The URL can be used to link to this page

08-11-1987 (City Council) Agenda Packet AGENDA REGULAR MEETING, CITY COUNhIL CITY OF WYLIE, TEXAS AUGUST 11, 1987 7:00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 27 Consider approval of minutes. 2 28 - 30 Consider approval of final plat for Woodlake Village. 3 31 - 33 Consider approval of preliminary plat for Westgate Industrial Park. PUBLIC HEARINGS/READING OF ORDINANCES 4 Oral Conduct PUBLIC HEARING on request for rezoning of lots 1 - 6, N 1/2 of 7, 8 & 9 , Block 28, Railroad Addition from Multi- Family to Planned Development. 5 34 - 39 Consider approval of rezoning of lots 1-6, N 1/2 of 7, 8 & 9, Block 28 , Railroad Addition from Multi-Family to Planned Development. 6 40 - 49 Consider approval of amendment to Impact Fee Ordinance. 7 50 - 54 Consider approval of an ordinance creating Cottonwood Creek Lift Station District, establishing the boundaries and setting fees. UNFINISHED BUSINESS 8 Oral Consider utility rate study report from Charles Binford, Finance Consultants. GENERAL DISCUSSION 9 Citizen participation. CITY COUNCIL MEETING MINUTES 7: 00 P. M. JULY 28 , 1987 The Wylie City Council met in regular session on Tuesday, July 28 , 1987 at 7 : 00 P .M. in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan , Council Members Kent Crane, John Akin, Chris DiTota, Calvin Westerhof , and Marvin Blakey, Acting City Manager James Johnson , City Secretary Carolyn Jones , Code Enforcement Officer Roy Faires , Acting Public Works Director Don White, and Engineering Department Ron Homeyer . Mayor Trimble called the meeting to order and Councilman Westerhof gave the invocation. APPROVAL OF MINUTES: The minutes of the July 14th, July 16th and July 23rd meetings were submitted for approval . Motion was made by Councilman Westerhof to approve as submitted . Seconded by Mayor Pro Tem Donovan . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPOINTMENT TO THE ZONING BOARD OF ADJUSTMENTS: This appointment will be to replace Cecelia Woods who was moved to the Planning and Zoning Commission. This term will expire July, 1988 . Motion was made by Mayor Pro Tem Donovan to appoint Jim Griffin to the Zoning Board of Adjustments . Seconded by Councilman DiTota . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - against , Councilman DiTota - in favor , Councilman Crane - against , and Councilman Blakey - in favor , This motion carried with five (5) in favor, and two (2) against . REDESIGNATION OF INDIVIDUAL FROM SALLINGER, NICHOLS, JACKSON, KIRK AND DILLARD LAW FIRM TO SERVE AS CITY ATTORNEY: Since Mr . Jackson has other commitments on Tuesday nights , it was requested by the Council to redesignate the city attorney duties to Mr . Robert Dillard of the same firm as Mr . Larry Jackson . Motion was made by Councilman Akin to appoint Mr . Robert Dillard as City Attorney, of the firm of Sallinger , Nichols , Jackson , Kirk and Dillard . Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin -in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENT TO ORDINANCE NO. 87-2 SIGN ORDINANCE: Councilman Crane wanted to know if under Section 6 (b) , where it refers to cloth if Council would be limiting businesses from having the new type of canvass awnings . Mr . Faires , Code Enforcement Officer , said no , because an awning would not be advertising . Councilman Crane asked about the July Jubilee Banner that hangs across Ballard Street . Mr . Faires said it would be prohibited . Mayor Pro Tem Donovan wanted to know if they would have to have a special permit to hang this banner . Mr . Faires said during these special days , staff would overlook this . Councilman Crane wanted to know if there would be a time limit or call it temporary for banners or flags during grand openings . Councilman DiTota said he had looked into this and he realizes that flags and banners are good for grand opening advertising . Councilman Crane said he agrees in stopping offenders , but Council may be going to far , what if we put three weeks limit on it . Councilman DiTota said such material is permitted any three week period during a 12 month period . Motion was made by Councilman Ditota to approve the amendment to the sign ordinance with the following reading of Section 6 (b) : "No cloth, paper , banner , flag, device, or other similar advertising matter shall be permitted to be attached to, suspended from, or be allowed to hang from any sign, building or structure, except for one period not to exceed three weeks , one time during each calendar year ." Seconded by Mayor Pro Tem Donovan . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF ORDINANCE ADOPTING THE STANDARD BUILDING CODE: Mr . Roy Faires , Code Enforcement Officer , stated that having worked with Uniform and Southern Standard Building Codes , that he could work with which ever the Council so chose, but did prefer the Southern Standard Building Codes . Councilman Akin said several years ago the Council adopted the Southern Standard Codes and then found out other surroundings Cities were using Uniform Building Codes , and Council chose at that time to change to Uniform. The Council was trying to stay with a code that other cities were using in our area . Councilman Blakey said that Richardson is the only city that uses the Standard Codes . The other cities around us use Uniform Building Codes . I talked with Richardson and they at one time thought of changing to Uniform Code but than decided to stay with the Southern Standard Codes . Councilman Blakey stated that since the City already had the Uniform Codes adopted, he would like to see the City keep these codes . Motion was made by Councilman Blakey to stay with the Uniform Building Codes . Seconded by Councilman DiTota. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF AN ORDINANCE AMENDING ORDINANCE 85-7, ELECTRICAL ORDINANCE TO ALLOW FOR RECIPROCAL LICENSING: Mr . Roy Faires , Code Enforcement Officer, stated that this ordinance would allow the City to allow anyone holding a license from the Dallas County Electrical Advisory Board to work within the City of Wylie . This board only meets at certain times and the next time the test will be given is October 19 , 1987 . The City of Wylie can apply for membership . Councilman DiTota wanted to know if Wylie would accept anyone that holds a license from this board . Mr . Faires said only with the Cities that Wylie has signed an agreement with or those who took the test with Dallas County Electrical Advisory Board. Mayor Pro Tem Donovan wanted to know if Wylie would still give the test . Mr . Faires said yes , because if someone had a contract to do a job in Wylie but had not taken the test with the advisory board, and wanted to start their job, we would need to give the test . Councilman DiTota wanted to know if most of the electrician go to Dallas County Advisory Board or just to Dallas , Richardson , Plano for testing . Mr . Faires said that most of the electrician do not go to the advisory board, but to the individual cities , but other cities want reciprocate if they do not go through this board . Motion was made by Councilman DiTota to approve the amendment to Ordinance 85-7 , allowing for reciprocal licensing . Seconded by Councilman Crane . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF AMENDMENT TO ORDINANCE 85-19A, RUSH CREEK LIFT STATION: This amendment is to exempt Wylie Independent School District from the fees of the Rush Creek Lift Station District . Motion was made by Councilman Akin to approve the amendment to Ordinance 85-19A. Councilman DiTota wanted to know how other cities around us handled this . Councilman Akin said we collect Impact Fees so council should exempt the school district from lift station district fees . Mayor Trimble said that council would be setting a precedence here. Councilman Akin said unless Plano has changed their policy, they purchase land for a school and a park at the same time. Mayor Pro Tem Donovan said the school services areas that are not on our water/sewer lines. If it was only within our city limits, I would have no problem with this . Councilman Crane said recently the City Council decided to spend major dollars to get industry into Wylie and yet the school will get twice the tax dollars than what the city will get . Councilman Crane said we either need to work together and do this type of thing or continue separately. If we go separately, we need this type of ordinance . Councilman Crane said this has come about because we charge the school and not North Texas Municipal Water District . Council needs to go one way or the other , but treat each one the same. Councilman Crane said he would be willing to work on a committee to look at this . Councilman Blakey said taxes are taxes , but this is for services and the school should pay for services . Councilman Crane said North Texas Municipal Water District should pay for permits , they move chemicals in and out and the council never knows what they are doing. Councilman Crane said it was councils job to know what was happening within their city. City Manager James Johnson said he and Councilman Westerhof talked with Mr. Carl Riehn about this and NTMWD has a long period of agreements to where they do not have to pay permits . City Attorney Robert Dillard said as far as the school is concerned , you can not wave these fees . This is a service not a tax . As far as NTMWD is concern when their fees are used up in what agreements they may have with the City, then they should pay for fees . Councilman Akin stated his motion was still on the table and he did not wish to with draw it . Councilman Akin ' s motion died for a lack of a second . Councilman Crane made a motion to table this item until the next agenda. This motion also died for a lack of a second . Motion was made by Councilman Blakey to deny amendment and charge the fees to the Wylie Independent School District . Seconded by Mayor Pro Tem Donovan . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - against , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - against , and Councilman Blakey - in favor . This motion carried with five (5) in favor and two (2) against . Mayor Trimble called for a short recess . Mayor Trimble reconvened the meeting and stated that items 6-10 were not included in the motion to stay with the Uniform Building Code and therefore needed some type of action . These items were far the following : Ordinance adopting the Standard Fire Code, Ordinance adopting the Standard Plumbing Code, Ordinance adopting the Standard Gas Code, Ordinance adopting the Standard Mechanical Code, and Ordinance adopting the Standard Housing Code. Motion was made by Councilman Blakey to deny all these ordinance and to stay with the Uniform Codes . Seconded by Councilman DiTota . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . PUBLIC HEARING AND APPROVAL OF MULTIPLE ZONING REQUEST FOR 183 .4 ACRES OUT OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 : This property is located north of Highway 78 adjacent to NTMWD and Texana properties , and is commonly known as the Pendry property. Mayor Trimble opened the public hearing . Mr . Faires reported that the Planning and Zoning Commission recommends the following zoning for this property: Tract 1 Single Family 2 97 .3 Acres Tract 2 Industrial 36 .0 Acres Tract 3 Business 1 13 .7 Acres Tract 4 Single Family 3 20 .1 Acres Tract 5 Business 2 7 .2 Acres Tract 6 Business 2 9 .1 Acres Councilman DiTota ask about using parks for buffers . Mr . Faires said at the time of platting, you can put in greenbelts or money in lieu of this . Mr . Roy Wilshire represents Mr. Pendry and his family and stated that they were excited about developing in Wylie . This property was annexed by the City and the family did not object to it . In the Single Family 3 area , the deed restrictions will have 1350 square foot homes . I am requesting two changes , for two areas to be multi-family. One area is close to the lake and the other buffers Spring Creek Parkway. The family is anxious to dedicate the right- of-way for Spring Creek Parkway. Mr . Brian Chaney, Chairman of Planning and Zoning , said the concern with multi-family was it was not to the best interest of the City in this area and Planning and Zoning wanted to protect the homes that are already in this area. Planning and Zoning Commission discussed this at great links and felt that the buffers from the industrial areas could be done with opec fences . There being no other questions , Mayor Trimble closed the public hearing . Motion was made by Councilman DiTota to approve the zoning recommended by Planning and Zoning as listed above. Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . PUBLIC HEARING AND APPROVAL OF SPECIFIC USE PERMIT TO OPERATE A PAWN SHOP ON 1 ACRE TRACT OUT OF THE FRANCISCO DE LA PINA SURVEY ABSTRACT 688 : This property is located on East Highway 78 , and is commonly known as Home Town Furniture, Inc. Mayor Trimble opened the public hearing . Mr . Faires stated a few weeks ago staff brought before you an ordinance for pawn shops , which is the ordinance this will fall under . The Planning and Zoning Commission recommends this for approval with a renewal each year . Mayor Pro Tem Donovan wanted to know if this was the building on the left going out of town. Mr. Faires said yes , but he did not know which one of the buildings . Councilman DiTota wanted to know if they were allowed to display furniture outside of the building . Mr . Faires said yes , this was under the B-2 zoning which allows outside sales . Mr . Faires stated that the specific use permit can read all sales be contained inside the building. Councilman Crane said that maybe Council should stipulate an opec fence and this would take care of the problem instead of not allowing the permit . This would keep everything behind a fence and would not allow them to begin to use the property for used furniture . There being no other questions or comments , Mayor Trimble closed the public hearing. Motion was made by Councilman Westerhof to approve the specific use permit with the stipulation from Planning and Zoning that it must be renewed each year and that all inventory be kept in doors . Seconded by Mayor Pro Tem Donovan . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF FINAL PLAT FOR CALDWELL ADDITION, BLOCK 1, LOT 1: This property is located between Jackson Street and Ballard Street and is adjacent to the Railroad property, and is the future home of McDonald ' s. This plat does grant all the necessary easements and Planning and Zoning Commission recommends approval. Mayor Pro Tem Donovan wanted to know if there would be side walks . Mr . Faires said they would be required to put side walks on Jackson and Ballard Streets . Motion was made by Councilman Westerhof to approve the final plat for the future McDonald ' s . Seconded by Mayor Pro Tem Donovan . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . DISCUSSION OF PROPOSED AGREEMENT OF THE H. B. ALLARD VS. ROGER C. FINHOLT CASE: Mr . Stan Knight who represents Mr . Roger Finholt , stated to council that this agreement has come about since the work shop that Council held on this property some time back. There was a drainage problem on Mr. Allard' s property. Mr. Finholt is asking tonight that the Council look at this agreement and tell us if we can proceed . Mr . Dillard, City Attorney, said the agreement is that Mr . Finholt will install a drainage across Mr . Allard ' s property. Mr . Dillard said the City should not enter into this if there is not a time limit on the construction of this drainage channel , and should also state the date the work will be completed by. Mr. Dillard also stated that there were some places that the wording needed to be changed and also the fifty foot (50 ft . ) easement should be addressed . This easement should be executed at the same time this agreement is executed. Mr . Knight said that maybe Council could support this agreement in theory, and let the attorneys work out the wording . Councilman DiTota wanted to know who would be responsible for the drainage area. Mr. Dillard said the City would have the up keep and maintenance on this . Councilman Crane said he would object to the earth lined drainage. Councilman Crane also wanted to know if and when the Allard property is developed can this drainage have a concrete bottom. City Manager James Johnson said the Ordinance does not address channelization - for concrete liner , etc . , but staff will prepare this if council wants . Mr . Dillard, City Attorney, stated that he would not recommend to Council to sign this agreement as it is written . PRESENTATION BY JUDY LIPPE OF 203 TANGLEWOOD IN REGARDS TO SPEED BUMPS IN ALLEY: Mr . Fred Lippe of 203 Tanglewood made the presentation . The original intent is due to traffic in our neighborhood and the speed used through the alley. Mr . Lippe then read the following statement for record: "Within the neighborhood block bounded by the streets Rush Creek, Pine Ridge, Tanglewood, and Cedar ridge, there resides fifteen children. Thirteen of these children are under the age of 14 years of age. An additional seven children live on these boundary streets , but not within the block as defined above. This makes a total of twenty children that reside in or adjacent to the block defined above. The alley that disects this block is approximately 1050 feet long and connects Cedar Ridge and Pine Ridge. This alley serves vacant lots as well as houses with six foot high wooden fences. Due to the length of the alley and the partial open spaces , drivers have a tendency to drive at speeds above 10 m.p.h. It is our observation that this is a hazardous situation due to the combination of the speed of the vehicles , presence of small children , and high fences . There have already been incidents where unthinking children have rushed into the alley and into the path of an oncoming vehicle. There have been no injuries yet , but we fear that it is only a matter of time before a child is struck. Permanent measures need to be taken now to prevent an accident of this nature." Mr . Lippe then made the following specific request with a signed petition: "With the above statement in consideration , we the undersigned respectfully request the City Council of Wylie to act in such a manner as to cause the construction of two permanent speed control measures within this alley. The requested measures are listed here: 1 . A speed limit sign posted at each entrance to the alley stating CAUTION, CHILDREN AT PLAY - 5 M. P.H. 2 . Three speed bumps placed in the alley to prevent a, long unimpeded traffic land . Please give strong consideration to the safety of neighborhood children in this matter ." Mr . Lippe presented Council with a petition signed by twenty-one (21) residents. Mr. Lippe said at first he had concern about the speed bumps , but has knocked on the doors of this neighborhood and talked with all the neighbors . They are all in agreement to have the speed bumps . These speed bumps should be no higher than 3 inches . This alley is a drainage and the middle of the speed bumps should be left open in order for the water to drain. Mr . Lippe said if this is a monetary issue, than the neighbors said they would pitch in and put these speed bumps in. Mayor Pro Tem Donovan stated that the City has a lot of alleys , how many speed bump requests will come forth if Council does this . Also when these people start driving over them there may be more opposition. City Manager James Johnson said he has already given Public Works a work order to install the 10 MPH speed limit signs at each end of the alley. City Attorney, Mr . Dillard said some points to look at , it creates obstruction, creates liability, I do not believe the council should install speed bumps . The placing of these speed bumps would be placing obstruction in a public alley. The City would have additional liability due to the drainage area coming down this alley. Mr. Dillard recommended to the Council not do these and to remove the ones the city already has. Mayor Pro Tem Donovan wanted to know if Mr . Lippe knew who the offenders are. Mr . Lippe said the ones they know, they have talked to and these have slowed down. We do not know all the people who come down this alley. Mayor Trimble asked Mr. Lippe if the reflectors placed across the alley would help. Mr . Lippe said if this was the recommendation, then they would be willing to try them. Mr . Christensen said the middle of the block is the bottom of the hill and there is a drainage problem here already. The problem with the speed is with some of the entrances and exits, and also the contractors pull through the open lots that have not been built on . Mayor Trimble requested the staff to check on the cost of the reflectors for use in the alley ways . PRESENTATION BY DAN DAVENPORT OF 400 JEFFERSON IN REGARDS TO RECONSTRUCTION OF COTTONBELT STREET, TRAFFIC CONCERNS IN ALLEY AND SEVER WATER PRESSURE PROBLEMS: Mr . Davenport was not present at the meeting . CITIZEN PARTICIPATION: Mayor Trimble requested that the citizens wishing to speak, hold their time to two minutes and to state their name and address . Mrs . Carol Ryburn of 52 Glen Knoll Drive, in July, I called for an ambulance and was put on hold, at 4 : 30 A.M. there was no ambulance . The police showed up but the ambulance did not show for another five (5) minutes . I do not feel the City should have an ambulance and have the driver stay at home and the ambulance at the police station. City Manager James Johnson said the report came in at 4 : 24 A.M. and the ambulance arrived at 4: 41 A.M. Mrs. Ryburn wanted to know if the police officer is first on the scene does he radio for the ambulance. City Manager James Johnson said that the police officers are EMT and the officer is in charge. Mrs . Ryburn stated that when the police officer arrived, he said haven ' t we hauled you before. Mayor Pro Tem Donovan stated that there was one time the ambulance driver was outside the police station changing shifts , was called at home and was not there so he never received the call . I would like to see the attendants working ambulance have signal lights for their cars. Mr. Ryburn stated that for a two (2) mile journey, he believed he could have walked there before the ambulance arrived . There being no other participation at this time, Mayor Trimble moved to the next item. COUNCIL DISCUSSION: Mayor Pro Tem Donovan stated that she would like to see the lights for the ambulance attendants cars . Also on calls reporting fires , people are saying that the police go out first and then call for the truck. Councilman Blakey stated that the map referring back to the Kirby Street project , maybe council should look at Sanden Blvd . to Highway 78 , through Century Business Park and up to Ballard Street (Sachse Road) . This would start the southern loop around Wylie. Councilman Akin wanted to know if he was talking about redesignating FM 544 . Councilman Blakey said yes and also the funds from County to be used here instead of on Kirby. Councilman Crane stated in the group of ordinance that were before Council tonight , the changing of these did not come from Mr . Faires , but Council had requested that he do this and I just want to speak on behalf of him and thank him for doing what the council asked . Councilman DiTota requested that Mr. Faires look at the Section 23 .1 paragraph 3 of the Zoning Ordinance and let him know if this included parking in front lawns . Also, what is happening on Highway 78 . City Manager James Johnson said that they Highway Department is beginning to start the turn lanes for Ballard and Highway 78 , they are adding five (5) feet to the side in order to give us the turn lanes. This project is to be completed in November . Councilman Akin wanted to know what the problem was with the firemen going to school at Texas A & M this year . City Manager James Johnson said they went down and did not go through proper channels. The rooms had already been paid for in advance and thent decided to change things . Councilman Akin also stated that on the 83 Bond Money, Jerry Hoagland stated the money had been there all this time. It has not been setting there all this time. It is our money and we can do what we want with it as far as street work . Also on the 88 Bond Program, we need to get everyone involved. Councilman Crane asked about the furniture bid that was out for City Hall . City Manager James Johnson said there is approximately $11 ,000 . for furniture , but that staff had not been seeking bids , this would have to come before Council first . APPROVAL OF PRELIMINARY PLAT FOR BIRMINGHAM FARMS , TRACT 17 : Mr . Mike Kinard representing Mortgage Investment Company stated that this property was zoned in its entirety approximately two years ago , but that tracts 23 and 24 are not owned by Mortgage Investment Company. These two tracts are owned by San Antonio Savings and Loan . Mr . Kinard went on to say that he met with city staff several time before going to Planning and Zoning and there was a great deal of discussion prior to this property being zoned. Councilman DiTota wanted to know if the SF3 zoning can have deed restriction with a minimum square foot size home. Mr . Kinard stated that we were not here to zone, we are here to request approval of the plat. I do not think it is acceptable to discuss zoning since this has already been zoned. There was a lot of discussion when this property was zoned . The master zoning plans for the City was done by J.T. Dunkin and Assoc . , and our organization hired Mr . Dunkin to help with the zoning of this property. These issue were addressed two years ago, and I would hope that this Council would live up to what had been zoned by past councils . Mayor Trimble said this is not an issue of the agreement but is it the zoning that needs to go on and is for the best interest in health and welfare for the City. Mr . Dillard, City Attorney, was asked the legal problems of changing the zoning at this stage. Mr. Dillard said if this property has already been zoned and the plat meets the subdivision ordinance, then Council has to approve the plat . Councilman DiTota asked about a greenbelt . Mr. Kinard said yes , there is an 80 acre lake that we wanted to donate to the City. This 80 acre park will be donated and improved plus two sites have been sold to the Wylie Independent School District for new schools . Mr . Kinard said he was concerned about the move here in Wylie to increase lot sizes . Several hundred thousands of dollars of improvements are coming into this area. There are some really nice SF 3 subdivision that are not limited and Wylie needs more of this . Councilman DiTota said he asked this item to be tabled until he could see what Wylie has for SF 1 and SF 3 and see the balance. Mr. Kinard stated that Wylie had 276 homes built during last year , 75% of these homes are in SF3 . Fact is a very small percentage is built out in SF2 and SF1 . I believe you need to look at the market and see what is selling on market in Wylie. Mr. Kinard also said we need to look very carefully about zoning , but lets not discriminate against SF3 houses. This type of development in Birmingham Farms could stand more SF3, but we want to move on with this plat . Councilman DiTota asked Mr. Kinard why they went with 11 different zonings . Mr . Kinard said that is the balance you are talking about. The Council wanted this zoning for balance. We worked with the Council and J. T. Dunkin on this zoning and what would be best for this area. Mr . Kinard also stated that there is over 100 acres of SF 1 and SF 2 and he has come forth with the SF 3 plat , done in accordance with City Ordinances and have spent lots of money and the Council does not want this zoning . I or any other developer that comes out here , has to have some faith that when you zone property, it will be zoned when the plat comes through. Mayor Trimble asked Mr . Kinard if he had this faith. Mr . Kinard said if this plat is approved then I will have faith . Mayor Trimble said we are not questioning your zoning just because it is you, we need to look at what is there. Mr . Kinard said if you start back zoning , then no one knows what is going on, we want good quality development . Councilman Akin said that what Mr. Kinard said is true, and he appreciates what Mr. Kinard and his people are trying to do . Motion was made by Councilman Westerhof to approve the preliminary plat for Brimingham Farms Tract 17 . Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . CONSIDER RESULTS OF THE QUESTIONNAIRE SENT TO THE RESIDENTS IN KINSINGTON MANOR REGARDING STREET LIGHTS: Mrs . David Orr of 109 Windsor , stated that she has talked with the people and had acquired a number of signatures who do not wish to have a light at this point . I do not believe you received a good response. One of the lady' s that came before you and requested this light did not know it would be in the middle of the block and has signed this petition requesting not to have the light . Motion was made by Mayor Pro Tem Donovan to put one light on Fairmont and not put the light on Windsor . Seconded by Councilman Crane . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF FINAL PLAT AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR QUAIL HOLLOW II , LOT A: This property is the site of the new P. M. Akin Elementary School . City Manager James Johnson said this item will have to be pulled until the lift station district fees are paid . There was no action taken on this item. PRESENTATION OF PROPOSAL BY GTE FOR AN ENHANCED 9-1-1 EMERGENCY REPORTING SYSTEM: Mr . Jim Cowman stated that the enhanced 9-1-1 emergency system is coming to the surrounding areas of Wylie. The cost of this system is passed on to the user and not to the City. It will enhance the response time on any emergency. There will be an approximate cost of eighty-one cents ($ .81) per month for this service . It is a good win situation for the good of the City as well as for the citizens . A large percentage of your citizens do not know what number to call for emergencies. I would like to draw up a contract for the City of Wylie for your signatures. Mayor Pro Tem Donovan wanted to know if the legislative acted on the liability on the 9-1-1 . Mr . Cowan said it does not put all the liability on the city and it does not put it back on the 9-1-1 system. Mayor Pro Tem Donovan wanted to know if this 9-1-1 system could be installed in our new building . Mr . Cowan asked when we would be in. City Manager James Johnson said we would be in in about 90 days, but there is some extra wiring that is being put in. Mr . Cowan said the wiring can go in now, and put the system in as soon as it comes through. Motion was made by Councilman DiTota to accept the Enhanced 9-1-1 Emergency System. Seconded by Mayor Pro Tem Donovan . Councilman Crane wanted to know if the fees were passed on to the user , would there still be an initial investment . Mr . Cowan said you can pay it from your General Fund or roll the cost to your users . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . AUTHORIZATION FOR ACTING CITY MANAGER TO ESTABLISH LINE OF CREDIT OF $200 ,000 AND AUTHORITY TO EXECUTE PROMISSORY NOTE FROM FIRST STATE BANK OF WYLIE: City Manager James Johnson said this has to do with expected cash flow shortage. I anticipate this cash flow to come about within the next ten (10) days. Mayor Pro Tem Donovan wanted to see the revised budget . If the cuts were made do we still need this . Councilman Akin wanted to know about the $100 ,000 . that was borrowed . City Manager James Johnson said this was due to the taxes not coming in. Councilman Blakey asked about the rate these funds would be needed . City Manager James Johnson said approximately $50 ,000 by November. Motion was made by Councilman DiTota to grant authorization for Mr . Johnson to establish line of credit of $200 ,000 and authority to execute promissory note from First State Bank of Wylie. Councilman Ditota also stated this was something the council does not want to do, but are faced with . Seconded by Mayor Pro Tem Donovan. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - against, Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - against , and Councilman Blakey - in favor. This motion carried with five (5) in favor , and two (2) against . There being no other business , a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary /2 CALLED CITY COUNCIL MEETING - MINUTES 9:45 A. M. AUGUST 1, 1987 The Wylie City Council met in a called session on Saturday, August 1, 1987 at 9 : 45 A. M. in the Rita and Truett Smith Library. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble , Mayor Pro Tem Sandra Donovan, Council Members John Akin, Chris DiTota, Calvin Westerhof , Marvin Blakey and Kent Crane, Acting City Manager James Johnson, City Secretary Carolyn Jones . Mayor Trimble called the meeting to order and Councilman Crane gave the invocation. APPROVAL OF FINAL PLAT AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR QUAIL HOLLOW 11 , LOT A: This property is the P. M. Akin Elementary School . It was tabled at the June 28 , 1987 meeting due to lift station fees being due. These fees have been paid and the drainage area cleaned up . Motion was made by Mayor Pro Tem Donovan to approve the final plat and accept the public improvements for Quail Hollow 11 , Lot A. Seconded by Councilman DiTota. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor. This motion carried with all in favor . APPROVAL OF PHONE SYSTEM SPECIFICATIONS AND AUTHORIZATION TO SEEK BIDS FOR PHONE SYSTEM FOR THE MUNICIPAL COMPLEX: These bid specifications will cost the bidders $20 .00 and is non refundable. These specifications also take care of all phones that will be needed for now and future use at the new complex. Motion was made by Councilman Westerhof to approve the phone system specifications and grant authorization to seek bids for phone system for the new municipal complex . Seconded by Councilman Akin . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . Mayor Trimble recessed the open meeting and convened Council into Executive Session under the authority of Article 6252- 17 of V.A.C.S . Section 2 , paragraph "g" personnel matters to interview City Manager applicants . Mayor Trimble reconvened the council into open session and requested a meeting be set for August 4 , 1987 at 6: 30 P .M. in the Bluebonnet room. There being no other business , a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary CALLED CITY COUNCIL MEETING - MINUTES 6 : 30 P. M. AUGUST 4, 1987 The Wylie City Council met in a called session on Tuesday, August 4 , 1987 at 6 : 30 P .M. in the Rita and Truett Smith Library. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan, Council Members Chris DiTota, John Akin, Calvin Westerhof , Marvin Blakey and Kent Crane, City Secretary Carolyn Jones . Mayor Trimble called the meeting to order and Councilman Akin gave the invocation. Mayor Trimble recessed the open meeting and convened Council into executive session under the authority of Article 6252- 17 of V.A.C.S . Section 2 , paragraph "g" personnel matters - review of City Manager applicants. Mayor Trimble reconvened Council into open session, there was no action to be taken from the executive session . There was general discussion on the chairs for the new Municipal Complex and to stay under the bid figure , the Council could purchase 21 triple seats and 12 single seats for staff and press , and later purchase 35 triple seats and this would complete all the seats for the council chambers . There was also general discussion on the problem of the fire department and who should be fire chief . There seems to be a problem within the department and it is thought that maybe Council should appoint the fire chief . There being no other matters of discussion , a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones , City Secretary /02) MINUTES PLANNING AND ZONING COMMISSION CALLED MEETING THURSDAY JULY 23, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Called Meeting on July 23, 1987 in the Conference Room at 108 S. Jackson. A quorum was present and notice of the meeting had been posted for the time and in the manner- required by law. Those present were: Chairman Brian Chaney, Vice-Chairman Ben Scholz, Bob Skipwith, Bart Peddicord, Cecilia Woods, R. P. Miller and Marty Stovall. Representing the City Staff was Roy Faires, Code Enforcement Officer and Amanda Maples, Secretary. ITEM NO. 1 - CONVENE WORKSHOP FOR INSTRUCTIONAL PURPOSES FOR PLANNING AND ZONING COMMISSION - Chairman Brian Chaney informed the board that the duties of the Planning and Zoning Commission were strictly advisory. We conduct Public Hearings and make recommendations to the City Council. Mr. Faires pointed out that the proper way to make a motion should be to say that "we recommend that the City Council approve or disapprove" of an item. In order for the Council to override a recommendation of disapproval from the P&Z it takes a super majority vote of the Council (75%) . Mr. Faires explained that in the past the City Staff consisted of Mr. Pappas, City Manager; Mr. Santry, City Engineer and myself. Until such time as we came along the City Council had not felt comfortable with the City Staff reviewing plans Sc' a Plat Review Committee was formed to review plats and send their recommendation forward to the Council. Since the Council has felt comfortable with a competent staff to help guide them the Plat Review Committee was dissolved at the Council level. The Staff' s directions from the Council are that no plat is to come forward with a red line on it unless the developer demands that it be done. When we receive a Preliminary Plat the Engineering Staff will review it and make any comments. It is then sent back to their Engineers to have any corrections made. At that point it will come back to the Engineering Staff for another review until the plans are done correctly. When the Planning and Zoning Commission receives a Preliminary Plat you can rest assured that it complies with all aspects of the Subdivision Regulations unless the developer and his engineer insist that it be sent- forward and in that instance those exceptions will be pointed out to you both in your packet and at the meeting. /3 Your primary function as a board is zoning the planning part is usually inherited especially in small cities. In larger cities the planning and zoning are usually two separate boards. Chairman Brian Chaney touched on the ETJ explaining that the Extra Territorial Jurisdiction of our City is one mile from our City Limit line in any direction unless it reaches another cities City Limits or their ETJ line. In some cases where two cities ETJ lines cross a common boundary is established. Mr. Faires said that State Law permits a City to enforce their subdivision ordinance in the ETJ. A courtesy review may be held in the area of two to five miles. Chairman Brian Chaney explained that if someone owned 50 acres in our ETJ and he built a house, barn and a storage building on it then he is ok. However, if he subdivides the property without meeting our subdivision regulations then he is breaking the law. Mr. Faires explained further that subdivision is dividing any piece of real property that has a legal description into two or more tracts. It is a violation of law for the County Clerk to file a plat of subdivision in our ETJ unless that plat has been approved by our City Council. Our City operates as a Home Rule City and we are governed by a Home Rule Charter which was adopted by the Citizens of Wylie. The difference between a Home Rule City and a General Law City is that when a city reaches a population of 5000 car more and adopts a Home Rule Charter it is allowed to do anything that the State Law does not specifically prohibit. A General Law city has a population of less than 5000 and can only do what State Law permits them to do. Being a Home Rule City allows us to make involuntary annexations. This is usually done because their is a tract of land that we are concerned about someone putting and abusive use on. The City Council and the Staff start proceedings for involuntary annexations. A tract that is involuntarily annexed usually is zoned as an agricultural use unless the owner specifies another zoning. The annexation of the property and the zoning of the property are separate hearings. A voluntary annexation is when someone requests annexation and if they meet the requirements annexation is usually granted by both the Planning and Zoning Commission and the City Council. Chairman Brian Chaney said that zonings should be blended as much as possible. There are two zoning maps, one in Mr. Faires' s office and one in the Council Chambers, they show what our city will look like at build out. It will change some because the map is not iron clad there is some flexibility. Mr. Faires explained that he and Mr. Pappas were commissioned by the Planning and Zoning Commission and the City Council over two years ago to provide them with a projected land use plan for the land inside the City Limits as well as the ETJ. It is in our ordinance that a zoning request can be initiated by either the property owner or by the Planning and Zoning Commission. Chairman Brian Chaney said that the staff puts a lot of hours into reviewing the plats that come before us. Platting is done in two steps first the. Preliminary Plant and then the Final Plat. It is not our responsibility to decide the marketability of a piece of land, rather to make sure that the subdivision regulations are met. Also, where zoning is concerned we are not in the lets make a deal business. If this board feels that a particular zoning is what is best for this City then we need to stick with that and send that recommendation forth to the Council. Never trade a developer a little SF-3 here for more SF-2 over there. Mr. Faires said that any time something comes before the board that the staff is strongly opposed to, you will be supplied with information as to why we are opposed to it and I am always available to answer any questions day or night. Chairman Brian Chaney warned the new members that when four •ter more members are together discussing Planning and Zoning Business it is considered a quorum and that would be an illegal meeting unless notice of the meeting was posted 72 hours in advance. He went on to say that all of the specifications in the Zoning Ordinance are minimum requirements. Our Zoning Ordinance is completely separate from Deed Restrictions. Deed Restrictions are listed on the plat but are not enforced at the City level. Any enforcement of a Deed Restriction would be handled in Civil Court. In our Zoning Ordinance the Agricultural Zoning is an exclusive zoning. The zonings are accumulative in SF-1 through SF-3, exclusive in SFA, 2F, MF and MH. 1 SF-1 is the largest single family classification with large lot and house sizes. SF-2 is in the middle. SF-1 is the smallest single family zoning. 2F is a duplex zoning lately is has been very unpopular with the developers and we are finding that all of the 2F zoning which we previously granted is corning before us again with requests for zoning changes. SF-A is our zoning for Townhomes. Townhomes are defined as 3 or more attached units, no more than 7 units and are for individual ownership. MF is our Multi-family zoning which is apartments. MH is a Manufactured Housing zoning there is a moratorium on this particular zoning. Any MH zoning that is currently zoned can be developed but no new MH zoning will be granted. Vice-Chairman Ben Scholz said that when we review a Mobile Home Park it is different because the streets are not dedicated to the City. They are privately owned and maintained. Mr. Faires added that we do require them to grant the City a public safety access so our police can patrol the area. Chairman Brian Chaney went on to explain the zonings saying that R, retail is our highest business zoning it is for non- abusive uses such as shopping centers. B-1 allows some outside storage but very limited, B allows outside sales such as cars and boats, I, industrial is our heaviest use. Mr. Faires added that in most cities our industrial zoning would be considered very light. Mr. Faires explained that in a P. U. D. or Planned Unit Development the first qualification is that they must have 5 acres or more in order to apply. If, in our ordinances, we don' t have a zoning classification to meet a developers needs then they can apply for a P. U. D. and present a comprehensive plan of what they want to do. In a P. U. D. we can specify almost any kind of restriction on them. The most common area that we have used this classification in is the Zero Lot Line Homes. You approve a certain area for a particular use and they are restricted to what they have submitted. Their are two routs to take in presenting a P. U. D. First they submit a concept plan which is like a preliminary plat. It is approved by the P&Z and the City Council. Then they present a development plan which is like a final plat and that is approved by the P&Z and the City Council. However, if they submit a development plan only, you will only have one shot to put all of the stipulations that you want on the development. Specific Use Permits are used when someone wants to do something that is not allowed in an existing zoning. If they apply for a Specific Use Permit and it is approved then they would be allowed to operate that type of business. Vice-Chairman Ben Scholz informed the new members that on occasion the Planning and Zoning Commission would review ordinances and make recommendations to the Council or recommend that an ordinance be written to cover a particular situation. Chairman Brian Chaney addressed "Grandfathering" explaining that if the City annexes a Junk Yard that is already in existence, he will have a time limit in which he must come into compliance with the Junk Yard Ordinance. We can not tell him that he has to cease operation of his business because he is "grandfathered. " However, if he ceases operation for 6 months or more then he will no longer be considered "grandfathered" and he can not reopen that business. Vice-Chairman Ben Scholz said that when considering zoning, look at how the plan fits into the concept of our zoning map. Cluster shopping centers around major intersections instead of having something like "Money Making Mile" in Garland. Mr. Faires said that Cluster Zoning diversifies uses and concentrates less than desirable uses away from residential property. By clustering business zonings at intersections we feel that they serve a larger section of people. Chairman Brian Chaney addressed the new members saying that your time spent on this board will be a continuous learning process. A lot of this is common sense and some of it is theory. When something new to you comes up at a meeting I will always try to give you some background as to what has been done in the past for you to use as a reference. Mr. Faires said that he has been involved with planning and zoning in some capacity for ten and a half years. Five years ago I started collecting case histories and zoning laws and I am still learning. Every time you think you know everything a developer will come along with something new and you have to rethink your ideas. Cecilia Woods stated that everyone on this board is here because they care about Wylie and though we may not always agree we can work together and have the greatest City in Texas. Chairman Brian Chaney said that the volunteer time that we do for the City is important and I would like to encourage everyone to make as many meetings as possible. Mr. Faires said " I came to Wylie about four years ago and it is a wonderful thing to be in on the birth of a City. I am proud of my contribution to Wylie and I want you to know that even if you make a decision that I do not agree with I will support you 100%. " ITEM NO. 2 - ADJOURN - Cecilia Woods made a motion to adjourn the July 23, 1987, Called Meeting of the Planning and Zoning Commission. Bart Peddicord seconded the motion. Motion carried 7-0. Chairman Brian Chaney Respectfully Submitted : Amanda Maples, Secretary PLANNING AND ZONING COMMISSION MEETING - MINUTES 7:00 P. M. AUGUST 6, 1987 The City of Wylie Planning and Zoning Commission met in regular session on Thursday, August 6, 1987 in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Brian Chaney, Bart Peddicord, Cecilia Wood, Marty Stovall, Bobby Skipwith, and R. P. Miller, Code Enforcement Officer Roy Faires , City Secretary Carolyn Jones, Acting City Manager James Johnson. Mr. Ben Scholz was absent . ADMINISTER OATH OF OFFICE: City Secretary Carolyn Jones administered the oath of office to Cecilia Wood, Bart Peddicord, and Marty Stovall . Chairman Brian Chaney welcomed the new members to the board . APPROVAL OF MINUTES: The minutes submitted for approval were for the July 16th and July 23rd meetings . Chairman Brian Chaney corrected his statement on the July 16th minutes of the zoning of the Pendry tract . Mr . Chaney stated that he did not say "has always gone with cluster zoning" but that he said "has been using cluster zoning" . There being no other corrections or additions to the minutes , a motion was made by Cecilia Wood to approve with noted correction. Seconded by Bobby Skipwith. This motion passed with all in favor . PUBLIC HEARING ON REZONING OF LOTS 1-6 , N 1/2 OF 7 , 8 & 9 , BLOCK 28 , RAILROAD ADDITION: The request for zoning is for a Planned Development . The current zoning is for multi- family. This is a Developmental Plan and it will not come back to Planning and Zoning again . Roy Faires , Code Enforcement Officer, stated that this property is located across from the Wylie Cemetery. The Funeral Home is located in the downtown area today and there is a problem for them with the parking . The present owners have gone before the Zoning Board of Adjustments , as the City' s Ordinance for Planned Development stated you must have five (5) acres and this does not have the five (5) acres . The Zoning Board of Adjustments granted the variance for a Planned Development Zoning for a new Funeral Home in this area. There is approximately 4 ,000 square feet of building . The front of the building will face Masters Street . Staff will be supportive of this request . Chairman Brian Chaney reminded the board that this was a Development Plan and it would only come before the board this one time. Chairman Brian Chaney opened the public hearing. There was a question about the fence that would need to go around this area. Mr . Faires stated it would have be fenced due to the single family homes adjacent to it . Chairman Brian Chaney stated this would be an opaque fence. Mrs . Allen wanted