11-14-1989 (City Council) Minutes 484
CITY COUNCIL MEETING
MINUTES
NOVEMBER 14, 1989
The City of Wylie City Council met in regular session on
Tuesday, November 14 , 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 Bud Naish, Council Members Ortie Messenger,
Pat Stemple, Steve Wright, Jim Swartz , and John Akin, City
Manager Charles Norwood, City Secretary Carolyn Jones,
Public Works Superintendent Don White, Assist. City Engineer
Ron Homeyer , Code Enforcement Officer Roy Faires, Chief of
Police James Gilmore and Finance Director James Johnson.
Mayor Trimble called the meeting to order and Councilman
Wright gave the invocation and Councilman Swartz led the
pledge of allegiance.
APPROVAL OF MINUTES FOR OCTOBER 17TH AND 24TH COUNCIL
MEETINGS: Mayor Pro Tem Naish corrected the Oct . 17th
minutes under the work session with Collin County to reflect
his statement "Mayor Pro Tem Naish said the city has the
manpower and equipment if County would provide the
materials" . There being no other corrects or additions, a
motion was made by Councilman Akin to approve the Oct. 17th
& 24th minutes with the above correction. Seconded by
Mayor Pro Tem Naish. The vote was as follows : Mayor
Trimble - in favor , Mayor Pro Tem Naish - in favor,
Councilman Akin - in favor, Councilman Swartz - in favor ,
Councilman Wright - in favor, Councilman Messenger - in
favor and Councilwoman Stemple - in favor . This motion
carried with all in favor.
CONSENT AGENDA: The consent agenda consist of four items,
authorization to seek competitive bids for Shoring Equipment
for Public Works, and a Pickup Truck for Code Enforcement
Department, approval of pipeline leasing agreement from
South Pacific Transportation Co. and declaring December 25th
and 26th as Christmas Holidays. Councilman Akin stated that
on the 26th of December , there should be some staff working.
Mayor Pro Tem Naish wanted to know if we could go through
Houston for biding. Motion was made to approve the consent
agenda by Councilman Akin. Seconded by Councilwoman
Stemple. The vote was as follows : Mayor Trimble - in
favor, Mayor Pro Tem Naish - in favor , Councilman Akin - in
favor , Councilman Swartz - in favor , Councilman Wright - in
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favor, Councilman Messenger - in favor , and Councilwoman
Stemple - in favor. This motion carried with all in favor .
PUBLIC HEARING ON THE ZONING REQUEST FOR BUSINESS 2 ZONING -
32 .419 ACRES OUT OF THE MOSES SPARKS SURVEY, ABSTRACT NO.
849: This property is located on the north side of FM 544
and across from Steel Road Industrial Park, from the east
property line of the landscape nursery to McCreary Road.
Mayor Trimble opened the public hearing , there being no
comments or questions, the public hearing was closed .
APPROVAL OF ZONING ORDINANCE FOR BUSINESS 2 ZONING - 32 .419
ACRES OUT OF THE MOSES SPARKS SURVEY, ABSTRACT NO. 849:
Councilman Akin wanted to know if there was mixed zoning in
this area now. Mr. Roy Faires said mixed use, there was no
zoning . Motion was made by Councilman Messenger to approve
the Ordinance zoning 32 .419 Acres out of the Moses Sparks
Survey, Abstract No. 849 for Business 2 Zoning . Seconded by
Councilman Swartz . The vote was as follows : Mayor Trimble
- in favor, Mayor Pro Tem Naish - in favor, Councilman Akin
- in favor , Councilman Swartz - in favor , Councilman Wright
- in favor, Councilman Messenger - in favor, and
Councilwoman Stemple - in favor. This motion carried with
all in favor .
APPROVAL OF NOTICE AND ORDER OF ELECTION FOR JANUARY 20,
1990: The notice and order for election is for one half
cent increase in sales and use tax for the purpose of
Economic Development . Mr . Randy Arp representing the
Economic Development Committee, said this committee is
intended to be a resource for our community and a supporter
of our city' s economic development. The legislation has
provided a resource to the individual cities which meet
certain qualifications and Wylie meets these qualifications
outlined in this new legislation . This resource is defined
in SB 971 and provides for an increase in sales and use tax
for the purpose of economic development .
