08-09-2011 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, August 9, 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. City Council members present
included: Councilwoman Kathy Spillyards, Councilwoman Diane Culver, Councilman Rick
White, Councilman David Goss, and Councilman Bennie Jones. Mayor Pro Tern Red Byboth
was absent.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire
Chief, Randy Corbin; Police Chief, John Duscio; Finance Director, Linda Bantz; Public Services
Director, Mike Sferra; Library Director, Rachel Orozco; City Engineer, Chris Hoisted; Wylie
Economic Development Director, Sam Satterwhite; Building Official, Mike McAnnally; Planning
Director, Renae' 011ie; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly,
and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Councilman Goss gave the Invocation and Councilwoman Spillyards led the Pledge of
Allegiance.
PRESENTATION
• Never Leave a Child Unattended Month
Mayor Hogue and Fire Chief Corbin read a proclamation proclaiming the month of August as
"Never Leave a Child Unattended Month" in the city of Wylie. He asked citizens to never leave a
child or pet unattended in a vehicle or outside unattended.
• Jenny Fry Life Saving Award
Mayor Hogue and the Wylie Dispatch staff presented the Life Saving Award to Jenny Fry. Fire
Chief Corbin explained at a little after 1:30 a.m. on May 23rd, neighbors were awakened to the
sound of children reporting their house was on fire and their mother was still inside. The Fry's
daughter dialed 9-1-1 and got experienced Telecommunicator Lisa Laird on the other end.
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Jenny Fry left her home that morning and immediately ran into harm's way to help her neighbor.
She was able to enter the deadly atmosphere and grab the mother, dragging her towards the
front door. There her husband was able to help her pull the victim into the front yard. Since the
mother was not breathing, Fry used her prior CPR training and resuscitated the lady.
Fire Chief Corbin explained without the heroic measures taken by Jenny Fry, this mother would
have lost her life that morning. Mayor Hogue presented Mrs. Fry with a crystal award from a
grateful community for her life-saving measures for her neighbor. Telecommunicators Lisa
Laird, Tristian Whittle, and Barbara Morrow assisted with the presentation along with PSC
Supervisor Allyson Frederick.
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 takes action on any matter presented during citizen participation.
Bobby Heath, representing the Wylie Downtown Merchants, reported on some upcoming events
in the downtown area.
Don Hallum, representing WASA, reminded members of the upcoming Elvis event on August
19th at the First Baptist Church Events Center to raise funds for WASA (Wylie Advocates for
Senior Activities).
Councilman Jones addressed council reporting that over the past weekend there were 30 young �.
men who participated in the Lake Lavon Safety, Gang and Drug Awareness Event. He
recognized Taste of Home who had provided food for the event. He noted many volunteers and
businesses offered services to assist, which was free to all participants. Councilman Jones also
thanked Fire Chief Corbin and Police Chief Duscio for their assistance.
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 26, 2011 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, Resolution No. 2011-21(R) authorizing the Mayor to enter
into an Interlocal Agreement with the Collin County Commissioners Court to
include the City of Wylie and its extraterritorial jurisdiction in the Collin County
Environmental Health Care Services program. (M. McAnnally, Building Official)
C. Consider, and act upon, ratifying the City Manager's execution of 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)
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D. Consider, and act upon, Ordinance No. 2011-15 prohibiting parking, stopping, or
standing of a vehicle along Martinez Lane from SH 78 to Alanis Drive. (C. Holsted,
City Engineer)
E. Consider, and act upon, Ordinance No. 2011-16 amending Section 3 of Ordinance
2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a
school zone for certain streets; establishing prima facie maximum speed limits
during school hours in such zone; providing for installation of signs and markings;
regulating vehicular and pedestrian traffic; providing for a penalty for the violation
of this ordinance, providing for repealing, savings and severability clauses; and
providing for an effective date of this ordinance. (C. Holsted, City Engineer)
Mayor Hogue announced Consent Item E had been requested to be pulled by staff and
considered individually.
Council Action
A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve
consent items A, B, C, and D as presented. A vote was taken and the motion passed 6-0 with
Mayor Pro Tern Byboth absent.
