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03-14-1989 (City Council) Agenda Packet DATE POSTED 3-10-89 TIME POSTED 3:00 P.M. AGENDA CITY COUNCIL MEETING CITY OF WYLIE, TEXAS TUESDAY, MARCH 14, 1989 7:00 P. M. - COUNCIL CHAMBERS MUNICIPAL COMPLEX 2000 HIGHWAY 78 NORTH CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1- 24 Consider approval of the minutes for February 23rd and 28th Council meetings 2 25 Consider approval of the appointment of Election Judges for both polling places - two year term 3 Consider appoint to Park and Recreation Board to replace Mr . Ferguson, term expires July, 1990 4 26 - 29 Presentation of plaques to Dr. Ron Pilkington for donation of a tree to the Park and Steve Houser for his time and equipment in transplanting the tree from Kirby St . to Community Park 5 30 Consider approval of recommendations from Park and Recreation Board for WSA to have a fund raiser carnival at the Community Park on Thomas Street on Saturday, April 22 , 1989 from 11 :00 A.M. to 6: 00 P.M. PUBLIC READING OF ORDINANCES AND RESOLUTIONS 6 31 - 34 Consider approval of an Ordinance providing for the Impoundment of Abandoned property, providing authority to sell abandoned property at Public Auction, providing for notice, providing for the disposition of proceeds, providing for the disposal of worthless property,providing exceptions, providing a severability clause and providing an effective date 7 35 - 36 Consider approval of a Resolution establishing a Historical Heritage Committee for the City of Wylie 8 37 - 40 Consider approval of an Ordinance Re- Naming East Gaston Drive and North Gaston Drive to Hampton Drive and Marshall Drive ORDER OF PAGE BUSINESS REFERENCE BUSINESS 9 41 - 42 Consider approval of a Resolution supporting amendment to contract with Lifeline Ambulance for provision of advanced life support ambulance services 10 43 - 59 Consider approval of an amended Contract with Lifeline Ambulance Service providing for ambulance service within the City of Wylie NEW BUSINESS 11 60 - 61 Consider approval of request from Christ Community Church to hire the use of the Bomag and operator to break an asphalt drive way (approximately 400feet) 12 62 Consider approval for the perimeter street fees to be waived for Wylie Shopping Village GENERAL DISCUSSION 13 Citizen Participation 14 Council Discussion 15 Recess open meeting 16 Convene Council into Executive Session under the authority of Article 6252-17 V.A.C.S. , Section 2 , paragraph "e" consultation with attorney regarding Ambulance Service, EPA Charges, Pollution monitoring and paragraph "g" Personnel matters - EEOC report 17 Adjourn CALLED CITY COUNCIL MEETING - MINUTES FEBRUARY 23, 1989 The City of Wylie City Council met in a called session on Thursday, February 23 , 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 (arrived late) Mayor Pro Tem John Akin, Council Members Jim Swartz , Bud Naish, Ortie Messenger , Marvin Blakey, and Tom Pritzkau, City Secretary Carolyn Jones, Assist . City Engineer Ron Homeyer, Ruben Delgado and Jerry Hoagland from Collin County. Mayor Pro Tem John Akin called the meeting to order and Councilman Swartz gave the invocation. DISCUSSION OF B. C. WOOD ESTATE DRAINAGE EASEMENT FOR SANDEN BLVD. : Mr . Homeyer said this easement was given to him and Mr. Johnson on Monday. The representatives of the B. C. Wood Estate are requesting $4 ,000 . for loss of trees along the creek bed . The easement will be granted from the B. C. Wood Estates if the following terms and conditions are honored : 1 . The easement shall cease two (2 ) years from the date hereof . 2. Bermuda grass will be re-established in all disturbed areas . 3. If erosion continues in creek channel , rip-rap will be installed. 4 . The present creek channel will be filled with black clay soil and compacted to present grade. 5. A four-strand barbed wire fence will be installed around construction area to prevent livestock from escaping. 6. Upon completion, a new fence of seven-strand barbed wire, 12 gauge American steel , with six foot tie posts, eight feet apart, together with a water gap across the creek channel with a triple brace, eight inch top posts, set five feet deep and six feet apart will be installed. Mr . Homeyer stated he is not in agreement with all of these conditions . They want a temporary easement and if they lease the property and the new owners use it for grazing then over grazing could happen, then there could be an erosion problem and the City would not have any recourse. Mr. Homeyer also stated that the creek channel has two curves in it, we did not design for rip-rap as we feel there will be no need the way the channel is designed. Mayor Pro Tem Akin wanted to know if item six was the same type of fence that was up now. Mr. Homeyer said no, it is a better fence than what they have now. Mr . Homeyer said this should be a permanent easement for the City. We can offer more money and let them put up their own fence but make it a permanent easement . Mr. Scholz said this property already has seven permanent easements and the temporary fence can stay for the two years. Mayor Pro Tem Akin asked why not one more easement, want Sanden Blvd. add to the value of your property like FM 544 did . Councilman Pritzkau wanted to know how large the property was . Mr . Scholz said a little over 200 acres . Mayor Pro Tem Akin asked if the others paid anything for the easements going across the property. Mr . Scholz said they paid a little but taxes have eaten it up. Mayor Pro Tem Akin wanted to know if the Council offered more money could they have a permanent easement . Mr . Scholz said no permanent easement . Mayor Trimble wanted to know what size easement we were talking about . Mr . Homeyer said approximately three (3) acres. Mayor Trimble wanted to know if anyone could build on it. Mr . Scholz said no, it is all flood plain area. Mayor Pro Tem Akin said Sanden Blvd. is going to add to the value of your property, I cannot understand your not wanting to give a permanent easement. Mr . Scholz said he was against a permanent easement . Mayor Trimble asked Ruben Delgado if he had ever run into this before. Mr. Delgado said not exactly, but over easements, we either come to an agreement or went to court or condemned the property. Mayor Trimble wanted to know if given more than two (2 ) years for an easement would help. Mr . Homeyer said Mr . Scholz ' s attorney has told him no longer than two (2 ) years , or it is considered a permanent easement . Mr . Homeyer said after two (2) years get a smaller easement as a permanent easement. Mr . Scholz said he could not say right now if he would be in agreement. Mayor Trimble asked Mr . Don White if the Public Works Crews could put up the fence cheaper. Mr . White said he would not know until he checked into it. Mayor Pro Tem Akin said Mr. Scholz is waiting for information from the others before he can give us a decision, maybe we should table for a while. B. C. WOOD ESTATE DRAINAGE EASEMENT FOR SANDEN BLVD. : Motion was made by Mayor Pro Tem Akin to table this item. Seconded by Councilman Naish. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - 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 . DISCUSSION OF 1983 COLLIN COUNTY BOND FUNDS DESIGNATED FOR THE CITY OF WYLIE: Mr . Delgado went over what had happen in over the last few months: Nov. 10, 1988 Commissioners Court approves City of Wylie' s request to reallocate funds from Plano Pkwy ($747 ,500) and S. H. 78 ($100,000) to Sanden Blvd. Resolution 87-10-27-83- 1. Feb. , 1988 Maggiore & Caffey & Morrison employed to prepare engineering plans for Sanden Blvd. April 4 , 1988 letter to City manager John Pitstick showing various Sanden Blvd. alignments April 13 , 1988 City approves Sanden Blvd alignment - - approval of alignment included probable cost estimates for various alignments for a 6 lane divided road - - alignment E a combination of Alignments B & D - - Alignment B - $2 .08 MM and Alignment D - $2. 07 MM October 11 , 1988 Ruben Delgado presentation to City Council on status of Sanden Blvd . and Spring Creek Pkwy. Based on estimates by Maggiore & Assoc. , 3 lane roadway with bridge @ $1 .2 MM cost is decided to be advertised for bids Oct. 11 , 1988 Council considered funding allocation for Sanden Blvd . and Spring Creek Parkway Council delays action until bids received Nov. 21, 1988 Collin County advertises for bids Dec. 8, 1988 Bids are received Jan. 30 , 1989 County awards bid to L. H. Lacy Construction contingent on City of Wylie agreeing to supplement deficit from Spring Creek Pkwy. Feb. 8, 1989 Bid obligation by contractor expired Contractor has verbally agreed to a time extension To-date: Easement from Ida Pearl Scholz not acquired . Mr . Delgado said there is a short fall of approximately $150 ,000 for this project to be completed . Councilman Messenger said in October , we did not talk about Spring Creek Parkway, now we would like to see if this money could be discussed. Mr . Delgado ask Council to let him go over the figures for Spring Creek. Mr. Delgado gave the four alignments for Spring Creek Parkway and their cost . Mr . Clarence Daughtery from Collin County Public Works said the policy from the Court is, in 1983 when bonds were approved , it was a lump sum so the Court could move funds as needed, however, there was a definite list and the Court made it clear that this list would be honored. Court has moved monies upon request by Councils but only when there was proof the Council would see that these roads were completed in some other way. Councilman Naish said since the 1988 bond funding failed , maybe the Council should move the money for Sanden Blvd . back to Highway 78 widening . Mr . Daughtery said the prospective for the projects in the bond program came from the citizens just like in this last bond issue. There was much discussion over the money being moved from Spring Creek to Brown St. or some other major thoroughfare. Mr. Jerry Hoagland told the Council that a lot of time has been spent on these projects and the City needed to decide on building the roads . Mr. Hoagland said he was afraid that the City was going to loose the money if they did not begin work on the roads . We cannot keep moving the money from one project to another. Look at the length of time spent on Sanden and no road yet . If we start another project , it will take this long to get this far again. Mr . Hoagland said on the Sanden project , the contract has expired . Mayor Pro Tem Akin said I thought you had an extension. Mr . Hoagland said verbal not written. Mr . Hoagland said $150 ,000 from Spring Creek Parkway to Sanden Blvd. will leave $930 ,00 for Spring Creek Parkway and I believe we can get part of it done. APPROVAL OF RESOLUTION AUTHORIZING THE REALLOCATION OF THE COLLIN COUNTY BOND FUNDS : Motion was made by Mayor Pro Tem Akin to move $150,000 from Spring Creek Parkway to Sanden Blvd. project . Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Akin - in favor, Councilman Swartz - 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. Mr . Hoagland said he would ask the Commissioners Court to move some of this $930,00 but I do not recommend it, I am afraid you will loose it all , Council needs to let me know what to do. There being no other items for discussion, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST : Carolyn Jones, City Secretary 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. 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 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 T'nUROUGHFARE 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 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. 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 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. 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 anu 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 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 a employees can sponsor if they want to but not the City. 