to know if they could put in shrubbery instead of a wooden fence. Mr . Faires stated no , that they would have to have a fence. There being no other questions , the public hearing was closed. APPROVAL OF THE RECOMMENDATION OF REZONING OF LOTS 1-6 , N 1/2 OF 7 , 8 , & 9 , BLOCK 28 RAILROAD ADDITION: Mr . Stovall wanted to know if there was a creek behind this property. Chairman Brian Chaney stated no, there is some drainage. It was noted for record that the city staff mailed out fifteen (15) letters and four (4) were returned in favor. Mr . Miller asked about the parking and was there enough. Mr . Faires said there is more than enough parking, and that the plans shows thirty-four (34 ) parking spaces . Mr . Skipwith stated that when he accepted this position on this board, he said he would do what was best for the City of Wylie . I believe this is something that is needed and will be an asset . A motion was made by Mr . Skipwith to recommend to the City Council approval of this Planned Development . Seconded by Mr . Peddicord . This motion passed with all in favor . APPROVAL OF RECOMMENDATION OF AMENDMENT TO IMPACT FEE ORDINANCE: Mr. Faires stated that this amendment was in connection with the new Senate Bill that was just passed . Mr . Skipwith stated that before this Senate Bill was passed, these fees would only be used for improvements . Mr . Faires said yes , but now these fees can be used for the engineering cost and the research study. James Johnson , City Manager stated that the new law will actual force cities to do better planning . I think the City should act speedily and put this plan into force. This bill forces cities to do long term planning . Mr . Stovall wanted to know if this law applied to all cities , or just cities with impact fees . James Johnson, City Manager , said only the cities that have an impact fee. Mr . Peddicord wanted to know if Council would have to approve the monies being spent . James Johnson City Manager said yes. Motion was made by Mr . Miller to recommend approval of the amendment to the Impact Fee to the City Council . Seconded by Mr . Stovall. This motion carried with all in favor . APPROVAL OF RECOMMENDATION OF FINAL PLAT FOR WOODLAKE VILLAGE: Mr . Roy Faires stated that this plat does comply with all the City Ordinances and complies with what the preliminary plat showed. Staff does recommend approval . Motion was made by Mr . Peddicord to recommend approval of the construction plans of the final plat of Woodlake Village to the City Council . Seconded by Mrs . Wood . This motion carried with all in favor . APPROVAL OF RECOMMENDATION OF PRELIMINARY PLAT FOR WESTGATE INDUSTRIAL PARK: Mr . Faires stated that this will divide the Westgate Industrial Park and will have a thoroughfare through the middle of the property. This maybe the site for the new post office. This thoroughfare does comply with the City Ordinances and thoroughfare plans . Mr. Jerry Lands , who is representing the owners, stated that when this thoroughfare is completed, it will connect the FM 544 and FM 3412 and will also connect the water and sewer system in this same area. A motion was made by Mr . Stovall to approve the recommendation of the preliminary plat for Westgate Industrial Park to the City Council . Seconded by Mr . Skipwith. This motion carried with all in favor . PRESENTATION BY BARON COOK: Chairman Brian Chaney asked Mr . Faires to give an introduction to what Mr . Cook was presenting . Mr . Faires stated that Mr . Cook did not want to talk about Canterbury Hill per-say, but about the rules and regulations in the City' s Subdivision Ordinance for the ETJ areas. Mr. Faires stated that the council does have the authority to extend the Subdivision Ordinance into the ETJ areas. Mr. Faires also stated that the City Staff and all the City Boards have enforced these rules and regulations . Mr . Cook said the result he is seeking is to get the Subdivision Ordinance amended . I do not have a problem with the Subdivision Ordinance, except when it is governing the ETJ areas . The problem that is arising is that Wylie has a large ETJ and services are not extended out to these areas yet . Today I have property in Branch, if I developed this property, I would have to comply with Wylie' s ETJ rules and yet Wylie can not serve this area. Mr . Cook stated that if a developer has a piece of property in Wylie ' s ETJ and there is another water company, why can' t this company service the water . Mr . Faires stated that a developer could use an existing water service, but would have to bring the lines up to standard. Mr . Cook said the point is there is already a 6" water line and yet your Ordinance said an- 8" water line. Why should the developer have to put in another line. Mr . Cook also stated that there was no sewer in the area and why should a developer have to lay sewer lines , when it is not feasible. Mr. Cook also stated that this was a lot of cost, but it the Council so wishes , he would do it . Mr . Cook then addressed the roads in the ETJ. Why should the developer have to put in concrete streets or money in lieu of these streets when everything in the area is done in asphalt. Why should the developer have to put in a large street than what is already there. Chairman Brian Chaney said the reason for the larger water lines is to build for the future. In ten years , we do not want to have to come back and put in larger lines with City funds just because we did not do our planning . The sewer is required so that when sewer gets to this property, all the property owners have to do is kill the septic system and tap into the main sewer line. Chairman Chaney then stated that the perimeter street fees are required and that the developer either put in the street or money in lieu of the street. This is done to protect the citizens from having to pay for this street later with a bond issue. Mr . Faires stated that part of what has been presented the City would have no problems with. Mr . Faires also stated that the State requires a certain size line for fire protection, and these requirements are for the future and is the best way to protect our citizens . Just because property is in our ETJ does not mean it want be in our City within a few years . Chairman Chaney stated that we are planning and future planning is important, I believe that these items in our Subdivision regulations in regards to the ETJ are fair and just. Mr . Cook stated that the way the City Ordinances are set up, he is restricted in developing . Mrs . Wood asked how long he has had this property. Mr . Cook said since in the 70 ' s when he purchase the land for Beaver Creek. Mrs . Wood asked if he knew that some of the people in Beaver Creek are not satisfied with their water supply. Mr . Cook said no . Mr . Faires stated that the road in his subdivision would not be consider a perimeter street because it goes through the middle of the property. Mr . Cook would have to put in the entire street . Mr . Skipwith asked the width of the pavement. Mr. Faires said in the beginning it was stated to be 44 ' of concrete, but I believe 37 ' of concrete is all that is needed. Mr . Stovall stated that when all the streets in the area are asphalt , why want the city let the developer put in asphalt streets . Chairman Chaney said because of the City Ordinance. Mr . Cook said he is only wanting to amend the ordinance to state that if the area in question already has water lines and roads, then do not make the developer tear out these and put in new ones . Chairman Chaney stated again that he feels the rules and regulations for the ETJ areas are fair and just. Mr . Miller said he feels that the ordinance should be up held as written. Mr . Stovall stated he did not have a problem with the water and sewer lines , but he likes to see consistency within the area and if it has asphalt streets, why put in concrete streets . Mr . Faires said the job of this board is to look for tomorrow. Is there going to be future development that will bring more traffic . I believe in the future that this street will bring people through connecting with I-30 . Mr . Stovall stated that in consideration of development , if the street is not a major thoroughfare than asphalt should be allowed . Mr. Peddicord said that regulations have been set up by past boards and this board should not make an exception . Chairman Chaney said he feels the ETJ requirements meet the needs of the City at this time. There being no other business , a motion was made by Mrs . Wood to adjourn. Seconded by Mr. Peddicord. This motion carried with all in favor . Brian Chaney, Chairman of Board Respectfully Submitted: Carolyn Jones, City Secretary �vv PARKS & RECREATION BOARD REGULAR MEETING CITY OF WYLIE, TEXAS TUESDAY, AUGUST 4 , 1987 7 :00 P.M. COMMUNITY ROOM 800 THOMAS STREET The City of Wylie Parks & Recreation Board met in regular session on Tuesday, August 4, 1987 at 7 :00 P.M. in the Community Room. A quorum was present and notice of the meeting had been posted in a time and manner required by law. Those present were Vice-Chairman John Morgan, Peggy Sewell , Joanie Zeeb, Willie Benitez , Don White, Acting Director of Public Works, James Johnson, Acting City Manager , Carolyn Jones City Secretary, and Candi White, Secretary. Larry Nickell , D.F. Whitlow, and John Smyder were absent. Vice-Chairman John Morgan called the meeting to order. OATH OF OFFICE: Vice-Chairman Morgan asked Joanie Zeeb if she had any objection to waiving the swearing of the new members until the meeting next month, since John Smyder and D.F. Whitlow were not present at this meeting . Ms. Zeeb had no objections. CONSIDER APPROVAL OF MINUTES: Mrs . Sewell made a motion that the minutes of the May 5 , 1987 meeting be approved. Mr . Benitez seconded the motion. Motion carried with all in favor. ELECTION OF CHAIRMAN: Motion was made by Mrs . Sewell that Mr . Morgan be elected Chairman by acclamation. Ms. Zeeb seconded the motion. Motion carried with all in favor . Mr . Morgan requested that it be on the agenda for the next meeting to elect a Vice-Chairman. PARKS AND RECREATION BOARD DUTIES (PARK ORDINANCE) : Chairman Morgan explained that Article II , Section 2 of the ordinance, which states that there will be nine members on the Park Board, is in direct conflict with the City Charter which states there will be seven members. Mrs. Sewell asked if they will now have seven members instead of nine. Mr . Morgan said "yes" , that the ordinance had been amended to allow for seven members . Chairman Morgan also explained to the members that if they had anything they wanted to discusss at a meeting, that the item would have to be put on the agenda , and that they could contact Carolyn Jones, City Secretary, to do so. PARK MASTER PLAN: Chairman Morgan explained how much money was scheduled for which projects. Ms . Zeeb asked Chairman Morgan to explain the priorities and averages. Chairman Morgan explained that the highest averages would be the lowest priorities and the lowest averages would be the highest priorities, according to how the members rated the projects. Chairman Morgan stated that the basketball courts have become a priority for a number of citizens, as well as the City Council , and that he had understood that they could be built with the bomag machine. Mr . White, Director of Public Works, explained that the bomag machine only does the sub base for what you overlay it with and that it will not put the asphalt down. The big difference in doing a road and a basketball court would be a sealer for the court . Mr . White also said that dollar wise, they were planning to wait until another street project was done and use the same materials c 3 then. He also explained that certain procedures and specifications should be followed to make sure the asphalt holds up. Mrs. Sewell stated that she wants to see these projects done, but would be very much opposed to doing anything that wouldn' t hold up. Ms. Zeeb felt that the baseketball courts would be used mostly in the evenings and on weekends, and was under the impression that there had been discussion of putting them in the high school parking lot. Chairman Morgan said that there had been some discussion of putting them in the parking lot at the park, but he felt there would be too much traffic congestion and that the best place would probably be the north side of the pavillion. Chairman Morgan asked Mr . White, Director of Public Works, to get some cost estimates and specifications for the next meeting . Chairman Morgan also asked Mr. White to see if he could get the volleyball net back up. Mrs . Sewell mentioned that several citizens were interested in a public swimming pool , but that it was fairly low on the list of priorities and would be quite costly. SPRINKLER SYSTEM: Chairman Morgan stated that the sprinkler system on Cooper and Tibble Fields are still not working . He also stated that if you put the timer on Tibble Field, it just flips on over to off. SIDEWALK INTO CITY PARK: Chairman Morgan asked Mr . White, Director of Public Works, how much expense there would be to widen the sidewalk to the concession stand about three feet, enabling Dr . Pepper to deliver more easily. Mr . White asked if Wylie Sports Association had considered changing vendors, as it is their job to take their product where the customer wants it . Mr . White also stated that the sidewalk is only four inches of concrete and is not designed to be driven on. Chairman Morgan explained that there is also a need for trucks to get into the park for other reasons also , such as picking up trash. Chairman Morgan said he would still like to see some cost estimates on widening the sidewalk to keep the vehicles from running over the sprinkler heads. Chairman Morgan asked Mr . White to get another key to the cable around the ball fields. CITIZEN PARTICIPATION: None. GENERAL DISCUSSION: Mr . Benitez stated that he would like some signs put up at the entrance to the ball fields that would prohibit bicycles and skateboards from the park area, as he was concerned that someone might get run over or knocked down. He also asked if this needed to put on the agenda. James Johnson, City Manager, stated that the City already has an ordinance prohibiting vehicles in the parks, but that they could put up another sign that would specifically include bicycles and skateboards. Mr . Benitez said that he would also like to see a "no parking" sign put in front of the saidewalk so cars wouldn' t block the entrance to the park. Ms. Zeeb said that she is very interested in the "beautification of Wylie" and that she has a committee sending out letters, along with talking to the news media about donating a tree. She asked for input from the Board as to where they would like to see these trees planted . Chairman Morgan stated that he would like to see some trees next to the picnic tables by the creek, to provide a shady area, which would put those tables to more use. Mrs . Sewell asked what size trees Ms. Zeeb was speaking of . Ms . Zeeb explained that it was strictly up to the person donating the trees, but that she was taking bids between $25.00 and $200 .00 . Ms. Zeeb also stated that the committee wanted to put markers either on the trees or in front of the trees which would reflect the words "donated by" or " in memory of" . Mrs . Sewell suggested the possibility of putting wall plaques in a building somewhere, so as not to lose the markers. Ms. Zeeb said that she would also like to see the Planning and Zoning Commission require builders and developers to put in some landscaping , rather than concrete all the way to the road, especially on commercial property. Mr . White, Director of Public Works stated that an amendment could be made to the subdivision ordinance to require landscaping. Mr . Johnson, City Manager, said that the Board should make a recommendation for such amendment to the Planning and Zoning Commission. Mrs. Zeeb said she would bring ordinances from other cities to the next meeting. Mrs. Sewell asked if there would be a way to put in some kind of road to the concession stand for delivery and clean up trucks to get in and out . Mr. White explained that it could be done with the bomag machine without an overlay on it, that would last for several years . Mr . White also said this might be something the Board would want to look at in the next budget. Mr. Johnson, City Manager, said that he was at the meeting representing the City Council and that the Council has a desire for the Board Members to communicate with them, and to really become involved, and make recommendations. Mr. Johnson also said that he wanted to welcome all the new members to the Board. Mr. White, Director of Public Works, explained that he wanted the Board to know that at this time he didn' t have any personnel in the Parks Department and that the City has a hiring freeze. Mr . White also said that in reading the minutes from a Council meeting in 1984 , he had discovered that the City had an agreement with WSA that WSA would mow, seed and fertilize the ball fields. Chairman Morgan said that the agreement had been changed at a later date to reflect that the City would mow, fertilize and seed the ball fields. Mrs. Jones, City Secretary, said that she had been unable to find any other minutes which reflected the changes. Chairman Morgan said he would look in his files to see if he could find the changed agreement. Mrs. Sewell asked if someone resigned from his employment, why that person couldn' t be replaced by someone else even though there is a hiring freeze. Mr. Johnson, City Manager, explained that the City is trying to function right now without replacing those who have resigned , due to a revenue shortage in all areas of the City funds, and that the City is suffering an economic depression at this time. Mr. White, Director of Public Works, explained that he was hoping to hire someone for the Parks Department in October. Mr . White stated that he would like to communicate with all members of the Board and would like to help the Board in anyway he can. Mr . Benitez asked if there is a problem with someone volunteering to mow the parks. Chairman Morgan said there was no problem and that it had been done quite often, but that there is a problem with volunteers running over the sprinkler heads. Mr. White, Director of Public Works, said that if someone wanted to volunteer , and he was notified ahead of time, he would have flags put out by each of the sprinkler heads, to avoid crushing them. ADJOURNMENT: Mrs. Sewell made a motion for the August 4 , 1987 meeting to be adjourned . The motion was seconded by Mr . Benitez . Motion carried with all in favor . John Morgan, Chairman Respectfully Submitted: Candi White, Secretary iI MEMORANDUM DATE: .1 G(4 Z z, i9 7 TO: James Jthnson, Interim City Manager FROM: Ron Homeyer, Asst. City Engineer SUBJECT: Plat and/or Plans Approval WDOD L4Kr The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. OF'reliminary Flat to Planning and Zoning O/Preliminary Flat to City Council @'Final Flat to Planning and Zoning_ Final Flat to City Council KLnstruction Plans to City Council for- construction approval only OFinal Flat to City Council for subdivision acceptance along with final inspection statement COMMENTS: • RH/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File ,7,? e? r 6 .... ....e.