01-13-2015 (City Council) Minutes Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, January 13, 2015—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 Secretary Carole Ehrlich took
roll call with the following City Council members present: Mayor Eric Hogue, Mayor pro tern
Keith Stephens, Councilman Nathan Scott, Councilman Bennie Jones, Councilman David Dahl,
Councilman Todd Wintters, and Councilman William Whitney III.
Staff present were: City Manager, Mindy Manson; Fire Chief, Brent Parker; Planning Director,
Renae' 011ie; Chris Hoisted, City Engineer; Finance Director, Linda Bantz; Mike Sferra, Public
Services Director; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly; and
various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Councilman Wintters gave the invocation and Wylie Chamber of Commerce Executive Director
Mike Agnew led the Pledge of Allegiance.
PRESENTATIONS
• Presentation by the Wylie Baseball Softball Association to donate $25,000 to the City of
Wylie to assist in purchasing new bleacher covers for Community Park.
Lance Wallace, Wylie Youth Baseball Association President, presented a check for $25,000
from the Wyllie Youth Baseball Association to contribute to the new bleachers/covers for
Community Park. Members of WYBA present included: Kevin Stewart, Sara LaBarba, and Matt
Willis. Parks and Recreation Superintendent Robert Diaz also attended the presentation.
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.
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Wylie City Council
Page 1
No citizens were 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 December 9, 2014 Regular Meeting
of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and place on file, the City of Wylie Monthly Investment Report for November 30,
2014. (L. Bantz, Finance Director)
C. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for
November 30,2014. (L. Bantz, Finance Director)
D. Consider, and act upon, an approval of a Final Plat for Bozman Farm Estates Phase 4,
establishing 55 single family residential lots and one open space lot on 15.672 acres to create
Bozman Farms Phase 4, generally located east south of Stone Road near Wildflower Lane.
(R. 011ie, Planning and Zoning Director)
E. Consider,and act upon,Ordinance No.2015-01, abandoning that northern portion of Right-
of-Way described as a 70 ft. R.O.W. of Third Street consisting of 8,606 square feet.
Generally located north of Oak Street and South of S.H. 78. (R. 011ie, Planning and Zoning
Director)
F. Consider, and act upon, Ordinance No. 2015-02, amending Planned Development 2006-55
(PD-2006-55) , Section IV Specific Regulations to allow no more than 2 garage doors to face
the street, and that all 2:2 or 3:2 configurations must be architectural upgraded doors with
decorative hardware; generally located west of F.M. 544,south of Alanis Drive. ZC 2014-11
(R. 011ie, Planning and Zoning Director)
G. Consider,and act upon,Ordinance No.2015-03,amending Planned Development 2005-24
(PD-2005-24)Braddock Place IV,Section IV Specific Regulations to allow no more than a
two car garage door(s)to face the street on lots less than 12,000 s.f.; and that all 2:2 or 3:2
configurations must be architectural upgraded doors with decorative hardware; generally
located south of Elm Drive and west of FM 544. ZC 2014-12 (R. 011ie, Planning and Zoning
Director)
H. Consider, and act upon, Ordinance No. 2015-04 of the City of Wylie, amending Ordinance
No. 2014-30 (2014-2015 Budget) and approving an appropriation of funds in the amount of
$75,000.00 from the Park Acquisition and Improvement Fund for the purchase of bleachers
and bleacher covers and deposit of $25,000.00 of revenues into the Park Acquisition and
Improvement Fund as a donation from the Wylie Baseball Softball Association; providing
for a repealing, savings and severability clauses, and providing for an effective date of this
Ordinance. (M. Sferra, Public Services Director)
I. Consider,and act upon,rescinding the award of Bid#W2014-56-B Industrial Court Sanitary
Sewer Line to Horseshoe Construction Inc. in the amount of $117,265.00. (G. Hayes,
Purchasing)
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Wylie City Council
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J. Consider,and act upon, the approval of Resolution No.2015-02(R)of the City Council of the
City of Wylie, Texas, hereby authorizing the City Manager of the City of Wylie, Texas, to
enter into an Interlocal cooperative purchasing agreement between the National Joint
Powers Alliance® (NJPA) and the City of Wylie for the use of the NJPA contracts. (G.