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 : Carolyn Jones, City Secretary • PARK AND RECREATION BOARD MINUTES MARCH 2, 1989 The City of Wylie Park and Recreation Board met in regular session on Thursday March 2nd, 1989 in the Council Chambers at 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 Chairman D. F. Whitlow, Board Members Joanie Zeeb, Bill Emsoff, Jill Tomek, and David Orr, Public Works Superintendent Don White, Grounds Maintenance Foreman Philip Bounds, and Secretary Lisa Keith. Vice Chairman Ron Ferguson was absent. Ron Ferguson gave advanced notice of his absence. Chairman D. F. Whitlow called the meeting to order. APPROVAL OF MINUTES OF THE MARCH 2, 1989 MEETING: David Orr submitted a request to omit Page 3, Paragraph 2. D. F. Whitlow submitted a request to omit Page 3, Paragraph 8, Sentence 3. A motion was made to approve the minutes, provided the requested changes are made. The motion was seconded with all in favor. PRESENTATION BY LLOYD NELSON REGARDING A GOLF COURSE PROPOSAL: This business was tabled until the April 6th meeting. Mr. Nelson did not attend the meeting. DISCUSSION OF RECOMMENDED CHANGES TO THE HIGHWAY BEAUTIFICATION PLANS: Don White stated that the plans we sent to Austin are on hold at this time. The Highway Commission has set down new guidelines. They met on February 27th and 28th to approve the new guidelines. The plans were sent back to Pat Haige in District 18 because they would not approve of the signs. Mr. Haige feels confident that if the signs are removed from the plans that we will : not have any problems. We will get the grant money. Jill Tomek asked Philip Bounds if he had a chance to review the plans. Philip Bounds said yes, the only thing that I would change is the beds around the base of the trees. I can add this at a later date. • Jill Tomek said I think we should recommend changes to the plans now, before they are sent back for approval . Don White said I disagree, if we try to make any changes on the plans they could possibly be denied. The plans have already been tentatively approved and the Highway staff has already looked favorably upon them. The City has already been trying to push this through for two years. If we change it we will be back to square one and we will have to spend more money to have the plans changed. Jill Tomek said I strongly disagree. We need to get what we want initially. I don' t think we' ll have a problem. . There was some discussion, between Park Board Members, of whether or not it would be a good idea to go ahead and recommend that changes be made. A motion was made by Jill Tomek to recommend to City Council to disapprove sending the Highway Beautification Plans to the State as is, until they are reviewed and some additions or changes have been made. The motion was seconded. Board Members in favor of the recommendation were D. F. Whitlow, Jill Tomek, Bill Emsoff , and David Orr. Board Member Joanie Zeeb was opposed. Majority ruled. REVIEW OF THE COMMUNITY PARK TOPO: Don White pointed out the different areas of the Park on the TOPO. There was some discussion of leveling out certain areas, but overall the drainage is fairly good. Don White said he wanted to let the Board know that some construction would be taking place in one area of the Park next year. An 18" gravity flow line will be installed to the Sewer Treatment Plant. We don' t want to put a sprinkler system in this area until after construction is completed, otherwise the heavy equipment would possibly tear it up. Jill Tomek asked, when the construction starts, how far into the property line will they be working. Don White pointed out the areas on the map. Don White explained to the Board what projects Philip Bounds has already started and what we have planned for this year (see attached) . David Orr said the ball games start on April the 22nd and league games start on April the 18th. /3 fS / Don White said that on March 18th we will prep three of the ball fields and leave one open for try outs since they are also scheduled for that same day. We will prep the remaining field the following Saturday. Weather permitting. David Orr said that all of the fields are irrigated except for Ralph Field. Don White said Ralph field does have a sprinkler system. It 's not an automatic system, just manual . Don White explained to the Park Board that they need to set up the ultimate Park plan so that the City will have something to work towards as the years go by. Jill Tomek said she had spoken with Kenny Powell and he informed her that a house by Valentine Park was going to be condemned and that it would probably become City property due to the fact that the fines are so high. It should be finalized sometime in June. If the house becomes City property maybe we can use the area for an entrance to Valentine Park. Right now the only access is through the alleyway. D. F. Whitlow said this is the first year that the Park budget has had any money in it. There was some discussion of how the Parks can be improved if there is not enough money in the budget to improve them. It was decided that it can' t be done with what ' s in the budget now. There appears to be only enough funds for maintenance. Don White explained to the Board that next year the Park budget would significantly increase, if we have proposed plans to City Council prior to the budget session in August. Bill Emsoff said that the capital outlay this year, for the sprinkler system. is $2, 500. How tar will $2, 500 get us with a sprinkler system. Don White said he and Ron Homeyer would have to get together, walk it out, and put a pencil to it. There was some discussion, between Board Members, of priority areas needing a sprinkler system. It was decided that the ball field and picnic areas were priorities. Joanie Zeeb made a motion to recommend that sprinkler systems be installed at the sports and picnic areas with the $2, 500 in the budget. The motion was seconded by Jill Tomek with%all in favor. Jill Tomek asked Don White if he could draw in the sprinkler system, including measurements, onto the TOPO. I will have Gary Starnes do the lay out. Don White said he would get with Ron Homeyer and see what they could do. D. F. Whitlow asked if the sprinkler system could be put in between now and April . Don White said if Gary Starnes can help, yes. DISCUSSION OF THE $3000 REVENUE SPENDING FOR COMMUNITY PARK: Joanie Zeeb suggested that this business be tabled until the Master Plan is completed. David Orr said if we table this business it will be too late to decide on any of WSA' s baseball equipment recommendations. WSA needs backstops before the games start. Jill Tomek recommended that the money not be used for maintenance. Joanie Zeeb motioned to table this item to be discussed at the workshop session. The motion was seconded with all in favor. RECOMMENDATION OF COMMUNITY PARK SIGN REQUIRED BY TEXAS PARK AND WILDLIFE: Don White distributed copies of three examples, and a price quote, to the Board. Don White said he received a price quote of $1 . 