02-24-1987 (City Council) Agenda Packet AGENDA SUMMARY
CITY COUNCIL
TUESDAY, FEBRUARY 24, 1987
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections.
ITEM NO. 2 - SET RECALL ELECTION FOR RECALL OF COUNCILPERSON
SANDRA DONOVAN FOR APRIL 4, 1987 - This item was requested
by Richard B. Seward, Attorney at Law, acting for the
Citizen for Wylie Committee.
ITEM NO. 3 - CALL FOR SPECIAL MEETING WITH BFI - Recently,
members of the City staff , including Larry Jackson, City
Attorney, met with Tom Replogle, Area Representative for BFI
and their legal counsel , Rich Freed. BFI is anxious to have
a settlement in the matter of the landfill lease and to have
their rate increase implemented. They have requested this
special meeting for a workshop-public hearing to settle the
matter . March 17 was the date requested by them. It
appears they are ready to come to a reasonable settlement we
can both live with. The public hearings are required by
state statute for the rate hearings and by our Charter for
the franchise hearing. The original franchise contract was
written to include certain provisions regarding the
landfill , that provision will need to be revised. You will
be pleased to hear that they have agreed to our $25,000
figure.
ITEM NO. 4 - PUBLIC HEARING ON REZONING OF PORTIONS OF
WESTGATE I - The petitioner has asked for a rezoning of the
townhome portion of Westgate I to SF3 . This will, of
course, reduce the density in this area , which is usually an
attractive alternative. Area builders are finding townhome
and duplex lots difficult to market and this type of
rezoning has become a trend with the builders. The P&Z
heard this petition at their meeting on February 19 and
recommend your approval .
ITEM NO. 5 APPROVE ZONING ORDINANCE FOR WESTGATE I - No
additional comments.
ITEM NO. 6 APPROVE ORDINANCE CONTROLLING CONSTRUCTION IN
FLOOD PLAIN AREAS - The approval of this ordinance is
necessary in order for the City to retain its position on
the National Flood Insurance Program administrered by FEMA.
We have had one of these ordinances in the past. This one
is merely an updated version.
ITEM NO. 7 - PRESENTATION BY B.H. HARTMAN CONCERNING ALLEY
BETWEEN BRIARWOOD AND DOGWOOD - Mr . Hartman is the man whom
you will recall has suffered the damage to his automobile on
a pothole in the alley between Dogwood and Briarwood. It is
Mr . Hartman' s opinion that it is our fault and we ought to
pay for the damages. The insurance adjuster does not agree.
The damage is some $700 thus beyond my level of
authorization so Mr . Hartman chooses to present his
grievance to the City Council . The information enclosed as
an insert in your packet , will provide backup for your
decision and Mr. Johnson, who has dealt with this matter
since its occurrence, can be questioned about the series of
events.
ITEM NO. 8 - CITIZEN PARTICIPATION - Not an appropriate area
for staff comment .
ITEM NO. 9 - APPROVE AMENDMENT TO WYNDHAM ESTATES PLANNED
DEVELOPMENT PORTION - The requested amendment on this plat
is minor. The developer indicated on the plat the building
line of these "0" lot line houses. The builder who wants to
buy these lots has asked that the building line be placed on
1
the opposite lot line so that the window side of the
structure will not be facing an alley on lots 5B, 12A, 2A
and 16B. You will recall , that the restrictions placed on
the "0" lot line houses required that no windows be included
on the "0" line. The P&Z heard this petition at their
meeting held on February 19 and recommend your approval .
The P&Z approved this action by having lots 5B and 12A
offset two feet from the property line on the alley side and
granted a minimum of eight foot building line on the none
"0" lot line side.
ITEM NO. 10 - APPROVE CONSTRUCTION PLANS FOR NEWPORT HARBOR
The engineering department has reviewed these plans and have
recommended your approval . A representative of the
Engineering Dept . will be present at the meeting to answer
any questions you may have. This subdivision was previously
known to us as Crescent Cove and was approved as a
preliminary plat at the time of the Crescent Cove joint
venture partnership. That partnership has now dissolved and
the developer, Baron Cook, has renamed this section and is
anxious to start things moving again. The preliminary plat
was re-approved a one of your recent meetings. The P&Z
reviewed these plans at their meeting on February 19 and
recommend your approval . The only change from the original
was that the P&Z authorized the reduction of a 37 ft street
to a 27 ft street but retaining a 65 ft right-of-way on an
east-west road through the subdivision. The original 37 ft
street had been required in order to connect one of Mr .
Moussa' s "proposed" thoroughfares . Since these
thoroughfares may never exist, there is little reason to
demand that our developer put in a collector that goes to
it. In any case, there is another collector plan just a few
hundred feet south. Since this one appears to have so
little value, the P&Z authorized its return to 27 ft width.
ITEM NO. 11 - APPROVE PRELIMINARY PLAT FOR WOODLAKE VILLAGE
This subdivision is located on the north side of SH78
adjacent to the new Municipal Complex. Their are some
preliminary remarks from the City Engineer included in your
packet . Additional comments will be made available to you
at your meeting on Tuesday night. The developer, Baron
Cook, is working with the City to bring the water line out
to this site. There are some questions that the Engineering
Dept . has relative to storm drainage that must be worked
out. Engineers for both sides are meeting together to
resolve this problem. The P&Z reviewed this plat at their
meeting on February 19 , and recommend your approval .
ITEM NO. 12 - APPROVAL OF REPLAT OF AKIN LANE - This is a
matter that has been of concern to the City for some time.
A resolution has been elusive until recently when we felt we
were close. However, after a meeting between our
engineering staff members and affected residents in the
area, it looked as if any solution was going to have to come
from some alternate means. Included in your packet are some
of the proposals for alternate solutions. On pages 64-71
are memos and correspondence, etc. related to this matter
for your review. In summary, at the P&Z meeting on February
19 , Mr . Cooper withdrew his demands except for the one
concerning the retaining wall , of which the staff was always
in favor . The staff will be prepared at the meeting to make
a presentation and/or answer any questions you may have.
ITEM NO. 13 - AUTHORIZATION TO SIGN TEMPORARY LEASE ON
SOUTHSIDE PORTION OF QUAIL HOLLOW - The staff has long been
aware of the need for additional playing fields,
particularly for soccer and football. We contacted two
property owners, Mr. Dave Williams of Quail Hollow and Wylie
141 , Inc. , owners of a tract of land on FM1378 and asked if
it would be possible to lease their undeveloped land, on a
temporary basis for this intended use. We explained we did
not intend to erect any permanent structures and could
2
vacate in a short time when the land was scheduled for
another use. We have had a reply from Mr. Williams
graciously offering to allow the City to use his property,
free of charge. His only stipulation was that the property
be left cleaned up and that we accept all liability. With
you approval , we can accept this generous offer and very
soon have additional playing fields for the soccer and
football leagues in town. Our costs would be for bleachers
and goals only that could be moved from temporary leased
location to temporary leased location until the City
established permanent sites of its own. Through this
approach, we could reasonably provide a service that is
becoming more and more in demand.
ITEM NO. 14 - AWARD BID FOR 3/4 TON PICKUP FOR PARKS - Bids
were received and opened on February 17 , 1987 . Mr . Windham,
Director of Public Works, recommends the acceptance of the
bid from Bob Tomes Ford of McKinney, for $12 ,000 .00 . Mr.
Windham' s memo can be found on page 77 of your packet.
ITEM NO. 15 - AWARD BID FOR PUBLIC WORKS INVENTORY SUPPLY
Bids were received and opened on February 17 , 1987 . At the
time this summary was being written a breakdown and
recommendation were being prepared by the Finance Dept. and
will be inserted with this packet .
ITEM NO. 16 - AUTHORIZATION TO SEEK BIDS FOR LANDFILL DIRT
WORK - The staff requests your authorization to begin to
work up the information and seek bids for the dirt work
necessary on the old City landfill . Now that we have the
BFI settlement in sight, it is to our advantage to proceed
with the dirt work which will close the landfill as well as
prepare it for its future use. This action will go a long
way to satisfy the complaints that have been lodged by the
Health Dept. by our not having yet accomplished "final"
closure.
ITEM NO. 17 - COUNCIL DISCUSSION - Not an appropriate area
for staff comment .
ITEM NO. 18 - AUTHORIZATION TO USE BUDGET ALLOCATION FOR NEW
PICKUPS TO BUY USED PICKUPS - In the approved budget for
1986-87 , there were monies set aside for the purchase of
three pickups and one jeep for meter reading . We have
awarded the bid on one new pickup in Item No. 14 of this
agenda. That leaves some $24000 in the budget for the other
two pickups. Based upon a survey of Public Works needs,
those additional two new pickups would leave us at least
three trucks short. Therefore, the staff requests
permission to use those dollars allocated in the budget to
purchase used pickups. It is our belief that we can obtain
good used work type trucks for somewhere in the $4-5000
range that will go further toward solving the problem than
buying two new pickups .
ITEM NO. 19 - APPROVAL OF ORDINANCE CREATING CITY OF WYLIE
PROPERTY FINANCE AUTHORITY, INC. - At the time the summary
ws being prepared, the final draft of the Ordinance had not
been received. We are; however, including a draft of the
ordinance, which is being amended . Mr. Bob Dransfield of
Hutchison Price Boyle & Brooks together with Mr. David
Medanich will make the presentation at your meeting on
Tuesday night .
3
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AGENDA O0�/7
REGULAR MEETING CITY COUNCIL
CITY OF WYLIE, TEXAS
TUESDAY, FEBRUARY 24, 1987
7:00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
INVOCATION
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
COUNCIL BUSINESS
1 1-30 Consider approval of minutes.
2 31-34 Consider setting of recall election
for the recall of Councilperson
Sandra Donovan to be held on April
4 , 1987. (Agenda request item -
Richard B. Seward)
3 Consider calling for special
meeting on March 17 , 1987 for work
session, public hearing and lease
settlement on sanitary landfill
with B.F. I .
PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS
4 35-37 Conduct PUBLIC HEARING on request
for rezoning of SF-A (townhome)
portions of Westgate I to SF3
(single family) .
5 38-41 Consider approval of zoning
ordinance changing SF-A portions of
Westgate I to SF3.
6 42-58 Consider approval of ordinance to
control construction in areas in
Wylie and the ETJ subject to
flooding .
GENERAL DISCUSSION
7 59 Consider presentation concerning
condition of alley between
Briarwood and Dogwood and vehicle
damage. (Agenda request item - B.H.
Hartman. )
8 Citizen Participation.
NEW BUSINESS
9 60 Consider approval of amendment to
Wyndham Estates Planned
Development.
10 61 Consider approval of construction
plans for Newport Harbor
(previously known as Crescent
Cove) .
11 62-63 Consider approval of preliminary
plat for Woodklake Village located
on E SH78 , adjacent to new
Municipal Building.
1
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
12 64-71 Consider approval of replat of Akin
Lane.
13 72-75 Consider authorization for City
Manager to execute temporary lease
agreement between City of Wylie and
Dave Williams for undeveloped
portion of Quail Hollow located on
the southside of Stone Road to be
used as temporary athletic fields.
14 76-77 Consider award of bid for 3/4 ton
pickup truck for Parks Dept.
15 insert Consider award of bid for Public
Works inventory supply.
16 Consider authorization to seek bids
for landfill dirt work.
GENERAL DISCUSSION
17 Council Discussion.
FINANCIAL CONSIDERATIONS
18 oral Authorization to use budget
allocation for two (2) new pickup
trucks to buy used pickup trucks.
19 insert Consider approval of ordinance
creating City of Wylie Property
Finance Authority, Inc.
20 ADJOURN
2
CITY COUNCIL MEETING
MINUTES
JANUARY 27, 19B7
7:00 P. M.
The Wylie City Council met in regular session Tuesday,
January 27, 1987 at 7: 00 P. M. in the Wylie Community Room.
A quorum was present and notice of the meeting had bsen
posted for the time and in the manner required by law.
Those present were Mayor Chuck Trimble, Mayor Pro Tem Joe
Fulgham, Council Members Calvin Westerhof , Sandra Donovan,
and Kent Crane, City Manager Gus Pappas, City SecreLary
Carolyn Jones, Code Enforcement Officer Roy Faires, Acting
Public Works Director Kenneth Moelling, Finance Director
James Johnson, I . W. Santry of the Engineering Department .
Councilman Martin was out of town.
Mayor Trimble called the meeting to order and gave the
invocation .
Minutes bei:g submitted for approval
are for the meetings of January 10th, 13th, 14th, and 19th,
1987. Councilwoman Donovan corrected the motion that was
made on the January 131th meeting in regards to busincsses
serving alcoholic beverages as follows: Section 4. 1 to omit
the portion "operation for at least six months prior to
December 31st calendar year" . Motion was made by
Councilwoman Donovan to approve the minutes of the 'January
10th , 14th, and 19th as submitted and approve the January
1Vth with the above correction. Seconded by Mayor Pro lem
Fulgham. Tne vote was as follows: Mayor Trimble - in
favor, Mayor Pro Tem Fulgham - in favor, Councilman
Westerhof - in favor , Councilman Crane - in favor , and
Councilwoman Donova// - in favor. This motion carried with
All in favor .
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Wyl=IE�_ This item is brought to Council at the request of
Agnes Dempsey of Wylie and is for the Rockwall Chapter ,
Daughters of the American Revolution. Motion was made by
Mayor Pro Tem Fulgham to approve and sign proclamation for
February, 1987 as American History Month in Wylie. Seconded
by Councilman Westerhof . The vote was as follows: Mayor
Trimble - in favor , Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Crane - in
favor , and Councilwoman Donovan - in favor . This motion
carried with all in favor.
CALL
987g This is a formal action that is qeeded b .
Council in order to conduct the April 4th election. Motion
was made by Mayor Pro Tem Fulgham to approve the call No;--
the general election to elect Council Places 1 , 3, and 5 on
April 4, 1987. Councilwoman Donovan said she had questions
on election procedures, and would like to have a discussion
on these procedures at a work session. The above motion was
seconded by Councilwoman Donovan . The vote was as follows:
Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor ,
Councilman Westerhof - in favor , Councilman Crane - io
favor, and Councilwoman Donovan - in favor . [his motion
carried with all in favor.
Mayor Pro Tem Fulgham said he did not mind discussion these
procedures at this time. There was no other comment .
Councilwoman Donovan said in checking with other , it was the
duty of the council to appoint the judge and alternate judge
for the election. There are things staff is doing, that
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should be done by council . Councilwoman Donovan said there
is a meeting on Feb. 12th that we should all attend.
City Manager Gus Pappas said staff has always known that
Council does make the final decision . The staff just puts a
list of names together for your approval ,.
Mayor Pro Ten Fulgham said he understood this but he had
rather staff do it because he does not think this Council
can come up with the list,
After some discussion, there was a work session set for
Fcbruary 3, 1987 at 6: 30 P. M. on the election crew.
This briefing session has
been held for the past three yvars to brief candidates on
budget, city programs and etc and to answer any question�
they may have. The council needs to grant permission to the
City Manager for him to hold this briefing session. Motion
was made by Councilman Westerhof to approve the candidates
briefing on Saturday, February 21 , 1987. Seconded by
Councilwoman Donovan. The vote was as follows: Mayor
Trimble - in favor , Mayor Pro Tem hulgham - in favor ,
Councilman Westerhof - in favor , Councilman Crane - in
favor , and Councilwoman Donovan - in favor . This motion
carried with all in favor .
APPOINTMENT
GoverHments has askail—he council to appoint someone to W:
the voting representative. This vote is usually done by
mail . Motion was made by Mayor Pro Wm Fulgham to appoinv�
Councilman Westerhof as the voting representative to North
Central Texas Council of Governments. Seconded by
Councilman Crane. The vote was as follows: Mayor Trimble -
in favor, Mayor Pro Tam Fulgham - in favor, Councilman
Westerhof - in favor, Councilman Crane - in favor, and
Councilwoman Donovan - in favor. This motion carried with
all in favor .
C 1 T.Y...,51REE1Q, City Manager Gus Pappas stated that the
existing ordinance was old and very small and gave people
two (2) days to remove the debris. Staff is asking the time
be four (4) hours to have debris cleaned up. Councilman
Westerhof wanted to know if this would also take care of
construction sites. City Manager Gus Pappas said if it was
a new subdivision that had been accepted by Council , then
yes, but if the strcets had not been accepted it wouid be
no. Motion was made by Mayor Pro Tam Fulgham to approve
ordinance regulating the leaving of debris on City Streets.
Seconded by Councilman Westerhof . The vote was as fol1owst
Mayor Trimble - in favor, Mayor Pro Tam Fulgham - in favor ,
Councilman Westerhof in favor, Councilman Crane - in
favor , and Councilwoman Donovan - in favor . This motion
carried with all in favor .
This ordinaTT—A Rjought before Council at the request ol+`
Councilwoman Donovan at the work session. This ordinance
will regulate or prohibit smoking during public meetings of
boards and commissions of the City. Mayor Pro Tem Fulgham
also asked that item 13 be discussed at this time. Mayor
Pro Tam Fulgham saio to use a purifier with a filter that
would pull the smoke out of the room and into the filter .
Mr. James Johnson said for it to work it would need to be
connected with the air system. If you don` t have a return
air on it, it will not work as well . Councilwoman Donovan
said she has done some study on this, but she would like for
the Council to go ahead with this ordinance. A lot of
,�
companies are going to no smoking work areas and having
designated areas for smoking. Motion was made by
Councilwoman Donovan to approve the ordinance establishing
"No Smoking" regulations during open public meetings of the
City Boards and Commissions. Seconded by Councilman
Westerhof . The vote was as follows: Mayor lrimble in
favor, Mayor Pro Tem Fulgham - in favor , Councilman
Westerhof - in favor , Councilman Crane - in favor , and
Councilwoman Donovan - in favor . This motion carried with
all in favor .
This ordinance is
presented to the Council and recommended for approva1 by a
joint meeting of the Planning and Zoning and Parks and
Recreation Boards. Both boards have studied this ordinance
and the present edition has undergone several changes.
