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09-14-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex September 14, 1993 7:00 p.m. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ACTION ITEMS 1. Consider Approval of Minutes of Previous Meetings 2. Discuss and Consider Approval of an Ordinance Adopting a Revised Franchise Agreement with Browning Ferris, Inc. for Refuse Collection 3. Discuss and Consider Approval of an Ordinance Adopting a Rate Ordinance for Refuse Collection 4. Discuss and Consider Approval of an Ordinance Adopting Landscape Provisions for Non-Residential Developments 5. Discuss and Consider Approval of a Master Parks Plan for Valentine Park 6. Discuss and Consider Approval of a Resolution Authorizing Grant Application for Emergency Warning Siren Systems STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 7. Hold Executive Session Under Article 6252-17 V.A.C.S. to Discuss Litigation: Southfork Mobile Home Park vs. City of Wylie 8. Reconvene Into Regular Session and Take Any Necessary Action Related to Southfork Mobile Home Park vs. City of Wylie ADJOURN INTO WORKSESSION TO FINALIZE PROPOSED 1993-1994 ANNUAL OPERATING BUDGET ADJOURNMENT City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 9/14/93 1 Minutes of Previous Meetings SUMMARY OF SUBJECT: Attached are the minutes of August 12, August 19, and August 24, 1993. As Council knows, we are beginning to use a laptop computer during Council meetings. This worked well on the 24th and a draft of the minutes were ready the following morning. Unfortunately, we still need to catch up on the meetings following the tornado. These should be in your next packet and with the help of the laptop, we won't be falling behind in minute preparation again. ALTERNATIVES: (1) Approve the minutes as submitted (2) Approve the minutes with corrections (3) Table the minutes ACTION REQUESTED: Staff is recommending approval REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 S CAPITAL 0 RECURRING 0 OTHER COMMENTS: _ USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: -- CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL -4/dZit)C ITY ANAGER MINUTES OF THE 1NYLIE CITY COUNCIL August 24, 1993 CALL TO ORDER Mayor John W. Akin called the meeting to order with the following Councilmembers present: Reta Allen, John Mondy, Steve Wright, and Bud Naish. Ortie 5 Messenger and Jim Swartz were absent. CONSENT AGENDA Council considered approval of the Consent Agenda which consisted of the 10 following agenda items: (1) Minutes of July 27 and July 29, 1993 (2) Resolution No. 93-16 expressing appreciation to the Vocal Majority for 15 their performance on behalf of tornado recovery volunteers A RESOLUTION OF THE CITY OF WYLIE,TEXAS, EXPRESING GRATITUDE TO THE OCAL MAJORITY MEN'S BARBERSHOP CHORUS FOR THEIR CONTRIBUTION TO OUR COMMUNITY FOR THE BENEFIT OF TORNADO 20 RECOVERY VOLUNTEERS AND RESIDENTS AND BUSINESSES OF THE COMMUNITY Naish made a motion to approve the Consent Agenda. Mondy seconded the motion. Mayor Akin read the resolution and presented a plaque to Ken Pearcy representing the 25 Vocal Majority. Pearcy stated that the Vocal Majority had been honored to play a role in Wylie's recovery. The motion was voted on and passed unanimously. LETTER OF ENGAGEMENT WITH RUTLEDGE & CRAIN FOR 1992-1993 AUDIT SERVICES 30 Wright made a motion to approve an audit engagement letter with Rutledge and Crain. Naish seconded the motion. The motion was voted on and passed unanimously. DISCUSSION REGARDING DEVELOPMENT OF ORDINANCE PERTAINING TO 35 ISSUANCE OF PERMITS AND INDEBTEDNESS TO THE CITY City Manager Steve Norwood explained that builders who owed back taxes were currently not required to satisfy the debt prior to obtaining a building permit. Council discussed whether to prohibit issuance of all permits, some permits, or only building 40 permits to individuals who owed delinquent taxes. City Attorney Steve Defter stated that if the ordinance was properly written with a mechanism for hearing and appeal, the ordinance would be enforceable with no constitutional conflicts. Council generally agreed that an ordinance or policy was needed but disagreed on the provisions of the policy. Allen objected to withholding incidental permits from residential property owners 45 due to non-payment of taxes but agreed that building permits to devlopers and builders might warrant being denied. After lengthy Council discussion regarding the provisions of a proposed ordinance, Allen made a motion to table action until more detailed information developed - 50 by staff for presentation to Council. Mondy seconded the motion. The motion was voted on and passed with all in favor except Wright who was opposed. DISCUSSION REGARDING CURRENT OFF-STREET PARKING REQUIREMENTS 55 Norwood discussed an enforcement problem with the Zoning Ordinance requirement that each residential property be provided with two off street covered and enclosed parking spaces. He stated that staff was unable to prevent residents from enclosing their garages for additional living space as they did not apply for building permits. He explained that the requirement was enforced on a complaint basis if the 60 violation was discovered in progress. Council discussed a recent Board of Adjustments decision to allow a resident on Fairmount to retain her garage enclosure constructed shortly after the tornado. Council reviewed a survey of other cities' off-street parking requirements and enforcement of the existing requirement. 65 Norwood asked for Council direction regarding imposing fines and/or requiring residents to tear out the garage enclosure. Naish stated that Council had not upon past reqeusts favored amending the ordinance and supported continued enforcement. Allen suggested that enforcement needed to be based on failure to obtain building permits. Wright stated that enforcement should continue and Akin objected to enclosed garages 70 going before the Board of Adjustments. After Council discussion, Wright made a motion to instruct staff to continue enforcement. Allen seconded the motion. The motion was voted on and passed unanimously. PAYMENT TO RBI FOR LANDFILL CLOSURE 75 Norwood explained that the City had expended over$8,000 to complete the grass installation at the Landfill after RBI failed on two separate occasions to install sufficient grass coverage to comply with the contract terms. Instead of paying the $11,843 that the City held in retainage, Norwood recommended paying $3500 for the seeding, 80 watering, and partial root establishment that RBI had done. Naish made a motion to deny payment. Mondy seconded the motion. Wright questioned Council's ability to deny payment due to contract non- compliance. City Attorney Steve Deiter stated that since the terms of the contract had - 85 not been satisfactorily met, the City Council could consider payment denial with grounds, but RBI might argue that they made a good faith effort to comply with the terms. The motion was voted on and passed unanimously. 2 STAFF REPORTS 90 City Manager Steve Norwood reminded Council of a ribbon cutting taking place on Thursday and informed Council that one of two drowning victims at Lake Lavon over the weekend was a Wylie resident. He announced the hiring of a new building official, Russell Wyman,from Dallas, who's scheduled to begin on September 7th and introduced the new Administrative Assistnat, Mike Collins and other city employees present. 