11-28-1989 (City Council) Minutes 492
CITY COUNCIL MEETING
MINUTES
NOVEMBER 28, 1989
The City of Wylie City Council met in regular session on
Tuesday, November 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 Chuck Trimble,
Mayor Pro Tem Bud Naish, Council Members Ortie Messenger,
Jim Swartz , Pat Stemple, Steve Wright and John Akin, City
Manager Charles Norwood, City Secretary Carolyn Jones,
Finance Director James Johnson, Chief of Police James
Gilmore, Public Works Superintendent Don White and Assist.
City Engineer Ron Homeyer.
Mayor Trimble called the meeting to order and Councilwoman
Stemple gave the invocation which was followed by the pledge
of allegiance lead by Mayor Pro Tem Naish.
APPROVAL OF THE MINUTES OF THE NOVEMBER 7TH AND 14TH
MEETINGS : Mayor Pro Tem Naish corrected the minutes of
October 17th to reflect his statement was the City has the
equipment if the County would provide the manpower and
materials. Councilman Wright requested that the November
7th tape be listen to in order to verify his statement about
the builders in the City of Richardson. The tape reflected
the following statement: "Councilman Wright stated that Mr .
St. John was able to contact three different contractors in
and around Richardson each one of these contractors said
they built on 16" centers and would not build otherwise" .
Mayor Pro Tem Naish corrected the November 14th minutes to
reflect Mr. Arp' s statement to read other cities range from
7% t 8% sales tax. There being no other corrections a
motion was made by Councilman Messenger to approve the
minutes of the November 7th and 14th meetings as corrected
above. Seconded by Councilman Wright. 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 PROCLAMATION FOR BLOOD DONOR MONTH, JANUARY,
1990: Mayor Trimble read the proclamation for the record as
follows :
WHEREAS, a genuine concern for others has always
distinguished the American citizens; and
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WHEREAS, no manifestation of this generosity of spirit is
more priceless in time of personal crisis than the donation
of one' s blood; and,
WHEREAS, through the efforts of the American Association of
Blood Banks, a single and efficient program for the
collection of blood from the voluntary blood donor has been
instituted;
NOW, THEREFORE, I , CHUCK TRIMBLE, MAYOR OF THE CITY OF
WYLIE, TEXAS, do hereby declare and proclaim the month of
January, 1990 , as "BLOOD DONOR MONTH" in the City of Wylie,
Texas, and urge all citizens to honor the outstanding blood
donor and to encourage by all appropriate means additional
people to be voluntary blood donors . :
Motion was made by Councilman Akin to approve the
proclamation for the American Association of Blood Banks as
January, 1990 being Blood Donor Month. 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 favor, Councilman Messenger - in
favor, and Councilwoman Stemple - in favor . This motion
carried with all in favor .
Mayor Trimble presented the proclamation to representatives
from the Wadley Blood Bank and representatives from the
Wylie High School .
ACCEPTANCE OF THE RESIGNATION OF JILL TOMEK FROM THE PARK
AND RECREATION BOARD: Mrs . Tomek has resigned from the Park
and Recreation Board effective immediately, as she and her
family are moving. Mrs . Tomek' s term expires in July, 1990 .
Mayor Trimble noted for the record a special thanks to Mrs .
Tomek for all the work she has done in the parks and while
serving on the park board. Motion was made by Mayor Pro Tem
Naish to accept the resignation of Mrs. Tomek. 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.
APPOINTMENT TO PARK AND RECREATION BOARD TO REPLACE JILL
TOMEK: Councilman Akin voiced his concern about by passing
those citizens who have put their names on the list wishing
to serve on our boards. Councilman Messenger said that was
a good point, but B. J. Upshaw is on the WSA Board and our
intention was to give them representation on the Park Board.
Motion was made by Councilman Messenger to appoint B. J.
Upshaw to the Park Board with his term expiring July, 1990 .
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Councilman Akin wanted to know why Mr . Upshaw didn' t sign up
before now. Mayor Trimble said he felt Mr. Upshaw would
give a lot to the Park Board.
Councilman Messenger' s motion was seconded by Councilman
Wright . 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.
