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03-14-2006 (City Council) Minutes Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, March 14, 2006-6:00 pm Wylie Municipal Complex- Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Rick White, Councilman Carter Porter, Councilman Earl Newsom, and Councilman Merrill Young. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Hoisted; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich; and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Harold Hembree, Pastor of the First Christian Church of Wylie gave the invocation and Councilman Porter led the Pledge of Allegiance. 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. Mr. Gary DeFrain, residing at 8235 Douglas #650, Dallas, Texas addressed Council requesting consideration of sanitary sewer service outside the City of Wylie city limits. He explained that the property is located in the City of Parker. He stated that he was in conversation with a builder who wished to build large lot homes in the quarter of a million to million dollar range but he basically was requesting that sewer service be provided to the proposed development. Mr. DeFrain explained that the sewer line would have to come from the north around the Creekside Estates to the 67 lots proposed for Parker Road. There would be no cost to the City of Wylie for the extension other than the maintenance which he described as simple. He was requesting direction from council to continue negotiations both with the City of Parker and Wylie staff. Mayor Mondy directed staff to place this item on an April agenda if Mr. DeFrain presented a change from the action item that was denied previously. Minutes- March 14, 2006 Wylie City Council Page 1 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. Approval of the Minutes from the February 28, 2006 Regular Meeting of the City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, a Final Plat for Creekside Addition, Phase 5, subject property generally located north of McMillen Road, east of McCreary Road and west of Lewis Drive. (M. Manson, Assistant City Manager) C. Consider, and act upon, Ordinance No. 2006-13 extending until July 31, 2006, or until the new Franchise becomes effective, the Franchise granted to ATMOS Energy Corporation, to own, operate, and maintain a gas distribution system in the City of Wylie. (M. Roath, City Manager) D. Consider, and act upon, Resolution No. 2006-09(R) amending Section IV (D), entitled Reporting of the City's Financial Management Policies. (L. Williamson, Finance Director) E. Consider, and act upon, Change Order No. 1 decreasing the Landmark Structures Contract by $21,740.00, for the Creekside Elevated Storage Tank. (C. Holsted, City Engineer) Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA Public Hearings 1. Conduct a Public Hearing, and act upon, continuing the Public Hearing to the March 28, 2006 Council meeting to act on a change in zoning from Agricultural (AG) District to Community Retail (CR) District for retail development, generally located at 400 Alanis Drive, being south of Alanis Drive and west of S. Ballard Avenue. ZC 2006-02 (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that this Agenda item was tabled to the March 7, 2006 Planning and Zoning meeting to afford time to re-notify all concerned with the correct legal description. Due to State law provisions, action is required at this meeting to open the public hearing, and then continue it to the March 28, 2006 Council meeting. Public Hearing Mayor Mondv opened the Public Hearing at 6:15 p.m. No one was present to address Council during the Public Hearing Minutes - March 14, 2006 Wylie City Council Page 2 Mayor Mondv closed the Public Hearing at 6:15 p.m. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to continue the Public Hearing until the March 28, 2006 meeting and thereafter to consider an ordinance to change the zoning from Agricultural (AG) District to Community Retail (CR) District for retail development, generally located at 400 Alanis Drive, being south of Alanis Drive and west of S. Ballard Avenue. (ZC 2006-02) A vote was taken and passed 7-0. 2. Conduct a Public Hearing, and act upon, Ordinance No. 2006-14 amending the zoning from Planned Development (PD 2002-52) to Planned Development with Special Use Permit to allow for a Day Care Facility, generally located at the northeast corner of Collins Boulevard and FM 544.(ZC 2006-03) (M. Manson, Assistant City Manager) Staff Comments Assistant City Manager Manson addressed Council stating that the applicant property is located at the northeast corner of Collins Boulevard and FM 544. The applicant request is to designate lots 1 and 2 of Block E as a Day Care site totaling 2.02 acres. The City's Zoning Ordinance, specifically Article 5, (Use Regulations), Section 5.2 (Listed Uses), requires that day care uses within single-family residential districts obtain a specific use permit. All property owners had been contacted and staff was recommending approval. Mayor Pro Tern Hogue asked Ms. Manson if the Planning and Zoning Commission had approved this item. Ms. Manson replied that they had approved. Public Hearing Mayor Mondv opened the Public Hearing at 6:18 p.m. Mr. Phil Clegg, residing at 1771 Internate Parkway, Richardson, Texas addressed Council as the applicant requesting a Special Use Permit to allow for a Day Care Facility. Councilman Newsom asked what capacity the daycare center would have. Mr. Clegg replied that a third party would construct the day care and it would be within the requirements of the zoning ordinance. Mayor Mondv closed the Public Hearing at 6:20 p.m. Council Action A motion was made by Councilman Young, seconded by Councilman Porter to approve Ordinance No. 2006-14 amending the zoning from Planned Development (PD 2002-52) to Planned Development with Special Use Permit to allow for a Day Care Facility, generally located at the northeast corner of Collins Boulevard and FM544. ZC 2006-03. A vote was taken and passed 7-0. 