Hayes, Purchasing)
K. Consider, and act upon, the approval of the purchase of roadway and bridge maintenance
services from Collin County, Texas, through the use of Resolution No. 2014-23(R) dated
September 9, 2014, in the estimated annual amount of$150,000; and authorizing the City
Manager to execute any necessary documents. (G. Hayes, Purchasing)
L. Consider,and act upon,the approval of the purchase of various vehicles and tire installation
services from Goodyear Tire,NTB,Thomason Tire,Southern Tire Mart and Graham Truck
Centers in the estimated annual amount of $52,000.00 through a cooperative purchasing
contract with the Collin County Governmental Purchasing Forum bid # 2015-10-15, and
authorizing the City Manager to execute any necessary documents. (G. Hayes, Purchasing)
M. Consider, and act upon, Resolution No. 2015-03(R) requesting the 84th Texas State
Legislature to maximize the use of revenue from the sporting goods sales tax to support local
grant opportunities and state park operations; and that all Texas Recreation and Parks
Account funded projects be subject to the established Texas Parks and Wildlife Department
competitive scoring system. (R. Diaz, Parks and Recreation Superintendent)
N. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie
Economic Development Corporation as of November 30, 2014. (S. Satterwhite, WEDC
Director)
O. Consider,and act upon,Ordinance No.2015-05 of the City of Wylie repealing Ordinance No.
2005-76 (Clean Fleet Vehicle Policy); adopting a new Clean Fleet Policy; providing for
repealing, savings and severability clauses; and providing for an effective date of this
ordinance. (M. Sferra, Public Services Director)
P. Consider, and act upon, Ordinance No. 2015-06 of the City of Wylie, amending Ordinance
No. 2014-30 (2014-2015 Budget) and approving an appropriation of funds in the amount of
$2,500 for the Municipal Court Technology Fund for the purpose of funding the additional
costs associated with purchasing a new sound system for the courtroom; providing for
repealing, savings and severability clauses; and providing for an effective date of this
ordinance. (R.Arp, Budget Officer)
Council Action
A motion was made by Councilman Scott, seconded by Councilman Wintters to approve Items
A, B, C, D, E, F, G, H, I, K, L, N, and P as presented and remove Items J, M, and 0 for
individual discussion. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
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Wylie City Council
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J. Consider,and act upon,the approval of Resolution No.2015-02(R) of the City Council of the
City of Wylie, Texas, hereby authorizing the City Manager of the City of Wylie, Texas, to
enter into an Interlocal cooperative purchasing agreement between the National Joint
Powers Alliance® (NJPA) and the City of Wylie for the use of the NJPA contracts. (G.
Hayes, Purchasing)
Council Discussion
Mayor Hogue asked Purchasing Manager Glenna Hayes to explain the resolution. Hayes reported the
City is allowed, by statute, to purchase using existing contracts. Those contracts can be State contracts
and other cooperative contracts. This particular request for the National Joint Powers Alliance supports
baseball groups and will be used to purchase the bleachers/covers for the Community Park fields. This
group had a better contract than others available to the City.
M. Consider, and act upon, Resolution No. 2015-03(R) requesting the 84th Texas State
Legislature to maximize the use of revenue from the sporting goods sales tax to support
local grant opportunities and state park operations; and that all Texas Recreation and
Parks Account funded projects be subject to the established Texas Parks and Wildlife
Department competitive scoring system. (R. Diaz, Parks and Recreation Superintendent)
Council Discussion
Mayor Hogue asked Parks and Recreation Superintendent Robert Diaz to explain the item. Diaz reported
that he was involved with regional Parks and Recreation Departments. He explained that the
representative from The Colony had requested councils adopt a resolution supporting the use of State
revenue set aside for Texas Recreation and Parks Grants for that purpose and not redistribute to other
State needs.
