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09-13-2005 (City Council) Minutes MINUTES Wylie City Council Tuesday, September 13, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman Earl Newsom, Councilman Rick White and Councilman Carter Porter. Staff present were: City Manager, Mark Roath; Assistant City Manager,Mindy Manson; City Engineer, Chris Hoisted; Planning & Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Library Director, Rachael Orozco; Fire Chief, Shan English; Human Resource Manager, Lynn Fagerstrom; Public Information Officer,Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Mike Frick representing the Faith Lutheran Church gave the invocation and Mayor Pro Tern Hogue led the Pledge of Allegiance CITIZENS PARTICIPATION Jessica Kaltenbach,residing at 3004 Claybrook Drive, Wylie Texas addressed Council asking members to consider moving the meeting time for City Council Meetings from 6:00 p.m. to a later time to allow additional time for citizens to attend the meetings. 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. Approval of the Minutes from the Special Called Meeting of August 30, 2005 and the Emergency Meeting of September 2,2005 of the City Council. (C. Ehrlich, City Secretary) B. Consider and act upon a Final Plat for Pinehurst Addition generally located at the southwest corner of Cotton Belt and Fleming Drives. (C. Thompson,Planning and Zoning Director) C. Consider and act upon a Final Plat for Wylie Independent School District,Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. (C. Thompson,Planning and Zoning Director) D. Consider and act upon a Final Plat for Collins Estate Addition, generally located south of Stone Road and Stoneridge Farms Addition, west of old FM 544. (C. Thompson, Planning and Zoning Director) Minutes—September 13,2005 Wylie City Council Page 1 E. Consider an offer by TXU Electric Delivery to provide the City with benefits comparable to those agreed to with the Steering Committee of Cities and a cash payment to the City for not intervening in or participate in any Show Cause Action against them prior to July 1, 2006. (M. Roath, City Manager) Council Action A motion was made by Mayor Pro Tem Hogue to remove Item C from the Consent Agenda. Consensus of Council was to remove and consider under individual consideration items. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Items A, B, D, and E of the Consent Agenda as presented. A vote was taken and passed 7-0. INDIVIDUAL CONSIDERATION C. Consider and act upon a Final Plat for Wylie Independent School District,Wylie Junior High School #3, generally located in the northeast corner of Hooper Road and Hensley Lane. (C. Thompson,Planning and Zoning Director) Council Discussion Mr.Thompson explained the area in which the final plat for Wylie Independent School District,Wylie Junior High School #3 would be placed and the road involved in this new construction. Mayor Pro Tern Hogue asked Mr. Thompson if the school were built today, would they have two points of access. Mr. Thompson replied yes they would. Mr. Thompson stated that Hensley may need to be relocated. Mayor Pro Tern Hogue then asked who would pay for this. City Engineer Holsted stated that if the road was required due to the construction, WISD would be responsible. Mayor Mondy asked if any schools had been built in Wylie without traffic issues. Mr. Holsted stated all schools built thus far had some traffic problems. Mayor Mondy asked if WISD would come back and resurface Hooper. Mr. Holsted stated that WISD would be required to provide two lanes of concrete along their frontage of future Country Club but not Hooper Road. Mayor Pro Tern Hogue asked when they were planning to start construction of the Junior High. Mr. Holsted stated immediately upon approval of the final plat. Councilman White asked when the construction of Country Club would be done. Mr.Holsted stated that when the Woodbridge Development was completed, all four lanes would be constructed. He stated that the money would be escrowed. He explained that the cost escrowed by WISD for Hensley and Country Club was over $500,000. Mayor Mondy asked if this was enough to build those roads. Mr. Holsted stated that it would be, to build the amount of road for the frontage of the school. Mayor Pro Tern Hogue voiced concern regarding Hensley and the additional traffic on Hensley and Hooper Road. He stated that Hooper would be stacked up with traffic all the way to F.M. 544. Mr. Holsted suggested that Council ask WISD to perform a traffic study to determine what off site improvements were needed. Mayor Mondy stated that it was his desire to have four lanes on Hooper Road and at least a two lanes on Hensley of paved road. Mr. Holsted stated that the City could not require WISD to build more than was required for their