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08-24-2010 (City Council) Agenda Packet Wylie City Council CT OFF IE NOTICE OF MEETING Regular Meeting Agenda August 24, 2010 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North Eric Hogue Mayor M. G. "Red" Byboth Mayor Pro Tern David Goss Place 1 Kathy Spillyards Place 3 Bennie Jones Place 4 Rick White Place 5 Carter Porter Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: wwwwylietexas,gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www,wylietexas,gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Cotton Belt Corridor Study and Eastern Terminus Alternatives (City of Plano) CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. August 24,2010 Wylie City Council Regular Meeting Agenda Page 2 of 4 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the August 10, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and place on file the City of Wylie Monthly Revenue and Expenditure Report as of July 31, 2010 (L. Bantz, Director of Finance) C. Consider and place on file the Wylie Economic Development Monthly Revenue and Expenditure Report as of July 31, 2010 (S. Satterwhite, WEDC) D. Consider, and act upon, approval for a Replat of the Williams Addition, Block A, Lots 3-5 creating three commercial lots. Subject property being generally located north of FM 544 and approximately 825 feet west of Springwell Parkway. (R. 011ie, Director of Planning) E. Consider and act upon, Ordinance No. 2010-13 amending Section 3 of Ordinance 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (C. Hoisted, City Engineer) REGULAR AGENDA Public Hearing 1. Hold a Public Hearing on the City of Wylie Fiscal Year 2010-2011 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item on the proposed budget; and set and announce the date, time, and place of the meeting at which Council will vote on the final proposed budget. (L. Bantz, Director of Finance) Executive Summary A Public Hearing is required to be held on the fiscal year 2010-2011 Proposed Budget. In addition the time date,time and place that the vote will be taken on the final proposed budget must also be scheduled.All interested persons shall be given an opportunity to be heard,either for or against any item on the proposed budget. At the end of the hearing,the City Council will schedule the date,time and place that the vote will be taken on the final proposed budget. This meeting is currently scheduled for September 14,2010 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 2000 Highway 78 North,Wylie,TX. 2. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultural 30 (AG/30) District to Commercial Corridor (CC) District, generally located at the northeast corner of S.H. 78 and E. Brown Street. ZC 2010-03 (R. 011ie, Director of Planning) August 24,2010 Wylie City Council Regular Meeting Agenda Page 3 of 4 Executive Summary The subject property is located at the northeast corner of S.H. 78 and E. Brown Street and consists of 2.772 acres. The property is currently zoned A-30 and has been used for warehousing/Self-storage purposes in the past and has never been platted. FEMA Floodplain Zone "AE" runs along the northern property line and includes a heavily vegetated tree line. The applicant is requesting to rezone the property to Commercial Corridor (CC) District to allow for a convenience store selling gasoline, beer& wine. A Zoning Exhibit is attached hereto and made part of this request. The zoning exhibit depicts the proposed layout of the facility. A final site plan and final plat will be submitted to the Planning & Zoning Commission and the City Council for recommendation and approval. General Business 3. Consider, and act upon, the appointment of a committee member to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School district City/Schools Partnerships Committee. (M. Manson, City Manager) Executive Summary In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. 4. Consider, and act upon, Resolution No. 2010-28 authorizing the City Manager to execute the Solar Electric Design and Installation Agreement between the City of Wylie and Meridian Solar, to be purchased through a State Energy Conservation Office's (SECO) Energy Efficiency and Conservation Block Grant Agreement. (J. Butters, Assistant City Manager) Executive Summary The City of Wylie has received both an EECBG grant and an Oncor Energy rebate for the design and installation of a PV solar electric system on the Wylie Municipal Complex. Once the funding agreements are finalized, and the City of Wylie gets the notice to proceed, the City will be required to enter into an agreement to design and install the PV solar system with an approved provider. Having the agreement in place in advance will allow us to begin construction sooner. The funds received from the ECBG grant and Oncor will pay for the entire system, the City of Wylie will not incur any costs. The agreement is contingent upon the City obtaining the promised funding for the project, should the funding not be received for any reason the agreement will be null and void. Meridian was recommended to us by CLEAResult Consulting (on behalf of Oncor) as an excellent provider with good experience and reputation. Meridian is on State Contract with the PV system so that all State mandated bidding requirements have been met. 5. Consider, and act upon, Ordinance No. 2010-14, Amending the Code of Ordinances of the City of Wylie by Adopting Article IX (Prohibition of Illegal Smoking Material) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Wylie Code of Ordinances and establishing "Illegal Smoking Products" ("Genie", "Dascents", "Zohai", "Sage", "K-2" and "KO Knock-Out 2, "SALVIA DIVINORUM) to Prohibit the Sale or Delivery of Illegal Smoking Materials to Persons and to Prohibit the Possession of Illegal Smoking Materials by Persons; Providing for Repealing, Savings and Severability Clauses; Providing for a Penalty for the Violation of this Ordinance," and Providing for the Publication of the Caption hereof. (J. Duscio, Police Chief) August 24,2010 Wylie City Council Regular Meeting Agenda Page 4 of 4 Executive Summary These products have grown in popularity among young adults and juveniles. The substances are not yet categorized as illegal controlled substances under state or federal law; and the substances are often used as an alternative to marijuana and are potentially dangerous to users and the long term effects are not yet known.It has been determined that the effects of these substances are a health concern to the citizens of the City of Wylie. The purpose of this ordinance is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices within the city limits of the City of Wylie Staff is recommending the approval of this ordinance. 6. Consider, and act upon, authorizing the purchase of a Fire Station Alerting System to be integrated with the existing Computer Aided Dispatch system and E9-1-1 from US Digital Designs in the amount of$167,713.75 (R. Corbin, Fire Chief) Executive Summary This will provide for the addition of Fire Station Alerting and Automatic Computer Aided Dispatch of Fire/EMS apparatus in compliance with National Fire Protection Association standards and ISO recommendations. This will cut down on response times to citizens and allow simultaneous dispatch of multiple companies to multiple calls while keeping radio traffic free, and freeing up more time for dispatchers to administer emergency medical dispatch to callers. This is part of the upgraded Public Safety Communications system, and is funded through that project. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. WORK SESSION ■ Discussion regarding the signage at the new Municipal City Complex (M. Manson, City Manager) RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 20th day of August, 2010 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Presentation August 24, 2010 City of Wylie Council Agenda : Cotton Belt Corridor Study and Eastern Terminus Alternatives (City of Plano) Cotton Belt Corridor Study and Eastern Terminus Alternatives July 1, 21310 Overview — DART owns 54 miles of the Cotton Belt Corridor from Fort Worth to Wylie. The majority of the rail line is used for freight movement by commercial operators. This east-west corridor has been on the regional mobility plan for many years for future commuter rail service. The Fort Worth Transportation Authority (the T) is currently preparing plans to develop the western half of the corridor to provide passenger service from Ft. Worth to D/FW International Airport (D/FW). The North Central Texas Council of Governments (NCTCOG) recently completed a study of the eastern half of the corridor to examine its potential for passenger service from D/FW to a junction with the DART Light Rail Transit (LRT) Red Line in either Plano or Richardson. In a future phase, Cotton Belt passenger service could be extended to Wylie. The NCTCOG Cotton Belt study identifies issues, conceptual alternative alignments and stations, and it estimates ridership and capital development costs for each alternative. This information is currently being used by DART for the preparation of preliminary engineering plans, environmental studies and implementation strategies. A summary of certain key points from the study are discussed below. Of particular concern are alternative locations for the temporary eastern terminus of the Cotton Belt Line. Cotton Belt Corridor . OR FT 03 ,0 3, , rcw.wrx.xxw.x t IF Waoo v4 z 4491044 , m:a 4'.4�� ` avau ar4a ynn„ .; t � t'S t ti, • k r„ �{5 ;++ Y i � 2+ i'rAG e teY.b max x'Ms^vs i k 1 Rail Technology While portions ofthe Cotton Belt Corridor have been abandoned for freight traffic, the majority of the corridor will remain in use for freight movement. Because of this, passenger vehicles used in the corridor must bereviewed by the Federal Railroad Administration (FRA) for their "crash worthiness" should they collide with a freight train. Passenger vehicles meeting the standards are certified as being "FRA compliant." The T and DART are working together to obtain FRA approval of aself-propelled diesel-electric vehicle that is similar in appearance and performance to a light rail vehicle, The vehicle currently favored is similar to vehicles used by Capital Metro in Austin and the Denton County Transportation Authority DTA . The vehicle is slightly larger than DART LRT vehicles. The proposed vehicle can run as a single car or as a two to four car train. NCTCU calls the vehicle technology °`Light-Rail New Technology" (LRNT). DART refers to it as "Regional Rail," rt c� T sP7 . f�7 s 7 7# ✓ to U ✓ t t c !r ng5 tits 7 5 wkopiodlototetlt��i Y✓F,}} p�1}.� Y t", ��+� Y inn � �gk V�� "��p E? a m� tiu7 a'r a 1,-$01 I ' "'=rnY �I. .r+ y,� p y y gay ' &w£4"'", d'i 77 „ `.3n''4'1 M"V14�a ✓1, 1 iu �� v°� a �� , „,, � n, „ .4� ; � < r v tM v � 14 yC ,� �cx 7 Mr y, {ar M A W , "wa , ike<�a� ar•,... .. s. » ,."u :w"w mow. «,:,,, .,�w +, . ,..,u, Light Rail Compatibility - Under existing federal regulations, the proposed LRNT vehicle cannot share tracks with a LRT vehicle because it is too heavy aan sturdy. The junction of the Cotton Belt and Red Line will require aligning separate tracks and platforms so passengers can transfer from one mode to the other. Even if federal regulations were changed to permit a LRNT vehicle to share tracks with a LRT vehicle, the grade and curvature of existing DART tracks and the platform design specifications are not compatible with the LRNT car design. Passenger Capacity and Volumes - Each LRNT car can carry approximately to passengers (seated and standing). The current plan is for trains to stop at each station every C? minutes during weekday peak hours and every 0 minutes during weekday off-peak hours. Weekend headways would range from 4 to 90 2 minutes. NCTCOG projects approximately 6,000 to 7,000 weekday passenger trips (each direction is a separate trip) by the year 2030 on the Cotton Belt's 22 mile eastern segment (D/FW to the DART Red Line.) By comparison, the DART Red Line from Mockingbird to Parker Road currently averages 14,000 weekday trips. Transit Oriented Development — The Cotton Belt operating plan and projected ridership are not sufficient to produce successful urban mixed-use development. Assuming alternate station configurations (see below), the Cotton Belt study estimates in the year 2030 the weekday daily ridership at the proposed 12 Street Station to be 450 people. Substituting the Bush Station as the temporary terminus, the Bush Station weekday daily ridership in the year 2030 is estimated to be 810 riders (current Bush ridership on the DART Red Line is 1,087). Less than 5% of the riders are estimated to begin or complete their trip on foot. Hopefully, these numbers underestimate the passenger demand, especially the number of people who walk to and from the stations. But even if the actual traffic were three or four times the estimates, Cotton Belt trips alone would be insufficient to create successful development. What drives successful urban mixed-use development? Most successful urban mixed-use projects have an exceptional location, proximity to employment, good accessibility, proximity to high volume regional arterials and excellent design. Addison Circle, Legacy Town Center, Southlake Town Square and the West Village are just a few examples of successful "transitless" urban mixed-use development. Successful transit- oriented developments share the same location and design characteristics, and a well designed and integrated transit station complements the development and enhances its likelihood of success. Transit Ridership DART 2009 Cotton Belt 2030 Alternative Estimates Station Passengers Station Passengers #5 Passengers#6 Lovers Lane 1,151 DFW A/B 790 800 Park Lane 1,923 Airport North 610 620 Walnut Hill 1,125 North Lake 350 350 Forest Lane 1,503 Carrollton 1,400 1,610 LBJ/Central 888 Addison 760 720 Spring Valley 1,095 Knoll Trail X X Arapaho Center 1,124 Preston Road 540 480 Galatyn Park 398 Renner Village X 710 Bush Turnpike 1,087 UTD/Synergy 360 230 Downtown Plano 652 Bush 810 X Parker Road 2.969 12`" Street X 450 Total 13,915 5,600 5,800 3 Development Cost — The NCTCOG study attempts to estimate the cost of various alternatives for developing the Cotton Belt from D/FW to its temporary eastern terminus. Each alternative adds and removes stations, and with the exception of two alternatives that include an extension to McKinney, all the alternatives range from $800 to $900 million. All of the estimates were based on typical costs and multipliers. No actual engineering studies were conducted of station locations, grade crossings or other site factors that will significantly affect costs. DART is currently preparing a preliminary engineering design to further understand alternatives and their costs. Long Term Expansion Plans — The NCTCOG study does not assess the long- term plan to extend rail service to southeast Collin County. Job growth in Plano's Research/Technology District and residential development in Murphy, Wylie and Sachse are increasing the need for transit service. While DART owns the Cotton Belt corridor to Wylie, station locations have not been determined. Unless they are purchased soon, the best sites may not be available when the line is extended. Temporary Eastern Terminus Locations - The NCTCOG Cotton Belt study identifies two locations for the temporary eastern terminus — the existing Bush Station and the new proposed 12th Street Station. Both stations could serve as a transfer between the DART Red Line and the Cotton Belt. DART has begun preliminary engineering design and environmental studies that will be used to determine the final station locations, rail design elements and cost estimates. The Plano City Council has passed a resolution that supports the Cotton Belt Study and commits available resources to obtain and reserve land if the proposed 12th Street Station is chosen. The City of Richardson passed a similar resolution supporting the Bush Station. Both the Bush and the 12th Street Station have advantages and disadvantages that must be considered by DART in evaluating and finally deciding which location is chosen. The following discussion will identify and explain the advantages and disadvantages for each station location: 4 Temporary Eastern Terminus Options MI ..' ., %r�Y^ �+ a W aS .imp° k Cotton�� a w , 7r, >r� ""�" -y sue" im x 12 Street Station - The proposed 12th Street Station would be located along the existing Cotton Belt alignment immediately east of its intersection with the DART Red Line at the southwest corner of 12t Street and Avenue K. No additional right-of-way would be required for the rail line or the station platform. The station would require two vertically separated platforms. The Cotton Belt Platform (green below) would be located at ground level on the south side of 12th Street before its intersection with Avenue K. The DART LRT Redline Platform (red below) would be located on a reconstructed overpass crossing 12th Street. The two platforms would be connected by stairs and elevator or escalator. Reconstruction of the existing overpass is likely needed to provide a lone flat section for the passenger platform and to carry the additional weight of the platform. More study is needed to determine how the construction would be conducted. It may be possible to bypass the existing overpass or rely on a single track during phased construction of the new structure. It is also possible that DART Red Line service to the Downtown Plano and Parker Road Stations would need to be temporarily suspended. Approximately three to four acres would be needed on the north side of 1 th Street for 0im0 to 4(}4 parking spaces. The Plano City Council has approved a resolution supporting the 12th Street Station and committing to acquire or protect land needed for parking. 5 12th Street Station � ,b." uk�` a" . as- t 4 a - d'4, q't 4,k4 t '416'4 lir Iv 'tt" r rv� w s v 1. , 0416 e. The 12th Street Station could further encourage redevelopment of property located south of 14th Street. Property owners and developers (the Sheas, Holt- Lunsford Company) have already made major investments in the area. A 12th Street Station would benefit the Douglass neighborhood by improving access to employment and services. Another benefit of the station is providing overnight storage of trains at the end of the line. DART could easily store trains east of the 12th Street Station and Avenue K within the Cotton Belt right-of-way it owns. This would allow beginning daily service without costly and inefficient dead- heading of trains. Bush Station — The City of Richardson proposes using the Bush Station as the temporary eastern terminus to the Cotton Belt Line. Despite being located at the high volume intersection of US 75 and the President George Bush Turnpike, the existing Bush Station service the DART Red Line, the Bush Station only ranks 8th in ridership of the 11 LRT stations north of the Mockingbird Station. This may be primarily because the station is surrounded by open fields and there are only a few jobs and no housing within walking distance. Richardson is working with area property owners to plan and develop a large scale mixed-use urban center connected to the transit center. However, the larger problem may be station parking and accessibility. The primary ridership shed served by this station lies to the north. Because of the design of the US 75/Bush interchange, it is hard for south and eastbound traffic on these facilities to access the station. In addition, DART parking for the Bush Station is located under the interchange between two service roads. Presuming the proposed development is successful, increased traffic on the service roads will make it even more difficult for commuters to walk between the platform and parking lot. 6 Cotton Belt Southern Connection to the Bush Station mm x u w 5 a a" 3 M' ,e«�sa .w„�,+n»ua :w * .