07-28-1987 (City Council) Minutes 255
CITY COUNCIL MEETING
MINUTES
7 : 00 P. M.
JULY 28 , 1987
The Wylie City Council met in regular session on Tuesday,
July 28 , 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
Kent Crane, John Akin, Chris DiTota, Calvin Westerhof, and
Marvin Blakey, Acting City Manager James Johnson, City
Secretary Carolyn Jones , Code Enforcement Officer Roy
Faires , Acting Public Works Director Don White, and
Engineering Department Ron Homeyer .
Mayor Trimble called the meeting to order and Councilman
Westerhof gave the invocation.
APPROVAL OF MINUTES: The minutes of the July 14th , July
16th and July 23rd meetings were submitted for approval .
Motion was made by Councilman Westerhof to approve as
submitted. 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 with all in favor .
APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENTS: This
appointment will be to replace Cecelia Woods who was moved
to the Planning and Zoning Commission. This term will
expire July, 1988 . Motion was made by Mayor Pro Tem Donovan
to appoint Jim Griffin to the Zoning Board of Adjustments .
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 - against,
Councilman DiTota - in favor, Councilman Crane - against ,
and Councilman Blakey - in favor , This motion carried with
five (5) in favor, and two (2) against .
REDESIGNATION OF INDIVIDUAL FROM SALLINGER, NICHOLS,
JACKSON, KIRK AND DILLARD LAW FIRM TO SERVE AS CITY
ATTORNEY: Since Mr . Jackson has other commitments on
Tuesday nights , it was requested by the Council to
redesignate the city attorney duties to Mr . Robert Dillard
of the same firm as Mr . Larry Jackson. Motion was made by
Councilman Akin to appoint Mr . Robert Dillard as City
Attorney, of the firm of Sallinger , Nichols, Jackson, Kirk
and Dillard. Seconded by Councilman Westerhof . The vote
was as follows : Mayor Trimble - in favor , Mayor Pro Tem
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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 AMENDMENT TO ORDINANCE NO. 87-2 SIGN ORDINANCE:
Councilman Crane wanted to know if under Section 6 (b) ,
where it refers to cloth if Council would be limiting
businesses from having the new type of canvass awnings. Mr .
Faires , Code Enforcement Officer, said no, because an awning
would not be advertising. Councilman Crane asked about the
July Jubilee Banner that hangs across Ballard Street . Mr .
Faires said it would be prohibited. Mayor Pro Tem Donovan
wanted to know if they would have to have a special permit
to hang this banner. Mr. Faires said during these special
days, staff would overlook this . Councilman Crane wanted to
know if there would be a time limit or call it temporary for
banners or flags during grand openings. Councilman DiTota
said he had looked into this and he realizes that flags and
banners are good for grand opening advertising . Councilman
Crane said he agrees in stopping offenders , but Council may
be going to far, what if we put three weeks limit on it .
Councilman DiTota said such material is permitted any three
week period during a 12 month period. Motion was made by
Councilman Ditota to approve the amendment to the sign
ordinance with the following reading of Section 6 (b) : ..�
"No cloth, paper , banner , flag, device, or
other similar advertising matter shall be
permitted to be attached to, suspended from,
or be allowed to hang from any sign, building
or structure, except for one period not to
exceed three weeks , one time during each
calendar year ."
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 with all in favor .
APPROVAL OF ORDINANCE ADOPTING THE STANDARD BUILDING CODE:
Mr . Roy Faires , Code Enforcement Officer, stated that having
worked with Uniform and Southern Standard Building Codes,
that he could work with which ever the Council so chose, but
did prefer the Southern Standard Building Codes . Councilman
Akin said several years ago the Council adopted the Southern
Standard Codes and then found out other surroundings Cities
were using Uniform Building Codes, and Council chose at that
time to change to Uniform. The Council was trying to stay
with a code that other cities were using in our area .
Councilman Blakey said that Richardson is the only city that
uses the Standard Codes . The other cities around us use
Uniform Building Codes. I talked with Richardson and they
at one time thought of changing to Uniform Code but than
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decided to stay with the Southern Standard Codes .