95 CITIZEN PARTICIPATION Roger Smith of 106 Carriage House Way asked the Council to cooperate with the school district in finding a solution to the traffic problem at Birmingham school. He stated 100 that when rainy weather set in, the problem would be compounded on Brown street and suggested that the city work with the school district to pave or gravel the west side. Glen Graves, 200 Douglas, and member of the Board of Adjustments, urged the City Staff to firmly require sufficient information prior to obtaining a building permit. He _ 105 urged the city to review its permit issuance process to make sure that there are few opportunities for error. ADJOURNMENT 110 As there was no further business to come before the Council for consideration, the meeting adjourned at 8:20 p.m. APPROVED 115 ATTEST 3 MINUTES OF THE WYLIE CITY COUNCIL SPECIAL MEETING August 19, 1993 5 CALL TO ORDER Mayor Pro Tern Jim Swartz called the meeting to order with the following Councilmembers present: Ortie Messenger, Steve Wright, and Bud Naish. Mayor John W. Akin, Reta Allen, and John Mondy were absent. 10 ORDINANCE 93-40 AUTHORIZING THE ISSUANCE OF"CITY OF WYLIE,TEXAS,TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE REFUNDING BONDS, SERIES 1993" - 15 The City Council considered approval of an ordinance refinancing existing debt at, according to City Manager Steve Norwood, an estimated annual savings of $30,000. Naish made a motion to approve the ordinance. Messenger seconded the motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. 20 AN ORDINANCE AUTHORIZING THE ISSUANCE OF 'CITY OF WYLIE, TEXAS, TAX AND WATERWORKS AND SEWER SYSTEM SURPLUS REVENUE REFUNDING BONDS, SERIES 1993'; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; PROVIDING FOR THE PAYMENT OF SAID BONDS BY THE LEVY OF AN AD VALOREM TAX UPON ALL TAXABLE 25 PROPERTY WITHIN THE CITY AND A PLEDGE OF THE NET REVENUES DERIVED FROM THE OPERATION OF THE CITY'S WATERWORKS AND SEWER SYSTEM; AND RESOLVING OTHER MATTERS INCIDENT AND RELATING TO THE ISSUANCE, PAYMENT, SECURITY, SALE AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAYING AGENT/REGISTRAR AGREEMENT, A PURCHASE CONTRACT AND A SPECIAL 30 ESCROW AGREEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATEMENT PERTAINING THERETO; AND PROVIDING AN EFFECTIVE DATE RESOLUTION NO. 93-14 PROVIDING FOR THE REDEMPTION OF CERTAIN OUTSTANDING OBLIGATIONS AND ESTABLISHING STRUCTURE FOR 35 REFINANCING Naish made a motion to approve the resolution. Messenger seconded the motion. The motion was voted on and passed unanimously. 40 JOINT WORKSESSION WITH PLANNING AND ZONING COMMISSION TO REVIEW DEVELOPMENT OF COMPREHENSIVE PLAN The Council and Planning and Zoning Commission met in worksession to discuss with Douglas Cargo of Espey, Huston, & Associates regarding development of a 45 Comprehensive Plan. 1 ADJOURNMENT As there was no further action to be taken by either the Council or the Planning and Zoning Commission, the meeting adjourned. 50 APPROVED 55 ATTEST 2 MINUTES OF THE WYLIE CITY COUNCIL August 12, 1993 CALL TO ORDER 5 Mayor Pro Tern Jim Swartz called the meeting to order with the following Councilmembers present: John Mondy, Ortie Messenger, Reta Allen, and Bud Naish. Mayor John Akin and Steve Wright were absent. 10 WORKSESSION ITEMS Council (1) reviewed with the City Manager the status of the completion of Jackson Street, (2) discussed amending the BFI contract to change from once a week to twice a week garbage pickup, (3) discussed a proposed resolution agreeing to w- 15 consider certain economic development incentives for the J.D. Russell Company, and (4) heard a presentation from Norm Hatfield of Hatfield & Crookless regarding architectural design, alternate sites, and development of a concept plan for the new City service center. 20 ACCEPTANCE OF BOND PURCHASE AGREEMENT FOR ISSUE OF $5.8 MILLION IN DEBT REFUNDING David Medanich of First Southwest Company and Ed Esquivel of Fulbright & Jaworski discussed the ratings given by Standard and Poors and by Moody's. Medanich 25 explained that the refunding affected Bond Series 1986, 1988, 1990 and Revenue Bond Series 1976, 1980, and 1981. Council agreed to consider the Bond ordinance on the August 19th worksession agenda in combination with a resolution establishing the structure of the refund. Naish 30 made a motion to accept the bond purchase agreement for refinancing of existing debt. Messenger seconded the motion. The motion was voted on and passed unanimously. RESOLUTION NO. 93-15 REGARDING INTENT TO CONSIDER CERTAIN ECONOMIC DEVELOPMENT INCENTIVES FOR THE J.D. RUSSELL COMPANY 35 Jackie Lange with the J.D. Russell Company outlined the company's plans for development of a 12 acre portion of a 50 acre tract. She explained that J.D. Russell manufactures expansion joints and steel lawn edging, and stated that she expected the city to benefit from additional tax revenue generated by their expansion. 40 Messenger made a motion to approve the resolution. Mondy seconded the motion. The motion was voted on and passed unanimously. 1 ORDINANCE 93-39 AUTHORIZING A FRANCHISE TO BROWNING-FERRIS,INC. FOR 45 REFUSE COLLECTION IN THE CITY OF WYLIE Randi Smith, representing BFI, agreed to begin twice per week pickup in mid- September at the Council's direction, as opposed to the current once per week garbage pickup. Naish made a motion to approve the ordinance and franchise agreement subject 50 to an amendment being brought forward at a later date reflecting the twice per week pickup. Allen seconded the motion. Upon the reading of the ordinance caption, the motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS, GRANTING A FRANCHISE FOR REFUSE 55 COLLECTION, REMOVAL AND DISPOSAL, WITHIN THE CITY OF WYLIE TO BROWNING- FERRIS INCORPORATED; REPEALING ALL. CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE CITIZEN PARTICIPATION 60 Jeff Sheets, 614 Andersonville Lane, requested that Council contact Griffin Industries regarding an offensive odor. He stated that he believe an agreement existed with the rendering plant regarding the facility's operations between midnight and 6:00 a.m. 65 BUDGET WORKSESSION As there was no further official action to come before Council for consideration, the Council adjourned into a worksession to review the development of the 1993-1994 70 annual operating budget. ADJOURNMENT Upon conclusion of the budget worksession, and as there was no further business 75 before Council, the meeting adjourned. APPROVED 80 ATTEST 2 City of Wylie AGENDA COMMUNICATION Legal Steven P. Deiter SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. - SUBJECT 9/10/93 Amendment to BFI Contract for Twice Per Week Trash Pickup SUMMARY OF SUBJECT: Subsequent to adopting the current agreement with BFI the Council determined that once per the week trash pickupas provided for in the agreement was not frequent enough. Staff has been in contact with BFI and made - changes to the agreement necessary to change to twice per week trash pick up (in addition to the once per week recycling pickup). The changed pages are attached and explained in the attached