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09-26-2006 (City Council) Minutes 741. .1 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, September 26, 2006 — 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 Carter Porter, Councilman Red Byboth, Councilman Eric Hogue, Councilman Merrill Young, Councilman Rick White and Councilman Earl Newsom. Staff present were: City Manager, Mindy Manson; Assistant City Manager/Police Chief, Jeff Butters; Finance Director, Larry Williamson; City Engineer, Chris Hoisted; Planning Director Renae' 011ie; Public Library Director, Rachel Orozco; WEDC Director, Sam Satterwhite; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Reverend Mike Frick representing the Faith Lutheran Church of Wylie gave the Invocation and Councilman Eric Hogue led the Pledge of Allegiance. PRESENTATIONS • Presentation of Library Cards to Mayor and Council in honor of Library Card Sign- Up Month. (Friends of the Rita and Truett Smith Public Library) Library Director Rachael Orozco and Friends of the Library Vice President Trish Smith distributed library cards to Council members, assisted by Wylie ISD students: Moriah Walton, Dana Walters, Jennifer Hodge, and Melanie Spaink • Presentation to ist Six Weeks Star Students - Character Trait of"Responsibility". Mayor Mondy and Mayor Pro Tem Porter gave certificates to Wylie student demonstrating the character trait of"Responsibility". Minutes—September 26, 2006 Wylie City Council Page 1 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. There were no citizens present to address Council during citizen's comments. 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 September 12, 2006 Regular Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, approval of a Replat for Woodlake Village Block C, Lots 1R-3R2R & 1R-4RR to abandon an access easement on Lot 1R-4RR and plat an existing easement that was constructed on Lot 1R-3R2R. Property located at 2010 & 2014 Highway 78 N. (M. Manson, City Manager) C. Consider, and act upon, Resolution No. 2006-24(R) Designating the City Secretary as the Public Information Coordinator for the Purpose of Receiving Required Training Associated with the Public Information Act. (C. Ehrlich, City Secretary) C. Consider, and act upon, authorizing the Mayor to enter into an Interlocal Agreement with Collin County and the Rita and Truett Smith Public Library for library services for fiscal year 2006-2007. (R. Orozco, Library Director) Council Action A motion was made by Councilman Hogue, seconded by Councilman Young to approve the Consent Agenda as presented. A vote was taken and passed 7-0. REGULAR AGENDA General Business 1. Consider and act upon Resolution No. 2006-25(R) ratifying Jeff Butters as Acting City Manager in the absence of Mindy Manson, City Manager. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that Article IV, Section 1.D. of the Wylie City Charter requires the City Manager, within 30 days of taking office, to designate a staff member to serve as the Acting City Manager in their absence. A letter designating the Acting City Manager is to be filed with the City Secretary and ratified by the City Council. Jeff Butters has been designated by me to function in this Minutes—September 26, 2006 Wylie City Council Page 2 capacity, in the event of my absence or disability. She explained that the letter of designation had been delivered to the City Secretary. Council Action A motion was made by Councilman Newsom, seconded by Councilman Byboth to approve Resolution No. 2006-25(R) ratifying Jeff Butters as Acting City Manager in the absence of Mindy Manson, City Manager. A vote was taken and passed 7-0. 2. Consider, and act upon, allocation of funding for Not For Profit organizations: Blackland Prairie Foundation, Equest Therapeutic Horsemanship, Friends of the Rita and Truett Smith Public Library, Meals on Wheels, Inc., Plano Children's Medical Clinic and Wylie ISD Education Foundation. (M. Manson, City Manager) Staff Comments City Manager Manson addressed Council stating that on August 1, 2006 the Council heard presentations from the several not-for-profit organizations regarding proposed funding allocations, per Ordinance No. 2005-52. A total of $33,000 has been allocated from the FY 2006/2007 Budget, with $16,500 ($.50 per capita of COG population of 33,000) previously committed to Collin County Children's Advocacy Center (CCCAC), Court Appointed Special Advocates (CASA), and City House on January 24, 2006. Ms. Manson named the organizations and the amount of funding each had requested during the August 1, 2006 Council meeting. Blackland Prairie Playground Foundation requested $2,500 for a drinking fountain; Equest requested $25,000 for fencing; Friends of the Library requested $1,740 for the book and movie program for 9-12 year old children; Meals on