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10-28-1986 (City Council) Agenda Packet AGENDA SUMMARY CITY COUNCIL TUESDAY, OCTOBER 28, 1986 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections. ITEM NO. 2 - PROCLAMATION FOR SCHOOL VOLUNTEERS DAY - This request is made by the principal of Hartman Elementary School to proclaim November 12 as "Salute to School Volunteers Day" . ITEM NO. 3 - AUTHORIZATION TO JOIN NATIONAL LEAGUE OF CITIES This item is placed on your agenda in response to a request made during the Council discussion period at the last Council meeting. The annual cost for membership at our current population level is approximately $590 .00 . ITEM NO. 4 - PRESENTATION BY CITY SECRETARY OF PETITION FOR RECALL - This item is in accordance with the provisions of the charter Article VI , Section 7 , paragraph 2 , which calls for the City Secretary to present the petition for recall to the Council certifying its sufficiency. ITEM NO. 5 - VOLUNTARY RESIGNATION BY COUNCILMEMBER - This item is placed on the agenda in response to provisions of the Charter , it allows the member involved the opportunity for resignation. ITEM NO. 6 - SET DATE FOR PUBLIC HEARING IF REQUESTED - This item is also in response to provisions of the Charter . The Charter grants a five day period in which the Councilmember involved can decide whether or not they choose to have a public hearing . This action would set a date for that hearing if the request is made. ITEM NO. 7 - CALL ELECTION FOR RECALL - As above, this item is placed on the agenda relative to the petition for recall . ITEM NO. 8 - APPROVE ORDINANCE SETTING $15 ,000 TAX EXEMPTION FOR PROPERTY OWNERS OVER 65 - In preparing the City' s Code Book of Ordinances, we discovered the ordinance providing for a tax exemption for property owners over age 65 has not been amended by ordinance since the initial passage. The exemption has over the years been increased to $15 ,000 but the ordinance had never been amended to reflect that amount . This is primarily a housekeeping matter for the City. ITEM NO. 9 - APPROVE AMENDMENT TO FEE ORDINANCE SETTING AMBULANCE SERVICE FEES - The fees reflected in this ordinance are a result of a meeting between the Chief of Police, Bob Hodgkins of the Ambulance Service and myself . We have tried to cover most contingencies; however, we realize this ordinance may have to be amended after the service has operated under the auspices of the City for a few weeks. Bob has been employed by the Allen Ambulance service and we have relied on his experience in establishing these charges. Of note, is the fact that we have provided for residents of the City to have a cheaper rate both for emergency and transfer runs . The staff justifies this action since it is their taxes which will ultimately be called upon to support any shortfall in the operational expenses. We have also been informed that because of the various categories which we are suggesting, the transport service which we hope to encourage with these fees will actually be cheaper than it has been up to now. ITEM NO. 10 - CITIZEN PARTICIPATION - Not an appropriate area for staff comment . 1 ITEM NO. 11 - PRESENTATION BY HOMER MINYARD - Mr . Minyard has again requested to be heard by the City Council in his efforts to have his property de-annexed from the City of Wylie. His property, either by his own initiation or by initiation of the City, is being considered for annexation into the City of Sachse . The property owner of record as shown by Central Appraisal in Plano was Kevin Burns at the time we annexed this property. We checked and found that Mr . Minyard was not listed as regaining the property until several months after the annexation had been complete. Mr . Burns , after being notified of involuntary annexation steps, signed a petition for voluntary annexation and a petition for zoning which the City granted. ITEM NO. 12 - AUTHORIZATION TO GO OUT FOR BIDS FOR AMBULANCE This item is included in the approved budget for fiscal year 1986-87 . The staff only needs your approval to advertise for bids for this item. ITEM NO. 13 - AUTHORIZATION TO GO OUT FOR BIDS FOR SUBURBAN This item was included in the approved budget for fiscal year 1986-87 . The staff needs your approval to advertise for bids . ITEM NO. 14 - COUNCIL DISCUSSION - Not an appropriate area for staff comment . 2 CITY COUNCIL MEETING MINUTES OCTQBER 14, 19B6 7:O0 P. M. The Wylie City Council met in regular session on Tuesday, October 14, 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 , Charles Trimble, and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Engineering Staff I . W. Santry, representatives from the Wylie News and Plano Star Courier. Mayor Pro Tem Fulgham called the meeting to order and gave the invocation. APPROVALES: There being no corrections or additions to the minutes, a motion was made by Councilman Trimble to approve minutes for September 23, 1986. 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 . OGRjNhygQhnENDING ORDINANCE 81-15 This amendment to the Fire Code Ordinance has been put before you at the request of the Fire Marshal Lester Gayler. The City has been experiencing an unusual number of fires that are believed by the fire marshal to be arson. The staff and Mr. Gayler have discussed this and feel that the rewards for information leading to the arrest and conviction of any person found guilty of arson be set at $250. 00, $500. 00 and $1 , 000. 00. This ordinance would allow the City Manager and the Fire Marshal to grant the reward in accordance with the type fire, and the loss amount involved in the fire. The $1 , 000. 00 reward would go to eye witness accounts only. Motion was made by Councilman Westerhof to approve the amendment to the Fire Code Ordinance setting reward monies at $250. 00, $500. 00 and $1 , 000. 00 and that the City Manager and the Fire Marshal decide which reward should be rewarded. 