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07-13-2010 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, July 13, 2010 - 6:00 p.m. Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:03 p.m. with the following Wylie City Council members present: Mayor Pro Tern Red Byboth, Councilman David Goss, Councilman Carter Porter, Councilman Bennie Jones and Councilman Rick White. Councilwoman Kathy Spillyards was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City ..., Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Building Official, Mike McAnnally; Fire Chief, Randy Corbin; Public Services Director, Mike Sferra; Finance Director, Linda Bantz; Library Director, Rachel Orozco; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Randy Corbin gave the invocation and Police Chief John Duscio led the Pledge of Allegiance. PRESENTATIONS • Recognition of Jack Jones celebrating his 20th year of service to the City of Wylie. Mayor Hogue, members of the city council and City Manager Mindy Manson presented Jack Jones with a plaque in appreciation of his 20 years of service to the City of Wylie. Past mayors William Martin, John Mondy, Don Hughes and Jim Swartz and former council members Earl Newsom, J. C. Worley, Richard Parker and Reta Allen were all present for the celebration. Many past and present employees of the city were also present to honor Mr. Jones. • Presentation to Outgoing 2009-2010 Boards, Commissions, & Panel Members. (E. Hogue, Mayor) Minutes July 13, 2010 Wylie City Council Page 1 Mayor Hogue and Mayor Pro Tern Byboth presented Certificates of Appreciation to all outgoing boards, commissions, and panel members with terms expiring in 2010. ADMINISTRATION OF OATH OF OFFICE FOR NEWLY APPOINTED AND REAPPOINTED BOARD AND COMMISSION MEMERS • Administered by Judge Terry Douglas Judge Terry Douglas administered the oath of office to newly appointed and reappointed board and commission members present. 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. Don Hallum, William Martin, Bobbie Bectem and Reta Allen addressed council requesting consideration of using the current Rita and Truett Smith Library for a senior center once the library staff moves to the new Municipal Complex. 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 of the June 22, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2010-24(R) authorizing the City Manager to execute an Interlocal cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No. 97-576-08-25 (M. Sferra, Public Services) C. Consider, and act upon, approval of a Final Plat for Pecan Creek Addition, Block A, Lots 1-4, creating four legal lots of record on 5.188 acres and withdrawing the previously approved Final Plat dated April 13, 2010. The property is generally located west of Whitley and north of Elm Grove Road within Dallas County. (R. 011ie, Planning Director) D. Consider, and act upon, approving a request from Wylie is H.O.P.E. for a Country Fair Fundraiser at Olde City Park on Saturday, October 23, 2010 from 9:00 am — 5:00 pm. (M. Sferra, Public Services) E. Consider and act upon approval of a Resolution No. 2010-25(R) authorizing the City Manager to execute an Interlocal Agreement between Collin County and the City of Minutes July 13, 2010 Wylie City Council Page 2 Wylie concerning the construction of the Hooper Road Bridge. (Chris Hoisted, City Engineer) Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the consent agenda items as presented. A vote was taken and the motion passed 6-0 with Councilwoman Spillyards absent. REGULAR AGENDA 1. Consider, and act upon, Ordinance No. 2010-09 adding Article VI, "Prohibition of Illicit Connections and Discharges into the Municipal Separate Storm Sewer System" to Chapter 42 "Environment" of the City of Wylie Code of Ordinances to provide for the regulation of Illicit Discharges to the Municipal Separate Storm Sewer System within the City of Wylie; providing for a penalty; providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. (M. Sferra, Public Services) Staff Comments Public Services Director Sferra addressed council stating that the legislation requires that a plan must be developed and implemented to detect and eliminate illicit discharges to the storm sewer system. This includes developing a storm sewer system map, implementing an ordinance prohibiting non-storm water discharges, and conducting periodic inspections of the system to identify and eliminate illegal dumping, sanitary system cross connections, dry weather discharges, and other illicit discharges. The City must also educate the community about hazards associated with illegal discharges and improper disposal of waste. Mr. Sferra reported the proposed ordinance satisfies the requirements of the General Permit and has been posted in several draft forms on the City website since mid 2009. In addition, over 50 Wylie commercial and industrial entities were mailed information about the proposed ordinance with notification that it was available for viewing on the website and that the City would be interested in receiving any comments. No comments were received. Council Action A motion was made by Mayor Pro Tem Byboth, seconded by Councilman Porter to approve Ordinance No. 2010-09 adding Article VI, "Prohibition of Illicit Connections and Discharges into the Municipal Separate Storm Sewer System" to Chapter 42 "Environment" of the City of Wylie Code of Ordinances to provide for the regulation of Illicit Discharges to the Municipal Separate Storm Sewer System within the City of Wylie; providing for a penalty; providing for repealing, savings and severability clauses; and providing for an effective date of this Ordinance. A vote was taken and the motion passed 6-0 with Councilwoman Spillyards absent. 