� ,o.�... 000 most Prebrr2nar'Ronny Ow Sp ssxweww.ww« &.TraiE Ffadit8°!r`RPrk Fact U.IC President Gnome Rush Turnpike(PG8T) w w Regional Transit Center MD ra Won r z�ma. 2 rrwttBY'�%Pi:` t�7i3ft: 7il 3 K Cotton Belt US 75 Crossing - A critical factor in determining the best interim eastern terminus of the Cotton Belt Line is tied to the line's future crossing of US 75. Today, the Cotton Belt crosses US 75 immediately south of Plano Parkway. • Reconstructed Crossing - TxDOT is currently preparing plans to reconstruct the existing Cotton Belt crossing over US 75 as a part of a larger set of improvements to US 75/Bush interchange. TxDOT is coordinating the design with DART. TxDOT will construct the abutments and footings to support additional tracks for passenger service. DART will be responsible for adding the spans and tracks as needed. This crossing must be rebuilt for existing and future freight service. TXDOT's work will make it cheaper and quicker for DART to modify the crossing for transit service than to build a new crossing over US 75. This crossing is within the existing DART Cotton Belt right-of-way and the alignment leads directly to the proposed 12th Street Station. • New Crossing - Richardson is proposing a new additional crossing over US 75 to access the Bush Station. This alternative veers the rail line south from the existing alignment beginning east of where the existing rail line crosses Alma Road. The new elevated crossing would abut Spring Creek, apartments, transmission lines and planned open space trail improvements in Richardson. The elevated crossing would need to clear US 75 and its service roads. The crossing would likely need to be supported by a column in the center of US 75. The column would require 7 redesign of the HOV lanes and possibly the main lanes in both directions. After the new crossing returns to grade on the east side of US 75, the rail line will turn north to parallel the DART Red Line. A new Cotton Belt platform would be constructed next to the DART platform. The complications and constraints associated with the new crossing may significantly increase total project cost and delay the project to obtain approvals from TXDOT and numerous federal agencies. • Northern Alternate Crossing - Richardson has also proposed an alternate northern alignment to access the Bush Station. This alternative calls for the Cotton Belt Line to cross US 75 using the reconstructed railroad bridge described above. However, after crossing Plano Parkway at US 75 the track would veer east and cross Avenue F at a sharp angle and then curve south to parallel the DART Red Line. A new additional elevated crossing of Plano Parkway would be needed; however, the distance to Plano Parkway may be too short to build an overpass with acceptable vertical clearance. If that is true, the Cotton Belt will need to cross Plano Parkway at grade. With or without an elevated crossing over Plano Parkway, additional right-of-way may be required. After crossing Plano Parkway, the line would continue south at grade under the Bush Turnpike and across the Bush service roads ending at a platform adjacent to the existing DART LRT station. The Avenue F crossing and the possible at grade crossing of Plano Parkway raise concerns about car and truck traffic that should be studied further. Future Eastern Extension — The regional transportation plan calls for the future eastern extension of the Cotton Belt Line to Wylie and perhaps beyond. The proposed 12th Street Station maintains the existing rail alignment and creates no barrier or additional cost for future extension. The proposed Bush Cotton Belt Station moves the tracks away from the existing alignment resulting in additional future cost to extend the line to the east. Reconnecting to the existing Cotton Belt alignment requires building a new track parallel to the Red Line from the Bush Station 4,300 feet to 12th Street. A second elevated crossing over Plano Parkway would be needed. It appears that the DART right-of-way on the north side of Plano Parkway may not be wide enough to accommodate a second grade separated crossing. If true, a portion of a retail center would have to be purchased and demolished. The elevated rail line would need to return to grade before reaching 10th Street to avoid closing that street. The rail line would curve east at 12th Street to connect to the existing Cotton Belt alignment. Platforms can only be constructed on straight and level sections of the line. The curve in the line needed to reconnect to the existing freight track likely eliminates the possibility of a 12th Street station. Cost - The NCTCOG study estimates the cost of the 12th Street Station option to be $46,000,000 more than the Bush station option, primarily because of the need for reconstructing the 12th Street overpass. We believe the NCTCOG study did 8 not fully account for the cost of the new US 75 crossing proposed by Richardson. We also believe the study omitted the substantial cost of connecting the Bush Station to the existing eastern Cotton Belt Corridor to provide service to eastern Plano, Murphy and Wylie. The NCTCOG study also did not address the need for over-night train storage which can be inexpensively provided at the 12th Street Station. Why Not Both? — It is unlikely that both stations would be placed on the plan for the Cotton Belt. Both stations would be serving the same ridership and adding a second station would increase construction cost and trip time. As stated earlier, the rail line curvature required to connect the Bush Station to the existing eastern alignment would likely eliminate the 12th Street Station. If the Bush Station were built as a temporary terminus, it is possible that the design constraints and cost of reconnecting to the existing Cotton Belt alignment would be a significant barrier to extending the line further east. Conclusion — The 12th Street Station would be the only Cotton Belt Station located in Plano. With direct access and exposure to Avenue K, the 12th Street Station would be easily accessible to residents in eastern Plano and employment centers along US 75, Avenue K and Plano Parkway. The Bush Station is difficult for many potential passengers to access and users are forced to walk across the Bush eastbound service road to reach the rail platform. The 12th Street Station does not require an expensive second rail crossing of US 75, nor would it require modification of the existing HOV lanes. Further, the 12th Street Station is the logical temporary eastern terminus consistent with the goal of extending service to Wylie without having to build an expensive connection from the Bush station to the existing Cotton Belt alignment. Both station alternatives will stimulate development. Downtown Plano has already demonstrated how transit-oriented development works to create sustainable urban mixed-use development. The 12th Street Station will ensure continued reinvestment in the southern portion of downtown and the Avenue K corridor by improving mobility and replacing blight and underutilized properties with jobs and housing. 9 , / ,._ 1 4--- ' - NE, ,w (s, M IRE .--,- ,- -...,-,g • , 'T ' / M Cotton Belt 4 / ---- iL- , i .-, iilikAffir 21 ' .. ,, i gamalit-') '',--. 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CORRIDOR ALIGNMENT STATION LOCATIONS AND EASTERN TERMINUS ❑PTION5 1=111taDN BELT CORRIDOR 0 AGt�tif l OTTELsaIN oniFare traSti.* ...... 3 Key Issue Areas 1 .4, ---i- 'irkii, -s., .., I` LEGEND f �_ COTTON BELT CORRIDOR (DFW AIRPORT TO RED LINE) '., / y I DART RAIL //r+rr+r+++iirgrrrrrrunrrnrru /•�� I RED LINE E l � f GREEN LINE(OPENS DEC 2010) [ I' l '^�ALIlllll(I I I I I IIII I I I I IIII(I I I I IIII I I I IAlIY01rry1g1N! - ••may rrrr++Nrrryr++ _ FUTURE ORANGE LINE .y _ I 75 DCTAA Trdn i ` i II FUTURE BLUE LINE NORTH NM SERVICE AREA BOUNDARY I� '/ir Piano • OTHER RAIL ,y'y '//r+rurinun ulu 11111/ 11111 iod3s 'yy Carrollton I - ►rmnr:::.. o��\ II.III DCTAA-TRAIN r - - - - - 44l 54Vtllttttlt11l ntt"��\, • IIIIII SW2NE RAIL CORRIDOR Proposed SW2NE Rail I -7... ' '.. ,- •- - I�D. las ``t\,��4v"4`�t�4ta4tt - - - - RAILROAD CORRIDORS ConidorbyThe7 ® Addison ` I I 0. \\\\\\\\\ • `anu"},Ilan°Irr urenr+nr+unrulrlluulu4144\\ Grape' Rich. •son nil unlit+llm4u�• f Garland 1 +4"t�1511y411\5\156NV411lllVl Vl IVNIIIIVVIIVIIVNtpllllVllIYIH 6 .rmers Branch $ 75 = Rowl¢ 411.11.0.4 /� v. 15 a ,- f36p1 114 Y O 0 >4 Western North Lake Downtown North Eastern terminus terminus Carrollton - Dallas and Red Line Green Line Trench interface interface Option 4 Eastern T rminOptions e • us _. I _ - l 1 \ If ._._ _i_, _ _ ......,,,r._ rx"w _.,. Parker Road 11 �'. Aherrritixes�2 8 9: .4�F7nmiVro ml�rin�d wn tlr Plano q''' Mn 0 MiUfMS+fFrl' Orr rr 10 M6lVnngy WM Winn Ekoorvitown Plano t.:Vera'}' 15"165 iF"^f AlialthiV6 la: _ fil -- si;l'ettlei —__> l Ahern®Wes1.4&7: I visa absn loved ROB' •' • ' — ', r - Ir+'IB h Twrnpike= Y'� _- � 4 4 _ + I 8I'I lN!'CS a 8.11 '41 _Z_- mo new Phan {PM arms,US 7$ ° W[ Hccfryartlsan 11 to Qu¢h Trirnprk $d1gm V11 At Main*8 crnlnues 40 .2 I MGirnn89' t_____I_ 1 {f4 Ct LtgEnd L7BYJfe,1'F ROlnnl al$19bon Easte n T$m aM,s Opt 0AS bii hw3ys'TWlrays Oily 7 Tawn Lmrit amiaCoitin Ccxmrly CAW fy • LoGwis ui Attarraaliies 1.4 and T — Tko®ronni y 5+gnfkani.Arlerrals 0 aunty Lirnits 7 • Red L.N.Slal.ans Altimiingis2 and a MajrrAr1Rnalx 1f Polrnun!Coulon Bra Line i MOIn8Cve6 aYnd$ Teati f�7.RP I fJeA19� DART RPtl Lisa „°r r ryaurly myitic WAIN Dintril Cotton Felt Corridor—Conce tual Engineering and Funding Study I 5 TemporaryEastern Terminus ti Opons ir.. :.___ i Tz_l '' "1772:'•r•;-.• -::.- , 4 - - . .4 I'VIII• ,, a� , -s x`` F `x ., Plano Station F.* ., . S .it Potential 12th 1 a ,r ' • t ;! i _ - _ Street Station on ~ —, . _ - _r,. ` A ... " -;;- - Cotton Belt Line _. y- • y� '�•. Fe �f,.. . _ i— —_ — — y •- •. x t7J .n a- • �yy aJ '1. a x < . ,. Plan rka - hii,L �.k IL r f' "' } _ --_- PGET - ._ _ a * . Y.+ , f . Bush f•- Station . . f i s L ,I Y ='y ,r. .err ,,.,.. ri.rki '. (/..,. 1 1 p• �.-•,A j;,f iaF. J � 4 Eastern T rminOptions e • us _. I _ - l 1 \ If ._._ _i_, _ _ ......,,,r._ rx"w _.,. Parker Road 11 �'. Aherrritixes�2 8 9: .4�F7nmiVro ml�rin�d wn tlr Plano q''' Mn 0 MiUfMS+fFrl' Orr rr 10 M6lVnngy WM Winn Ekoorvitown Plano t.:Vera'}' 15"165 iF"^f AlialthiV6 la: _ fil -- si;l'ettlei —__> l Ahern®Wes1.4&7: I visa absn loved ROB' •' • ' — ', r - Ir+'IB h Twrnpike= Y'� _- � 4 4 _ + I 8I'I lN!'CS a 8.11 '41 _Z_- mo new Phan {PM arms,US 7$ ° W[ Hccfryartlsan 11 to Qu¢h Trirnprk $d1gm V11 At Main*8 crnlnues 40 .2 I MGirnn89' t_____I_ 1 {f4 Ct LtgEnd L7BYJfe,1'F ROlnnl al$19bon Easte n T$m aM,s Opt 0AS bii hw3ys'TWlrays Oily 7 Tawn Lmrit amiaCoitin Ccxmrly CAW fy • LoGwis ui Attarraaliies 1.4 and T — Tko®ronni y 5+gnfkani.Arlerrals 0 aunty Lirnits 7 • Red L.N.Slal.ans Altimiingis2 and a MajrrAr1Rnalx 1f Polrnun!Coulon Bra Line i MOIn8Cve6 aYnd$ Teati f�7.RP I fJeA19� DART RPtl Lisa „°r r ryaurly myitic WAIN Dintril Cotton Felt Corridor—Conce tual Engineering and Funding Study I 7 Wylie City Council CITY OF WYLIE Minutes Wylie City Council Tuesday, August 10, 2010 —6:00 p.m. Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. with the following Wylie City Council members present: Councilwoman Kathy Spillyards, Councilman David Goss, Councilman Carter Porter, Councilman Bennie Jones, and Councilman Rick White. Mayor Pro Tem Red Byboth was away on business. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Engineer, Chris Hoisted; Planning Director, Renae' 011ie; Building Official, Mike McAnnally; Fire Chief, Randy Corbin; Police Chief, John Duscio; Finance Director, Linda Bantz; Library Director, Rachel Orozco; WEDC Executive Director, Sam Satterwhite; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Former Wylie Mayor William Martin gave the invocation and Samer Elkhalid representing Boy Scout Troop 1812 led the Pledge of Allegiance. Also introduced were members of Boy Scout Troop 442. Those members included: Bricen Gibbons, Alec McVicker, Paul Shinn, and Assistant Scoutmaster Dennis Gibbons. PRESENTATION • Citizens Emergency Response Team (CERT) of Wylie, Graduation 2010 Mayor Hogue, Fire Chief Corbin, and Fire Marshal Captain Seddig presented certificates to the 2010 Wylie CERT Graduates. Graduates included: Jimmy Watson, Dave Heideman, Valerie Kay, Sara Codfelder, Sunil Verma, Denise Aparicio, Mike Ziem, Ron Hill, Michael Miglis, Crystal Miglis, Leisa Price and Kenny Boone. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Minutes August 10, 2010 Wylie City Council Page 1 Former Mayor Jim Swartz addressed council requesting consideration of using the current Rita and Truett Smith Library for a senior center once the library staff moves to the new Municipal Complex. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the July 27, 2010 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider and act upon approval of proposal from Nathan D. Maier in the amount of $34,000 for a hydraulic study for Brown Street at Rush Creek and two tributaries. (C. Holsted, City Engineer) C. Consider, and act upon, approval of a Preliminary Plat for Waterbrook Bible Fellowship, a Worship Facility located on 4.613 acres at 507 Thomas Street. (R. 011ie, City Planner) Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the Consent Agenda as presented. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. REGULAR AGENDA 1. Consider, and act upon, Resolution No. 2010-26 (R) of the City Council of the City of Wylie, Texas accepting the proposed property tax rate for fiscal year 2010-2011, accepting the calculation of the effective tax rate, and providing for the publication as provided by the Texas Property Tax Code. (L. Bantz, Director of Finance) Staff Comments Finance Director Bantz addressed council stating that the proposed budget is based on a tax rate of $0.8989 per $100 valuation. This year's effective tax rate is $0.922789 and the rollback tax rate is $0.908299. Any change in the proposed tax rate will require revision of the proposed budget. Since the proposed tax rate is less than both the effective and rollback tax rate, no public hearings on the tax rate are required. Council Action A motion was made by Councilman White, seconded by Councilman Jones to adopt Resolution No. 2010-26(R) of the City Council for the City of Wylie, Texas accepting the proposed property tax rate for fiscal year 2010-2011, accepting the calculation of the effective tax rate, and providing for the publication as provided by the Texas Property Tax Code. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. 2. Consider, and act upon, acceptance of the resignation of Eddie Rogers and the appointment of Matt Rose as the new board member to the City of Wylie Parks and Minutes August 10, 2010 Wylie City Council Page 2 Recreation Board to fill the unexpired term of July 2010 to June 30, 2012. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that the next three items were for City of Wylie Boards and Commissions replacements. She reported that during the interview process with the 2010 interview panel, recommendations were made for all expiring terms on all boards; additionally, the council interview panel recommended two alternate applicants for each board in the event a vacancy occurred during the year. The agenda items presented tonight reflect those recommendations for replacement board members. Wylie City Council members serving this year on the interview panel included Mayor Pro Tern Byboth, Councilwoman Spillyards, and Councilman Jones. Ehrlich reported that Mr. Eddie Rogers had tendered his resignation from the City of Wylie Parks and Recreation Board due to an increase in work responsibilities. The council interview panel has recommended Mr. Matt Rose as the first choice to the Parks and Recreation Board should an opening become available. Mr. Rose would serve the unexpired term for July 2010 to June 30, 2012. Mr. Rose has agreed to serve should he be appointed by council. Council Action A motion was made by Councilwoman Spillyards, seconded by Councilman Jones to accept the resignation of Eddie Rogers and to appoint Matt Rose as the new board member to the City of Wylie Parks and Recreation Board to fill the unexpired term of July 2010 to June 30, 2012. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. 3. Consider, and act upon, acceptance of the resignation of Allen Morris and the appointment of Alternate #1; Sunil Verma as the new board member to the City of Wylie Construction Code Board to fill the unexpired term of July 2010 to June 30, 2012. (C. Ehrlich, City Secretary) Staff Comments City Secretary Ehrlich addressed council stating that Allen Morris had tendered his resignation from the City of Wylie Construction Code Board due to his planned relocation. During the interview process, the council panel chose Sunil Verma as the first choice replacement to the full member position in the event someone resigned during the year. Sunil Verma is currently serving as an alternate to this board and the panel has recommended moving him to the full member position. She explained that the vacancy caused by moving Mr. Verma up will be considered in Item #4 of this agenda. Mr. Verma has agreed to serve in this capacity. Council Action A motion was made by Councilman Goss, seconded by Councilwoman Spillyards to accept the resignation of Allen Morris from the City of Wylie Construction Code Board and to appoint Sunil Verma (currently an alternate to that board) as a full board member to the City of Wylie Construction Code Board to fill the unexpired term of July 2010 to June 30, 2012. A vote was taken and the motion passed 6-0 with Mayor Pro Tem Byboth absent. 