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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 485 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 ATTEST : `,\ \ ��101FIiu1 Il�j/iq✓✓✓✓✓✓��i��i ick o C) aro J n , City Secretary) SEAL am `\`: ✓✓✓✓✓✓✓✓ rI-I E i h3ilE 1