Wheels did not specify an amount to be funded; Plano Children's Medical Clinic requested $8,000 for Medical supplies ($6,000) and salaries for social services staffing ($2,000.)and WISD Education Foundation requested $10,000 for special grants allocations. Council Discussion Mayor Mondy asked City Manager Manson why the Parks Department did not budget for the drinking fountain at the Blackland Prairie Playground. Ms. Manson replied that she did not know. Mayor Mondy then asked if Equest had responded to the request for additional financial information. Ms. Manson replied that she was not aware of any additional documents received from Equest. Mayor Mondy asked if the City contributed to Friends of the Library. Ms. Manson replied that the City did not. Library Director Orozco explained the main fund raiser for Friends for the Library was the ongoing book sales along with a couple of other fund raisers. Mayor Mondy asked if Meals on Wheels was contributed to by the City. Councilman Newsom stated that the City, in the past had contributed to Meals on Wheels. He noted that the organization also assisted persons outside the City. Mayor Mondy stated that 20% of all children in the City were on some type of assistance program and would probable qualify for assistance by the Plano Children's Medical Clinic. Mayor Mondy stated that he was not in favor of contributing to the Wylie Education Foundation unless the funds were allocated to special education programs. Councilman Newsom stated that it was not the function of city government to take money from taxpayers, at the threat of seizing properties, and then distribute it to charitable organizations. Councilman Byboth stated that he did not think it was the City's position to give tax dollars to charitable organizations especially when we have just increased the tax rate. He explained that he worked with most of the mentioned not-for-profits, raising money for them, and felt the private sector could raise the funds. He stated that he had been called by several taxpayers and they were not in favor of these allocations noting that this was something they should have the right to vote on. Councilman Hogue stated that Blackland Prairie was a cause he could support. He felt the drinking fountain was needed at the playground. He stated that he had concerns regarding the future of financial issues within the city caused by the drought and other issues. "Do we need to be giving money away, when we may need it for our own infrastructure?" Mayor Mondy stated that he did not believe the council should go back from commitments made previously. Councilman Byboth stated that a commitment was made to prior organizations which the City should honor but allocating additional money he would be against. Councilman Young stated that Council's analogies were correct and having come from the business of giving, it is hard to say"let's not do it". He Minutes—September 26, 2006 Wylie City Council Page 3 stated that he was in favor of the drinking fountain requested by Blackland Prairie Foundation and was also in favor of allocations to the Meals on Wheels and the Plano Children's Medical Clinic. Councilman White stated that he did not believe it was the City's place to allocate money to these not-for-profit organizations but noted that he has personally given to several of them. Mayor Pro Tern Porter stated that he was in favor of allocating to the Meals of Wheels and Piano Children's Medical Clinic because it would directly affect both young and old citizens of Wylie for medical care and food. Mayor Mondy asked Council to look at other contributions the City makes, in kind, to organizations and asked Council to think about where they wished to draw the line. There are many functions such as the Christmas parade which employee hours are contributed, in order to manage the parade. He stated that all these organizations were in need of money to operate and depending on where each council members emphasis was, each would more than likely choose different organizations. He asked, "Do we want to discontinue writing checks for organizations, or all contributions made to not-for-profit organizations"? He stated that the Council needed to adopt a policy they could tell staff and the public. He then asked City Manager Manson to schedule a work session, for discussion and direction to staff regarding not-for-profit organization contributions. Ms. Manson stated that she could quantify for Council funds used in the past for in kind contributions and bring back to Council. Council Action A motion was made by Mayor Pro Tern Porter, seconded by Councilman Hogue to allocate for FY 2006-2007: $3,000. to Meals on Wheels and $6,000. to Plano Children's Medical Clinic, and to exclude the usage of the funds for salaries. A vote was taken and passed 4-3 with Mayor Mondy, Mayor Pro Tern Porter, Councilman Hogue and Councilman Young voting for and Councilman White, Councilman Byboth and Councilman Newsom voting against. 