4. Consider, and act upon, the appointment of Michael Grubbs as the new alternate board member to the City of Wylie Construction Code Board to fill the unexpired term of July 2010 to June 30,2012. (C. Ehrlich, City Secretary) Minutes August 10, 2010 Wylie City Council Page 3 Staff Comments City Secretary Ehrlich addressed council stating that Sunil Verma was currently serving as an alternate to this board; the panel has recommended moving him to the full member position. The council panel has recommended Michael Grubbs for an appointment to the Construction Code Board should there be a vacancy during the year. Mr. Grubbs would replace Sunil Verma as an alternate on this board and has agreed to serve. Council Action A motion was made by councilwoman Spillyards, seconded by Councilman Jones to approve the appointment of Michael Grubbs as the new alternate board member to the City of Wylie Construction Code Board to fill the unexpired term of July 2010 to June 30, 2012. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. 5. Consider, and act upon, Resolution No. 2010-27(R) authorizing the City Manager to execute Interlocal Agreement with the City of Murphy Texas contracting with the City of Wylie Building Inspections staff to perform inspections in Murphy's jurisdiction at a billing rate of$90.00/hour for services rendered. (M. McAnnally, Building Official) Staff Comments Building Official McAnnally addressed council stating that the Building Department is seeking to enter into the attached ILA with the City of Murphy. The same contract services have been provided by the City of Plano since 2005. We understand that staff level reductions have affected Plano's ability to service the contract. Mr. McAnnally explained that based on the historical data and forecast construction industry inspection workloads; Inspections believes that professional contract inspections can be extended to the City of Murphy without adverse impacts to the service levels provided to the citizens, builders, and developers in the City of Wylie. Council Action A motion was made by Councilman Porter, seconded by Councilwoman Spillyards to adopt Resolution No. 2010-27(R) authorizing the City Manager to execute an Interlocal Agreement with the City of Murphy Texas contracting with the City of Wylie Building Inspections Staff to perform inspections in Murphy's jurisdiction at a billing rate of$90.00/hour for services rendered. A vote was taken and the motion passed 6-0 with Mayor Pro Tern absent. 6. Consider, and act upon, Ordinance No. 2010-12 amending Ordinance No. 2009-26 (2009-2010 Budget) and approving appropriations of funds in the amount of$35,000 in the Animal Control general fund budget for an air conditioner for the animal shelter and an appropriation of funds in the amount of $40,000 in the combined Service Utility fund budget for legal fees; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (L. Bantz, Finance Director) Staff Comments Finance Director Bantz addressed council stating that the first of the two Budget Amendments is concerning the replacement of the non-functioning air conditioner in the Animal Shelter. It has never properly cooled the facility and staff has identified funds that could be used for replacing it. The other Budget Amendment is to establish a budget in the Utility Fund for legal fees since there is currently not one and legal expenses have been incurred for water and sewer issues. Minutes August 10, 2010 Wylie City Council Page 4 Council Action A motion was made by Councilman Porter, seconded by Councilman White to adopt Ordinance No. 2010- 12 amending Ordinance No. 2009-26 (2009-2010 Budget) and approving appropriations of funds in the amount of $35,000 in the Animal Control general fund budget for an air conditioner for the animal shelter and an appropriation of funds in the amount of $40,000 in the combined Service Utility fund budget for legal fees; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. City Secretary Ehrlich read the caption to Ordinance No. 2010-12 into the official records. Mayor Hogue convened into Executive Session at 7:00 p.m. reading the below exception to the Open Meetings Act. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Section 551.087 (Economic Development Negotiations) of the Local Government Code, Vernon's Texas Code Annotated (Open Meetings Act). • Recess into Closed Session in compliance with Section 551.087 of the Texas Government Code, in order to deliberate regarding commercial or financial information that the City has received from a business prospect and to deliberate the offer or other incentives to a business prospect. In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session, will be taken and recorded in open session. Mayor Hogue convened into Regular Session at 7:30 p.m. RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. There was no action taken by the Wylie City Council as a result of Executive Session. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Porter, seconded by Councilwoman Spillyards to adjourn the meeting at 7:32 p.m. A vote was taken and the motion passed 6-0 with Mayor Pro Tern Byboth absent. Minutes August 10, 2010 Wylie City Council Page 5 Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes August 10, 2010 Wylie City Council Page 6 Wylie City Council CIT_1;Y OF WYLIE AGENDA REPORT Meeting Date: August 24, 2010 Item Number: B. Department: Finance (City Secretary's Use Only) Prepared By: Finance Account Code: Date Prepared: August 13, 2010 Budgeted Amount: Revenue and Expenditure Exhibits: Monthly Report Subject Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for July 31, 2010. Recommendation Motion to accept and place on file, the City of Wylie Monthly Revenue and Expenditure Report for July 31, 2010. Discussion The Finance Department has prepared the attached reports for the City Council as required by the City Charter. Approved By Initial Date Department Director LB 0 /16/,10 City Manager Page 1 of 1 CITY OF WYLIE MONTHLY FINANCIAL REPORT July 31,2010 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 83.33% ACCOUNT DESCRIPTION 2009-2010 2009-2010 2009-2010 OF BUDGET GENERAL FUND REVENUE SUMMARY TAXES 15,267,034 283,019 14,331,106 93.87% A FRANCHISE FEES 1,984,240 2,628 1,812,397 91.34% B LICENSES AND PERMITS 292,030 57,080 482,161 165.11% C INTERGOVERNMENTAL REV. 631,665 20,225 560,151 88.68% SERVICE FEES 2,250,032 189,201 1,696,227 75.39% D FINES AND FORFEITURES 548,107 39,201 347,205 63.35% E INTEREST INCOME 61,000 2,399 22,991 37.69% F MISCELLANEOUS INCOME 248,407 27,214 202,129 81.37% OTHER FINANCING SOURCES 455,000 0 455,000 100.00% REVENUES 21,737,515 620,967 19,909,367 91.59% USE OF FUND BALANCE 2,561,013 NA NA NA G TOTAL REVENUES 24,298,528 NA NA NA GENERAL FUND EXPENDITURE SUMMARY CITY COUNCIL 95,460 5,301 92,021 96.40% H CITY MANAGER 755,964 58,638 624,506 82.61% CITY SECRETARY 276,731 16,516 215,908 78.02% CITY ATTORNEY 149,404 11,761 149,817 100.28% I FINANCE 741,900 55,775 601,049 81.01% FACILITIES 180,400 21,925 144,781 80.26% MUNICIPAL COURT 311,022 18,447 219,148 70.46% HUMAN RESOURCES 191,049 19,606 163,227 85.44% PURCHASING 113,518 8,874 94,773 83.49% INFORMATION TECHNOLOGY 513,886 52,527 453,750 88.30% POLICE 5,074,178 377,266 4,259,224 83.94% FIRE 5,125,324 389,250 4,403,395 85.91% ANIMAL CONTROL 259,452 18,096 201,720 77.75% PLANNING 384,588 27,189 310,598 80.76% BUILDING INSPECTION 674,319 50,074 548,789 81.38% CODE ENFORCEMENT 198,716 12,278 130,152 65.50% STREETS 1,237,551 80,028 987,245 79.77% PARKS 1,384,392 100,829 1,091,220 78.82% RECREATION 256,790 79,867 145,059 56.49% LIBRARY 879,189 66,981 688,676 78.33% COMBINED SERVICES 5,438,087 196,841 4,872,646 89.60% J TOTAL EXPENDITURES 24,241,920 1,668,069 20,397,704 84.14% REVENUES OVER/(UNDER)EXPENDITURES 56,608 -1,047,102 -488,337 7.45% A.Property Tax Collections for FY09-10 as of July 31 are 99.33%,in comparison to FY08-09 for the same time period 98.50%. B.Franchise Fees:The majority of franchise fees are recognized in the third and fourth quarter with electric fees making up the majority. C.Licenses and Permits:Are recognized periodically,but we have seen an increase in plumbing,electrical and mechanical permits. D.Service Fees:Trash fees are down 6.07%with the remaining fees coming from WAVE and other seasonal fees. E.Fines and Forfeitures:Municipal Court Fines are down 8.5%and court admin/warrant fees are down 62.07%. F. Interest Income:In relation to the last 6 months in FY 09,the current interest is in line,however,is lower by 60.97%than benchmark. G.Use of Fund Balance:to supplement the Emergency Communications Tower that was scheduled to take place. H:Wylie Street Dance and Fireworks display increased expenses for the City Council. I.Higher than expected costs concerning Utility Legal work.Amendment to budget has passed and will be transitioned to the Utility Fund. J.Combined Services:The increase is due to the transfer of funds to the emergency services of$3,016,013 that was scheduled to take place. Throughout the remainder of the year this will level out and should adhere to the budgeted amount. CITY OF WYLIE MONTHLY FINANCIAL REPORT July 31,2010 ANNUAL CURRENT YTD ACTUAL Benchmark BUDGET MONTH ACTUAL YTD ACTUAL AS A PERCENT 83.33% ACCOUNT DESCRIPTION 2009-2010 2009-2010 2009-2010 OF BUDGET UTILITY FUND REVENUES SUMMARY SERVICE FEES 9,400,000 1,081,274 7,053,420 75.04% INTEREST INCOME 30,000 2,094 21,099 70.33% MISCELLANEOUS INCOME 30,000 7,266 38,570 128.57% OTHER FINANCING SOURCES 1,500,000 0 1,500,000 100.00% TOTAL REVENUES 10,960,000 1,090,634 8,613,089 78.59% UTILITY FUND EXPENDITURE SUMMARY UTILITY ADMINISTRATION 569,765 41,535 457,472 80.29% UTILITIES-WATER 1,109,986 76,581 809,564 72.93% CITY ENGINEER 489,070 38,017 322,859 66.01% UTILITIES-SEWER 500,660 37,199 387,416 77.38% UTILITY BILLING 566,017 46,268 405,911 71.71% COMBINED SERVICES 7,601,582 504,009 6,061,710 79.74% TOTAL EXPENDITURES 10,837,080 743,609 8,444,932 77.93% REVENUES OVER/(UNDER)EXPENDITURES 122,920 347,025 168,157 0.66% Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 8-24-10 Item Number: C. Department: WEDC (City Secretary's Use Only) Prepared By: Sam Satterwhite Account Code: Date Prepared: 8-17-10 Budgeted Amount: Exhibits: 1 Subject Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2010. Recommendation Accept, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of July 31, 2010. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on August 20, 2010. Approved By Initial Date Department Director SS 8-17/-10 City Manager 8i1c �V Page 1 of 1 8-16-20:0 11:06 AM CITY OF WYLIE PAGE: BALANCE SHEET AS OF: JULY 315T, 2010 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT# TITLE ASSETS 1000-10110 CLAIM ON CASH AND CASH EQUIV. 655,432.87 1000-10115 CASH - WEDC - INWOOD 0.00 1000-10135 INWOOD BANK - ESCROW 0.00 1000-10130 DEPOSITS (EARNEST MONEY) 0.00 1000-10198 OTHER - MISC CLEARING 0.00 1000-10341 TEXPOOL 0.00 1000-10343 LOGIC 0.00 1000-10481 INTEREST RECEIVABLE 0.00 1000-11511 ACCTS REC - MISC 0.00 • 1000-11517 ACCTS REC - SALES TAX 0.01 1000-12996 LOAN REC - JACOBY 0.00 10000-12997 ACCTS REC - JTM TECH 0.00 1000-12998 ACCTS REC - SAVAGE 361,236.86 1000-14112 INVENTORY - MATERIAL/ SUPPLY 0.00 1000-14116 INVENTORY - LAND 2,836,595.17 1000-14118 INVENTORY - BAYCO/ SANDEN BLVD 0.00 1000-14310 PREPAID EXPENSES - MISC 0.00 1000-14410 DEFERRED CHARGES 379,614.20 4,232,879.11 TOTAL ASSETS 4,232,879.11 LIABILITIES 2000-20110 FEDERAL INCOME TAX PAYABLE 0.00 2000-20111 MEDICARE PAYABLE 0.00 2000-20112 CHILD SUPPORT PAYABLE 0.00 2000-20113 CREDIT UNION PAYABLE 0.00 2000-20114 IRS LEVY PAYABLE 0.00 2000-20115 NATIONWIDE DEFERRED COMP 0.00 2000-20116 HEALTH INSUR PAY-EMPLOYEE ( 228.51) 2000-20117 TMRS (PAYABLE 0.00 2000-20118 ROTH IRA PAYABLE 0.00 2000-20119 WORKERS COMP PAYABLE 0.00 2000-20120 FICA (PAYABLE 0.00 2000-20121 TEC PAYABLE 0.00 2000-20122 STUDENT LOAN LEVY PAYABLE 0.00 2000-20123 ALIMONY PAYABLE 0.00 2000-20:24 BANKRUPTCY PAYABLE 0.00 2000-20125 VALIC DEFERRED COMP 0.00 2000-20126 :CMA. PAYABLE 0.00 2000-20130 FLEXIBLE SPENDING ACCOUNT 1,400.00 2000-20151 ACCRUED WAGES PAYABLE 0.00 2000-20180 ADDIT EMPLOYEE INSUR PAY 0.0C 2000-20199 MISC PAYROLL PAYABLE 0.06 2000-20201 AP PENDING 3,761.19 2000-20210 ACCOUNTS PAYABLE 0.00 2000-20530 PROPERTY TAXES PAYABLE 0.00 2000-20540 NOTES PAYABLE 379,614.20 2000-20810 DUE TO GENERAL FUND 0.00 8-16-2010 11:06 Py. CITY OF WYLIE PAGE: 2 BALANCE SHEET AS OF: JJLY 31ST, 2010 111-WYLIE ECONOMIC DEVEL CORP ACCOUNT* TITLE 2000-22270 DEFERRED REVENUE 262,319.66 2000-22915 RENTAL DEPOSITS 1,800.00 TOTAL LIABILITIES 648,666.54 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG 3,812,134.15 TOTAL BEGINNING EQUITY 3,812,134.15 TOTAL REVENUE 939,406.92 TOTAL EXPENSES 1,167,328.50 REVENUE OVER/(UNDER) EXPENSES ( 227,921.58) TOTAL EQUITY & OVER/(UNDER) 3,584,212.57 TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 4,232,879.11 8-16-2010 11:06 AM CITY OF WYLIE PAGE: BALANCE SHEET AS OF: JULY 31ST, 2010 922-GEN LONG TERM DEBT (WEDC) ACCOUNT* TITLE ASSETS 1000-10312 GOVERNMENT NOTES 0.00 1000-18110 LOAN - WEDC 0.00 1000-18120 LOAN - BIRMINGH.AM 0.00 1000-18210 AMOUNT TO BE PROVIDED 0.00 1000-18220 BIRMINGHAM LOAN 0.00 0.00 TOTAL ASSETS 0.00 LIABILITIES 2000-20310 COMPENSATED ABSENCES PAYABLE 36,069.88 2000-20311 COMP ABSENCES PAYABLE-CURRENT 0.00 2000-21410 ATP - GO/CO BONDS 0.00 2000-28205 WEDC LOANS - CURRENT 23,400.19 2000-28220 BIRMINGHAM LOAN 0.00 2000-28230 INWOOD LOAN 446,505.57 2000-28240 HUGHES LOAN 222,478.21 2000-28250 CITY OF WYLIE LOAN 0.06 2030-28260 PRIME KUTS LOAN 175,505.00 2000-28270 BOWLAND/ANDERSON LOAN 0.00 2000-28280 CAPITAL ONE CAZAD LOAN 0.00 TOTAL LIABILITIES 903,958.85 EQUITY 3000-34590 FUND BALANCE-UNRESERV/UNDESIG( 903,958.85) TOTAL BEGINNING EQUITY ( 903,953.85) TOTAL REVENUE 0.00 TOTAL EXPENSES 0.00 REVENUE OVER/(UNDER) EXPENSES 0.00 TOTAL EQUITY & OVER/(UNDER) ( 903,953.85) TOTAL LIABILITIES, EQUITY & OVER/(UNDER) 0.00 8-16-2010 11:07 AM CITY OF WYLIE PAGE: _ REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2010 111-WYLIE ECONOMIC DEVEL CORP FINANCIAL SUMMARY CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET % OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET REVENUE SUMMARY TAXES 1,295,556.00 99,065.39 0.00 859,915.85 0.00 435,640.15 66.37 INTEREST INCOME 3,000.00 140.41 0.00 1,659.55 0.00 1,340.45 55.32 MISCELLANEOUS INCOME 82,900.00 5,552.19 0.00 77,831.52 0.00 5,068.48 93.89 OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,381,456.00 104,757.99 0.00 939,406.92 0.00 442,049.08 68.00 EXPENDITURE SUMMARY DEVELOPMENT CORP-WE'DC 2,092,321.00 25,544.49 0.00 1,167,328.50 617.51 924,374.99 55.82 TOTAL EXPENDITURES 2,092,321.00 25,544.49 0.00 1,167,328.50 617.51 924,374.99 55.82 REVENUE OVER/(UNDER) EXPENDITURES ( 710,865.00) 79,213.50 0.00 ( 227,921.58) ( 617.51) ( 482,323.91) 32.15 8-16-2010 11:07 AM CITY OF WYLIE PAGE: 2 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2310 11:-WYLIE ECONOMIC LEVEL CORP REVENUES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 1 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET TAXES 4000-40210 SALES TAX 1,295,556.00 99,065.39 0.00 859,915.85 0.00 435,640.15 66.37 TOTAL TAXES 1,295,556.00 99,065.39 0.00 859,915.85 0.00 435,640.15 66.37 INTEREST INCOME 4000-46050 CERTIFICATE OF DEPOSIT 0.00 0.00 0.00 0.03 0.00 0.00 0.00 4000-46110 ALLOCATED INTEREST EARNINGS 3,000.00 140.41 0.00 1,659.55 0.00 1,340.45 55.32 4000-46140 TEXPOOL INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46143 LOGIC INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-46210 BANK MONEY MARKET INTEREST 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INTEREST INCOME 3,000.00 140.41 0.00 1,659.55 0.00 1,340.45 55.32 MISCELLANEOUS INCOME 4000-48110 RENTAL INCOME 82,900.00 5,100.00 0.00 53,547.10 0.00 29,352.90 64.59 4000-48310 RECOVERY - PRIOR YEAR EXPEN 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-48410 MISCELLANEOUS INCOME 0.00 452.19 0.00 24,284.42 0.00 ( 24,284.42) 0.00 4000-48430 GAIN ON SALE OF PROPERTY 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MISCELLANEOUS INCOME 82,900.00 5,552.19 0.00 77,631.52 0.00 5,068.48 93.89 OTHER FINANCING SOURCES 4000-49160 TRANSFER FROM GENERAL FUND 0.00 0.00 0.00 0.00 0.00 0.00 0.00 4000-49325 BANK NOTE PROCEEDS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING SOURCES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL REVENUES 1,381,456.00 104,757.99 0.00 939,406.92 0.00 442,049.08 68.00 8-16-2010 04:21 PM CITY OF WYLIE PAGE: 3 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2010 111-WYLIE ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET $ OF BUDGET PERIOD PC ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET PERSONNEL SERVICES 5611-51110 SALARIES 166,778.00 12,832.50 0.00 136,016.42 0.00 30,761.58 81.56 5611-51130 OVERTIME 0.00 0.00 0.00 0.00 0.00 0.0C 0.00 5611-51140 LONGEVITY PAY 960.00 0.00 0.00 868.00 0.00 92.00 90.42 5611-51145 SICK LEAVE BUYBACK 1,924.00 0.00 0.00 1,925.04 0.00 ( 1.04) 100.05 5611-51160 CERTIFICATION INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51170 PARAMEDIC INCENTIVE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51210 CAR ALLOWANCE 11,320.00 870.78 0.00 9,230.27 0.00 2,089.73 81.54 5611-51220 PHONE ALLOWANCE 3,456.00 265.84 0.00 2,816.06 0.00 639.94 81.48 5611-51230 CLOTHING ALLOWANCE C.