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05-26-1986 (City Council) Agenda Packet ( ( /)i F / �_�f {`try / AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, MAY 26, 1987 7 :00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1 - 11 Consider approval of Minutes 2 12 Consider resignation of Fred Quellette from Planning & Zoning Commission. 3 Consider appointment to Planning & Zoning Commission to replace Fred Ouellette. Term expires April 1988 . 4 13 - 14 Consider certificate of appreciation award to Walter E. (Bubba) Justice for his efforts in saving personal property. PUBLIC READING OF ORDINANCES/HEARINGS 5 15 - 18 Consider amendment to subdivision ordinance, requiring developers to acquire all necessary easements for off-site work. 6 19 - 24 Consider ordinance creating Cottonwood Creek Lift Station District and all applicable fees, boundaries and guidelines . 7 25 - 27 Consider ordinance amending Park Ordinance 78-18 , amending Article 2 , Section 2 , Composition and Appointment to the Park and Recreation Board, and adding a Section 10 to Article 1 , dealing with disorderly conduct in City parks . PUBLIC HEARING - ZONING REQUEST 8 28 - 30 Conduct a public hearing on the request for a Specific Use Permit to operate retail nursery, Stanley' s, in an "R" District for 300 E. Hwy 78 , Block 16 , Lot 37 in the Railroad Addition. ORDER OF PAGE BUSINESS REFERENCE BUSINESS 9 Consider approval for a Specific Use Permit to operate a retail nursery, Stanley' s, in an "R" District for 300 E. Hwy 78 , Block 16 , Lot 37 in the Railroad Addition. 10 Consider authorization for City Staff to issue a Specific Use Permit to operate a retail nursery, Stanley' s, in an "R" District for 300 E. Hwy 78 , Block 16, Lot 37 in the Railroad Addition. NEW BUSINESS 11 31 - 32 Consider replat of lots 22 & 23 of Pointe North Addition, Phase I . 12 33 Consider presentation on lighting soccer fields by Wylie Sports Association representative. 13 34 Consider park master plan priorities recommendations by Parks and Recreation Board. 14 35 - 36 Consider presentation by Vanessa Orr regarding change of location of street light on Windsor. 15 35 Consider presentation by Gilbert Welch, regarding water supply to Wylie Ranch Estates. GENERAL DISCUSSION 16 Citizen participation 17 Council discussion UNFINISHED BUSINESS 18 37 - 38 Consider presentation by James Butts for funding of the summer recreation program sponsored by the Chamber of Commerce. 19 39 Consider funding for Newport Harbor water line by request of Baron Cook. ORDER OF PAGE BUSINESS REFERENCE BUSINESS 20 40 Consider approval of CH2M Hill draft report on proposed water and wastewater system/facilities improvements for presentation to the Texas Water Commission. FINANCIAL CONSIDERATIONS 21 40 - 54 Consider approval of geo- technical investigation proposal by ATI Environmental Services, Inc. on closure of Wylie Sanitary Landfill in the estimated amount of $7 ,390 . 00 and authorization for City Manager to execute proposal acceptance sheet . 22 40 Consider authorization for City Staff to develop contract with the North Texas Municipal Water District for the issuance of bonds for the construction of water and wastewater system/facility improvements as outlined in CH2M Hill report . 23 ADJOURN REGULAR CITY COUNCIL ' MEETING-MINUTES MAY 12, 1987 7:00P. M. The Wylie City Council met in regular session on Tuesday, May 12, 1987 at 7:00 P. M. in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro-Tem Sandra Donovan, Council Members Calvin Westerhof, John Akin, Marvin Blakey, Kent Crane, Christopher DiTota, Acting City Manager James Johnson, Acting City Secretary Debbie Peoples. Mayor Trimble called the meeting to order at 7:05 and Councilman Crane gave the invocation. APPROVAL OF MINUTES: Minutes were submitted for the April 21 st, April 28th and April 30th 1987 meetings. There being no corrections or additions to the minutes a motion was made by Councilman Westerhof to approve. Seconded by Councilman Akin. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. The miotion carried with all in favor. APPOINTMENT OF TWO MEMBERS TO THE CONSTRUCTION TRADE BOARD These appointments will replace Marvin Blakey and Mickey Foster. Motion was made by Mayor Pro-Tem Donovan to appoint Mr. Gary Mitchell and Mr. Derek Ammerman to the Construction Trade Board. Seconded by Councilman Akin. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane abstained, due to business dealings with Gary Mitchell. Councilman Blakey-infavor. The motion carried with six (6) in favor, one ( 1) abstained. APPOINTMENT OF ONE MEMBER AND ONE ALTERNATE TO THE ZONING BOARD OF ADJUSTMENTS. These appointments will replace Marvin Blakey and Wanda Graff. The motion was made by Mayor Pro-Tem Donovan to appoint Ms Cecelia Woods and Dr. Rob Tannella to the Zoning Board of Adjustments. The motion was seconded by Councilman Akin. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-against, Councilman Blakey-in favor. The motion carried with six (6) in favor one ( 1) against. APPOINTMENT OF TWO MEMBERS TO AD HOC COMMITTEE: These appointments will address the matter regarding the City of Wylie and the City of Lucas ETJ settlement. The motion was made by Councilman Akin that Mayor Trimble and Mayor Pro-Tem Donovan be appointed to that committee. The motion was seconded by Councilman DiTota. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. The motion carried with all in favor. RECOGNITION OF CITY EMPLOYEE, MR. ANDY ANDERSONc The City recognized Mr. Andersons dedication anff determination to perform his duties to the City of Wylie above and beyond the / call of normal duty. Certificate of Recognition to be awarded at a later date. APPROVAL OF ANNEXATION ORDINANCE FOR 58. 9613 ACRES OUT OF THE FRANC I SCO DE LA P I NA SURVEY: Motion was made by Mayor Pro-Tem Donovan to approve the annexation of the 58. 9613 acres. Seconded by Councilman D i t of a. Mr. Favor was present and stated that no one had came forth to oppose this annexation although there are 24 property owners living there. The vote was as follows: Mayer Trimble-in favor, Mayor Prc -Tem Donovan-in favor, Councilman Akin-in favor, Councilman Wasterhof-in favor, Councilman DiTota-in favor, Counci irnan Crane-in favor, Councilman Blakey-in favor. The motion carried with all in favor. APPROVAL OF ANNEXATION OF 74. 943 ACRES OUT OF THE W. PENNY SURVEY: Councilman Westerhof stated that he felt strong opposit ion to annex this parcel, and a rnot ion was made by Councilman Westerhof not to approve the annexation ordinance. Counci lrnan Blakey seconded the motion. Mayor Trimble stated the City had had several bad experiences in not annexing contiguous property and felt that it would be irresponsible for the City not to annex soley based upon the fact that property owners did not wish to be annexed. The vote to not approve the annexation was as follows: Mayor Trimble-against, Mayor Pro-Tern Dovovan-against, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-against, Councilman Crane-against, Councilman Blakey- in favor. Three in favor of the motion to not annex the property and four against the motion on not to annex the property. The motion did not carry by a three to four vote. Mayor Pro-Tern -Donovan made a motion to annex the property after the first motion failed. Councilman DiTota seconded the motion. The motion to approve the annexation was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin--against, Counci lman Westerhof- against, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-against. Motion to approve annexation carried with four in favor and three against. APPROVAL OF ANNEXATION OF 4 ACRES OUT OF THE I. & G. N. RY. CO. SURVEY: Motion was made by Councilman DiTota to approve annexation of said 4 acres. Seconded by Councilman Crane. It is also noted that the property owners present do not wish to be annexed. The vote is as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Ak.in- against, Counci lman Westerhof-against, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-against. Four are in favor, three against, the motion carried. DIS-APPROVAL OF RESOLUTION OF THE CITY OF WYLIE TO REAFFIRM ITS POSITION AS A LEGISLATIVE BODY: Attorney Dillard was present and answered questions as to the necessity of reaffirming this resolution to show the City' s position on the specific issue in question. He felt that it would only be a reiteration of the City' s position but stated that it would be fine if the City Council chose to do so. The motion was made by Mayor Pro-Tem Donovan not to approve the resolution. Seconded by Councilman DiTota. The vote was as follows: Mayor Trimble-in favor, Mayer Pro-Tern Donovan-in favor, Councilman Akin-against, Councilman Westerhof- against, Councilman DiTota-in favor, Councilman Crane- against, Councilman Blakey-in favor. The motion carried to dis-approve the resolution with four in favor and three against. NEW BUSINESS FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR STONE GROVE ADDITION: Staff stated that all deficencies regarding this acceptance had been resolved and felt it to be satisfactory for acceptance. Councilman Crane asked if the City had f} resolved the previous discrepancies with the developer. Staff stated the only problem remaining is the sewer clean out and that would be� resolved when T. P. & L. completed moving the utility pole and at that time they would simply put a cap on it. Mayor Trimble stated that previous discrepancies were caused by no one knowing who was responsible for them. Motion was made by Councilman Westerhof to approve final acceptance. Seconded by Councilman Akin. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. The motion carried with all in favor. FINAL ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR PRESIDENTIAL ESTATES: Staff found subdivision to be in compliance with the ordinance and the only item lacked is the maintenance bond. Staff recommended that signature be held up until the one year maintenance bond is submitted. Staff also stated that all fees for the perimeter of streets had been paid. This one has the holding sewer holding tank and CH2M Hill was instructed by the Council on April 30, 1987 to come up with an initial plan proposal for rectifying sewer problems, as well as a new delivery point and meter vault and water ground storage from NTMWD. Staff explained that this report by CH2M Hill would be forthcoming shortly. Motion was made by Mayor Pro-Tem Donovan that Council consider final acceptance with the condition that signature be held up until bond is submitted. Seconded by Councilman Crane. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. The motion carried with all in favor. APPROVAL OF UPDATED SUMMER PROGRAM THROUGH CHAMBER OF COMMERCE: James Butts from the Chamber of Commerce presented financial needs to the Council for a six week summer program. While the school is unable to afford any financial support for this program, Mayor Pro-Tem Donovan stated that in talking with Mr. Whitt he was supportive of the program itself and would supply facilities and transportation. Mr. Butts also stated that possible funding for this program could come from the D. B. Owen Foundation. They will be meeting in a couple of weeks and the decision for funding would be immediate after that meeting. Councilman Crane and Westerhof stated concerns that with the bleak financial situation given by the Finance Director, at this time it would not be feasible to support this issue. Motion was made by Mayor Pro-Tem Donovan to table this approval for two weeks at which time more financial assistance information would be avaliable. Seconded by Councilman Akin. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. The motion carried with all in favor. CONSIDER UPDATED PRESENTATION BY FIRE MARSHALL AND ASST. FIRE CHIEF LESTER GAYLER ON LOAN OF FIRE PROTECTION EQUIPMENT BETWEEN THE TOWN OF ST. PAUL AND THE CITY OF WYLIE: Equipment was inspected by Fire Marshall Gayler and is said to be in satisfactory condition with another truck also included as "spare parts" in agreement. It is felt that this equipment could provide much needed fire protection to rural areas. Possible onsite housing at Southfork Mobile Home Park was suggested. Council felt that no decision need be made at this time on where equipment was to be housed. APPROVAL OF AGREEMENT FOR LOAN OF FIRE PROTECTION EQUIPMENT BETWEEN THE TOWN OF ST. PAUL AND THE CITY OF WYLIE: Motion was made by Councilman Akin to approve loan agreement. J Seconded by Mayor-Pro Tem Donovan. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. Motion carried with all in favor. CITIZEN PARTICIPATION: Mayor Trimble ask that each person wishing to speak keep his/her time to within two minutes. There was no citizen participation. COUNCIL DISCUSSION: Mayor Trimble reminded Council members of a letter from the Texas Water Commission " Notice of Report " on violation of exceeding acceptable standards at the WWTP. A fine of $7, 500. 690 or a plead of mercy must be submitted within 20 days of notice. A new Postal Facility is to be built in Wylie with no exact location given at this time, and a parade is scheduled for May 16th for the Summer Baseball Association. Mayor Trimble also said recognition for out-going Councilpersons would be discussed as suggested by Councilman Akin. City Manager James Johnson reminded Council that the report from CH2M Hill regarding subdivision service problems at WWTP, the sewage collection system and water distribution system needed to be addressed at Council Worksession on the 21st of May. Also to be discussed at that worksession is the qualifications for City Manager. Mayor Pro-Tem Donovan reminded Council of the Collin County Public Officials Meeting on the 28th of May, and of the need for the letter on the traffic survey at Brown St. and Hwy 78. APPROVAL OF CONSTRUCTION DRAW #6 SPEED FAB CRETE ON NEW MUNICIPAL COMPLEX IN THE AMOUNT OF $113, 981. 23: Mr. Roy Faires stated that Staff had reviewed and found it to be within the percentage of completion and recommended payment. Motion was made by Councilman Westrhof to approve payment. Seconded by Mayor Pro-Tem Donovan. The vote was follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhor-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. The motion carried with all in favor. APPROVAL OF CHANGE ORDER # 2 FOR SPEED FAB CRETE FOR NEW MUNICIPAL COMPLEX IN THE AMOUNT OF $14, 948. 00: Staff would ask Council to approve based on information provided by Mr. Roy Faires on items listed as follows: #1 Install underground conduit from building to Northeast corner of property at cost of $2, 037. 00; #2 Installing underground primary conduit to Northeast corner of property from transformer and install secondary to building at a cost of$10, 156. 00; #3 install small envelope depository, model #68-1d (Hamilton safe) at a cost of $1, 775. 060; #4 install underground conduit for drainage under drive for future buildings at a cost of $705. 00; #5 Delete parking bumpers, 95 each, generating a credit of $760. 00. These changes along with insurance ($710. 00) total $14, 948. 00. Council agreed on all changes except #4 and #5. Motion was made by Mayor Pro- Tem Donovan to accept Change Order #2 with the exception of item #5. Seconded by Councilman Akin. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. The motion carried with all in favor. APPROVAL OF REIMBURSEMENT OF OVERSIZIN8 OF WATER/SEWER LINES IN STONE GROVE ADDITION TO HAROLD SPENCE IN THE AMOUNT OF $9, 553. 96 : Staff stated the original agreement for oversizing was approved by Council in the construction plans. Staff stated that the sub-division public improvements had previously been accepted at this meeting as an earlier agenda item. Subsequently, they recommended reimbursement for the oversizing and cost involved in making the connection to the old 4" water line that the City required. Staff suggested that an outside source be contacted to do a study on the overall system for future and potential development. In essence they would build a model of the City so that they could size the lines for us and when need use the reports as guidelines. Motion was made by Mayor Pro-Tem Donovan to the approve the reimbursement. Seconded by Councilman DiTota. The vote was as follows: Mayor Trimble- in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. The motion carried with all in favor. REIMBURSEMENT FOR OVERSIZING OF WATER LINES RUSTIC OAKS IV DOBIE DEVELOPMENT IN THE AMOUNT OF $5, 790. 00: Staff stated this reimbursement was for 10" line through the apartment complex and along Flemming Drive and made connection to 4" line as required by the City. These costs were included in the line construction costs paid by the developer. Motion was made by Councilman Westerhof to approve reimbursement to Dobie Development, as Rustic Oaks IV public improvements have been previously accepted by the Council at an earlier Council meeting. Seconded by Mayor Pro-Tem Donovan. The vote was as follows: Mayor Trimble-in favor, Mayor Pro-Tem Donovan-in favor, Councilman Akin-in favor, Councilman Westerhof-in favor, Councilman DiTota-in favor, Councilman Crane-in favor, Councilman Blakey-in favor. Motion carried with all in favor. Mayor Trimble recessed the open meeting and convened Council into executive session under the authority of Article 6252- 17 of V. A. C. S. Section 2, paragraph "g". concering governing body and its attorney. Mayor Trimble reconvened the open meeting after returning from executive session. Mayor Trimble called for a motion to adjourn since there was no other business. Motion was made by Mayor Pro-Tem Donovan to adjourn with all in favor. Chuck Trimble, Mayor ATTEST: Debbie Peoples, Deputy City Secretary MINUTES PARKS & RECREATION BOARD MEETING REGULAR MEETING TUESDAY, MAY 5, 1987 The Parks & Recreation Board for the City of Wylie, Texas, met in a regular session on Tuesday, May 5, 1987 at 7:00 P. M. at the Community Room at 800 Thomas Street. Notice of the meeting had been posted for the time and in the manner required by law. Those present were Chairman Curtis Hale, Mr. John Morgan, Mrs. Peggy Sewell, Mr. Larry Nickell with Mr. Willie Benetiz coming in late. Representing the staff was Mr. James Johnson, Acting City Manager, Mr. Bill Windham, Director of Public Works, Mr. Ken White, Parks Superintendent and Susan Marquardt, Secretary. Absent were Mrs. Jayne Chapman, and Mr. Morris Love. Chairman Curtis Hale called the meeting to order at 7:05 P.M. ITEM NO. 1 - APPROVAL OF THE MINUTES - Chairman Curtis Hale asked if there were any corrections or additions to the minutes. Hearing none, a motion was made by Mrs. Peggy Sewell to approve the minutes as submitted. Motion seconded by Mr. John Morgan. Motion carried 4-0. ITEM NO. 2 - CONSIDER APPROVING THE CITY OF WYLIE PARK MASTER PLAN PRIORITIES - Mr. John Morgan opened the discussion by asking the board to consider reducing the number of soccer fields from 100 to 30. Mr. Larry Nickell asked if we needed 30 fields right now? Mr. John Morgan replied, that we are fine right now. This is for the next twenty years. Chairman Curtis hale asked if the priority numbers were correct? Mr. Bill Windham, Director of Public Works replied, " yes", that the lowest average is the highest priority continuing down the list to the lowest priority which is the highest average. Chairman Curtis Hale asked if 60 baseball diamonds were okay? Mr. John Morgan asked to change the number of soccer fields to 50. Mr. Larry Nickell asked what the ultimate use is for this plan? Mr. John Morgan replied, " this is a long range plan for the next twenty years, a guideline for developing the parks. " Mrs. Peggy Sewell asked if the wilderness park was on the list? Mr. Bill Windham, Director of Public Works replied, " yes, the Lavon Dam/Campground. " Mrs. Peggy Sewell stated that she wished it was a higher priority. Mr. Bill Windham, Director of Public Works stated that this is a recommendation to the City Council and their priorities may be different. Chairman Curtis Hale stated that I didn 't put it higher because I felt not everyone would use it. That 's something we could start on right away with little expense. The only thing that would be of expense is the manpower in clearing the area. Chairman Curtis Hale asked how many acres? Mr. Bill Windham, Director of Public Works replied, that it 's about the same size as the City Park. Chairman Curtis Hale asked, " if this becomes a city park, will it be under the jurisdiction and regulations of the City?" Mr. John Morgan replied, " yes" and the area is already being patrolled by our police department. Mrs. Peggy Sewell asked if it will always be available to us? Mr. John Morgan stated, that we would have to enter into a lease with the Corps of Engineer. The original idea was a place for the Boy Scouts and Girl Scouts to go, where they wouldn 't have to worry about clearing it out, something to preserve it. The Boy Scouts may want to go in there and do some clearing. Mr. Bill Windham, Director of Public Works stated that the Corp of Engineers will probably want a plan for the property before giving out a lease. Mrs. Peggy Sewell stated that she would hate to lose the opportunity of having a wilderness park. Mr. Larry Nickell asked what else could happen? Mr. Bill Windham, Director of Public Works replied that some other type of organization could have the same opportunity that the City has in getting the land. I don 't think it 's something that we have to rush out and talk to the City Council about. Mr. Bill Windham, Director of Public Works asked Mr. John Morgan if 50 soccer fields were enough? Mr. John Morgan replied, " yes. " Mr. John Morgan made motion to approve the City of Wylie Park Master Plan Priorities with the exception of changing the number of soccer fields to 50 instead of 100. Mrs Peggy Sewell seconded the motion. Motion carried 4-0. ITEM NO 3 - DISCUSS LIGHTING OF BALLFIELDS- Motion was made to table this item by Mr. John Morgan. Mr. Larry Nickell seconded. Motion carried 4-0. ITEM NO 4 - CONSIDER AMENDING THE CURRENT PARK ORDINANCE 78- 18- Mr. John Morgan asked the board to consider amending the Parks Ordinance by adding an amendment that I have just passed out. Mr. James Johnson, Acting City Manager asked if it was interference with representatives of WSA? Mr. John Morgan replied that the only time we have really had a problem was a coupled of weeks ago. There is no ordinance covering his behavior. Mr. Larry Nickell asked if this is for the original ordinance, this doesn ' t mean we can make them leave? Mr. John Morgan replied, it will give the police authority to have that person removed from the park. Mr. John Morgan made motion to recommend to the City Council to add this amendment to the park ordinance. Larry Nichell seconded the Motion . Motion carried 5-0. ITEM NO. 5 - CONSIDER LIGHTING A SOCCER FIELD IN PARTICIPATION WITH WSA - Mr. John Morgan opened the discussion by asking Mr. James Johnson, Acting City Manager if changes could be made