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10-09-2012 (City Council) Agenda Packet ,t OF gyp ,- • F- . ,, Wylie CityCouncil r k t Y __ = NOTICE OF MEETING are op zrss Regular Meeting Agenda October 09, 2012 - 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Building #100 Eric Hogue Mayor Kathy Spillyards Mayor Pro Tern David Goss Place 1 Nathan Scott Place 2 Bennie Jones Place 4 Rick White Place 5 Diane Culver 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 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE 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. October 9,2012 Wylie City Council Regular Meeting Agenda Page 2 of 3 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 September 25, 2012 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2012-34(R) approving the terms and conditions of a Wetlands Mitigation Professional Services Agreement by and between the City of Wylie and Wetlands Management, LP; authorizing its execution by the City Manager and providing an effective date. (C. Holsted, City Engineer) C. Consider, and act upon, Resolution No. 2012-35(R) establishing energy conservation goals as required by Texas Health and Safety Code 388.005, as amended by Senate Bill 898 of the 82nd Legislative Session of 2011, State of Texas; Requiring the filing of an annual report on compliance with the City's energy conservation goals with the State Energy Conservation Office ("SECO") on a form provided by SECO; and providing an effective date. (J. Butters, Assistant City Manager) D. Consider, and act upon, Ordinance No. 2012-41, amending PD 2003-18, Section 5.b.i to re-establish the front and rear yard setbacks for the Townhouse (TH) District. ZC2012-09 (R. 011ie, Planning Director) E. Consider, and act upon, the approval of the use of Fleet Fuel Cards from U.S. Bank in the estimated annual amount of up to $50,000, through an existing State of Texas contract and authorizing the City Manager to execute any necessary documents. (Wylie Contract #W2013-5-I; Texas State Contract #946-C1) (L. Bantz, Finance Director) REGULAR AGENDA 1. Conduct a Public Hearing for the annexation of a 52.4676 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas, generally located south of S. H. 78 N, and east of Wylie East Drive. (R. 011ie, Planning Director) Executive Summary This annexation is at the request of the property owner, Bill & Donna Lewis and Applicant Jim Douglas with Douglas Properties, Inc. The subject tract is contiguous to and north of Wylie East High School. The intent is to acquire,annex,zone and develop a single-family residential subdivision of varied densities,also including parkland,open space and pedestrian trails connecting to Wylie East High School. 2. Consider, and act upon, authorizing the Wylie Economic Development Corporation to purchase properties located at 711 and 713 Cooper Drive; further described as Wylie Industrial Park Block A, Lots 2A, 3, and 4. (S. Satterwhite, WEDC Executive Director) October 9,2012 Wylie City Council Regular Meeting Agenda Page 3 of 3 Executive Summary The Wylie Economic Development Corporation (WEDC) is under contract to purchase 1.089 acres near F.M. 544 from Jerry and Carmie Randack for$400,000 or$8.43 per square foot. The property is made up of a 0.459 acre tract with an 8,880 square foot building and an adjacent 0.63 acre tract. Both properties are located on Cooper Drive and are adjacent to a vacant 1 acre tract already owned by the WEDC. 3. Consider, and act upon, the acceptance of the resignation of Gloria J. Smith, Board Member for the Parks and Recreation Board and the appointment of a new member to the Parks and Recreation Board for the unexpired term of June 2012 to June 2014. (R. Diaz, Parks &Recreation Superintendant) Executive Summary Staff is requesting the appointment of a new Parks and Recreation Board member to replace Ms. Gloria J. Smith,who is resigning due to a work promotion. READING OF ORDINANCES WORK SESSION • Consider and discuss issues surrounding Solid Waste contract renewal or bid. (J. Butters, Assistant City Manager) RECONVENE INTO REGULAR SESSION ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney from the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with the attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. CERTIFICATION I certify that this Notice of Meeting was posted on this 5th day of October 2012 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 website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY OF WYLIE iv Minutes Wylie City Council Meeting Tuesday September 25, 2012 — 6:00 p.m. Wylie Municipal Complex — Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Ehrlich took roll call with the following City Council members present: Mayor Pro Tern Kathy Spillyards, Councilwoman Diane Culver, Councilman Nathan Scott, Councilman Rick White, Councilman Bennie Jones, and Councilman David Goss. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Fire Chief, Randy Corbin; City Engineer, Chris Hoisted; Police Chief, John Duscio; Planning Director, Renae 011ie; Finance Director, Linda Bantz; Building Official, Dwight Lancaster; Public Information Officer, Craig Kelly; City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE • Bruce Bauman, New Hope (WYWAM) Bruce Bauman, representing the New Hope Church, gave the invocation and Councilman Goss led the Pledge of Allegiance. PRESENTATIONS • National Night Out Mayor Hogue presented a proclamation to Police Chief John Duscio designating October 2, 2012 as National Night Out. Chief Duscio invited residents to turn their porch lights on and join other residents in Olde City Park on October 2, 2012 at 6:00 p.m. for the 29th Annual National Night Out. Minutes September 25, 2012 Wylie City Council Page I 1 • Proclamation declaring October 7-13, 2012 Fire Prevention Week Mayor Hogue presented a proclamation to Fire Marshal Seddig designating October 7th through the 13th as Fire Prevention Week. Fire Marshal Seddig stated that fire department staff would be visiting all the schools to promote fire safety during that week. • Ovarian Cancer Awareness Proclamation Mayor Hogue presented a proclamation to representatives of the American Cancer Society Relay for Life of Wylie, Sachse, and Murphy recognizing Ovarian Cancer Awareness Month and a special proclamation to cancer survivor Amy Jones. 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. There were no citizens present to address council during citizen's comments. 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 September 11, 2012 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 for August 30, 2012. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for August 30, 2012. (L. Bantz, Finance Director) D. Consider, and place on file, the WEDC Financial Report for August 30, 2012. (S. Satterwhite, WEDC Executive Director) E. Consider, and act upon, proposals for employee group health insurance, including major medical, dental, term life, accidental death/dismemberment, long term disability and prescription drug coverage. (L. Fagerstrom, HR Manager) F. Consider, and act upon, Resolution No. 2012-32(R) approving the current Investment Policy as required by the Texas Government Code, Chapter 2256, Public Funds Investment Act, Subchapter A — Authorized Investments for Governmental Entities. (L. Bantz, Finance Director) Minutes September 25, 2012 Wylie City Council Page 12 Council Action A motion was made by Councilman White seconded by Councilman Scott to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA Public Hearing 1. Hold a Public Hearing and consider, and act upon, amending PD 2003-18, Section 5.b.i to re-establish the front and rear yard setbacks for the Townhouse (TH) District. ZC2012-09 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject property is part of the larger 121 acre Wylie Lakes Planned Development (PD 2003-18), which is a mixed use development including single- family, townhouse, commercial and open space lots. The Final Plat for Phase 1 B was approved by council in August 2005 and included 13.287 acres and created 55 single-family attached townhouse lots and 5.479 acres of dedicated open space. 011ie explained the development standards of the PD referred to the zoning ordinance in place at the time, which allowed for front yard setbacks of 15 feet with a rear setback of 25 feet. However, at the time of construction, the developer set the front yard as 20 feet in order to allow for a gentler slope. This accommodation slid the entire house back 5 feet into the rear setback. The lot length narrowed from west to east by approximately 5 feet, which also aided in the potential for encroachment. 011ie explained the error was detected by Building Inspections and brought it to the attention of the Planning staff approximately one month ago when performing a foundation inspection. 011ie explained that this could have been considered by the board of adjustment and specifically address only those lots that encroached the rear yard; however, after further discussion it was determined that this was indeed a matter for the commission and council and processed as a Public Hearing to amend the PD; as the error did not fit the criteria for board of adjustment. 