Staff also recommends approval of this ordinance. Mr . Roy
Faires stated that work began on this ordinance
approximately six (6) months ago. Staff has checked and
does know that College Station after a lot of research
passed such an ordinance. The City of College Station was
taken all the way to the Supreme Courts and has had their
ordinance up held as a valid ordinance. Councilman
Westerhof stated at this time he could not be in favor
because he felt this ordinance may keep the new developers
from coming into Wylie. Maybe at a later date I could be in
favor of it . Councilwoman Donovan wanted to know if any
other cities had this. Mr . Faires said some have used an
ordinance like this but had not been tested. Mayor Pro Tcm
Fulgham said McKinney has it . City Manager Gus Pappas said
the City would be in the minc'rity at this time. Mr . Faires
said he has talked with a new developer who is looking at
Wylie and this developer asked if the City had such an
ordinance. City Manager Gus Pappas said our City competes
with cities that are more our size and these cities 00 not
have this ordinance. The larger cities do have this but we
do not compote with the larger cities. Mayor Pro Tem
Fulgham said he listen to a lawyer lecture on this
ordinance, and he was the one that took it to the Supreme
Court . Mayor Pro Tem Fulgham said you may cut out a couple
of developers. City Manager Gus Pappas said when this
ordinance first come up in other cities, it was to stifle
growth . City Manager Gus Pappas stated the best time to
pass an ordinance like this is when you are in a valley and
not at a peak of growth. There is no one at this time
working on a development from a timing stand point and a
valley is the best time to pass this ordinance. Councilman
Crane said when Planning and Zoning worked on this it was
considered to be small money on these parks. This wou] d not
build a park but be seed money to start a park. More
important it sets aside the land for parks a for the City at
a later date. Mayor Pro Tem Fulgham said he understands
what Councilman Westerhof is saying , but this is small
money. Councilman Crane said he agrees with the City
Manager , if you do not do this early, then you don ' t do it.
Councilwoman Donovan said she agrees with the City Manager,
either do it now, or don' t do it. Councilman Crane said a
developer can use this to help sell his lots if he uses the
park in the advertising. Councilman Crane also stated to
remember that this would not fund the parks, it will only be
seed money and the land for a park . Motion was made by
Councilman Crane to approve the park dedication ordinance.
Seconded by Mayor Pro Tem Fulgham. The vote was as follow:
Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor ,
Councilman Westerhof - against , Councilman Crane - in favor ,
and Councilwoman Donovan - in favor . This motion carried
with four (4) in favor and one ( 1 ) against.
City Manager Gus Pappas said
to the best of anyones knowledge, there has never been a
park master plan for the City of Wylie. Just a few weeks
ago the Council passed a land use plan , and there is a need
to set aside areas where the Council and other boards would
like to see parks. This is just a plan and can be amended
at any time the Council so chooses. Some of the areas being
recommended for parks are Muddy Creek, Texas Power & Light
easements, pond on DingBang Wang property, flood plain on
Louis Reese property, large drainage and creek at the new
Wylie Community Hospital plus the two current parks and the
park behind Valentine and Willow Way. The proposed park in
Birmingham Farms property and the park at Lake Ray Hubbard
Mobile Home Park and the wilderness park at Lake Lavon near
the damn. Motion was made by Councilman Crane to approve
the park master plan. Seconded by Councilwoman Donovan .
The vote was as follows: Mayor Trimble - in favor, Mayor
Pro Tem Fulgham - in favor , Councilman Westerhof - in favor ,
Councilman Crane in favor , and Councilwoman Donovan - in
favor . This motion carried with all in favor.
AND ORDINANCE 86-51 1NVALIDq Mr .
Buddy Minyard owns the property at 2701 Hwy 78. Mr. Minyard
asked Councilman Westerhof where he worked in May 1986.
Councilman Westerhof said the Kreymer Company. Mr. Minyard
asked how long he worked there. Councilman Westerhof said
from December , 1985 to December 1986. Mr. Minyard said at
the time you were employed, what per of your gross
income came from Kreymer Company. Councilman Westerhof said
10071. Mr . Minyard then rear Article 9888, Sec. 3A1 and Sec .
2A2 which states the law for public officials and con+ lict
of interest. Mr. Minyato then stated that on February 24 ,
1986, 4. 95 Acres was listed for sale by the Kreymer Company
Councilman Westerhof did work for the Kreymer Company at
this time. There is a letter from the Kreymer Company
stating that this property would be annexed and zoned
Business 2. The City of Wylie did not mail out letters on
the annexation of this property until March , 1986, with the
schedule of public hearings being on March 20, 1986 for
Planning and Zoning and March ?5, 1986 for City Council , and
the vote being on May 13, 1986. Council voted as follows:
Mayor Hughes, Councilmen Westerhof , Brewster and Fulgham in
favor , and Councilwoman Donovan against . There were no
conflict of interest forms signed at that meeting. Kreymer
Company knew prior to the City annexation this property
would be annexed and what it would be zoned. Mr . Minyard
staLed that he believed he has shown the Council that there
was a conflict of interest and that these ordinances should
be declared invalid .
City Manager Gus Pappas said there is no argument with the
papers Mr . Minyard has, these are facts. Fhe last time Mr .
Minyard came in we asked his attorney to put into words the
facts of the case and send them to the staff so we could
forward it on to our City Attorney for a ruling. As of this
date, I have received no letter. City Manager Gus Pappas
stated that he did finally send a letLer to the City
Attorncy for his opinion. Mr . Jackson states that law is
very seldom toe written word itself but is interrupted by
the Courts. One test is the percent of income received and
there are several other tests. Did Mr. Westerhof know that
the property was listed , is a question that needs to be
asked. Did he know at the time he voted what it would
benefit his company. If the property sold would have the
$19, 140. been a benefit to the company. But the main
questions is, by annexatiun and zoning how much would this
action increased the commission from the sale. In summary,
Mr . Jackson advice, based on these facts suggested that the
conflicL of interest is not clear enough for you to take
action to void these ordinances. Mayor Trimble said there
was nothing to be added and he does not want to Lake action .
Mr . John Pierre! of 604 Stoneybrook,
what is the reading of public ordinance and public hearings.
1 was denied my right to speak when item 8 came up. 1 would
like to point out the note of we allow the citizens. The
Charter says you will let citizens speak, and so does the
Constitution of the United States. I do not appreciate
being ignored .
Becky Fortenberry, 116 Windsor , regarding item 17, street
lights in Kinsington Manner. There are a lot of children
out and it gets dark earlier and these streets do not have
enough light . It is very hard to see, because it is so dark
on these streets at nighL .
Pat Zimmerman 710 Norfork Dr . said she does have a street
light and does appreciate U . There are only three (3)
lights on these two streets and we do need more since Lhere
are 60 homes.
Carol Lassiter, 112 Windsor , I live mid-way in the block and
it is dark. My husband works nights and I am by myself . I
would appreciate a lighL.
Mayor Pro Tem Fulgham said he would pull this item. The
reason he put it on was because he thought he had a purifier
and it would be a compromise for the no smoking.
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A!V-"'AS- NEED{�}.. 8ASIS�' City Manager Gus Pappas said this is
a Council decision, I just asked that it not be cumbersome.
The fact that I have to call or write letters to you in
order to give you the facts of these claims could bring up
problems of holding meetings. Council now is involved in
all claims from 0 - $500. With this directive, I would
decide between 0-$500 and then if the party did not agree
with me, they could come before the Council . Between $500
and $2500. the Council would decide and hear the case. Over
$2500. the Insurance Company has the right to decide. lhjs
is one of the things talked about at the work session and I
was asked to draw up the directive for approval .
Councilwoman Donovan said $500. 00 should be lower or Council
should get a letter about the issue. Motion was made bv
Councilwoman Donovan to approve the Council Directive #2
with the services lower to $300. without Council approval .
Seconded by Councilman Crane. The vote was as follows:
Mayor | rimble - in favor, Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor , Councilman Crane in
favor , and Councilwoman Donovan - in favor. This motion
carried with all in favor .
APPROVAL OF > he
engineering staff stated that the developer is asking 0o
replat five lots into three lots in this industrial zoned
phase of the development . Motion was made by Mayor Pro Tem
Fulgham to approve the replat of Wyndham Estates Phase III :
Seconded by Councilman Westerhof . The vote was as follows:
Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor ,
Councilman Westerhof - in favor, Councilman Crane in
favor , and Councilwoman Donovan -in favor . This motion.
carried with all in favor .
PVASE 2: The engineering staff recommends acceptance and
approval of the public improvements. All streets, utilitv
lines are acceptable and all testing is in accoroanca with
Citv of Wylie specifications. Motion was made by Mayor Pro
Tem Fulgham to approve and accept the public zmprovemenrs, zn
REgency Business Park Phase 2. Seconded by Councilman
Westerhof . The vote was as follows: Mayor Trimble - in
favor , Mayor Pro Tem Fulgham - in favor, Councilman
Westerhof - in favor , Councilman Crane - in favor , and
Councilwoman Donovan - in favor. lhis motion carried with
all in favor .
��
This item has been requested by
Councilwoman Donovan to up grade the lighting of streets in
Kinsington Estates. The cost of this will be approximately
$2, 037. 50 for two street lights. Motion was made by Mayor
Pro Tom Fulgham to grant authorization to expend $2, 037. 50
for two street lights for Kinsington Estates and to expend
the funds from the reallocation of funds in the General
Fund. Seconded by Councilwoman Donovan. Councilman Crane
said in previous work session, the Council talked about
current level uf service or raising taxes to provide these
extra services. This is one of those items. The Council
needs to realize there is a need for improvements all over
the City, we need to decide on where and how we are getting
the monies for these things. The point I am trying to make
is, the council has to justify the money for these or more
of these will keep coming up if we do not stay with the
budget. Councilman Crane said these street lights are just
one of many items, drainage is in need of repair all over
the city. The vote was as follows: Mayor Trimble - in
favor , Mayor Pro Tem Fulgham - in favor , Councilman
Westerhof - in favor, Councilman Crane - in favoV , and
Councilwoman Donovan - in favor . This motion carried with
all in favor .
No discussion from Council , City
Manager Gus Pappas made the following statements. On the up
coming work session, there needs to be a discussion for
assistance to the Branch Volunteer Fire Department . The
Branch Vol . Fire Dept . is asking for us to help in
dispatching and in getting their department started as it is
in our EJT.
Mayor Trimble recessed the regular meeting and convened the
Council in a work session with regards to a proposed private
utility district by Moussa Property Development on FM1378.
This area contains approximately 600 acres and is adjacent
to Wylie and St . Paul . The purpose of this utility district
is to supply water and sewer to this area. Mr. Moussa is
wanting to create a utility district for the portion of land
that is in the Wylie EJT and a utility district for that
portion of land that is in St. Paul . Mr. Moussa said he has
only one way to get sewer in the St. Paul area and that is
through a special utility district. The City of St . Paul
has made it clear to Mr. Moussa that they will not release
this land from their boundaries. St. Paul at this time ca//
not provide water or sewer to Mr. Moussa' s land. Mr . Moussa
said there is no economical way to provide water and sewer
without a special utility district to help fund the project.
The only other solution to Mr. Moussa' s problem of water and
sewer is to connect into the existing water and sewer fron
Wylie. This involves improvements to the system for it to
work properly.
City Manager Gus Pappas wanted to know if Mr. Moussa Mae the
right to demand services from St . Paul since he has land in
their boundaries. Mr . Ed Wendler said the laws that yovern
de-annexation because of no services is very hard to get
done and takes a loc of time.
Councilman Westerhof wanted to know if there was a
possibility of Moussa and Wylie goicg into a working
relationship what happens if Mr. Moussa can not keep up his
end of the agreement . Who would bc responsible for the
debt . The Special Utility District would have to levy a tax
to take care of the debt . Mr . Moussa is the only property
owner to levy a tax on right now, isn' t that right .
Councilman Westerhof said if the City of Wylie begins
construction of laying this line and is almost complete and
6
at that time Mr . Moussa could not support this or develop
wouldn ` t Wylie be responsible for most of this project . Mr .
Wandler said the district would be responsible for lcvying a
tax to support the debt . Do not contract with Mr. Moussa
until he has the money.
Mr. I . W. Santry, City Engineer, said one concern is the
fact of building another treatment plant . How will the
district be ab] e to pay for this.
Mayor Pro Tem Fulgham said impact fees, lift station
diPtrict fees need to be addressed and how the area would be
controlled prior to the City of Wylie agreeing to any
contract or special district.
Councilman Crane said what he sees is another area like a
city where Wylie gives fire protection, police protection
and gets no taxes for it . If we provide the service, why
can' t it be in our City.
Mr. Wendler said he would be filing papers with the City of
Wylie to request the Citys permission to establish a
Special Utility District. I wanted to come before you
tonight so it would not be a total surprise when you did get
the request .
Councilman Crane said it would be better for the City of
Wylie to give water and sewer service to this area.
Mr. John Bailey a board member of Wylie North East Water
Supply made reference to the fact that they were going to
put in over head storage tank for water in this area. Also
was hoping to make an agreement with Wylie to help in the
maintenance and servicing of this storage tank . ThaL W`'lie
North East Water Supply would be paid for this. Mr . Bailey
also said first look ac the best way to serve the people and
then work out the legal matters.
There being no other discussion, Mayor Trimble recessed the
work session and called the meeting back into regular
session.
(oil it-qil TO
Mayor Pro Tem Fulgham said there is a lot of
problems in setting this up and feels there is some
possibility of benefit to the City. Mayor Pro Tem Fulgham
would like for Council to study this and work on it prior to
making any decision. Mayor Pro Tem Fulgham also recommended
that this project be sent to all our advisors for their
opinion.
City Manager Gus Pappas said that the Council can create a
document that will protect the City of Wylie. What the
Council needs to consider is whether or not you want to be a
party of creating another government body imposing iax on
people who do not live there now.
Mayor Trimble said this should be discussed with the Council
and staff in a work session.
There being no other business or matters of discussion, a
motion was made to adjourn with all in favor.
_______
Chuck Trimble, Mayor
ATTEST:
Carolyn Jnoea^ City Secretary
'
CALLED CITY COUNCIL
MEETING - MINUTES
FEBRUARY 5, 1987
6: 3O P. M.
The Wylie City Council met in a called session on Thursday,
February 5, 1987 at w30 P. M. in the Conference Room at City
Hall . 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 Mayor Chuck Trimble, Mayor Pro Tem Joe
Fulgham, Council Members Calvin Westerhof , Kent Crane,
William Martin and Sandra Donovan, City Manager Gus Pappas,
City Secretary Carolyn Jones, Finance Director James
Johnson, City Attorney Larry Jackson, and David Medanich of
First Southwestz,
Mayor Trimble called the meeting to order.
City Manager Gus Pappas informed the Council on the next
agenda there would be an item to fill the vacancy on Lhe
Park Board. Also the new City Hall originally had a
building committee to make selections on some of the items,
such as Blue/Blue-Grey carpet, off white walls and tile on
hall ways in medium grey. As the move in time gets closer ,
there are professional interior people who will help if we
purchase our furniture from them. There will no extra
charge for helping with the professional advice for each
individual area.
City Manager Gus Pappas said that Moore & BFI has sent in
their opinion on the land fill and Mr . Jackson has written
his opinion on what they have sent us. This will be coming
up on an agenda soon .
Councilwoman Donovan said on the "No Smoking" now is the
time to make the decision on the new City Hall policy , if we
are going to go with "no smoking areas" . As long as we are
going into at new building, this would be the time to go with
the no smoking. Councilwoman Donovan said in talking with
the Finance Dirzctor Mr . Johnson , it would cut some cost on
the air conditioning and heating system if there was no
smoking in the building . Some organizations offer programs
for quiting smoking for employees and the City would pick up
the tab for this.
Councilman Crane said he had a problem with it . In the
Council Chambers is one thing but in the individual offices
is like infringing on their privacy. Councilman Crane said
he did not know if the City was at the place to dictate like
that .
Councilwoman Donovan said there are pamphlet to send out to
employees for their opinion. Councilman Crane said he had
rather get the employees input before making this decisioo.
Councilman Crane said the Ministerial Alliance in Wylie is
doing a Food Pantry for the City to help those in need. I
was hoping to have the City back this with a proclamatjon
and give our support . City Manager Gus Pappas asked
Councilman Crane if he was aware that this needed a Special
Use Permit. Councilman Crane said yes, that he had talked
with his pastor about having to pay this fee for the permit .
SESS�I�[U�i-T.O�-I)'I�9{USS-'Af`F`O]]�|T1�EN.[-D|��.'JUI)GE_ANI>-CL,EF�.5-|�OR
APFLI|'-'4�--19B7-'���=ECT]D�i�' After much discussion on this item
the following names were suggested for the April 4th
election: Lenora Hyatt , Beth Fultz , Sue James, Shirley
Burnett , Anna Starnes, Sue Carlisle, Agnes Dempsey, Helen
Stewart , Curtis Hale. Councilman Crane wanted those
appointed to work for a two (2) year term. Councilman
Martin was to contact Mrs. Helen Stewart to see if she would
be the judge and Mayor Pro Tem Fulgham was to contact Curv.is
Hale for an alternate judge.
Councilwoman Donovan said the police officer cost the city
money and she was trying to cut down on the cost of
elections, therefore she felt this was not necessary to have
a police officer at the elections. Mayor Pro Tem Fulgham
said he wanted to see the police officer at the elections.
City Manager Gus Pappas said wc had reports of people coming
up and there was reason to question their residency and they
would get loud and boastful and it is good to have the
officer there. Councilman Crane said he felt good about
having the officer there. Councilman Martin and Councilman
Westerhof would like to see the officer at elections.
Councilwoman Donovan also requested that the City Secretary
Carolyn Jones stay at home and not in the office on election
day as this would save the people money. Carolyn said she
had rather be in her office and not having people calling
her at home and bothering her family, and for the record
Carolyn stated that she did not get paid for election dayTO DISCUSS ASSISTANCE TO BRANCH
DEPAF-`'--T The Branch Volunteer Fire Depa-tment has ver .
limited services at this time, but trying to start up a wouil
volunLeer fire department . They have come to the City of
Wylie for help in several areas. One being to assist in
dispatching and call out for fires and they will buy the
equipment necessary for our police department to dispatch.
The City would have to purchase a small addition to our
existing system which would cost approximately $100. 00.
Branch Volunteer Fire Department is also asking for an aide
agreement, which they already have with us.
The second request is for help in getting some supplies that
they need. They have been given a small piece of land in
which they intend to put a fire station on. They wanted us
to give them our old fire hoses we are doing away with . If
we are doing away with them, then they are not in good shape
and should not be used. If Branch is getting started, maybe
Council would like to invest a little more, more so if
Council sees this being annex sometime in the future. This
would be an investment for us. The City could lease land
and seek donations of land for a small fire department that
later could be a police substation . The City could help
them by getting lease purchases for them on hose, pagers,
and their building . If at any time they default on the
payments, the City has lost nothing , but gained the building
and equipment they have helped them get .