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 20,142.00 1,529.62 0.00 16,062.43 0.00 4,079.57 79.75 5611-51410 HOSPITAL & LIFE INSURANCE 15,145.00 1,355.06 0.00 14,657.32 0.00 487.68 96.78 5611-51420 LONG-TERM DISABILITY 951.00 38.22 0.00 420.42 0.00 530.58 44.21 5611-51440 FICA 11,404.00 1,273.26 0.00 7,201.60 0.00 4,202.40 63.15 5611-51450 MEDICARE 2,667.00 297.77 0.00 2,141.95 0.00 525.05 80.31 5611-51470 WORKERS COMP PREMIUM 464.00 0.00 0.00 384.85 0.00 79.15 82.94 5611-51480 UNEMPLOYMENT COMP (TWC) 540.00 0.00 0.00 378.00 0.00 162.00 70.00 TOTAL PERSONNEL SERVICES 235,751.00 18,463.05 0.00 192,102.36 0.00 43,648.64 81.49 SUPPLIES 5611-52010 OFFICE SUPPLIES 4,750.00 121.70 0.00 3,007.51 0.00 1,742.49 63.32 5611-52040 POSTAGE & FREIGHT 1,250.00 44.78 0.00 388.54 0.00 861.46 31.08 5611-52130 TOOLS/ EQUIP - UNDER $100 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,872.00 523.19 0.00 3,397.82 240.00 2,234.18 61.95 5611-52990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL SUPPLIES 11,872.00 689.67 0.00 6,793.87 240.00 4,838.13 59.25 MATERIALS FOR MAINTENANC 5611-54630 TOOLS & EQUIPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,500.00 750.00 0.00 2,646.49 0.00 853.51 75.61 5611-54990 OTHER 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTENANC 3,500.00 750.00 0.00 2,646.49 0.00 853.51 75.61 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,163,826.00 663.48 0.00 436,785.13 0.00 727,040.87 37.53 5611-5604C SPECIAL SERVICES 40,930.00 9,123.00 0.00 35,183.23 99.30 5,647.47 86.20 5611-56080 ADVERTISING 35,360.00 1,777.63 0.00 23,931.04 0.00 11,428.96 67.68 5611-5609C COMMUNITY DEVELOPMENT 42,363.00 0.00 0.00 33,382.62 30.00 8,950.38 78.87 5611-56110 COMMUNICATIONS 3,840.00 205.31 0.00 3,341.20 0.00 498.80 87.01 5611-56180 RENTAL 16,900.00 1,290.98 0.0C 14,802.67 0.00 2,097.33 87.59 5611-56210 TRAVEL & TRAINING 25,452.00 505.44 0.00 9,775.64 0.00 15,676.36 38.41 5611-56250 DUES & SUBSCRIPTIONS 8,163.00 0.00 0.00 6,001.20 0.00 2,161.80 73.52 5611-56310 INSURANCE 303.00 0.00 0.00 303.00 0.00 0.00 100.00 5611-56510 AUDIT & LEGAL SERVICES 12,600.00 828.00 0.00 6,572.0C 0.0C 6,028.00 52.16 5611-56570 ENGINEERING/ARCHITECTURAL 12,956.00 0.00 0.00 4,010.00 0.00 8,946.00 30.95 5611-56610 UTILITIES-ELECTRIC 3,500.00 10.45 0.00 2,362.57 248.21 889.22 74.59 TOTAL CONTRACTUAL SERVICES 1,366,193.00 14,404.29 0.00 376,450.30 377.51 789,365.19 42.22 8-16-2010 04:21 PM CITY OF WYLIE PAGE: 4 REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: JULY 31ST, 2010 ill-WYLIE ECONOMIC REVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET 6 OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE BUDGET DEBT SERVICE & CAP. REPL 5611-57110 DEBT SERVICE-BOND DEBT 413,277.73 15,877.62 0.00 383,156.33 0.00 30,121.40 92.71 5611-57710 BAD DEBT EXPENSE 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL DEBT SERVICE & CAP. REPL 413,277.73 15,877.62 0.00 383,156.33 0.00 30,121.40 92.71 CAPITAL OUTLAY 5611-58110 LAND-PURCHASE PRICE 54,727.27 0.00 0.00 25,170.77 0.00 29,556.50 45.99 5611-58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58210 STREETS & ALLEYS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58810 COMPUTER HARD/SOFTWARE 2,000.00 530.63 0.00 1,179.15 0.0C 820.85 58.96 5611-58830 FURNITURE & FIXTURES 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY 0.00 ( 25,170.77) 0.00 ( 25,170.77) 0.00 25,170.77 0.00 TOTAL CAPITAL OUTLAY, 56,727.27 ( 24,640.14) 0.00 1,179.15 0.00 55,548.12 2.08 OTHER FINANCING (USES) 5611-59111 TRANSFER TO GENERAL FUND 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00 5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-59990 PROJECT ACCOUNTING 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER FINANCING (USES) 5,000.00 0.00 0.00 5,000.00 0.00 0.00 100.00 TOTAL DEVELOPMENT CORP-WEDC 2,092,321.00 25,544.49 0.00 1,167,328.50 617.51 924,374.99 55.82 TOTAL EXPENDITURES 2,092,321.00 25,544.49 0.00 1,167,328.50 617.51 924,374.99 55.82 REVENUE OVER (UNDER) EXPENDITURES ( 710,865.00) 79,213.50 0.00 ( 227,921.58) ( 617.51) ( 482,325.91) 32.15 *** END OF REPORT *** Wylie Economic Development Corporation Balance Sheet Subledger July 31, 2010 Inventory-Land Date of Pur. Address Acreage Improvements (sq.ft.) Cost Basis McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 n/a 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Hughes 7/25/06 211 -212 Industrial 0.74 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 n/a 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 4,750 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Premier Plaza 8/26/05 Martinez Lane 25.00 n/a 639,000.00 Sale to Savage 5/28/08 -3.87 -98,917.20 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Total 30.12 2,836,595.17 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was $306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. Wylie Economic Development Corporation Balance Sheet Sub ledger July 31, 2010 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance June 30, 2010 $879,469.02 Inwood(#57 of 120) 8/26/05 $9,563.33 $468,642.12 7,319.77 $2,243.56 5.75 $461,322.35 Hughes(#48 of 120) 7/25/06 3,774.70 230,386.14 2,622.77 1,151.93 6.00 227,763.37 Prime Kuts(#33 of 120) 10/8/07 2,539.59 180,441.76 1,637.39 902.21 6.00 178,804.37 July 31, 2010 11,579.93 $4,297.70 $867,890.09 Note: Principal and Interest payments vary by date of payment. WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF AUGUST 2010 MONTH WEDC WEDC WEDC DIFF % DIFF 2008 2009 2010 09 VS 10 09 VS 10 DECEMBER $82,384 $90,500 $81,014 -$9,486 -10.48% JANUARY 89,898 101,531 91,593 -9,938 -9.79% FEBRUARY 132,441 145,246 153,281 8,035 5.53% MARCH 86,460 87,584 89,717 2,133 2.43% APRIL 86,004 86,040 89,119 3,079 3.58% MAY 130,208 130,966 144,953 13,987 10.68% JUNE 99,523 94,993 111,174 16,181 17.03% JULY 98,845 95,282 99,065 3,783 3.97% AUGUST 132,563 117,541 144,373 26,832 22.83% SEPTEMBER 112,165 104,015 OCTOBER 100,202 100,312 NOVEMBER 142,985 144,326 Sub-Total $1,293,678 $1,298,336 $1,004,289 $54,606 5.75% AUDIT ADJ TOTAL $1,293,678 $1,298,336 $1,004,289 $54,606 5.75% WEDC SALES TAX ANALYSIS $180,000 ---_-_______^._ _.._____...__._.___-_________--______. _- $160,000 - $140,000 w $120,000 - $100,000irl 1; a r a� #t ¢ 02009 i $80,000 ', ;� v !aRI 4 , 1 N2010 1 $60,000 w H H, $40,000 ' j 4 'j'' gi 'i ;,. $20,000 d *_ p $o + E 'c 2 to ¢ 2 4 -' j E ° E N 2 .0 2 Q Cl) U Cl) N ul . 0 O 0 Cl) Z Wylie City Council CI_1(TY OF WYLIE AGENDA REPORT Meeting Date: August 24, 2010 Item Number: D. (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: August 5, 2010 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval for a Replat of the Williams Addition, Block A, Lots 1 &2 creating three new commercial lots. Subject property being generally located north of FM 544 and approximately 825 feet west of Springwell Parkway. Recommendation Motion to approve a Replat for Williams Addition, Block A, Lots 1 &2 creating three new commercial lots. Subject property being generally located north of FM 544 and approximately 825 feet west of Springwell Parkway. Discussion The vacant property totals 4.1 acres on two commercial lots and the replat would create three lots and allow for proposed development of Lot 2R. Mutual access easements are being provided and dedicated per this plat to serve all three lots. A Site Plan for an automated single-tunnel carwash facility on lot 2R was approved by the Commission on August 3, 2010. Lots 1R & 3R were approved in concept for commercial/retail and would require final site plan approval prior to any permits being issued for those lots. Part of the approval of the site plan was to designate specific areas for detailing. No detailing would be allowed in front or within 200 feet of the front property line. The elevations adhere to current zoning with a mixture of brick and stone façade. This Replat complies with all applicable technical requirements of the City of Wylie. Planning Commission voted 6-0 to recommend approval of the Replat. Approved By Initial Date Department Director RO 08/05/1 City Manager //ig//0 Page 1 of 1 5 jB pp "Boundary arwmn, ., .,,arn.rwl,.nar.e. "Boundary _______________ _ OWNER: •Denotes point for corner. — DESCRIPTION STATE O TEXAS — — ----_— _ COUNTY of coLLIN Wylie Center, LLC ------- —-- —__ e,Collin County, Sparks 5925 Forest Lone �___- IS g 4e7 of.•Plat Records or Callen County.T Texas.and being further described as Ste. 507 --_—_ Dhows. Dallas, TX 7530 OvITo _ BEGINNING o I 2 cop a"RPL$5 ---�-tea o_l---- t o °��rjyo�_= .Lot er at.•Southwest corner of a Lot aI(Williamson),r" Highway of Blockas_ -- � • cam County,Tro m Moss n IRNaas SURVEYOR: _--- -- es, —��=--_ Addition)bears Sou.s89 degreesc50 minutes 34 second,West,390.83 feet For wt.",, 45:0:a as S d THENCE North 00 degrees 21 E — he Northwest corner of ▪°• t. es dMllTX Rap.Transit /_ (w p77828082m •Northwest corner 1me sawneasr rner f Sind Lin°¢(wunam.Aee„,,:,r ran,er Sc i g NC r s 9 dNrro`s 5 we :n r,.o3.ea f. ° .Nan"Imo cl,am BNDSOL..'ab9 1oOlm 1 g a rn.PO emwr.iec.°e,.mining i�O76 as lane. BLOCK A E NOW, THEREFORE KNOW ALL MEN BY THESE PRESENTS. - • . Yhat.Wylie Center, LL Rep.,of th•Wilton.Addition,Lots S.this BmckT•t designating A rein a r:P•nY as �_ LOT d LOT.'`" LOT$'v enDYCd Addition the City In Count'. en/o a S61 ACHES 1.200 ACRES 1-315 ACRES right-of-ways b Of,.e ill purpose, ry 4 o rl ---—-------• 68000 50. R. 52278 NH. FT. 57269 50. FT. di Improvements°or growths s G: <•m constructed orrplce u o and'hall hove Ins o own d _ : utility ochsenenta e kespb emoved cola sfull hown. to - y E .I l'-,i,- en maintenance.or growth which may in.o rani woy s interfere with the construction, ,.1 ~, - al;t I e.. 9r sys and•gress to tem e: or easement om and nd.public utilities 9Fe n or the W _ n n n n ADUrrION tor n.removing .and adding to merlon orc port'oa Is esprnve•systems Pwithout In•nleTcplr y.at.any prime pocu p U w al a rOT• I C d: o e WITNESS My HAND AT WYLIE, TEXAS.tCI. y of a= o m w a wL. NG.5zz .2010. C " g - `a' "8 ----------- O i xh s Ha.araea.ck,man > _ COUNTY OF COLLIN 0 ge,Texas,on this . GR.m V Onally oppeared Howard Beckerman.known to m•.I.B.person who.name.. ›., ao } ��} clay• scrT•d one considerations eons there.map res,•e. g to m•that ne executed R.some for o purpose GIVEN UNDER MY HAND AND SEAL Of OFFICE this l r a 101: C_ 51 " 0 s.wwrF•mxu•.e warm' � ,, - -- Notary Public In and far Dom" y,Texas pp r -m j '''I- —-- " D:rain"e,an Ex/air..Gn = 7 1 Ly eD 6s3T - r 89 h;=G . i 5 5sf000 w 16969 EGINNING 50J1 W / v/T f M a 54 NOTICE. 0 01 P Mr s•:.x..,rl tr•.rc.a„ Width) - — inp a e Leteso unld.is SURVEYOR'S CERTIFICATE 0 Q (n Rsaa.nmendetl rot ppr0.ol or s e� Ilnes and wl.nol g of ulmx•,one II p permll. HNOeC ALL MEN BY THESE PRESENTS: Q¢Y �Q( FLOOD NOTE: d Laced CO Y W W W s zoning commission ---Dole - 2iiii ab/.a warn ELR.M. .r,:nal I,.:h m oaaardana..un rn.Pear w.,an 0 y I y.. texas ft m. T• iai Pone1,B085C0,15J.1 daroe June 1,01009.1e e▪ ro —""e,an tiny R e.R°"'axons of In• r Q O C s d REPRIM oREVIEW ONLY. I . J J "Approved For Construction' ft, ram r3el is sus' s fnsr T evease shop - el•rmined le be outside the 0.2X annual L o a J m(n SSS Z Mayor,City or Texas Dale VICINITY MAP c•la p°n°d IL D Matthew BusbQR ANY y 5751 —� > O (Not.Sco,e) b d UFO')¢ O 05.10,4' i, STATE O TEXAS W =(�Q U ayar, dr I Wylie.Texas Dote Li[—,J r—. JI _ COUNTY o cool,. this U.~O 4. Z 1`� \l of Texas,on ' OJ�OJ .City s r94 • .•g. r:m.Ina'n....a"r.d..,om.for F- W O °dflr; III n,an ode I —I tolspurpose and considrations therein expr•seed. U U Ii 0 GN DNDER MY HAND AN paw.pheoes,and water and a- the to note the a once.ere m D SEAL Df DFF1 E In1, G D. n.reinaba:.Council ther P signing , a . ) _ r_i II �FR, �� _ !'rkp - -w;.es "one this L _�� l m1e3Q T- Ls 6SCALE:,••-30• Na cry Paola In and I:r Carl,.O:"n;Y. Tra, NL 1-tL�O UV"'X`. LUCltrf yY e,re.aa —eor or — - .ra s 6— 12O' p 'on L - AUG 09 23I= C'ry a 11 My Comm(ss•on E — BY Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 24, 2010 Item Number: E. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: August 18, 2010 Budgeted Amount: Exhibits: Ordinance 2010-13 Subject Consider and act upon, Ordinance No. 2010-13 amending Section 3 of Ordinance 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Recommendation A motion to approve Ordinance No. 2010-13 amending Section 3 of Ordinance 2007-36 and Article IV, Section 110-133 of the Code of Ordinances, establishing a school zone for certain streets; establishing prima facie maximum speed limits during school hours in such zone; providing for installation of signs and markings; regulating vehicular and pedestrian traffic; providing for a penalty for the violation of this ordinance, providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. Discussion The proposed Ordinance establishes school zones on the recently complete portion of Hensley Lane and Woodbridge Parkway in the proximity of Raymond Cooper Jr High School. The Ordinance also establishes a school zone on the recently completed portion of Elm Road in the proximity of Watkins Elementary. Public Works will install the necessary signage along the roadways. Approved By Initial Date Department Director CH 08/ 8/10 City Manager Y/1\A\A (0 Page 1 of 1 ORDINANCE NO. 2010-13 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,AMENDING SECTION 3 OF ORDINANCE NO. 2007-36 AND ARTICLE IV, SECTION 110-133 OF THE CODE OF ORDINANCES, ESTABLISHING A SCHOOL ZONE FOR CERTAIN STREETS; ESTABLISHING PRIMA FACIE MAXIMUM SPEED LIMITS DURING SCHOOL HOURS IN SUCH ZONE; PROVIDING FOR INSTALLATION OF SIGNS AND MARKINGS; REGULATING VEHICULAR AND PEDESTRIAN TRAFFIC; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS,the City Council of the City of Wylie,Texas("City Council")finds it necessary to amend Section 3 of Ordinance No. 2007-36 and Article IV, Section 110-133 of the Code of Ordinances to coordinate with the change in school attendance times and to establish maximum speed limits within the areas and at the locations named and designated in the body of this Ordinance, all within the corporate limits of the City of Wylie, Texas (the "City"), and in the immediate vicinity of school areas,during periods of time,which shall be set by the City's Engineer, when the schools are in session and school children are going to and from schools and playgrounds; and. WHEREAS, the City Council finds that it is necessary for the protection and safety of pedestrians crossing streets in school areas to establish maximum speed limits and to prohibit the overtaking and passing of motor vehicles within the school zone; and WHEREAS,the City Council has investigated and determined that it would be advantageous and beneficial to the citizens of the City to amend Section 3 of Ordinance No. 2007-36 and Article IV, Section 110-133 of the Code of Ordinances as set forth below. NOW THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: AMENDMENT TO SECTION 3 OF WYLIE ORDINANCE NO. 2007-36 AND ARTICLE IV,SECTION 110-133 OF THE CODE OF ORDINANCES.Wylie Ordinance No. 2007-36, Section 3 and Article IV, Section 110-133 of the Code of Ordinances are hereby amended as follows: Ordinance No. 2010-13 Amendment to Ordinance No. 2007-36 School Zone "School Zones a) Vehicle speed and operation generally: It shall be unlawful for any person to operate or drive any vehicle at a speed greater than the speed designated or posted, or to overtake or pass any other vehicle in any school zone as may be marked or designated within the City during the hours indicated upon signs erected in such zone, or whenever children are present in such zones, or when such zones have an alternating flashing light in operation. b) Speed limits: The following prima facie maximum speed limits hereinafter indicated for motor vehicles are hereby determined and declared to be reasonable and safe. Such maximum speed limits are hereby fixed at the rate of speed indicated for motor vehicles traveling upon the main street or highway, or parts of the main street or highway, and no motor vehicle shall be operated along or upon such portions of the named streets or highways within the corporate limits of the City in excess of the speeds set forth as follows: 1) Twenty(20) miles per hour on school days, on the following streets: a. On Brown Street from a point one hundred fifty feet (150') west of the point of its intersection with Rustic Trail to a point three hundred sixty feet (360') east of the point of its intersection with Westgate Way. b. On Birmingham Street from the point of its intersection with Williams Street,one hundred fifty feet(150')south to the point of its intersection with West Stone Road. c. On Park Boulevard from the intersection of Westgate Way, west to the intersection of Country Club (FM 1378). d. On Westgate Way from the intersection of Park Boulevard,south one hundred fifty feet(150'). e. On Westgate Way from a point(1260') north of its intersection-of with Brown St.,-to a point (1170') south of-its intersection with Brown St. 2) Twenty(20)miles per hour on school days, on the following streets: a. On Kirby Street from a point two hundred feet(200')east of the point of its intersection with Memorial Drive to the point of its intersection with Birmingham Street. b. On Springwood Lane from the point of its intersection with Lanwood Drive to the point of its intersection with W.A. Allen Boulevard. c. On Lanwood Drive from a point five hundred twenty five feet(525') north of its intersection with Springwood Lane, south to the point of its intersection with Heatherwood Lane. d. On Heatherwood Lane from its intersection with Lanwood Drive to two hundred fifty feet (250') west of intersection with Castlewood Drive. Ordinance No. 2010-13 Amendment to Ordinance No. 2007-36 School Zone e. On W.A. Allen Boulevard from a point one thousand feet (1000) north of the point of its intersection with Springwood Lane to a point two-tenths (2/10) of a mile south to the intersection of Stone Road. f. On Stone Road from a point four hundred feet(400')west of the point of its intersection with Allen Road to a point east of the point of its intersection to Stonehedge Drive. g. On Lanwood Drive west to Castlewood Drive. h. On Heatherwood Drive from W.A. Allen to the intersection of Lanwood Drive. i. On Heatherwood Drive from its intersection with Brentwood Drive to a point, (250') north of the intersection. j. On Park Boulevard from the intersection of Country Club Road,west one hundred fifty feet(150'). k. On Cheyenne Road from Park Boulevard, north to one hundred fifty feet (150') north of the intersection of Tuscalosa Drive. 1. On Tuscalosa Drive from the intersection of Cheyenne Road,east five hundred feet(500'). m. On McCreary Road from the intersection of Riverway Lane,south one thousand feet (1000'). n. On McCreary Road from the intersection of Riverway Lane,north one thousand feet (1000'). o. On Riverway Lane from McCreary Road, east two-tenths(2/10) of a mile to one hundred feet (100') west of the intersection of Meandering Drive. p. On Appalachian Drive from the intersection of Riverway Lane,south one hundred fifty feet(150'). q. On Springtide Drive from the intersection of Riverway Lane, north one hundred fifty feet(150'). 3) Thirty-five(35)miles per hour on school days, on the following streets: a. On Country Club Road from the intersection of Park Boulevard, south five hundred feet(500'). b. On Country Club Road from the intersection of Park Boulevard,north one thousand feet(1000'). 4) Twenty(20)miles per hour on school days, on the following streets: a. On Pirate Drive from the point of its intersection with Hilltop Street to a point of its intersection with Ballard Street. b. On Hilltop Street from the point of its intersection with Pirate Drive to a point of its intersection with Stone Road. c. On Kirby Street from the intersection of Birmingham,east to Ballard Street. d. On Ballard Street from the intersection of Stone Road, south to two hundred feet(200') north of the intersection of Stoneybrook Drive. Ordinance No.2010-13 Amendment to Ordinance No. 2007-36 School Zone 5) Twenty(20) miles per hour on school days, on the following streets: a. On Wylie East Drive from a point (1000') north of its intersection with Brown St. to a point (100') south of the Brown St intersection. b. On Brown St. from its intersection with Wylie Drive East to a point (100') west of the intersection. 6) Twenty(20)miles per hour on school days, on the following streets: a. On Hooper Road from its intersection with New Hensley Ln. south to its intersection with Old Hensley Ln. b. On the southbound lanes Woodbridge Pkwy from 500 feet north of its intersection with New Hensley Ln. to its intersection with New Hensley Ln. c. On the northbound lanes of Woodbridge Pkwy from its intersection with New Hensley Ln to the north property line of the Broad Stone Apartments. d. On New Hensley Ln. from its intersection with Woodbridge Pkwy east to a point 400 feet east of the east property line of the Raymond Cooper Jr High School. 