Mr . Arp also stated under SB 971 the City Council is to set
up an Industrial Development Corporation , appoint five
Directors to serve at the pleasure of the Council . Funding
for this would come from 1/2 cent sales tax. The 1/2 cent
increase in sales and use tax would have to be approved by a
vote of the citizens.
Councilman Wright asked if three cities have held this
election already. Mr. Arp said yes , Abilene, Amarillo and
Sulphur Springs. This passed in Abilene and Amarillo.
486
Councilman Akin asked if the business community had been .�
talked to about this increase and do they support it. Mr .
Arp said those in the Chamber have been spoken to and so far
there has been no opposition voiced . Councilman Akin asked
how this increase would compare to other cities around us.
Mr. Arp stated the other cities range from 7% to 8 1/2%
sales tax.
Mayor Pro Tem Naish wanted to know when this five member
board would be appointed . Mr. Arp said after the election
is held.
Councilman Messenger wanted to know if the five board
members actually would make the decision as to how they
would spend the money as long as it follows the guides lines
of the law. Mr . Arp said that is the way he understands it .
Mayor Pro Tem Naish said the council has the right to remove
them from the board if they do not abide by the guidelines
of the law.
Mayor Trimble said they were limited as to what they could
do and Council does have enough control to have a good
operation. It is a small price to pay and I am willing to
pay it myself .
Mayor Pro Tem Naish wanted to know what the tax base is
residential vs . business . Mr . Johnson said it is 70%
residential and 30% business.
Councilman Swartz stated that this is another way of showing
that we are working toward the future of Wylie. I feel this
is a step in the right direction.
Councilman Akin stated if you look back in about 1981 and
1982 you can see the impact on the surrounding cities, where
it has brought in industries to these cities.
City Manager Charles Norwood said there is a law that allows
a city to add another 1/2 cent increase to sales tax but
in return must lower property taxes by 1/2 cent. This is a
general plan for immediate relief of lowering tax rate by
1/2 cent and is an ongoing 1/2 cent sales tax . The purpose
is to broaden the tax base. City Manager Charles Norwood
said these funds can be used to expedite the promotion of
the expansion of Highway 78 and FM 544 .
Councilman Swartz stated that over the past year, we were
surprised the Chamber did not take a part and support the
issues, will the Chamber come out and support this issue.
Mr . Arp said at this point I can only speak for the
committee, but there is formal presentations that will be
made at the Chamber meeting.
487
Councilman Wright asked the City Secretary how far under
the wire were we concerning the date for calling the
election. City Secretary stated that they could wait until
the last meeting of this month. Councilman Wright wanted to
know if anyone on the Council felt we should get the feel of
the Chamber before Council voted on calling the election.
Mayor Trimble stated that it was important that the Chamber
support this , but I would be surprised if they did not .
Councilman Swartz stated that he felt it was important for
the Chamber to support this, but if we wait or not, I feel
we are more or less expecting the Chamber to support us.
Mayor Trimble said if the Chamber does not support us, it
just doesn' t pass and we are out no money.
Councilwoman Stemple commended the Chamber of Commerce for
the work they are doing .
City Manager Charles Norwood said we are over looking a
point, the sales tax is geared to the citizens more than the
businesses. It is not for the Chamber or Businesses. It is
our responsibility to lower our tax rate by broadening the
tax base. City Manager Charles Norwood said this election
is not for the Chamber , and I feel this election should be
called tonight, as it is for the citizens of Wylie.
Councilman Akin said the Chamber is here tonight and I feel
they will support it and we should not delay in calling the
election .
Mayor Pro Tem Naish said it would be up to the voters of
Wylie to approve this , but I have one question, what would
it take to get this other 1/2 cent increase on the ballot.
City Manager Charles Norwood said you would have two
propositions on the ballot, one for the 1/2 cent increase
for economic development and 1/2 cent increase for helping
the tax payers by lowering the tax rate by 1/2 cent.
