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10-28-1997 (City Council) Minutes Minutes of the Wylie City Council Meeting October 28, 1997 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order, October 28, 1997 at 7:00 p.m. with the following Councilmembers present: John Mondy, Wanda Sparks, Cleo Adams, Joel Scott, and Reta Allen. J. C. Worley was absent. Staff members present were: Mike Collins, City Manager, Mindy Manson, Assistant to the City Manager, Susan Shuler, City Secretary, Brady Snellgrove, Finance Director, Jack Jones, Supt. of Public Works, Mike Phillips, Building Official, and Greg MacLean, Consulting Engineer with the Hogan Corporation. ACTION ITEMS Approval of Minutes from the October 14 Council Meeting With no corrections, Mondy made the motion to approve the October 14 minutes. Allen seconded the motion. The motion was voted on and passed unanimously. Approval of a Resolution to Formally Initiate Action for a Public Hearing for the Annexation of the North Half of McMillen Road MacLean stated that the purpose of the annexation is to assume maintenance and gain control of the road from the County. He said the southern half of McMillen Road is already within the city limits. He also stated that prior to the beginning of the construction of the installation of the new water main, it was believed that the North half of McMillen Road where the water main would be crossing was also under City maintenance. He said this was based on the alignment and installation procedures used for the construction of the Muddy Creek Interceptor Sewer Line constructed in 1990, and the new water main is within the same utility easement as the existing sewer main. MacLean said that construction begin and the line was installed according to City specifications. After the lines were installed across the road, the County informed the City that the portion of McMillen where the water line crossings occurred was under the County's maintenance and that this was not an acceptable method. He said that in order to remedy the situation, City Staff and the Engineer met with Collin County and were presented with options of either taking over maintenance of the road through the annexation of the North half of re-installing the lines with appropriate steel casing pipe per Collin County requirements. The costs to bore under the road, or to remove and re-install the water main would be approximately $30,000 additional to the project. Minutes of the Wylie City Council, October 28, 1997, Page 1 Mondy voiced concern about taking over the road with the bridge and asked what would happen if the city did not annex the road. Mayor Swartz stated that he will contact Judge Ron Harris and talk to him about the issue. Sparks made the motion to table the item. Mondy seconded the motion. The motion was voted on and passed unanimously. Approval of Issuing a Change Order No. 1 for XIT Paving & Construction Co. For the Construction of a New 12 Inch Water Main Along McMillen Road MacLean gave an overview of the project. He stated that the design work for the new 12"water main was completed after review of the As-Built drawings of the existing 8-inch water main in McMillen Road. He said the developer, who installed the 8" line in March of 1994, evidently did not pay for nor install what would normally be required. He stated that the line was installed at a time when the City did not have adequate inspection capabilities. MacLean also stated that there were no above ground facilities such as fire hydrants, valves, etc. that would visually indicate the end of the water line. He said the improper installation was discovered in September during construction and the line had to be extended 360 linear feet. He stated that because of this error the As-Built location and configuration of the existing 8"water main, an additional 8" gate valve was needed as well as additional concrete encasement and trench safety quantity was extended. He said this change order would be for a total of $15,175. Mondy asked how we could keep this from happening again? MacLean stated that the city has a strong construction program now so that this does not happen again. Scott made the motion to approve the change order no. 1 in the amount of $15,175. Adams seconded the motion. The motion was voted on and passed unanimously. Approval of a BFI Rate Increase and Adoption of an Ordinance Establishing the New Rates for Residential and Commercial Solid Waste Collection Randi Smith with BFI gave an overview of the rate comparisons for Wylie, Celina, Murphy, Farmersville, Frisco and Sachse. She also gave a landfill comparisons. She stated that in Wylie there were 16,739 service opportunities and that the average amount of waste picked up is 39 tons per month. She said added costs such as engineering fees, permitting fees, subtitle D regulations, development of cells, drainage, wells, gas probes, etc. were taken into consideration for the rate increase. She also added that because there is not enough waste being dumped into the Garland Landfill, there is no leverage to bargain for a reduced landfill fee. Adams stated he was concerned about the consistent missing of trash customers. He said the trash truck passed his house and he had to move his bin across the street for it to be picked up. Minutes of the Wylie City Council, October 28, 1997, Page 2 Mondy made the motion to approve the BFI rate increase. Scott seconded the motion. The motion was voted on and passed with Adams voting no. ORDINANCE NO. 97-22 OF THE CITY OF WYLIE, TEXAS, ESTABLISHING FEES FOR THE RESIDENTIAL AND NON-RESIDENTIAL COLLECTION OF GARBAGE, TRASH, BRUSH AND RECYCLABLE MATERIALS; AMENDING SECTION 9 OF APPENDIX A TO THE WYLIE CITY CODE; AMENDING PORTIONS OF ORDINANCE 95-25 AND FURTHER REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE Approval of a Boundary Agreement with the Cities of Wylie and Sachse Collins stated that the trade of land with Sachse was for the Woodbridge Development. He also stated that the issue of a boundary exchange was discussed formally with Council during a January 1997 work session. He stated that the trade would allow the golf course to be located solely within the City of Wylie. He said that in Section Four of the Boundary Agreement the City of Sachse and Wylie agree that in the event the golf course ceases to be a private course and becomes an operation of one or both of the City of Sachse or City of Wylie then both cities shall establish