frontage. Applicant Comments After some discussion between Council and staff regarding the roads and traffic issues, Ronny Klingbeil of RLK Engineering, L.L.C. and representing Wylie Independent School District, presented to Council a letter requesting the tabling of Item C for 30 days, and waiving the 30 day approval for this plat,to allow time for a traffic study to determine road requirements. Minutes—September 13,2005 Wylie City Council Page 2 Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to accept the request by the applicant to table Item C for 30 days (October 11, 2005) to allow time for staff and the applicant to review the traffic study and other issues pertaining to this Final Plat. A vote was taken and passed 7- 0. RECESS,CITY COUNCIL Mayor Mondy recessed City Council at 6:30 p.m. CALL TO'ORDER PARKS;&RECREATION FACILITIES DEVELOPMENT CORPORATION Mayor Mondy called the Parks & Recreation Facilities Development Corporation meeting to order at 6:31 p.m. with Mayor Pro Tern Hogue, Councilman White, Councilman Young and Shirley Burnett present. Dan Chestnut and Aim Hiney were absent. 1. Consider and act upon approval of the FY 2005-2006 4B Budget, authorizing expenditures for the FY 2005 Community Services Facilities Capital Improvement Plan. Parks & Recreation Facilities Development Corporation Board Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve the FY 2005-2006 4B Budget and authorize expenditures for the FY 2005 Community Services Facilities Capital Improvement Plan. A vote was taken and passed 5-0 with Dan Chestnut and Anne Hiney absent. ADJOURN , PARKS&RECREATION FACILITIES DEVELOPMENT CORPORATION Mayor Mondy adjourned the Parks & Recreation Facilities Development Corporation Meeting at 6:35 p.m. Consensus of the 4B Board was to adjourn. RECONVENE CITY COUNCIL Mayor Mondy reconvened the City Council Meeting at 6:36 p.m. 11 S, Og,INDIYIDUAL CONSIDERATION AND ACTION 1. Consider and act upon approval of the FY 2005-2006 4B Budget and the Community Services Facilities Capital Improvement Plan. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the Parks and Recreation Facilities Development Corporation was established in accordance with State law as a result of the January 15, 1994 election approving the 'h cent sales tax for parks, recreation, and library projects. As set out in the Articles of Incorporation, the Board has the power to authorize the expenditure of Sales Tax Funds for projects approved by the City Council. Further, the Bylaws state that "It shall be the duty and obligation of the Board to finance and implement the Community Services Facilities Capital Improvement Plan as adopted by the Wylie City Council." He explained that changes in State law during the 2003 Legislative Session made it so that 4B funds can no longer be used for Minutes—September 13,2005 Wylie City Council Page 3 Library purposes. Items that had been previously funded for the Library from 4B were shifted to the General Fund in FY2004. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve the FY 2005-2006 4B Budget and the Community Services Facilities Capital Improvement Plan. A vote was taken and passed 7-0. 2. Consider and act upon Ordinance No.2005-41 of the City of Wylie,Texas, adopting a budget and appropriating resources for Fiscal Year 2005-2006, beginning October 1, 2005, and ending September 30, 2006. (L. Williamson,Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the purpose of the public hearing on August 30,2005, was to give the taxpayers an opportunity to express their views on the proposed budget. At the end of the hearing, the City Council scheduled and announced the meeting to adopt the proposed budget set for tonight, September 13, 2005 at 6:00 p.m. at City Council Chambers, Wylie Municipal Complex, 2000 Highway 78 North, Wylie, Texas 75098. Mr. Williamson asked Council to consider and adopt the proposed FY 2005-2006 Budget as presented. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve Ordinance No 2005-41 of the City of Wylie Texas, adopting a budget and appropriating resources for Fiscal Year 2005-2006, beginning October 1, 2005 and ending September 30, 2006. A vote was taken and passed 7-0. 3. Consider and act upon Ordinance No. 2005-42 fixing the tax rate/levy for 2005 and for the fiscal year 2005-2006 Budget. The tax rate proposed is sixty-nine and one-half cents ($0.695) per$100 of assessed value. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the City has held two public hearings on the tax rate so that citizens could voice their concerns or comments to the City Council. SB 18 also required specific new language in the ordinance and to be in larger type than the rest of the ordinance. This tax ordinance will generate new levies of$8,838,323 in the General Fund and$2,092,662 in the General Obligation Debt Service Fund. The revenue from the ad valorem taxes is the primary source of funding in the General Fund and represents approximately 56% of total General Fund revenues. Finance Director Williamson recognized Karla Stovall, Budget Officer for her hard work assisting with the 2005-2006 Budget preparation. Council Discussion Councilman Young stated that he had concerns with the $0.695 tax rate. He proposed to set the rate at$0.650 per $100 of appraised value, still allowing enough to cover $175,000 to expend to Katrina victims and still leave a surplus. He also mentioned that the Capital Program/Improvements for the past 5 years was not included in the budget referenced in the City Charter. (Article VII, Section 5 paragraph 3). Mayor Mondy explained that each department had a five year master plan incorporating these Capital Programs. Finance Director Williamson explained that the 5 year Capital Improvement Plan was built into the annual budget. Mayor Mondy explained that part of the reasoning behind leaving the tax rate of$0.695 was to accommodate expenditures like the animal shelter improvements that are mandated by law. Councilman Young stated that he just did not want to see surplus money in the budget. Mayor Mondy stated that a strong surplus(fund balance)allowed the City to borrow money at a much better bond rate and was a benefit to the taxpayers. City Manager Roath explained that expenditures set Minutes—September 13,2005 Wylie City Council Page 4 in the budget previously approved tonight, included large expenditures for such items as the animal shelter improvements and included an 18%surplus which was very close to the recommended amount(15%)to be held in surplus. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to move; that the property taxes be increased by the adoption of a tax rate of$0.695 per $100 of property value and to approve Ordinance #2005-42. A vote was taken and passed 7-0 with Mayor Mondy, Mayor Pro Tem Hogue, Councilwoman Allen, Councilman Newsom, Councilman Young, Councilman White, and Councilman Porter voting for and none against. 4. Consider and act upon Ordinance No. 2005-43 approving and authorizing the execution and delivery of$2,110,000 "City of Wylie Public Property Finance Contractual Obligation, Series 2005" to American National Bank; specifying the terms of such contract; making provisions for the payment thereof; and resolving other matters incident and related to the execution, performance and payment of such contract,including the approval and execution of a Paying Agent/ registrar Agreement; and providing an effective date. (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that pursuant to V.T.C.A , Local Government Code, Subchapter A of Chapter 271 (the Public Property Finance Act), the City Council is authorized and empowered to execute, perform and make payments under contracts with any person for the use, acquisition or purchase of personal property. The equipment to be financed from the proceeds of the Contractual Obligations has all been approved by Council. Mr. Williamson stated that the rate offered to the City by American National Bank was 4.55%per annum. Council Discussion Mayor Mondy asked Mr. Williamson what lending institutions were contacted to bid on the bonds. Mr. Williamson stated that two lending institutions were contacted, but only one lending institution responded to the request for bid(American National Bank). Mayor Mondy then asked Mr. Williamson what the previous rate was for bonds. Mr. Williamson stated that some of the material he had reviewed from the 1999 bond issues was around the 4.5% to 5.5%. He also explained that it was at his suggestion that American National Bank lower the rate to the 4.55%. He explained that most banks do not want to commit to an interest rate as low as 4.55%over a 10 year period.He stated that it was a very competitive rate and beneficial to the City. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Ordinance#2005-43 approving and authorizing the execution and delivery of$2,110,000 "City of Wylie Public Property Finance Contractual Obligation, Series 2005" to American National Bank; specifying the terms of such contract' making provisions for the payment thereof; and resolving other matters incident and related to the execution,performance and payment of such contract, including the approval and execution of a Paying Agent/registrar Agreement; and providing an effective date. A vote was taken and passed 7-0. 