in the master plan for this park? Mr. Johnson, Acting City Manager replied, "yes. " Mr. John Morgan informed the board and staff that WSA needed a dedicated, lighted soccer field. We are currently being forced to play in the outer baseball fields. WSA would like to build a soccer/football field in the grassy flat area. The size would be 120 feet long and 50 yards wide. We would like to put up quartz lights, that 's 4 poles on each side. Mr. John Morgan also stated that WSA could raise the funds, with no expense to the City. However, WSA would like to get permission from the City Council before starting to raise the money. Mrs, Peggy Sewell asked if this supersede where the amphitheater was supposed to be? Mr. John Morgan replied, "it 's right on top of it. " Mrs. Peggy Sewell asked if there wasn ' t another area that could be used? Mr. John Morgan replied, "no, we 're running out of area. " Willie Benetiz asked if the area is just large enough for one field. Mr. John Morgan said, there is enough room for two, but right now we are just thinking about one. We would like to start building it this summer so that it can used this fall for soccer and football. Mrs. Peggy Sewell asked if there was any land on the other side of town, and didn 't the City Council approve our proposal for the ordinance which is relating to the developers? Mr. James Johnson, Acting City Manager, replied, "the ordinance has been approved, but all of the development has been started prior to the passing of the ordinance. Mrs. Peggy Sewell asked if this was a temporary measure? Mr. John Morgan replied, that it could be permanent, I just don ' t know. Chairman Curtis Hale asked if WSA could do this on their own? Mr. John Morgan replied, "yes, the materials are estimated at $3,000.00 with the labor free. " Mr. Willie Benetiz made motion to approve WSA to have a lighted soccer/football field as we have discussed. Mr. Larry Nickel seconded. Motion carried 5-0. ITEM NO 6 - DISCUSS MAJOR PARK SITE FOR THE FUTURE - Chairman Curtis Hale opened the discussion that major park sites are going to be a direr need in the future, as Gus said, it would take a bond election to get it done. It needs to be on everyones mind. Mr. Willie Benetiz asked if there was any land for sale? Mr. James Johnson, Acting City Manager, informed the board of the land at Birmingham Farms. The land has been sold. The Savings and Loan Company would sell it to the developers. Mr. James Johnson, Acting City Manger, showed different tracts of land from the master plan that would be developed in the future. He stated that the northeast area of the City was good property, but it has been plated and approved. However, if the developer doesn ' t build on it soon he will have to start the process all over again. Mr. Willie Benetiz asked, "in other words we couldn 't acquire any land for at least a year?" Mr. James Johnson, Acting City Manager, replied, if the economy picks up and developers start building. Mrs. Peggy Sewell stated that we need some good flat land. Mr. James Johnson, Acting City Manger stated that what is needed is a Master Plan to present to the City Council with trails, lights and etc. Chairman Curtis Hale stated that we need to discuss this from time to time so that we won 't forget. ITEM NO. 7 - CITIZEN PARTICIPATION - NONE. ITEM NO. 8 - GENERAL DISCUSSION - Mr. Willie Benetiz opened the general discussion stating that he has noticed vehicles parking on city park property and the City ordinance prohibits. I would like to see it stopped. Mr. Bill Windham, Director of Public Works replied, that Ken White, Park Superintendent is in the process of putting up cable around the park to keep vehicles out the park area. Bill Windham, Director of Public Works asked that WSA speak to their people. Chairman Curtis Hale asked about the proposal on the soccer fields from Sherri Cox? Mr. John Morgan replied, this is something between WSA and the school. Chairman Curtis Hale asked how the circus went? Mr. John Morgan replied that they received $3300.00 in advance tickets. We had a real good turn out. Mrs. Peggy Sewell asked who the members are on this board; we are suppose to have nine according to this ordinance? Mr. Bill Windham, Director of Public Works replied that the Charter supersede this ordinance. Mr. Larry Nickell asked, " out of the $10,000.00 budgeted for parks, have we only used $2400.00 for bleachers?" Mr. John Morgan replied, "we have also had dirt taken out of the budget. " Mr. Bill Windham, Director of Public Works stated that some of the money was used to rebuild the park road. Mr. Larry Nickell informed the board that several people had approached him about some basketball courts, which are very inexpensive. Mr. John Morgan stated that it could be discussed, but we could not make a motion on it because it was not on the agenda. He also stated that we could place two at the end of the parking lot. Mr. Bill Windahm stated that we could make the courts with the bomag machine with a 1 inch hot mix overlay, sealing it with dry portland cement. Chairman Curtis Hale asked if this was inexpensive? Mr. Bill Windham, Director of Public Works replied, " compared to concrete, yes. " ITEM NO. 6 - ADJOURNMENT - Chairman Curtis Hale asked for motion to adjourn the meeting. Mr. John Morgan made motion and seconded by Mr. Willie Benetiz. Motion carried 5-0. Curtis Hale, Chairman Parks & Recreation Board Respectfully submitted: Susan Marquardt, Secretary MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY MAY 14, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on May 14, 1987 in the Community Room at 800 Thomas Street. A quorum was present . notice of the meeting had been posted for the time and in the manner required by law. Those present were: Chairman Brian Chaney. Vice-Chairman Ben Scholz, R. P. Miller and Jay Davis. Bill Chapman and Ken Mauk were absent. Representing the city staff was James Johnson, Interim City Manager; Roy Faires. Code Enforcement Officer and Amanda Maples. Secretary. The meeting was called to order at 7: 30 p. m. by Chairman Brian Chaney. ITEM NO. 1 - APPROVAL OF MINUTES OF MARCH 19, 1987 - Vice- Chairman Ben Scholz made a motion to accept the minutes. R. P. Miller seconded the motion. Motion carried 4-0. ITEM NO. 2 - CONDUCT PUBLIC HEARING ON A REQUEST FOR A S,PF_CIFIC USE PERMIT -. This Specific Use Permit is to operate a retail nursery in an "R" District - for 300 E. Hwy. 78, Lot 37, Bloc 16 of the Railroad Addition. Mr . Faires stated that the staff had recommended to the City Council that this be handled as a Specific Use Permit rather than a rezoning . This permit will allow him to sell live plants outside it will not allow him to sell any produce on the outside of the building. Chairman Brian Chaney opened the public hearing to anyone who may wish to speak for or against this item. Mr. Hank Stanley. owner of the produce market came forward and asked Mr. Faires if he would be allowed to sell Christmas Trees on the outside of the building. Mr. Fairies said that he would be allowed to sell Christmas Trees. There being no further questions or opposition the public hearing was closed and brought before the board for discussion. Chairman Brian Chaney asked the members of the board if the permit should be limited to a yearly permit which would have to be renewed or if. a full permit should be granted. 0 Mr. Faires stated that he could not see ,lust cause to restrict the permit to a yearly basis but the permit may be limited to the present owner. Chairman Brian Chaney said that he felt that limiting the permit to the present owner would be the best way to handle something like this because if this proved to be a bad idea then it would not be grandfathered for several years. R. F. Miller said that he also felt that a present owner clause would be a good idea. Ben Scholz agreed that a present owner clause should be stipulated in the Specific Use Permit. Ben Scholz made a motion to 9rant a Specific Use Permit for the outside sale of plants with a present owner clause stipulated in the permit. R. P. Miller seconded the motion. Motion carried 4-0. ITEM NO. _ - ADJOURN - Vice-Chairman Ben Scholz made a motion to adjourn the May 14, 1987 Meeting of the Planning and Zoning Commission. R. F. Miller seconded the motion. Motion carried 4-0. Brian Chaney. Chairman Planning & Zoning Commission Respectfully Submitted: Amanda Maples. Secretary / c" (-`17-j' /117 ,,,„„z nze. ,tz A g i 9F: 04(,zt,,,-ez o/-41-‹ TO: MAYOR AND CITY COUNCILMEMBERS FROM: LESTER GAYLER, FIRE MARSHAL RE: RECOGNITION - WALTER E. (BUBBA) JUSTICE DATE: MAY 21, 1987 Walter (Bubba) Justice, a 21 year old resident of the City of Wylie, was riding his motorcycle on Memorial Street on April 18, 1987, when he observed black smoke coming from the back yard at 300 Memorial. Bubba investigated the fire and found that the wood cedar patio cover was on fire. He then scaled a 6 foot fence, found a garden hose and extinguished the fire, before the Fire Department reached the scene. Bubba managed to turn a possible $40, 000 fire loss, into a loss of approximately $1, 200. I =. /✓_..___.../✓`_._1 �_�,./..._/✓.---/✓.._/A_/✓`__/J�/../._J`✓� ' i. OltiCe ot the . to or 4 ` I, I; hiro rxtti r. g a , �� ia.4,,,,,,t,,,. ..:,:,..::v714:st.01.:1,:sTitri, $ to frte:Z g• tk 4 „-,'As-',.?..;,,, .4., 4.e.k. r-L: 64, ' ',A , ,.,,, ,,,, .., ,,,,,,,,, A -eh 1„..° . '4,'",'''',' ,0. , %': ,,,,,' ,,,,,,;,1,1-:1,41,1' ,^,:;,,, 0:,,�t. 3 4pS4 ? �v 6.* 1.`",u fiv wCr;aO'`b 'Rr. y � ,4R70 'a ia` k'v ...E , FT .� 4 � i.1.,„; 0 i; ii. . r ,004ac,iie, AWARD , r ...,:. ,,,go- ; ,- ... „. , A ,,,„.., .,....,,,, .... ...,.. ...,... . •,, .::, ...,,,. , . . . ... • ,000., „..,..11,... . , .0,,, c....„, Presented to Ot 0., er E. cc) jitstice ,.., 1 i&r4 recogni dfor hiis efforts in suprrelli'5 t st .uture ire in the j&oii4Cr s grace 1?istaenitrifs GCiCitioiv in the it *Cie'. ThrozjqIi his nick ~'` actions, he saved the limper-is ner aw .. eytemtve i. c e, -wiiCe yo, ardtzinq btu- oion sc,f etLy. ' • �i C' z .�i . Lin evilness evfiezeof Li nac-e fezeunto set nny a nr ri.... ..: c. ) i ' / p ' is ` p :jti�� +�F�:i � and Ca! the U 21 pp to L'e Uf�(Xe r— r- ayo 04 0. Jute 21 if 51987 ir, _ ill ;FYR','.7.,T 1977 - MODERN PRINTING CO., B'HAM., AL. ( / ei . MEMORANDUM TO: James Johnson, City Manager FROM: Roy Faires, Code Enforecement DATE: May 22, 1987 RE: Ordinance Amendment The amendment to the Subdivision Ordinance requested by the Council has, as you required, been forwarded to the City Attorney for approval. His letter indicates approvoal without change. The Planning and Zoning Commission is sending this ordinance forward to the City Council with recommendation for approval therefore we have supplied the City Secretary with an original copy of the ordinance to be placed on the next agenda. Respectfully d, k-I't 4 *� Roy Faires Code Enforcement Officer RF:rb / r~ SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner, Jack, Sallinger& Nichols) ALFRED SALLINGER Attorneys & Counselors at Law PRESTON CENTER OFFICE H.LOUIS NICHOLS 1800 Lincoln Plaza 8222 Douglas Ave.Suite 707 LAWRENCE W.JACKSON 500 N. Akard Dallas,Texas 76225 TIM KIRK (214)692-1218 ROBERT L.DILLARD III , Dallas, Texas 75201 ROBERT D.HEMPHILL (214) 954-3333 ROBERT E.HAGER PETER G.SMITH ROY L ARMSTRONG DAVID M.BERMAN ROBERT L.DILLARD.JR. JOHN F.ROEHM III May 20, 1987 OF COUNSEL BRUCE A.STOCKARD PAM GANDAL EUDARIC Mr. James Johnson Acting City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 Attention: Mr. Roy Faires Director of Planning and Zoning Dear James: I have reviewed and approved the attached ordinance, which was forwarded to me by Mr. Faires. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD By Lawrence J ckson LWJ/sb Enclosure ORDINANCE BEING AN ORDINANCE REPEALING ORDINANCE #86-52 AND AMENDING ORDINANCE #83-13 SECTIONS 6. 04, 6. 06, 6. 07 AND 8, PROVIDING FOR A SEVERANCE CLAUSE,` PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS: It is the desire of the City Council of the City of Wylie, Texas to include additional requirements in the Subdivision Regulations, and WHEREAS: The City Council has determined that such regulations are necessary to protect the health, safety and welfare of the citizens of the City of Wylie, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: That Section 6. 04, Subsection A paragraph 2 is amended by adding thereto the following: It shall be the responsibility of the developer to acquire and file, with his construction drawings, any and all easements necessary or required for offsite work. Plats shall not be "approved for construction" prior to the presentation of these documents. That Section 6. 06 second paragraph is amended by adding thereto the following : It shall be the responsibility of the developer to acquire and file, with his construction drawings, any and all easements necessary or required for offsite work. Plats shall not be "approved for construction" prior to the presentation of these documents. That Section 6. 07 first paragraph is amended by adding thereto the following : It shall be the responsibility of the developer to acquire and file, with his construction drawings, any and all easements necessary or required for offsite work. Plats shall not be "approved for construction" prior to the presentation of these documents. That Section 8 is amended by the following actions: Entitle existing paragraph a and adding thereto the following : To be supplied before filing of final plat, and adding 2 new paragraphs entitled b and c so that the entire Section 8 reads as follows: SECTION 8 - BONDS_AND_INSURANCE (a) Any subdivider/developer shall furnish a maintenance bond for one year from date of acceptance, an irrevocable letter of credit for one year, or place in escrow for one year from date of acceptance, an amount that represents ten percent ( 10%) of the total cost of public improvements (streets, drainage, water/sewer lines, etc. ) for said development in order to indemnify the City against any repairs which may be necessary in connection with construction of said improvements arising form defective workmanship or materials for a period of one ( 1 ) full year from final acceptance of each phase of the development' Final acceptance of a subdivision or a phase of a subdivision will be withheld until said maintenance bond or proof of establishment of escrow account has been furnished to the City. r7 ' (b) The subdivider or developer shall furnish a labor and materials payment bond equal to 50% of the cost of the public improvements, to be supplied prior to approved for construction stage process. ' (c) Proof of liability insurance to cover any and all accidents that are attributable to the construction activity both onsite and offsite, to be supplied prior to approved for construction stage process. SEVERABILITyt_ It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jursidiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph, or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. PENALTA. Any person, firm corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine not to exceed the amount permitted by State Law. PUBLICATIONS. The caption of this ordinance shall be published one time in a newspaper of general distribution in the City of Wylie. EFFECTIVE DATE. This ordinance shall become effective upon its publication in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE DAY OF , 1987' ___________________________ Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary TO: MAYOR AND COUNCILMEMBERS FROM: JAMES JOHNSON, ACTING CITY MANAGER RE: AGENDA ITEMS #6 & #7 DATE: MAY 22 , 1987 Item #6 - This ordinance creates the Cottonwood Creek Lift Station District as we have previously discussed , regarding the Lake Ray Hubbard Mobile Home Park. Fees are $430 .00 per dwelling unit and the ultimate cost of providing a lift station for the district in 1987 dollars is $4 ,984 ,560 .00 . This ordinance was reviewed by Larry Jackson , City Attorney, before appearing on the agenda for your consideration. Attached map highlights district boundaries . Item #7 - This ordinance came at the request of the Parks and recreation Board and Wylie Police Department, regarding a disturbance at a baseball game several weeks ago. This ordinance will provide the Police Department with a definitive ordinance to correct future incidents. (See P & R Board minutes in the (Item 4 in minutes) packet) . The other part of the ordinance is a housekeeping item as the original ordinance was done (1978) before the adoption of the charter. Article II , Section 2 , simply tracks the wording in the City Charter (Article VIII , Section 2) and brings the ordinance into conformance with the charter. A copy of the original section dealing with composition and appointment is attached . / (1 ORDINANCE NO. AN ORDINANCE CREATING SPECIAL LIFT STATION DISTRICTS: ESTABLISHING GENERAL PROVISIONS; ESTABLISHING BOUNDARY LINES; ESTABLISHING FEES; AND SETTING GUIDELINES FOR THE COLLECTION OF FEES AND SUBSEQUENT COLLECTION OF FEES: PROVIDING FOR DEVELOPMENT STANDARDS: PRESCRIBING PENALTIES FOR THE VIOLATION THEREOF; PROVIDING FOR THE PUBLICATION OF THE CAPTION; PROVIDING FOR SEVERALBILITY AND THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, A HOME RULE POLITICAL SUBDIVISION OF THE STATE OF TEXAS; SECTION 1 - GENERAL . The City of Wylie is hereby empowered to establish, define and amend sanitary sewer lift station districts for the provision of sanitary sewage collection for the current city limits and future expansion within the City 's extraterritorial jurisdiction. These lift station districts shall be provided when, in the opinion of the health, safety and welfare of the citizens of Wylie and those people impacted by such decisions within Wylie 's extraterritorial jurisdiction. These districts shall be established in such a fashion as to make maximum use of existing topographic drainage basins and to provide for a minimum number, of eventual lift stations to serve the needs of the City and its ETJ. Districts may be created encompassing land that lies both within the city limits and outside the city limits at the time the district is created. This is necessary in order to insure for proper future planning and maximum utilization. Fees that may be prescribed for a particular district will be collected at the time of development based upon the level of development. Subsequent fees may be charged if eventual development exceeds the initial paid for scope of development. Land area within the ETJ will be assumed to be part of a particular lift station district and fees from such areas shall be due at the time service and annexation is requested. All lift station districts shall be established, unless specifically noted in the creation of such districts, to be based upon a gravity flow system to the City 's lift station. Developers and individuals desiring to connect to the system shall pay their established fee for the district in which their property is designated. The payment of this fee shall entitle the developer/individual to connect to the existing system at an anticipated flow determined by the development and the payment of the fee. The monies thus collected shall go to the construction, placement, engineering and general provision of the lift station placement, engineering and general provision of the lift station facility and it 's necessary appurtenances. The developer/individual may, in addition, be required to extend a connecting line between his property and the available connection point. Such extension shall be at his own expense and separate from the collection of the lift station fee or any other, fee. In addition, some developer/individual may be required to pay the cost of continuing through their, property a general collection line for the purposes of routing the sewage to the lift station complex. �� � The City shall keep accruate records of all monies collected and expended for each lift station district. Such monies shall be audited annually as part of the City 's regular audit procedure. The City may use money collected from one district to start, upgrade or complete the lift station in another district in order to respond to a changing development pattern. In such case, those monies shall be returned to the original lift station district account upon collection as a result of ultimate development. SECTION 2 - COTTONWOOD CREEK LIFT STATION DISTRICT A. There is hereby created a special district for the purposes of providing sanitary sewage facilities and the construction of a lift station. This district shall be known and referred to as the "Cottonwood Creek Lift Station District. " B. The boundaries of the Cottonwood Creek Lift Station District are established as follows: BEGINNING at the intersection of Akin Lane and Stone Road and proceeding easterly to the intersection of FM 544 extended (W. A. Allen Blvd. ) ; THENCE proceeding southerly along FM 544 to its termination at the corner of Vinson Road; THENCE proceeding along Vinson Road southeasterly to Troy Road then extending to the City of Dallas Lake Ray Hubbard property line; THENCE following the meanders of the City of Dallas Lake Ray Hubbard property line in a general southerly direction crossing Liberty Grove Road and Cottonwood Creek continuing to follow the City of Dallas Lake Ray Hubbard property line until said property line crosses Liberty Grove Road South of Cottonwood Creek; THENCE southwesterly along Liberty Grove Road to its intersection with Elm Grove Road; THENCE northwesterly along Elm Grove Road to the intersection of said road with Whitely Road; THENCE northeasterly along Whitely road to the intersection of said road with Wells Road; THENCE northwesterly along Wells Road to the intersection of said road with Pleasant Valley Road; THENCE northeasterly along Pleasant Valley Road and the curve to the northwest and then along said road northwesterly to its intersection with South Ballard (Old Sachse Road) ; THENCE northerly along South Ballard to the south property line of the Wylie Independent School District property; THENCE easterly alonq the south property line of the Wylie Independent School District to the southeast property corner which is also in the west property line of the Wylie Park: THENCE northerly along the east property line of the Wylie Independent School District and continuing along the western edge of Thomas Street to an intersection with Stone Road; � / ` THENCE along Stone Road in an easterly direction to the Point of Beginning at the intersection of Stone Road with Akin Lane. Borders of the above described district may be amended in order to facilitate the extension of services or to exclude service to a particular parcel of property contained within the above mentioned area. Such additions or deletions may be accomplished by amending the boundary line or by specific notation as to the property or properties added or deleted. 