3. Consider, and act upon, approval of an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge. (C. Holsted, City Engineer) Executive Summary City Engineer Hoisted addressed Council stating that the 2003 Collin County Bond Program included $1,138,500 for the construction of the Hooper Road Bridge over Maxwell Creek which will provide another north/south connection between FM 544 and SH 78. Collin County will fund 50% ($569,250) of the project and the Cities of Wylie and Sachse will fund 25% each ($284,625).This project was included in the Thoroughfare Capital Improvements Plan and impact fee funds may be used for this project. Council Action A motion was made by Councilman Hogue, seconded by Councilman White to approve an Interlocal Agreement between Collin County and the City of Wylie concerning the construction of the Hooper Road Bridge. A vote was taken and passed 7-0. 4. Consider, and act upon, acceptance of the resignation of Eric Brown and the appointment of a new member to the Construction Code Board for the unexpired term of July 2005 to July 2007. (J. Bray, Building Director) Staff Comments City Secretary Ehrlich addressed Council stating that Article VIII, Section 2E of the City Charter authorizes the City Council to appoint members to all boards and commissions. Ordinance 84-11, establishing the Construction Code Board, stipulates that the Construction Code Board shall consist of seven (7) citizens who shall be qualified voters who shall serve for a term of two (2) years. Eric Brown Minutes—September 26, 2006 Wylie City Council Page 4 was appointed to the Construction Code Board in 2005. Mr. Brown, who has served very faithfully on the Board, has recently submitted his resignation from his appointment to the Construction Code Board effective immediately. She noted that there were additional qualifications recommended for the Construction Code Board. She explained that there were four applications submitted to the City Secretary's Office in May that noted a desire to serve on the Construction Code Board. Mayor Mondy asked if the applicants had been contacted since May to determine if they still wished to serve in this capacity. City Secretary Ehrlich stated she did not believe they had been contacted since the initial interviews conducted in May. Mayor Mondy asked if the item could be tabled to allow time to determine whether all applicants still wished to serve on the Construction Code Board. Council Action A motion was made by Mayor Pro Tern Porter„ seconded by Councilman Hogue to table acceptance of the resignation of Eric Brown and the appointment of a new member to the Construction Code Board to the October 10, 2006 Council Meeting. A vote was taken and passed 7-0. Mayor Mondy convened into Executive Session at 7:09 p.m. citing the two exceptions listed below. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.072 Real Property; Closed Meeting To deliberate the purchase, exchange, lease or value of real property generally located at: • Hensley Lane between Hooper Road and Sanden Road §§ 551.074 Personnel Matters; Closed Meeting To deliberate the Duties and Employment of the City Manager RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Mondv reconvened into open session at 8:25 p.m. §§ 551.072 Real Property; Closed Meeting To deliberate the purchase, exchange, lease or value of real property generally located at: • Hensley Lane between Hooper Road and Sanden Road No action was taken regarding the purchase, exchange, lease or value of real property generally located at: • Hensley Lane between Hooper Road and Sanden Road. Minutes—September 26, 2006 Wylie City Council Page 5 §§ 551.074 Personnel Matters; Closed Meeting To deliberate the Duties and Employment of the City Manager 1. Consider, and act upon, approval of an Employment contract between the City of Wylie and Mindy Manson and authorizing the Mayor to execute any and all documents related thereto. Council Action A motion was made by Councilman Young, seconded by Councilman Hogue to approve and authorize the Mayor to execute an Employment contract between the City of Wylie and City Manager Mindy Manson with the following changes: Effective date will be October 1, 2006, Renewal date will be at the 2nd Council Meeting in January 2007, and Ms. Manson must relocate to the City of Wylie by July 31, 2007. A vote was taken and passed 7-0. ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 8:28 p.m., with Councilman Newsom seconding the motion. Consensus of Council was to adjourn. ,),"„1/( c/- J n Mond Mayor ATTEST: As, F•��' ''.. s — M Carol hrlich, i ecretary -Oi,,�4i,E�,�T E „.\` Minutes—September 26, 2006 Wylie City Council Page 6