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03-08-1988 (City Council) Minutes 422 CITY COUNCIL MEETING MINUTES MARCH 8, 1988 The Wylie City Council met in regular session on Tuesday, March 8, 1988 at 7 :00 P.M. in the Council Chambers of the Municipal Complex . 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 , Chris DiTota, and John Akin, City Manager John Pitstick, City Secretary Carolyn Jones , Finance Director James Johnson, Code Enforcement Officer Roy Faires, David Medanich from First Southwest Investments and City Attorney Rob Dillard. Councilman Crane arrived late and Councilman Blakey was absent. Mayor Trimble called the meeting to order and Councilman Akin gave the invocation. APPROVAL OF MINUTES: The minutes submitted for approval were for the meetings of February 23rd and March 1st. �.. Councilman Akin wished to correct the minutes of March 1st. The paragraph referring to the refinancing of equipment and certificate of obligations needed more explanation. Mayor Trimble asked Councilman Akin to call Carolyn and correct this . Motion was made by Mayor Pro Tem Donovan to approve the minutes of the February 23rd meeting as submitted. 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 , and Councilman DiTota - in favor. This motion carried with all in favor . AWARD OF BID FOR RADIOS FOR THE NEW POLICE CARS: These radios are for the two (2 ) new police cars that were order some time back. Staff received three bids which were as follows : Motorola $5 ,576 .00 plus maintenance contract Midland $5 ,102 .00 plus maintenance contract General Electric $6 ,369.66 plus maintenance contract Bid prices including maintenance contracts for three years were as follows : Motorola $6 ,140 .00 Midland $6 ,230 .00 General Electric $7 ,953 .66 423 Staff recommends Motorola, the City is currently using and has been replacing its police radios with Motorola Radio equipment . The standardization of this type of equipment would allow for a better utilization of the equipment in the department . Mayor Pro Tem Donovan wanted to know what kind of taxes the City would loose by not going to Ken' s Communication. Mr . Johnson, Finance Director , said none, as the City is tax exempt. Mayor Pro Tem Donovan said there was a lot of talk from Council about staying in the City for purchases and here staff is requesting going to Dallas . City Manager John Pitstick said these radios are compatible with the equipment being used now and have the same maintenance vendor as the computer system in the police department. Motion was made by Councilman Westerhof to approve the award of bid to Motorola in the amount of $6 ,140 .00 . Seconded by Councilman DiTota. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor , Councilman Westerhof - in favor , and Councilman DiTota - in favor. This motion carried with all in favor . PRESENTATION OF THE 1988 ACTION PLAN FOR THE CITY OF WYLIE: City Manager John Pitstick said the action plan is set up with twenty programs and projects that the administration intends to focus on during the coming months. 1 . PUBLIC INFORMATION PROGRAM An active program to better inform the citizens, work closer with the newspaper to get the information out to the public. 2 . PERFORMANCE EVALUATION FOR ALL CITY EMPLOYEES This is determined by performance of the employee while on duty and is done every six months. 3 . NEW BUDGET FORMAT - Staff plans to develop a Program/Performance Budget format which will start to look at the cost of providing services on the basis of "programs" . Second, this type of budget will use performance indications that will tell us how well we are doing regarding the delivery of services. Thirdly , will place a higher level of accountability on the staff , and give the Council more control over the budget and be more informative to the public. 4 . STRATEGIC PLAN - To begin to establish a strategic direction for the City by developing major policy directions as developed by consensus of Council . 424 There are plans for a one day retreat format in early June just prior to budget work sessions . 5 . MASTER THOROUGHFARE PLAN - to establish a master thoroughfare plan as a beginning for a master land use plan, capital feasibility plan and new impact fee study. 