11-09-2010 (City Council) Agenda Packet Wylie City Council
CI:TYOFWYLIE NOTICE OF MEETING
Regular Meeting
November 09, 2010 - 6:00 pm
Wylie Municipal Complex—Council Chambers
2000 Highway 78 North
Eric Hogue Mayor
M. G. "Red" Byboth Mayor Pro Tern
David Goss Place 1
Kathy Spillyards Place 3
Bennie Jones Place 4
Rick White Place 5
Carter Porter Place 6
Mindy Manson City Manager
Richard Abernathy City Attorney
Carole Ehrlich City Secretary
In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie
Municipal Complex, distributed to the appropriate news media, and posted on the City website:•
www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted
on the City of Wylie website: www.wylietexas.gov.
The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the
audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone
conversation.
The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled
attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD
972.442.8170.
CALL TO ORDER
Announce the presence of a Quorum.
INVOCATION & PLEDGE OF ALLEGIANCE
PRESENTATION
• Presentation and recognition of participants in the National Community
Planning Month.
• Presentation of Reach for a Star Tree.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
November 09,2010 Wylie City Council Regular Meeting Agenda Page 2 of 4
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the October 26, 2010 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider, and act upon, approval of a Replat for Wyndham Estates Phase III.
Subject property being currently located at 204 and 206 Windco Circle. (R. 011ie,
Planning Director)
C. Consider, and act upon, approval of a Replat for Holland Hitch Addition. Subject
property being currently located at the southeast corner of S.H. 78 and Martinez
Lane. (R. 011ie, Planning Director)
D. Consider, and act upon, approval of a Final Plat for SH 78 RaceTrac addition, on
one lot, generally located on the northeast corner of S.H. 78 and E. Brown Street. (R.
011ie, Planning Director)
E. Consider, and act upon, approving a request for the Wylie East High School
Baseball Program to sell concessions and spirit wear at the Community Park during
a fundraising rag ball tournament on November 19th and 20th, 2010. (R. Diaz, Parks
and Rec Superintendent)
F. Consider, and act upon, Resolution No. 2010-35(R) authorizing the Mayor to
execute a letter to the Texas Commission on Environmental Quality in conjunction
with the North Texas Municipal Water District requesting a two-year extension for
compliance with the Stage 2 Disinfection Byproduct Rule. (M. Sferra, Public Services
Director)
REGULAR AGENDA
Public Hearings:
1. Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance
2001-48, Article 8, Section 8.5 (Certificates of Occupancy and Compliance); to
provide procedural regulations for certificate of occupancy requirements. ZC2010-
06 (Renae 011ie, Planning Director)
Executive Summary
Under Section 8.5.A Certificates of Occupancy and Compliance, the requirements for a certificate of
occupancy does not clearly state or imply that a CO is required for a change of ownership. In working with
several departments (Fire, Building, & Planning) it was determined that there is no firm legal standing to
require new commercial occupants to apply for Certificates of Occupancy when occupying an existing
facility. The language in the current ordinance addresses new construction or change of use. A major focus
of the change is to add the statement that Any change in ownership of an existing use requires a new
certificate of occupancy. Additionally, a new subsection has been included that addresses the procedure for
an existing building or space, by stating that it shall be unlawful to make any change in use, occupancy or
ownership of any existing structure and/or space for commercial purposes without first obtaining a CO
from the City of Wylie's Inspections Department.
November 09,2010 Wylie City Council Regular Meeting Agenda Page 3 of 4
2. Hold a Public Hearing and consider, and act upon, amending PD 2000-22B &
Concept Plan of the Estates of Creekside to decrease the front yard setback with the
purpose of increasing the width of the main collector road into the subdivision,
generally located south of Parker Road and approximately 1/2 mile west of Country
Club Road. ZC 2010-05 (Renae 011ie, Planning Director)
Executive Summary
The subject tract was part of a Planned Development approved on March 27, 2001 in order to develop a
master planned residential community. A Preliminary Plat has since expired and will be resubmitted in the
near future. The intent of the amendment is to increase the main north/south route to a collector street and
to add alleys to prevent any direct driveway access onto the collector. With these proposed additions, the
applicant cannot meet the language of PD 2000-22B that requires all garages to be side-loaded and a
minimum front yard setback of 30 feet for Tract A lots and 35 feet for Tract B lots.
3. Hold the first of two Public Hearings on the need to continue, abolish, or modify the
City of Wylie Juvenile Curfew Ordinance No. 2005-08.. (J.. Duscio, Chief of Police)
Executive Summary
The current Curfew Ordinance No.2005-08 requires PH/review every 3 years in order to abolish,modify,
or continue the ordinance. This ordinance gives officers a tool to reduce juvenile crime by specifying times
and locations where unsupervised juveniles under the age of 17 can be. Statistics have shown that when
unsupervised juveniles gather late at night they are at higher risk of becoming a victim of crime or
becoming involved in criminal activity. In 2009 Wylie officers issued 58 citations for curfew violations.
From January 1, 2010 to the date this report was completed, O,ctober 28, 2010, officers responded to 25
calls in regards to curfew violations and have issued 7 curfew citations.
General Business:
4. Consider, and act upon, Resolution 2010-36(R) authorizing the Wylie Economic
Development Corporation (WEDC) to enter into a Loan Agreement with American
National Bank in an amount not to exceed $5,000,000. (S. Satterwhite, WEDC)
Executive Summary
The WEDC Board of Directors are currently finalizing negotiations surrounding a Performance Agreement
and Lease. Further, the WEDC and Ascend are partnering in the purchase of 1.33 acres from Holland
Hitch which is required for the project. The WEDC is also finalizing AIA Agreements with Hill &
Wilkinson which will act as its general contractor and will have a full set of plans in approximately 30
days. The WEDC put out an RFP for financing of the project to six banks with local branches with
American National providing the most advantageous package. The WEDC is aggressively pursuing a loan
closing date of 11-19-10 for which this authorization is required. While the City Council will not be party
to the Performance Agreement or Lease, the WEDC will be presenting those documents for Council's
review at a future date.
5. Consider, and act upon, approval of Resolution 2010-37(R) recommending excess
funds from the FM 1378 — FM 544 to Brown Street project be re-allocated to the
FM 1378—Parker Road to Parker Road project. (C. Holsted, City Engineer)
Executive Summary
On October 26, 2010 Council approved an Interlocal Agreement with Collin County for funding
engineering services for FM 1378 from South Parker Road to North Parker Road. The attached Resolution
recommends that the excess funds from the FM 544 to Brown Street project be allocated for the
construction of this portion of FM 1378.
November 09,2010 Wylie City Council Regular Meeting Agenda Page 4 of 4
EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code,
to wit:
Section 551.072 (Real Property) of the Local Government Code, Vernon's Texas Code
Annotated(Open Meetings Act).
• Discuss Right of Way purchases on Brown Street from FM 1378 to Ballard Avenue.
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific
exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those
exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive
Session, will be taken and recorded in open session.
RECONVENE INTO REGULAR SESSION
Take any action as a result from Executive Session.
WORK SESSIONS
• Discussion regarding the move to the new Wylie Municipal Complex and
Dedication of the Building and Art Projects. (Mindy Manson, City Manager)
• Discuss and consider developing a Code of Conduct for elected officials,
appointed officials, and participants in public meetings. (Mindy Manson, City
Manager)
ADJOURNMENT
CERTIFICATION
I certify that this Notice of Meeting was posted on this 5th day of November, 2010 at 5:00 p.m. as required by law in
accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was
contacted. As a courtesy, this agenda is also posted on the City of Wylie webs ite: www.wylietexas.gov.
Carole Ehrlich,City Secretary Date Notice Removed
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 4, 2010 Item Number: Presentation
Department: Fire (City Secretary's Use Only)
Prepared By: Randy Corbin Account Code: N/A
Date Prepared: 11/4/2010 Budgeted Amount: $N/A
Exhibits: N/A
Subject
Reach For A Star-Presentation of Reach for a Star Tree.
Recommendation
Discussion
The employees of the City of Wylie will be presenting the 2010 Reach for a Star Program. The program
provides gifts for families whom are struggling financially. This year's program will be fulfilling Christmas
wishes for approximately 500 children and 195 families. Individuals may adopt a star from numerous trees
located throughout the city at local businesses or city hall. The program provides three gifts per child and gifts
for adopted stars should be returned to Fire Administration on or before December 14, 2010. Tonight at the
council meeting. Council members and the public are invited to adopt a star from the city's tree and make a
child's Christmas brighter this year.
Approved By
Initial Date
Department Director GRC 11-4-10
City Manager
Page 1 of 1
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 9, 2010 Item Number: Presentation
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: November 01, 2010 Budgeted Amount:
Exhibits:
Subject
Presentation and recognition of participants in the National Community Planning Month.
Recommendation
None
Discussion
In recognition of their involvement and willingness to participate in the City of Wylie's National Community
Planning Month (NCPM) the Planning Department humbly acknowledges our sincere appreciation to all those
that made this event special.
For the fourth consecutive year the Planning Department has recognized the month of October as National
Community Planning Month. With the support of the Council, Planning and Zoning Commission and the WISD
Administration, the Elementary art students have presented art work displaying their young artistic talents. This
year's theme was "My Favorite Place in Wylie".
We are thankful to Mr. Mike Lipe, Director of Fine Arts who spearheaded the coordination with the teachers. A
special thank you to the teachers who allowed us to be a part of their curriculum and to all the schools that
participated: Akin, Birmingham, Cox, Dodd, Groves, Hartman, Smith and Whitt.
Not only were we excited and fortunate to display 36 pieces of artwork, several staff members from various
departments participated in presentations to our elementary schools giving them an idea of how a city operates.
By bringing all these facets together truly makes WYLIE OUR FAVORITE PLACE.
Approved By
Initial Date
Department Director RO 11/01/10
City Manager AMA ((ild/0
Page 1 of 1
Wylie City Council
CITY OF WYLIE
Minutes
Wylie City Council Meeting
Tuesday, October 26, 2010 — 6:00 p.m.
Wylie Municipal Complex— Council Chambers
2000 Highway 78 North
CALL TO ORDER
Announce the presence of a Quorum.
Mayor Eric Hogue called the meeting to order at 6:13 p.m. with the following Wylie City Council
members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman
David Goss, Councilman Carter Porter, Councilman Rick White, and Councilman Bennie Jones.
Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters;
Planning Director, Renae' 011ie; Fire Chief, Randy Corbin; Finance Director, Linda Bantz; Police
Chief, John Duscio; Library Director, Rachel Orozco; City Engineer, Chris Hoisted; Human
Resource Manager, Lynn Fagerstrom; City Secretary, Carole Ehrlich; Public Information Officer,
Craig Kelly, and various support staff.
INVOCATION & PLEDGE OF ALLEGIANCE
Deacon Warner Washington gave the invocation and Cub Scout Troop 1492 presented the
colors and led the Pledge of Allegiance. Cub scouts present included: Noah Orta, Julius
Morrow, Andrew McLain, Alex Del Corral, and Riley Shook. Assistant leaders present included:
Mary Orta and Elzy Morrow.
PRESENTATION
• Presentation of 1st 6 Weeks Star Students - Character Trait of"Responsibility."
(E. Hogue, Mayor/Council)
Mayor Hogue and Mayor Pro Tern Byboth presented medallions to students demonstrating the
character trait of "Responsibility." Each six weeks one student from each WISD campus is
chosen as the "star student."
Minutes October 26, 2010
Wylie City Council
Page 1
• Anniversary presentations for years of service with the City for, Mindy Manson,
Gary Bailey and Chris Hoisted. (Mayor Hogue and City Council)
Mayor Hogue and the Wylie City Council honored three City of Wylie employees for reaching
milestones in service and dedication to the City of Wylie.
Chris Hoisted, City Engineer— 10 years of service
Gary Bailey, Utilities Supervisor— 15 years of service
Mindy Manson, City Manager— 15 years of service
• Presentation of a certificate from the Mayor to participants of the Wylie Flyers
Summer Track program who qualified for the Summer 2010 Texas Amateur
Athletic Federation State Track Meet. (Mayor Hogue and City Council)
Mayor Hogue presented certificates to the participants of the Wylie Flyers Summer Track
program who qualified for the Summer 2010 Texas Amateur Athletic Federation State Track
Meet held in Waco, Texas. Mayor Hogue recognized those that placed at the state competition.
• Proclamation presentation awarded to"That Wylie Band"whom received all 1's
at the UIL Region 25 Marching Contest for the 20th consecutive year. (Mayor
Hogue and City Council)
Mayor Hogue presented a proclamation designating October 26, 2010 as "That Wylie Band
Day." Members of the band and band directors were present to accept the proclamation.
CITIZENS COMMENTS ON NON-AGENDA ITEMS
Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their
name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not
allowed to converse, deliberate or take action on any matter presented during citizen participation.
Bobby Heath residing at 205 Arborview, Wylie, Texas, addressed council thanking them for the
improvements to the signage in the Downtown Historic District.
De De Burke residing at 1301 Aspen Lane, Wylie, Texas, addressed council asking for repairs
to the handicap ramp at Ballard and Oak Street. Mayor Hogue asked City Engineer Chris
Hoisted to address the issue with Ms. Burke.
CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by
one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed
from the Consent Agenda and will be considered separately.
A. Consider, and act upon, approval of the Minutes of the October 12, 2010 Regular
Meeting of the Wylie City Council. (C. Ehrlich, City Secretary)
B. Consider and place on file the City of Wylie Monthly Revenue and Expenditure
Report as of September 30th, 2010. (Linda Bantz, Finance Director)
C. Consider and place on file the City of Wylie Quarterly Investment Report for
September 30, 2010. (Linda Bantz, Finance Director)
Minutes October 26, 2010
Wylie City Council
Page 2
D. Consider and place on file the Wylie Economic Development Corporation Revenue
and Finance Report as of September 30th, 2010. (Sam Satterwhite, WEDC)
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to approve the
consent agenda as presented. A vote was taken and the motion passed 7-0.
REGULAR AGENDA
Tabled Item from 09/14/2010
Council Action
A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to remove
Item #1 from the table and consider. A vote was taken and the motion passed 7-0.
1. Consider, and act upon, amending Zoning Ordinance 2006-04, Article 5, Section
5.1.J (Accessory Uses); allowing for and providing certain safeguards relating to
Home Occupations. ZC2010-04. (Renae' 011ie, Planning Director)
Staff Comments
Planning Director 011ie addressed council stating that at its September 14th meeting it was directed by
Council to hold a joint work session with the Planning and Zoning Commission to further discuss
amendments to Section 5.1.J Accessory Uses, 9, as it relates to Home Occupations. 011ie explained that
as a result of the Joint Work Session held with P&Z, and valuable citizen input, direction from council was
to bring the tabled item back to the October 26, 2010 City Council meeting to determine the next course
of action.
Planning Director 011ie noted that the recommendation from staff was to re-table the item to the January
11, 2011 council meeting and remanded the item back to Planning and Zoning for further review.
Council Action
A motion was made by Councilman Spillyards, seconded by Mayor Pro Tern Byboth to re-table
consideration of amendments to Zoning Ordinance 2006-04, Article 5, Section 5.1.J (Accessory
Uses); allowing for and providing certain safeguards relating to Home Occupations (ZC 2010-
04) to the January 11, 2011 Wylie City Council meeting and remanded the item back to the
Planning and Zoning Commission for further review. A vote was taken and the motion passed 7-
0.
2. Consider, and act upon, Resolution 2010-33(R) authorizing the City Manager to
enter into a lease purchase contract with Chase Equipment Finance for the
purchase of cardio fitness equipment from Fitco for the new Wylie Recreation
Center. (Linda Bantz, Finance Director)
Staff Comments
Finance Director Bantz addressed council stating that staff has researched various options for cardio
fitness equipment for the new Wylie Recreation Center and determined the equipment from Fitco Fitness
Minutes October 26, 2010
Wylie City Council
Page 3
Center Outfitters to be the best option. This will include treadmills, elliptical cross trainers, recumbent
bikes, adaptive motion trainers, step mills, stair climbers, stair masters, rowing machines and spin bikes.