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. APPROVAL OF ORDINANCENANCE Q4- 1 - THE FEE DRDINANCE- FOR-.THE�-CIT`/-{}F_WYl=I��-{�ST/�BLI{�fI{�G_SPECIFIC FEES FOR THE OPERATION OF TAXICABS: The City adopted Ordinance No. 85-51B regulating the operation of "vehicles for hire" . The Code Enforcement Dept. has had some preliminary inquiries about permits for operating a taxicab in Wylie. Although the ordinance was passed, there was never a fee set for this permit. Since the Code Enforcement Dept. has been having inquiries, staff feels now is the time to set the fees for this permit. The staff recommends a fee of $50. 00 per unit per year for street rental charge and $05. 00 per driver per year for the driver permit. Motion was made by Councilman Trimble to amend the fee ordinance to read that a fee of $50. 00 per unit per year for street rental charge and $25. 00 per driver per year for the driver permit. 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. / � CC AL OpTION ADDITIONS 2, MOTOR VEHIj_'LE _TAXAT The City of White Settlement has written asking for your support of local option additions to Chapter 152, Motor Vehicle Taxation Laws. Basically this resolution calls for a small percentage of the Motor Vehicle Sales and Use Tax be credited to the City Allocations Division of the State Comptroller of Public Accounts for monthly distribution to the originating city. The staff has prepared a resolution which if adopted will be forwarded to the Chairman of the Resolution Committee of the Texas Municipal League to be presented to the Texas Legislature. Councilwoman Donovan stated that at the TML conference this item was voted on and passed. Councilwoman Donovan stated that she voted for it and represented the City of Wylie. There was no motion on this item. DI NYNQg,fPB,jY9 CITY OF Wyl=IE1 The Water and Wastewater Pollution Control and Abatement Ordinance was drawn up by TALEM, Inc. . This is one of the first request of TALEM, Inc. and is a better and more easily enforced ordinance. The passage of this ordinance is necessary in order to begin to control the discharges from within our City that are having a negative effect on the sewage treatment plant. The Texas Water Commission and State law both require and desire that the City have such an ordinance and begin to enforce it . Staff recommends passage of this ordinance with two changes, one being that the language pertaining to a certain named person be changed to reflect ''The City" , this will keep the council from having to amend the ordinance whenever staff changes are made. Seconded that the permit fee be set at $100. 00 for waste hauling permits and for major industrial /commercial users instead of the $10. 00 and $25. 00 fee. This is an annual fee. A motion was made by Councilman Trimble to approve the pollution control ordinance for the City of Wylie with the permit fee being set at $100. 00 annually and the language referring to specific persons be changed to "The City" . 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. APPROVAL THE AC1UI MBULANCE SERVICE AND This document was prepared by Fulbright and Jaworski for your review and approval in order to finalize the contract for acquisition of the ambulance service and equipment , a new ambulance and the new Chevrolet Suburban for the Fire Department. Finance Director James Johnson said these figures were approved and are apart of the 86-87 budget. This will set up a transfer date of October 30, 1986 with the Allen' s. Motion was made by Councilwoman Donovan to approve and execute the finance contract for the acquisition of ambulance service and other vehicles. 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. ELATI ZONES ON W. BRO Mr. I . W. Santry has been working with the Traffic Section of the State Department of Highways and Public Transportation relative to the status of the flashing lights requested at the Birmingham Elementary School and other school zones. After a meeting with the above, Mr. Santry reports the following: 1 . the flashing lights for the Birmingham Elementary School Zone are part of a construction program and � will be accomplished during the next year . The flashing lights should be in place for the school year 1987 88; 2. The non-flashing school zone signs for the Birmingham Elementary School are to be extended west and east to provide a zone length of 1000 feet. It will also provide a 20 mile per hour limit ; 3. There will be no change in the 25 mile per hour school zone on State Highway 78; 4. The school zone sign on East Sonte (FM544> will be moved just East of Thomas Street and West of Dogwood Drive for greater protection; 5. The overall speed zone along East Stone Road (FM544) and South FM 544 is under review and study by the above board and will be adjusted as to the location of the 30, 40, and 55 mile per hour sections. The ordinance is recommended by the Engineering Staff to be approved. Councilwoman Donovan wanted to know if a group of parents could help speed up the flashing lights, if they would call the State Department and voice their concern for the safety of the children. City Manager Gus Pappas said there are a number of flashing lights needed in Collin County and the State is grouping these together for bid and installation this summer. Mr. I . W. Santry said calling the State would not help speed up this project. Motion was made by Councilwoman Donovan to approve and sign ordinance for school zone for West Brown Street (FM 3412) . 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. CITIZENS PAR There was no participation from the citizens that were present. AUTHORIZATION TO GO Cit. a : These are budgeted items but the council must approve the expenditure to initiate the bidding process. The City has been contacted by at least two dealers who have on hand new, police package vehicles which are the last model year but are new vehicles which can be bid at a lower cost and can be delivered in a matter of a few days after the award is made, that is, if the cars are still available. Motion was made by Councilman Trimble to grant authorization to go out for bids for police patrol cars. 