Councilman Blakey stated that since the City already had the
Uniform Codes adopted , he would like to see the City keep
these codes .
Motion was made by Councilman Blakey to stay with the
Uniform Building Codes . 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 , Councilman DiTota - in
favor, Councilman Crane - in favor , and Councilman Blakey -
in favor . This motion carried with all in favor .
APPROVAL OF AN ORDINANCE AMENDING ORDINANCE 85-7 , ELECTRICAL
ORDINANCE TO ALLOW FOR RECIPROCAL LICENSING: Mr . Roy
Faires, Code Enforcement Officer , stated that this ordinance
would allow the City to allow anyone holding a license from
the Dallas County Electrical Advisory Board to work within
the City of Wylie. This board only meets at certain times
and the next time the test will be given is October 19 ,
1987 . The City of Wylie can apply for membership.
Councilman DiTota wanted to know if Wylie would accept
anyone that holds a license from this board . Mr . Faires
said only with the Cities that Wylie has signed an agreement
with or those who took the test with Dallas County
Electrical Advisory Board . Mayor Pro Tem Donovan wanted to
know if Wylie would still give the test . Mr . Faires said
yes , because if someone had a contract to do a job in Wylie
but had not taken the test with the advisory board, and
wanted to start their job, we would need to give the test .
Councilman DiTota wanted to know if most of the electrician
go to Dallas County Advisory Board or just to Dallas ,
Richardson, Plano for testing . Mr . Faires said that most of
the electrician do not go to the advisory board, but to the
individual cities , but other cities want reciprocate if they
do not go through this board . Motion was made by Councilman
DiTota to approve the amendment to Ordinance 85-7 , allowing
for reciprocal licensing. 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 .
APPROVAL OF AMENDMENT TO ORDINANCE 85-19A, RUSH CREEK LIFT
STATION: This amendment is to exempt Wylie Independent
School District from the fees of the Rush Creek Lift Station
District. Motion was made by Councilman Akin to approve the
amendment to Ordinance 85-19A.
Councilman DiTota wanted to know how other cities around us
handled this . Councilman Akin said we collect Impact Fees
so council should exempt the school district from lift
station district fees . Mayor Trimble said that council
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would be setting a precedence here. Councilman Akin said —
unless Plano has changed their policy, they purchase land
for a school and a park at the same time. Mayor Pro Tem
Donovan said the school services areas that are not on our
water/sewer lines. If it was only within our city limits, I
would have no problem with this . Councilman Crane said
recently the City Council decided to spend major dollars to
get industry into Wylie and yet the school will get twice
the tax dollars than what the city will get. Councilman
Crane said we either need to work together and do this type
of thing or continue separately. If we go separately, we
need this type of ordinance. Councilman Crane said this has
come about because we charge the school and not North Texas
Municipal Water District. Council needs to go one way or
the other, but treat each one the same. Councilman Crane
said he would be willing to work on a committee to look at
this. Councilman Blakey said taxes are taxes , but this is
for services and the school should pay for services .
Councilman Crane said North Texas Municipal Water District
should pay for permits , they move chemicals in and out and
the council never knows what they are doing. Councilman
Crane said it was councils job to know what was happening
within their city.
City Manager James Johnson said he and Councilman Westerhof
talked with Mr. Carl Riehn about this and NTMWD has a long
period of agreements to where they do not have to pay
permits .
City Attorney Robert Dillard said as far as the school is
concerned, you can not wave these fees. This is a service
not a tax . As far as NTMWD is concern when their fees are
used up in what agreements they may have with the City, then
they should pay for fees .
Councilman Akin stated his motion was still on the table and
he did not wish to with draw it . Councilman Akin' s motion
died for a lack of a second . Councilman Crane made a motion
to table this item until the next agenda. This motion also
died for a lack of a second.
Motion was made by Councilman Blakey to deny amendment and
charge the fees to the Wylie Independent School District .
Seconded by Mayor Pro Tem Donovan . 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 .
Mayor Trimble called for a short recess .
