01-24-1989 (City Council) Minutes 248
CITY COUNCIL MEETING
MINUTES
JANUARY 24, 1989
The City of Wylie City Council met in regular session on
Tuesday, January 24 , 1989 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 John Akin, Council Members Ortie Messenger,
Bud Naish, Jim Swartz , Tom Pritzkau, and Marvin Blakey, City
Secretary Carolyn Jones, Finance Director James Johnson,
Assist. Engineer Ron Homeyer, Code Enforcement Officer Roy
Faires, Public Works Superintendent Don White and City
Attorney Rob Dillard.
Mayor Trimble called the meeting to order and gave the
invocation.
APPROVAL OF MINUTES OF NOV. 29TH, DEC. 13TH, 15TH AND 19TH
AND JAN . 7TH, 10 , AND 14TH MEETINGS: Councilman Naish added
to the Jan. 10th meeting , the statement made by Councilman
Swartz . Councilman Swartz asked the question, is it
possible to add another board member to the Library Board.
Mayor Pro Tem Akin said the Charter says only seven members.
Motion was made to approve the minutes with the above
correction. Seconded by Councilman Pritzkau. The vote was
as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin -
in favor , Councilman Swartz - in favor , Councilman Pritzkau
- in favor, Councilman Messenger - in favor, Councilman
Blakey - in favor , and Councilman Naish - in favor. This
motion carried with all in favor.
APPROVAL OF FINAL PLAT AND ACCEPTANCE OF THE WATER AND SEWER
LINES FOR SOUTHFORK MOBILE HOME PARK: Mayor Pro Tem Akin
stated that this item had not been taken before Planning and
Zoning Commission. Mr . Homeyer, Assist. City Engineer, said
that was correct, it has not been before Planning and
Zoning . Motion was made by Mayor Pro Tem Akin to table
until Planning and Zoning had taken action. Seconded by
Councilman Messenger . The vote was as follows : Mayor
Trimble - in favor, Mayor Pro Tem Akin - in favor,
Councilman Swartz - in favor, Councilman Pritzkau - in
favor, Councilman Messenger - in favor , Councilman Blakey -
in favor, and Councilman Naish - in favor. This motion
carried with all in favor .
APPROVAL OF FINAL PLAT FOR PHENNEL ADDITION WHICH IS IN THE
ETJ OF THE CITY OF WYLIE: This property is located on CR990
just north of CR 738 on the Branch Peninsula . Motion was
made by Mayor Pro Tem Akin to approve contingent upon
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concrete streets as recommended by Planning and Zoning .
Seconded by Councilman Swartz . The vote was as follows:
Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor,
Councilman Swartz - in favor, Councilman Pritzkau - in
favor, Councilman Messenger - in favor, Councilman Blakey -
in favor, and Councilman Naish - in favor. This motion
carried with all in favor .
APPROVAL OF A REQUEST TO RELINQUISH THE CITY OF WYLIE ' S ETJ
ON 104 .67 ACRES OUT OF THE S. D. TERRY SURVEY, ABSTRACT 890
IN THE BRANCH PENINSULA: The request has come from Mr .
Singletary and Mr . Beckham. Mr . Roy Faires said he had
pointed out to Planning and Zoning that the City Attorney
had told Mr . Faires we could not do it on a piece mill
basis. The Council could de-annex, by legislative action,
we can establish a line in the water one mile from all
points of the water inside that line, thereby placing the
Branch Peninsula outside of our ETJ or through another
legislative action , would be to reduce the city' s ETJ to
something less than the present one mile. It is the staff' s
opinion that such a decrease would be unacceptable and this
would effect the entire ETJ of the City. Mr . Faires said
the first time the P & Z Commission voted, the vote was four
in favor and two against relinquishing the ETJ. There was a
misgiving on the part of one member and the chairman made a
decision to take another vote on the motion with this vote
being five in favor and one against relinquishing the ETJ.
Mayor Trimble wanted to know why the votes were not
recorded. Mr . Faires said this was done some time back when
the minutes reflected who voted against an item and the
board did not want that to be reflected in the minutes.
Motion was made by Mayor Pro Tem Akin to reject the
relinquishing of the ETJ as recommended by Planning and
Zoning Commission. Seconded by Councilman Messenger. The
vote was as follows : Mayor Trimble - in favor, Mayor Pro
Tem Akin - in favor, Councilman Swartz - in favor,
Councilman Pritzkau - in favor , Councilman Messenger - in
favor, Councilman Blakey - in favor, and Councilman Naish -
in favor . This motion carried with all in favor.