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. OR F This item was bid out with only one bid being received. There were two bid packets mailed out. The one bid was received from Fred Huber & Associates in Humble, Texas and is in the amount of $9, 398. 40. Staff would like to point out that the bid states that there is an oversize charge for chest sizes over 46" . A size 48 50 runs an extra 10%. The same holds true on the overall . A size 46-50 waist carries an additional 10% charge. Motion was made by Councilwoman Donovan to award the bid to Fred Huber & Associates in Humble, Texas. Seconded by Councilman Trimble. The vote was as follows: Mayor Pro Tem Fulgham - in favor, Councilman Trimble in favor, Councilman Westerhof - in favor, and ci.:t:?C.tl'"ti:::_ favor. This motion carried f (_I with t:.l...t Councilwoman Donovanin a 1. I. in favor. F':WF'tRD Of= 5l1) f::f f:;: t::`E,V:I:f'.!f; OF ADDITIONAL PARKING LOT FOR SOUTH. WE_.I E::: FIRE `F's:-t'T•I O N c }•I..i c, City Staff received 6 bids on the parking lot +-t Y- t}"i t:•_' South Wylie 7.r e Station. Staff has two recommendations, first, to reject all bids because of the base of t f e slab c " i t h e slab needs to be thicker, or second„ the City award the bid to ._ a crew t••J prepare F•.4.7�-(r-�::� the t t... base e_7 and of - 1 c::( the . low bidder" _..r Teton Constructions Lewisville, who(.? �. t'_I",e� 1.(:?�',( I::: :i.==tl t,•. base ' The e�' additional cost (=7�': the E.' work •f:c�+r` the� City'C.'`./ will.. .. be approximately 00._. 00. (::oune:::i. .l.man Trimble wanted to know if you added the base to the bid would it be more than the $:I. ., 000 0i. Mr. I . W. Santry said yes. Motion was made by Councilman Trimble to award the bid to Teton Construction 1 have the City do the base work F i '... _i... t�C?I'-( :::�'t'_i,..t...i:::'t:.7.i�+f"t and+. The ., Seconded k_i`•✓ (..:(::?t..t I'"t C:::L .I.t.`J C?m it fi Donovan. �} vote 4•J i-t s as f_..}. .1. w`- w .. .... :t.4...t MayorMayorProC? F e_•tr, }:'t_tl.("afic'.tfrt _ 7.r'i favor,., Councilman Trimble - .4 t, . .. favor, Councilwoman favor , Councilman t•,e__; eT�r l'i t^:+t "' 7.1.1 and 7o in fcavor_. This motion carried with all ir- T'c"a.vor . f;WiiFI:i OF BID FOR PIPING AND PUMPING EQUIPMENT AND CONSTRUCTION OF r•t METER VAULT AND PUMP HOUSE AT NI_IF:i..F-:`;: GROUND STORAGE SITES The City Staff f received two bids on this item as i"ollcwst: Tim Dawson Utility i_ ._J W •_+.J: ., +_7 0 Contractors Total r �i. I '�•�. Flowers Bros. Equipment -c .t 3 0 :n.._t t_t. Company,tYi F' Inc. Total -:i(: $:. .. ,+ J.,W The Engineering Staff recommends the award of: the hid to Tim . _'f Dawson Utility Contractors ofDallas, Texas J.1..7 t:.}i ei' amount tJ.' 557 00. t ' s::: _ 1 _ ?c_it- f t::.: t%^N•t.:i, ._,_.! . t'r}t_?'.:i{:.+i..i V•Ji::t � r'1ic�de� k:7;% t_,i-+t_tf'ir:.i. n"ti_"(i'1 t++ai:.._ G:•i'"hiC�._ ri i ' ' - piping ng and pumping equipment and award 't_t,er bid 7.{:_ $r+r. l::I't r• _ _ _ construction of a meter vault and pump house to F i m Dawson Utility Contractors in the amount of $45, 55.r. 00. Seconded by Councilman Trimble. The vc:7te was as f o.t l owe g Mayor Pr'c? Tam 1'"i-i 1.ght cliri .._. in favor, Councilman Trimble in favor, Councilman Wesst:ertic-i' ""' in favor, and Councilwoman Donovan in favor This motion carried with all in favor. APPROVAL OF REIMBURSEMENT OF OVERS I:Z.I INS COSTS FOR 12 INCH WE:iT.EF; k...INIE IN WE:STGATE PHASE 'I ° The recommendation from the engineering staff to reimburse the developers of Phase Addition s , s _... Westgate F-'}'l s:a.iS r�- 1 f{w+Y" costs�.:n't:'i• t..!f' t..!v`r:1 r=7.'.'_].r i i:i requested by the City 12 inch waterline. The charges have been reviewed and t i : amount n_ _ t : being recommended by staff is :I.2., i'?+_>2., 40.. Motion was made by Councilwoman Donovan to approve k t e reimbursement of c v e t °i f g costs f c r I 2 inch waterline in Westgate F'I'iesa 1 for the amount a-f $12 is!02... 40 . Seconded by Councilman Tri.mit3le. The vote was as followsg Mayorm Ft_tl.than'. "-' in favor-., Councilman Trimble - in .. : {-ca'V ia!' , Councilman !'.I e�_fic•'t.:e_7 Y-ti�� 1.L.t favor, cl I`i i Councilwoman Donovan " in favor. This motion carried with all in favor. ACCEPTANCE OF DEDICATION OF ORPNAMENTAL. I:7OWINTTOWt'•.I STREET. LAMPS:: When the ornamental street lights were :ii"s.tall.ed in the downtown area it w a agreed that _ " City would accept the dedication and be responsible 'for the maintenance end . _ operation.... oftheThe 1 t:: City 1"'t tii 5ii. been performing t:.'t 1. f�. function in actuality,a i a t y. t h e formal dedication t{c-a t!. not been made and accepted. The C:i.'I:y staff: i`ies received a letter from the Chamber of Commerce ce and the Downtown Merchants Association requesting :_ i r:_' Council to accept dedication of the c:f"t"'tament:asl downtown street lamps. Motion was maciea by Trimble Councilman to approve dedication of ornamental downtown street lamps. Seconded L...v Councilwoman D('.:?n{:7`,:aan„ vote wasas fc: i i ows" Mayor o ... • � . r ._.. favor, t r:� `::(.� _t;• ...;.. ..,_...u.:,. �:(y'i:.7 r -r(: ��„t t..t t. t�-( n .t.f} Councilman Trimble in favor, Councilman Westerhof in ( favor , and Councilwoman Donovan - in favor. This motion carries with all in favor. DECISION TO EMENTS IN 8MOUN1S_1gSS THAN $5 .O0� hi Ts request is to not send out tax statements for amounts less than $5. 00, because the cost of postage, handling, etc. is generally considered to be more than the actual revenue gained. Motion was made by Councilwoman Donovan to grant authority to the city staff not to send out tax statements in amounts less than $5. 00. 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. ET Y OWNERS OUTSIDE CITY L-IMITS FROM TAX ROLL: Each year there are property owners- outside the City limits who are inadvertently included in the City' s tax rolls. The City Tax Assessor/Collector needs your authorization to delete these names from the roll . Motion was made by Councilman Trimble to delete the property owners outside the City Limits from the tax roll . 