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10-12-1999 (City Council) Agenda Packet NOTICE OF MEETING Wylie City Council Agenda Tuesday, October 12, 1999 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation Mark Forrest,Murphy Road Baptist Church Pledge of Allegiance Presentations & Proclamations •Proclamation declaring October-, 1999 as Red Ribbon Week. Representatives from the Wylie Police Department Accepting. •Presentation by Ms.Amy Warner, Historic Preservation. Citizens Participation CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion it desired,that item will be removed form the consent agenda and will be considered separately. A. Consider and Act upon approval of the minutes from the Regular Meeting of September 14 and September 28, 1999. B. Consider and act upon approval of a final plat for the Provident Bank Addition,proposed by Provident Bank for the property generally located along the north side of SH 78 and the railroad tracks between Birmingham Avenue and Jackson Street and being all of a.9863 acre tract out of the Samuel B. Shelby Survey,Abstract No. 820, City of Wylie, Collin County, Texas. C Consider and act upon approval of a Resolution of the City of Wylie, Texas,regarding the continued operations of the Garland Sanitary Landfill on Yeager Road and Princeton Road. ITEMS FOR INDIVIDUAL CONSIDERATION 1. Consider and act upon approval of a preliminary plat for the Summit Private School Addition,proposed by Jonvitch,Inc.,for the property generally located at the southwest corner of Brown Street and Rustic Trail and being all of a 4.039 acre tract out of the Samuel B. Shelby Survey,Abstract No. 820, City of Wylie, Collin County,Texas. Consideration of a Resolution 2. Consider and act upon issues surrounding the issuance of debt by the Wylie Economic Development Corporation for the purchase of an industrial facility generally located at 404 S. Highway 78 (Extruders division of Atrium Companies,Inc.). NOTICE OF MEETING Wylie Cit Council Agenda Page of Item No. Agenda Item Action Taken Consideration of Agreement Amendments 3. Consider and act upon approval of an amendment to the City's ambulance service contract with East Texas Medical Center. 4. Consider and act upon approval of an amendment to an Agreement approved August 10, 1999 between the City of Wylie and the Kansas City Southern Railway Company. Staff Reports Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071, Consultation with Attorney; pending or contemplated litigation,Eastfork Special Utility District. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment, In addition to specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this the day of , 1999 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code and appropriate news media contacted. City Secretary Date Notice Removed The Wylie Mammal Complex is Wheelchair accessible.``Sign interpretation or other special`>assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442-8100 or TDD 972/442-S170. MINUTES Wylie City Council Tuesday, September 14, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, September 14, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Jim Swartz,Merrill Young,J.C. Worley and Chris Trout. Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director; Tobin Maples, Planning Director; Chris Hoisted, Consulting Engineer/Hogan Corporation and Barbara Salinas,City Secretary. Invocation&Pledge of Allegiance Councilman Scott was asked to give the invocation and Councilman Swartz was asked to lead the Pledge of Allegiance. Citizens Participation Mike Belt-Owner/Operator of Video Hits Mr.Belt presented the Mayor and Council with a petition of approximately 1,032 signatures in favor of making Kirby a two-way street. Mr. Belt also added that he has been in contact with City Manager,Mike Collins and understood that Kirby would remain one-way throughout the reconstruction of FM544 and SH78, for an estimated completion within 12-18 months. Mr. Collins stated that the intersection construction has offered an opportunity to negotiate improvements to Kirby between SH78 an Birmingham. Ms.Rebecca Smith,Oak Street Ms. Smith used a video presentation to demonstrate the traffic concerns of her neighborhood with regard to cut thorough traffic. Mr. Stanton Forester addressed some of her issues, defining Oak as a collector street. Mr. Foerster stated that the traffic study was not complete and offered several solutions to address resident concerns. Mr.Forester stated that he should have a report ready for Council by the first meeting in November. With regard to the same issue, Mr. Terry Hahn, 502 W. Oak expressed concerns regarding the design and function of suggested devices to manage traffic flow. Ms.Butcheck Ms. Butcheck expressed her concerns regarding the D.R. Horton Development addition. She expressed her concerns regarding sewer and flooding,park land and sidewalk provisions. Ms.Jill Lowery,Newport Harbor Resident Ms. Lowery presented a petition to Council to save the trees. She also inquired as to the recent announcement of Walmart locating in Sachse. Deborah Wages Ms.Wages expressed her concerns regarding a city study for any type of speed reduction of FM1378. She also expressed her concerns regarding the ditch area fronting the Newport Harbor subdivision. The Mayor asked that staff conduct a walk through to evaluate the problems and report back to Council. Wylie City Council Minutes September 14,1999 Page 1 CONSENT AGENDA A. Approval of the Minutes from the Regular Meeting of August 24, 1999 and Special Called Meeting of August 31, 1999. Councilman Scott made a motion to approve the Minutes from the Regular Meeting of August 24, 1999 and Special Called Meeting of August 31, 1999. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. Recess City Council The Wylie City Council was recessed at 7:55 p.m. Call to Order Parks and Recreation Facilities Development Corporation. The Parks and Recreation Facilities Development Corporation was called to order at 7:56 p.m. with the following members present. Shirley Burnett, Gerry Whit,John Mondy, Chris Trout, Joel Scott, and J. C. Worley. Dan Chesnut was absent. 1. Consider and act upon approval of the FY2000 4B Budget,authorizing expenditures for the Community Services Facilities Capital Improvement Plan. Ms. Manson addressed this issue. She provided Council with a brief presentation that included FY99-2000 budgetary proposals. Chris Trout made a motion to approve the FY2000 Budget, authorizing expenditures for the Community Services Facilities Capital Improvement Plan. Gerry Whit seconded the motion. A vote was taken and the motion passed, 6-0. Reconvene City Council The Wylie City Council reconvened at 8:00 p.m. ITEMS FOR INDIVIDUAL CONSIDERATION la. Consider and act upon approval of the FY2000 4B Budget and the Community Services Facilities Capital Improvement Plan. The Mayor explained that this item was related to Item No. 1, voted upon for approval by the Parks and Recreation Facilities Development Corporation. Councilman Scott made a motion to approve the FY2000 4B Budget and the Community Services Facilities Capital Improvement Plan. Councilman Trout seconded the motion. A vote was taken and the motion posed, 7-0. 2. Consider and act upon approval of an Ordinance authorizing the issuance of$3,200,000 General Obligation Bonds,Series 1999,dated September 1, 1999 and all other matters related thereto. Wylie City Council Minutes September 14,1999 Page 2 Mr. Medenech explained that the city is issuing the first$3,200,000 of the$17,940,000 in general obligation bonds authorized by the election held on May 8, 1999. The allocation of bonds is divided as follows: $1,870,000 for Street Improvements,$850,000 for drainage improvements and$480,000 for Park Improvements. The bids were publicly opened on September 14, 1999 at 11 A.M./CDT. Mr. David Medenech, First Southwest, addressed this item. Mr. Medenech addressed items 2, 3, and 4, with clarification by the Mayor that all three items would require a separate vote. Mr. Medenech provided Council with a brief overview of the materials provided by First Southwest with regard to the recent bid opening. Mr. Medenech provided Council with the results of the bidding with recommendations. Councilman Scott had concerns about improving our ratings. Mr. Medenech explained that a 12%Reserve Fund Balance is good,but a higher fund balance would be beneficial. Councilman Scott made a motion to accept the bid of Everan Securities Associates for the purchase of $3,200,000 with an interest rate of 5.392619 and approve an Ordinance authorizing the issuance of$3,200,000 General Obligation Bonds, Series 1999, dated September 1, 1999 and all other matters related thereto. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. 