011ie reported the zoning commission voted 6-0 to recommend approval. Approval of this change will allow property owners to be legally conforming lots for those that have built as non-conforming due to the error. Developer/Council Discussion Councilman Goss asked if the city owned fault with this error. Planning Director 011ie replied yes the city did. Councilwoman Culver had issue with the errors that were made and not caught by the builder. She stated that she had issue with approving changes after the fact. 011ie replied that all 36 could be changed to the proposed set back or the council could approve only those completed or under construction; leaving the empty lots to follow the original setbacks. She noted that the front setbacks would appear different in this case. Jerry Sylo with JBI Partners, representing D.R. Horton, addressed council stating that the error was an innocent mistake and apologized for the error. All construction has ceased until the issue is resolved. He explained on the lots not built yet, the lots may remain with the original setback; however, the homeowners who have homes or are under construction on the lot, through no fault of their own, would have to go to the board of adjustments for a variance. D.R. Horton is requesting to take the responsibility for that error and remediate the issue by either re-setting the setbacks for all lots or at least the lots under construction or completed. Minutes September 25, 2012 Wylie City Council Page 13 City Manager Manson explained that there were steps in place to confirm setbacks and other PD requirements between the Planning Department and the Building Department so more eyes would be on the projects and eliminate this from happening in the future. Public Hearing Mayor Hogue opened the public hearing on ZC 2012-09 at 7:07 p.m. asking anyone present wishing to address council to come forward and limit their comments to three minutes. No one was present to address council during the public hearing. Mayor Hogue closed the public hearing at 7:07 p.m. Council Action A motion was made by Councilman Goss, seconded by Councilman Jones to approve an amendment to PD 2003-18 to allow for a 20' front and rear setback for Block E, Lots 5-44; 48- 53. Lots 45-47 and 54-59 must adhere to the original setbacks as set forth in PD 2003-18 with a front setback of 15' and a rear yard setback of 25'. (ZC 2012-09) A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Ordinance No. 2012-29 amending Subsection 7 (Number of Members; Appointment; Terms) and Subsection 8 (Board Member's Qualifications) of Ordinance No. 2006-37 establishing the Public Art Program and Public Art Advisory Board. (C. Ehrlich, City Secretary) Staff Comments Public Art Advisory Board Liaison Ehrlich addressed council stating that on June 13, 2006 the Wylie City Council adopted Ordinance No. 2006-37 establishing, among other things the City of Wylie Public Art Program and Public Art Advisory Board. Section 7 of the ordinance speaks to number of members, appointments and terms. Under terms, the ordinance states: "It is further provided that no member may serve more than three (3) consecutive terms on the Public Art Advisory Board." In soliciting for members in 2012, there were two seated board members who could not re-apply due to term limits. These board members are willing and able to serve. Ehrlich explained Section 8 of Ordinance No. 2006-37 requires each applicant for the Public Art Advisory Board to be a qualified voter "of the city." This requirement has restricted some very qualified applicants from applying, due to their residency in a surrounding city. Staff is requesting "in the city" be removed to allow any registered voter to serve on the board based on experience with the arts. It is still at the council's pleasure to appointment Wylie qualified voters when available but would increase the pool of applicants each year. Currently the City has eight boards of which Planning and Zoning, Construction Code Board, ZBOA, and Public Arts Advisory Board require "a qualified voter in the City." The Animal Advisory Board, Parks and Recreation Board, and Library Board only require the applicant to be a "qualified voter." Mayor Hogue had some concern with having too many"out of city" members on the board. He suggested the ordinance read at least four members must be qualified voters of the City and three may be qualified voters. Councilman Goss concurred that he had some concern with "out of city" board members; however, he did understand the need for applicants. Ehrlich responded that in years when the applicant pool was high, the council selection panel could recommend Wylie qualified voters, but in years when applications were few the option of "qualified voters" might increase the applicant pool. Councilwoman Minutes September 25, 2012 Wylie City Council Page 14 Culver suggested the interview panel give more weight to applicants that are in the city limits during the recommendation process. Mayor Pro Tern Spillyards commented that she had served on the art board and felt this board in particular was hard to attract applicants that qualified. She questioned why this particular board had term limits yet most others did not. Having served on this board, other boards, and the interview panel she suggested making the boards more uniform in qualifications. Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to adopt Ordinance No. 2012-29 amending Subsection 7 (Number of Members; Appointment' Terms) and Subsection 8 (Board Member's Qualifications) of Ordinance No. 2006-37 establishing the Public Art Program and the Public Art Advisory Board. A vote was taken and the motion passed 6-1 with Mayor Pro Tem Spillyards, Councilman Goss, Councilman Scott, Councilman Jones, Councilman White and Councilwoman Culver voting for and Mayor Hogue voting against. 3. Consider, and act upon, Resolution No. 2012-33(R) approving the terms and conditions of a software agreement by and between the City of Wylie and Integrated Computer Systems Inc. (ICS); the sole source provider of MDC mapping software and software service; authorizing its execution by the City Manager and providing an effective date. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed council stating that this request was an extension of the existing CAD system and vehicle location system. Dispatch will be able to locate closest respondent to each call. Another feature the software provides is the specific location and directions of the calls once the GIS is updated. Chief Corbin reported the cost of the software is $52,912.50 which includes installation, training and maintenance for the first year. Councilman Goss asked if the figures for software service and support was $10,582.50 beginning in year two (FY 2013-14) and Software Service Agreements are estimated to increase at a 9.5% rate annually. Chief Corbin responded that this system was the best, in the opinion of the Police Chief and himself, and noted that there were representatives checking the software on site every couple of weeks. Councilman Scott asked if there was any insulation against the price adjustments. Chief Corbin stated there was not but staff had worked closely with the company and principals and they were very responsive to staff. He felt this long term relationship would assist in lowering price increases in the future. Council Action A motion was made by Councilman White, seconded by Councilman Goss to adopt Resolution No. 2012-33(R) approving the terms and conditions of a software agreement by and between the City of Wylie and Integrated Computer Systems, Inc. (ICS); the sole source provider of MDC mapping software and software service; authorizing its execution by the City Manager and providing an effective date. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, approving the Financial Management Policies. (L. Bantz, Finance Director) Minutes September 25, 2012 Wylie City Council Page 15 Staff Comments Finance Director Bantz addressed council stating that the purpose of the Financial Management Policies is to formalize financial guidelines for the City. They will assist city staff in planning and directing the City's financial affairs and provide a document that codifies these policies in one place. Council Action A motion was made by Councilman White, seconded by Mayor Pro Tem Spillyards to approve the Financial Management Policies for the City of Wylie. A vote was taken and the motion passed 7-0. 5. Consider, and act upon, Ordinance No. 2012-30, repealing Ordinance No. 2008-17; adopting the 2012 Edition of the International Building Code for Commercial Buildings, save and except the deletions and amendments set forth herein; providing for 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 hereof. (D. Lancaster, Building Official) Staff Comments Building Official Lancaster addressed council stating that in the interest of advancing uniformity in efficient design and safety of building systems by promoting a common code regionally; the North Central Texas Council of Governments encourages member jurisdictions in North Central Texas to adopt the recommended codes along with their respective regional amendments. Lancaster reported that upon completion of a 120 day moratorium of February 1, 2013, these codes, standards and guidelines shall be inclusive of: Local amendments as deemed needed or necessary and any and all errata as issued during the adoption cycle. Building Official Lancaster noted the next 10 items are specific ordinances amending the individual codes for consideration by the council. Council Action A motion was made by Councilman White, seconded by Councilman Goss to approve Ordinance No. 2012-30, repealing Ordinance No. 2008-17; adopting the 2012 Edition of the International Building Code for Commercial Buildings, save and except the deletions and amendments set forth herein; providing for 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 hereof. A vote was taken and the motion passed 7-0. 6. Consider, and act upon, Ordinance No. 2012-31, repealing Ordinance No. 2001-08, save and except the amendments to Ordinance No. 84-11, and adopting the 2012 Edition of the International Existing Building Code; providing for 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 hereof. (D. Lancaster, Building Official) Minutes September 25, 2012 Wylie City Council Page 16 Council Action A motion was made by Councilwoman Culver, seconded by Councilman Goss to approve Ordinance No. 2012-31, repealing Ordinance No. 2001-08, save and except the amendments to Ordinance No. 1984-11, and adopting the 2012 Edition of the International Existing Building Code; providing for 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 hereof. A vote was taken and the motion passed 7-0. 