31 per square inch for a permanent cast bronze sign. Don White explained to the Board that there is no money in the budget to purchase the sign. I think we should consider using part of the $3000 revenue to purchase this. Jill Tomek asked Don White if he could ask City Council to find the money somewhere else, since it wasn' t included in this years budget. Don White said we will find the money somewhere, we have to, the sign must be installed by September. Otherwise we are subject to a fine. I was unaware that we had to have a sign. I didn' t find out about it until October, otherwise I would have made sure the money was in this years budget. There was some discussion between Jill Tomek and Don White concerning the budget. After some discussion the Park Board selected a sign lay out. Jill Tomek made a motion to recommend to the City the consideration of accepting the Park Boards sign lay out selection and that the sign be made of cast bronze. The motion was seconded with all in favor. CONSIDER APPROVAL OF WSA FUND RAISER CARNIVAL AT COMMUNITY PARK ON APRIL 22, 1989: Ovita Vardell , WSA Board Member, introduced herself and informed the Park Board of her involvement in various Wylie organizations. Ovita Vardell said I am the fund raiser chairman for the carnival . We would like to have the carnival on April the 22nd from 11 :00 A. M. to 6:00 P. M. We will have fifteen total games for children to participate in, including softball and baseball . We will also have concessions. We have good leaders who are responsible people to operate the boothes. There was some discussion of what type of game boothes were going to be set up. Jill Tomek asked Ovita Vardell if WSA has liability insurance to cover the event. Ovita Vardell said she would have to speak to the insurance agent, and that there shouldn' t be any problem at all . Ovita Vardell said the boothes would not be set up in the parking lot. Bill Emsoff asked if motorized vehicles would have to get on the grass, or fields, to set the boothes up. Ovita Vardell said no, the boothes are small and light enough that they could be carried. Joanie Zeeb asked if there would be a parking problem. Ovita Vardell said it wouldn' t be any different than normal game days. RECOMMENDATION TO CITY COUNCIL FOR APPROVAL OF THE WSA FUND RAISER CARNIVAL: Bill Emsoff motioned to recommend that City Council approve the WSA fund raiser carnival scheduled for April 22nd, 1989, providing that WSA obtains liability insurance for the event. The motion was seconded by Joanie Zeeb with all in favor. Don White said he would include this business on the March 14th, 1989 City Council Agenda. 16 4 , Ovita Vardell said she would attend the Council Meeting to answer any questions they may have. CITIZEN PARTICIPATION: There being no citizens present the Board moved on to the next order of business. GENERAL DISCUSSION: Don White told the Board Members if they know anyone who might be interested in becoming a Park Board Member to please have them contact Carolyn Jones. Jill Tomek said that a Council Member had talked to her again about the Park Board making a recommendation to City Council to accept the donation of Birmingham Farms tract park land. Bill Emsoff said he thought the City was . concerned about liabilities. Jill Tomek said that it' s covered by the City insurance policy. It is a natural area. We just want to secure the land now. Don White said that the land is already secured because it is zoned as park land. Jill Tomek said that the City needs to go ahead and accept the donation. Jill Tomek motioned to recommend that City Council accept the donation. Don White said the Park Board could not make a motion on this business because it was not listed on the Agenda for this meeting. Jill Tomek said that the Womens League wants to donate something to the Park. They don' t want to just give us the money, they want to purchase an item and then donate it to the Park. After some discussion the Board decided to recommend that the Womens League donate new playground equipment, and that the Board would prepare a list of other items needed for the Park. There was some discussion of how far the Landscaping Ordinance has gotten. There being no other business or discussion a motion was made to adjourn. The motion was seconded with all in favor. D. F. Whitlow, Chairman Respectfully Submitted, Lisa Keith, Secretary LIBRARY BOARD MEETING MINUTES JANUARY 9, 1989 The Library Board of the City of Wylie met in regular session on January 9, 1989 at 6 : 30 p .m. in the workroom at the Rita and Truett Smith Library, 800 Thomas Street , Wylie , Texas . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Robert Fultz, members Rita Smith, Mary Jo Smith, Carol Barry, Cathie Upshaw, Betty Stephens and Library Director, Rosanne Burgess . Judy Lippe was absent . Chairman Fultz called the meeting to order . CONSIDER APPROVAL OF MINUTES FOR THE NOVEMBER 14TH AND DECEMBER 13TH MEETINGS. Consideration was given to the minutes for the November 14th and December 13th meetings , and they were approved . OATH OF OFFICE. The oath of office was given to Cathie Upshaw, new Board member , by Carolyn Jones , City Secretary. OFFICIALLY SET DATE FOR "THANK YOU" RECEPTION - JANUARY 29TH AND DISCUSS FINAL PLANS . Date was set for the Thank You Reception on January 29th , and plans were discussed and finalized . Cards will be sent inviting anyone on the lists of donators . Newspapers will be notified in advance for pictures and publicity by Rosanne Burgess . Betty Stephens said that she would be out of town, but would plan on helping with the Teen Volunteer Party. Discussion as to what to serve resulted in a decision to serve punch and cookies , brownies , etc . from Skaggs . DISCUSS TEEN VOLUNTEER APPRECIATION "PIZZA PARTY" IN WORKROOM ON JANUARY 