3. Conduct a Public Hearing, and act upon, Ordinance No. 2006-15 adopting Standards of Care for Youth Programs. (R. Diaz, Superintendent, Parks and Recreation) Staff Comments Assistant Supervisor to the Parks Department Diaz addressed Council stating that Texas Senate Bill 212, Section 42.041 (b)(14) requires the Governing Body of a municipality, who operates a recreation program(s) for youth, between the ages of five to thirteen, to adopt an ordinance setting forth the standards of care. This Ordinance, and attachments, satisfies the State requirement noted herein. Mr. Diaz explained that the Standard of Care Exhibit was the same as in years past and comply with all state legislation. Minutes- March 14, 2006 Wylie City Council Page 3 Public Hearing Mayor Mondv opened the Public Hearing at 6:21 p.m. No one was present to address Council during the Public Hearing. Mayor Mondv closed the Public Hearing at 6:21 p.m. Council Action A motion was made by Councilman Newsom, seconded by Councilman Porter to approve Ordinance No. 2006-15 adopting Standards of Care for Youth Programs. A vote was taken and passed 7-0. General Business 4. Consider presentation by Rutledge, Crain & Company, P.C., and act upon and place on file, the Comprehensive Annual Financial Report (CAFR). (L. Williamson, Finance Director) Staff Comments Mr. Lewis Crain representing the audit firm of Rutledge Crain and Company, P.C. addressed Council stating that Article VII, Section 13 of the City Charter requires an independent audit be performed by a certified public accountant. Mr. Crain, stated that it was a pleasure to address Council and explained that this year it was very important, due to the growth of the City, that management discussion and analysis take place and attention be given to compliance to the new laws regarding GASB 34. He stated that the comparison of the final budget to the expenditures showed that the city was able to spend $653,000 less than what had been budgeted. He commended both the Finance Department and City staff for their excellent estimates and expense controls utilized for the FY 2004-05 budget. He explained that the City did receive a clean opinion. He asked Council to look at the management letter attached to the audit and explained that he was required to show deficiencies which were outlined in the letter. He suggested that a number of items have controls put in place. He explained that the Finance Director who has only been in that position a short time had been putting some of these controls in place as the audit was being conducted. He stated that there were several serious items regarding WEDC that needed to be addressed. The most serious of these was the lack of minutes for open meetings. He explained that these were required by law and should be available to the public. He suggested that the City and WEDC work together for the economic good of the area. He asked Mr.Williamson to address these issues with WEDC in a formal manner to try and get some agreement between the City and WEDC to comply with state requirements. He stated that a formal memo had been sent to WEDC addressing the issues in question. In closing Mr. Crain stated that Wylie had a very good year. Council Discussion Mayor Mondy explained to Council that he, the City Manager, and the Finance Director met to discuss the management letter presented by the auditing firm and the follow up memorandum by the Finance Director. He explained that all the items. were addressed in length which resulted with a follow up telephone conference, both with the WEDC Board Chairman and Executive Director. He explained that all items were covered with these representatives and a follow up letter will be received from the WEDC Board and Executive Director responding to these issues. He stated that he had additionally sent a formal letter to the WEDC addressing the items in the management letter from the auditing firm. He said the letters were well received by WEDC and he felt all issues would be addressed. He explained that meetings will be set up quarterly with the Mayor, WEDC Executive Director, WEDC Chairman, City Manager and the Finance Director to review the controls put in place. Mayor Pro Tem Hogue asked Finance Director Williamson if the memo sent to WEDC regarding the issues in February of 2006 had been responded to by WEDC. Mr. Williamson stated that they had not. Mayor Pro Tern Hogue asked if the December memo regarding minutes had been addressed and minutes were being taken. Mayor