The equipment will cost $258,520 and the monthly payments will cost approximately $5,725 over a four
year period with an interest rate through Chase Equipment Finance of about 3.01%. She explained that
$75,000 was budgeted for FY 2010-11 to make these payments. Bantz noted that equipment was
purchased from the Buy Board under state contract. She stated that Recreation Supervisor Robert Diaz
was present to answer any questions regarding the equipment.
Council/Staff Discussion
Mayor Hogue asked Parks Supervisor Diaz how long the warranty would be provided for the equipment.
Mr. Diaz explained that the warranty was for one year but staff planned to budget maintenance funding
next year to continue the warranty.
Councilwoman Spillyards asked Mr. Diaz what the life expectancy was for the equipment. Mr. Diaz
replied that the equipment would last up to 10 years but staff planned to replace some of the equipment
as technology changed to stay up to date and competitive. He noted that the equipment would be owned
by the city at the end of the lease and that equipment would be kept as long as it was fully operational
and cost effective.
Council Action
A motion was made by Councilman Porter, seconded by Councilman White to adopt Resolution
No 2010-33(R) authorizing the City Manager to enter into a lease purchase contract with Chase
Equipment Finance for the purchase of cardio fitness equipment from Fitco in the amount of
$258,520 for the new Wylie Recreation Center. A vote was taken and the motion passed 7-0.
3. Consider, and act upon, Resolution 2010-34(R) authorizing the City Manager to
execute an Interlocal Agreement with Collin County concerning the design of FM
1378 from South Parker Road to North Parker Road. (Chris Hoisted, City Engineer)
Staff Comments
City Engineer Hoisted addressed council stating that the Interlocal Agreement would provide $100,000 for
the design of FM 1378 from the South Parker Road intersection to the North Parker Road intersection.
The projected engineering cost for the project is $231,600. The project includes approximately 900 linear
feet of 6-lane concrete roadway, underground storm drainage, signalization improvements, and the
possible relocation of a North Texas Municipal Water District 48" water transmission main. Projected
construction cost for the project is $2,300,000. Hoisted explained that after the agreement is approved by
Collin County, a proposal for engineering services will be presented for Council consideration.
Council Action
A motion was made by Councilman Goss, seconded by Councilman White to adopt Resolution
No. 2010-34(R) authorizing the City Manager authorizing the City Manager to execute an
Interlocal Agreement with Collin county concerning the design of FM 1378 from south Parker
Road to North Parker Road. A vote was taken and the motion passed 7-0.
WORK SESSION
• Discussion Regarding Project Update on the future FM 2514 (Parker Road)
from FM 2551 (Hogge Drive) to east of FM 1378 (Country Club Road)
Improvements. (Chris Hoisted, City Engineer)
Minutes October 26, 2010
Wylie City Council
Page 4
City Engineer Hoisted addressed council introducing Joe Carter representing Birkhoff,
Hendricks & Company L.L.P. and Tracy Homfeld, Collin County engineer.
Mr. Carter gave a short presentation regarding the alignment of the roadway indicating
a slight change in alignment from the original proposal. He explained that a shift in the
roadway alignment is from McCreary Road to FM 1378; the roadway was moved a few feet to
the north.
ADJOURNMENT
With no further business before the Wylie City Council, a motion was made by Councilman Porter,
seconded by Councilman White to adjourn the meeting at 7:45 p.m. A vote was taken and the
motion passed 7-0.
Eric Hogue, Mayor
ATTEST:
Carole Ehrlich, City Secretary
Minutes October 26, 2010
Wylie City Council
Page 5
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 9, 2010 Item Number: B.
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: October 25, 2010 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, approval for a Replat for Wyndham Estates Phase III. Subject property being currently
located at 204 and 206 Windco Circle.
Recommendation
Motion to approve a Replat for Wyndham Estates Phase III. Subject property being currently located at 204 and
206 Windco Circle.
Discussion
The property is currently two light industrial lots (20 and 21) of approximately 0.184 acres each. The replat
would create one light industrial lot (20R) using the totality of lots 20 and 21. The property is zoned Light
Industrial (LI) District and was originally platted in February 1986. Since that time several other lots in the
Addition have been replatted, resulting in combining and reconfiguring of the original 30+ lots.
This plat would allow for the building of a light industrial development as proposed on the site plan that was
approved by the Planning and Zoning Commission on October 19, 2010.
The Replat meets all the requirements of the City of Wylie.
Planning Commission voted 5-0 to recommend approval of the Replat.
Approved By
Initial Date
Department Director RO 10/25/10
City Manager rnm (1 /L1L J t 0
Page 1 of 1
OWNER'S CERTIFICATE SURVEYORS CERTIFICATION
rlLI STATE OF TEXAS COUNTY or OVAL E Pt this plat wes prepared from an actual rofessional
ey of the lend and that the
Ix E
r i wyiie,Electric,
Inc.is suand SurVeror,do hereby declare
pervision UT.1nce.the the platting Prrule.:na Piss.
under
of the City o
e'i part
a `�otysi ee'o •Si^•ntn sno.n tx.rnnn ..
WxEREAs edtric, t
JigI a an being all p n a Wylie,r, " " p 6 iiit an r.at e e. <n.iity oiownse.oconinB to the plat gin•r:oiarecoreeeain FOR r Pose.
ll A addition ins Dram wain County, Texas, .n° being more 1 1 p1 BE REVIEW PURPOSESFOR ANY PU THIS
. se
F,
described 'and bound.as 1 '" N0
aulas S.Loomis
rae.i .i- /- '� - particularly corner of said Lprsb.d by metes .ouws. e a for me southwest
•aieterep
� �� a a/0'i northwest
at said Wyndham Eetates,` o ess.onal Land 6u eyo No.5,8a
ot 21,the
exn mo.W. om cmcie P` Phase being in the deafright-Of-way line of Pint.Circle(w'P.O.W.l; GSTATE Of M,OF CAD E
lusmWr F.PAu sic wac.c.r.l wy m.. 1pnB st line of Lot t„D Ix a
mum said Lot 20 the southwest corner of Lot 0 said or a or e purposes an
LEGEND ) 1 -- Estates,Phase III, a`Wynen.m on this day personally appeared Douglas S.
known acknowledged f tg
oorthweet corner of
e,.,a r d s«a d 7—'1) - l conslinstra'eimn°ad der the authority therein.p eeeeed.
LOCATIONWggMAPth 89 53 02 a distance of 00 feet to a WV
ron or nor corner of GIVEN underr hand and seal or office to y ,D.
r,were MIMI° wew said Lot 1D,being in me west line of a 15•wide alley ri°t of way.
-saapmm.L,. re,n' in`zo,along 'west line of said Alley and. chiiefn,line of Said cad et .1 and
Notary Public for and m the State of Teens
N 45100'00.E ODD. menu owu,us r the southeast corner of said Lot 21 and the northeast corner
,uI simmers APPROVAL
Said wt zz, APPROVAL
,moo wxa.,mmm,mw lone the North line of saidof 22 aM the so Reww1END60 FOR APPROVAL
wre or less.BEGINNING an a'en L a distendo o0.3eo.oa feet Lt .d, na n.o m.n Date
Norm ee degrees w minutesdoom West, me
_�JI role OF containing+s,D,o square feet or Dwaine.drew or of n
Nap E moan°Conlsetm
OWNERS DEDICATION cityror vyue,re.ea
I I I I NM TxEREFORE,KNOW ALL MEN BY THESE PnESExrs:
I—-- -- -- ----I THAT a herein by to u<nor APPROVAL FOR CONSTRUCTION
•wumiueu oa.o ue r. `ur mt es officers,
FLMOetebEhpw ESTATES,PA pIII,ELOT 20tinprtn described,CiMayor,City .ae ate
Mu..O.e240 -11se
t The Street. are ae area Wylie, Texas, and does hereby dedicate,in fee simple, to ttm pniinr°..,` pr wyue,r
forever, the Wa. of eye shown thereon
I No°1buildings,fences,
,lteee Shrubs Or Otherlap rat"°ica`rowths`hs ACCEPTED
1 um ea
cumin p.Pace oL mad cr.l x - -- constructed a pray nts way be over Ce er S e pe emeents axed r eras mte
\�_ JJJ lanmufe In Deulecetl Sn LandaeapemEa hpcppprove0 Dy
Cloy " accommoe.dation
n h of wy11•,T
mile.▪ e"0t particular utiles ities,to
e° se bby mac
- -- o wylie's3ua public.Toe reigned^ city the wY w l.e Te.a y
�_— shall,ha orppta e6e OxAE E�wiE<,PHASE[i
I- -- -- °oor'parts`of Y se additionof p Wylie,the CNwas s the City
- improvements or nll and rt.
growthhsGewhich ma or y in theirciency of danger`or re with the
oreal �008detlicatlon c
/' W U construction, of:Ilia um TrO en systems
`l, by alley,parks.easements,
th in and upon said plat end said Council further authorized
«eemer r,vas me.N.ecc.,.1 w ea in d and
adding w ands or o note the acceptance thereofby signing e name es here.nabove
pup reading meters. all o` errthe al0ed.`
ICd.. ing, patrolling,
mespectiveg's
without the
ing Permission
Of
1--S firss'D_Ifio.00---rr qr p�
a=:> °n I 1T_ auxomc uxL - -- -- I YR�• resolutions of theeC subject r to.11eplatting Ordinances,rules,
regulations tr'ara WitnessSecretary .a.. day
ty of
Cit
unamBc c.r.Ir.PAx are. - L- ; z WITNESS, Y and at°Wylie,Temea,msssM Y 20,0. City of Wylie,T
--,.�,o'li „ I I ARTEx ELECTRIC,INC. AP ACCEPTED
w _
m n
vase m.hall e8nsiox
as.,,,W..00T1 —�- o 8I 1: '� PROVED AND
0 0
df o y pT avl,owN vrstn emss D,
I 80: "'1--- --TOIZNI Fie[T --- - . 1 keno..,r.Fxa esv.a..rcr.1 BY Nviyeplat
dlvlaidn nnul.tlnne turdln:nce"Mu.x0oa eith us;tlpn,.4fal pf the City of
J . ,w mm.p D 5 LOT a. (mi.)
z�I I mJ I STA• Tir FFinux j eubcepar- Date
\ 3 — —1 aerpre e e Planner
City
s. \ =f— \ the f aent'sk ' p me td teO tM .rpr the
_.. a.+-----i•---- Y4' des end and wlewed uthO r herein Y appeared
P.D.& N 88.50'20" 60.00 s purOwea `under the au 'upreeved."w
$CU r a,e,e.ee:�ii
Y "^err T4V,R1VE I Los R I w- `\ GIVEN mad r .m.m seal or office this v or NOTE and 00 1 m i,a:
rt A. ra I cum v P.P®eaxr®g.N'°a"xc.c.r.1 I E j0s® /) --I XoOry abut,
sate of re.es amlbuaeing perhste vm is.101,11 ie 11ne aim w1m0o1eina ni ut11i
\ I
--_ r COORDINATE NOTE
s.
\ I, dr ae cwrainmaesse1 Dat„ ,enu°d Coordinates,
Texas norm Central zoos,
\__` -I / I
Lai
i
V`x�«,°"\ I N / II �� 1 �� S
I
s.
\ `` I I OLi 9201g�
\ '-` FINAL PLAT ; "o Er+o
�� LOT 20R ,__.5.
WYNDHAM ESTATES PHASE III m',b a0th
BEING A REPLAT OF LOT 20 & 21 -lIy-
WYNDIIAM ESTATES, PHASE Ilf et i -
(CABINET F, PAGE 579, M.R.C.C.T.)
out of
FRANCISCO DE LA PINA SURVEY, ABSTRACT No. 600
CITY OF WYLIE, COLLIN COUNTY, TEXAS
aleres=Mu Dote of°osA mane"ux�ollxuTlox VE f w,n.u..MOM
'....4x ' neia,ao,o T `milifi00d2td«
..,.,.. WxE:r°Oi I 9mc /,6audE. I TOT. IW W Wi steal,'cmwx.ma«,d.Ca.
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 9, 2010 Item Number: C.
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: November 3, 2010 Budgeted Amount:
Exhibits: 1
Subject
•
Consider, and act upon, approval for a Replat for Holland Hitch Addition, Lots 1-R and 2R-1 creating two
industrial lots generally located on the southeast corner of S.H. 78 and Martinez Lane.
Recommendation
Motion to approve a Replat for Holland Hitch Addition, Lots 1-R and 2R-1 creating two industrial lots
generally located on the southeast corner of S.H. 78 and Martinez Lane.
Discussion
The property totals 30.98 acres and will create two (2) commercial/industrial lots. The property is zoned Light
Industrial (LI) District. Lot 1-R was platted in 2001 as the Holland Hitch Addition and has been operating as a
light industrial use since that time. Lot 2R-1 was previously part of the Premier Plaza Addition and was the
subject of a Replat in 2008.
The Wylie Mobile Home Park abuts the property to the north and is being used for residential manufactured
housing purposes. The Creek Bend Industrial Park abuts the subject property to the south, these properties are
zoned LI, and partially developed for light industrial uses. A 100-year flood plain and drainage area along the
eastern 1/4 (one-quarter) of the property separates adjacent Westwind Meadows No. 3 residential subdivision.
The flood plain area is heavily wooded with a natural stream running north and south.
The Replat is being created to incorporate 1.33 acres from Lot 1 of Holland Hitch Addition into Lot 2R of the
existing Premier Plaza Addition. A site plan has been submitted and will be considered by the Planning and
Zoning Commission on November 16, 2010.
The Replat complies with all applicable technical requirements of the City of Wylie.
Planning Commission voted 5-0 to recommend approval of the Replat.
Approved By
Initial Date
Department Director RO 11/03/10
City Manager Y°',V B` \ tl l tti
Page 1 of 1
GRAPHIC SCALE ow<reacgRnnCwre TaxnsS
S
WHERE. aE.nonie ArbpmeCo,Dwem am,sK-Mena Ina,a.tub wmn e•°an e ' ' °f + n F the D...Surrey.Ames.26T.. a of WA.Coin curdy,Texas. Bekaa ma.mdemp.0 Wurtva na..a.a+.Pd.In are lama se a Tug*,onnsaa Par lo•1..
I wrtm1 0 017.P. amp epos Ld.ane Helene HMAP....amain to Pe Ca of Ve..Tax..ate..tom pee pa to me let fa0.expose'Ted
..red me*n Varna N.Pe.by w Pe Men New.d Co.Canb.T•..n.CC,s.,a and somelet Bens Peen
e D. y�' N,a Cues?,m✓b wvair e+nYe+✓.dadr.e.p OfliCLs.rtlMad.. .33 Tree.m�eNuwe Waa�mr ..
r!'�p•C m warms o:w.aou �. c. Y�rc�M record.rrvwmmw ,> a rv^'u•ae�l.Maruma.eabw: cvn urarriv gum•ne aexllapee''.1..—'*'
nto.
�s " ma„dp+mn+ruond ne sex F.d
q�{���.�,� '�w.i`>�.:o.u°..o'. m .,Wwv• m•O nffoot wad Lot I,raeer�Poe.•Yo e+nvm wn.smrsd nw of M�N�aseueea+m
'1al Fr, _°a' Paper,CUTa,y.mam.da 01.vs Re No>taxvS nm Dew Records
B BA�oFFCal al�.� Er1- 89�J.TJ/E lllET , ex 8�19�E OflIC ye{ saw s"r THENCE sae r[,.p mrn.ewwcaY.P+Detr C<uwwn.a.a orlmwast.,e rn.s.Md n
K r,.a s_. aDvaxp ""_ �*T l,,I Texas, b° ..ma.»nvd"4`.n Mod 0Para,.n Pe w wtl.Fe
"^"a.'."..;d.� ear I r:;•J .yn Fe a tad Wre Mo.�He„a a. xaSa- °t°e.cap slarreed'spar surrey..ad atPe rm..come d.rem..porton d Pet same be.