APPOINTMENT AS ALTERNATE MEMBER TO ZONING BOARD OF
ADJUSTMENTS: This appointment is to replace Richard Eckman,
whose term expires July, 1991 . Councilman Wright made a
suggestion to appoint Bill Sinsabaugh. Councilman Messenger
said Mr . Spillyard from the Historical Commission has talked
with me about putting Mr . Sinsabaugh on this board. Mayor
Pro Tem Naish wanted to know if anyone had talked with John
Mondy, and it was noted that Mr . Mondy was still interested
in serving . Motion was made by Councilman Messenger to
appoint Mr . Mondy as an Alternate Member to Zoning Board of
Adjustments, with his term expiring July, 1991 . 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.
APPOINTMENT OF ANTHONY HANKEY TO ADHOC COMMITTEE - IMPACT
FEES: Motion was made by Councilman Akin to appoint Anthony
Hankey to the Adhoc Committee - Impact Fees. 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 .
APPOINTMENT TO HISTORICAL COMMITTEE TO REPLACE BETH FULTZ :
Motion was made by Councilman Messenger to appoint Mr . Bill
Sinsabaugh to the Historical Committee. Seconded by
Councilman Wright. 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 REQUEST FROM CHAMBER OF COMMERCE FOR ANNUAL
CHRISTMAS PARADE ON SATURDAY, DECEMBER 9TH: This request is
for the closing of Ballard Street from 8 : 00 A.M. until
after the parade from Oak Street to just north of Pizza
Plaza . Motion was made by Councilwoman Stemple to approve
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the request for the annual Christmas Parade on Saturday,
December 9th. 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 BOBBY WILLIAMS, REPRESENTATIVE FROM B. F. I .
ON PROPOSED RATE INCREASE: Mr . Williams stated the rising
cost of the charge for using others landfill and cost of
equipment, it is necessary for BFI to come forward with a
proposed rate increase. The landfill charge for 1988 was
$1 .40 per cubic yard and for 1990 it will be $1 .70 per cubic
yard, in addition to this increase the State of Texas has
set a landfill tax of $ .12 per residential service and $ .10
per cubic yard on all containerized commercial customers
which will be effective January 1, 1990 . These charges have
been incorporated in the proposed rate increases.
Councilman Akin wanted BFI to understand he and other was
not satisfied with the service Wylie was getting . Mayor Pro
Tem Naish said BFI advertises a recycling program, why can' t
Wylie have this program. Mr . Williams said Wylie can have
the program if they want to pay for it, but it will not
lower your rates and it will cost the City for pick ups.
Mayor Pro Tem Naish wanted to know what BFI would offer
during spring clean up, and also will BFI give us containers
during the Christmas season as we will miss one day of
service and this would help BFI out to have the trash taken
to containers . Mr . Williams said we will put the bins out
and will only charge you for the dump fees. City Manager
Charles Norwood said if you put the bins out , it will help
your work load later on in the week, surely we can work out
something on the fees . Councilman Akin said it seems we
are going backwards, when Moore Industrial had this
contract, they helped with clean up and they picked up at
the door for the senior citizens, but your company has not
done any of this . Mr . Williams said we will do this for the
City. Councilwoman Stemple said as a rule, we have two
pickups a week, if a holiday falls on Monday or Thursday , we
go a full week without service and yet you charge us for
this . Mr . Williams said these holidays are listed in your
contract . Mayor Pro Tem Naish asked how many more years was
on this contract . Mr . Johnson said two and one half years.
Councilman Messenger asked Mr . Johnson if he has verified
these numbers . Mr . Johnson said he had not seen the figures
yet. Councilman Swartz said that last year the
representative from BFI told us whatever we put out they
would pick up, then BFI begin saying we do not pick up this
or that. The citizens of Wylie need to know what you will
and want pick up. Mr . Williams said he could put out a
brochure on this.
496
PUBLIC HEARING ON THE RE-ZONING REQUEST FOR 300 FEET OF 1 .97
ACRES OUT OF TRACT 29 , ATTERBURY SURVEY, ABSTRACT 23 : This
request has been made by Mr . Melvin St. John and the
property is located on southeast corner of Ballard and
Stone. Mayor Trimble opened the public hearing and
requested those wishing to speak on this matter to come
forward and state their name and address for the record.