City Secretary stated that Council can revise the election
order and call for both propositions to be on the ballot.
Motion was made by Mayor Pro Tem Naish to approve the order
and notice of election with the revision for both the 1/2
cent increase for economic development and another 1/2 cent
increase for reducing the tax rate by same. Seconded by
Councilman Swartz . The vote was as follows : Mayor Trimble
- in favor, Mayor Pro Tem Naish - in favor , Councilman Akin
- in favor , Councilman Swartz - in favor , Councilman Wright
- in favor, Councilman Messenger - in favor , and
Councilwoman Stemple - in favor . This motion carried with
all in favor .
488
APPROVAL OF CHANGE IN LIBRARY HOURS: City Manager Charles - .
Norwood said the Library Board met last month and discussed
the possibility of extending the library hours. The Board
suggested to open on Monday, Wednesday, Thursday and Friday
from 10 : 00 A.M. to 7 :00 P.M. The Library Board feels this
is a nice jester toward helping our citizens by extending
the hours.
Motion was made by Councilman Swartz to approve the new
Library hours for Monday, Wednesday, Thursday and Friday.
Seconded by Councilman Akin. The vote was as follows :
Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor,
Councilman Akin - in favor, Councilman Swartz - in favor,
Councilman Wright - in favor, Councilman Messenger - in
favor, and Councilwoman Stemple - in favor . This motion
carried with all in favor .
PRESENTATION BY DALE GARRIOTTE - 804 DOUGLAS REGARDING
ORDINANCE REGULATING THE ENCLOSURE OF A GARAGE: Mr .
Garriotte stated that recently he received a letter from the
City of Wylie that he could not enclose his garage. This
garage has been enclosed for four years, the letter was a
threat to me and I did not appreciate that . Mr . Faires
lives around the corner from me and I would have thought he
would have noticed before now. I did not know it was
against the law and I realize ignorance of the law has no
bearing. I also know there are several homes around Wylie
that have done this. I know some people did not make as
good impression in the way they enclosed their garage. I
did seek legal advise and was told to come before Council
and make my request . Mr . Garriotte said he was requesting
to not have to change his home back, I can build a one car
garage but do not have enough room for a two car garage.
Mayor Pro Tem Naish wanted to clarify in the letter that was
handed out, my statement to Mr. Garriotte was it was to late
for the agenda deadline, not that the agenda was to full .
Councilman Wright wanted to know why it took four years to
find this.
City Manager Charles Norwood said we should remember we have
over 3 ,000 homes and not enough inspectors to check these
homes. City Manager Charles Norwood said this could happen
in any city. City Manager Charles stated to Mr. Garriotte
that his recourse should be made to Zoning Board of
Adjustments . Mr. Garriotte said yes, but I have been told
this Board has never granted this. Mayor Trimble said they
have only heard cases before the change has been made.
Councilman Wright made the statement that one thing he would
say about the Code Enforcement Department is that they will
work with you, but I also think you should go before the
Zoning Board of Adjustments .
489
Councilman Messenger stated that one reason the ordinance is
there is for not putting more cars on the street. I feel
where your lot is you will not have a problem.
APPROVAL OF AN INTERLOCAL AGREEMENT FOR WARRANT OFFICER
SERVICES BETWEEN THE CITIES OF WYLIE, ROWLETT, ROCKWALL AND
SACHSE: City Manager Charles Norwood stated that this was a
step in the right direction for Wylie. This should help
generate some funds for outstanding warrants in the City.
This interlocal agreement speaks out very well for the four
cities working as one unit.
Mayor Pro Tem Naish wanted to know if any of the other
cities has had this on their agendas yet . Chief Gilmore
said it is in the process of going before the other cities.
Motion was made by Councilman Akin to approve the agreement
between Wylie, Rockwall , Rowlett and Sachse for warrant
officer services . Seconded by Councilman Swartz . The vote
was as follows : Mayor Trimble - in favor , Mayor Pro Tem
Naish - in favor , Councilman Akin - in favor, Councilman
Swartz - in favor, Councilman Wright - in favor, Councilman
Messenger - in favor , and Councilwoman Stemple - in favor.