memo. The item is before the council for formal approval, by way of passage of amending ordinance, of the changes Council has already' authorized. The twice per week pick will be commencing the week of September 13. ALTERNATIVES: (i) Adopt the ordinance providing for change to BFI contract, as presented (2) Adopt ordinance providing for other changes other than those presented as deemed appropriate by the Council (3) Take no action and allow once per week trash pick up to continue ACTION REQUESTED: 4 Adoption of Ordinance amending BFI contract to provide for twice per week trahs pick up. I MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Amendments to BFI Contract DATE: September 1, 1993 When the Council approved the BFI contract at a recent meeting it also determined that the once per week trash pick up which the agreement provided for was not enough and instructed staff to bring back paper work to change to twice a week. I am forwarding herewith for Council's consideration copies of the pages of the contract which will need to be changed to effect the twice a week pickup. The changed pages will be put together with the unchanged ones (in the interest of saving space and paper I chose not to include the unchanged pages) to form a contract entitled "Amended Contract" which will then serve as the operational document between the City and BFI for the next two years. The pages I have provided have been marked up to indicate the language which is being deleted from the prior agreement as indicated by the strikeout-maFk gs-sue#r$s-this. The new text is indicated by the s gs The unchanged text appears in its normal format. Most of the changes in the agreement are straight forward and relate directly, or at least indirectly, to the change from once a week, to twice a week, collection. One notable exception to this general statement is in section 11.00 TERM, where BFI has taken the liberty of extending the contract, two months, by changing the ending date from July 1 to September 1. Although the changes to the agreement are relatively minor they do represent changes to something that has been adopted by an ordinance. Therefore, any amendments to the agreement, to be properly adopted would need to be in ordinance form. I am forwarding such an ordinance for your review. The action the Council will need to take to effect the change, is passage of an ordinance adopting the Amended Agreement. At the meeting when the ordinance adopting the agreement was passed there was a second ordinance adjusting City charges to customers (the contract provides rates which BFI charges 1 City but not what the City charges residential customers). The reason for allowing the rate ordinance to be passed over was that the Council had decided to go back to twice a week pick up which would require amendment of the rate ordinance again. It was the feeling of the staff that it would be cleaner and less confusing to just adopt the one (hopefully final) ordinance concerning rates. Practically speaking, here was no problem in delaying the actual ordinance effecting the rate change, since the change was downward and the City is charging less than what the current ordinance allows. Nonetheless the Council needs to consider and adopt an ordinance (separate form the one adopting the actual contract) establishing current rates which the City charges its residential customers. I have attached such an ordinance herewith for your consideration and passage at the September 14, 1993 Council meeting. Should you have any questions or concerns on any of the above please advise. cc: Steve Norwood Brady Snellgrove 2 AMENDED CONTRACT THIS AMENDED CONTRACT, made and entered into this 12th day of August , 1993, day:.: o4 :S:epa:ember. , .1993, by and between the City of Wylie , Texas a Municipal Corporation of Collin County , Texas . (hereinafter called the "City" ) and Browning-Ferris , Inc . , (hereinafter called "Contractor" ) . WITNESSETH : WHEREAS , the parties hereto desire for Contractor to provide Refuse collection within the City and to perform such work as my be incidental thereto in accordance with the terms of this Contract . NOW, THEREFORE, in consideration of the following mutual agreements and covenants , it is understood and agreed by and between the parties hereto as follows : 1 . 00 GRANT BFI shall be granted the exclusive right to provide refuse collection , removal and disposal services and the collection of recyclables for ninety-five percent ( 95%) of the Residential , Commercial and Industrial Units within the corporate limits of the City , as specified and described in the Contract . Further , the Contractor is hereby granted a franchise , license and privilege within the territorial jurisdiction of the City and shall furnish all personnel , labor , equipment , trucks , and all other items necessary to provide Refuse collection, removal and disposal services , and recycling collection as specified and to perform all of the work called for and described in the Contract . 3 . 00 SCOPE OF WORK The work under this Contract shall consist of the items contained in the performance standards , including all the supervision, materials , equipment , labor and all other items necessary to complete said work in accordance with the Contract . A copy of said performance standards is attached hereto as Exhibit "B" and made a part hereof for all purposes . 4 . 00 COLLECTION OPERATION 4 . 01 Service Provided - (a) Contractor shall provide curbside collection service for the collection of Residential Refuse to each Residential Unit one ( 1 ) tt.wQ::;:{ ). times per week . Containers , Bags and Bundles shall be placed at curbside by 7 : 00 a.m. on the designated collection day . (b) Contractor shall provide curbside collection service for the collection of Recyclable Materials from each Residential Unit one ( 1 ) time per week . Containers shall be placed at curbside by 7 : 00 a.m. on the designated collection day . ( c) Contractor shall provide Bin Collection service for the collection of Commercial and Industrial Refuse to Commercial and Industrial Units according to individual agreement . The Contractor shall provide commercial hand collection service for commercial hand collect units as defined in 2 . 08 of definitions . (d) The Contractor shall provide for the special collection from Residential Units of Bulky Waste , Construction Debris and Stable Matter . Also , the Contractor may from time to time provide for -6- their approval , which approval shall not be unreasonable withheld . City shall publish at its expense at least once during each calendar year a map of such Residential Unit collection routes in the newspapers published in the immediate area. The published map shall be of such size to clearly show all pertinent information. The Contractor may from time to time propose to City for approval changes in routes or days of collection affecting Residential Units , which approval shall not be unreasonably withheld . Upon City ' s approval of the proposed changes , City shall promptly give written or published notice to the affected Residential Units . (b) Commercial and Industrial Unit collection routes shall be established by the Contractor at its sole discretion . 5 . 