05-11-1993 (City Council) Minutes MINUTES OF THE WYLIE CITY COUNCIL
May 11 , 1993
CALL TO ORDER
Mayor John W. Akin called the meeting to order with the following
5 Councilmembers present: Jim Swartz, Reta Allen, John Mondy, Steve Wright, Ortie
Messenger, and Bud Naish.
OATHS OF OFFICE
10 Oaths of Office were administered to newly elected and/or re-elected
Councilmembers Ortie Messenger, Jim Swartz, and John Mondy.
ELECTION OF MAYOR PRO-TEM
15 Wright made a motion to nominate Jim Swartz as Mayor Pro-Tern. Naish
seconded the motion. The motion was voted on and passed with all in favor except
Swartz who abstained from voting.
CONSENT AGENDA
•
(1) Minutes of March 9, March 23, April 13, and April 20, 1993
(2) Ordinance 93-23 Adopting 1991 Uniform Mechanical Code
25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 6.01 CHAPTER 3
OF THE WYLIE CITY CODE BY ADOPTING THE 1991 EDITION OF THE UNIFORM
MECHANICAL CODE; REGULATING THE INSTALLATION AND MAINTENANCE OF
HEATING, VENTILATING, COOLING AND REFRIGERATION SYSTEMS; PROVIDING FOR
THE ISSUANCE OF PERMITS AND THE COLLECTION OF FEES THEREFORE;
30 PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF; REPEALING ORDINANCE
NO. 88-32 AND ALL OTHER CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
(3) Ordinance 93-24 Adopting 1991 Uniform Housing Code
35
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 7.01 AND 7.02
OF CHAPTER 3 OF THE WYLIE CITY CODE BY ADOPTING THE 1991 EDITION OF THE
UNIFORM HOUSING CODE; REGULATING ALL BUILDINGS AND STRUCTURES,
DESIGNED OR INTENDED TO BE USED FOR HUMAN HABITATION; PROVIDING FOR
40 PENALTIES FOR THE VIOLATION THEREOF; REPEALING ORDINANCE NO. 88-29 AND
ALL OTHER CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
(4) Ordinance 93-25 Adopting 1991 Uniform Code for Abatement of
t5 Dangerous Buildings
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 3 OF CHAPTER
3 OF THE WYLIE CITY CODE BY ADOPTING THE 1991 EDITION OF THE UNIFORM an%
CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS; REGULATING BUILDINGS
50 AND STRUCTURES WHICH MAY ENDANGER THE LIFE, LIMB, HEALTH, MORALS,
PROPERTY, SAFETY OR WELFARE OF THE GENERAL PUBLIC OR THEIR OCCUPANTS;
PROVIDING FOR PROCEDURES FOR THE REMEDY AND ABATEMENT OF UNSAFE
CONDITIONS; PROVIDING FOR PENALTIES FOR THE VIOLATION THEREOF; REPEALING
ORDINANCE NO. 88-28 AND ALL OTHER CONFLICTING ORDINANCES; CONTAINING A
55 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
Mayor Akin read ordinance captions for items 2-4. Messenger made a motion to
approve the ordinances. Allen seconded the motion. The motion was voted on and
passed unanimously.
60
AWARD OF PROPOSAL FOR COLLECTION OF SOLID WASTE AND FOR
CURBSIDE RECYCLING
City Manager Steve Norwood explained that while the City was not required to
65 bid the garbage contract, the staff had received unsolicited proposals in addition to a
continuation of service proposal from BFI. As Browning Ferris, Inc. had held the
previous year's contract and in the absence of quality of service complaints, Norwood
recommended Council approve proposal B option 1 as submitted by BFI and
itemized below:
70
AIN
PROPOSAL BY BROWNING-FERRIS INC.
