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08-26-1986 (City Council) Minutes 220 CITY COUNCIL MEETING MINUTES AUGUST 26, 1986 7 :30 P. M. The Wylie City Council met in regular session on Tuesday, August 26, 1986 at 7 : 30 P. M. in the Wylie High School Cafeteria. 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 , Sandra Donovan , and Chuck Trimble, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, Mr . I . W. Santry, Jr. from the Engineering Department, Mr. Louis Nichols, City Attorney, and many citizens. Mayor Pro Tem Fulgham called the meeting to order and gave the invocation. APPROVAL OF MINUTES FOR AUGUST 12 , 1986 MEETING: There being no corrections or additions to the minutes, a motion was made by Councilman Westerhof to approve minutes as submitted . Seconded by Councilman Trimble. 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. ACCEPTANCE OF LOWELL BREWSTER' S RESIGNATION FROM THE CITY COUNCIL OF THE CITY OF WYLIE: Mr. Brewster sent a letter of resignation to the City Secretary on August 13 ,1986. Motion was made by Councilman Westerhof to accept the resignation of Mr. Lowell Brewster. Seconded by Councilman Trimble. 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. CONVENE INTO EXECUTIVE SESSION - DISCUSS QUALIFICATIONS OF JOE FULGHAM TO CONTINUE IN OFFICE: Mayor Pro Tem Fulgham made the statement he preferred not to hold executive session is there any objections. Councilwoman Donovan said yes there was objection, we need to recess right now until this item is cleared that we just found out about five minutes prior to the meeting . Mayor Pro Tem Fulgham called for a motion to go into executive session. Councilman Trimble asked the Mayor Pro Tem if the City Attorney could address this issue so the public would know what they were talking about . Mayor Pro Tem Fulgham asked what issue they were talking about . Councilman Trimble said about the (y R?1 obligation of the former Councilmembers being allowed to vote. Mr . Louis Nichols, City Attorney, the question has been raised as to whether or not the Council could act with less than four members in the event the situation came up where you did not have four members which is the number fixed as the quorum for your charter. In reviewing the State Law, I have ascertain that the Texas Constitution provides that all officers within this State shall continue to perform the duties of their office until their successor have been duly qualified . It is my understanding that you have three vacancies on this Council due to three Councilmembers resignations, and these resignations have been accepted . This leaves you with four Council Members remaining. It is my opinion based on the Constitution and the case law that those City Council Members who have resigned and whose successors have not yet been elected or qualified have a constitutional duty to continue to participate in the council action and decision and are eligible to vote and therefore they should be counted in determining whether or not you have a quorum present and whether or not you have four votes in favor of any decision and the charter provides that any actions taken by council should be approved by four affirmative votes . Should you have a person who is disqualified among the four of you from acting for some reason, then it would be necessary to bring in at least one of the Council Members who have resigned , in order to have a quorum and then it would require that all four be unanimous in their decision. If all three Council Members should return and participate and vote, then you would be in a situation where four affirmative votes by any of the seven members of the Council would represent the decision by the City Council . Motion was made by Councilwoman Donovan to convene into executive session. Seconded by Councilman Trimble. The vote was as follows : Mayor Pro Tem Fulgham - no, Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor. This motion does not carry. QUALIFICATIONS OF JOE FULGHAM TO CONTINUE IN OFFICE - PLACE 5: Mayor Pro Tem Fulgham wanted to know who placed this item on the agenda. Mayor Pro Tem Fulgham then asked each council members if they put this on the agenda. Councilwoman Donovan said she placed the item on the agenda . Mayor Pro Tem Fulgham wanted to know if Councilwoman Donovan would give her reasons for this being placed on the agenda. Councilwoman Donovan said no she would not and to be honest with you, if we do not handled this like a council meeting, I will simply walk out and then we can stop the whole proceedings because we will not have a quorum. Mayor Pro Tem Fulgham said he believed we where handling it like a 222 council meeting . Mr. Nichols, City Attorney, said it was his understanding that they were dealing with a personnel problem and the Council may go into executive session, if they so desired, but they are not obligated to do so. If the majority of the council does not vote to go into closed session and if the Mayor does not declare to go into closed session, then it would have to be declared as open session. Mr. Paul Phy, Attorney from Dallas, said he was representing Mr. Joe Fulgham. I