This Moussa Utility District is in the Wylie ETj and will
need to have Council approval prior to Mr . Moussa getting
his permit from the State. Councilman Westerhof said he has
talked with a person closely related to Seis Lagos and they
do not want any part of this utility district . City
Attorney Larry Jackson said that the Council does have
complete say so as to whether or not this district is
created within the City or its ETJ. If the City refuses the
district, then Mr . Moussa will come and ask for services.
If the City does not grant service, than they can go to the
State with this report and will be able to form their own
district . City Attorney Larry Jackson said his e'perience
with MUD districts is they start out with great strive, but
then fall back and a City usually has to go in to help or
buy them out and pick up all their dcbts. There is a tax on
Special Utility Districts, and later if the ciry annexes
this property, the property owner has a special district
��
��
^
tax , city tax , county tax and school tax . Mr . Mousse does
fully intend to make this a full governmental powder
district . Finance Director James Johnson said that Mr.
Moussa wants bulk sewer from Wylie and bulk water from Wylie
Northeast Water Supply. If this district is created, the
City of Wylie would have to build the Muddy Creek Lift
Station and thc new treatment plant to handle their flow.
The City would have no control of zoning or density. David
Medanich of First Southwest said the home owners wants the
City to take over this district at a latsr date, you have a
problem of adding the extra taxes on these homeowners
because you well annex them before taking over the system.
The developer could fund all service lines and streets and
then walk off from the debt and the City will eventually
have to take this debt over . Mayor Trimble asked Mr.
Medanich if he has met with St. Paul . Mr . Medanich said
that St . Paul was not very excited about this district
coming in. Finance Director James Johnson said if the
Council decides to say yes to this district, put the
stipulations in there that will protect the City. Cit�
Manager Gus Pappas said if the Council went ahead and
annexed the property in our ETJ, than that would kill one of
the districts.
There being no other discussion, a motion was made to
adjourn with all in favor .
_ ......._____.....
_________
Chuck Trimble, Mayor
ATTEST:
_---............
______________________
Carolyn Jones, City Secretary
L/
����
CITY COUNCIL MEETING
MINUTES
FEBRUARY 10, 1987
7:O0 P. M.
The Wylie City Council met in regular session on Tuesday,
February 10, 1987 at 7: 00 P. M. in the Wylie Community Room.
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 Mayor Chuck Trimble, Mayor Pro Tam Joe Fulgham,
Council Members Calvin Westerhof , William Martin and Sandra
Donovan, City Manager Gus Pappas, City Secretary Carolyn
Jones, Engineer I . W. Santry, Code Enforcement Officer Roy
Faires, Chief of Police Royce Abbott , Acting Public Works
Director Kenneth Moelling. Councilman Crane was absent .
Mayor Trimble called the meeting to order and Councilman
Martin gave the invocation.
AND City Secretary received a Uzzer
from Mr. Ammerman resigning from the Parks and Recreation
Commission. Motion was made by Mayor Pro Tam Fulgham to
accept the resignation of Derek Ammerman from the Parks and
Recreation Commission . Seconded by Councilman Westerhof .
The vote was as follows: Mayor Trimble - in favor , Mayor
Pro Tam Fulgham - in favor, Councilman Westerhof - in favor ,
Councilman Martin - in favor , and Councilwoman Donovan - in
favor . This motion carried with all in favor.
Mayor Trimble made a motion to
appoint Dr. Larry Nichols. Seconded by Mayor Pro Tem
Fulgham. Councilman Martin made a motion to appoint John
Pierrel . This motion died for a lack of a second. The vote
on the first motion was as follows: Mayor Trimble - in
favor , Mayor Pro Tam Fulgham - in favor, Councilman
Westerhof - in favor, Councilman Martin - in favor, and
Councilwoman Donovan - in favor . This motion carried with
all in favor .
F
Martin said he had contacted Mrs. Helen Stewart and she had
agreed to be the election judge if she could appoint her on
clerks for that day. Mayor Pro Tem Fulgham said Mr. Curtis
Hale would accept the alternate judge position. Motion was
made by Councilman Martin to appoint Helen Stewart as Judge
and Curtis Hale as alternate judge for the April 4, 1987
municipal election. Seconded by Mayor Pro Tam Fulgham. The
vote was as follows: Mayor Trimble - in favor, Mayor Pro
Tam Fulgham - in favor, Councilman Westerhof - in favor ,
Councilman Martin - in favor , and Councilwoman Donovan - in
favor . This motion carried with all in favor.
on the east
property is located
of FM1378 and north of the Birmingham tract. This property
has been known as Crescent Cove and was originally zoned for
duplexes. The developer has found that duplex lots are not
moving and is requesting that the duplex lots be rezoned to
Single Family 3 lots. The Planning and Zoning Commission
has head this petition and recommend this to Council for
approval . Mayor Trimble opened the pubic hearing. Mayo!-
Pro Tam Fulgham said this would be an improvement to zoning.
Mayor Trimble asked how much duplex zoning was left that was
not developed. Code Enforcement Officer Roy Fazres said
indications was that most of the developers with duplex
^ /
zoning or coming in to Council for rezoning. There being no
other comments or questions, the public hearing was closed .
This
property is located on the east side of FM 1378 and north of
the Birmingham tract and was previously known as Crescent
Cove. The request for rezoning is from Duplex to Single
Family 3. Motion was made by Mayor Pro Tem Fulgham Lo
approve and sign zoning ordinance for the portion of Newport
Harbor from duplex to Single Family 3. Seconded by
Councilman Martin . The vote was as follows: Mayor Trimble
- in favor, Mayor Pro Tem Fulgham in favor, Councilman
Westerhof - in favor , Councilman Martin - in favor , and
Councilwoman Donovan - in favor. | nis motion carried with
all in favor .
APPADVAL OF REQUEST FOR
IN SF0 At the request of
the developer and owner, this item was put on the agenda.
Today, the developer and owner have asked that Council table
this item until a later date. Motion was made by
Councilwoman Donovan to table at the request of the
owner/developer. Seconded by Councilman Martin. The vote
was as follows: Mayor Trimble - in favor , Mayor Pro Tem
Fulgham - in favor, Councilman Westerhof - in favor ,
Councilman Martin - in favor, and Councilwoman Donovan in
favor . This motion carried with all in favor.
CITIZENS PARTICIPATTONN Justice of the Peace Doc Peel
wanted to introduce himself to the Council and to the
citizens present. His office will be open the first and
third Tuesday in Farmersville and the first and third
Thursdays in Wylie. North of Copeville goes to the
Farmersville office and South of Copeville goes to the Wylie
office. I will have a secretary, Mrs. Williams, in the
office each day. I have had nothing but good co-operation
from the Wylie Police Department. Mr. Peel said he liveo in
Farmersville, but will come to Wylie day or night if we will
just call .
Jim Feivor of 315 Callie Ct. stated that he came before
Council approximately one month ago about reconstructing the
roads in Wylie Ranch East , Callie Ct . and Donna Drive.
There are 80% of the property owners that have signed the
voluntary annexation petitions and I am presenting them to
Council tonight . The purpose for annexing is to have the
roads reconstructed in our subdivision. The residents have
requested the roads be 20 feet wide. Councilwoman Donovan
wanted to know if he asked if the property owners were
willing to pay for these street. Mr . Feivor said yes, they
were willing to pay. City Manager Gus Pappas said staff
would still have to send out the letter for annexation and
for the reconstruction of the streets. City Manager Gus
Pappas said a 27 foot back to back with curb assuming the
curb would come in the future, what would Council want zhis
asphalt street to be in width . Mr. Santry and the
engineering staff as well as the other city staff request 25
foot width for street and the base being 26 feet . City
Manager Gus Pappas said by the time public hearings were set
up and the letters went out this could not be started until
mid to late summer.
Barbara Dudley 305 Callie Ct. once you have taken us into
the City, is both sides of Kreymer in the City. Cits,�
Manager Gus Pappas said yes. Mrs. Dudley said will the
ditch get cleaned out so the water will drain and not back
up onto my property. Mrs. Dudley said the culvert helps but
water backs up closer to the house now. City Manager Gus
Pappas said he would give this to public works for getting
set up on the schedule for repair to the ditch. Mr . Santry
said one of the problems is part of the current drainage
crosses private property.
This
Property is located on the east side of FM 1378 and north of
the Birmingham tract and was formerly known as Crescent
Cove. The Engineering staff and Planning and Zoning
Commission has reviewed this plat and recommends it for
approval . This is the same property that was rezoned
earlier tonight. Motion was made by Mayor Pro Tem Fulgham
to approve the preliminary plat for Newport Harbor.
Seconded by Councilwoman Donovan. The vote was as follows:
Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Martin - in
favor - and Councilwoman Donovan - in favor . This motion
carried with all in favor .
preliminary plat and the constr uction plans/final plat for
Quail Hollow Phase II is being presented at the same time in
order to allow the school district to draw a building permit
for their proposed elementary school . The Engineering staff
and the Planning and Zoning Commission have reviewed these
plans and recommend them to Council for approval . Motion
was made by Mayor Pro Tem Fulgham to approve the preliminary
plat for Quail Hollow Phase II . Seconded by Councilman
Martin. The vote was as follows: Mayor Trimble - in favor,
Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in
favor, Councilman Martin - in favor, and Councilwoman
Donovan in favor . This motion carried with all in favor ,,
Motion was made by Councilman Westerhof to
approve the construction plans/final plat for Quail Hollow
Phase II . Seconded by Councilwoman Donovan . The vote was
as follows: Mayor Trimble - in favor, Mayor Pro Tem nulgham
- in favor, Councilman Westerhof - in favor , Councilman
Martin in favor, and Councilwoman Donovan - in favor.
This motion carried with all in favor .
in the planning and expanding of the First Baptist Church,,
it was necessary to move the utility lines. This easement
is for the new lines and gives the utility departments the
room needed for working on these lines. The Engineering
staff recommends approval of this easement. Motion was made
by Councilman Westerhof to accept the utility easement from
First Baptist Church . Seconded by Mayor Pro Tem Fulgham.
The vote was as follows: Mayor Trimble - in favor , Mayor
Pro Tem Fulgham - in favor , Councilman Westerhof - in favor,
Councilman Martin - abstained, and Councilwoman Donovan - in
favor . This motion carried four (4) in favor and one
abstention .
This
road is located on the south half of Vznson Road from the
"Y" toward the east . This dedication is needed for the road
plus for the 12" water line that will service the Lake Ray
Hubbard Mobile Home Park. The Engineering staff has
reviewed this dedication and recommends approval . Motion
was made by Mayor Pro Tem Fulgham to accept the road
dedication from Harold Holzgan. Seconded by Councilman
Martin. The vote was as follows: Mayor Trimble - in favor `
Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in
favor , Councilman Martin - in favor , and Councilwoman
Donovan - in favor . This motion carricd with all in favor.
Thimemorandum is detailing specific improVITIAT G the
existing wastewater treatment plant. Mr. I . W. Santry made
a report that the following were some of the things that
needed to be done and that some had already been started:
Polymer Addition to Clarigester , new addition of sludge
beds, chlorine contact chamber and chlorination, new wet
well screen, oxidation ditch aeration, influent pump
station, secondary clarifier , filtration. In summary it can
be said that the improvements by the staff are moving
forward. The recommended priority list from CH2M Hi ] l is as
follows:
1 . Installation of four aerators including necessary
electrical modifications to the plant .
2. Installation of two new pumps including electrical
and piping additions.
3. Secondary claifier with additional pumping, piping
and electrical .
4. Two traveling filters with acccssor1es
Mr. Santry said to go ahead and have CH2M Hill design
another claifier incase it is needed in the future. This
will Just be a design, not have it constructcd until it is
necded.
City Manager Gus Pappas said that the Council commissioned
CH2M Hill to do an over all study of where the City was
headed and to do a study on the existing plant. Actual
improvements are being done on the existing plant. Staff
recommends that these improvements are done but does not
recommend that the second claifier be constructed at this
time. Staff does recommend approval to make a request to
TWC for an amendment to the City` s existing permit for the
treatment plant, until the new one can be constructed. If
the Council goes ahead and commissions CH2M Hill to design
the new plant it would be a minimum of two years before the
plant could be ready. Mayor Pro Tem Fulgham wanted to kr`ow
if this claifier was stainless steel , and could it be
reused. . Mr . Santry said it would be a glass fused tank,
and said it could be reused if we were forced to spend this
type of money right now.
Motion was made by Mayor Pro Tem Fulgham to approve the
Technical Memorandum #4 from CH2M Hill detailing specific
improvements to the existing wastewater treatment plant .
Seconded by Councilman Martin. The vote was as follows:
Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor ,
Councilman Westerhof - in favor, Councilman Martin - in
favor, and Councilwoman Donovan - in favor. This motion
carried with all in favor ,,
IMMEDIATE IMPROVEMENT STEPS RECOMMENDED BY CH211
UILL1, This is approval to proceed with the improvemenU,
recommended by CH211 Hill and to give City staff the
authority to proceed with implementation and submission of
proposal and amended permit application to the Texas Water
Commission. The staff and the State needs Council action on
this item so that staff can transmit to the State that it is
the City' s intention to make these improvements and submit
an amended permit application for the continued operation of
the existing wastewater treatment plant. Motion was made by
Mayor Pro Tem Fulgham to approve of the immediate
improvements steps recommended by CH2M Hill Technical
memorandum 44 and to give City Staff authority to proceed
with implementation and submission of the proposal and
amended permit application to the ! exas Water Commission.
Seconded by Councilman Westerhof . The vote was as follows:
Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof in favor, Councilman Martin - in
favor, and Councilwoman Donovan - in favor . This motion
carricd with all in favor.
Memorandum #4 from CH2M Hill and is the next improvement
item of most modest cost. Motion was made by Councilwoman
Donovan to grant authorization to seek bids for supplemental
aerators for 4x25hp. Seconded by Councilman Martin. The
vote was as follows: Mayor Trimble - in favor, Mayor Pro
Tem Fulgham - in favor, Councilman Westerhof - in favor ,
Councilman Martin - in favor , and Councilwoman Donovan - in
favor . This motion carried with all in favor .
COUNCIL DISCUSSION2 Councilman Westerhof said about two (2)
weeks ago he spoke with the City Manager about touring the
City facilities. This past week I was given a tour by
Kenneth Moelling and I would like to thank him for taking
time out of his day to spend with me and show me around . I
recommend this to each council member and to others.
Councilman Westerhof also stated that each council member
has been given a small packet in regards to records of our
municipal court . I would appreciate each Council Member, if
they would review this prior to the next meeting and bo
ready to discuss this item.
Councilman Martin wanted to know if there was a speed limit
for the trains coming through Wylie on the Cottonbelt
tracks. Chief Abbot said there is a state law that permits
40 mph. City Manager Gus Pappas said he was of the opinion
a Home Rule City can reduce that speed by an ordinance, he
would check on this.
Councilwoman Donovan wanted to know if the staff could send
letters to the Railroad requesting the McCreary Road
crossing be completed as soon as possible. City Manager Gus
Pappas said the county did not put in the road nor the stop
signs, that the developer put in this road on what was known
as a farm crossing. The original crossing was requested
from the Railroad on March 5, 1986 and we are still waiting
for it to be approved.
Councilwoman Donovan asked Mr. Santry if the letters were
sent out to industries on waste control , and didn' t the City
have another marble company in Steel Industrial Park. Mr .
Santry said that a few letters go out at a time and then the
testing begins and them another group of letters will go
out .
Councilwoman Donovan wanted the City to work with the
Schools on the speed in school zone times. Councilwoman
Donovan said she would work on this project.
Councilwoman Donovan also wanted to know who MWD was. Mr .
Johnson said it a pumping truck, as the Citys pumper was out
of commission.
PRESENTATION OF AUDIT BY BRENT DOLL OF' DOLL AND PABEIBLI.
Mr. Doll said there were no great surprises on this audit
and over all the City is in good financial condition . Like
to commend the city staff for the work done with all the
growth and setting up a computer system, things were well
done. Mr . Johnson asked Mr . Doll to explain the changes in
the accounting system. Mr. Doll said there is a
governmental accounting system that all bonding companies
like to see City using. The City of Wylie is now at that
point in time when they need to begin looking at this
system, and it is a fairly new system and will have to have
a manual and program written for the City of Wylie. It is
not something the City can go out and buy, but it has to be
created for each City.
City Manager Gus Pappas stated that the City Charter
requires an independent auditor to come in and preform an
audit at least once a year. It is a fair estimate to say
that the computer system came about by the urging of Mr .
Doll . Most of the statements in the management letter are
�
in the processing of being taken care of , or are in the
processing of solving themselves. The new City Hall will
have greater room with storage of records in a vault . The
accounting manual is a big job but is not optional . It is
also necessary for this document in order to receive GFOA
approval . Certificate of conformance from GFOA. Last year
the Council used a lot of the reserves, and this is a thing
that troubles the auditors, Mr. Johnson and myself . This
should come up with the increasing of water and sewer rates.
Mr . Doll said these reserves need to be set up at budget
time and not used.
Mayor Pro Tem Fulgham wanted to know if the accounting
manual would be done in the same manner as the Code Book of
Ordinances. City Manager Gus Pappas said yes, except it was
unique to the City and could not be taken in form from
another City. Staff has to find someone that has done or
worked on an accounting manual and then one for the City of
Wylie with this persons help .
Motion was made by Mayor Pro Tem Fulgham to approve and
accept the audit for the City of Wylie as done by Do! ] and
Karahal . Seconded by Councilman Westerhof . The vote was as
follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham
in favor , Councilman Westerhof - in favor , Councilman Martin
- in favor, and Councilwoman Donovan - in favor. This
motion carried with all in favor .
APPROVAL. OF DRAW #3 FROM SPEED EMKII!�i-,
This draw is in accordance with the
approved draw-down schedule and is less than was schedule!
for this stage of the draw-down process. The amount for the
draw-down is $39, 942. 2B. The cost of the project to datP K��
$167, 067. 24. Staff recommends approval of draw-down #3.:
Motion was made by Councilman Martin to approve draw-down
for Speed Fib-Crete on construction of municipal building:
Seconded by Councilwoman Donovan. The vote was as foljowM
Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor,
Councilman Westerhof - in favor, Councilman Martin - in
favor , and Councilwoman Donovan - in favor. This motion
carried with all in favor.
johnson, Finance Director for the City of Wylie requeste(J
this item be tabled at this time. Motion was made by
Councilwoman Donovan to table this item. Seconded by Mayor
Pro Tem Fulgham. The vote was as follows: Mayor Trimble -
in favor , Mayor Pro Tem Fulgham - in favor , Councilman
Westerhof - in favor , Councilman Martin - in favor, and
Councilwoman Donovan - in favor . This motion carried with
all in favor.