3. Consider and act upon approval of an Ordinance authorizing the issuance of $1,380,000 Waterworks and Sewer System Revenue Bonds,Series 1999, dated September 1, 1999 and all other matters related thereto. Councilman Swartz made a motion to approve an Ordinance authorizing the issuance of$1,380,000 Waterworks and Sewer System Revenue Bonds, Series 1999,dated September 1, 1999 and all other matters related thereto. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. 4. Consider and act upon approval of an Ordinance authorizing the issuance of$410,000 Public Property Finance Contractual Obligations,Series 1999,dated September 1, 1999 and all other matters related thereto. Mr. Medenech made a quick reference to tab 2 of the materials provided by First Southwest. Mr. Medenech mentioned that bonds were placed with the American National Bank of Wyile. He pointed out the scale and the 4.9138 rate,which they considered exceptional and recommended award of bonds to American National Bank of Wylie,Texas. Councilman Worley made a motion to accept the bid of American National Bank of Wylie, Texas for the purchase of $410,000 and approve an Ordinance authorizing the issuance of $410,000 Public Property Financial Contractual Obligations, Series 1999, dated September 1, 1999, and all other matters related thereto. Councilman Scott seconded the motion. A vote was taken and the motion passed, 7-0. The Mayor then called for a 5 minute recess. 5. Consider and act upon approval of an Ordinance of the City of Wylie amending the Budget for Fiscal Year 1999, beginning October 1, 1998 and ending September 30, 1999; repealing all conflicting ordinances containing a severability clause and providing for an effective date. Mr.Brady Snellgrove,Finance Director, addressed this item. Mr. Snellgrove advised Council that all items are those that have been presented to Council previously or are general housekeeping items. Wylie City Council Minutes September 14,1999 Page 3 Councilman Trout made a motion to approve an Ordinance amending the Budget for Fiscal Year 1999,beginning October 1, 1998 and ending September 30, 1999;repealing all conflicting ordinances containing a severability clause and providing for an effective date. Councilman Scott seconded the motion. A vote was taken and the motion passed,7-0. 6. Hold a public hearing and consider and act upon approval of an Ordinance of the City of Wylie, adopting a budget and appropriating resources for fiscal year 2000,beginning October 1, 1999 and ending September 30,2000. Mr. Brady Snellgrove addressed this item, providing Council with a brief background of the FY1999-2000 budget. The Mayor then opened the Public Hearing and asked that anyone who wished to speak in favor of or opposition of the proposed budget to come forward, state their name and address for the record and limiting comments to three minutes. With no response,the Mayor then closed the public hearing. Councilman Scott made a motion to approve an Ordinance of the City of Wylie, adopting a budget and appropriating resources for fiscal year 2000, beginning October 1, 1999 and ending September 30, 2000. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. 7. Consider and act upon approval of an Ordinance fixing the tax rate/levy for 1999 and for the Fiscal Year 1999-2000 budget. Mr. Snellgrove addressed this item. Mr. Snellgrove provided Council with a background and information on the proposed tax rate. Mr. Snellgrove stated that the proposed tax rate is Seventy cents($0.70)per$100 of assessed value. He stated that the city was in good financial shape and that we had met all requirements with meeting and publication notices. Mr. Snellgrove stated that the tax ordinance will generate new levies of$2,677,066 to the General Fund and$1,044,685 to the General Obligation Debt Service Fund. The Mayor then opened the Public Hearing and asked that anyone who wished to speak in favor of or opposition of the proposed tax rate/levy to come forward,state their name and address for the record and limiting comments to three minutes. With no response,the Mayor then closed the public hearing. Councilman Trout asked to make a statement. He stated that he understands the need for an increase in the tax rate and issuance of the bonds,however,he hopes that when our growth catches up to have the ability to roll back taxes. Councilman Trout made a motion to approve an Ordinance fixing the tax rate/levy for 1999 and for the Fiscal Year 1999-2000 budget. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. 8. Hold a public hearing to consider a request from D.R. Horton Custom Homes,for approval of a zone change from A(Agricultural)to PD(Planned Development) and a preliminary plat for the property generally located along the west side of FM 1378 directly across the street from the Newport Harbor development,and being a 136.339 acre tract of land situated in the William Patterson Survey,Abstract No. 716,City of Wylie,Collin County,Texas. Wylie City Council Minutes September 14,1999 Page 4 Councilman Worley abstained from discussion and vote on Item No. 8 and completed the appropriate Conflict of Interest Affidavit. Mr.Maples addressed this item. Mr. Maples provided Council with a brief history of this request and was then available for questions. Mr.Maples stated that a representative of D.R. Horton was also available for comment and questions. Mr. Tony Krause, Engineer for D.R. Horton was present and addressed Council on this item. Mr. Krause provided Council with a brief background on this item. Mr. Krause described the features of the proposed subdivision and was then available for questions from Council. Council had concerns and questions regarding the widening of FM1378 and issues this may create,parkland and flood plain areas;what other builders will be building within this subdivision or will D.R. Horton be exclusive and public safety access. Council also made reference to the concerns of the citizens regarding flooding and drainage issues. Council raised concerns with regard to the sidewalk issue. Mr. Krause stated that the parkland dedication exceeds what our city ordinance requires and the design,with regard to flooding and drainage will comply with city codes and engineering recommendations. With regard to the sidewalk issue,Mr. Krause stated that by providing wrought iron fencing and masonry screening they could not provide sidewalks on FM1378,but suggested that sometimes the State may provide as part of the cost when they widen. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor of or in opposition of the request to come forward,state their name and address for the record and limit comments to three minutes. Mrs.Butschek, 1755 FM 1378 In addition to her previously stated concerns,Mrs.Butschek commented on the parkland dedication and the seven acres that are in the flood plain. She also expressed concerns regarding the gated community and the consequences of the$300,000 homes not selling. Jill Lowery,Newport Harbor Ms. Lowery expressed concerns with regard to flooding/drainage and sidewalks. She compared the Newport Harbor issues they now face to what could happen with the D.R. Horton addition. With no further response,the Mayor then closed the public hearing. Mayor Mondy made a motion to approve the request from D.R. Horton Custom Homes,for approval of a zone change from A (Agricultural)to PD(Planned Development) and a preliminary plat for the property generally located along the west side of FM 1378 directly across the street from the Newport Harbor development, and being a 136.339 acre tract of land situated in the William Patterson Survey,Abstract No. 716,City of Wylie, Collin County, Texas. Councilman Trout seconded the motion but asked that the developer take into consideration the concerns expressed by the Planning&Zoning Commission and City Council upon approval of the final plat. Councilman Scott expressed his concerns regarding the provision for sidewalks and suggested an escrow amount initiated with the possibility of State funding when FM1378 is widened to take care of sidewalk concerns. Councilman Trout withdrew his second to the motion. Mayor Mondy then withdrew his motion for further discussion. Wylie City Council Minutes September 14,1999 Page 5 There was further discussion regarding the procedure to secure sidewalk provisions. A representative of D.R. Horton Homes came forward and addressed this issue. He stated that they would be willing to pay one half of the cost of the sidewalk construction into an escrow fund. It was decided that perhaps the Home Owners Association could pay for half,with fees built into the association documents. Councilman Trout made a motion to approve the request from D.R. Horton Custom Homes,for approval of a zone change from A(Agricultural)to PD(Planned Development)and a preliminary plat for the property generally located along the west side of FM 1378 directly across the street from the Newport Harbor development, and being a 136.339 acre tract of land situated in the William Patterson Survey,Abstract No. 716,City of Wylie, Collin County, Texas, addressing all concerns raised by the Planning and Zoning Commission and the City Council. Councilman Swartz seconded the motion. A vote was taken and the motion passed,6-0. Councilman Worley abstained. 