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