There being no other business, Mayor | rimble called for a
motion to adjourn. A motion was made to adjourn with all in
favor .
Chuck Trimble, Mayor
ATTEST:
_..........______............
________
Carolyn Jones, City Secretary
�
� =
MINUTES
PLANNING & ZONING COMMISSION
CALLED MEETING
THURSDAY, JANUARY 22, 1987
The Planning and Zoning Commission for the City of Wylie,
Texas met in a called Meeting on January 22, 1987 in the
Community Room at 800 Thomas Street. A quorum was present,
notice of the meeting had been posted for the time and in
the manner required by law. Those present were: Vice-
Chairman Brian Chaney, Ben Scholz, Fred Ouellette, R. P.
Miller, Jay Davis and Bill Chapman arrived late. Ken Mauk
was absent. Representing the city staff was Gus H. Pappas,
City Manager; Roy Faires, Code Enforcement Officer and
Amanda Maples, Secretary.
The meeting was called to order at 7: 00 p. m. by Vice-
Chairman Brian Chaney.
ITEM NO. 1 - APPROVAL OF THE MINUTES OF JANUARY 8, 1987 -
Changes were made in Item no. 2, section 2. 5, should read
as follows: Exemptions: Nationally recognized social or
faternal organizations, as defined by the Texas Alcoholic
Beverage Commission, are exempt from the acreage and food
sales provisions of this section. Also in Item no. 5,
paragraph 2, "acquired cheap" was misspelled.
ITEM NO. 2 - AMENDMENT TO SUBDIVISION ORDINANCE ON MAXIMUM
SLOPE PROVISION AND RETAINING WALLS - Mr. Pappas stated that
he had done some research with surrounding cities
concerning this ordinance and found that while there are
different ways to measure the slope, and 11 slope is not
excessive. As a general comment the staff believes that 11%
is a good measurement. However, if the Planning and Zoning
Commission wanted to give any credibility to sod, the staff
feels that it should be full sod, not hydromulch and that
the degrees should not vary more than 57. or less. He stated
that if Planning and Zoning wishes to amend this ordinance
they might require that tiebacks be used on retaining walls
and they could give some consideration to terracing the
lawn.
Vice-Chairman Brian Chaney stated, for the information of
the new Planning and Zoning Members, that this item came
before the board on January 8, 1987. The City requires
retaining walls to be used where the slope of a yard is more
than 11%.. Mr. Bledsaw is a builder who feels that a
retaining wall is not the only answer to errosion. He feels
that if a slope is not too definate, fully soding the front
and side yard would be sufficent to prevent errosion. At
the January meeting Mr. Santry our City Engineer had some
calculations for us confirming the use of retaining walls
where the slope is greater than 11%. Mr. Bledsaw will have
some percentage requirements from FHA for us to review
tonight.
Mr. Faires stated that he had spoken with Mr. Santry earlier
in the day and he felt that an 11% slope with sod would be
lenient and that terracing would require retaining walls
between each terrace.
7
Mr. Bledsaw of BOB Autumn Hill , Wylie. Texas, said that the
FHA requirements were a maximum fall of b inches for the
first 4 feet and after that point the fall could be as much
as 45 percent. FHA recommends that ground cover be used for
lawns and sod for embankments they do not recommend
retaining_ walls. Mr. Bledsaw also said that in his opinion
a fully sodded yard would hold, he felt that a retaining
wall for an 11% slope was too drastic. Mr. Bledsaw felt
that the percentages should be 9 to 10 percent for a nude
yard, 10 to 25 percent for a fully sodded yard and over 25
percent should require a retaining wall also, the
measurement should be taken from the slab to the sidewalk.
Vice-Chairman Brian Chaney asked Mr. Faires if the City
would require a homeowner to repair a retaining wall if it
became broken down.
Mr. Faires stated that the ordinance required a retaining
wall and yes, the City would make them repair it.
Vice-Chairman Brian Chaney was concerned because while the
City could enforce a retaining wall, he was not sure how
effective the City could be at enforcing that a sod yard be
kept. He said that if someone allowed the yard or part of
the yard to die then how would we make them resod the yard
and at what point would we enforce that.
Mr. Blewsaw said that FHA stands on the idea that unless a
retaining wall is properly constructed, with the force of
the water and soil pushing against it, it will not hold and
if a slope is so drastic that it must have a retaining wall
one should be made of concrete or masonry construction.
Fred Ouellette stated that the ordinance should be defined
more clearly and that if full sod would protect up to a 15%
slope then that should be put into the ordinance. The
ordinance should specify that full tiebacks be used on
retaining walls every so many feet apart. He said that if a
sod yard started to errod later then the City could say that
they were not in compliance and require them to build a
retaining wall at that point.
Ben Scholz stated that sod yards should be taken care of at
the level of the deed restrictions.
Fred Ouellette said that he would like to see more study
done On this ordinance to see if we could give more lead way
to the builder.
Vice-Chairman Brian Chaney asked if the Engineering
Department would have any additional information for us
concerning this matter.
Mr. Faires said that he had spoken with Mr. Santry earlier
and he said that a 4% slope was too drastic for a nude lawn
and 11% slope was too lienant for sod. Mr. Santry also said
that he had requested other materials which have not arrived
yet.
Fred Ouellette made a motion to table this item until
further information could be obtained from I . W. Santry, Jr. ,
F. E. , City Engineer. R. P. Miller seconded the motion.
Motion carried 3-2.
1
ITEM NO. 3 - ADJOURN INTO JOINT SESSION - The Regular
Meeting of the Planning and Zoning Commission was adjourned
in order to convene into a joint session with the Parks and
Recreation Board.
ITEM NO. 4 - CONVENE JOINT SESSION WITH PARKS AND RECREATION
BOARD - The Planning and Zoning Commission met in a joint
session with the Parks and Recreation Board Members with the
exception of Chairman Derek Ammerman, John Morgan and Willie
Benitez.
Mr. Pappas stated that the Parks and Recreation Board has
been working to develop a F'ark Master Plan in order to
designate certain areas of the City as current and future
park sites. This would be considered the current Master
Plan and they are working on a future Master Plan which will
be ready in another month.
The Parks Board makes their recommendation directly to the
City Council. The City Council relies on both the Planning
and Zoning Commission and the Parks and Recreation Board for
recommendations on how the City should develop. You may
recommend this plan to the City Council so that they may
adopt it and it can be placed over our Land Use Plan Map.
In this way developers will know where parks are planned for
in our City. However, the Parks Board does feel that this
plan is amendable.
Fred Ouellette asked where the park zones are.
Mr. Pappas said that the park zones were not mentioned on
this map but they had discussed useing the Lift Station
Districts as the Park Zones. If you would pass this plan
you could make it apply to the Lift Station Districts.
ITEM NO. 5 - RECOMMENDATION TO CITY COUNCIL ON PARKS
DEDICATION ORDINANCE - Mr. Faires wanted to reafirm that
this ordinance has been tested through the Supreme Court in
November of 1984 and it was upheld in favor of College
Station.
Ben Scholz was unclear on Section la pertaining to the
remodeling of structures on existing residential property,
he wanted to know how it applied to an individual home.
Mr. Pappas stated that the City Council , under the Homerule
Charter, has decided that recreational areas are important
and developers should provide them whether they are
developing new subdivisions or tearing down old subdivisions
and rebuilding them. An individual house would not qualify.
However, if you bought blocks of old homes and tore them
down and subdivided the lots, that would apply.
Vice-Chairman Brian Chaney was not clear on Section 4
pertaining to parks being located on 50 acre tracts of land.
Mr. Faires stated that because of the size of major parks,
they should be taken out of large tracts of land so that the
developer would have a better opportunity to recover
financially from the dedication of the land.
R. P. Miller was unclear as to how proper access would be
obtained to the parks.
/9
Mr. Pappas stated that this ordinance establishes a rule
which says that no longer can a developer develop a
subdivision with the maximum number of lots and have no
consideration for parks, he must do something. The specific
location of the park will be delt with by each of the boards
coming as near as possible to the Master Plan. Then in
reviewing the plat you will see the park. At this time you
will look at whether the park is in the right place and if
the access and utilities are adequate to the park.
This ordinance will not be popular with the developers and
you may have to wait a considerable amount of time in the
future before you are appreciated for your effort. It is
unfortunate that we have to come to this but it is
unrealistic to think that the City of Wylie will have good
parks in the future without it.
Curtis Hale asked if this ordinance would discourage
development in Wylie.
Vice-Chairman Brian Chaney said that he had visited with
some developers that have built in Austin. Their comments
were about how restrictive Austin is. They tell the
developer how many trees to put in and even what kind, this
ordinance is not nearly as restrictive as that and Austin is
growing all the time.
Mr. Pappas stated that some developers will scream about
this ordinance but Austin is an example of a city that is
getting better looking because of development and because of
that beauty it is now a hot spot to build.
Mr. Faires predicted that within one year at least five
cities would call Wylie wanting a copy of this ordinance.
Jay Davis asked if a charge of $225. 00 will be enough to
cover the cost of building these parks.
Mr. Pappas said No, but it will greatly reduce the cost of
bond issues.
Fred Ouellette stated that the Parks and Recreation Board
should be added to Section 4 and that "This which are to
supoortive of these parks. " be removed from this section.
Ben Scholz made a motion to accept the ordinance with the
above stated corrections. Bill Chapman seconded the motion.
Motion carried 6-0.
The Parks and Recreation Board also approved this ordinance,
see Parks and Recreation Minutes of January 22, 1987.
ITEM NO. 6 - RECOMMENDATION TO CITY COUNCIL ON ADOPTION OF
PARKS MASTER PLAN - Bill Chapman made the motion to accept
the Parks Master Plan and to use the Lift Station Districts
as the Park Zones. Jay Davis seconded the motion. Motion
carried 6-0.
The Parks and Recreation Board accepted the adoption of the
Parks Master Plan at a previous meeting.
Vice-Chairman Brian Chaney asked Mr. Pappas to schedule a
workshop for the City Council and the Planning and Zoning
Commission because there are new members on both boards and
he felt the need for them to get to know each other and
discuss the general development of the City.
G� D
'
ITEM NO. 7 - ADJOURN - Ben Scholz made a motion to adjourn
the Planning and Zoning Meeting of January 22, 1987. Bill
Chapman seconded the motion. Motion carried 6-0.
Brian Chaney, Vice-Chairman
Planning & Zoning Commission
Respectfully Submitted:
/44�
Amanda Maples, Secretary
^7 �
`
MINUTES
PLANNING & ZONING COMMISSION
REGULAR MEETING
THURSDAY, FEBRUARY 5, 1987
The Planninq and Zoning Commission for the City of Wvlie.
Texas met in a Reqular Meeting on Fe0ruary 5. 198- in the
Communitv Room at 8{«} Thomas Street' A quorum was present,
notice of the meeting had been posted for the time and in
the manner required by law. Those nresent were: Vice—
Chairman Brian Chaney, Ben Scholz. Fred Ouellette, R. P.
Miller. Ken Mauk and Jav Davis arrived late. Bill Chapman
was absent. Representing the city staff was Rov Faires,
Code Enforcement Officer and Amanda Maples, 5ecretarv.
The meeting was called to order at 7 : 04 p . m. bv Vice-
Chairman Brian Chaney.
IT _
The vote was recorded wrong for ! rem No. � Amendment to
Subdivision Ordinance on may zMuni slope Proviszon and
retaininn walls - the actual vote should nave been 2-3'
This item died due to a lack o+ action bv tne F'lanninq and
Zoninq Commission.
Ben Scholz made a motion to accept the minutes wzth the
above stated correction. Ken Mauk seconded the motion.
Motion carried 5-0. Jay Davis was not present to
Participate in this vote.
ITJ�Mi_N8^-- p4IN&G--[F. DUPL X--'SECTI{}h�--OF�-'-[�|ESENT'-{3}VE
�, - `'he oeve1oper of this
adOitzon, located on tne east side o4 FM1378- an'zve the
Birmingham tract. is requestinq this chanqe from ouplex to
SF3. The required public notices Mave been posted and the
required letters were mailed to propert" owners within 200
feet of the propertv under conszderatzon.
Mr. Faires stated that the first time this came before the
Planninn and Zoning Commission it was under the name of
Cresent Cove South. This was a joint venture between Mr.
Cook of Arapno East and M,' houssa. However. the
partnership has split and Mr. Cool,: intends to qo forward
with his development me is requestinq this cnanqe oue to a
lack of interest in duplex lots. The staff recommends
approval of this request. Tnis will also have to be
rep1ated which is the next item on your aqenda.
Ken Mauk asked Mr. Faires now this chanqe would effect the
percentaqe ratio of 6F3 housinq in our land use plan .
Mr. Faires stated that the numbers involved in this
particular chanqe were so small that they probablv would not
have an, real effect on the Pero entaqes for
have a down effect on the percentages for 2F'
Ben Scholz asked Mr. Cook now he fe1 + about not havinq a
buffer zoninq between his Single Famil`' zoninq pnd Mr '
Moussa s Multi-Familv zoninq.
Mr' Cook stated that if Mr. noussa built his Multi-F *mily he
would have to put up a Perimeter Fe',ce an`'L-jav clon r
nave a problem with that.
R. R. Miller asked if there woulu oe an^ park land oedicated
from this Property.
^
Brian Chanev stated that since the property was less than 50
acres the dedication would probably be in money.
Mr. Faires said that the dedication for parks comes in at
thKz, Final Plat staqe and that their only obliqation would
probably be on the part that is replated.
ken Mauk made a motion to recommend to the Council that the
request for rezoninq from 2F ro 5F3 oe accepted. Freo
Ouellette seconded the motion . Motion carried b-0.
ITEM 3 -- PRELIMINARY PLAT FOR__ Thia
additionwas _. ^ , ^~.s^ ~ =.""'. as Cresent Cove Soutri. The
joint venture partnership has split and the north section is
being resubmitted after the preliminary time limit expired
Basic water and sewer service, as well as dra inaqe will not
'
change. The plat, as presenteu bv rne developer, Baron
Cook. reflects the name change and the rezoninq ' Th
enqineerznq department has revzewed this resubmitted plat
and recommends approval . '
Mr. Faires commented that the 2F zoning had been changed to
SF3 zoning, creating 30 lots in this category.
Baron Cook stated that they have shown Mr. Moussa s part of
the development on this plat, as a shaded area, in order to
show proper ingress and egress to the lots on the south end
of the development. When Mr. Moussa develops, his streets`
sewer and water will all tie in at the south end.
Fred Ouellette asked Mr. Cook if anv of the lots were
smaller that 0 , 200 square feet.
Mr. Cook replied "no. "
Ben Scholz made a motion to accept the Preliminary Plat for
Newport Harbor. Jay Davis seconded the morion. Motion
carried 6-0.
ITEM NO. 4 - PRELIMINARY/FINAL PLAT/CONSTRUCT ION PLANS F R
submitted as Preliminary Plat and Final Plat/Construction
Plans as a sequence in order for the school to be able to
draw a Ouilding permit as soon -as pc)ssln
_ 1e for the new
elementary school to 1:.-!e bL111C on tl-le land ric.-sir-InDre- d for
that purpose and included in this addition. The
engineering department has these rl�ats and r1an-F
and recommends approval .
Mr. Faires stated that the school had approached the
developer to purchase a school site to build P. M. Akin
Elementary School , thev reached an apreement and the school.
sent out bids. Upon awarding a contract and applying for a
building permit l informed them that I could not issue a
building permit on an illegally subdivided pzece of
propertv' The school has replated the property subdividinq
out their tract of land to allow them to qo foreward witn
t�e buildinq of the school copv of the contractual
sqreement Oetween the school anc! the developer is included
in vour packet it states that the improvements will be in
Place or the time that the school la opened. Mvself, Mr
Pappas and Mr. Santry have revzeweo this contracr and w'
feel that the school is protected . '' ~
Brian Chaney stated` for the purpose of the new members, that
all that the Plannin9 and Zoninq Commission was to consioer
is the subdivision of the school property so that it becomes
a free standing entitv. We are considerinq the Preliminary
Plat and the Final Plat at the same time in order to speerl
thinqs up for the school .
Fred Ouellette asked whv the school did not show water.
sewer and fire hvdrant plans on their final plat.
Mr. Faires stated that those things were covered in the
contract between the school ano the developer'
Fred Ouellette then asked if Park Land Dedication was
covered in the plans.
Mr. Faires stated that Park Land Dedications did not come
out of school property because it was non-residential
property.
Ben Scholz asked if the roads had been completed.
Mr. Faires said that half of them were in but by the time
the school opens they will all be completed as required by
the contract.
Fred Ouellette made a motion to approve the plats. Ken Maul.::
seconded the motion. Motion carried 6-0.
ORDINANCE ON REAR YARD
SETBACKS FOR SF3 - Mr. Tim Terrill of Albritton Development
Company, actinq as a consultant for Aston Development
Companv on the Westgate Subdivision, said that he was
requesting that the rear setback be chanqed for the SF3
housinq in order to allow them to build a larner house on
the lots' He stated that thev ha(..1 found a lot of market
resistance to this size of lot and that in attempcinq to
change tne setback they had spoken w: th the Citv Staff ano
nag determined that this was the best way to achieve this
rather than ask for a varriance.
Mr. Tom Cravens. with Lich liter/Jameson of Dallas, stated
that with this size of lot the house pad could only be 5B
feet deep and that by decreasing the rear setback to 20 feet
it would allow 5 additional feet in which to build a larger
house. He said that 20 feet of rear space was enough to
park a car and still not be at the back line of the lot.
Vice-Chairman Brian Chaney stated, to the Planning and
Zoning Commission, that any decision made on this matter
will not only effect this subdivision, but would effect all
other subdivisions in Wylie.
Mr. Faires stated " I believe that 3 of you were on the
Planning and Zoning Commission at the time that the presenr
requlations were adopted. I question the statments
concerninq the marketinq ability of these lots uecause I
know of some builders who want to build on these lots.