19TH AT 2 : 00 P.M. Plans for the Teen Volunteer Pizza Party were presented and approved . There will be approximately 15 to 25 teens who will attend at 2 : 00 p.m. , after school final exams on Thursday. Newspaper publicity will be provided by contacting both papers for coverage. VIEW NEW COMPUTER PROGRAM FROM WINNEBAGO SOFTWARE COMPANY IN MINNESOTA. The new computer program for circulation and cataloging was viewed by Library Board members . REPORT AND DETAILS AND ACCOUNTING OF FUNDS RAISED BY DONATIONS FOR THE LIBRARY. There was a report submitted by the Library Director from James Johnson , Finance Director for the City, as to funds raised and the accounting of the monies held by the City for matching the Meadows Grant . Rita Smith will review the records and report if there are any problems. GENERAL DISCUSSION. General discussion of possible adult programming ideas was led by Robert Fultz. A C. P.A. or similar type speaker for tax information , and a Red Cross Babysitting Workshop/Clinic were some suggestions . Exhibits of local art or collections were also mentioned . The meeting night was discussed as possibly changing to Tuesday nights for the convenience of several members . A request will be made to City Council for approval . The Library Director is scheduled to make a report to City Council on January 10th. The meeting was adjourned at 8 : 00 p .m. Robert Fultz, Chairman Respectfully submitted, Rosanne Burgess , Library Director LIBRARY BOARD MEETING MINUTES FEBRUARY 21, 1989 The Library Board of the City of Wylie met in regular session on February 21 , 1989 at 6 : 30 p.m. in the workroom of the Rita and Truett Smith Library, 800 Thomas Street , Wylie, Texas . A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were members Cathie Upshaw, Rita Smith, Mary Jo Smith , Betty Stephens , Valerie Wiggins , and Library Director Rosanne Burgess . Chairman Robert Fultz and member Carol Barry were absent . DISCUSS THE MARCH READING PROGRAM. The March Egg-citing Adventures Reading Program was explained and the registration forms discussed . All children in the elementary schools will receive a form which they are to fill out , color the Easter egg , and return to the schools or library. They will receive a colored folder with a reading log and games and puzzles to complete. For each three books that are read , the child will fill out an "Egg" to be placed in a basket for drawings for prizes the day of the Spring fling party. Tuesday nights activities and the week of Spring Break will be the major plans . John Tobin of Twin Lakes Developers and Don Swanson, Wylie Sentinel publisher , will pay the costs of the program. Primary aims are to have children enjoy reading , find the Library and get a library card of their own . DISCUSS THE POSSIBILITY OF LETTERHEAD FOR THE LIBRARY. Several occasions have arisen when stationery for the library could be used , such as Thank You notes for memorial gifts or letterhead for mailings. Discussion about styles and costs resulted in tabling the issue until later in the year . Board members will look for possible designs and logos , to be budgeted next year . GENERAL DISCUSSION. Mention was made of the next NETLS meeting , postponed until March 3rd , and a lay representative was designated to attend . There will be a Swap and Shop format before the meeting with extra videos and large print books available for member libraries. The meeting will last from 9 : 00 a .m. until 1 : 00 p .m. Valerie Wiggins and Kay Daniel will attend a "Read to Me" workshop sponsored by the State Library, to be held in Ft . Worth on Thursday, February 23 . The training is part of the required hours of training required for Kay to renew her State Certification . Cathie Upshaw will work with the Director on another Reading Story-hour to be held in Wednesday at 10: 00 a .m. Plans for a Teen Corner and activities will be submitted to the Library Board for discussion and approval . The Library Board directed Rosanne Burgess to submit a draft of possible Library Policies and Procedures manual at the next meeting , March 21 , 1989 . The meeting was adjourned at 7 : 30 p.m. Robert Fultz , Chairman Respectfully submitted : Rosanne Burgess , Library Director 2 ZONING BOARD OF ADJUSTMENTS MEETING MINUTES MARCH 3, 1989 The Zoning Board of Adjustments met in regular session on Friday, March 3, 1989 , 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. Members present were Chairman Art Harris , Mike Miller , Sue Ellen Neal , Cleo Adams , and Gerald Clark. Staff members present were Code Enforcement Officer Roy Faires , and Secretary Candi White. G .W. Gooding was absent . Chairman Art Harris called the meeting to order . CONSIDER APPROVAL OF MINUTES FOR NOVEMBER 10TH AND 21ST, 1988 MEETINGS. There being no corrections to the minutes , a motion was made by Mr . Adams to approve the minutes as submitted. Mr . Clark seconded the motion . The motion carried with all in favor . CONSIDER APPROVAL OF REQUEST FOR VARIANCE ON SET BACK REQUIREMENTS FOR LOT 2 BLOCK 15 , NEWPORT HARBOR. IN ACCORDANCE WITH SUBDIVISION REGULATIONS, A 2 CAR GARAGE SHOULD BE ADDED AS THE EXISTING GARAGE WAS CONVERTED INTO AN OFFICE/DEN. THE ADDITION OF THE NEW GARAGE WILL ENCROACH INTO THE REQUIRED SET BACK LINE. BUYER OF HOME WANTS TO LEAVE CONVERSION AND ADD A TWO CAR GARAGE TO MEET THE SUBDIVISION ORDINANCE BECAUSE OF EXISTING HOME LAYOUT . (LOCATED AT 1524 SCHOONER BAY DRIVE, ADJACENT TO FM 1378) . Code Enforcement Officer, Roy Faires explained that when the home at 1524 Schooner Bay Drive was being constructed , the plans showed a 2 car attached garage. He said that some other builders in town had lost control of four model homes , in which the garages had been converted into offices . Mr . Faires said that because of that reason, he had made the decision that converting garages would not be permitted . He also said that Mr . Baron Cook had guaranteed him that before his house sold, the garage would be converted back. Mr . Faires said that Mr . Cook' s guarantee was the only reason he was permitted to convert the garage, and that at the time the conversation took place, Mr . Faires was thoroughly convinced that the garage would be converted