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04-22-2008 (City Council) Minutes Wylie City Council CITY OF WYLIE ir Minutes Wylie City Council Tuesday, April 22, 2008 -6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tem Byboth, Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Rick White, and Councilman Carter Porter. Councilman Merrill Young was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Fire Chief, Randy Corbin; Police Chief, John Duscio; Planning Director, Renae' 011ie; Building Inspections Interim Director Charles Lee, City Engineer, Chris Hoisted; Purchasing Manager, Jim Holcomb; Human Resources Manager, Lynn Fagerstrom; Construction Manager, Shane Colley; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Mayor Pro Tern Byboth gave the invocation and Boy Scout Pack 301 which consisted of Wolf Pack, Bear Pack and Scouts, led the Pledge of Allegiance. Those in attendance were: Austin Riffe, Joseph Eppler, Isaac Moreno, Lucus Eppler, Eric Balser, Zak Erman, Michael Spaulding, Paxton Wakemon, Joshua Hicks, Jacob Krieger, Ryan LeMonds, and Jordan Gonzales. PRESENTATIONS • Recognition of Employees celebrating 20 and 25 years of service to the City of Wylie (J. Mondy, Mayor) Mayor Mondy presented longevity certificates to City of Wylie employees. Present to receive their longevity certificates were: Lisa Price, Planning Technician —20 years Jim Holcomb, Purchasing Manager—20 years Prudence Kling, Accountant—25 years Brenda Martin, PK-9 Officer—20 years, was unable to attend. Minutes—April 22, 2008 Wylie City Council Page 1 • Proclamation of"Helmet Safety" Week (J. Mondy, Mayor) Mayor Mondy recognized April 21, 2008 through April 27, 2008 as "Helmet Safety Awareness Week" on behalf of the Dedicate Your Life to Awareness Now (D.Y.L.A.N.) movement and the Texas Medical Association Foundation's Hard Hat for Little Heads Program. The two organizations had joined together in urging all citizens to promote, practice and dedicate their lives to helmet safety awareness, creating a safer tomorrow. Brian Meheut representing D.Y.L.A.N. was present to accept the proclamation. City Manager Manson reported that the Public Safety (Police/Fire) had planned to be in attendance tonight to show their support, but are working an incident. They send their regrets and want the organization to know that they plan to provide helmets for the organizations distribution. Mayor Pro Tem Byboth suggested that the City reschedule this presentation and that Mr. Meheut come back at a later date when there is not an unfortunate incident taking place. • Proclamation recognizing recipients of the Girl Scout Gold Award (J. Mondy, Mayor) Mayor Mondy recognized Mayra Gonzalez, Kayla Doty, and Amber Meeks for achieving the "Girl Scout Gold Award", the highest level of achievement in Girl Scouting. Amber Meeks reported that it had taken her over 3 years to achieve the requirements needed for this award. Mayor Mondy reported that all three recipients will be honored at the Annual Girl Scout Banquet scheduled for May 30, 2008. The recipients will also be recognized at the Texas State Capitol. 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. Antonette Davenport residing at 926 Silver Sage Drive, Wylie Texas addressed Council stating that she resided in Creek Hollow and was concerned that the ice cream vendor was selling pellet guns to children in the neighborhood. She asked if this issue could be addressed. She reported that she had contacted the Wylie Police Department. Mayor Mondy asked staff to contact Ms. Davenport and look into the issue. 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 from the April 8, 2008 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2008-22 amending the zoning from Agriculture District (AG/30) to Planned Development-Agriculture District (PD- AG/30), generally located west of FM 1378 (Country Club Road) and south of FM 2514 (Parker Road). ZC2008-03 (R. 011ie, Planning Director) C. Consider, and act upon, authorizing the Mayor to execute a Cooperative Agreement, in an amount not to exceed $49,982.49, between the City of Wylie and Minutes—April 22, 2008 Wylie City Council Page 2 the U. S. Army Corps of Engineers for additional Law Enforcement Services at Lake Lavon for the term of May 18, 2008 through September 6, 2008. (J.. Duscio, Police Chief) D. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Reports for the period ending March 31,2008. (L. Williamson, Finance Director) Council Action A motion was made by Councilman Porter seconded by Mayor Pro Tem Byboth to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Young absent. REGULAR AGENDA General Business 1. Consider, and act upon, acceptance of the Comprehensive Annual Finance Report (CAFR). (L. Williamson, Finance Director) Staff Comments Finance Director Williamson addressed Council stating that the City Charter in Article VII, Municipal Finance, Section 13: Independent Audit, requires that at the end of the fiscal year an independent audit be made of all accounts of the City by a certified public accountant. In compliance with the City Charter, our outside auditor Rutledge Crain & Company, PC, has performed an audit as of September 30, 2007. This is the fifth year for the audit to be performed by Rutledge Crain & Company, PC. Finance Director Williamson stated that he was very pleased to report that the auditor's management letter showed no material violations at all. He reported that in years past, since the City has required CAFR's and subsequent management reports, this is the first year that the auditor's management letter showed zero violations or material issues. He thanked his staff in the accounting department (Melissa Beard, Karla Stovall, and Prudence Kling) for their diligence and City Council for supplying the resources to achieve this level of accuracy. Mr. Williamson explained that Mr. Lewis Crain was on his way and tied up in traffic; he would address Council and answer any question, once he arrived. Auditor Comments Lewis Crain representing Rutledge Crain & Company, PC, arrived at 7:30 p.m. He reported that there were no material issues noted in this year's audit. He commented that this year was a much easier audit and material issues from the past had all been addressed, and addressed very well. He complimented the Finance Department for a great job in correcting all material concerns from the past. He also thanked the Wylie City Council for providing and support and staffing to provide the excellent work performed this year. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to accept the Comprehensive Annual Finance Report (CAFR) for FY 2006-2007. A vote was taken and passed 6-0 with Councilman Young absent. Minutes—April 22, 2008 Wylie City Council Page 3 2. Consider, and act upon, authorizing the City Manager to enter into a Professional Services contract with Shaw Environmental, Inc. for Environmental Services related to the un-permitted landfill site located at 800 West Kirby, site of the former City of Wylie Service Center. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating that the City of Wylie operated an un-permitted municipal solid waste (MSW) landfill northwest of the intersection of Highway 78 and Highway 544 (also known as Kirby Street) in the 1950s and early 1960s. A portion of the MSW was previously removed and replaced with compacted select fill to allow construction of a railroad line across the property by the Kansas City Southern Railway Company (KCS). Over the past several years, Shaw Environmental, Inc. has performed work for the City to evaluate the environmental condition of the site and to coordinate with the Texas Commission on Environmental Quality (TCEQ) to bring the site to regulatory closure under the Commission's Voluntary Cleanup Program (VCP). Mr. Sferra reported that TCEQ had notified the City that they were prepared to issue a Conditional Certificate of Completion (CCOC) upon submittal of requested documentation, plugging and abandoning the existing monitoring wells, and agreeing to perform annual cap inspections for five years. He noted that funding for the annual cap inspections over the next five years will be requested as part of future annual budgets. The City Attorney's office has reviewed the proposal documents. Mr. Sferra explained that the project has been an on-going process in an effort to bring the site to regulatory closure and to eventually transfer the property to KCS Railway Company as per previous agreements between the City of Wylie and KCS. Council Action A motion was made by Councilman White, seconded by Councilman Porter to authorize the City Manager to enter into a Professional Services contract with Shaw Environmental, Inc. for Environmental Services related to the un-permitted landfill site located at 800 West Kirby, site of the former City of Wylie Service Center. A vote was taken and passed 6-0 with Councilman Young absent. 3. Consider, and act upon, Resolution No. 2008-12(R) authorizing the City Manager to execute two Interlocal Agreements with the North Central Texas Council of Governments for implementation of the Solid Waste Implementation grant projects. (M. Sferra, Public Services Director) Staff Comments Public Services Director Sferra addressed Council stating on January 8, 2008, the City Council approved Resolution 2008-02(R) authorizing staff to submit two grant applications requesting project funding under the North Central Texas Council of Governments (NCTCOG) Request for Project Applications supporting the goals of the Regional Solid Waste Management Plan. Mr. Sferra stated that he was very happy to report that In March 2008, the NCTCOG notified the City of Wylie that both applications received funding provided by the Texas Commission on Environmental Quality. In order to proceed with the projects, an Interlocal Agreement between the City of Wylie and the NCTCOG must be executed. Mr. Sferra reported that the first project application received $119,000 in funding to support and expand the current Wylie Cleanup Greenup program. One of the Regional Solid Waste Management Plant's goals is to reduce the number of illegal dumpsites and expand clean-up events through public and private partnerships. He explained that this grant award will reimburse the City for costs associated with four cleanup events scheduled for May 5 — 10, 2008, October 2008, February 2009, and May 2009. In addition to the usual Cleanup Greenup activities, the project also includes the participation of the Public Services Department in cleaning up illegal dumpsites in conjunction with the scheduled cleanup events. Minutes—April 22, 2008 Wylie City Council Page 4 Council Discussion Mayor Mondy asked Mr. Sferra if some of the Homeowner's Associations were doing annual clean ups on their own. Mr. Sferra reported that the Creekside Estates subdivision was providing annual clean ups. Mr. Sferra reported that staff had been in contact with the Creekside Estates HOA and the City and HOA work together in the clean ups in those subdivisions. Council Action A motion was made by Councilman White, seconded by Councilman Porter to approve Resolution No. 2008-12(R) authorizing the City Manager to execute two Interlocal Agreements with the North Central Texas Council of Governments for implementation of the Solid Waster Implementation grant projects. A vote was taken and passed 6-0 with Councilman Young absent. 