City Manager Charles Norwood said in general, Planning and
Zoning has heard this item several months ago and it was
turned down. The request went back to Planning and Zoning
with less land. All of this property backs up to the Church
of Christ . Planning and Zoning voted again to recommend
denial of this request to Council . Planning and Zoning was
concerned about its locations being so close to the school
and also Business 1 adjacent to Single Family. They were
also concerned about services in B-1 compared to Retail.
City Manager Charles Norwood said that Mr . Melvin St . John
is here tonight to address the matter.
Mr. Bart Peddicord, Vice Chairman of Planning and Zoning ,
said it was a unanimous decision to recommend turning this
re-zoning down. Planning and Zoning Commission would zone
Retail, but felt this is spot zoning to grant B-1 Zoning.
Mayor Pro Tem Naish wanted to know how many B-i zoning backs
up to residential . Mr . Homeyer said there are some, but I
do not have that information with me.
Councilman Akin said he realizes this is a public hearing
and council should get involved later, but in other cities
you can see convenient stores backed up to $100,000 . homes.
I wish we had a convenient store in my area.
Councilwoman Stemple said when you have any kind of business
you see homes and traffic, I do not see a problem with this.
Mr . Peddicord said B-1 grants gas pumps and we were
concerned . Councilman Akin said every 7-11 has gas pumps
and there were 25 letters sent out, 4 in favor and 1
against, I usually go with Planning and Zoning, but I do not
understand them going against the citizens .
Mr. Bobby Skipwith, member of Planning and Zoning , said if
they are making changes it should go back to Planning and
Zoning . City Manager Charles Norwood said if they cut it
back it does not have to go back to Planning and Zoning.
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Mr . Melvin St . John introduced Mr . Steve Grisson who would
be representing him on this zoning case . Mr. Grisson stated
that he has visited with Mr . St. John about this and some of
the points that need to be brought out are, the convenient
store on this corner will not add to traffic, traffic is
already there, this is already a truck route, and convenient
stores are located next to residential areas in other
cities. In comparing B-1 to Retail , we need the B-1 for gas
pumps . Retail has restaurant with drive-in, hotel and
motel with transit traffic, ect . When Mr . St. John and Mr .
Tibbals bought this in 1976, this portion of the plat was
left as one piece for a business tract . Mr. Grisson also
stated that another positive thought is the revenue from
this property would be approximately $15 ,000 from sales tax
and $15,000 for property tax per year . The convenient store
is an Exxon store and the closest one to Wylie is 12 miles
away. We respectfully request you zone this to Business -
One.
Mayor Pro Tem Naish wanted to know what happens if the buyer
changes his mind . Mr . Grisson said the contract is signed
with this buyer, but retail will not allow gas/convenient
store, it will allow a pet store, fee store and a garage.
Mayor Pro Tem Naish wanted to know what the zoning was for
the Church. Councilman Akin said a church can go in any
type of zoning . Mayor Trimble said each case is to be
looked at separately and not compared to the other cases..
Councilman Akin said this is on FM 544 East and it is a
thoroughfare.
Mayor Trimble asked if any citizens were here that would
like to speak on this matter .
Mrs . Lois Swartz of 506 W. Jefferson, there are my personal
feelings and opinion, I have a great deal of concern about
the children crossing this area. My concern is for ego
purposes , Exxon does not have a good name right now.
Mrs . Jayne Chapman of 311 Woodhollow Court stated she lives
in this area of town, I would like to see more businesses to
help with the tax rate.
Mr . Dave Davis said he does not live in Wylie today, I did
at one time, but today I live in Garland, it is a very nice
area and we have several convenient stores. I feel Wylie
needs this and needs to move ahead and be progressive.
There being no other questions or comments, Mayor Trimble
closed the public hearing.
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APPROVAL OF ORDINANCE RE-ZONING 300 FEET OF 1.97 ACRES OUT ....,,
OF TRACT 29 , ATTERBURY SURVEY, ABSTRACT 23: Councilman Akin
said $30,000 a year in revenue, a convenient store would be
handy and there are a lot of senior citizens who have to
walk and do not have cars to get them elsewhere. Council is
trying to get more businesses to help with the tax burden.
Mayor Pro Tem Naish said he agrees, but this is against our
ordinance to have B-1 against Residential .
Mayor Trimble asked if Planning and Zoning would look at
this different since it was cut back. Mr. Skipwith said
probably not.