back. Mr . Cook explained to the Board that the house at 1524 Schooner Bay Dr . was his model home, and the garage had been converted for use as a sales office . He said the house was 1420 square feet , but with the garage conversion it was 1900 square feet . Mr . Cook said he had a couple who wished to purchase the house, and the main reason they wanted it was for the garage conversion . Mr . Cook explained that he had made a mistake during construction and moved the house back 2 approximately five feet in order to have a larger front yard. He said that due to that fact , he was encroaching into the alley set back, and that the side yard set back was off two foot due to a six foot sliding door in the house. Mr . Cook said that he simply ran out of room on the lot . Chairman Harris asked if the couple had purchased the house. Mr . Cook said they were living in the house on a lease purchase arrangement , but the house had not yet been put in their name. Chairman Harris asked if any of Mr . Cook' s other houses had garage conversions . Mr . Cook said that no other houses did , that this only did as it was being used for an office . Chairman Harris asked why there was no driveway at the house. Mr . Cook explained that he was able to save on the expense when he built the house, it made the backyard look larger , and also for security reasons , as it kept people from coming up on the back of the house. He also said that he had not built a driveway on any of his three models . Chairman Harris asked how many homes Mr . Cook had built in Newport Harbor . Mr . Cook said he had about ten going . Chairman Harris also asked Mr . Cook if he hadn' t been before the Board before . Mr . Cook said he had , when he was building a house on an odd shaped corner lot . Code Enforcement Officer , Roy Faires agreed that the prior request was for a home on an odd shaped lot and was a good application . Mr . Faires asked if Mr . Cook remembered assuring him that he wouldn ' t let someone move in without converting the garage back. Mr . Cook said he remembered assuring Mr . Faires that he wouldn ' t walk off and leave the home with the conversion . Mr . Faires told the Board that garage conversions have never been allowed by Planning and Zoning or the City Council for builders or homeowners, and reminded them that they were supposed to find something unique about the lot that would cause a hardship before granting a variance. Mr . Cook explained that the only hardship would be on the people moving in the house. He said that he could build a very small garage that would fit on the lot , but he really would prefer to build a larger garage . Ms . Neal asked if the house was on a standard lot , and if Mr . Cook had any other lots . Mr . Cook said it was a standard lot and that he did have other lots . Ms . Neal asked him why he didn ' t build the same house with the garage conversion on another lot where a standard garage would also fit , and sell them that one . Mr . Cook explained that the buyer ' s couldn ' t afford it . Ms. Neal said she felt that Mr . Cook was using the Board to sell a house and that is not what the Board was for . She felt that his reasons were invalid . Mr . Clark asked if the subdivision ordinance required a two car garage. Mr . Faires said the zoning ordinance required one, and that when he allowed Mr . Cook to convert the garage, there was no question in his mind that the room would be converted back to a garage. Mr . Faires added that a garage conversion would never be allowed in Wylie again, that offices will be in the garage as a garage, or in a bedroom. Mr . Harris clarified with Mr . Cook that he was asking for a variance of five feet on the rear and four feet on the side. Ms . Neal made a motion to deny approval of the variance. The motion was seconded by Mr . Adams . The motion carried with all in favor . GENERAL DISCUSSION. Ms . Neal said she felt the Board needed to discuss Mr . Cook not coming before the Board for any more variances , as she felt it was becoming too convenient for him. Mr . Faires said that Mr . Cook had been issued a temporary certificate of occupancy that could be withdrawn at any time . He also said that other arrangements would have to be made for the couple living in the house and that time would be limited to do so . Art Harris , Chairman Respectfully Submitted, Candi White, Secretary MEMORANDUM TO: MAYOR AND CITY COUNCIL FROM: CAROLYN JONES, CITY SECRETARY RE: ELECTION JUDGES DATE: MARCH 10, 1989 After reviewing the slips received from those persons who are willing to work as Election Judge for the May 6 , 1989 election , I have compiled the following list as a recommendation. Each person has either submitted their application , or been contacted by a staff member . JUDGE - Precinct 25 Gilbert Welch ALT . JUDGE - Precinct 25 Lynn White JUDGE - Precincts 27 , 56 , 83 Mary Lou Spingola ALT. JUDGE - Precincts 27 , 56 , 83 Barton R. Peddicord The following list of names were also turned in and have been designated as Election Clerks : CLERKS - Precinct 25 CLERKS - Precincts 27 , 56 , 83 Gloria Gohn Agnus Dempsey Rene' Shelton Esther Davis Terrell Jones Helena Isbell Sue Carilise After Tuesday' s meeting, I will notify everyone of their appointment . CITY OF WYLIE PUBLIC WORKS DIVISION MEMORANDUM DATE : MARCH 1 , 1989 TO : CAROLYN JONES - CITY SECRETARY FROM: DON WHITE - PUBLIC WORKS SUPERINTENDENT RE: REQUEST FOR APPRECIATION PLAQUES I would like to request that you have two appreciation plaques made for the following : Richard Parker - Richard Parker Realty. donated an unwanted tree that was transplanted to the Community Park area. Steve Houser - Arborilogical Services, donated his services to transplant a tree from 900 W. Kirby to the Community Park area. I would like to have the plaques presented to the aforementioned people at the March 14th City Council meeting. I will write letters to both individuals requesting their presence at the meeting. If any further information is needed please contact me. DWilk xc: John Akin, Acting City Manager *. • ie CITY OF NAYLIE 108 S.JACKSON ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 March 1 . 