09-10-2019 (City Council) Agenda Packet Work Session Wylie City Council
NOTICE OF MEETING
Work Session Agenda
September 10, 2019
6:30 p.m.
(or immediately following City Council Meeting)
Wylie Municipal Complex
Council Chambers/Council Conference Room
300 Country Club Road, Building #100
Wylie, Texas 75098
Eric Hogue Mayor
David R. Duke Place 1
Matthew Porter Place 2
Jeff Forrester Mayor Pro Tern
Candy Arrington Place 4
Timothy T. Wallis, DVM Place 5
David Dahl Place 6
Chris Hoisted City Manager
Richard Abernathy City Attorney
Stephanie Storm City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal
Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the
required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website:
www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience
are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020.
Hearing impaired devices are available from the City Secretary prior to each meeting.
CALL TO ORDER
Announce the presence of a Quorum.
WORK SESSION
ce Discuss amending Resolution No. 2003-20(R); City Council Rules of Procedures. (C. Hoisted, City
Manager)
EXECUTIVE SESSION
If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City
Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with
attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and
place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attomey for the City
concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes:
September 10,2019 Wylie City Council Work Session Agenda Page 2 of 2
Texas Government Code Section:
§551.071—Private consultation with an attorney for the City.
§551.072—Discussing purchase,exchange,lease or value of real property.
§551.074—Discussing personnel or to hear complaints against personnel.
§551.087—Discussing certain economic development matters.
§551.073—Discussing prospective gift or donation to the City.
§551.076—Discussing deployment of security personnel or devices or security audit.
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit:
RECONVENE INTO OPEN SESSION
Take any action as a result from Executive Session.
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 6`h day of September, 2019 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a
courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov.
Stephanie Storm,City Secretary Date Notice Removed
Wylie CityCouncil
Y
AGENDA REPORT
Meeting Date: September 10, 2019 Item Number: WS 1
Department: City Manager (City Secretary's Use Only)
Prepared By: Stephanie Storm Account Code:
Date Prepared: August 19, 2019 Exhibits: 2
Subject
Discuss amending Resolution No. 2003-20(R); City Council Rules of Procedures.
Recommendation
Direction.
Discussion
The City Council's Rules of Procedures were last updated in 2003. Attached are the current City Council Rules of
Procedures, and a working copy of an amending Resolution addressing Rules 1, 3, 9, and 11 of the current Rules of
Procedures.
Page 1 of 1
RESOLUTION NO. (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, AMENDING RESOLUTION NO. 2003-20 (R) AND MODIFYING
CERTAIN RULES OF PROCEDURE FOR THE CONDUCT OF CITY
COUNCIL MEETINGS;PROVIDING A REPEALING/SAVINGS CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, in 2003, the City Council of the City of Wylie, Texas ("City Council")
adopted Resolution No. 2003-20 to establish rules of procedure to govern all meetings and
proceedings of the City Council; and
WHEREAS, the Texas Legislature recently approved House Bill 2840, amending the
Texas Open Meetings Act (the "Act") to establish the right of members of the public to address a
governmental body subject to the Act regarding"an item on an agenda for an open meeting of the
body"; and
WHEREAS,the City Council has long provided an opportunity for members of the public
to address the City Council, as reflected in its adopted rules of procedure, in recognition of the
need for governmental transparency and accountability; and
WHEREAS, House Bill 2840 authorizes the City Council to adopt reasonable rules
regarding the public's right to address the City Council, including rules that limit the total amount
of time that a member of the public may address the City Council on a given item; and
WHEREAS,the City Council desires to amend certain provisions of the rules of procedure
to conform to the language set forth in House Bill 2840 and to make other modifications that are
in the best interests of the City of Wylie, Texas ("Wylie") and its citizens.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. The findings set forth above are incorporated into
the body of this Resolution as if fully set forth herein.
SECTION 2: Amendment to Resolution No. 2003-20. The City Council hereby amends
Section 1 of Resolution No. 2003-20 as follows:
Rule 1. Meetings, Regular and Special
(A) The City Council shall meet in the Council chambers of the City hall
on the second and fourth Tuesdays of each month, commencing at
6:00 p.m.; provided, however, the City Council may, in its sole
discretion, vote to cancel up to two (2) regular meetings each
calendar year. In the event a Tuesday falls on a holiday,the meeting
Resolution Amending City Council Rules of Procedure Page 1
2838293
for that day shall be rescheduled as determined by Council. Any
meeting of Council may be recessed from hour to hour for a period
of time not to exceed 24 hours, by an affirmative vote of 4 or more
members of Council present at such meeting, and such recessed
meeting shall be held without further posted notice.
Rule 3. Conduct of Mayor and Councilmembers
Any member of the Council, including the Mayor, who fails to observe
decorous and orderly behavior during a meeting, or who disturbs a meeting of
Council with such disorderly conduct, is subject to being expelledreprimand from
-- upon motion passed by 2/3 vote of the Council present at the meeting.