believe that the law is clear that the motion did not carry to go into closed session, so anything you want to consider in this matter will be done in open session. Mr. Nichols said he had one other thing, where a personnel matter is being considered. Mayor Pro Tem Fulgham wanted to know if this personnel meant someone who was an employee of the City. Mr. Nichols said an employee or council member, or office or quality of duties. Under the law, if the individual about who the meeting is being held objects to a closed session, then it must be conducted in an open session. Regardless if everyone else wants to go into closed session. Mayor Pro Tem Fulgham said he also checked with the Secretary of State and was told the same thing. Mayor Pro Tem Fulgham asked Councilwoman Donovan if she wanted to state her reason now. Councilwoman Donovan said no she did not. Mayor Pro Tem Fulgham asked Councilwoman Donovan again if she wanted to state her reason for putting this item on the agenda. Councilwoman Donovan said the majority of the council felt that there was enough evidence to bring this up due to the questions being asked by citizens and due to Mr . Spence being asked to resign. Mayor Pro Tem Fulgham said he lives in Wylie, he resides at 309 Woodhollow Ct. and he has talked with the Secretary of State and they have told me I still reside in Wylie. All my children, my wife and our clothes are in this house. I may not always live at this address, but I live at 309 Woodhollow now. Mayor Pro Tem Fulgham called on Jayne Chapman. Mrs. Jayne Chapman, of 311 Woodhollow Ct. in Wylie. The residence of Joe and Dale Fulgham seems to be a problems with a Council person. We meet them in the alley, in their yard, my husband goes to him as his dentist. We are constantly talking with them. Mr. John Morgan, 410 Woodhollow said the fastest way to downtown Wylie is to go behind the Chapmans and Fulghams homes and they are living there. Mrs. Sarah Connelly, 311 S. Fourth, said Dr. Fulgham and his family do live at 309 Woodhollow Ct. We attend Church with them and they are there every Wednesday night. Dr. Dick Sewell, 400 Woodhollow, said he was asked if he ever observed the Fulghams comings and goings. Dr. Sewell said yes, I am not in the habit of watching my neighbors, but the comings and goings has been normal . Mrs. Dale Fulgham, 309 Woodhollow Ct . said if I knew why this questions was brought up why we did not reside there, maybe I could answer this question better . Mrs. Fulgham asked the attorneys if it would be out of order to ask Councilwoman Donovan why she thinks the Fulghams do not live at 309 Woodhollow Ct. The attorneys said she could ask, but that Councilwoman Donovan did not have to answer . Mrs. Fulgham asked Councilwoman Donovan why she thought they did not live at 309 Woodhollow. Councilwoman Donovan did not want to respond. Mrs. Fulgham said then she could only suppose. When this questions was first brought to me, I thought it was a joke, but then I found out it was not a joke. When I hear a rumor, I go to that person and check it out. I called a friend about this, they asked if his clothes, shoes, etc. are in the house. This must be a joke they said. Then I called the Secretary of State and ask for a definition of residency. Mr. Mark Jordon said if a person is living there, clothes are there, paying taxes, paying utilities, then they are a residence. Mr . Jordon quoted a court case from 1917 , the man being noted as not having a residence because he was a traveling salesman, requested a place of residence for himself, not some other person asking this. Mrs. Fulgham then told the council that she had pictures of their home for them to see, I feel this is an invasion of our privacy and do not appreciate this. Some of my neighbors are very appalled that Councilwoman Donovan called and wanted them to say Joe and I did not live here. I have called Councilwoman Donovan and asked her to come to coffee and then she could see that we still live here. Councilwoman Donovan declined my invitation. Mrs. Fulgham ask the council if any of them had questions. Councilman Trimble wanted to know what their intent is. Mrs. Fulgham said they had bought her old home place but there is nothing in this house, when we finish the house, the boys and I will be moving, but if the council says I must stay here for Joe to stay on this council , then I will stay in Wylie. As a family intent, Joe will stay here in Wylie and the kids and I will be moving when the house is ready. Councilman Westerhof said the question come up because the Fulghams had bought this home in another city. Mrs . Fulgham said she has never lied to anyone and she does not intend to lie now. Councilman Trimble said he did not intend to bring this up again, he just wanted to clear the air . 