03 Holidays - The following shall be holidays for purposes of this Contract : New Year ' s Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Day Contractor may decide to observe any or all of the above mentioned holidays by suspension of collection service on the holiday . Men.dei , collection will be made on Thursday ; when 7 ▪ e--hel ida-y f-el l s en Th rsday , collection will be CityandCOnt.TatoTi. agree .;that: the n ext. coi #ection serva.ce h:a# # :takeP .a.ce orti the next: l( regularly scheduled ,col.l.ect.1on .day:, however, i:n no e-ven:t h:a# # coil:ectf:on occuraess than: . once per week::: 5 . 04 Complaints - All complaints shall be made directly to the Contractor and shall be given prompt and courteous attention. In the case of alleged missed scheduled collections , the Contractor shall investigate and , if such -9- 6 . 00 COMPLIANCE WITH LAW The Contractor shall conduct operations under this Contract in compliance with all applicable laws ; provided , however , the General Specifications of this Contract shall govern the obligations of the Contractor where there exists conflicting regulations of the City on the subject . 7 . 00 EFFECTIVE DATE This Contract shall be effective upon the execution hereof by all parties and upon such execution shall retroactively effective to July 1 , 1993 . September 1 , 1993 . 8 . 00 NONDISCRIMINATION The Contractor shall not discriminate against any person because of race , sex , age , creed , color , religion, or national origin. 9 . 00 INDEMNITY The Contractor will indemnify and save harmless the City , its officers , agents , servants , and employees from and against any and all suits , actions , legal proceedings , claims , demands , damages , costs , expenses , and attorneys ' fees arising out of a willful or negligent act or omission of the Contractor , its officers , agents , servants and employees ; provided , however , that the Contractor shall not be liable for any suits , actions , legal proceedings , claims , demands , damages , costs , expenses and attorneys ' fees arising out of a willful or negligent act or omission of the City , its officers , agents , servants and employees or arising out of a claim that the City was not authorized to award this Contract or such was in conflict with the terms of a prior Contract executed by the City . 10 . 00 LICENSES AND TAXES - 11 - The Contractor shall obtain all licenses and permits (other than the license and permit granted by the Contract ) and promptly pay all taxes required by the City and by the State . 11 . 00 TERM The contract shall be for a two ( 2) year beginning July 1 , 1993 S:.ep:t:ember:::l:, >a:993 and ending two ( 2) years thereafter . The initial term of this contract may be extended for successive additional on ( 1 ) year terms with the mutual agreement of both parties . 12 . 00 INSURANCE The Contractor shall at all times during the Contract maintain in full force and effect Employer ' s Liability , Workmen ' s Compensation, Public Liability and Property Damage Insurance , including contractual liability coverage for the provisions of Section 9 . 00 . All insurance shall be by insurers and for policy limits acceptable to the City and before commencement of work hereunder the Contractor agrees to furnish the City certificates of insurance or other evidence satisfactory to the City to the effect that such insurance has been procured and is in force . The certificates shall contain the following express obligations : "This is to certify that the policies of insurance described herein have been issued to the insured for whom this certificate is executed and are in force at this time . In the event of cancellation or material change in a policy affecting the certificate holder , thirty ( 30 ) days prior written notice will be given the certificate holder . " For the purpose of the Contract , the Contractor shall carry the following types of insurance in at least the limits specified below: - 12- 25 . 00 ENTIRE CONTRACT This Contract constitutes the entire understanding between the parties hereto and cancels and supersedes all prior negotiations , representations , understandings and agreements , either written or oral , with respect to the subject matter hereof . The :: previous contrac . effe:c:tive ; u 1 99.1.As:: hereby. :set ttsIci .an k : uperst4tef. -74 26 . 00 SPECIAL PROVISIONS 26 . 01 Bin collection service for City of Wylie facilities shall be provided at no charge . 26 . 02 Spring Clean-Up Campaign (a) Contractor shall provide ten ( 10) 30- cubic yard containers in multiple locations . (b) Contractor shall provide free collection and disposal up to 10 hauls of 30 cubic yards . -20- IN WITNESS WHEREOF, We , the contracting parties , by our duly authorized agent , hereto affix our signatures and seals at Wylie , Texas , as of this day of July , 1993 S:e.p.:t.en+be.r,.:;:1993 '1 CITY OF WYLIE, TEXAS A Municipal Corporation of Collin County , Texas SEAL of the City of By : Wylie , Texas Mayor and City Manager ATTEST: BROWNING-FERRIS , INC. By : City Secretary District Manager -21- ATTACHMENT A CITY OF WYLIE, TEXAS JULY REFUSE AND RECYCLING SERVICE 1993 RATE Residential - Single Family $ 8 . 30 $:: ::::9: 3:I: Duplex Unit - Per Unit $ 8 . 30 $: >::>9 :31: l Trailer Park - Per Unit $ 8 . 30 $ :: :9:. 31: Commercial Hand Collect 1 . Less than 5 , 30 gal . bags per week $ 15 . 72 2 . 5 to 8 , 30 gal . bags per week $ 29 . 18 3 . 9 to 12 , 30 gal . bags per week $ 42 . 64 COMMERCIAL SERVICE 2 cu . yd . 1 x week $ 62 . 30 2 x week $101 . 25 3 x week $140 . 18 3 cu. yd . 1 x week $ 68 . 98 2 x week $111 . 26 3 x week $152 . 43 4 cu . yd . 1 x week $ 84 . 55 2 x week $ 124 . 62 = 3 x week $ 173 . 56 6 cu . yd . 1 x week $ 95 . 68 2 x week $ 159 . 11 3 x week $225 . 86 8 cu. yd. 1 x week $ 119 . 04 2 x week $ 1S9 . 19 3 x week $244 . 78 10 cu . yd . 1 x week $ 139 . 08 2 x week $235 . 87 3 x week $331 . 55 -22- ATTACHMENT B CITY OF WYLIE, TEXAS PERFORMANCE STANDARDS I . Residential and Commercial Hand Collection A. Schedule : Once Tw: :ce weekly . B. Hours of Operation : 7 : 00 a .m. - 7 : 00 p.m. C. Placement : Curbside or Alley D. Approved Containers : 1 . Plastic bags , 1 . 4 mil . thickness , 30 gallons in capacity . 2 . A watertight receptacle of a solid and durable grade and metal not to exceed thirty ( 30 ) gallons in capacity . 3 . Disposable closed containers not greater than 2 feet x 2 feet x 4 feet . 4 . Bundles of brush less than 4 feet in length that can be handled by one man and placed at the curb . 