9. Hold a public hearing and consider a request from Brookshires Grocery Co.,for approval of a zone change from R(Retail)to B-1 (Business)for the property generally located along the east side of SH 78 in front of the Brookshire Grocery Store and being a.9028 acre(39,325 sq.ft.) strip of land situated in the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. Mr.Maples addressed this item.Mr.Maples stated that the applicant provided a brief history of the request. He stated that at the August 17, 1999 Planning and Zoning Meeting, Commission voted to deny this case. P&Z concerns are traffic congestion; approaches to Highway 78; on site circulation once pump islands are installed; future parking needs of Brookshires Groceries and building line locations of the pump islands. Mr. Maples stated that applicant has asked that requesting that this item be sent back to the Commission, as they did not have representation at the P&Z meeting of August 17, 1999,due to a miscommunication. They wish an opportunity to address these concerns. Staff is recommending to send this case back to P&Z for consideration at their regular meeting of October 5, 1999 to come before Council at the regular meeting of October 26, 1999;reference to these dates will keep staff from readvertising the case. Council had concerns that the public would not be notified or have opportunity to be heard at the public hearing. It was determined that it would be in the best interest of the public to readvertise and allow applicant and public input. Mr. Maples stated that staff would process as Council desired and perhaps we could waive the fees for the applicant. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor of or in opposition of the request to come forward,state their nameand address for the record and limit comments to three minutes. Jill Lowery Ms. Lowery asked why the fees would be waived. Mr. Maples stated that this was only a suggestion. Councilman Swartz clarified that the fees had been paid once. With no further response,the Mayor then closed the public hearing. Councilman Scott made a motion to table this item and send back to the Planning & Zoning Commission. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0. Wylie City Council Minutes September 14,1999 Page 6 10. Consider and Act Upon a Final Plat for the Sanden Addition,proposed by BSM Engineers,Inc., for Sanden International(USA),generally located at the southeast corner of FM 544 and Sanden Boulevard and being all of a certain 90.3099 acre tract situated in the Duke Strickland Survey, Abstract No.841,City of Wylie,Collin County,Texas. Mr. Maples addressed this item by providing Council with a brief background of the final plat request. Councilman Swartz made a motion to approve the final plat for the Sanden Addition, proposed by BSM Engineers,Inc.,for Sanden International(USA),generally located at the southeast corner of FM 544 and Sanden Boulevard and being all of a certain 90.3099 acre tract situated in the Duke Strickland Survey,Abstract No. 841, City of Wylie,Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. 11. Consider and act upon approval for Work Order No. WYL-37 authorizing The Hogan Corporation to proceed with paving improvements along Kirby Street from SH78 to Birmingham. Mr. Chris Hoisted,Consulting Engineer/Hogan Corporation, addressed this item. Mr. Hoisted provided Council with a brief summary of the project and work order. Councilman Scott made a motion to approve Work Order No. WYL-37 authorizing The Hogan Corporation to proceed with paving improvements along Kirby Street from SH78 to Birmingham. Councilman Worley seconded the motion. A vote was taken and the motion passed, 7-0. Work Session Discussion regarding Amendments to the Existing Ambulance Contract. City Manager,Mike Collins provided an overview of the situation and offered the work session as an opportunity to share information and take formal action at the first meeting in October. East Texas Representatives Mr. Tony Myers,Vice President/C.O.O and Mr. Randy Strozyk provided Council with a summary of their situation,citing rapid growth and health care changes as contributors to their need for assistance in order to continue to provide service to the community. The options East Texas offered were to 1) assist the City of Wylie in securing another ambulance provider,or 2)offer subsidy to offset financial losses. There was discussion as to how to provide financial assistance including membership promotion through the City of Wylie and levels of service that could be expected. There was considerable discussion on suggested alternatives. City Manager, Mike Collins stated that with Council's direction, the details of any proposed amendments to the existing contract will be worked out and presented to Council at the regular meeting of October 12, 1999. Wylie City Council Minutes September 14,1999 Page 7 Adjournment.,' John Mondy,Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes September 14,1999 Page 8 MINUTES Wylie City Council Tuesday, September 28, 1999 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order,Tuesday, September 29, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, Jim Swartz, Merrill Young, and Chris Trout. Councilman J.C.Worley was absent. Staffmembers present were: Mindy Manson,Assistant City Manager;Brady Snellgrove,Finance Director; Shan English,Fire Chief;Jeff Butters,Police Chief; Rick Daddio,Interim Public Works Superintendent; and Chris Holsted,Consulting Engineer/Hogan Corporation. Invocation& Pledge of Allegiance Councilman Scott was asked to give the invocation. Councilman Trout was asked to lead the Pledge of Allegiance. Presentations& Proclamations Councilman Young read a Proclamation declaring October 3-9, 1999 as Fire Prevention Week. Chief English and members of the Wylie Fire Department,including"Sparky"the fire dog,accepted. Citizens Participation Mr. John Anderson, 330 Callie Court, addressed Council regarding concerns on drainage issues and discrepancies in an assessment from previous drainage improvements in the Wylie Ranch Estates subdivision. The Mayor stated that these issues would be addressed in the Work Session following the Council Meeting. Ms. Jill Lowry, 1819 Spinnaker Way, addressed Council to restate her concerns about a drainage ditch and drainage issues in the Newport Harbor subdivision. She requested that the issues be addressed before Fox and Jacobs completes construction in the subdivision. Mr.Thomas Pilon and Ms. Margaret Pilon,6935 Taylor Lane,addressed Council regarding the disannexation of their property.They provided Council with a written request and supporting information prior to the Council Meeting.The Mayor stated that Council or Staff would discuss options with the City Attorney and inform them of any decisions. ITEMS FOR INDIVIDUAL CONSIDERATION Approval of an Ordinance 1. Consider and act upon approval of an Ordinance amending Code of Ordinances, Chapter 18 (Animals),Section 18-6,Subsection 9(d),changing the length of time required to hold impounded animals from seven(7)to three(3) days,and to allow an Animal Control Officer to destroy animals. Wylie City Council Minutes September 28,1999 Page 1 Chief Jeff Butters addressed this item. Chief Butters informed Council that the current ordinance is out of date and that the new ordinance allows for more cost efficient procedures. Mayor Mondy requested that Council table this issue for further discussion. Councilman Scott made a motion to table this issue and discuss it in a future Work Session along with discussions concerning the animal shelter. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,6-0. Approval of Work Orders 2. Consider and act upon approval for Work Order No. WYL-32 authorizing The Hogan Corporation to proceed with paving improvements along Ballard Avenue from Stone Road south past Alanis to the City limits. Mr.Chris Hoisted,of the Hogan Corporation,addressed this item.Mr. Hoisted stated that this project was part of the 1999 Bond projects. He stated that is has been recommended to complete the construction on Ballard before the construction of Alanis to ensure a more logical traffic flow.He provided Council with information on the design and construction of the project,as well as cost estimates. Councilman Scott requested clarification on the project boundaries and asked if the project would conflict with the Kirby project. Mr. Hoisted stated that it would not conflict with the construction of Kirby. He stated that Kirby should be complete by the start of the Ballard project. The Mayor requested a time line and map of the current and impending projects from the Hogan Corporation. Mr.Hoisted stated that both items were in the process of being developed. Councilman Swartz made a motion to approve Work Order No.WYL-32 authorizing the Hogan Corporation to proceed with paving improvements along Ballard Avenue from Stone Road south past Alanis to the City limits. Councilman Scott seconded the motion. A vote was taken and the motion passed 6-0. 