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04-29-1986 (City Council) Minutes 114 CALLED CITY COUNCIL MEETING - MINUTES APRIL 29, 1986 7 :00 P. M. The Wylie City Council met in a called session on Tuesday, April 29 , 1986 at 7 :00 P. M. in the community Center of Wylie. 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 Don Hughes, Mayor Pro Tem Harold Spence, Council Members Sandra Donovan, Lowell Brewster, Joe Fulgham, Calvin Westerhof , City Manager Gus Pappas, City Secretary Carolyn Jones, Director of Public Works Bill Windham, Finance Director James Johnson, Code Enforcement Officer Roy Faires, Librarian Beverly Shockley, representative from First Southwest, Scott Dorsey and Patty Griffith from the Wylie News, Pam Troboy from the Dallas Time Hearld and many other citizens. Mayor Hughes called the meeting to order and Councilman Westerhof gave the invocation. Mayor Hughes recognized Mrs. Dean Holmes from Southfork Mobile Home Park. Mrs. Holmes presented to the Mayor .� petitions on behalf of City Manager Gus Pappas and the Municipal Complex. Mayor Hughes thanked Mrs. Holmes. APPROVAL OF PROCLAMATION NAMING SESQUICENTENNIAL DAY AT WYLIE MIDDLE SCHOOL ON MAY 17 , 1986 : This item is placed before you at the request of Mrs . Lydia Greer of the Wylie Middle School PTA. They are sponsoring a Sesquicentennial celebration on May 17 , 1986 and have asked the Council to proclaim this as Sesquicentennial Day at the Wylie Middle School . Motion was made by Mayor Pro Tem Spence to approve and sign the proclamation for Sesquicentennial Day at Wylie Middle School on May 17 , 1986 . Seconded by Councilwoman Donovan. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. ACCEPTANCE OF RESIGNATION OF COUNCILWOMAN GELINE DODD: Mrs . Dodd has submitted a written letter of resignation to the City Secretary on April 23 , 1986 . Motion was made by Mayor Pro Tem Spence to accept the resignation of Councilwoman Geline Dodd. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . 0 ACCEPTANCE OF RESIGNATION OF COUNCILMAN DR. JOE FULGHAM: A letter rescinding his oral resignation has been received in the City Secretary' s office. The City' s legal counsel, Larry Jackson, has advised that this letter makes Dr. Fulgham an authorized member of the City Council duly elected by citizens. Mr . Larry Jackson said there was no more action to be taken on this item. ACCEPTANCE OF RESIGNATION OF MAYOR DON HUGHES: Mayor Hughes has also sent a letter to the City Secretary rescinding his oral resignation. Mr. Larry Jackson said there was no more action to be taken on this item. CALL FOR SPECIAL ELECTION TO FILL VACANCIES ON THE CITY COUNCIL, AS PROVIDED BY THE CITY CHARTER: This item is placed before you in compliance with the City' s Home Rule Charter. The charter states that you may not appoint more than once in a twelve month period. Motion was made by Councilman Fulgham to call a special election for filling the vacancy on the Council . Seconded by Councilman Brewster. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. AUTHORIZATION FOR REFERENDUM ON CURRENT MUNICIPAL COMPLEX PROPOSAL ON SH 78 FOR $1 ,800 ,000 . : This item was placed on the agenda by a councilmember' s request at the last meeting. The issue would be whether to approve or not approve the site, plan and monies represented by the current plan. Mayor Hughes said that staff as well as past councils have looked at other" locations and other facilities, and that each household received a questionnaire on the new complex . The response to this questionnaire was in favor of a 2 .5 million dollar facility. This questionnaire stated that it would be a lease purchase with no tax increase. James Johnson, Finance Director gave an overview of the time and discussions on the financing of the new complex. After discussions, Council decided that there would be a great expense for an election and therefore turn the financing over to him, to find the best interest rate for leasing purchasing. In March Mr. Johnson stated he had a meeting with the representatives from First Southwest Investments Company and the City Attorney. There was a problem with the way the deed read to the land that was given to the City, but this has been worked out and these people are in agreement with the lease purchase if the Council do desires. Mayor Hughes asked Mr. Johnson if the State of Texas was using lease purchase. Mr. Johnson said yes, for a prison facility. City Manager Gus Pappas said lease purchase has been used a number of years for equipment. 