224 Councilman Westerhof said he realizes this is an embarrassment, the arrangements of your living are your on business, for my wife and I , we could never live this way. I respect you, Mrs. Fulgham, and I do believe you and what you have said. Councilwoman Donovan said they have covered the questions, but you must realize this was a council action, not just mine. It is not my intention to invade your privacy. Mr. Ray Mullins said he has known Dr. and Mrs. Fulgham since 1970, I preached to a little congregation, Joe and Dale were married then, and they are not like most people. They are two individuals and they are very much a family. If they want two homes, it is not uncommon , a commitment should be between two people and God. Mrs. Martha Oliver 810 Hensley Road, the people are calling you and asking these questions, where are they. Councilman Trimble said some are in this room. Mrs. Oliver said Dale has talked about buying her old home place for several years. Mr. John Pierrel 604 Stoneybrook, said he was appalled at the action of this Council. The citizens have elected you to conduct the business of the City. I feel you owe Mayor 41.011." Pro Tem Fulgham and the citizens of Wylie an apology. Ceilia Woods 515 Woodhollow, said she has lived in Wylie forever and I have heard a rumor about three weeks ago, I ask Dr. Joe if he was leaving Wylie. He said no, there are newcomers in Wylie who do not come out and ask questions, but go to the Council persons asking questions. Councilmembers Donovan, Trimble and Westerhof have not been in Wylie as long as I have, but they can learn how to keep the lid on things. Jill Tomek of 511 Rustic Place, said she was new and was real excited about moving to Wylie, Wylie is not what it was and you have to except change, but this is appalling how this was handled. You must work together and accept change. Mr. Fred Ouellette 407 Woodhollow said he was not going to get up at this time, but this needs to be said now. It is upsetting , the name calling of others, and Wylie is the laughing City of the metroplex. It is time for Wylie to get its act together and fill the council positions, make a decision about the City Manager and get on with City business. Mr. Ouellette suggest that Wylie stop everything (annexation, zoning, building permits, etc) until all council seats are filled and the Council has decided on the city manager . mil+� Mayor Pro Tem Fulgham said the council could call him out of order, but they had put him through this and he was going to speak. When you read about Paul in the New Testament, he left cities in turmoil, the reason was one person felt they were better then others. Mayor Pro Tem Fulgham quoted from 1 Corinthians Chapter 13 and how it teaches love for one another. The Council used to have respect for one another, we have never agreed 100%, I have had disagreements with Council members and Mayors, you must go to the person and find out the truth. Mayor Pro Tem Fulgham said he had nothing to hide and he would not lie. He hopes to have this Council have respect and love for the City of Wylie. Councilman Westerhof said he was sorry for the embarrassment . Councilman Westerhof made a motion to state that Mayor Pro Tem Joe Fulgham was qualified to continue in office. 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 . APPOINT PERSON TO FILL PLACE 5, OATH OF OFFICE AND ELECT MAYOR PRO TEM: Since the qualifications of Mayor Pro Tem Fulgham were proved to be valid, these items were pulled from the agenda. PUBLIC HEARING ON PROPOSED TAX RATE OF FORTY-NINE CENTS PER $100 .00 OF ASSESSED VALUATION: The tax rate for Wylie is remaining at .49 per $100 .00 of evaluation. Mayor Pro Tem Fulgham opened the public hearing. Mr. Fred Ouellette 407 Woodhollow said the U. S. Government has a high deficit, the State of Texas is in financial trouble, Dallas is in trouble and raising taxes. Has the Council looked at the budget and feel this tax rate is sufficient. Mayor Pro Tem Fulgham said the council has had a work session on the budget and we feel it is very conservative. Councilman Westerhof said he was surprised at the low budget and the department heads presentation of what they wanted which they did not get. This budget does not have all the bells and whistles . Mr . John Pierrel 604 Stoneybrook, wanted to know what the value increase is on the assessment . Mr. James Johnson, Finance Director said there was an increase of $6,540 ,000 . valuation over last year , which most is new construction. There being no other questions, Mayor Pro Tem Fulgham closed the public hearing. 226 PUBLIC HEARING ON THE ZONING OF 320 .9 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688: This property is located on the north side of E. SH78 east of Eubanks Lane and surrounding the site for the new Municipal Complex. The request for zoning is for Industrial , Business 1, Townhouse, Multi-family, Single Family 2 and Single Family 3 . Mayor Pro Tem Fulgham opened the public hearing. City Manager Gus Pappas said this is the tract of land across from Steaks Over Texas. The Planning and Zoning Commission recommends approval with the stipulation that two retail sections be added next to the Municipal Complex site on the east side and the west side. The staff and Planning and Zoning Commission recommends the follows zoning: Business 1 82 .97 Acres Retail 12.00 Acres Multi-family 21 .21 Acres Townhomes 19 .41 Acres Single Family 3 134 .77 Acres Single Family 2 8.89 Acres Industrial 41 .65 