75 Current Rate BFI Rate City
Rate (1)
$7.43 $10.55
Proposal A:
80
Residential Garbage Collection 2x per week $7.76 $9.31
Proposal B:
85 1. Residential Garbage 1 x per week
Residential Recycling 1 x per week (bags) $8.05 $9.60
or with
Residential Recycling 1x per week (plastic bins $8.30 $9.85
90 2. Residential Garbage 2x per week
Residential Recycling 1 x per week (bags) $9.06
$10.61* •••.�
2
or with
Residential Recycling 1x per week (plastic bins) $9.31 $10.86
1Fi
3. Residential Garbage 1 x per week with polycart $9.55 $11.10
Residential Recycling 1 x per week
(5 year contract)
100 Notes:
1. The City rates include $1.55 per month for debt service on landfill closure.
2. All commercial and industrial rates remain the same to the customer.
3. All proposals wit recycling assume Wednesday collection in plastic bags of a
105 color chosen by the City.
4. BFI will spend up to $3,000 per year for promotional and educational costs
toward curbside recycling.
5. Plastic bins for recycling costs an additional $.025 per month
110
Hugh Reznich, with Community Waste Disposal, addressed the Council and
stated that his proposal submitted on March 3, 1993 provided for more benefits at a
lower cost than BFI's proposals.
115
Paul Socket, representing Laidlaw, urged Council to investigate other waste
management companies and open up the bidding opportunity for other recycling
programs. He listed landfills used by Laidlaw and outlined the "Reduce, Re-use,
Recycle" program Laidlaw used to educate children.
120
Naish made a motion to award the contract to BFI using Proposal B with bins and
the Mayor called for additional discussion.
Randi Smith, representing BFI, discussed their curriculum for educating fourth,
125 fifth, and sixth grade students about recycling. She explained that BFI would require
three weeks to begin the recycling program once a contract was approved and
confirmed for Councilman Messenger that the proposed contract was for a two year
term.
130 "Lucky" Duvall, representing Waste Management, stated that when the City of
Murphy took proposals, BFI's proposal was ten percent less commercially than the
City of Wylie. He explained that Waste Management also provided an educational
program for children including a robot made of recyclable material. He urged
Council to consider additional proposals.
135
After further discussion, Wright seconded the motion on the floor and Messenger
noted that the City Manageh had re-negotiated the BFI contract in good faith at the
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Council's instruction as opposed to request proposals. The motion was voted on and
passed with all in favor except Mondy who was opposed.
140
PUBLIC HEARING ON ZONE CHANGE REQUEST FROM HAROLD HURST ON A
6.48 ACRE TRACT OF LAND LOCATED OFF FM-1378 SOUTH OF PARKER ROAD
ADJACENT TO THE ST. PAUL CITY LIMITS
145 Mayor Akin read the caption of an ordinance that, if approved, would change the
zoning from multifamily to agricultural zoning and then opened the public hearing.
Richard Hawkins, 3400 Lakeway Drive, stated his opposition to the change in zoning
as the applicant proposed to conduct an industrial business on this property adjacent
to his residential property.
150
Harold Hurst explained that he needed a location where he could establish a
general contracting firm adjacent to his residence. The 2400 square foot commercial
building would also include a gravel yard for storage of equipment. As there was no
one else wishing to address this issue, the public hearing was closed.
155
City Attorney Steve Deiter explained that the use proposed by the applicant was
not permitted in Agricultural zoning and accessory buildings must be incidental to a
farm activity allow in Agricultural zoning. Council confirmed that the Planning and
Zoning Commission had recommended approval of the change in zoning. sift
160
Wright made a motion to table action on the request allowing time for staff to
research the legality of the use proposed in Agricultural zoning. Swartz seconded the
motion. The motion was voted on and passed unanimously.
165 DISANNEXATION REQUEST FROM LINDA BAIR
Mayor Akin read the caption of an ordinance that, if approved, would disannex a
tract of land located on SH-78. Norwood expressed concern regarding the provision
of right-of-way on for future road improvements and how the property would be
170 affected by the development of the comprehensive plan. Naish made a motion to
approve the ordinance disannexing the property. Allen seconded the motion.
Council discussed the location of the property and negotiated with the property
owner for the dedication of an estimated twenty feet of right-of-way prior to
175 disannexation. Bair objected to the requested dedication and contended that only the
frontage of the property could be developed as the back portion fell in flood plain.
She stated that twenty feet would inhibit her ability to develop the property.