Mayor Trimble reconvened the meeting and stated that items
6-10 were not included in the motion to stay with the
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Uniform Building Code and therefore needed some type of
action. These items were far the following :
Ordinance adopting the Standard Fire Code,
Ordinance adopting the Standard Plumbing Code,
Ordinance adopting the Standard Gas Code,
Ordinance adopting the Standard Mechanical Code, and
Ordinance adopting the Standard Housing Code.
Motion was made by Councilman Blakey to deny all these
ordinance and to stay with the Uniform Codes . 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 , Councilman
DiTota - in favor, Councilman Crane - in favor , and
Councilman Blakey - in favor . This motion carried with all
in favor .
PUBLIC HEARING AND APPROVAL OF MULTIPLE ZONING REQUEST FOR
183 .4 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT
NO. 688 : This property is located north of Highway 78
adjacent to NTMWD and Texana properties, and is commonly
known as the Pendry property. Mayor Trimble opened the
public hearing . Mr . Faires reported that the Planning and
Zoning Commission recommends the following zoning for this
property:
Tract 1 Single Family 2 97 .3 Acres
Tract 2 Industrial 36 .0 Acres
Tract 3 Business 1 13 .7 Acres
Tract 4 Single Family 3 20 .1 Acres
Tract 5 Business 2 7 .2 Acres
Tract 6 Business 2 9 .1 Acres
Councilman DiTota ask about using parks for buffers . Mr .
Faires said at the time of platting , you can put in
greenbelts or money in lieu of this .
Mr . Roy Wilshire represents Mr . Pendry and his family and
stated that they were excited about developing in Wylie .
This property was annexed by the City and the family did not
object to it . In the Single Family 3 area, the deed
restrictions will have 1350 square foot homes . I am
requesting two changes , for two areas to be multi-family.
One area is close to the lake and the other buffers Spring
Creek Parkway. The family is anxious to dedicate the right-
of-way for Spring Creek Parkway. Mr . Brian Chaney, Chairman
of Planning and Zoning , said the concern with multi-family
was it was not to the best interest of the City in this area
and Planning and Zoning wanted to protect the homes that are
already in this area. Planning and Zoning Commission
discussed this at great links and felt that the buffers from
the industrial areas could be done with opec fences. There
being no other questions , Mayor Trimble closed the public
hearing.
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Motion was made by Councilman DiTota to approve the zoning —�
recommended by Planning and Zoning as listed above.
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 .
PUBLIC HEARING AND APPROVAL OF SPECIFIC USE PERMIT TO
OPERATE A PAWN SHOP ON 1 ACRE TRACT OUT OF THE FRANCISCO DE
LA PINA SURVEY ABSTRACT 688 : This property is located on
East Highway 78 , and is commonly known as Home Town
Furniture, Inc. Mayor Trimble opened the public hearing .
Mr . Faires stated a few weeks ago staff brought before you
an ordinance for pawn shops , which is the ordinance this
will fall under . The Planning and Zoning Commission
recommends this for approval with a renewal each year .
Mayor Pro Tem Donovan wanted to know if this was the
building on the left going out of town. Mr . Faires said
yes , but he did not know which one of the buildings.
Councilman DiTota wanted to know if they were allowed to
display furniture outside of the building . Mr . Faires said
yes , this was under the B-2 zoning which allows outside
sales . Mr . Faires stated that the specific use permit can
read all sales be contained inside the building. Councilman
Crane said that maybe Council should stipulate an opec fence
and this would take care of the problem instead of not
allowing the permit . This would keep everything behind a
fence and would not allow them to begin to use the property
for used furniture. There being no other questions or
comments, Mayor Trimble closed the public hearing .
Motion was made by Councilman Westerhof to approve the
specific use permit with the stipulation from Planning and
Zoning that it must be renewed each year and that all
inventory be kept in doors . 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 with all in favor .