7) Twenty(20)miles per hour on school days, on the following streets: a. On Elm Rd. from its intersection with FM 544 west to a point 400 feet west of its intersection with Timber Falls Dr. b. On Timber Falls Dr from its intersection with Elm Rd to a point 200 feet south of the intersection. The appropriate hours of enforcement for such maximum speed limits shall be set by the City's Engineer. The speed limits contained in this section shall not be effective until signs giving notice of such regulations are posted upon or at the entrances to those portions of the street or highway affected as may be most appropriate in accordance with the Uniform Manual on Traffic Control Devices, as amended, promulgated by the state department of transportation. The city manager or his duly authorized representative is authorized and directed to cause to be erected such appropriate signs." SECTION 4: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars($500.00). Each continuing day's violation or separate act under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a Ordinance No. 2010-13 Amendment to Ordinance No. 2007-36 School Zone prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6: Severability. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance,and each section,subsection,clause or phrase hereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the Wylie City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this day of , 2010. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Ordinance No.2010-13 Amendment to Ordinance No. 2007-36 School Zone 7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 24, 2010 Item Number: 1. Department: Finance (City Secretary's Use Only) Prepared By: Linda Bantz Account Code: Date Prepared: August 17, 2010 Budgeted Amount: Exhibits: Subject Hold a Public Hearing on the fiscal year 2010-2011 Proposed Budget and provide all interested persons an opportunity to be heard, either for or against any item in the proposed budget; and set and announce the date, time and place of the meeting at which Council will vote on the final proposed budget. Recommendation Motion to set September 14, 2010 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, TX as the date, time and place at which Council will vote on the final proposed budget. Discussion A Public Hearing is required to be held on the fiscal year 2010-2011 Proposed Budget. In addition the time date, time and place that the vote will be taken on the final proposed budget must also be scheduled. All interested persons shall be given an opportunity to be heard, either for or against any item on the proposed budget. At the end of the Public Hearing, the City Council will schedule the date, time and place that the vote will be taken on the final proposed budget. This meeting is currently scheduled for September 14, 2010 at 6:00 p.m. in the Council Chambers of the Wylie Municipal Complex, 2000 Highway 78 North, Wylie, TX. The Local Government Code requires the City to follow certain meeting and notice(publication) guidelines. Approved By Initial Date Department Director LB 8/ 7/10 City Manager fildr' /(��cv Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 24, 2010 Item Number: 2. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: August 5, 2010 Budgeted Amount: $ Exhibits: Five Subject Hold a Public Hearing and consider, and act upon amending the zoning from Agricultural/30 (A-30) District to Commercial Corridor(CC) District to be located on the northeast corner of S.H. 78 and E. Brown Street. ZC 2010-03 Recommendation Motion to approve amending the zoning from Agricultural/30 (A-30) District to Commercial Corridor(CC) District to be located on the northeast corner of S.H. 78 and E. Brown Street. ZC 2010-03 Discussion Owner: Ladylike Shop, Inc. Applicant: Mitchell Planning Group, LLC The subject property is located at the northeast corner of S.H. 78 and E. Brown Street and consists of 2.772 acres. The property is currently zoned A-30 and has been used for warehousing/Self-storage purposes in the past and has never been platted. FEMA Floodplain Zone "AE" runs along the northern property line and includes a heavily vegetated tree line. The applicant is requesting to rezone the property to Commercial Corridor (CC) District to allow for a convenience store selling gasoline, beer & wine. A Zoning Exhibit is attached hereto and made part of this request. The zoning exhibit depicts the proposed layout of the facility. A final site plan and final plat will be submitted to the Planning & Zoning Commission and the City Council for recommendation and approval. Two metal storage buildings totaling 18,800 sq. ft. currently occupy the parcel and will be removed prior to construction of the new facilities. As reflected on the zoning exhibit, the applicant is proposing a single story building on the site with two separate canopies to house twenty (20) gasoline pumps. The proposed development of the property shall conform to current nonresidential design standards including exterior building material, site and building articulation as well as landscaping. With the widening of Brown Street and the expansion of S.H. 78, the City Engineer will coordinate with TxDot and the applicant to establish proper layout of egress and ingress including but not limited to left turn lanes into the subject property. Page 1 of 2 Page 2 of 2 Twenty (20) notifications were mailed to property owners within 200 feet in accordance with State Law. As of August 5, 2010 one (1) response opposing the request and one (1) response in favor of the request was received. Zoning request signs were provided and properly placed in accordance with Article 8, Section 8.1.3 Posting property for zoning changes. PLANNING COMMISSION DISCUSSION The Commission briefly discussed the proposed elevation of the tanks as it relates to the 100 year floodplain. The applicant expressed that the Finished Floor Elevation would be around 23', which is well above the floodplain. However, these details will be worked out during the site planning and engineering phases. Other questions dealt with signage and the overall design standards being proposed. Again, staff reiterated that these would be addressed during the site planning process. The re-zoning request is for straight zoning of Commercial Corridor; therefore, design standards must meet or exceed the current design requirements as outlined in Article 4 Nonresidential Design Requirements of the Comprehensive Zoning Ordinance. With no one else in the audience requesting to speak, the Chairman closed the Public Hearing. Planning and Zoning Commission voted 6-0 to recommend approval of the requested zoning change. Approved By Initial Date Department Director RO 08/05/10 City Manager it�n 1 Sii0() Exhibit"A" Legal Description Zone Case#2010-03 Being a 2.772 acre tract of land situated in the Francisco De La Pina Survey, Abstract No. 688,City of Wylie, Collin County, Texas, and being a part of a called 24.482 acre tract of land described in Warranty Deed to The Ladylike Shop,Inc. as recorded in Volume 1030, Page 416,Deed Records, Collin County, Texas and being more particularly described as follows: Beginning at a 'A"iron rod with plastic cap stamped"SPIARSENG" set for corner at the intersection of the north line of East Brown Street(Variable width public right-of-way)with the southeast line of State Highway No. 78(Variable width public right-of-way); THENCE North 52°26'56"East along said southeast line of State Highway No 78,.for a distance of 116.79 feet to a concrete right-of-way marker found for corner; THENCE North 51°42'57"East continuing along said lines, for a distance of 391.35 feet to a V2"iron rod with plastic cap stamped"SPIARSENG" set for corner, from which a concrete right-of-way marker (controlling monument)found for corner bears North 51'42'57"East, 621.00 feet;. 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ME 11 W V J I 8 12 10 it 20 10 :rn 0=For CATION MAP OWNER NOTIFI X=Against ZONING CASE #2010-03 NOTIFICATION REPORT APPLICANT: Karen Mitchell with the Mitchell Planning Gro APPLICATION FILE 2010-03 PO Box 137118 Fort Worth, Texas 76136 # 3LKIABSI LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 1 Oaks Retail PO Box 490 2 BIk 2 Lot 3A R-1467-002-003A-1 Wylie ISD Wylie, Texas 75098 Oaks Retail 709 N. State Hwy. 78 3 BIk 2 Lot 4 R-1467-002-0040-1 Norken Investments Corp Wylie, Texas 75098 Oaks#1 2019 Highland Drive 4 Blk B Lot 1 R-1241-002-0010-1 Adam Leggett Wylie, Texas 75098 Oaks#1 2019 Highland Drive 5 BIk B Lot 2 R-1241-002-0020-1 Adam Leggett Wylie,Texas 75098 Oaks#1 419 Welch Drive 6 Blk B Lot 3 R-1241-002-0030-1 Dallas Whirlpools, Ltd Farrnersville, Texas 75442 Oaks#3 107 Hollow Tree Drive 7 BIk 1 Lot 1 R-1437-001-0010-1 Plane Blackford Red Oak,Texas 75154 Oaks#3 PO Box 1689 8 BIk 1 Lot 2 R-1437-001-0020-1 Daryl Schweitzer Wylie,Texas 75098 Oaks#4 212 Liberty Drive 9 Blk B Lot 1 R-1436-002-0010-1 Ildefonso Lopez Wylie,Texas 75098 Oaks#4 2368 E. FM 552 10 BIk B Lot 2 R-1436-002-0020-1 Steven Bander Rockwall, Texas 75087 Oaks#4 211 Douglas Drive 11 BIk B Lot 29 R-1436-002-0290-1 John Taylor Wylie, Texas 75098 Oaks#4 213 Douglas Dove X 12 BIk B Lot 30 R-1436-002-0300.1 Ronald Wangler Wylie, Texas 75098 Oaks#4 210 Douglas Drive 13 BIk C Lot 1 R-1436-003-0010-1 Betty Robertson Wylie,Texas 75098 Oaks#4 1761 E. Saint Andrew Place 14 Blk C Lot 2 R-1436-003-0020-1 Deutsche Bank Nat'l Trust Co Santa Ana, CA 92705 Oaks#4 213 Liberty Drive x o 15 BikA Lot 1 R-1436-001-0010-1 Allan Snider Wylie, Texas 75098 cn o Oaks#4 209 Liberty Dove 5' 17 BIk A Lot 2 R-1436-001-0020-1 Fabian Hernandez Wylie, Texas 75098 cn PO Box 516 0 18 Abst 688-1 Tract 92 R-6688-001-0920-1 Ladylike Shop, Inc. Wylie,Texas 75098 PO Box 516 19 Abst 688-1 Tract 93 R-6688-001-0930-1 Ladylike Shop, Inc. Wylie, Texas 75098 PO Box 3067 20 Abst 688-1 Tract 221 R-6688-001-2210-1 State of Texas Dallas, Texas 75221 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2010-03. XI am.AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2010-03. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 3,2010,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,August 24,2010,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: RON WAN 64-C t2, (please print) Address: 7 t 1 p u(AA-, Signature: �L Date: -7 ( [(o COMMENTS: �.-y �p 1%)*" .`C �r.rt,f-e-�5 sS`��7 L3 t r= 0 (ram`- lr"6,4- C.- e�.S 5'i-' ✓`"�+ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 Y I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2010-03. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2010-03. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,August 3,2010,6:30 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,August 24,2010,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: rAk/VeLtft (please print) Address: •dar '`'✓t/ 7; 7T°5f Signature: / W' """`l•.f Date: XIjo COMMENTS: "f 3 cJ:'l/,�t. ce 5,y►n114,7,ei- t v1,(1)440itr,,- .,l 1/1„ 44( ki,e -'+M o 4/f fe- ?I\ \ \ O \\ \\ \\ \ • 1 \ \\ • d \ \ J ' \ \4 \\ �h \\ \ • A P GdS ,L I \ �`) — ` M I.r' r \`a \ \\ \ )I ) —i safe v •ss y' 1 1 A v.a VI 1 A A\ 1 a m W I \/ \\* \\>. \\\ems c^ \ 1 \\♦ \ 1p I° v v • \ v - • Yr� l ‘10, „,/.,\.,\ \\\'', \ \ \ ■ yvvI I � Iv \\ \ (0..-\,2 v. I11381-1 I I A� �� /" vv'1\ G ' I /" N R o a 0 'h \ x ' \\ " \\ I hoc .46 21 1 I 1 z L IIn CONTACTI,RACETRAC PETROLEUM.INC, 'ROJECT MANAGER PRIOR TO ANY REVISIONS TO THDPLAN SUPPLIER BY RACETRAC PETROLEUM.INC. III- ZONING ERRIBIT 7 I — (ONCFPTRACETR PI AN t a D RACETRAC SERVICE STATIC — RACETRACPETROLEUM,INC �.. 1 ISH 78 ®EBROWN ST WYLIE TH 3225 CSUITE 100ANO BLVD. `a�'°"""' SUITE io..m a..m..� I I,I" 1 -30 0 'n.a T 001410 ATLA TA, 431-IA 30339 ra.ua..s a.ro�.0 nv 0.n E.J N_ �aw000P100 ` (770)4}i-]600 N0. REVISIONS City of Wylie, Texas City Council Meeting August 24, 2010 Presented by: Karen K. Mitchell Mitchell Planning Group, LLC fRacerrac Celebrating75 Years as a Family - O wned B usiBoLcH ness . , s, GAS FOR LESS 1!*- R7 ;. f ' ; . ,' cARLBacH r 11 ew P - ' I i ICY" -ivi4 mill . a 1 _ 0 r.. �"'1 r �, • a "..._ .. —_ .R _ - .-.... 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B t . __ __,. ,..-,- --I.--------------rmb....___„ _ __,___________________----__.___-------,..------------ - ------- -- _ ,,ital11111111." . .--,-..- -P;11 — - ilo i,li" Racerfrac -7; ; . T pool • ...._______ _ , _ . .14 4,-_,.-4.:. /Aar For doer fr. -5:: /„..d . . , . - _ '---7 4"Alir"rAr • i i - -, ' ' - ., ;::— . if 6 -'F:::::.: a mi„,-A 1 . mi, ;_...,mi,„,i In _ .,.._ ..„. .___. _- . a . .. ......,__ , . .„_,.. _3 r ill _ , II s 10. `i. mu ,Th sit y— — ram 4 _- _ __ - - • -7 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: August 24, 2010 Item Number: 3 Department: City Manager (City Secretary's Use Only) Prepared By: City Secretary Account Code: Date Prepared: August 16, 2010 Budgeted Amount: Exhibits: Ordinance No. 2005-55 Subject Consider, and act upon the appointment of a committee member to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Recommendation Motion to appoint to the City of Wylie City Council Subcommittee to represent the City of Wylie in meetings with the Wylie Independent School District City/Schools Partnerships Committee. Discussion In 2005, the Wylie Independent School Board formed an advisory standing committee called City/School Partnerships. The committee consists of three (3) WISD Board of Trustee members and three City of Wylie Council members. The purpose of the committee is focused on discussing existing and new partnerships between the Wylie Independent School District and the City of Wylie. Pursuant to Ordinance No. 2005-55, the Subcommittee shall consist of three members, to be appointed by the Wylie City Council for the remainder of the term that said member serves on the council or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term (of office), that member shall not continue his/her membership until replaced. Current members serving on the sub-committee are: WISD Trustee members: Chair, Ronni Fetzer, trustee member Stacie Gooch and trustee member Lance Goff. Current City Council members are: Chair, Kathy Spillyards, Mayor Eric Hogue, and Council member Rick White. Also in attendance are: WISD Committee facilitator Dr. John Fuller and City of Wylie facilitator City Manager Mindy Manson. Kathy Spillyards was re-elected to the Wylie City Council in 2010 leaving that position on the Subcommittee vacant per Ordinance No. 2005-55. Staff is requesting this position on the subcommittee be filled either by re-appointment or the selection of another council member to serve in this capacity. Approved By Initial Date Department Director MM 8-16-2010 City Manager VRIAA g (4 11 D Page 1 of 1 _ ORDINANCE NO. 2005-55 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, CREATING, ESTABLISHING AND APPOINTING THE CITY COUNCIL SUBCOMMITTEE FOR WISD RELATIONS; PRESCRIBING THE PURPOSE, COMPOSITION, FUNCTION, DUTIES, AND TENURE OF EACH SUBCOMMITTEE MEMBER; AND PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), has investigated and determined that it will be advantageous and beneficial to the City of Wylie, Texas ("Wylie") and its citizens to create a City Council Subcommittee for WISD Relations, as set forth below; and WHEREAS, the City Council desires to prescribe the purpose, composition, function and duties of said Subcommittee; and WHEREAS, the Board of Trustees of the Wylie Independent School District ("WISD") has established a similar subcommittee of its members to work with the City's subcommittee ("WISD Subcommittee"); and WHEREAS, the City Council desires to appoint members to the Subcommittee and prescribe the duties and tenure for said members. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Establishment of Subcommittee. A. There is hereby created the City Council Subcommittee for WISD Relations (the "Subcommittee") of the City Council, and such Subcommittee shall meet with WISD representatives to work on maintaining and recommending partnerships between the City and WISD and to further a positive working relationship between the City and the WISD, and any other such functions as the City Council may direct in writing. It shall function according to the laws of the State of Texas and the provisions of this Ordinance. The Subcommittee shall serve in an advisory capacity to the City Council. B. The Subcommittee shall consist of three members, to be appointed by the City Council for the remainder of the term that said member serves on the City Council, Page 1 Ordinance No. 2005-55 Subcommittee for WISD Relations or until said member resigns from the Subcommittee, whichever occurs first. If a replacement has not been appointed by the City Council upon the expiration of a member's term, that member shall not continue his membership until replaced. C. When vacancies occur on the Subcommittee, the City Council shall appoint, by majority vote, a replacement to serve the remainder of that term. D. Each Subcommittee Member shall serve at the pleasure of the City Council and may be removed at the discretion of said Council. F. Each Subcommittee Member shall serve without compensation, but may be reimbursed for actual expenses approved in advance by the City Council. G. The Subcommittee shall keep and maintain minutes of any and all proceedings held and shall submit a written or make an oral report of such proceedings to the City Council not more than three (3)weeks following each such meeting. SECTION 3: Officers. The Subcommittee shall have a Chair and Vice-Chair whose terms shall be one (1) year. The Chair and Vice-Chair shall be elected by the members of the Subcommittee. The Chairperson shall preside over meetings. The Vice-Chair shall assist the Chair in directing the affairs of the Subcommittee. In the absence of the Chair, the Vice-Chair shall assume all duties of the Chair. SECTION 4: Duties and Responsibilities. The Subcommittee shall have the following duties and responsibilities: a. Advise and make recommendations to the City Council on matters relating to the City's relationship with WISD and on ways to maintain and develop partnerships with WISD. b. Attend meetings with the WISD Subcommittee and other designated WISD representatives. c. Any other duties requested in writing to be performed by the City Council that are consistent with the purposes of forming the Subcommittee. Page 2 Ordinance No. 2005-55 Subcommittee for WISD Relations SECTION 5: Power to Obligate and Finance. The Subcommittee shall have no power to obligate Wylie in any manner whatsoever. The Subcommittee's finances shall be handled in the same manner as any division of the City Government. SECTION 6: The City Manager shall act as facilitator to the City Council Subcommittee for WISD Relations. SECTION 7: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 9: Effective Date. This Ordinance shall become effective immediately upon its passage and execution. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 25th day of October, 2005. S,(\�' ,J MO Y, ayor ATTEST: _ SEAL J ... . , . , .. --,, ,,,i,,, .. .,... ,. c... .i• ��iif�Yr or/ _ / , ( ..