Further. when thev came to my office to discuss chanqinq the
rear setback l informed them that they could not accomplisi--I
this chanqe through a varriance due to a harosIoip which , s
of their own makinq. One of the thinqs that we have tried
re avozo , in our community, is a super larqe nouse on +
small lot. in my opinion we would be making these changes
for one developer who does not want to comp } y, when other
developers and builders in our community ad `ust their plan---
to meet our ordinances. I do not recommend this request for
chanqe. ^
Mr. Tim Terrill statecl that they realized that mistakes were
maoe bv Astor Development in the deptn of the lots, but he
would like to get builders to build on these lots and they
indicate that the lots are too small .
Mr. Jim Douqlas. of Douglas Properties, stated that he has
heard complaints from builders about the lots being too
small . This is a problem subdivision , most of these SF3
lots are qoing to be hard to build on and I would like to
pet builders to build on them. I can understand your not
wanting to change the setback for the entire citv but you
might qrant a varriance on the lots that are going to be
nard to build on. The people that created the problem from
Astor Development are no longer here and we have to market
these lots.
Mr. Faires stated that when this property was being planned
the planner at that time was advised that his conception of
the lot size was misconceived and he said that it met the
qualifications and that the Citv would have to accept it.
This body does not have the authoritv to grant a varriance
and you would have to prove hardship ' there was no nards=p
on this land before it was subdivided.
Vice-Chairman Brian Chaney stated that the Planning and
Zoning Commission did not decide whether somethinq is
marketable or not rather what is best for tne entire city.
If we recommend that this ordinance oe chanqed it will
effect all SF3 subdivisions re9uardless of the case.
Fred Ouellette stated that even with the 25 foot rear
setback you could build the same size house.
Tom Cravens explained that with the extra 5 feet the builder
could have more flexability.
Vice-Chairman Brian Chaney said that they were wantzng to
build SF2 houses on an SF3 lot. " I feel that this ordinance
should stand as it is. "
R. P. Miller asked what size the nomes were that were built
around this property.
Mr. Faires said that the existing homes are 1300 to 1400
square feet and he wants to build 1700 square foot homes.
Vice-Chairman Brian Chaney stated that the Planninq and
Zoning Commission is responsible for protecting home buyers
in that a very small house is not built next to a larqe
house'
Fred Ouellette commented that he felt that the ordinance was
good and should stand as it is.
R. P. Miller maoe at motion to leave the ordinance as zr
stands. Ken Mauk seconded the motion. Motion carried 6-0.
Fred Ouellette requested that Mr' Faires see to it that an
item was placed on the next Planning and Zoning agenda to
elect a chairman.
Mr. Faires suqqested that two items be placeo on the agenda,,
one to elect a chairman and one to elect a vice-chairman it
necessary.
~~
ITEM NO. 6 - ADJOURN - Ken Mauk made a motion to adjourn the
Planning and Zoning Meeting of February 5. 1987. Fred
Ouellette seconded the motion. Motion carried 6-0'
8rian Chanev, Vice-Chairman
Planninq & Zoninq Commission
Respectfully Submitted:
`�-----------------7--�-~---~�
Amanda Maples, Secretary
MINUTES
PARKS & RECREATION BOARD MEETING
CALLED MEETING
THURSDAY, JANUARY 22, 1987
The Parks & Recreation Board for the City of Wylie, Texas,
met in a called session on Thursday, January 22, 1987 at
7: 30 P. M. at the Community Room at 800 Thomas Street.
Notice of the meeting had been posted for the time and in
the manner required by law. Those present were Vice-
Chairman Curtis Hale, Mrs. Peggy Sewell , Mrs. Jayne Chapman,
Mr. Morris Love, and the Planning and Zoning Commission.
Absent from the Parks and Recreation Board were Chairman
Derek Ammerman, Mr. John Morgan and Willie Benitez.
Representing the staff were Mr. Gus Pappas, City Manager;
Mr. Roy Faires, Codes Enforcement Officer; Mrs. Amanda
Maples, Secretary: and Susan Marquardt, Secretary.
Vice-Chairman Curtis Hale called the meeting to order at
7: 50 P. M.
AND PARK MASTER PLAN - Vice-
Chairman Brian Chaney opened the meeting by explaining to
the new members of the Planning and Zoning Commission that
the Dedication Ordinance had been reviewed several months
prior to this meeting by both boards. This ordinance is set-
up to allocate funds or property from developers for parks
in the City of Wylie.
Mr. Gus Pappas, City Manager; asked if he could explain the
Park Master Plan then go into the Dedication Ordinance. Mr.
Gus Pappas, City Manager informed the Planning and Zoning
Commission and the Parks and Recreation Board had been
working for weeks on a Parks Master Plan consisting of both
current and future park sites within the City of Wylie.
The master plan should not be considered as a final plan;
that will probably take about one month to 45 days to get to
the Planning and Zoning Commission. Mr. Gus Pappas, City
Manager; went on to say that the Parks and Recreation Board
would make their decisions and recommendations directly to
the City Council . In the area of the park development, the
City Council relies on both the Parks and Recreation Board
and the Planning and Zoning Commission to make
recommendations for the future development of the parks in
the City of Wylie. The Parks and Recreation Board feels
that this plan can be amended.
Mr. Fred Ouellette asked where the park zones are? Mr. Gus
Pappas, City Manager replied, that the park zones were not
mentioned on this map but they have discussed using the Lift
Station Districts as the parks zones. If you pass the
master plan you could make it apply to the Lift Station
Districts.
Vice-Chairman Brian Chaney asked if the Parks and Recreation
Board members had any questions? Vice Chairman Curtis Hales
replied that our board had already given our approval at the
last meeting.
Vice-Chairman Brian Chaney asked if the Parks and Recreation
Board could give any other information in regards to the
Park Master Plan. Mrs. Peggy Sewell stated that different
things would be made up at different locations such as
jogging trails, bike trails playgrounds and etc. The parks
will not all be the same.
-���
SAERNING THE PROPOSED PARK LAND DEDICATION ORDINANCE --
Vice -Chairman Brian Chaney moved on to the Park Land
Dedication Ordiance.
Mr. Roy Faires, Codes Enforcemnt Officer wanted to reafirm
that this ordinance has been tested through the Supreme
Court in November of 1984 and it was up held in favor of
College Station.
Mr. Ben Scholtz asked in Section 1A, the remodeling of
structures? Mr. Pappas, City Manager; stated that the City
Council , under the Home Rule Charter, has decided that
recreational areas are important and developers should
Provide them whether they are developing new subdivisions or
tearing down old subdivisions and rebuilding them. It would
not qualify for just one individual home, however, if you
have a block of old homes being torn down that would apply.
Vice-Chairman Brian Chaney asked on Section 4 pertaining to
parks being located on 50 acre tracts of land. Mr. Roy
Faires, Code Enforcement Officer replied, that with the size
of major parks they should be taken out of large tracts of
land so that the developer would have a better opportunity
to recover financially from the dedication of the land.
Mr. R. P. Miller asked if the locations of these parks would
be designated to major roads? Mr. Gus Pappas, City Manager
replied that this ordinance establishes a rule which says
that no longer can a developer develop a subjivision without
having any consideration for parks, he must do something.
The specific location of the park will be delt with by each
of the boards coming as near as possible to the Master Plan.
Then in reviewing the plat you will see the park. At this
time you will look at whether the park is in the right place
and if the access and utilities are adequate to the park.
Mr. Gus Pappas, City Manager informed both boards that the
ordinance will not be popular with the developers.
However, It is unrealistic to think that the City of Wylie
will have good parks in the future without the ordinance.
Vice-Chairman Curtis Hale asked if this ordinance would
discourage development in Wylie.
Vice Chairman Brian Chaney said that he had visited with
some developers that had built in Austin. Their comments
were about how restrictive Austin is. They tell the
developer how many trees to put in and even what kind, this
ordinance is not nearly as restrictive as that and Austin is
growing all the time.
Mr. Roy Faires, Code Enforcement Officer predicted that
within one year at lest five cities would be calling on
Wylie wanting a copy of this ordinance.
Mr. Jay Davis asked if the charge of $225. 00 would be enough
to cover the cost of building these parks? Mr. Gus Pappas,
City Manager replied, No , but it would greatly reduce the
cost of bond issues.
Mr. Fred Ouellette stated that the Parks and Recreation
Board should be added to Section 4 and "This which are to
supportive of these parks. "be removed from this section.
Mrs. Peggy Sewell made recommendation to the Planning and
Zoning Commission to recomend to the City Council the Park
Land Dedication Ordinance. Mr. Morris Love seconded the
motion. Motion carried 4-0.
The Planning and Zoning Commission also approved the
ordinance, see Planning and Zoning minutes of January 22,
1987.
ITEM NO. 3 - CONSIDER RECOMMENDATION TO THE CITY COUNCIL
CONCERNING A PARK MASTER PLAN FOR THE CITY OF WYLIE - Vice-
Chairman Curtis Hale stated that the Parks and Recreation
Board accepted the Parks Master Plan at a previous meeting.
Mr. Morris Love stated that the Parks and Recreation Board
voted on the park zones previously, maybe 3 months ago. Mrs.
Jayne Chapman went on to make motion on the park zones, and
Mr. Morris Love seconded the motion. Motion carried 4-0.
The Planning and Zoning Commission accepted the Parks Master
Plan and added the use of the Lift Station Districts as the
Park Zones. See Planning and Zoning Commission minutes of
January 22, 1987.
ITE - With no more business or discussion,
Vice-Chairman Curtis Hale asked for a motion to adjourn.
Mr. Morris Love made the motion, seconded by Mrs. Jayne
Chapman. Meeting was adjourned by Vice-Chairman Curtis
Hale.
Curtis Hale, Vice-Chairman
Parks & Recreation Board
Respectfully submitted:
Susan Marquardt, Secretary
,75�
MINUTES
PARKS & RECREATION BOARD MEETING
REGULAR MEETING
TUESDAY, FEBRUARY 3, 1987
The Parks & Recreation Board for the City of Wylie, Texas,
met in a called session on Tuesday, February 3, 1987 at 7: 00
P. M. at the Community Room at 800 Thomas Street. Notice of
the meeting had been posted for the time and in the manner
required by law. Those present were Vice-Chairman Curtis
Hale, Mr. Morris Love, and Mr. John Morgan, had to leave the
meeting about 7: 30 P. M. Mr. Willie Benitez arrived late,
about 7: 30 P. M. Due to a lack of quorum the meeting could
not be called to order.
Some discussion was held on the long term park plans and
creating a position for a Parks Director. Mr. Pappas,
City Manager, informed the Parks & Recreation Board that the
City Council had approved the passage of the Parks Master
Plan and the Parks Dediciation Ordinance.
Curtis Hale, Vice-Chairman
Parks & Recreation Board
Respectfully submitted:
Susan Marquardt, Secretary
��O
REQUEST TO BE PLACED ON AGENDA
Date For next Council Agend _ __ _ d �q�. __
i
I , request that the following item be placed on the City
Council Agenda.
Consider: JSettiaQL _QQtiQn for the recall of
nounellpersnn_SandLa_UaaQYaa_LQ_ba held Aril 4 L1987 a_
Reason for request: _A valid and sufficient Recall Petition .,_.
h,a_s_122.n_Lertifled_hy_the City Secretary and duly _presented,_
So the City Council .The Council has no choice under the City_
Charter but to set the requested recall election .
Thank you,
Si/2k 1 )de-4-a/1Z/
hature
& 4 Ai e i 472 Jr
Street
�// 7 - 3 /
City, Text Zip Code
6-/y) 6 fd - 2. Y4 3
Phone Number
NOTICE OF GENERAL ELECTION
(AVISO DE ELECCION GENERAL)
To the Registered Voters of the City of Wylie, Texas:
(A los votantes registrados del Cuidad de Wylie, Texas: )
Notice is hereby given that the polling places listed below
will be open from 7: 00 A. M. to 7:00 P. M. on April 4, 1987
for voting in a general election for the Recall of
Councilwoman Sandra Donovan, Council Place 6.
(Notifiquese, por las presente, que las casillas electroales
sitados abajo se abriran desde las 7: 00 A. M. hasta las 7:00
P. M. el 4th de April , 1987 para votar en la Eleccion
General para elegir para la destituir de Consejero femenina
Sandra Donovan, Consejero Lugar 6. .
LOCATION OF POLLING PLACE: First United Methodist Church
Fellowship Hall
(DIRECCION DE LAS CASILLAS ELECTROALE) : Uno Unidad Iglesia
Methodist Felofip
Hol
Absentee voting by personal appearance will be conducted
each weekday at 108 S. Jackson, City Hall in the City
Secretary' s Office between the hours of 8: 00 A. M. and 5: 00
P. M. beginning on March 16, 1987 and ending on March 31 ,
1987.
(La votacion en ausencia en persona se llevara a cabo de
lunes a viernes en 108 S. Jackson, Ciudad Hol , Ciudad
Secretario' s Oficio, entre las 8:00 de la manana y las 5: 00
de la tarde empezando el March 16, 1987 terminado el March
31 , 1987. )
Applications for ballot by mail shall be mailed to:
(Las solicitudes para boletas que se votaran en ausencia por
correb deberan enviarse a: ) `-
Carolyn Jones, City Secretary
Absentee Voting Clerk
P O Box 428
Wylie, Texas 75098
Applications for ballots by mail must be received no later
than the close of business on March 27, 1987.
(La solicitudes para boletas que se votaran en ausencia por
correo deberan recibirse para el fin de las horas de negocio
el March 27, 1987. )
Issued this the 24th day of February, 1987.
(Emitada este dia 24th de February, 1987.
Chuck Trimble, Mayor
Chuck Trimble, Alcalde
��
ORDER OF ELECTION FOR MUNICIPALITIES
An election is hereby order to be held on April 4, 1987 for
the purpose of :
RECALL OF COUNCILWOMAN SANDRA DONOVAN, COUNCIL PLACE 6
Absentee voting by personal appearance will be conducted
each weekday at 108 S. Jackson, Wylie, Texas, between the
hours of 8: 00 A. M. and 5: 00 P. M. beginning on March 16,
1987 and ending on March 319 1987.
Applications for ballot by mail shall be mailed to:
Carolyn Jones, City Secretary
Absentee Voting Clerk
P O Box 428
Wylie, Texas 75098
Applications for ballots by mail must be received no later
than the close of business on March 27, 1987.
Issued this the 24th day of February, 1987.
Chuck Trimble, Mayor
9 5
0R0EN DE ELECC%ON PARA MUNDC%p,IOS
Por la presente se ordena que se llevara a cabo una eleccion
el April 4, 1987 con el proposito de:
PARA LA DESTITUIR DE CONSEJERO FEMENINA SANDRA DONOVAN,
CONSEJERO LUGAR 6
La votacion en ausencia en persona se llevara a cabo de
lunes a viernes en 108 S. Jackson, entre las 8: 00 de la
manana y las 5: 00 de la trade empezando el March 16, 1987
y terminando el March 31 , 1987.
Las solicitudes para boletas que se votaran en ausencia por
correct deberan enivarse a:
Carolyn Jones, Ciudad Secretariat
Votacion En Ausencia
P O Box 428
Wylie, Texas 75098
Las solicitudes para boletas que se votaran en ausencia por
correo deberan recibirse para el fin de las horas de negocio
el March 27, 1987.
Emitida este dia 24th de February, 1987.
----------------------------
Chuck Trimble, Alcalde
�� ��
•
APPLICATION
TO
r--1 Board of Adjustment and Appeals (Building) ORDINANCE 83-15
Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5
Q Planning and Zoning Commission ORDINANCE 81-5 '
NAME Albritton Development Co.
ADDRESS 5956 Sherry Lane, Suite 2000, Dallas, Texas 75225
Eel Multi-Family KOOK (Townhome) of
SUBDIVISION Westgate Phase I
BASIS OF APPLICATION:
IInterpretation
ISpecial exception for use or development
LiVariance
x Rezoning
Exception to Building Code
EXPLANATION:
To upgrade zoning from Multi-Family Townhome to Single Family
Detached (SF-3) in Westgate Phase I Subdivision.
For:, Aim( Develfwe4 Cp"ipa"y
1111.nifoti . ,rntwi 6
SIGNITURE of APPLICANT1,,;4 .1 ' ‘I 444- lh?
DATE
Must be accompanied by filing fee of $
Received:
Date:
CODE ENFORCEMENT OFFICER
•
ZONING DESCRIPTION
BEING a tract of land situated in the E.C. Davidson Survey, Abstract No. 266,
City of Wylie, Collin County, Texas, being part of Westgate, Phase I, an addition
to the City of Wylie, as recorded in Cabinet F, Pages 793 and 794, of the Collin
County Plat Records,and being more particularly described as follows:
BEGINNING at a point in the south tight-of-way line of FM 3412 (90' width), said
point being both the northwest corner of 268.879 acre tract of land conveyed by
deed to N.C. Jeffries in Volume 1703, Page 784 of the Deed Records of Collin
County, Texas, and approximately 40' south of the northeast corner of said
Davidson survey;
THENCE South 00° 58' 50" West along the west line of said Jeffries tract a
distance of 310.67 feet to a point for comer,
THENCE South 70°54'27"West a distance of 316.37 feet to a point for comer,
THENCE North 19° 05' 33" West a distance of 20.00 feet to a point on a curve to
the left having a central angle of 71° 02' 16" and a radial bearing and distance of
South 70°55'50"West 214.25 feet;
THENCE along said circular curve to the left an arc distance of 265.63 feet and a
chord bearing and distance of North 54° 35' 18" West 248.95 feet to the point of
tangency;
THENCE South 89°59'34"West a distance of 180.00 feet to a point for corner,
THENCE North 00° 00' 26" West a distance of 251.21 feet to a point in the south
right-of-way line of aforementioned FM 3412;
THENCE North 89° 59' 34" East along said south right-of-way line a distance of
294.45 feet to the northwest corner of a tract of land described as an exception
to a tract of land conveyed by deed to Sal Del Rey Properties, Inc., as recorded
in Volume 1663, Page 451, Deed Records of Collin County,Texas;
THENCE the following beatings and distances along said exception tract to points
for comer.
