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06-14-2011 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday, June 14, 2011 -6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. asking the City Secretary to take roll call. City Secretary Ehrlich took roll with the following Wylie City Council members present: Mayor Pro Tem Red Byboth, Councilwoman Kathy Spillyards, Councilwoman Diane Culver, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. P4det.I. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Finance Director, Linda Bantz; Planning Director, Renae' 011ie; Public Services Director, Mike Sferra; City Engineer, Chris Hoisted; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Former Mayor William Martin gave the invocation and former Mayor Jim Swartz led the Pledge of Allegiance. PRESENTATIONS • Presentation to WISD Superintendant,Dr. John Fuller Mayor Hogue read a proclamation designating June 30, 2011 as Dr. H. John Fuller Day in the City of Wylie. He asked the entire council to present the proclamation to Mr. Fuller. Mayor Hogue spoke about the WISD Superintendent's work during his tenure of 18 plus years as WISD School Superintendent, stating that through Dr. Fuller's leadership, the district has experienced great growth. Dr. Fuller has always led by example and been a huge influence to the district and students of WISD. The Mayor and the Wylie City Council expressed their gratitude to Dr. Fuller for his service to *Ma WISD and wished Dr. Fuller much success in all his new endeavors. Minutes June 14, 2011 Wylie City Council Page 1 • Presentation of 6th 6 Weeks Star Students—Citizenship ._.. Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the character trait of "Citizenship." Each six weeks one student from each WISD campus is chosen as the "star student." • Lightning Awareness Week June 19-25 Mayor Hogue read a proclamation denoting June 19-25, 2011 as Lightning Awareness Week in the City of Wylie. Captain Robert Ballard and Emergency Management Specialist Debbie Buccino were on hand to accept the proclamation and asked those present to be aware of signs of lightning. 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. Former City of Wylie Mayor Jim Swartz addressed council thanking them for their support of WASA and the fund raising taking place by the organization to raise money to convert the old Smith Library into a Senior Center. He invited the council and staff to the ribbon cutting of the new WASA office located at 108 S. Jackson on June 22nd at noon. Brenda Byboth and Austin Byboth addressed council asking council members and staff to a Team Wylie Be A Match Event on June 18, 2011 at First Baptist Church patio area to meet with Baylor to add donors to the marrow transplant registry list. Mrs. Byboth explained this is in honor of "Jack" who attends the First Baptist Church. She asked all present to participate in the volunteer donor event. 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 May 24, 2011 Regular Meeting of the Wylie City Council and the Minutes of the May 31St Special Joint Work Session. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Preliminary Nat creating 63 single family residential lots on 45.192 acres for the Estates of Creekside Addition. Subject property generally located south of Parker Road and approximately % mile west of Country Club Road. (R. 011ie, Planning Director) C. Consider, and act upon, authorizing the City Manager to execute the engagement letter with Weaver, L.L.P for Fiscal Year 2010-2011 audit services for a fee not to exceed $55,000. (L. Bantz, Finance Director) Minutes June 14, 2011 Wylie City Council Page 2 .. D. Consider, and act upon, authorizing the extension of our current bank depository contract from an ending date of September 30, 2011 to March 31, 2012 with JP Morgan/Chase Bank and American National Bank. (L. Bantz, Finance Director) Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, appointment of the Mayor Pro Tem for a one year term beginning May 2011 and ending May 2012. (C. Ehrlich, City Secretary) Council Action A motion was made by Councilwoman Culver, seconded by Councilman Goss to appoint Councilman Bennie Jones as Mayor Pro Tem for a one year term beginning May 2011 and ending May 2012. A vote was taken and the motion failed 3-4 with Councilwoman Culver, - Councilman Jones and Councilman Goss voting for and Mayor Hogue, Mayor Pro Tern Byboth, Councilwoman Spillyards and Councilman White voting against. Mayor Hogue asked for further discussion or a motion. A motion was made by Councilwoman Spillyards, seconded by Councilman Goss to appoint Councilman Red Byboth as Mayor Pro Tem for a one year term beginning May 2011 and ending May 2012. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, the recommendations of the 2011 Boards and Commission Council Interview Panel for appointments to the Animal Shelter Advisory Board, Construction Code Board, Library Board, Parks and Recreation Board, Parks and Recreation Facilities Development Corporation Board, Planning and Zoning Commission, Public Arts Advisory Board, Wylie Economic Development Corporation and Zoning Board of Adjustments for terms expiring June 30,2011. (C. Ehrlich, City Secretary) Executive Summary The City Secretary's Office began an active campaign to solicit for Board and Commission applications by utilizing the Wylie News, eWylie, all municipal facilities and current board and commission members. Staff also utilized the City's Website by offering application submittal on-line. An interview panel, consisting of three council members, was used to conduct interviews of all applicants. Council members appointed