PUBLIC HEARING ON THE REQUEST FOR A SPECIFIC USE PERMIT FOR
A FEED STORE WITH OUTSIDE SALES: This request has been made
by Mr . Doug Poole, owner of Poole Feed Supply. Mr . Faires
stated that Planning and Zoning approved the Specific Use
Permit with the following stipulations:
in all areas the hay is to be the common rectangular
baled hay
in all areas the wood shavings are to be bagged
in all areas the fertilizer is to be bagged
in all areas the peat moss is to be bagged
in all areas the firewood is to be stacked and or
bundled
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Area 1 everything in this area limited to three feet high
wood shavings, firewood, christmas trees and farm and home
supplies with the stipulation of lawn and garden items as
normally defined
Area la hay, wood shavings, firewood, christmas trees and
farm and home supplies with the stipulation of lawn and
garden items as normally defined
Area 2 fertilizer , peat moss , wood shavings, firewood
limited to three feet high and seasonal plants
Area 3 seasonal plants, fertilizer , peat moss and tack (no
height restriction in this area)
Area 4 this corner will have a 20 foot setback from both
streets, and a three foot limitation on all things in this
area, firewood, hay , wood shavings, landscape timbers, farm
and home supplies
Area 5 no height restriction, fertilizer, hay, wood shavings
farm and home supplies, farm and ranch trailers (if using
stacked trailers, maximum is three high)
Area 6 no height restriction, fertilizer , wood shavings and _
hay
Mayor Trimble opened the public hearing for comments or
questions. There being no comments or questions the public
hearing was closed .
APPROVAL OF A SPECIFIC USE PERMIT FOR A FEED STORE WITH
OUTSIDE SALES: This specific use permit is for the Poole
Feed Supply and is located on on Highway 78 . Motion was
made by Councilman Blakey to approve the specific use permit
for one year with the above stipulations from Planning and
Zoning . Seconded by Councilman Pritzkau. The vote was as
follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in
favor, Councilman Swartz - in favor, Councilman Pritzkau -
in favor, Councilman Messenger - in favor, Councilman Blakey
- in favor, and Councilman Naish - in favor . This motion
carried with all in favor .
APPROVAL OF AN ORDINANCE ADOPTING BENEFITS OF S.B. 505
GRANTING ADDITIONAL RIGHTS, CREDITS AND BENEFITS: These
additional rights and credits are authorized by Section
64 .202 (f) , 64 .204, 64 .405, 64 .406 , and 64 .410 of Title
110B, Revised Civil Statutes of Texas, 1925, as amended by
the 70th Legislature. Mr . Johnson, Finance Director , stated
that this ordinance would update our Texas Municipal ..,�
Retirement Plan. Motion was made by Mayor Pro Tem Akin to
approve the ordinance adopting the benefits of S. B. 505
granting additional rights, credits and benefits . Seconded
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by Councilman Blakey. The vote was as follows : Mayor
Trimble - in favor , Mayor Pro Tem Akin - in favor,
Councilman Swartz - in favor, Councilman Pritzkau - in
favor, Councilman Messenger - in favor , Councilman Blakey -
in favor, and Councilman Naish - in favor . This motion
carried with all in favor.
APPROVAL OF AN ORDINANCE ADOPTING THE MILITARY SERVICE
CREDIT: This would be an addition to our Texas Municipal
Retirement System and would be for those who have served in
the Armed Forces during a certain period of time. It is for
certain employees who performed or hereafter performed
active service in the Armed Forces of the United States,
under honorable conditions during periods of conflict with
foreign forces, to apply and make deposits for and to
receive special credit with TMRS for limited portions of
such military service, and providing for payment by the City
of additional deposits to the system on account of such
service credit. Mr . Johnson stated the total cost for the
city if everyone participated would be $3 ,000 .00 . Most of
cities already have this plan . Motion was made by Mayor Pro
Tem Akin to approve the ordinance for military service
credits . Seconded by Councilman Messenger . The vote was
as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin -
in favor, Councilman Swartz - in favor , Councilman Pritzkau
- in favor, Councilman Messenger - in favor, Councilman
Blakey - in favor , and Councilman Naish - in favor. This
motion carried with all in favor.
APPROVAL OF AN ORDINANCE AMENDING ORD. NO. 87-32 SECTION 1
(2 ) (C) SMOKING ORDINANCE: This amendment is to add the
Police Dispatch area as a designated smoking area to the
Smoking Ordinance. Motion was made by Councilman Messenger
to approve the amendment to Ord. No. 87-32 Section 1 (2 ) (c)
smoking ordinance by adding the Police Dispatch area as a
designated smoking area. Seconded by Councilman Pritzkau.