Naish withdrew the motion to approve the ordinance and Allen concurred that the
180 motion should be withdrawn. Naish then made a motion to table the request and to -m*
instruct the City Attorney to negotiate an agreement with Bair regarding the provision
4
of right-of-way. Wright seconded the motion. The motion was voted on and passed
unanimously.
)5 DISANNEXATION REQUEST FROM DAVID DAVIS
Norwood explained that the ten acre tract located off Vinson Road across from
Lake Ray Hubbard Mobile Home Park was located in three counties: Collin, Dallas
and Rockwall Counties. He also expressed the same concern for the upcoming
190 comprehensive plan that the previous annexation request had prompted. City
Attorney Steve Deiter explained that while the applicant was requesting disannexation
based on failure to provide service, the annexation could not be forced as the
applicants did not reside on the property.
195 David Davis complained that no city services were available to the property
although taxes were paid on it. Norwood explained that the property was 1600 feet
from a sewer line and service would require a force mein. Davis stated that he didn't
want to incur the cost of extending sewer service to the property. Norwood noted
that the property was in a water district exclusive of the City of Wylie and that all other
200 services available to Wylie residents were available to the property.
After Council discussion, Messenger made a motion to deny the disannexation
request. Naish seconded the motion. The motion was voted on and passed
unanimously.
►5
CONTRACT WITH U.S. ARMY CORP OF ENGINEERS FOR LAKE PATROL
Norwood explained that the contract contained the same provisions as the
previous year except that costs had increased due to a salary market adjustment and
210 three percent merit increase for police officers for a total contract amount of
$33,840.61.. He noted that the lake patrol would (as in the past) be made up of
police officers working overtime and would not affect regular patrol scheduling.
Swartz made a motion to approve the contract. Messenger seconded the motion.
215 The motion was voted on and passed unanimously.
RESOLUTION NO. 93-8 AUTHORIZING TRANSFER OF PROPERTY WITH NORTH
TEXAS MUNICIPAL WATER DISTRICT
220 Norvrvood explained that the resolution provided for the transfer of approximately
4.5 acres of property from NTMWD to the City of Wylie for munihripal use in exchange
for the realignment of Springcreek Parkway with Skyview instead of dbg Drop Lane
and the dbandonment of right-of-way along Dog Drop Lane.
225 Naish made a motion to approve the resolution. Swartz seconded the motion. am
The motion was voted on and passed unanimously.
RELEASE OF $2500 RETAINAGE TO JESKE CONSTRUCTION FOR RUSTIC
OAKS DRAINAGE DITCH IMPROVEMENTS
230
Norwood explained that the contract with Jeske provided that bermuda must be
established and that payment had been withheld until spring. He stated that the root
system appeared to have been established, the grass had not come in. Council
discussed the contract terms with the City Attorney to determine if payment was
235 required without the firm establishment of bermuda coverage. Swartz made a motion
to table the payment release pending contract review by the City Attorney. Allen
seconded the motion. The motion was voted on and passed unanimously.
PAYMENT NO. 2 IN THE AMOUNT OF $23,564 FOR CURB AND GUTTER
240 IMPROVEMENTS ON BIRMINGHAM, OAK, AND JACKSON STREETS
Messenger made a motion to approve the payment. Wright seconded the
motion. The motion was voted on and passed unanimously.
245 NAMING OF FUTURE CITY PARK - MOLD CITY PARK"
Council discussed several options for the naming of the future park on Ballard
Street. Naish suggested "Ballard Park". Allen made a motion to name the park "Old
City Park". Swartz seconded the motion. The motion was voted on and passed with
250 all in favor except Naish who was opposed.
STAFF REPORTS
Norwood reviewed for Council the City's activities related to a tornado that
255 damaged 193 homes and over 30 businesses on Sunday, May 9th.
EXECUTIVE SESSION
Council adjourned into Executive Session at 9:20 p.m. under Article 6252-17
260 V.A.C..S. to discuss Litigation: Southfork Mobile Home Park Agreement. Upon
reconvening into regular session at 10:30 p.m., no official action was taken.
265
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- ADJOURNMENT
10
As there was no further business to come before the Council for consideration,
the meeting adjourned.
275 or John W. Akin
Q.Gf L 4_1(2J
City Secr o tary a Nichols
7