Any Councilmember reprimanded
who thereafter commits another breach of decorous and disorderly behavior during
a subsequent meeting shall be subject to the same power of Council to reprimand
him/her, expel him/her from the meeting, or subject such Councilmember to
complaint, investigation, and conviction of official misconduct pursuant to
applicable law.
Rule 9. Citizens' Right to be Heard
Any citizen member of the public shall have a reasonable opportunity to be
heard at any and all regular meetings of the City Council in regard to any and all
matters to be considered at any such meeting, or such other matters as citizens
members of the public may wish to bring to Council's attention;provided,however,
any matter not posted on the agenda may not be discussed by Council,nor shall any
action be taken by Council, except to provide a statement of specific factual
information given in response to an inquiry, to recite existing policy in response to
an inquiry or to indicate that the matter may be placed on a later agenda. A time
shall be set aside during each Council meeting for the Council to hear from the
public, such designated time not to exceed three (3) minutes per person, or six (6)
minutes if the individual represents a group; provided, however, that a member of
the public who addresses the body through a translator shall be entitled to speak for
up to six(6) minutes, or twelve (12) minutes if the individual represents a group, in
order to ensure that non-English speakers receive the same opportunity to address
the body. The Mayor presiding officer shall retain the discretion to further limit or
increase this time for public comments on agenda items. Citizen comments
Comments from members of the public on agenda items will be heard during the
discussion of those agenda items. Citizen comments pertaining to non=e-agenda
items will be heard during the Citizen public Participation participation portion of
the meeting. Any written info,illation brought by a citizen member of the public
Resolution Amending City Council Rules of Procedure Page 2
2838293
pertaining to agenda items or other issues must be presented to the City Secretary's
Office by the Monday of, the week preceding the week of the Council Meeting
meeting so that staff and council Council may review the materials. Citizens
Members of the public attending any regularly schedulcdscheduled Council
meeting may speak before Council by completing a form and presenting it to the
City Secretary prior to the beginning of such meeting. Citizens Members of the
public may also request to be placed on the agenda to appear before Council by
making a request to the City Secretary prior to any regularly scheduled meeting.
Such request must be received by the City not later than two o'clock(2:00)p.m. on
the Monday of the week preceding the week of the next scheduled Council meeting.
In addition, citizens members of the public may request a Council member to place
an item on the agenda.
It is the Council's goal that citizens resolve their complaints for service or
regarding employees' performance at the staff level. However, it is recognized that
citizens may from time to time believe it is necessary to speak to Council on matters
of concern.
In view of that, Council expects any citizen member of the public to speak
in a civil manner, with due respect for the decorum of the meeting, and with due
respect for all persons attending. °¢����
Personal attacks made
publicly toward any citizen member of the public or € City employee that are
prohibited by law are not allowed. Citizens Members of the public are encouraged
to bring their complaints regarding employee performance through the supervisory
chain of command in accordance with the City's Personnel Policies. Complaints
regarding an employee's performance of duty will not be heard unless it has first
,
result of an enforcement action by a city employee or in a civil suit will not be
heard.Notwithstanding anything to the contrary herein, nothing in these rules of
procedure is intended or shall be interpreted to prohibit public criticism of the
Council, including criticism of any act, omission, policy, procedure, program or
service. The Council or president officer may, however, disallow public criticism
that is prohibited by law.
No member of the public shall be heard until recognized by the presiding
officer. Any member of the public interrupting City Council proceedings,
approaching the dais without permission, otherwise creating a disturbance, or
failing to abide by these rules of procedure in addressing City Council, shall be
deemed guilty of disrupting a meeting (section 42.5, Penal Code, Class B,
Misdemeanor) and, at the direction of the presiding officer, shall be removed from
Council chambers by the sergeant-at-arms or other agent designated by City
Council. Any citizen shall be entitled to visit City hall, during regular business
Resolution Amending City Council Rules of Procedure Page 3
2838293
hours, and inspect all past Council meeting minutes, City audits, and the agenda to
be considered by the Council in advance of the meeting and inform himself or
herself as to the matters to be considered.
Rule 11. Rules of Procedure
Except where in conflict with any state law, City charter, City ordinance or
the rules of procedure adopted by this resolution, the rules of procedure laid down
in Robert's Rules of Order, 10th Edition, shall govern the proceedings of the City
Council."
SECTION 3: Severability. Should any section, subsection, sentence, clause or phrase of
this Resolution be declared unconstitutional and/or invalid by a court of competent jurisdiction, it
is expressly provided that any and all remaining portions of this Resolution shall remain in full
force and effect. The City Council hereby declares that it would have passed this Resolution, and
each section, subsection, clause or phrase thereof,regardless of whether any one or more sections,
subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 4: Savings/Repealing. Resolution No. 2003-20 shall remain in full force and
effect, save and except as amended by this or any other resolution or ordinance. All provisions of
any resolution in conflict with this Resolution are hereby repealed to the extent they are in conflict.