7. Consider, and act upon, Ordinance No. 2012-32 repealing Ordinance No. 2008-13; adopting the 2009 Edition of the International Energy Conservation Code, save and except the deletions and amendments set forth herein; providing for 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 hereof. (D. Lancaster, Building Official) Council Action A motion was made by Councilman Scott, seconded by Councilman White to approve Ordinance No. 2012-32 repealing Ordinance No. 2008-13; adopting the 2009 Edition of the International Energy Conservation Code, save and except the deletions and amendments set forth herein; providing for 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 hereof. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, Ordinance No. 2012-33 repealing Ordinance No. 2009-47; adopting the 2012 Edition of the International Fire Code; save and except the deletions and amendments set forth herein; providing for 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 hereof. (D. Lancaster, Building Official) Council Action A motion was made by Councilman Goss, seconded by Councilman White to approve Ordinance No. 2012-33 repealing Ordinance No. 2009-47; adopting the 2012 Edition of the International Fire Code; save and except the deletions and amendments set forth herein; providing for 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 hereof. A vote was taken and the motion passed 7-0. 9. Consider, and act upon, Ordinance No. 2012-34 repealing Ordinance No. 2008-14; adopting the 2012 Edition of the International Fuel Gas Code; save and except the deletions and amendments set forth herein; providing for 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 hereof. (D. Lancaster, Building Official) Minutes September 25, 2012 Wylie City Council Page 17 Council Action A motion was made by Councilman White, seconded by Councilman Scott to approve Ordinance No. 2012-34 repealing Ordinance No. 2008-14; adopting the 2012 Edition of the International Fuel Gas Code; save and except the deletions and amendments set forth herein; providing for 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 hereof. A vote was taken and the motion passed 7-0. 10. Consider, and act upon, Ordinance No. 2012-35 repealing Ordinance No. 2008-15; adopting the 2012 Edition of the International Mechanical Code; save and except the deletions and amendments set forth herein; providing for 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 hereof. (D. Lancaster, Building Official) Council Action A motion was made by Mayor Pro Tern Spillyards, seconded by Councilman White to approve Ordinance No. 2012-35 repealing Ordinance No. 2008-15; adopting the 2012 Edition of the International Mechanical Code; save and except the deletions and amendments set forth herein; providing for 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 hereof. A vote was taken and the motion passed 7-0. 11. Consider, and act upon, Ordinance No. 2012-36 repealing Ordinance No. 2008-16; adopting the 2012 Edition of the International Plumbing Code; save and except the deletions and amendments set forth herein; providing for 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 hereof. (D. Lancaster, Building Official) Council Action A motion was made by Councilman Goss, seconded by Councilwoman Culver to approve Ordinance No. 2012-36 repealing Ordinance No. 2008-16; adopting the 2012 Edition of the International Plumbing Code; save and except the deletions and amendments set forth herein; providing for 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 hereof. A vote was taken and the motion passed 7-0. 12. Consider, and act upon, Ordinance No. 2012-37 repealing Ordinance No. 2005-59; adopting the 2012 Edition of the International Property Maintenance Code; providing for 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 hereof. (D. Lancaster, Building Official) Minutes September 25, 2012 Wylie City Council Page 18 Council Action A motion was made by Councilman White, seconded by Mayor Pro Tem Spillyards to approve Ordinance No. 2012-37 repealing Ordinance No. 2005-59; adopting the 2012 Edition of the International Property Maintenance Code; providing for 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 hereof. A vote was taken and the motion passed 7-0. 13. Consider, and act upon, Ordinance No. 2012-38 repealing Ordinance No. 2008-12; adopting the 2012 Edition of the International Residential Code; save and except the deletions and amendments set forth herein; providing for 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 hereof. (D. Lancaster, Building Official) Council Action A motion was made by Councilman Goss, seconded by Mayor Pro Tem Spillyards to approve Ordinance No. 2012-38 repealing Ordinance No. 2008-12; adopting the 2012 Edition of the International Residential Code; save and except the deletions and amendments set forth herein; providing for 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 hereof. A vote was taken and the motion passed 7-0. 14. Consider, and act upon, Ordinance No. 2012-39 adopting the 2012 Edition of the International Swimming Pool and Spa Code; providing for 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 hereof. (D. Lancaster, Building Official) Council Action A motion was made by Councilwoman Culver, seconded by Mayor Pro Tem Spillyards to approve Ordinance No. 2012-39 adopting the 2012 Edition of the International Swimming Pool and Spa Code; providing for 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 hereof. A vote was taken and the motion passed 6-1 with Mayor Hogue, Mayor Pro Tem Spillyards, Councilwoman Culver, Councilman Jones, Councilman Scott, and Councilman White voting for and Councilman Goss voting against. 15. Consider, and act upon, Ordinance No. 2012-40 repealing Ordinance No. 2005-65; adopting the 2011 Edition of the National Electric Code; providing for 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 hereof. (D. Lancaster, Building Official) Minutes September 25, 2012 Wylie City Council Page 19 Council Action A motion was made by Councilwoman Culver, seconded by Councilman Jones to approve Ordinance No. 2012-40 repealing Ordinance No. 2005-65; adopting the 2011 Edition of the National Electric Code; providing for 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 hereof. A vote was taken and the motion passed 7-0. READING OF ORDINANCES City Secretary Ehrlich read the captions to Ordinance No.'s 2012-29 through 2012-40 into the official record. Mayor Hogue convened into Work Session at 8:25 p.m. WORK SESSION • Hold a Work Session to discuss potential development of approximately 320 acres generally located south of Sachse Road and west of Pleasant Valley. (Bruner-Groves and SW Medical Tracts). (R. 011ie, Planning Director) Planning Director 011ie addressed council stating that this discussion was for a potential development of approximately 320 acres generally located south of Sachse Road and west of Pleasant Valley for a mixed use development. The Southwest Medical portion has been approved for planned development. Most of the property is within the incorporated City but approximately 64 acres would need to be annexed in order to entertain zoning on this property. Staff has met with the developer on several occasions but wanted to have an opportunity to address some of the issues dealing with the property such as easements and the re-alignment of Pleasant Valley. 011ie explained that staff was seeking direction from council before moving forward with the developer. Ron Haines, representing The Haines Company, 3112 Hanover, Dallas, addressed council stating that he was a single family developer, in business for the past 30 years. Mr. Haines explained that now that the housing business has begun to recover, he was looking at more projects to do. He found the Southwest Medical property already approved as a planned development and researched out from there. He noted that D.R. Horton had contracted for the property adjacent to this planned development and felt the overall planning between D.R. Horton and The Haines Company would be an appealing master plan. He stated this was a preliminary proposal and he and D.R. Horton were aware of the great importance it was to the City and council. He noted the work session was to receive input from the council regarding the property development. Jerry Sylo, representing D.R. Horton, addressed council displaying a proposal for the 320 acre tract including the re-alignment of Pleasant Valley Road; one lane each direction using the waterline as a median and connecting the road with traffic circles. The proposal included 8,500 square foot, and up, lot sizes with a minimum home size of 2,500 square feet, leaving as much open land in the greenbelts and flood plains as possible, to include walking trails and other amenities. Minutes September 25, 2012 Wylie City Council Page 1 10 Choya and Alexis Tapp, Cheryl and Al Stufft, and Steven Montgomery spoke in favor of larger lots. Direction from council was not to use the proposed traffic circles as a means to slow traffic; larger lots and custom homes with higher price points. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 9:26 p.m. ADJOURNMENT A motion was made by Councilman Jones, seconded by Councilwoman Culver to adjourn the meeting at 9:27 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes September 25, 2012 Wylie City Council Page 11 r . , Wylie City Council -L, - AGENDA REPORT ;«OP 1,~ Meeting Date: October 9, 2012 Item Number: B. Department: Chris Hoisted- Engineering (City Secretary's Use Only) Prepared By: Glenna Hayes - Purchasing Account Code: Date Prepared: October 1, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Resolution No. 2012-34(R) approving the terms and conditions of a Wetlands Mitigation Professional Services Agreement by and between the City of Wylie and Wetlands Management, LP; authorizing its execution by the City Manager and providing an effective date. Recommendation Motion to approve Resolution No. 2012-34(R) approving the terms and conditions of a Wetlands Mitigation Professional Services Agreement by and between the City of Wylie and Wetlands Management, LP; authorizing its execution by the City Manager and providing an effective date. Discussion The reconstruction of Woodbridge Parkway from Hensley Lane to SH 78 includes the reconstruction and new alignment of a 4-lane concrete roadway. The project includes a bridge over Maxwell Creek and the NRCS Floodwater Retarding Reservoir No. 7. As a result, the project impacts 2.37 acres of waters of the U.S. which includes 0.84 acres of emergent wetlands and 1.46 acres of forested wetlands. On August 17, 2012 the Cities of Wylie and Sachse received a permit from the Corps of Engineers under Section 404 of the Clean Water Act to place fill material into waters if the United States. The permit includes a special condition that 4.3 credits be purchased from Wetlands Management L.P. (owner of Bunker Sands Mitigation Bank) to compensate for the adverse project impacts. Approved By Initial Date Department Director CH 10/2/12 City Manager Page 1 of 1 RESOLUTION NO. 2012-34(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF A WETLANDS MITIGATION PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND WETLANDS MANAGEMENT, LP; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Wylie has awarded a contract for the reconstruction of Woodbridge Parkway from Hensley Lane to SH 78 includes the reconstruction and new alignment of a 4-lane concrete roadway, including a bridge over Maxwell Creek and the NRCS Floodwater Retarding Reservoir No. 7; and WHEREAS, on August 17, 2012 the City of Wylie received a permit from the Corps of Engineers under Section 404 of the Clean Water Act to place fill material into waters if the United States, including a special condition that 4.3 credits be purchased from the Bunker Sands Mitigation Bank to compensate for the adverse project impacts; and WHEREAS, Wetlands Management L.P. owns Bunker Sands Mitigation Bank and has entered into an agreement and has been authorized by the United States Army Corp of Engineers to provide such services; and WHEREAS, the City Council has been presented with a professional services agreement between the City of Wylie and Wetlands Management L.P. for the purchase of 4.3 mitigation credits in the amount of$84,440; a substantial copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called "Agreement"); and, WHEREAS,upon full review and consideration of the Agreement and all matters attendant and related thereto, the City Council is of the opinion that the Agreement should be approved, and that the City Manager shall be authorized to execute it on behalf of the City of Wylie. Resolution 2012-34(R) Professional Services Agreement Wetlands Management L.P. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: Section I. The City Council hereby finds and determines that Wetlands Management L.P. has presented a professional services agreement, thus the purchase of such is exempt from competitive bid as provided for in V.T.C.A., Local Government Code, Section 252.022(a)(4). Section II. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED this the 9 day of October, 2012. ERIC HOGUE, Mayor ATTEST: CAROLE EHRLICH, City Secretary Resolution 2012-34(R) Professional Services Agreement Wetlands Management L.P. MITIGATION CREDIT SALES AGREEMENT This Mitigation Credit Sales Agreement (the "Agreement") is entered into by and between Wetlands Management, L.P., a Texas limited partnership ("Wetlands"), and City of Wylie, Texas (the "Purchaser"). RECITALS: A. This Agreement is entered into pursuant to that certain Mitigation Banking Instrument Agreement dated April 30, 2008, (the "MBI")between, among others, Wetlands Management, L.P., a Texas limited partnership ("Wetlands"), as the sponsor, and the U.S. Army Corp of Engineers ("USACE")which established the Bunker Sands Mitigation Bank(BSMB) under Permit Number SWF-2004-00420 (the "Bank"). B. Pursuant to the terms of the MBI, Wetlands intends to develop, restore, enhance, create and preserve wetlands, and open water habitat on certain real property described in the MBI in exchange for mitigation bank credits authorized by USACE (the "Credits"). C. The Purchaser is constructing certain roadway infrastructure, and in conjunction with such construction, USACE has required that the Purchaser provide off-site wetland mitigation to compensate for impacts to USACE jurisdictional waters. D. The Purchaser desires to purchase 4.3 credits to satisfy the Purchaser's mitigation obligation for 2.37 acres of impact to medium quality wetland habitat. The Purchaser's Permit Number is SWF-2010-00533. AGREEMENT: NOW, THEREFORE, for good and valuable consideration described in this Agreement, the receipt and sufficiency of which are hereby acknowledged, the Purchaser and Wetlands agree as follows: Resolution 2013-34(R) Professional Services Agreement Wetlands Management L.P 1. Sale of the Credits. Wetlands hereby agrees to sell and assign, and does hereby sell, assign, transfer and convey to the Purchaser, and the Purchaser hereby agrees to purchase and accept, and does hereby purchase, accept, acquire and receive from Wetlands, 4.3 credits. 2. Payment for Credits. In consideration of the delivery of the Credits, the Purchaser agrees to pay to Wetlands the sum of eighty four thousand four hundred and forty dollars and no/100 ($84,440.00) for all of the Credits purchased pursuant to this Agreement. 3. Representations. (a) Representations of Wetlands. Wetlands represents to the Purchaser the following: (i.) The Credits are free and clear of all liens,pledges, security interests or other encumbrances other than those imposed by the MBI; (ii.) Wetlands has duly taken all action necessary to authorize its execution and delivery of this Agreement and to authorize the consummation and performance of the transactions contemplated by this Agreement; (iii.) Wetlands shall issue to Purchaser such documentation as is required by USACE to show the purchase of 4.3 Credits was consummated by Purchaser in accordance with the MBI; (iv.) this Agreement, and all other agreements executed in connection with this Agreement, are the legal, valid and binding obligations of Wetlands, enforceable in accordance with their terms except as such enforcement may be limited by bankruptcy, insolvency or similar laws of general application relating to the enforcement of creditors' rights; and Resolution 2013-34(R) Professional Services Agreement Wetlands Management L.P (v.) Wetlands is operating and will continue to operate the Bank in accordance with all applicable USACE laws, regulations, orders, permit requirements, agreements and guidance, including, without limitation, the MBI and Permit Number SWF-2004-00420. Other than as expressly set forth above, Wetlands does not make any representations or warranties to Purchaser, including,without limitation, the suitability of the Credits or whether or not the Credits will satisfy, in whole or part, any mitigation obligation of the Purchaser. (b) Representations of Purchaser. The Purchaser represents to Wetlands the following: (i.) The Purchaser has duly taken all action necessary to authorize its execution and delivery of this Agreement and to authorize the consummation and performance of the transactions contemplated by this Agreement; and (ii.) This Agreement, and all other agreements executed in connection with this Agreement, are the legal, valid and binding obligations of the Purchaser, enforceable in accordance with their terms except as such enforcement may be limited by bankruptcy, insolvency or similar laws of general application relating to the enforcement of creditors' rights. Other than as expressly set forth above, Purchaser does not make any representations or warranties to Wetlands. 1. Confidentiality. The Purchaser shall keep absolutely confidential the existence of this Agreement, its terms, and all information regarding the MBI, Wetlands, the Credits and the Bank that the Purchaser learned, was provided or was otherwise disclosed to Purchaser in connection with the negotiation, execution and consummation of this Agreement, except for the disclosure of those items that are already in the public domain, where disclosure is otherwise required by law, or the disclosure is approved by Wetlands in writing. Wetlands acknowledges that the Purchaser is subject Resolution 2013-34(R) Professional Services Agreement Wetlands Management L.P to the Texas Public Information Act, and that the Purchaser's confidentiality obligations hereunder are subject and subordinate to the Purchaser's obligations under that act. 2. Notices. Notices or other communications under this Agreement by either party to the other shall be given or delivered sufficiently if they are in writing and are delivered personally, or are dispatched by registered or certified mail,postage pre-paid, or facsimile, addressed or delivered to the other party as set forth on the signature pages to this Agreement. 3. Binding Agreement; Assignment. This Agreement, and its benefits and obligations, shall inure to and bind the respective heirs, executors, administrators, successors and assigns of the parties hereto. This Agreement may not be assigned by Wetlands or the Purchaser without the written consent of the other. 4. Restriction on Recordation. Neither this Agreement nor any notice, memorandum nor notation thereof shall be recorded or disclosed by Wetlands or the Purchaser in any public records or in any document made public, except where disclosure is otherwise required by law. 5. Attorney's Fees. If there is a dispute between the Purchaser and Wetlands under this Agreement, the prevailing party shall be entitled to recover all costs incurred, including reasonable attorney's fees,paralegal's fees and appellate and post judgment proceedings and all costs thereof. 6. Final Agreement. This Agreement embodies the whole agreement of the Purchaser and Wetlands. This Agreement shall supersede all previous communications, discussions, representations, advertisements,proposals or agreements either verbal or written, between the Purchaser and Wetlands not otherwise contained in this Agreement. Resolution 2013-34(R) Professional Services Agreement Wetlands Management L.P 7. Captions. The captions in this Agreement are included for convenience only and shall be given no legal effect whatsoever. 