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06-23-1987 (City Council) Minutes d3/ CITY COUNCIL MEETING MINUTES JUNE 23, 1987 7: 00 P. M. The Wylie City Council met in regular session on Tuesday, June 23, 1987 at 7 : 00 P. M. in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan , Council Members Calvin Westerhof, Kent Crane, John Akin, Chris DiTota and Marvin Blakey, Acting City Manager James Johnson , City Secretary Carolyn Jones, Code Enforcement Officer Roy Faires , Acting City Engineer Ron Homeyer , Acting Public Works Director Don White, and Supervisor of Finance Prudence Kling . Mayor Trimble called the meeting to order and Councilman Blakey gave the invocation. APPROVAL OF MINUTES: There being no corrections or additions to the minutes , a motion was made by Councilman Westerhof to approve minutes as submitted. Seconded by Councilman Crane. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . PENDING EXPIRATION OF MEMBER TERMS ON LIBRARY BOARD, CONSTRUCTION TRADES BOARD AND ZONING BOARD OF ADJUSTMENTS: Councilman Akin thanked staff for the report on all the boards and which members said they would continue for another term. Councilman Akin also noted that there were several vacancies. Councilman DiTota wanted to know if Council was going to stagger the terms on expiration dates . Mayor Trimble said would like to go with 1 year and 2 year terms . Mayor Trimble also requested that Council be thinking of some names of people to serve on these boards that have vacancies . There was no action taken on this item at this time, the Council will address this item on their next agenda . AMENDMENT TO ORDINANCE 78-17 REGARDING REGULATION OF VEHICULAR TRUCK TRAFFIC ON CITY STREETS: Mr. Roy Faires stated that there was a request by Lt . Johnny Holley to change the word "truck" to "motor vehicle" . Councilman Akin asked if this established the truck route. Mr . Faires said no, the truck route had already been established by a prior ordinance. Motion was made by Mayor Pro Tem Donovan to 02.3A approve the amendment of this ordinance with the above change. Seconded by Councilman DiTota . Councilman Crane said there were State and Federal Laws that will not allow an ordinance to prohibit buses on city streets . Mr . Thomas Maynard of 303 N. Jackson, operates one of the buses , and stated the buses are regulated under state law and that law allows them to go on any street within a City to deliver or pick up people . Councilman DiTota said isn' t this for through street usage. Mr . Maynard said you can not stop a bus from going on any street . Mayor Pro Tem Donovan chose to rescind her motion to pass this ordinance. Motion was made by Councilman Akin to table this item until a further study had been done. Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . AMENDMENT TO ORDINANCE NO. 84-12 PROVIDING FOR FEES AND CHARGES FOR EMERGENCY MEDICAL SERVICES PROVIDED BY THE CITY: Prudence Kling from the Finance Department stated that if Council was considering a fee increase it would have to be "Aim's"` done in June in order for Medicare to pay the increased amounts . Medicare begins their physical year on July 1 and all fees are approved prior to that time. The following changes are being presented for the increases in fees: Emergency, non resident pick-up outside the corporate limits of the City from $120 .00 to $150 . 00 plus mileage Emergency, resident of City picked-up within the corporate limits from $100 .00 to $125 .00 Non emergency transfer service for non-resident picked- up outside the corporate limits of the City from $75 .00 to $100 .00 plus mileage Non-emergency transfer service for resident of the City from $50 .00 to $75 .00 plus mileage Add the following additional charges to the original ordinance: Oxygen mask $2 .75 each 4 X 4 bandages . 75 each Triangle bandages .75 each Motion was made by Councilman Westerhof to approve the new fees for the emergency medical services . Seconded by Councilman Akin. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor. This motion carried with all in favor . APPROVAL OF AN ORDINANCE ESTABLISHING SMOKING AND NON- SMOKING AREAS IN MUNICIPAL COMPLEX: The smoking areas in the new municipal complex will be the break room and the court yard, all other areas will be non-smoking. Motion was made by Mayor Pro Tem Donovan to approve the ordinance establishing smoking and non-smoking areas in municipal complex . Seconded by Councilman DiTota . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - against , Councilman Westerhof - in favor, Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with six (6) in favor, and one (1) against . PRESENTATION BY MR. LAIRD MARKLAND OF MCCREARY, VESELKA, BECK AND ALLEN, P.C. REGARDING TERMINATION OF DELINQUENT TAX COLLECTION CONTRACT: Mr . Beck who is a member of this firm, requested to speak to Council prior to Mr . Markland. Mr . Beck said it was a pleasure to be here and that one of the problems was communication between the City and this firm. Our firm has worked with Sallinger, Nichols, Jackson in Dallas on other taxes , we just tried to get a joint contract with the City of Dallas and Dallas I .D .S. Mr . Beck said their firm wants to stay on as the City of Wylie ' s tax attorney. Mr. Markland