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11-25-1986 (City Council) Minutes 53 CITY COUNCIL MEETING MINUTES NOVEMBER 25, 1986 7 :00 P. M. The Wylie City Council met in regular session on Tuesday, November 25 , 1986 at 7 :00 P . M. in the Wylie Community Room. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Pro Tem Joe Fulgham, Council Members Calvin Westerhof, Sandra Donovan, and Chuck Trimble, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Acting Public Works Director Kenneth Moelling , Ron Homeyer from the Engineering Department and some citizens. Mayor Pro Tem Fulgham called the meeting to order and gave the invocation. APPROVAL OF MINUTES: Minutes were submitted for the meetings of November 10 , 11 , 13 , and 18 , 1986. Motion was made by Councilman Westerhof to approve all minutes as submitted. Councilwoman Donovan made another motion to approve only November 11th and 13th minutes. Mayor Pro Tem Fulgham seconded the motion made by Councilman Westerhof . The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - against, Councilman Westerhof - in favor, and Councilwoman Donovan - against . There was no decision on the first motion with a vote of two in favor and two against. The City Charter states it takes four votes to carry or deny a motion. Councilman Trimble seconded the motion made by Councilwoman Donovan to approve minutes for November llth and 13th. The vote was as follows : Mayor Pro Tem Fulgham - against, Councilman Trimble - in favor , Councilman Westerhof - against, and Councilwoman Donovan - in favor . There was no decision on the second motion with a vote of two in favor and two against. The City Charter states it takes four votes to carry or deny a motion. FINAL PUBLIC HEARING ON THE ANNEXATION OF 620.028 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688 : This property is located north of E. SH78 primarily between the Texana Property and the Federal land adjacent to Lake Lavon. Mayor Pro Tem Fulgham opened the public hearing, there being no questions or opposition, the public hearing was closed . FINAL PUBLIC HEARING ON THE ANNEXATION OF 279 .0574 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688 : This property is located along and south of E. Brown Street (Old SH78) . Mayor Pro Tem Fulgham opened the public 54 hearing, there being no questions or opposition, the public hearing was closed. FINAL PUBLIC HEARING ON THE ANNEXATION OF 50 ACRES OUT OF THE R. D. NEWMAN SURVEY, COLLIN COUNTY ABSTRACT 660: This property is located west of Muddy Creek along the Collin/Dallas County line. Mayor Pro Tem Fulgham opened the public hearing, there being no questions or opposition, the public hearing was closed. FINAL PUBLIC HEARING ON THE ANNEXATION OF 140.58 ACRES OUT OF THE J. MITCHELL SURVEY, ABSTRACT 589, AND THE WILLIAM PATTERSON SURVEY, ABSTRACT 716, COLLIN COUNTY: This property is located west of FM1378 and north of Lake Ranch Road. Mayor Pro Tem Fulgham opened the public hearing, there being no questions or opposition, the public hearing was closed. FINAL PUBLIC HEARING ON THE ANNEXATION OF 156 .993 ACRES OUT OF THE M. SPARKS SURVEY, COLLIN COUNTY ABSTRACT 849: This property is located on the north side of W. FM544 across from Steel Industrial Park. Mayor Pro Tem Fulgham opened the public hearing, there being no questions or opposition, the public hearing was closed. CITIZEN PARTICIPATION: Dale Fulgham of 309 Woodhollow Court said she was wanting to see first if Mr . Weeks was in the ..� audience. I do not know how many of you have had a chance to read the Wylie News , but that is what I want to address you about. I do not know what it takes to make a letter slanderous other than this letter, but the News says they do not publish things like that. First, Mr . Weeks stated that he has been told that our City Manager was the problem, while it seems that he plays up to Mayor Pro Tem Fulgham as he is well informed on City business. It is hard to tell by this form of writing, if Mayor Pro Tem Fulgham is, well in formed or if the City Manager is well informed . Either one should be well informed on City business. Second part of Mr. Weeks letter was that money most likely is the issue here. Dale Fulgham said she agreed, money and power maybe. The third item that the one thing we needed to guard against was the constant change in our Master Plan. Dale Fulgham said she thinks the citizens need to know why everytime we change council , we change the master plan. Builders and Developers are getting tired of being messed around, they do not know what to expect from the City of Wylie. Fourth, Mr. Weeks questioned the creditability of the Mayor Pro Tem. It appears to Mr . Weeks that Mayor Pro Tem Fulgham thinks he is the Council . Mr. Weeks said Mayor Pro Tem Fulgham quotes the regulations on one side and then turns to another and violates it. I have no ideal of what he is talking about . Does anyone on the Council know what Mr . Weeks is talking , about. The