02-28-1989 (City Council) Minutes 272
CITY COUNCIL MEETING
MINUTES
FEBRUARY 28, 1989
The City of Wylie City Council met in regular session on
Tuesday, February 28, 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 Pro Tem John W.
Akin, Council Members Marvin Blakey, Tom Pritzkau, Ortie
Messenger, and Bud Naish, City Secretary Carolyn Jones, Code
Enforcement Inspector Kenny Powell, Chief of Police James
Gilmore, Finance Director James Johnson, Public Works
Superintendent Don White, Assist . City Engineer Ron Homeyer
and City Attorney Rob Dillard. Mayor Chuck Trimble and
Councilman Jim Swartz were absent.
Mayor Pro Tem Akin called the meeting to order and gave the
invocation.
APPROVAL OF MINUTES OF THE FEBRUARY 11TH, 14TH AND 18TH
COUNCIL MEETINGS: There being no additions or corrections
to the minutes, a motion was made by Councilman Naish to
approve as submitted. Seconded by Councilman Blakey. The
vote was as follows : Mayor Pro Tem Akin - 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.
PRESENTATION BY LYDIA GREER FOR A REQUEST TO USE THE
COMMUNITY PARK ON THOMAS STREET FOR A FUND RAISER FOR THE
PARKS, POLICE DEPARTMENT AND FIRE DEPARTMENT: Mrs . Greer
stated that the Wylie Women' s League is planning an all day
fund raiser for the Parks, Police and Fire Departments which
will be held on May 13th with a rain day of May 20th. There
will be rides for kids, moon walk, all sorts of games, an
auction, plus exhibits, arts and crafts. We hope to raise
more money this year than last year . Mayor Pro Tem Akin
stated that the Council appreciated what the . Wylie Women' s
League did last year.
APPROVAL OF REQUEST TO USE COMMUNITY PARK ON THOMAS STREET
FOR AN ALL DAY FUND RAISER: Motion was made by Councilman
Naish to approve the use of the park for a fund raiser
sponsored by the Wylie Women' s League. Seconded by
Councilman Messenger . The vote was as follows : Mayor Pro
Tem Akin - 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 .
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CONSENT AGENDA: INTERLOCAL FIRE AGREEMENT BETWEEN ROCKWALL
COUNTY AND THE CITY OF WYLIE; EASEMENT DEDICATION FROM THE
CITY OF WYLIE TO TU ELECTRIC AT THE WYLIE WASTEWATER
TREATMENT PLANT; AND UTILITY EASEMENT DEDICATIONS FOR
INFRASTRUCTURE PARALLEL SEWER FROM HOLLAND HITCH OF TEXAS
AND RAYNOR MANUFACTURING: Motion was made by Councilman
Messenger to approve the Interlocal Fire Agreement between
Rockwall County and the City of Wylie, easement for
dedication from the City of wylie to TU Electric at the
Wylie Wastewater Treatment Plant, and utility easement
dedications for infrastructure parallel sewer from Holland
Hitch of Texas and Raynor Manufacturing. Seconded by
Councilman Blakey. The vote was as follows : Mayor Pro Tem
Akin - 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 FOR A SPECIFIC USE PERMIT FOR PORTABLE
CLASSROOM FOR THE EPISCOPAL CHURCH: This property is
located at 211 S. Second Street, Lot 13 , Block 30 of
Railroad Addition. Mayor Pro Tem Akin opened the public
hearing , there being no comments or questions, the public
hearing was closed.
APPROVAL OF THE SPECIFIC USE PERMIT FOR PORTABLE CLASSROOM
FOR THE EPISCOPAL CHURCH: This property is located at 211
S. Second Street, Lot 13, Block 30 of Railroad Addition.
Motion was made by Councilman Blakey to approve the Specific
Use Permit for portable classroom for the Episcopal Church.
Seconded by Councilman Pritzkau. The vote was as follows:
Mayor Pro Tem Akin - 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 FOR "NO PARKING" ON THE WEST SIDE
OF N. RUSTIC TRAILS : The no parking would be from West
Brown and N. Rustic Trails to the north property line of 500
N . Rustic Circle, which is approximately 300 feet . Motion
was made by Councilman Naish to approve the No Parking on
the West side of N. Rustic Trails between W. Brown and N.