„...__ ..„ _• . „/„. Zit AmpiA i-- A.......----# : INIMilt ' • 1 V re3ro rmT = a [r[� • a. far, I . •, TOW. . `� e, •••' [• •k „ • O 133a1S L MVO 1S■3 __ ia i T 1 r 9 leer, • NOSV i a r is).•SG Ga U. •13wl310 3 0 aGS•+ I •011IL SliWii Ally ........ ,k.,, o,o__� ... I - i i 1 r• I „3aallw • • I I I. i.I• 3NO+1I1• + I IA u « • le a se • H 1 • .. Ye a i 7• 0 G 1 • ,, S. a a da07 C. all - ci .• a K �+ • • . • . . , t . 1 I iS . . -— - •• w K 1 t. a r • I I-et a a as a a ea.a as • Si r • a, - 7.Ott 1• •� a. a n - a _ It 1°161 7►r01,. J►GO7 ,A I • [ • [ • , • • • • r a n •.. I « i` I r 9Z9/9 S�33n,1 i!'310d1 o a3110d I Is I oa• ' c• • Tj a A 9007 i ,• w ■ -. . . . . s u a a +a a •,� r w as w + •a .c „ Ye' nlN3 075, " • a • i a • a • • R.-• •w=M • • a, •.... ` I j • c ut G. • i I a M a r+ •% w'� a C I i J a a I• / •• 'a a a a +a a-•'• u • • 1 = a 1ft. a ,a r9r 'a Ye • i a .. • • •l,•' 1-a S,•IIi'3 ran_" SMM9n3 ONr30n •• J a w "I •, _ • • a.+a a. • r • r Al • • a is _as a ' ',c SZE i 1 , A. s*a9 34+3ab I l 3t •Za S- I I S son9^3 3947Me - I i 3e C Z !!O tl 31�'IM 1 I X rC f j 0 3 4 A Al= 413ww'._- �� I I - I 7•'AM I . .n „• Ye '. Y• T 3v 96 1 - SMM9a:3 I a-t+*M d3_ ,re S M+ar^.3 31 CO' dIOtC. ti,, i I y3iM .�! e3a�sM d3:�VM alNx•I a'4•1•• AV Si 1r+3e, I ' _ , 1 j IL bat' 3ltaS Yea SaX'14 / _ AL', r 11 1f3 _M / z 3 3 I A Cb• i r �1 1 / Jv LVII ,�( 1 ONINM00 /� 3 aIS 7 ft 3•C 0 •1.3 ••N 31 �/ j A 991 _ y ,•,"--- -- OYw+7+a7— iJ I _ w / wlw33ae aa39oe a. 3• 00 cc 0400 o• 1 I/.:// , 1 Faires said there is more than enough parking, and that the plans shows thirty-four (34 ) parking spaces . Mr . Skipwith stated that when he accepted this position on this board, he said he would do what was best for the City of Wylie . I believe this is something that is needed and will be an asset . A motion was made by Mr. Skipwith to recommend to the City Council approval of this Planned Development . Seconded by Mr . Peddicord. This motion passed with all in favor . APPROVAL OF RECOMMENDATION OF AMENDMENT TO IMPACT FEE ORDINANCE: Mr. Faires stated that this amendment was in connection with the new Senate Bill that was just passed . Mr . Skipwith stated that before this Senate Bill was passed, these fees would only be used for improvements . Mr. Faires said yes , but now these fees can be used for the engineering cost and the research study. James Johnson, City Manager stated that the new law will actual force cities to do better planning . I think the City should act speedily and put this plan into force. This bill forces cities to do long term planning . Mr. Stovall wanted to know if this law applied to all cities, or just cities with impact fees. James Johnson, City Manager, said only the cities that have an impact fee. Mr. Peddicord wanted to know if Council would have to approve the monies being spent. James Johnson City Manager said yes. Motion was made by Mr . Miller to recommend approval of the amendment to the Impact Fee to the City Council . Seconded by Mr . Stovall . This motion carried with all in favor . APPROVAL OF RECOMMENDATION OF FINAL PLAT FOR WOODLAKE VILLAGE: Mr . Roy Faires stated that this plat does comply with all the City Ordinances and complies with what the preliminary plat showed. Staff does recommend approval . Motion was made by Mr. Peddicord to recommend approval of the construction plans of the final plat of Woodlake Village to the City Council . Seconded by Mrs . Wood . This motion carried with all in favor. APPROVAL OF RECOMMENDATION OF PRELIMINARY PLAT FOR WESTGATE INDUSTRIAL PARK: Mr . Faires stated that this will divide the Westgate Industrial Park and will have a thoroughfare through the middle of the property. This maybe the site for the new post office. This thoroughfare does comply with the City Ordinances and thoroughfare plans . Mr. Jerry Lands, who is representing the owners, stated that when this thoroughfare is completed, it will connect the FM 544 and FM 3412 and will also connect the water and sewer system in this same area. A motion was made by Mr . Stovall to approve the recommendation of the preliminary plat for Westgate Industrial Park to the City Council. Seconded by Mr . Skipwith. This motion carried with all in favor . PRESENTATION BY BARON COOK: Chairman Brian Chaney asked Mr . Faires to give an introduction to what Mr. Cook was presenting . Mr . Faires stated that Mr . Cook did not want to talk about Canterbury Hill per-say, but about the rules and regulations in the City' s Subdivision Ordinance for the ETJ areas. Mr . Faires stated that the council does have the authority to extend the Subdivision Ordinance into the ETJ areas. Mr. Faires also stated that the City Staff and all the City Boards have enforced these rules and regulations . Mr . Cook said the result he is seeking is to get the Subdivision Ordinance amended . I do not have a problem with the Subdivision Ordinance, except when it is governing the ETJ areas. The problem that is arising is that Wylie has a large ETJ and services are not extended out to these areas yet . Today I have property in Branch, if I developed this property, I would have to comply with Wylie' s ETJ rules and yet Wylie can not serve this area. t MEMORANDUM DATE: 3 / I Cl 7 TO: James Johnson; Interim City Manager , � FROM: Ron Homeyer, Asst. City Engineer SUBJECT: Plat and/or Plans Approval L'147-t /AL P/-{/<‹ The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. 'reliminary Plat to Planning and Zoning O Preliminary Flat to City Council O Final Flat to Planning and Zoning O Final Flat to City Council [' Construction Plans to City Council for construction approval only OFinal Fiat to City Council for subdivision acceptance along with final inspection statement COMMENTS: • RH/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File 4 3 t \ —1 I AL AM! ROAD 1 \ \ CRY LIMITS • 1 • • Ai- ! ` \t` +au N [R[cKsow \ uoow — s�jr•i+7— \ «Ire?.4'i • • .s. .c 1. .. _&... .\ I , \ WMS r[IMIY WRI(.eV \ I a � I .� i •4 MOOOY �tiloa___ A I 041 AC ,� - \� :id [ '0, r oor al AC �i i S !I A s .,Roves r I e,, ,>MK itr Ir I I z I is lR I In re . N I '\ 4 r \ • _ _ _ /1 r -- - — PR OPOSED_ _ 5. • CItY JF _� ROW WYLIE , Wllij4 f rgyK \\ ii o jt • I I I \ �\ 6\c„...5 # \ \ 1L� t.y� w o, rSia� \ �• C\ r I j - `j \$ \ \`fit\ , • IL I m AE — I R $ ` IIF��"+++ t jK hvE ---- % a 1 It. is IQE ti • I a 1L _ ♦ L4 m• 1 1 InIlip es \ j7' •hr•' rr '�� ! J In I �`� �, R IA Me \ _ �iLI ACE INUUSiRIK M I I Rill ..., \ • — II {Orr Y: \ i ICMEMICAt RECKLW 1 C 6i• - -- ( •r y 1 (�JY ----•r,r Faires said there is more than enough parking, and that the plans shows thirty-four (34) parking spaces . Mr . Skipwith stated that when he accepted this position on this board, he said he would do what was best for the City of Wylie . I believe this is something that is needed and will be an asset . A motion was made by Mr. Skipwith to recommend to the City Council approval of this Planned Development . Seconded by Mr . Peddicord. This motion passed with all in favor . APPROVAL OF RECOMMENDATION OF AMENDMENT TO IMPACT FEE ORDINANCE: Mr. Faires stated that this amendment was in connection with the new Senate Bill that was just passed . Mr . Skipwith stated that before this Senate Bill was passed, these fees would only be used for improvements . Mr . Faires said yes, but now these fees can be used for the engineering cost and the research study. James Johnson, City Manager stated that the new law will actual force cities to do better planning . I think the City should act speedily and put this plan into force. This bill forces cities to do long term planning . Mr . Stovall wanted to know if this law applied to all cities, or just cities with impact fees . James Johnson, City Manager, said only the cities that have an impact fee. Mr. Peddicord wanted to know if Council would have to approve the monies being spent. James Johnson City Manager said yes. Motion was made by Mr . Miller to recommend approval of the amendment to the Impact Fee to the City Council . Seconded by Mr . Stovall . This motion carried with all in favor . APPROVAL OF RECOMMENDATION OF FINAL PLAT FOR WOODLAKE VILLAGE: Mr . Roy Faires stated that this plat does comply with all the City Ordinances and complies with what the preliminary plat showed . Staff does recommend approval . Motion was made by Mr. Peddicord to recommend approval of the construction plans of the final plat of Woodlake Village to the City Council . Seconded by Mrs . Wood . This motion carried with all in favor . APPROVAL OF RECOMMENDATION OF PRELIMINARY PLAT FOR WESTGATE INDUSTRIAL PARK: Mr . Faires stated that this will divide the Westgate Industrial Park and will have a thoroughfare through the middle of the property. This maybe the site for the new post office. This thoroughfare does comply with the City Ordinances and thoroughfare plans . Mr. Jerry Lands, who is representing the owners, stated that when this thoroughfare is completed, it will connect the FM 544 and FM 3412 and will also connect the water and sewer system in this same area. A motion was made by Mr . Stovall to approve the recommendation of the preliminary plat for Westgate Industrial Park to the City Council . Seconded by Mr . Skipwith. This motion carried with all in favor . PRESENTATION BY BARON COOK: Chairman Brian Chaney asked Mr . Faires to give an introduction to what Mr . Cook was presenting . Mr . Faires stated that Mr . Cook did not want to talk about Canterbury Hill per-say, but about the rules and regulations in the City' s Subdivision Ordinance for the ETJ areas. Mr . Faires stated that the council does have the authority to extend the Subdivision Ordinance into the ETJ areas. Mr. Faires also stated that the City Staff and all the City Boards have enforced these rules and regulations . Mr . Cook said the result he is seeking is to get the Subdivision Ordinance amended . I do not have a problem with the Subdivision Ordinance, except when it is governing the ETJ areas. The problem that is arising is that Wylie has a large ETJ and services are not extended out to these areas yet . Today I have property in Branch, if I developed this property, I would have to comply with Wylie' s ETJ rules and yet Wylie can not serve this area. 33 • APPLICATION TO III Board of Adjustment and Appeals (Building) ORDINANCE 83-15 III Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 rii Planning and Zoning Commission ORDINANCE 81-5 NAME W.C. Allen Jr. ADDRESS P.C. Box 495 Wylie, Texas 75098 • LOT 1-6,N1/2 7,_8, &9 BLOCK , Railroad SUBDIVISION BASIS OF APPLICATION: I1 Interpretation Special exception for use or development (� Variance x Rezoning ri Exception to Building Code - ' EXPLANATION: Rezone from Multi-Family to ET for Funeral Home I.- - - • 7.;:` -. :47-` •.:. -- _ 4 SIGNITURE of APPLICANT % . . ..-e2c.... .A__ • DATE : May 29 .1987 >41 + • Must be accompanied by filing fed, of $ 2. I- y,,ce_ 8" 7 1 . Received: Date: 5-- '-S - A04,_ 2-7/ II' — 1 �ra 1 • • •I a II • ri t NE 1 • lit , t �. +h • 41 iZ '4' tI • 1 h % 'lilt la • - II • . OZ v c tail • • ---. __rri" ►- �?'`" .s 4-�', ,, �• • ' , e^ z a If , - 71 \ 9Z • II It . •f' ' a ZI ' 1 �1cit, - ii a 2 •N L,. p+6 �° ,+-----�-!� • hit_. �:.. let 1 rv•h m t Of 1 I Lt 4 OI' • Of I . 4 iiih‘d. N 6,"z al, Ong cg,), bol , ,,z. , "... Lis; at , O ,11 flat X fah s •• , '4.1 r., 6Z s 01 �Z I ....A. 111 0 °' 1 „, . I O1 • i�ohOt • a y�1' , 1 I t• o oI m 92 . _ 6 i .-I./fr- -9Z :A t fj • • , f I • 11° , .',, ' • '( . SOP ' • +y.V. t; 121Z g ` t ! .___ h b .r'd . 'RN .7; . . �` *.' . it . ' 11.111. f6'Zf1 _ _ '•I L Z - 9 f if, '` -( tt ' _ \` Itil a Loh �.♦ . • {, al � 6.91. 1 )i_vot,i6hLt.6c,,,,,,isys.:. E �1 _ / VtIMil., •1 1 Of • •M 9Z = L �� tTtf" i i �7, ,ti ° .. • I a h • ` • • }, 6 _•af •Io£ a . w .�\ 9 sZ - r 9 lnt� -- --+ 9Z •ailaill `1 ��r• ash ands M0`I' OH000M o= ' `Z.•' z °�� - ` •• «r t1;.0 ' . i M • 9L At 92'Is 991�1 Zz £ n �' r• a ! ill •P.. . .4 • \I , •• • ,. rim t 1.�r M. w •.. rr�•.. it •r.+.�•� 11 + .,r �. a. t • ._ . 3 3\8 s '� . :i.. �y � ... iy., . -r......ir!, , 00e A .f.,.,!::t. 1 _. ,.. ,.• '*. . IICW,ti;1 q4idall‘''' I I -7/. - - " Ell C Mill h ,,,,.Co' FOE • .j,,,' V.!4.. . ,414•",7:.". .., •. .•' 1 , To ii',14,. '__ .t4 9 Q o1 Olsnc' S , OI fc� l -' k+t:t a,"„„..-„,....... .S, . „:, :., . , :.: . .: ..4.. /7.•• ; •.':,• . . • - •• -4.a.. •it. ': • , • .-.P.- air •(4'i. (.01'.i 1! Iv.,,,; ').s.ii-r:::,..ai I , /'+y ; 411111111 � u! A o +S .: f �. fr,," ` �►r'-:., ;t ; �i . - A ..f0\e\ yiI►•;;fir f ' . Cillr0 ..• 7% '"1"111111. Irjaill."6"..."841 \ . I . • 1. ' IT - .sZ = ZONING BOARD OF ADJUSTMENTS MINUTES FRIDAY - JULY 17, 1987 COMMUNITY ROOM 7:00 P. M. 800 THOMAS STREET The Zoning Board of Adjustments met in regular session on Friday, July 17, 1987 in the Community Room at 800 Thomas Street at 7 :00 p. m. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Members present were Chairman; Art Harris, Vice Chairman; Gary Ludwig, N. C. Jefferies, Cleo Adams and Cecilia Woods. Those absent were Paul Gaddy and Robb Tanella. Representing the City Staff was Code Enforcement Officer, Roy Faires and Amanda Maples, Secretary. ITEM NO. 1 - APPROVAL OF THE MINUTES OF MAY 281. 