5 . Maximum weight bag , bundle or container : 40 pounds each . E. Spillage : Any spillage caused by us will be picked up immediately . Spillage caused by others or by inadequate containers will be the residents ' responsibility . -24- ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE EXISTING FRANCHISE FOR REFUSE COLLECTION, REMOVAL AND DISPOSAL WITHIN THE CITY OF WYLIE GRANTED TO BROWNING-FERRIS INCORPORATED, BY ORDINANCE 93-39; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has recently negotiated a contract (Agreement) with Browning-Ferris Incorporated (BFI) for refuse collection within the City on terms and conditions deemed to be favorable to, and in the best interest of, the City; and, WHEREAS, the City Council adopted such agreement and granted a franchise to BFI on the 12th day of August, 1993, by adoption of Ordinance No. 93-39; and , WHEREAS, the franchise agreement as adopted provided for once per week refuse collection and once per week recycling collection for residential customers in the City; and, WHEREAS, the Council has had contact from numerous citizens complaining that once a week refuse pickup was not frequent enough in that their trash was decaying to a point where it was creating strong odor and becoming infested with insects before being picked up, which created an unsanitary and unpleasant condition in an around the premises of the homeowners; and, WHEREAS, the Council has determined that the cost savings from the once per week pick up are not significant enough to overcome the aforementioned detrimental effects and therefore desires to change the agreement to provide for twice per week refuse collection; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The franchise agreement with BFI providing for refuse collection, removal and disposal within the City, as heretofore adopted by Ordinance 93-39 be, and it hereby is, amended by adoption of the "Amended Contract" attached hereto as "Exhibit A" and fully incorporated herein and made a part hereof by reference. SECTION II The Mayor, the City Manager, and the City Secretary are hereby authorized and directed to properly execute the original(s) of such agreement as the act and deed of the City. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions, specifically including without limitation Ordinance 93-39, in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of September, 1993. BY John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney City of Wylie AGENDA COMMUNICATION Legal Steven P. Deiter - SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 9/10/93 Adoption of Ordinance Establishing Rates for Refuse Service SUMMARY OF SUBJECT: The franchise agreement with BFI (as amended for twice per week pickup) contains charges and rates that BFI charges the City but makes no provision for what the City charges residential customers. The current rates which the City charges were establihed for the previous contract with BR. The proposed ordinanc merely adjusts the existing prices for the changes which the "new" (current) BFI contract contains. ALTERNATIVES: (1) Approve ordinance changing rates for residential trash rates, as presented. (2) Approve ordinance changing rates as deemed appropriate by Council (3) Take no action and leave rates as they are ACTION REQUESTED: I Adopt ordinance establishing rates for residential trash pick up in City. 1 ORDINANCE NO. AN ORDINANCE 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 92-4 AND FURTHER REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City has renegotiated its contract for solid waste refuse service with its current contractor Browning-Ferris Industries (BFA); and, WHEREAS, the new agreement with BFA provides for changes in rates to City for certain services, including a reduction in rates for residential services; and, WHEREAS, the City Council has determined that the rates the City is charging its customers for refuse services should be adjusted to reflect the prices which the City will be paying to BFI; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That Section 9 of Appendix A to the Wylie City Code be, and it hereby is, amended as follows: Section 9.01(a) The rate for residential services is changed from $10.55 to $10.86 per month. Section 9.01(c) The rate for each unit of a single family detached or duplex (not master metered) is changed from $10.55 per month to $10.86 per month. Section 9.01(d) The rates for Duplex, Multi-family, Trailer Park are changed from $10.55 per month to $10.86 per month; and the rate for residential unit (utility customer outside City) is changed from $13.10 to $13.57 per month. Section 9.02(a) The rate for less than five bags per week is changed from $18.91 per month to $15.72 per week. Section 9.02(b) The rate for five to eight bags per week is changed from S35.15 to 29.18 1 per week. Section 9.02(c) The rate for nine to twelve bags per week is changed from $51.30 to 42.64 per week. Section 9.03 Special Charges: The charge for a return check is changed from $15.00 to $15.20; and the per month rental rate for roll off containers is deleted. SECTION II In the event of non payment of charges for the above services City shall have the right to deny further service to such non paying person or customer. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of September, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 9/14/93 4 Landscape Ordinance SUMMARY OF SUBJECT: Attached is an ordinance recommended by the Planning and Zoning Commission for landscaping requirements in new developments. This is a very "basic" ordinance in that it does not contain a lot of detailed and specific requirements. The Commission felt that at time that too much restriction would be construed as developer unfriendly and is recommending that we review this ordinance in twelve to eighteen months after its adoption to see if there are areas that need tighter control or areas that were left unaddressed. ALTERNATIVES: (1) Approve the Ordinance (2) Approve the Ordinance with Amendments (3) Deny the Ordinance for Further Review by the Commission ACTION REQUESTED: Staff is recommending that Council approve the ordinance with the requirement that the ordinance be reviewed by the Planning and Zoning Commission in one year. ORDINANCE NO_ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING SCREENING AND LANDSCAPING STANDARDS FOR THE CITY, REPEALING ALL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has determined in its legislative capacity that the installation and maintenance of landscaping and screening are necessary to protect and enhance the community's environmental, economic and aesthetic quality; and, WHEREAS, adoption of appropriate landscaping and screening standards would be in furtherance of the promotion of the public health, safety and general welfare; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I The following provisions be, and they hereby are, adopted as the Landscape and Screening Standards for the City of Wylie: I. APPLICATION A. These standards shall apply to all buildings and uses of land except single family dwellings and agricultural buildings when an application for a building permit is made for the following construction: (1) New Construction (2) Business renovations on an existing structure, valued at over S5,000.00 or additions of 800 square feet or more to the structure. or upon submission of a site plan as required by the City of Wylie or the Planning and Zoning Commission. 