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05-22-2012 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Meeting Tuesday May 22, 2012 — 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 Pro Tern Red Byboth called the meeting to order at 6:05 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Councilwoman Diane Culver, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, and Councilman Bennie Jones. Mayor Eric Hogue was out of town on city business. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Linda Bantz; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE In honor of Peace Officers Memorial Day, Councilwoman Culver read the "Prayer of the Fallen Officers." In 1962, President John F. Kennedy signed a proclamation which designated May 15th as Peace Officers Memorial Day and the week in which that date falls as Police Week. (http://policeweek.orq/) Fire Chief Randy Corbin led the Pledge of Allegiance. Mayor Pro Tem Byboth explained to council, once the May 12, 2012 canvass had been completed and in the absence of the mayor, Mayor Hogue had requested that Councilman Rick White preside over the meeting until such time as a new mayor pro tem was appointed. City Manager Mason read a letter from Mayor Hogue congratulating the newly elected council members. CANVASS OF ELECTION Minutes May 22, 2012 Wylie City Council Page 1 • Consider, and act upon, Resolution No. 2012-17(R) declaring the results of the Official Canvass of the City of Wylie General Election of May 12,2012. City Secretary Ehrlich asked the council to review the unofficial findings of the May 12, 2012 Wylie General Election for consideration of Resolution No. 2012-17(R) declaring the official results of the canvass. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to adopt Resolution No. 2012-17(R) declaring the results of the Official Canvass of the City of Wylie General Election and naming Nathan Scott, Place 2, and Bennie Jones, Place 4, as duly elected councilmembers. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. ISSUANCE OF CERTIFICATES TO ELECTED COUNCIL MEMBERS • Presented by Judge Terry Douglas Collin County Justice of the Peace, Precinct 2, Judge Terry Douglas issued Certificates of Elected Council Members to Nathan Scott and Bennie Jones. ADMINISTRATION OF OATH OF OFFICE FOR ELECTED COUNCIL -_ MEMBERS • Administered by Judge Terry Douglas Collin County Justice of the Peace, Precinct 2, Judge Terry Douglas administered the oath of office to Nathan Scott, Place 2, and Bennie Jones, Place 4. Members of the councilmembers family were present for the administration of the oath. Mayor Pro Tem Byboth thanked the council and community for their support during his tenure as a council member and mayor pro tern. He thanked staff for their support and stated that Wylie had an outstanding staff. Byboth did not seek re-election. Councilman Rick White took his seat presiding over the meeting. APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, appointment of the Mayor Pro Tem for a one year term beginning May 2012 and ending May 2013. Councilman White addressed the council stating that traditionally when a full council was not present, the council has chosen to table nominations for mayor pro tern until a meeting where the full council is present. Councilman Goss stated he thought the item must be considered at --- the first meeting of the council following the canvass per the Wylie Home Rule Charter. He asked City Manager Manson for clarification. City Manager Manson replied that responsive to Minutes May 22, 2012 Wylie City Council Page 2 m the home rule charter, in posting the item for the first meeting following the canvass, the requirement of the home rule charter had been satisfied and the item could be considered or tabled at the council's pleasure. Councilman White asked for a motion from the floor. Council Motion A motion was made by Councilwoman Spillyards to table the appointment of the mayor pro tern to the next regular meeting. The motion failed for lack of a second. Council Motion A motion was made by Councilman Jones, seconded by Councilwoman Culver to appoint Councilman David Goss as mayor pro tern for a 1 year period. A vote was taken and the motion failed 3-3 with Councilman Goss, Councilman Jones, and Councilwoman Culver voting for and Councilman White, Councilwoman Spillyards, and Councilman Scott voting against. Council Motion A motion was made by Councilman Goss, seconded by Councilwoman Culver to nominate Councilwoman Spillyards as mayor pro tern for a 1 year period. A vote was taken and the motion failed 3-3 with Councilwoman Culver, Councilman Jones, and Councilman Goss voting for and Councilwoman Spillyards, Councilman Scott, and Councilman White voting against. Council Motion A motion was made by Councilwoman Culver, seconded by Councilman Goss to nominate Councilman Jones as mayor pro tern for a 1 year period. A vote was taken and the motion failed 3-3 with Councilwoman Culver, Councilman Jones, and Councilman Goss voting for and Councilwoman