.rbrea Nodded in
�1 j o A...n•ao -..� amr aMSen.n ! aaa. H 1 i1� .,,., see trn. .,d.anm Han Pea �..,M•> nnn mThnw 4...wonnaed
yHTS
�dnALL AEN m ea�SE n,lp .,W e,n m.,d.�.n..ydttl
wde,...ewl
J .,dam a--7- I Pgi'a m W. ne.ydwyb
1 9 na7� 7 cur_
vote dettp z n 1 "i Lot 1-R / 1 8� a.l.., ,w5 of land as...tied In deed to Benet.Cam Center of TX.Inc.re...re Volume 4021,n vrde w Re.e.Prot.Ad r ea w'°°w:.a tad
and
d. Wi" °� I II
y1 °�'- ne rE a •dens. a ern L
BI a%Ace i J� xce� ,
al »r �= / r ,"« -... Teals, ram„Amnl,..d Erna!mxwdvwuerd x,:.emP,Mmo.°rwlw. .ATE OP Ax§
COLIN,OP
TxExCEsntr2•.z Eeepaa. sad tract not am of s _
see Weeteand Meadome.1...32 feet to•102.011 en.fourd a the soalme•corner of ead Before me.the w.p.m.attroney,a Nancy Pd.al and Mr the
,on ttes day gerso..
-- --j �a�T' aex7,,,' 11 I_., �.,.. i Clyden+;Tao::�*. ..enetreo.edinedanec, nl«T. a,nm re s..toM.0.,an.ese Pregong et ameden. °w:e*toereM,:Ioa�Ddata,�>the
m as ii I a a .a c...,n.m bear,.ddr...tn._�.d m,o.
rP aaa ,`d I i I' �: 1 1 ... Peweerued to Milford
itch en.ssell plash cap earn.-Sgerr S..'1o.•....comer d•9.al PM es
-- Sum sal Z o-'- I ,/,_ 6wea awn
Wet
i l_ — tarr i µiv vent yam e.w ��1 use+ 1 I g THENCEA.• • '&Pe n...c we roa.°the ne.l e.g.
YID er LT,.
.e. \ I m a
2 i'/`� a.I i Ye.5a.riu.mwu
Jt I 1 as...a.m Fury I _Lot 1R.09.93 Yet rob et ......Naan spr.a.'tuimwtbs RECOMMENDED FOR NoPOVAL
tray No J Lol2R-I I --I._ I. ' Nano.0030
wM h, 1 r.a, 2z.2 Ace d.i n«a R x r THEN. .n n.s...n en,.wnorre
CC 'I1ats 1 i' ` awwn mp...tn.e..*astr men Plen...i.,m.nm..m oe
1 I i m ,a, TeERca mcmaE ttl..m't.n°asuen.,ada.e�„«aD .rnave.,n ym�,,•, APPROVED SOP CONSTRUCTION
.wr x 2,9,137
CONTAIN..30.99 wee of lane
1 F--8aP.9'S9'Tir 3zmP Is —•�, i i 01 i wen.T.REFORE.KNOW ALL MEN EnT1ESEPRESENTS •Y•,ca dw,ea r... a.
�z7 e M >w I I 11 be n bn AGMR.
" - rI' too .,.r =' �"At \ �.'— allay a Padda.m.dm edam p w�den Inc. n.emsc.eddpAA°y:
„may err ms� — r«,.�r. .»a--" 1!' ,wr ,.. era.to HITCH.me fon ,.1ot.goes anamerre.she. M.w.,,+re.w..T.,a D..
b w iere
o,.p o�tle«r fatkv wee .a°e pd.w buu`.s
x •
y,y__ w a Pend won set a
In
Lot ra • I ear e▪asements,apgroi/ed ben.L+r ceY WT.. °.w m.e° 0,.mlandscape
u
w°m 0..P•Pr"zao
I ....... ss
rr.I Ps. Du.. ., .a ..e t•te to Gay wrote n.d.t n.rawanA..I
:. •""°"., 1 ••°°- w.Ad m.d ,.a Lance w m.
.a.a
oattr ram, i� win Ca WN,w cry WYM la,.....,,.am
n•.e.a wr,
__ a7"° I ..faea7" L_ Ilf ° wcc!`'w. any cgawwe,m beat a e . Iey. `aas dove 77,71 Se to.in and upon said peit..1 sael Coulee ArPer ..re.Pa Maya to note the
drl% "` - - I Ton _ holdings,any...re eth.con...on made..a decency of thee...en..systems,n a a...res. leas..MP.b spa.as name.nennae subarea..
_ I _ _ i_m �vr ca a IA, Mrm
ingress
to or
Dear
— -I n SSVA51'lY-Y1CC4rr pans d nee M..a systms..M the
l w 0,�___ __. _ — am. n«eaea+nY.aDaumA Pexm.onhamerRma n..teconstruelng nape... roen Wn.a rww Pe day of
--.__- ° rr '°" '' . ,a.<o' 1
y741,4spewed weed.el plebng ordrninc.nu.a..A0.twa tee lesdd..or 1.e.yof W,.e w
aI' wrxEssmyna.den,. dad on saw. ..
B.• TABLESM.P.I. (- — fi x,r20
CURVE TABLES INF T i
lA rre°a It,e
r
ARMc *w °5 mi I r
a.A LB /e .... L. a1. .une
Corp..
Bk
,DPDkuS§ HOLLAND HITCH ADDITION
LOTS 1 RN end 2R-1
d....•n,vw.c n an IN n.Sun•d Texas on mnry e roma. BflnL A and x
�'eedA.a Amen to u.t he be m.•wparm ne a°Mamemie the purpose te.anw.anae LOT 2R
PREMIER PLAZA
d.reneme... Volume 2010,Page 240
GA.w•mar.mem awl d dace..Ps.--day 0 mm. LOT I
HOLLAND HITCH ADDITION
Volume N.Page 2$7
Map Records Collin County,Texas
u' 75.. u' ae E e. WConL awnBEING SIVA• I I
me steed Teem syr.. E.C. DAVIDSON SURVEY.D ABSTRACT N0. 267
11YLIE
1 on .nru Mpa .n x.e.s.uw arenet flume.. COI.CITY OF IN COUNTY,TEXAS
B.O s./CAO
BB.B. SParr Surveys
P •sex Yfl[!!' w.+ f8)@ cmwxm,¢ um O O C= 09' k.etc n552 c 721
L wPu ai um OCIOB2R 20 MO A. 44-2Texas 7
C(Zlr)Sa.-339)
WI) 7-5 75.3
(Y`.3 su A., 774..177..i.na. .w.,rnun a .m tl x sw.a•LM. e,w mm,«m
JOH HO 16905E
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 9, 2010 Item Number: D.
Department: Planning
(City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: November 3, 2010 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, approval for a Final Plat for SH 78 RaceTrac Addition, creating a single lot, generally
located on the northeast corner of S.H. 78 and E. Brown Street.
Recommendation
Motion to approve a Final Plat for SH 78 RaceTrac Addition, creating a single lot, generally located on the
northeast corner of S.H. 78 and E. Brown Street.
Discussion
Owner: Ladylike Shop, Inc. Applicant: RaceTrac/Spiars Engineering
The subject property is located at the northeast corner of S.H. 78 and E. Brown Street and consists of 2.772
acres. The property is zoned Commercial Corridor and was the subject of a zoning case approved in September
2010. Prior to the rezoning the property was used for warehousing/self-storage purposes. A Site Plan was
approved by the Planning and Zoning Commission on November 2, 2010. FEMA Floodplain Zone "AE" runs
along the northern property line and includes a heavily vegetated tree line. No structures will be located in the
floodplain.
The Final Plat establishes property boundaries and shall dedicate a 24' fire lane and access easement as well as
water easements throughout the property, in addition to right-of-way dedication for Brown Street,
The Final Plat complies with all applicable technical requirements of the City of Wylie.
Planning Commission voted 5-0 to recommend approval of the Replat.
Approved By
Initial Date
Department Director RO 11/ 3/1
City Manager t,I Y , (( / LJ10
Page 1 of 1
LAM Mr VACANT
I Approximate Limits of / lb
V.N \
FEMA Floodploin Zone ��AE" n.otleeual / IsrrE s�
(ai ' �®
// -:ROYM n o l 20 w
. fReadplrn
il
_ —.. Tz
_ _ ;77
> N m
F o�ce� h� _ ._ _. Pe La Pina Survey—Abstract No.688 _�/ /
�yr De, / 1 Ir ___ ///�
.____
_\,___,
1 __,,
qr, Easemeat, \\
1 I' II BY `pat `�� ^?,\ (BY ThaPot)//
I I \3�,,3,. //
1 1 5=E I /
I�'m I ltle Vol.Ladylke,Shop.Inc. \ 1�c�\`c.y" / < taa q.�.�+v xaatelu
3 a Jai
Y
o R /
p _ N LOT I,BLOCK 1 / /
2 ♦N _ `_/ 120,179 59.F7./2.759 Ac. / • ,, V'
•
.4 I __ _ / / o><T
1 r
I --1 //fiff
' _ /,
t` I I , LSD `\ `•\
-W I �N
, "' �a g
/ // . .` w .4.r..ur2naaaw //
// / �Q /•tip / \ \
Ya1 ,-/K ,
v e0e � ` / ��� ' Qa``
m
gt
�Z _/ . \ 5XEET 1 OF 2
, ../ / \ \
+ �.y._ \r� �h FINAL P,0
A T
�C9Y \PCNNT OF (./'...1 use,\ AeF�'Yp.aw •'�\ �p�;. 78 RACETRAC ADDITION
BEGINNING
2 xov 9 z zoia LOT 7, BLOCK 1 IC
e \*J� / \ Br —— 2.759 ACRE TRACT ales rzeia
,/ \ ,› /
\ situated in the ay
/ \ OE LA PINA SURVEY •� ABSTRA
K. CITY OF WYLIE, COLLIN COUNTY, TEXAS
40 /', \ m Aem 4anz del Elwln•er/Sura
/ .. \ howl Ma.rove-..4 9�ir7A7a'a`. • era ironn W•Y. 1Te Loa�lk•Shw•Inc. eaaura PraprtNe Spbe ErgY.wlnq•Inc.
�< `� eta'„^�'••z3 P.O.Bo.St6 Sz25 C=7, BIK n al.E,'R990.SUR•t00
e / L� OC
`� 5075
Ye"TK).2 Atlanta.GA 30339 Plena Texas 22-0"""a.,"I..�.n""".aw
' lreen`e.nn..a . ,,,,,,�me h. �y"'�"' ^' rr.Pnon•(9>z)eaz-suz rr.Pn •Cno)wsi->eoo Telephone(c>z)a2z-oo»
(teyIee�rra Contact Tr.*Hane9> Contact Kevin Veer
}vem s w*AY.NM 1Y lar wee aat
`� Sere re30 S•atwnb•r 2010
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 9, 2010 Item Number: E.
Division: Parks and Recreation
(City Secretary's Use Only)
Prepared By: Robert Diaz Account Code:
Date Prepared: October 27, 2010 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, approving a request for the Wylie East High School Baseball Program to sell
concessions and spirit wear at Community Park during a fundraising ragball tournament on November 19th and
20th, 2010.
Recommendation
Motion to approve the request for the Wylie East High School Baseball Program to sell concessions and spirit
wear at Community Park during a fundraising ragball tournament on November 19th and 20th, 2010.
Discussion
The Wylie East High School Baseball Program would like to have a fundraising "ragball" tournament at
Community Park on November 19 and 20, 2010. Funds that are raised from tournament fees, concessions, and
spirit wear sales would benefit the Wylie East Baseball Program.
The Parks and Recreation Board approved the Wylie East Baseball Program request at their October 25, 2010
regular meeting.
Approved By
Initial Date
Department Director RD 1 l/09/ 010
City Manager Mk HIO
Page 1 of 1
PARKS AND R1 S i I \
800-C Thomas Street,Wylie,TX 75098
CITY O WYLiii 972.442.8195
1
VENDOR REGISTRATION
Group,Organization, Individual,etc,
Name Phone Number
Wylie East High School Baseball Program 972-429-3150 mm
Address Alternate Phone Number
3000 Wylie East Dr 1214-280-7406 o
City/State/Zip E-mail eµ
Wylie,Texas 75098 Lisa.black@bankofamerica.com
Contact Person Name Phone Number
Lisa Black and/or Heath Andrews 214-280-7406 or 972-765-5916
Address Alternate Phone Number
Lake
317 Parke La .. ....w�..�..,_ _ .�...w�..�. .�..,...,-_-�.m, 1 972 429 6051
City/State/Zip Email
Wylie,Texas 75098 I Lisa black@bank of america.com
Emergency Contact Name Phone Number
Heath Andrews xw m 972-765-5919
Address Alternate Phone Number
3000 Wylie East Dr
City/State/Zip E-mail
Wylie,Texas 75098 leath.andrews@wylieisd.net
Event Information
Location Date(s)
Community Park Baseball Fields November 9 and 20`n
Number of Individuals Vending Items Start Time End Time
15 Set up 4:30 Clean up 9:00
Anticipated Number in Attendance Event Target Audience
300ish Baseball parents and kids in the Community
Specific Items to be Sold
The vender will be selling Spirit wear for Wylie East High School-items include jewelry,t shirts,sweat shirts and pants, blankets etc.
We will also have a concession stand providing hot dogs, hot links,hamburgers, popcorn, peanuts, chips,candy and drinks.
NOTE:
The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park,recreation,community center facilities and
other facilities.If food is prepared on-site or off-site and brought to the location to be sold,the vendor must contact the City Inspections Office
(972.442.8150)in order to obtain a Health Permit prior to the sale of such products.An Inspector must examine the food preparation and food
storage equipment to assure the health and safety of customers.
Section 78-150 of the City Code of Ordinances states:It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold
drinks,cigars,tobaccos,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation
or community center facility;provided,however,that this section shall not apply to any person,organizations,firms or corporations,or the agents
of any person,or organization,firm or corporation,or employees of any person who are recommended by the parks and recreation board and
approved by the city council to operate a concession or concessions for the sale of specified goods,or wares and merchandise within the city park
or recreation or community center facilities of the city.
ItAt Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 9, 2010 Item Number: F.
Department: Public Services (City Secretary's Use Only)
Prepared By: Mike Sferra Account Code:
Date Prepared: October 27, 2010 Budgeted Amount:
Resolution, Letter,
Exhibits: Information Packet
Subject
Consider, and act upon, Resolution No. 2010-35(R) authorizing the Mayor to execute a letter to the Texas
Commission on Environmental Quality in conjunction with the North Texas Municipal Water District
requesting a two-year extension for compliance with the Stage 2 Disinfection Byproduct Rule.
Recommendation
Motion to approve Resolution No. 2010-35(R) authorizing the Mayor to execute a letter to the Texas
Commission on Environmental Quality in conjunction with the North Texas Municipal Water District
requesting a two-year extension for compliance with the Stage 2 Disinfection Byproduct Rule.
Discussion
The North Texas Municipal Water District is in the process of awarding and constructing ozonation facilities at
its Wylie water treatment facility. These facilities will allow NTMWD to provide higher quality and better
tasting water as well as meet impending regulatory requirements for disinfection byproducts.
The Safe Drinking Water Act (the "SDWA") limits the amount of disinfection byproducts that are allowable in
finished drinking water. Regulations addressing these limitations require compliance with new standards
beginning April 2012.
NTMWD staff, its consultants, and legal counsel have met with staff of the Texas Commission of
Environmental Quality ("TCEQ") to address the timing of construction activities at the ozonation facilities with
the imposition of the new SDWA limitation for disinfection byproducts. There are provisions under the SDWA
to allow for an extension of the time to demonstrate compliance based upon, among other things, significant
capital improvements. The NTMWD ozone project is estimated to cost approximately $158 million and take up
to three years to complete, not until April 2014. TCEQ staff has verbally confirmed that their situation would
qualify for a waiver for impending compliance under the SDWA.
NTMWD intends to submit a request to TCEQ for an extension of the deadline for compliance under the
SDWA. Since Wylie is a customer of the NTMWD and is also under the same SDWA requirements regarding
disinfection byproducts, the City of Wylie must also participate in the request for an extension. Otherwise,
individual relief for the City may not be granted, and we could be subject to noncompliance and potential
enforcement by the TCEQ in the event of a disinfection byproduct exceedance under the SDWA.
