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
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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
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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
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