Rustic Circle. Seconded by Councilman Pritzkau. The vote
was as follows: Mayor Pro Tem Akin - 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 THE ABANDONMENT AND CLOSURE OF THE SECOND STREET
RAILROAD GRADE CROSSING OF THE AT&SF RAILWAY: Mayor Pro Tem
Akin wanted to know if this closure was contingent upon the
crossing for Sanden Blvd. being granted . Mr . Homeyer said
yes it was and the closure would not be done until such time
as the Sanden Blvd. crossing was completed . Councilman
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Naish wanted to know why one of the Planning and Zoning
members abstained. Mr . Homeyer said one member thought this
would be the through North South street instead of Oak being
the through street. Oak Street has more traffic than Second
Street does. Mayor Pro Tem Akin said that every few people
use Second Street. Councilman Blakey wanted to know if in
the future if needed, can we close Oak Street crossing and
re-open Second Street crossing . Councilman Messenger said
since the State recommends this it is probably the way to
go, but the Planning and Zoning minutes do not reflect
anything that was said. Mr . Bart Peddicord, Vice Chairman
of Planning and Zoning said some of the people were not
informed of the traffic pattern in this area.
Motion was made by Councilman Naish to approve the closing
of the Second Street crossing, based on Sanden Blvd.
crossing being approved prior to this closing . Seconded by
Councilman Messenger . The vote was as follows : Mayor Pro
Tem Akin - 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 THE ADOPTION OF THE REVISED THOROUGHFARE AND
COLLECTOR STREET PLAN: Mr . Homeyer said staff used the old
thoroughfare plan and added one more collector street, one
major adjustment is southern portion of Spring Creek Parkway
and the moving of one collector street up to avoid crossing
a creek.
Councilman Naish wanted to know if the City will do anything
on acquiring the land for these thoroughfares. Mr . Homeyer
said staff could, but most would come at the time of
development . Motion was made by Councilman Naish to approve
the thoroughfare plan. Seconded by Councilman Messenger.
The vote was as follows : Mayor Pro Tem Akin - 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 FUTURE MAIN CUTS FOR STATE HIGHWAY 78 IN REGARDS
TO PROPOSED BROOKSHIRE SITE AND THE WYLIE COMMUNITY
HOSPITAL: Mr. Homeyer said Brookshires requested from the
Highway Department a design for a media cut - there are two
alternatives: first is a media cut to the center of the
property for Brookshires and a media cut for the emergency
and main entrance to the Hospital; second is a joint access
for Brookshires and Wylie Hospital . This one does not give
media cut to the main entrance and will have all emergency
traffic going around the Physicians Plaza to get to the
emergency entrance. There is a third option, but it does
not meet the required distance for left turn off Highway 78
and FM 544 . If the media cut was approved here, it would
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take special approval from Washington. Planning and Zoning
recommends the joint access for Brookshires and the
hospital .
Councilman Messenger said the second option which is joint
access is the way to go.
Councilman Blakey wanted to know if Brookshires said which
one they wanted. Mr . Homeyer said Pete Forsyth said
Brookshires wanted the second option. Councilman Blakey
asked Mr . Forsyth if they would be able to work out an
access agreement with the Hospital . Mr . Pete Forsyth, from
Tyler, Texas, representative for Brookshires, said he has
not personally spoken to the Hospital , but Dwight Scott has
been talking to the Hospital about this agreement . Mr.
Forsyth said that Brookshires did have an agreement with the
prior owners of the hospital . Brookshires will continue to
work with the hospital and see what we can come up with.
Councilman Pritzkau wanted to know if this would be the only
access. Mr . Homeyer said there will be more than one, but
only one with the left turn.
Motion was made by Councilman Blakey to approve the second
option, which is a media cut with the joint access with
Brookshires and the Hospital .
Mr . Larry Wedekind, Chief Executive Officer of the Hospital ,
stated that this was a very sensitive issue. The hospital
was built in 1983 by American Health Care, this firm had
some financial problems and called on my firm to help them
out. When they called me, their goal was to expand on my
networking and my influence among physicians in Plano and
Richardson. The hospital was loosing a large sum of money
each month and in every short order I recruited several
specialist from Garland, Plano and Dallas. We actually
turned a profit in 1987 and 1988 . American Health Care
hired my firm and the former administrator was asked to
resign. He has also made some very bad comments about the
hospital and the staff and about myself. We have new
doctors coming in and we are making great progress in doing
a better job. Most of the physicians in the Physician Plaza
are aware of what is going on with Brookshires and we are
concerned . American Health Care has no ideal what is going
on. I have talked with Dwight Scott many times and after
several engineer studies, we feel this is not feasible.
Councilman Messenger said Sanden Blvd . would take some of
the traffic away. Mr . Wedekind said Mr . Homeyer told
Planning and Zoning it would add to the traffic not take
away. Mr . Wedekind said when you add a new and very large
successful grocery store right next to the hospital , and
given the fact that we need a media cut on our
main/emergency entrance not the private road for emergency.
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We can not access our emergency room from that private road ,
which the Planning and Zoning wanted us to use as a joint
access road . If I could, I would try very hard to work to
do it. I would like to see Brookshires in Wylie, but not
next to the hospital . This will just add more accidents and
problems .
