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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 493 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 . 494 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 495 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. 497 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. 498 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. 499 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 . 500 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 ATTEST : \,\`\\���UOtlFllttttAl�gik�,'/''''' aro J s , City Secretary! SEAL41, a g ``o komminitioo