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. CIRCLE� When the city staff sent out questionnaires to the adjacent property owners, the City was thinking in terms of speed limits, speed bumps, or a one way designation. The majority of the replies wanted the alley barricaded at one end to eliminate through traffic. The city staff has written to the City Attorney asking if that is legally an option, he has advised us that there are certain steps and procedures that must be followed. If it is the Councils decision to solve the problem in that manner, then the staff will proceed with whatever steps are necessary. Councilman Westerhof does not believe that speed bumps would slow the traffic down. Motion was made by Councilman Westerhof to block off the alley way at Butler Circle. 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. CON2I�}ER F(]R-J{}INT_1�ORKSH[D� W�]l�� ST. PAUL RELATIVE TO- WASTEWATER TREATMENT_�AGREEMENT: For some time there have been discussions between the cities of Wylie and St. Paul for a wastewater treatment agreement. This week, the city staff received a letter from St. Paul requesting this workshop. Mayor Pro Tem Fulgham said to put the workshop on a regular agenda, if it is not to heavy of an agenda. City Manager Gus Pappas said he would forward to each Council Member copies of all the correspondence pertaining to this matter. Councilman Trimble asked Larry Allen LIES! the fire over the weekend. Larry Allen said they arrived at 1 : 38 A. M. one of the neighbors advised at least one person was in the house. This neighbor helped two males who had run out of the house, and then went to try and get the others out. The neighbor then went back to the front when he saw he could not get into the house, the other two parties had already left. Councilman Trimble asked if the City had a full time fire department would this had helped in controlling this fire. Larry Allen said a paid group would have been there in about two minutes less than what the voluntary unit were there in. Councilwoman Donovan wanted to know whose duty it was to check the fire hydrants. City Manager Gus Pappas said that both the fire department and public works should check the fire hydrants. The fire department should check them so they will have confidence in their equipment and public works as a follow up. The most effective program is where both have checked the hydrants. Councilwoman Donovan wanted to know if the street sweeper could run in the downtown area prior to the street dance and could public works mow on Highway 78 and by the fire and police station. City Manger Gus Pappas said CH2M Hill has submitted another report for the Council to review. They would like Council ' s responses by the end of this month. Mayor Pro Tem Fulgham commended public works for the water line they have been putting in behind Hilltop. There being no other business, a motion was made to adjourn, with all in favor. ------------------------------ Joe Fulgham, Mayor Pro Tem ATTEST: ____________ ___ ------------- Carolyn Jones, City Secretary 1 /-0 MINUTES PLANNING & ZONING COMMISSION CALLED MEETING TUESDAY, OCTOBER 7, 1986 the Planning and Zoning Commission Of the Lity of Wylie, Texas met in a Called Joint Meeting with the I-arks and Recreation Board on October 7 , 1986 in the Community Room at 800 Thomas Street. 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: Chairman Kent Crane, Vice-Chairman Brian Chaney, Fred Ouellette, Ken Mauk and Bi11 Chapman. Ben Scholz was absent. Representing the city staff was Gus H. Pappas, City Manager ; Roy Faires, Code Enforcement Officer-; and Amanda Maples , Secretary. The meeting was called to order at 7: "20 P. M. by Vice- Chairman Curtis Hale of the Parks and Recreation Board. ITEM NO. 1 - CONDUCT WORKSHOP WITH PARKS & RECREATION BOARD RELATIVE TO THE PARKS MASTER PLAN AND THE PARK DEDICATION ORDINANCE - City Manager Gus H. Pappas opened the discussion saying that in meeting with Mr. Don Witt , Superintendent of the Wylie School District , the City and the School District have been working to combine in long range planning whereas the School District and the City would duplicate the use. of land for the purpose of ball fields. The School District in the past has had some concerns in this area because the School District and the City do not always have the same needs. One example of this is a fire station next to an Elementary School . Mr. Witt feels that a fire truck is an attractive nuisance to a small child. Also, an Elementary School does not have the need for a large number of ball fields therefore ball diamonds would serve the City s purposes more than those of the School District. the City feels that through long range planning there would be enough Middle Schools and High Schools in the future to satisfy the need for ball fields. The City is working on plans for several different configurations of playing fields that would serve the City 's purposes. We will present them to the School District and as they decide what needs the school has, they can see if one of our plans will meet their needs as well . The City would participate in the purchase of the land and the development of the field. The City would install a restroom which it would maintain and would share in the cost of a parking lot. Mr. Pappas went on to say that he felt that a quod line o+ communication had been opened with the School District' Through long range planning , school sites can be designated in undeveloped areas and as developers want to subdivide they can be urged to sell land to the Schools at a reasonable price. In this way long range planning will benefit both the City and the School District. Mr. Don Witt , Superintendent o+ Schools, addressed the members of the Planning & Zoning Commission and the Parks and Recreation Board saying that he had some very productive meetings with Mr. Pappas concerning joint long range planning between the School District and the City' lhrough joint efforts with WSA the District has been able to provide our schools with nice gymnasiams and the School Board wants to continue the practice. Upon visiting with Piano l learned that the City can help the