Page 1 of 2
Page 2 of 2
Approved By
Initial Date
Department Director MS 10-27-10
City Manager OR I I iittlO
RESOLUTION NO. 2010-35(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MAYOR OF THE CITY
OF WYLIE, TEXAS TO EXECUTE A LETTER TO THE TEXAS
COMMISSION ON ENVIRONMENTAL QUALITY IN CONJUNCTION
WITH THE NORHT TEXAS MUNICIPAL WATER DISTRICT
REQUESTING A TWO-YEAR EXTENSION FOR COMPLIANCE WITH
THE STAGE 2 DISINFECTION BYPRODUCT RULE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The Mayor of the City of Wylie, Texas, is hereby authorized to execute, on
behalf of the City Council of the City of Wylie, Texas, a letter to the Texas Commission on
Environmental Quality in conjunction with the North Texas Municipal Water District requesting
a two-year extension for compliance with the Stage 2 Disinfection Byproduct Rule.
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APRPOVED by the City Council of the City of Wylie, Texas on
this the 9th day of November, 2010.
Eric Hogue, Mayor
ATTEST TO:
Carole Ehrlich, City Secretary
Resolution No.2010-35(R)
TCEQ&NTMWD
Stage 2 Disinfection Byproduct Rule
Our Mission... 71V
...to be responsible stewards of the public trust,
to strive for excellence In public service, and to CITY OF WYL1E
enhance the quality of life for all.
PU131..1<:SEavtets
November 9, 2010
Ms. Alicia Diehl(MC 155)
Texas Commission on Environmental Quality
P.O. Box 13087
Bldg. F, 3rd Floor
Austin,TX 78711-3087
Re: Extension Request for Stage 2 Disinfection Byproduct Rule
The City of Wylie: PWSID No. 0430011
Dear Ms. Diehl:
This letter is submitted on behalf of the City of Wylie, in conjunction with North Texas Municipal Water
District(the"District"),to request an additional two(2)years to comply with the Stage 2 Disinfection Byproducts
Requirements,Title 40, Part 141, Subpart V (the"DBP2 Rule"). The City of Wylie is a wholesale potable water
supply customer of the District and has an existing contract under which the District supplies potable water to the
City of Wylie.
Because the City of Wylie is a customer of the District,the City of Wylie's compliance with the DBP2
Rule is largely dependent on the District's compliance with same. In order for the District to comply with the
DBP2 Rule, and likewise for the City of Wylie to comply,the District must construct capital improvements at its
Wylie Water Treatment Plant. Given the nature,complexity, and costs associated with the District's capital
improvements,the District will not be able to complete these capital improvements until April 2014,and
therefore,neither the District nor the City of Wylie will be able to comply with the April 1, 2012 deadline for
compliance with the DBP2 Rule.
Pursuant to Title 42, Section 300g-1(b)(1)of the United States Code,the state"may allow up to two(2)
additional years to comply with a maximum contaminant level or treatment technique if the...State(in the case of
an individual system)determines that additional time is necessary for capital improvements." Based on the
District's aforementioned capital improvements,the City of Wylie, in conjunction with the District,requests that
TCEQ grant two(2)additional years to complete such improvements in order to comply with the DBP2 Rule,
thereby extending the City of Wylie's compliance deadline with the DBP2 Rule to April, 2014.
The City of Wylie looks forward to working with you to address this request for an extension of the
deadline to comply with the DBP2 Rule. If you have any questions regarding this request,please do not hesitate
to contact me at your earliest convenience.
Sincerely,
Eric Hogue,Mayor
cc: Mr.Mike Rickman
Mr. Dolan McKnight
Mr. Ted Kilpatrick
Mr. Bob Reeves
Mr. David Timmerman
2000 I Iighway 78 North,t ylie,Texas 75098 • 972.442.8100
I__11J\Ji1 816 Congress Avenue,Suite 1900
Austin,Texas 78701
��,,
Gosselink Telephone(512)322-5800
Facsimile:(512)472-0532
�l,17 ATTORNEYS AT LAW�.,t r, www.lglavvfirm.com
OZONE PROJECT
DISINFECTION BYPRODUCT RULE COMPLIANCE
MATERIALS INCLUDED IN PACKAGE
1. Explanation Letter from NTMWD
This letter explains why NTMWD is requesting that all Member Cities and Customers
execute a letter to the TCEQ. A copy of the letter template is also included in this packet.
2. Utility Specific Letter to TCEQ
Please execute this letter to TCEQ from your organization (on letterhead) and return the
original by December 1,2010 to:
CDenise Hickey
orth Texas Municipal Water District
P.O. Box 2408
Wylie,TX 75098
For a Word version of this letter, please e-mail bcastleberrvWRlawfirm.com
3. Engineering Study Results
This is a reference piece only. It does identifies the technical basis for the request to
TCEQ.
4. Portions of Applicable Rules
This is a reference piece only. It includes the rules applicable for a Public Water System.
TIMEFRAME FOR SUBMITTING TO TCEQ
1. Member City and Customer Briefing Meeting 9/21/10
2. Utility Review/Discussion 11/1/10
3. Submit Request Letter to NTMWD* 12/1/10
4. NTMWD Submit Package to TCEQ 1/1/11
5. TCEQ Approval 6/1/11
*It is important that we send all Member City and Customer
letters together from NTMWD to the TCEQ.
PLEASE DO NOT SEND LETTER DIRECTLY TO TCEQ*
Lloyd Gosselink Rochelle &Townsend, P.C.
twoomonmer
NORTH TEXAS MUNICIPAL
WATER DISTRICT
Regional Service Through Unity
September 21,2010
NTMWD Member Cities and Customers
Re: Safe Drinking Water Act Compliance
Dear NTWMD Member City and Customer Representative:
As you may know, the North Texas Municipal Water District ("NTMWD") is in the
process of awarding and constructing ozonation facilities at its Wylie water treatment
facility located in Wylie. These facilities will allow NTMWD to provide higher quality
and better tasting water as well as meet impending regulatory requirements for
disinfection byproducts.
The Safe Drinking Water Act(the"SDWA")limits the amount of disinfection byproducts
that are allowable in finished drinking water. Regulations addressing these limitations
require compliance with new standards beginning April 2012.
NTMWD staff, its consultants, and legal counsel have met with staff for the Texas
Commission on Environmental Quality ("TCEQ") to address the timing of construction
activities at the ozonation facilities with the imposition of the new SDWA limitations for
disinfection byproducts. There are provisions under the SDWA to allow for an extension
of time to demonstrate compliance based upon, among other things, significant capital
improvements. The NTMWD ozone project is estimated to cost approximately $158
million and take up to three years to complete, not until April 2014.TCEQ staff has
verbally confirmed that our situation would qualify for a waiver for impending
compliance under the SDWA.
Enclosed are materials that NTMWD intends to submit to TCEQ requesting an extension
for compliance under the SDWA.As you will see, there is a form letter for you to execute
requesting this extension for your Public Water System ("PWS"). This letter was
prepared for your system because TCEQ cannot grant an extension for a PWS without a
request from its individual authorized representative. While NTMWD staff will be
compiling all documentation and submitting all materials to TCEQ to secure this
extension, it needs your letter to be included in its submittal; otherwise, individual relief
may not be granted to your individual PWS, and you may be subject to noncompliance
and potential enforcement by TCEQ in the event of a disinfection byproduct exceedance
under the SDWA.
505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972J295-6440
September 21,2010
Page 2
We hope this letter, and the enclosed materials, answer any questions that you may have
regarding the issue of SDWA compliance for disinfection byproducts.NTMWD strives to
continue to provide clean, safe drinking water for you and your customers, and to do so
without any real or perceived concerns with compliance under the SDWA. As such, we
request you have the enclosed letter executed and returned to December 1, 2010 so we
may transmit all materials to TCEQ in a timely manner.
Should you have any questions regarding this letter or the enclosed materials,please feel
free to call Denise Hickey at 972/442-5405 at your convenience.
Sincerely,
AMES M.PARKS
\GANla
Executive Director
cc: Mr.Mike Rickman
Ms.Denise Hickey
Mr.Ted Kilpatrick
Mr.Dolan McKnight
Mr.David Timmerman
Mr.Brad B.Castleberry
,2010
Ms.Alicia Diehl(MC 155)
Texas Commission on Environmental Quality
P.O.Box 13087
Bldg.F, 3rd Floor
Austin,TX 78711-3087
Re: Extension Request for Stage 2 Disinfection Byproduct Rule
the City of Wylie: PWSID No.0430011
Dear Ms.Diehl:
This letter is submitted on behalf of the City of Wylie, in conjunction with North Texas
Municipal Water District (the "District"), to request an additional two (2) years to comply with
the Stage 2 Disinfection Byproducts Requirements, Title 40, Part 141, Subpart V (the "DBP2
Rule"). the City of Wylie is a wholesale potable water supply customer of the District and has
an existing contract under which the District supplies potable water to the City of Wylie.
Because the City of Wylie is a customer of the District, the City of Wylie's compliance
with the DBP2 Rule is largely dependent on the District's compliance with same. In order for
the District to comply with the DBP2 Rule, and likewise for the City of Wylie to comply, the
District must construct capital improvements at its Wylie Water Treatment Plant. Given the
nature, complexity, and costs associated with the District's capital improvements, the District
will not be able to complete these capital improvements until April 2014, and therefore, neither
the District nor the City of Wylie will be able to comply with the April 1, 2012 deadline for
compliance with the DBP2 Rule.
Pursuant to Title 42, Section 300g-1(b)(l) of the United States Code, the state "may
allow up to two (2) additional years to comply with a maximum contaminant level or treatment
technique if the...State (in the case of an individual system) determines that additional time is
necessary for capital improvements." Based on the District's aforementioned capital
improvements,the City of Wylie, in conjunction with the District, requests that TCEQ grant two
(2) additional years to complete such improvements in order to comply with the DBP2 Rule,
thereby extending the the City of Wylie's compliance deadline with the DBP2 Rule to April 1,
2014.
the City of Wylie looks forward to working with you to address this request for an
extension of the deadline to comply with the DBP2 Rule. If you have any questions regarding
this request, please do not hesitate to contact me at your earliest convenience.
Sincerely,
Eric Hogue
Mayor
cc: Mr.Mike Rickman
Mr.Dolan McKnight
Mr.Ted Kilpatrick
Mr.Bob Reeves
Mr.David Timmermann
BLACK&VEATCH
MEMORANDUM
North Texas Municipal Water District B&V Project 165366
Wylie WTP B&V File 32.1030
TCEQ DBP Testing Protocol May 19, 2010
To: Dolan McKnight
From: Jeff Neemann
Nick Burns
Ben Klayman
Reviewed: David Timmermann
The North Texas Municipal Water District(District) is in the final engineering stage for
the addition of ozone to the Wylie Water Treatment Plant(WTP) facilities. Intermediate
ozonation has been setec ted with a disinfection ozone dose of 2 mg/L and a taste and
odor ozone dose of 4 mg/L. TCEQ has requested additional disi nfection byproduct
formation testing to support the request for a Stage 2 D/DBP extension. Therefore, an
additional short term pilot test is planned to determine the difference in DBP formation of
the current and the proposed process. T he existing pilot plant at the Wylie WTP will be
used to conduct the testing. The pilot plant consists of a pre-ozone contactor, rapid mix,
3-stage flocculation, intermediate ozone contactor, and three dual m edia filters.
Pilot Setup and Conditions
Chlorine Dioxide dose Similar to full-scale
Ferric dose Similar to full-scale
Ozone dose 2 mg/L
Filter#1 Previous Wylie Media
Filter#2 "New"Bonham GAC Media
Filter#3 Previous GAC Media
Pretest Conditions
Prior to starting the testing, the filters should be fed ozonated water(about 2 mg/L ozone
dose)and run at a low filtration rate (2 gpm/sf) for several days to redevelop some of the
biological activity. The filters should be backwashed as needed depending upon the
flow rate and headloss accumulation. The exact operating conditions of the pilot are not
critical, other than to get ozonated water flowing through the filters.
NTMWD Wylie WTP
TCEQ DBP Testing Protocol 1
Simulated Distribution System(SDS)Testing
To develop a comparison of pilot performance to the current full-scale performance, SDS
testing will be run on the pilot plant effluent and the full-scale effluent. A full-scale
sample should be collected after ammonia is added for chloramine formation at Plant II.
The free chlorine contact time at each of the plants was evaluated and it was determined
that after implementing ozone, each of the plants at design conditions will have about 2
minutes or less of free chlorine contact time. Therefore,to simulate average future
conditions, the SDS samples should have a 5 minute free chlorine contact time followed
by the addition of ammonia.
The pilot plant sample should be collected from Filter#1 and use the following SDS
method:
1. 2 L of a filtered sample will be brought to the room temperature.
2. The pH of the filtered water will be adjusted to 7.5 with caustic.
3. Sodium hypochlorite will be added to produce a 3 rng/L free chlorine residual
after 5 minutes of contact time.
4. At 5 minutes, one set of TTHM and HAA5 samples will be poured off. Then the
pH and free chlorine residual w ill be measured.
5. Ammonia will be added at a 5:1 chlorine to am monia ratio to convert the sample
to chloramines.
6. The sample will be poured into five 250 mL amber bottles(pretreated to be
chlorine demand-free) and stored at room temperature. Each bottle will be
opened at the corn pletion of its intended holding tirn e.
7. TTHM and HAA5 samples will be held for desired holding time following the
addition of ammonia.
8. At the end of each holding time(3 days, 9 days, 14 days), one of the bottles will
be opened and TTHM and then HAA5 samples willl be poured off. The remaining
volume will be analyzed for total chlorine residual and pH.
9. TTHM and HAA5 samples will be forwarded for analyses to the third party
laboratory.
The SDS method for the full-scale samples is as follows:
1. 2 L of a full-scale sample should be collected just downstream of the ammonia
addition point.
2. One set of TTHM and HAA5 samples should be poured off. Then the pH and
total chlorine residual will be measured.
3. The sample will be poured into five 250 mL amber bottles (pretreated to be
chlorine demand-free) and stored at room temperature. Each bottle will be
opened at the completion of its intended holding time.
4. TTHM and HAA5 samples will be held for desired holding time following the
addition of ammonia.
5. At the end of each holding time(3 days, 9 days, 14 days), one of the bottles will
be opened and TTHM and then HAA5 samples will be poured off. The remaining
volume will be analyzed for total chlorine residual and pH.
6. TTHM and HAA5 samples will be forwarded for analyses to the third party
laboratory.
NTMWD Wylie WTP
TCEQ DBP Testing Protocol 2
BLACK&VEATCH
MEMORANDUM
North Texas Municipal Water District B&V Project 165366
Wylie WTP B&V File 32.1030
TCEQ DBP Testing Results July 21, 2010
To: Dolan McKnight
From: Jeff Neemann
Nick Bums
Ben Klayman
Reviewed: David Timmermanf
The North Texas Municipal Water District's (District) is requesting a 2 year extension for
compliance with the Stage 2 Disinfectants/Disinfection Byproducts(D/DBP)
requirements due to the significant capital expenditures and time required to construct
new ozonation facilities at their Wylie water treatment facility. Intermediate ozonation
has been selected with a disinfection ozone dose of 2 mg/L and a taste and odor ozone
dose of 4 mg/L. In initial discussions with the Texas Commission on Environmental
Quality (TCEQ), the TCEQ requested additional disinfection byproduct(DBP)formation
testing be performed to support the request for a Stage 2 D/DBP extension. TCEQ
requested that a simulated distribution system(SDS)test be performed to determine the
difference in disinfection byproduct(DB P)formation between the current and the
proposed process. Therefore, a short term pilot test was conducted Sample holding
times of 3,9, and 14 days were selected to replicate the 3 days of residence time in the
NTMWD system, the 6 days of residence time in the"worst case"customer system, and
then an additional 5 days as another data point. The residence time in the NTMWD
system was determined by tracking free chlorine in a free chlorine burnout in February
2010. The residence time in the"worst case"customer system was determined through
system knowledge and hydraulic modeling by the District's transmission system
hydraulic modeling consultant.
The following memorandum presents the results of the DBP Testing.
Pilot Testing Conditions
The existing pilot plant at the Wylie WTP was used to conduct the testing and was
operated to simulate the proposed process. The pilot plant consists of preoxidation with
chlorine dioxide, rapid mix,3-stage flocculation, sedimentation, intermediate ozone
contactor, and dual media filters run as biological filters. The detailed testing protocol
has been included as Attachment A. A summary of the testing conditions is shown in
Table 1.
