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