6 . IMPROVED CITY WIDE PREVENTIVE MAINTENANCE PROGRAM - by establishing an accurate work order system, water, sewer and street inventory and equipment and vehicle inventory , you can more actively identify high 0 & M cost and concentrate on problem areas within our City. 7 . STREET PAVING AND ASSESSMENT PROGRAM - staff hopes to be able to reconstruct several streets in Wylie and actively assess property owners to help extend the program. 8 . ACTIVE SUPPORT OF COLLIN COUNTY BOND PROGRAM - Hope to stay active in the development of the 1988 Collin County Bond Program. Staff has had a lot of support from citizens, they have been making a lot of the meetings and expressing their concerns for the needs of Wylie. Staff hopes this continues and we will be able to sell the bond program to citizens and do active lobbying for Wylie' s fair share of county bonds funds in the future. 9. COMPLETION OF SANDEN BLVD. AND SPRING CREEK PARKWAY - by working through Collin County, the staff hopes to complete the construction of Sanden Blvd. and Spring Creek Parkway within Wylie . 10 . IMPROVED EMERGENCY SERVICES - Staff hopes to develop an ongoing relationship with Lifeline Ambulances to successfully provide advanced life support emergency service to all citizens in Wylie, and to offer the enhances 9-1-1 service beginning in April , 1988 . By offering these two services we will be the only city in the county outside of Plano to have these advanced emergency services. 11 . IMPROVED PUBLIC RELATIONS FOR POLICE DEPARTMENT - Staff has started having crime watch programs with small area groups and we are about to kick off a physical fitness program for all officers. 12. IMPLEMENT INITIAL PHASE OF LANDFILL - plan to complete the initial hydrogeological engineering and evaluation study from which a closure plan 425 will be formulated and settle the law suite with the attorney general ' s office. 13 . EXPANSION OF SEWER PLAN AND MAJOR SEWER LINES - this is the area where we are under a mandate from Texas Water Commission and staff plans to work with North Texas Municipal Water District to expand our existing Wastewater Treatment Plan and build necessary sewer lines. 14 . ECONOMIC DEVELOPMENT PLAN - Staff wanted to build more industry in Wylie and to attract industry into our City. 15. ACTIVE LEASE OF MUNICIPAL COMPLEX - continue to market all unused office space at the complex with emphasis on governmental and intergovernmental agencies . 16 . IMPROVED ACCESS ON 78 AND FM 544 - continue to actively lobby for improvements of Hwy 78 and FM 544 for better access to Wylie. To try and improve specific intersections off of these highways to enhance traffic, widen intersections and improve turn lanes . 17 . CITY WIDE LITTER AND BEAUTIFICATION PROGRAM - staff hopes to establish a city wide committee for improving aesthetics in the community and actually participate in the Keep Texas Beautiful through a public relations and Spring clean up program. 18 . FACILITATE THE RELOCATION OF SANDEN INTERNATIONAL TO WYLIE - plan to help in any way to facilitate the location and growth of Sanden International in Wylie to promote an aggressively cooperative spirit and build a basis for future industrial development 19 . VOLUNTEER PROGRAM - Staff hopes to have a volunteer coordinator to oversee all volunteer programs for the City. These volunteers will be used in our Library, park and recreation programs for the Community Center . 20. ANNEXATION PLAN - comprehensive look at Wylie' s City limits - to begin to establish our ultimate city limits and properly serve all residents City Manager John Pitstick told Council that if the above met with their approval , staff would like to move on with the program. 42fi Councilman Akin complimented the staff for the work done on this program. Councilman DiTota wanted to know how employees were looking at the evaluations . City Manager John Pitstick said employees are doing fine, it is hard on the staff doing the evaluating. Councilman Westerhof would like this report updated to Council periodically. City Manager John Pitstick said he would keep Council informed . Mayor Trimble said the strategic plan is very a difficult thing to get started, but it is very good. The City Manager and I have been talking about this for sometime and discussing a five (5) year plan. Mayor Trimble also complimented the staff for the work done on this. APPROVAL OF REAPPOINTMENT OF MR. RAYMOND COOPER TO THE NORTH TEXAS MUNICIPAL WATER DISTRICT BOARD OF DIRECTORS: Mr. Cooper has represented the City of Wylie on this board for the past two years. Mayor Trimble thanked Mr . Cooper for giving his time to the City. It is important to give