NTMWD Wylie WTP
SDS DBP Testing Results i
Table 1.Pilot Test Conditions
Chlorine dioxide dose, mg/L 0.75
Ferric sulfate dose, mg/L as Fe 16
Settled water pH 6.52
Settled water turbidity, NTU 0.535
Intermediate ozone dose, mg/L 1.9
Filter loading rate, gpm/sf 6
Simulated Distribution System Testing Results
To develop a comparison of the current and proposed process performance, SDS
testing was conducted on the pilot plant effluent and the full-scale effluent. A full-scale
sample was collected on June 9th after ammonia was added for chloramine formation at
Plant II. A pilot plant sample was also collected on June 9th from the effluent of pilot
plant Filter No 1. The pH of the pilot plant sample was adjusted with sodium hydroxide,
free chlorine was added and allowed to react for 5 minutes, then ammonia was added to
the sample for chloramine formation. Both samples were analyzed for the concentration
of total trihalomethanes(TTHM)and haloacetic acids(HAA5)after 0, 3, 9, and 14 days
(Figure 1). The zero day pilot HAA5 and the 9 day full-scale HAA5 samples were below
the detection limit. While the zero day pilot HAA5 sample was likely a very low
concentration,the 9 day full-scale HAA5 sample was likely due to sampling or analytical
error. The total chlorine concentration and pH value w ere also measured at the same
time intervals(Figure 2).
35
■Full-Scale TTHM
30 --
❑Full-Scale HAA5
♦Pilot TTHM
n, A Pilot HAA5 ■
a 25
c
4-2
m ■ O
20
w
U
O
15 -
s10
= p r 5A �0
0 2 4 6 8 10 12 14 16
Holding Time,days
Figure 1. Disinfection Byproduct Concentrations with Holding Time
NTMWD Wylie WTP
SDS DBP Testing Results 2
•
3.5 9.1
—A---Full-Scale Total Chlorine
3 8.8
—�--Pilot Total Chlorine
\ - IS- Full-Scale pH
2.5 -- 8.5
- 0- Pilot pH
'as
ai 2 — — .._.________ ` 8.2 0
o
fa
= 1.5 — - " - - - - - - - - - -a"_ __ 7.9 a
U
-o
I-- 10 - - -- - 7.6
0.5 -- 7.3
0 , P 7
0 2 4 6 8 10 12 14 16
Holding Time,days
Figure 2.Total Chlorine Concentrations and pH Values with Holding Time
Conclusions
Conclusions from the testing are as follows:
■ The proposed process resulted in TTHM and HAA5 concentrations that were 50
percent and 70 percent less than the concentrations from the current process,
respectively.
• When compared to the current process,the proposed process showed similar
rate of TTHM and HAA5 formation from the initial sample to the 14 day sample.
• The proposed process had similar total chlorine decay and pH values when
compared to the current process.
NTMWD Wylie WTP
SDS DBP Testing Results 3
Attachment A
Pilot Testing Protocol
NTMWD Wylie WTP
SDS DBP Testing Results 4
Environmental Protection Agency §141.620
(3) Existing subpart L average rest- terly, you must schedule subpart V
dence time compliance monitoring 10- compliance monitoring at a regular
cation (maximum residence time corn- frequency of every 90 days or fewer.
pliance monitoring location for ground En FR 483,Jan.9,2006,as amended at 74 FR
water systems) with the highest HAAS 30958,June 29,2009)
LRAA not previously selected as a sub-
part V monitoring location.(4) Location highest
terg
Disinfection
LRAA not previously selected as u Byproducts Requirements
part V monitoring location.
(5) Location with the highest TTHM Sousca.71 FR 488,Jan.4,2006,unleae oth-
LRAA not previously selected as a sub- erwise noted.
part V monitoring location.
(6) Location with the highest HAAS *141.620 General requirements.
LRAA not previously selected as a sub (a)General. The requirements of sub-
part V monitoring location. part V of this part constitute national
(7) Existing subpart L average reel-
primary drinking water regulations.
dence time compliance monitoring lo-
cation The regulations in this subpart estab-
(maximum residence time corn- lish monitoring and other require-
water systems)
withing location highestg for ground ments for achieving compliance with
systems) the a sub-HM maximum contaminant levels based on
LRAA not previously selected as a sub locational running annual averages
part V Locationmonitring location. (LRAA) for total trihalomethanes
(8) ot with the highest - (TTHM) and haloacetic acids
LRAA monitoringt previously ationted as a sub- (five)(HAA5), and for achieving oomph-
(d)part V You location. ance with maximum residual disinfect-
maythos recommendp perr locations ant residuals for chlorine and chlor-
other than section specified you in include
a ra- amine for certain consecutive systems.
(c) of this if you include a ra-
tionale for selecting other locations.If (b)these requirementspplApplicability.
ou are
ssutem into
the State approves the alternate loca-
tions, you must monitor at these loca- community water system or a nontran-
tions to determine compliance under sient noncommunity water system
subpart V of this part. that uses a primary or residual dis-
(e)Your recommended schedule must inf otant other than ultraviolet delivers water that has been treatedight
include subpart V monitoring during or
the peak historical month for TTHM with a primary or residual disinfectant
and HAA5 concentration, unless the other than ultraviolet light.
State approves another month. Once (c) Schedule. You must comply with
you have identified the peak historical the requirements in this subpart on the
month, and if you are required to con- schedule in the following table based
duct routine monitoring at least quer- on your system type.
ti you are this type of system You must comply with subpart V monitoring by:
Systems that ere not part of a combined distribution system and systems that serve VN largest population in the
combined distribution system
(1)System serving 5 100,000 April 1,2012.
(2)System wing 50.000-09,999...._..............._ October 1.2012.
(3)System salving 10,000-49.999....... ..... October 1,2013.
(4)System serving<10,000 October 1, 2013 i1 no CryDsospor+dfurm monitoring is required under
§141.701(a)(4)or
October 1, 2014 a Cryplospaldhrm monitoring Is required under
§141.7011014)or(a)(6)
Other systems that me part at a combined distribution system
(5)Consenr9ve system or wholesale system --at le tine asion he p
with the earliest aomuunce date In the
combined
sys
+The State may grans up to an additional 24 months tor comp ancs with MCts and operational evaluation levels I you towhe
capital Improvements to comply with an MCL
595
§141.621 40 CFR Ch.1(7-1-10 Edition)
(6) Your monitoring frequency is does not exceed the MCL. If you fail to
specified in§141.621(a)(2). complete four consecutive quarters of
(i) If you are required to conduct monitoring, you must calculate corn-
quarterly monitoring, you must begin pliance with the MCL based on the av-
monitoring in the first full calendar erage of the available data from the
quarter that includes the compliance most recent four quarters. If you take
date in the table in this paragraph(c). more than one sample per quarter at a
(i1) If you are required to conduct monitoring location, you must average
monitoring at a frequency that is less all samples taken in the quarter at
than quarterly, you must begin moni- that location to determine a quarterly
toring in the calendar month rec- average to be used in the LRAA cal-
ommended in the IDSE report prepared avers ciliation.
under §141.601 or §141.602 or the cal- (2) Systems required to monitor yearly
ender month identified vein the subpartn or less frequently. To determine oomph-
§141.622V monitoring plan developed under ante with subpart V MCLs in
later d than 12 months after 141.64(b)(2), you must determine that
the compliance date in this table. §
(7) If you are required to conduct each sample taken is less than the
quarterly monitoring, you must make MCL. If any sample Glees the MCL,the
compliance calculations at the end of you must comply
the fourth calendar quarter that fol- ments of§141.625. If no sample exceeds
lows the compliance date and at the the MCL, the sample result for each
end of each subsequent quarter(or ear- monitoring location is considered the
liar if the LRAA calculated based on LRAA for that monitoring location.
fewer than four quarters of data would (e) Violation. You are in violation of
cause the MCL to be exceeded regard- the monitoring requirements for each
less of the monitoring results of subse- quarter that a monitoring result would
quent quarters). If you are required to be used in calculating an LRAA if you
conduct monitoring at a frequency fail to monitor.
that is less than quarterly, you must
make compliance calculations begin- re,.1 FR 488, Jan. 4, 2006;71 FR 4648, Jan. 27,
ning with the first compliance sample 20061
taken after the compliance date.
(8)For the purpose of the schedule in 1141.621 Routine monitoring.
this paragraph (c), the State may de- (a)Monitoring.(1)If you submitted an
termine that the combined distribution IDSE report, you must begin moni-
system does not include certain con- tering at the locations and months you
secutive systems based on factors such have recommended in your IDSE report
as receiving water from a wholesale submitted under §141.605 following the
system only on an emergency basis or schedule in§141.620(c),unless the State
receiving only a small percentage and requires other locations or additional
small volume of water from a whole-
locations after its review. If you sub-
sale system.The State may also deterater- mitred a 40/30 certification under
mine that the combined distribution 141.603 or you qualified for a very
system does not include certain whole- small system waiver under §141.604 or
sale systems waterbased to a a consecutive factors such sys-a you are a nontransient noncommunity
tern only
y on an emergency basis or de-
water system serving<10,000, you must
livering only a small percentage and monitor at the location(s) and dates
small volume of water to a consecutive identified
In
updatedyourmonitoringas rn plan ibn
system.
(d)Monitoring and compliance—(1)Sys- §1(2) ou must monitor at no fewer
622.
terns required to monitor quarterly. To
comply with subpart V MCLe in than the number of locations identified
§141.64(b)(2). you must calculate in this paragraph(a)(2).
LRAAs for TTHM and HAA5 using
monitoring results collected under this •
subpart and determine that each LRAA
596
Environmental Protection Agency §141.622
Distribution
Monitoring Fre- system mono
Source water type Population size category �ency, toting location
total per son i.
taring period2 -
Subpart H:
<500 . per year 2
500-3.300 per quarter 2
3,301-9,999 per quarter............... 2
10,000-49,999 per quarter 4
50.000-249,999 per quarter......_._.... 8
250,000-999,9.39 per quarter.............. 12
1,000,000-4,999,999 per quarter 16
2 5,000,000 per quaver 20
Ground Water:
<500 2
..............._.................._._................_. per year
500-9,999 Per Yeer 2
10,000-99,999 per quarter 4
100,000-499,999 per quarter 6
a 500,000 per quarter_........._.. 6
r All systems must monitor during month of highest D8P concerllrations.
°Systems an quarterly monitoring must take dual sample cats every 90 days at each monitoring location,except tar subpart H
systems serving 500-3,300.Ground water systems serving 500-9,999 on annual monionng must take dual sample sets at each
monItaMnkgtg location.Al other syste s on annual monlodrg and subpart H systems.serving 500-3,300 are required to take iM.
vyual TTHIA and HAAS samples(i(instead of a dual sample sot)al the locations with late highest TTHM and HAAS concentra-
tions,respectively.For ayysteme sewing fewer than Soo people,only one location wIth a duel sample set per monitoring period is
needed it ate highest TTHM and HAAS concemreWns occur at Its.same location and month.
(3)If you are an undisinfected system (iv) Monitoring plans for any other
that begins using a disinfectant other systems in the combined distribution
than UV light after the dates in sub- system if the State has reduced moni-
part U of this part for complying with Goring requirements under the State
the initial Distribution System Eval- authority in§142.16(m).
uation requirements,you must consult (2)If you were not required to submit
with the State to identify compliance an IDSE report under either§141.601 or
monitoring locations for this subpart. §141.602, and you do not have sufficient
You must then develop a monitoring subpart L monitoring locations to
plan under §141.622 that includes those identify the required number of sub-
monitoring locations, part V compliance monitoring loco-
. (b) Analytical methods. You must use tions indicated in§141.605(b), you must
an approved method listed in §141.131 identify additional locations by alter-
for TTHM and HAAS analyses in this nating selection of locations rep-
subpart. Analyses must be conducted resenting high TTHM levels and high
by laboratories that have received cer- HAAS levels until the required number
tification by EPA or the State as apeci- of compliance monitoring locations
fied in§141.131. have been identified. You must also
[71 FR 488,Jan.4,2006,as amended at 74 FR provide the rationale for identifying
30958,June 29,2009] the locations as having high levels of
TTHM or HAA5. If you have more sub-
§141.622 Subpart V monitoring plan. part L monitoring locations than re-
, (a)(1) You must develop and imple- quired for subpart V compliance moni-
ment a monitoring plan to be kept on toning in§141.605(b), you must identify
file for State and public review. The which locations you will use for sub-
monitoring plan must contain the ele- part V compliance monitoring by alter-
ments in paragraphs (a)(1)(i) through nating selection of locations rep-
(a)(1)(iv) of this section and be corn- resenting high TTHM levels and high
plate no later than the date you con- HAAS levels until the required number
duct your initial monitoring under this of subpart V compliance monitoring lo-
subpart. cations have been identified.
(i)Monitoring locations; (b) if you are a subpart H system
(li)Monitoring dates; serving>3,300 people,you must submit
(iii) Compliance calculation proce- a copy of your monitoring plan to the
dures;and State prior to the date you conduct
597
§141.623 40 CFR Ch.I(7-1-10 Edition)
your initial monitoring under this sub- serving>3,300 people, you must submit
part, unless your IDSE report sub- a copy of your modified monitoring
mitted under subpart U of this part plan to the State prior to the data you
contains all the information required are required to comply with the revised
by this section. monitoring plan.
(c) You may revise your monitoring 14L623 Reduced monitoring.
plan to reflect changes in treatment,
distribution system operations and lay- (a) You may reduce monitoring to
out (including new service areas), or the level specified in the table in this
other factors that may affect TTHM or paragraph (a) any time the LRAA is
HAA5 formation, or for State-approved 50.040 mg/L for TTHM and 50.030 mg/L
reasons, after consultation with the for HAA5 at all monitoring locations.
State regarding the need for changes You may only use data collected under
and the appropriateness of changes. If the provisions of this subpart or sub-
you change monitoring locations, you part L of this part to qualify for re-
must replace existing compliance mon- duced monitoring. In addition, the
itoring locations with the lowest source water annual average TOC level,
LRAA with new locations that reflect before any treatment, must be 54.0 mg/
the current distribution system loca- I,at each treatment plant treating sur-
tions with expected high TTHM or face water or ground water under the
HAA5 levels. The State may also re- direct influence of surface water,based
quire modifications in your monitoring on monitoring conducted under either
plan. If you are a subpart H system §141.132(b)(1)(ili)or§141.132(d).
Moraloting pislrbutlon system monitoring location per
Source water hype SPopulation
ea try i monitoring period
Subpar H:
<500 mastorthg may nor be reduced.
500-3,300 per year 1 lo-
cation�tduring the quarter HAM same's:one a with the
highest TTHM single measurement.one at
the location and dating the quarter with the
highest HMS single measurement:I dual
sample sot per year it the highest TTHM
and HAA5 measurements occured at the
same location and quarter.
3.301-9.999 per year 2 dual sample sets:one at the location and
during the quarter with the highest TTHM
single measurement,one at the location
and during one quarter with the highest
HMS single measurement.
10,000-49.999 per quarter 2 dual sample sets at the locations with the
highest TTHM and highest HAA5 LRAAs.
50,000- per quarter......... ...... 4 dual sample sets—et the locations with the
249,999 - two highest TTHM and two highest HAM
LHAAs.
250,000- per quarter 6 dual sample sets—el the locations wdh the
999.999 three highest TTHM and three highest
HAM LRAM.
1,000,000- per quads( B dual sample sets—at the locations with the
4,999,989 lour highest TTHM and low highest HAAS
LRMs.
25,000,000 par quarter 10 dual sample sets—at the locatiaw with
the live highest TTHM and live highest
HAAS t.RAAs.
Ground Water:
<500 every third year 1 TTHM and I HAA5 sample:one at the lo-
cation and during the quarter with the
highest TTHM single measurement,one at
the location and during the quarter with the
highest HAA5 single measurement t dual
sample set per year a the highest TTHM
and HAA5 measurements occurred at the
same location and quarter.
598
Environmental Protection Agency §141.625
Population Monitoring Distrbution system monitoring location per
type
Source waterMitt category frequency' montonng period
500-9.999 per year I TTHM and 1 HAM sample:one at the lo-
cation and during the quarter with the
highest TTHM single measurement,one at
the location and during the quarter with the
highest HAA5 single measurement 1 dual
sample set par year t the highest TTHM
and HAM measurements occurred at the
same location and quarter.