South 00°22'55"East,261.93 feet;
North 88°46' 59"East, 169.96 feet;
North 00°04' 18"West, 130.96 feet;
North 52° 13'55"East, 14.84 feet;
North 00° 14'06"West, 118.29 feet to the south right-of-way
of aforementioned FM 3412;
THENCE North 89° 59' 34" East along said south right-of-way line a distance of
216.55 feet to the POINT OF BEGINNING and CONTAINING 0.5915 acres or 25,764
square feet of land.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO
81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the laws of the
State of Texas with reference to the granting of zoning
changes under the zoning ordinance and zoning map, have
given requisite notices by publication and otherwise, and
after holding due hearings and affording a full and fair
hearing to all property owners generally, the said Governing
Body is of the opinion that the said change of zoning which
is on application of _�JJl������ ��0���x�' should
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1 . That the Comprehensive Zoning Ordinance of the
City of Wylie, Texas, be and the same is hereby amended by
amending the Zoning Map of the City of Wylie, to give the
hereinafter described property a new zoning district
classification to-wit:
Single _FAM1ly-3
Said property being described as follows:
See attached
c�/
SECTION 2. That all ordinances of the City in conflict with
the provisions of this ordinance be, and the same are
hereby, repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 3. That the above described property shall be used
only in the manner and for the purposes provided for in the
Comprehensive Zoning Ordinance of the City as amended herein
by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal or invlaid,
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 Comprehensive Zoning
Ordinance as a whole.
SECTION 5. That any person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200. 00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SEC' ION 6. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the 24tb day of -__Fehr `nr_y v
1987 ._ _
Chuck Trimble, Mayor
ATTEST:
Carolyn Jones, City Secretary
•
•
•
ZONING DESCRIPTION
BEING a tract of land situated in the EC. Davidson Survey, Abstract No. 266,
City of Wylie, Collin County, Texas, being part of Westgate, Phase I, an addition
to the City of Wylie, as recorded in Cabinet F, Pages 793 and 794, of the Coffin
County Plat Records,and being more particularly described as follows:
BEGINNING at a point in the south right-of-way line of FM 3412 (90' width), said
point being both the northwest corner of 268.879 acre tract of land conveyed by
deed to N.C. Jeffries in Volume 1703, Page 784 of the Deed Records of Collin
County, Texas, and approximately 40' south of the northeast corner of said
Davidson survey;
THENCE South 00° 58' 50" West along the west line of said Jeffries tract a
distance of 310.67 feet to a point for comer;
THENCE South 70°54'27"West a distance of 316.37 feet to a point for corner;
THENCE North 19° 05' 33" West a distance of 20.00 feet to a point on a curve to
the left having a central angle of 71° 02' 16" and a radial bearing and distance of
South 70°55'50"West 214.25 feet;
THENCE along said circular curve to the left an arc distance of 265.63 feet and a
chord bearing and distance of North 54° 35' 18" West 248.95 feet to the point of
tangency;
THENCE South 89°59'34"West a distance of 180.00 feet to a point for corner;
THENCE North 00° 00' 26" West a distance of 251.21 feet to a point in the south
right-of-way line of aforementioned FM 3412;
THENCE North 89° 59' 34" East along said south right-of-way line a distance of
294.45 feet to the northwest corner of a tract of land described as an exception
to a tract of land conveyed by deed to Sal Del Rey Properties, Inc., as recorded
in Volume 1663,Page 451,Deed Records of Collin County,Texas;
THENCE the following bearings and distances along said exception tract to points
for comer:
South 00°22'55"East,261.93 feet;
North 86°46'59"East, 169.96 feet;
North 00°04' 18"West, 130.96 feet;
North 52° 13'55"East,14.84 feet;
North 00° 14'06"West, 118.29 feet to the south right-of-way
of aforementioned FM 3412;
THENCE North 89° 59' 34" East along said south right-of-way line a distance of
216.55 feet to the POINT OF BEGINNING and CONTAINING 0.5915 acres or 25,764
square feet of land.
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.1. --A Federal Emergency Management Agency
a ,,, Region VI, Federal Center, 800 North Loop 288
° Denton, Texas 76201-3698
NTH December 30, 1986
Mr. Roy Faires
Floodplain Administrator
City of Wylie
Post Office Box 428
Wylie, Texas 75098
Dear Mr. Faires:
Recently, you received correspondence from the National Office of the
Federal Emergency Management Agency (FEMA) concerning recent Federal,.
changes to the National Flood Insurance Program (NFIP). These changes
became effective October 1, 1986 and require that all communities par-
ticipating in the NFIP update their regulations to incorporate the
changes.
Enclosed for your use is a model ordinance which contains the minimum
requirements of the NFIP as well as the recent changes. Adoption and
submittal to this office must be accomplished by April 1, 1987. You
may choose to adopt the ordinance as is, rescinding your present flood
damage prevention ordinance. However, since these provisions represent
only the minimum requirements, we recommend and encourage you to con-
sider adopting more stringent regulations at this time which will pro-
vide greater level of protection against flooding. Some of these
recommended, stronger measures are:
- Require lowest floor elevation of both residential and non-
residential structures to ONE or MORE feet above the base
flood elevation
(In Unnumbered A Zones the minimum requirement is to use the best avail-
able data from a Federal, State or other local source for requiring ele-
vation.)
- In unnumbered A Zones (flood hazard areas •without base flood
elevations where it is required that you use the best avail-
able data) require one of the following actions as a condition
of a permit:
.Z/�
-2-
a) Determine an elevation from the nearest bench mark within
a C Zone and require the lowest floor of the structure in
the unnumbered A Zone to be one (1) foot above such eleva-
tion.
b) Where flooding history is greater than the above elevation,
require lowest floor elevation to or above such level of
flooding.
c) Require elevation of the lowest floor to TWO OR MORE feet
above the HIGHEST ADJACENT GRADE next to the building site.
d) Require that the base flood elevation be established through
an engineering study and then use this data for requiring the
lowest floor elevation to ONE FOOT above the base flood eleva-
tion.
- The minimum regulations provide that for subdivisions of five (5)
acres or more or 50 lots or more whichever is less, the base flood
elevations must be developed by the builder and this data used to
regulate development within that area. We would recommend that you
consider extending this requirement to subdivisions (commercial and
residential) which are smaller in size i.e. , subdivisions of 3 acres
or 30 lots, whichever is less.
- Prohibit the placement of any manufactured housing (mobile homes)
within the areas which have been identified as regulatory floodways.
(The recent changes remove this restriction if an engineering
analysis with hydraulics and hydrology computations prove that no
increase in the base flood elevation would be caused.)
- For areas outside the identified flood hazard areas which have
experienced flooding or where heavy development is occurring, re-
quire a specific degree of elevation to compensate for the loss
of stormwater storage or drainage areas.
Please keep in mind that the National Flood Insurance Program regulations
are minimum only. In a completely developed watershed area, flooding from
the 100-year flood event may still damage structures which have their low-
est floors built at the base flood elevation. Thus, we encourage you to
consider strengthening your ordinance requirements to protect against such
occurrences.
-3—
Additionally, your community should include within the ordinance, the
specific enforcement measures and related penalties or fines to be imposed
for failure to comply with the provisions of the ordinance. Although the
ordinance is a legally enforceable document without such language, ease of
enforcement will be strengthened by providing the enforcement language.
Prior to April 1, 1987, please submit to the address below, one (1) copy
of the signed, adopted ordinance which incorporates the October 1, 1986
revisions; and (2) a copy of the Development/Building Permit Form which
your community uses to implement the floodplain regulations:
Federal Emergency Management Agency
Attention: Maryetta Cunningham
Natural & Technological
Hazards Division
800 North Loop 288 — FRC
Denton, Texas 76201-3698
Should you need assistance in the adoption of your ordinance or have
other questions relating to this correspondence, you may contact me at
(817) 898-5161 or Roy Sedick, Texas Water Commission, (512) 463-8013.
The State is providing assistance to us in this project and will be
pleased to provide this technical assistance to you.
Sincerely, -�
4°‘::5
Maryetta nin am
Natural Hazar Program
Specialist
Natural & Technological
Hazards Division
Enclosure
ORDINANCE
BEING AN ORDINANCE TO CONTROL CONSTRUCTION IN AREAS SUBJECT
TO FLOODING, CONTAINING A SEVERANCE CLAUSE, CONTAINING A
PENALTY CLAUSE, AND DECLARING AN EMERGENCY.
This ordinance shall be known as the Flood Damage Prevention
Ordinance.
WHEREAS: The Legislature of the State of Texas has in
Vernons Annotated Texas Civil Statues delegated the
responsibility to local governmental units to adopt
regulations designed to minimize flood losses, and
WHEREAS: The flood hazard areas of the City of Wylie are
subject to periodic inundation which results in loss of life
and property, health and safety hazards, disruption of
commerce and governmental services, and extraordinary public
expenditures for flood protection and relief, all of which
adversely affect the public health, safety and general
welfare, and
WHEREAS: These flood losses are created by the cumulative
effect of obstructions in floodplains which cause an
increase in flood heights and velocities, and by the
occupancy of flood hazard areas by uses vulnerable to floods
and hazardous to other lands because they are inadequately
elevated, floodproofed or otherwise protected from flood
damage.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS THAT:
ARTICLE_4.
SECTION A. STATEMENT_OF_PURPOSE,_
It is the purpose of this ordinance to promote the
public health, safety and general welfare and to minimize
public and private losses due to flood conditions in
specific areas by provisions designed to:
( 1 ) Protect human life and health ;
(2) Minimize expenditures of public money for costly flood
control projects;
(3) Minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at the
expense of the general public;
(4) Minimize prolonged business interruptions;
(5) Minimize damage to public facilities and utilities such
as water and gas mains, electric, telephone and sewer lines,
streets and bridges located in floodplains;
(6) Help maintain a stable tax base by providing for the
sound use and development of flood-prone areas in such a
manner as to minimize future blight areas; and
(7) insure that potential buyers are notified that property
is in a flood area.
SECTION B. METHODS_OF_REDUCING FLOOD-LOSSES.
In order to accomplish its purposes, this ordinance
uses the following methods:
( 1 ) Restrict or prohibit uses that are dangerous to health,
safety or property in times of flood, or cause excessive
increases in flood heights or velocities.
(2) Require that uses vulnerable to floods, including
facilities which serve such uses, be protected againist
flood damage at the time of the initial construction;
(3) Control the alteration of natural floodplains, stream
channels, and natural protective barriers, which are
involved in the accommodation of flood water;
(4) Control filling, grading, dredging and other
development which may increase flood damage;
(5) Prevent or regulate the construction of flood barriers
which will unnaturally divert flood waters or which may
increase flood hazards to other land.
ARTICLE_II,,_
DEFINITIONS-Unless specifically defined below, words or
phrases used in this ordinance shall be interpreted to give
them the meaning they have in common usage and to give this
ordinance its most reasonable application.
APPEAL-means a request for a review of the Flood Plain
Administrator' s interpretation of any provision of this
ordinance or a request for a variance.
AREA OF SHALLOW FLOODING-means a designated AO, AH, or VO
zone on a community' s Flood Insurance Rate Map (FIRM) with a
one percent ( 1%) chance or greater annual chance of flooding
to an average depth of one to three feet where a clearly
defined channel does not exist, where the path of flooding
is unpredictable and where velocity flow may be evident.
Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD-is the land in the floodplain
within a community subject to a one percent or greater
chance of flooding in any given year. The area may be
designated as Zone A on the Flood Hazard Boundary Map
(FHBM) . After detailed ratemaking has been completed in
preparation of the FIRM, Zone A usually is refined into
Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V.
BASE FLOOD-means the flood having a one percent chance of
being equalled or exceeded in any given year.
CRITICAL FEATURE-means an integral and readily identifiable
part of a flood protection system, without which the flood
protection provided by the entire system would be
compromised.
DEVELOPMENT-means any man-made change in improved and
unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
ELEVATED BUILDING-means a nonbasement building ;
( i ) built, in the case of a building in Zones A1-30,
AE, A, A99, AO, AH, B, C, X, and D, to have the top of the
elevated floor, or in the case of a building in Zones V1-30,
VE, or V, to have the bottom of the lowest horizontal
structure member of the elevated floor elevated above the
ground level by means of pilings, columns (posts and piers) ,
or shear walls parallel to the floor of the water, and
( ii ) adequately anchored so as not to impair the
structural integrity of the building during a flood of up to
the magnitude of the base flood. In the case of Zones A1-
30, AE, A, A99, AO, AH, B, C, X, D, "elevated buildings"
also includes a building elevated by means of fill or solid
foundation perimeter walls with openings sufficient to
facilitate the unimpeded movement of flood waters. In the
case of Zones V1-20, VE, or V, "elevated building", even
though the lower area is enclosed by means of breakaway
walls if the breakaway walls meet the standards of Section
60. 3 (e) (5) of the National Flood Insurance Program
regulations.
EXISTING CONSTRUCTION-means for the purposes of determining
rates, structures for which the "start of construction"
commenced before the effective date of the FIRM or before
January 1, 1975, for FIRMs effective before that date.
"Existing construction" may also be referred to as "existing
structures".
FLOOD OR FLOODING-means a general and temporary condition of
partial or complete inundation of normally dry land areas
from:
( 1 ) the overflow of inland or tidal waters.
(2) the unusal and rapid accumulation or runoff of
surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM) -means an official map of a
community, on which the Federal Emergency Management Agency
has delineated both the areas of special flood hazards and
the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY-is the official report provided the
Federal Emergency Management Agency. The report contains
flood profiles, water surface elevation of the base flood,
as well as the Flood Boundary-Floodway Map.
FLOODPLAIN OR FLOOD-PRONE AREA-means any land area
susceptible to being inundated by water from any source (see
definition of flooding) .
FLOOD PROTECTION SYSTEM-means those physical structural
works for which funds have been authorized, appropriated,
and expended and which have been constructed specifically to
modify flooding in order to reduce the extent of the areas
within a community subject to a "special flood hazard" and
the extent of the depths of associated flooding. Such as
system typically includes hurricane tidal barriers, dams,
reservoirs, levees or dikes. These specialized flood
modifying works are those constructed in conformance with
sound engineering standards.
FLOODWAY (REGULARTORY FLOODWAY) -means the channel of a river
or other watercourse and the adjacent land areas that must
be reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation more
than a designated height .
FUNCTIONALLY DEPENDENT USE-means a use which cannot perform
its intended purpose unless it is located or carried out in
close proximity to water. The term includes only docking
facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship
building and ship repair facilities, but does not include
long term storage or related manufacturing facilities.
HIGHEST ADJACENT GRADE-means the highest natural elevation
of the gound surface prior to construction next to the
proposed walls of a structure.
LEVEE-means a man-made structure, usually an earthen
embankment, designed and constructed in accordance with
sound engineering practices to contain, control, or divert
the flow of water so as to provide protection from temporary
flooding.
LEVEE SYSTEM-means a flood protection system which consists
of a levee, or levees, associated structures, such as
closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
LOWEST FLOOR-means the lowest floor of the lowest enclosed
area ( including basement ) . An unfinished or flood resistant
enclosure, usable solely for parking or vehicles, building
access or storage in an area other than a basement area is
not considered a building' s lowest floor; provided that such
enclosure is not built so as to render the structure in
violation of the applicable non-elevation design requirement
of Section 60. 3 of the National Flood Insurance Program
regulations.
MANUFACTURED HOME-means a structure transportable in one or
more sections, which is built on a permanent chassis and is
designed for use with or without a permanent foundation when
connnected to the required utilities. For flood plain
management purposes the term "manufactured home" also
includes park trailers, travel trailers, and other similar
vehicles placed on a site for greater than 180 consecutive
days. For insurance purposes the term "manufactured home"
does not include park trailers, travel trailers, and other
similar vehicles.
MEAN SEA LEVEL-means for purposes of the National Flood
Insurance Program, the National Geodetic Vertical Datum
(NGVD) of 1929 or other datum, to which base flood
elevations shown on a community' s Flood Insurance Rate Map
are referenced.
NEW CONSTRUCTION-means for flood plain management purposes,
structures for which the "start of construction" commenced
on or after the effective date of a flood plain management
regulation adopted by a community.
START OF CONSTRUCTION- (for other than new construction or
substantial improvements under the Coastal Barrier Resources
Act (Pub. L. 97-348) ) , includes substantial improvements and
means the date the building permits was issued, provided the
actual start of construction, repair, reconstruction,
placement, or other improvements was within 180 days of the
permit date. The actual start means either the first
placement of permanent construction of a structure on a
site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a
manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading
and filling ; nor does it include excavation for basement,
footings, piers or foundations or the erection of temporary
forms; nor does it include the installation on the property
of accessory buildings, such as garages or shed not occupied
as dwelling units or not part of the main structure.
STRUCTURE-means a walled an roofed building, including a gas
or liquid storage tank, that is principally above ground, as
well as a manufactured home.
SUBSTANTIAL IMPROVEMENT-means any repair, reconstruction or
improvement of a structure, the cost of which equals or
exceeds 50% of the market value of the structure either;
( 1 ) before the improvements or repair is started, or
(2) if the structure has been damaged and is being
restored, before the damage occured.
For the purpose of this definition "substantial improvement "
is considered to occur when the first alteration of any
wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects
the external dimensions of the structure. The term does
not, however, include either;
( 1 ) any project for improvement of a structure to
comply with existing state or local health, sanitary, or
safety code specifications which are solely necessary to
assure safe living conditions, or
(2) any alteration of a structure listed on the
National Register of Historic Places or a State Inventory of
Historic Places.
VARIANCE-is a grant of relief to a person from the
requirements of this ordinance when specific enforcment
would result in unnecessary hardship. A variance,
therefore, permits construction or development in a manner
otherwise prohibited by this ordinance. (For full
requirements see Section 60. 6 of the National Flood
Insurance Program regulations. )
VIOLATION-means the failure of a structure or other
development to be fully compliant with the community' s flood
plain management regulations. A structure or other
development without the elevation certificate, other
certifications, or other evidence of compliance required in
Section 60. 3 (b) (5) , (c) (4) , (c) ( 10) , (d) (3) , (e) (2) ,
(e) (4) , or (e) (5) is presumed to be in violation until such
time as that documentation is provided.
WATER SURFACE ELEVATION-means the height, in relation to the
National Geodetic Vertical Datum (NGVD) of 1929 (or other
datum, where specified) , of floods of various magnitudes and
frequencies in the flood plains of coastal or riverine
areas.
ARTICLE 3.
SECTION A. LANDS_TO_WHICH_THIS_ORDINANCE_APPLIES�
The ordinance shall apply to all areas of special flood
hazard with the jursidiction of the City of Wylie.