1 B. These standards shall also apply to existing properties that are not subject to building permit requirements when: (1) there is a substantial change in the distinguishing traits or primary features of the use of the building or land, as evidenced by increased parking requirements or a change in occupancy classification and/or (2) the City of Wylie or Planning and Zoning Commission determines that development of the property warrants site plan approval II. LANDSCAPING AND SCREENING REQUIREMENTS A. SCREENING REQUIREMENTS The screening requirements herein established shall be interpreted in conjunction with, and supplementary to, other similar requirements set out in the Wylie City Code, as the same now exists or is hereafter amended, specifically including without limitation those dealing with dumpster screening (Chapter 11 Section 15), and those required for separation of non- residential uses from residential uses (Chapter 12 Zoning Ordinance), and in the event of difference between the provisions hereof and any other sections of the Wylie City Code the more stringent requirement shall apply. 1. When screening is required hereunder the screening device shall be not less than six feet in height (unless otherwise specified) and shall be either decorative fence, masomy wall, earthen berm (maximum side slope of 3:1 and covered with vegetation), or live screening (if solid visual screen three feet wide and six feet high will be established within two years of planting); and all screening devices and materials shall be aesthetically and architecturally compatible with the materials and design of the site being developed. 2. The following uses and activities shall be screened from adjacent property and public streets: a) outdoor storage areas b) outside display of merchandise (if otherwise allowable under City Codes), adjacent to the required front yard to a height of not less than three feet �,. c) primary refuse containers (dumpsters) - in non-residential and multi-family uses shall be screened on three sides with an opening for access on the fourth side 2 B. LANDSCAPING REQUIREMENTS In non-residential districts the following landscaping requirements shall apply: (1) Every lot shall provide a minimum of 5% of the lot area to be utilized for landscaping. A minimum of one-half of the required landscaping area shall be located in the front yard. Required landscaping area shall not include driveways, paved walks, or right-of-way or easements for streets or alleys where a fence or wall is required by ordinance, the fence or wall may be located within the required landscaping area. (2) Visibility requirements - on any corner lot, all landscaping, whether or not required by the ordinance, shall be designed and maintained so that it shall not obstruct the vision of a motor vehicle driver approaching any street, alley or driveway intersection. When a driveway intersects a public right-of-way, all landscaping within the triangular areas described below shall provide unobstructed cross visibility at a level between thirty (30) inches and nine (9) feet above the street grade level. The visibility triangles shall be determined by projecting a line fifteen (15) feet along the street right-of-way and fifteen feet along the internal driveway and connecting the ends of the two lines. (3) All required landscape areas shall consist of a combination of trees, grass, shrubs, ground cover and other live plant material such as those contained in the recommended plant list. The combination shall consist of at least one (1) tree, ten feet (10') tall, or two (2) trees not less than two inches (2") in diameter, for each one thousand (1,000) square feet of required landscape area. C. MAINTENANCE REQUIREMENTS (1) All plant material shall be maintained at all times in a living and growing condition. Dead landscaping materials shall be replaced with like or similar materials. (5) Adjacent right-of-way shall be kept mowed and properly maintained. Right-of- way shall not be included in the required percentage of landscaped area. 3 RECOMMEDED PLANT LIST LARGE TREES SMALL TREES Pecan Yaupon HoHies Red Oak Crepe Myrtle ffi Burr Oak Wax Myrtle Water Oak Cherry Laurel Southern Magnolias Red Bud Live Oak Japanese Black Pine Bald Cypress Cedar Elm Bradford Pear EVERGREEN SHRUBS Red Tip Photinia Asian Jasmine Burford Holly Honeysuckle Nellie R. Stevens English Ivy Chinese Holly Boston Ivy Yaupon Holly Liriope Clearra Monkey Grass Nandinnia Virginia Creeper Dwarf Crepe Myrtle Vinca Japanese Ligustrum Mondo Grass Waxleaf Ligustrum Ophia Pogon Abelia Elaeagnus Junipers purple Sage Barberry PROHIBITED TREES Silver Maple Mulberry American Elm Hackberry Cottonwood Willow Green Ash Mimosa Sycamore Arizona Ash Sybetian Elm 4 SECTION II Any person convicted of violating the provisions of this ordinance, or any part hereof, shall be fined in an amount not to exceed the maximum established by §54.01(b) of Texas Local Government Code, for convictions of health and safety violations and each and every day that the provisions of this ordinance are violated shall constitute a separate and distinct offense. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordimnce. 5 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of September, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 6 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: COMMUNITY SERVICES DIRECTOR: BILL NELSON • DATE REFERENCE NO. SUBJECT 09/09/93 VALENTINE PARK SUMMARY OF SUBJECT: The Parks and Recreation Advisory Board and myself have over the past year worked on the design and items we would like to see in Valentine Park and how to phase in these projects. The general design/concept (Master Plan) including the major items With their Icosts and how they would be phased in have been approved by the Board. k. MERNAT1VES: L. Approve design/concept (Master Plan) with facilities and phases. Modify design/concept (Master Plan) with facilities and phases. -- Deny design/concept (Master Plan) with facilities and phases. • ,CT1ON REOUESTED: """ Approve design/concept (Master Plan) as proposed or modify as necessary. REVENUE SOURCES: EXPENDITURE ACCOUNTS: S.B.A. Grant - $4,850.00 Parks Department BUDGETED FISCAL YEAR(s): 1993-1994 ESTIMATED.EXPENDITURE: $ 93, 150.00 • PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS a ONE-TIME a • $ • CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: X BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET _. WYLIE CODE OTHER X MAP, PLAN, SKETCH BID TAB/SPECS OTHER X MINUTES LEGAL REVIEWED BY: X CITY MANAGER X DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL C MANAGER MEMO TO: Steve Norwood FROM: Bill Nelson ISO DATE: September 9 , 1993 SUBJECT: Valentine Park During many meetings of the Parks and Recreation Advisory Board, the general design/concept (Master Plan) and the phasing in of the items for Valentine Park was discussed and approved . The following are the phases and estimated costs . Phase I ( 1993-94 B .Y. ) ** Tree installation with related supplies $3 , 100 . 00— * Pampas Grass 200 . 00 * Storm drainage improvements 2 , 500 . 00 * Soil for berm area 2 , 600 . 00 ** Irrigation for berm area 1 , 500 .00 * Gravel entrance road and partial parking lot 2 , 700 . 00 * Walking/ jogging trail - 2 , 420 L. F. x 8 ' wide "Crushed Limestone" 6 , 500 . 00r" * Dome posts and cable 700 . 00 * Park sign ( 1 ) 200 . 00 * Picnic tables ( 5 in stock) 0 . 00 * Cooking grills ( 3 in stock) 0 . 00 TOTAL $20 , 000 . 00 Phase II ( 1994-95 B .Y". ) M * Finish gravel parking lot $2 , 400 . 00 ** Asphalt - entrance parking lot 2 , 400 . 00 ** Playground curbing 500 . 00 ** Sidewalks to playground and picnic pavilion 220 L.F . x 6 ' wide 2 , 500 . 00 * ***Playground equipment 5 , 000 . 00 * Shrubs - berm and entrance areas 1 . 800 . 