O. Consider, and act upon, Ordinance No. 2015-05 of the City of Wylie repealing Ordinance
No. 2005-76 (Clean Fleet Vehicle Policy); adopting a new Clean Fleet Policy; providing for
repealing, savings and severability clauses; and providing for an effective date of this
ordinance. (M. Sferra, Public Services Director)
Council Discussion
Mayor Hogue asked Public Services Director Mike Sferra to explain the item. Sferra explained that the
item was about air quality locally and in the region. The City joined the Clean Fleet Vehicle Program with
the Council of Governments back in 2005. Since that time the program has been revised. This item is to
update the City program to reflect those changes. With the adoption of this revised policy, the City will be
able to compete for funding available through COG to replace fleet vehicles.
Council Action
A motion was made by Councilman Wintters, seconded by Councilman Scott to approve
Consent Items J, M, and 0 as presented. A vote was taken and the motion passed 7-0.
Tabled Items#1 and#2 from October 28,2014
Motion to remove from the table and consider and act upon:
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Council Action
A motion was made by Mayor pro tern Stephens, seconded by Councilman Jones to remove
Items# 1 and#2 from the table and consider. A vote was taken and the motion passed 7-0.
1. Continue a Public Hearing and consider, and act upon, amending regulations to Zoning
Ordinance No. 2009-24, Article 6, Section 6.3 as it relates to district boundaries within the
Downtown Historic District(ZC 2014-06). (R. 011ie, Planning and Zoning Director)
Staff Comments
Planning Director Renae 011ie addressed Council stating that the City Council has declared as a matter of
ordinance that the preservation, protection, and use of landmarks and historic districts is a public
necessity because they have a special character or a special historic, architectural, aesthetic, or cultural
interest and value and thus serve as visible reminders of the history and heritage of the City of Wylie.
The proposed amendments would extend the boundaries of the current Downtown Historic District to the
west along Cottonbelt from Elliot to Brown, including properties north of Brown Street on Keefer.
011ie explained additionally on the current agenda are proposed text amendments in an effort to establish
clearer and concise design standards for new and renovated structures as well as modifications to the
sign section of the ordinance.
011ie reported, at its November 13, 2014 meeting, the Historic Review Commission considered revisions
to the current Downtown Historic Ordinance to expand the boundaries of the Downtown Historic District to
include properties west of the railroad. The boundaries would encompass properties along Cottonbelt
from Elliot to Brown, including properties north of Brown Street on Keefer, and would rezone those
properties from Single-Family 10/24 (SF-10/24) to Downtown Historic District (DTH). Citizen comments
were received and primarily related to commercial uses along Cottonbelt. Most citizens were in favor of
extending the boundaries, but did not want to see commercial uses mingled in with the residential uses in
the proposed expanded areas. Other discussions focused on existing residential structures that did not
conform to current DTH standards. Staff discussed non-conforming structures and how they are defined
in Section 9.2 of the Zoning Ordinance. 011ie explained a non-conforming structure may continue, but
may not be enlarged, altered or repaired except in conformity with the regulations of Article 9. In addition,
infill regulations would be an option for some properties that are non-contributing.
011ie reported the Historic Review Commission voted 5-0 to recommend approval of expanding the
boundaries, with the stipulation that those lots included in the proposed expanded area are limited to
residential uses only.
011ie reported the P&Z Commission discussed at length the inclusion of those properties to the west of
the railroad, and felt most of those properties do not have historic value worthy of preservation. Because
the area consists primarily of homes built after the 1960's it was their decision that this would be trying to
force regulations onto non-historic properties. It was the consensus of the Commission to deny the
recommendation of the Historic Review Commission. The Commission voted 5-0 to recommend denial of
the expansion.
Per Section 8.6.E.2 of the Zoning Ordinance, when a proposed zoning request is heard by the Council
that has been denied by the Planning Commission, a three-fourths majority vote by the Council shall be
required to modify the recommendation of the Commission.