Councilman Akin said the citizens are getting is a signal
from Council on turning down $30 ,000 . a year .
Councilman Swartz said no business has been turned down in
the city to my knowledge we have worked and done exceptions
and that is our problem, we need to look at the total
picture and totally support the Planning and Zoning Board.
Councilman Messenger stated in the Planning and Zoning
minutes Brian Chaney, Chairman said if this is zoned B-1
other corners are zoned Retail and we could have a law suit
if they were denied. Also Cececlia Wood brought up a point
of referring to the Zoning Ordinance and B-1 being
compatible to residential .
Councilman Akin asked if staff looked at this and did they
have a recommendation . City Manager Charles Norwood said
no, but in looking at the street width, this development
might bring the highway department into play for widening
the street. City Manager Charles Norwood said he sees no
problem and feels this is the way to go.
Councilman Wright said we have no reason to believe this to
be a major thoroughfare. Mayor Trimble said it is a major
thoroughfare on our maps and County maps, this is a State
Highway and this is a major intersection for this area.
Councilman Akin said for years we have worked with Dallas
County on FM 544 East in working on plans to make
improvements. City Manager Charles Norwood said no matter
how this zoning comes out , we need to get with Dallas County
on this highway project .
Councilman Akin wanted to know how much right-of-way. Mr .
Homeyer said 90 feet of right-of-way. City Manager Charles
Norwood said in looking a the school crossings, we have a
`""crossing on Highway 78 and it has a larger traffic problem.
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Mayor Trimble called for a motion to accept this zoning .
Motion was made by Councilman Akin to approve the zoning for
B-1 for 300 feet of a 1 .97 acre tract out of the Atterbury
Survey, Abstract 23 . Seconded by Councilwoman Stemple. The
vote was as follows : Mayor Trimble - in favor, Mayor Pro
Tem Naish - against, Councilman Akin - in favor, Councilman
Swartz - against , Councilman Wright - against, Councilman
Messenger - against, and Councilwoman Stemple - in favor.
This motion failed for re-zoning with three in favor and
four against .
APPROVAL OF RESOLUTION AWARDING BID OF POLICE PATROL
VEHICLES: City Manager Charles Norwood stated there were
seven bids received , this was bid with other cities, there
is a total of 16 vehicles , with low bid being Greenville
Ford with a total cost of $24 ,565 .40 , this is $50 .00 over
low bid due to $25 .00 delivery charge. Staff recommends
approval . Motion was made by Councilman Akin to approve the
Resolution awarding the bid of police patrol vehicles to
Greenville Ford in the amount of $24 ,565 .40 . Seconded by
Councilman Wright .
Councilman Wright also wanted to know what Houston/Galveston
bids would have been. Mr . Johnson said over $13,000 . per
vehicle.
Mayor Trimble called for a vote on the above motion. 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 AN ORDINANCE AMENDING ORDINANCE NO. 88-28
UNIFORM BUILDING CODE BY CHANGING THE WORDING OF SECTION 3
(D) : City Manager Charles Norwood said this has been
brought back to Council from a meeting several weeks ago.
Staff has invited an Engineer to make a presentation. Mr .
Randy Cooper from Garland stated that Mr . Homeyer sent him a
copy of our Ordinance that adopted the Uniform Building
Codes with amendments . When you begin amending these types
of ordinances , you can run into problems . Mr . Cooper stated
that the code says the building official has the power to
approve a plan with an engineer seal and to deny a company
or person who has hired an engineer, you are trying to do
design work and by setting design like this is questionable.
The City of Dallas tried to adopt their own code and got
into a lot of trouble with it and have since come back to
the Uniform Building Code.
Mayor Pro Tem Naish stated he has checked with several
builders and there is a lot of cities that have 24" centers,
most of the builder went to 24" centers .
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Councilman Messenger said the Code reads on 24" centers.
Mr . Cooper said the code says minimum standards are 24"
centers . Mr . Cooper also stated that what Council is doing
is saying we are going to be the designer and this is the
way it is going to be. Mr . Cooper said his personal opinion
is that he fines nothing wrong with 16" centers or with
Trusses, 16 " centers gives a better quality product.
Professionally you should look at the best building for what
you are doing.