1989 TO: Steve Houser Arborilogical Services 16 Steel Road Wylie. Texas 75098 RE: Letter of Appreciation Dear Mr. Houser . In behalf of the City of Wylie I would like to thank you for transplanting a tree from 900 W. Kirby to the Community Park area. The donation of your services is greatly appreciated. Thank you, Don White Public Works Superintendent DW/ lk xc: John Akin, Acting City Manager Carolyn Jones, City Secretary 27 re CITY OF VVYLIE 108 S.JACKSON ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 March 1, 1989 TO: Steve Houser Arborilogical Services 16 Steel Road Wylie, Texas 75098 RE: Recognition Presentation Dear Mr. Houser, Your presence is requested at the City Council meeting scheduled for March 14th, 1989 so that we may present to you an appreciation plaque for your donation of tree transplant services. The meeting will he held in the Council Chambers at the Municipal Complex , 2000 Highway 78 North at 7:00 P. M. Please notify me if you are unable to attend. Sincerely, t(A_LL.7 /6 Don White Public Works Superintendent DW/ 1k xc: Carolyn Jones, City Secretary 110911; CITY OP' VAT Y L,IE 108 S.JACKSON ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 March 8, 1989 TO : Ron Pilkington 309 Dogwood Drive Wylie. Texas 75098 RE: Recognition Presentation Dear Mr . Pilkington. Your presence is requested at the City Council meeting scheduled for March 14th. 1989 so that we may present to you an appreciation plaque for your donation of a tree at 900 W.Kirby. { The meeting will be held in the Council Chambers at the Municipal Complex . 2000 Highway 78 North at 7: 00 P. M. Please contact me at 442-7588 if you are unable to attend . S ' rrcerely. Don White Public Works Superintendent DW/ lk xc: Carolyn Jones, City Secretary 2 47 CITY OF WYLIE PUBLIC WORKS DIVISION MEMORANDUM DATE: MARCH 6. 1989 TO : CAROLYN JONES - CITY SECRETARY FROM: DON WHITE - PUBLIC WORKS SUPERINTENDENT RE: ITEM FOR COUNCIL AGENDA The Park and Recreation Board has made a recommendation for City Council to approve a WSA fund raiser carnival at Commmunity Park on Saturday, April 22, 1989 from 11 :00 A. M. to 6 :00 P. M. Ovita Vardell , WSA Board Member, will be present at the March 14th Council meeting to answer any questions Council may have. The Park Board made their recommendation with the stipulation that WSA provide sufficient liability insurance to cover the event. Please place this item on the March 14th City Council Agenda. If any further information is needed please contact me. DW/ Ik SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD ALFRED SALLINGER (Formerly Saner, Jack, Sallinger& Nichols) JOHN PIERCE GRIFFIN LAWRENCE W.JACKSON Attorneys & Counselors at Law DAVID M BERMAN TIM KIRK 1800 Lincoln Plaza JOHN F ROEHM III ROBERT L.DILLARD III 500 N. Akard BRUCE A STOCK ARD ROBERT D.HEMPHILL M.LEWIS KINARD ROBERT E.HAGER Dallas, Texas 75201 PETER G.SMITH (214) 954-3333 ROBERT L.DILLARD,JR. Facsimile (214) 954-3334 H LOUIS NICHOLS OF COUNSEL February 24, 1989 Mr. James Johnson t7E1-3;—: 0989 Director of Finance `City of Wyliel�P. O. Box 428 Wylie, Texas 75098 Dear James: Enclosed please find the original and two copies of an ordinance I have prepared which will provide for the disposition of abandoned, stolen, or lost property recovered by the police or other departments of the city from time to time. The idea of the receipts required is that the Chief of Police, the City Secretary, and the City Treasurer can maintain accountability for what is recovered, what is auctioned, what is thrown away, and where the proceeds go. Please let me know if you have any questions about this ordinance or require any change or correction in its form. Very truly yours, SALLINGER, NICHOLS, JACKSON, K dt DILLARD , }� ,• 1. Robert L. Dillard III RLD/sb Enclosures When Signed and Fitly Executed, Return This Copy To: RCN:I F L DI!LARD, III N -' AT LAW L` C3Li,1 PLAZA DALLAS, TEXAS 75201 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR THE IMPOUNDMENT OF ABANDONED PROPERTY; PROVIDING AUTHORITY TO SELL ABANDONED PROPERTY AT PUBLIC AUCTION; PROVIDING FOR NOTICE; PROVIDING FOR THE DISPOSITION OF PROCEEDS; PROVIDING FOR THE DISPOSAL OF WORTHLESS PROPERTY; PROVIDING EXCEPTIONS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL CF THE CITY OF WYLIE, TEXAS: SECTION 1. Any personal property or obstruction, except a motor vehicle, placed, left standing, parked, erected, or laying in violation of any ordinance of the City or left unattended in or on any public street, alley, sidewalk, park, or other public place of the City, is hereby declared to be a nuisance, and any such property when so found, may be summarily removed by any police officer or other officer or employee of the City and taken to the City Hall or any other appropriate impoundment area as directed by the City Manager and shall be kept there until redeemed or sold in accordance with the provisions of this ordinance. SECTION 2. All abandoned, stolen, or recovered personal property of every kind, except motor vehicles, which shall remain unclaimed from the Police Department or other 3epartment of the City having custody thereof for a period of twenty (20) days without .3eing claimed by the owner, whether such owner is known or not, may be sold and disposed of at public auction in accordance with the provisions of this ordinance. SECTION 3. The Chief of Police shall give :o the City Secretary a list of all property subject to sale under the provisions hereof and shall thereafter deliver such property to the City Secretary before the date of sale, along with a receipt to be signed by the City Secretary showing in detail all property so delivered. Both the Chief of Pc: 2e .d the City Secretary shall retain a true copy of such receipt to maintain accountability of such property, and all property not sold at public auction as provided herein shall be thereafter disposed of as provided by this ordinance. SECTION 4. Fifteen (15) days prior to a sale under this article, a notice containing the time and place of sale and a general descriptive list of the property to be offered for sale shall be posted in the City Hall in the same place as agendas of public meetings are posted, together with one other public place in the City of Wylie. In addition, such