Council Discussion
Mayor Hogue asked why Items 1 & 2 were separate and whether they could be combined. Planning
Director 011ie explained that the first item on the agenda is to extend the boundaries of the Downtown
Historic District which is a zoning issue. This portion comes to Council with a recommended denial from
Minutes January 13, 2015
Wylie City Council
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the Planning and Zoning Commission and would require a "super majority" to approve. The second item
on the agenda is a text change to the district and comes with a recommendation of approval from both
the Historic Review Commission and the Planning and Zoning Commission, thus they must remain
separate.
Mayor Hogue asked 011ie what constitutes a historic house. 011ie replied the difference was in non-
contributing, which is a house that is less than 50 years old; there are homes in the purposed area that
were constructed less than 50 years old and are constructed of brick. The contributing structure would be
homes built over 50 years ago or that have a historic character. These homes may not be recognized by
the State or National Registry but are significant to Wylie.
Mayor Hogue asked 011ie if he owned a home in this proposed district and wanted to make changes to
the home would he be able to do so. 011ie replied that the homes are grandfathered into the new
regulations back to the time it was built; thus it would not have to conform to the new standards. However
if the home was destroyed by fire or act of God and over 75% of its value was needed to rebuild, then it
would be required to be built to the current standards. 011ie noted this is not just required for this
proposed district but any home in Wylie per the zoning ordinance.
Mayor pro tem Stephens asked 011ie what regulations a new home built in the proposed district would fall
under. 011ie replied that the owner could build according to the current zoning standards or build to the
Historic District zoning designs. Mayor pro tern Stephens replied the new owner would get the best of
both worlds.
Mayor Hogue reminded the Council that to approve the amendments, it would take a super majority vote
(6 of 7 members)due to the recommendation of denial from the Planning and Zoning Commission.
Public Hearing
Mayor Hogue continued the public hearing at 6:38 p.m. asking anyone present wishing to
address Council to come forward.
Several citizens and members of the Historic Review Board were present to address Council, all
in favor of approving the amended boundaries.
Mayor Hogue closed the public hearing on Item#1 at 6:50 p.m.
Council Action
A motion was made by Mayor pro tem Stephens, seconded by Councilman Jones
to approve amending regulations to Zoning Ordinance No. 2009-24, Article 6, Section 6.3 as it
relates to district boundaries within the Downtown Historic District (ZC 2014-06). A vote was
taken and the motion passed 7-0.
2. Continue a Public Hearing and consider, and act upon, amending regulations to Zoning
Ordinance No. 2009-24, Article 6, Section 6.3 as it relates to design standards within the
Downtown Historic District(ZC 2014-06). (R. 011ie, Planning and Zoning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the City Council has declared as a matter of
ordinance that the preservation, protection, and use of landmarks and historic districts is a public
necessity because they have a special character or a special historic, architectural, aesthetic, or cultural
interest and value and thus serve as visible reminders of the history and heritage of the City of Wylie.
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Wylie City Council
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011ie explained that primary changes include enlarging the total maximum allowable area from 64 sq.ft. to
70 sq. ft. for a single tenant space and not to exceed 100 sq. ft. for a multi-tenant building. Over the past
few years several variance request have been approved by the Zoning Board of Adjustment as well as by
the Construction Code Board to grant a variance relating to sign size. A majority of those requested dealt
with the overall wall length in regards to the allowable sign dimensions. It was staffs opinion and
ultimately approved by the Boards that there needed to be some flexibility when larger facades were
being considered. The draft also provides clearer definitions for awning and canopy signs and better
defining the difference between the two. A canopy sign is supported by the building and/or by ground
supports. An awning is solely supported by the exterior wall of the building.
A new section has been incorporated into the ordinance to regulate area, material and placement of
Specialty Signs, such as banners and incidental signs. This section would regulate the placement of
special event banners within or across public right-of-ways. In addition, A-Frame, and incidental type
signs are defined and allowed within the DTH. The purpose of these amendments is to eliminate clutter,
while at the same time allowing for some flexibility and conformity within the downtown district.
