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08-10-2010 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, August 10, 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 6:00 p.m. with the following Wylie City Council members present: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter, Councilman Bennie Jones, and Councilman Rick White. Mayor Pro Tem Red Byboth was away on business. 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; Police Chief, John Duscio; 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 Former Wylie Mayor William Martin gave the invocation and Samer Elkhalid representing Boy Scout Troop 1812 led the Pledge of Allegiance. Also introduced were members of Boy Scout Troop 442. Those members included: Bricen Gibbons, Alec McVicker, Paul Shinn, and Assistant Scoutmaster Dennis Gibbons. PRESENTATION • Citizens Emergency Response Team (CERT) of Wylie, Graduation 2010 Mayor Hogue, Fire Chief Corbin, and Fire Marshal Captain Seddig presented certificates to the 2010 Wylie CERT Graduates. Graduates included: Jimmy Watson, Dave Heideman, Valerie Kay, Sara Codfelder, Sunil Verma, Denise Aparicio, Mike Ziem, Ron Hill, Michael Miglis, Crystal Miglis, Leisa Price and Kenny Boone. 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. Minutes August 10, 2010 Wylie City Council Page 1 Former Mayor Jim Swartz 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 July 27, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and act upon approval of proposal from Nathan D. Maier in the amount of $34,000 for a hydraulic study for Brown Street at Rush Creek and two tributaries. (C. Holsted, City Engineer) C. Consider, and act upon, approval of a Preliminary Plat for Waterbrook Bible Fellowship, a Worship Facility located on 4.613 acres at 507 Thomas Street. (R. 011ie, City Planner) Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. REGULAR AGENDA 1. Consider, and act upon, Resolution No. 2010-26 (R) of the City Council of the City of Wylie, Texas accepting the proposed property tax rate for fiscal year 2010-2011, accepting the calculation of the effective tax rate, and providing for the publication as provided by the Texas Property Tax Code. (L. Bantz, Director of Finance) Staff Comments Finance Director Bantz addressed council stating that the proposed budget is based on a tax rate of $0.8989 per $100 valuation. This year's effective tax rate is $0.922789 and the rollback tax rate is $0.908299. Any change in the proposed tax rate will require revision of the proposed budget. Since the proposed tax rate is less than both the effective and rollback tax rate, no public hearings on the tax rate are required. Council Action A motion was made by Councilman White, seconded by Councilman Jones to adopt Resolution No. 2010-26(R) of the City Council for the City of Wylie, Texas accepting the proposed property tax rate for fiscal year 2010-2011, accepting the calculation of the effective tax rate, and providing for the publication as provided by the Texas Property Tax Code. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 2. Consider, and act upon, acceptance of the resignation of Eddie Rogers and the appointment of Matt Rose as the new board member to the City of Wylie Parks and Minutes August 10, 2010 Wylie City Council Page 2 Recreation Board to fill the unexpired term of July 2010 to June 30, 2012. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that the next three items were for City of Wylie Boards and Commissions replacements. She reported that during the interview process with the 2010 interview panel, recommendations were made for all expiring terms on all boards; additionally, the council interview panel recommended two alternate applicants for each board in the event a vacancy occurred during the year. The agenda items presented tonight reflect those recommendations for replacement board members. Wylie City Council members serving this year on the interview panel included Mayor Pro Tern Byboth, Councilwoman Spillyards, and Councilman Jones. Ehrlich reported that Mr. Eddie Rogers had tendered his resignation from the City of Wylie Parks and Recreation Board due to an increase in work responsibilities. The council interview panel has recommended Mr. Matt Rose as the first choice to the Parks and Recreation Board should an opening become available. Mr. Rose would serve the unexpired term for July 2010 to June 30, 2012. Mr. Rose has agreed to serve should he be appointed by council. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Jones to accept the resignation of Eddie Rogers and to appoint Matt Rose as the new board member to the City of Wylie Parks and Recreation Board to fill the unexpired term of July 2010 to June 30, 2012. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. 3. Consider, and act upon, acceptance of the resignation of Allen Morris and the appointment of Alternate #1; Sunil Verma as the new board member to the City of Wylie Construction Code Board to fill the unexpired term of July 2010 to June 30, 2012. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that Allen Morris had tendered his resignation from the City of Wylie Construction Code Board due to his planned relocation. During the interview process, the council panel chose Sunil Verma as the first choice replacement to the full member position in the event someone resigned during the year. Sunil Verma is currently serving as an alternate to this board and the panel has recommended moving him to the full member position. She explained that the vacancy caused by moving Mr. Verma up will be considered in Item #4 of this agenda. Mr. Verma has agreed to serve in this capacity. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to accept the resignation of Allen Morris from the City of Wylie Construction Code Board and to appoint Sunil Verma (currently an alternate to that board) as a full board member to the City of Wylie Construction Code Board to fill the unexpired term of July 2010 to June 30, 2012. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 4. Consider, and act upon, the appointment of Michael Grubbs as the new alternate board member to the City of Wylie Construction Code Board to fill the unexpired term of July 2010 to June 30, 2012. (C. Ehrlich, City Secretary) Minutes August 10, 2010 Wylie City Council Page 3 Staff Comments City Secretary Ehrlich addressed council stating that Sunil Verma was currently serving as an alternate to this board; the panel has recommended moving him to the full member position. The council panel has recommended Michael Grubbs for an appointment to the Construction Code Board should there be a vacancy during the year. Mr. Grubbs would replace Sunil Verma as an alternate on this board and has agreed to serve. Council Action A motion was made by councilwoman Spillyards, seconded by Councilman Jones to approve the appointment of Michael Grubbs as the new alternate board member to the City of Wylie Construction Code Board to fill the unexpired term of July 2010 to June 30, 2012. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. 5. Consider, and act upon, Resolution No. 2010-27(R) authorizing the City Manager to execute Interlocal Agreement with the City of Murphy Texas contracting with the City of Wylie Building Inspections staff to perform inspections in Murphy's jurisdiction at a billing rate of$90.00 /hour for services rendered. (M. McAnnally, Building Official) Staff Comments Building Official McAnnally addressed council stating that the Building Department is seeking to enter into the attached ILA with the City of Murphy. The same contract services have been provided by the City of Plano since 2005. We understand that staff level reductions have affected Plano's ability to service the contract. Mr. McAnnally explained that based on the historical data and forecast construction industry inspection workloads; Inspections believes that professional contract inspections can be extended to the .� City of Murphy without adverse impacts to the service levels provided to the citizens, builders, and developers in the City of Wylie. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to adopt Resolution No. 2010-27(R) authorizing the City Manager to execute an Interlocal Agreement with the City of Murphy Texas contracting with the City of Wylie Building Inspections Staff to perform inspections in Murphy's jurisdiction at a billing rate of$90.00/ hour for services rendered. A vote was taken and the motion passed 6-0 with Mayor Pro Tem absent. 6. Consider, and act upon, Ordinance No. 2010-12 amending Ordinance No. 2009-26 (2009-2010 Budget) and approving appropriations of funds in the amount of$35,000 in the Animal Control general fund budget for an air conditioner for the animal shelter and an appropriation of funds in the amount of $40,000 in the combined Service Utility fund budget for legal fees; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that the first of the two Budget Amendments is concerning the replacement of the non-functioning air conditioner in the Animal Shelter. It has never properly cooled the facility and staff has identified funds that could be used for replacing it. The other ._.. Budget Amendment is to establish a budget in the Utility Fund for legal fees since there is currently not one and legal expenses have been incurred for water and sewer issues. Minutes August 10, 2010 Wylie City Council Page 4 Council Action A motion was made by Councilman Porter, seconded by Councilman White to adopt Ordinance No. 2010- 12 amending Ordinance No. 2009-26 (2009-2010 Budget) and approving appropriations of funds in the amount of $35,000 in the Animal Control general fund budget for an air conditioner for the animal shelter and an apprry r ,of funds in the amount of $40,000 in the combined Service Utility fund budget for aee p," ing for repealing, savings and severability clauses; and providing for an effet&ellIte of thitdinance. A vote was taken and the motion passed 6-0 with Mayor Pro Tem BybotIA READING OFORDNANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlr0 t ;dlh daptikkb.Pt nance No. 2010-12 into the official records. Veil/ Mayor Hogue convenedjveession at 7:00 p.m. reading the below exception to the Open Meetings Act. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.087 (Economic Development Negotiations) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). • Recess into Closed Session in compliance with Section 551.087 of the Texas Government Code, in order to deliberate regarding commercial or financial information that the City has received from a business prospect and to deliberate the offer or other incentives to a business prospect. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. Mayor Hogue convened into Regular Session at 7:30 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. There was no action taken by the Wylie City Council as a result of Executive Session. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Councilwoman Spillyards to adjourn the meeting at 7:32 p.m. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. Minutes August 10, 2010 Wylie City Council Page 5 Eric Hogue, Mayor ATTEST: ° 1: .4 oc lkortiVer Carole Ehrlich, ity Secretary e twP- Minutes August 10, 2010 Wylie City Council Page 6