-f,, ,,,, I L T .,.. CAR LE EHRLI( ', City Secretary Date to be published in The Wylie News—November 2, 2005 Page 3 Ordinance No. 2005-55 Subcommittee for WISD Relations Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: 08-24-2010 Item Number: 4. Department: CM (City Secretary's Use Only) Prepared By: Jeff Butters Account Code: Date Prepared: 07-30-2010 Budgeted Amount: $ NA Solar electric system design and installation proposal and Exhibits: agreement Subject Consider and act upon Resolution No. 2010-28 authorizing the City Manager to execute the Solar Electric Design and Installation Agreement between the City of Wylie and Meridian Solar, to be purchased through a State Energy Conservation Office's (SECO) Energy Efficiency and Conservation Block Grant Agreement. (J. Butters, Assistant City Manager) Recommendation Motion to approve Resolution No 2010-28 authorizing the City Manager to execute the Solar Electric System Design and Installation Agreement between the City of Wylie and Meridian Solar. Discussion The City of Wylie has received both an EECBG grant and an Oncor Energy rebate for the design and installation of a PV solar electric system on the Wylie Municipal Complex. Once the funding agreements are finalized, and the City of Wylie gets the notice to proceed, the City will be required to enter into an agreement to design and install the PV solar system with an approved provider. Having the agreement in place in advance will allow us to begin construction sooner. The funds received from the ECBG grant and Oncor will pay for the entire system, the City of Wylie will not incur any costs. The agreement is contingent upon the City obtaining the promised funding for the project, should the funding not be received for any reason the agreement will be null and void. Meridian was recommended to us by CLEAResult Consulting(on behalf of Oncor) as an excellent provider with good experience and reputation. Meridian is on State Contract with the PV system so that all State mandated bidding requirements have been met. Approved By Initial Date Department Director JB 8-5-2010 City Manager i�l i t 2 )1(4(v Page 1 of 1 RESOLUTION NO. 2010-28(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE THE SOLAR ELECTRIC DESIGN AND INSTALLATION AGREEMENT BETWEEN THE CITY OF WYLIE AND MERIDAINA SOLAR, TO BE PURCHASED THROUGH A STATE ENERGY CONSERVATION OFFICE'S (SECO) ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT AGREEMENT. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, a Solar Electric Design and Installation Agreement between the City of Wylie and Meridian Solar, to be purchased through a State Energy Conservation Office's (SECO) Energy Efficiency and conservation Block Grand Agreement. SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie Texas, on this the 24th day of August, 2010. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2010-28(R) Solar Electric Design and Installation Agreement EXHIBIT "A" Agreement 563458-1 Meridian Solar Electric System Design and Installation Agreement This agreement ("Agreement"), entered into this 24th day of August, 2010, is between the following parties: Meridian Solar, Inc., a licensed electrical contractor, Texas Department of Licensing and Regulation License No. 24461, (hereinafter"Meridian Solar") and the City of Wylie(hereinafter"Puchaser"). Project Description The project address is the City of Wylie Civic Center, located on the East side of FM 1378 between Brown Street and FM 544 at 200 Country Club Road, Wylie, TX 75098 in the office of the County Recorder of Collin County, State of Texas. Meridian Solar agrees to construct the improvements specifically described in Meridian Solar's Proposal, dated July 9, 2010 ("Proposal") and attached hereto as Attachment "A" ("the Work"), and the description of the Work therein is incorporated herein for all purposes. As a part of this Agreement, Meridian Solar also shall be bound by all subcontractor requirements that are described by the State Energy Conservation Office's (SECO) Energy Efficiency and Conservation Block Grant Agreement with Purchaser, dated , 2010 and attached hereto as Attachment`B." In the event that the SECO Grant Agreement with Purchaser has not been fully executed at the time Purchaser intends to obtain City Council approval of the Agreement, Purchaser's obligations under this Agreement are contingent upon full execution of Exhibit"B" and Purchaser will provide Meridian Solar with notice to proceed with the project at that juncture. Any additional description, specifications, notes, and plans are attached as exhibits and shall be initialed by both parties. The contents of any such exhibits are also incorporated herein by reference. Payment Meridian Solar is providing TXMAS pricing to Purchaser per TXMAS contract number TXMAS 10- 56080. In exchange for the Work, Purchaser agrees to pay the Contract Price, being $129,835. The Contract Price, as detailed in the Proposal, is payable as follows: • $86,365 pursuant to progress billing as outlined under the State Energy Conservation Office's Energy Efficiency and Conservation Block Grant Agreement with Purchaser; and • $43,470 upon final inspection and approval of the Work by Oncor. Timing of Work Work shall commence within ten (10) days after Meridian Solar has obtained all necessary building permits, assuming that Purchaser has complied with all terms and conditions of the Agreement to date. The target date for commencement of the Work is June 30, 2011, with substantial completion anticipated approximately fifteen (15) calendar days thereafter, with additional time to be allowed as detailed in paragraph entitled "Delays" in Other Terms and Conditions. Other Terms and Conditions NOTICE. Any notice required to be given hereunder shall be done in writing to the addresses set out herein. If to Meridian Solar: Mark Begert Meridian Solar 1 Meridian &) L .\ R 4109 Todd Lane, Suite 900 Austin, TX 78744 (512)448-0055 If to Purchaser: City of Wylie Municipal Complex 2000 Hwy 78 N Wylie, TX 75098 ASBESTOS AND HAZARDOUS MATERIALS. This contract does not contemplate any work, removal, testing, or inspection relating to asbestos or other hazardous materials. Meridian Solar shall not be responsible if, in the course of the Work, asbestos or hazardous materials are uncovered, and Meridian Solar shall have the right to halt work immediately in that event and until Purchaser has corrected the condition. SUBCONTRACTORS. Meridian Solar may subcontract all or any portion of the work. EXISTING VIOLATIONS AND CONDITIONS. Meridian Solar shall not be held responsible for any existing violations of applicable building regulations or ordinances, whether cited by the appropriate authority or not. Meridian Solar is not responsible for any abnormal or unusual preexisting conditions. DELAYS. Meridian Solar agrees to start and diligently pursue work through to completion, but shall not be responsible for delays for any of the following reasons: failure of the issuance of all necessary building permits within a reasonable length of time, funding of loans, disbursement of funds into funding control or escrow, acts of neglect or omission of Purchaser or Purchaser's employees or Purchaser's agent, acts of God, stormy or inclement weather, strikes, lockouts boycotts, or other labor union activities, extra work ordered by Purchaser, acts of public enemy, riots or civil commotion, inability to secure material through regular recognized channels, imposition of government priority or allocation of materials, failure of Purchaser to make payments when due, or delays caused by inspection or changes ordered by the inspectors of authorized governmental bodies, or for acts of independent contractors, or holidays, or other causes beyond Meridian Solar's reasonable control. UTILITIES. The Purchaser is responsible for water, gas, sewer and electric utilities, from the appropriate agency to the metering device, unless otherwise agreed to in writing. The Contract Price does not include an electrical service amperage upgrade ("heavy up") or the installation of any electrical sub-panel to the existing panel, either of which shall be charged out separately as provided under"EXTRA WORK," below. DAMAGE OR DESTRUCTION. If the work or any portion of it is destroyed or damaged by fire, storm, flood, landslide, earthquake, theft, or other disaster or accidents, any work done by Meridian Solar to rebuild, etc., shall be paid for by Purchaser as an Extra and dealt with as herein provided for under"Extra Work". 2 Meridian PURCHASER'S PROPERTY. It is the Purchaser's responsibility to remove or protect any personal property including, but not limited to, carpets, drapes, furniture, driveways, lawns, and shrubs, and Meridian Solar will not be held responsible for damages or loss of said items. EASEMENTS OR OTHER RESTRICTIONS. Prior to construction, the Purchaser is to give Meridian Solar a copy of any easements, restrictions, or rights of way relating to Meridian Solar's work. If Purchaser does not do so, Meridian Solar is entitled to assume that none exist. PERMITS. Meridian Solar will obtain and pay for all required permits related to the Work. Purchaser will pay any other assessments and charges required by public bodies and utilities. EXTRA WORK: WRITING. Modifications or additions to the work covered by this contract, other than trivial or de minimis departures from the Description, shall be in writing and signed by both parties. However, any failure by Meridian Solar to have written authorization for modifications or additions to the work that are reasonably necessary shall not bar Meridian Solar being reasonably compensated for such work. INTEGRATION. This contract, including incorporated documents, constitutes the entire agreement of the parties. Any and all other prior or contemporaneous agreements, whether written or oral, are merged herein. No other oral or written agreements between Meridian Solar and Purchaser, regarding work to be performed exist. ARBITRATION. Disputes arising under or related to this agreement shall be submitted to arbitration under the auspices of the Construction Industry section of the American Arbitration Association. The decision of the arbitration panel shall be binding on the parties. ATTORNEY FEES. In the event that a party resorts to arbitration or legal action to enforce any aspect of this Agreement, the prevailing party shall be entitled to an award of reasonable attorney fees in said action or arbitration, in addition to costs and reasonable expenses incurred in the prosecution or defense of said action or arbitration. CHOICE OF LAW. This agreement shall be construed in accordance with, and governed by, the laws of the State of Texas. Venue for any action shall be in a court of appropriate jurisdiction in Collin County, Texas. MECHANIC'S LIENS. The Purchaser shall furnish to Meridian Solar on request any information relevant to Meridian Solar's evaluation, notice, or enforcement of Meridian Solar 's mechanic's lien rights. If any claim or dispute relates to or is the subject of a mechanic's lien, the party asserting such claim or dispute may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the Claim by arbitration. REPRESENTATIONS. Meridian Solar makes no representations as to the eligibility of the Project or the Work for any federal tax credits or similar relief. Meridian Solar makes no representation concerning the final rebate amount granted by the local utility provider. ASSIGNMENT AND SUBLETTING. Meridian Solar agrees that neither this Agreement nor the Work to be performed hereunder will be assigned or sublet without the prior written consent of Purchaser. Meridian Solar further agrees that the assignment or subletting of any portion or feature of the Work or materials required in the performance of this Agreement shall not relieve Meridian Solar of its full obligations to Purchaser as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Meridian Solar, and there shall be no third party billing. 3 Meridian 0 SUCCESSORS AND ASSIGNS. Purchaser and Meridian Solar, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. SEVERABILITY. In the event of a term, condition, or provision of this Agreement is determined to be invalid, illegal, void, unenforceable, or unlawful by a court of competent jurisdiction, then that term, condition, or provision, shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained herein. EXECUTION AND CONSIDERATION. This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. AUTHORITY. The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the other party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. WAIVER.. Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit, or waive such party's right thereafter to enforce and compel strict compliance. HEADINGS. The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. MULTIPLE COUNTERPARTS. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. SOVEREIGN IMMUNITY. The parties agree that Purchaser has not waived its sovereign immunity by entering into and performing its obligations under this Agreement. ADDITIONAL REPRESENTATIONS. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. MISCELLANEOUS DRAFTING PROVISIONS. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. NO THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 4 Meridian By signing and dating below, you are indicating receipt of all three (3) pages of this Agreement and your assent thereto: City of Wylie Date Meridian Solar, Inc. Date 5 Meridian July 9, 2010 RE:24.84 kW Proposal for Solar PV Design,Supply,and Installation Services Associated with the City of Wylie Civic Center I l , 111H111 '"tom_ i - ,-,, 1 :�;.,--..' 1 — W , .�I 1 — iEr 111..._ F x e raT i . 1 — by _ im 3 .�i 14 '::,.... ;j4\---1,;?- -4 1- •:`. i ....1i It 1 ! . ..! , , ,, , H : . ,1,,1 --- ,1 li I' l 1 H I I i 1 I t 42 D _ s 1 I .........:—mt �immi;E',mmmMimmm��!'m simairilli .'. ! . 1 •-... 11- 11 I a sirs _. I ri. �pm.i...47 tGNLdFI&UNIEti `' S >•.. krY W.PM 52O77 Page 1 of 8 Meridian N. 0 I, X Executive Summary Meridian Solar, Inc. ("Meridian Solar") recognizes that the City of Wylie ("City") requires a high-quality solar system that provides financial value in terms of power output and cost over the 25+year useful life of the investment. Since 1999, Meridian Solar has delivered robust commercial scale solar systems to private, municipal, State, and Federal clients who demand significant performance to capture the system's long-term returns. Meridian Solar differentiates itself from the competition through our premier in-house design and project management expertise, which includes two NABCEP-certified master electricians with extensive solar experience supported by seven NABCEP-certified system designers, project managers,and solar technicians. At Meridian Solar, we understand that solar is a long-term investment, and we design and implement high-quality, superior functioning systems to reflect our client's need for sustained value and optimal performance over time. Meridian Solar prepared this proposal to assist the City in gaining a thorough understanding of the costs and benefits associated with the professional design and installation of a solar photovoltaic energy system mounted on the roof of the Wylie Civic Center in Wylie,TX. Meridian Solar has performed a full design review and cost estimate analysis of its October 2009 original proposed system for this project. This assessment has resulted in a newly designed proposed system for meeting the project's capacity, energy production, and budgetary objectives with the highest value currently available technology. The following is a proposal to design,supply,and install a 24.84 kW grid-tied solar electric system for the City of Wylie. Meridian Solar's turn-key price includes all necessary drawings for permits, permitting, installation,training of facility maintenance personnel, commissioning of the system,final drawings,and operation manuals. The system is designed to maximize the City's economic return by taking advantage of the $ 43,470 rebate available through Oncor's Solar Rebate Program. The estimated system cost for the solar PV installation is$ 129,835. Project Summary Meridian Solar's proposed system consists of(108)Schott 230 watt modules mounted on the roof of the Wylie Civic Center and paired with three high efficiency SMA 7000W DC to AC inverters. The 24.84 kW solar array will produce DC electricity during daylight hours which will be transformed by the DC to AC inverter into AC electricity of the same voltage and frequency as that supplied to the facility by Oncor's electrical grid. This AC electrical generation will be consumed on-site to effectively reduce the City's monthly electrical costs. Web enabled data monitoring equipment is included to provide real time and historical visibility into vital system performance metrics. The system includes programming to relay the SMA 7000W DC to AC inverter's fault codes to authorized parties in the event of malfunction. Proposed pricing includes all required hardware and software, but assumes a dedicated 120V AC receptacle and internet connection is provided by others at or near the exterior inverter location. Page 2 of 8 Meridian System Cost Overview Modules $ 56,953.69 Inverters $ 11,564.20 Racking / Carport $ 11,059.11 AC BOS $ 1,734.63 Data Monitoring $ 7,336.84 DC BOS $ 3,180.16 Total Materials $ 91,828.63 Racking Labor $ 4,625.68 DC Labor $ 1,445.53 AC Labor $ 1,734.63 Data Monitoring Labor $ 726.49 Design & Engineering $ 1,445.53 PM() $ 4,544.00 Total Labor $ 14,521.85 Warranty $ - SUBCONTRACTOR $ 4,073.54 PERMITTING, EQUIPMENT& $ 1,745.80 OTHER DIRECT COSTS Total Other Costs $ 5,819.34 Total Costs $ 112,169.82 PROFIT $ 10,512.62 Sales Tax $ - TXMAS $ 2,906.68 Bonding $ 4,245.88 Total Indirect Costs $ 17,665.18 Total Contract Amount $ 129,835.00 Page 3 of 8 Meridian I. Pricing Assumptions 1. Pricing is based upon Meridian Solar's TXMAS contract(TXMAS-10-56080) 2. Pricing is valid for 30 days from the date of this Proposal. Meridian Solar intends to honor this pricing past the 30-day period with the exception of pricing adjustments directly resulting from an increase in the above-referenced material, component availability, and/or external costs 3. Due to the City of Wylie's tax exempt status,Sales Tax has not been included in the pricing 4. Existing roof area is approved by engineer for additional structural load of PV system 5. Structural Engineer will perform load analysis based solely on structural plans 6. Roof and building electrical service is in suitable condition at beginning of PV installation 7. Electrical service is compliant with relevant NEC and local codes 8. Adequate room is provided for PV components in close proximity to electrical service 9. Electrical service at point of interconnection is adequately sized and configured to allow for an NEC 690.64 compliant interconnection 10. Access to the roof, location of the array and point of interconnection is straight-forward; impediments,complications,and other site-specific difficulties may involve additional costs 11. Internet connection via CAT5 cable and 120V outlet for data monitoring equipment are provided by others to the location of the inverter and display 12. All necessary materials and labor required for connection of data monitoring system to facility Ethernet to be provided by facility personnel 13. Standard manufacturer warranties are included; extended warranties are not included. Extended warranties available at additional cost This proposal is proprietary and confidential between the City of Wylie and Meridian Solar. Meridian Solar reserves its common law copyright and other property rights with these plans. These plans are not to be reproduced,changed, or copied in any form or manner without the express written permission and consent of Meridian Solar. Page 4 of 8 Meridian Monthly Electrical Generation Projections 40 -00 3481 ,3528.3597 3500 - 3000 - 2828 a� 2763 Uj1t 0 2500 - 0 2053 0 2000 -189°' 1500c 1000 - w7 8 Month 24.84 kW Monthly Output Projection 8°Pitch and 180°Azimuth—Wylie,TX The proposed 24.84 kW array is projected to produce 32,807 kWh in its first year of operation. This estimate is based on photovoltaic performance modeling software provided by The National Renewable Energy Laboratory and takes into account local historical weather conditions, system orientation, and equipment selection. It is expected that this production figure will be reduced by—.05 percent each year of the system's life to account for the slight annual degradation rate inherent to crystalline silicon. This minimal annual degradation rate was one of the many factors that led Meridian Solar to specify the crystalline silicon Schott 230 watt module for this installation. Page 5 of 8 Meridian Scope of Work 24.84 kW Grid-Tied PV System Scope of Work: Meridian Solar will design,supply, install, and commission the roof-mounted PV project as detailed below. 