3. Consider and act upon approval for Work Order No. WYL-33 authorizing The Hogan Corporation to proceed with sewer improvements along Muddy Creek from the existing W WTP and Lift station at Hwy 78 to the Woodbridge development, and from the Woodbridge Development to the future WWTP. Mr.Hoisted addressed this item. Mr.Hoisted stated that this project is also part of the 1999 Bond projects. He explained that this project connects the City's existing sewer system to the future Waste Water Treatment Plant. He provided Council with the construction details and cost estimates. Councilman Scott asked if all of our sewer lines would be in place for the project.Mr.Hoisted stated that The Hogan Corporation would need to obtain some right-of-ways as part of the design phase of the project. Councilman Scott made a motion to approve Work Order No.WYL-33 authorizing The Hogan Corporation to proceed with sewer improvements along Muddy Creek from the existing WWTP and Lift station at Hwy 78 to the Woodbridge development, and from the Woodbridge Development to the future WWTP. Councilwoman Allen seconded the motion.A vote was taken and the motion passed,6-0. Wylie City Coundl Minutes September 28,1999 Page 2 4. Consider and act upon approval for Work Order No. WYL-34 authorizing The Hogan Corporation to proceed with lift station and force main improvements along Rush Creek. Mr. Hoisted addressed this item Mr. Hoisted stated that this project is part of the 1999 Bond project. He provided Council with information on the construction and cost of the project. Councilman Scott asked if the land for the project has been acquired.Mr.Hoisted stated that the land would be acquired in the next two weeks. Councilwoman Allen made a motion to approve Work Order No.WYL-34 authorizing The Hogan Corporation to proceed with lift station and force main improvements along Rush Creek. Councilman Swartz seconded the motion. A vote was taken and passed,6-0. 5. Consider and act upon approval for Work Order No. VVYL-35, authorizing The Hogan Corporation to proceed with drainage improvements for Presidential Estates Subdivision. Mr.Hoisted addressed this item.He stated that this project was also part of the 1999 Bond project,and has been identified as the first drainage project to be constructed He provided. Council with cost estimates and construction details of the project. Councilman Scott made a motion to approve Work Order No.WYL-34 authorizing The Hogan Corporation to proceed with lift station and force main improvements along Rush Creek. Councilman Swartz seconded the motion. A vote was taken and passed,6-0. Staff Reports Assistant City Manager Mindy Manson reported on the schedule of the construction on the railroad crossings at Highway 78 and FM544. She stated that the new track should be completed in January/February. She explained that there has been some delays due to negotiations between TXDOT, and property owners on the Northwest corner. Councilman Swartz inquired on the date of the 78/544 intersection construction. Ms. Manson stated that the construction should start in November. Mr. Brady Snellgrove,Finance Director, stated that he had no reports,but would answer any questions from Council. Councilman Young stated that he has been informed that TXU may be putting pressure on industry in Wylie concerning the decrease in residential rates vs.industrial rates.Mr. Snellgrove stated that he is involved in the coalition and they are discussing this issue. Mayor Mondy announced a brief recess before convening into Work Session at 7:35 p.m Work Session Presentation&Update from Chris Hoisted,City Engineer/Hogan Corporation regarding the following: • Drainage Issues/Wylie Ranch Estates • Drainage Issues/General • Newport Harbor Ground Storage Tank Wylie City Council Minutes September 28,1999 Page 3 Mr. Chris Hoisted informed Council of his discussions with Mr. Will Morrow regarding the correction/completion of drainage issues in the Wylie Ranch Estates subdivision. Mr. Hoisted stated that he would be having further discussions with Mr. Morrow,once the City established his responsibility. There was discussion with the residents of Wylie Ranch Estates about the condition of the land and drainage before the drainage improvements. Mr. Hoisted and Council discussed a resolution to the drainage issues and cost estimates. Mr.Hoisted stated that the cost to correct the problems would be about$75,000.00-$100,000.00. Mr. Hoisted stated that he would research the original project description as well as the drainage prior to the original project in order to determine responsibility of the City,contractor,and/or property owner. Council stated that they would like this issue resolved as soon as possible and asked that Mr.Hoisted keep them informed.The Mayor stated that council would determine what action would be taken based on recommendations from The Hogan Corporation,and that residents would be informed of these actions. Mr.Hoisted also addressed drainage issues in generaL He described the benefits and concerns of several different types of drainage. Mr. Hoisted made the following recommendations to the City concerning future drainage: +Increase easement width for open channel drainage. •Establish design limits to designate the type of drainage allowed;enclosed or concrete lined. Mr.Hoisted discussed the ground storage tank in the Newport Harbor subdivision.He described the location and date of installation. He explained the purpose of the tank and stated that it may not improve water pressure problems. Adjournment With no further discussion to come before Council,the meeting was adjourned at 9:20 p.m. John Mondy,Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes September 28,1999 Page 4 WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. B October 12, 1999 Issue: Consider and act upon approval of a final,plat for the Provident Bank Addition, proposed by Provident Bank for the property generally located along the north side of SH 78 and the railroad tracks`>between Birmingham Avenue and Jackson Street and being all of a.9863 acre tract out of the Samuel B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas. Background: The final plat under consideration is for the Provident Bank Addition. The applicant is final platting (replatting a portion of Lot 1R) .9863 acres of land in order to develop the property with business uses (new bank). The property is currently vacant and zoned for I (Industrial)uses. Other Considerations: • Staff has reviewed the proposed plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. As a result, this case must be approved as it complies with state statues and the City of Wylie Subdivision Regulations. • The applicant is aware that site plan approval by the Commission will be required prior to the issuance of building permits. Financial Considerations: Plat application fee - Paid Commission Recommendation: At the September 21, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case. Staff Recommendation: Approval. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Final Plat Application TY1jA , eeie-6)C9- Y d Ire are Revi ed by Finance City Manager Approval A �(� Page 1 of 3 City of Wylie(1/95) APPLICATION AND FINAL PLAT CHECKLIST Date: 6-1-1999 Name of Proposed Development Provident Bank Addition Name of Property Owner/Developer Provident Bank Address 11663 Denton Drive, Suite 103 Phone (972)241-3161 Owner of Record Provident Bank Address 11663 Denton Drive, Suite 103 Phone (972)241-3161 Name of Land Planner Carroll Land Surveyors, Inc. Surveyor/Engineer Bart Carroll Address 1008 Stonewall Drive, Suite `F', Garland, Texas 75043 Phone (972)-840-1506 Total Acreage 0.986 Acres Current Zoning Agricultural Numbers of Lots/Units 1 lot Signed The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals,plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. REC'D J U L 0 91999 RESOLUTION NO. A RESOLUTION OF THE CITY OF WYLIE, TEXAS, REGARDING THE CONTINUED OPERATIONS OF THE GARLAND SANITARY LANDFILL ON YEAGER ROAD AND PRINCETON ROAD. WHEREAS, the City of Wylie expresses its support for the continued operations of the Garland Sanitary Landfill located in the vicinity of Yeager Road and Princeton Road; and WHEREAS, the City of Wylie recognizes that the proper operation of such facilities, as well as other types of plants and facilities, is necessary in order to provide basic service to the citizens of the region and of individual municipalities. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Wylie, Texas, that the City of Wylie supports the continued operations of the Garland Sanitary Landfill located in the vicinity of Yeager Road and Princeton Road. PASSED AND APPROVED at a Regular Meeting of the City Council of the City of Wylie, Texas, on this the day of 1999. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. ( October 12, 1999 Issue: Consider and act upon approval of a preliminary plat for the Summit Private School Addition, proposed by Jonvitch, Inc., for the property generally located at the southwest corner of Brown Street and Rustic Trail and being all of a 4.039 acre tract out of the Samuel B. Shelby Survey, Abstract No. 820,City of Wylie, Collin County, Texas.<'< Background: The preliminary plat under consideration is for the Summit Private School Addition. The applicant is preliminary platting 4.039 acres of land in order to develop the property with a private school (day care facility). The property is currently vacant and zoned for R (Retail) uses. Other Considerations: • Staff has reviewed the proposed plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie except for the rear yard building line. Specifically, the applicant has shown a 10' rear yard building line on the face of the plat(20' required). Staff recommends the applicant revise the face of the plat (change 10' to 20') or remove the rear yard building line altogether as it is not required to be shown. • The applicant is aware that site plan approval by the Commission will be required prior to the issuance of building permits. Financial Considerations: Plat application fee - Paid Commission Recommendation: At the September 21, 1999, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case per staff stipulations. Staff Recommendation: Approval, subject to the rear yard building line revision referenced above (change 10' to 20' per zoning standards). The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Preliminary Plat Preliminary Plat Application )11;ihe Cogi.044- Prepared by R wed y Financ City Manager Approval ..gun 17 `_ 9 OG : 4bio City; or LJ ie- Comrn IJeve Ji _- 4:_ psi 54 elfV OF WYLIE Page of Z. COMMUNITY DEVELOPMENT 2000 HIGHWAY 78 NORTH Cif ` of '4. WYLIE, TEXAS 75098 APPLICATION AND PRELIMINARY PLAT CHECKL D'D JUL 161 9 • Date Name of Proposed Development ✓u M M;A- �r; & J ko e 1 J d d G 1V --- Name of Property Owner/Developer v; e $,vc j Ko vi+c L Pper,'de.v Address zik, N, Ri i+; 77-a i ;Wy/'e; Texas Phone ezz.yriginc7 b71' '3573 Owner of Record 3iiv vi-I-c Cii SN c, & . f*Jsli 4./Ta gia-Lima-5-T0.7 Address 2/6 /1/, Rart;c TrafJ, Wylie, T Phone yl�z.X• 7spgg e71 51573 � ---- - - Name of Land Planner 0 Co,vNa fly ci4/4 f;oe, iVC N CSurveyongineer • �?D1; 3-4,143 \ yJ Address ?7S sk.//,,ca,� .Ia ([3.J TX. 75,24L3 Phone 4.. NA-3116 e � e,14- 'CI - aal(,o f Total Acreage it, d 3R i1 C res.- Current Zoning _ 2 L. Number of Lots/Units ,2 Signed The Preliminary Plat shall be drawn legibly in ink on a Mylar sheet not exceeding 24" x 36', showinc: data on a scale not to exceed 1" = 100' with a graphic scale provided. Three sets of bluelne be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats preoc F<_; using AutoCad or other computer aided design techniques shall also provide a copy of ail diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Regulations, The following checklist is intended only as a reminder and a guide for those requ;- Provided or Not Shown on Plat Applicable 1 , The boundary line (accurate in scale and orientation; or tie n;-. to be subdivided. WYLIE CITY COUNCIL AGENDA ITEM NO. October 12, 1999 Issue Consider and act upon issues surrounding the issuance of debt by the Wylie Economic Development Corporation for the purchase of an industrial facility generally located at 404 S. Highway 78 (Extruders division of Atrium Companies, Inc.). Background In May of 1997, the City of Wylie and WEDC worked with Extruders to facilitate the expansion of Extruders at their current location. Extruders had intended to purchase 4 lots along Cooper Drive and expand west, out the back of their facility. Due to the inefficient layout of the facility and realignment of the cul-de-sac, Extruders chose not to expand. WEDC staff learned in December, 1998 that Extruders was considering relocating their Wylie operations to Rockwall, Texas. Consideration was not given to stay in Wylie because the existing facility in Rockwall was reasonably priced and already designed for extruding operations. WEDC staff conveyed to Mr. George Frost, Extruders President, that the community would assist with a build-to-suit project, but Mr. Frost indicated that it was not financially feasible as much as Extruders would like to stay in Wylie. Staff also learned that a Rockwall extrusion company potentially would occupy the Wylie plant with an option to purchase. At that time, WEDC staff indicated to Mr. Frost that the WEDC would consider purchasing the existing Extruders facility should there be an opportunity. The WEDC's consideration to purchase the existing facility was two fold. First of all, the City of Wylie has no existing industrial facilities available to lease. WEDC control of an industrial building could represent an economic incentive for future prospects. Secondly, a manufacturing company entering into a long term lease with Extruders, with an option to buy, on the largest tract of land on Highway 78 between Brown and F.M. 544, will not lead to the timely redevelopment of the 78 corridor. As per the City of Wylie Comprehensive Land Use Plan,the community is concerned with enhancing our corridors. Considering that the KCS tracks will be removed, and Highway 78 should be expanded in the 2004 time frame, the Extruders tract is obviously important to the Highway 78 corridor redevelopment. On March 23, 1999, the Wylie Economic Development Corporation (WEDC) Board of Directors authorized WEDC staff to negotiate for the purchase of±5 acres of industrial property located at 404 S. Highway 78 for approximately 75% of the assessed real property value, or $1,234,409. Following Extruders acceptance of the offer, staff requested bid packages to finance the purchase from First National Bank of Sachse, Provident Bank of Wylie, American National Bank - Wylie, Wells Fargo Bank, FEC Electric, and Chase Bank of Texas. On July 20, 1999 the WEDC Board of Directors selected American National Bank - Wylie as the financial institution to fund a $1,234,409 loan to purchase the existing Extruders facility. American National bank-Wylie will fund 100% of the requested loan amount at a fixed rate of 6.5% on a 5-year balloon with a 20-year amortization. Background -continued The Economic Development Corporation Act of 1979, as amended, requires that the City Council of the City of Wylie approve the resolutions of the WEDC providing for the approval of the issuance of indebtedness. Providing that the WEDC is pledging future sales tax receipts as collateral for repayment of the note, the Wylie City Council must approve the WEDC Certificate of Corporate Resolution. Financial Consideration The WEDC has budgeted $82,827 for debt service on a note to American National Bank - Wylie for fiscal year 1999 - 2000. Other Consideration The attached documents have been reviewed and approved by the City Attorney. On-going negotiations continue between the WEDC and Extruders for the 205,000 square foot consolidation/expansion of Extruders to Premier Business Park. Negotiations should conclude by October 29, 1999. The WEDC Board of Directors considers the purchase of the Extruders facility a separate issue and is not considered as part of an incentive package. Board/Commission Recommendation Attached for your review is a Certificate of Corporate Resolution which the WEDC Board of Directors will consider and approve at a 7:00 a.m. Board Meeting on October 12, 1999. This resolution authorizes the WEDC Chairman, Mr. John Yeager, to execute the promissory note necessary to borrow $1,234,409, and authorizes the Assistant Secretary, Mr. Gary Bowland, to certify the resolution. The WEDC Board of Directors recommendation will be presented to the Wylie City Council during the Council Meeting on October 12, 1999. Staff Recommendation N/A Attachment Bid proposal - American National Bank of Texas WEDC Certificate of Corporate Resolution City of Wylie resolution approving WEDC Loan n ' ,r jnL4 ( epared b Reviewe Finance City Manager Approval 44:1P THE AMERICAN NATIONAL BANK OF TEXAS ESTABLISHED 1875 July 7, 1999 Board of Directors Wylie Economic Development Corporation VIA HAND DELIVERY Gentlemen: Thank you for the opportunity to consider the Wylie Economic Development Corporation's ("Borrower") loan request for the purchase of approximately five acres and improvements located at 404 Hwy. 78, Wylie. We are pleased to advise you that your application for financing has been approved by The American National Bank of Texas ("Lender")subject to the following terms and conditions: Loan Amount: $1,234,409.00 Term: Sixty (60) months Interest Rate: Six and one-half percent (6.5%)fixed for the term of the Note Repayment: Sixty (60) monthly payments of$9,203.00 beginning approximately thirty (30) days after the date of the Note, with payments based on a twenty-year amortization Collateral: Assignment of Sales Tax Revenues and a first lien Deed