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
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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
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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 .
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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 .
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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.
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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
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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
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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.
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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
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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.
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