notice shall be published one time in the official newspaper of the City not less than fifteen (15) days prior to such sale. A copy of such notice shall be sent by certified mail to the last known address of the owner, if the name of the owner is known to the City Secretary. SECTION 5. All property subject to sale under this ordinance shall be offered for sale at the public auction for which notice is given in accordance with Section 4 above, and such property shall be sold to the highest bidder at such auction. Such auction shall be conducted by the City Secretary or his designee at the place and hour designated in the notice given pursuant hereto, and all sales shall be for cash. SECTION o. The City Secretary shall keep an accurate record of each article sold under this ordinance and the price bid and paid therefor, and shall make a complete report in writing to the City Treasurer of the time, place, and manner of conducing the sale. Such record shall also be furnished to Chief of Police. Any property whic.. has been listed and offered for sale for which no price or sum has been offered or paid, if deemed by the City Secretary to be worthless and without value, shall be disposed of by placement in an appropriate trash recepticle belonging to the City. All items indicated on the receipt held by the City Secretary and the Chief of Police shall be disposed of either by sale or by discarding as provided in this section. SECTION 7. All funds received on account of a sale conducted pursuant to this ordinance shall be deliverec to the City Treasurer, who shall give his receipt therefor. The Treasurer shall place all funds so received to the credit of the general fund of the City. SECTION 8. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall 3 3 not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 9. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by t::e City Council of the City of Wylie, Texas, on the day of , 1989. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: Cs CITY ATTORNEY RESOLUTION NO. A RESOLUTION FOR THE CITY OF WYLIE, COLLIN COUNTY, TEXAS ESTABLISHING A WYLIE HISTORICAL AND PRESERVATION COMMISSION. WHEREAS: For the past several years there has been a deep concern of the few remaining senior adults that the City of Wylie historical past has not been adequately recorded or documented for the future generations and that they feel obligated to make the future generations of our City and area aware of its glorious and historical past ; WHEREAS: This City was founded in 1886 and incorporated in 1887 with one of the first , if not the first toll road and toll bridge in the State of Texas being located two miles southeast of Wylie, furthermore, in the 1930 ' s this City was recognized as one of the Onion Capitals of the world; WHEREAS: Citizens realize the importance of maintaining a system for the survey and inventory of historic properties and information about the city and for the adequate public participation in the historic preservation process including the process of recommending properties to the National Register of Historic Places , and/or the Texas Historical Commission; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS SECTION 1: The City Council of the City of Wylie gives the Authority of this Commission to recommend to the City Council the enforcement of State and/or Local legislation for the designation and protection of historical properties , provide for public participation in its activities and perform other agreed upon functions delegated to it ' s State Preservation office also with Council approval create other historical committees as they deem necessary; SECTION 2 :This Commission will consist of 5 local citizens who will serve for a two year term, effective from the 2nd Tuesday in March beginning in 1989 . The Council will , by majority vote appoint a person to fill vacancies on the Commission for completion of term. This Commission will be subject to the provisions of Article VIII (Boards and Commission) and other articles of the City Charter . This Commission will elect their own officers consisting of Chairman , Vice Chairman , and Secretary/Treasurer . The Secretary of the Commission will submit minute summaries of meetings held to the City Secretary of the City of Wylie . If and when other commissions or committees are formed, it will be necesary to obtain Council approval . SECTION 3 :The City Council shall also appoint by majority vote, up to three (3) Ex-officio Advisory Members to the Commission who shall serve two (2) year terms beginning in March 1989 . These Advisory Members shall be non-voting and shall assist the Commission in compilation of historical data about the City, additionally, these members shall assist in the documentation of historical sites and preservation of historical landmarks in the city and other duties that may aid the Commission in the performance of its activities . DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS THE DAY OF , 1988 . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary ORDINANCE NO. AN ORDINANCE FOR THE CITY OF WYLIE, TEXAS ESTABLISHING THE RE-NAMING OF TWO STREETS WITHIN THE CITY LIMITS OF WYLIE AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, The City Council of the City of Wylie has determined a need to re-name East Gaston Drive and North Gaston Drive which is located in the Pointe North Addition; and, WHEREAS, The City Council has found much confusion with getting mail and other deliveries and directions for these two streets and find the re-naming necessary; and, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 That Five Hundred (500) East Gaston through Five- twenty East Gaston Drive be re-named to Marshall Drive. SECTION 2 That Four Hundred (400) North Gaston through Five- fifteen (515) North Gaston Drive be re-named to Hamptom Drive. SECTION 3 This Ordinance shall become effective on April 15, 1989 provided that publication of the caption has been in the Wylie News and that residents will have until May 15, 1989 to complete all address changes. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS ON THIS THE 14TH DAY OF MARCH, 1989 . 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