School District obtain property from would be developers if the City knows of a need for a school in that area. He went on to Eay that if we would pattern ourselves after anyone Plano would be it. In Plano, if the School District needs to purchase 1z acres for a school , and the City needs to purchase 5 acres for a ball field , they jointly purchase property such that the City would purchase 7 acres and the School District would purchase 10 acres. The City would put up a back stop on its 5 acres and the School District could use it , however they maintain separate deeds to the property. Several months ago the School Board hired a planner to help us locate school sites. He located 4 school sites for us and we have now obtained them. We plan to work with the City on obtaining others. I know that the School Board approves of this concept. We can cut expenses and benifit both the City and the School District' Mrs. Sewell asked if the City would be participating in the newly obtained school sites. Mr. Pappas said that these sites were purchased before initiating this program but if the City can come up with something small enough , maybe something could be worked out. However , this program's benefit would come in the next group of new school sites. We have taken a map from the School District and moved some prospective school sites to larger tracts of land because dedications are more likely to come from large tracts than small ones. If the School Board approves this, we will add it to our land use plan map. Mrs. Sewell asked if the Parks and Recreation 8oard should consider the new school sites in their planning. \/ � Mr. Pappas said that we would be guessing at this point but when everything is worked out we could send some drawings to the School Board and see if something could be worked out. The School Board is planning for either 22 or ZB new schools and there will be lots of opportunity for this program in the future. Chairman Kent Crane stated that the Planning and Zoning Commission is open to discussion from the School Uoa,d on zoning issues that would pertain to the schools' We would like to invite representatives from the School Hoard to come to our meetings and give us some input. One example ot a question that we had was the re-zoning of 2F to PD around the Middle School ' Mayor Pro-Tem Joe Fulgham commented that he was impressed with the planning of the School Board and their sharing them with us. I am very impressed with Plano and would like us to pattern ourselves after them. Plano utilizes their power easements, all parks are along that easement they use it as a parking lot and the ball fields are beside that. l would like to see us incorporate something like that into our plan. Chairman Kent Crane said that this document would provide seed money to get our Parks Department off to a good start for the future. Mr. Faires gave the Parks and Recreation Board a brief explanation of the proposed ordinance and its legality in the Supreme Court. Chairman Kent Crane explained that under this ordinance when money or land is dedicated for a park it must benefit the people who will be using the park. Mr. Faires said that is why a Park Master Plan is incorporated into the Ordinance, to show that everything is separate. Page 3 section 3c of the ordinance states that a developer will either dedicate acreage or pay $125. 00 per dwelling unit and page 4 says that we will spend that money within 5 years. Mrs. Sewell asked what we would do for money in 5 years when that money is spent. Mr. Pappas said that when we reached that point we would begin to look at bond issues but this is a good starting point. Mrs. Chapman asked if this would apply to Home Owners Associations. �r Mr. Pappas said that this ordinance wr;L'ld probably do away with HOA because the dedication would be required to be a public dedication. The only reason someone might want a HUH is for exclusivity. Mrs. Sewell stated that all parks don 't require the same equipment and she would hate to be forced to spend money in 5 years that is not needed. Mr. Pappas explained that the money would be spent thru design, and the parks would be designed to spend the money at build out. Mrs. Chapman asked Mr. Pappas if he had discussed this ordinance with any developers. Mr. Pappas replied that he had not. His comments were based on previous experience. He also stated that the long term, best interest of the City had to be kept in mind. Most developers will feel that parks should be taken care of out of the general fund and from bond issues. Chairman Kent Crane said that the Planning and Zoning Commission had discussed the issue of fairness, imposing an expense on new commers that old residence would Beni f i t from. We talked about figures from $500. 00 00 per dwelling unit and arrived at $22 . 00 per dwelling unit. We felt that in all fairness bond issues would require the rest of the population to contribute for the parks. Mr. Morgan said that the City of Allen was a good example of a city that is not planning for their parks. those people have to go elsewhere to play sports. Chairman Kent Crane said that on the Planning and Zoning Commission we always try to look beyond today, into the future and try to meet the needs of the City at build out. Mrs. Sewell stated that the fact that we have growth and that we are planning for it should say alot to developers in Wylie. Mr. Pappas said that this years budget had $22,500 alotted for payment of bonds for improvements to the park that we already have. Chairman Kent Crane said that he didn 't want the general fund to back off just because this ordinance would produce another money source. Mr. Pappas said that this ordinance protects that money and the general fund would be used for... things that the money generated from this ordinance would not cover. Fred Ouellette said that he found 2 typographical errors in the ordinance: section 3A, the last sentence should read "Non-Payment , " and section 8 should read "published one time. " Mr. Pappas said that school sites were taken out of section 4 of this ordinance and now, considering our plan with the School Board, they should be put back in. Also the rarks and Recreation Board should be included in section 4. Mr. Faires stated that we also needed to put back into We ordinance that a government entity would be able tu purc|,ase land at the appraised value. Chairman Kent Crane didn t feel that this would be fair. He also wanted to check the previous minutes to see i + L|/e per acre price should be changed to per unit price. This ended the discussion of the Park Land Dedication Ordinance with the Parks and Recreation Board. ________________ --------------- Kent Crane, Chairman Planning & Zoning Commissioo Respectfully Submitted: Amanda Maples, Secretary .