said the one problems recently was our firm sent out a list for the City staff to mark as paid/due and return prior to June 1st. This list was received from Wylie the end of May without any addresses . I called Mr . Johnson about this and one of your clerks marked our list up and sent it back. Mr . Johnson said there were some tax payers who he wanted something done about. I have taken these and gone for collection . Mr . Markland said in comparing the City of Wylie' s delinquent taxes with other cities , Wylie has $44 ,000 prior to 1986 - Grayson County ISD had $398 ,000 . of which $108 ,000 . was 1986 and Anna ISD has $210 ,000 . of which $76 ,000 is 86 taxes . As you can see, Wylie has the best record. Mr. Beck stated that his firm would go out and seize property if that is what the Council wanted them to do. Mr . Markland said they had begun to use the telephone to contact people who have delinquent taxes and it has paid off . Councilman Westerhof thanked them for coming out , but would you have come if the council had not notified you that the City was terminating their contract with this firm. Councilman Westerhof also stated that Mr . Markland made the remark about the biggest delinquent tax payer coming in and paying up his account. But Mr. Markland , you failed to state that several of the Council members had talked with �� y this party and had visited with him. Your firm cannot take the credit for that delinquent tax coming in . Councilman Crane stated that Mr. Markland had asked what we wanted, Council wanted your attention and we got it , I would be inclined to go one more year. Councilman Akin said we got their attention, but for how long . Motion was made by Councilman Crane to obtain this firm and set up regular meetings for discussion for one more year . There being no second , this motion died . Mayor Trimble called for a five minute recess . Mayor Trimble called the meeting back to order after the recess . DISCUSSION ON COLOR SCHEME SELECTION AND TEXTURES FOR THE NEW MUNICIPAL COMPLEX: Councilman Akin wanted to know if action had been taken on this in one of the meetings he had missed. Mayor Trimble said no, that one council member had been asked to work with Mr . Faires of the City Staff and Mr . Kennedy of Speed Fab-Crete for the color scheme. Councilman Crane said he had a question about the texture, in a work session the Council had discussed sand texture. Mr. Faires _ said the crow foot texture looked like a better finish. • Councilman Crane agreed, but said this was used mostly in homes not businesses . It was noted that if there was any change in the color scheme at this time, there would be an additional charge. There were no changes made. APPROVAL OF SPECIAL WARRANTY DEED FROM K. C. SWAYZE REGARDING 1 .930 ACRES OF LAND: Mr . Swayze gave this land to the City for a small park. The park is located between Willow Way and Valentine streets . Council voted on accepting this land for a park in December, 1984 , but there was never a warranty deed signed by Mr . Swayze or the City. Motion was made by Councilman Akin to approve the warranty deed . Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor. CITIZEN PARTICIPATION: Mrs . Wanda Ellis of 511 Hilltop wanted to know who made the decision to put council members pictures in the new council chambers? What is the cost of this? City Manager James Johnson said the cost is less than $300 . 00 . Did you choose different companies. City Manager James Johnson said no , the Mayor ' s was at no charge and the council members were charge for their pictures. Mrs. Ellis then asked if there was an extra charge on the paint for the new complex. Mayor Trimble said there was no change in the color scheme tonight , there was no charge. Mr .s Ellis then wanted to know if council had to approve the changes before they were done . City Manager James Johnson said yes . COUNCIL DISCUSSION: Councilman Akin asked what was the original cost of the new complex . City Manager James Johnson said it was $1,734 ,838 , the bond was for 1 .8 million and the amended cost is at $1 ,736 ,815 . Councilman Akin wanted to know if the money was drawing interest. City Manager James Johnson said yes . Councilman Akin wanted to know if the weedy lot ordinance could be looked at , if we send out letters and give the people 14 days to comply, by the time the 14 days are past , the grass and weeds are another two feet tall . Can we mow and send a bill to the owner, I am getting a lot of calls about weedy lots . Councilman DiTota thanked the staff for the handling of the house on Sliverleaf . Councilman Crane wanted to know if staff had looked at bronze plaques . Mayor Pro Tem Donovan wanted to know how the council wanted to go about changing the city logo. Councilman Akin said we went through a lot and gave a $100 .00 for the logo , it is on everything and now we want to change it. Mayor Pro Tem Donovan said she did not want to meet with the people if council did not want to go that way. Councilman Akin said the problem is we are beginning to change things that other council ' s have put into effect. Mayor Pro Tem Donovan said we would not change everything at once, only when things needed to be repainted or as supplies ran out. Councilman