APPROVAL OF FINAL PLAT FOR CALDWELL ADDITION, BLOCK 1 , LOT
1: This property is located between Jackson Street and
Ballard Street and is adjacent to the Railroad property, and
is the future home of McDonald' s . This plat does grant all
the necessary easements and Planning and Zoning Commission
recommends approval . Mayor Pro Tem Donovan wanted to know
if there would be side walks . Mr . Faires said they would be
required to put side walks on Jackson and Ballard Streets.
Motion was made by Councilman Westerhof to approve the final
plat for the future McDonald' s . Seconded by Mayor Pro Tem
Donovan . The vote was as follows : Mayor Trimble - in
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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 .
DISCUSSION OF PROPOSED AGREEMENT OF THE H. B. ALLARD VS .
ROGER C. FINHOLT CASE: Mr . Stan Knight who represents Mr .
Roger Finholt , stated to council that this agreement has
come about since the work shop that Council held on this
property some time back. There was a drainage problem on
Mr . Allard' s property. Mr . Finholt is asking tonight that
the Council look at this agreement and tell us if we can
proceed .
Mr . Dillard, City Attorney, said the agreement is that Mr .
Finholt will install a drainage across Mr . Allard' s
property. Mr . Dillard said the City should not enter into
this if there is not a time limit on the construction of
this drainage channel , and should also state the date the
work will be completed by. Mr. Dillard also stated that
there were some places that the wording needed to be changed
and also the fifty foot (50 ft . ) easement should be
addressed . This easement should be executed at the same
time this agreement is executed .
Mr . Knight said that maybe Council could support this
agreement in theory, and let the attorneys work out the
wording .
Councilman DiTota wanted to know who would be responsible
for the drainage area. Mr . Dillard said the City would have
the up keep and maintenance on this . Councilman Crane said
he would object to the earth lined drainage. Councilman
Crane also wanted to know if and when the Allard property is
developed can this drainage have a concrete bottom. City
Manager James Johnson said the Ordinance does not address
channelization - for concrete liner , etc . , but staff will
prepare this if council wants . Mr . Dillard, City Attorney,
stated that he would not recommend to Council to sign this
agreement as it is written .
PRESENTATION BY JUDY LIPPE OF 203 TANGLEWOOD IN REGARDS TO
SPEED BUMPS IN ALLEY: Mr . Fred Lippe of 203 Tanglewood made
the presentation . The original intent is due to traffic in
our neighborhood and the speed used through the alley. Mr .
Lippe then read the following statement for record:
"Within the neighborhood block bounded by the
streets Rush Creek, Pine Ridge, Tanglewood, and
Cedar ridge, there resides fifteen children.
Thirteen of these children are under the age of
14 years of age. An additional seven children
live on these boundary streets , but not within
the block as defined above. This makes a total
of twenty children that reside in or adjacent to
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the block defined above.
The alley that disects this block is approximately
1050 feet long and connects Cedar Ridge and Pine
Ridge. This alley serves vacant lots as well as
houses with six foot high wooden fences . Due to
the length of the alley and the partial open spaces ,
drivers have a tendency to drive at speeds above
10 m.p.h.
It is our observation that this is a hazardous
situation due to the combination of the speed of
the vehicles , presence of small children, and high
fences . There have already been incidents where
unthinking children have rushed into the alley and
into the path of an oncoming vehicle. There have
been no injuries yet , but we fear that it is only a
matter of time before a child is struck. Permanent
measures need to be taken now to prevent an accident of
this nature. "
Mr . Lippe then made the following specific request with a
signed petition:
"With the above statement in consideration , we
the undersigned respectfully request the City --�
Council of Wylie to act in such a manner as to
cause the construction of two permanent speed
control measures within this alley. The requested
measures are listed here:
1 . A speed limit sign posted at each entrance to
the alley stating CAUTION, CHILDREN AT PLAY - 5
M. P.H.
2 . Three speed bumps placed in the alley to prevent
a, long unimpeded traffic land .
Please give strong consideration to the safety of
neighborhood children in this matter ."
Mr . Lippe presented Council with a petition signed by
twenty-one (21) residents. Mr. Lippe said at first he had
concern about the speed bumps , but has knocked on the doors
of this neighborhood and talked with all the neighbors .