1 . Additions to original district. a. ) None 2. Deletions to original district. a. > None C. FEE FOR DISTRICT The estimated cost of providing a lift station for the Cottonwood Creek Lift Station District is $4, 984, 560. 00. This estimate is based on 1987 dollars and therefore, the City will retain any interest earned or overages collected in order to defray any cost of inflation. This estimated cost divided by the anticipated normal density of four (4) units per acre results in a per unit fee at the time of connection of $430. 00 per dwelling unit. Subsequent development after initial connection will be required to pay additional fees relative to increased usage. Commercial users will be charged equivalent dwelling unit fees based on an anticipated generation or subsequent production of two hundred thirty (230) gallons of sewage per day average. This calculation shall be made in the same manner as outlined in the City of Wylie Impact Fee Ordinance and shall use the same tables and schedules for computation. SECTION 3 - PENALTY Any person, firm, corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine of not less than $1 . 00 nor more than $200.00. SECTION 4 - SEVERABILITY All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are superseded by this ordinance. All other parts of such ordinances are not repealed. It is declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase° clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . � ` SECTION 5 - EFFECTIVE DATE This ordinance shall become effective upon it publication in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS, THIS THE _ DAY OF , 1987. Charles T. Trimble, Mayor ATTEST: Carolyn Jones, City Secretary Li �` IANT TE P/.2.1Z k . �_..J._.Ii«fN T Al •• I II100 l / '"l=u 'O L/„/�A I I HOW. E l.n. 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Y;', TM I �r (I / SEW E I I 1 I .. $ /oLspo AL s I I I I liiiiii f •�y wtnt`Not as PLANE 0 I I1•—I;AT.,.;-,-.— r_� - fA-71T Taint Rua) J.s t.l.n;,,a I I c_5 — • R4 M°"(.A IA J j El"14 j i OLJtt I MS S &r4q Ct € tIc E1w M 1 I It. ��.6 / I c / 't 1 u s // • 1 I^..k.YR IR z \ ` __ _ / /// I 1 CR•Q2 .'`I / (�/ '✓ I (\ Woo.w.row a �_ / / 1 t'111.i.1N 1 / 4 • //�/ / '.\! D.A. 4 / 4� COTTONW000 Eonon.oud' `N. �q_ i/ // CEMETERY` V/ 'JO 1 ugh Moon Or l !':'k r ,o" eo� RA Y r 'c. b.e y4. t - 0 •h'-..A c, .� s/ HUBBARD sir •••••••.., 4.cg, lo..' l� • C 11 j L V O44 , STREET MAP \\ ;.. '—J WYLIE, TEXAS ;,1?\,i r • IIIGIND I - . 1 INTERSTATE NWYS .r•���� 1 —..Dmo(D NWYS ..$1)...1V21....\ \\\I\ _ �* V.S.NWYS (+ STATE NWYS � *NJfARM TO MARKET ROAD �_ -• �' - DIVIDNOD MAJOR OSTNICTING Si.ED THOU ST. Psk �.M_ - STREET —������ oi'dA .. � '3 ' ,. DIVIDED SI. •.• ..• — - 1�s_�� ROWLETT • . . • ..I°'' i CO VOIG,T tp TRIG • ORDINANCE NO. BEING AN ORDINANCE AMENDING ORDINANCE #78-18, ARTICLE II , SECTION 2, COMPOSITION AND APPOINTMENT OF THE PARKS AND RECREATIONS BOARD, AND ADDING SECTION 10 , REGULATIONS GOVERNING DISORDERLY CONDUCT, TO ARTICLE I , PROVIDING FOR A SEVERANCE CLAUSE, PROVIDING A PENALTY CLAUSE, PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS: It is the desire of the City Council of the City of Wylie, Texas to include additional requirements in it ' s ordinance regulating the use of Park and Recreation Facilities and Parks and Recreation Board . WHEREAS: The City Council has determined that such regulations are necessary to protect the health, safety and welfare of the citizens of the City of Wylie, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: That Article II , Section 2 is amended as follows : The City Council shall appoint a parks and recreation board of seven (7) members who shall be qualified voters to work in an advisory capacity to the City Council in the planning and development of parks and recreation facilities and regulations governing their use. Members of the board shall be appointed for two (2) year terms with three (3) members terms expiring in even numbered years and four (4) members terms expiring in odd numbered years . Members of the board shall elect a chairman, each July, from their membership and shall meet at the call of the chairman or at the request of the City Council . The City Manager shall appoint a staff representative to the board . That Article 1 is amended by adding thereto the following: Section 10 : DISORDERLY CONDUCT. It shall be unlawful for any person to willfully interfere with, disrupt, or prevent the orderly conduct of any supervised play or amusement program being conducted by the Wylie Parks & Recreation Department or the Wylie Sports Association in any building, swimming pool , playground or park area located in or on any public property within the city. It shall be prohibited to engage in loud, boisterous, threatening , abusive, insulting , or indecent language, or engage in any disorderly conduct or behavior tending to a incite a breach of the public peace in any park or other public facility. SEVERABILITY. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph, or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional . PENALTY . Any person, firm, corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine not to exceed the amount permitted by State Law. PUBLICATIONS . The caption of this ordinance shall be published one time in a newspaper of general distribution in the City of Wylie. EFFECTIVE DATE. This ordinance shall become effective upon its publication in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS THIS THE 26th DAY OF MAY, 1987 . Chuck Trimble, Mayor ATTEST: Debbie Peoples, Deputy City Secretary /// °40e 4? ?a 11111141 41 SECTION 8: HORSEBACK RIDING. It shall be unlawful to ride or lead a horse or pony anywhere or any place within the Community Parks, Recreation or Community Center Facilities, except on streets or paths designated by signs for such purpose. SECTION 9: SPEED LIMITS FOR VEHICLES. It shall be unlaw- ful to operate any motor vehicle of any kind or nature whatso- ever or any bicycle or motor bike at a speed in excess of twenty (20) miles per hour within the Community Parks, Recreation or Com- munity Center Facilities. ARTICLE II - PARKS AND RECREATION BOARD SECTION 1: CREATION OF BOARD. There is hereby created in and for the City of Wylie and for the surrounding Community, the WYLIE AREA PARKS AND RECREATION BOARD. Hereinafter, referred to as PARKS AND RECREATION BOARD. SECTION_ 2 : __COMPOSITION APPOINTM w k s •, The membership o ''ecreation Board shall be composed of nine (9) members, five (5) who must be residents of the City? the other four (4) who must be residents of the Wylie Independent School District. Futher, at least one member of the Board shall be a mem- ber of and represent the City Council , the Wylie Area Chamber of Commerce, The Wylie Sports Association, and Wylie Independent School District. • SECTION 3 : TERM OF OFFICE. Each member of the Parks and Re- creation Board shall serve for a period of three (3) years , except for the initial Board which shall be established with staggered terms of one (1) , two (2) , and three (3) years . The City Council designate the term of office for each member appointed to the initial Board. The effective date of the initial appointment of the Board shall be July 1, 1978. SECTION 4 : REMOVAL OF MEMBERS. The City Council may remove from office any member of the Parks and Recreation Board for any cause deemed by the City Council to be in the best interest of the City and surrounding Community. c7 CY • To: Mayor & Councilmembers From: James Johnson, Acting City Manage$.- Re: Agenda Items #8, #9, & #10 Specific Use Permit Date: 5/22/87 This item has appeared before the P & Z Commission (5-14-87) (See P & Z Minutes in packet - Item #1) . Planning & Zoning conducted a public hearing on that day and the permit received favorable action that the specific use permit be limited to the present owner, Mr. Hank Stanley - Roy Faires will handle any staff discussion. APPLICATION TO Board of Adjustment and Appeals (Building) ORDINANCE 83-15 U Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 E1 Planning and Zoning Commission ORDINANCE 81-5 ' NAME -1yv K 5`t"a^y 1 CLAA - . . ADDRESS 3OO ,. r) . • LOT 3`1 BLOCK , Hn SUBDIVISION -�� �f v0 PrC\ BASIS OF APPLICATION: Interpretation Special exception for use or development EiiVariance DRezoning EException to Building Code , EXPLANATION: 0 ee r 4.71C ca. YC 7--1 ) dil v r S t✓y _ r IDte tic 1 's SIGNITURE of APPLICANT DATE t- ` - Must be accompanied by filing fee of $ tc.pc'Sri PI -- _5-/f—x 7 Received: + (, _ n Date: �1 -$7 0 e - pC 441- F 2 4 CODE E RCEMENT OFFICER f BROWN 10 I 10 1 9 2 9 2 1 I I L. 8- - - 0 3 I 8 4 3 1— W 7 4 W 7 4 W I--- 6 5 cn 6 5 15' SEWER STREET 1 10 I 9 • 9 8 8 2 :'••. 1 - S 8 • , .. • .:•••op 1 3 I I 7 . I 1 • •• `••r• 0 ••• • 'r 4 Z , •• 6 • 4 7 6 • V •:;••,• • W •, Z 5 5 S0, MARBLE 8 I 7IA(4)/ I 6 0 3 \i)41)..) \ CC 4 / Aill STREET 7 `, 17 H 1 1, MEMORANDUM DATE: c/ /�77 TO: James Johnson, Interim City Manager FROM: Ron Homeyer, Asst. City Engineer SUBJECT: Plat and/or Plans Approval mr-�- / 07-5 Z�!- � P11,17r The material attached _is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. OPreliminarY Plat to Planning and Zoning OPreliminary Plat to City Council OFinal Plat to Planning and Zoning a/Final Plat to City Council DConstruction Plans to City Council for construction approval only [] Final Plat to City Council for subdivision acceptance along with final inspection statement COMMENTS: ` ' _ - -__-_ RH/am CC.* Public Works Director Code Enforcement Officer Subdivision File Chronological File / 0.11.11111 CERTIFICATE IRATE OP TEEM COME OF COLLIN: SURVEYOR'S CERTIFICATE / LOT DI KNOW TO ALL MEN BY 1TESE PRESENTS, THAT, 1, Donald J.Jackson,do hereby certify that I prepared this plat from an actual survey of the land and that the corner monuments shown thereon were properly Oared un r my peraon.ouPerStskon it, .., following meet of landr :::::::::LL'ols':::::::: accordanre with the Platting Rules Regulations of the City Planning 1,an addition to t.City of Wylie,Texas as recorded in Cabinet 11, 4. S 89' 53' 49-E 121.86' Page 221 of the Plot ccccc do of Collin County, .and bet.more Commlaeion of the City of Wylie,T i 0 a W perticalsry described err follow. tH la RAD Z ....6 COMM.at the Int...ion of the meat rIght of way line of Somber s.RE....4- < • Lana la 50'a.0.11.I with t.north right of vay line of Lathy Lone .50.11.0.E.), .0,70... ..4 Itegiatel'edtblr rweyor 1,49 r.... 4110:, •..4.1" i.)iir—er-,, gt BLLOLOTOC T_K72 22 AI oti <a2wlJ ..). nr:Lt:oh.n:e,t no•n:.c.,PNN2,12I a:N,.,,:aT::0n;dO:F::2.1B3EE,Gwr:iS1IntoN.viuNe:::tI:hN G0::.0:, / = _ o n0nrfr d:0ed,51I.t 7oe:1h,it.,,,n0en,L,o26s6o2Pt1t':u090O0hL1: .:e e0ae:0:Otsss,,,R d;aPttt .., «*.ACkSpSBI..OnnoTEtI%.oasAUFrs.6 O:p.Ttt. .A:eoRr.E.4.t usE1 L.omoO.e•.NeFfD..atnE3..TnTt,T i..eedJ9Er.A7.aXtx...4ranc.Ah.do.esJtS.9.n.,i.A c.noiC-!d.dok:e.enK'1o.firr1:S\a.shw.-.::. lti.< O egp...i,nedo- edgnr. deaa doyt anh euptweort hehromosioesnr eni a,ttnhyl,aa,,l myt,,ae‘ah.eNlp.oe.p eelnaxa,ue,rcabe nsdia dcP eurDodibi nnbl eatidhctl eldm it oJsn ae.msstehPoJ eaad ccfokffioosrt oYrr enthgtt. oehh eet nreg in Y stated. (10 2 ..ww-•''..-'"' Containing a computed area of l6,116 sumire feel or 0 314fi ficree of lli Cr) ........". ,,,,,,i up:80,444c AND SEAL OF OFFICE thin a0._day of W2,1".„..land. LOT 23 if).. ............---- -.... ....- POINT OF Wt ...---ww--- 0 ----.. BEGINNING ...--- t4144,........i.:..." -- % Onk icd .... .... TRAP.CARL A.TERRY AND LISA*.N.TERRY,does hereby adopt this plat 503'P" 7. ‘0"* __---- • ao-A REPLAT OF LOTS 22 AND 22,Block 1 Of POINTE NORTH ADDITION, PHASE 4reio'i"‘ z -re 1 ..........