Loading...
07-08-1986 (City Council) Minutes 178 CITY COUNCIL MEETING MINUTES .�.. JULY 8, 1986 7:00 P. M. The Wylie City Council met in regular session on Tuesday, July 8, 1986 at 7 :00 P. M. in the 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 Don Hughes, Mayor Pro Tem Harold Spence, Council members Lowell Brewster, Sandra Donovan, Calvin Westerhof , and Joe Fulgham, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Patti Griffin of the Wylie News . Mayor Hughes called the meeting to order and Councilman Westerhof gave the invocation. APPROVAL OF MINUTES: Minutes submitted for approval were for June 17th, June 24th, and July 1st. After much discussion on the minutes of June 24th, a motion was made to approve June 17th and July 1st minutes as submitted. 0.1.110 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 - against, and Councilwoman Donovan - in favor. This motion carried with five in favor and one against. Due to the problems with the minutes, it was suggested by the City Secretary to hire a court reporter. Mayor Hughes asked the Council if they wanted an item on the next agenda to hire a court reporter to take minutes of the council meetings. Councilman Brewster asked if we kept the tapes of the meetings. City Secretary Carolyn Jones, said yes that all tapes are kept. Councilman Brewster said there was no need for two (2) sets of records. Mayor Hughes recessed the open meeting and convened Council into executive session under the authority of Article 6252- 17 of V.A.C.S. Section 2 , paragraph "g" personnel matters, to discuss qualifications of Councilman Spence to continue to hold office. Mayor Hughes reconvened the council back into open session. Mayor Hughes stated there were two items of discussion, the taxes not being paid on time and being in a delinquent status, and if Mr. Spence lived within the City limits. Motion was made by Councilman Westerhof to declare that the qualifications of Mr . Spence be valid and he continue as a council member. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Hughes - against, Mayor Pro Tem Spence - abstained, Councilman Westerhof - in favor , Councilman Brewster - in favor, Councilman Fulgham - abstained, and Councilwoman Donovan - in favor. This motion carried with three in favor , two abstentions and one against. Mayor Pro Tem Spence addressed the Mayor and stated at this time he would like to turn in his resignation. Mayor Pro Tem Spence stated that he had been cleared of any charges. He also stated he has tried his best, but it was not good enough for some people. One of these days the back stabbing is going to stop. Mayor Pro Tem Spence handed his resignation to the Mayor and left the room. Mayor Hughes read the letter of resignation as follows: Dear Council Members: Please accept my resignation from the Wylie City Council effective immediately, July 3, 1986 . Thank you, Harold Spence. Mayor Pro Tem Spence also gave the Mayor another letter which read as follows : Dear Council Members: Please withdraw my request of annexation of 2.52 acres located at 1825 E. 544 . I have received an unfavorable zoning from Planning and Zoning, and city water and sewer service is not available at this time. Thanks for your consideration. Sincerely, Harold Spence. APPROVAL OF ANNEXATION ORDINANCE FOR 2 .52 ACRES OUT OF THE J. D. SHELBY SURVEY, COLLIN COUNTY, ABSTRACT 819 : This property is located on East FM 544, and is the property belonging to Mr. Harold Spence. Motion was made by Councilman Brewster to accept the withdrawal request from Mr. Spence on the annexation of this property. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Hughes - in favor, Councilman Westerhof - in favor, Councilman Brewster - in favor, Councilman Fulgham - in 1N0 favor, and Councilwoman Donovan - in favor. This motion carried with all in favor. Items No. 7 and 8 , regarding the zoning of 2.52 acres out of the J. D. Shelby Survey, will have no action since the above action on the withdrawal request. APPROVAL OF ANNEXATION ORDINANCE FOR 19 .42 ACRES OUT OF THE L. K. PEGUES SURVEY, COLLIN COUNTY ABSTRACT 703 : This property is located on the east side of Hooper Road, south of FM 544. Motion was made by Councilman Fulgham to approve and sign annexation ordinance for 19.42 acres out of the L. K. Pegues Survey, Collin County. Seconded by Councilman Brewster. The vote was as follows: Mayor Hughes - 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. PRESENTATION BY CECILIA WOOD: Mrs . Wood lives at 515 Woodhollow Dr. in Wylie. Mrs . Wood spoke to the council on two items which were brought forth during the council meeting on June 24th. The first was in regards to procedures for preparing a budget and the second was in regard to the information pamphlet distributed on the Bond Election. CITIZEN PARTICIPATION: There were citizens present at this --* meeting, but none came forward at this time to speak. PRESENTATION BY MRS. OLYMPIA MARGIES: Mrs . Margies has come before Council in regards to the provision in the Mobile Home Park Ordinance prohibiting outside TV antennas. Mrs . Margies believes this takes away her right to make a choice of wanting cable TV or having to take cable TV in order to receive programs. There are other subdivisions in Wylie and they have the option of taking cable TV or putting up an outside antenna. This is called discrimination when a mobile home park is treated different from other subdivisions . City Manager Gus Pappas said the provisions in the Mobile Home Park Ordinance came from an old ordinance. This provision assumes that the mobile home park developer will