� ^' • :'? "$''7,r ... ..L. -R.,a.'` +1�i: 'T'.s?„ t A� '"kl-».�i.; .3 011ice oe the .Mayor II. ttr, Gixas . III rottamatton C )s 4 WHEREAS, the success of our schools stems from the competency and dedication of their instructional staffs, combined with the commitment of students, parents and patrons; and WHEREAS, the City of Wylie recognizes that unpaid citizen volunteers in hundreds of classrooms contribute daily to the enhancement of the quality of instruction in our schools and thus to the development of an educated citizenry; and WHEREAS, more than 100 volunteers generously donated their expertise and thousands of hours of their time to Wylie Independent School District schools during the 1986-87 school year; and WHEREAS, these caring citizens have thereby given immeasurable moral encouragement and tangible instructional help to thousands of students and teachers; and WHEREAS, the magnitude, quality, and selflessness of their contribution +, to education merit high appreciation and gratitude; NOW, THEREFORE, WE PROCLAIM NOVEMBER 12, 1986 AS SALUTE TO SCHOOL VOLUNTEERS DAY 0 Jn witness C17/1EZEof J nave l2EZEUnfo set my /nand ,) , ',, , tt and caused tfie seat of tI is city to L'e affixed. '��K� Pro Tem It� ' yoZ Joe Fulgham, Mayor Pro Tem • Late October 28, 1986 r 4 PPIN';iN. CO., ©'HAM., AL. TO: MAYOR AND CITY COUNCIL FROM: Carolyn Jones, City Secretary DATE: October 22, 1986 RE: Petition for Election for Recall of Councilwoman Sandra Donovan The Affidavit of Petitioners Committee was submitted to me on September 30, 1986. This petition consisted of 34 valid signatures of voters who voted in the August 9, 1986 Council Election. In this election, there were 266 voters, the petitioners committee was required to have a minimum of 27 names on the Petitioners Committee. The City of Wylie as of September 30, 1986 had one thousand nine hundred sixty-four ( 1 , 964) qualified voters. The Petitioners Committee was notified that there would have to be 491 signatures on the Petition for Election for the Recall of Councilwoman Sandra Donovan. I , Carolyn Jones, City Secretary of the City of Wylie, have certified that five hundred forty-nine (549) signatures have been turned in to my office and five hundred thirty-four signatures were qualified voters as of September 30, 1986. The Petitioners Committee has sumbitted the Petition for Election in thirty (30) pages for the Recall of Councilwoman Sandra Donovan containing the number of required signatures, and said Petition also has attached to it the charges forming the basis of the Recall Election. I have found the Petition for Recall to be sufficient and to comply with the City Charter of the City of Wylie. In checking with the City Attorney, I have been informed that the Council is to review the Petitions sufficiency as to form and verify that the City Secretary has certified as to its validity of the signatures, and that if the Petition is properly certified as sufficient, the Council is to call the election. A representative from Mr. Larry Jackson' s office, our City Attorney, will be present at the Council meeting. CC: Mr. Larry Jackson � �� Clpr'lr 01F X7VY'T_j13M 114N. BALLARDST. -- P.O. BOX 428 VVYL|E.TEXAS 75O98 (214)442'2236 STATE OF TEXAS : COUNTY OF COLLIN : I , Carolyn Jones, City Secretary of the City of Wylie, Collin County, Texas, do hereby certify that the petitions received from the Petitioners Committee are true and correct for the Petition for Election for Recall of Councilwoman Sandra Donovan and do declare that there are five hundred thirty-four (534) valid signatures of the qualified voters of the City of Wylie, Texas. In testimony whereof , I have hereunto signed my name and caused the Seal of the City of Wylie, Texas to be affixed this the 22nd day of October A. D. , 1986. OF mmn SEAL Caro��n�uo ,' City Secretary ( ' � W , $ l` SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner,Jack, Ballinger & Nichols) ALFRED SALLINGER Attorneys & Counselors at Law PRESTON CENTER OFFICE H.LOUIS NICHOLS 1800 Lincoln Plaza 8222 Douglas Ave.Suite 707 LAWRENCE W.JACKSON 500 N. Akard Dallas,Texas 75225 TIM KIRK (214)692-1218 ROBERT L.DILLARD III Dallas, Texas 75201 ROBERT D.HEMPHILL (214)954-3333 ROBERT E.HAGER PETER G.SMITH WILLIAM C.HAYS.JR. ROY L.ARMSTRONG OF COUNSEL DAVID M.BERMAN October 6, 1986 ROBERT I..DILLARD.JR. JOHN F.ROEHM III WILLIAM MAHONE'.JR. BRUCE A.STOCKARD Mr. Gus H. Pappas City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 Re: Recall Petition Dear Mr. Pappas: This is to follow up my telephone conference with you concerning your letter of September 30 asking me to review the form of the Recall Petition presented to the city. I have reviewed both the Affidavit of Petitioners' Committee and the Petition for Recall. These instruments do comply with all the requirements of the Home Rule Charter and I approve them as to form. If you have any question, please give me a call. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK bt DILLARD By Lawrence ackson LWJ/sb /c STATE OF TEXAS ) Petition for Election for the : PAGE NO. ) Recall of Councilwoman Sandra : COUNTY OF COLLIN ) Donovan The undersigned , as duly qualified and registered voters within the City of Wylie , Texas , have been given the oppor- tunity to read the "Charges of Incompetency and Non-Compli- ance with Wylie ' s Charter by Councilwoman Sandra Donovan" at- tached to this Petition and have voluntarily signed this Petition for including said Recall issue in and upon the next municipal election as may be held in Wylie and in accordance with the Statutes of Texas and Charter of Wylie : Voter Printed Address (Num- Signature Date Reg . # Name ber & Street) Signed 1 . 