DiTota said it would cost a lot for the repainting and for all the supplies to be reordered at once. Councilman Akin said he has a problem with council not supporting what other councils have done. Councilman Crane suggested that council wait until they are in the new complex . Mayor Trimble said the meeting with Jerry Hoagland on July 14th, is changed to July 16th at 7 :00 P. M. in the Library. This is because Mr . Hoagland cannot be here on July 14th. APPROVAL AND AUTHORIZATION FOR MAYOR TO SIGN TASK ORDER #4 FROM CH2M HILL: Mr . Morrison from CH2M Hill stated this task order #4 is in regards to design services for the upgrade and expansion of the existing wastewater treatment plant , and services for preparing progress reports for the Texas Water Commission as stipulated in their Enforcement order to the City. The design we are to follow is to upgrading the existing plant to a capacity of 2mgd . Councilman Crane said there was another way that may save the City some money, but as of this date the person had not sent him or the Mayor the information . The City of Dallas has used this method since the State has come down on them to come into compliance . The City of Dallas is having good results from this system. Mr . Morrison requested the information be sent to him as soon as it was received and he would check into it. At this time, Mr . Morrison, stated he was not sure what they were talking about . Motion was made by Councilman Westerhof to approve and sign task order #4 . Seconded by Mayor Pro Tem Donovan . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried all in favor . AWARDING PROFESSIONAL SERVICES CONTRACT UNDER MAYOR 'S SIGNATURE FOR UTILITY RATE STUDY: There were presentations given by Reed-Stowe & Company and Charles Binford Jr . Financial Consultant. Mr . W. M. Vick of 680 Jock Lane, asked if any of the council members were associated or connected with either of these firms . City Manager James Johnson stated that of the two Binford had the lowest quote, but that staff would recommend Reed-Stowe since they have the most experience . Motion was made by Councilman Crane to go with Charles Binford Jr . , Financial Consultant since they gave the lowest quote . Seconded by Councilman Akin. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - against , ,Councilman Akin - in favor , , --+ Councilman Westerhof - in favor, Councilman DiTota - against , Councilman Crane - in favor , and Councilman Blakey - against. This motion carried with four (4) in favor, and three (3) against . APPROVAL OF ATTORNEY' S FEES IN CONNECTION WITH RECALL PETITION: The cost of these fees is $7 ,057 .23 , and are for Mayor Trimble, Mayor Pro Tem Donovan and Councilman Westerhof . Councilman Akin said he did not like to see this on the agenda . There is a direct conflict of interest plus moral and ethical problems and I do not support this at all . City Attorney Mr . Dillard said the City of Wylie has the right to pay this bill and it is not a conflict of interest . This is no different from any other bill the city has to pay. Councilman Crane ask Mayor Trimble if he could read a statement to the council . The statement read as follows : Motion was made by Mayor Pro Tem Donovan to approve the payment of the attorney fees. Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - against , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - against, and Councilman Blakey - in favor . This motion carried with five (5) in favor and two (2) against . Mrs . Wanda Ellis came forward and stated that these council members should not vote on this item. Mayor Trimble asked her to sit down . DISCUSSION ON SENATE BILL 336 (IMPACT FEES) : City Manager James Johnson said this was the bill that had been discussed at several council meetings. This bill has been passed and is effective immediately, at first it was thought to have an effective date of September, 1987 . The Governor has declared this to be and emergency and it is effective immediately. Public hearings will have to be held when imposing this fee with three notices (30-60 days) from date of hearing. Since this bill has been passed, it is necessary to have a person serve on the Planning and Zoning Commission who represents real estate, development or building industry. Impact fees will be used to pay CH2M Hill and to pay for capitol improvements . Councilman DiTota wanted to know if this bill set the standards for the fee. City Manager James Johnson said yes , it gives the guidelines . City Manager James Johnson suggested that council and the responsible parties get together and work on this fee and get a rate study done on the Impact Fee . City Manager James Johnson said that the City Charter states that the Planning and Zoning Commission will review this fee . Mayor Trimble recessed the open meeting and convened council into executive session under the authority of Article 6252- 17 of V.A.C.S. Section 2 - legal matters consultation between the Governmental Body and its Attorney. Mayor Trimble reconvened the opening meeting and stated that there was no action to be taken from the executive session . Motion was made to adjourn with all i vor . Chuck Trimble, Mayor ommuritsitorto ATTEST: �G SEAL , 9 > ]��t Ca o es, i Secretary %** 14/1, y,Py