10,000-99,999 per year 2 dual sample sets:one at the location and
during the quarter with the highest TTHM
single measurement,one at the location
and during to quarter with the highest
HM5 single measurement.
100,000- per quarter 2 duel sample sets:at Me locations with the
499,999 highest TTHM and highest HAM LRAAs.
2 500,000 per quarter 4 dial sample sets al to locations with the
two highest TTHM and two highest HAM
LRAAs.
Systems on quarterly monitoring must take dual sample sets every 90 days.
(b)You may remain on reduced moni- water that has been treated with a pri-
toring as long as the TTHM LRAA mary or residual disinfectant other
50.040 mg/L and the HAAS LRAA 50.030 than ultraviolet light, you must com-
mg/L at each monitoring location (for ply with analytical and monitoring re-
systems with quarterly reduced moni- quirements for chlorine and
Loring) or each TTHM sample 50.060 chloramines in §141.131 (c) and
mg/L and each HAAS sample 50.045 mg/ §141.132(c)(1) and the compliance re-
L(for systems with annual or less fre- quirements in §141.133(c)(1) beginning
quent monitoring). In addition, the April 1, 2009, unless required earlier by
source water annual average TOC level, the State, and report monitoring re-
before any treatment, must be 54.0 mg/ sults under§141.134(c).
L at each treatment plant treating sur-
face water or ground water under the *141.625 Conditions requiring in-
direct influence of surface water, based creased monitoring.
on monitoring conducted under either (a) If you are required to monitor at
§141.132(bX1)(iii)or§141.132(d). a particular location annually or leas
(0) If the LRAA based on quarterly frequently than annually under§141.621
monitoring at any monitoring location or §141.623, you must increase moni-
exceeds either 0.040 mg(L for TTHM or Loring to dual sample sets once per
0.030 mg/L for HAAS or if the annual(or quarter(taken every 90 days) at all lo-
less frequent) sample at any location cations if a TTHM sample is >0.080 mg/
exceeds either 0.060 mg/L for TTHM or L or a HAAS sample is >0.060 mg/L at
0.045 mg/L for HAA5, or if the source any location.
water annual average TOC level, before (b) You are in violation of the MCL
any treatment, >4.0 mg/L at any treat- when the LRAA exceeds the subpart V
ment plant treating surface water or MCLs in §141.64(b)(2), calculated based
ground water under the direct influ- on four consecutive quarters of moni-
ence of surface water,you must resume toring (or the LRAA calculated based
routine monitoring under §141.621 or on fewer than four quarters of data if
begin increased monitoring if §141.625 the MCL would be exceeded regardless
applies. of the monitoring results of subsequent
(d) The State may return your sys- quarters). You are in violation of the
tem to routine monitoring at the monitoring requirements for each
State's discretion. quarter that a monitoring result would
be used in calculating an LRAA if you
§141.624 Additional requirements for fail to monitor.
consecutive systems. (c) You may return to routine moni-
If you are a consecutive system that toting once you have conducted in-
does not add a disinfectant but delivers creased monitoring for at least four
599
•
§141.626 40 CFR Ch.I(7-1-10 Edition)
consecutive quarters and the LRAA for §141.620(c) for compliance with this
every monitoring location is 0.060 mg/ subpart only if you qualify for a 40/30
L for TTHM and 5.0.045 mg/L for HAAS. certification under §141.603 or have re-
ceived a very small system waiver
§141.826 Operational evaluation 1ev- under §141.604, plus you meet the re-
els. duced monitoring criteria in
(a) You have exceeded the oper- §141.623(a), and you do not change or
ational evaluation level at any moni- add monitoring locations from those
toring location where the sum of the used for compliance monitoring under
two previous quarters' TTHM results subpart L of this part. If your moni-
plus twice the current quarter's TTHM toring locations under this subpart dif-
result, divided by 4 to determine an av- fer from your monitoring locations
erage, exceeds 0.080 mg/L, or where the under subpart L of this part, you may
sum of the two previous quarters' not remain on reduced monitoring
HAAS results plus twice the current after the dates identified in §141.620(c)
quarter's HAAS result, divided by 4 to for compliance with this subpart.
determine an average,exceeds 0.060 mg/ §141.628 Requirements for remaining
L(b)(1) If you exceed the operational on increased TTHM and HAAS mon•itoring based on subpart L results.
evaluation level, you must conduct an If you were on increased monitoring
writeoperationalreport evaluationfthe laua submit a under §141.132(b)(1), you must remain
written of evaluation to the
State no later than 90 days after being on increased monitoring until you
notified of the analytical result that qualify for a return to routine moni-
causes you to exceed the operational taring under§141.625(c). You must con-
evaluation level. The written report duct increased monitoring under
must be made available to the public §141.625 at the monitoring locations in
upon request. the monitoring plan developed under
(2)Your operational evaluation must §141.622 beginning at the date identi-
include an examination of system fled in §141.620(c) for compliance with
treatment and distribution operational this subpart and remain on increased
practices, including storage tank oper- monitoring until you qualify for a re-
ations, excess storage capacity, dis- turn to routine monitoring under
tribution system flushing, changes in §141.625(c).
sources or source water quality, and 6141.828 Reporting and recordkeeping
treatment changes or problems that requirements.
may contribute to TTHM and HAA5
formation and what steps could be con- (a)Reporting. (1)You must report the
sidered to minimize future following information for each moni-
exceedences. toring location to the State within 10
(1) You may request and the State days of the end of any quarter in which
may allow you to limit the scope of monitoring is required:
your evaluation if you are able to iden- (i) Number of samples taken during
tify the cause of the operational oval- the last quarter.
nation level exceedanee. (ii) Date and results of each sample
(ii)Your request to limit the scope of taken during the last quarter.
the evaluation does not extend the (iii) Arithmetic average of quarterly
schedule in paragraph(b)(1)of this sec- results for the last four quarters for
tion for submitting the written report. each monitoring location (LRAA), be-
The State must approve this limited ginning at the end of the fourth cal-
scope of evaluation in writing and you endsr ce dquarter e and ath t follows
end s the o each oomph-
must keep that approval with the corn- aquent quarter. If the LRAA calculated
platedetedreport. based on fewer than four quarters of
§141.827 Requirements for remaining data would cause the MCL to be ex-
on reduced 1TIHK and HAA5 moni• ceeded regardless of the monitoring re-
toring based on subpart L results. sults of subsequent quarters, you must
You may remain on reduced moni- report this information to the State as
toring after the dates identified In part of the first report due following
600
Environmental Protection Agency §141.700
the compliance date or anytime there- GENERAL.REQUIREMENTS
after that this determination is made. §141.700 General requirements.
If you are required to conduct moni-
toring at a frequency that is less than (a) The requirements of this subpart
quarterly, you must make compliance W are national primary drinking water
calculations beginning with the first regulations. The regulations in this
compliance sample taken after the subpart establish or extend treatment
compliance date, unless you are re- technique requirements in lieu of max-
quired to conduct increased monitoring imum contaminant levels for
under§141.625_ Cryptosporidium. These requirements
(iv) Whether, based on §141.64(b)(2) are in addition to requirements for fil-
tration and disinfection in subparts H,
and this subpart, the MCL was violated P.and T of this part.
at any monitoring location. (b) Applicability. The requirements of
(v)Any operational evaluation levels this subpart apply to all subpart H sys-
that were exceeded during the quarter terns, which are public water systems
and, if so, the location and date, and supplied by a surface water source and
the calculated TTHM and HAA5 levels. public water systems supplied by a
(2) If you are a subpart H system ground water source under the direct
seeking to qualify for or remain on re- influence of surface water.
duced TTHM/HAA5 monitoring, you (1) Wholesale systems, as defined in
must report the following source water §141.2, must comply with the require-
TOC information for each treatment ments of this subpart based on the pop-
plant that treats surface water or ulation of the largest system in the
ground water under the direct influ- combined distribution system.
ence of surface water to the State (2) The requirements of this subpart
within 10 days of the end of any quarter for filtered systems apply to systems
in which monitoring is required: required by National Primary Drinking
(i) The number of source water TOC Water Regulations to provide filtration
samples taken each month during last treatment, whether or not the system
quarter. is currently operating a filtration sys-
(ii)The date and result of each sam- tem.
(3) The requirements of this subpart
pie taken during last quarter.
for unfiltered systems apply only to
(iii)The quarterly average of month-
unfiltered systems that timely met and
ly samples taken during last quarter or continue to meet the filtration avoid-
the result of the quarterly sample. ance criteria in subparts H, P,and T of
(iv) The running annual average this part,as applicable.
(RAA) of quarterly averages from the (c) Requirements. Systems subject to
past four quarters. this subpart must comply with the fol-
(v)Whether the RAA exceeded 9.0 mg/ lowing requirements:
L. (1) Systems must conduct an initial
(3)The State may choose to perform and a second round of source water
calculations and determine whether monitoring for each plant that treats a
the MCL was exceeded or the system is surface water or GWUDI source. This
eligible for reduced monitoring in lieu monitoring may include sampling for
of having the system report that infor- Cryptosporidium. E. coli, and turbidity
mation as described in §§141.701 through
(b) Record keeping. You must retain 141.706,to determine what level, if any,
any subpart V monitoring plans and of additional Cryptosporidium treat-
your subpart V monitoring results as ment they must provide.
required by§141.33. (2) Systems that plan to make a sig-
nificant change to their disinfection
pro-
Subpart W—Enhanced Treatment practice calculateac elop disinfectiondoion rfiles and bench-
for Cryptosporidium marks, as described in §§141.708
through 141.709.
Soo:71 FR 769,Jan.5,2006,unless oth- thetheirPiltered systems Cryptosportdium must
treatment mine
bin
erwfee ae noted.
601
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 9, 2010 Item Number: 1
(City Secretary's Use Only)
Department: Planning
Prepared By: Renae' 011ie Account Code:
Date Prepared: October 25, 2010 Budgeted Amount:
Exhibits: 1
Subject
Hold a Public Hearing and consider, and act upon, amending Zoning Ordinance 2001-48, Article 8, Section 8.5
(Certificates of Occupancy and Compliance); to provide procedural regulations for certificate of occupancy
requirements. ZC2010-06
Recommendation
Motion to approve amending regulations to Zoning Ordinance 2001-48, Article 8, Section 8.5 (Certificates of
Occupancy and Compliance); to provide procedural regulations for certificate of occupancy requirements.
ZC2010-06
Discussion
Under Section 8.5.A Certificates of Occupancy and Compliance, the requirements for a certificate of
occupancy does not clearly state or imply that a CO is required for a change of ownership. In working with
several departments (Fire, Building, & Planning) it was determined that there is no firm legal standing to
require new commercial occupants to apply for Certificates of Occupancy when occupying an existing facility.
The language in the current ordinance addresses new construction or change of use.
Through a course of meetings and dialogue, it has been determined that the best way to address these issues is
to draft a text amendment to implement the necessary changes. The implementation process also includes
making revisions to the existing CO application and Issuance Procedures handled by the Building Department.
A major focus of the change is to add the statement that Any change in ownership of an existing use requires a
new certificate of occupancy. Additionally, a new subsection has been included that addresses the procedure for
an existing building or space, by stating that it shall be unlawful to make any change in use, occupancy or
ownership of any existing structure and/or space for commercial purposes without first obtaining a CO from the
City of Wylie's Inspections Department.
Planning Commission Discussion
Commissioners asked for clarification as to what initiates a new CO, whether it is a change in ownership and/or
a change in use. Staff stated that the proposed change to the Ordinance affects change of ownership and does
not make any changes to the current regulations of a change of use. Also discussed, were types of hardships that
would allow an owner to continue under the same code without having to forego major remodeling expenses.
The Commission voted 5-0 to recommend approval of the proposed amendment.
Page 1 of 1
Page 2 of 2
Approved By
Initial Date
Department Director RO 10/ 9/10
City Manager Ain 1i /ic
tl
CI��WYLIE Zoning Ordinance
SECTION 8.5 CERTIFICATES OF OCCUPANCY AND COMPLIANCE
A. Certificate of Occupancy Required
No use, or change of use, shall take place until a Certificate of Occupancy has been issued by the
Building Official. Certificates of Occupancy shall be required for any of the following:
1. Occupancy and use or occupant of a building erected or structurally altered.
2. Change in use or occupant of an existing building to a use of a different classification.
3. Occupancy and use of vacant land, except for an agricultural use.
4. Change in the use of land to a use of a different classification.
5. Any change in the use or occupant of a nonconforming use.
6. Any change in ownership of an existing use.
B. Procedure for New or Altered Buildings
Written application for a Certificate of Occupancy for a new building or for an existing building
which is to be altered shall be made at the same time as the application for the building permit for the
building. The certificate shall be issued within 10 days after a written request for the certificate has
been made to the Building Official or his or her agent after the approved and accepted erection or
alteration of the building that has been completed in conformity with the provisions of this ordinance.
C. Procedure for an existing building or space.
It shall be unlawful to make any change in the use, occupancy or ownership of any existing structure
and/or space to be used for a commercial purpose without obtaining a certificate of occupancy from
the City of Wylie Inspections Department, prior to any release of utilities (electrical, gas or water)
being approved by the City of Wylie Building Official or the Inspections Department. If there is no
change within the use group classification by the new OCCUPANT of any existing structure to be
used for a commercial purpose, the existing off-street parking requirements shall be deemed to be
adequate in accordance with Article 9 Nonconforming Uses and Structures. A certificate of
occupancy shall be approved only after application is made and all codes deemed in compliance after
inspection by the building official, the fire marshal, and the planning department or designated
representatives thereof. Certain business establishments may require health department approvals or
separate permits prior to operation. Such certifications shall be indicative that the structure or space
meets the intent of the provisions of law governing building regulations for the purposed new
OCCUPANT or occupancy classification and that such change does not result in any greater hazard
to the public safety or welfare.
D. Procedure for Vacant Land or a Change in Use
Written application for a Certificate of Occupancy for the use of vacant land, or for a change in the
use of land or a building, or for a change in a nonconforming use, as provided in this ordinance, shall
be made to the Building Official. If the proposed use is in conformity with the provisions of this
ordinance, the Certificate of Occupancy shall be issued within 10 days after the application for the
certificate was made if the applicant satisfies the provisions of the building code, fire laws and other
pertinent ordinances of the City and identified code compliance requirements as determined by the
City of Wylie Planning,Building,Code,and Fire Marshal representatives.
E. Contents
Page 1
CiTvF WYLIE Zoning Ordinance
r
Every Certificate of Occupancy shall state that the building or the proposed use of the building
or land complies with the provisions of the building code, fire laws and other pertinent
ordinances of the City. A record of all certificates of occupancy shall be kept on file in the
office of the Building Official or his or her agent and copies shall be furnished on request by
any person having proprietary or tenancy interest in the building or land affected.
F. Temporary Certificate
Pending the issuance of a regular certificate, a temporary Certificate of Occupancy may be issued by
the Building Official for a period not exceeding six months, during the completion of alterations or
during partial occupancy of a building pending its completion. The temporary certificates shall not be
construed as in any way altering the respective rights, duties, or obligations of the owners or of the
City relating to the use or occupancy of the premises or any other matter covered by this ordinance.
G. Certificates for Nonconforming Uses
A Certificate of Occupancy for all nonconforming uses is required by Article 9, Section 9.3.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES Page 2
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 9, 2010 Item Number: 2.
Department: Planning (City Secretary's Use Only)
Prepared By: Renae' 011ie Account Code:
Date Prepared: October 25, 2010 Budgeted Amount:
Exhibits: 1
Subject
Hold a Public Hearing and consider, and act upon, amending PD 2000-22B & Concept Plan of the Estates of
Creekside to decrease the front yard setback with the purpose of increasing the width of the main collector road
into the subdivision, generally located south of Parker Road and approximately V2 mile west of Country Club
Road. ZC 2010-05
Recommendation
Motion to TABLE to the December 14, 2010 meeting. ZC2010-06
Discussion
Owner: Gary DeFrain, Campbell Wylie Partners Applicant: Campbell Wylie Partners
The subject tract was part of a Planned Development approved on March 27, 2001 in order to develop a master
planned residential community. A Preliminary Plat has since expired and will be resubmitted in the near future.