Mr. Cooper support and North Texas Municipal Water District our support . Mayor Trimble stated he was the one that requested this be put on the agenda and therefore, made a motion to "^ reappointment Mr. Raymond Cooper as the representative for Wylie to the North Texas Municipal Water District Board of Directors for another two year term. Seconded by Mayor Pro Tem Donovan. Councilman Akin said he was going to ask who put this on the agenda, but now I know. This has been done in the past after the election, why are we doing it now. Councilman Crane said this looks as if we do not trust the people coming in and maybe this should not be done. Mayor Trimble said that was not what he intended. Mayor said he just wanted to give North Texas Municipal Water District and Mr . Cooper the support from the City. Councilman Akin also said that Wylie has over 5 ,000 residents and we are working one short on the board. Councilman Crane said he would rather table this item. Mayor Trimble called for a vote on the above motion and second to reappoint Mr . Cooper to the NTMWD Board of Directors. 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, and Councilman Crane - against. This motion carried with four (4) in favor and two (2) against. 427 APPROVAL OF ORDINANCE AUTHORIZING THE ISSUANCE OF $400 ,000 CITY OF WYLIE CONTRACTUAL OBLIGATIONS IN ALL MATTERS INCIDENT AND RELATED THERETO: City Manager John Pitstick stated that there has been a lot of talk about the Bomag and what it does . A few years ago the City purchased six (6) pieces of equipment. This contract was for 84 months and the City has paid 32 months of it . The main question is can we get out of the contract. The City Attorney, Robert -Dillard, has said no, if we get out we cannot contract for any equipment or street work without placing the City in a position of a possible law suit . Councilman Akin stated that the City Attorney looked at this agreement prior to Council approving it . Councilman Westerhof stated that if we would relinquish the equipment back to the people, in two or three months we decide to do some streets and we contract out, the people could sue us . Mr . Dillard said yes, also you cannot unfund something you have already funded for the year . The Council has created a debt by approving the budget, so you cannot get out of this in this budget year. Mayor Pro Tem Donovan wanted to know if there wasn' t a clause about giving a thirty (30) or sixty (60) day written notice to terminate from either party to end that contract . Mr . Dillard said if it is there, it would have to be done at the end of a fiscal year . Mr . Dillard said the first option of getting out of this contract would be Oct . 1 , 1988 if you do not fund this in the 88/89 budget . However , there are still all those little terms in there, and you could not lease or contract any type work that would be done with this type of equipment. Mayor Trimble asked Mr . Dillard if he had looked back to see why his firm said this was a good agreement. Mr . Dillard said no, but he could, except this is a standard agreement and he would recommend it be used. Councilman Westerhof said if we refinance, pay the equipment off, then we could do what we want with the equipment . Mr . Dillard said yes, you can keep it or sell it, whatever you want to do. Councilman DiTota said on the initial contract were there any clauses written in by the City of Wylie or your law firm on our behalf . Mr . Dillard said no sir, this is a standard agreement . Councilman DiTota wanted to know if there were any cases of other cities, when they city says come and get the equipment . Mr . Dillard said yes, but did not know the out come. 428 City Manager John Pitstick said we have enough law suits right now, and staff would recommend the contractual obligation - refinancing equipment. On the current note the rate of interest is 16% and if we buy out the six pieces and refinance, plus purchase a motor grader and backhoe and sewer truck with an amount of $400 ,000 . the interest would be 6 1/4% . By refinancing the City will be getting a lower rate of interest and have an actual savings of $10 ,000 or greater with interest savings of approximately $20,000 . Mr . David Medanich of First Southwest Investments stated that the Council is not refinancing , but buying out their equipment. Take the payments out of M & 0 and put it into debt service which also helps your tax rate. Councilman DiTota wanted to know if there was any other benefits beside lower interest rates. Mr. Medanich said take expenses out of M & 0 and put it into debt service, have ownership of property. Councilman Akin waned to know what the buy out figure was. City Manager John Pitstick said $274,133 . 