The vote was as follows : Mayor Trimble - against, Mayor Pro
Tem Akin - in favor, Councilman Swartz - in favor,
Councilman Pritzkau - in favor , Councilman Messenger - in
favor, Councilman Blakey - in favor, and Councilman Naish -
in favor. This motion carried with six in favor , and one
against.
APPROVAL OF AN ORDINANCE ALTERING THE PRIMA FACIE MAXIMUM
SPEED LIMITS AND NO PARKING ESTABLISHED FOR MOTOR VEHICLES
OPERATING UPON CERTAIN PORTIONS OF EAST BROWN ST. AND STONE
ROAD: This is the area on Brown Street where the children
going to P M Akin Elementary will cross. Motion was made by
Mayor Pro Tem Akin to approve the ordinance altering the
prima facie maximum speed limits and no parking established
for motor vehicles operating upon certain portions of East
Brown St . and Stone Road . Seconded by Councilman Swartz .
The vote was as follows : Mayor Trimble - in favor , Mayor
Pro Tem Akin - in favor, Councilman Swartz - in favor,
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Councilman Pritzkau - in favor , Councilman Messenger - in
favor, Councilman Blakey - in favor, and Councilman Naish -
in favor. This motion carried with all in favor .
APPROVAL OF REQUEST FOR WAIVER OF SANITATION FEES: Mr .
Johnson stated that the City' s contract with BFI stated that
all residents and businesses will pay a minimum refuse rate
even if they do not use the service. Mr . Johnson also
stated that Council is the only one that can change this .
If Council does agree to this, you may be setting a
precedence. I did have BFI check this route and they do not
have very much refuse. Mr . Johnson said the lady told him
about one bag a month and BFI said the same. Mr . Johnson
said the Council could set up in the rate schedule a special
rate for businesses like this one.
Councilman Pritzkau wanted to know if the rates were set on
number of bags. Mr. Johnson said yes.
There was no motion made to waiver sanitation fees at this
time.
PRESENTATION BY ANNETTE NAISH FOR A RECYCLING PROGRAM FOR
THE CITY OF WYLIE: Mrs . Naish was not able to be at the
meeting but sent a written presentation to the Council .
Mayor Trimble read the following presentation:
"Wylie Environmentalists would be a non-profit organization
similar to the Richardson Environmental Action League.
W. E. has made arrangements with a company named Western
Reclamation to handle any recyclable materials we may have.
Presently Western Reclamation will provide a 20 foot by 8
foot by 8 foot bin for us for a few days at a time. They
could install the bin for first pick up the weekend of
February 4th and 5th.
After we can provide 20,000 pounds per week, we will have a
bin on site permanently. Twenty thousand pounds would
represent a participation by 10% of Wylie.
In the future, Western Reclamation will be able to deal with
aluminum, glass, and plastics .
W. E. would be made up of Irene Messenger, Annette Naish and
the Wylie City Manager . The City manager would be involved
in order to review the fact that the money would be kept in
a businesslike manner. There would be quarterly statements
and disbursement every March.
Fifty Percent (50%) to be spent on trees or equipment for
City of Wylie Parks, twenty-five percent (25%) to be given
to the Wylie Womens League and twenty-five percent (25%) for
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any expenses of W. E. , any excess to be donated to a local
need, either some beautification project or something
similar to Christian Care Center , which is an ongoing
service agency for Wylie citizens.
If W. E. is a separate organization, it can be an entity not
dependant upon any city administration or administration of
the Womens League.
With ten percent (10%) participation, W. E. could purchase a
$200 + tree by March 1989 .
W. E. would appreciate Council inserting reminders in water
bills and the future Council newsletter . With Council help,
there ought to be better than ten percent (10%)
participation.
Presently, Women League and the Gifted and Talented Class
from Wylie High School have already started gathering papers
for our first step.
After W. E. becomes viable then recycling could move on to
aluminum, then glass, then plastics.
W. E. will be able to reduce the amount of trash, and
increase direct benefits to the City. The City of Rowlett
is in the process of setting up their recycling center on
city owned land.
Point of fact - for every ton of paper recycled 100 trees
are saved.
Thank you for your consideration. Annette Naish"
Mayor Pro Tem Akin said we had a presentation several
meetings ago, I am totally in support of this. The key
factor is where to put the containers .
Councilman Messenger said that the money will go back into
the parks for trees and etc. I think it will be terrific.
Councilman Swartz said he agrees but not in the downtown
area.