The intent of the amendment is to increase the main north/south route to a collector street and to add alleys to
prevent any direct driveway access onto the collector. With these proposed additions, the applicant cannot meet
the language of PD 2000-22B that requires all garages to be side-loaded and a minimum front yard setback of
30 feet for Tract A lots and 35 feet for Tract B lots.
The owner/applicant is requesting that the front yard minimum setback be reduced to 25' for Tract A lots, and
30' for Tract B lots. The requested reduction is in conformance with the current SF-10/24 zoning district front
building line of 25'.
Nine (9) notifications were mailed to property owners within 200 feet in accordance with State Law. As of
October 14, 2010 no responses were received regarding the requested zoning amendment.
Planning Commission Discussion
After this item had been posted announcing the P&Z meeting, the applicant asked to table to allow time to
present the proposed parkland dedication to the Parks Board. The Parks Board met on October 25th and voted to
table the item until its November 15th meeting to allow additional time to work out connectivity issues for the
proposed trail.
The Commission voted 5-0 to table the request until November 16th and will forward a recommendation to
Council on December 14th
Page 1 of 2
Page 2 of 2
Approved By
Initial Date
Department Director ROPA
10/27/10
City Manager /"t 0
F u✓Li,d— -FF.—
Yv.
ti ..., 1 v411 r_swa..fr. v,(.......:1
7, sop.1..4 61a4.1..p.),) va-s.....p..-
o . H �� I ala: I T s i:`I l r___I ", ; i r M p ="n 7. .. ..,
..- b-'1.
l 1 a �dl t I1----,.
" ¢ Ili N .( I` —"}` - itt .:w �' .r.....,., ww...w..w.._w.... -
••
I ----8 I,I'4i- Ill ; •
° la
14144# , I I 1' wear�l4✓�l 1 ? �( ...,... Mr n
SITE I1• �. I.i., 'bi a.14"� I ',,•• i itil I . I 1 �(J j ,' $ _.......,LY�wn.«.6�...,,w,..�«,...•......,,«
:1 I k Is ��w_ �' mil' ei ',9 ,Alq, 'I rI II Y �J
..... 1• "a,Lai q meaa+r to Ndrw, T'1� / .4' fr194.
11 ti 4 i .1 , •r �c � / .. i.n n«..n,>.......n... ry...1
�_ + I l It �� 4 ale t �.g :-x, ,_...
i4.••:fw x•..• . — le /^ .A I LP_J �1, 1 .K�.-_...—,.....,..-....
I of T t 1 1 , v I 'LF O. I g 7.7 u{
•�1 .EI3 I A_ s_ a /d d L ,.�. w—.....r..,,..-.-..•
.,,. u mpa` ni r• A I,arycil I __ 0. !\ a.�e:f I �" •`.....««,.....'.. ,.,., ,�.. .ti.H..,
7 -1/
P - ,2
` Cw ` I •
_— T,—. ..r.r.w` l / �. / ,na .r.V
i ‘ i
. , ,, L ,11 . ,..
` „.. ,...,..:Lortma.../.4..to.n.
�J x> .ra _
w.e «., __w._:v. r.........w.. 1 L �w . G 71�o•.'R,,rL` S• I
•
r . ..., (i,..) ` a, I ... ,,, APPROVED/DENIED
b _r ',:r� 2.-_.._... ., ..,._. "' �•,, .4 ` OCT 1 9 2010
• __.v_ ___ `� �.r.4 . PROPOSED
_ ... �.Ai G.4..,. wra 1• cn.1 BY:
euwntr Taw
Lee. A.bLv s�1 _-._.
. ._...r«.. __• - nw.. t f'IF.-.,y' F l L- -mac Ati16•• Xz?010
.._=.i. y u_ r ..,..r ._. .ru r`....• ._., r..w 1 :,3/4 �' !`-n i'ay,Mora.�.o�.r �y.�r` ,/ � .may�L� Y6Mrm Gb.4,Vnt0p
. .` •ww.... u.. _ �. Ai-1.r FAaam.��• \ It ` 'F�+1�1 ,M ( vim :e.'.L wife.,».
^ y r_..._..+. ...w� ....- Llr4L, to �v t _` •- •i��• 4+4..G•1V • -aw vela',ri• �'.I .�u,w.,
....� _... ., I / \\ 0 1 .r "' c .t"40.614;aw l uw(-roves ro,b E L 1
i-lI- = 1
.e...e, +.r r vve.- � ``' '!; k tvolio4 L¢smtuW@s,4,00..V..iotaw ,� • �I
r `.\ '` ,mow, -to a lwver OCT 01 2010
I--r.` . i
w.. Y:t :�P Q(L6P��/3dO�' (A4t�Lc "•Ott,*13,Witffo A14.- 400
_i •I2kM9 4A s-Pra.0i BY
)} I LUCAS CITY LIMITS _ -E. Pork c•.• F.M. 2514 E. Parker Rood
I
LIMITS . ` IUI ` ' '
IL. f- - -- _..
r � .._ _. +-_----
i ; I.
__! ---- -- !"---
Ii .________-_-
Subject
Property —�-
. , . V
lis.._____1 ‘ ::: ,..
5 II1-If 1 1 co 'L:`
rt°+...g..i 1111 till, al
roll.-
ca`.a„,0,, x-
-� _ - ---- , �� ffP' ��+. ; gal m
�� Vsititto L nnil
,��n111/4 1.1.7
iii itAtli , "° - '111 :: ' min
_r-- I� ,:.., I I I III I
I • IifEE �� gam. . I f. I I 1 l
I1HI!iiIIIititt"' 1= C-= lill$ll Ili
/�� -1 l l l l l l young _; k�
Q� Illi f \$uIIuIIIIuII
ip1 UII11I111\lli
1
•
-�l ( Ill III ♦��*i I I 1 1 1 1 is
�-I'I �� I ri 1 I t L[i *. 1110111111. O
,III 00 •
gIIIh lin. . .. , i _. :.._.._._.___..-_._._.._.._.._.._._.._.._. 21Hff
LOCATION MAP
ZONING CASE #2010-05
AMENDED
PLANNED DEVELOPMENT DESIGN STANDARDS
ESTATES AT CREEKSIDE
City of Wylie
, _ October 5,2010
TRACT A -Sinrle Family Residential Revelations
(Block A. Lots 1-22: Block B, Lots 1-81
Area revelations.
(1) Size of yards
1. Front yard. There shall be a front yard having a depth of not less than 30 25 feet as
measured from the front property line.
2. Side yard. There shall be a side yard on each side of the lot having a width of not
less than 10 feet in width. A side yard adjacent to a side street shall not be less
than 20 feet.
3. Rear yard. There shall be a rear yard, a depth of not less than 25 feet.
(2) Size of lot.
1. Lot area. No building shall be constructed on any lot of less than 10,000 square
feet.
2. Lot width. The minimum width as measured as the front building line of the lot
shall not be less than 75 feet.
3. Lot depth. The minimum depth of the lot shall be not less than 100 feet.
(3) Minimum dwelling size. The minimum floor area of any dwelling shall be 2,000 square
feet exclusive of garages, breezeways and porches.
(4) Additional Guidelines
1. Exterior Wall Materials- 100% of the dwelling's total exterior area,minus
windows and doors, must be masonry veneer, such as brick or stone.
2. Roofs- Roofs must be covered with composition material of at least 240 lb weight
shingle and have a minimum pitch of 6-28:12.
3. Fences and Walls- Fences may not exceed 7 feet in height. Fences must be made
of masonry, wood or architectural metal. The use of chain link fencing is
prohibited. Railroad ties may not be used for a retaining wall visible from the
street.
4. Screening-The owner of a lot must screen the following items from the view of the
public and neighboring lots and dwellings, if any of these items exist on the lot:
GdlCreelside\Revised Creekside Planned Developmenl.wpd -1- OtCENED
OCT 07 2010 ,
BY
A. Clotheslines
B. Drying racks
C. Hanging clothes, linens, rugs and textiles of any kind
D. Yard maintenance equipment
E. Wood piles and compost piles
F. Accessory structures such as dog houses, gazebos, metal storage sheds and
greenhouses
G. Garbage can and refuse containers
H. Roof mounted antenna
Plant material such as trees and bushes may be used for screening.
5. House Elevation - All plans shall be submitted and approved by the Architectural
Control Committee. No like house elevation shall be constructed within 5-7 lots to
each other on both sides of street. All ^ e aoor5 5h,all be cidc loaa d e pt if a
minimum 25 feet behind front building line. Front load garage allowed on side
street for corner lot. All chimneys shall be enclosed.
6. Landscaping-The following minimum landscape features shall be installed prior
to the initial occupancy:
A. Trees- a minimum of 6 inches in total diameter shall be installed in the front
yard. This may be accomplished by one 6 inch tree or multiple trees whose
diameters add up to at least 6 inches.
B—S eet Trees—A4�eft-3"caliper tre hallfin a '- t •he c�n cavcrs,i ccirrnr
sidewalk.and the , rb at an individual street frontages.
GB. Shrubs - eighteen (18) 3 gallon shrubs across the front of the house.
D:C. Grass - solid sod from the front of home to the front curb.
TRACT B Single Family Residential Regulations
(Block A, Lots 23-34; Block C, Lots 1-3; Block E, Lots 1-8; Block F, Lots 1-3)
Area regulations.
(1) Size of yards
1. Front yard. There shall be a front yard having a depth of not less than 3-5-30 feet as
measured from the front property line.
2. Side yard. There shall be a side yard on each side of the lot having a width of not
less than 12 feet in width. A side yard adjacent to a side street shall not be less
than 20 feet.
3. Rear yard. There shall be a rear yard, a depth of not less than 25 feet.
(2) Size of lot.
1. Lot area. No building shall be constructed on any lot of less than 12,500 square
feet.
Gd\Creekside\Revised Creekside Planned Development.wpd -2-
2. Lot width. The minimum width as measured as the front building line of the lot
shall not be less than 90 feet.
3. Lot depth. The minimum depth of the lot shall be not less than 100 feet.
(3) Minimum dwelling sire. The minimum floor area of any dwelling shall be 2,400 square
feet exclusive of garages, breezeways and porches.
4) Additional Guidelines
1. Exterior Wall Materials - 100% of the dwelling's total exterior area, minus
windows and doors, must be masonry veneer, such as brick or stone.
2. Roofs - Roofs must be covered with composition material of at least 240 lb weight
shingle and have a minimum pitch of 6 1-28:12.
3. Fences and Walls-Fences may not exceed 7 feet in height. Fences must be made
of masonry, wood or architectural metal. The use of chain link fencing is
prohibited. Railroad ties may not be used for a retaining wall visible from the
street. Architectural metal fencing required along the 100 year flood plain.
4. Screening-The owner of a lot must screen the following items from the view of the
public and neighboring lots and dwellings, if any of these items exist on the lot:
A. Clotheslines
B. Drying racks
D. Hanging clothes, linens, rugs and textiles of any kind
E. Yard maintenance equipment
F. Wood piles and compost piles
G. Accessory structures such as dog houses, gazebos, metal storage sheds and
greenhouses
H. Garbage can and refuse containers
I. Roof mounted antenna
Plant material such as trees and bushes may be used for screening.
5. House Elevation - All plans shall be submitted and approved by the Architectural
Control Committee. No like house elevation shall be constructed within 6-7 lots to
each other on both sides of street. All garage doors shall be side loaded except if
minimum 25 feet behind front building line. Font load garage allowed on side
street for corner lot. All chimneys shall be enclosed.
6. Landscaping-The following minimum landscape features shall be installed prior
to the initial occupancy:
A. Trees-a minimum of 6 inches in total diameter shall be installed in the front
yard. This may be accomplished by one 6 inch tree or multiple trees whose
GdlCreekside\Revised Creekside Planned Developmen.wpd -3-
diameters add up to at least 6 inches.
3. Street Tre 3" l-bc planted between the
sidewalk-and-thc curb at all individual street frontages.
cB. Shrubs - eighteen (18) 3 gallon shrubs across the front of the house
D:C. Grass - solid sod from the front of home to the front curb.
Gd\Creckside\Reviscd Creel:side Planned Developinent.wpd -4-
Zoning Summary
Estates At Creekside
Wylie, Texas mist:=
n�1z 0(19/1/1-0
Minimum
Minimum No. Lot Width Minimum Lot Side B.L. Minimum
Tract Area Lot Area Lots at B.L. Depth Front B.L. Side B.L. at Corner Rear B.L. House Area
ROIN Dedication 0.2-3 AC
Single Family
Trait A -10.28.2 10,000 SF =3230 75' 100' 30'25' 10' 20' 25' 2,000 SF
AC
Trait B 47-216.0 12,500 SF 32 90' 100' 3530' 12' 20' 25' 2,400 SF
AC
Sinille Family Total 27 424.2 (1462
AC
Open Space
Trait C(City Park) -i--019.7
AC
Ta D(HOA) (. 61_0 AC
Op4n Space Total: 17.620.7
AC
TOTAL AREA: 45.2 AC
Density: Gross: 1.4 DU/AC Net: 2:32.4 DU/AC Tract A:Typical Lot Size = 80x12585'x120'; Tract B:Typical Lot Size=
n4 x_13594'x133'
Summary:
Total Tract Area: 45.2 AC
ROy1 Dedication 0.2-3 AC iGeneral Notes:
Single Family 27-4124.2 AC 1) landscape area along Parker Road with curvilinear 4' sidewalk, maintained by 1-1OA.
HOA Park 17-.620.7 AC
2) Minimum 6' masonry wall along Parker Road to he maintained by 1-10A.
3) Park area to include 8' trail, trail lighting and park benches.
-5-
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 9, 2010 Item Number: 3.
Department: Police Department (City Secretary's Use Only)
Prepared By: Chief John Duscio Account Code:
Date Prepared: October 28, 2010 Budgeted Amount: N/A
Exhibits: Curfew Ordinance Review
Subject
Hold the first of two public hearings regarding the need to continue, abolish or modify the City of Wylie
Juvenile Curfew Ordinance No. 2005-08.
Recommendation
Public Hearing ONLY, no action required.
Discussion
Texas Local Government Code 370.002(a) states that before the third anniversary of the date of adoption of a
juvenile curfew ordinance by a general-law municipality or a home-rule municipality or an order of a county
commissioners court, and every third year thereafter, the governing body of the general-law municipality or
home-rule municipality or the commissioners court of the county shall:
1. Review the ordinance or order's effects on the community and on problems the ordinance or order was
intended to remedy;
2. Conduct public hearings on the need to continue the ordinance or order; and
3. Abolish, continue, or modify the ordinance or order.
Section 370.002(b) states:
(b) Failure to act in accordance with Subsections (a) (1)—(3) shall cause the ordinance or order to expire.
The first of two public hearings to receive input from citizens and staff is scheduled for tonight's meeting. The
second public hearing and action regarding Ordinance No. 2005-08 will be held at the December 14, 2010 City
Council Meeting. The Ordinance was passed January 25, 2005 and continued after two public hearings on
December 11, 2007.
The current ordinance gives officers a tool to reduce juvenile crime by specifying times and locations where
unsupervised juveniles under the age of 17 can be. Statistics have shown that when unsupervised juveniles
gather late at night they are at higher risk of becoming a victim of crime or becoming involved in criminal
activity.
Page 1 of 2
Page 2 of 2
In 2009 Wylie officers issued 58 citations for curfew violations. From January 1, 2010 to the date this report
was completed, October 28, 2010, officers responded to 25 calls in regards to curfew violations and have issued
7 curfew citations.
Approved By
Initial Date
Department Director JD 10/28/10
City Manager t06 Ll 1 L I10
ON DECEMBER 11, 2007, THE CITY COUNCIL OF THE CITY WYLIE
APPROVED THE CONTINUANCE OF THIS ORDINANCE UNTIL JANUARY
25,2011 AS REQUIRED IN SECTION 8 OF THIS ORDINANCE.