Acres A total of 320 .90 Acres . City Manager Gus Pappas said this zoning proposal does mirror the tracts across the highway. Mr. Andrew Snow 315 S. First wanted to know what kind of impact this is going to have on the City. City Manager Gus Pappas said the City has a subdivision ordinance which has regulations for the developer to follow in putting in the water/sewer lines and the concrete streets. The City also collects an impact fee of $500 .00 per household. If a restaurant or dentist office goes in, then they will pay a larger impact fee, this fee is based on the impact the business will have on the water and sewer service. The single family homes alone on this tract of land would generate $500,000 . from impact fees. Everything that can be done has been done in order that the developer pay for their developments and impact on the city. Mr. A. G. Snow 315 S. First asked if these fees where based on todays prices. City Manager Gus Pappas said the fee for streets was done by ordinance about one year ago, but most of the developers are putting in their own streets due to the supplies dropping in price. These fees are done by ordinance and can be changed at any time the Council so wishes. Mr . Snow said what about in ten years. City Manager Gus Pappas said the concrete streets should last for 20 years .�., and water/sewer lines are being inspected as they are laid. The only service would be police. Mr. John Pierrel 604 Stoneybrook wanted to know if building � permits would be issued on this property without sewer hook ups. City Manager Gus Pappas said the City evolved a policy some time ago to try and take care of the growth. There are times the City will have the developer put in a larger size line. This will keep the City from having to lay larger lines in the future and the City has also developed lift station districts so that the City will not have 30 or more lift station all over town. Each developer pays toward the construction of these lift station. This is a good plan except for what to do in a growing City prior to the lift stations being put in. The Council has asked the developer to pay this lift station district fee up front so we can try and install the main line to their development. The other thing is to pump. The City got caught in trying to move sewer without costing the City. At the time the City made a decision to pump, we did not realize the pumping would last as long as it did. We also found we needed another immediate solution. The City has come up with a system which has been approved by the State. Using grinder pumps and reusable sewer lines for temporary uses. This line can be put in the ground and after the main line is in, you dig up the temporary line flush it and move it to another area where it is needed. However, this development we are zoning know, will be able to go directly into a line to Rush Creek Lift Station which is already working. Mr . Jim Feivor 315 Callie Court wanted to state that he does not believe the zoning mirrors what is across the highway. City Manager Gus Pappas said across the road on the road frontage is Business -1 , which will be on both sides of the highway if this zoning passes. Mayor Pro Tem Fulgham said the Council has spent hours with the master plan for Wylie. This plan does change each year. Mr. Feivor said he does not agree with the zoning. There being no other questions or opposition, Mayor Pro Tem Fulgham closed the public hearing. APPROVE ZONING ORDINANCE FOR 320 .90 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, COLLIN COUNTY ABSTRACT 688 : This property is located on the north side of E. SH78 and east of Eubanks Lane and surrounding the site for the new Municipal Complex. The proposed zoning being recommended by Planning and Zoning Commission and staff is as follows: Business 1 82 .97 Acres Retail 12.00 Acres Multi-family 21.21 Acres Townhomes 19.41 Acres Single Family 3 134 .77 Acres Single Family 2 8 .89 Acres Industrial 41 .65 Acres 228 Motion was made by Councilman Trimble to approve and sign zoning ordinance for the 320.90 acres with the above listed zoning which does include the stipulation of retail by Planning and Zoning. 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. PRESENTATION BY REPRESENTATIVE OF A GROUP OF CITIZENS TO "REQUEST THE RESIGNATION OF COUNCILWOMAN SANDRA DONOVAN" . Mr. Kent Crane of 603 Butler Circle represents 467 citizens, this is not hear say or rumor, we present 467 signatures requesting the resignation of Councilwoman Donovan. We are peace loving citizens, we are embarrassed from what has happened since April when Mrs. Donovan was seated. The resignation of Mrs. Donovan would save us the expense and trouble of a recall election. Mrs. Olympia Margies 10 Lucy Lane is here representing the new citizens of Wylie at the Southfork Mobile Home Park. The petition before you consist of 147 signatures from the park alone requesting the resignation of Councilwoman Donovan. I am appalled at the way one person has disrupted our city government. We in Southfork chose Wylie to live and raise our children and our standards of living because of what we had seen and heard