Councilman Messenger said he was at the Planning and Zoning
meeting and Mr . Forsyth said most of their delivers are in
the evenings. Mr . Wedekind said we also have emergencies
in the evenings . Councilman Messenger said Mr . Wedekind,
you stated at the Planning and Zoning meeting that you
wanted to buy the land for yourself . Councilman Messenger
said if you wanted the land for yourself, you should have
bought it and not try to stop Brookshires from coming in.
Mr. Wedekind said that is false, I said I wanted to buy it
but that is not why I am asking you to oppose this media
cut. I am asking you to oppose it because we need the
hospital and the media cut for the hospital . Mr . Wedekind
said that most of our land is under a flood plain and we
will have to improve this land if we want to add on. Mr .
Wedekind said the bottom line here is it will be more
congestion and Brookshires is not concerned about our
problems. We will have to spend over $100 ,000 to improve
our land to accommodate the flooding that Brookshires will
cause with all the concrete they put down.
Councilman Pritzkau asked Mr . Wedekind if he was familiar
with the hospital in Plano. They only have one curb cut on
Coit and one on 15th Street. I agree the highest and best
use for the property is medical , but I do not believe Wylie
can support it now.
Mr. Wedekind said I agree except there are two businesses
using the same access and this will be a problem. I want
Brookshires to come, but not here in this spot.
Councilman Pritzkau said if Council approves option No. 2,
then the hospital has said they will not allow Brookshires
the joint access, so basically we are at a stand still if
Council does this, there will be no Brookshires. Councilman
Messenger said that is not for us to decide. Councilman
Pritzkau said I realize that but at this point it has
already been decided. Councilman Messenger said Mr . Forsyth
said he had not negotiated with you as yet so I do not see
how it has been decided. Mr . Wedekind said to me it is not
a negotiation, I do not see how it can work for us, I have
to be concerned about us and the access for us .
Mayor Pro Tem Akin said I hate to here that we can not work
together , I helped get the hospital, I know about the
financial problem of American Health Care and I know about
your problem too. Brookshires is coming in on that
property. Brookshires is going to bring in $120 ,000 of
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revenue to this City plus an opportunity for a number of
jobs. Forget about Dwight Scott and work with Pete Forsyth
and work out this problem. Mayor Pro Tem Akin said he would
like to see the hospital work with Brookshires. Mr .
Wedekind said he was afraid of law suites for not having
access to the emergency room.
Mr . Dwight Scott said he would like to say something . Mayor
Pro Tem Akin said you think what you might say is going to
add anything to it Mr . Scott or are you just going to
confuse the issue. Mr . Scott said the state traffic
engineer has recommended this, neither Larry, nor I , nor
Brookshires are traffic engineers.
Councilman Messenger seconded the motion made by Councilman
Blakey to approve option 2 with joint access for hospital
and Brookshires. The vote was as follows : Mayor Pro Tem
Akin - 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 .
Mayor Pro Tem Akin stated that one of the Councilman could
not be present tonight, but did send his comments in and for
the record, I would like to read those comments. Councilman
Swartz wrote the follow: "One of the problems that has faced
Wylie Chamber of Commerce and the City Council has been the
lack of businesses wanting to open in Wylie. Those that
have, find it very hard to stay open as most citizens go out
of town to do their shopping. Since most citizens work
outside of Wylie the hours most stores keep do not make it
easy to shop here as the stores close around 5:00 to 5 : 30
and close at noon on Saturdays. Without incoming business
to Wylie the total tax burden falls on the citizens of
Wylie.
I say all this to bring up the question of why would anyone
in Wylie discourage a store like Brookshires from coming to
town. It would seem most citizens would do more of their
grocery shopping in town and would also do other shopping at
the same time. The taxes generated by Brookshires and the
convenience of a major grocery chain alone should have every
citizens jumping for joy.
At the Planning and Zoning meeting Mr . Wedekind of the Wylie
Hospital , said they did not want anyone having that property
but the hospital . He also said the hospital cannot afford
the property and the truth is they may never have the money
to purchase that property. Mr . Wedekind also said he would
like the property zoned medical so it would be assured no
one could buy the property but them. I don' t believe we
have the right to tie up property like that for anyone.
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The other problem is traffic and we all agree that Highway
78 is a problem. Highway 78 will always be a problem
whether there is a Brookshires or not.
It is our duty as Council Members to support anything that
will help the citizens of Wylie to pay for the growth and
mandates that faces the city at this time.
I , Jim Swartz , support the approval of the final plat of the
Wylie Shopping Center and whatever changes to Highway 78
needed for the building of the Brookshires Supermarket. "
APPROVAL OF THE PRELIMINARY AND FINAL PLAT OF THE WYLIE
SHOPPING VILLAGE : Mr . Homeyer said the plats before you,
one is for the preliminary and one is for the final plat.
