Loading...
10-28-1986 (City Council) Minutes 32 CITY COUNCIL MEETING MINUTES OCTOBER 28 , 1986 7 :00 P. M. The Wylie City Council met in regular session on Tuesday, October 28 , 1986 at 7 :00 P. M. in the Wylie 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 Pro Tem Joe Fulgham, Council Members Calvin Westerhof, Chuck Trimble, and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Acting Public Works Director Kenneth Moelling, Larry Allen of the Fire Department, Louis Nichols, City Attorney. Mayor Pro Tem Fulgham called the meeting to order and Councilman Westerhof gave the invocation. APPROVAL OF MINUTES: There being no corrections or additions to the minutes a motion was made by Councilman Trimble to approve minutes for the October 14 , 1986 meeting as submitted. Seconded by Councilman Westerhof . The vote as 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. PROCLAMATION TO PROCLAIM NOVEMBER 12 , 1986 AS "SALUTE TO SCHOOL VOLUNTEERS DAY" : This request was made by the principal of Hartman Elementary School to proclaim November 12th as "Salute to School Volunteers Day" . Motion was made by Councilman Westerhof to approve and sign proclamation to proclaim November 12 , 1986 as "Salute to School Volunteers Day" . 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. AUTHORIZATION TO JOIN THE NATIONAL LEAGUE OF CITIES: City Manager Gus Pappas said the approximate cost to join the National League of Cities at our current population is approximately $590 .00 . This is much like the Texas Municipal League (TML) which the city is a member of. The National League of Cities provides magazines and literature through out the year of things happening in other cities. The National League of Cities also offers seminars at a discount for Council members. The annual fee for membership is based on population. Motion was made by Councilman Trimble to join the National League of Cities. Seconded by Councilwoman Donovan. The vote was as follows : Mayor Pro 33 Tem Fulgham - against , Councilman Trimble - in favor, Councilman Westerhof - in favor, and Councilwoman Donovan - in favor . This motion did not carry. PRESENTATION BY CITY SECRETARY OF THE PETITION FOR RECALL OF COUNCILWOMAN SANDRA DONOVAN: This presentation is being made under the provisions of Article VI , Section 7 , paragraph 2 of the City Charter . City Secretary Carolyn Jones certified to the sufficiency of the petition for recall of Councilwoman Sandra Donovan. The Affidavit of Petitioners Committee was submitted to my office on September 30 , 1986 listing the charges being brought against Councilwoman Donovan. As of September 30th, there were 1,964 qualified voters in the City of Wylie. There were 534 signatures of qualified voters certified on the petition for recall . City Secretary Carolyn Jones handed out copies of the petitions to each Council member. Councilman Trimble asked why this petition was not a part of the packet. City Secretary Carolyn Jones said it was another 30 pages for the packet and she felt this as not necessary. Councilman Trimble ask if anyone asked for a copy of this prior to the meeting. City Secretary Carolyn Jones said that Mrs . Donovan came by for a copy, but was told that she would be given a copy the night of the meeting as the City Charter stated. Councilman Trimble then asked if anyone else checked the names on the petition other than the City Secretary. City Secretary Carolyn Jones, said no, the City Charter states that the City Secretary will certify to the sufficiency of the petitions. Councilman Trimble said he did not see how any of the other items could be taken care of since they did not get the list in time to look at it. City Manager Gus Pappas said that the Council did not have to agree or act on these charges . City Attorney Louis Nichols told Mrs. Donovan that she has five (5) days to ask for a public hearing. If she wants this hearing, than Council will call a meeting for the hearing and then call for the election. Councilwoman Sandra Donovan made the following statement: "Last April 5th, I was elected by approximately 54% of the citizens voting that day to serve as a city council member . I have done my best to represent the citizens of Wylie. I 'm in the middle of this controversy because I ask questions and bring matters to public attention - which I 34 believe is my duty as a council person. Apparently I have offended some. I have in the past and will continue to vote with the city employees when they are right and against the city employees when they are wrong. The main issue in Wylie is not Sandra Donovan. The issue is will Wylie be governed by a Mayor and council members or by some city employees? i happen to believe that this city should be governed by a mayor and a council . Every citizens needs to be aware of this issue -- some city