of the friendly home town. In the last four months we have seen one Mayor and three Council members resign. In no other town I have lived in, have I seen one resignation or such turmoil . This seems to due to one woman' s ambition rather than her working for the betterment of the citizens. Some of us at Southfork are now wondering if we made a mistake. We hope with her resignation and the council seats filled with concerned citizens working for and not against Wylie a better governing body will evolve. Thank you. Mr. William Martin 402 Hilltop, after seeing the agenda I felt that the future of the City of Wylie was in trouble. I would like to protect what other Councils have tried to do. No member of a Council can take a back seat to the plans they have put into force. Many hours have gone into planning in order to keep the tax rate the same. The impact fees where put in to help. I believe people do not understand this fee. The annexation plan was to protect the City from other cities trying to take boundaries that belong to Wylie. There was a time when people took pride in saying they served on the City Council , this has changed . In 78-79 there was great pride when Wylie went to State in football and with the Band. People were proud. This is not true any longer. I have people come to my office and business in ,�„ Dallas and ask what is going on in Wylie, this is embarrassing. We have had issues in the past such as the airport, and I believe it is time for the citizens to take charge and get the City back to working as a City. I have lived in Wylie for 50 years and I take pride in Wylie. I want the people to say someone cared in 1986 . Mr. Thomas Maynard 303 N. Jackson said he has been in Wylie for 55 years. My wife and I married here and raised our family. I do not like for people to come in and run the town down. When you go to other cities and they ask what is going on it is embarrassing. Since this one has been on the Council , there has been nothing but turmoil . I say lets move on, let Gus do his job, he works for the City of Wylie but every time he goes out to do something he is working for the people of Wylie. That is what you as Council members do, you represent the people of Wylie. So I am standing up here tonight asking Councilwoman Donovan to resign. I represent the Citizens of Wylie. Mr. John Pierrel 604 Stoneybrook said he had notice since Mrs. Donovan has been on the Council this Council has accomplished nothing. We do not elect people to disrupt things. I object extremely to having a public stenographer here when the City has its own secretary. I came before the City Council when there was a sewer and road problem in from of my house. This sewer problem caused the road to collapse, this was corrected and there was no publicity. It was done without problems. It is not right for a public official to think they have more authority than the citizens have given them. The constitution of the United States of America states this is a government of the people, for the people and by the people, so far I have not seen that. I have seen this is a form for one persons ambition and that all it has, we do not elect people for that, we elect people to do the business of the city without having to mass the entire city down here to see that it is done. Thank you. Mrs. Tina Sorrells 210 S. Fourth during the campaigning we heard many times the people backing you and supporting you during you campaign Mrs. Donovan said they wanted someone in there to get Gus Pappas out. We did not put you there for that reason. I for one did not vote for you, but if you are for the people and the City I will stand behind you. But if you are in for revenge, forget it, we do not need that, we have enough publicity without that. Mr. Fred Ouellette 407 Woodhollow said this is what he has been talking about. We need to go forward, we do not need to ask another person to resign. I do not believe she has been disruptive. Mr. A. G. Snow 315 S. First Street, the letter received from the post office, there should be names on here. Mr. Maynard said he would sign it. Mr. Snow wanted to know what violation has she committed. I would like to hear what she has done. Mr . Snow wanted to know if all the people that 230 signed the petition was from place 6 . The people from place 6 should be the only one to sign this, because they are the —. only ones she is representing. Mr. Snow was informed that the City does not have places at the polls. Mr . Snow still said that the people in place 6 was the only ones she represents. Mrs. Martha Oliver 810 Hensley Road said she was a realtor in Wylie. It was the second or third council meeting that Mrs. Donovan said she would stop the growth of Wylie. It has been done. I know you have backers who have done this. We need this town to grow. Mrs. Wanda Ellis 511 Hilltop stated that Mrs. Donovan was elected by all the people in Wylie, that is no place 6 at the voting poles, she is an elected official , she is not just place 6 . The people of Wylie is who she is to serve. CITIZEN PARTICIPATION: Mr. Kent Crane 603 Butler Circle asked to respond to the above item. The