Any remaining portions of said resolution shall remain in full force and effect.
SECTION 5: Effective Date. This Resolution shall take effect immediately from and after
its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS on this day of , 2019.
Eric Hogue, Mayor
ATTESTED AND CORRECTLY
RECORDED:
Stephanie Storm, City Secretary
Resolution Amending City Council Rules of Procedure Page 4
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RESOLUTION NO. 2003-20 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, ADOPTING RULES OF PROCEDURE FOR THE CONDUCT
OF ITS MEETINGS; AND REPEALING ALL OTHER RESOLUTIONS
OR PARTS OF RESOLUTIONS INCONSISTENT OR IN CONFLICT
HEREWITH.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY WYLIE, TEXAS:
Section 1. The following rules of procedure shall govern all meetings and
proceedings of the City Council of the City of Wylie, and the conduct of all members and
other persons in attendance at such meetings.
Rule 1. Meetings, Regular and Special
(A) The City Council shall meet in the Council chambers of the City hall on the
second and fourth Tuesdays of each month, commencing at 6:00 p.m. In the
event a Tuesday falls on a holiday, the meeting for that day shall be rescheduled
as determined by Council. Any meeting of Council may be recessed from hour
to hour for a period of time not to exceed 24 hours, by an affirmative vote of 4
or more members of Council present at such meeting, and such recessed
meeting shall be held without further posted notice.
(B) Other special meetings shall be held on the call of the Mayor or of four (4) or
more Councilmembers. The agenda for such meetings shall be established at the
discretion of those calling the meeting.
(C) Items may be added to an agenda at the request of two (2) or more
Council members.
Rule 2. Chairman and Call to Order
The Mayor, or in his/her absence the Mayor Pro-Tem, shall preside at all meetings of
the Council. If the Mayor and the Mayor Pro-Tem are absent, any Councilmember may be
appointed by the Mayor or a majority of the Council to preside. At the hour of the meeting,
the Mayor shall call the Council to order, and the City Secretary shall record the roll.
Rule 3. Conduct of Mayor and Councilmembers
Any member of the Council, including the Mayor, who fails to observe decorous and
orderly behavior during a meeting, or who disturbs a meeting of Council with such disorderly
conduct, is subject to being expelled from such meeting upon motion passed by 2/3 vote of the
Council present at the meeting. Any member reprimanded by motion or expelled from a
meeting by motion who thereafter commits another breach of decorous and disorderly behavior
during a subsequent meeting shall be subject to the same power of Council to reprimand
him/her, expel him/her from the meeting, or subject such member to complaint, investigation,
and conviction of official misconduct.
Rule 4. Handling of Ouestion of Order
All questions of order shall be decided by the presiding officer with the right of appeal
of his/her decision by the City Council, and a majority of the Councilmembers present may
over-rule the decision of the chair. When the chair makes a ruling on a point of order and one
of the Councilmembers states, "I appeal the ruling of the chair," or words to such effect, no
other business shall be transacted until the question, "shall the ruling of the chair be
sustained?" is voted on. The presiding officer shall immediately put such question to vote
without debate, and, if he/she fails to do so immediately, any member of the City Council may
put the question to a vote.
Rule 5. Procedure for Submitting Agenda Items
Any and all ordinances, resolutions or other matters, including all written data, except
emergency items, to be brought before the City Council for its consideration by the Mayor or
by two (2) or more members of the Council, shall be submitted to the City Secretary not later
than 2:00 p.m. of the Monday, the week preceding the meeting at which the same is to be
considered.
Rule 6. Motion to Table
Since the Council has regularly scheduled meetings, a motion to table, when carried,
does not permanently defeat an ordinance, resolution, motion, or other measure. If such
ordinance, resolution, motion, or other measure is tabled by a majority vote of the Council,
such ordinance, resolution, motion, or other measure, if not sooner removed from the table,
must be removed at the third meeting, and acted upon, even if only to place the item on the
table again.
Rule 7. Closing of Debate
If, during debate upon any ordinance, resolution, motion or other matter before the
Council, any member moves that the subject under discussion be put to a vote without further
debate (and such a motion need not be seconded), the presiding officer shall immediately ask
the Council, "is there any objection to proceeding to a vote on the ordinance, resolution,
motion, or other measure before the Council being taken immediately?" If any member
objects, the presiding officer shall immediately and without debate put the question, "shall the
subject being discussed be put to a vote, without debate?" To a vote of the Council, and if a
majority of the Councilmembers present vote in favor of ordering the vote, debate on the
question shall be closed and a vote on the ordinance, resolution, motion or other measure taken
immediately.