2. Consider, and act upon, authorizing the City Manager to execute agreements with Municipal Recovery Services to perform collection activities for the Municipal Court and Utility Services. (L. Bantz, Finance Director) Minutes July 13, 2010 Wylie City Council Page 3 Staff Comments Finance Director Bantz addressed council stating that staff has consulted with and verified references on various firms regarding collection of outstanding warrants, citations, Capias and Pro Fines for Municipal Court and outstanding Utility Accounts and Telecommunications Receivables. Collections for Municipal Court are funded by an addition of a collection fee of 30% to any amount owed as provided by law. The City will be charged a 10% fee for collection of Utility Accounts and Telecommunications Receivables after payment of the account is received by the City. This represents the lowest cost to the City of all firms consulted. Council Action A motion was made by Councilman Porter, seconded by Councilman White to authorize the City Manger to execute agreements with Municipal Recovery Services to perform collection activities for the Municipal court and Utility Services. A vote was taken and the motion passed 6-0 with Councilwoman Spillyards absent. 3. Consider, and act upon, authorizing the City Manager to execute the engagement letter with Weaver and Tidwell, L.L.P. for Fiscal Year 2009-2010 audit services for a fee not to exceed $55,000. (L. Bantz, Finance Director) Staff Comments Finance Director Linda Bantz addressed council stating that as required by City Charter, the City Council shall cause an independent audit to be performed by a certified public accountant on all City accounts at the close of each fiscal year. Weaver and Tidwell, L.L.P have performed the annual audit for the City for the past two years and have submitted their engagement letter for audit services for Fiscal Year 2009- 2010. She explained the proposed fee of $55,000 represents an increase from $53,000 in Fiscal Year --. 2008-2009. Council Discussion Councilman Goss asked why the city was paying additional costs for the audit from last year and why the city could not look for a company to perform the work at a lesser cost. Finance Director Bantz explained that it had been the policy of the city to use the same auditor for 3 to 5 years before soliciting an RFQ to change firms. She explained that the $2,000 increase from last year was a relatively small increase which was fairly normal. In addition, there were new government accounting standards coming out that will require additional work by the firm, not required in the past. This work will include, among other things, a complete restatement of the City's Fund Balance and how it is shown within the audit. City Manager Manson noted that the city could go out for quotes from additional firms but cautioned that when a new firm begins the audit process with a city, there is a considerable amount of preparation work that must be completed in order to perform the first year audit. This can add additional costs onto that first year audit. Councilman Porter commented that a new firm might cost much more than the $2,000 increase, to perform this year's audit. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to table Item #3 to the July 27, 2010 regular council meeting, on the premise that staff contact Weaver and Tidwell, L.L.P. to determine if they will lower the cost of the 2009-2010 audit. A vote was taken with Councilman Goss, Councilman Jones and Mayor Pro Tern Byboth voting for and Mayor Hogue, Councilman Porter and Councilman White voting against and Councilwoman Spillyards absent. The motion failed by lack of a majority vote. Mayor Hogue asked for any additional discussion or action. Minutes July 13, 2010 Wylie City Council Page 4 Council Action A motion was made by Councilman Porter, seconded by Councilman White to authorize the City Manager to execute the engagement letter with Weaver and Tidwell, L.L.P. for Fiscal Year 2009-2010 audit services for a fee not to exceed $55,000 and to direct staff to check with the firm to see if the cost could be lowered. A vote was taken and the motion passed 4-2 with Mayor Hogue, Mayor Pro Tenn Byboth, Councilman White and Councilman Porter voting for and Councilman Goss and Councilman Jones voting against and Councilwoman Spillyards absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2010-09 into the official record. WORK SESSION ' t : ... • Di cussiq reguyding City of Wylie FY 2010/2011 Annual Budget. (M. Ansoh City Manager Janson addressed;Council stating that certain budget planning assumptions for FY 2010-2011 General Fund rev- vre used. They included: • 4.11441EitNAseit4 rill 3toperty values • Sales' ?t'.'P64ris; bj, ted to remain flat • NewyT�, ria o etted to remain flat at 200 new units • Unchanged tam• • Debt restructure plan initiated in order to relieve debt payment schedules for FY 2010-11 • Some utility Fund Transfer to the General Fund FY 2010-2011 General Fund expenditures assumed the following: • Reduction in salaries by 1.9% Non-public safety personnel and 5 days leave; 1% public safety, no leave • Added staffing for the new Municipal Complex • Minor changes in existing staffing • No budget costs for the inclusion of concerts, July Jubilee, fireworks, facility grand opening or Clean-Up Green-Up. She explained that after meeting with all departments regarding individual budget requests, and based on these assumptions, currently the expenditures exceed our revenues by approximately $210,000 for FY 2010-11. Manson noted that two major pieces of information were still not available that will impact the budget; that being the Certified Tax Roll and cost of insurance. She reported staff was taking significant steps in FY 201-11 and FY 2011-12 to maintain a balanced budget, noting that it was critical to understand that these steps cannot be sustained beyond these two budget years. If property values and other factors affecting revenue do not improve, the city will be forced to take much more aggressive steps which will impact service delivery. City Manager Manson reviewed the individual General Fund department budgets with the council. She reported the other funds including utilities would be presented at the July 27th Budget Work Session. Minutes July 13, 2010 Wylie City Council Page 5 ADJOURNMENT — With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Councilman White to adjourn the meeting at 8:13 p.m. A vote was taken and the motion passed 6-0 with Councilwoman Spillyards absent. rr cit.„, \6217_ _, Eric Hogue, May 7 ATTEST: 4-76e-7 (7) , 444 OF lipb_ A 40401 II• Carole Ehrlich, City ecretary ' 1,f# —r . tw o r Minutes July 13, 2010 Wylie City Council Page 6