REGULAR AGENDA
E. Consider and act upon, Ordinance No. 2011-16 amending Section 3 of Ordinance
2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a
school zone for certain streets; establishing prima facie maximum speed limits
during school hours in such zone; providing for installation of signs and markings;
regulating vehicular and pedestrian traffic; providing for a penalty for the violation
of this ordinance, providing for repealing, savings and severability clauses; and
providing for an effective date of this ordinance. (C. Holsted, City Engineer)
Staff Comments
City Engineer Hoisted addressed council stating that the proposed Ordinance establishes school zones
on the recently complete portion of FM 1378 for Smith Elementary and it also establishes a pedestrian
crossing on Stone Road for Burnett Jr. High School. Holsted noted a typographical error in the proposed
ordinance in Section II, (b) (3) which should read: Twenty (20) miles per hour on school days on the
following streets: (a) on Country Club Road from the intersection of Park Boulevard, south five hundred
feet (500') and (b) on Country Club Road from the intersection of Park Boulevard, north one thousand
feet(1,000'). He requested council make this change within the action taken.
Council Action
A motion was made by Councilman White, seconded by Councilman Goss to approve
Ordinance No. 2011-16 amending Section 3 of Ordinance 2007-36 and Article IV, Section 110-
133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima
facie maximum speed limits during school hours in such zone; providing for installation of signs
and markings; regulating vehicular and pedestrian traffic; and correcting Section II, (b) (3) of
Ordinance No. 2011-16 to read: Twenty (20) miles per hour on school days, on the following
streets:
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a. On Country Club Road from the intersection of Park Boulevard, south five hundred feet
(500'). —�-
b. On Country Club Road from the intersection of Park Boulevard, north one thousand feet
(1,000').
A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent.
1. Consider, and act upon, Resolution No. 2011-22(R) of the City Council of the City of
Wylie, Texas, accepting the proposed property tax rate for fiscal year 2011-2012,
accepting the calculation of the effective tax rate, and providing for the publication
as provided by the Texas Property Tax Code. (L. Bantz, Finance Director)
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 $0.901299 and the rollback tax rate is
$0.949368. 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 Councilwoman Culver to adopt Resolution No.
2011-22(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for
fiscal year 2011-2012, 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
Hogue, and Council members Goss, Spillyards, Jones, White, and Culver voting for with none against
and Mayor Pro Tem Byboth absent.
Presentation
Hear presentations from the top ranked finalist design/build construction firms: Pulliam
Construction Services, Byrne Construction, and Adolfson & Peterson Construction.
Staff Comments
Assistant City Manager Butters addressed council stating that staff is requesting council rank the
design/build construction firm finalists in the order of preference. Butters explained that staff published a
Request for Proposals for design build services for the Public Services construction project and received
17 proposals. Staff narrowed the firms down to seven firms to interview. After interviewing the seven firms
and checking references staff narrowed those to three finalists to present to City Council; Pulliam
Construction Services, Byrne Construction, and Adolfson & Peterson Construction.
Butters explained that each firm was present tonight to present their proposals. He noted action would be
taken in a separate agenda item following the presentations.
Each of the three semi-finalists presented their initial proposal to council and those present.
2. Consider, and act upon, ranking the finalist design/build construction firms and
authorizing the City Manager to negotiate a contract beginning with the top-ranked
firm, for the Public Services remodel and new construction project. (J. Butters, ---°
Assistant City Manager)
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Staff Comments
Assistant City Manager Butters addressed council stating that staff is requesting council rank the
design/build construction firm finalists in the order of preference. All three finalists have presented
proposals to City Council; Council may rank: Pulliam Construction Services, Byrne Construction, and
Adolfson & Peterson Construction in their order of preference.
Council/Firms Discussion
Councilman Goss commended Mr. Pulliam on his layout of estimated line item costs within the proposal.
He thanked Mr. Pulliam for his detailed proposal. Councilwoman Spillyards asked in working with the
plan and budget, could Mr. Pulliam provide more live screening for the park and other areas of the
proposal. Mr. Pulliam replied that his proposal had contingencies that would allow for more live screening
if preferred as long as it did not add arches and other amenities that would be costly.
Councilman Goss commented that he believed the proposal by Pulliam Construction Services was very
impressive and he liked this firm as the first ranked. Councilman White and Jones concurred.
Councilwoman Spillyards agreed with the choice of Pulliam as the first choice.
Councilman Jones and White commented their choice of Adolfson & Peterson construction as a second
ranked choice. Mayor Hogue concurred.
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Jones to rank Pulliam
Construction Services, first; Adolfson & Peterson Construction, second and Byrne Construction,
third and to authorize the City Manager to negotiate a contract beginning with the top-ranked
firm, for the Public Services remodel and new construction project. A vote was taken and the
motion passed 6-0 with Mayor Pro Tern Byboth absent.