8. Modification. This Agreement may not be modified except by written instrument executed by both the Purchaser and Wetlands. 9. Choice of Laws: Venue. This Agreement shall be governed by the laws of the State of Texas, and the venue for all disputes with respect to this Agreement shall be in Dallas, Dallas County, Texas. 10. Partial Invalidity. Should any part of this Agreement be rendered void, invalid or unenforceable by any court of law for any reason, such a determination shall not render void, invalid or unenforceable any other part of this Agreement, provided, however, that the parties receive the full consideration bargained for hereunder. 11. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall constitute an original, and all of which shall constitute one and the same agreement. (the remainder of this page intentionally left blank) Resolution 2013-34(R) Professional Services Agreement Wetlands Management L.P IN WITNESS WHEREOF, the Purchaser and Wetlands have executed this Agreement effective for all purposes as of the day of , 2012. WETLANDS: WETLANDS MANAGEMENT, L.P. By: John M. Dziminski Its: President Address: 2101 Cedar Springs Road Suite 1600 Dallas, TX 75201 Telephone: 214-849-9144 THE PURCHASER: City of Wylie, Texas By: Mindy Manson City Manager Address: 300 Country Club Road Wylie, Texas 75098 Telephone: 972-516-6018 Resolution 2013-34(R) Professional Services Agreement Wetlands Management L.P r . , Wylie City Council -L, - AGENDA REPORT ;«OP 1,~ Meeting Date: October 9, 2012 Item Number: C. Department: City Manager's Office (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: September 7, 2012 Budgeted Amount: NA Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2012-35(R) establishing energy conservation goals as required by Texas Health and Safety Code 388.005, as amended by Senate Bill 898 of the 82nd Legislative Session of 2011, State of Texas; Requiring the filing of an annual report on compliance with the City's energy conservation goals with the State Energy Conservation Office ("SECO") on a form provided by SECO; and providing an effective date. Recommendation Motion to approve Resolution No. 2012-35(R) establishing energy conservation goals as required by Texas Health and Safety Code 388.005, as amended by Senate Bill 898 of the 82nd Legislative Session of 2011, State of Texas; Requiring the filing of an annual report on compliance with the City's energy conservation goals with the State Energy Conservation Office ("SECO") on a form provided by SECO; and providing an effective date. Discussion The Texas Health and Safety Code 388.005 requires that Cities in nonattainment areas (Collin County is a nonattainment area) commit to reduce energy consumption each year by at least five percent(5%). Previously nonattainment area cities were required in the 2007 legislative session to meet the goal for six years beginning in September 1, 2007. Last year, the legislature amended 388.005 in Senate Bill 898 to extend the required annual reductions for ten years beginning September 1, 2001.Nonattainment area cities are also required to file an annual compliance report. The goals are largely unrealistic for growing Cities in our area. Street Lights and pumps related to our water and sewer systems account for over 65% of our electricity consumption. There are no penalties in the statute for failure to meet the goals, or failure to file the required reports, however, compliance with the establishing of goals and reporting are advised. Approved By Initial Date Department Director JB 10/1/2012 City Manager Page 1 of 1 RESOLUTION NO. 2012-35(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ESTABLISHING ENERGY CONSERVATION GOALS AS REQUIRED BY TEXAS HEALTH AND SAFETY CODE § 388.005, AS AMENDED BY SENATE BILL 898 OF THE 82ND LEGISLATIVE SESSION OF 2011, STATE OF TEXAS; REQUIRING THE FILING OF AN ANNUAL REPORT ON COMPLIANCE WITH THE CITY'S ENERGY CONSERVATION GOALS WITH THE STATE ENERGY CONSERVATION OFFICE ("SECO") ON A FORM PROVIDED BY SECO; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Senate Bill 898 of the 82nd Legislative Session of 2011 amends the Texas Health and Safety Code § 388.005, to require political subdivisions in nonattainment areas to establish a goal to reduce electric consumption by at least five percent each state fiscal year for 10 years beginning September 1, 2011; and WHEREAS, the City of Wylie, Texas ("City") is a political subdivision located in a nonattainment area or in an affected county, not otherwise exempted from having to establish an energy conservation goal; and WHEREAS, Senate Bill 898 requires the City to file an annual report of energy conservation efforts with SECO on a form to be provided by SECO; and WHEREAS, reduction in consumption of electricity at City electric accounts will reduce electric generation requirements, which will in turn have a beneficial impact on ERCOT system reliability, air quality, and the City's budget. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF Wylie, TEXAS THAT: Section 1: The City hereby establishes a goal that electricity consumption be reduced by five percent each fiscal year for ten years, beginning September 1, 2011. Section 2: The City file an annual energy consumption goal compliance report with SECO on a form provided by SECO. Section 3: This resolution shall become effective immediately upon its passage. Resolution No.2012-35(R) Establishing Energy Conservation Goals PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THIS 9TH DAY OF OCTOBER, 2012. APPROVED: Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2012-35(R) Establishing Energy Conservation Goals Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: October 9,2012 Item Number: D. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: September 27,2012 Budgeted Amount: Exhibits: Five Subject Consider, and act upon, Ordinance No. 2012-41, amending PD 2003-18, Section 5.b.i to re-establish the front and rear yard setbacks for the Townhouse (TH) District. ZC2012-09 Recommendation Motion to approve Ordinance No. 2012-41, amending PD 2003-18, Section 5.b.i to allow twenty (20) foot front and rear setbacks for Block E, Lots 5-44 and Lots 48-53; to maintain a front yard setback of fifteen (15) feet and a rear yard setback of twenty-five (25) feet for Block E, Lots 45-47 and 54-59. ZC2012-09 Discussion Owner: D.R. Horton Applicant: JBI Partners Zoning Case 2012-09 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. Phase 1B consists of 55 single-family attached townhouse lots and 5.479 acres of dedicated open space. The amendment allows for Block E, Lots 5-44 and Lots 48-53 to have a front yard setback of twenty (20') feet and a rear yard setback of twenty(20') feet; Block E, Lots 45-47 and 54-59 must adhere to the original setbacks as set forth in PD 2003-18 with a front setback of 15' and a rear yard setback of 25'. The above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Approved By Initial Date Department Director RO 09/27/12 City Manager Page 1 of 1 ORDINANCE NO. 2012-41 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2012-09, FROM PLANNED DEVELOPMENT (PD-2003-18) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT — TO ALLOW A TWENTY (20') FOOT FRONT AND REAR YARD SET BACK FOR BLOCK E, LOTS 5-44 AND LOTS 48-53; AND TO REQUIRE A FRONT YARD SETBACK OF FIFTEEN (15') FEET AND A REAR YARD SETBACK OF TWENTY-FIVE (25') FEET FOR BLOCK E, LOTS 45-47 AND 54-59; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD-TH), said property being described in Exhibit "A" (Legal Description), Exhibit "B" (Zoning Exhibit), and Exhibit "C" (PD Conditions), Exhibit "D" (PD 2003-18 Conditions) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No.2012-41 ZC 2012-09 Wylie Lakes 1B SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of October, 2012. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary DATE OF PUBLICATION: ,in the Ordinance No.2012-41 ZC 2012-09 Wylie Lakes IB Exhibit"A" Legal Description ZC #2003-08 Being a 121.11 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, in Collin County, Texas, and being all of that certain called 94.16 acre tract described in a deed from Wiley Enterprises, Inc., to Arapaho East, Inc., dated February 13, 2002 and recorded in Volume 05108, Page 01984 and that certain called 49.247 acre tract (Tract 1)described in a deed from the Boyd Living Trust to Arapaho East, Inc., dated August 18, 1998 and recorded in Volume 4242,Page 1505, save and except those certain called 16.48 and 5.50 acre tracts conveyed to Kansas City Southern Railway Company in October, 1998. All of the above referenced deeds being recorded in the Deed Records of Collin County,Texas, said 121.11 acres of land to be more particularly described as Tract 1 by metes and bounds as follows: BEGINNING at a fence corner post found for the southwest corner of the above referenced 94.16 acre tract and the southeast corner of the North Texas Municipal Water District tract, as recorded in Volume 3713, Page 417, of said Deed Records and being in the north boundary line of the above referenced Tract 1; THENCE, northerly with the west line of said 94.16 acre tract and the east line of said North Texas Municipal Water District tract, the following two (2) courses and distances: 1. N 01°07'02" E, a distance of 629.04 feet to a 3-1/2 inch aluminum disc engraved 4606-1 found in a United States Army Corps of Engineers (C.O.E.) monument, for a northeast corner of said North Texas Municipal Water District tract, and a southeast corner of a United States of America tract; 2. N 01°28'26" E, a distance of 609.68 feet, continuing with the west boundary line of said 94.16 acre tract and the east boundary line of said USA tract to a 3-1/2 inch aluminum disc engraved 4607-1-4 found in a C.O.E. monument; THENCE, with the north line of said 94.16 acre tract and the south boundary line of the United States of America tract, as described