29 was the buy out amount. Council would borrow $275,000 . for buy out plus 125 ,000 . for additional equipment and issuance and legal costs. This would be divided up with 80% coming from General Fund and 20% coming from Utility Fund. City Manager John Pitstick said staff is recommending this whether we do any streets. This allows us to save money and to own the equipment out right. Mayor Pro Tem Donovan stated she likes the savings of interest and owning the equipment, the problem is the purchase of a backhoe and motorgrader when citizens have told us to do with what we have. I do not like buying equipment when we have had to lay off our Librarian and others . City Manager John Pitstick said the motorgrader has to be used and we have to lease one now when we need it. We do lease one a lot. Our backhoes are in bad shape and the backhoe is needed. Mayor Trimble stated that we are renting the motorgrader. Councilman Akin said he understands Mayor Pro Tem Donovan but we need to go ahead, make up our minds. The questionnaire said to do the streets. Mayor Pro Tem Donovan said how can you borrow money when citizens said work with $.50 . Councilman Akin said we are not going to do anything until the people let us know what they want us to do. The rollback happened because we left the people out . I think we cannot leave the people out , we have to move or not move. We have to move forward on this. 429 Councilman Crane said he did not feel like this move in any way would be contrary to the decision of the people in the rollback. If it appeared to be I would be against it, in fact this seems to be in favor of the poll that we took. Councilman DiTota said one of the biggest deficits we have carried forward is the contract of sewer pumping services. We need a backhoe and I do not want to have to pay contract rate for that. Motion was made by Councilman Westerhof to approve the Ordinance authorizing the issuance of $400 ,000 City of Wylie Contractual Obligations in all matters incident and related thereto (equipment refinancing) . 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 - in favor and Councilman Crane - in favor . This motion carried with five (5) in favor and one (1) against. APPROVAL OF A RESOLUTION APPROVING/AUTHORIZING THE EXECUTION OF A "PAYING AGENT/REGISTRAR AGREEMENT" IN RELATION TO THE "CITY OF WYLIE, TEXAS PUBLIC PROPERTY FINANCE CONTRACTUAL OBLIGATIONS SERIES, 1988 AND RESOLVING OTHER MATTERS INCIDENT AND RELATED THERETO: Motion was made by Councilman Westerhof to approve the resolution approving/authorizing the execution of a "Paying Agent/Registrar Agreement" . Seconded by Councilman Ditota. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - against, Councilman Akin - in favor, Councilman Westerhof - in favor, Councilman DiTota - in favor , and Councilman Crane - in favor. This motion carried with five (5) in favor and one (1) against. jj APPROVAL OF AN ORDINANCE AMENDING THE PLUMBING CODE TO COMPLY WITH THE WATER CONSERVATION PLAN AS REQUIRED BY TEXAS WATER DEVELOPMENT BOARD: City Manager John Pitstick said the changes in the plumbing code have come about from the Texas Water Development Board. It is necessary for the City to provide a water conservation program and in order to do that the following changes have to be adopted into our plumbing code ordinance: 1 . Tank-type toilets - no more than 3 .5 gallons per flush 2 . Flush valve toilets - no more than 3 .0 gallons per flush 3 . Tank-type urinals - no more than 3 .0 gallons per flush 4 . Shower heads - no more than 3 .0 gallons per minute 430 5 . Lavatory and kitchen faucets - no more than 2 .75 -• gallons per minute 6 . All hot water lines - insulated 7 . Swimming pools - new pools must have recirculating filtration equipment Staff recommends approval of the above as the changes have come from the Texas Water Development Board. Motion was made by Councilman Akin to approve the ordinance amending the plumbing code to comply with the Water Conservation Plan as required by Texas Water Development Board. Councilman DiTota wanted to know if there were any other changes since the first time Council reviewed these. City Manager John Pitstick said no. The motion made by Councilman Akin was 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, and Councilman Crane - in favor. This motion carried with all in favor . APPROVAL OF AN ORDINANCE ADOPTING THE DROUGHT CONTINGENCY PLAN AS REQUIRED BY TEXAS WATER DEVELOPMENT BOARD: Motion was made by Councilman Akin to approve the ordinance adopting the Drought Contingency Plan as required by Texas Water Development Board. 