5. Consider and act upon approval of the purchase of 8, 232 3G radio read Master Meters. (L. Williamson, Finance Director) Staff Comments Minutes—September 13,2005 Wylie City Council Page 5 Finance Director Williamson addressed Council stating that over the last couple of months the Water Division has been working on a State required water audit. The purpose of this audit, among other things, is to determine the amount of water loss being experienced in our system from leaks and meter error. Meter error is the amount a water meter is off in registering a certain volume of water. Mr. Williamson explained that in order to determine meter error, the Water Division randomly pulled 50 residential meters from around the City and performed a bench test on each meter. The 50 meters were selected because 50 were statistically representative. The test ran 10 gallons of water through each meter at low, medium and high flow rates. The results were tabulated. The test results indicated that at the low flow rate, the meters on average were registering only 45% of the water passing through the meters; at medium and high flow rates only 97%. We used these readings and statistical usage flow rates to calculate the amount of water that was being delivered to our customers, but was not being billed due to meter error. The number of gallons being lost due to meter error is calculated at 46,033,637 gallons. With an average retail price of$3.55 per 1,000 gallons, the City has been losing approximately$163,500 annually in water revenue as a result of this meter error. Council Discussion Mayor Mondy asked how staff would communicate the increase in water billing to the accuracy of the new meters. Mr. Williamson stated that for the most part the increase would be minimal for most residents when the increase was disbursed to all residents. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to approve the purchase of 8,232 3G radio read Master Meters in the amount of$1,623,387 from Master Meters and Johnson Lab and Supply. A vote was taken and passed 7-0. 6. Consider and act upon awarding contracts to United Healthcare for employee group medical, dental and life insurance and to Jefferson Pilot for employee long term disability insurance. (L. Fagerstrom,Human Resources Manager) Staff Comments Human Resource Director Lynn Fagerstrom addressed Council stating that the competitive proposals have been solicited to provide employee group insurance coverage for the 2006 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. Alternate proposals were invited and providers were encouraged to submit options to reduce costs without materially diminishing the existing level of benefits. United Healthcare, represented by Wylie Insurance Agency,was the only provider to submit a proposal for group medical insurance. Council Discussion Mayor Mondy asked HR Manager Fagerstrom how Workman's Comp played into the insurance. Ms. Fagerstrom stated that they were two entirely separate policies. Mayor Mondy then asked Ms. Fagerstrom to explain the cost savings of 25%for Workman's Comp this year. Ms. Fagerstrom explained that over the past three years, the city has greatly reduced their usage of workman's comp due to the training,prevention and education provided and the carrier has reduced the rate charged to the City by 25%this year. Council Action A motion was made by Councilman Young, seconded by Councilman White to award contracts to United Healthcare for employee group medical, dental and life insurance and to Jefferson Pilot for employee long term disability insurance. A vote was taken and passed 7-0. Minutes—September 13,2005 Wylie City Council Page 6 7. Consider and act upon Ordinance No. 2005-45 amending Ordinance No. 2005-40 which amended Ordinance 2004-29 approving an emergency appropriation of funds for the life, health, property and the public peace of the citizens of Wylie, Texas for victims of Hurricane Katrina; providing for repealing, savings and severability clauses; and providing for an effective date. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the City had taken in many hurricane victims and had used all the funds allocated through Ordinance #2005-40 in the past few days. He also commented of the pride he had in both Fire Chief English and staff for their response to the victims over the past week and the long hours they have put in. Fire Chief English addressed Council stating that the City Council allocated $100,000 to aide in sheltering hurricane victims here. He explained that volunteers and staff have put in numerous hours and rallied over 800 volunteers to contribute time, and have collected over $10,000 in Wal-Mart cards for the victims. He explained that the City had exhausted the funds allocated and was requesting an additional $100,000 to continue with the effort. Chief English reviewed the costs for overtime and supplies to set up the Armory and keep it running. Chief English reported that the victims were very appreciative of the assistance the citizens, volunteers, and staff have provided. He commended new Library Director Rachael Orozco for her assistance in obtaining and tracking over 800 volunteers from Wylie. He stated that the additional funds would be used for police assistance, long term housing, and other necessary needs. He stated that FEMA had committed to reimburse for all funds expended for housing for the victims for up to 12 months as long as the leasing was done by the City. He stated that the goal is to have all victims placed in housing by October 1,2005. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Ordinance #2005-45 and to amend Section 2 to read: That up to one hundred thousand dollars and no/I00 ($100,000.) may be expended over the next 60 days for any aide necessary to help the hurricane victims brought to Wylie, including but not limited to police and emergency personnel, city services, shelter, basic necessities and other expenditures determined to be necessary by the Mayor to manage the public emergency created in Wylie by the acceptance of hurricane victims. PUBLIC HEARINGS 8. Hold a Public Hearing and consider and act upon Ordinance No. 2005-44 approving a change in zoning to amend the Riverchase Planned Development (PD 99-31) in order to remove restrictions of height of fences, generally located west of FM 1378 (Country Club Road) and south of FM 2514(Parker Road). ZC 2005-17 (C. Thompson,Planning& Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the applicant is requesting removal of the restrictive conditions of the approved Planned Development No. 99-31 PD. The PD stipulates that fences within the Riverchase subdivision may not exceed 6 feet in height. The approved amendment will conform with the City Code of Ordinances and Covenants(CCR's) of Riverchase HOA that allow fences to be constructed to a height of eight feet. Developer/Builder Jerry Svlo, Jones & Boyd representing D.R. Horton,residing at 17090 Dallas Pkwy, #200, Dallas Texas (developer/builder) addressed Council stating that he had no objection to the change in fencing height. Public Hearing Minutes—September 13,2005 Wylie City Council Page 7 Mayor Mondy opened the public hearing at 7:13 p.m. asking anyone present to address Council to come forward and state their name and address for the record. Representatives of the Riverchase HOA (Horns Smith, residing at 205 Stonecrest Trail and Deardra Utley, President of the Riverchase HOA residing at Stone Glenn Drive, Wylie Texas, were present to voice no opposition to the removal of restrictions of height of fences. They stated that a large sampling of the residents provided favor for the change in fencing. Mayor Mondy closed the public hearing at 7:15 p.m. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to approve Ordinance No. 2005-44 approving a change in zoning to amend the Riverchase Planned Development (PD 99-31) in order to remove restrictions of height of fences , generally located west of FM 1378 (Country Club Road)and south of FM 2514(Parker Road). ZC 2005-17. A vote was taken and passed 7-0. 9. Hold a Public Hearing and consider and act upon Ordinance No. 2005-46 approving a Specific Use Permit for an Amateur Communications Tower and Antenna, to Cantral Eargle at 2933 Glendale Drive,Lot 54 of Block A of the Cimarron Estates Phase 2 Addition. ZC 2005-16 (C. Thompson,Planning& Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that Twenty-four (24) notifications were mailed in compliance with State law. Nine (9) written responses have been returned. Eight (8) opposing and one (1) favoring the request, because owners of more than twenty (20) percent of the legal notification area have submitted written opposition, the affirmative vote of (6 members) of the Council is required for approval. Mr. Thompson stated that the antenna would not be visible from the street and would be 14 feet in height. Transmissions would not be hampered by this tower. Mr. Thompson explained that the Federal Communications Commission(FCC) ultimately controls the operation of individual amateur communications, as well as the limits which local governments may restrict such operations. Local regulations that involve the placement, screening or height of antennas based on acceptable health, safety and aesthetic considerations must also be crafted to reasonably accommodate amateur communications. Amateur radio is a public service and aids in times of emergency. Council Discussion Mayor Mondy asked how many towers currently had been approved. Mr. Thompson replied that there have been 4 since he has been with the City and 47 households within the City Limits of Wylie have licenses to operate these radios. He stated that this was one half of one percent of the population in Wylie. He explained that he did not know how many actual towers exist at this time in Wylie. Mayor Mondy asked if the City could allow one per subdivision to allow access to communication in times of disaster. Mr.Thompson explained that it might be better to consider