Mayor Pro Tem Akin said approve and put a committee together
to find a good location for the containers .
Councilman Naish said the major concern was the locations of
the containers.
Mayor Pro Tem Akin said that is why I said form a committee,
maybe put Councilman Swartz and another one or two on this
committee.
254
APPROVAL OF PLACEMENT OF RECYCLING CONTAINERS: These
recycling containers will be for old papers and the W.E.
committee would like to set them up at the old police
station and the Community Room parking lot. Councilman
Swartz said since this is just a two day period, you could
allow them to put them where they have asked for.
Councilman Messenger said to put the containers where they
have requested this time. Councilman Pritzkau said you
should not move the locations around.
Motion was made by Councilman Blakey to approve the
placement of recycling containers at the locations that has
been requested this time only. Seconded by Councilman
Pritzkau. The vote was as follows : Mayor Trimble - in
favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - in
favor, Councilman Pritzkau - in favor , Councilman Messenger
- in favor, Councilman Blakey - in favor, and Councilman
Naish - in favor. This motion carried with all in favor.
APPOINTMENT OF A SEVEN MEMBER COMMITTEE FOR SEARCHING AND
PUTTING TOGETHER SPECS FOR AMBULANCE SERVICE FOR THE CITY OF
WYLIE: Mayor Pro Tem Akin said the staff tried to consider
those who had experience with ambulance services and would
be unbias . Staff recommends the following persons: James
Johnson, Ed Snead , Dr . Ron Pilkington, W. C. and Reta Allen,
Ann Guzman, and Calvin Westerhof . Mayor Pro Tem Akin said
he endorses each one of the above and would like to bring
them forward for the committee.
Councilman Naish asked if these people had been contacted
and were they willing to serve. City Secretary Carolyn
Jones said she had talked with some of the people and Mr .
Johnson had spoken with the others. Each one stated they
would like to serve.
Mayor Trimble said his concern is no one is representing the
hospital . I would like to add to the committee, Peggy
McCollum.
Councilman Messenger wanted to know if Dr . Pilkington was
affiliated with the hospital . Mayor Trimble said he has
privileges at the hospital , but he is not familiar with
ambulance services .
Mayor Pro Tem Akin said some other people are not being
involved in this because of reasons of conflict of
personalities and other things and that is what we are
trying to get away from. We need to get an ambulance in
here that every one is going to agree that will be the best
for the City of Wylie.
Mayor Trimble said if the hospital is not considered in how
the specs are done, then how will they work.
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Mayor Pro Tem Akin said Mr . Johnson if this is to many for
the committee or if the committee is not agreeing you have
the right to relieve them of their duty.
Motion was made by Mayor Pro Tem Akin to approve the staff
recommendations plus add the name of Peggy McCollum and to
designate James Johnson as Chairman of the committee.
Seconded by Councilman Messenger. The vote was as follows :
Mayor Trimble - in favor , Mayor Pro Tem Akin - in favor,
Councilman Swartz - in favor, Councilman Pritzkau - in
favor , Councilman Messenger - in favor , Councilman Blakey -
in favor, and Councilman Naish - in favor . This motion
carried with all in favor .
APPROVAL OF PAYMENT REQUEST FROM XIT PAVING AND CONSTRUCTION
IN THE AMOUNT OF $50 ,663 . 48: This is part of the street
reconstruction program. Mr . Homeyer stated on the original
request , XIT had included some things that were not needed
and I have adjusted the figure down. Council wanted to know
if the claims had been taken care of . Mr. Homeyer said yes.
Motion was made by Mayor Pro Tem Akin to approve the payment
in the amount of $50 ,663 .48 to XIT Paving . Seconded by
Councilman Swartz . The vote was as follows : Mayor Trimble
- in favor, Mayor Pro Tem Akin - in favor , Councilman Swartz
- in favor, Councilman Pritzkau - in favor, Councilman
Messenger - in favor , Councilman Blakey - in favor , and
Councilman Naish - in favor . This motion carried with all
in favor .
APPROVAL OF PAYMENT REQUEST FROM CUMMINGS AND PEWITT INC. IN
THE AMOUNT OF $4 ,765.00: Motion was made by Councilman
Pritzkau to approve the payment in the amount of $4 ,765.00
to Cummings and Pewitt . Seconded by Mayor Pro Tem Akin.
The vote was as follows : Mayor Trimble - in favor, Mayor
Pro Tem Akin - in favor, Councilman Swartz - in favor,
Councilman Pritzkau - in favor , Councilman Messenger - in
favor, Councilman Blakey - in favor, and Councilman Naish -
in favor. This motion carried with all in favor.
