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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 . 273 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 274 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 275 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. 276 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 277 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. 278 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 279 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. 280 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 : 011111111 CJ Caroly ne , ity Secretary c SEAL