1. Supply all PV modules, inverter(s), combiner boxes, DC disconnects, data logger, and associated racking hardware, including: a. (108)Schott Poly 230W PV modules b. (3)SMA 7000W inverters c. Non-penetrating S-5! attachment and professional racking system Meridian Solar expressly reserves the right to exchange the above referenced major equipment for other product of similar or equal quality based upon availability, lead times, pricing,etc. 1. Install PV racking, PV modules,associated wiring,and combiner boxes 2. Install combiner boxes,conduit, DC conductors, DC disconnect,and PV inverters 3. Install AC disconnect, PV meter, conduit and associated conductors to point of electrical interconnection 4. Provide data monitoring software, hardware and public 32" touch screen display with integrated PC to allow continuous monitoring of critical system performance metrics through the site's existing Ethernet connection 5. Complete all technical components of the utility interconnection agreement 6. Coordinate with Oncor's Solar Photovoltaic Program regarding the rebate for the City of Wylie for the project 7. Assist during utility inspection of the PV system 8. Provide all required PV system submittals 9. Provide status reports upon request 10. Develop, produce and submit operation and maintenance manual for the renewable energy system, including as-built drawings, product data, manufacturer-supplied installation, operation,and maintenance manuals,for approval before construction 11. Comply with all applicable federal, state, and local laws, regulations, and policies and meet the requirements of NEC 2008,Article 690,Solar Photovoltaic Systems 12. Implement Safety Plan throughout installation. Ensure that all field technicians are OSHA 10- Hour Certified and trained in the hazards associated with PV system installation 13. Provide all construction documents 14. Assist in defining requirements for AC interconnection 15. Quality inspection,testing and system commissioning 16. Training for customer's operational personnel Page 6 of 8 Meridian Project Design and Construction Phases 1. Design Phase A. Electrical line drawing indicating major components B. Energy production estimates C. Interconnection application support services D. Structural analysis and load calculations E. Structural plan review and stamping F. PV module string sizing G. Inverter sizing H. Conductor sizing,specification, and color coding I. Conduit sizing J. Over current protection device sizing K. AC electrical design L. Creation of detailed electrical plans M. Electrical plan review and stamping 2. Construction Phase A. Project management services B. Material acquisition and logistical support C. Permitting if required D. Site and crew safety support services E. Site preparation F. System installation G. Project submittal and billing support services 3. Commissioning phase A. Quality checks B. As built drawings C. Jurisdictional inspection and approval support D. System operation training services Page 7 of 8 Meridian S C) I. N It We sincerely appreciate your consideration and look forward to working with you. Sincere! it ; .. Merle NI olar,Inc. sate Doug Simpson—Chief Opening Officer Proposal Prepared by: Alex Tynberg Director,Government&Public Division Meridian Solar,Inc. 4109 Todd Lane,Suite 900 Austin,TX 78744 atynbergpmeridiansolar.com (P)512-496-5373 www.meridiansolar.com Texas Electrical Contractor License#24461 Page 8 of 8 Wylie City Council CITY OP WYLIE AGENDA REPORT Meeting Date: August 5, 2010 Item Number: 5. Department:: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: August 16, 2010 Budgeted Amount: Exhibits: Ordinance No. 2010-14 Subject Consider, and act upon, Ordinance No. 2010-14, Amending the Code of Ordinances of the City of Wylie by Adopting Article IX (Prohibition of Illegal Smoking Material) of Chapter 74 (Offenses and Miscellaneous Provisions) of the Wylie Code of Ordinances and establishing "Illegal Smoking Products" ("Genie", "Dascents", "Zohai", "Sage", "K-2" and "KO Knock-Out 2, "SALVIA DIVINORUM) to Prohibit the Sale or Delivery of Illegal Smoking Materials to Persons and to Prohibit the Possession of Illegal Smoking Materials by Persons; Providing for Repealing, Savings and Severability Clauses; Providing for a Penalty for the Violation of this Ordinance,"and Providing for the Publication of the Caption hereof. Recommendation A motion to approve Ordinance No. 2010-14, establishing "Illegal Smoking Products", prohibiting the use, purchase,possession, sale and offering for sale of"Illegal Smoking Products". Discussion The proposed ordinance defines "Illegal Smoking Product" as "any plant or other substance, whether described as tobacco, herbs, incense, spice or any blend thereof; regardless of whether the substance is marketed for the purpose of being smoked, These products have grown in popularity among young adults and juveniles. The substances are not yet categorized as illegal controlled substances under state or federal law; and the substances are often used as an alternative to marijuana and are potentially dangerous to users and the long term effects are not yet known. It has been determined that the effects of these substances are a health concern to the citizens of the City of Wylie. The purpose of this Ordinance is to prohibit the use, possession, sale, ingestion or smoking of illegal smoking products and ingestion devices within the city limits of the City of Wylie. Staff is recommending the approval of this ordinance. Approved By Initial Date Department Director JD 08/16/ 0 City Manager Page 1 of 1 ORDINANCE NO. 2010-14 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF WYLIE BY ADOPTING ARTICLE IX (PROHIBITION OF ILLEGAL SMOKING MATERIAL) OF CHAPTER 74(OFFENSES AND MISCELLANEOUS PROVISIONS)OF THE WYLIE CODE OF ORDINANCES;ADOPTING SECTION 74-161(ILLEGAL SMOKING MATERIALS:PURPOSE),SECTION 74-162(SALE,DELIVERY, OFFER,OR GIFT),SECTION 74-163(USE OR POSSESSION OF ILLEGAL SMOKING MATERIAL), SECTION 74-164 (USE OR POSSESSION OF ILLEGAL SMOKING PARAPHERNALIA), AND SECTION 74-165 (DEFENSES TO PROSECUTION) TO CHAPTER 74 (OFFENSES AND MISCELLANEOUS PROVISIONS) TO PROHIBIT THE SALE OR DELIVERY OF ILLEGAL SMOKING MATERIALS TO PERSONS AND TO PROHIBIT THE POSSESSION OF ILLEGAL SMOKING MATERIALS BY PERSONS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has been provided with documentation from competent, well recognized medical professionals and law enforcement officials of the growing presence of a new and potentially dangerous substance affecting the public health,safety and welfare of the citizens,particularly the youth of the City of Wylie,Texas ("Wylie"); and WHEREAS, in response to these warnings, the City Council has secured information indicating that this threat is presented in the form of products sold or distributed as a mixture of dried vegetation that when covered, sprayed or mixed with certain specific chemicals, produces the physiological and psychological effects of a controlled substance such as marijuana; and WHEREAS, such substances are competently reported to cause hallucinations, vomiting, agitation, panic attacks, tachycardia, elevated blood pressure, pallor, numbness and tingling, disorientation,loss of time awareness and,in some cases,tremors and seizures as documented by the National Drug Intelligence Center of the United States Department of Justice in EWS Report 000006 issued May 18, 2010; and WHEREAS, the medical evidence and treatment response and documentation of these symptoms and events have been confirmed by Doctor Anthony J.Scalzo,the Medical Director of the State of Missouri Poison Control Center in a Special Newsletter Alert,Volume 4, Issue 1,2010,by the Missouri Poison Center to the medical community; and WHEREAS, the substances identified above are considered to be generally described as synthetic cannabinoids or salvia divinorum distributed,sold and marketed under such names as"K- 2", "K-2 SUMMIT", "K-2 SEX", "GENIE", "DASCENTS", "ZOHAI", "SAGE", "SPICE", "KO Ordinance 2010-14 Ordinance Amending the Code of Ordinances, Article IX of Chapter 74 Page 1 5796 18.v1 KNOCK-OUT 2","SPICE GOLD","SPICE DIAMOND","YUCATAN FIRE","SOLAR FLARE", "PEP SPICE", "FIRE N' ICE", AND "SALVIA DIVINORUM"; and WHEREAS, the substances identified above have not yet been designated as controlled substances under the laws of the State of Texas or under the laws of the United States; and WHEREAS,the substances described above may be marketed as incense but are commonly being used as an alternative to marijuana which is an identified and documented controlled substance,the sale and use of which is prohibited under the laws of the State of Texas and the United States; and WHEREAS,the synthetic cannabinoids substances identified above may be presented under a variety of street names but share common ingredients including JWH-018 and JWH-073; and WHEREAS, salvia divinorum contains the ingredient known as Salvinorin A; and WHEREAS,these unregulated synthetic cannabinoids and salvia divinorum produce a very potent,intoxicating effect which is estimated by the medical community to produce effects ranging from three to one hundred times greater and more potent than THC, the active ingredient in marijuana; and WHEREAS,the substances indentified above manifest all of the demonstrated attributes of substances that deprive persons of judgment,coordination and the ability to conduct themselves in a safe and appropriate manner in modern society; and WHEREAS, the available medical and law enforcement information on these products indicates that persons under the effects of these substances may be a clear and present danger to themselves and others; and WHEREAS,it is anticipated that the Texas Legislature will consider appropriate regulation of these type of commodities in its upcoming legislative session but that it is essential for the municipality to impose some type of reasonable restriction on these products until a state wide regulatory system may be properly implemented; and WHEREAS,the City Council has investigated and determined that the risk posed by these substances, creates a danger to the public health and safety that must be immediately addressed by the adoption of a local ordinance to protect the interests of the citizens of Wylie. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Adopting Article IX(Prohibition of Illegal Smoking Material)Section 74-161 (Definitions),Section 74-162(Illegal Smoking Materials: Purpose),Section 74-163 (Sale,Delivery, Ordinance 2010-14 Ordinance Amending the Code of Ordinances, Article IX of Chapter 74 Page 2 579618.v1 Offer and Gift), Section 74-164 (Use or Possession of Illegal Smoking Material), Section 74-165 (Use or Possession of Illegal Smoking Paraphernalia)and Section 74-166(Defenses to Prosecution) of Chapter 74(Offenses and Miscellaneous Provisions)of the Wylie Code of Ordinances. Section 74-161 (Definitions), Section 74-162 (Illegal Smoking Materials: Purpose), Section 74-163 (Sale, Delivery, Offer and Gift), Section 74-164(Use or Possession of Illegal Smoking Material), Section 74-165 (Use or Possession of Illegal Smoking Paraphernalia) and Section 74-166 (Defenses to Prosecution) of Chapter 74 (Offenses and Miscellaneous Provisions)of Article IX(Prohibition of Illegal Smoking Material) of the Wylie Code of Ordinances is hereby adopted as follows: "ARTICLE XI. PROHIBITION OF ILLEGAL SMOKING MATERIAL Section 74-161. Definitions. The following words,terms and phrases,when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: CITY as used herein shall mean the City of Wylie, Texas. ILLEGAL SMOKING MATERIAL shall mean any substance,however marketed,which can reasonably be converted for smoking purposes whether it is presented as incense,tobacco,herbs, spices or any blend thereof if it includes any of the following chemicals or a comparable chemical: A. Salvia divinorum or salvinorin A; all parts of the plant presently classified botanically as salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts, derivative, mixture or preparation of such plant, its seeds or extracts; B. 2-[(1R,3S)-3-hydroxycyclohexyl]-5-(2-methyloctan-2-yl)phenol (also known as CP47,497) and homologues; C. (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-y1)-6a,7,10,10a- tetrahydrobenzo[c]chromen-l-ol (also known as HU-211 or Dexanabinol); D. 1-pentyl-3-(1-naphthoyl)indole(also known as JWH-018); E. l-butyl-3-(1-naphthoyl)indole(also known as JWH-073); or F. 1-pentyl-3-(4-methoxynaphthoyl)indole (also known as JWH-081). Products containing some or all of the above substances are currently being marketed under the following commercial names: "K-2", "K-2 SUMMIT", "K-2 SEX", "GENIE", "DASCENTS", "ZOHAI", "SAGE", "SPICE", "KO KNOCK-OUT 2", "SPICE GOLD", "SPICE DIAMOND", "YUCATAN FIRE","SOLAR FLARE","PEP SPICE","FIRE N' ICE",AND"SALVIA DIVINORUM". Ordinance 2010-14 Ordinance Amending the Code of Ordinances, Article IX of Chapter 74 Page 3 579618.vl Any product containing any of the chemical compounds set forth above shall be subject to the provisions of this Ordinance, regardless of whether they are marketed under alternative names. ILLEGAL SMOKING MATERIAL PARAPHERNALIA shall mean any paraphernalia, equipment or utensil that is used or intended to be used in ingesting or inhaling illegal smoking materials and may include, but is not limited to: A. A metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without a screen, permanent screen,hashish head, or punctured metal bowl; B. A water pipe; C. A carburetion tube or device; D. A smoking or carburetion mask; E. A chamber pipe; F. A carburetor pipe; G. An electric pipe; H. An air-driven pipe; I. A chillum; J. A bong; or K. An ice pipe or chiller. PERSON shall mean an individual, a group of two or more individuals, proprietorship, corporation,partnership,wholesaler, association or other legal entity,or any licensed or unlicensed business. SMOKE or SMOKING as used herein shall mean and includes the carrying or holding of a pipe, cigar, cigarette, hookah, or water pipe of any kind which is burning, or the igniting of a pipe, cigar, cigarette, hookah or water pipe of any kind which is burning. Section 74-162. Illegal Smoking Materials: Purpose. The purpose of this Section is to prohibit the sale or delivery of illegal smoking materials as defined herein within the City limits of Wylie and to prohibit the possession of illegal smoking materials within the City limits of Wylie. Any form of delivery to include a simple gift constitutes a violation of this Ordinance. Section 74-163. Sale, Delivery, Offer, or Gift. Ordinance 2010-14 Ordinance Amending the Code of Ordinances, Article IX of Chapter 74 Page 4 5796I8.vI It shall be unlawful for any person to sell, offer to sell, deliver to or to give any illegal smoking material to any person. Section 74-164. Use or Possession of Illegal Smoking Material. It shall be unlawful for any person to have in their possession or to use illegal smoking materials within the corporate limits of Wylie. Section 74-165. Use or Possession of Illegal Smoking Paraphernalia. It shall be unlawful for any person to have in their possession any illegal smoking paraphernalia with the intent to use it, to ingest, inhale or otherwise consume illegal smoking material. If a person is found in possession of this type of paraphernalia it will be a violation of this Ordinance if appropriate forensic testing is done on the paraphernalia and traces of illegal smoking material are present on the device. Section 74-166. Defenses to Prosecution. A. It shall be a defense to prosecution for a violation of this Section if the use of the illegal smoking material is at the direction or under a prescription issued by a licensed physician or dentist authorized to prescribe controlled substances within the State of Texas. B. It shall be a defense to prosecution under the terms of this Section if any person charged with a violation can provide proper and complete historic documentation that the use of such materials is a portion of a religious undertaking or activity of a religious denomination in which they have long standing historic membership supported by documentation from clergy or spiritual leader recognized by the State of Texas." SECTION 4: Penalty Provision. Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No.00-11-01,as it exists or may be amended,shall be deemed guilty of a misdemeanor,and upon conviction thereof,shall be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 5: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. Ordinance 2010-14 Ordinance Amending the Code of Ordinances, Article IX of Chapter 74 Page 5 57961.8.v1 SECTION 6: Severability. Should any section,subsection,sentence,clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction,it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The City hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections,subsections,sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7: Effective Date. This Ordinance shall become effective immediately upon its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 24th day of August 2010. Eric Hogue, Mayor ATTESTED TO AND APPROVED AS TO FORM: CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Abernathy Roeder Boyd &Joplin P.C. Courtney A. Kuykendall, City Attorney Date(s) of Publication: (Wylie Enterprise) Ordinance 2010-14 Ordinance Amending the Code of Ordinances, Article IX of Chapter 74 Page 6 579618.v l 7; Wylie City Council CITY Of WYLIE AGENDA REPORT Meeting Date: 08/24/10 Item Number: 6. Department: Fire Department (City Secretary's Use Only) Prepared By: Shelly Holcomb Account Code: 131-5641-58850 Date Prepared: 08/12/10 Budgeted Amount: $167,713.75 Exhibits: Proposal Subject Consider, and act upon authorizing the purchase of a Fire Station Alerting System to be integrated with the existing Computer Aided Dispatch system and E9-1-1 from US Digital Designs in the amount of$167,713.75. Recommendation A motion authorizing the purchase of a Fire Station Alerting System to be integrated with the existing Computer Aided Dispatch system and E9-1-1 from US Digital Designs in the amount of$167,713.75. Discussion This will provide for the addition of Fire Station Alerting and Automatic Computer Aided Dispatch of Fire/EMS apparatus in compliance with National Fire Protection Association standards and ISO recommendations. This will cut down on response times to citizens and allow simultaneous dispatch of multiple companies to multiple calls while keeping radio traffic free, and freeing up more time for dispatchers to administer emergency medical dispatch to callers. This is part of the upgraded Public Safety Communications system, and is funded through that project. The system will be purchased under an inter-local agreement with the Collin County Governmental Purchasers Forum and the City of Allen. This cooperative purchasing arrangement complies with the competitive bidding requirements of the Texas Local Government Code (Chapter 252). Approved By Initial Date Department Director RC 8-12-2010 City Manager CI, IN (io Page 1 of 1 US DIGITAL DESIGI1S Tempe,Arizona USA Phoenix G2 -Automated Fire Station Alerting Quotation to: Wylie Fire Rescue Project: WFR Wylie FSA System Budgetary Quote Proposal number: WYLOO1 Revision# 2 Quote Date: 17-Jun-2010 Quote Expires: 15-Sep-2010 FOR FINAL INSTALLATION CONTACT: By: Andy MacFarlane Project Manager US Digital Designs,Inc. 1835 E Sixth St#27 Tempe,AZ 85281 877-551-USDD 602-296-0424 fax 602-228-4595 direct US DIGITAL DESIGNS QUOTE 1835 E.Sixth St.Suite#27 Tempe,Arizona 85281 602.828-6965 fel 602-296-0424 fax DATE: 6/17/10 Expires: 9/15/10 Quote SUBMITTED TO: Wylie Fire Rescue WFR. 12E1,PROI'OS kl. WYL001 v2 FS 1 (System Equipment) Item ft Unit I Mfr I Qty I Description I Part No. I Unit I Ext I I PHOENIX G2-STATION CONTROLLER(Required) Control up to(8)peripherals 1 Kit USDD G2 ATX Station Controller- (4)70V Audio G2 ATxBvt $ 15,000.00 $ 15,000.00 Channels STATION CONTROLLER OPTIONS 2 Kit USDD ih_>'<ATX Controller Expansion Kit G2 ATX XPN $ - $ - 3 Ea USDD t''' VoiceAlert- Single station license G2 VoiceAlert $ 695.00 $ 695.00 PERIPHERAL OPTIONS 4 Ea USDD 4 Room Remote Module RoomR vl $ 1,375.00 $ 5,500.00 5 Ea USDD 3 .i Message Remote Module AmpR vl $ 875.00 $ 2,625.00 6 I.a v MS 6= '.BctaBrite Message Sign 1036111 $ 270.00 $ 1,620.00 Message Remote on Hallway Bracket with 2 9 Ea USDD Message Signs AmpMRB v2 $ - $ 10 Ea USDD (3 I/O Remote w/8 Inputs&8 Outputs IOR v 1 $ - $ 11 Ea USDD 0, „ Push Button Switch w/Box&Cover PB vl $ - $ 12 Ea Bogen 0- Speaker-NEAR A2 NEAR-A2 $ - $ 13 Ea Bogen - Speaker-NI-AR A2T 70v NEAR-A2T $ 210.00 $ 1,260.00 14 Ea Bogen 0'' Speaker-Citing S86 $ - $ 15 Ea Bogen 14, Speaker-Ceiling 70v S86-70 $ 55.00 $ 770.00 16 Ea Bogen 0 Speaker-Metal Box 70v $S6-70 $ - $ 17 Ea Bogen i3 Spkr-Metal Wall Box 7tiv S86-70 $ - $ 18 Ea USDD 7" ' Speaker-Ceiling w/LED Light G2 LVL HC $ 225.00 $ 1,575.00 19 Ea USDD (? ,'Speaker-Ceiling w/LED Light-70v G2 LVL HC 70 $ - $ 20 Ea USDD Q':-Speaker-Metal Box w/LED Light 70v G2 LVL HC 70 $ - $ 21 Ea USDD (Yr,';Spkr-Metal Wall Box w/LED Light 70v G2 LVL HC 70 $ - $ 22 ha APC ) ATX APC UPS I.'PS ATX $ 695.00 $ 695.00 23 Ea \I'( 0 UPS Extended Runtime Battery UPS EX"I' $ - $ Equipment Subtotal $ 29,740.00 Shipping $ 1,125.00 Equipment Total 30,865.00 1 Station TOTAL 30,865.00 Note:This quote does not include conduit,back boxes,cable,connectors or other hardware not specifically listed. US DIGITAL DESIGNS QUOTE 1835 E.Sixth St.Suite#27 Tempe,Arizona 85281 602.828-6965 tel 602-296-0424 fax DATE: 6/17/10 Expires: 9/15/10 Quote SUBMITTED TO: Wylie Fire Rescue WFR REF PROPOS.kI. WYL001 v2 FS 2 (System Equipment) Item I Unit I Mfr I Qty I Description j Part No. I Unit I Ext I I PHOENIX G2-STATION CONTROLLER(Required) Control up to(8)peripherals G2 ATX Station Controller- (4)70V Audio 1 Kit USDD Channels G2ATX8vI $ 15,000.00 $ 15,000.00 STATION CONTROLLER OPTIONS 2 Kit USDD t „ ATX Controller Expansion Kit G2 ATX XPN $ - $ - 3 Ea USDD 1`"'; VoiceAlert- Single station license G2 VoiceAlert $ 695.00 $ 695.00 PERIPHERAL OPTIONS 4 Ea USDD 4 <Room Remote Module RoomR vl $ 1,375.00 $ 5,500.00 5 Ea USDD 3 .,y Message Remote Module AmpR vl $ 875.00 $ 2,625.00 tS Ea vMS 5 -€BetaBrite Message Sign 1036111 $ 270.00 $ 1,350.00 • Message Remote on Hallway Bracket with 2 9 Ea USDD Qt AmpMRB v2 $ - $ Message Signs 10 Ea USDD I/O Remote w/8 Inputs&8 Outputs IOR vl $ - $ 11 Ea USDD (' "I Push Button Switch w/Box&Cover PB vl $ - $ 12 Fa 1308.en 4"..,Speaker-NEAR A2 NEAR-A2 $ 210.00 $ 840.00 13 Ea Bogen l-;i'Speaker-NEAR A2T 70v NEAR-A2T $ 210.00 $ 210.00 14 Fa Bogen 1}... Speaker-Ccdin S86 $ - $ 15 Ea Bogen 12,,,Speaker-Ceiling 70v Sx6-70 $ 55.00 $ 660.00 16 Ea Bogen €Y6Speaker-MetalBox70v Sx6-70 $ - $ 17 Ea Bogen 13 Spkr-Metal Wall Box 70v Sx(i-70 $ - $ IS Ea USDD 7 Speaker-Ceiling w/LED Light G2 LVL HC $ 225.00 $ 1,575.00 19 Ea USDD „.�;Speaker-Ceiling w/LED Light-70v G2 LVL HC 70 $ - $ 20 Ea USDD 0 '!,Speaker-Metal Box w/LED Light 70v G2 LVL HC 70 $ - $ 21 Ea USDD ;'r'Spkr-Metal Wall Box w/LED Light 70v G2 LVL HC 70 $ - $ 22 La Ai'C 'f ATX APC UPS I PSA[X $ 695.00 $ 695.00 23 Ea APC 0 UPS Extended Runtime Battery UPS EXT $ - $ Equipment Subtotal $ 29,150.00 Shipping $ 1,045.00 Equipment Total 30,195.00 1 Station TOTAL 30,195.00 Note:This quote does not include conduit,back boxes,cable,connectors or other hardware not specifically listed. US DIGITAL DESIG11S QUOTE 1835 E.Sixth St.Suite#27 Tempe,Arizona 85281 602.82E-6965 tel 602-296-0424,fax DATE: 6/17/10 Expires: 9/15/10 Quote SUBMITTED TO: Wylie Fire Rescue WFR Rlil PROI'OSk I. WYL001 v2 FS 3 (System Equipment) Item I Unit I Mfr I Qty I Description I Part No. I Unit I Ext 1 PHOENIX G2-STATION CONTROLLER(Required) Control up to(8)peripherals 1 Kit USDD ,,-,G2 ATX Station Controller- (4)70V Audio G2 ATM,/I $ 15,000.00 $ 15,000.00 Channels STATION CONTROLLER OPTIONS 2 Kit USDD I ATX Controller Expansion Kit G2 ATX XPN $ 4,995.00 $ 4,995.00 3 Ea USDD _ VoiceAlert- Single station license G2 VoiceAlerl $ 695.00 $ 695.00 PERIPHERAL OPTIONS 4 Ea USDD $.;,,'.'Room Remote Module RoomR vl $ 1,375.00 $ 11,000.00 5 Ea USDD 4 Message Remote Module AmpR vl $ 875.00 $ 3,500.00 h Ea Ana" $: BetaBrite Message Sign 1036111 $ 270.00 $ 1,350.00 9 Ea USDD Message Remote on Hallway Bracket with 2 AmpMRB v2 $ $ Message Signs 10 Ea USDD t I/O Remote w/8 Inputs&8 Outputs IOR vl $ - $ I 1 Ea USDD : Push Button Switch w/Box&Cover PB vl $ - $ 12 Ea Bogen 0 ;I Speaker-NEAR A2 NEAR-A2 $ - $ 13 Ea Bogen 7 .',Speaker-NEAR ATI-70v NEAR-A2T $ 210.00 $ 1,470.00 14 Ea Bogen 2,,-<Speaker-Ceiline S86 $ 55.00 $ 110.00 15 Ea Bogen 19' Speaker-Ceiling 70v S86-70 $ 55.00 $ 1,045.00 16 Ea Bogen 0 , ',Speaker-Metal Box 70v S86-70 $ - $ 17 Ea Bogen #0 , Spkr-Metal Wall Box 70v S86-70 $ - $ IS Ea USDD 9 ,Speaker-Ceiling w/LED Light G2 LVL HC $ 225.00 $ 2,025.00 19 Ea USDD 0 Speaker-Ceiling w/LED Light-70v G2 LVL HC 70 $ - $ 20 Ea USDD 11" Speaker-Metal Box w/LED Light 70v G2 LVL HC 70 $ - $ 21 Ea USDD 0 Spkr-Metal Wall Box w/LED Light 70v G2 LVL HC 70 $ - $ 22 Fa I'I. 1- ATX APC UPS UPS ATX $ 695.00 $ 695.00 23 Ea S Pc C) UPS Extended Runtime Battery UPS EXT $ - $ Equipment Subtotal $ 41,885.00 Shipping $ 1,555.00 Equipment Total 43,440.00 1 Station TOTAL 43,440.00 Note:This quote does not include conduit,back boxes,cable,connectors or other hardware not specifically listed. US DIGITAL DESIGIIS QUOTE 1835 E.Sixth St.Suite#27 Tempe.,Arizona 85281 602.828-6965 tel 602-296-0424 fax DATE: 6/17/10 Expires: 9/15/10 Quote SUBMITTED TO: Wylie Fire Rescue WFR RI:P PROPOs I. WYL001 v2 CAD and Interface Costs Item Unit I Mir I Qty Description I Part No. I Unit I Ext COMMUNICATIONS GATEWAY 1 PR USDD 1 G2 Communications Gateway Pair(Hardware for Gway vl $ 6,500.00 $ 6,500.00 CAD interface) 2 HR USDD SO , Gateway Configuration&Modifications $ 250.00 $ 12,500.00 3 Kit USDD i;y. GaSi Audio Interface Unit $ 1,595.00 $ 1,595.00 4 LOT USDD 0 ' Motorola Gold Elite Interface $ - $ - 5 LOT USDD 4 x'Gold Elite Interface Modification $ - $ - 6 LOT USDD M/A-COM Interface $ - $ 7 LOT USDD 0..: M/A-COM Interface Modification $ - $ 8 LOT CAD ;E:•,. CAD Interface $ - Included 9 LOT USDD I ;- Gateway-On-Site Start-up $ 5,240.00 $ 5,240.00 GATEWAY SUBTOTAL $ 25,835.00 Note 1. Quote does NOT include ICS cad interface costs(from ICS) US DIGITAL DESIGNS QUOTE 1835 E.Sixth St.Suite#27 Tempe,Arizona 85281 602.828-6965 tel 602-296-0424 fax DATE: 6/17/10 Expires: 9/15/10 Quote SUBMITTED TO: Wylie Fire Rescue WFR RF:I PROPO, 1. WYL001 v2 Training and Services Item I Unit I Mfr i Qty Description I Part No. I Unit I Ext TRAINING 1 EA USDD C System Administrator Training $ - Included 2 EA USDD > - Dispatch Operator Training $ 2,115.00 $ 2,115.00 3 EA USDD l 4<- Installation Training and Troubleshooting $ 3,895.00 $ 3,895.00 TRAINING SUBTOTAL $ 6,010.00 STATION INSTALLATION 4 EA USDD ,. Installation $ 24,852.00 $ 24,852.00 5 LOT USDD I" Project Management $ 6,516.75 $ 6,516.75 STATION INSTALLATION SUBTOTAL $ 31,368.75 TRAINING AND INSTALLATION SUBTOTAL $ 37,378.75 US DIGITAL DESIGI1S QUOTE 1835 E.Sixth St.Suite#27 Tempe,Arizona 85281 602.828-6965 tel 602-296-0424 fax DATE: 6/17/10 Expires: 9/15/10 Quote SUBMITTED TO: Wylie Fire Rescue WFR RE P PROPOS kI, Recurring WYL001 v2 Annual Support Options Item I Unit I Mir I Qty Description Part No. I Unit I Ext ANNUAL SUPPORT OPTIONS l LOT USDD I Telephone/Remote Access Support(8:00 AM- - Included 5:00 PM MST)(First Year) 2 LOT USDD 1 Telephone/Remote Access Support(8:00 AM- $ 13,033.50 $ 13,033.50 5:00 PM MST)(per year for Years 2-5) Telephone/Remote Access Support(24 x 7)(per 3 LOT USDD D year for Years 1-5)In addition to support agreement $ 20,853.60 $ - cost. ANNUAL SUPPORT SUBTOTAL $ 13,033.50 US DIGITAL DESIGNS QUOTE 1835 E.Sixth St.Suite#27 Tempe,Arizona 85281 602.828-6965 tel 602-296-0424 Jiix DATE: 6/17/10 Expires: 9/15/10 Quote SUBMITTED TO: Wylie Fire Rescue WFR REF moms I. WYL001 v2 Section Totals Station Equipment Subtotal $ 104,500.00 Gateways&CAD Interface Subtotal $ 25,835.00 Training and Project Management Subtotal $ 37,378.75 US Digital Designs System Total $ 167,713.75 Recurring Support $ 13,033.50 TERMS AND CONDITIONS OF SALE (Contract Sales) 1. REMITTANCES All invoices shall be due and payable upon receipt in United States currency,free of exchange,or any other charges, or as otherwise agreed upon and set forth in writing by US Digital Designs, Inc. (hereinafter called"Seller"). The Customer, if so requested agrees to furnish Seller with all information including financial statements, necessary to make a proper credit appraisal. Refusal to supply information may cause this proposal to be withdrawn. Terms of payment originally granted are subject to the approval of continued credit status. Prices are subject to correction for error. 2. PROPOSALS Proposals are based upon straight-time labor. Any request by the Customer for overtime work shall be considered an extra. This proposal expires 30 days after its date, subject to the provisions of the first sentence of the paragraph below entitled "Acceptance of Terms." 3. PROGRESS PAYMENTS Seller reserves the right to invoice Customer monthly as the work progresses,for all materials delivered to the job site or to an off-site facility and for all work performed on-site and off-site. Engineering,drafting and other mobilization costs incurred prior to installation shall be included in Sellers initial invoice and be equal to fifteen percent(15%)of the contract price. UAC, Invoices are due NET 30 upon receipt by Customer. If the Customer becomes overdue in any progress payment,Seller shall be entitled to suspend work,shall be entitled to interest at the annual rate of 18%or the maximum permitted by the State of Arizona;and also to avail itself of any other legal remedies. Seller shall also be entitled to interest on all amounts retained by Customer from progress payments or otherwise. Customer agrees that he will pay and/or reimburse Seller for any and all reasonable attorneys'fees which are incurred by Seller in the collection of amounts due and payable hereunder. 4. CANCELLATION AND SUSPENSION Any contract resulting from this proposal is subject to cancellation or instructions to suspend work by the customer only upon agreement to pay Seller work in progress and inventoried project parts. 5. TAXES The amount of any future sales, use,occupancy,excise,or other tax,federal,state,or local which Seller hereafter shall be obligated legally to pay,either on its own behalf of the Customer or otherwise,with respect to the material covered by this proposal, shall be added to such prices and paid by the Customer. 6. LOSS, DAMAGE OR DELAY Seller shall not be liable for any loss, damage, or delay occasioned by any causes beyond Seller's control, including, but not limited to, governmental actions or orders, embargoes, strikes, differences with workmen, fires, floods, accidents,or transportation delays. 7. LIMITED WARRANTY Seller warrants all Products sold under this Agreement to be free from defects in material and workmanship under normal and proper use for a period of 24 months from the date of shipment to Customer. This warranty shall not apply to any materials supplied to Seller by Customer.THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Within the stated warranty period,Seller will repair or replace,at its option,f.o.b.its manufacturing facility,any Product that is returned to its manufacturing facility,shipping charges prepaid,provided inspection and examination discloses to Seller's satisfaction that(a)the reported defects are within the warranty coverage, (b)the Product has not been tampered with, or (c) the Product has not been damaged due to misuse, improper storage or maintenance, negligence or accident. Seller will return the warranty repaired Product, shipping prepaid,via the same type of service used by Customer to ship failed Product to the Seller THE FOREGOING CONSTITUTES THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ANY AND ALL REMEDIES THAT MAY BE AVAILABLE TO CUSTOMER. UNDER NO CIRCUMSTANCES WILL SELLER BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY. SELLER'S LIABILITY TO CUSTOMER SHALL NOT UNDER ANY CIRCUMSTANCES EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCTS SOLD PURSUANT TO THIS AGREEMENT 8. INFRINGEMENT (a)Seller shall defend,indemnify and hold Customer and its customers harmless from any and all costs expenses (including attorneys'fees),losses or damages(except any consequential or special damages or costs)that may be finally assessed against Customer in any action for infringement of any United States patent,copyright,or trademark or maskwork,or any trade secret, or other proprietary right of any third party by the products delivered to Customer hereunder(Products); provided that Customer shall give Seller prompt written notice of any action, claim, or threat of action against Customer relating to the Products; and provided Customer shall give Seller opportunity to elect to take over,settle,or defend any such claim or action through counsel of Seller's own choice and under its sole direction,and at its sole expense and provided that Customer shall not impair and shall make fully available to Seller all defenses against such claim and shall fully cooperate with the defense of same. If the use of any such Product shall be enjoined or shall subject Customer to liability for infringement,Seller shall have the right at its own expense to take any of the following courses of action:(1)procure for Customer the right to continue using such Product;(2)to replace such Product with a non-infringing product of equivalent function;(3)to modify the Product so that it becomes non-infringing;or (4)to remove the Product from Customer's premises and refund the purchase price together with any transportation and installation costs thereof. The foregoing obligations of Seller shall not apply to:(1)any product manufactured by Seller to a design provided by Customer(build-to print); (2) any infringement occasioned by the modification by Customer of any Product without written consent of Seller; (3) any infringement of a patent claim covering a method or process;or(4)any infringement arising from the use of a Product in combination with any device added by Customer without Seller's written consent. 9. GOVERNING LAW Any contract resulting from this proposal shall be governed by,construed,and enforced in accordance with the laws of the State of Arizona. Customer agrees to exclusive jurisdiction in the federal or state court located in Maricopa county Arizona. 10. CERTIFICATION The person whose signature appears on the attached hereof hereby certifies that,to his best knowledge and belief, the annexed bid is not the result of any agreement,arrangement or understanding between the Seller and any other manufacturer or seller of automatic control systems and that the prices,terms or conditions thereof have not been communicated by or on behalf of the Seller to any such person and will not be communicated to any such person prior to the official opening of said bid. 11. ACCEPTANCE OF TERMS This proposal shall become a binding contract between the Customer and Seller when accepted in writing by the Customer. Such acceptance shall be with mutual understanding that the terms and conditions of this proposal are a part thereof with the same effect as though signed by both parties named herein and shall prevail over any inconsistent provision of said order. 12. No waiver,alteration,or modification of the terms and conditions on this and the attached hereof shall be binding unless in writing and signed by an authorized representative of Seller. 13. Actual delivery schedules,customization,and implementation dates are determined ARO. E ,mow .n 4El F l ... ., a ..__E — DI } z 8,8 w= _ MEDIC1 / iii .11: :151j1 1:1 "It4 i ,,"! tail , im ; � .�� e �� s p 1 s s 4 , i d e ., ,. .. _ .. ..;� ry , ¢ YY L ...v..w<.w f J' m... Y y l t i s a„� w '"- MCU& i `- - C,7irldhTf 3 kg ATTACK 1 E§A!'"FALPC7r* p 5 t ig 5' t , , DIVER 3°R,4iLEft •g kdAZMA7 t Htd. i. S;M1'ITT WATER;UAtk.ER MA.k1M 3 E, r II i I II 1 �w� iGns o ra A - t_Staa .D, .,t`a,ifalrt,3.v..P')t,iA . • 5