employees do resent my questioning some of their actions. As long as I serve in this office I will not be intimidated. I will continue to ask the questions people in this community are correct in asking . If those questions are offensive to some city employees I can not understand why they would be offensive unless they have something to hide from the citizens. I resent this voluntary resignation item being placed on the agenda without any prior request coming from me. This doesn' t surprise me and is typical of the personal harassment that I have been subjected to. This is a democracy and the citizens have a right to have their questions asked and answered. I will not be intimidated. I will not resign. " Mayor Pro Tem Fulgham said this was not City employees that brought up the petition, but the citizens of Wylie. Louis Nichols, Attorney, made the statement to the Council that the public hearing does not keep the Council from calling for this election. The Council should not call the election until the public hearing . APPROVAL OF ORDINANCE PROVIDING FOR $15 ,000 . TAX EXEMPTION FOR PROPERTY OWNERS OVER SIXTY-FIVE (65) YEARS OF AGE: The Council voted on this some time back, but an ordinance was never passed . Motion was made by Councilman Westerhof to approve and sign the ordinance providing for $15 ,000 . tax exemption for property owners over sixty-five years of age. 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 FEE ORDINANCE ESTABLISHING FEES FOR SERVICES CONNECTED WITH AMBULANCE SERVICE: These fees have been the result of a meeting with the City Manager, Chief of Police, and Bob Hodgkins of the Ambulance Service. The fees for residents of the City will have cheaper rates both for —, emergency and transfer runs. The staff justifies this action since it is their taxes which will ultimately be 35 called upon to support any shortfall in the operational expenses. Motion was made by Councilman Trimble to approve the amendment to the fee ordinance establishing fees for the services connected with the ambulance service. 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. CITIZEN PARTICIPATION: None PRESENTATION BY HOMER MINYARD REQUESTING THAT ORDINANCE NO. 86-50 ANNEXING 4.95 ACRES BE DECLARED VOID, THUS DE-ANNEXING HIS PROPERTY FROM THE CORPORATE LIMITS OF WYLIE: Councilwoman Donovan said that Mr . Minyard' s attorney called her and told her they would not be present at the meeting. That they will call back in December after the election and there is a full council . AUTHORIZATION TO GO OUT FOR BIDS FOR AN AMBULANCE AS APPROVED IN THE 1986-87 BUDGET: This item is included in the 86-87 budget, but staff needs your approval to go out for bids. Motion was made by Councilman Westerhof to grant authorization to go out for bids for the ambulance. 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. AUTHORIZATION TO GO OUT FOR BIDS FOR A SUBURBAN TRUCK FOR THE FIRE DEPARTMENT: This item is also included in the 86- 87 budget, but staff needs your approval to go out for bids. Motion was made by Councilwoman Donovan to grant authorization to go out for bids for the Suburban truck. 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: Councilwoman Donovan wanted to know where we were on the street program. City Manager Gus Pappas said we have most of the volunteer liens back in, but that the attorney believes we will have to hold a public hearing prior to issuing liens on the involuntary property. The staff is waiting on an answer from the attorney. Mayor Pro Tem Fulgham made the statement on the progress of the sewer treatment plant, that he had asked a lot of questions and that the staff is doing okay on this. The staff is getting very close to finishing the clean up and starting this process prior to being assessed a fine by the State. Mayor Pro Tem Fulgham asked if the State has replied to our letter . City Manager Gus Pappas said the letter was hand delivered to the State by Mr . Santry. We are asking 36 for an extension on our permit on the old plant. The State has told us that seven (7) years ago they told the City to start making repairs and improvements to the plant. The City did not do this, but they are pleased that we have put in their hands a copy of the plans for the improvements and the fact that we are in the process of putting plans together for a new sewer treatment plant. As of this date, we do not have a written reply from the State, but the next step will be to authorize CH2M Hill to go into the next phase of the plans on the sewer treatment plant. There being no other business, Mayor Pro Tem Fulgham called for a motion to adjourn. Motion was made by Councilman Westerhof to adjourn. Seconded by Councilman Trimble. All were in favor . wimmitook ife// SEAL 14 /oe Ful ha/Mayor Pro Tem ATTEST: l E tiS"e t ..mod Caroly nes y Secretary