install a common TV antenna for the entire park. The intent of the owner of this park is to provide cable and is going to do this. Mr. Pappas said he has talked with Mr. Larry Jackson, the City Attorney, and the city has the right to put a size and height restriction on antennas, but to deny an outside antenna would not stand up in court. Mr. Pappas recommends this to be put on the next agenda to amend the Mobile Home Park Ordinance. Mr. Nichols said this would be hard to try and defend in court, to put a restriction on a mobile home park and not on other areas in the City. Mr. Nichols recommends amending the Mobile Home Park Ordinance. Councilman Brewster said he had no problem but we should look at this entire Ordinance and see if there are other areas that need to be amended. Councilman Brewster said he knew several people who worked on this ordinance and he is not saying it is a poor ordinance. City Manager Gus Pappas suggested that staff send another copy of the ordinance to the City Attorney and let him look at it again. Councilman Brewster would like for the Planning and Zoning Commission to be involved in the amendment to this ordinance. Councilman Fulgham would like for council to look at the provisions for trash pickup and address this portion of the ordinance again. Mayor Hughes said it was his opinion that these people want to live in as nice a development as others . City Manager Gus Pappas said he thought is was done to keep it from looking cluttered, but the new ordinance spaces the homes on larger lots. Mrs. Margies said the extension for antennas was up on July 13th, what could be done by this date. City Manager Gus Pappas said he could and would extent the 60 days. AWARD OF BID FOR JAIL EQUIPMENT, PAVING, SITE AND SOIL PREPARATION, SIGN AND FENCE, FLAGPOLE FOR NEW MUNICIPAL COMPLEX: Bids were received through 1: 00 P. M. on July 1st, and opened at 2:00 P. M. on July 1st. The City received one bid, that was from Speed Fab-Crete and is as follows : Site fill and lime penetrating $ 58 ,464.00 Site, Lime stabilization paving and concrete culverts to tie into highway 308,371.00 3 - 40 ' tall flag poles 7 ,751 .00 Sign and fence with sidewalk behind sign and fence 12 ,000 .00 Electrical conduit and wire and lights for sign and fence 4 ,000 .00 182 Jail equipment installed 75,121.00 Payment and performance bond 19 ,327.00 TOTAL BID $485,034.00 Councilman Fulgham said the reason, of having bids on the site preparation was that if the city did this work, then something happened to the foundation during construction, it would come back on us. If some other contractor does the site preparation, then it is their responsibility. Councilwoman Donovan wanted to know if this was the original bid or did we go out for new bids. City Manager Gus Pappas said this was a new bid, the bids were just received and opened on July 1, 1986. Motion was made by Councilman Fulgham to award the bid to Speed Fab-Crete for a total of $485,034 .00 . Seconded by Councilman Westerhof . The vote was as follows : Mayor Hughes - 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 project for the new Municipal Complex will cost $1,734,484 .00 . APPROVAL OF FINAL CONTRACT ON THE CONSTRUCTION OF THE MUNICIPAL COMPLEX: City Manager Gus Pappas said that staff would recommend the signing of the contract. We are not in receipt of the funds, and the attorney said to sign with a provision that the contract is subject to the receipt of funds. City Manager Gus Pappas said that staff was in the process of doing a draw down plan which would allow us to generate some $190 ,000 . from the funds prior to having to release the funds. This draw down schedule will allow us to recoup some additional funds to off set the furniture loss, pay for legal and printing fees connected to the issuing of bonds and still generate enough income to take care of the first initial payment of the bond issue itself. Finance Director James Johnson said the other thing we have to worry about is the interest earnings as to the interest rate. As interest rates fall, we earn less, as rates rise it will earn more. Motion was made by Councilman Fulgham to approve and sign contract on the construction of the Municipal Complex. Seconded by Councilman Westerhof . The vote was as follows : Mayor Hughes - 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. COUNCIL DISCUSSION: Councilman Brewster wanted to know the status of the mail out on the street program. City Manger Gus Pappas said the mail out has been mailed and he has had some calls. The only report I can give you so far is the owner of the Meadows is supportive of it and the school was supportive of the idea, but has some concern about the improvements being made to the elementary school that the parking lot and the street would meet in the proper manner. Councilman Brewster wanted to know at what point do we notify the school system of development. City Manager Gus Pappas said from time to time the school received building reports, units/acre report, news letter, preliminary plats, annexations . Councilman Fulgham wanted to know about the budget process, preliminary reports from department heads and then the council makes out suggestions. Why did we receive this other set of dates and papers. City Manager Gus Pappas first year that I was here we took a long time, and became involved with the budget because of setting a process and working with the Council for the first time. The first step is to get some type of general feelings of what the council wants to see in the next year' s budget. Then take these figures and try