equal use of the facilities. He said this would include but not limited to membership fees, golf playing fees, golf cart fees and other items of expense incurred in the playing golf or holding membership in an associated club. Mondy asked if Mr. Herzog, with Woodbridge Development and Dr. Fuller, with the School District had discussed land for a possible school. Collins stated that he thought the two had talked about the issue. Scott made the motion to approve the Boundary Agreement with the City of Sachse. Adams seconded the motion. The motion was voted on and passed unanimously. Approval of an Ordinance for the Annexation of Lots 6,7, & 8 of the Wylie Ranch East Commercial Park With no discussion, Scott made the motion to approve the ordinance for the annexation of lots 6, 7 & 8 of the Wylie Ranch East Commercial Park. Sparks seconded the motion. The motion was voted on and passed unanimously. ORDINANCE NO. 97-23 ANNEXING LOTS 6, 7 AND 8 OF THE WYLIE RANCH EAST COMMERCIAL PARK, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 91-24, CHAPTER 12, EXHIBIT "a" OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF Approval of a Preliminary Plat Submitted by Charles Lester for a 7.342 Acre, 17 Lot Residential Development Designated as Heatherwood Estates Minutes of the Wylie City Council, October 28, 1997, Page 3 Phillips stated that this submittal by the developer would be the finishing of the Quail Hollow Subdivision. He said the property is located northwest of the intersection of Heatherwood Drive and lanwood Drive just North of the Mill Creek Estates and is zoned SF-2. He said the subdivision will consist of 17 1/3 acre and % acre lots, with Foxwood lane extending from the existing Quail Hollow subdivision to lanwood Drive. He said that staff members have consulted with the WISD and determined that the extension of Foxwood lane would improve traffic circulation for Akin Elementary which is located directly West of the project. Mondy asked if the road could be widened near the school. Mayor Swartz suggested that a worksession with the school board be held to work out some problems such as traffic congestion, school crossing guards, etc. Collins stated that he would check into having a meeting. Adams made the motion to approve the Preliminary Plat. Scott seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS Mondy asked Maclean to look at McCreary Road where the trucks were parked from the County Road to the approach. He also asked if they were going to re-sod the area. Maclean stated that broadcast seed was to be applied to the area. Mondy asked if the ground was suppose to be higher than the curb. Maclean stated that the ground is suppose to be higher so that water run-off can drain to the street. Maclean stated that a pre-construction meeting was held and that construction should begin shortly at the intersection of FM 544 and 1378. Mondy asked for an up date on the hospital. Linda Hamar from Presbyterian Hospital stated that the corporate headquarters for Tenet was currently looking over the paperwork for the hospital. Snellgrove stated that the city will be reimbursed for some of the design cost for the intersection at FM 544 and FM 1378. He also said in light of the recent stock market crash, all of our investments were secure. Sam Satterwhite, with the Wylie Economic Development Corporation, stated that the primary goal of the WEDC was to work with and maintain a project inventory list. He presented the list to Council. Maclean stated that the cracks in the parking lot of Community Park are being addressed and that the project is still under warranty. Manson stated she has been unsuccessful in contacting the contractor for the Peddicord Community Center, but she will continue to try to reach him. Minutes of the Wylie City Council, October 28, 1997, Page 4 CITIZEN PARTICIPATION Ruth Sutphin, 401 Valentine - She stated that the property located on Valentine was eroding into the ditch. She said that it has become a horrible problem and that they are endanger of losing their fences as well as their property. She was concerned about exposed gas lines and sewer lines. Mayor Swartz asked Collins to look into this immediately. Nicki Allen, Rush Creek - She stated that she has noticed that there were almost 5 wrecks that occurred when trucks were coming in and out around Akin Elementary. She thinks that this is a very dangerous area. She would like Heatherwood to be a no parking street. She also asked if the Council decided about changing from home rule to general law city? Mayor stated he was waiting to hear from the attorney. She said she has talked with the City Manager in Austel, Georgia about the railroad situation in their community. She said that copies of the letter that was sent to Congress and a letter that was given at the Public Hearing in Ft. Worth were available to Council. B. J. Swaner, Tanglewood Circle - She said she would still like to request that a meeting be set up with Mike Phillips and Mindy Manson to discuss the zoning changes. She asked about the lot sizes and minimum dwelling sizes for the Woodbridge Development. Manson stated that the development standards that Herzog provided were addressed in the planned development and that a copy was available if requested. Kenna Johnson, Rustic Oaks - She has noticed that trucks cut thru Rustic Oaks to Westgate. She said they were going very fast and were then getting on FM 544. She also wanted to know if the closing of grade crossing had been looked into? Collins stated he had glanced at the article but had not had a chance to throughly review. WORKSESSION Discuss and Review Ambulance RFP's Collins stated that this worksession was an opportunity for Council to discuss the ambulance RFP's. Allen stated that she wanted the ambulance to be the first response and that they should be toned out first. Chief English stated that the ambulance and fire department are both toned out at the same time. Mayor Swartz asked about leasing options if AMR did not receive the bid and a new company came in. English stated that after the bids were opened there would be a negotiation process. Mondy stated that what it comes down to is that the City of Wylie is looking for a good price and good service. Minutes of the Wylie City Council, October 28, 1997, Page 5 ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. J 1 Jim Swartz, ayor 4( $44u Shuler, ity Secretary Minutes of the Wylie City Council, October 28, 1997, Page 6