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.
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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.
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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,
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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
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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
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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.
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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.
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Don H hes, Mayor
ATTEST :
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SEAL
Caroly nes ty Secre%a