Resolution#2003-20(R) 2
City Council Rules and Procedures
Rule 8. Reducing Motion to Writing
All oral motions must be seconded before being put to vote by the chair (except where
otherwise provided in these rules), and upon request of any other member of the Council, or
Mayor, the party making any such oral motion (except a motion to order a vote on a subject
being considered per rule 10 or to table, or other such procedural matter) shall reduce the same
to writing, or request the City Secretary to do the same. If a motion be made by any member
of the Council in writing and filed with the presiding office, it shall still require a second.
Rule 9. Citizens' Right to be Heard
Any citizen shall have a reasonable opportunity to be heard at any and all regular
meetings of the City Council in regard to any and all matters to be considered at any such
meeting, or such other matters as citizens may wish to bring to Council's attention; provided,
however, any matter not posted on the agenda may not be discussed by Council, nor shall any
action be taken by Council, except to indicate that the matter may be placed on a later agenda.
A time shall be set aside during each Council meeting for the Council to hear from the public,
such designated time not to exceed three (3) minutes per person, or six (6) minutes if the
individual represents a group. The Mayor shall retain the discretion to further limit or increase
this time for public comments on agenda items. Citizen comments on agenda items will be
heard during the discussion of those agenda items. Citizen comments pertaining to none
agenda items will be heard during the Citizen Participation portion of the meeting. Any written
information brought by a citizen pertaining to agenda items or other issues must be presented
to the City Secretary's Office by the Monday, the week preceding the Council Meeting so that
staff and council may review the materials. Citizens attending any regularly scheduled
meeting may speak before Council by completing a form and presenting it to the City
Secretary prior to the beginning of such meeting. Citizens may also request to be placed on
the agenda to appear before Council by making a request to the City Secretary prior to any
regularly scheduled meeting. Such request must be received by the City not later than two
o'clock (2:00) p.m. on the Monday preceding the next scheduled Council meeting. In
addition, citizens may request a Council member to place an item on the agenda.
It is the Council's goal that citizens resolve their complaints for service or regarding
employees' performance at the staff level. However, it is recognized that citizens may from
time to time believe it is necessary to speak to Council on matters of concern.
In view of that, Council expects any citizen to speak in a civil manner, with due respect
for the decorum of the meeting, and with due respect for all persons attending. Any citizen
requesting to speak shall limit him or herself to matters of fact regarding the issue of concern.
Personal attacks made publicly toward any citizen or city employee are not allowed. Citizens
are encouraged to bring their complaints regarding employee performance through the
supervisory chain of command in accordance with the City's Personnel Policies. Complaints
regarding an employee's performance of duty will not be heard unless it has first been
submitted in writing, a written response has been received within a reasonable period of time,
and the citizen is still not satisfied with the response. Complaints regarding any matter
Resolution#2003-20(R) ' 3
City Council Rules and Procedures
pending before federal, state, county or municipal court as a result of an enforcement action by
a city employee or in a civil suit will not be heard.
No member of the public shall be heard until recognized by the presiding officer. Any member
of the public interrupting City Council proceedings, approaching the dais without permission,
otherwise creating a disturbance, or failing to abide by these rules of procedure in addressing
City Council, shall be deemed guilty of disrupting a meeting (section 42.5, Penal Code, Class
B, Misdemeanor) and, at the direction of the presiding officer, shall be removed from Council
chambers by the sergeant-at-arms or other agent designated by City Council. Any citizen shall
be entitled to visit City hall, during regular business hours, and inspect all past Council
meeting minutes, City audits, and the agenda to be considered by the Council in advance of
the meeting and inform himself or herself as to the matters to be considered.
Rule 10. Suspension of Rules of Procedure
Any one or all of these rules of procedure may be suspended in order to allow a
particular consideration of a matter, provided that it does not violate the state law or home rule
charter, and provided that not less than two-thirds Councilmembers vote in favor of such
suspension. Where any rule embodies a provision of state law, identically or in substance,
such rule may not be suspended.
Rule 11. Rules of Procedure
Except where in conflict with any state law, City charter, City ordinance or the rules of
procedure adopted by this resolution, the rules of procedure laid down in Robert's Rules of
Order, 10th Edition, shall govern the proceedings of the City Council.
Section 2. City of Wylie, Collin/Dallas/Rockwall Counties, Texas, all other
resolutions or parts of resolutions inconsistent or in conflict herewith are, to the extent of such
inconsistency or conflict, hereby repealed.
PASSED, APPROVED, AND RESOLVED by the City Council of the City of
Wylie, Texas on this the 11th day of November, 2003.
,A)
John ondy
`‘‘tt%►I*" Mayor
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Caro a Ehrlic
City Secretary !yy ........•'P5 •
Resolution N2003-20(R) 4
City Council Rules and Procedures