Mayor Trimble asked if Mr . Cooper would recommend a change
to our present ordinance. Mr . Cooper said yes, I would not
recommend an ordinance like this. As long as you allow
manufactured trusses you should be okay. Mayor Trimble said
if the building official does not allow this then what. Mr .
Cooper said then you could be questioned and called down on
it. Mayor Trimble asked if the code addresses the quality
of wood. Mr . Cooper said yes it does .
Councilman Akin said he would like to see Mr . Faires and Mr.
St. John and Mr . Cooper get together and work this out .
Motion was made by Mayor Pro Tem Naish to table this item.
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.
CITIZEN PARTICIPATION: Mayor Trimble asked those wishing to
address the Council to come forward at this time and to
state their name and address for the record. There were no
speakers at this time.
COUNCIL DISCUSSION: Councilman Akin wanted to know if the
impact fee study in accordance with the new senate bill has
been started. City Manager Charles Norwood stated this
study has begun . Councilman Akin said our Library was in
need of a new flag, Congressman Hall has sent us another
flag and I have it for the Library. Councilman Akin said he
feels Council should show total support of the one cent
sales tax increase by passing a resolution, and also the
Chamber and Economic Development Board should show their
support.
Councilman Messenger said he attended the Chamber Lunch
today and Randy Arp made a presentation on the one cent
increase to sales tax . Also City Manager made some
statements to help clear up some questions , and it went very
well . ...�,
50/
---� Councilwoman Stemple would like to see Council do something
for the volunteer firemen, as they are very important to the
City. Our Council should give them some type of
recognition.
Mayor Trimble stated that there would be a short recess and
then Council would convene into a work session in the
conference room adjacent to the Chambers , and all of the
citizens are invited to come in.
DISCUSSION OF THE REVISED REPORT - AMBULANCE REQUEST FOR
PROPOSAL FOR CONTRACT AMBULANCE SERVICE: Mr . James Johnson
recognized Reta Allen, who was present and severed on this
committee. Mr . Johnson also read the names of the other
committee members . The first statement that each bidders
has to complete is a qualification statement , this statement
will eliminate a lot of bidders and this type of statement
has been adopted by several cities. One of the most
important thing the Council has to address is if you want
Basic Life Support (BLS) or Advanced Life Support (ALS)
service. If Council makes a decision to go with ALS , it
will be much more expensive and the bids will probably come
in between $100,000 to $200 ,000 subsidy. Councilman Swartz
stated if BLS gives less service, we do not want to go that
route, we do not want to go backwards .
Mr. Johnson stated if these proposals are adopted, the
Emergency medical Services (EMS) Advisory Board would be a
very powerful board. One item to look at is the First
Response Providers - this is very important and the
committee felt EMT training is a necessity for the police
force and fire department. Mr . Johnson also stated that the
committee spent a lot of time on the responsibilities of the
contractor and their duties. In these proposals there are
twenty three separate listings of responsibilities. The
committee also felt it necessary to address the field
personnel other than the full paramedic personnel . The
committee has stated that entry level or "apprentice" jobs
involve a minimum of initial training and that the City
places no restrictions or exceptions upon the Contractor
regarding compensation of field personnel who are not
working in the system in a paramedic capacity. The
committee has felt that the dispatch center should be served
by a "911" telephone system. The council may want to look
at the facilities furnished, as the building now being used
will need to be brought up to standard and this proposals
reads that Council would have the responsibility for the
upgrading of this building . There will not be any rate
increases unless council approves them.
Councilman Messenger wanted to know if this could be bid for
two year and three year contract . City Manager Charles
Norwood said bid it for two years with option of additional
year after council review.
5O2,
Mr . Johnson stated that under the Quality, Quantity and
Replacement of Equipment that Council could strengthen this
by adding ambulances be equipped with special equipment for
children.
Councilman Swartz thanked the Committee for their work and
the long hours spent on this proposal.
PROPOSED PERSONNEL REGULATIONS: It was suggested to change
the vacation proposals for 10 years of service receive 120
hours of vacation per year and for 15 years of service
receive 160 hours per year . Delete Section 5-4 J .
altogether and to review the entire section that deals with
sick leave. Under Section 5-15 - Group Insurance to delete
the thirty day (30) waiting period and have the policy
effective immediately.
There being no other items for discussion, ion was made
to adjourn with all in favor .
Chuck Trimble, Mayor
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