a distance such as the City does for cell towers. Mayor Mondy asked if the City could move toward this end. He asked Mr. Thompson to present a map, at a later date, showing where the towers are currently located. Mayor Pro Tem Hogue asked if the applicant was the property owner. Mr. Thompson reported that the applicant was not the property owner but was the father of the property owner and lived in the residence. Mayor Pro Tern Hogue voiced his concern regarding the towers adversely affecting the aesthetics of the neighborhood in areas where trees had not matured to hide the towers. Public Hearing Minutes—September 13,2005 Wylie City Council Page 8 Mayor Mondy opened the public hearing at 7:25 p.m. asking anyone present to address Council to come forward and state their name and address for the record. Mason Sarles residing at 1518 Windward Lane, Wylie Texas addressed Council stating that in the past couple of years, he had applied and received an SUP from the Wylie City Council for an amateur tower. He stated that he was speaking on behalf of the applicant regarding the resale of property in and around his residence with no adverse effect due to the tower. He also mentioned that there had been no complaints from either adjacent property owners or the FCC since the construction of this tower. Mr. Chad Tittle residing at 2935 Glendale and within the 200 foot area of the applicant addressed Council stating that he was very much against the approval of an SUP for this tower. He stated that the applicant had large trees in his yard but that most of the residents surrounding his property were newly developed homes with no large trees to hide the looks of the proposed tower. He stated that everyone (100%) in his neighborhood was fully against this zoning case. He also stated that the tower had a hand crank to lower the tower when not in use, and he felt that it would be very difficult for the applicant to operate and lower the tower when not in use. Applicant Comments Mr. Cantral Eargle addressed Council stating that he was a 76 year old man who has retired and has operated amateur radios for the past forty years. He stated that there was a small VHF tower on the carport which he planned to take down once the SUP for the tower is approved. He stated that if there was a disaster he would have a generator in place and would be ready to communicate during the emergency. Councilman Newsom asked which band he would be operating. The applicant stated mostly 20 bands. Councilman Newsom stated that this band would not interfere with any other communication device. He stated that he would be cranking the tower down when not in use to prevent damage to the antenna. Mayor Mondy asked if the applicant owned the property. Mr. Eargle stated that he was not the property owner but would be residing with his daughter who was the current property owner. Mayor Mondy closed the public hearing at 7:36 p.m. Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Hogue to deny Ordinance #2005-46 approving a Specific Use Permit for an Amateur Communications Tower and antenna to Cantral Eargle at 2933 Glendale Drive, Lot 54 of Block A of the Cimarron Estates Phase 2 Addition. (ZC 2005-16) A vote was taken with Mayor Pro Tern Hogue and Councilman Young voting for and Mayor Mondy, Councilwoman Allen, Councilman Newsom, Councilman White and Councilman Porter voting against. Council Action A motion was made by Councilman Newsom to reconsider Item #9. Consensus of Council was to reconsider. Council Action A motion was made by Councilman Newsom, seconded by Councilwoman Allen to approve Ordinance #2005-46 approving a Specific Use Permit for an Amateur Communications Tower and antenna with the stipulation that the Specific Use Permit would be tied to Cantral Eargle residing at 2944 Glendale Drive, Wylie, Texas Lot 54 Block A of the Cimarron Estates, Phase 2 Addition (applicant) and not pass to future property owners. A vote was taken and failed 5-2 (Super Majority of 6 affirmative members Minutes—September 13,2005 Wylie City Council Page 9 needed) with Mayor Mondy, Councilwoman Allen, Councilman Newsom, Councilman Porter, and Councilman White voting for and Mayor Pro Tem Hogue and Councilman Young voting against. 10. Consider and act upon authorizing the Mayor to execute a Warranty Deed for Park Land Dedication along Alanis Drive. (C.Hoisted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that on March 22, 2005, Council approved the exchange of property on Alanis Drive for right of way, including the dedication of park land generally located east of the Glenn Knoll Mobile Home Park. Approximately 5.324 acres of land is being dedicated, which will be applied as a credit to future park land dedication requirements for other properties owned by the Grantor. He also explained that the copy of the Warranty Deed in the Council packets had been changed to correct the date of execution to September 13,2005 if Council approved this item. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to authorize the Mayor to execute a Warranty Deed for Parkland Dedication along Alanis Drive. A vote was taken and passed 7-0. 11. Consider and act upon acceptance of the resignation of Mary Vaughn and the appointment of a new member to the Library Advisory Board for the unexpired term of July 2004 to July 2006. (R. Orozco,Library Director) Staff Comments Library Director Orozco addressed Council stating that in Article VIII, Section 2C of the City Charter authorizes the City Council to appoint a Library Board. The Board shall consist of seven(7) citizens who shall be qualified voters who shall serve for a term of two (2) years with three (3)members' terms expiring in even-numbered years and four (4) members' terms expiring in odd-numbered years. Members of the board shall elect a chairman, each July, from their membership and shall meet at the call of the chairman or at the request of the city council.The city manager shall appoint a staff representative to the board. Mary Vaughn has served faithfully as a Library Board member. However, she has recently submitted her resignation from her appointment to the Library Board due to increasing school commitments. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to accept the resignation of Mary Vaughn and appoint Junaid Nagamuddin to fill the unexpired term from July 2004 to July 2006. A vote was taken and passed 7-0. READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read captions to Ordinance No.'s 2005-41, 2005-42, 2005-43, 2005-44, and 2005-45 into the official record. ORDINANCE NO.200541 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING A BUDGET AND APPROPRIATING RESOURCES FOR FISCAL YEAR 2005-2006, BEGINNING OCTOBER I, 2005, AND ENDING SEPTEMBER 30, 2006; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILTIY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE Minutes—September 13,2005 Wylie City Council Page 10 ORDINANCE NO.2005-42 AN ORDINANCE FIXING THE TAX RATE AND LEVY IN AND FOR THE CITY OF WYLIE, TEXAS, UPON ALL TAXABLE PROPERTY IN SAID CITY OF WYLIE,TEXAS,FOR THE PURPOSE OF PAYING THE CURRENT EXPENSES OF SAID CITY OF THE FISCAL YEAR ENDING SEPTEMBER 30,2006,AND FOR THE FURTHER PURPOSE OF CREATING A SINKING FUND TO RETIRE THE PRINCIPAL AND INTEREST OF THE BONDED INDEBTEDNESS OF SAID CITY;PROVIDING FOR A LIEN ON ALL REAL AND PERSONAL PROPERTY TO SECURE PAYMENT OF TAXES DUE THEREON; CONTAINING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES AND PARTS THEREOF IN CONFLICT HEREWITH;AND PROVIDING FOR AN EFFECTIVE DATE. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A$100,000 HOME BY APPROXIMATELY$6.03 ORDINANCE NO.2005-43 AN ORDINANCE APPROVING AND ATHORIZING THE EXECUTION AND DELIVERY OF "CITY OF WYLIE, TEXAS, PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATION, SERIES 2005"; SPECIFYING THE TERMS OF SUCH CONTRACT; MAKING PROVISIONS FOR THE PAYMENT THEREOF; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO THE EXECUTION, PERFORMANCE AND PAYMENT OF SUCH CONTRACT, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO.2005-44 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,AS HERETOFORE AMENDED,AND TO AMEND ORDINANCE NO. 99-31 AND THE DESIGN STANDARDS FOR THE RIVERCHASE PLANNED DEVELOPMENT DISTRICT (EAST FORK BY THE LAKE/RIVERCHASE) ON THE HEREINAFTER DESCRIBED PROPERTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO.2005-45 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2005-40, WHICH AMENDED ORDINANCE 2004-29, APPROVING AN EMERGENCY APPROPRIATION OF FUNDS FOR THE LIFE,HEALTH,PROPERTY AND THE PUBLIC PEACE OF THE CITIZENS OF WYLIE TEXAS AND VICTIMS OF HURRICANE KATRINA; PROVIDING FOR REPEALING,SAVINGS AND SEVERABILITY CLAUSES;AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. Mayor Mondy convened into Executive Session at 7:45 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,et.seq, Texas Government Code,to wit: • Section 551.074. To deliberate the Evaluation of the City Manager Mayor Mondy reconvened into Open Session at 8:10 p.m. RECOVENE:INTO OPEN SESSION Take any action as a result of Executive Session Mayor Mondy announced that there would be a Special Called Meeting on the 20th of September, 2005 to continue the Evaluation of the City Manager. ADJOURNMENT Council Action Minutes—September 13,2005 Wylie City Council Page 11 A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to adjourn the meeting at 8:11 p.m. Consensus of Council was to adjourn. Joh Mond , ayor ATTEST: ````ttioriiiti,, ,\‘‘`y 0 F IA Li.,,,,, tom_ ( •••• �: ; . . k• ..,,A ...„. 7it Carole Ehrlich, •' ecretary _ S w A!1.L Minutes—September 13,2005 Wylie City Council Page12