Spillyards, Councilman White, and Councilman Scott voting against. Council Motion A motion was made by Councilman Scott, seconded by Councilwoman Spillyards to table consideration of the mayor pro tern until the next regular meeting of the council and the return of the mayor. A vote was taken and the motion failed 3-3 with Councilwoman Spillyards, Councilman White, and Councilman Scott voting for and Councilwoman Culver, Councilman Jones, and Councilman Goss voting against. Councilman White asked City Secretary Ehrlich if the council needed to continue to vote regarding this item. City Secretary Ehrlich replied that the motion to table or move forward with an appointment was at the pleasure of the council but required a majority vote to pass. Council Motion A motion was made by Councilman Jones, seconded by Councilwoman Culver to appoint Councilman White as mayor pro tern for a one year term. Minutes May 22, 2012 Wylie City Council Page 3 Discussion Councilman White noted that he would decline serving as mayor pro tem if appointed and would wait for the return of the mayor to allow for a full council vote. A vote was taken and the motion failed 2-4 with Councilwoman Culver and Councilman Jones voting for and Councilman Goss, Councilwoman Spillyards, Councilman White, and Councilman Scott voting against. Councilman Goss stated there were six seated councilmembers. The mayor, who is absent, cannot be appointed as mayor pro tern; why can't the council members choose someone from these six seated council members as the next mayor pro tern tonight. Goss stated his frustration and asked why this council couldn't come to a decision without waiting for the mayor. Councilman White stated that he wished to wait for a full seated council to nominate the next mayor pro tern, that way each and every member can cast their vote for the new mayor pro tern. Councilwoman Spillyards stated that she did not think by tabling the item for a full seated council was letting the citizens down in any way. Councilman White asked City Secretary Ehrlich if the item could not come to a majority vote, could the item be moved to the end of the meeting and go on with other business. City Secretary Ehrlich stated if that was the desire of the council it could be moved to the end of the meeting and recalled for consideration. Councilman White asked for the item to be moved to the end of the meeting. Consensus of the council was to postpone consideration until the end of the meeting. 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. There were no citizens present wishing to address council during citizens comments. 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 8, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the City of Wylie Monthly Revenue and Expense Report for the City of Wylie as of April 30,2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for April 30, 2012. (L. Bantz, Finance Director) Minutes May 22, 2012 Wylie City Council Page 4 D. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of April 30, 2012. (S. Satterwhite, Executive Director WEDC) E. Consider, and act upon, Resolution No. 2012-19(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie and Collin County for cooperative fire cause determination and prosecutorial activities. (R. Corbin, Fire Chief) F. Consider, and act upon, Ordinance No. 2012-17, amending the zoning from Agricultural District (AG/30) to Single-Family (SF-20/26) District on 2.88 acres (Blakey Addition,No. 2), generally south of Alanis Drive and approximately 393 feet west of Ballard Avenue. ZC 2012-06 (R. 011ie, Planning Director) G. Consider, and act upon, approval of a Final Plat for Blakey Addition 2, creating three single family residential lots on 2.876 acres, generally located south of Alanis Drive and approximately 393 feet west of Ballard Avenue. (R. 011ie, Planning Director) H. Consider, and act upon, approval of an Impact Fee Agreement between the City of Wylie and PM Wylie MOB, LP. (S. Satterwhite, Executive Director WEDC) Council Action A motion was made by Councilwoman Spillyards, seconded by Councilwoman Culver to approve the consent agenda as presented. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. REGULAR AGENDA General Business 1. Consider, and act upon, the appointment of a 2012 Board and Commissions City Council Interview Panel to conduct the May/June 2012 board applicant interviews. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that each year the City Secretary's Office solicits and compiles applications from Wylie residents wishing to serve on various Wylie Boards and Commissions. These applications are received through the year until the later part of May of each calendar year. Additionally, in May/June of each year, the applications are compiled into appointment timeframes to allow the three council member panel time to interview each applicant and subsequently choose a list of applicants to recommend to the full council to serve two year terms on the various boards. The terms are staggered so each year approximately half of the members serving on each board and commission are appointed. Ehrlich reported the scheduled dates for the interview panel to speak to the applicants was May 29th, 30th and, June 6th. The interviews would begin at 5:30 p.m. each evening. Councilman Goss indicated that he Minutes May 22, 2012 Wylie City Council Page 5 thought that newly elected councilmember Nathan Scott should serve on the interview panel if available. Council member Scott agreed to serve if appointed. Councilman Goss stated that he to would be willing to serve. Councilman Jones stated he would volunteer to serve as well. Council Action A motion was made by Councilwoman Culver, seconded by Councilwoman Spillyards to appoint Councilman Bennie Jones, Councilman Nathan Scott, and Councilman David Goss to the 2012 Boards and Commission Interview Panel. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. 2. Consider, and act upon, approval of Resolution 2012-18(R) authorizing the City Manager to execute a contract with Kimley-Horn and Associates, Inc. for the design of the Woodbridge Parkway reconstruction from Hensley Lane to the Maxwell Creek Bridge. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that the extension of Woodbridge Parkway from Hooper Road to State Highway 78 in Sachse will connect FM 544 to SH 78 and will promote economic benefits for both cities and improve mobility for southeast Collin County. The design of the Maxwell Creek Bridge is essentially complete and was partially funded in the 2003 Collin County Bond Program. The portion of Woodbridge Parkway from Hensley Lane to the bridge has not been designed and is necessary for the completion of the connection. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Goss to adopt Resolution No. 2012-18(R) authorizing the City Manager to execute a contract with Kimley-Horn and Associates, Inc. for the design of the Woodbridge Parkway reconstruction from Hensley Lane to the Maxwell Creek Bridge. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No. 2012-17 into the official record. APPOINTMENT OF MAYOR PRO TEM • Consider, and act upon, appointment of the Mayor Pro Tern for a one year term beginning May 2012 and ending May 2013. Councilman White recalled consideration of the appointment of a mayor pro tern for a one year period. He asked for further discussion regarding the appointment. Councilman Goss asked if each council member could voice their reasoning for not wanting to appoint a mayor pro tern tonight. He noted that it was very disconcerting to be unable to come , to a majority vote without tabling the item for the return of the mayor. Councilman White explained that he was not going to poll the council, and noted that he had made his opinion Minutes May 22, 2012 Wylie City Council Page 6 known earlier in regard to wanting a full seated council to appoint the next mayor pro tern. Councilman White asked again for further discussion. Councilman Jones stated that with respect to the mayor and Councilman White he didn't understand why the decision could not be made tonight as council was elected to do. Councilwoman Culver concurred that there were six council members present who were capable of making the decision. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to appoint Councilwoman Spillyards as Mayor Pro Tem for a one year term beginning May 2012 and ending May 2013. A vote was taken and the motion passed 4-2 with Councilwoman Culver, Councilman Goss, Councilman Jones, and Councilwoman Spillyards voting for and Councilman Scott and Councilman White voting against. Mayor Pro Tern Kathy Spillyards presided over the remainder of the meeting. Mayor Pro Tern Spillyards asked for a motion to adjourn ADJOURNMENT A motion was made by Councilman Goss, seconded by Councilman Jones to adjourn the meeting at 6:55 p.m. A vote was taken and the motion passed 6-0 with Mayor Hogue absent. Eric Hogue, May ATTEST: -41, OF fink- voloi r40,\ 4 Carol Ehrlich, City etary lc imoiroo. •1887. -44ft O!T 1 i. Minutes May 22, 2012 Wylie City Council Page 7 4 Carole Ehrlich From: Eric Hogue Sent: Friday, May 18, 2012 11:03 PM To: Council Cc: Mindy Manson; Carole Ehrlich;Jeff Butters; nathan@nathanscott4wylie.com Subject: May 22, 2012 Council Meeting Council, As Mindy explained in her email earlier today, I will be out of town attending the the International Conference of Shopping Centers annual conference. Sam has set up a number of great meetings for us. Since I will not be at the council meeting and since Red will be stepping down, I need to appoint one of you to chair the meeting. Pursuant to Rule 2 of Resolution No. 2003-20(R), I am appointing Rick White to preside over the meeting after the canvass and oaths of office are completed. I am following the tradition of appointing the longest serving member of the city council to chair part or the remainder of the meeting when the Mayor and the Mayor pro tern are not available. I hope you have a good meeting Tuesday night, and support Rick during his brief tenure as "mayor" I will see you when I get back. Eric i