They are all in agreement to have the speed bumps . These
speed bumps should be no higher than 3 inches . This alley
is a drainage and the middle of the speed bumps should be
left open in order for the water to drain. Mr. Lippe said
if this is a monetary issue, than the neighbors said they
would pitch in and put these speed bumps in .
Mayor Pro Tem Donovan stated that the City has a lot of
alleys, how many speed bump requests will come forth if
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Council does this . Also when these people start driving
over them there may be more opposition. City Manager
James Johnson said he has already given Public Works a work
order to install the 10 MPH speed limit signs at each end of
the alley. City Attorney, Mr . Dillard said some points to
look at, it creates obstruction, creates liability, I do not
believe the council should install speed bumps . The placing
of these speed bumps would be placing obstruction in a
public alley. The City would have additional liability due
to the drainage area coming down this alley. Mr . Dillard
recommended to the Council not do these and to remove the
ones the city already has . Mayor Pro Tem Donovan wanted
to know if Mr . Lippe knew who the offenders are. Mr . Lippe
said the ones they know, they have talked to and these have
slowed down. We do not know all the people who come down
this alley. Mayor Trimble asked Mr . Lippe if the reflectors
placed across the alley would help. Mr . Lippe said if this
was the recommendation, then they would be willing to try
them.
Mr . Christensen said the middle of the block is the bottom
of the hill and there is a drainage problem here already.
The problem with the speed is with some of the entrances and
exits , and also the contractors pull through the open lots
that have not been built on .
Mayor Trimble requested the staff to check on the cost of
the reflectors for use in the alley ways .
PRESENTATION BY DAN DAVENPORT OF 400 JEFFERSON IN REGARDS TO
RECONSTRUCTION OF COTTONBELT STREET, TRAFFIC CONCERNS IN
ALLEY AND SEVER WATER PRESSURE PROBLEMS: Mr . Davenport was
not present at the meeting .
CITIZEN PARTICIPATION: Mayor Trimble requested that the
citizens wishing to speak, hold their time to two minutes
and to state their name and address .
Mrs . Carol Ryburn of 52 Glen Knoll Drive, in July, I called
for an ambulance and was put on hold, at 4 : 30 A.M. there was
no ambulance. The police showed up but the ambulance did
not show for another five (5) minutes . I do not feel the
City should have an ambulance and have the driver stay at
home and the ambulance at the police station. City Manager
James Johnson said the report came in at 4 : 24 A.M. and the
ambulance arrived at 4 : 41 A.M. Mrs . Ryburn wanted to know
if the police officer is first on the scene does he radio
for the ambulance. City Manager James Johnson said that the
police officers are EMT and the officer is in charge.
Mrs . Ryburn stated that when the police officer arrived, he
said haven' t we hauled you before. Mayor Pro Tem Donovan
stated that there was one time the ambulance driver was
outside the police station changing shifts , was called at
home and was not there so he never received the call . I
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would like to see the attendants working ambulance have
signal lights for their cars. Mr . Ryburn stated that for a
two (2) mile journey, he believed he could have walked there
before the ambulance arrived .
There being no other participation at this time, Mayor
Trimble moved to the next item.
COUNCIL DISCUSSION: Mayor Pro Tem Donovan stated that she
would like to see the lights for the ambulance attendants
cars . Also on calls reporting fires , people are saying that
the police go out first and then call for the truck.
Councilman Blakey stated that the map referring back to the
Kirby Street project , maybe council should look at Sanden
Blvd . to Highway 78 , through Century Business Park and up to
Ballard Street (Sachse Road) . This would start the southern
loop around Wylie. Councilman Akin wanted to know if he was
talking about redesignating FM 544 . Councilman Blakey said
yes and also the funds from County to be used here instead
of on Kirby.
Councilman Crane stated in the group of ordinance that were
before Council tonight, the changing of these did not come
from Mr . Faires , but Council had requested that he do this
and I just want to speak on behalf of him and thank him for ---
doing what the council asked .