1987 - Corrections needed to be made on Page 2, Paragraph 2, stating that the alley had beer. abandoned by official actior. of the City Council and in Paragraph 3, Mr. Drapier should be referred to as Brother Drapier. Cecilia Woods made a motion to table the approval of the minutes so that corrections could be made. Vice-Chairman, Gary Ludwig seconded the motion. Motion carried 5-0. ITEM NO. 2 - CONSIDER A REQUEST FOR A VARIANCE FROM THE FIVE ACRE MINIMUM FOR A PLANNED UNIT DEVELOPMENT IN ORDER TO APPLY FOR A PLANNED UNIT DEVELOPMENT ON LOTS 1-6 AND THE NORTH HALF OF LOTS 7-9 OF BLOCK 28 OF THE RAILROAD ADDITION - Mr. Faires addressed the board stating that the Aliens had originally applied for a rezoning to B2. The night of their- public hearing before the Planning and Zoning Commission, a quorum was not present so they were unable to hold a formal meeting. They were able to discuss this project with some of the members of the P&Z and with the staff. We found that some were opposed to having the 82 zoning in the middle of a residential area but none were opposed to having the funeral home there. I informed them that one way to accomplish their goal ar,d not have the 82 zoning was to apply for a variance and have a Planned Unit Development. This would insure that nothing other than a funeral home would be built on this property and that would protect the City and the home owners in that area. The five acre requirement would constitute a hardship or, the Aliens because there is not five acres available. Under these circumstances I would support this request for a variance. Cleo Adams asked how much property there is available and if they would have to meet all of the parking requirements and so forth. Mr. Faires said that they would have to comply with the parking regulations and everything else as usual. Chairman Art Harris said that the property amounted to just over a half an acre. Mrs. Allen said that downtown has no parking facilities and it is just not big enough. Mr. Faires said that moving the funeral home would relieve a lot of the congestion in the downtown area and it would help the Police Department. I feel like it would benefit the whole downtown area to allow them to move the funeral home to this proposed site. Mr. Faires presented a floor plan of the proposed funeral home to the board. At the present time Mr. Allen is having his plans drawn so that in the event that he is successful tonight, he will be able to go before the Planning and Zoning Commission in two weeks. Chairman Art Harris stated, for the record, that 18 letters were sent to property owners within 250 feet of the proposed site. Four letters were returned in favor of the proposal and none against. N. C. Jefferies made a motion to approve this request for a variance from the five acre minimum in a Planned Unit Development. Cleo o Adams seconded the motion. Motion carried 5-0. ITEM NO. 3 - ADJOURN - Vice-Chairman Gary Ludwig made a motion to adjourn the July 17, 1987 meeting of the Zoning Board of Adjustments. Chairman Art Harris seconded the motion. Motion carried 5-0. Chairman, Art Harris Respectfully Submitted : Secretary, Amanda Maples PLANNING AND ZONING COMMISSION MEETING - MINUTES 7:00 P. M. AUGUST 6, 1987 The City of Wylie Planning and Zoning Commission met in regular session on Thursday, August 6 , 1987 in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Brian Chaney, Bart Peddicord, Cecilia Wood, Marty Stovall , Bobby Skipwith, and R. P. Miller, Code Enforcement Officer Roy Faires , City Secretary Carolyn Jones , Acting City Manager James Johnson. Mr . Ben Scholz was absent . ADMINISTER OATH OF OFFICE: City Secretary Carolyn Jones administered the oath of office to Cecilia Wood, Bart Peddicord, and Marty Stovall . Chairman Brian Chaney welcomed the new members to the board . APPROVAL OF MINUTES: The minutes submitted for approval were for the July 16th and July 23rd meetings . Chairman Brian Chaney corrected his statement on the July 16th minutes of the zoning of the Pendry tract . Mr . Chaney stated that he did not say "has always gone with cluster zoning" but that he said "has been using cluster zoning" . There being no other corrections or additions to the minutes , a motion was made by Cecilia Wood to approve with noted correction. Seconded by Bobby Skipwith. This motion passed with all in favor . PUBLIC HEARING ON REZONING OF LOTS 1-6 , N 1/2 OF 7, 8 & 9 , BLOCK 28 , RAILROAD ADDITION: The request for zoning is for a Planned Development . The current zoning is for multi- family. This is a Developmental Plan and it will not come back to Planning and Zoning again . Roy Faires , Code Enforcement Officer, stated that this property is located across from the Wylie Cemetery. The Funeral Home is located in the downtown area today and there is a problem for them with the parking . The present owners have gone before the Zoning Board of Adjustments , as the City' s Ordinance for Planned Development stated you must have five (5) acres and this does not have the five (5) acres . The Zoning Board of Adjustments granted the variance for a Planned Development Zoning for a new Funeral Home in this area. There is approximately 4 ,000 square feet of building . The front of the building will face Masters Street . Staff will be supportive of this request . Chairman Brian Chaney reminded the board that this was a Development Plan and it would only come before the board this one time. Chairman Brian Chaney opened the public hearing. There was a question about the fence that would need to go around this area. Mr . Faires stated it would have be fenced due to the single family homes adjacent to it . Chairman Brian Chaney stated this would be an opaque fence. Mrs . Allen wanted to know if they could put in shrubbery instead of a wooden fence. Mr . Faires stated no, that they would have to have a fence. There being no other questions , the public hearing was closed . APPROVAL OF THE RECOMMENDATION OF REZONING OF LOTS 1-6 , N 1/2 OF 7 , 8 , & 9 , BLOCK 28 RAILROAD ADDITION: Mr . Stovall wanted to know if there was a creek behind this property. Chairman Brian Chaney stated no, there is some drainage. It was noted for record that the city staff mailed out fifteen (15) letters and four (4) were returned in favor. Mr . Miller asked about the parking and was there enough. Mr. l Faires said there is more than enough parking , and that the 1 plans shows thirty-four (34 ) parking spaces . Mr . Skipwith stated that when he accepted this position on this board, he/ said he would do what was best for the City of Wylie . I believe this is something that is needed and will be an asset . A motion was made by Mr . Skipwith to recommend to j (____ the City Council approval of this Planned Development . Seconded by Mr . Peddicord . This motion passed with all in favor . APPROVAL OF RECOMMENDATION OF AMENDMENT TO IMPACT FEE ORDINANCE: Mr . Faires stated that this amendment was in connection with the new Senate Bill that was just passed . Mr . Skipwith stated that before this Senate Bill was passed , these fees would only be used for improvements . Mr . Faires said yes , but now these fees can be used for the engineering cost and the research study. James Johnson , City Manager stated that the new law will actual force cities to do better planning . I think the City should act speedily and put this plan into force. This bill forces cities to do long term planning . Mr . Stovall wanted to know if this law applied to all cities , or just cities with impact fees . James Johnson, City Manager , said only the cities that have an impact fee. Mr. Peddicord wanted to know if Council would have to approve the monies being spent . James Johnson City Manager said yes . Motion was made by Mr . Miller to recommend approval of the amendment to the Impact Fee to the City Council . Seconded by Mr . Stovall . This motion carried with all in favor . APPROVAL OF RECOMMENDATION OF FINAL PLAT FOR WOODLAKE VILLAGE: Mr . Roy Faires stated that this plat does comply with all the City Ordinances and complies with what the preliminary plat showed . Staff does recommend approval . Motion was made by Mr . Peddicord to recommend approval of the construction plans of the final plat of Woodlake Village to the City Council . Seconded by Mrs . Wood . This motion carried with all in favor . APPROVAL OF RECOMMENDATION OF PRELIMINARY PLAT FOR WESTGATE INDUSTRIAL PARK: Mr . Faires stated that this will divide the Westgate Industrial Park and will have a thoroughfare through the middle of the property. This maybe the site for the new post office. This thoroughfare does comply with the City Ordinances and thoroughfare plans. Mr . Jerry Lands , who is representing the owners , stated that when this thoroughfare is completed, it will connect the FM 544 and FM 3412 and will also connect the water and sewer system in this same area. A motion was made by Mr . Stovall to approve the recommendation of the preliminary plat for Westgate Industrial Park to the City Council . Seconded by Mr . Skipwith. This motion carried with all in favor . PRESENTATION BY BARON COOK: Chairman Brian Chaney asked Mr . Faires to give an introduction to what Mr. Cook was presenting . Mr . Faires stated that Mr . Cook did not want to talk about Canterbury Hill per-say, but about the rules and regulations in the City' s Subdivision Ordinance for the ETJ areas . Mr . Faires stated that the council does have the authority to extend the Subdivision Ordinance into the ETJ areas. Mr. Faires also stated that the City Staff and all the City Boards have enforced these rules and regulations . Mr . Cook said the result he is seeking is to get the Subdivision Ordinance amended . I do not have a problem with the Subdivision Ordinance, except when it is governing the ETJ areas. The problem that is arising is that Wylie has a large ETJ and services are not extended out to these areas yet . Today I have property in Branch, if I developed this property, I would have to comply with Wylie' s ETJ rules and yet Wylie can not serve this area . ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE 84-12, SECTION G, BY ADDING THERETO AT THE END OF THE SECTION THE WORDS: "OR ANY OTHER LAWFUL PURPOSE AUTHORIZED BY STATE STATUTE OR CITY CHARTER. " PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS; it is the desire of the City Council to expand the permitted use of impact fees to include those uses permitted by S. B. 366, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that SECTION 1. Ordinance 84-12, is hereby amended so that Section G reads as follows: G. All funds received from the impact fee for all future water and sewerage connections, as aforesaid, and all charges thus imposed, heretofore, shall be deposited into the "Water and Sewer System Impact Fund" and shall be expended from that fund only for the purpose of providing for major improvements, debt service, expansion, emergency repairs and extending or constructing new additions or replacements to the water and sewer system of this city which are required and needed because of the impact upon said water and sewer system due to such additional connections or any other lawful purpose authorized by State Statute or City Charter. 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. 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 decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 4. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of , 1987. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary Faires said there is more than enough parking, and that the plans shows thirty-four (34) parking spaces . Mr . Skipwith stated that when he accepted this position on this board, he said he would do what was best for the City of Wylie . I believe this is something that is needed and will be an asset . A motion was made by Mr . Skipwith to recommend to the City Council approval of this Planned Development . Seconded by Mr. Peddicord. This motion passed with all in favor . APPROVAL OF RECOMMENDATION OF AMENDMENT TO IMPACT FEE ORDINANCE: Mr. Faires stated that this amendment was in connection with the new Senate Bill that was just passed . Mr . Skipwith stated that before this Senate Bill was passed, these fees would only be used for improvements . Mr . Faires said yes , but now these fees can be used for the engineering cost and the research study. James Johnson, City Manager stated that the new law will actual force cities to do better planning . I think the City should act speedily and put this plan into force. This bill forces cities to do long term planning . Mr . Stovall wanted to know if this law applied to all cities , or just cities with impact fees . James Johnson, City Manager , said only the cities that have an impact fee. Mr. Peddicord wanted to know if Council would have to approve the monies being spent. James Johnson City Manager said yes . Motion was made by Mr . Miller to recommend approval of the amendment to the Impact Fee to the City Council . Seconded by Mr . Stovall . This motion carried with all in favor . APPROVAL OF RECOMMENDATION OF FINAL PLAT FOR WOODLAKE VILLAGE: Mr . Roy Faires stated that this plat does comply with all the City Ordinances and complies with what the preliminary plat showed. Staff does recommend approval . Motion was made by Mr . Peddicord to recommend approval of the construction plans of the final plat of Woodlake Village to the City Council . Seconded by Mrs . Wood. This motion carried with all in favor . APPROVAL OF RECOMMENDATION OF PRELIMINARY PLAT FOR WESTGATE INDUSTRIAL PARK: Mr . Faires stated that this will divide the Westgate Industrial Park and will have a thoroughfare through the middle of the property. This maybe the site for the new post office. This thoroughfare does comply with the City Ordinances and thoroughfare plans . Mr. Jerry Lands , who is representing the owners, stated that when this thoroughfare is completed, it will connect the FM 544 and FM 3412 and will also connect the water and sewer system in this same area. A motion was made by Mr . Stovall to approve the recommendation of the preliminary plat for Westgate Industrial Park to the City Council . Seconded by Mr . Skipwith. This motion carried with all in favor . PRESENTATION BY BARON COOK: Chairman Brian Chaney asked Mr . Faires to give an introduction to what Mr . Cook was presenting . Mr . Faires stated that Mr . Cook did not want to talk about Canterbury Hill per-say, but about the rules and regulations in the City' s Subdivision Ordinance for the ETJ areas. Mr . Faires stated that the council does have the authority to extend the Subdivision Ordinance into the ETJ areas. Mr. Faires also stated that the City Staff and all the City Boards have enforced these rules and regulations . Mr . Cook said the result he is seeking is to get the Subdivision Ordinance amended . I do not have a problem with the Subdivision Ordinance, except when it is governing the ETJ areas . The problem that is arising is that Wylie has a large ETJ and services are not extended out to these areas yet . Today I have property in Branch, if I developed this property, I would have to comply with Wylie' s ETJ rules and yet Wylie can not serve this area. IZ t E N O R A N R U M TO: MEMBERS OF THE PLANNING & ZONING COMMISSION FROM: JAMES JOHNSON, ACTING CITY MANAGERO DATE: JULY 20, 1987 RE: AMENDMENT TO IMPACT FEE ORDINANCE During the recently completed regular session of the Texas Legislature, the Senate and House of Representatives, unanimously approved S. B. 336. Governor Clements has now signed the bill into law with its effective date being upon his signature. This bill (S. B. 366 - Impact Fees) sets forth numerous requirements that now must be met in the development phase of a city that calculates impact fees (or capital recovery fees) that it, or any other political subdivision of Texas may impose. This bill requires that a land use plan be developed by a professional engineer and presented at a public hearing before the Planning and Zoning Commission or a board especially appointed by the City Council. This land use plan must be approved or modified by this board or the P&Z Commission not later than thirty (30) days following the public hearing. Following the approval of the land use plan, a capital improvements plan must be developed and presented in a public hearing before the board or the P&Z Commission for approval or modification. Following the public hearing of the capital improvements plan (CIP) , the board or commission must approve the plan within thirty (30) days. Only then can the political subdivision (the city) calculate and impose impact fees within the city which are based on the board/commission approved land use and capital improvement plans. It is my belief that the City Council will want the Planning and Zoning Commission to be the initial development and planning body of the land use and capital improvements plan. With this in mind, I am requesting that the present impact fee be amended so that the impact fund may be used for these purposes (land use and CIP) . These are only a few of the requirements enumerated in the approximately thirty (30) page bill. The bill provides for severe financial penalties for improper development and application of fees. The bill also requires that All cities and/or other political subdivisions in the state, that have imposed an existing impact or capital recovery, bring their existing fee plan/structure into compliance with S. B. 336 within a three (3) year period. However, the bill provides for financial penalties for certain violations of the bill after one year. Moreover, the bill requires that the entire impact fee process and structure (land use plan, C. I. P. ) be updated and redone at least every three (3) years. More importantly, the bill states that the funding to accomplish these requirements is a legitimate and allowable expense of the impact fund account. The City of Wylie' s present impact ordinance (84-12) does not provide for the payment of services required to bring our e ntire process into compliance with the new law, S. B. 336. I believe, additionally, the City of Wylie is in desperate need for compliance planning effort, as this process did not go far e nough, nor look far enough into the future, in the past. It is apparent that Wylie' s first wave