people have brought an item to the Council. it is up to the Council as to how to respond to this item. I do not want to discourage anyone or to cause this to be an emotional issue. It is a request from the 467 citizens of Wylie asking for Mrs. Donovan resignation. Mayor Pro Tem Fulgham called for a ten minute recess. Mayor Pro Tem Fulgham called the meeting back to order. PRESENTATION BY HOMER E. MINYARD TO REQUEST DE-ANNEXATION OF 4 .95 ACRES AND THE APPROVAL OF DE-ANNEXATION ORDINANCE: This item was requested by Mr . Minyard to be pulled from this agenda. It may appear at a later date. APPROVAL OF "INTERLOCAL JAIL SERVICES AGREEMENT" WITH COLLIN COUNTY: Chief Abbot is suggesting that this agreement not be signed until further discussion has been made with Collin County officials. The Chief has stated that $55.00 per prisoner per day or any part thereof is an excessive amount to charge for services already paid for by the taxpayers. I do not think the City should be charged the full amount when most prisoners arrested on city charges make bond immediately after booking process which takes one person approximately 10 to 15 minutes. If the County insists on charging for arresting and booking persons on city charges, I think we should check with our city attorney to see if we would be able to charge the County a like amount for all persons arrested by this department on county warrants since we are also faced with the same responsibilities and liabilities. I think the only time the City should be responsible for this charge is when a person is committed to jail after due process, for the purpose of serving time in lieu of paying his fine. I recommend that the City not enter into this agreement until it has been amended to eliminate charges for merely arresting and booking prisoners. Motion was made by Councilman Westerhof to grant authority to Chief Abbott and City Manager Gus Pappas to talk with the representatives from Collin County about the charges listed in this agreement. Seconded by Councilman Trimble. 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 PAYMENT OF OVERSIZING COSTS IN EASTRIDGE ADDITION: The public improvements in this subdivision were accepted by the City some time ago, however, the billing for the oversizing cost, requested by the City, have just recently been presented to us. The Engineering Department has reviewed these charges and recommend reimbursement be made to Karl Holder, developer of Eastridge Addition, in the amount of $11,952.11. Motion was made by Councilman Westerhof to approve payment of oversizing to Karl Holder in the amount of $11,952 .11 . 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 AMENDMENT TO PLANNED DEVELOPMENT SPECIFICATIONS FOR STONE GROVE PD: The developer of Stone Grove PD has requested this item be tabled at this time. Motion was made by Councilman Westerhof to table. Seconded by Councilman Trimble. 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 . TRAFFIC CONTROL DEVICE FOR ALLEY BETWEEN WOODHOLLOW CT. , DOGWOOD CIR. AND BUTLER CIR. : This alley is being used as a thoroughfare due to the fact there is no north/south street in the area. The traffic is a problem and the residents are requesting some traffic control in the form of speed bumps, a one-way designation, or any other device that will control the traffic and the speed through this alley. City Manager Gus Pappas said the property owners understand that this is a public alley and cannot be closed off, but the city could make it one way or install speed bumps. Mayor Pro Tem Fulgham wanted to know about the liability if this was done. City Manager Gus Pappas said the last time he checked, an alley could be controlled in this way. 232 Councilman Westerhof would prefer speed bumps instead of making it one way. Motion was made by Councilman Westerhof to install speed bumps but not in front of driveways. Seconded by Councilwoman Donovan. Mr. John Pierrel 604 Stoneybrook said speed bumps have been installed in the alley behind his home. These have caused a number of repair bills to his car . Councilwoman Donovan asked for his suggestion. Mr. Pierrel said he did not know but maybe not as many speed bumps. Mr. A. G. Snow 315 S. First wanted to know why not put in all way stop sign. Mr . Morris Love 308 Stoneybrook said speed bumps need to be high enough to correct the speed and big enough to be effective. Mr . David Stephens 303 Woodhollow Ct. wanted to know if you could close the short loop from Butler Cr. into the alley. Kent Crane 603 Butler Cir. said if you put speed bumps on the alley the through traffic will move to another alley. Motion was made by Councilman Westerhof to amended his motion earlier to authorize the City staff to look into the best way to control the alley within 30 days. Seconded by ..., Councilman Trimble. 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. AUTHORIZATION FOR CITY TO BID UNIFORM SERVICES FOR FY ' 86- 87 : The City' s contract for uniform services is due to expire and the staff needs your approval to seek bids for this service. Motion was made by Councilman Westerhof to grant authorization to go out for bids for uniform services. 