • Presentation to 4th Six Weeks Star Students—Character Trait of"Trustworthiness". (J. Mondy, Mayor/Council) Mayor Mondy and Mayor Pro Tern Byboth presented medals to students from the WISD campuses showing the character trait of "Trustworthiness". Students are nominated by their teachers and one student is chosen from each campus. 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 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. A. Consider, and act upon, approval of the Minutes from the February 26, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, award of a bid, in the amount of $34,600.00, to Heslink & Son Masonry for brickwork on the Fire Training Facility at Fire Station No. 2. (R. Corbin, Fire Chief C. Consider, and act upon, approval of an Encroachment on Easement agreement with Oncor Electric Delivery Company, LLC. to construct, repair, replace, remove, operate and maintain two soccer fields and two ten-foot tall backstops within an Oncor easement located in Avalon Park. (M. Sferra, Public Services Director) D. Consider, and act upon, authorizing the City Manager to execute a Utility Easement Agreement between the City of Wylie and Farmers Electric Cooperative (FEC) to provide service to Fire Station No. 3. (M. Manson, City Manager). 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. REGULAR AGENDA General Business 1. Consider, and act upon, Ordinance No. 2008-10 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of wW $20,000.00, to pay expenses relating to Recreation Classes in the Parks and Recreation Department and to add $20,000.00 to the Parks and Recreation Department's revenues to reflect the fees earned from these recreation classes; Minutes—March 11, 2008 Wylie City Council Page 2 providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that this item is an accounting item for the Finance Department and a management tool for the Parks and Recreation Department. He explained that last year the Parks and Recreation Department paid expenses for its recreation classes out of an expense account called Special Services, as they should have. However, the revenues collected from the classes were also deposited in the same account, effectively washing out the expenses. Many city departments have used this procedure in past years for small programs, donations, etc. From an accounting prospective this is not Generally Accepted Accounting Procedures and one could argue it circumvents the appropriation authority of the City Council. He stated that this action will effectively appropriate the funds to the correct accounts. Council Action A motion was made by Councilman Porter, seconded by Councilman Young to approve Ordinance No. 2008-10 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds, in the amount of $20,000, to pay expenses relating to Recreation Classes in the Parks and Recreation Department and to add $20,000 to the Parks and Recreation Department's revenues to reflect the fees earned from these recreation classes. A vote was taken and passed 7-0. 2. Consider, and act upon, Ordinance No. 2008-11 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of $581,646.56 for the purpose of returning funds previously collected by the City of Wylie for the construction of Hensley Lane to the Wylie Independent School District; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the City of Wylie received $519,686 from the Wylie Independent School District in 2005. The check was deposited into a Revenue Account not an escrow account. With interest earning as per our agreement, the amount due to WISD is$581,646.56. In order for the City to return these funds to WISD, the City Council needs to appropriate the funds. He noted that the funds will be coming out of the Streets Capital Project Fund. Council Discussion Mayor Pro Tem Byboth asked Finance Director Williamson why the City was refunding more than WISD had deposited. Mr. Williamson replied that the agreement between the City and WISD required all interest earned on the funding deposit be returned to WISD. The interest bearing account that the funding deposit was placed in earned $61,960.56 in interest income over the period of time the money was deposited. City Manager Manson explained that the intent was to escrow money rather than build the road at that time. She explained that part of the funds were for improvements on Hooper Road. She explained that approximately a year ago, the Council approved an agreement to allot the funds for the new portion of Hensley Lane, from the south side of Founders Park to the new school. She reported that a couple of Council Meetings ago, the Council approved refunding the escrowed funds back to the school district. The action tonight will appropriate the funds so they can be returned to the school district. Councilman Porter asked why the funds were being returned if the road needed to be built. City Manager Manson replied that the school district was now ready to build the road and would use the funds to do so. Minutes—March 11, 2008 Wylie City Council Page 3 Council Action A motion was made by Councilman White, seconded by Councilman Goss to approve Ordinance No. 2008-11 amending Ordinance No. 2007-29 (2007-2008 Budget) and approving an appropriation of funds in the amount of $581,646.56 for the purpose of returning funds previously collected by the City of Wylie for the construction of Hensley Lane to the Wylie Independent School District. A vote was taken and passed 7-0. 