of rapid growth has come and gone, however, I believe another round may be on its way soon. The recently announced relocation of a major industrial manufacturer (Sanden International, U. S. A. ) , an economical recovery for the state and area, and low interest rates, among other factors will lead the way to another growth cycle. Therefore, I would recommend that ordinance 84-12, Section G be amended to allow for the payment of impact funds (if available) to bring the City' s impact fee structure into compliance. Additionally, if funds permit, then their use for future payment of the required services to update the fee structure every three years as mandated in the act. At the current time, I feel that the impact fee being charged in Wylie is not adequate enough to provide sufficient developer' s share of funding for the capital facilities (large sewer collection mains, water storage tanks, water pump stations, and the wastwater (sewer) treatment plant, to name major items) that will be required to provide adequate services. These increased service demands will be required by the continued development of the City. Even though I feel the fee is inadequate and said so as early as December of last year in a water rate study, the City cannot change the fee unless it is done so by the new state law. By amending ordinance 84-12, Section G, so as to allow for the development of a new plan and fee structure through impact fees, we can get started with the compliance process immediately and hopefully have the revised fee structure in place before any accelerated development takes place. After the action by the Planning and Zoning Commission, the ordinance amendment will be taken to Council for action. To accomplish this, I would propose adding "or anv other lawful purpose authorized by state statute or city charter" to Section G, after thereto. A copy of the act (S. B. 336) and present impact ordinance is attached. cc: Roy Faires, Code Enforcement Officer 4 I AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,PROVIDING FOR THE ESTABLISHMENT or BUILDING CONSTRUCTION, ERECTION, ENLARGEMENT, AND ALTERATION PERMIT FEES; ELECTRICAL INSTALLATION PERMIT FEES; PLUMBING INSTALLATION PERMIT FEES; ESTABLISHING DEPOSIT FOR WATER AND SEWER, AND REFUSE SERVICE; ESTABLISHING WATER AND SEWER FEES; ESTABLISHING IMPACT FEES; ESTABLISHING SPECIAL DISTRICT FEES; WATER AND SEWAGE COLLECTION AND TREATMENT RATES; PROVIDING FOR TURNING OFF AND TURNING ON OF WATER FEES; ESTABLISHING A METER REMOVAL AND SETTING FEE; ESTABLISHING A CHARGE FOR TRANSFERRING OF ACCOUNTS; PROVIDING FOR A SERVICE CHARGE FOR RETURNED CHECKS; PROVIDING FOR A 18 PER CENT PENALTY FOR PAST DUE ACCOUNTS; PROVIDING FOR PRO RATA CHARGES I _ FOR WATER AND SEWER; PROVIDING CHARGES FOR REFUSE COLLECTION AND DISPOSAL; PROVIDING FOR PRELIMINARY PLAT FEES, FINAL PLAT FEES AND INSPECTION FEES FOR SUBDIVISIONS; PEDDLER/SOLICITOR FEES;PROVIDING A PENALTY CLAUSE; A SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, The City Council of the City of Wylie, has determined a need to have a consolidated fee and charges ordinance for the City of Wylie, Texas; and WHEREAS, The City of Wylie does not have such a consolidated fee and charges ordinance; and, WHEREAS, the City of Wylie is a rapidly growing community, said growth including additional residential , commercial and industrial developments; and, WHEREAS, the City's water and sewer distribution and collection systems must be expanded to support the additional growth and to meet the standards of the Texas Department of Health and the State Board of Insurance; and, WHEREAS, the water and sewer distribution and collection system requires rehabilitation, emergency repairs and the construction of new facilities to insure safe and efficient systems for existing and future residents of the City; now, THEREFORE, Be It Resolved By The City Council of the City of Wylie, Texas, That: The following fees and charges are adopted by the City Council of the City of Wylie, Texas for the City and outside the City limits where applicable. 1 E. Investigation Fees - Work Without a Permit: a. Investigation - Whenever any work for which a permit is required by this ordinance has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. b. Fee - An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this ordinance. The minimum investigation fee shall be the same as the minimum fee set forth in. Table No. 2-A. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. F. SUBDIVISION DEVELOPMENT INSPECTION FEE A subdivision fee shall be charged each subdivision for inspection in the amount of one (1) percent of the City' s estimates of the costs of the public works utilities and streets of new construction which are to be dedicated to the City of Wylie. Such items shall include, but not be limited to, examples such as, street paving, storm drainage, water and sewer mains and other items designated for conveyance to the City after completion of improvements through the . process of public dedication. These fees shall be paid prior to the start of construction. Whenever any such water meter or sewer tap is installed, in addition to the above, and foregoing water meter installation or sewer tap charge, there is also imposed an impact fee for all future water and sewerage connections to the city water and sewerage system, in order to defray the impact burden thereof on said water and sewerage system of producing, treating, distributing, transmitting or collecting such water and sewerage, and for maintaining all facilities pertaining thereto. The impact charge imposed shall be calculated on the basis of equivalent residential units, as outlined below. A. Definitions, For the purpose of this section, the following words shall have the meaning indicated unless their context clearly requires otherwise. a. EQUIVALENT RESIDENTIAL UNIT (ERU) : A determination of the equivalence of a specific classification of water and/or wastewater connection 11 ir to that of average single family unit in the service area under consideration. Equivalence is determined by the ratio of annual average daily flow from the connection being evaluated to the annual average daily flow from the single family unit used as the base. For the purpose of this definition, two hundred thirty (230) gallons per day per ERU shall be used for water connections and two hundred twenty (220) gallons per day per ERU shall be used for wastewater connections. B. For the purpose of calculating impact charges, the following guidelines apply: a. Each single-family residence served by the City through a single service and/or master connection shall be considered an ERU. b. The number of ERU' s corresponding to a given commercial , industrial , multifamily, mobile home, hospital, nursing home or extended care facility or other establishment, shall be determined on the basis of anticipated annual average daily flow. Anticipated flow shall be determined by evaluation of but not limited to records of water consumptions and flow records for similar connections in the City which have been recorded and maintained in due course of business for no less than one hundred eighty (180 ) days. In the event that accurate flow records or consumption data is not available in order to establish an ERU, the person, firm or corporation may stipulate and agree with the city manager concerning the ERU which should be applied in reference thereto, then said stipulation shall be presented to the City Council by the City Manager for the ratification and approval. C. For each ERU to be served by the water system there shall be a water impact fee of two hundred twenty- five dollars ($225.00) . For each ERU to be served by the sewerage system, there shall be a sewerage impact fee of two hundred seventy-five dollars ($275.00) . D. These impact fees shall be due and payable not later than - or at the time of the issuance of a building permit, water and/or sewer tap requests, or the request for the provisions for water or sewer service and the actual connection to the existing system. These fees may be paid on individual construction projects or by development or phases of development. In the case of extraordinary increased water use or sewer production as determined by a review of the city' s consumption records, such 12 I calculations shall be referred —to as subsequent ql impact fees and shall be due and payable thirty (30) days after written notification is received from the City of Wylie that said fees are due and an explanation provided to the affected customer. E. There shall be at least one primary water meter at each site to measure the flow of water, which is U delivered to such site that is being serviced by the municipal water system in this city; provided, however, if additional meters are installed at any such site at the request of the person, firm or corporation whose water corresponds with such site and if such additional meters are installed to measure the flow of water at said site for irrigational or swimming pool purposes, only one impact fee, based on the total flow from all meters shall be charged , but such person, firm or corporation shall be required to pay a separate water meter charge for each such meter in accordance with the fee schedule hereinabove set forth. F. Water meter installation rates and charges as provided herein shall be reimposed in the event of ' the discontinuance of the water account where such water meter is located and where the water meter has been removed from the premises. However, an impact fee shall be imposed once only, at the time of the ' initial connection onto the water and sewerage system of the city, subject to the following qualifications: ' a. An additional water impact fee in the amount of two hundred and twenty-five dollars • ($225.00) and an ' additional sewerage impact fee in the amount of two hundred seventy-five dollars ($275.00) shall be imposed against any commercial, industrial, hotel, ' motel, multi-family dwelling complex, mobile home park, travel trailer or recreational vehicle park, hospital, nursing home, extended care facility, professional office facility, clinic or similar ' establishment where the same are expanded or otherwise increased in capacity so that the number of ERO 's therein are increased beyond the immediately .pre-existing ERU capacity thereof, as determined by the ERU definition that is set forth in section 23-6 (b) (1) a above, and in accordance with the calculation procedure that is stipulated in section 23-6 (b) (2) b. b. Such additional fees shall be referred to as subsequent impact fees, and shall be paid prior to the issuance of a building permit/sewerage connection permit for any additions to the size and 13 l I capacity of such building (s) , . development, park or complex. c. Subsequent impact fees shall be imposed whether or not a new or replacement water meter is installed due to such expansion, capacity or addition; provided, however, in the event that the customer shall request the replacement of a water meter which U shall increase - the size of the meter which measures the flow of water into any such building (s) , development, park or complex, the cost of such additional or replacement water meter shall be in accordance with the cost schedule that is set forth in section 23-6 (a) . UAll funds received from the impact fee for all future water and sewerage connections, as aforesaid, and all charges thus imposed, heretofore, shall be deposited into the "Water and Sewer System Impact Fund" and shall be expended from that fund only for the purpose of providing for major improvements, ' debt service, expansion, emergency repairs and extending or constructing new additions or replacements to the water and sewer system of this ' city which are required and needed because of the impact upon said water wer system due to such additional connections ' H. Any person, firm or corporation that is subject to the assessment of a water and sewer impact fee may request that the City consider the award of credits ' toward the impact fee for improvements, land or etc. which the person, firm or corporation dedicates to the City without charge, for the purposes of ' improving the overall water distribution and treatment system and/or the sewerage collection and treatment system. ' In such cases, the person, firm or corporation shall submit for consideration, such proposal in advance of the approval for the preliminary plat and such dedication for credit of impact fees shall have an agreed upon value which is negotiated by the person, firm or corporation and the City staff in advance. Following preliminary agreement between the parties such proposal will be submitted to the City Council of the City of Wylie for their approval , amendment or rejection. SECTION 4 - SPECIAL DISTRICT FEES In addition to all other fees, The City Council may designate by Ordinance, certain special districts. These districts shall be formed in order to collect pro-rata fees to off-set 14 ~ ORDINANCE NO. AN ORDINANCE CREATING SPECIAL LIFT STATION DISTRICTS: ESTABLISHING GENERAL PROVISIONS: ESTABLISHING BOUNDARY LINES: ESTABLISHING FEES: AND BETTING GUIDELINES FOR THE COLLECTION OF FEES AND SUBSEQUENT COLLECTION OF FEES: PROVIDING FOR DEVELOPMENT STANDARDS: PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF: PROVIDING FOR THE PUBLICATION OF THE CAPTION: PROVIDING FOR SEVERALBILITY AND THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS; SECTION 1 - GENERAL The City of Wylie is hereby empowered to establish, define and amend sanitary sewer lift station districts for the provision of sanitary sewaqe collection for the current city limits and future expansion within the City 's extraterritorial jurisdiction. These lift station districts shall be provided when, in the opinion of the health, safety and welfare of the citizens of Wylie and those people impacted by such decisions within Wylie 's extraterritorial jurisdiction. These districts shall be established in such a fashion as to make maximum use of existing topographic drainage basins and to provide for a minimum number of eventual lift stations to serve the needs of the City and its ETJ. Districts may be created encompassing land that lies both within the city limits and outside the city limits at the time the district is created. This is necessary in order to insure for proper future planning and maximum utilization. Fees that may be prescribed for a particular district will be collected at the time of development based upon the level of development. Subsequent fees may be charged if eventual development exceeds the initial paid for scope of development. Land area within the ETJ will be assumed to be part of a particular lift station district and fees from such areas shall be due at the time service and annexation is requested' All lift station districts shall be established, unless specifically noted in the creation of such districts, to be based upon a qravity flow system to the City 's lift station. Developers and individuals desiring to connect to the system shall pay their established fee for the district in which their property is designated. The payment of this fee shall entitle the developer/individual to connect to the existinq system at an anticipated flow determined by the development and the payment of the fee. The monies thus collected shall go to the construction, placement, engineering and general provision of the lift station placement, engineering and general provision of the lift station facility and it 's necessary appurtenances. The developer/individual may, in addition, be required to extend a connecting line between his property and the available connection point. Such extension shall be at his own expense and separate from the collection of the lift station fee or any other fee. In addition, some developer/individual may be required to pay the cost of continuinq throuqh their, property a general collection line for the purposes of routing the sewage to the lift station complex. �� -- The City shall keep accruate records of all monies collected and expended for each lift station district. Such monies shall be audited annually as part of the City 's regular audit procedure. The City may use money collected from one district to start, upgrade or complete the lift station in another district in order to respond to a changing aevelopment pattern. In such case, those monies shall be returned to the original lift station district account upon collection as a result of ultimate development. SECTION 2 - COTTONWOOD CREEK LIFT STATION DISTRICT A. There is hereby created a special district for the Purposes of providing sanitary sewage facilities and the construction of a lift station. This district shall be known and referred to as the "Cottonwood Creek Lift Station District. " B. The boundaries of the Cottonwood Creek Lift Station District are established as follows: BEGINNING at the intersection of Akin Lane and Stone Road and proceeding easterly to the intersection of FM 544 extended (W. A. Allen Blvd. ) ; THENCE proceeding southerly along FM 544 to its termination at the corner of Vinson Road: THENCE proceeding along Vinson Road southeasterly to Troy Road then extending to the City of Dallas Lake Ray Hubbard property line; THENCE following the meanders of the City of Dallas Lake Ray Hubbard property line in a general southerly direction crossing Liberty Grove Road and Cottonwood Creek continuing to follow the City of Dallas Lake Ray Hubbard property line until said property line crosses Liberty Grove Road South of Cottonwood Creek: THENCE southwesterly along Liberty Grove Road to its intersection with Elm Grove Road; THENCE northwesterly along Elm Grove Road to the intersection of said road with Whitely Road; THENCE northeasterly along Whitely road to the intersection of said road with Wells Road: THENCE northwesterly along Wells Road to the intersection of said road with Pleasant Valley Road: THENCE northeasterly along Pleasant Valley Road and the curve to the northwest and then along said road northwesterly to its intersection with South Ballard (Old Sachse Road) ; THENCE northerly along South Ballard to the south Property line of the Wylie Independent School District property; THENCE easterly along the south property line of the Wylie Independent School District to the southeast property corner which is also in the west property line of the Wylie Park: THENCE northerly along the east property line of the Wylie Independent School District and continuing along the western edge of Thomas Street to an intersection with Stone Road: � � � THENCE along Stone Road in an easterly direction to the Point of Beginning at the intersection of Stone Road with Akin Lane. Borders of the above described district may be amended in order to facilitate the extension of services or to exclude service to a particular parcel of property contained within the above mentioned area. Such additions or deletions may be accomplished by amending the boundary line or by specific notation as to the property or properties added or deleted. 