by the City Council for 2011 were: Councilman Bennie Jones, Chair; Councilwoman Diane Culver, and Councilman David Goss. Mayor Pro Tem Red Byboth was chosen as Minutes June 14, 2011 Wylie City Council Page 3 the alternate. The Panel met with applicants on Tuesday May 25th, Wednesday May 26th, and Wednesday, June 1' 2011 to conduct interviews and deliberate their choice to recommend to the full council. The 2011 Boards and Commission Council Interview Panel have attached to the agenda packet their recommendations for Council consideration and action. Due to the low number of new applicants applying in 2011, applicants not appointed during this process will be contacted to ask if they would be willing to serve on any board in the event there is an opening. Vacancy appointments will come before council as they occur. Citizen Comments Jerri Smith residing at 106 N. Carriage House Way, Wylie (President of Friends of the Library) addressed council about volunteerism and in favor of recommending Ramona Kopchenko, Ruthie Wright and David Dahl be re-appointed to the Planning and Zoning Commission and Rhonda Logsdon be considered for the Library Board. Mrs. Smith asked for council consideration. Council Discussion Mayor Hogue asked Councilman Jones, chair of the interview panel to report on the recommendations. Mr. Jones stated that there were many qualified candidates willing to serve the community. One concern was the number of persons interviewed that had not voted in the last election. (50%) Mayor Hogue asked Councilman Jones to go through the recommendations one board at a time so council could take individual action for each board. Animal Advisory Board Councilman Jones called out the Animal Advisory Board stating that Sheila Patton is the qualified applicant for the "Duties of Daily Operations of an Animal Shelter". He explained Diane Culver had requested to serve as the "council member" for the board. Mayor Hogue asked for comments from the council and/or panel. No members responded. Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to appoint Shelia Patton and Diane Culver to the Animal Advisory Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Construction Code Board Councilman Jones called out the Construction Code Board stating that the panel was recommending moving Billy McClendon from alternate to full board member and appointing Terry Benjamin as the alternate to fill the alternate position. Also recommended for re-appointment are Bryan Rogers, Brian Huddleston, and Zachary Herrera. Mayor Hogue asked the council if they had any discussion regarding these recommendations. No council members responded. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to appoint Terry Benjamin as an Alternate and reappoint Bryan Rogers, Brian Huddleston, Zachary Herrera, and Billy McClendon to the Construction Code Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Library Board Councilman Jones called out the Library Board stating that the panel was recommending Mindy Ayers and Shirley Burnett be re-appointed and vacancies left by Lucy Shriver May and Brett Bim be replaced with Candiece Arrington and Gregg Wooding. Mayor Hogue asked the council and panel members if they had any comments regarding these recommendations. Mayor Hogue stated that he was very impressed with Mr. Wooding during his interview, regarding his career as a book agent for authors. Minutes June 14, 2011 Wylie City Council Page 4 Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to reappoint Mindy Ayers and Shirley Burnett and appoint Candiece Arrington and Gregg Wooding to the Library Advisory Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Public Arts Advisory Board Councilman Jones called out the Public Arts Advisory Board stating that the panel had spoken to board liaison Carole Ehrlich who was very interested in finding applicants that were very interested in the arts. Mr. Jones reported that the three applicants recommended for appointment, Mr. James Lenox and Mrs. Susan Spurgin and the recommendation for the re-appointment of Thomas Gaudreau were very good recommendations for this board. Councilwoman Culver concurred. Council Action A motion was made by Councilman White, seconded by Councilman Jones to appoint James Lenox and Susan Spurgin and reappoint Thomas Gaudreau to the Public Art Advisory Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Wylie Economic Development Corporation Board Councilman Jones called out the Wylie Economic Development Corporation stating that the one re-appointment of Todd Wintters was being recommended for the board as he fit all the required qualifications to serve on the board. Mayor Hogue asked the panel members and council members if they had any comments. Councilwoman Culver stated that there were specific qualifiers to serve on this board and Mr. Wintters was the only candidate that had those qualifications. Councilman Goss concurred and stated that there was some discussion which Mrs. Smith mentioned regarding the tape; "I hope that everyone on the dais had an opportunity to listen to the deliberation tape because there was some battling over the candidates that were chosen. In the end the panel wanted to choose the most qualified to serve on these boards and I believe we chose those candidates." Council Action A motion was made by Councilman Goss, seconded by Mayor Pro Tem Byboth to reappoint Todd Wintters to the Wylie Economic Development Corporation Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Zoning Board of Adjustment Councilman Jones called out the Zoning Board of Adjustment. He explained that this board required certain qualifications in that it was a final decision making entity on all ruling they make. He stated that the current members, wishing re-appointment, Bryan Rogers and Linda Jourdan were qualified members and the panel was recommending reappointment of these members. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to reappoint Bryan Rogers and Linda Jourdan to the Zoning Board of Adjustments for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Parks and Recreation Board Councilman Jones called out the Parks and Recreation Board stating that the panel disagreed on these recommendations. After discussion, Councilman Goss and Councilwoman Culver wished to see Jeff Harris replace Jim Ward. Councilman Jones stated that he was not in favor of making this change as he felt this board was currently working on some vital issues with regard to the Parks Trails Master Plan and Founders/Community Parks and to bring someone "green" in would be disheartening because these current members have already started the process and need to see it through. "I feel Jim Ward, Brandi Lafleur and Dan Chesnut need to be reappointed." Councilwoman Culver stated she felt that new applicants should have some opportunity to serve and if you don't add new applicants you don't get new ideas. "Mr. Harris spoke before council on several occasions regarding Community Park and was neutral with regard to the leagues. I think this gives him a unique prospective in Minutes June 14, 2011 Wylie City Council Page 5 cooperation between the sport leagues." Councilman Jones stated that Council members Culver and Goss recommended taking the newest current member not the oldest off the board and he didn't understand why this member was chosen for replacement. Councilman Goss stated he felt Mr. Harris fit the position best. Council Action A motion was made by Councilman Jones seconded by Councilman White to reappoint Dan Chesnut, Brandi Lefleur and Jim Ward to the Parks and Recreation Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 5-2 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman White and Councilman Jones voting for and Councilwoman Culver and Councilman Goss voting against. Parks and Recreation 4B Board Councilman Jones called out the Parks & Recreation 4B Board stating that up for reappointment are Shirley Burnett, Dan Chesnut, Anne Hiney and Kathy Spillyards. All current members wished reappointment with the exception of Shirley Burnett. Mr. Jones stated that the panel felt the replacement for Shirley Burnett needed to be chosen from the Parks and Recreation Board. Cristine Price was chosen to replace Shirley Burnett. He explained that Councilman Goss wished to serve on this board and Councilman Jones agreed to be removed from the board in order for Councilman Goss to serve. Council Action A motion was made by Councilman Jones, seconded by Mayor Pro Tem Byboth to reappoint Dan Chesnut, Anne Hiney, and Kathy Spillyards and appoint Cristine Price and David Goss (replacing Bennie Jones) to the Parks and Recreation 4B Board for a two year term beginning July 1, 2011. A vote was taken and the motion passed 7-0 Planning and Zoning Commission Councilman Jones called out the Planning and Zoning Commission. He stated that there were three members up for reappointment, Ruthie Wright, Ramona Kopchenko and David Dahl all wishing to be reappointed. He stated that he was recommending all three members be reappointed. He explained that in this particular discussion one of the panel members was taking the discussion personal which he did not agree with. Councilman Jones explained that his recommendation was to leave all three members up for reappointment on the board however Councilman Goss and Councilwoman Culver wished to remove Ramona Kopchenko and replace her with Matthew Kirk. Councilwoman Culver explained that Mr. Kirk was a marine and had been stationed in Afghanistan for two tours. "I feel when you have a person in service like that and wishing to serve their community you should find a place for them to serve." Councilman Goss stated that he disagreed with Councilman Jones stating that there were no personal issues in the decisions made. He believed the panel was "upgrading" the commission with the recommendations that are being made. Councilman White stated that he had spoken to several of the Commission members and stated that they agreed that although they didn't always agree with board member Kopchenko, they felt she was extremely valuable to the commission. He stated that he felt she should be left on the Planning and Zoning Commission. Mr. Kirk was in the audience and addressed council stating that he was currently in the U.S. Marine Corp. Reserves and was employed by Grantham and Associates and manages the survey department of which he is a certified land surveyor. Council Motion A motion was made by Mayor Pro Tem Byboth to reappoint David Dahl and Ramona Kopchenko and appoint Matthew Kirk to the Planning and Zoning Commission. The motion died for lack of a second. Minutes June 14, 2011 Wylie City Council Page 6 orn,,., Council Action A motion was made by Councilman Goss, seconded by Councilwoman Culver to reappoint Ruthie Wright and David Dahl and to appoint Matthew Kirk to the Planning and Zoning Commission. A vote was taken and the motion failed 2-5 with Councilman Goss and Councilwoman Culver voting for and Mayor Hogue, Mayor Pro Tern Byboth, Councilwoman Spillyards, Councilman White and Councilman Jones voting against. Mayor Hogue asked for further discussion or motion to appoint. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to reappoint Ruthie Wright, Ramona Kopchenko and David Dahl to the Planning and Zoning Commission for a two year term beginning July 1, 2011. A vote was taken and the motion passed 5-2 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilman White and Councilman Jones voting for and Councilwoman Culver and Councilman Goss voting against. City Manager and City Secretary Ehrlich noted that three members on the list of current members but not included in those considered for appointment tonight were omitted from the list and would be corrected. Kelly Price (replaced Jeff Ellis), Matt Rose (replaced Eddie Rogers) and Gerri Washington (replaced Courtney Gober). 3. Consider, and act upon, Resolution No. 2011- 19(R) authorizing the City Manager to execute a construction contract in the amount of $1,995,277 to JC Commercial, Inc. for the construction of the 2011 Community Park Improvements Project contingent upon City Attorney approval of the contract, insurance, and bond documents. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed council stating that on May 23, 2011 the Park and Recreation Board reviewed the bid tabulation and discussed various options and add alternate items that may be awarded as part of the construction contract. The Board made a recommendation to City Council, and that recommendation was discussed at a joint Park and Recreation Board/City Council Work Session on May 31, 2011. Based on the consensus achieved at the May 31st meeting, improvements in the base bid of$1,367,777 include but are not limited to the following items: • Demolition of the existing baseball field fourplex and existing concession stand/restroom, • Complete an eight-foot wide concrete trail approximately eight-tenths of a mile in length, • Complete finish out of Rowell, Eldridge, and Tibbals fields with sod and irrigation, • Cooper field re-grading, fencing and drainage, • New fencing for all fields, • New concrete plaza area, and • All underground water, sewer, and storm water infrastructure. Add alternate items agreed upon in the amount up to $627,500 include: • Concession stand/restroom facility with a cap not to exceed $300,000, • Cooper Field irrigation and sod -$32,000, • Plaza and Infield Lighting Package-$51,000, • Outfield Lighting Package- $39,000, Minutes June 14, 2011 Wylie City Council Page 7 • Light pole relocation -$5,500, and • Parking variation for$200,000 (112— 115 spaces with landscape and irrigation for islands and pavement markings). At the joint Work Session, the following recommendations for project funding were presented: • 2005 bond funds for Community Park($1,495,000 less engineering design), • Collin County Parks and Open Space grant awarded in the amount of$267,500, • Utilization of any remaining funds from the Founders Park bond project(currently estimated at $250,000), • Using approximately $365,000 from the Utility Fund to pay for water, sewer, and storm water infrastructure related to the park improvements, and • Proceeds from a loan in the approximate amount of$440,500 to finance the acquisition of the athletic lights for the baseball fields. Council Action A motion was made by Mayor Pro Tem Byboth seconded by Councilman Goss to authorize the City Manager to execute a construction contract in the amount of $1,995,277 to JC Commercial, Inc. for the construction of the 2011 Community Park Improvements Project contingent upon City Attorney approval of the contract, insurance, and bond. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Byboth, Councilwoman Spillyards, Councilwoman Culver, Councilman White and Councilman Goss voting for and Councilman Jones voting against. WORK SESSION . • Preliminary Budget Discussion. (L. Bantz, Finance Director) City Manager Manson presented a preliminary budget review for FY 2011-2012. She explained assumptions affecting the budget included property tax estimates being flat for the coming year but sales tax projections estimated to be 4% higher in the next fiscal year. Home starts were estimated to be a around 200, same as last year and staffing included a full year of personnel for both the Recreation Center and Library with revenues from the Recreation Center partially offsetting the cost in the next fiscal year. Municipal Complex operating costs had also been included. Manson explained that estimated revenues for the next fiscal year were $22,819,041 with expenses, prior to staff budget meetings $24,196,112. She noted this amount would be reduced through review of staff requests and basic high priority requests for services versus wants. City Manager Manson explained that some of the fund balance could be used to offset expenses due to a healthy fund balance but noted the percentage required by policy would be held at 15% with a preference at 25%. She explained the projected tax rate to cover the bond repayment was scheduled to go to a high of $.92 but council had made the decision to remain constant at $.8989. • Council iPad Training and Review. (C. Ehrlich, City Secretary) Public Information Officer Craig Kelly, City Manager Mindy Manson and City Secretary Carole Ehrlich gave a short presentation regarding the implementation of the new iPads for agenda Minutes June 14, 2011 Wylie City Council Page 8 distribution to council. Council members were given the devices and went through a short training session regarding usage with Good Reader. Council will now receive agenda packets electronically. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman White, seconded by Councilman Jones to adjourn the meeting at 9:25 p.m. A vote was taken and the motion passed 7-0. 7 1 � M.G. "Red" Bybo , Mayor Pro Tern ATTEST: OFrfrirk0, ----. Ca ole Ehrlich, ity Secretary 111.400- tars Or t1* Minutes June 14, 2011 Wylie City Council Page 9