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. ACCEPT/REJECT STREET RECONSTRUCTION FOR BIRMINGHAM BETWEEN SH78 AND KIRBY STREET: This item is place on the agenda at your request to determine whether or not the City should continue with plans to reconstruct Birmingham Street. We have broken this into two sections. The responses that have been received on this section has 23.89% saying yes and 76 .11% saying no at this time. The WISD has requested the City not reconstruct this section of Birmingham until the school has completed their construction program at Hartman Elementary. The Independent Bank is favorable to this ""` program but would also like to wait until the school construction is completed. Motion was made by Councilwoman Donovan to postpone this section of Birmingham Street until the school construction is completed. 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. ACCEPT/REJECT STREET RECONSTRUCTION FOR S. BIRMINGHAM BETWEEN KIRBY AND S. BALLARD ST. : This item is placed on the agenda at your request to determine whether or not the City should continue with the plans to reconstruct this portion of Birmingham Street. The responses that have been received on this portion is 67 .18% yes, 26.72% no. The City Secretary has received a letter from Mr . Bobby Roan, developer of the Meadows, located on the triangle formed by Birmingham, Stone and S. Ballard, releasing a portion of the perimeter street money on deposit from his development for this project. The staff has also received approval from the residents of Riverview Ct. Motion was made by Councilwoman Donovan to begin work on this section of the reconstruction program of Birmingham Street between Kirby and S. Ballard St. and to send out letters for Stone St. between Birmingham and Ballard. Seconded by Councilman Trimble. 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 PLANS FOR SANITARY SEWER IMPROVEMENTS ON EUBANKS LANE AND SH78 : Detailed construction plans have been completed by our Engineering Department for a sanitary sewer line to be constructed along a portion of SH78 and down Eubanks Lane that will serve a large area of that portion of the City and will tie that sewer service into Rush Creek Lift Station #1 . Businesses along this area have agreed to participate financially in this project and the City will also have some responsibility for participation. The Council needs to approve the plans for this project. Upon the Council approval , the staff will send out letter for the easements needed in order to begin work on this project. Motion was made by Councilman Westerhof to approve the plans for the sanitary sewer improvements on Eubanks Lane and SH78 . Seconded by Councilman Trimble. 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. AUTHORITY TO GO OUT FOR BIDS FOR SANITARY SEWER IMPROVEMENTS ON EUBANKS LANE AND SH78 : The City staff does not recommend doing this project " in house" . We simple have neither the time nor the manpower. Motion was made by Councilwoman Donovan to grant authorization to go out for bids for 234 sanitary sewer improvements for Eubanks Lane and SH78 . Seconded by Councilman Trimble. 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 . COUNCIL DISCUSSION: City Manager Gus Pappas wanted to let the council know that they will be receiving a memo in regards to the Sam' s case and also that the arsonist who has been causing a number of fires has been caught and you will receive a follow up memo on this. As of today, Quail Hollow sewer system is on line and flowing by gravity into Rush Creek Lift Station #1. Councilman Westerhof wanted to thank everyone for coming to the Council meeting and expressing their opinion of the items on the agenda. He challenged each one to go forth with one word "unity" . Councilman Westerhof said each person has different opinions but that does not mean we cannot work together. Everyone is concerned and lets work together and make this a nice City to live in. Mayor Pro Tem Fulgham called on Mr. Fred Ouellette. Mr. Ouellette said he made a statement about stopping everything he would like to restate that building permits not be stopped and that the present City Manager be retained. APPROVAL OF CONTRACT FOR TESTING AND MONITORING SERVICES FOR INDUSTRIAL DISCHARGE: This item was tabled at the last meeting for further study. As requested by the Council , a letter was sent to NTMWD requesting their response to this proposal . The Council should be aware that this monitoring needs to commence as soon as possible along with the passage of the recommended ordinance which TALEM, Inc. has successfully written and defended in court in other communities in this area. We need to move on with this program in order to satisfy the requirements of the EPA and promises we have made to the Texas Department of Health. Councilwoman Donovan said the Council requested three bids. City Manager Gus Pappas read out the three responses received from the information letters that were mailed out. These responses had with them a price list that is used by their firms. There were six packets sent out, but only three responded. Mr. I . W. Santry, Engineering Department, stated that staff recommends TALEM, Inc. . This is a professional service but your normally do not bid professional services. City Manager Gus Pappas said in this type of service your receive a price list and you pay for what you ask for . Mayor Pro Tem Fulgham said his understanding of this is the same as hiring a City Attorney, we are not bidding a project, but requesting a service that we will ask them to give us a recommendation on than follow up on the services we need. Motion was made by Mayor Pro ';;9 Tem Fulgham to award contract to TALEM, Inc. . 