011ie explained that with the passing of Item #1, strike-outs in Sections B.1 and D.e in the proposed
ordinance need to be included in the motion if Council considers approval of the proposed design
standards.
Public Hearing
Mayor Hogue continued the public hearing at 7:01 p.m. asking anyone present wishing to
address Council to come forward.
Bob Heath spoke in favor of the changes.
Mayor Hogue closed the public hearing on Item #2 at 7:03 p.m.
Council Action
A motion was made by Mayor pro tem Stephens, seconded by Councilman Scott to approve
amending regulations to Zoning Ordinance No. 2009-24, Article 6, Section 6.3 as it relates to
design standards within the Downtown Historic District and inclusion of strike outs in Sections
B.1 and D.e based on approval of Item #1. (ZC 2014-06). A vote was taken and the motion
passed 7-0.
3. Hold a Public Hearing and consider, and act upon, a Replat for Premier Industrial Park
North, Lot 3A-1R for the development of a warehouse/distribution center generally located
north of Hensley Lane and approximately 852 feet west of Sanden Boulevard (911 Hensley
Lane). (R. 011ie, Planning and Zoning Director)
Staff Comments
Planning Director 011ie addressed Council stating that the vacant property totals 3.21 acres. The property
is zoned Light Industrial (LI) District. The applicant is EXCO Extruders and property is owned by WEDC.
The applicant plans to construct a 30,000 square foot two story office/warehouse distribution facility along
with light manufacturing functions.
The Planning and Zoning Commission does recommend approval of this item.
Minutes January 13, 2015
Wylie City Council
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Public Hearing
Mayor Hogue opened the public hearing at 7:06 p.m. asking anyone present wishing to address
Council to come forward.
No one was present wishing to address Council on this item.
Mayor Hogue closed the public hearing on Item#3 at 7:06 p.m.
Council Action
A motion was made by Councilman Dahl, seconded by Mayor pro tern Stephens to approve a
Replat for Premier Industrial Park North, Lot 3A-1 R for the development of a
warehouse/distribution center generally located north of Hensley Lane and approximately 852 ft.
west of Sanden Boulevard (911 Hensley Lane). A vote was taken and the motion passed 7-0.
4. Consider, and act upon, Resolution No. 2015-01(R) establishing a public newspaper of
general circulation to be the "Official Newspaper" for the City of Wylie. (C. Ehrlich, City
Secretary)
Mayor Hogue reported Councilman Whitney would be abstaining from discussion and vote on this
item due to a Conflict of Interest.
Staff Comments
City Secretary Carole Ehrlich addressed Council stating that the Texas Local Government Code, §52.004
states that at the beginning of each fiscal year, municipalities must designate an official newspaper. This
must be done as soon as practicable. The municipality shall contract with the newspaper designated by
ordinance or resolution.
There are two requirements that must be met for a newspaper to meet the statutory requirements as a
newspaper of general circulation. (a) Designating Official Newspaper. The publication must be a
newspaper as defined by§2051.044, Government Code. The section defines the term newspaper as:
§2051.044, (a)
1. Any newspaper devoting not less than 255 of its total column lineage to the caring of items of
general interest.
2. Published not less frequently than once each week.
3. Entered as second class postal matter in the county where published; and
4. Have been published regularly and continuously not less than twelve(12) months prior to the making
of any publication.
Ehrlich reported that both the Dallas Morning News-NeighborsGo and the Wylie News conform to the
requirements of Government Code 2051.044.
Council Discussion
Mayor Hogue asked Ehrlich why the item had not been placed on the Consent Agenda. Ehrlich replied,
the costs received from the newspapers in question had changed from the previous year; therefore, it was
placed on the regular agenda so Council could discuss and ask questions regarding the item. Mayor
Hogue reported for the same ordinance caption the Wylie News was quoting $138.24 and the DMN-
NeighborsGo quoted $66.80. He noted the large difference in cost.