of Trust and Assignment of Rents covering the real property purchased • There are a number of other issues relative to closing, funding and servicing of the credit facility described above. These will be specifically addressed in the"Loan Agreement"and other germane documents, which you will have the opportunity to review and comment on. All documentation must be approved by The American National Bank of Texas in its sole discretion. It should be noted that while American National Bank is taking a first lien Deed of Trust on the subject property, the bank will not require you to provide an updated appraisal, environmental study, mortgagee's title policy, survey, or certain other items customarily required on commercial real estate loans. -. This letter of understanding is issued solely for discussion purposes and is not intended to represent or be construed as a binding commitment on behalf of The American National Bank of Texas to make the loan contemplated hereby. No such binding commitment or undertaking shall be deemed made until the conditions set forth herein have been satisfied, the Lender has elected, in its sole discretion, to proceed to make the loan contemplated hereby, the Lender(or its 301 Hwy.78 75098-3944 P.O.Box 1268 Wylie,Texas 75098-1268 Metro(972)442-6565 Phone(972)442-6565 Fax(972)442-2391 Member FDIC Page 2 Wylie Economic Development Corporation counsel) has prepared loan agreements which have been executed by the Borrower and such other parties as required by the Lender, and which have been returned to the Lender, and the Lender has executed such documents or advanced funds in reliance thereon. This term sheet is effective as of the date of this letter. It shall be considered expired as of the close of business on Friday, July 23, 1999. It is our pleasure to be of service to you, and we look forward to a long relationship. We appreciate your business. Sincerely yours, Accepted: The American National Bank of Texas Wylie Economic Development Corp. Yit0/7/i0fLatit 4641.--/ Laura McKethan hn Ye r Vice President Preside CERTIFICATE OF CORPORATE RESOLUTION Date: October 12, 1999 Corporation: Wylie Economic Development Corporation, a Texas Non-Profit Corporation Date of Meeting of Board of Directors: October 12, 1999 We the President and Assistant Secretary of the Corporation, Certify the following facts: 1. The Corporation is a Texas Non-Profit Corporation, organized and operating under the Tex.Rev.Civ.Stat.art 5190.6 Sec 4A, is qualified to do business, and in good standing. 2. No proceeding for forfeiture of the certificate of incorporation or for voluntary or involuntary dissolution of the Corporation pending. 3. Neither the articles of incorporation or the bylaws of the Corporation limit the Board of Directors to pass the resolution below. 4. The President and Assistant Secretary are the persons authorized to make and sign this resolution. 5. The Secretary keeps the records and minutes of the proceeding of the Board of Directors of the Corporation, and the resolution below is an accurate reproduction of the one made in those proceedings; it has not been altered, amended, rescinded, or repealed; and it is now in effect. 6. The resolution below was legally adopted at a legally called meeting of the Board of Directors pursuant to the Texas Open Meetings Act.. 7. The following resolutions were adopted by the Board of Directors: "RESOLVED, that the President, John Yeager, is hereby authorized in the name of this Corporation and its own act to execute the Promissory Note and all other documents necessary to borrow $1,234,409.00 from the American National Bank of Texas to the Corporation and to pledge the Corporation's sales and use tax receipts as security for such Note." "RESOLVED FURTHER, that the Assistant Secretary of the Corporation is directed to certify the minutes of this meeting and the contents of these resolutions and to deliver the certification in support of the authority of the Directors named above to act on behalf of this Corporation." CERTIFICATE OF CORPORATE RESOLUTION-Page 1 Wylie Economic Development Corporation, a Texas Non-Profit Corporation by: John Yeager, President Gary Bowland, Assistant Secretary and Treasurer STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on ,1999 by John Yeager, President of the Wylie Economic Development Corporation, a Texas Non-Profit Corporation. Notary Public in and for The State of Texas STATE OF TEXAS § § COUNTY OF COLLIN § This instrument was acknowledged before me on ,1999 by Gary Bowland, Assistant Secretary and Treasurer of the Wylie Economic Development Corporation, a Texas Non-Profit Organization. Notary Public in and for The State of Texas CERTIFICATE OF CORPORATE RESOLUTION-Page 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, APPROVING THE RESOLUTION OF THE WYLIE ECONOMIC DEVELOPMENT CORPORATION TO OBTAIN A LOAN FROM THE AMERICAN NATIONAL BANK OF TEXAS TO FUND DEVELOPMENT OF INFRASTRUCTURE IN AN BUSINESS PARK; AND DECLARING AN EFFECTIVE DATE. WHEREAS,the Wylie Economic Development Corporation was established by ordinance of the Wylie City Council subsequent to an election to impose and assess a one-half sales tax for economic development within the City of Wylie; WHEREAS, one of the purposes for which the Wylie Economic Development Corporation was established is to provide for the creation of jobs and increase the tax base of the City of Wylie; WHEREAS,the Board of Directors of the Wylie Economic Development Corporation intends to recruit companies to construct facilities within a business park which will provide jobs and increase the tax base (the "Project"); WHEREAS, The American National Bank of Texas has committed to enter into a Loan Agreement to assist in funding the Project; WHEREAS,there has been presented to the City Council of the City of Wylie resolution of the Wylie Economic Development Corporation providing for the approval of a loan proposal from The American National Bank of Texas(Exhibit"A"), pursuant to which The American National Bank of Texas will lend to the Wylie Economic Development Corporation an amount to be used to fund the Project; and WHEREAS, Section 25(f) of the Economic Development Corporation Act of 1979, Article 5190.6, Texas Revised Civil Statutes, as amended, requires that the governing body of the City of Wylie approve the resolutions of the Wylie Economic Development Corporation providing for the approval of the indebtedness no more than sixty(60) days prior to the execution and delivery of the documents evidencing such debt. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, THAT: Section 1. The City Council of the City of Wylie, Texas approve the resolution of the Board of Directors of the Wylie Economic Development Corporation authorizing the Project and approving a loan from The American National Bank of Texas pursuant to the loan proposal and pledging sales tax money to the repayment of that loan from The American National Bank of Texas, adopted by the Wylie Economic Development Corporation on , 1999. Resolution No. Page 2 Section 2. This resolution was approved by the City Council of the City of Wylie, Collin County, Texas on , 1999, at which meeting a quorum was present and voting. ADOPTED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ON THE DAY OF , 1999. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary `VYLIE CITY COUNCIL AGENDA ITEM NO. 3. October 12,1999 Issue Consider and act upon approval of an amendment to the City's ambulance service contract with East Texas Medical Center. Background Approximately two years ago,the cities of Wylie, Murphy, Lucas, Lavon and St. Paul formed the Southeast Collin County EMS Coalition for the purpose of soliciting proposals for a regional ambulance service contract. A proposal was submitted by East Texas Medical Center to provide ems/ambulance service in the Coalition service area at no cost to the participating entities. A zero subsidy contract was subsequently awarded to ETMC by the City of Wylie and the other participating cities. ETMC has recently informed the EMS Coalition that their organization is losing money on the regional contract and can not continue to provide the current level of ems/ambulance service without a subsidy. City staff and representatives of the other coalition members have met with ETMC in order to reach an agreement that would modify the contract and maintain adequate ambulance service in the area. Based upon these discussions, an amendment to the ambulance contract has been drafted and is attached for Council consideration. The changes to the contract are as follows. 1. All participating entities will pay a $ 2.147 per capita subsidy based on current population figures. The City of Wylie's share amounts to a subsidy of$28,940.00 for the next twelve months starting November 1999. 2. Sachse, Parker and Seis Lagos will join the Coalition and pay their fair share of the per capita subsidy. 