Mondy replied that WEDC had always been transcribing minutes but had not made them available on the webpage. Mayor Pro Tern Hogue asked what the related party transactions were. Mr. Crain replied that if a councilmember accepted a business transaction from an affiliated entity to council such as WEDC that Minutes - March 14, 2006 Wylie City Council Page 4 would be a related party transaction. He explained that these types of transactions must be disclosed within the financial statements. Mayor Pro Tern Hogue had concerns with several other items on the management letter including the banking depositories, personal expenses, and donations made by WEDC to not for profit organizations such as Blackland Prairie Playground Foundation. Mr. Marvin Fuller, Chairman of the WEDC addressed Council stating that The WEDC Executive Director was out of town and encouraged the Council to address these issues with him when he returned. He explained that the business/personal expenses in question had been approved by the board because it was viewed as a business transaction for team building. He went on to say that all the issues in question had been approved by the WEDC Board. Mayor Pro Tern Hogue then asked about the Blackland Prairie Playground donation. He stated that the council had denied a donation to this organization and did not understand why the donation was made thru WEDC when it had no economic development benefit. Mr. Fuller explained that this was an effort to advertise throughout the metroplex to draw people to Wylie. Mayor Mondy stated that Mr. Fuller should take back to the WEDC Board that this item gave him quite a bit of concern. Mayor Pro Tern Hogue asked if this donation really brought economic development to Wylie. Mayor Pro Tern Hogue stated that he could go on but the bottom line was that some checks and balances need to be put in place to control the auditing of expenses. Mayor Mondy stated that there needed to be some team building between City staff and the WEDC to put checks and balances in place. Mayor Mondy stated that the City Finance Director had fiduciary responsibilities to see that monies were spent appropriately. Mayor Mondy asked about the date and distribution of the management letter from Mr. Crain which was dated December 22, 2005. Mr. Crain replied that the letter was written in December of 2005 but it was the customary procedure to wait until the audit was complete before submitting the letter with the CAFR to the Finance Department. He stated this was done approximately two weeks ago. Mayor Mondy stated that this tempered some of the concern with no response to the management letter. Mayor Pro Tern Hogue stated that he appreciated the attention the Mayor had taken with regard to the meetings with the City Manager and Finance Director and subsequent conference with the WEDC Chairman and Executive Director. He stated that he believed that the Council needed to look into these concerns and decide if there was checks and balances that need to be put in place. Councilwoman Allen asked Mr. Fuller if he voted on any items related to the depository or loans issued to the WEDC. Mr. Fuller replied that he abstained on all items relating to banking of any nature. Mayor Mondy asked Mr. Williamson if he would address and resolve all the other items relating to the management letter for the 2004-05 CAFR. Mr. Williamson stated that he would correct all items mentioned in the management letter, as stated in his response to said letter, and they would not be in future management letters. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman White to approve and place on file the Comprehensive Annual Financial Report (CAFR) as presented. A vote was taken and passed 7-0. 5. Consider, and act upon, an Amended and Restated Interlocal Agreement by and between the City of Wylie, Texas and the Wylie Economic Development Corporation (WEDC). (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that on September 27, 2005, the City and WEDC entered into an Interlocal Agreement for office space and administrative services. With recent changes in staffing in the City Manager's Office and recognition of the WEDC's need for additional administrative services, the City Manager and WEDC Executive Director met and developed revisions to the earlier agreement. The WEDC Board of Directors reviewed and has approved the proposed Agreement. Council Discussion Mayor Pro Tern Hogue asked Mr. Roath if the Council should wait on this amended contract until some of the issues in Item #4 had been addressed. Mr. Roath replied that he gave some thought to that issue and stated that the agreement was more of an operational issue and the previous item was more of a financial issue. He explained that this was defining the duties of the secretary 1 position and how they would be provided to the WEDC. Councilman White asked if the lack of staffing addressed in the last item needed to be reviewed to see if the additional staffing provided in the amended agreement would be Minutes - March 14, 2006 Wylie City Council Page 5 adequate to resolve the issues in the management letter with regard to WEDC. Mr. Roath stated that this was a decision that would need to be made by the WEDC Executive Director, but the WEDC Director had noted that the additional services provided in the amended agreement were adequate. Councilman Newsom asked if this agreement could be amended at any time. Mr. Roath replied that it could. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve an amended and restated Interlocal Agreement by and between the City of Wylie, Texas and the Wylie Economic Development Corporation (WEDC). A vote was taken and passed 7-0. Mayor Mondy excused himself from discussion on Item #6 Mayor Pro Tern Hogue opened Item#6 for consideration. 6. Consider, and act upon, Ordinance No. 2006-16 of the City Council of Wylie, Texas, adding Chapter 54 to the Wylie City Code relating to Graffiti Vandalism and Establishing a Program for the Removal of Graffiti on Public and Private Property. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that Graffiti vandalism has grown from exclusively a big city problem into affecting smaller communities. Graffiti vandals have inflicted damage on public and private property, which has been reflected in cost of clean up and replacement of graffiti areas. This Anti- Graffiti Ordinance is designed to address graffiti vandalism issues as well as establish a program for removal of graffiti on public and private property. He explained that the ordinance was written to complement the state legislation and provide additional issues regarding graffiti. Council Discussion Councilman Newsom asked how many offences the city had issued for graffiti. Mr. Roath replied that there had been 35 vandalism incidents resolved by the Police Department during the months of March 2005 to February 2006. Mr. Roath stated that he felt this was a complement to our Police Department to have so many citations resolved. Councilman Newsom stated that he had a concern with the portion of the ordinance which addressed chalk as a type of graffiti. Mr. Roath explained that if the person using the chalk, such as in a game had the permission of the property owner to do so they would fall under exclusions in the ordinance. Council Action A motion was made by Councilman Newsom, seconded by Councilman Porter to approve Ordinance No. 2006-16 of the City Council of Wylie, Texas adding Chapter 54 to the Wylie City Code relating to Graffiti vandalism and establishing a program for the removal of graffiti on public and private property. A vote was taken and passed 6-0 with Mayor Mondy abstaining. (Mayor Mondy signed an affidavit of abstention on file) 7. Consider, and act upon, Ordinance No. 2006-17 adding Chapter 74 to the Wylie City Code regulating the use and possession of Laser Pointer Devices. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that this ordinance, on the use and possession of laser pointer devices, contains the common elements of laser safety recommended by such entities as The Laser Institute of America, the Law Enforcement Alliance of America (LEAA) and others, such as allowing children to use laser pointers only with adult supervision, prohibiting the shining of a light beam into the Minutes- March 14, 2006 Wylie City Council Page 6 eyes, on pointing a laser pointer beam at another person, and on projecting laser pointer beams on law enforcement officers and other public safety personnel. Council Discussion Mayor Mondy asked Police Chief Butters to come forward and address this ordinance. Chief Butters addressed Council stating that the ordinance took laser pointers out of the hands of minors who were not always the most responsible persons. He stated that he felt the City needed this ordinance. Councilman Newsom stated that the new green laser pointers were even more dangerous than the red pointers. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman White to approve Ordinance No. 2006-17 adding Chapter 74 to the Wylie City Code regulating the use and possession of Laser Pointer Devices. A vote was taken and passed 7-0. 8. Consider, and act upon, an agreement with HISAW & Associates, in the amount of $60,825.00, for Construction Manager at Risk Services for the Animal Shelter Expansion Project. (J. Butters, Police Chief) Staff Comments Police Chief Butters addressed Council stating that this agreement is to engage the services of a Construction Manager at Risk to complete the Animal Shelter expansion project. The City received two bids for the CM at Risk, which the firm of HISAW &Associates was low bidder. Dwayne Brinkley, Animal Shelter Architect, reviewed and recommends acceptance of this bidder and agreement. He commented that this was also the lowest bid submitted. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve an agreement with HISAW & Associates, in the amount of $60,825.00, for Construction at Risk Services for the Animal Shelter Expansion Project. A vote was taken and passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Carole Ehrlich read captions to Ordinances 2006-13, 2006-14, 2006-15, 2006-16 and 2006-17 into the official record. ADJOURNMENT With no further business before Council, a motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to adjourn the meeting at 7:36 p.m. Consensus of Council was to adjourn. \\\ / /mow �'�;• % John ndy, Mayor ATTEST: _ P °• <•P Carole hrlich, C y retary ''�,/4"):.. f Minutes- March 14, 2006 Wylie City Council Page 7