Councilman DiTota requested that Mr. Faires look at the
Section 23 .1 paragraph 3 of the Zoning Ordinance and let him
know if this included parking in front lawns. Also, what is
happening on Highway 78 . City Manager James Johnson said
that they Highway Department is beginning to start the turn
lanes for Ballard and Highway 78 , they are adding five (5)
feet to the side in order to give us the turn lanes . This
project is to be completed in November .
Councilman Akin wanted to know what the problem was with the
firemen going to school at Texas A & M this year . City
Manager James Johnson said they went down and did not go
through proper channels . The rooms had already been paid
for in advance and thent decided to change things .
Councilman Akin also stated that on the 83 Bond Money, Jerry
Hoagland stated the money had been there all this time. It
has not been setting there all this time. It is our money
and we can do what we want with it as far as street work.
Also on the 88 Bond Program, we need to get everyone
involved.
Councilman Crane asked about the furniture bid that was out
for City Hall . City Manager James Johnson said there is
approximately $11 ,000 . for furniture, but that staff had not
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been seeking bids , this would have to come before Council
first .
APPROVAL OF PRELIMINARY PLAT FOR BIRMINGHAM FARMS , TRACT 17 :
Mr . Mike Kinard representing Mortgage Investment Company
stated that this property was zoned in its entirety
approximately two years ago, but that tracts 23 and 24 are
not owned by Mortgage Investment Company. These two tracts
are owned by San Antonio Savings and Loan . Mr . Kinard went
on to say that he met with city staff several time before
going to Planning and Zoning and there was a great deal of
discussion prior to this property being zoned. Councilman
DiTota wanted to know if the SF3 zoning can have deed
restriction with a minimum square foot size home. Mr .
Kinard stated that we were not here to zone, we are here to
request approval of the plat. I do not think it is
acceptable to discuss zoning since this has already been
zoned. There was a lot of discussion when this property was
zoned . The master zoning plans for the City was done by
J.T. Dunkin and Assoc . , and our organization hired Mr .
Dunkin to help with the zoning of this property. These
issue were addressed two years ago, and I would hope that
this Council would live up to what had been zoned by past
councils . Mayor Trimble said this is not an issue of the
agreement but is it the zoning that needs to go on and is
for the best interest in health and welfare for the City.
Mr . Dillard, City Attorney, was asked the legal problems of
changing the zoning at this stage. Mr. Dillard said if this
property has already been zoned and the plat meets the
subdivision ordinance, then Council has to approve the plat .
Councilman DiTota asked about a greenbelt . Mr . Kinard said
yes , there is an 80 acre lake that we wanted to donate to
the City. This 80 acre park will be donated and improved
plus two sites have been sold to the Wylie Independent
School District for new schools . Mr . Kinard said he was
concerned about the move here in Wylie to increase lot
sizes . Several hundred thousands of dollars of improvements
are coming into this area. There are some really nice SF 3
subdivision that are not limited and Wylie needs more of
this . Councilman DiTota said he asked this item to be
tabled until he could see what Wylie has for SF 1 and SF 3
and see the balance. Mr. Kinard stated that Wylie had 276
homes built during last year , 75% of these homes are in SF3 .
Fact is a very small percentage is built out in SF2 and SF1 .
I believe you need to look at the market and see what is
selling on market in Wylie. Mr. Kinard also said we need to
look very carefully about zoning , but lets not discriminate
against SF3 houses. This type of development in Birmingham
Farms could stand more SF3 , but we want to move on with this
plat. Councilman DiTota asked Mr . Kinard why they went with
11 different zonings . Mr . Kinard said that is the balance
you are talking about. The Council wanted this zoning for
balance. We worked with the Council and J . T. Dunkin on
this zoning and what would be best for this area. Mr .
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Kinard also stated that there is over 100 acres of SF 1 and
SF 2 and he has come forth with the SF 3 plat, done in
accordance with City Ordinances and have spent lots of money
and the Council does not want this zoning. I or any other
developer that comes out here, has to have some faith that
when you zone property, it will be zoned when the plat comes
through. Mayor Trimble asked Mr . Kinard if he had this
faith. Mr. Kinard said if this plat is approved then I will
have faith. Mayor Trimble said we are not questioning your
zoning just because it is you, we need to look at what is
there. Mr . Kinard said if you start back zoning , then no
one knows what is going on, we want good quality
development. Councilman Akin said that what Mr. Kinard said
is true, and he appreciates what Mr . Kinard and his people
are trying to do .