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 and Councilman Crane - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION: Jayne Chapman 311 Woodhollow Court, in item number 4 , I was surprised that it is passed two months in advance. I do not understand why the Council did something that was not their job, can you explain it to me. Mayor Trimble said he would explain it to her after the meeting . Mrs . Chapman said it was a funny situation to her that this person is a financial supporter of someone who is running for re-election at this time. I do not know the importance to another person , perhaps maybe even an employer of somebody else that is running for re-election, maybe that is the answer . Mr. Ronnie Bentley 501 Stoneybrook, are workshops open to the public, if so why do you close the door . City Manager John Pitstick said yes, and he apologized for the door being closed, they are posted and the door should be open . Mr. 431 Bentley said on the machinery, you have two backhoes, are you going to replace them. City Manager John Pitstick said we are going to retire one. Mr. Bentley wanted to know if the staff was looking for used equipment or do you have new bids for them. City Manager John Pitstick said we are going out for bids, there is enough money in there for them. Some of the equipment we are seeking is used and some is new. But all of the equipment will have to have bids on them and be brought back to Council for approval . COUNCIL DISCUSSION: Councilman Akin stated that some of our parks are being neglected . Some of the tables need repairs done to them in the Kirby Park, it would not take but a little wielding to fix them up. Maybe we could approach the Lions Club, to see if they would take over Kirby Park during the summer. They have done this in the past . Councilman Akin also stated that March 22 and April 12 is the public hearing dates for the street program, and also borrowing money for certificates of obligation and what have we done to advise the citizens of these public hearings . City Manager John Pitstick said we are working on a 1/2 page ad for the newspaper for these hearings. Councilman Akin said he felt this was very important to all of us to get the endorsement from the people we serve. I have said this before, we have done this and have been very successful , but when we cut the people out we have run into trouble. I hope we watch this program very closely. Councilman Westerhof stated that the City Manager said in a work session that he was talking with several business about discharging in the Wastewater Treatment Plant, are we doing any monitoring. City Manager John Pitstick said yes , and we have to report to Texas Water Commission Board. Councilman DiTota wanted to know if John Morgan on the Park Board was able to get a place for the circus. City Manager John Pitstick said yes. Councilman DiTota also wanted to know if anything had been done about the trash ordinance that was passed in informing the public . Can this go out with the water bills. Also Councilman DiTota wanted to know if there was a curfew for kids under certain age. City Manager John Pitstick said if there was no ordinance it would be better to have a policy. Councilman Akin said that there was an ordinance passed several years ago, but that you have to be careful with the juveniles . Mayor Pro Tem Donovan said the Mayor of Lucas and herself have put together a meeting on March 19th in the Council Chambers with several other cities to discuss the ambulance service and animal control . Mayor Trimble recessed the open meeting and convened Council into executive session at 8 :25 P. M. under the authority of 432 Article 6252-17 V.A.C.S. , Section 2 paragraph "g" personnel matters , performance review of City Manager . Mayor Trimble reconvened the open meeting at 9 : 10 P. M. and stated there was no business to take care of from the executive session. Motion was made to adjourn with all in - o . Chuck iC'w" .le, Mayor ATTEST : F n+nnu 'rol 4o, Ci y Secretary V SEAL -,, co ..b �sikilo lWIt't o