in Volume 714, Page 841, of said Deed Records the following fifteen (15) courses and distances: 1. N 45°12'09" E, 639.53 feet to a 3-1/2 inch aluminum disc engraved 4607-1-3 found in a C.O.E. monument; 2. N 88°58'00" E, 856.19 feet to a 3-1/2 inch aluminum disc engraved 4607-1-5 found in a C.O.E. monument; 3. S 01°03'37" E, 162.66 feet to a 3-1/2 inch aluminum disc engraved 4607-1-2 found in a C.O.E. monument; 4. S 00°15'16" E, 849.70 feet to a 3-1/2 inch aluminum disc 'engraved 4607-1-1 found in a C.O.E. monument; 5. S 57°21'25" E, 99.76 feet to a 3-1/2 inch aluminum disc engraved 4608-1 found in a C.O.E. monument; 6. S 58°36'24" E, 288.68 feet to a 3-1/2 inch aluminum disc engraved 4607-2-4 found in a C.O.E. monument; 7. N 46°25'09" E, 410.01 feet to a 1/2 inch rebar with red plastic cap stamped "Griffith 4846" found; 8. N 46°39'46" E, 500.05 feet to a 3-1/2 inch aluminum disc engraved 4607-2 found in a C.O.E. monument; 9. N 04°12'14" E, 294.07 feet to a 3-1/2 inch aluminum disc engraved 4607-2-2A found in a C.O.E. monument; 10. N 04°08'22" E, 396.55 feet to a 3-1/2 inch aluminum disc engraved 4607-2-2 found in a C.O.E. monument; 11. N 23°21'36" E, 393.22 feet to a 3-1/2 inch aluminum disc engraved 4607-2-1A found in a C.O.E. monument, from said point a 60d nail found bears S67°21'55" W, 119.69 feet; 12. N 24°04'34"E, 155.30 feet to a 3-1/2 inch aluminum disc found in a C.O.E. monument,said point and the markings thereon were disturbed, and being at the beginning of a curve to the right,having a radius of 400.95 feet; 13. 497.38 feet along the arc of said curve,through a central angle of 71°04'34"and a chord bearing and a chord distance of N 57°38'03"E, 466.10 feet to a'h inch rebar with red plastic cap stamped"Griffith 4846" found in the south right-of-way line of Skyview Drive; 14. N 87°43'36"E, 118.88 feet to a'/2 inch rebar with red plastic cap stamped"Griffith 4846"found, and; 15. S 88°46'00" E, 963.39 feet to a fence post found for the northeast corner of said 94.16 acre tract and being the northwest corner of the Lavon Ranchettes Subdivision, as described in Cabinet"A", Slide 148 of the Plat Records of said County; THENCE, S 01°46'13"W, a distance of 642.64 feet with the east boundary line of said 94.16 acre tract and the west boundary line of said Lavon Ranchettes to a 3-1/2 inch aluminum disc engraved 4607-3-9 found in a C.O.E. monument in the northwesterly right-of-way line of the Dallas Area Rapid Transit Property Acquisition Corporation tract, as described in Volume 3424, Page 126 of said Deed Records; THENCE, southwesterly and westerly with the southeast boundary line of said 94.16 acre tract and the northwest boundary line of said Dallas Area Rapid Transit Property Acquisition Corporation tract, the following three (3) courses and distances: 1. S 72°21'31" W, a distance of 601.82 feet to a 1/2 inch rebar with red plastic cap stamped"Griffith 4846" found at the beginning of a curve to the left, having a radius of 1959.86 feet; 2. 925.58 feet along the arc of said curve,through a central angle of 27°03'32", and a chord bearing and a chord distance of S 58°49'45" W, 917.00 feet to a 1/2 inch rebar with red plastic cap stamped "Griffith 4846" found; 3. S 45°17'59" W, a distance of 1796.71 feet to a fence post found for a southeast corner of said 94.16 acre tract and the northeast corner of the above referenced 16.48 acre KCS Railway Company tract; THENCE,N 89°01'23"W,with the south boundary line of said 94.16 acre tract and the north boundary line of said 16.48 acre tract at a distance of 642.23 feet,passing the northwest corner of said 16.48 acre tract and the northeast corner of the above referenced 5.50 acre KCS Railway Company tract and continuing a total distance of 800.45 feet to a North Texas Municipal Water District monument found for the northwest corner of said 5.50 acre tract and the northeast corner of the above referenced Tract 1; THENCE, S 51°37'25" W, a distance of 1758.40 feet with the southeast boundary line of said Tract 1 and the northwest boundary line of said 5.50 acre tract to a'/z inch iron rod found for the southeast corner of said Tract 1 and the northeast corner of the Lorene Virginia Hade-Freeman tract as recorded in Volume 2946, Page 77 of said Deed Records; THENCE, N 88°44'56" W, a distance of 609.48 feet with the south boundary line of said Tract 1 and the north boundary line of said Freeman tract to a '/ inch iron rod set for the southwest corner of said Tract 1 and the northwest corner of said Freeman tract and being in the east right-of-way line of County Road 389 and in a curve to the right whose functions are as follows: An angle of 50°32'26", a radius of 1020.00 feet,a tangent of 481.50 feet and whose chord bears N 26°32'08" E, a distance of 870.85 feet; THENCE, in a northeasterly direction continuing with the west boundary line of said Tract 1 and the east right-of-way line of County Road 389 and said curve to the right a distance of 899.74 feet to a point at the end of said curve and the beginning of a curve to the left whose functions are as follows: An angle of 22°36'00", a radius of 1080.00 feet, a tangent of 215.81 feet and whose chord bears N 40°30'21" E, a distance of 423.24 feet; THENCE, in a northeasterly direction continuing with the west boundary line of said Tract 1 and the east right-of-way line of County Road 389 and said curve to the left a distance of 426.00 feet to a fence post found for the northwest corner of said Tract 1 and at the intersection of the south boundary line of the above mentioned NTMWD tract as recorded in Volume 3713, Page 417 with said east right-of-way line; THENCE, S 89°01'23" E, a distance of 698.05 feet with the north boundary line of said Tract 1 and the south boundary line of said NTMWD tract to the Place of Beginning and containing 121.11 acres of land or 5,275,576 square feet. .'' ,. :7. ,,....:= TJ •.,..-< .•.„, .,., .•,:,...,:. ,:i.,,,:,,,,,...,,,, 111 Subject 1 bill ..,rn14 Property ' 1111111- I ! I,• n I cnr I i / 1111111111I ; �IIIIIIII' `� '/ I 111 LJ �t t i/ • x. � if c, ,I ; � r._._._. , B-` �� r'r ` 4. , veer I,nn., �, \ i COUTO:A 40.,C I I ❑ I ' 1 1 1 I , I ' 1 r I ' 1 1 3 i f I 1 f 1 1 .i l 11� T_ I _-0 I ' 1 1 1 L = 1 . . I i 1 1 I 1 I 1 ( 1 1118 1 State Highway No. 78 ` 11. . 1 1 I fl I 1 1 ILrJ�! 1�' I� I � 1 1 I I I • 1 • • r 1/11111111111111�0�! • / I _ Itot �— • C •— s -- 1 - COIIIC Court f r 1 I �� WV31hem • 1 MTT _ _�__ � _ _ _ _ __ _ I II) I ! 1 I I N = 11 1 Hill LOCATION MAP ZONING CASE #2012-09 / / o J C6 / SS // / LAVON LAKE 14 �� / • �j / / / \_ ? D 90°T' / / East Y • ,, °° / / / / Park Fork) 13 / � / / / -Thin 12 \ ' O / / / / / \ / / / &ti �� /t 'r'9C SKYVI �, 'O4 STgT.6.,O 1,, \ / / r >>A O (1 ,_ - / / / • ,. �, O. BMF�i SITE I A F � c / / 3 ,/ �� \ / / ��i LYNDA � SI 4 � ,,. 7 c., \ , � 4„ (S 0•�N I / / / / �. . F RY o R�CR� 1 \ A , s7, 41. / / 7 A l & s N. \ 1 I / / �� DOG DROP 13 y 00 ��c,Q / / / / OPEN ra ,� aw t/ts �� / / / LOT 19 BLO/ i,r) / / 8 o Q DEDICATED TO % yWYLIE LAKES, PHASE 1A + �� / / CITY OF WYLIE / c7 c_" // DEVONSHIRE/ / / D.R. H RTON—TE AS LTD. / 4Y) w WYNDHAMJ/ CALLIE VOL. 5867, PG. 4328 \ / j �� - �'J 7 m / 0 '� , 'S' VICINITY MAP S 9 / / // 57 / / / O 6> �� NOT TO SCALE o N O // 10 / ''j // P�� \ / / / 513-1" / // / / (1,� • O 6 DX +\'^�P e" / / \6 5 \&D) / '<</"k'- N 1 / / //2 '\5 _ // �'� / // D .STREET ACCESS EASEMENT� 0 D.. 007 � �,• / / / / S hi R>?) , / / \''5 � , EET AND U LITY E EMENT �/ / \ \ Z Z- , \ \\ 6 J / / ,�O / / > �'j40* DOC. N0. 06102 015115i ci / / // �O � / �:- �' �\ / eo' NAVIGATORS III, L.L.C. O / *D / / / s S� VOL. 5867, PG. 4404 / ' 15C) \,- V.j›.. (5,6, ,/ L=46.43 / / Q. // I �\ N.p¢p�e �� \ oA1 =325.01' // / / / ��QQ�q, 6 / `L �� 6 p�c,.� \ /// T \<< ' 23. 5 ,��, / / / / / �� V • D� �o ,/ ,� hd. . rg.=S62 38 3 E 0v� D �� v / , / // �Zv." () o � '►� �, 40 / '` �� • ,o <0: 5F.' / / / / / / , �� 1\, p� N� .) 0 7 � SSE 6 0��l3.V V / // F �,� � . z / , \ �� 0,1 ,� / / �� DETAIL •/ • 6/ / ' Oj S, \/ / ff- O .rso<sy / i3 R �ti / LE. / O 6)-o . / / / / / r • ..) / / / / ' \e a kl-v / I 73 -/- _ /- / -(,e- - - - - o \ 4 t Alr----- ------------- 411"'S / 473 / / / . / co 4 \ ,-_• <r'q 7: 57: A oL \ / E. / / / / 0' UE. COLEY LANE ' 6.1114 gal 1 � 9. ��o ►' �� / �� o� NAVIGATORS III, L.L.C. 95; // — _ _ / / N �Q�O�� / J® VOL. 5867, PG. 4404 0• // / — — _ A ] z'�, �Q� Q / / • \ 5 ACRES) I, �, g ,� ► ��, ��Qp�`o cb /' 6)7 o7 ' �� / A OPEN SPACE // �// /o 0 5 6 7 8 � `9 , A o��P�o � N S� iso // LOT 60 BLOCK E // //// // o N o d� o o a 20 1� �� " � o /� / S' , 1' / ! DEDICATED TO THE / / / / o off' o 0 0 ' 6' / �o / 20' WYLIE NORTHEAST .' 40 J WATER SUPPLY EASEMENT � CITY OF WYLIE / !� � � � � � � � � � o / / / p p tA VOL. 662, PG. 317 ► � _ / /// // �I V A O / VC 11 / / SEE / Q\ �� 6�, 6 /7//N,, —— DETAIL U.E- / .. co 6 N 89 35 52 W 17. 2 ND / ass ��`, cv / �` �09 �� 22.123 ACRES 5 s �Dc ��, A rn THE KANSAS CITY SOUTHERN RAILWAY CO. Q.� / ivi O0 "� ui VOL. 4421, PG. 1929 iv �/ 'L9 E \ \cS 0 k_"N % 7 VC 0 e_CYQP v NOTES: cS �� ,j �-�\ �� / &- � 0 50 25 0 50 100 1. PROPERTY SUBJECT TO A 20' WYLIE NORTHEAST WATER SUPPLY 6 / / �'� / • '7 /9 •/ ,� �o�ti�o� CORPORATION EASEMENT AS RECORDED IN VOLUME 662, PAGE 317, COLLIN • COUNTY DEED RECORDS, TEXAS. N / `�/ / �. �`'D'eG I" = 50' - 0" /� / O 7 6- / k,'-Qp (0 >, co 2. PROPERTY SUBJECT TO A 20 NORTH TEXAS MUNICIPAL WATER DISTRICT • / oQ.se- ZONING EXHIBIT v EASEMENT AS RECORDED IN VOLUME 514, PAGE 185, COLLIN COUNTY DEED o �! • �O)>> `9�' liji / `, 'w RECORDS, TEXAS, AND A NORTH TEXAS MUNICIPAL WATER DISTRICT + `V //\ L. A EASEMENT AS RECORDED IN VOLUME 686, PAGE 438, COLLIN COUNTY DEED Er)' ) '�j� 6' WYLIEWYLIE LAKES, PHASE 1 B RECORDS, TEXAS. �\ �jLq � o�C / A V v 3. THE NORTH TEXAS MUNICIPAL WATER DISTRICT EASEMENTS RESTRICT co ��' 13.287 ACRES OUT OF c°' 10 x10 VISIBILITY \ .