3. ETMC will deploy only one ambulance in Wylie,to be backed up by their ambulance in Farmersville, when available. They will also donate to the City one fully stocked and equipped MICU ambulance,which will be staffed and operated by the Wylie Fire Department and will become the property of the City. This unit will serve as the second back up ambulance when ETMC's units in Wylie and Farmersville are on calls. A second ambulance will be donated at a later date. This unit will be put in service as soon as one of the other Coalition cities is capable of staffing and operating it. The amendment specifies the responsibilities of each party with regard to these Coalition operated ambulances. 4. ETMC will use any revenue derived from the sale of ambulance service subscriptions to proportionately reduce the amount of the subsidy. The amount of the subsidy will also be reduced in proportion to any subsidy collected from Collin County for ambulance service in the City's service area. 5. ETMC will be allowed to increase the base rate for ambulance service user fees in an amount not to exceed$200.00. Financial Considerations Funding for the$28,940.00 ambulance contract subsidy will have to be allocated in the Combined Services operating budget for FY 2000. $4500 in additional funds will also be budgeted for the increase in Fire Department personnel expense attributable to the operation of the WFD staffed ambulance. The City will be responsible for preventive maintenance on the ambulance; any major driveline repairs will be repaired by ETMC-EMS. Other Considerations The fire department back-up ambulance would be staffed with off duty,part time and volunteer personnel. A minimum of one paramedic and one EMT are necessary to continue the present level of service. The fire department has 12 paramedics and 24 EMT's on the current roster. There are also 7 paramedics currently testing and/or are in paramedic school. An additional contingency plan utilizes on duty personnel(paramedics)to staff the back-up ambulance should the primary plan encounter technical difficulties. Board/Commission Recommendation The Ambulance Board was convened and apprised of the ambulance contract amendments, staffing and the proposed back-up ambulance staffing plan. Staff Recommendation Staff recommends that Council approve the proposed amendment to the ambulance service contract with East Texas Medical Center,with an effective date of November 1, 1999. Attachments Amendment to Contract. a(ii) (Lit 'MALL Gra.. Prepared ((cP , Finan ept. Appro al City Manager Approval AMENDMENT TO MASTER CONTRACT FOR PARAMEDIC AMBULANCE SERVICES BY AND BETWEEN WYLIE, TEXAS AND EAST TEXAS MEDICAL CENTER- EMS WHEREAS,the City of Wylie("the City")and East Texas Medical Center- EMS("ETMC- EMS"), collectively referred to as the "Parties", mutually agree to amend the Master Contract for Paramedic Ambulance Services("the Contract")by and between the City and ETMGEMS, NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein,the Parties agree as follows: I. SUBSIDY 1. The City agrees to pay to ETMC-EMS an annual subsidy of$28,940.00 (Twenty-Eight Thousand-Nine Hundred-Forty Dollars). 2. ETMGEMS agrees that revenue derived from the sale of ambulance service subscriptions in the City's service area shall be used to proportionately reduce the amount of the City's subsidy. 3. ETMGEMS agrees that revenue derived from any subsidy paid to ETMGEMS by Collin County for ambulance service in the City's service area shall be used to proportionately reduce the City's subsidy. H. AMBULANCE DEPLOYMENT 1. Primary Ambulance-ETMGEMS shall staff and deploy one MICU ambulance in the City. 2. ETMC-EMS shall donate to the City one fully equipped and stocked MICU ambulance to be staffed and deployed by the City. This ambulance shall become the property of the City. A second ambulance shall be donated when another entity of the Southeast Collin County EMS Coalition(the"Coalition")becomes capable of staffing and operating it. Responsibilities of the Parties with regard to these units shall be as follows. a. ETMGEMS shall provide all EMS supplies and equipment necessary for the operation of the aforementioned ambulances. b. ETMC-EMS shall provide general liability, ambulance liability, malpractice and excess liability insurance coverage as required in Article V of the Contract. Certificates of insurance shall be furnished as specified. c. The City and/or other entities of the Coalition shall staff and operate the aforementioned ambulance units. d. ETMC-EMS shall pay a $50 stipend,per transported call, to each of the two personnel staffing the ambulance when responding off duty. e. The City and/or other entity operating the aforementioned ambulance units shall provide for automobile liability insurance coverage. £ ETMC-EMS shall be responsible for any maintenance or repair of the drive trains g. ETMC-EMS shall provide the City with another unit during any time that the City operated ambulance is out of service. 3. Backup Ambulance-When the primary ambulance deployed by ETMC-EMS in Wylie is on a call,the first back up unit shall be the ambulance deployed by ETMGEMS at Farmersville,when available. The second back up shall be the ambulance staffed and operated by the City. III. USER FEES- The City agrees that ETMC-EMS may increase the base rate for ambulance service user fees in an amount not to exceed$200.00(Two Hundred Dollars). IV. EFFECTIVE DATE-This amendment to the Contract shall be effective November 1, 1999 and shall remain in effect for a period of twelve months. Upon expiration of this initial term, the Parties shall have the option to renew or renegotiate the terms of the Contract. IN WITNESS WHEREOF,the parties hereto affix their signatures. City of Wylie, By: Date: ETMC- EMS, By: Date: WYLIE CITY COUNCIL AGENDA ITEM NO. 4, October 12, 1999 Issue Consider and act upon approval of an amendment to an Agreement approved August 10, 1999 between the City of Wylie and the Kansas City Southern Railway Company. Background A copy of the August 10, 1999 agenda communication provides background information regarding the Agreement dealing with the relocation of sewer lines at the City's Service Center Annex property. As of the date of this writing, the sewer line project has been substantially complete and the construction of the new rail crossing has begun. The City Council is being asked to consider several amendments to this Agreement. Each has been reviewed by the City Attorney and recommended for approval. Language was added to Section 1.3 that defines the City of Wylie's and KCS's liability associated with the actual sewer line relocation construction work. Section 1.4 clarifies the requirement that the City of Wylie implement a health and safety environmental program during the construction. Section 1.5 establishes the responsibility of the City of Wylie with regard to the groundwater monitoring wells on the site. Section 1.6 establishes that repayment to the City will be no later than June 1, 2000. Financial Considerations N/A Other Considerations The Approval of these revisions t the August 10, 1999 Agreement will be maintained in City files. The project for which the Agreement was developed has been substantially complete. Board and Commission Considerations N/A Staff Recommendation N/A Attachment August 10, 1999 Agenda Communication and Agreement Revised Agreement i\n ikek, eoze.„,„4. 'MALL 41.1.4 Prepared by eviewe Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. August 10, 1999 Consider and act upon approval of an Agreement between the City of Wylie and the Kansas City Southern regarding the relocation of sewer lines. Background In January, 1999 the City of Wylie and the Kansas City Southern Company (KCS) entered into an Agreement which calls for the removal of a portion of the KCS track along S.H. 78 and for the construction of a new track connection through the City's Service Center Annex property. The construction of the new connection necessitates the relocation of sewer lines on that property. Because the January Agreement did not specifically address the terms of the sewer line relocation, the attached Agreement has been proposed by the KCS. The Agreement simply outlines the financial commitment previously negotiated with between the City and the KCS. City Attorney Richard Abernathy has reviewed the Agreement and recommends approval. The contract for the relocation of the sewer lines was awarded June 8 and work is scheduled to begin the week of August 9. Financial Considerations The Agreement sets out that the KCS will pay to the City the lesser of$100,000 or 29% of the total cost of the replacement and relocation of the sewer lines at Closing. Other Considerations N/A Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Agreement (Wu 012kUt-t--5 Pre par byd by Finance City Manager Approval P vie Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 07/27/99 5:06PM;J #228;Page 5/6 Recezvep: 7/23/O9 16:6e; 214 000 0011 -> Abernatny Roeder Roy0 .Joplin; Page 4 07/23/99 FRI 15:58 FAX 214 