sixth item, Mr. Weeks said he attended a meeting where Mayor Pro Tem Fulgham said he called Mr. Brewster and 55 Mr . Hughes. Mr . Weeks said he believed Mr . Brewster when he said he did not receive a call from Mayor Pro Tem Fulgham that night, and yet Mr . Hughes sure got there quick, it sure looks like a set up to me. Dale said that Joe called Lowell Brewster, not that day, but two or three days before and asked him if he was needed , would he come back to the Council table. Mr . Brewster said no he did not want to return to a City Council and set in a chair for any reason. Mayor Pro Tem Fulgham also contacted Mr . Hughes and Mr. Hughes said yes. When this situation came up, Mayor Pro Tem Fulgham did not call Mr. Brewster that night, but he did call Mr. Hughes. Dale Fulgham then turned and addressed Mr . Trimble about his statement of not being called . Mr . Trimble, Joe called and left several messages that you never returned. Chuck do you play your calls back. Mr. Trimble had no comments. Dale said I have an answering machine, and I play all my calls back. The conflict of interest Mr. Weeks is talking about, I do not know what Joe has that would be a conflict of interest. Citizens are confused, Chuck will not raise his head and answer you. Calvin Westerhof will not give a straight answer twice. Calvin Westerhof, about Nov. 10th, Joe and I were both there when Joe asked you about this date and time and you said it would be okay. Citizens are confused and angry. Cecelia Woods 515 Woodhollow, as you know, I have been to most of the Council meetings. I would like for the Mayor and Council to set up a format for Citizen Participation. I do not feel it is the time to berate the Council or citizens who write to the newspaper and are not here to hear you. Mr . John Pierrel of 604 Stoneybrook said to the lady who just sit down, you need to look at the Constitution of the United States. What is everyone afraid of . If you do not think you have done anything wrong , then why not face the voters. You Council Members refused to uphold the City Charter and gave the dirty work to a judge. If you can' t stand the heat, get out of the kitchen. AWARD OF BID FOR POLICE CARS: There were eleven (11) bid packets mailed out and five bids received as follows : Dealer Unit Price Extended Price North Central Ford $11,779.00 $35,337.00 Newman Chevrolet $11 ,940 .00 $35, 820 .00 Lakeside Chevrolet $13 ,093 .00 $39 ,279 .00 Ray Chevrolet $11 ,109 .38 $33 ,328 .14 Doran Chevrolet $11 ,704.74 $35,114 .22 Councilman Westerhof asked about bids for 86 year models. City Manager Gus Pappas said the 86 year models had already been sold by the time the bids were sent out . Staff recommends the award of bid to Ray Chevrolet, which is the low bidder. Motion was made by Councilman Westerhof to 56 award to Ray Chevrolet in the about of $33 ,328 .14 for three cars. Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . ACCEPTANCE OF PRELIMINARY ENGINEERING STUDY ON WYLIE WASTEWATER TREATMENT PLANT: City Manager Gus Pappas said the agenda should have read acceptance of preliminary engineering study not approval . Councilwoman Donovan wanted to know if this is just accepting the preliminary study and not giving okay for work to be done. City Manager Gus Pappas said this is the study that we needed in order to go forth with our treatment plant. Now it is time to spend some time and money on the existing plant and not move on with the new plant until the City has more growth. Motion was made by Councilwoman Donovan to accept the preliminary engineering study on Wylie Wastewater Treatment Plant . Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . AUTHORIZATION TO ENTER INTO A LEASE/PURCHASE AGREEMENT TO PROVIDE POLYMER INJECTION SYSTEM FOR THE WYLIE WASTEWATER TREATMENT PLANT: Councilwoman Donovan wanted to know why we would lease instead of buying. Finance Director James Johnson said the advantage for Capital outlay for reimbursement. Mr . Santry and I have talked about this, on the life of the equipment it would be better to lease purchase than buy. It is really an issue of cash versus lease. Councilman Trimble wanted to know what the operating cost was. Mr . Johnson said $3 .00 to $4 .00 per day. Councilman Trimble asked about the report from CH2M Hill about the cost of the equipment or was it the polymer that cost so much. City Manager Gus Pappas said that Mr . Santry could give you a better report upon his return, but spending the money for chemicals to enhance our plant would be a reasonable expense. Polymer is going to go into the lines in the clarifier and in the drying beds . Motion was made by Councilman Westerhof to approve the authorization to enter into a lease/purchase agreement to provide polymer injection system for the Wylie Wastewater Treatment Plant. Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. COUNCIL DISCUSSION: Councilwoman Donovan wanted to know if the council could have copies of the maps showing the ETJ with Lucas and with Garland. City Manager Gus Pappas said the City did not receive Exhibit "B" from Garland. We know 57 what was to be on it, but did not receive a copy. City Manager Gus Pappas said there is a line that runs through Sachse and Wylie for Garland' s Power lines going to their power plant. Garland gave Sachse a letter stating that Garland would not exercise their ETJ rights. In Wylie' s area , Garland jumped our City Limits, you can not do this. That is why is it important to get these agreements for ETJ signed. City Manager Gus Pappas said on Lucas there is a small development at the tip of a peninsula called Trinity Park. Lucas annexation meanders considerable and is very strange. When the City of Wylie annexed up the lake, Lucas invited us to attend a Council meeting . Lucas thought we were taking in Trinity Park. We assured Lucas that we would not take in Trinity Park. Mayor Pro Tem Fulgham asked if this was the letter written to Garland in 1970 . City Manager Gus Pappas said yes. A group of citizens from Wylie went to the public hearing on this annexation of Garlands. Garland stated they were protecting their City from taxes on their power plant. There is a similar problem with City of Dallas, as their boundary is on Lake Ray Hubbard. Councilwoman Donovan wanted to know if the street program was moving forward or if staff was waiting on a decision from Council . City Manager Gus Pappas said there was no decision from Council . Councilwoman Donovan said that December 23rd was not a good date for a public hearing. City Manager Gus Pappas said that was the first date available and if letters have gone out, then we should go ahead . If the letter have not gone out, then we can change the date. There are 20 letters and this was the earliest possible date. Councilwoman Donovan said to send follow up letter stating we moved the meeting to January. Councilman Trimble said to move the meeting to January. Mayor Pro Tem Fulgham said since we brought up the Garland letter, I want the Council to know that I was upset when I saw the Garland Paper . I called the City Manager , and Assistant City Manager of Garland and asked them about the Garland/Wylie dispute. They reported that the paper called them and wanted to make something out of this and they told the paper there was nothing. Garland City Manager said Wylie and Garland have no boundary problems, that they needed to finish something that was started back in 1970 . City Manager Gus Pappas said he needed to ask Council if in your opinion we need to take action on or if it is within his authority to move days off for holidays. The personnel regulations state Thanksgiving the City will be closed for Thursday and Friday, Christmas the City will be closed for Christmas Eve and Christmas Day. This year , Christmas Eve and Christmas Day will mean the City will be closed Wednesday and Thursday and come back to work on Friday. I do not believe Friday will be a very productive day and I have asked all the department heads about closing Thursday 58 and Friday and working on Christmas Eve. Mayor Pro Tem Fulgham put this item on the next agenda and to also change the personnel regulations to say City Manager may designate days off for holidays so long as he does not exceed the number days listed, such as Christmas there are two days. AUTHORIZATION TO ISSUE TAX ANTICIPATION NOTE UP TO $100 ,000 . : Finance Director James Johnson said the staff is asking for your authorization to obtain a short term bank loan in anticipation of the taxes that will be paid to the City. Due to the change in the federal tax structure, property owners have until Jan. 31, 1987 to pay their taxes and still claim them for 1986 year. The Revenue generated for the first six weeks of the budget year is down from what was expected from ad valorem taxes, building permits, etc. The note will not exceed 60 days and staff is asking for this only if it is needed. Motion was made by Councilman Trimble to grant authorization to issue tax anticipation note up to $100 ,000 . Seconded by Councilwoman Donovan. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. AUTHORIZATION TO SEEK BIDS FOR NORTEX TANK SITE CONSTRUCTION MATERIALS : These materials are needed to complete the job at Nortex Tank Site in installation of the piping and meter vault and pump building. These are budgeted items, but since the amount is expected to be greater than $5,000 . , staff must, by law seek bids . Councilwoman Donovan said we had a meeting back in the summer, that a statement was made that at that time the equipment being bid was all that was needed. City Manager Gus Pappas said for the equipment, but this is for the pump house and the building materials to connect the pump house to the tank. The bid we awarded was the low bid and did not have this pump house included in it . Councilwoman Donovan asked about the gate value with a cost of $3,752.00 . Mr . Ron Homeyer from the engineering department said that was only one quote and the engineering department has received another quote of $1,800 . Motion was made by Councilwoman Donovan to grant authorization to seek bids for Nortex Tank Site construction materials. Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - in favor , Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor . AUTHORIZATION TO SEEK BIDS FOR INVENTORY ITEMS TO STOCK WAREHOUSE: Finance Director James Johnson stated that in the last 60 days, we have been setting up a warehouse in order to get better control on the parts that are used. This will also enable us to get competitive bids and hope to save the City some money and time on jobs by having the parts in stock and not having to find what is needed for 59 this job within a few hours . Motion was made by Councilman Westerhof to grant authorization to seek bids for inventory items to stock warehouse. Seconded by Councilman Westerhof . The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor , Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . AUTHORIZATION TO SEEK BIDS FOR MATERIALS FOR CONNECTING WATERLINE BETWEEN LAKE RANCH ESTATES AND PRESIDENTIAL ESTATES: This is a project to make a loop in this area and is a small project that will enhance the City' s own system. Councilwoman Donovan wanted to know if this is a high priority when we have leaks to fix all over town. City Manager Gus Pappas said it was a matter of timeliness . Presidential Estates is now under construction and now is the time to do this job since there is no one living there and we would not be cutting off anyone water supply. Councilwoman Donovan asked for a copy of the Impact Fund and all expenses. Finance Director James Johnson told he it was on the financial sheets passed out to the council each month. Motion was made by Councilman Westerhof to grant authorization to seek bids for materials for connecting waterline between Lake Ranch Estates and Presidential Estates. Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. City Manager Gus Pappas stated that the reason Mr. Westerhof did not abstain is that this is only granting authorization to seek bids not expending funds . When the bids are award, since Mr . Westerhof is employed by the owners of Presidential Estates, Mr . Westerhof will have to abstain. PRESENTATION BY FINANCE DIRECTOR CONCERNING THE PROPOSED INCREASE FOR WATER/SEWER RATES FOR THE CITY OF WYLIE: Finance Director James Johnson said this is something that Council has been talking about for months, the water and sewer rates need to be reconstructed and increased. I have given you the proposed rate in two plans, this increase comes from the fact that North Texas Municipal Water District has increased our price on water purchases. Mr . Johnson also stated that since our growth rate has fallen that it would be better to make more improvements to our existing plant and not build the new plant yet. City Manager Gus Pappas said that when the original factor was given to CH2M Hill , Wylie was growing at a faster rate and needed the new plant. Since that time, the growth as fallen off and our plant with improvements would be large enough at the present time. The rate increase for sewer would have been much greater had we been looking at a new treatment plant, than what this rate increase is showing now. If on the other hand growth picks up, than Impact fees will pick 60 up and we will be ready for the cost of the plant. Councilman Westerhof said that it would be a 12 .5% increase this year and next year possible another increase. Do you ^�* know what that increase will be. Mr. Johnson said no, not at this time. Councilman Westerhof said if growth stays in remission, will we see a rate increase like this. Mr. Johnson said yes , part of the problem with the water and sewer rates increase is that Wylie has always budgeted for small repairs and not for replacement of old lines and major repairs. This rate structure is a step up from what we have been doing in the past. The person who uses more water will pay more and the person who uses less water will pay less. This is just the opposite from what has been happening. In our current system, the person who uses more water is billed at a lesser rate than one who uses less water. Mr. Johnson also stated that without the Impact Fund, the water and sewer rates would have to be increased much more than what we are looking at right now. Mr. Johnson also stated that in his opinion, the council should raise the Impact Fee and raise it significantly. City Manager Gus Pappas said that if you leave the Impact Fees at their current level there will be considerable large rate increases to cover bond issues for capital improvements. Mr. Johnson said if Council feels the need for a workshop, to let staff know. This is not a simple thing to look at and does need to be studied . Councilwoman Donovan said a workshop sounds good. Mayor Pro Tem Fulgham said the auditors as well as the people in New York