- CONSTRUCTION OF PERMANENT STRUCTURES SUCH AS FOUNDATIONS, WALLS, EASEMENT y 7s / , J FRANCISCO DE LA PINA SURVEY, o POOLS, AND PERMANENT STORAGE BUILDINGS. ITEMS SUCH AS DRIVEWAYS, •6 C4 •� ABSTRACT NO. 688NI FENCES, SPRINKLER SYSTEMS, AND NORMAL LANDSCAPING PLANS THAT STREET R.O.W. 10 ` N -. / 6'� / ENCROACH ON THE NORTH TEXAS MUNICIPAL WATER DISTRICT EASEMENTS _ _ 10 S c� yy wo ARE ALLOWED. FENCE POST FOUNDATIONS ARE RESTRICTED TO AN 15' BL �"� >> `9�' // CITY OF WYLIE, o INSTALLATION DEPTH NO DEEPER THAN 18 INCHES BELOW FINAL GROUND / / _ ELEVATION. HOWEVER, THE NORTH TEXAS MUNICIPAL WATER DISTRICT / , ' ► •6, / COLLIN COUNTY, TEXAS SIDE LOT SIDE LOT 6'' ` / ZONED - TH ASSUMES NO RESPONSIBILITY FOR DAMAGES RESULTING FROM THE NEED TO LEGEND //> REPAIR OR MAINTAIN THE NORTH TEXAS MUNICIPAL WATER DISTRICT LINE LINE o ` OWNER DEVELOPER 4w,de PIPELINES. FURTHER, ANY COST OF REPAIR FOR DAMAGE TO THE PIPELINES v/ /• / > /' D.R. HORTON — TEXAS, LTD. / a RESULTING FROM CONSTRUCTION BY THE DEVELOPER, CONTRACTOR, OR LOT LOT w `/ / / / w OWNER WILL BE THE RESPONSIBILITY OF THE DEVELOPER, CONTRACTOR, OR 2O FRONT SETBACK -9 ,fir), .,, • 4306 Miller Road, Suite A (214) 607-4244 0 OWNER. FRANCHISE UTILITIES ARE NOT PERMITTED IN THE NORTH TEXAS N 20' REAR SETBACK L - 7'� Rowlett, Texas 75088 cn MUNICIPAL WATER DISTRICT EASEMENTS EXCEPT FOR CROSSINGS. CROSSING TO .... OF THE NORTH TEXAS MUNICIPAL WATER DISTRICT EASEMENT WITH �o'x�o' U.E. 5' 1F4' 9�, JBI PARTNERS, INC. SURVEYOR/ENGINEER FRANCHISE UTILITIES, SHALL BE COORDINATED WITH THE NORTH TEXAS 15' FRONT SETBACK2 MUNICIPAL WATER DISTRICT TO AVOID DAMAGE TO THE NORTH TEXAS 'rio. 4'� MUNICIPAL WATER DISTRICT FACILITIES. 25' REAR SETBACK i' 16301 Quorum Drive, Suite 200 B (972) 248-7676 Addison, Texas 75001 4. COORDINATES SHOWN HEREON ARE NAD 83 TEXAS STATE PLANE, DETAIL A 6 NORTH CENTRAL ZONE COORDINATES REFERENCED FROM THE CITY OF WYLIE, TYPICAL EASEMENT DETAIL REVISED SEPTEMBER 27, 2012 3 TEXAS MONUMENT CM-1. 55 TOWNHOME LOTS AUGUST 15, 2012 0 0 EXHIBIT "C" WYLIE LAKES PHASE 1B CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE NO. 2012-09 1) Statement of Purpose: Section 5.b.i is amended to read as follows and is applicable to Wylie Lakes Phase 1B. All other standards of PD 2003-18 remain in effect, except as specifically provided herein; 5) SPECIFIC REGULATIONS: b) Development Standards i) Residential per point requirements for SF-1A-26, SF-8.5/17, and TH contained in the City of Wylie Zoning Ordinance. Figure 3-14 shall apply per Village Residential Districts SF-8.5/17, and TH of the City of Wylie Zoning Ordinance, with the following exceptions: (1) Block E, Lots 5-44 and Lots 48-53 to have a minimum front yard setback of twenty (20') feet and a rear yard setback of twenty(20') feet. (2) Block E, Lots 45-47 and 54-59 to have a front yard setback of fifteen (15') feet and a rear yard setback of twenty-five (25') feet. Exhibit "B" Conditions for Planned Development District Zoning Case 2003-08 Wylie Lakes A Village Center Development 1) Statement of Purpose:This Planned Development is intended to achieve an efficient and balanced mix of land use on diverse properties of limited connectivity and varied configuration, located adjacent to Lake Lavon Public Lands,a railroad yard and corridor, and providing for the extension of Park Boulevard. 2) Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance of the City of Wylie as adopted and amended, except as specifically provided herein; 3) General Regulations: All regulations providing for a Residential and Village Center District as set forth in Section 3.1 (SF-1A/26), Section 3.3 Village Residential Districts (TH and SF-8.5/17), and Section 4.1 Village Center Neighborhood Service(NS) District of the Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the provisions hereunder. 4) Development Plans: Development plans shall be submitted and approved for each and all subsequent phases of development, and each phase shall be in conformance with the Conceptual Plan attached herewith in Exhibit `C'. However, in the event of conflict between the Concept plan (Exhibit `C') and the written conditions of this ordinance, the written conditions shall apply. 5) Specific Regulations a) Land Use i) Uses per City of Wylie Zoning Ordinance (1) Tract 1 (a) Neighborhood Service (b) SF-8.5/17 (2) Tract 2 (a) Neighborhood Service (b) SF-8.5/17 (c) TH (3) Tract 3 (a) SF-1 A/26 b) Development Standards i) Residential per point requirements for SF-1A/26, SF-8.5/17, and TH contained in the City of Wylie Zoning Ordinance. Figure 3-12 of the City of Wylie Zoning Ordinance shall apply for Country Residential District SF-1 A/26. Figure 3-14 shall apply per Village Residential Districts SF-8.5/17, and TH of the City of Wylie Zoning Ordinance. ii) Non-Residential per point requirements of NS. Figure 4-6 through 4-8 of the City of Wylie Zoning Ordinance. c) Residential Density and Lot Requirements: i) Density and Residential Lot mix (1) Number of Residential units: (a) 293 units maximum (2) Distribution of the Single-Family Dwelling Unit types (as specified in the following text: TH, SF-8.5/17, SF-1A/26) shall be distributed as shown on the Concept Plan Exhibit"C". (3) Lot mix for Single Family shall not exceed: (a) 80 —TH Patio Homes or Single Family Attached (b) 185 — SF-8.5/17 Single Family Detached (c) 28 — SF-1A/26 Single Family Detached (d) The overall total number of lots shall not exceed the maximum number of units allowed in this Planned Development. d) Alleys (1) Are not required. gi. `'- Wylie City Council 8 ;;,. w: AGENDA REPORT a18.7• BrA, ns SG.}�i Meeting Date: October 9, 2012 Item Number: E. Department: Finance/Purchasing (City Secretary's Use Only) Prepared By: Glenna Hayes Account Code: Date Prepared: October 1, 2012 Budgeted Amount: Exhibits: Subject Consider, and act upon, the approval of the use of Fleet Fuel Cards from U.S. Bank in the estimated annual amount of up to $50,000, through an existing State of Texas contract and authorizing the City Manager to execute any necessary documents. (Wylie Contract#W2013-5-I; Texas State Contract#946-C1) Recommendation A motion to approve the use of Fleet Fuel Cards from U.S. Bank in the estimated annual amount of up to $50,000, through an existing State of Texas contract#946-C1, effective 4/20/12—4/30/14 with renewals. Discussion Utilization of this contract will provide a secondary discounted fleet fuel program for the City. The intended use is for purchases made when access to the Wylie Independent School District (WISD) fueling station are not practical and costs are expected to decline as use of the WISD fueling station increases. The City is authorized to purchase from this existing contract pursuant to Section 271 Subchapter D of the Local Government Code; and by doing so satisfies any State Law requiring local governments to seek competitive bids for items. Approved By Initial Date Department Director LB 10/1/12 City Manager Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: October 9, 2012 Item Number: 1. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: September 28, 2012 Budgeted Amount: $ Exhibits: Three Subject Conduct a Public Hearing for the annexation of a 52.4676 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas, generally located south of S. H. 78 N, and east of Wylie East Drive. Recommendation n/a Discussion This annexation is at the request of the property owner, Bill & Donna Lewis and Applicant Jim Douglas with Douglas Properties, Inc. The subject tract is contiguous to and north of Wylie East High School. The intent is to acquire, annex, zone and develop a single-family residential subdivision of varied densities, also including parkland, open space and pedestrian trails connecting to Wylie East High School. Proposed lots would range from 6,000 sq. ft. to 10,000 sq. ft. in size with added amenities. There will be some consideration for a small parcel to be set aside for neighborhood services zoning for light commercial uses. Access to the property would be from Wylie East Blvd and Bennett Road. Exhibits attached: Exhibit"A"Petition for Annexation; Exhibit"B" Legal Description; Exhibit"C"Aerial Before a municipality may begin annexation proceedings, the governing body of the municipality must conduct two (2)public hearings at which persons interested in the annexation are given the opportunity to be heard. The notice for each hearing must be published at least once on or after the 20th day but before the 10th day before the date of the hearing and must remain posted on the municipality's website until the date of the hearing. In compliance with state law, the following schedule has been adhered to: Notice published for Public Hearings September 26, 2012 and October 3, 2012 First Public Hearing October 9, 2012 Second Public Hearing October 23, 2012 Adoption of Ordinance November 13, 2012 Page 1 of 2 Page 2 of 2 Article 1, Section 3 of the Wylie City Charter authorizes the City Council to adjust boundaries. This annexation is being conducted in compliance with Sections 43.052 (h) (2) and 43.063 of the Local Government Code. Approved By Initial Date Department Director RO 06/20/12 City Manager PETITION FOR ANNEXATION THE STATE OF TEXAS: COUNTY OF COLLIN: TO THE CITY COUNCIL OF THE CITY OF WYLIE,COLLIN COUNTY,TEXAS: Now comes Bill and Donna Lewis of the County of Collin And the State of Texas,and represents to the City Council of the said City of Wylie,Texas,that he/she is the owner or is acting for all of the owners or partnerships or corporation who are owners of the following described tract of land which is contiguous and adjacent to the City of Wylie, in Collin County, Texas, and in which has less than three (3) qualified voters, reside and is not more than one-half mile in width as described as follows: Witness the hand of this petitioner this the /44 day of Srreezei012 Signature R;L) E. LeU) / ôOJa S C, 1_.Q(Q_lo Please Print Name iSEerJu RA / f O -BoXGf3 Address City State Zip • LEGAL DESCRIPTION LEGAL DESCRIPTION BEING, all of a 35.289 acre tract of land situated in Collin County, Texas out of the F. De La Pina Survey, Abstract No. 688, said tract conveyed to Bill E. &Donna C. Lewis by deed recorded in Volume 4404, Page 2493 of the Deed Records of Collin County, Texas, and part of a 35.289 acre tract of land situated in