116 Mayor Hughes asked Mr. Johnson why did Cities go with lease purchase. Mr. Johnson said because it was not a legal long term debt. Each year the Council reviewed the lease purchase agreement and had the choice of renewing it or denying it. There is a clause in the lease purchase that states you can get out of the agreement at the end of a year . Mr. Johnson said Certificates of Obligations are the easiest way to finance a building , but you are obligated for twenty (20) years. Councilwoman Donovan wanted to know if there had to be an election for Certificates of Obligation. Mr. Johnson said no, he has never seen a vote of the people for C.O. , election only for General Obligation Bonds . Councilman Westerhof wanted to know if bonds were at a low interest rate today. Mr. Johnson said bonds were at 7 .5% and lease purchase was at 7 .768% . After much discussion with the representatives from First Southwest Investments and the Council over which was the best way to go, lease purchase or certificates of obligation, it was decided to go out for a bond issue rather than lease purchase. There was also discussion on the size of the jail and the „�, equipment for the jail . Mr. Johnson said the state requires certain type of equipment and standards for all jails. Councilwoman Donovan said that thirteen (13) cells was to many for the City of Wylie. City Manager Gus Pappas said by the time it is built, we will need it , there are 3 cells for women, 2 cells for juveniles, and 8 cells for men. City Manager Gus Pappas said that Council needs to be aware that the staff has already ask for one extension on the land for the complex, but staff will be ask for another extension if the Council so desires. Motion was made by Councilman Westerhof to have a general obligation bond election to seek yes or no to continue with City Hall for the current value of the bid, and the current location on SH78 and with plans that have been drawn up. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Hughes - against, Mayor Pro Tem Spence - in favor , Councilman Westerhof - in favor, Councilman Brewster - in favor , Councilman Fulgham - against, and Councilwoman Donovan - in favor. Mayor Hughes stated the reason he voted against this is because we have already asked the citizens for their opinion on two separate occasions and we had a good response in favor of the new complex. This motion carried with four (4) in favor and two (2) against. k w� APPROVAL OF AMENDMENT TO ORDINANCE 83-18 , THE MOBILE HOME ORDINANCE OF THE CITY OF WYLIE: This item has been placed on the agenda again at the request of one of the council members. The amendment specifically deletes the not more than four (4) model years old mobile homes provision from the ordinance. The Council can, if they so desire, add the provision of HUD approved construction. Motion was made by Councilwoman Donovan to approve amendment to Mobile Home Ordinance deleting the not more than four (4) model years and adding the HUD approved construction. Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor , Councilman Brewster - in favor , Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 125 ACRES OUT OF THE J. MITHCELL SURVEY, COLLIN COUNTY ABSTRACT 589 : This property is located on McMillan and McCreary Roads and is commonly known as Southfork Mobile Home Park. The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 125 acres out of the J . Mitchell Survey, Collin County Abstract 589 . Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVE AND SIGN ZONING ORDINANCE FOR 125 ACRES OUT OF THE J. MITCHELL SURVEY, COLLIN COUNTY ABSTRACT 589 : This property is located on McMillan and McCreary Roads and is commonly known as Southfork Mobile Home Park. The zoning request for this property is mobile home and the public hearings have been held. Motion was made by Councilman Fulgham to approve and sign zoning ordinance for 125 acres out of the J. Mitchell Survey, Collin County Abstract 589 to be zoned for Mobile Home Park. Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 173 .5 ACRES OUT OF THE 0. SHELBY SURVEY, COLLIN COUNTY ABSTRACT 799: This property is all federal land and is known as Lake Annexation No. 12 . The required public hearings have been held and the 20 day waiting period has been satisfied . Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 173 .5 acres out of the 0. Shelby Survey, Collin County Abstract 799 . Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, 118 Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one (1) against. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 23 .0 ACRES OUT OF THE M. MILLIRON SURVEY, COLLIN COUNTY ABSTRACT 564 : This property is all federal land and is known as Lake Annexation No. 13 . The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 23 .0 acres out of the M. Milliron Survey, Collin County Abstract 564 . Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one (1) against. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 44.34 ACRES OUT OF THE S. BARROW SURVEY, COLLIN COUNTY ABSTRACT 49: This property is all federal land and is known as Lake Annexation No. 14 . The required public hearings have been held and the 20 day waiting period has been satisfied . Motion was made by Mayor Pro Tem Spence to approve and sign annexation ordinance for 44 .34 acres out of the S. Barrow Survey, Collin County Abstract 49 . Seconded by Councilman Brewster. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor, and one (1) against. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 446 .95 ACRES OUT OF THE M. BIRCH SURVEY, COLLIN COUNTY ABSTRACT 115 : This property is all federal land and is known as Lake Annexation No. 15 . The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 446 .95 acres out of the M. Birch Survey, Collin County Abstract 115 . Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one (1) against. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 179.74 ACRES OUT OF THE WILLIAM JOHNSON SURVEY, COLLIN COUNTY ABSTRACT 476 : This property is all federal land and is known as Lake Annexation No. 16 . The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Mayor Pro Tem Spence to approve and sign annexation ordinance for 179 .74 acres out of the William 119 Johnson Survey, Collin County Abstract 476 . Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one (1) against . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 97 .65 ACRES OUT OF THE T. TOBY SURVEY, COLLIN COUNTY ABSTRACT 915: This property is all federal land and is known as Lake Annexation No. 17 . The required public hearings have been held and the 20 day waiting period has been satisfied . Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 97.65 acres out of the T. Toby Survey, Collin County Abstract 915 . Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one (1 ) against. APPROVE AND SIGN ANNEXATION ORDINANCE FOR 501 .38 ACRES OUT OF THE ANGLIN DRURY SURVEY, ABSTRACT 3 : This property is all federal land and is known as Lake Annexation No. 18 . The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Brewster to approve and sign annexation ordinance for 501 .38 acres out of the Anglin Drury Survey, Abstract 3 . Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one (1) against . APPROVE AND SIGN ANNEXATION ORDINANCE FOR 705 .45 ACRES OUT OF THE A. RUSSELL SURVEY, ABSTRACT 736 AND THE J. KING SURVEY, ABSTRACT 508 , COLLIN COUNTY: This property is all federal land and is known as Lake Annexation No. 19 . The required public hearings have been held and the 20 day waiting period has been satisfied. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 705 .45 acres out of the A. Russell Survey, Abstract 736 and the J. King Survey, ABstract 508 , Collin County. Seconded by Mayor Pro Tem Spence. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor , Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - against. This motion carried with five (5) in favor and one (1) against. APPROVAL OF ORDINANCE PROHIBITING PUBLIC DISCUSSION OF ANY ITEM FOLLOWING A VOTE OF THE COUNCIL: This item has been 120 placed before you at the request of a council member. .�. Councilwoman Donovan said the reason for this ordinance is because the last meeting got out of hand. Councilwoman Donovan said that once an item has been voted on, council should move on to the next item. Councilwoman Donovan made a motion to approve the ordinance prohibiting public discussion of any item following a vote of the Council . Councilman Fulgham questions the ethics and legality of denying the public to speak at a public meeting . Councilwoman Donovan said she was the one who put citizen participation back on the agenda but wants them to speak at that time and not after a vote. City Attorney Larry Jackson said he could not approve this ordinance in this form. It would not be his suggest to have a penalty clause for comments after a vote. The Council can adopt procedures to follow. Councilwoman Donovan rescinded her motion to approve the ordinance. This item dies on the table since there was no other motion or second. CITIZEN PARTICIPATION: Mr . Stanley Moussa complimented all the Council , you have a very hard job to do and you can not please every one. The people have elected you to keep the City united. John Morgan of 410 Woodhollow said he attended the meeting last night which was of the citizens of Wylie. This meeting addressed the grievances about