2 . 3 . 4 . 5. 6 . 7 . 8. 9. 10. 11 . 12 . 13 . 14 . 15 . 16 . 17 . 18 . 19 . 20. Date ( of Petitioners ' Com- C#rolyn Jones , City Secre- mittee Affidavit Filing) tary AFFIDAVIT STATE OF TEXAS ) COUNTY OF COLLIN ) BEFORE ME , the undersigned authority , on this day person- ally appeared (person who circula- ✓ ted Petition) , who being duly sworn , deposes and says: "I per- sonally circulated this Petition containing the signatures of persons . I witnessed each signature after having ver- ified each signer ' s registration status . I believe that each signature is the genuine signature of the person whose name is signed and that the correct date is affixed opposite each signature . I gave each signer the opportunity to read the full text of the attached charges against Councilwoman Donovan . " SWORN TO AND SUBSCRIBED BEFORE ME on this day of , 1986 . Name & Title of Officer Ad- Signature of Officer Administ- ministering Oath . ering Oath . /7 EXHIBIT "A" CHARGES of INCOMPETENCY AND NON-COMPLIANCE with WYLIE 'S CHARTER by COUNCILWOMAN SANDRA DONOVAN The grounds and charges for the removal of Mrs . Sandra Donovan as a member of the City Council , Place 6 , of the City of Wylie by Recall are pursuant to ARTICLE VI , Section 1 of the Home Rule Charter of the City of Wylie , Texas . These grounds and charges are as follows: 1 . Mrs . Donovan violated Wylie 's City Charter (Art . III , Sec . 8 . C . and Art . IV, Sec . 7 . A. ) by giving a direct order to a City Employee at various times during the month of May, 1986, by ordering a member of the Police Department to 'pick her up at her residence and take her for a ride around the City . Further , Art . III , Sec. 6 . B. (2) of said Charter pro- vides for the express forfeiture of office when any provision of Sec . 8 of said Art . III is violated by a councilman (or mayor ) . 2 . Mrs . Donovan violated Wylie ' s City Charter when she solicited and obtained sufficient votes to exclude the City Manager from the deliberations concerning the residential qualifications of Councilman Harold Spence . This was in direct violation of Art . IV, Sec . 1 . E. (4) of Wylie 's City Charter . 3 . Mrs . Donovan violated Art . III , Sections 8. B. and C. of Wylie ' s City Charter when she made derogatory written statements against a City employee who was under the sole direction and control of the City Manager by insisting such statements be placed in that employee ' s personnel file . Addit- ional authority as to such control and supervision by the City Manager is found under Art . IV, Sections 6 . C. and 7. A. 4 . The incompetency and ineffectiveness of Mrs . Donovan is amply demonstrated by the fact that she has caused to be placed on the agenda for the City Council only the following items during the approximately six (6) months she has been on the Council : a. Termination of the City Manager (three times) . b . The appointment of Wylie ' s representative to the North 'Texas Municipal Water District . c . The futile effort on August 26 , 1986 to remove Mayor Pro-Tem Joe Fulgham by offering five (5) separate agenda items: 1) to consider "qualifications of Joe Fulgham to continue in office" ; 2) to appoint person to fill his place ; 3) to administer oath to his replacement ; 4) to elect Mayor Pro-Tem; and 5) "appointment of temporary replacement for city manager . " No constructive or positive matters for the general good or benefit of Wylie has been promoted by Mrs . Donovan , but she has been instrumental in obtaining the resignation of the Mayor and two councilmen due to her derisive behavior . 5 . Mrs . Donovan has consistently and blatently disregard- ed the reasonable and orderly rules and procedures as estab- lished by the City staff by refusing to complete the agenda requests . The City Manager has the responsibility to prepare and accept items for inclusion in the official agenda of all city council meetings (ART. 4, Sec . 1 .E. (7) ) . These proced- ures and forms are designed for the orderly conduct and flow of the City ' s business and should be observed by the citizens of Wylie and the Councilpersons of Wylie alike . ORDER OF ELECTION FOR CITY OF WYL%E An election is hereby ordered to be held on December 6, 1986 for the purpose o+ : RECALL OF COUNCILWOMAN SANDRA DONOVAN Absentee voting by personal appearance will be conducted each weekday at 108 S. Jackson, Wylie, Texas, between the hours of 8: 00 A. M. and 5: 00 P. M. beginning on November 17, 1986, and ending on December 2, 1986. Applications for ballot by mail shall be mailed to: Carolyn Jones, City Secretary Absentee Voting Clerk P O Box 428 Wylie, Texas 75098 Applicatons for ballots by mail must be received no later than the close of business on November 27, 1986. Issued this the day of , 1986. Joe Fulgham, Mayor Pro -rem ' .� � ORDEN DE ELECCI0N PARA C0IDAD DE WYLIEv TEXAS Por la presente se ordena que se llevara a cabo una eleccion el 6th de December de 1986 con el proposito de: Eleccion Destituidada de la Concejala Sandra Donovan La votacion en ausencia en persona se llevara a cabo de lunes a viernes en 108 S. Jackson, entre las 8: 00 de la manana y las 5:00 de la trade empezando el de 17th de November, 1986 y terminando el de 2nd December, 1986. Las solicitudes para boletas que se votaran en ausencia por correo deberan enivarse a: Carolyn Jones, Cuidad Secretario] Votacion En Ausencia P O Box 428 Wylie, Texas 75098 Las solicitues para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el de 27th de November, 1986. Emitida este dia de , 1986. Joe Fulgham, Alcalde Pro Tem NOTICE OF GENERAL ELECTION (AVXSO DE ELECCION GENERAL) To the Registered Voters of the City of Wylie, Texas: (A los votantes registrados del Cuidad de Wylie, Texas: ) Notice is hereby given that the polling places