3. Consider, and act upon, authorizing the Mayor to sign an amendment to Exhibit C
of the Solid Waste contract between the City of Wylie and Community Waste
Disposal (CWD); adding biannual Clean Up Green Up event services and
increasing the residential solid waste rates by $. cents per month and
increasing the rate for additional polycarts by $._cents per month. CWD contract
rate including HHW (or Clean Up Green Up) rate and consider a CWD request for
rate increase. (J. Butters, Assistant City Manager)
Staff Comments
Assistant City Manager Butters addressed council stating that at the July 12th City Council meeting
Council directed staff to add services to the solid waste contract including two events per year in which
our solid waste provider would collect household hazardous waste, tires, electronics, metal appliances,
and conduct paper shredding at an additional cost of$.40 per household per month.
Butters explained that after the July 12th meeting staff received a request for a market adjustment from
CWD. CWD requests an increase of $.44 per residential household per month and an increase of $.18
per additional polycart per month. Butters noted that per the current contract, CWD has the ability to
request a rate adjustment once per year for consideration by the Wylie City Council. Our contract began
with CWD in September 2008. Since that time there has been one request for an increase in commercial
rates (in 2010), and there has not been a request for an increase in residential.
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Assistant City Manager Butters reviewed several scenarios regarding choices that council could make in
approval of the Clean Up Green Up event for hazardous waste and the increase in solid waste fees and
polycarts. He noted these included passing the fees on to the consumer or absorbing the costs within the
budget or any combination thereof.
Council/CWD Discussion
Greg Roemer, owner of CWD, addressed council stating that he was not asking for a "wage increase" but
rather a cost adjustment which reflects the higher costs CWD is experiencing in costs to do business in
the past twelve months. He reported the detailed annual analysis reflected three areas of market
indexes. The three pieces that are analyzed are disposal, CPI, and fuel. These independent indexes are
used to set rates based on these three costs. Mr. Roemer explained that each year, date specific, CWD
mails the letter reflecting the indexes to the City Manager. He reported in this current year, CPI is up by
3.3% and fuel is up $1.00 per gallon or 32.42% from one year ago. This analysis is what projected the
$.44 increase in solid waste fees.
Mr. Roemer explained the new Clean Up Green Up event was a bargain at$.15 per customer for the first
year and $.30 for the second year. He reported CWD had chosen to lower the cost for the first two years
to introduce Wylie to this new and needed service.
Mayor Hogue asked if there had been an increase for commercial use in the past. Assistant City
Manager Butters replied that there was a rate adjustment last year for commercial rates but not for
residential. Mayor Hogue asked if there was an increase in residential only in this proposed rate
adjustment. Mr. Roemer replied there was an increase for residential and commercial in this proposed
rate adjustment. Mayor Hogue stated that he felt staff had not been made aware of the commercial
increase and felt this item should be tabled until such time as the proposed agreement can be reviewed
with staff and brought back to council with recommendations.
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman Goss to table Item #3
and consideration of the Solid Waste Contract between CWD and the City of Wylie until such
time as staff can review and make recommendations regarding the proposed solid waste fees
and services. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent.
4. Consider, and act upon, authorizing the Wylie Economic Development Corporation
to construct parking improvements on private property to benefit the downtown
Wylie commercial district. (S. Satterwhite, Executive Director WEDC)
Staff Comments
Wylie Economic Development Corporation Executive Director Satterwhite addressed council stating that
prior to consideration of this paving project, the Wylie Economic Development Corporation (WEDC) had
attempted to purchase 0.198 acres from the Wylie First Baptist Church (FBC) to facilitate downtown
redevelopment and facilitate increased parking to benefit downtown businesses and Olde City Park. The
area in question is located across Ballard Street from Olde City Park, adjacent to and south of Boyd
Recording Studio.
Satterwhite explained that while the WEDC was unsuccessful in its attempt to purchase the property due
to FBC policy issues, a scenario has been identified by which increased parking for Olde City Park and
downtown businesses could be accomplished. Satterwhite explained that WEDC has discussed this issue
in concept with FBC to construct the parking improvements (±35 spaces) on the proposed site, put in
place a shared parking agreement with the FBC under which public parking is unrestricted, and with the
WEDC to be reimbursed a portion or all of its expenses should the FBC sell the property or after a
predetermined number of years pass.
