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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 256 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 257 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 258 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 259 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. 260 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 261 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 262 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 263 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 264 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 265 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 . 266 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 \ �/ co S /� Guck Trimble, Mayor 3==g ATTEST: tIE 1 ' ' illi►nmunafla' &72etary