CITIZEN PARTICIPATION : Mayor Trimble invited anyone wishing
to speak to come forward at this time, to state their name
and address for record and to keep their comments to within
two minutes.
Herman Stork 509 E.Gaston wanted to know on the approval of
streets, had the bids been done on Brown Street and Jackson
Street. Mr . Homeyer said the Ordinance tonight was for a
school zone. Mayor Trimble said there is no money for the
reconstruction of Brown St . Councilman Messenger said there
is County money for Spring Creek Parkway that might be moved
but this has to be approved by Council and Commissioners
Court . Mayor Pro Tem Akin said on Brown Street, most of
this was done by heavy equipment and the contractors have
said they will help us on Brown Street . Mayor Pro Tem Akin
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said we have a good street crew now and I think you will see
more work being done and a better job.
Mr . Stork said there is East and North Gaston and today I
come home and had five gallons of water and someone' s bill.
I was the first person who moved in on this street.
Council said we are working on the numbers of this street .
Mr . Stork said he also has a problem of dogs coming through
his yard. You cannot call the pound because they are not in
the office after 5 P.M. How can I get rid of these dogs.
Mr. Don White said we are trying to change his hours. On
trash days he will start at 6 : 00 A.M. and other days at 9 : 00
A.M. Mayor Trimble commended our Animal Control Officer for
the job he has done.
Mr . Ronald Braswell - 511 E. Gaston there is a lock on my
water meter and I have no water . I have receipts where I
have paid my bill and I have a baby in the house. I need to
get my water turned back on.
COUNCIL DISCUSSION: Mayor Pro Tem Akin told the Council
that Carolyn Jones and Candi White would be in Austin for
the next two days for Election Seminar . Mayor Pro Tem
Akin also stated since the mandate on the sewer, maybe it is
time to have a workshop with Southfork, Presidential Estates
and Newport Harbour . I hope we can cut this 1 .6 million in
half . Mayor Pro Tem Akin also stated that Mr. Homeyer has
sent a memo on easements needed for Sanden Blvd. and Council
may need an executive session soon on acquiring these
easements.
Councilman Pritzkau asked Mr . White if Public Works had
guide lines on street repair. Mr . White said yes , we have
guide lines and I have a new crew working and I think they
will follow these guide lines. Mayor Pro Tem Akin said the
new street superintendent knows what to do and I think you
will see a better job. Councilman Pritzkau ask Mr . White if
he had seen the Public Works Guide Lines for Northern Texas.
Mr . White said he has seen it . Councilman Pritzkau said
maybe we should try these guide lines. Mr . White said we
have a new type asphalt we are trying but it is very
expensive. It has been down in places for over a month and
is still in place. Mr. Homeyer said the problem on Brown
St. was the water line was only 3/4" deep, since the bore,
the line has been lowered, the street can be repaired
without breaking the water line.
Councilman Messenger commended Mayor Pro Tem Akin and Code
Enforcement Officer Roy Faires for the enforcement of the
ordinance on substandard houses . Councilman Messenger asked
Carolyn Jones if she had heard from the lady about the pit
bulls . Mrs . Jones said she has not called back.
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Councilman Blakey said now that Birmingham Street is not to
far from pouring concrete, be sure the grades are right and
there is no ponding .
Councilman Naish wanted to know how we come out on the water
loss since the replacement of the check valve. Mr. Homeyer
said we have only replaced on valve and it was not the worse
one. We hope to take the other pump off tomorrow. Mr .
White said he hoped to have this project completed within
the next five weeks . Councilman Naish wanted to know about
the small tracts of land that were left off the annexations.
Carolyn Jones said she has not put that together yet, but
will do a presentation to Council prior to the starting
annexation process.
Mr . James Johnson, Finance Director, stated that Judge
Lemley is assessing community service hours for fines.
Councilman Naish wanted to know about insurance if one of
these people got hurt . City Attorney Rob Dillard said he
could not answer that question, I was not aware you were
doing this.
City Secretary Carolyn Jones reminded Council of the Collin
County Public Officials meeting on Thursday night.
Mayor Trimble recessed the open meeting and convened Council
into Executive Session at 8:25 P.M. under the authority of
Article 6252-17 V.A.C.S. Section 2 paragraph "g" Personnel
Matters - discussion of position of Chief of Police and
paragraph "e" consultation with City Attorney regarding
Lifeline Ambulance Service.
Mayor Trimble reconvened the open meeting at 9 :45 P.M. ,
there being no action necessary from executive session a
motion was made to adjourn with all in favor.
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