- ___...-- uee and accommodation of all public utilities dealt.to use.or using .,-.'-''-'":„SP-.6.C. the some. No buildings, fences,I..a..idirubs or other improvements shell be conetructed or placed upon,over or across the......nt...Pa public utility shell have the right to remove and APPAO.0 AND ACCEPIED 1 keep removed ell or port of any buildings,fences, trees,shrub.or other impro.....ts or aro..vhich In any way endenaer or Interfere with the construction,maintenance.or efficiency of its respective LOT 24 my..on my of these easement strips,md any public utility shell ik:K3 et all times hove the right of in.....and tErees to and from and upon SCALE NEW Mayor,City of Dyne,Texas Date any of said easement strips for the porpo.of conotmeti.E.ree...mettna. 2 Io POINT OF : in.....Patrolling.mr.ntoining,end adding to or removing ell or port of Its respective system without the necessity at any time of procuring the pe......on of anyone. Th.plat approved subject LT4ILT411:5,4::1,,nmerea,rules,regulations And resolutions of the .I EXECUTED THIS_LL;?.___dek'of galaw,..._Ei \ t ea et N.TerrY La grertrftes that the largoing filial plat of"A WEELAT OF LOTS 22 AN° El,111,0Er I OF POINTE NORTII ADDITION, PHASE F't sobdrvislon or addirton bto the CI i y of Wylte was subnItted to the Ctty Council on the 0 day of , lotil,and,e Council by for..ac,..., ,nii--W, -- ,1.,,accepted the de,,,tio.or str.,ts,alleys,parks,easements, Z publrrt places,and stater and sever lrnes as shorn and eet forth In and upon sattl plat,end said Council lurther authorized the Mayor to note the acceptance thereof by signing/us name as heretnehove auhtotrthed Wttnese my hand this day of STATE OF TEXAS: Ct t Y EerretarY,City of Wylie,Texas COMMENCING Iiik." COUNTY OF COLLIN: BEFORE ME. the undersigned authority,a Notary Public In and for the State of Texas,on this day personally appeared Carl K.Terry and Lleatteth N.Terry known to me to be the persons whose names in subscribed to the foregotng instrument end acknowledged to me th.t they executed the same for the purpose and conaideration therein erpressed,and an the capacity therein stated. A REPLAT OF LOTS 22,23,BLOCK I OF CITEN OMDEll MY NAND AND SEAL OF OFFICE this d y ofjt , KATHY LANE 1.17. POINTE NORTH ADDITION, PHASE ot•rWil en or tfeVelo eras B.M.WILLIAMS SURVEY ABSTRACT No. 1021 ( 50' R.O.W. ) COLLIN COUNTY, TEXAS CITY OF WYLIE DATE,M0Y1737 omen CARL X TERRY onE LISABETHW TERRY IljTrkr,TETAMOST I 04144?-7552 J.Mc E50-87-0,o0 I JACKSON 11.ASSOCIATES SURVEYING CONSULTANTS, MO AMANIE ROAD UM 00 RIC1.114014 TEXAS 1504 .1 66' .,.. •1" . • To: Mayor & Councilmembers From: James Johnson, Acting City Manage Re: Agenda Items 12 & 13 Date: 5/22/87 Item 12 - Lighting of Soccer Fields (See P & R Board Minutes - Item 5 - of 5/5/87) Mr. John Morgan, of WSA and Parks & Recreation Board will make an oral presentation as to the lighting of a soccer field at the Community Park. This item apparently had been discussed before, however, the WSA will propose this evening using some of the park area for a lighted soccer field and pay for the lighting installation themselves. Item 13 - Park Master Plan Priorities as recommended by Parks & Recreation Board. (See discussion - P & R Minutes Item #2) and attached priorities listing and projected costs by fiscal year. John Morgan or another P & R member will be present to propose master plan. *****4*********4* *****4+****4* *** *?***** ********************F***************F******,?***********************************************F***iF******************?**************************** CITY OF WYLIE PARK MASTER PLAN PRIORITIES ****-*******************************************************************************±********************************************?************************************************************* BCLHMSN ACC EHOAOEI V of 0 FY FY FY FY FY FY FY FY FY FY FY FY FY FY PARK./FACILITY DESCRIPTION NAVLRWC G C U 1986-87 1987-88 1988-89 1989-90 1990-91 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 1999-2000 IPEEGEK N BOND YR BOND YR BOND YR TOTALS **************************4******************************************************************************************************************************************************************** COM PK/BASEBALL COMPLEX 1 1 3 1 2 1 1 1.4 5.000 7,500 10,000 22.500 50 SOCCER FIELDS 1 1 2 1 3 4 2 2.0 8,000 8,000 10,000 10,000 10,000 10,000 10,000 10,000 76,000 COM PK/PICNIC PLAY AREA 1 1 4 5 2 1 1 2.1 1,000 1,000 BASKETBALL COURTS 2 2 3 1 2 4 1 2.1 10,000 10,000 60 BASEBALL DIAMONDS 2 2 2 4 2 2 3 2.4 0 10 FOOTBALL FIELDS 2 2 ' ? '' i ' 2,4 10,000 12,000 12,000 12,000 12,000 12,000 70,000 6 MAJOR BASEBALL COMPLEXES 3 3 1 1 4 3 2 2.4 600,000 600,000 ) HOSP PK/WALK-JOG TRAIL 4 1 5 2 2 1 4 2.7 0 COM PK/COMMUNITY ROOM 1 1 4 3 2 6 2 2.7 0 HOSP PK/PICNIC PLAY AREA 4 1 5 3 2 1 4 2.9 0 GYMNASIUM 3 3 4 5 1 3 2 3.0 400,000 400,000 TENNIS COURTS 4 4 3 4 3 3 1 3.1 20,000 20,000 LAVON DAM/CAMPGROUND 6 4 2 4 1 1 6 3.4 0 COM PK/SWIMMING POOL 1 5 6 1 1 10 1 3.6 300,000 300,000 KIRBY PARK 2 2 3 4 10 3 5 4.1 1,000 1,000 COMMUNITY ROOM 8000 SFT 5 4 5 6 2 3 4 4.1 � , LK RAY HUBBARD/BOAT RAMP 8 7 1 2 5 5 3 4.4 0 �- TP&L PK/BIKE TRAILS 7 1 10 7 2 1 7 5.0 0 0 `^ ^' ,4 TP&L PK/PICNIC AREA 7 5 10 5 2 1 7 5.3 0 TP&L PK/JOGGING PATHS 7 5 10 6 2 1 7 5.4 0 COMMUNITY ROOM 12000 SFT 6 7 6 5 3 5 6 5.4 0 -- 3 MUNICIPAL GOLF COURSES 1 2 10 10 10 1 5 5.6 500,000 800,000 1,300,000 COM PK/BANDSHELL 1 3 10 10 2 8 10 6.3 100,000 250,000 350,000 �, CREEK CHANNEL PARKS 8 8 9 8 2 1 9 6.4 0 MUDDY-CRK/JOBGING PATHS b b 8 8 3 10 5 b.b 0 MUDDY CRK PK/BRIDLE PATHS 6 6 8 9 3 10 5 6.7 0 MUNICIPAL AUDITORIUM 7 6 10 8 10 6 3 7.1 0 REESE PROP PK/BASEBALL COMPLEX 10 9 4 5 4 10 9 7.3 0 BMSHM LAKE PK/FISHING LAKE 10 10 6 7 2 8 10 7.6 0 33 REESE PROP PK/PICNIC PLAY AREA 10 9 4 7 4 10 9 7.6 , 0 - BMIGHR LK PK/JOGGING & BIKE TRAILIO 10 6 7 2 9 10 7.7 BMGHM LK PK/PICNIC PLAY AREA 10 10 6 6 2 10 10 7.7 0 COMMUNITY ROOM 18000 SFT 8 9 9 7 4 10 8 7.9 0 COMMUNITY ROOM 25000 SFT 10 10 3 6 10 10 10 8.4 0 •) jn WATER GARDEN 10 7 10 9 10 4 10 8.6 0 COMMUNITY ROOM 20000 SFT 10 10 10 9 6 10 10 9.3 0 INDOOR SHOOTING RANGE 10 8 10 10 10 10 10 9.7 0 7,000 25,500 48,000 1,000,000 22,000 22,000 22,000 22,000 922,000 10,000 0 0 0 1,050,000 3,150,500 TO: MAYOR AND COUNCILMEMBERS FROM: JAMES JOHNSON, ACTING CITY MANAGER RE: AGENDA ITEMS, #14 AND #15 DATE: MAY 22, 1987 Item #14 - Street lighting in Kenningston Addition. Mrs. Vanessa Orr at 109 Windsor does not want a street light in front of her house. If the council remembers, additional street lighting was approved to be installed at city expense after several homeowners requested such lighting. Roy Faires will handle staff discussion of the issue. Item #15 - Gilbert Welch Presentation. Mr. Welch lives in the Wylie Ranch Estates and has, as well as others in the area, experienced water supply interruption problems this past week due to the city' s contractor' s work at the Nortex Pump/Storage site. The city' s contractor has been attempting to get the Nortex Station tied in directly with the city supply system while the instrumentation and other items are to be finished at the site. The problem has been that the blocking on the valve tying the station to the city' s system directly, has not hel'd on at least two occasions and he, Mr. Galvan, Myco Ready-Mix, Nortex Nursery and others have experienced periods of no waterwithout notification. -= /W7 ( 61,-) k6.,,ktr a(1 iti C-1(IA dti od6/Lui1/4-e_), 11/ 'AA) idaAKt Li5,1 hc/rkeki, , Li,4(0,,u., ,e6 a tu,a4aLcc___6)7I- AxLs/Le: (-(61(4-t &e 36' • To: Mayor & Councilmembers From: James Johnson, Acting City Mana Date: 5/22/87 Re: Agenda Items #18 & 19 Item #18 - Presentation by Mr. James Butts of Chamber Commerce for summer recreation program. Mr. Butts is going to make another app- roach to the Council on the proposed summer recreation program. I have attached a program funding sheet previously submitted by the Chamber. Hopefully by Tuesday evening, I will have your budget reports ready for the period ending 4/30/87 so can ascertain for yourself how limited city resources are. A proposed amended budget will also by shortly forthcoming as I have devoted much time lately to the Texas Water Commission and hope to get back to more normal duties. Item #19 - Newport Harbor - Water Line Funding - Funding For Project - Impact Fund - Funds Available - $237,106 (as of 5-22-87) - Estimated Costs of Projects - $58,000 - $62,000. 8" water line and booster pump with controls that will become part of new delivery point at Newport Harbor as proposed in the CH2M Hill report. Item discussed at May 21, 1987 meeting and tabled. The memo from that meeting is attached. Estimated time for new pump station and delivery point on line is in excess of 6 months time neccssitating action to get adequate water supply to subdivision under construction. is WYLIE SUMMER RECREATION PROGRAM } I Possible # of kids INCOME 4 Weeks 1 i Week 1 - 30 $300 Week 2 - 30 $300 Week 3 - 40 $400 Week 4 - 50 $500 Total income from $5 registration fees - $300 TOTAL INCOME - $1800 EXPENSES 4 Weeks One Coordinator ($8 p/hour, 6 weeks) $1920 Two Counselors ($4 p/hour, 4 weeks) $1280 Publicity $ 300 Arts & Crafts Supplies $ 400 Sports Equipment $ 200 Transportation (bus for field trips) $ 200 Portable Restrooms $ 150 Daily Movie Postage $ 30 Drinks & Ice $ 70 TOTAL $4550 Less Income $1800 Need to Raise - $2750 , The recreation program should be centered at the covered pavilion at the city park. A suggested age group is kids entering the 1st through 6th grades. Hours of operation should be 8 or 9 a.m. until 2 or 3 p.m. Each child should bring their own sack lunch every day, and we will provide the cold drinks. There are plenty of curriculum and activities ideas from other successful programs in our area. There is no doubt we can put on a very successful program, if we can secure financing. 1 f MEMORANDUM DATE: May 18. 