00 * Benches ( 11 ) 3 , 300 .00 ** Irrigation - entrance area and playground/ picnic area 3 , 500 . 00 * Bermuda/Fescue seed- entrance area and playground/ picnic area 200 . 00 ** Lighting - walking/ jogging trail/ parking lot See notes below * Wildflower seed 750 .00 TOTAL $22 , 350 .00 Phase III ( 1995-96 B .Y. ) ** Picnic pavilion concrete slab - 30 ' x 45 ' $2 , 400 . 00 ** Picnic pavilion roof - 30 ' x 45 ' 13 , 000 . 00 ** Backstop ( 1 ) 1 , 700 .00 * Shrubs - behind backstop 500 .00 ** Irrigation - backstop field and shrub area behind backstop 5 ,000 . 00 * Bermuda seed - backstop field and shrub area behind backstop 500 . 00 ** Lighting - walking/jogging trail/ parking lot See notes below TOTAL $23 , 100 .00 Phase IV ( 1996-97 B.Y. ) * Exercise Stations ( 3) $700 . 00 ** Lighting - walking/jogging trail/ parking lot See notes below TOTAL $700 . 00 Phase V ( 1997-98 B.Y. ) ** Concrete paving of existing entrance gravel road and parking lot $27 ,000. 00 Lighting - walking/ jogging trail/ parking lot See notes below TOTAL $27 , 000 . 00 TOTAL ESTIMATED COSTS $93, 150.00 * Material costs only - labor by City crews ** Contractor labor and materials *** Playground equipment - basic equipment ( swings , slides , see- saws , etc. ) - modular type equipment at least double this price Lixhtings - T.U. Electric will install approximately twelve ( 12) security/guard lights with above ground lines for little or no cost . If twelve( 12) decorative type lights were installed the cost for the fixtures only would be approximately $8,000. 00. MINUTES PARKS & RECREATION ADVISORY BOARD MONDAY, JUNE 28, 1993 The City of Wylie Parks & Recreation Advisory Board met in regular session at 7:00 PM on Monday, June 28, 1993 in the Council Chambers of the Municipal Complex at 2000 SH 78 N. A quorum was present and notice had been posted in the time and manner required by law. Present were Chairman Willie Calverley, Vice-Chairman John Burns, and board memebers Aubrey Burroughs, Jerry Smith and Dan Chestnut. Bill Nelson, Director of Community Services and Secretary Barbara LeCocq, represented the City staff. The meeting was called to order by Chairman Calverley. ITEM NO. 1 - DISCUSS AND CONSIDER APPROVAL OF MINUTES FOR MEETING HELD ON MARCH 22, 1993 - Chairman Calverley asked for any corrections or additions to the minutes. Bill Nelson made a correction on item d of the Updates. A motion was made by Aubrey Burroughs to approve the minutes with the correction. John burns seconded the motion, all in favor. Motion carried. ITEM NO. 2 - DISCUSS AND CONSIDER ADOPTING MASTER PLAN FOR VALENTINE PARK - Discussion items included concerns about lighting, entrance to the park, denying access from the alley bordering the park, putting barriers between alley and park, width of the walking and jogging trail. A motion was made by John Burns to recommend adoption of the general design and concept of Valentine Park as shown on the drawing presented by Bill Nelson. Motion seconded by Aubrey Burroughs. All in favor, motion carried. ITEM NO. 3 - COMMUNITY PARK BATTING CAGES - The batting cages opened on Memorial Day and are reportedly doing a good business. ITEM NO. 4 - COMMUNITY PARK BASKETBALL COURT - The 50'x 84' basketball court has been installed. ITEM NO. 5 - CLEAN-UP, GREEN-UP CAMPAIGN/KEEP TEXAS BEAUTIFUL - The project was considered successful. Participation was good by various organizations in the City. One hundred twenty-four tons of debris were hauled away and 70,000 lbs of old tires. ITEM NO. 6 - COMMUNITY PARK FUND FOR 1993-94 - Mr. Nelson recapped future plans for the park. CITIZEN PARTICIPATION - None ADJOURNMENT-With all business being concluded a motion was made to adjourn. Meeting adjourned by Chairman Calverley Willie Calverley, Chairman y submitted: Barbara LeCocq, MINUTES Parks & Recreation Advisory Board Monday, July 26, 1993 The City of Wylie Parks & Recreation Advisory board met in regular session at 7:00 PM on Monday, July 26, 1993 in the Council Chambers of the Municipal Complex at 2000 SH 78 N. A quorum was present and notice had been posted in the time and manner required by law. Present were Chairman Willie Calverley, V. Chairman John Burns and members Dan Chestnut, Jerry Smith, and newly appointed member Mark Jenneman. Representing the City staff were Bill Nelson, Director of Community Development and Barbara LeCocq, secretary. The meeting was called to order at 7:00 PM by Chairman Calverley. ITEM NO. 1 - DISCUSS AND CONSIDER anoroval of minutes for meeeting held on June 28, jam. John Burns asked that the words "to the City Council" be added to the motion after "to recommend adoption" in Item No. 2. A motion was made by Jerry Smith to approve the minutes with the addition. Seconded by Dan Chestnut. All in favor, motion carried. ITEM NO. 2 - OATH OF OFFICE to newly anointed member. Mark Jenne. The oath of office was given to Mark Jenneman by Secretary Barbara LeCocq. ITEM NO. 3 - ELECTION OF CHAIRMAN for the 1993-94 year. Nomination was made and seconded for John Burns as Chairman. Nomination was made for Willie Calverley for Chairman. No second. John Burns was elected Chairman of the Parks & Recreation Advisory Board by unanimous vote. ITEM NO. 4 - ELECTION OF VICE-CHAIRMAN for the 1p93-94 year. Jerry Smith nominated Willie Calverley as vice-Chairman for the 1993-94 year, seconded by Dan Chestnut. Vote was unanimous - Willie Calverley was elected Vice-Chairman of the Parks & Recreation Advisory Board for the 1993-94 year. CITIZEN PARTICIPATION - None. ITEM NO. S - ADJOURN regular meeting. Motion was made by Dan Chestnut to adjourn the regular meeting. Seconded by Willie Calverley. ITEM NO. 6 - RECONVENE into work session. Work session convened for the purpose of discussing Valentine Park. ITEM NO. 7 - ADJOURNMENT - There being no further business the meeting was adjourned. Willie Calverley, Chairman y submitted: .4 7,42 . . LeCocq, -� - ' VALENTINE PARK Approx . All Trails and Walks ( to picnic/playground) 2 , 640 L . F . All Trails 2 , 420 L.F. All Trails without Wild Flower Trail 2 , 100 L. F. Picnic Pavilion 1 , 330 L.F. Best Price so far for Picnic Pavilion $ 1 . 75 S . F . ( 1 , 350 S . F . x $ 1 . 75 S . F = $2 , 362. 50) 4 " Thick Concrete with 1 " Sand Base At SI . S5 S . F . 4 ' 6 ' S ' 10 ' All Trails and Walks $ 19 . 336 $29 , 304 $39 , 072 $48 , 840 All Trails 17 , 908 26 , S62 35 , 516 44 , 770 All Trails w. o W. Flower 13 , 540 23 . 310 31 , 030 3S , S50 Ex : 600 L. F . x S ' wide = $S . 830 600 L . F . x 6 ' wide = 6 . 660 400 L . F . x 3 ' wide = $5 , 920 400 L . F . x 6 ' wide = 4 , 440 3" Thick Stabilized Aggregate With 3" Aggregate Base At $ 1 . 75 S . F . 4 ' 6 ' 3 ' 10 ' All Trails and Walks $ 18 ,480 $27 , 720 $36. 960 $46 , 200 All Trails 16 , 940 25, 410 33,880 42 , 350 All Trails w, o W . Flower 14 ,700 22 ,050 29 ,400 36 , 750 Ex : 600 L . F . x S . wide = $3 , 400 600 L . F . x 6 ' wide = 6 , 300 400 L. F. x 8 ' wide = $5 ,600 400 L. F. x 6 ' wide = 4 , 200 VALENTINE PARK Wood Chips - 6" Thick with 3/16" x 4" Metal Edging *At S3 . 