ORDINANCE NO. 2005-08
AN ORDINANCE OF THE CITY OF WYLIE,TEXAS REPEALING WYLIE
ORDINANCE NOS.79-23,95-2 AND 95-3;ESTABLISHING A CURFEW FOR
MINORS FOR THE CITY OF WYLIE, TEXAS; CREATING OFFENSES
FOR MINORS, PARENTS, GUARDIANS OF MINORS AND BUSINESS
ESTABLISHMENTS FOR VIOLATING CURFEW REGULATIONS;
DEFINING TERMS AND PROVIDING DEFENSES; PROVIDING FOR
ENFORCEMENT;PROVIDING FOR WAIVER OF JURISDICTION BY THE
COURT WHEN REQUIRED UNDER THE TEXAS FAMILY CODE;
PROVIDING FOR REVIEW OF THIS ORDINANCE; PROVIDING A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF.
WHEREAS,the City Council of the City of Wylie,Texas("City Council")has investigated
arid determined that there has been an increase in juvenile violence,juvenile gang activity and crime
by persons under the age of seventeen (17) in the City of Wylie, Texas ("Wylie"); and
WHEREAS,the City Council has further investigated and determined that persons under the
age of seventeen (17) are particularly susceptible by their lack of maturity and experience to
participate in unlawful and gang-related activities and to be victims of older perpetrators of crime;
and
WHEREAS, the City Council, on behalf of Wylie and its citizens, has an obligation to
provide for the protection of minors from each other and from other persons;for the enforcement of
parental control over and responsibility for children;for the protection of the general public;and for
the reduction of incidence of juvenile criminal activities; and
WHEREAS,the City Council has further investigated and determined that it is in the best
interest of Wylie and its citizens to repeal Ordinance Nos. 79-23, 95-2 and 95-3; and
WHEREAS,the City Council has further investigated and determined that it is in the best
interests of Wylie and its citizens to establish a curfew for those under the age of seventeen(17),as
set forth below, which will promote public health, safety and general welfare; help attain the
foregoing objectives;and diminish the undesirable impact of such conduct on the citizens of Wylie.
NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: FINDINGS INCORPORATED. The findings set forth above are incorporated
into the body of this Ordinance as if fully set forth herein.
SECTION 2: ORDINANCE NOS. 79-23,95-2 AND 95-3 REPEALED. Wylie Ordinance
Nos. 79-23,95-2 and 95-3 are hereby repealed. Such repeal shall not abate any pending prosecution
ORDINANCE NO.2005-08
JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 1
for violation of the repealed Wylie Ordinance Nos.79-23,95-2 and 95-3,nor shall the repeal prevent
a prosecution from being commenced for any violation if occurring prior to the repeal of Wylie
Ordinance Nos. 79-23, 95-2 and 95-3.
SECTION 3: DEFINITIONS.
3.1 For the purposes of this Ordinance, when not inconsistent with the context, words
used in the present tense include the future tense,words in the plural include the singular,and words
in the singular include the plural, and the use of any gender shall be applicable to all genders
whenever the sense requires. Words not defined in this Section shall be given their common and
ordinary meaning.
3.2 For the purposes of this Ordinance, the following words, terms, phrases and their
derivations shall have the meaning given in this Section 3.2.
(A) CURFEW HOURS means:
(1) 11:00 p.m. on any Sunday, Monday, Tuesday, Wednesday or
Thursday until 6:00 a.m. of the following day; and
(2) 12:01 a.m. until 6:00 a.m. on any Saturday or Sunday.
(B) EMERGENCY means an unforeseen combination of circumstances or the
resulting state that calls for immediate action. The term includes,but is not
limited to, a fire, a natural disaster, an automobile accident or any situation
requiring immediate action to prevent serious bodily injury or loss of life.
(C) ESTABLISHMENT means any privately-owned place of business operated
for a profit to which the public is invited, including but not limited to, any
place of amusement or entertainment.
(D) GUARDIAN means:
(1) a person who, under court order, is the guardian of the person of a
minor; or
(2) a public or private agency with whom a minor has been placed by a
court.
(E) MINOR means any person under seventeen(17) years of age.
(F) OPERATOR means any individual, firm, association, partnership or
corporation operating,managing or conducting any establishment. The term
includes the members or partners of an association or partnership and the
officers and directors of a corporation.
ORDINANCE NO.2005-08
JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 2
(G) PARENT means a person who is:
(1) a natural parent, adoptive parent or step-parent of another person; or
(2) at least eighteen (18) years of age and authorized by a parent or
guardian to have the care and custody of a minor.
(H) PUBLIC PLACE means any place to which the public or a substantial group
of the public has access and includes,but is not limited to,streets,highways,
and the common areas of schools, hospitals, apartment houses, office
buildings, transport facilities and shops.
(I) REMAIN means to:
(1) linger or stay; or
(2) fail to leave premises when requested to do so by a police officer or
the owner, operator or other person in control of the premises.
(J) SERIOUS BODILY INJURY means bodily injury that creates a substantial
risk of death or that causes death, serious permanent disfigurement or
protracted loss or impairment of the function of any bodily member or organ.
SECTION 4: OFFENSES.
4.1 A minor commits an offense if he remains in any public place or on the premises of
any establishment within Wylie during curfew hours.
4.2 A parent or guardian of a minor commits an offense if he knowingly permits, or by
insufficient control, allows the minor to remain in any public place or on the premises of any
establishment within Wylie during curfew hours.
4.3 The owner, operator or any employee of an establishment commits an offense if he
knowingly allows a minor to remain upon the premises of the establishment during curfew hours.
SECTION 5: DEFENSES.
5.1 It is a defense to prosecution under Section 4 that the minor was:
(A) accompanied by the minor's parent or guardian;
(B) on an errand at the direction of the minor's parent or guardian, without any
detour or stop;
(C) in a motor vehicle involved in interstate travel;
(D) engaged in an employment activity, or going to or returning home from an
employment activity, without any detour or stop;
ORDINANCE NO.2005-08
JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 3
(E) involved in an emergency;
(F) on the sidewalk abutting the minor's residence or abutting the residence of a
next-door neighbor if the neighbor did not complain to the police department
about the minor's presence;
(G) attending an official school, religious, or other recreational activity
supervised by adults and sponsored by Wylie,a civic organization or another
similar entity that takes responsibility for the minor or going to or returning
home from,without any detour or stop, an official school,religious or other
recreational activity supervised by adults and sponsored by Wylie, a civic
organization or another similar entity that takes responsibility for the minor;
(H) exercising First Amendment rights protected by the United States
Constitution,such as the free exercise of religion,freedom of speech and the
right of assembly; or
(I) married or had been married or had disabilities of minority removed in
accordance with Chapter 31 of the Texas Family Code, as amended.
5.2 It is a defense to prosecution under Subsection 4.3 that the owner, operator or
employee of an establishment promptly notified the police department that a minor was present on
the premises of the establishment during curfew hours and refused to leave.
SECTION 6: ENFORCEMENT. Before taking any enforcement action under this Section,a
peace officer shall ask the apparent offender's age and reason for being in the public place. The
officer shall not issue a citation or make an arrest under this Section unless the officer reasonably
believes that an offense has occurred and that, based on any response and other circumstances, no
defense in Section 5 is present.
SECTION 7: PENALTIES.
7.1 Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and
upon conviction therefore,shall be fined a sum not exceeding Five Hundred Dollars($500.00). Each
and every day that such violation continues shall be considered a separate offense. Wylie retains all
legal rights and remedies available to it pursuant to local, state and federal law.
7.2 When required by Section 51.08 of the Texas Family Code, as amended, the court
shall waive original jurisdiction over a person who violates Section 4 and shall refer the person to the
appropriate court.
SECTION 8: REVIEW OF ORDINANCE. Before the third anniversary of the date of the
adoption of this Ordinance, and every third year thereafter, the City Council shall:
ORDINANCE NO.2005-08
JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 4
(A) review the effects of the Ordinance on the community and on problems the
Ordinance was intended to remedy;
(B) conduct public hearings on the need to continue the Ordinance; and
(C) abolish, continue, or modify the Ordinance.
The failure of the City Council to act in accordance with this Section shall cause this Ordinance to
expire without further action by the City Council.
SECTION 9: SAVINGS/REPEALING CLAUSE. All provisions of any ordinance in
conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal
shall not abate any pending prosecution for violation of the repealed ordinance,nor shall the repeal
prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the
ordinance. Any remaining portions of said ordinances shall remain in full force and effect.
SECTION 10: SEVERABILITY. Should any section, subsection, sentence, clause or
phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,
it is expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Wylie hereby declares that it would have passed this Ordinance,and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences,clauses and phrases be declared unconstitutional or invalid.
SECTION 11: EFFECTIVE DATE. This Ordinance shall become effective from and after
its adoption and publication as required by the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS on this 25th day of January 2005.
JO MON Y,Mayor
ATTESTED TO AND
CORRECTLY RECORDED BY: ‘ 0 ,
F '
y • %
1-,
SEAS -
C OLE EH I , City Secretary:
.
Date of publication in The Wylie News-February 2,2005
ORDINANCE NO.2005-08
JUVENILE CURFEW ORDINANCE(REPEAL ORDINANCE NOS.79-23,95-2 and 95-3)—Page 5
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: 11-9-10 Item Number: 4.
Department: Wylie EDC (City Secretary's Use Only)
Prepared By: Sam Satterwhite Account Code:
Date Prepared: 11-4-10 Budgeted Amount:
Exhibits: 1
Subject
Consider, and act upon, a Resolution 2010-36(R) authorizing the Wylie Economic Development Corporation to
enter into a Loan Agreement with American National Bank in an amount not to exceed $5,000,000.
Recommendation
A motion approving Resolution 2010-36(R) authorizing the Wylie Economic Development Corporation to enter
into a Loan Agreement with American National Bank in an amount not to exceed $5,000,000.
Discussion
Since 2006 originally and more recently June 2010, the WEDC has been pursuing an industrial project entitled
`95k'. This public-private partnership will involve the WEDC building a 100,000 square foot facility on
WEDC owned property on Martinez Lane and leasing the same back to Ascend Custom Extrusions for 15 years.
Construction costs are estimated to be $5.3 million with equity toward the construction loan by Ascend of
$450,000 - $500,000. Ascend will have a total position of approximately $900,000 in the project comprised of
down payment, fees,property acquisition, and a letter of credit.
The WEDC Board of Directors are currently finalizing negotiations surrounding a Performance Agreement and
Lease. Further, the WEDC and Ascend are partnering in the purchase of 1.33 acres from Holland Hitch which
is required for the project. The WEDC is also finalizing AIA Agreements with Hill & Wilkinson which will act
as its general contractor and will have a full set of plans in approximately 30 days.
The WEDC put out an RFP for financing of the project to six banks with local branches with American
National providing the most advantageous package. The WEDC is aggressively pursuing a loan closing date of
11-19-10 for which this authorization is required. While the City Council will not be party to the Performance
Agreement or Lease,the WEDC will be presenting those documents for Council's review at a future date.
Approved By
Initial Date
Department Director SS 11/4/2010
City Manager ()IW\
1 (
Page 1 of 1
RESOLUTION NO. 2010-36(R)
RESOLUTION APPROVING A PROGRAM AND THE EXPENDITURE OF FUNDS BY
THE WYLIE ECONOMIC DEVELOMENT CORPORATION AND ENACTING
OTHER PROVISIONS RELATING TO THE SUBJECT
WHEREAS, the Wylie Economic Development Corporation (the "Corporation") has
been incorporated and exists and operates as a duly constituted authority and instrumentality of
the City of Wylie, Texas (the "City"), pursuant to Chapter 501 of the Texas Local Government
Code (the "Development Corporation Act" or "Act"), and governed as a Type A Corporation
under the Act and Chapter 501 and 504 of the Texas Local Government Code; and
WHEREAS, Chapter 501 of the Texas Local Government Code requires the City, as the
authorizing unit for the Corporation, to approve certain programs and expenditures of the
Corporation; and
WHEREAS, the Corporation desires to borrow an amount not to exceed the sum of
$5,000,000.00 from American National Bank of Texas, to be secured by a pledge of the
Corporation's sales tax receipts and real estate owned by the Corporation located at 1405
Martinez Lane, Wylie, Texas 75098, to finance the construction of improvements on the property
to be leased to Ascend Custom Extrusions, L.L.C. (the "Project"); and
WHEREAS, this City Council finds and determines that it is appropriate to approve the
Project as an authorized program and expenditure of the Corporation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS:
SECTION 1: The recitals set forth in the preamble hereof are incorporated herein and
shall have the same force and effect as if set forth in this Section. The undertaking of the Project
and the expenditure and pledging of funds of the Corporation in connection therewith, are hereby
approved.
Resolution 20 10-36(R) Page 1
SECTION 2: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie on this
day of , 2010.
ERIC HOGUE, Mayor
ATTEST TO:
CAROLE EHRLICH, City Secretary
Resolution 2010-36(R) Page 2
Wylie City Council
CITY OF WYLIE AGENDA REPORT
Meeting Date: November 9, 2010 Item Number: 5.
(City Secretary's Use Only)
Department: Engineering
Prepared By: Chris Hoisted Account Code:
Date Prepared: November 1, 2010 Budgeted Amount: N/A
Exhibits: Resolution, ILA
Subject
Consider, and act upon, Resolution 2010-37(R) to recommend excess funds from the SH 121 Subaccount for
the construction of the FM 1378 - FM 544 to Brown Street project be allocated for the construction of the FM
1378 —South Parker Road to North Parker Road project.
Recommendation
Motion to approve a Resolution 2010-37(R) to recommend excess funds from the SH 121 Subaccount for the
construction of the FM 1378 —FM 544 to Brown Street project be allocated for the construction of the FM 1378
—South Parker Road to North Parker Road project.
Discussion
Collin County and the City of Wylie secured funding in the amount of$7,463,905 from the SH 121 Subaccount
for the construction of FM 1378 from FM 544 to Brown Street. On March 23, 2010 Council awarded a contract
to Glenn Thurman, Inc. in the amount of$3,233,598.46 for the project leaving excess funds of approximately
$4,230,306.54.
On October 26, 2010 Council approved an Interlocal Agreement with Collin County for funding engineering
services for FM 1378 from South Parker Road to North Parker Road. The attached Resolution recommends
that the excess funds from the FM 544 to Brown Street project be allocated for the construction of this portion
of FM 1378.
Approved By
Initial Date
Department Director CH 11/2/10
City Manager PM\ I(P1)(°
Page 1 of 1
RESOLUTION NO. 2010-37(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, TO RECOMMEND EXCESS FUNDS FROM THE
SH 121 SUBACCOUNT FOR THE CONSTRUCTION OF THE FM
1378 — FM 544 TO BROWN STREET PROJECT BE ALLOCATED
FOR THE CONSTRUCTION OF THE FM 1378 — SOUTH PARKER
ROAD TO NORTH PARKER ROAD PROJECT.
WHEREAS, FM 1378 serves as a major north-south thoroughfare for the City of Wylie; and
WHEREAS, The Texas Department of Transportation transferred ownership of FM 1378 within the
City Limits to the City of Wylie; and
WHEREAS, Collin County and the City of Wylie each funded $1,032,000 for the construction of FM
13'78 from FM 544 to Brown Street; and
WHEREAS, Collin County and the City of Wylie secured $7,463,905 from the SH 121 Subaccount for
the construction of FM 1378 from FM 544 to Brown Street; and
WHEREAS, The City of Wylie approved a contract with Glenn Thurman, Inc. in the amount of
$3,233,598 for the construction of FM 1378 from FM 544 to Brown Street; and
WHEREAS, Collin County and the City of Wylie have executed an Inter-Local agreement to fund the
engineering for FM 1378 from South Parker Road to North Parker Road;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Council recommends that the excess construction funds from the SH 121
Subaccount for FM 1378 from FM 544 to Brown Street be allocated for the construction of FM 1378 from
South Parker Road to North Parker Road.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED this 9th day of November, 2010.
ERIC HOGUE, Mayor
ATTEST TO:
CAROLE EHRLICH, City Secretary
Resolution 2010-37(R)
FM 1378 to Parker Road
November 9th , 2010
CITY OF WYLIE WYLIE CITY COUNCIL
WORK SESSION ITEMS
• Discussion regarding the move to the new Wylie
Municipal Complex and Dedication of the Building
and Art Projects. (Mindy Manson, City Manager)
• Discuss and consider developing a Code of Conduct
for elected officials, appointed officials, and
participants in public meetings. (Mindy Manson,
City Manager)
Work Session Items
October 26, 2010