Collin County, Texas out of the F. DE La Pina Survey, Abstract No. 688 said tract conveyed to Bill E. & Donna C. Lewis by deed recorded in Volume 4676, Page 1819 of the Deed Records of Collin County, Texas being more particularly described as follows; BEGINNING, at an iron stake for corner in the East line of said survey, said point being the Northeast corner of WYLIE EAST HIGH SCHOOL, an addition to the City of Wylie as recorded in Volume 2008, Page, 138 of the County Property Records of Collin County, Texas; THENCE,N 88°51'25" W, along the said north line of Wylie East High School, a distance of 1988.81 feet to the east right-of-way line Wylie East Drive(a variable width right-of-way), a point for corner; THENCE,along the said east right-of-way line of Wylie East Drive the following: North, a distance of 570.77 feet to a point for corner; N 00°00'51" E, a distance of 677.74 feet to a point for corner; Along a non-tangent curve to the left,having a central angle of 04°48'50", a radius of 2000.00 feet, and an arc distance of 167.99 feet, with a chord bearing of N 15°13'50"W- 167.94 feet to a point for corner; N 17°38'13" W, a distance of 11.81 feet to a point on the south right-of-way line of State Highway No. 78(a variable width right-of-way)to a point for corner; THENCE, along a non-tangent curve to the left,having a central angle of 02°34'00", a radius of 5797.08 feet, and an arc distance of 259.58 feet, with a chord bearing of N 70°57'20" E-259.56 feet to a point for corner; THENCE S 88°56'04" E, leaving said south right-of-way line of State Highway No. 78, a distance of 1088.85 feet to a point for corner; THENCE S 01°08'35" W, a distance of 1006.63 feet to a point for corner; THENCE S 88°51'25" E, a distance of 723.27 feet to a point on the west right-of-way line of Bennett Road(C.R. No. 434) a point for corner; THENCE, S 00°07'32" W, along said west right-of-way line of Bennett Road a distance of 505.08 feet to the PLACE OF BEGINNING and containing 2,285,490 square feet or 52.4676 acres of land. Copyright City of Wylie ' • ,•IV" 1. c. • !y • r 120.4.- . .lig ti _ ram„ ,T 7 AI 4 ;,: . _ I.ra w • lk--iii,ewis,Dr to / file .:., >, lik e .e ,Y. I n.l.n ra.4, ` ' D..!rift I le .f ,. ' w• e 'f l'i Tf i i •''J I1;1 -_ ntc1I icem,lir 11mi 1 . I • p 1'f •, -'t r •iI•)r r I . .' I ' el e in v �� alig n. . . 4:2;ii.'Id k 1.1 )r ;o_ • . _ • +0; . 1/ ' ' % r t . 0 . .0*•11-' . ire- 'elk ZDI(-lg- -1-"Par. bennett Rd -- 00 Mft • 0 *. AI. t • ^Vii a • I i •- . ,11 0 14 f .4 , 4r * • DISCLAIMER �]j This data has been compiled for N MyMap Venous official and unofficial WYLIE dl ii i.flc' sources were used to gather this*ma City of Wylie information.Every effort was made to ensure the accuracy of this CITY OF WYLIE data,VII:r— e hoor pli, o guaranteeothe a is given or implied as to the accuracy ' q of said data. Wylie City Council CITY OF WYLIE A G E N D A REPORT Meeting Date: October 9, 2012 Item Number: 2. Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: October 2, 2012 Budgeted Amount: Exhibits: Subject Consider, and act upon, authorizing the Wylie Economic Development Corporation to purchase properties located at 711 and 713 Cooper Drive; further described as Wylie Industrial Park Block A, Lots 2A, 3, and 4. Recommendation Motion to authorize the WEDC to purchase properties located at 711 and 713 Cooper Drive; further described as Wylie Industrial Park Block A, Lots 2A, 3, and 4 for the amount of$400,000. Discussion The Wylie Economic Development Corporation (WEDC) is under contract to purchase 1.089 acres near F.M. 544 from Jerry and Carmie Randack for $400,000 or $8.43 per square foot. The property is made up of a 0.459 acre tract with an 8,880 square foot building and an adjacent 0.63 acre tract. Both properties are located on Cooper Drive and are adjacent to a vacant 1 acre tract already owned by the WEDC. As part of the bid process to finance the extension of Woodridge Parkway, the WEDC has secured 100% financing from American National Bank at 3.99%. While the Board had planned to only finance 80% of the purchase, the extremely aggressive interest rate combined with the potential for several new projects facing the WEDC over the next three months led the Board to opt for increasing WEDC cash reserves. The WEDC currently owns 2.7 acres on Cooper Drive with purchase prices ranging from $6.57 to $9.66 per square foot. It is the long-range goal of the WEDC Board of Directors to transition Cooper Drive from light industrial to uses more consistent with the corridor commercial zoning in place. Approved By Initial Date Department Director SS 10/02/2012 City Manager Page 1 of 2 84.1 EvI.,,t4 f * : 1 Wylie City Council - -L' - AGENDA REPORT ;«OP 1,~ Meeting Date: October 9, 2012 Item Number: 3. Department: Public Services (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: September 18, 2012 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, the acceptance of the resignation of Gloria J. Smith, Board Member for the Parks and Recreation Board and the appointment of a new member to the Parks and Recreation Board for the unexpired term of June 2012 to June 2014. Recommendation A motion to accept the resignation of Gloria J. Smith and the appointment of to the Parks and Recreation Board. Discussion Staff is requesting the appointment of a new Parks and Recreation Board member to replace Ms. Gloria J. Smith, who is resigning due to a work promotion. Chapter 78 of the Wylie Code of Ordinances states: Sec. 78-25. Vacancies. Should a vacancy occur in the membership of the parks and recreation board, the city council shall appoint a successor for the unexpired term. (Ord. No. 78-18, art. II, § 5, 6-13-1978; Code 1991, ch. 1, § 7.04; Code 1997, § 78-35) In order to be in conformance with the Chapter 78 section 25, it is recommended that an appointment be made to fulfill the unexpired term of July 2012 to July 2014. Approved By Initial Date Department Director MS September 18, 2012 City Manager Page 1 of 1 Robert Diaz From: Gloria Smith <gloriaparksdept@gmail.com> Sent: Friday,August 17, 2012 2:54 PM To: Robert Diaz Subject: Stepping down Good afternoon Robert, Effective immediately, I am respectfully submitting my resignation as a member of the Parks and Recreation Board. I have been promoted to a new management position at work which will require considerable time and dedication. I do not feel I will be able to dedicate the time and resources necessary to serve on the Parks and Recreation Board. I mailed the packet of information and materials that were provided to me to your attention. You should receive the items by Monday, August 20th I appreciate the City of Wylie's consideration and the opportunity to be of service. Sincerely, Gloria J. Smith 1 Board & Commiss7 i t i ion Application CITY;OF WYLIE Spring 2011 Please return your completed application to the City Secretary's Office at 300 Country Club Road,Building 100, Wylie, Texas 75098. Name: Lisa U' IM Please indicate your first, second and third preference below. Construction Code Board Planning&Zoning Board Library Board Wylie Economic Development Corporation Board ‘Z. Parks&Recreation Board Zoning Board of Adjustments Animal Shelter Advisory Board Public Arts Ads isory Board E( Yes, I would be interested in serving on subcommittees that may be formed. Personal Information ,� ,, I Occupational Information Home Address: 1 30 3 SC Ot Business Owner? es ❑No Telephone:4—31 o-1D `/ g7'-Fax: Business Name: l R r o c app)lan ce SVC- E-mail:u 1 me^ boy z'D J Yr1Q) i, taw/ Occupation: PPl tan C.Q_ R--�� x{ati d- p( I have been a Wylie Resident for La years Business Address: LPG( ►-N 15 Q,, 1 31D P)a n O Registered voter? es Na Telephone:��5 �- SCX� Fax: 5 D?� )ob q- ►�-to 2 Have you ever or do you currently serve on any city boards? Yes,'No If so, what board/city and dates? Are you invol ed in any community activities? (Civic or Hobbies) XYes No 5c hnnl v-Das 4- 13c os cs Please indicate briefly why you would like to be appointed to a Board or Commission: Qd Wee, Ao bQ Crwo(ved ' plCznniv,g, de c la ciA, rr . l2 1- i u 1 +0,-, _,ia. UtA ihtD W\Ap I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. q'5-1 -- SignatureJINCX-.... \)•-0/YUM___ Date FOR OFFICE USE ONLY Date Application Received New Applicant?❑Yes❑No If no,applicant previously served on Board Via: ❑website❑mail bin person❑referral❑newspaper Attended Applicant's Reception?❑Yes❑No (dates) Applicant Interview Scheduled: Appointment made to Term Expires ❑Statement&Oath Completed ❑No appointment made at this time,retain application for one year. WebQA-WYLIETX -Jacky Casey Page 1 of 2 W001350-052612 - Board & Commission Application Board&Commission Application Details G " 1/3'6 1 Board&Commission Application Details '�QQ A l ow ,45° Full Name: Eric Staten �,G Date of Application: 5/26/2012 Cte., Please indicate your first,second and third choices below: First Choice: Parks&Recreation Board /SirtipA Second Choice: Planning&Zoning Board Third Choice: Wylie Economic Development Board ()Interested in serving on Yes \fis t,( Subcommittes that may be formed": Contact Information n, Home Address: 3004 Lena Dr Telephone: 214-729-8942 Cell Phone: Email: Ems0809©gmail.com I have been a Wylie resident for 8 (years): Registered Voter?: Yes Occupational Information Business Owner?: No If yes,business name: Occupation: Business Address: Business Telephone: Business Email: Please indicate briefly why you Interested in getting involved in the community to make a difference. wou d like to be appointed to a Board or Commission: I am aware of the meeting dates and times of the Board/Commission I have applied for and if appointed,I agree to serve on the Board/Commission for which I have applied,or would consider an alternate appointment to a second or third service preference.By submitting this form I agree to the above statement. ovr Message History l CtI 'J/l,' Date )ei ti 4\ On 5/26/2012 9:31:11 AM,wrote: Request was created by customer )re lc3Q- httn_//mvaouhelnadmin.ora/WYLIETX/ZAdmin/SeruicaRpciupctc/Dri:nf ncr,v7irl_1Qmn2-eirt—ii ¢1*,e1-,r,-,