Motion was made by Councilman Westerhof to approve the
preliminary plat for Brimingham Farms Tract 17 . 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 .
CONSIDER RESULTS OF THE QUESTIONNAIRE SENT TO THE RESIDENTS
IN KINSINGTON MANOR REGARDING STREET LIGHTS: Mrs . David Orr
of 109 Windsor , stated that she has talked with the people
and had acquired a number of signatures who do not wish to
have a light at this point . I do not believe you received a
good response. One of the lady' s that came before you and
requested this light did not know it would be in the middle
of the block and has signed this petition requesting not to
have the light . Motion was made by Mayor Pro Tem Donovan to
put one light on Fairmont and not put the light on Windsor .
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 .
APPROVAL OF FINAL PLAT AND ACCEPTANCE OF PUBLIC IMPROVEMENTS
FOR QUAIL HOLLOW II , LOT A: This property is the site of
the new P. M. Akin Elementary School . City Manager James
Johnson said this item will have to be pulled until the lift
station district fees are paid . There was no action taken
on this item.
PRESENTATION OF PROPOSAL BY GTE FOR AN ENHANCED 9-1-1
EMERGENCY REPORTING SYSTEM: Mr. Jim Cowman stated that the --�
enhanced 9-1-1 emergency system is coming to the surrounding
areas of Wylie. The cost of this system is passed on to the
user and not to the City. It will enhance the response time
267
on any emergency. There will be an approximate cost of
eighty-one cents ($ .81) per month for this service. It is a
good win situation for the good of the City as well as for
the citizens . A large percentage of your citizens do not
know what number to call for emergencies . I would like to
draw up a contract for the City of Wylie for your
signatures. Mayor Pro Tem Donovan wanted to know if the
legislative acted on the liability on the 9-1-1 . Mr .
Cowan said it does not put all the liability on the city and
it does not put it back on the 9-1-1 system. Mayor Pro Tem
Donovan wanted to know if this 9-1-1 system could be
installed in our new building . Mr . Cowan asked when we
would be in. City Manager James Johnson said we would be in
in about 90 days , but there is some extra wiring that is
being put in. Mr . Cowan said the wiring can go in now, and
put the system in as soon as it comes through. Motion was
made by Councilman DiTota to accept the Enhanced 9-1-1
Emergency System. Seconded by Mayor Pro Tem Donovan .
Councilman Crane wanted to know if the fees were passed on
to the user , would there still be an initial investment .
Mr . Cowan said you can pay it from your General Fund or roll
the cost to your users .
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 .
AUTHORIZATION FOR ACTING CITY MANAGER TO ESTABLISH LINE OF
CREDIT OF $200,000 AND AUTHORITY TO EXECUTE PROMISSORY NOTE
FROM FIRST STATE BANK OF WYLIE: City Manager James Johnson
said this has to do with expected cash flow shortage. I
anticipate this cash flow to come about within the next ten
(10) days . Mayor Pro Tem Donovan wanted to see the revised
budget . If the cuts were made do we still need this .
Councilman Akin wanted to know about the $100,000 . that was
borrowed . City Manager James Johnson said this was due to
the taxes not coming in. Councilman Blakey asked about the
rate these funds would be needed . City Manager James
Johnson said approximately $50,000 by November . Motion was
made by Councilman DiTota to grant authorization for Mr .
Johnson to establish line of credit of $200,000 and
authority to execute promissory note from First State Bank
of Wylie. Councilman Ditota also stated this was something
the council does not want to do, but are faced with.
Seconded by Mayor Pro Tem Donovan. 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 .
268
There being no other business , a motion Is made to adjourn
with all in favor .
Otuunutistuko
OF
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S /� Guck Trimble, Mayor
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