These plats show all the existing easements, the contours of
the land and a joint access easement to Highway 78 as well
as access to Valentine Lane. There will be a joint access
easement with the hospital on the corrected copy that will
be filed in County.
Motion was made by Councilman Messenger to approve the
Preliminary and Final Plat for Wylie Shopping Village.
Seconded by Councilman Naish. The vote was as follows :
Mayor Pro Tem Akin - 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 HISTORICAL HERITAGE COMMITTEE FOR THE CITY OF
WYLIE: Mayor Pro Tem Akin stated that this is an item that
Councilman Messenger brought forward and I endorse this. At
one time in 1981 , we established a committee like this but
it fizzled out. The City Secretary has checked with the
Texas Historical Commission and they are sending her some
information.
Councilman Messenger thanked Mr . John Spillyards who paid
me a visit last week and stated he and his wife were
interested in this committee.
Motion was made by Councilman Messenger to approve the
Historical Heritage Committee. Seconded by Councilman
Blakey. The vote was as follows : Mayor Pro Tem Akin - 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 FOR THE CITY SECRETARY TO CONDUCT A CANDIDATES
BRIEFING ON THURSDAY, MARCH 23, 1989 AT 6: 30 P. M. : Motion - .
was made by Mayor Pro Tem Akin for the approval for the City
Secretary to conduct a the Candidates Briefing. Seconded
by Councilman Messenger. The vote was as follows : Mayor
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Pro Tem Akin - 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 THE RE-NAMING OF GASTON DRIVE: Mayor Pro Tem
Akin thanked Mr . Homeyer for recommended the use of two of
the past Mayor' s of Wylie. Mr . Marshall was Mayor from 1905
- 1906 and Mr . 0. W. Hampton was the only mayor elected by a
write in vote. Mr. Homeyer said there was confusion with
Gaston Drive. Mr . Homeyer recommended to Council to name
one of the streets Hampton and the other Marshall.
Councilman Naish wanted to know if staff was changing the
odd numbers. Mr. Homeyer said no, it is numbered according
to a grid - West/East and North/South. Motion was made by
Councilman Pritzkau to re-name Gaston Dr . to Marshall Dr .
and Hampton Dr . Seconded by Councilman Blakey. The vote
was as follows : Mayor Pro Tem Akin - 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 RETURNING THE FIRE TRUCK TO THE CITY OF ST.
PAUL: Mayor Pro Tem Akin said the Fire Chief could not be
here tonight, but this equipment has been more costly than
what it is worth. Staff has reported that they have not
received a signed copy of this agreement with St . Paul , and
have sent a number of letters to St . Paul to correct this.
Motion was made by Councilman Naish to return the Fire Truck
and Equipment to the City of St . Paul . Seconded by
Councilman Messenger. The vote was as follows : Mayor Pro
Tem Akin - 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 Pro Tem Akin invited those
wishing to address the council to come forward at this time,
to state their name and address for the record. There were
no speakers at this time.
COUNCIL DISCUSSION: Councilman Blakey stated he was happy
to see the concrete being poured on Stone Road .
Councilman Messenger made a statement in regards to the
letter from the Chamber requesting a meeting with the
Council regarding the sign ordinance. I went to the Chamber
luncheon today and I feel the Council needs to meet with
them. Councilman Messenger also said that the Wylie Sports
Assn. wanted to know if the police or fire department could
-� - sponsor a baseball team. The cost is $250 .00 and I would
like to know if there are any legal problems. City Attorney
Rob Dillard said the City can not donate, individual
employees can sponsor if they want to but not the City.
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Councilman Messenger said he was impressed with the letter
the Council received from the West Lake Hills Mayor
regarding James Gilmore.
Councilman Pritzkau asked Mr . Johnson if he had gotten with
Mr. Larson about his bill . Mr. Johnson said yes we have
talked with him.
City Secretary Carolyn Jones stated she would be setting up
a meeting with the Chamber as soon as possible and wanted to
know if one date was better than another.
Mr. Homeyer said the file went to Austin today with complete
set of plans. I will call Austin tomorrow to see if it
arrived.
Mayor Pro Tem Akin said on the Council inquires, staff is
trying to answer these and put a memo in your boxes
regarding the status of the inquiries.
Mayor Pro Tem Akin recessed the open meeting at 8:25 P.M.
and convened Council into Executive Session under the
authority of Article 6252-17 V.A.C.S. , Section 2 paragraph
"g" Personnel Matters - Discuss interviews for position of
City Manager . Mayor Pro Tem Akin reconvened Council into
open meeting at 9 : 10 P.M.
There being no other items for discussion, a motion was made
to adjourn with all in favor.
John W. Akin, Mayor Pro Tem
ATTEST :
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Caroly ne , ity Secretary c
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