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.
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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
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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.
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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
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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
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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
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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.
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Wylie City Council
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