1987 /) J TO: James Johnson. Interim City Manager FROM: Ron Homever, E. I . T. . Asst. City Engineer SUBJECT: Newport Harbor Water Needs The developer of the above referenced subdivision was promised by past staff members that there would not be any problem with supplying him water. The original commitment was to supply him water through a new delivery point oft of a NTMWD transmission line. The delivery point has been approved by the NTMWD board. but is still 3 to 4 months away from becoming a reality due to the engineering and construction which still needs to be completed. Because of the long time frame involved with the delivery point, the developer has requested that the City extend an 8-inch water line along FM 1•778 north from Lake Ranch Estates to his development site. This water line. in my opinion. will become a permanent part of the City 's distribution system: therefore, tnis appears to be a good investment for the City of Wylie. I have also had an inquiry from one of the property owners along this route for city water service. Estimated costs for line $48,000 -50,000 Estimated Booster Pump & Controls Costs $10,000-12,000 $58,000-62,000 This item is under discussion and analysis by CH2M Hill in their total scope of utility system needs for the city. • • TO: MAYOR AND COUNCILMEMBERS FROM: JAMES JOHNSON, ACTING CITY MANAGER RE: AGENDA ITEMS #20, #21, #22 ' DATE: MAY 22, 1987 Item #20 - CH2M Hill Engineering Report. Action on this report is necessary for the presentation by the City to the Texas Water Commission. Proposed staff meeting (see enclosed memo) for June 1, 1987, 2:00 p. m. at TWC in Austin on our proposed plan of improvements in response to their letter of May 6, 1987 and pending enforcement action. Item #21 - Funding for Proposal - Lanfill Improvment Fund. Original appropriation - $25, 000 Spending to date 2, 500 for Survey/Topo map of Lanfill Available Funds - $22, 5069 Staff recommends ATI Environmental Service, Inc. after considering several geo-tech proposals regarding closure of Wylie Sanitary Landfill. This geo-tech proposal/plan is necessary for the closure of the landfill and has to be completed before any equipment and dirt moving can be done on site. For the Council' s information, Larry Jackson, Tom Wills of ATI Environmental and myself, met with Texas Department of Health Officials on Wednesday, May 269, 1987 in Austin, regarding the Attorney General' s lawsuit against the city (filed last year) and their charges that barrels of hazardous waste were buried in 1977-78 at the landfill. W. A. Allen, P. W. Director at the time, has stated that those charges are not true. We gathered a great deal of information and copies of their records from the meeting. We agreed to meet state officials at the landfill site, so as to excavate several spots at the site to determine if the barrels are indeed there. They have a great deal of reports and sworn testimony to indicate that there are barrels at our site. They are slated to be here on June 8 & 9 for this site inspection/excavation. Mr. Jackson recommended we agree to this inspection. If there are barrels from Chemical Recyclers at the landfill, the costs of cleaning up the site may be substantial. If not, I expect that getting the dirt work and everything else done, will exceed our $25, 000 figure of working capital we received from the BFI settlement to close the site. Recent letters from the Department of Health and Attorney General are attached. Item #22 - This item goes with the Council ` s approval of the CH2M Hill report on a schedule of proposesd improvements. This authorization would allow a contract to be developed with North Texas Municipal Water District for contract bonds for the proposed improvements. There are other ways to finance these improvements, however, Mr. Frank Medanich of First Southwest, suggested this approach at last Thursday' s meeting. Mr. Medanich will be here to answer any questions. A ATI ENVIRONMENTAL SERVICES, INC. 2209 Wisconsin St., Suite 100 Dallas, Texas 75229 (214) 620-8913 May 14, 1987 City of Wylie Attention Mr. James Johnson 411 N. Ballard Wylie, TX 75098 Dear Mr. Johnson: PROPOSAL #58708 GEOTECHNICAL INVESTIGATION Wylie Sanitary Landfill We are pleased to submit the following proposal for a geotechnical investigation of the Wylie Sanitary Landfill . The purpose of the geotechnical investigation will be to provide information for use in closure of the landfill and for layout of equipment and design of a structurally sound foundation system for the new wastewater treatment system. This investigation will include the following: Establish the limits of fill material buried at the landfill . Determination of the subsurface soil , rock, and groundwater conditions on the site to a depth of 25 feet or at least 3 feet below the level of fill material . Determination of the engineering characteristics of the subsurface materials encountered. Provide data required for layout and design of the most suitable foundation system forthe wastewater treatment plant. Provide recommendations regarding earthwork, including grading and excavation, backfilling and compaction, the treatment of in-place soils for the support of foundations and possible construction problems. This scope of work is believed to be fully responsive to the commitment made by Mr. I. W. Stanley to the Texas Department of Health (TDH) . I suggest that a decision to proceed with this geotechnical investigation be deferred until after the meeting with the TDH schedule for May 20, 1987. We propose to investigate the subsurface fill soil and/or rock conditions at the site by drilling exploratory test borings. It is estimated that the necessary information will be provided by drilling 25 test borings to a depth of 25 feet. However, the number and depth of the test borings required to obtain the Environmental Engineering/Industrial Hygiene/Consulting f . ATI ENVIRONMENTAL SERVICES, INC. Page 2 necessart field data may vary depending on the actual soil and/or rock con- ditions encountered. If unusual subsurface conditions are encountered and alternate field work is indicated, we will consult with the client prior to demobilization from the site. The investigation will also include laboratory tests to determine the classification, gradation and other physical characteristics of the subsurface soils. Our laboratories are fully equipped with modern equipment for soil and rock testing and tests are performed by trained qualified technicians in compliance with the applicable specifications. Field exploration programs are conducted with drilling equipment operated by experienced and reliable drillers. All field and laboratory staff are supervised by professional engineers. The results of the field exploration and laboratory tests will be utilized in the engineering analysis and the formulation of our recommendations. The results of our investigation, including the substantiating data and our recommendations, will be presented in a written report prepared by a registered professional engineer. Our fees for the performance of the investigation on the site described will be: Mobilization $ 150 Drilling of Test Borings 25 borings x 25 ft = 625 x $8/ft $5,000 Laboratory Testing Percent Moisture 75 @ $ 4 = $300 Atterburgh Limits 10 @ $ 30 = 300 Permeability 2 @ $125 = 250 Consolidation 2 @ $230 = 460 SUBTOTAL $1,310 Engineering Analysis, Report and Recommendations Layout/Reconnaissance 5 hours @ $45 = $225 Logging 6 hours @ $45 = 270 Analysis/Report 7 hours @ $45 = 315 Review 2 hours @ $60 = 120 SUBTOTAL $ 930 TOTAL $7,390 /�ATI ENVIRONMENTAL SERVICES,INC. ATI ENVIRONMENTAL SERVICES, INC. Page 3 On the basis of these unit quantities, the cost of these engineering services is estimated to be $7,390. We guarantee not to exceed this figure without your prior approval . The above estimate is based on the owner providing suitable access and entry to test boring locations. Difficult moving or stand-by time in excess of one half hour, due to unusual site conditions, will be charged at a rate of $85 per hour. If this proposal is satisfactory, would you please sign the enclosed Proposal Acceptance and Sheet return it to us. We would proceed with the boring opera- tions within three (3) working days from your notification to proceed. A complete written report would be in the mail to you within ten (10) working days following completion of the boring operations. Payment will be due in Dallas, Texas, within ten (10) days of receipt of invoice. Interest will be added to delinquent accounts at a rate of 1.5 percent for each month of delinquency. Thank you for this opportunity to offer our services. We look forward to working with you on this project. Respectfully submitted, ATI VIRONMENTA ' SERVIC S, INC. / Thomas L. Wills President TLW/vlm Attachment: Proposal Acceptance Sheet 4 ATI ENVIRONMENTAL SERVICES,INC. ATI ENVIRONMENTAL SERVICES, INC. ("ATIE") PROPOSAL ACCEPTANCE SHEET Page 1 of 2 Date: MAY 14, 1987 ATIE Proposal No. 58708 Client: CITY OF WYLIE Description of Services: WYLIE SANITARY LANDFILL//GEOTECHNICAL INVESTIGATION Project Name: Location: Schedule: FOR PAYMENT OF INVOICES - Charge Invoice to the Account of: Firm: Address: Zip Code: Attention: Telephone: ( ) - Purchase Order No. : Issued By: PROPOSAL ACCEPTED BY: Signature Title Date PAYMENT TERMS: Payable Net 10 Days Upon Receipt of Invoice in Dallas, Texas. PROPERTY OWNER IDENTIFICATION (If Other Than Above) Name: Address: Zip Code: Attention: Telephone: ( ) - FOR APPROVAL OF INVOICES - Send Invoices To: Firm: Address: Zip Code: Attention: Telephone: ( ) - If the invoice is to be mailed for approval to someone other than the account charged, please indicate in the space above. Z 2/ Proposal Acceptance Sheet - ATIE Page 2 of 2 Invoices for completed work will be issued at the end of each month for con- tinuous or extended projects unless otherwise agreed. SPECIAL INSTRUCTIONS: • REPORT DISTRIBUTION # of Firm/Attention Street Address City State Zipcode copies Please note that ATIE reserves the right to withhold all reports until such time as we receive a signed Proposal Acceptance Sheet or other written authorization. Please return a completed copy of the Proposal Acceptance Sheet to insure correct billing and report distribution. c7. THOMAS L. WILLS, P. E. ATI Environmental Services, Inc. 2209 Wisconsin Street, Suite 100 Dallas, Texas 75229 W: (214) 620-8913 H: (817) 732-7374 EDUCATION: 1970 - Indiana State University, Terre Haute, IN B.A. Chemistry 1973 - Purdue University, West Lafayette, IN B.S. (Environmental ) Engineering GPA: 5.9 of 6.0, Graduated with Highest Distinction 1976 - Georgia Institute of Technology, Atlanta, GA M.S. Chemical Engineering GPA: 3.8 of 4.0 Thesis: "Absorption of SO2 by Water Drops During Condensation" Certificate of Proficiency in Air Pollution Control Technology 1985 - Southwestern Baptist Theological Seminary, Fort Worth, TX M.A. Religious Education GPA: 3.9 of 4.0 Registered professional engineer (PE) in the states of Texas, Indiana and California. Tau Beta Pi and Phi Kappa Phi honoraries. EXPERIENCE: Standard Oil Company of California, Richmond, CA August 1974 through March 1977 Research Engineer Designed a gas oil desulfurization unit; started up an American and a Japanese hydrotreater; started up two cat reformers; correlated pilot plant data; conducted process development and improvement studies; developed a computer model using Fortran on an IBM 370 which described the process kinetics, yields, and economics for proprietary Che.ron processes; optimized operating units in the LSFO Division of the Richmond Refinery. General Electric Company, Mt. Vernon, IN April 1977 through July 1981 Process Engineer Started up a $ 13 million UNOX wastewater treatment system; supervised nine operating and three maintenance technicians; conducted operator A ATI ENVIRONMENTAL SERVICES,INC. training; designed and constructed a DAF solids pretreatment system; obtained construction permits for plant expansion using an innovative "bubble" approach; installed an ambient air monitoring sta- tion; wrote the operating manual for a new phenol plant; specified and purchased a process control computer. Manager, Environmental Systems Environmental , Industrial Hygiene and Safety Manager for petrochemical and plastics plant employing over 1,200; supervised eight professionals and twenty technicians; controlled operating budgets of $ 3 million per year; had operating responsibility for the wastewater treatment system; obtained PSD permits for a major plant expansion; implemented hazardous waste management to comply with RCRA; defined closure requirements for an abandoned landfill ; developed a comprehensive site employee exposure monitoring program. Champlin Petroleum Company, Fort Worth, TX July 1981 through October 1983 Environmental Affairs Supervisor, Manufacturing and Marketing Directed environmental compliance programs for three petroleum refineries, one ethylene plant and a marketing operation; reviewed requests for capital funds for environmental impact; negotiated PSD and NPDES permits with regulatory authorities; resolved