Minutes January 13, 2015
Wylie City Council
Page 8
Mayor Hogue stated that he had received an e-mail stating that the City could not contract with DMN-
NeighborsGo because NeighborsGo did not hold a second class postal permit. Mayor Hogue stated that
Council had received a verification letter from the DMN-NeighborsGo stating that the permit held by the
Dallas Morning News was compliant with all editions of the NeighborsGo as a part of the DMN permit. He
reported that he had also received an opinion from the City Attorney stating that both papers meet the
requirements of the official newspaper.
Mayor Hogue asked why there was such a price difference between the DMN-NeighborsGo and the
Wylie News. Ehrlich reported the DMN-NeighborsGo had honored the pricing from the previous year;
however, the Wylie News had increased their pricing. Mayor Hogue asked what constitutes publication.
Ehrlich reported publication means where the papers are delivered or distributed, not where they are
printed. In both cases the papers are delivered to Wylie subscribers.
Council Action
A motion was made by Councilman Wintters, seconded by Councilman Scott to establish the
Wylie News as the"Official Newspaper"for the City of Wylie for 2015. A vote was taken and the
motion passed 6-0-1 with Mayor Hogue, Mayor pro tern Stephens, Councilman Scott,
Councilman Wintters, Councilman Jones, and Councilman Dahl voting for and none against with
Councilman Whitney abstaining. (Form on file)
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 captions to Ordinance No.'s 2015-01, 2015-02, 2015-03, 2015-
04, 2015-05, and 2015-06 into the official record.
WORK SESSION
• Hold a Work Session to discuss potential redevelopment of an existing Manufactured
Home Park(Wylie Butane Mobile Home Park)to a mixed use(commercial& multi-
family)development,generally located east of S.H.78 and south of F.M.544. (R. 011ie,
Planning and Zoning Director)
John Palmer with Gardner Capital presented to Council a proposal to redevelop 12.30 acres for
Multi-Family and retail uses. The site currently houses approximately 100 mobile home units.
The presentation showcased 132 units, including affordable and market rate multi-family
dwellings. Unit features include 1, 2, & 3 bedrooms. Mr. Palmer briefly discussed the funding
mechanism being proposed for the development and stated that they would be seeking tax
credits through TDHCA. He further discussed the timeline for submission of the application to
the State. The full application is due February 2015, with award notification in July 2015.
Council had concerns regarding the relocation of the existing residents of the Collins Mobile
Home Park. Mr. Palmer stated that he would be visiting with the residents and working on a
relocation plan and that it is feasible to say that some of the current residents would become
residents of the new development. The developer will seek a resolution of support from the
Council at its next meeting. The City Manager will get additional information from the City's
Financial Advisor regarding the "Conduit Loan" funding mechanism and report back to the
Council.
Minutes January 13, 2015
Wylie City Council
Page 9
RECONVENE INTO REGULAR SESSION
Mayor Hogue reconvened into Regular Session at 8:23 p.m.
Mayor Hogue recessed into Executive Session at 8:43 p.m. reading the section below.
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
§§Sec. 551.074.PERSONNEL MATTERS; CLOSED MEETING.
This chapter does not require a governmental body to conduct an open meeting:
(l) to deliberate the appointment,employment,evaluation,reassignment,duties,discipline,or dismissal of a public
officer or employee; or
(2) to hear a complaint or charge against an officer or employee.
(b) Subsection (a) does not apply if the officer or employee who is the subject of the deliberation or hearing
requests a public hearing.
• Deliberation of settlement of dismissal of a police officer
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
Mayor Hogue reconvened into Open Session at 9:11 p.m.
5. Consider,and act upon,Settlement Agreement and Release between the City of Wylie,
Texas,and Ismael Wilfredo Hernandez and authorize the City Manager to execute the
same.
There was no action taken as a result of Executive Session.
ADJOURNMENT
A motion was made by Councilman Scott seconded by Councilman Jones to adjourn the
meeting at 9:13 p.m. A vote was taken and the motion passed 7-0.
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