listed below will be open from 7: 00 A. M. to 7:00 P. M. on Dec. 6, 1986, for voting in a general election for the Recall of Councilwoman Sandra Donovan. (Notifiquese, por las presente, que las casillas electroales sitados abajo se abriran desde las 7:00 A.M. hasta las 7: 00 P. M. el 6th de December de 1986 para votar en la Eleccion General para elegir Eleccion Dstituidada de la Concejala Sandra Donovan. LOCATION OF POLLING PLACE: First United Methodist Church Fellowship Hall (DIRECCION DE LAS CASILLAS ELECTROALE) : Uno Unidad Iglesia Methodist Felofip Hol Absentee voting by personal appearance will be conducted each weekday at 108 S. Jackson, City Hall in the City Secretary' s Office between the hours of 8: 00 A. M. and 5:00 P. M. beginning on Nov. 17, 1986 and ending on Dec. 2, 1986. (La votacion en ausencia en persona se llevara a cabo de lunes a viernes en 108 S. Jackson, Ciudad Hol , Ciudad Secretario' s Oficio, entre las 8: 00 de la manana y las 5: 00 de la tarde empezando el Nov. 17, 1986 y terminado el Dec. 2, 1986. ) Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correo deberan enviarse a: ) Carolyn Jones, City Secretary Absentee Voting Clerk P O Box 428 Wylie, Texas 75098 Applications for ballots by mail must be received no later than the close of business on Nov. 27, 1986. (La solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el Nov. 27, 1986. ) Issued this the 28th day of Oct. , 1986. (Emitada este dia 28th de Oct. , 1986. Joe Fulgham, Mayor Pro Tem Joe Fulgham, Alcalde Pro Tem ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE 73-2 TO PROVIDE THAT FIFTEEN THOUSAND DOLLARS OF THE ASSESSED VALUATION OF RESIDENCE HOMSESTEADS BE EXEMPT FROM AD VALOREM TAXES FOR ALL PROPERTY OWNERS SIXTY-FIVE YEARS OF AGE OR OLDER UNDER CERTAIN CONDITIONS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS that; SECTION 1. That fifteen thousand dollars ($15,000) of the assessed value of residence homesteads as defined by law of persons who have attained the age of sixty -five (65) years on or before January 1st of the year for which the exemption is claimed shall be exempt from City ad valorem taxes; provided however, that where the ad valorem tax has heretofore been pledged for the payment of any debt, the taxing officers of the City shall have authority to continue to levy and collect the tax against the homestead property at the same rate as the tax so pledged until the debt is discharged, if the cessation of the levy would impair the obligation of the contract by which the debt was created. SECTION 2. In order to secure the benefit of the exemption, the owner shall , between January 1st and April 30th of each year, file with the City Tax Assessor and Collector, on form furnished by the Tax Assessor-Collector , a sworn inventory of such property owned on January 1st of each year for which excemption is claimed, and shall initially furnish proof of age by certified copy of his or her birth, then by affidavit of two persons at least five (5) years older than the exemption claimant with actual knowledge of the date and place of birth and by the original or certified copy of any two of the following documents , which must be at least five (5) years old, to wit: 1 . Social Security record 2 . Federal census record 3 . State census record 4 . Own child' s birth certificate 5 . Original birth notice in newspaper 6 . School record 7 . Insurance policy 8 . Lodge record 9 . Military record 10 . Passport 11 . Marriage record 12 . Hospital record 13 . Voter' s registration record 1 14 . Church baptismal record 15 . Employment record 16 . Physician' s record SECTION 3. SEVERABILITY If any section, sub-section, paragraph, sentence, phrase, or clause of this ordinance shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this ordinance which shall remain in full force and effect; and to this end the provisions of this ordinance are hereby declared severable. SECTION 4. EFFECTIVE DATE The provisions of this ordinance shall become effective immediately upon passage and approval by the governing body of the City of Wylie. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE ON THIS THE DAY OF , 1986 Joe Fulgham, Mayor Pro Tem ATTEST: Carolyn Jones , City Secretary 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS, AMENDING ORDINANCE 84-12 CREATING A NEW SECTION 12 TO PROVIDE FOR THE ESTABLISHMENT OF FEES TO BE CHARGED FOR SERVICES DIRECTLY CONNECTED TO THE OPERATION OF EMERGENCY MEDICAL SERVICE BY THE CITY OF WYLIE, RENUMBERING SUCCEEDING SECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. SECTION 12 - EMERGENCY MEDICAL SERVICE CHARGES 1 . Emergency, non resident pick-up outside the corporate limits of the City $125 .00 plus mileage charges (see other charges below) . 2 . Emergency, resident of City picked up within the corporate limits of the City $100 .00 3 . Non-emergency transfer service for non-resident picked up outside the corporate limits of the City $75 .00 plus mileage (see other charges below) . 4 . Non-emergency transfer service for resident of the City $50 .00 plus mileage (see other charges below) . OTHER CHARGES: Mileage $2 .00 per mile Oxygen use (base) $15 .00 Oyxgen use base plus $0 .10 per minute for each minute over ten (10) minutes. Standby charge $30 .00 per hour Additional persons (over 1) transported $25 .00 per person SEVERABILITY: All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are superceded by this ordinance. All other parts of such ordinances are not repealed. EFFECTIVE DATE: This ordinance shall become effective immediately upon approval and passage by the governing body of the City of Wylie. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE DAY OF 1986 . Joe Fulgham, Mayor ATTEST: Carolyn Jones, City Secretary REQUEST TO BE PLACED ON AGENDA Date For next Council Agenu �.J 0ej 2 57-z'96 --- I , request that the following item be placed on the City Council Agenda. Consi der: _ G(�S ���1 4�_�Q__d#Z-erz___4'.19 Y /3, 1906 06 (77C3.6)_. Reason for request : Thank you, Signature a27o i S . vlz Street City. 1 as Zip Code -- _ 2 g./ FIhone Number-