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Satterwhite explained that the framework for discussion assumed the WEDC funds the improvements; the
WEDC would be reimbursed 100% should the FBC sell the property within a 10 year period. He noted
should the 10 year period expire with no sale, FBC would reimburse the WEDC 50—75% of its costs with
no expiration date for the shared parking agreement. Further, staff envisions angled, head-in parking with
one-way traffic exiting into and through the existing FBC parking lot. Finally, the WEDC will be
responsible for directional and public parking signage with FBC responsible for all maintenance.
He reported, due to the uncommon scenario of providing public improvements on private property, the
WEDC Board of Directors has sought input from the Parks and Recreation Board, Downtown Merchants
Association, and now the Wylie City Council prior to making a final determination as to the viability of the
project. Satterwhite noted the Parks Board unanimously supported the project but suggested specific
attention be paid to cross walk directional signage so that individuals would be deterred from crossing
directly across Ballard Street to Olde City Park. The Merchants Association also unanimously supported
the project. Staff and Board members presenting the concept to both groups were very clear regarding
the unusual nature of this project relating to public improvements on private property and that the Board
would heavily weigh Council's input.
Council Discussion
Mayor Hogue asked Mr. Satterwhite who would be responsible for liability should someone be hurt on the
property. Mr. Satterwhite replied that responsibility for both liability and maintenance would be solely the
responsibility of FBC. Councilman Jones stated he had concerns regarding paying tax payer money to
improve private property. He asked why FBC was unwilling to sell the property. Satterwhite replied there
was a philosophical reason why the original property owner who donated the property to the church did
not want the church to sell the property.
Councilman Goss asked if after 10 years the WEDC was recommending a return of investment by 50% or
75%. Mr. Satterwhite replied that he would recommend a return of 50%. Councilman Goss noted the
costs to build the parking lot would be higher than the estimated costs proposed by WEDC.
Councilwoman Culver stated that she too had concerns with building improvements with taxpayer money
on private property. She noted that she felt the council was treading on thin ice with regard to approving
this type of agreement and could set precedence for future proposals.
Councilwoman Spillyards stated that she saw another side of this proposal to benefit the City for events in
the park and assisting in making the downtown area a viable place for new and existing businesses.
Mayor Hogue stated he had concerns regarding not owning the property and changes in leadership within
the church.
WEDC president Marvin Fuller addressed council stating that the board felt since the church was not
agreeable to selling the property, the board felt the most cost effective way to construct a parking area to
benefit the park and downtown area was to enter into an agreement with FBC. He noted this property was
currently not on the tax roll and the merit of eventually moving it to the taxable roll and the other benefits
merited looking at this proposal.
Councilman White asked if a long term lease could be arranged whereby the church would lease the
property to WEDC for many years to control the land use. WEDC Director Satterwhite stated he thought
there were some gaps that could be filled in prior to action taken. He noted he would convey this
information to FBC and come back to council with additional options for this parking proposal.
Council Action
A motion was made by Councilman White, seconded by Councilman Jones to table Item #4,
consideration of the construction of parking improvements on private property to benefit the
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Wylie City Council
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downtown commercial district be tabled to gather other options and recommendations. A vote
was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent.
5. Consider, and act upon, Ordinance No. 2011-17 approving a negotiated resolution
between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex
Division regarding the company's fourth annual rate review mechanism filing in all
cities exercising original jurisdiction; declaring existing rates to be unreasonable;
adopting tariffs that reflect rate adjustments consistent with the negotiated
settlement and finding the rates to be set by the attached tariffs to be just and
reasonable; requiring the company to reimburse cities' reasonable ratemaking
expenses; repealing conflicting resolutions or ordinances; determining that this
ordinance was passed in accordance with the requirements of the Texas Open
Meetings Act; adopting a savings clause; declaring an effective date; and requiring
delivery of this Ordinance to the company and the Steering Committee's legal
counsel. (M. Manson, City Manager)
Staff Comments
City Manager Manson addressed council stating that the City, along with approximately 154 other cities
served by Atmos Energy Mid-Tex Division ("Atmos Mid-Tex" or "Company"), is a member of the Atmos
Cities Steering Committee ("ACSC" or"Steering Committee"). On or about April 1, 2011, Atmos Mid-Tex
filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism
("RRM") tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of
Intent to increase rates. Manson noted this is the fourth annual RRM filing.