SECTION B. BASIS_FOR_ESTABLISHING_THE_AREAS_OF_SPECIAL
FLOOD_HAZARD�
The areas of special flood hazard identified by the
Federal Emergency Management Agency in a scientific and
engineering report entitled, "The Flood Insurance Study for
the City of Wylie, Collin, Dallas and Rockwall County' s in
the State of Texas" dated March 16, 1986, with accompanying
Flood Insurance Rate Maps and Flood Boundary-Floodway Maps
(FIRM and FBFM) and any revisions thereto are hereby adopted
by reference and declared to be a part of this ordinance.
SECTION C. ESTABLISHMENT_OF_DEVELOPMENT_PERMIT�
A Development Permit shall be required to ensure
conformance with the provisions of this ordinance.
SECTION D. COMPLIANCE �_
No structure or land shall hereafter be located,
altered, or have its use changed without full compliance
with the terms of this ordinance and other applicable
regulations.
SECTION E. ABROGATION_AND_GREATER_RESTRICTIONS�
This ordinance is not intended to repeal, abrogate, or
impair any existing easements, covenants, or deed
restrictions. However, where this ordinance and another
conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
SECTION F. INTERPRETATI94-
In the interpretation and application of this ordinance, all
provisions shall be;
( 1 ) considered as minimum requirements;
(2) liberally construed in favor of the governing
body;
(3) deemed neither to limit nor repeal any other
powers granted under State statues.
SECTION G. WARNING_AND_DISCLAIMER_OR_LIABILITY�
The degree of flood protection required by this ordinance is
considered reasonable for regulatory purposes and is based
on scientific and engineering considerations. On rare
occasions greater floods can and will occur and flood
heights may be increased by man-made or natural causes.
This ordinance does not imply that land outside the areas of
special flood hazards or uses permitted within such areas
will be free from flooding or flood damages. This ordinance
shall not create liability on the part of the community or
any official or employee thereof for any flood damages that
result from reliance on this ordinance or any administrative
decision lawfully made thereunder.
���
ARTICLE 4.
SECTION A. DESIGNATION_OF_THE_FLOODPLAIN_ADMINISTRATOR�
The City Manager or his designated representative is
hereby appointed the Floodplain Administrator to administer
and implement the provisions of this ordinance and other
appropiate sections of 44 CFR (Nation Flood Insurance
Program Regulations) pertaining to flood plain management.
SECTION B. DUTIES_&_RESPONSIBILITIES_OF_THE_FLOODPLAIN
AMINISTRATOR�
Duties and responsibilities of the Floodplain
Administrator shall include, but not be limited to, the
following :
( 1 ) Maintain and hold open for public inspection all
records pertaining to the provisions of this ordinance.
(2) Review permit application to determine whether
proposed building site will be reasonable safe from
flooding.
(3) Review, approve or deny all applications for
development permits required by adoption of this ordinance.
(4) Review permits for proposed development to assure that
all necessary permits have been obtained from those Federal,
State, or local governmental agencies ( including Section 404
of the Federal Water Pollution Control Act Amendments of
1972, 33 U. S. C. 1334) from which prior approval is required.
(5) Where interpretation is needed as to the exact
location of the boundaries of the areas of special flood
hazards (for example, where there appears to be a conflict
between a mapped boundary and actual field conditions) the
Floodplain Administrator shall make the necessary
interpretation.
(6) Notify, in riverine situations, adjacent communities
and the State Coordinating Agency which is the Texas Water
Commission, prior to any alteration or relocation of a
watercourse, and submit evidence of such notification to the
Federal Emergency Management Agency.
(7) Assure that the flood carrying capacity within the
altered or relocated portion of any watercourse is
maintained.
(8) When base flood elevation data has not been provided
in accordance with Article 3, Section B, the Floodplain
Administrator shall obtain, review and reasonably utilize
any base flood elevation data and floodway data available
from a Federal, State or other source, in order to
administer the provisions of Article 5.
(9) When a regulatory floodway has not been designated,
the Floodplain Administrator must require that no new
construction, substantial improvements, or other development
( including fill ) shall be permitted within Zones A1-30 and
AE on the community' s FIRM, unless it is demonstrated that
the cumulative effect of the proposed development, when
combined with all other existing and anticipated
development, will not increase the water surface elevation
of the base flood more than one foot at any point within the
community.
��
SECTION C. PERMIT_PROCEDURE0-
( 1 ) Application for a Development permit shall be
presented to the Floodplain Administrator on forms furnished
by him/her and may include, but not be limited to, plans in
duplicate drawn to scale showing the location, dimensions,
and elevation of proposed landscape alterations, existing
and proposed structures, and the location of the foregoing
in relation to areas of special flood hazard. Additionally,
the following information is required :
(a) Elevation ( in relation to mean sea level ) , of the
lowest floor ( including basement ) of all new and
substantially improved structures;
(b) Elevation in relation to mean sea level to which
any nonresidential structure shall be floodproofed ;
(c) A certificate from a registered professional
engineer or architect that the nonresidential floodproofed
structure shall meet the floodproofing criteria of Article
5, Section B (2) ;
(d) Description of the extent to which any watercourse
or natural drainage will be altered or relocated as a result
of proposed development.
(e) Maintain a record of all such information in
accordance with Article 4, Section B ( 1 ) .
(2) Approval or denial of a Development Permit by the
Floodplain Administrator shall be based on all of the
provisions of this ordinance and the following relevant
factors:
(a) The danger to life and property due to flooding or,
erosion damage;
(b) The susceptibility of the proposed facility and
its contents to flood damage and the effect of such damage
on the individual owner;
(c) The danger to life and property due to flooding or,
erosion damage;
(d) The compatibility of the proposed use with
existing and anticipated development ;
(e) The safety of access to the property in times of
flood for ordinary and emergency vehicles;
(f) The cost of providing governmental services during
and after flood conditions including maintenance and repair
of streets and bridges, and public utilities and facilities
such as sewer, gas electrical and water systems;
(g) The expected heights, velocity, duration, rate of
rise and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the site;
(h) The necessity to the facility of a waterfront
location, where applicable;
( i ) The availability of alternative locations, not
subject to flooding or erosion damage, for the proposed use;
(j > The relationship of the proposed use to the
comprehensive plan for that area.
.�/�
SECTION D. VARIANCE-PROCEDURW-
( 1 ) The Appeal Board as established by the community shall
hear and render judgement on request for variances from the
requirements of the ordinance.
(2) The Appeal Board shall hear and render judgement on an
appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the
Floodplain Administrator in the enforcement or
administration of this ordinance.
(3) Any person or persons aggrieved by the decision of the
Appeal Board may appeal such decision in the courts of
competant jurisdiction.
(4) The Floodplain Administrator shall maintain a record
of all actions involving an appeal and shall report
variances to the Federal Emergency Management Agency upon
request.
(5) Variance may be issued for the reconstruction,
rehabilitation or restoration of structures listed on the
Nation Register of Historic Places or the State Inventory of
Historic Places, without regard to the procedures set forth
in the remainder of this ordinance.
(6) Variances may be issued for new construction and
substantial improvements to be erected on a lot of one-half
acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood
level, providing the relevant factors in Section C (2) of
this Article have been fully considered. As the lot size
increases beyond the one-half acre, the technical
justification required for issuing the variance increases.
(7) Upon consideration of the factors noted above and the
intent of this ordinance, the Appeal Board may attach such
conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this
ordinance (Article 1, Section C) .
(8) Variances shall not be issued within any designated
floodway if any increases in flood levels during the base
flood discharge would result.
(9) Prerequisites for granting variances:
(a) Variances shall only be issued upon a
determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief.
(b) Variance shall only be issued upon;
(i ) Showing a good and sufficient cause;
( ii ) A determination that failure to grant the variance
would result in exceptional hardship to the applicant, and
( iii ) A determination that the granting of a variance will
not result in increased flood heights, additional threats to
public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or
conflict with existing local laws or ordinances.
(c) Any application to whom a variance is granted
shall be given written notice that the structure will be
permitted to be built with the lowest floor elevation below
the base flood elevation, and that the cost of flood
insurance will be commensurate with the increased risk
resulting from the reduced lowest floor elevation.
�
( 10) Variances may be issued by a community for new
construction and substantial improvements and for other
devlopment necessary for the conduct of a functionally
dependent use provided that ;
( i ) The criteria outlined in Article 4, Section D ( 1 > -
(9) are met, and
( ii ) The structure or other development is protected
by methods that minimize flood damages during the base flood
and create no additional threats to public safety.
ARTICLE 5.
SECTION A. GENERAL_STANDARDQ.
In all areas of special flood hazards the following
provisions are required for all new construction and
substantial improvements;
( 1 ) All new construction or substantial improvements shall
be designed (or modified) and adequately anchored to prevent
flotation, collapse or lateral movement of the structure
resulting from hydrodynamic and hydrostatic loads, including
the effects of buoyancy;
(2) All new construction or substantial improvements shall
be constructed by methods and practices that minimize flood
damage;
(3) All new construction or substantial improvements shall
be constructed with materials resistant to flood damage;
(4) All new construction or substantial improvements shall
be constructed with electrical, heating, ventilation,
plumbing, and air conditioning equipment and other service
facilities that are designed and/or located so as to prevent
water from entering or accumulating within the components
during conditions of flooding.
(5) All new and replacement water supply systems shall be
designed to minimize or eliminate infiltration of flood
waters into the system;
(6) New and replacement sanitary sewage systems shall be
designated to minimize or eliminate infiltration of flood
waters into the system and discharge from the systems into
flood waters; and,
(7) On-site waste disposal systems shall be located to
avoid impairment to them or contamination from them during
flooding.
SECTION B. SPECIFIC_STANDARDS�
In all areas of special flood hazards where base flood
elevation data has been provided as set forth in;
( i ) Article 3, Section B,
( ii ) Article 4, Section B,
( iii ) Article 5, Section C (4) , the following provisions
are required :
( 1 ) Residential Construction-new construction and
substantial improvements of any residential structure shall
have the lowest floor ( including the basement ) , elevated to
or above the base flood elevation. A registered
professional engineer, architect , or land surveyor shall
submit a certification to the Floodplain Administrator that
the standard of this subsection as proposed in Article 4,
Section C ( 1 ) a. , is satisfied.
(2) Nonresidential Construction-new construction and
substantial improvements of any commerical, industrial or
other nonresidential structure shall either have the lowest
floor ( including the basement ) elevated to or above the base
flood level or, together with attendent utility and sanitary
facilities, be designed so that below the base flood level
the structue is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall develop
and/or review structural design, specifications, and plans
for the construction, and shall certify that the design and
methods of construction are in accordance with accepted
standards of practice as outlined in the subsection. A
record of such certification which includes the specific
elevation ( in relation to mean sea level ) to which such
structures are floodproofed shall be maintained by the
Floodplain Administrator.
(3) Enclosures-new construction and substantial
improvements, with fully enclosed areas below the lowest
floor that are subject to flooding shall be designed to
automatically equalize hydostatic flood forces on exterior
walls by allowing for the entry and exit of floodwaters.
Designs for meeting this requirement must either be
certified by a registered professional engineer or architect
or meet or exceed the following minimum criteria:
(a) A minimum of two openings having a total net area
of not less than one square inch for every square foot of
enclosed area subject to flooding shall be provided.
(b) The bottom of all openings shall be no higher than
one foot above grade.
(c) Openings may be equipped with screens, louvers,
valves, or other coverings or devices provided that they
permit the automatic entry and exit of floodwaters.
(4) Manufactured Homes-
(a) Require that all manufactured homes to be placed
within Zone A, shall be installed using methods and
practices which minimize flood damage. For the purpose of
this requirement, manufactured homes must be elevated and
anchored to resist flotation, collapse, or lateral movement.
Methods of anchoring may include, but are not limited to,
use of over-the-top or frame ties to ground anchors. This
requirment is in addition to applicable State and local
anchoring requirements for resisting wind forces.
(b) All manufactured homes shall be in compliance with
Article 5, Section B ( 1 ) .
(c) Require that all manufactured homes to be placed
or substantially improved within Zones A1-30, AH and Ae on
the community' s FIRM be elevated on a permanent foundation
such that the lowest floor of the manufactured home is at or
above the base flood elevation; and be securely anchored to
an adequately anchored foundation system in accordance with
the provision of Section B (4) of this Article.
fa
��
SECTION C. STANDARDS_FOR_SUBDIVISION_PROPOSALS^
( 1 ) All subdivision proposals including manufactured home
parks and subdivisions shall be consistent with Article 1,
Sections B, C and D of this ordinance.
(2) All proposals for the development of subdivisions
including manufactured home parks and subdivisions shall
meet Development Permit requirements of Article 3, Section
C; Article 4, Section C; and the provisions or Article 5 of
this ordinance.
(3) Base flood elevation data shall be generated for
subdivision proposals and other proposed development
including manufactured home parks and subdivisions which is
greater than 50 lots or 5 acres, whichever is lesser, if not
otherwise provided pursuant to Article 3, Section B or
Article 4, Section B (8) of this ordinance.
(4) All subdivision proposals including manufactured home
parks and subdivisions shall have adequate drainage provided
to reduce exposure to flood hazards.
(5) All subdivision proposals including manufactured home
parks and subdivisions shall have public utilities and
facilities such as sewer, gas, electrical and water systems
located and constructed to minimize or eliminate flood
damage.
SECTION D. STANDARDS_FOR_AREAS_OF_SHALLOW_FLOODING
iAO/AH_ZONESi,,_
Located within the areas of special flood hazard
established in Article 3, Section B, are areas designated as
shallow flooding. These areas have special flood hazards
associated with base flood depths of 1 to 3 feet where a
clearly defined channel does not exist and where the path of
flooding is unpredictable and where velocity flow may be
evident. Such flooding is characterized by ponding or sheet
flow; therefore, the following provisions apply;
( 1 ) All new construction and substantial improvements of
residential structures have lowest floor ( including
basement ) elevated above the highest adjacent grade at least
as high as the depth number specified in feet on the
community' s FIRM (at least two feet if no depth number is
specified) ;
(2) All new construction and substantial improvements of
nonresidential structures;
( i ) have the lowest floor ( including basement )
elevated above the highest adjacent grade at least as high
as the depth number specified in feet on the community' s
FIRM (at least two feet if no depth number is specified) ,
or ;
( ii ) together with attendant utility and sanitary
facilities be designed so that below the base flood level
the structure is watertight with walls substantially
impermeable to the passage of water and with structural
components having the capability of resisting hydrostatic
and hydrodynamic loads of effects of buoyancy.
(3) A registered professional engineer or architect shall
submit a certification to the Floodplain Administrator that
the standards of this Section, as proposed in Article 4,
Section C ( 1 ) a. , are satisfied.
(4) Require within Zones AH or AO adequate drainage paths
around structures on slopes, to guide flood waters around
and away from proposed structures.
���
SECTION E. FLOODWAYS�
Floodways-located within areas of special flood hazard
established in Article 3, Section B, are areas designated as
floodways. Since the floodway is an extremely hazardous
area' due to the velocity of flood waters which carry debris,
potential projectiles and erosion potential, the following
provisions shall apply;
( 1 ) Encroachments are prohibited, including fill, new
construction, substantial improvements and other development
Hnlggg certification by a professional registered engineer,
or architect is provided demonstrating that encroachments
shall not result in any increase in flood levels within the
community during the occurrence of the base flood discharge.
(2) If Article 5, Section E ( 1 ) above is satisfied, all
new construction and substantial improvements shall comply
with all applicable flood hazard reduction provisions of
Article 5.
In the event of conflict between this ordinance and any
other ordinance of the City of Wylie, or any Federal
Regulation as supplied by the Federal Emergency Management
Administration, the more stringent regulation shall apply.
ARTICLE 6.
SECTION A. 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 not to exceed the
maximum amount permitted by State Law.
SECTION B. SEVERABILITh.
It is hereby 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 jursidiction, 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.
SECTION C. CERTIFICATION�
It is hereby and declared by the City Council of the
City of Wylie, Texas that severe flooding has occured in the
past within its jursidiction and will certainly occur within
the future; that flooding is likely to result in substantial
injury or destruction of property within its jursidiction;
in order to effectively comply with minimum standards for
coverage under the National Flood Insurance Program; and in
order to effectively remedy the situation described herein,
it is necessary that this ordinance become effective
immediately.
Therefore, an emergency is hereby declared to exist ,
and this ordinance being necessary for the immediate
preservation of the public peace, health, and safety shall
be in full force and effect from and after its passage and
approval.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE WYLIE, TEXAS
THIS THE_________________DAY OF____________________ , 1987.
_________________
Chuck Trimble, Mayor
ATTEST:
CERTIFICATE
I, the undersigned, _______________________________, do
hereby certify that the above is a true and correct copy of
an ordinance duly adopted by the City of Wylie, at a regular
meeting duly convened on....................
Date
________ ________ -----------------
Carolyn Jones, City Secretary
(SEAL)
�[y
REQUEST TO BE PLACED ON AGENDA
Date For next Council Agenda. aL. a / 19 O - ---
I , request that the following item be placed on the City
Council Agenda,
ac/-)ke° a-tV _Pitt
Reason for request :
Than:: you,
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M E M O R A N D U M
DATE: Foe P.UA-# 13, ( fig,
TO: Gus H. Pappas, City Manager
FROM: I. W. Santry, Jr. , P.E. , City Engineer
SUBJECT: Plat and/or Plans Approval
NEW POIrr die
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
❑ Preliminary Plat to City Council
Pc\Final Plat to Planning and Zoning
❑ Final Plat to City Council
❑ Construction Plans to City Council for
construction approval only
❑ Final Plat to City Council for subdivision
acceptance along with final inspection statement
COMMENTS: F t i c_ Pt is r /s teL nc it-t M to u � 7-0
C'o M Nr mar 7 C, r .v ► c.
PC'I4 iA�r iPPogoe-criv r 4- ?- / SA-7-is "-es e--
4..v D A N Y A-( /,ve>a Co/2 L Ecc t t9 c c_ ;rig
COHl�C�r LSD Pei /? Ci r)- Ocve-t ' e-
IWS/am
cc: Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File
MEMORANDUM•
DATE: F-e-b I3 PQ 87
TO: Gus H. Pappas, City Manager
FROM: I.W. Santry, Jr. , P.E. , City Engineer
SUBJECT: Plat and/or Plans Approval
t-Pioe c! 10 k 1)1 fI/ Q
The material attached is approved by the Engineering
Department as being complete and acceptable for placement on
the next appropriate agenda.