and come up with a balanced budget. Then this first draft of a balanced budget is laid before the council for approval or suggestions of what they want added or taken out . Councilman Fulgham said he did not know that council had requested a change the order of business in doing the budget, but that the council wanted the employees to be invited . The reason for these questions is because of receiving this other packet on the budget. City Manager Gus Pappas said that was the meeting he was not in attendance at, when I returned, I noticed that I had not sent out the priority list, so I sent this list out. Then the impression I was given of the meeting, there was some discussion about how we were going to do this. I was corrected on the way I was doing this list and meeting dates and I sent out the corrected memo to the council to reflect this new schedule I was informed of, and a memo to each employee which will go out with their pay checks tomorrow and each one will receive an invitation to the meetings . City Manager Gus Pappas said that council discussions very often involves a decision making process where there is no vote taken, but on occasion a decision is made without a ... _._..._.... 184 formal vote, and it is easy to misunderstand what every ones vote was. I did go back into the minutes, and I did talk with you Mayor and you said that was not your understanding. The minutes say that Mayor Hughes said I am not pleased with it, but if that is what the council wants it is okay. There were council members who took it as a yes vote. When you have a decision without a formal vote it is very easy to misunderstand. Councilman Brewster said his interpretation was that the council would like for the city employees to be aware that they could come to these meetings. We all know that these are open meetings, and want them to know they can come, but not make it mandatory. City Manager Gus Pappas said he did check to make sure that was what was wanted, because if you demand the employees to be here you will have to pay them. Mayor Hughes said if we follow this outline, we will be late on the budget. Councilman Fulgham said that is why he did not feel that was the consensus of the council that we follow that order, but that we invite all employees and not just department heads. Councilman Fulgham said he wanted to see a balanced budget, he did not want to create the budget. City Manager Gus Pappas said what we have done before, is the director of finance and I prepare a balanced budget. Then on a Saturday work session, set up a meeting with department heads for their presentation. After the end of the presentations, the council then tells me where to delete and where to add to the budget. But there is still a balanced budget. City Manager Gus Pappas said that on July 26th, we can have this work session and give you a balanced budget on this date to work with. Councilwoman Donovan said to the City Manager that he was talking about what the past council did and that is the way you have done it the past two years. City Manager Gus Pappas said no, in every city he has ever worked. Councilwoman Donovan said (here are three new council members who have voiced their opinion to do a little change on this and now we are going back to doing it the other way. City Manager Gus Pappas said no, if it is the council' s desire to go at the budget at this other pace, then he will do it, but I feel I should tell you the problems and I have done that. If you still choose to follow this course, then I will do it . Councilman Brewster said he thinks we have two courses and they are the same thing. The only additions Councilwoman J Donovan brought up the other night was to make the employees to be aware that they could come to the budget meeting. Councilman Brewster said he was not going to change anything that would slow the budget procedure down, but he does want the people to be aware that Councilwoman Donovan wanted them to know they were invited to the council meetings. City Manager Gus Pappas said it was his understanding that the instructions were that council would not give him a priority list prior to the completion of all presentations and that I would not deliver to you a balanced budget prior to all presentations being made. Councilman Westerhof said the way he understood it and the way he would like to see it done, is that council would fill out the form for their priority list and give back to you and the staff and come up with a balanced budget. Then council would meet and begin their process of adding or deleting to this balanced budget. City Manager Gus Pappas said he was to send out a memo to the employees inviting them to a Saturday, July 26th work session on the budget and I will have a balanced budget for council at that time. Councilman Westerhof said he preferred the department heads to do the presentations, not the employees. Mayor Hughes thanked Chairman Kent Crane and Bill Chapman from the Planning and Zoning for coming to the council meeting . Mr. Kent Crane said he has talked with the School and one of the board members to work out a means of communication between the school and the city. Mr. Crane also wants to establish communications between the Planning and Zoning Commission and the City Council and would like for someone from each of the boards to be at each others meetings. There being no other , , , Mayor Hughes called for a motion to adjourn. / eckilrrrA . ade by Councilman Fulgham to adjourn, seconded 2. .unc Donovan. All were in favor. CG STEAL Ri Don 6:'lghes, Mayor ATTEST: i 1L Caro yn on s ity Secretary