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 caption to Ordinance No. 2008-22 into the official record. Mayor Mondy convened into Executive Session at 6:35 p.m. citing the exception below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §551.071 Consultation with Attorney; Closed Meeting A governmental body may not conduct a private consultation with its attorney except: On a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter regarding legal issues relating to the expansion of and/or regulation of Wylie's extraterritorial jurisdiction. Mayor Mondv reconvened into Open Session at 7:37 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. No action was taken as a result of Executive Session PRESENTATION • Presentations by eGov and Tatum Consulting for professional services related to the City of Wylie Strategic Technology Master Plan. (J.. Butters, Assistant City Manager) Assistant City Manager Butters addressed Council stating that on February 12, 2008 the City of Wylie published a Request for Proposal for professional services to develop a Technology Master Plan. Bids were accepted from four consulting firms on March 12, 2008. He reported that the RFP had been created by IT Supervisor Shone Doville who had done a great job creating Minutes—April 22, 2008 Wylie City Council Page 5 the requests for proposals. He reported that the firms presenting tonight are the top two companies that were interviewed. Ernie Pages representing eGov addressed Council stating that eGov has been in business for over 17 years, working exclusively for government entities. He reported that current cities the company had provided services for included the City of Allen, City of Conroe and Dallas County. He explained that the company had no vendor ties regarding technology software. "We consider ourselves facilitators that bring in knowledge and steering to accomplish what you need as a City. We will research and use fact finding to include collaboration from all the stakeholders." He commented that the company was focused on making sure that the technology plan for the City was consistent with the concerns and desires of all City departments and was completed with initiatives that had collaboration from all departments and administration. He explained that the final City of Wylie Technology Plan would include a presentation of initiatives that would include costs and initiative priorities. The plan would be seamless from all departments and would be the City of Wylie's Technology Plan not eGov. He reported that there would be 308 total hours spent on the plan at a cost not to exceed $47,560. Jerry Byrd and Paul Pattersen representing Tatum Consulting gave a presentation regarding their proposal to perform the professional services to provide the City of Wylie Strategic Technology Master Plan. He reported that the company had been in business since 1990 and was located in Dallas. He reported that the company has worked for many Texas cities and most currently had worked for the City of Garland, City of Cleburne, and the City of Greenville. He explained that the methodology that would be used included: discovery, external information such as research and experience from similar engagements, validation and vision which included prioritization of key issues, and presentation to City Council and other key stakeholders. He commented that Tatum will not take on additional projects within the City until the proposed master plan phases were completed. He explained that the company would review current technology information systems and include those in the overall plan whenever possible. He reported there would be 186 hours spent on the plan at a cost not to exceed $57,098. REGULAR AGENDA 4. Consider, and act upon, the selection of the top and second ranked consulting firms and authorize the City Manager to negotiate a Professional Services Contract for the City of Wylie Strategic Technology Master Plan Development. (J. Butters, Assistant City Manager) Staff Comments Assistant City Manager Butters addressed Council stating that the Information Technology committee consisting of himself, Shone Doville, and Shaun Butterley interviewed three consulting firms and chose two to present to Council; Tatum and eGov. He reported that reference checks had also been completed for both companies with both receiving very high ratings. He reported that the committee would be pleased to work with either company to create the City of Wylie Strategic Technology Master Plan. Council Discussion Mayor Mondy asked Assistant City Manager Butters which company the committee recommended. City Manager Butters replied that he would give eGov as slight edge. He explained that Tatum had taken nine exceptions to the RFP. He stated that he did not believe any of the exceptions were items that could not Minutes—April 22, 2008 Wylie City Council Page 6 be overcome through negotiations but eGov took no exceptions which gives them a slight edge. He commented that Tatum is local but the proposed costs were also in eGov's favor. Council Action A motion was made by Councilman White, seconded by Councilman Goss to select eGov as the top ranked consulting firm and authorize the City Manager to negotiate a Professional Services Contract for the City of Wylie Strategic Technology Master Plan Development. A vote was taken and passed 6-0 with Councilman Young absent. ADJOURNMENT A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Goss to adjourn the meeting at 8:55 p.m. Consensus of Council was to adjourn. ````��it=iirrier�� John on y, Mayor ATTEST: .\`‘ O F �y • Ca le Ehrlich,(ity Secretary e TE�P`�.`�� Minutes—April 22, 2008 Wylie City Council Page 7