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. Mayor Pro Tem Fulgham called for a motion to go into executive session to discuss personnel matters to review the performance of the City Manager . City Manager Gus Pappas waived his rights to the executive session and requested the review be held in the open meeting. Mayor Pro Tem Fulgham said the review of the City Manager was for the Council . Mayor Pro Tem Fulgham said he has worked with seven city managers. He has not always agreed with Mr . Pappas, and has given him a lot of questions. Mayor Pro Tem Fulgham said he has asked Mr. Pappas to run the City as he is instructed by Council . To the best of Mayor Pro Tem Fulgham' s knowledge, Mr. Pappas has done what he was told to do. Mayor Pro Tem Fulgham said he has tested Mr. Pappas on several occasions and Mr. Pappas has done what he was told. Mayor Pro Tem Fulgham said he has voiced his opinion to Mr. Pappas about his weaknesses. There have been people who felt he was being rude by his presentations. Mr. Pappas apologized to these people. Mayor Pro Tem Fulgham said he appreciated the fact the citizens were concerned about the Council, City Manager and the city staff. The City staff from the top and all the way down has been mistreated by the media in the past. If a citizen has a complaint come to the Council instead of the new paper . Mayor Pro Tem Fulgham said for his personal stand, as long as Mr . Pappas does what he is told to do, then he can work with him. Councilman Westerhof said not to repeat things, but the City Manager works for the Council and right now we are working on rocky ground. We need to move forward. Councilwoman Donovan said she goes along with what Councilman Westerhof said but we were elected by the citizens and there should be a little respect. These people need to put their name on the Council ballot. Councilwoman Donovan addressed Mr. Pappas that the council should get treated for who they are not who they represent. City Manager Gus Pappas said it is the City Managers job to direct information to the Council and often must make decisions on matters that the Council has not addressed. This was easy five months ago. It was possible by discussion to make these decisions. I have brought before this Council ordinances and policies which I have no choice but to proceed with unless these are changed. None of these documents have been changed . I do work for the City Council , a majority of the council, no one council member 236 should come and made demands of me. I feel the other council members would be angry over this. City Manager Gus Pappas said he would challenge anyone here to the fact that he has not done what the Council has said to do. Mr. Pappas said he did make recommendations, because that is why he was hired. It is to easy for you to take the heat and me just sit here. If this council does not want me to make recommendations, put this as an item on the agenda and if the majority votes for it, I will not make any more recommendations. City Manager Gus Pappas said it was hard for him to work with someone who has vowed to fire him. It is his belief that this person does not want to learn to work with him and it is tough to be nice to that person. It must be difficult for that person and I have also given the respect to that position. Any member of any Council has always been treated with common courtesy, I have always said yes sir, no sir, and I have never or will never call a council member by their first name. I believe that respect is something an individual earns. Anything this council wants done will be carried out if that is what the majority wants. I do not believe at this time there is mutual respect, maybe in time. Thank you. TERMINATION OF CITY MANAGER: Mayor Pro Tem Fulgham called for a motion on this item. There was no motion or second to this item. APPOINTMENT OF TEMPORARY REPLACEMENT FOR CITY MANAGER: Since there was no action taken in the termination of the City Manager, this item does not need addressing. Mayor Pro Tem Fulgham said he would like to thank and voice his appreciation to the citizens for coming to the meeting. We have meetings twice a month and would welcome you to come and learn what is going on. Tell us if you like for we are doing and tell us if you don' t like for we are doing . Motion was made by Councilman Trimble to adjourn. Seconded by Mayor Pro Tem Fulgham. All were in favor. a 0.4:4O►Fnnr nryy'$ 40, en /) SEAL , ,.,F� Fulg am, ayor Pro Tem ATTEST: L OE, 1 ''%* / AO.0L,/.._,,, .��Y1_'_ arol, 'on', Ci y Secretary