880 0011 WORSHAM FORSYTHE j004 DRAFT AGREEMENT THIS AGREEMENT("Agreement")is made and entered into as of the day of July, 1999,between the City of Wylie,Texas(the"City"),a Texas municipal corporation,and The Kansas City Southern Railway Company(`KCS"),a Missouri corporation. WIyNESSETK WHEREAS, the City, KCS, and Collin County, Texas, (the "County") a corporate and political body of the State of Texas,entered into that certain Agreement as of January 26, 1999(the "Original Agreement"),that provides in relevant part for KCS to remove its track from a segment of its right-of-way along Highway 78(defined therein as the"78 ROW"),for KCS to connect its track to KCS's other track and right-of-way in the City as generally shown in the Original Agreement(defined therein as the`New Track Connection"),and for KCS to convey the 78 ROW to the County; WHEREAS,the parties have determined that sewer lines, owned and maintained by the City,are in the path of the New Track Connection and should be relocated and replaced prior to its construction; WHEREAS,although the Original Agreement does not expressly provide for the relocation and replacement of the sewer listen,the City and KCS have concurred that the sewer lines should be relocated and replaced and each has suggested that other bear the cost and responsibility for replacing end relocating the sewer lines,and,accordingly,a dispute has arisen between them; WHEREAS,the parties desire to resolve the above described dispute amicably pursuant to paragraph 9.7 of the Original Agreement without resort to litigation and to avoid its attendant cost, expense, uncertainty,and delay; NOW THEREFORE, in consideration of the covenants, conditions, and terms herein contained,the parties mutually agree as follows: ARTICLE ONE RELOCATION OF SEWER LINES .1 The City agrees to do all things reasonably necessary to replace and relocate the sewer lines in accordance with,and as more particularly described on,Exhibit"A,"attached hereto and incorporated herein. 1.2 The City will use its best efforts to complete the replacement and relocation of the sewer lines, and to obtain a no further action letter with respect to the petroleum underground storage tank system formerly located at the Service Center described in the Original Agreement,on or before . 1,3 The City wilt pay all costs incurred ir.replacing and relocating the sewer lines. -1- Sent by: Abernathy Roeder Boyd Joplin 214 544 4040; 07/27/99 5:06PM;f #228;Page 616 Received: 7/23/90 1b:Se; 214 t)OO 0011 •> Ab.rfatny Roeder Boyd Joplin; Pug. 6 . 07/23/99 FRI 15:58 FAX 214 880 0011 WORSHAM FQRSYTHE l�OOb DRAFT 1.4 KCS shall pay to the City the lesser of(a)One Hundred Thousand Dollars(S 100,000.00)or (b)twenty-nine percent(29%)of the total cost of replacement and relocation of the sewer lines at the Closing described in the Original Agreement. ARTICLE TWO AMENAMENT TO ORIGINAL AGREEMENT 2.1 KCS and the City agree that their rights and obligations vis-u-vis each other pursuant to the terms of the Original Agreement are hereby modified solely to expressly provide for the replacement and relocation of the sewer lines pursuant to the provisions hereof. Nothing in this Agreement shall be deemed to have modified and rights and obligations of the County or to have otherwise modified,amended,or waived any provision ofthe Original Agreement including,without limitation,regarding the rights and obligations of the City and KCS vis-a- vis each other. 1N WITNESS WHEREOF,the City of Wylie,Texas and The Kansas City Southern Railway Company have executed this Agreement in multiple counterparts,effective as of the date first above mentioned. ATTEST: CITY OF WYLIE: By: By: Tts: Its: THE KANSAS CITY SOUTHERN RAILWAY COMPANY; By: - Its: ACKNOWLEDGED: By' ---.-- By: Helen Starnes Ronald L.Harris Its: County Clerk,Collin County,Texas Its: County Judge, Collin County,Texas -2- �an+tso+caw i ranrw+ ..�...,••oa 1.0106/9 WED 13:53 FAX 214 880 0011 WORSHAM FORSYTHE Z003 AGREEMENT THIS AGREEMENT("Agreement")is made and entered into as of the day of August, 1999,between the City of Wylie,Texas(the"City"),a Texas municipal corporation,and The Kansas City Southern Railway Company("KCS"),a Missouri corporation. WITNESSETH WHEREAS, the City, KCS, and Collin County, Texas, (the "County") a corporate and political body of the State of Texas,entered into that certain Agreement as of January 26, 1999(the "Original Agreement"), that provides in relevant part for KCS to remove its track from a segment of its right-of-way along Highway 78 (defined therein as the"78 ROW"), for KCS to connect its track to KCS's other track and right-of-way in the City as generally shown in the Original Agreement(defined therein as the"New Track Connection"),and for KCS to convey the 78 ROW to the County; WHEREAS, the parties have determined that sewer lines, owned and maintained by the City,arc in the path of the New Track Connection and should be relocated and replaced prior to its construction; WHEREAS,although the Original Agreement does not expressly provide for the relocation and replacement of the sewer lines,the City and KCS have concurred that the sewer lines should be relocated and replaced and each has suggested that other bear the cost and responsibility for replacing and relocating the sewer lines, and,accordingly,a dispute has arisen between them; WHEREAS,the parties desire to resolve the above described dispute amicably pursuant to paragraph 9.7 of the Original Agreement without resort to litigation and to avoid its attendant cost, expense, uncertainty, and delay; NOW THEREFORE, in consideration of the covenants, conditions, and terms herein contained, the parties mutually agree as follows: ARTICLE ONE RELOCATION OF SEWER LINES 1.1 The City agrees to do all things reasonably necessary to replace and relocate the sewer lines in accordance with,and as more particularly described on,Exhibit"A,"attached hereto and incorporated herein. 1.2 The City will use its best efforts to complete the replacement and relocation of the sewer tines, and to obtain a no further action letter with respect to the petroleum underground storage tank system formerly located at the Service Center described in the Original Agreement,on or before y -1- 10/06/99 WED 13:54 FAX 214 880 0011 WORSHAM FORSYTHE re1004 1.3 The City will pay all costs incurred in or related to replacing and relocating the sewer lines, including, without limitation, any and all costs, claims, damages, liabilities, expenses, including attorneys fees and consultants costs,judgments and orders arising out of or related to the relocation or replacement of the sewer line,including,but not limited to,any alleged liability of City or KCS to a third party, employee or governmental agency for injuries, damages or environmental investigation or remediation costs or obligations incurred or required,whether before or after the conveyance of the premises to KCS,in connection with or resulting from the relocation or replacement of the sewer line. 1.4 The City,or its contractors,shall at all times while performing on-site sewer line relocation and replacement services, implement health and safety worker protection standards in accordance with all applicable state and federal regulations,which standards may include the use of personal protective equipment and ambient air monitoring. 1.5 The City shall be solely responsible for the operation,maintenance,closure and replacement, in accordance with all applicable federal, state and local rules and regulations, of all groundwater monitoring wells located on the Premises. 1.6 KCS shall pay to the City the lesser of(a)One Hundred Thousand Dollars($100,000.00)or (b) twenty-nine percent (29%)of the total cost of replacement and relocation of the sewer lines, on or at the earlier of(i) the Closing described in the Original Agreement, or (ii) June 1, 2000. ARTICLE TWO AMENDMENT TO ORIGINAL AGREEMENT 2.1 KCS and the City agree that their rights and obligations vis-a-vis each other pursuant to the terms of the Original Agreement arc hereby modified solely to expressly provide for the replacement and relocation of the sewer lines pursuant to the provisions hereof. Nothing in this Agreement shall be deemed to have modified any rights and obligations of the County or to have otherwise modified,amended,or waived any provision of the Original Agreement including,without limitation,regarding the rights and obligations of the City and KCS vis-a- vis each other. IN WITNESS WHEREOF,the City of Wylie,Texas and The Kansas City Southern Railway Company have executed this Agreement in multiple counterparts,effective as of the date first above mentioned. -2- 10/06/99 WED 13:54 FAX 214 880 0011 WORSHAM FORSYTHE (i?)005 ATTEST: CITY OF WYLIE: By: By: Its: Its: THE KANSAS CITY SOUTHERN RAILWAY COMPANY: By: Its: ACKNOWLEDGED: By: _ — By: — Helen Starnes Ronald L. Harris Its: County Clerk, Collin County,Texas Its: County Judge, Collin County,Texas -3- p.,quFwmotC5.1 +ffannofai.pt.cd