XPreliminary Plat to Planning and Zoning
❑ Preliminary Plat to City Council
❑ Final Plat to Planning and Zoning
❑ Final Plat to City Council
❑ Construction Plans to City Council for
construction approval only
❑ Final Plat to City Council for subdivision
acceptance along with final inspection statement
COMMENTS: 55Ecr 4rrAct-QED Pe r-rs
IWS/am
cc: Public Works Director
Code Enforcement Officer
Subdivision File
Chronological File
'
.. .
-
NOTES ON WOOD-AKE VILLAGE
PRELIMINARY PLAT
1. Centennial - Araphao Development Joint Venture
representative has agreed to have a note on the final plat
referencing a letter to be agreed to relative to the open
ditch.
2. Any open ditch will be maintained by the Joint Venture
at their cost and meeting City Ordinances.
3. Upon replating or construction on a lot the Joint
Venture will submit storm drain plans and construct the
necessary facility.
4. The above arrangement will allow the maximum
flexibility in use of the land while assuring the necessary
drainage for the City 's system.
Z :-Z
TO: CITY COUNCIL
FROM: GUS PAPPAS, CITY MANAGER
DATE: FEBRUARY 20 , 1987
SUBJECT : REPLAT OF AKIN LANE
At the Planning & Zoning meeting of February 19 , the
proposals outlined for alternate solutions to the Akin Lane
traffic flow problem were presented . The P&Z commission,
several local property owners and the City staff discussed
the various alternatives at some length. It was the
conclusion of the P&Z that while the alternatives had merit,
they obviously were not attractive enough to the local
propety owners to gain their support. In addition, Mr .
Cooper modified his conditions significantly so that the
only request he still made was the retaining wall and a
platting provision that would, to some degree, take care of
his alley concern in paragraph #2 . The staff had no problem
with the wall since we had agreed to that earlier nor was
the alley provision objectionable done the way it was
finally recommended .
Thus, the P&Z recommends the approval of the replat which
realigns the various property lines in the area and grants
finally, a legitimate right-of-way for Akin Lane. Since
this was the staff ' s original goal , we have no objection now
that the terms and conditions have been modified .
It should be noted that by making this decision, the
alternates for traffic flow as stated in the various
alternate proposals would be forever gone. The effort and
expenditure required at some future date to reinstitute any
of those proposals would be so great that no reasonable and
prudent person would then see them as an alternative. One
can say, with perfect candor, that an alternate to the long
complained about traffic flow problem and drainage problem
was proposed and finding little support it is now gone.
TO: CITY COUNCIL
PLANNING & ZONING COMMISSION
FROM: GUS PAPPAS, CITY MANAGER
DATE: FEBRUARY 19 , 1987
RE: RAYMOND COOPER'S ATTACHED CONDITIONS FOR DEDICATING
R.O.W.
Attached you will find an exact copy of the conditions of
donating right-of-way submitted by Mr. Raymond Cooper at a
meeting in the Engineering Dept. scheduled to be the
concluding steps prior to presentation to the Planning &
Zoning Commission and the City Council of a replat of that
portion of the City correcting certain past problems. In
order to facilitate my comments, I will address them subject
to paragraph numbers as delineated on the submitted sheet .
Paragraph #1 . This condition requests that the City set
aside its permit fee as special consideration for the
property donated . Since we do this for no other person or
parties, this would constitute special privilege and would,
in my opinion, create an ethical dilemma for the City of
Wylie. The second portion of this request is more serious .
Here we are asked not to indicate, on the building permit,
that the construction of a fence will add value to the
property; thus, we are defrauding the Central Appraisal
District' s processes of adding value to property through the
building permit records we transmit to that agency. In so
doing, the City would violate State laws in being party to
an inequitable taxing structure as well as being party to an
attempt to defraud the other taxing entities from revenue
which they are entitled to through added value, i .e. , Collin
County, W. I .S.D. , etc. In addition, he asks that this
permit be valid indefinitely, which constitutes the actions
of the currrent Council trying to limit the actions of a
future Council . As you are aware, this could only be done
by general referendum.
Paragraph #2 . This condition implies that the City of Wylie
must today make some agreement that will forever tie its
hands so that in the future it may not make some other
decision. Again such a provision cannot and should not be
done. Things change and cities must have the ability to
change also. While the alley has only marginal benefit,
currently, it may someday be important. Again, as in
paragraph 1 , this violates the tenent that one Council may
not bind future Councils.
Paragraph #3 is the only provision that was discussed in
advance and I have no problem with recommending this
provision. The construction of the retaining wall is
mandatory from an engineering standpoint in cases such as
this. Such a promised agreement to make this kind of
improvement is both ethical and legal and I would support
its ratification.
Paragraph #4 . A visual obstruction exists at the curve
along Akin Lane behind Mr. Cooper ' s home. It has existed
for years and is a lawsuit waiting to happen. On any day
that an accident occurs at the curve, the parties involved
cannot only sue each other but they can sue the "deep
pocket" , the City, for not removing such an obstruction
which is clearly specified in State law. Mr. Cooper has no
such obligation. The obligation is the City' s. Each day
that obstruction created by those trees, is allowed to
remain is one more day that the City is gambling with its
financial future. A million dollar legal settlement would
double the tax rate of the City of Wylie. Since Mr. Cooper
has not seen fit to agree to remove the trees in the past ,
what would make anyone think he would agree to do them after
this document is signed. Further, the removal of those
trees cannot wait until the new street is constructed. It
should have happened months ago and would have except for
the threat of a lawsuit from Mr. Cooper.
Paragraph #5 requests that the City, both now and in the
future (since no time is stated) , agree to never levy an
assessment for improvements along Akin Lane against either
Mr . Cooper or any future property owner for repairs and
improvements to Akin Lane. Again, we have the ethical and
legal dilemma of "different strokes for different folks"
created by the "let' s make a deal" scenario.
Since none of these terms and conditions were discussed in
all of the discussions in the months prior to this final
meeting, save and except the provision in paragraph 3 , it is
difficult for me to comment as to their source. I cannot
recommend to the City Council that they accept the
conditions requested . Far from it, with the exception of
paragraph 3 , I would strongly recommend that you do not
accept these conditions. Further, since these conditions go
far beyond my authority and I think even beyond the
Council ' s authority, I cannot simply reject them. It must
go to you for the rejection process.
Further, it appears that since Mr. Cooper' s property is key
to doing anything about Akin Lane, we must therefore assume
that we are not going to be able to establish a clear right-
of-way for Akin Lane unless we use the power of eminent
domain. It has always been my understanding that the City
Council is reluctant to use that power; therefore, I must
assume that we must now begin to look for alternate
solutions. To that end, the staff has prepared a multi-part
proposal for your review. That proposal is the subject of
another presentation.
P :b
attach (1)
NOTES
This agreement needs to be on the face of the deed or
an addendum to this deed.
For consideration of donating right of way for Akin Lane,
adjacent to Lot 1, Wylwood Estates, ( 301 Dogwood) , the
City of Wylie agrees to the following conditions :
Permit issued at no charge for no additional value for
fence (masonary, wood, etc. ) to be constructed on property
line. The permit to be valid indefinitely.
City to guarantee that there would never be an attempt to
establish or connect a through alley way from the existing
Akin Lane to Dogwood Court, thereby eliminating any possi-
bilities of creating a throughway.
City would agree to build concrete retainer wall when new
street is constructed, if street level is significantly
lower that the lot level..
City would agree to not remove or other wise significantly
alter trees or shrubs until such time as the new street is
constructed, ( except by mutual agreement) , between the
City and Lot 1, property owner.
City would agree not to levy charges or assesments against
Lot 1, Wylwood, ( 301 Dogwood) , for building, re-building
or any maintenance or any other charges pertaining to Akin
Lane.
SALLINGER, NICHOLS, JACKSON,'-'
KIRK & DILLARD
(Formerly Saner, Jack,
__
Saa innger&_Nichols) I
µ/RED sALLINa[R Attorneys&Counselors at Law PRESTO
M.LOWS MmCNOL. 1800 Lincoln Plaza 6322 Douglas Ars.Baia 707
LAWR[NCE W.JACKSON 500 N. Akard Dams.Team 76225
TIM KIRK Dallas,Texas 75201 12141 06s-ins
COMM L.DILLARD M.
RO.ERT D.NCMPNMJ. (214)954-3333
ROOM C.
PETER O.SMITN
ROT L. January 1987
owwo M. J ry 26>, RosERT L.DILLARo.JR.
JONM P.ROCHA IN OP COYN.[L
.RYCC A..TOCKARO
PAM SANDAL E.OARIC
Mr. Gus H. Pappas
City Manager
City of Wylie
P. O. Box 428
Wylie, Texas 75098
Re: Prescriptive Easements
Dear Gus:
This is in response to your letter of January 23 concerning the city's intention
to install utility lines in the drainage ditch and area which lies between a roadway
acquired by prescription and the fence erected by the property owner whose property
and fee extend to the centerline of the street.
Among the various state jurisdictions widespread disagreement appears to exist
as to the question of the width or boundaries of a public highway acquired by prescription,
but the varying circumstances in particular cases account to some extent for this
disagreement. There are no statutes involved and, therefore, case authority must be
relied upon.
While there is some authority to the effect that a street taken by prescription
is limited to the beaten or traveled path, there is considerable case authority which
takes a contrary view where other factors are involved such as adjacent drainage ditches
or fences which have been erected by the property owner.
It is my opinion that in Texas where a road is established by prescription, the
right is not limited by the beaten path used, but may be made to include sufficient land
for drainage ditches, repairs and the convenience of the traveling public and that this
is particularly true where the property owner, though owning in fee to the center of
the street has fenced his property to exclude the area of the drainage ditches which
are adjacent to the traveled portion of the roadway.
It is, therefore, my opinion that where a roadway has been acquired by prescription,
that is that it has become dedicated to the public by public use for time in excess of
ten years, the prescriptive right would include sufficient land for the drainage ditches,
repairs and convenience to the traveling public. The city would have the right to
install utility lines within the drainage ditch area.
Mr. Gus H. Pappas
Page 2
January 26, 1987
A prescriptive right is a right that is acquired by the operation of certain facts
which means that an actual determination as to whether or not a prescriptive right
exists can be made only by a court determination that the prerequisite facts do exist in
an action brought by the property owner against the city asserting such rights.
I hope that this has answered your question and if not, please do not hesitate
to give me a call.
Very truly yours,
SALLINGER, NICHOLS, JACKSON,
KIRK ac DILLARD
411F
Lawrence a on
LWJ/sb
WOP87-0125
C
C
�Dy
***************************************************************************
STREET RECONSTRUCTION PROJECT: AKIN LANE
FROM: FIFTH STREET TO: QUAIL HOLLOW CORNER
***************************************************************************
LINEAR FEET OF TOTAL STREET PROJECT 1 ,470.0
WIDTH OF PAVEMENT 31 .0
TOTAL SQUARE FT. 45,570.0
COST OF CONSTRUCTION :
letters,mail & lien filling 455. 70
engineering 1 ,822.80
appraissal services/for liens 2,096. 22
advertisements/public notices 136. 71
preconstruction prep. /valves,manholes,pipe 318. 99
labor, 4 man crew 3,645.60
equipment 7,291 .20
emulsion 22,785. 00
portland cement 4,557.00
rock 1 ,367. 10
2 in. asphalt overlay 16,860. 90
miscellaneous supplies 455. 70
TOTAL CONST. COST 61 ,792.92
COST SHARE SUMMAIRES:
city share of project 63. 1. 39,007. 92
property owners share (one side) 18. 4% 11 ,392.50
property owners share (other side) 18. 4% 11 ,392. 50
_
100. 0% 61 ,792.92
overall cost per square foot this project 1 .36
overall cost per linear foot 42. 04
overall cost per linear front foot / per side 21.02
property owner cost per linear front foot / per side 7. 75
citys' share of linear foot cost / per side 13. 27
MATERIAL COST SUMMARY ANALYSIS:
emulsion 22,785. 00
portland cement 4,557.00
rock 1 ,367. 10
2 in. asphalt overlay 16,860.90
miscellaneous supplies 455. 70
46,025. 70
total materials cost paid by adjacent property owners 22,785.00
materials cost balance absorbed by citys ' share 23,240. 70
7a
*************************************************************************
ANALYSIS OF COST OF VARIOUS PROPOSALS FOR AKIN LANE SOLUTION '
*************************************************************************
PROPOSAL DESCRIPTION COST
*************************************************************************
PROPOSAL A
BUY LOT 2 WYLWOOD 5 16,500
PAVE 27 FT WIDE CONCRETE STREET 8, 100
GIVE OLD ROW TO ADJCT. PROP OWNERS 0
BUILD SMALL PARK / ENHANCE STORM DRAINAGE 5,000
29,600
PROPOSAL B
RIP OUT EXISTING STREET,BARRICADE 2,500
ALLOW MR. COOPERS TOTAL USE OF PROP. 0
'
2,500
PROPOSAL C
REDUCE AKIN LN ALONG CEMETARY TO ALLEY 0
TELL UTILITIES TO MOVE TO ALLEY o
MAKE ALLEY DEAD END 0
GIVE A PORTION OF PROP TO CEMETARY 0
0
PROPOSAL D
EXTEND FIFTH STREET THRU TO BUTLER 16,200
MAKE DRAINAGE FLOW ALONG FIFTH STREET TO
BUTLER CIRCLE AND THEN ON TO DOGWOOD CIRCLE 0
16,200
PROPOSAL E
PAY FOR DEDICATION OF ROW ALONG DRAINAGE
EASEMENT BETWEEN BUTLER CIRCLE AND DOGWOOD
CIRCLE OR CONDEMN SAME 12,000
INSTALL CONNECTING STREET 13,500
25,500
*******************************************
TOTAL OF PROPOSALS A THRU E 73,800
COST OF IMPROVMENT TO AKIN LANE ' 61 ,794
DIFFERANCE 12,006
POSSIBLE COMBINATIONS OF PROPOSALS
A B C 32, 100
A B C D 48,300
A B C D E 73,800
D 16,200
D E 41 ,700
E 25,500
AKIN LN ONLY 61 ,794
AKIN LN & D 77,994
AKIN LN & D E 103,494
AKIN LN & E 87,294
��
� 1
ov,,,,,,t,
CITY OP' WYLIE
114 N. BALLARD ST. - P.O. BOX 428
WYLIE, TEXAS 75098
(214)442-2236
February 5 , 1987
David Williams
1721 W. Plano Parkway
Suite 106
P. 0. Box 1287
Plano, Texas 75074
Dear Mr. Williams:
The City of Wylie would like to approach you with a
proposition for temporary use of your property on the south
side of Stone Road, known as Quail Hollow.
The City has an immediate need for additional recreation
space and it has occurred to us we might possibly lease , on
a month to month basis , some vacant land for use as soccer
fields. There would be no permanent structures erected ,
only temporary bleachers , goals etc. There would however ,
be parking on the property. There would be no need for a
long term agreement . When you are ready to do any work on
this site, it would only be a matter of days for us to
vacate completely.
If you feel an agreement of this type could be reached
between you and the City, please contact me for further
discuss ' on. Thank you for your consideration.
Gus H. Pap
City Mana er
GHP:bl
—%,
"IVO
I _
1
DAVE WILLIAMS
HOMES ' L
February 13 , 1987
Mr. Gus H. Pappas
City Manager
114 N. Ballard Street
Wylie, Texas 75098
Dear Mr. Pappas:
I am in receipt of your letter requesting temporary use of our
property on the south side of Stone Road known as Quail Hollow
to be used for soccer fields. I discussed this request with
Dave Williams and he said he would be more than happy to let
the City of Wylie use this land free of charge.
Dave does request that the City commit to clean up after use
and to also provide us with proof of liability insurance
coverage.
Please let me know if we can assist you further.
Sincerely,
Rose R. McKinney
Administrative Assistant
2329 COIT ROAD PLANO,TEXAS 75075
214/596-0747
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CITY OF' WYLIE
114 N. BALLARD ST. — P.O. BOX 428
WYLIE,TEXAS 75098
(214)442-2236
AGREEMENT
Re: Temporary Athletic Field on Quail Hollow, Southside of
Stone Road.
David R. Williams, owner of 72 .968 acres in the City of
Wylie, south of Stone Road in A. Atterberry Survey, Collin
County Abstract 23 does hereby agree to allow the City of
Wylie to make temporary use of said tract of land as playing
fields for both soccer and football . Such use shall be
allowed free of any charges or fees.
The City of Wylie agrees that it will make no permanent
improvements to the land nor will it attempt to establish
any leasehold improvements. It is clearly understood that
the use of the property is temporary and remains at the
pleasure of the owner who may request that the City vacate
the premises and return them to their previous condition
upon written notification to the City Manager with sixty
days notice. The City may layout playing fields, place
portable bleachers on the property, trash cans and goals and
may allow parking of vehicles and the construction of a
temporary drive with culvert for access on and off the
property. Upon vacating of the premises, at the request of
the owner, the City shall remove all sports apparatus and
clean and grade the land back to its original condition.
The temporary drive-way access may remain. The City assumes
all liability connected with any of its authorized
activities on the land, and holds harmless and indemnifies
the owner against any and all claims.
Gus Pappas, City Manager Dave Williams, Owner
PASSED AND APPROVED IN AN OPEN CITY COUNCIL MEETING HELD ON
TUESDAY, FEBRUARY 24 , 1987 .
BIDS FOR 3/4 TON PICK-UP TRUCK
There were eleven (11) bids packets mailed out on January 22, 1987
and four (4) bids were recieved by February 17, 1987.
The bids received from the following:
Bob Tomes Ford - McKinney $12,000.00 - Spec. Bid
Ray Chevrolet - Plan $12,481.89 - Spec Bid
$12,794.31 - Spec bid with
spare tire
Lakeside Chevrolet - Rockwall $12,067.90 - spec bid
7o
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TO: GUS H. PAPPAS, CITY MANAGER
FROM: W. W. "BILL" WINDHAM, DIRECTOR OF PUBLIC WORKS
DATTE: FEBRUARY 19, 1987
SUBJECT: RECOMMENDATION FOR COUNCIL APPROVAL 3/4 TON PICKUP
FOR THE PARK DEPARTMENT.
I am recommending to the City Council the 3/4 ton Ford
pickup from Bob Tomes Ford of McKinney. They are the low
bidder and the first delivery date.
In Your Service,
W. W. Windham
Director of Public Works
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