City Manager Manson explained that Atmos had sought a $15.7 million dollar increase. After discussions
with the coalition, the amount was lowered to $6.6 million dollar increase which partially includes the
direct costs of seal service line replacements which has been discussed for several years. Manson
reported the average residential increase would be $.31 cents per month and commercial user would be
$.88 cents per month. She noted that the alternative to a settlement of the RRM filing would be a
contested case proceeding before the Railroad Commission on the Company's current application, would
take several months and cost ratepayers millions of dollars in rate case expenses, and would not likely
produce a result more favorable than that to be produced by the settlement.
Council Action
A motion was made by Councilwoman Culver, seconded by Councilman White to adopt
Ordinance No. 2011-17 approving a negotiated resolution between the Atmos Cities Steering
Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's fourth annual
rate review mechanism filing in all cities exercising original jurisdiction; declaring existing rates
to be unreasonable; adopting tariffs that reflect rate adjustments consistent with the negotiated
settlement and finding the rates to be set by the attached tariffs to be just and reasonable;
requiring the company to reimburse cities' reasonable ratemaking expenses; repealing
conflicting resolutions or ordinances; determining that this ordinance was passed in accordance
with the requirements of the Texas Open Meetings Act; adopting a savings clause; declaring an
effective date; and requiring delivery of this Ordinance to the company and the Steering
Committee's legal counsel. A vote was taken and the motion passed 5-1 with Mayor Hogue,
Council members Culver, Spillyards, Jones and White voting for with Councilman Goss voting
against and Mayor Pro Tem Byboth absent. —.
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..... 6. Consider, and act upon, a settlement with David Edward Company, Ltd in Cause
No. 401-02629-2011 in the case styled The David Edward Company, LTD v. City of
Wylie, Texas pending in the 401st District Court in Collin County, Texas and to
authorize the City Manager to take all actions necessary to effectuate the same. (M.
Manson, City Manager)
Staff Comments
City Manager Manson addressed council stating that the original specifications for one of the high-back
chairs for the new Library called for 26 chairs. During the process of ordering the furniture, the number
was inadvertently doubled and a purchase order issued by the City based on the quote. It was not until
the City received the custom chairs with the upholstery selected for our project that we realized the
mistake. Staff began the discussion with the vendor regarding some sort of settlement or credit regarding
the amount owed because while the City clearly processed the request with the incorrect number of
chairs, the City believed that the vendor had some responsibility to compare the order to the original
specifications.
g'lY f
Manson explained tha{i r eral mo 9'4'of discussions, the issue was ultimately referred to the
attorneys for both parties. Tl initiai• respd see:;from the vendor's attorney was an assertion that they
were due $32,911.3 It afterjieg ion,.the*greed to settle at $23,500. Manson noted the City had
possession of the; airs and would 'utilize th m within the new buildings. Staff recommends the
acceptance of the i tlement offer which,was received on July 25th and which must be responded to by
August 22"d. Y
Mayor Hogue askedti4e ,• Oa' <n tir Wylie Municipal Complex project was. Manson replied
that it totaled $42 milli.I:, . le if this was the first oversight. Manson replied that it was
the first oversight by thr plained that staff would have preferred not to have any
oversight. Councilwoman Cufver ask what the break even cost would be to the contractor on the
duplicate order. She stated that she felt the contractor should have some fault in accepting the order.
She asked why the City would not negotiate a cost break point so the contractor would not be out any
funding but the City would not have the cost of the profit markup. Construction Manager Shane Colley
explained the contract was under TXMAS pricing which has very little mark up on items purchased;
somewhere between 5%-10%. Colley explained that on a $20,000 purchase the markup would be
somewhere around $2,000. He noted the contractor was reducing the cost by $2,600 on the duplicate
order.
Council Action
A motion was made by Councilwoman White, seconded by Councilwoman Spillyards to approve
a settlement with David Edward Company, Ltd in Cause No. 401-02629-2011 in the case styled
The David Edward Company, LTD v. City of Wylie, Texas pending in the 401st District Court in
Collin County, Texas and to authorize the .City Manager to take all actions necessary to
effectuate the same. A vote was taken and the motion passed 4-2 with Mayor Hogue,
Councilman White, Councilwoman Spillyards, and Councilwoman Culver voting for with
Councilman Goss and Councilman Jones voting against and Mayor Pro Tem Byboth absent.
READING OF ORDINANCES
City Secretary Ehrlich read the captions to Ordinance No.'s 2011-15, 2011-16 and 2011-17 into
— the official record.
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Wylie City Council
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ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman
White, seconded by Councilwoman Spillyards to adjourn the meeting at 9:40 p.m. A vote was
taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent.
Eric Hogue, Mayor
ATTEST:
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