1 . Additions to original district. a. ) None 2. Deletions to original district. a. ) None C. FEE FOR DISTRICT The estimated cost of providing a lift station for the Cottonwood Creek Lift Station District is $10, 143, 000. 00. This estimate is based on 1987 dollars and therefore. the City will retain any interest earned or overages collected in order to defray any cost of inflation. This estimated cost divided by the anticipated normal density of four (4) units per acre results in a per unit fee at the time of connection of $875. 00 per dwelling unit. Subsequent development after initial connection will be required to pay additional fees relative to increased usage. Commercial users will be charged equivalent dwelling unit fees based on an anticipated generation or subsequent production of two hundred thirty (2.30) gallons of sewage per day average. This calculation shall be made in the same manner as outlined in the City of Wylie Impact Fee Ordinance and shall use the same tables and schedules for computation. SECTION 3 - PENALTY Any person, firm, corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine of not less than $1 . 00 nor more than $200. 00. SECTION 4 - SEVERABILITY All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are superseded by this ordinance. All other parts of such ordinances are not repealed. It is declared to be the intention of the City Council that the sections, paragraphs. sentences. clauses and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . J.-A) SECTION 5 - EFFECTIVE DATE This ordinance shall become effective upon it publication in a newspaper of qeneral circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS, THIS THE DAY OF - 1987' Charles T. Trimble, Mayor ATTEST: Carolyn Jones, City Secretary '�� trod'In F 1 s • I CC� / —_ -, a - A ,SAHT HAIL f36A• I! ., L. Parka Iz ATC i •. _-_ I N .Imo• L airs more -- r—J �),y' a 'Rd - I ind,«Or RT L OP I / L-—J Lin A igir I:Airlift... T1ON *4: —- t' ' M �L Y Devonshire Y T TAN. lir 4'• x .�'^'14 �' J .HOOT ,��F,tl � Ts$u-y� p��_ ,, (I, �� Las uwn+ � Dalw Ds Q g ,Tit ■ :• LaWo. ,9ersM.� EMP eR pp- d _ - ' Old 7$ ; CR-3B2 —.—J Slaw Rd -a ww I. •' �iF 8116 MIf� iJ.�Mash Lt - L-s .-sln ill DR-3d3 'LIE ITV I � �IAI L$, �: • eh Dr I`■ la lA Zigila ,. pr Gy. a` ,/I� CEMEA' • ' Md't pr �( I g CELiljl RY ,se , •iie F. or lA I w _ CR•733 ((----- 1 (` RFC' MAN[Q� �1 • �•i3 F �ci3Ooe L — — �• SC F r�i ►miiii nnl fr" d F oye F :r::�LHI1 __ Lis ' ■�„�" •�WIaMUNITY Nam I��- 1 T a rw„ — ///� F SPITAI -+ '� ��. MIDDLE H • L`slow w " 'SCHOOL Sc r DL \ 0 I� Or �WYU \\ Vrtk,ry Ln CR-455 I I .- !Si � COMMUNITY i ' ` 11 r �RI� 5 ,_i PARK �\ I r y \ ' - Modems DE I —J I Tarim I I g \ / Len(p� I t , L „Lis . t aosA Twin Oaks Dr' -1 _ 11 WYl E I: i i DR-731 / a gw g lr ll SEWAGE i ✓1 /WPCs,. PLAN' I c I I Id wlnp Point Rd 1r7 unm—` 1 --- I 1: Callon 0r ::\‘'. - Ph,asant livn� 1 >- I• M,adoss/aA Le I I • I _ -III \f` ' Ir IS ..aR,t Rdc, ICFI 3�1 I CA-871 u \ x o� --) / Willow&I . �� ' to .1 /. 1 , ..,..,. Elm Rd I 5 i ,`� i;14,. . / L 7 // `� / I '\.-T Wood •• Cl / I i: 1:I'•',,A :AI.I,t \ / Ailliall11116 ' Li S e �i �'�' //' �, �+ COTTONWOOD 5+"� " / 9�cq- �% Pp �r0 CEMETERY '*oo -• H,11 Noon Dr �r I �.•''RI 41 > ' RAY �°' .,,,, F,1l 0 C Ab. I`� I '.% r�s 41 HUBBARD 5 IS.‘ g `1 wl Nc i 4o'�, L / , \, S. I ` , • ,—�/ STREET MAP 1 • �� WYLIE, TEXAS r;' LEGEND ( .... INTERSATE 1' _VUVIDEDTHWYSWYS �.. I .. U.S.HWT'S I STATE YS I_ -a,4i� - HWFARM TO MARKET ROAD 4p` IVIDHRU D T R CONNECTING ST. W _ DIVIDED THRU ST. -- �dL' .. - a.. - STREET (� DIVIDED ST. • . . ROWLETT '' n.j7- • COPYRIGHT Q,SBG �\ • = G • - H I MEMORANDUM DATE: LDS/ 7 /98 7 TO: James Johnson, Interim City Manager FROM: Ron Homeyer, Asst. City Engineer SUBJECT: Plat and/or Plans Approval Ai&/PP,'r 11 ‹ The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. ❑ Preliminary Flat to Planning and Zoning OPreliminary Flat to City Council ❑ Final Flat to Planning and Zoning ❑ Final Plat to City Council ❑ Construction Flans to City Council for construction approval only ❑'Final Flat to City Council for subdivision acceptance along with final inspection statement COMMENTS: RH/am cc: Public Works Director Code Enforcement Officer Subdivision File ..- Chronological File _ MEMORANDUM DATE: Auqust 7. 1987 TO: James Johnson. Interim Citv Manaqer, FROM:Ron Homeyer. E. I . T. . Asst. Citv Enqineer SUBJECT:Newport Harbor Water Line Oversizinq Cost The Citv of Wylie Engineering Department had requested that Mr. Baron Cook of Thirteen Seventy-Eiqht Development Corporation oversize the water lines within his development in order to accomadate future water needs of the northwest region of Wylie. These water lines have been installed as requested and have passed all of the tests required by the Subdivision Ordinance. I : therefore. recommend their acceptance bv the City Council . The additional cost associated with the over-sizing, as represented by the submitted cost itemization. is in the amount of $93, 420. 30. This cost differential appears to be reasonable: therefore. I recommend that Thirteen Seventy-Eiqht Development Corporation be reimbursed from the Impact Fund for the above referenced amount. CITY OF WYLIE RECOMMENDATION FOR APPROVAL AND ACCEPTANCE OF SUBDIVISION CONSTRUCTION OR OTHER CONSTRUCTION Project Name and Location Newport Harbor Date Started: 2-1-87 Date Completed: 8-5-87 Lab and Other Tests: Streets: Good Alleys: Good Water Lines: TTsted' Good Sewer Lines: TestedGood _ Manholes: Good Drainage: Storm Sewer: Good Fees Paid: AiLEees .P_aid Maintenance Bonds Filed: We the under sign recommend the ac ptance of the project construction which has been done 17 ac o -d nce with the requirements of the City of Wylie. Q �f Subdivision Inspector _ (J /�J-g gn Date City Engineer 1 i ai '- "? Sign Date Accepted by City Council Date: 19 Final Inspection Prior to ( 1 ) year Date: 19 Signed: Remarks: Date of Notification 19 Person or Persons Notified OVERSIZE COSTS: ITEM QUANTITY UNIT PRICE DEVELOPER COST DIFFERENCE 24" D.I. Pipe 120 L.F. 40.88 9.08 31.80 18" D.I. Pipe 2065 L.F. 37.42 9.08 28.34 16" D.I. Pipe 190 L.F. 34.32 9.08 25.24 14" D.I. Pipe 360 L.F. 27. 19 9.08 18. 11 12" P.V.C. Pipe 450 L.F. 15.82 9.08 6.74 18" Valve 1 Each 1918.00 435.00 1483.00 16" Valve 4 Each 1583.00 435.00 1148.00 14" Valve 1 Each 1247.00 435.00 812.00 12" Valve 1 Each 747.00 435.00 312.00 Air Relief Valve 1 Each 1010.00 .00 1010.00 10" Sewer 420 L.F. 14.67 10. 17 4.50 6" Wet Well 1 Each 3200.00 1330.00 1870.00 Oversize Construction Cost $88,655.30 Engineering Cost $4,765.00 Total $93,420.30 MEMORANDUM TO: MAYOR AND COUNCIL FROM: JAMES JOHNSON, ACTING CITY MANAGE,.: RE: ITEM #12 DATE: AUGUST 7 , 1987 Draw #9 - This draw has been reviewed by the project manager, Mr . Faires, and staff finds it in order and recommends approval of $224 ,699.64 . • b; C rate 1 ,. CORPORATION DATE INTORNATlONAL NATIONAL OFFICES I N VO I C E N V;v1 E R P. O. Box 15580 3555 FORT WORTH, TEXAS 76119 Local 478-1137 Metro 572-0351 PLEASE DETACH AND RETURN WITH YOUR REMITTANCE. NET 10 DAYS S DESCRIPTION .l'T DUE -r. 224 - -�. .1�Si�. -.�. ..'.-f is �'. ��.^?7i64 NET :AYS, SPEED FAB-CRETE PAY LAST AMOUNT driieUgi *Oaf INTHISCOLUMN CORPORATION INTERNATIONAL CUSTOMER COPY APPLICATION AND CERTIFICATE FOR PAYMENT AR DOCUMENT 6702 TO (OWNER): CITY OF WYLIE PROJECT: CITY OF WYLIE MUNICIPAL COMPLEX APPLICATION NO: 49 Distribution to: 114 N. BALLARD 0 OWNER WYLIE, TEXAS 75098 PERIOD TO: 08/01/87 0 ARCHITECT 0 CONTRACTOR FROM(CONTRACTOR): SPEED FAB-CRETE CORP VIA(ARCHITECT): LEE STUART ASSOCIATES ARCHITECT'S 0 1150 E. MANSFIELD HWY, P.O. BOX 15580 PROJECT NO: 46U403 0 FORT WORTH, TEXAS 76119 CONTRACT FOR: CITY MUNICIPAL COMPLEX CONTRACT DATE: 9/05/86 Application is made for Payment, as shown below, in connection with the Contract. CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ 1,734,838.001 Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ _'1,790.00t previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ 1,756,628.00 TOTAL 4. TOTAL COMPLETED&STORED TO DATE $ 1,381,276.47 Approved this Month Number Date Approved 5. RETAINAGE: a.lOX % of Completed Work $ 138,327.65 #1 3/6/87 6,842.00 b. % of Stored Material $ #2 5/20/87 14,948.00 Total Retainage(Line 5a + 5b or TOTALS 21,790.00 Total in Column 1 $ 138,327.65 Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE $ 1,244,948.82 The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total) information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ 1,020,249.18 paid by the Contractor for Work for which previous Certificates for Payment were 8. CURRENT PAYMENT DUE $ 224,699.64 issued and payments received from the Owner, and that current payment shown 9 BALANCE TO FINISH, PLUS RETAINAGE $ 511,679.18 herein is now due. (Line 3 less Line 6) SPEED FAB CRETE CORPORATION, INT'L CONTRACTOR: State of: County of: Subscribed and sworn to before me this day of ,19 Notary Public: • By: ate: My Commission expires: A CHITECT'S CERTIFICATE FOR PAYMENT AMOUNTtachCERTIFIED nation $ _ (Attach ex lanation ' mount jine__fers from the amount apple for.) ARC FITECT:In accordance with the Contract Documents, based on on-site observations and the , �` 8 data comprising the above application, the Architect certifies to the Owner that to the s7 best of the Architect's knowledge, information and belief the Work has progressed as • Date: indicated, the quality of the Work is in accordance with the Contract Documents, and This Certific is not negotiable. T OUNT CERTIFIED is pa a only to the the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner ar Contractor under this Contract. I X1 AIA DOCUMENT 6702A X CONTINUATION SHEET CITY OF WYLIE PAGE I OF PAGES APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: #9 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: #60903 WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH A B C Applications Application F G(D+E+F) % H(C-G) I D E SITE WORK 58,564.00 58,564.00 0.00 58,564.00 100% 0.00 TEMP SERVICES 4,500.00 3,375.00 450.00 3,825.00 857. 675.00 ARCHITECT DRAWINGS 6,050.00 6,050.00 0.00 6,050.00 100X 0.00 SHOP DRAWINGS 15,500.00 15,500.00 0.00 15,500.00 100% 0.00 ENG. STAMP 1,000.00 1,000.00 0.00 1,000.00 100X 0.00 FOUNDATION WORK 107,545.00 107,545.00 0.00 107,545.00 100X 0.00 PIERS 25,245.00 25,245.00 0.000 25,245.00 1007. 0.00 CONCRETE WORK 333,429.000 53,348.64 110,031.57 163,380.21 497. 170,048.79 STRIPING 1,200.00 0.00 0.00 0.00 07. 1,200.00 PRECAST WORK 210,163.00 210,163.00 0.00 210,163.00 100X 0.00 WYLIE SIGN 14,000.00 0.00 0.00 0.00 0X 14,000.00 JOINT/WALL TREATMENT 8,575.00 0,575.00 0.00 8,575.00 100% 0.00 4Z*.......- JOIST/GIRDER/DECK 82,198.00 82,198,00 0.00 82,198.00 100X 0.00 BUILT UP ROOF 85,488.00 65,488.00 0.00 85,488.00 100X 0.00 SPRINKLER SYSTEM 39,060.00 37,888.20 0.00 37,888.20 97X 1,171.80 GLASS/DOORS-WINDOWS 33,612.00 32,939.76 336.12 33,275.88 99X 336.12 DRIVE THROUGH WINDOW 4,918.00 0.00 0.00 0.00 07. 4,918.00 INTERIOR/WOOD DOORS 36,804.00 0.00 18,402.00 18,402.00 50X 18,402.00 DRYWALL & CEILING 143,244.00 107,433.00 21,486.60 128,919.60 907. 14,324.40 FLOORING 35,660.00 0.00 11,767.80 11,767.80 33% 23,892.20 PAINTING 11,998.00 1,799.70 7,558.74 9,358.44 78% 2,639.56 CARPENTRY 4,220.00 844.00 2,954.00 3,798.00 90X 422.00 PLUMBING 78,792.00 55,942.32 0.00 55,942.32 71% 22,849.68 ELECTRICAL 99,334.00 49,667.00 34,766.90 84,433.90 857. 14,900.10 A-C/HEATING 90,000.00 67,500.00 0.00 67,500.00 757. 22,500.000 FLAG POLE 7,751.00 0,00 0.00 0.00 0% 7,751.00 JAIL EQUIPMENT 63,530.00 0.00 30,494.40 30,494.40 487. 33,035.60 TOLIET ACCESSORIES 11,591.00 0.00 0.00 0.00 0;: 11,591.00 CLEAN UP 5,100.000 1,530.00 1,020.00 2,550.00 507, 2,550.00 SUPERINTENDENT 30,000.00 21,000.00 4,500.00 25,500.00 85% 4,500.00 SUB TOTAL OR TOTAL CONTINUATION SHEET PAGE OF PAGES APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCK!TECT'S PROJECT NO: WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINACE No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH A B C Applications Application F G(D+E+F) �O H(C—G) I D E PERFORMANCE BOND 19,327,00 19,327.00 0.00 19,327.00 100X 0.00 INSURANCE 66,440.00 66,440.00 0.00 66,440.00 100''/. 0.00 C/O kl 6,842.00 6,773.58 68.42 6,842.00 100X 0.00 C/O k2 14,948.00 7,474.00 5,829.72 13,303.72 89Y. 1,644.28 L....N3 SUB TOTAL OR TOTAL 1,756,628.00 1,133,610.20 249,666.27 1,383,276.47 373,351.53 MEMORANDUM DATE:E: August 5. 1967 0: James Johnson. Interim City Manager FROM: Ron Homever, E. I . T. . Asst. City Engineer SUBJECT: Norte;: Ground Storage Final Payment The yard piping. Pump building. meter vault and fence installation at the above referenced project have been completed in accordance with the contract documents. In addition to the original work that was included in the contract. an additional work item was added to the project in which the existing 12" water line in the Westgate _Subdivision was connected to the yard piping. The cost associated with the 12" water line is as follows: 1 EA Install Valves $100. 00 EA $100. 00 4 EA Install Fittings_ $100. 00 EA $400. 00 52 LF Install 12" PVC Pipe $ 6. 00 LF $312. 00 TOTAL $612. 00 In addition to the 12" water line connection. one field adjustment was necessary to allow for an existing condition in the project site. The cost associated with this field adjustment is as follows: 2 EA Install Fittings $100. 00 EA $200. 00 24 LF Install 14" D. I . Pipe $ 6. 00 LF $144. 00 TOTAL $344. 00 The original contract amount is in the amount of $45. 557. 00. of which $28. 185. 70 has been paid to date. This leaves the amount of $1 7, 3 71 . =0 to be paid to Tim Dawson Construction with this final draw to complete payment of the original contract amount. In addition to this amount. $1 . 156. 00 is due for payment of the additional work completed with the project. Tnerefore, I recommend that $18. 527. 30 be paid to Tim Dawson Construction for the completion of the Norte:: Ground Storage Site project. MEMORANDUM TO: MAYOR AND COUNCIL FROM: JAMES JOHNSON, ACTING CITY MANAGER( RE: ITEM #14 /�/ DATE: AUGUST 7 , 1987 At the July 28th meeting , the City Council approved establishing a line of credit at the First STate Bank of $200 ,000.00 . Since that time, I have had Scott Hatfield, C.P.A. , of Doll, Karahal , & Co. , the City' s auditors, look at the City' s financial statements and cash flow reports. He has assembled a report and I will present it to the Council this evening as to their projections of the City' s cash flow needs through the end of the fiscal year. I expect his report to be gloomier than mine, but I hope not. This draw will be used to meet payroll and payables this month in the General Fund. The interest rate with First State Bank is 8% and they have notified us that we can have up to 12 months to repay, which I think will not be necessary.