notices of violation and administrative orders without being fined; prepared testimony regarding new source review regulations in Los Angeles; developed a corporate environmental audit program; prepared an environmental risk assessment and cost estimate for the closure of a refinery; participated in the air regulations task group of the Chemical Manufacturers Association. TALEM Inc., Fort Worth, TX May 1984 through December 1986 Operations Manager Supervised ten chemists and laboratory technicians performing environ- mental chemistry and analyses; responsible for work scheduling in a resource limited environment; decentralized work planning to improve productivity; reorganized laboratory and field operations; upgraded quality control ; purchased operating supplies; demonstrated ability to meet expanded cash flow measurements. Project Manager Defined and developed a computer system to process laboratory data with a Wang VS minicomputer; conducted environmental assessments for industries; conducted a hazards review and obtained permits needed for a new semiconductor process using toxic arsine gas; wrote the closure plan for A ATI ENVIRONMENTAL SERVICES,INC. 1 hazardous waste site closures; supervised cleanup of cyanide contamination; solved effluent compliance problems for electroplaters; developed marketing plan for TALEM sales activities with engineering and consulting firms; prepared proposals and quotations; made sales calls on new and existing clients; implemented sales training for the account representatives; organized the consulting group after hiring additional professionals; devised a quality training plan using Philip Crosby Associates to improve quality throughout the company; and managed industrial hygiene activities. ATI Environmental Services, Inc. Dallas, TX December 1986 through the present President Founded ATI Environmental services to provide environmental engineering, industrial hygiene and consulting services. Responsible for business development, profitability, quality of work and motivation of employees. Consulting provided includes environmental management, RENT A PRO' services, asbestos services, industrial hygiene, geotechnical engineering, hazardous waste management, air pollution control , water pollution control , permit negotiation services, and municipal services. Conducted an industrial noise survey and presented testimony to the Arlington City Council ; conducted air monitoring to evaluate worker exposures; obtained pretreated permit for a significant industrial discharge; negotiated an exclusion from regulation as a waste for an industrial by-product; characterized and classified industrial solid wastes; conducted asbestos surveys of eight shopping malls totalling 4 million square feet; conducted a hazardous waste site assessment for a 50 acre park development; negotiated an industrial discharge permit and gave testimony at an administrative hearing; gave slide presentations regarding asbestos management procedures; conducted compliance moni- toring and flow measurement for categorical discharges. AFFILIATIONS: American Institute of Chemical Engineers American Industrial Hygiene Association National Asbestos Council Water Pollution Control Federation Air Pollution Control Association North Texas Hazardous Materials Association National Society of Professional Engineers CONTINUING EDUCATION: Supervisor Training Course, Ross and Associates, San Francisco, CA, September 1976. ATI ENVIRONMENTAL SERVICES,INC. Gam% Review for Professional Engineers Examination, Bechtel , Inc. , San Francisco, CA, November 1976. GE Effective Presentation Course, General Electric Co., Mt. Vernon, IN, September 1977. Boomarrang II , Bureau of National Affairs, Evansville, IN, May 1978. Interpersonal Communicators Workshop, General Electric Co. , Crotonville, NY, December 1978. Process Instrumentation and Control , Wylie Interscience, Houston, TX, May 1980. Management Practices Course, General Electric Co. , Crontonville, NY, May 1981. Non Manipulative Selling, TALEM, Inc., Fort Worth, TX, October 1986. Construction Specifications, University of Kansas National Asbestos Training Institute, San Antonio, TX, February 1987. EPA Underground Storage Tank Technical Training, Hunter Associates, Dallas, TX, March 1987. Supervision of Asbestos Abatement Projects, Georgia Tech Research Institute, Little Rock, AR, April 1987. Review for Certified Industrial Hygenist Exam, North Texas Section American Industrial Hygiene Association, Arlington, TX, May 1987. A ATI ENVIRONMENTAL SERVICES,INC. 9 . F.s r . 'P - t'-._.o •,till vemWMAt • Texas Department of Health Robert Bernstein,M.D., F.A.C.P. 1100 West-49th Street Robert A.MacLean,M.C.T.— Commissioner Austin,Texas 78756-3199 Deputy Commissioner (512)458-7111 Professional Services APR 1 7 1987 Hermas L.Miller Honorable John Akin Deputy Commissioner Mayor of Wylie Management and Administration P.O. Box 428 Wylie, Texas 75098 Subject: Solid Waste - Collin County City of Wylie - Permit No. 712 1.0 Mile SW of Wylie, S of SH-78 Dear Mayor Akin: The Department has received a letter dated April 1, 1987, from Mr. I. W. Santry, Jr. , P.E. , City Engineer, outlining the schedule for proper closure of the subject landfill. After a review of the closure schedule, the Department finds it acceptable and the City may proceed to implement the site closure in accordance with the schedule. However, the Department has information that some drums of industrial waste were deposited at this site which may or may not be hazardous waste. Therefore, the problem of determining if this drum waste is leaching and if the material is hazardous must be addressed in the groundwater monitoring program. Additionally, this waste as encountered will require special handling during the waste relocation operation you are proposing. Any such waste will require special disposal and this aspect must also be addressed in your closure plan. If you have any questions concerning this letter or if we may be of any assistance to you regarding solid waste management, you may contact Mr. Phil A. Spry, P.E. , of my staff in Austin at telephone number (512) 458-7271 or you may prefer to contact Mr. Irvin Turner, P.E. , Regional Director of Environmental and Consumer Health Protection at 2561 Matlock Road, Arlington, Texas 76015; telephone number (817) 460-3032. Sincerely yours, Rocky Stevens, P.E. , Chief 4I,Surveillance and Enforcement Branch Division of Solid Waste Management PAS:gsr cc: Region 5, TDH Collin County Health Department Wylie City Manager I BUDGET 7E736 I ANNUAL REPORT FOR IFEE FUND 129 1 • MIUNICIPAL SOLID WASTE FACILITIES 1 I I. Facility and Operation Information A. All Facilities 1. Permit/Application/Registration Number: 00712 2. Facility Type: I - Landfill • 3. Facility Operator: Not Applicable (Name) Cu ti - ~ (Address) (Zip) (Phone) 8 Z 4. Facility Owner: ••City.of':Wylie i (Name) m a. P.._Q._.. Box. 428. Wyl i_e. Zens _,75098. (21_4). 44?-2236. (Address) (Zip) (Phone) 5. Management Type: Not Applicable Q 6. Primary Jurisdiction Served: Not ApplirOlp c y a t •.• In 0 •-• 7. County: Collin 8. Pop./Pop. Equiv. Served: N/A '' 3 a d x w. x 9. Status of Operation (End of 1986) : Closed since May 1982 ro o B. Landfills E c >• ° •,o - 10. Gross Acres: 40 11. Total Usable Acres: 32 A = E a = 12. Acres Used to Date: 10 - 13. Usable Acres Remaining: 22 14. Average Depth of Fill (in Feet) : - 15. Expected Closure Date: Closed May 1982 (Year) (Month) II. Fee Information A. All Facilities 0 16. Tons of Waste Received/Processed in 1986: I Tons I 17. Amount of Fee for 1986: I $100.001 Check #: 1125 Check Amount: 100.00 18. Fee Schedule Used to Calculate Fee: Base Fee Only 19. Method Used to Record Waste Received in 1986. (Circle One) a. Weighed Vehicles/Waste b. Recorded Volume of Vehicles c. Calculated Volume d. Estimated - Utilizing Population ogN EY +TE'X a5. 'SIff E. ATT(N Ems' GENERAL OF I TEXAS JIm M ATTOX ATTORNEY GENERAL April 9 , 1987 Mr. Lawrence W. Jackson Attorney at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 Re: State of Texas v. City of Wylie, Permit No. 712 Dear Mr. Jackson: It is my understanding that your client, the City of Wylie, has begun the process of developing a closure plan for its land- fill site. Needless to say, my client, the Texas Department of Health, and I are quite pleased that some concrete action in that direction is finally taking place. However, there remains our major concern over the location of the paint solvent-filled barrels which we have discussed since I took over this lawsuit. This matter can be addressed by having the engineering company that will do the soil borings also do monitor well sampling and testing. We would request that any samples taken be split with the Department of Health laboratory for analysis. As you know, it is only through testing and analysis of the groundwater that we will be able to determine what danger, if any, these barrels pose. I have taken the liberty of enclosing a copy of the April 1, 1987 letter from Mr. Santry to Mr. Stevens, since it appears that you were not sent a copy. The closure scheduled as outlined in that letter is a tight one. It is important that we be kept apprised by our respective clients on the progress made and the laboratory results so that we can begin negotiating a settlement of this case. Since the possibility always exists that we might not be able to settle this matter, I would like the answers to the State' s First Set of Interrogatories by April 30, 1987. Z12/4 4:3-2100 SUPREME CO1'RT III'ILIDI\G Ai STIN, TEXAS 78711-254S 3 C2, Page 2. Mr. Lawrence W. Jackson April 9 , 1987 If you would like to discuss any of the issues which I have raised regarding the closure plan and settlement proceedings and the needed sampling for laboratory analysis, Mr. Rocky Stevens and I would be willing to meet with you on April 27 or April 30. Please call and let me know which date is more convenient for you. Sincerely, Socorro G. Arce Assistant Attorney General Environmental Protection Division P. 0. Box 12548 Austin, Texas 78711-2548 512/463-2012 SGA/bd cc: Rocky Stevens Bureau of Solid Waste Management Texas Department of Health I. W. Santry, Jr. , P.E. City Engineer Gus H. Pappas, City Manager essmarommosimarasassamorgaissmie No. ���0?�7-c-`1 ,------- STATE OF TEXAS, 5 IN THE DISTRICT COURT OF Plaintiff, § § VS. § COLLIN COUNTY, TEXAS CITY OF WYLIE, § Defendant. § C27&'k`JUDICIAL DISTRICT PLAINTIFF'S ORIGINAL PETITION TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW the State of Texas, by and through its Attorney General, Jim Mattox, on behalf of the people of Texas and the Texas Department of Health, an agency of the State, and for cause of action would respectfully show the Court the following : I . PLAINTIFF 1.1. Plaintiff, the State of Texas, is authorized to bring this suit through its Attorney General at the request of the Texas De- partment of Health (hereinafter known as "the Department") pursuant to the Texas Solid Waste Disposal Act, TEX.REV.CIV.STAT.ANN. art. 4477-7 (Vernon Supp. 1986) . This suit is brought seeking to enjoin certain unlawful acts of Defendant and to collect civil penalties for violations of the Act and the rules and regulations promulgated thereunder . No bond is required of the State of Texas prior to the granting of an injunction, pursuant to TE*.RF,4'V. IVi-lST T.ANN. art. 1 k 4 4477-7 , §8 (a) (6) (Vernon Supp. 1986) . 19 di o or other s'jun2s 10. 07 rt s't�/!^ F11 j'i=T c.F RtA n�LL1H G�r�" �r� Y' T re!AS �Ty