04-22-2008 (City Council) Minutes Wylie City Council
CITY OF WYLIE
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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.
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Wylie City Council
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• 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
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Wylie City Council
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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
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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
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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
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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
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Wylie City Council
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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.
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Minutes—April 22, 2008
Wylie City Council
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