33 L . F . Edzing on both sides of walk All Trails and Walks $3 , 344 any width All Trails 3 , 107 any width All Trails wio Wild Flower 7 , 035 any width * This price is for city crews to remove 6" of dirt and backfill with free wood chips . MINUTES Parks & Recreation Advisory Board August 23, 1993 The Parks& Recreation Advisory Board of the City of Wylie met in regular session on Monday, August 23, 1993 in the Council Chambers of the Municipal Complex at 2000 SH 78 N. A quorum was present and notice had been posted in the time and manner required by law. Present were Chairman John Burns, Vice-Chairman Willie Calverley, members Jerry Smith, Dan Chestnut, Aubrey Burroughs and newly appointed member Janice Neely. Mark Jenneman was absent. Representing the City staff were Bill Nelson, Director of Community Services and Barbara LeCocq, Secretary. The meeting was called to order at 7:00 PM by Chairman Burns. ITEM NO. 1 - APPROVAL OF MINUTES FROM MEETING HELD ON 7.26.93: Chairman Burns asked for any corrections or addtions to the minutes. Hearing none, a motion was made by Jerry Smith to approve the minutes as submitted. Seconded by Dan Chestnut. Motion carried, all in favor. ITEM NO. 2 - OATH OF OFFICE FOR NEW MEMBER JANICE NEELY: The oath of office was administered to Janice Neely as a member of the Parks& Recreation Advisory Board by Barbara LeCocq. ITEM NO. 3 - DISCUSS AND CONSIDER VALENTINE PARK: Bill Nelson had visited the City of Euless to see a demonstration of a paving material made from crushed granite as a possible alternative to concrete for use in Valentine Park. The material is being used for jogging/walking trails in city parks in Euless with favorable comment from city staff and public alike. Plans are for the parking lot of one of Euless' service centers to be paved with this material. It can be installed for approximately $.33 per square foot as opposed to $1.00+ for concrete. A sample of the material was passed around for the members to inspect. A suggestion was made that this material might be used for paving the parking lots of Valentine Park also. Jerry Smith made a motion to amend the recommendation for the trails in Valentine Park to be constructed of crushed granite rather than concrete as previously recommended. Seconded by Aubrey Burroughs. Motion carried, all in favor. ITEM NO. 4 - DISCUSS UPDATES: (a) Community Park Fund - Bill Nelson's report showed a total of$16,566.17 in revenues and expenditures of$10,261.83, leaving a fund balance of$11,514.69. Mr. Nelson stated that approximately $10,000 of the fund balance was already committed for park projects including a roof and vent for the concession gad, and additional costs for maintenance of the soccer fields. (b)Lakeshore Clamp s-On September 18 the arid Lakeshore clean-up will take place. Volunteers are needed. (c)Basketball Cowl- is complale.. (d) Scoreboards - Nothing is definite. Mr. Nelson has been taking with Dr. Pepper about a joint effort. A suggestion was made for a joint workshop with the City Council to consider the old High School scoreboard, now being replaced. The VISA has received permission to remove the old scoreboard and use it for the Community Park if approved. CITIZEN PARTICIPATION: None There being no further business, a motion was made and seconded to adjourn the meeting. Meeting adjourned. John Burns, Chairman -44 411111 , Barbara LeCocq, -« - Ailift to �f 1( iftediAzah c-LrI14.2 4/. J__ e—— J'�d�Ir_ 7 O4:; - - - - -- /2= __3_77- 61J .._ezfr.a421c& "502.44 aize. 7a2.z,z-Aeepace_ _ _ ------ �,�. 02 -- _ - 4, f_2>'„/, _ i#27a4e 3 77 _ CC o - -- - Valentine Park "Rock Screening" All Trails - Approximately 2.420 L.F. .'S3 S •� 6' wide - 346 tons x $14.00 per ton = $4, 844.00 8 ' wide - 461 tons x $14.00 per ton = $6,454.00 All Trails Without Wildflower Trail - Approximately 2. 100 L.F. 6 ' wide - 300 tons x $14.00 per ton = $4,200.00 8 ' wide - 400 tons x $14.00 per ton = $5,600.00 Above prices are for delivered material prices only . All labor to be performed by City crews . City of Wylie AGENDA COMMUNICATION SUBMITTED BY: CITY MANAGFR DIRECTOR: STEVE NORWOOD DATE REFERENCE NO. SUBJECT 9/14/93 RESOLUTION TO AUTHORIZE APPLICATION OF GRANT FOR EARLY WARNING SIREN SYSTEM SUMMARY OF SUBJECT: Apply for grant for early warning siren system to the Federal Emergency Management Agency for Warning and Communications (W&CS) funding under the State and Local Direction Control and Warning (SLDCW) Program. ALTERNATIVES: 1.) Approve the Resolution of authorization for application. 2.) Table the Resolution. 3.) Deny request for authorization of application. ACTION REQUESTED: 1.) Approve the Resolution of authorization for application. RESOLUTION NO. 93-17 A RESOLUTION OF THE CITY OF WYLIE, TEXAS, REINFORCING THE URGENCY OF AN EFFECTIVE EARLY WARNING SIREN SYSTEM; AUTHORIZING THE APPLICATION TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR WARNING AND COMMUNICATIONS (W&CS) FUNDING UNDER THE STATE AND LOCAL DIRECTION, CONTROL AND WARNING (SLDCW) PROGRAM;AUTHORIZING THE CITY MANAGER AND EMERGENCY MANAGEMENT COORDINATOR TO EXECUTE ALL RELATED DOCUMENTS FOR THE GRANT APPLICATION; PROVIDING AN EFFECTIVE DATE WHEREAS, The City Council of the City of Wylie, Texas, recognizes the urgency of an effective early warning siren system that is audible throughout the City, and WHEREAS, The City of Wylie received a devastating blow by a tornado that struck the City on May 9, 1993, damaging and/or destroying 193 homes and 36 businesses, and WHEREAS, The City Council feels that the existing system would not provide adequate warning to secure the safety of its residents in the event of another such emergency, and WHEREAS, The City Council is seeking assistance in funding a city-wide early warning siren system to protect the safety and welfare of the community NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE THAT: SECTION 1. The City of Wylie is hereby requesting funding through the Federal Emergency Management Agency for Warning and communications (W&CS) funding under the State and Local Direction, Control and Warning (SLDCW) program. SECTION 2. The City Manager and Emergency Management Coordinator are hereby authorized to execute all present and future documents required that relate to the grant application, application review, and subsequent receipt of the funding. SECTION 3. This resolution shall take effect immediately upon its passage as provided by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie on this the 14TH day of September, 1993. APPROVED ATTEST City of Wylie AGENDA COMMUNICATION Legal Steven P. Deiter SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 9/10/93 7 G Consithration of Amended Settlement Agreement with Southfork MHP SUMMARY OF SUBJECT: Southfork has made minor changes to the last settlement agreement which Council approved. The changes are very minor and only amount to a restatement and clarification of what the agreement already provided. The agreement(with the changes)has been approved by both of the principals involved in the ownership of the park, therefore there will be no further requests for amendments from them. ALTERNATIVES: (1) Approve the Amended Settlement Agreement as presented (2) Make changes to amended agreement as deemed appropriate and submit as a counter offer (3) Take no action allowing previous offer (as embodied in agreement approved ppoved in June) to be final offer ACTION REQUESTED: i 1 Approval of the Amended Settlement Agreement as presented.