3. Consider, and act upon, authorizing the Wylie Economic Development Corporation to purchase a 0.2755 acre tract known as Lot 8, Railroad Industrial Park and further authorizing the WEDC to enter into debt in the amount of $180,000. (S. Satterwhite, WEDC Executive Director) Staff Comments WEDC Executive Director Satterwhite addressed Council stating that the Council has been presented with the Real Estate Sales Contract between WEDC and Joseph M. Cazad and Karen D. Cazad for review. The Contract called for the WEDC to purchase the 0.2755 acre lot along with the 3,900 square foot facility for$200,000. Mr. Satterwhite reported that during the survey of the property, it was found that the measurements for the property were actually 0.266 rather than the stated 0.2755. He explained that the sale of the property was not sold at a "per square foot" price and therefore the WEDC Board felt this was not an issue. He asked the Council to revise the action to reflect the actual acreage of 0.266 acres. He reported that the Wylie Economic Development Corporation had met the morning of the 11th of March and had approved the purchase of the property contingent on the approval by City Council. The board additionally had sent RFP's for the loan purchase to five local banks. The board awarded the bid to Capital One for a 10 year fixed rate. Councilman Goss asked if the difference of the purchase price of $200,000 and the loan amount of $180,000 was the down payment. Mr. Satterwhite replied that it was and WEDC would be paying that portion as the down payment. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman White to authorize the Wylie Economic Development Corporation to purchase a 0.266 acre tract (amended from 0.2755) known as Lot 8, Railroad Industrial Park and further authorize the WEDC to enter into debt in the amount of$180,000. A vote was taken and passed 7-0. 4. Consider, and act upon, Resolution No. 2008-10(R) authorizing the City Manager to execute an Interlocal Boundary Agreement between the City of Wylie, Texas and the City of Sachse,Texas. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that a portion of the right-of-way for the extension of McCreary Road goes across land within Sachse city limits, owned by the City of Sachse. This boundary agreement releases that land from Sachse's jurisdiction which will simplify the process for the construction and maintenance of the road. Once the Boundary Agreement has been executed, the City of Sachse will initiate their de-annexation process. Minutes—March 11, 2008 Wylie City Council Page 4 Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Byboth to approve Resolution No. 2008-10(R) authorizing the City Manager to execute an Interlocal Boundary Agreement between the City of Wylie, Texas and the City of Sachse, Texas. A vote was taken and passed 7-0. 5. Consider, and act upon, the acceptance of the resignation of Willie Osborne, alternate for the Zoning Board of Adjustment and the appointment of a new member to the Zoning Board of Adjustment for the unexpired term of July 2007 to July 2009. (R. 011ie, Planning Director) Staff Comments Staff is requesting the appointment of a new Alternate Zoning Board member to replace Mr. Willie Osborne, who has recently been appointed to the Planning and Zoning Commission. Per the Local Government Code the City Charter and the Zoning Ordinance the ZBA is to consist of 5 regular members with the local option to appoint 2 alternates. The alternates are only called to attend a meeting when one of the 5 regular members cannot attend. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tern Byboth to accept the resignation of Willie Osborne, alternate for the Zoning Board of Adjustment and the appointment of Bryan D. Rogers as a new alternate member to the Zoning Board of Adjustments. A vote was taken and passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article Ill, Section 13-D. City Secretary Ehrlich read the captions to Ordinance Nos. 2008-10 and 2008-11 into the official record. Mayor Mondv convened into Executive Session citing the following at 6:46 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 deliberate the purchase, exchange, lease or value of real property generally located at: • Property generally located at S. Ballard and Stone Road. Minutes—March 11, 2008 Wylie City Council Page 5 Mayor Mondy reconvened into open session at 7:02 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. No action was taken as a result of Executive Session. ADJOURNMENT Council Action With no further business before Council, Mayor Mondy adjourned the meeting at 7:04 p.m. Consensus of Council was to adjourn. ohn Mon , Mayor ATTEST: G;• ; SEAL • Car. e Ehrlich, i retary Ei iEXP`‘``. Minutes—March 11, 2008 Wylie City Council Page 6