This motion carried with all in favor .
APPROVAL OF PAY REQUEST FROM HUNTER ASSOCIATES, INC. : This
pay request is in the amount of $4 ,200.00 and is relative to
the Wastewater Collection System Improvements. City Manager
Charles Norwood asked Mr . Homeyer if this was the last
payment. Mr . Homeyer said it was the last payment on the
design. Motion was made by Mayor Pro Tem Naish to approve
the pay request in the amount of $4 ,200 .00 to Hunter
Associates, Inc. Seconded by Councilman Messenger. The
vote was as follows : Mayor Trimble - in favor, Mayor Pro
Tem Naish - in favor , Councilman Akin - in favor , Councilman
Swartz - in favor , Councilman Wright - in favor , Councilman
Messenger - in favor , and Councilwoman Stemple - in favor .
This motion carried with all in favor.
APPROVAL OF PAY REQUEST FROM THE INSURANCE ADJUSTER FOR A
TORT CLAIM - K. MARTIN: City Manager Charles Norwood said
the City has a policy if claims exceed $300 .00 the Council
has to approve them. Last winter the City contracted with a
contractor to lay a new sewer line. The contractor was told
the sewer hook up was in the front not the alley and this
property would not hooked up on the new line, therefore this
property was not connected to the new sewer line. This was
something that happened and we need to settle it, in the
amount of $600 .00 . Councilman Akin made a motion to approve
the tort claim to Mr . K. Martin in the amount of $600 . 00 .
Seconded by Councilman Wright. The vote was as follows:
Mayor Trimble - in favor, Mayor Pro Tem Naish - in favor ,
490
Councilman Akin - in favor , Councilman Swartz - in favor, ....,
Councilman Wright - in favor, Councilman Messenger - in
favor, and Councilwoman Stemple - in favor. This motion
carried with all in favor.
CITIZEN PARTICIPATION: Mayor Trimble invited anyone wishing
to address the Council to come forward at this time and to
state their name and address for the record. There was no
participation at this time.
COUNCIL DISCUSSION: Councilman Messenger asked City Manager
if there had been any participation on the donation to the
Park Fund. City Manager Charles Norwood said the bills just
went out and we have had a few questions, but no funds as of
this date. There is a special account set up for these
funds.
City Manager Charles Norwood said there was a work session
scheduled for next Tuesday, but several have said they would
be out of town. Would it be better to cancel and
reschedule. Mayor Trimble said yes, and to put the items on
the end of the next regular meeting .
Councilman Wright stated that there had been discussion
about a packet for new comers, I would like to try and get
this started . Mr . Johnson said we give out a new comers
packet from the Chamber and we also add additional
information regarding our ordinances.
Councilman Akin said maybe we should put it on the seller of
a home to get the ordinance across to the new owners. Mr.
Faires said that staff has put information in the water
bills regarding our ordinances.
Councilman Swartz stated that in the last newsletter we had
an article about the Veterans Courtyard, are we having any
response. City Manager Charles Norwood said there had been
very little.
Councilman Akin asked for a status report on the railroad
crossing for McCreary Road. Mr . Homeyer said the railroad
company has already replaced the railroad ties and I am
waiting for County to give me a check to send to the
railroad .
Councilman Akin asked Mr . Faires about the old junk yards on
Highway 78 , the southside of Maxwell Creek, can we get this
area cleaned up. Councilman Akin said there is a real
estate sign on the property and maybe they could get staff
the information about the owner.
491
Councilman Akin asked Mr . Homeyer if he knew about the water
leak on Highway 78 and on the south side of Stone at the
entrance to the park. Councilman Akin also stated he was
proud of the City park. The plaques we have there are
loosing their color and I would like to see if these could
be repaired and also if we could replace the plaque on Akin
Pavilion.
Mayor Trimble said he has received several calls about the
Army Reserve moving to Wylie, and Charles and I have talked
with several others, this is not a dead issue.
There being no other items for discussion, a motion was made
to adjourn with all in favor.
Chuc Trimb e, Mayor
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