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
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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 .
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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
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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.
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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.
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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.
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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
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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.
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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
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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
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