wants to see this rate increase. AUTHORIZATION TO PURSUE WATER/SEWER DEBT RESTRUCTURING: Finance Director James Johnson said this was only the authority to pursue the study and checking out the possibility of restructuring the water/sewer debt. Mr. David Medanich said that he is not asking for approved numbers but approval to prepare the reconstruction of these debts. Without this reconstructuring , water rates will have to be increased significantly over the next several years just to justify the bond issue on the new sewer plant, since that money, under current conditions, must be excess and available before the bonds can be considered . Motion was made by Councilman Trimble to grant authorization to pursue water/sewer debt restructuring . Seconded by Councilman Westerhof. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. AUTHORIZATION OF ADDITIONAL SERVICES TO TASK ORDER #1 FROM CH2M HILL: City Manager Gus Pappas stated that this task order is needed because of the shift that the slow down in growth cycle has caused which has place greater emphasis on improvements to the existing plant rather than speed on constructing the new plant . Staff recommends approval , for record, this will be paid for through Impact Fund. Motion 61 was made by Councilman Westerhof to approve the additional service to Task Order #1 from CH2M Hill with the maximum amount being $42,809 . Seconded by Mayor Pro Tem Fulgham. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor , Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . AUTHORIZATION TO RENT PADDLE SCRAPER FOR INTERIM PERIOD UNTIL SETTLEMENT MADE OF SANITATION CONTRACT AT THE CITY ' S OLD LANDFILL: City Manager Gus Pappas said the State of Texas wants some dirt work done at the landfill . The State is not interested in our problem with Moore, they just want the pit filled in that has been left open. Moore entered into a contract with the City of Wylie for the lease of the old landfill and the up keep of the road leading into the landfill . Since that time, Moore has found that the State is upgrading the permit the City had and wants a large number of improvements done to the landfill . This has changed Moore' s mind in keeping their contract with Wylie. They have dug a pit, then moved off the landfill and left it for us to fill in. The State of Texas views the open and unused pit as a pond and it is illegal to have a water bearing pond on top of an old landfill . The State of Texas hold the City of Wylie responsible and wants some of the work started. City Manager Gus Pappas said if we rent the paddle scraper, he would like for the staff to go ahead and level the old landfill, this will have to be done in the future. Councilman Westerhof wanted to know if we were going to rent. City Manager Gus Pappas said it was clearly in our opinion to rent this equipment for one year. The numbers are so large to rent, we thought of contracting the work out, but those numbers are greater . At this point, the rental for one year which has to have a maintenance agreement with it is greater than the purchase price. The lease is approximately $68,000. for one year. Cost of contracting this job out is estimated at $80 ,000 and this is only to fill in the pond. Councilwoman Donovan wanted to know if the staff was sure we would get the money back. Councilman Westerhof wanted to know how much of a fine would be. City Manager Gus Pappas said as much as $10 ,000 . per day. Councilwoman Donovan asked if the City had a front end loader. City Manager Gus Pappas said it does, but the front end loader will not handle a large load at a time. Councilwoman Donovan said time was not the issue, why not use the front end loader. City Manager Gus Pappas said the bucket is on a back hoe and we would be taking the back hoe off another job to do this job. City Manager Gus Pappas said that Moore was stuck with the low rates for refuse collections until they pay what they owe the City. Finance Director James Johnson said he told Moore the landfill issue has to be settled prior to their rate hearing for a rate increase. City Manager Gus Pappas said staff is looking at renting a used piece of equipment for one year. Finance 62 Director James Johnson said it might be better to buy this used equipment and then sell it and bill Moore for our loss. City Manager Gus Pappas asked Council for authorization to rent with maximum dollar amount. City Manager Gus Pappas said the staff does not recommend the figure of $68 ,000 . that they received today. Motion was made by Councilman Westerhof to grant authorization to the staff to look into leasing the equipment with it not to exceed $1500.00 per month for one year. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Pro Tem Fulgham - in favor, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . There being no other business, a motion was made to adjourn with all in favor . e� 4�' �t �� � 1 S EAL ulg a , or Pro Tem ATTEST: 'g! /00- Caroly n ty Secretary