the City Manager. Mr. Morgan said he was on the Park Board and WSA and it has been a pleasure and privilege to work with Gus Pappas. He is a professional. These grievances are very petty. Mr. Bob Thurman of McCreary Road would like to speak about the sewer problem. I have called Mr. Pappas' s office and within ten (10) minutes someone has been there to take care of the problem. Mr. Ray Mullins said the intent of the Council is to mandate what the citizens want. It takes participation from the citizens. It only works correctly when the citizens participate. Do not let this be the last meeting the citizens are seen at. Mr. John Seeley of Valentine Street, said he works for developers, and would like to thank Mr. Pappas. Yes, Mr. Pappas is hard on developers, but as a citizens of Wylie, he would like to thank Mr. Pappas for that. Mr . Seeley would like to see the City keep Mr. Pappas. Mrs. Dean Holmes of Southfork Mobile Home Park brought in a petition in favor of Mr. Gus Pappas and in favor the the new municipal complex. These petitions have over 200 signatures on them. Mr . Ray Mullins said several people have come forth to speak about our City Manager. Those who do not want him are not hear because they do not want to hear the facts. Mr . Randall Gaston of Stoneybrook, said the charges against Mr. Pappas are vague and ridiculous. Mr. Gaston said his association with Mr. Pappas is pleasurable and informative. Give Mr. Pappas a chance, the Council will be making a mistake to give away the greatest asset the City has. Mr. Kent Crane questions item no. 20 and 21 on the agenda. Item no. 20 invited engineers to give a presentation about their firm in regards to the sewer treatment plant. Item no. 21 gives this treatment plant to North Texas Municipal Water District. This does not seem fair, it looks as though the Council has already made up their minds to give everything to North Texas Municipal Water District . City Manager Gus Pappas thanked the citizens who were there and for the ones who spoke on his behalf . PRESENTATIONS BY REPRESENTATIVES OF CONSULTING ENGINEERING FIRMS: The three firms, CH2M Hill , Brown & Caldwell and Riewe & Wischmeyer, were those selected as finalists to be considered as consultants for the design and constructions of the proposed sewage treatment plant for the City. Council has voiced their opinion of needing to hear North Texas Municipal Water Districts presentation, we ask these three firms to except our apology and come back again for the presentations. Councilman Westerhof requested these three firms be set up on a date along with North Texas Municipal Water District. Motion was made by Councilman Westerhof to set up a special workshop with the three firms and North Texas Municipal Water to hear their presentations . Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . City Manager Gus Pappas said the meeting would be Tuesday, May 6 , 1986 at 7 :00 P. M. , all the engineering firms said they could be there and he will contact North Texas Municipal Water District . COUNCIL DISCUSSION: None. 122 AUTHORIZATION TO GO OUT FOR BIDS FOR JAIL EQUIPMENT, PAVING AND PARKING LOTS FOR THE PROPOSED MUNICIPAL COMPLEX: This item is placed before you for your action. If we have the bond election, and wait until that time to go out for bids, it will be October before we can have the bids back. Motion was made by Councilman Brewster to grant authority to go out for bids for jail equipment, paving and parking lots, site preparation. Seconded by Councilman Fulgham. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor , Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. Mayor Hughes recessed the regular meeting and called Council into executive session under the authority of Article 6252- 17 of V.A.C.S. Section 2 , paragraph "g" personnel matters . Mayor Hughes reconvened the meeting into open session. TERMINATION OF CITY MANAGER: Councilman Westerhof said the Council had just come from a very informative meeting . It is the mutual feeling of this group to have a review of the City Manager in ninety (90) days. Motion was made by Councilman Westerhof to have a performance review in ninety (90) days with the City Manager Gus Pappas. We are to have work sessions and work together for the City. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . APPOINTMENT OF ACTING CITY MANAGER: Motion was made by Mayor Pro Tem Spence to table this item. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - in favor, Mayor Pro Tem Spence - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. Motion was made to adjourn. dcy Don H hes, Mayor ATTEST : y/ SEAL Caroly nes ty Secre%a