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02-23-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL FEBRUARY 23, 1993 7:00 P.M. MUNICIPAL COMPLEX CALL TO ORDER INVOCATION - Reverend Al Draper PLEDGE OF ALLEGIANCE CONSENT AGENDA 1 . Consider Approval of the Minutes of February 9, 1993 2. Consider Approval of an Ordinance,Authorizing a Change in Zoning from Agricultural to 11SF-1" Single Family Zoning a�J ld Classification on a Tract of Land Located in the Vicinity of McMillen Road and FM-1378 3. Consider Approval of a Resolution Declaring March 1 through March 5 as Public Schools Week PRESENTATION TO WYLIE I.S.D. OF PUBLIC SCHOOLS RESOLUTION ACTION ITEMS 4. Discuss and Consider Action Related to a Lone Star Rate d Increase Proposal 5. Discuss and Consider Action Related to a TU Electric Rate 0-0 Increase Proposal 6. Hear Report from Jim Smith of the Development Corporation of Wylie and Take Any Necessary Action 7. Discuss and Consider Approval of an Ordinance Amending Various Fees in the Wylie Code of Ordinances 8. Discuss and Consider Authorizing the City Manager to Execute n a Contract with Allen Weiss Enterprises for Concessions at /L (d� ito Community Park 9. Discuss and Consider Approval of an Ordinance Regulating 4 -I _ Sexually Oriented Businesses STAFF REPORTS 10. City Manager's Report 11. City Attorney's Report CITIZEN PARTICIPATION EXECUTIVE SESSION 12. Hold Executive Session Under Article 6252-17 V.A.C.S. to Discuss Personnel: Appointment of Election Judges Evaluation of City Attorney Evaluation of City Manager 13. Take Any Necessary Action as a Result of Executive Sessions Regarding Re: Appointment of Election Judges Evaluation of City Attorney Evaluation of City Manager ADJOURNMENT Posted this the 19th day of February, 1993 at 5:00 p.m. 1)-0-e-(L) Ma Nighols, CitySecretary rY City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 2/23/93 1 Minutes of February 9, 1993 SUMMARY OF SUBJECT: Attached are the minutes of your last meeting. You may approve them as submitted or with changes. ALTERNATIVES: Approve Minutes Approve Minutes with Corrections Table Minutes ACTION REQUESTED: REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: ' I SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. y CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • . DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MINUTES OF THE WYLIE CITY COUNCIL FEBRUARY 9, 1993 CALL TO ORDER 5 Mayor John Akin called the meeting to order with the following Councilmembers present: Jim Swartz, Reta Allen, Jay Davis, Ortie Messenger, Steve Wright, and Bud Naish. No Councilmembers were absent. 10 MINUTES OF JANUARY 14, JANUARY 23, AND JANUARY 26, 1993 Messenger made a motion to approve the minutes. Naish seconded the motion. The motion was voted on and passed unanimously. 15 APPOINTMENT WITH BETTY STEWART REGARDING INTENT TO INCREASE RATES FILED ON FEBRUARY 2, 1993 Council heard a report from Betty Stewart regarding Lone Star's proposed rate increases. Stewart stated that a rate increase had not been enacted since 1986 although 20 costs of operation had increased dramatically. She stated that the increase would generate $71,281 in revenue provided service levels did not change which would increase average summer household bills by approximately $3.20 and average winter household bills an estimated$2.65. Stewart outlined other proposed changes as follows; 25 1) a three step declining block rate for commercial customers 2) elimination of school rates 30 3) weather normalization adjustment clause Council heard additional comments from Ben Husson of the Economic Development Department at Lone Star regarding the weather normalization process. Council discussed available options and took no action on this item. 35 APPOINTMENT WITH DARRELL PRCIN, REPRESENTING TU ELECTRIC, REGARDING INTENT TO INCREASE RATES FILED ON JANUARY 22, 1993 Council heard a report from Darrell Prcin, who explained that since 1981, TU clientele had increased 30 percent and the proposed rate scheduled would provide an 40 additional 760 million dollars in revenue. He stated that reorganization, including the closing of the Wylie office, would save 116 million dollars. Council questioned Prcin regarding the rate structure, payment locations, and the rate suspension process. After Council discussion, no action was taken. 1 PUBLIC HEARING REGARDING REQUEST FROM SHOOTING STAR LAND 45 COMPANY FOR A CHANGE IN ZONING FROM AGRICULTURAL TO "SF-1" SINGLE FAMILY ON APPROXIMATELY 94 ACRES IN THE VICINITY OF MCMILLEN ROAD AND FM-1378 AND PRELIMINARY PLAT FOR MCMILLEN FARMS ADDITION Mayor Akin opened the public hearing and as there was no one present wanting 50 to address the issue, the public hearing was closed. Building Official Mike Schmidt explained the applicant's request and answered questions of Council. Davis made a motion to approve the zone change and the preliminary plat. Naish seconded the motion. The motion was voted on and passed unanimously. 55 PUBLIC HEARING AND ORDINANCE NO. 93-6 AMENDING THE COMPREHENSIVE ZONING ORDINANCE REGARDING HEIGHT REGULATIONS IN RESIDENTIAL DISTRICTS Mayor Akin opened the public hearing and as there was no one present wanting 60 to address this issue, the public hearing was closed. Mayor Akin read the ordinance caption. Wright made a motion to approve the ordinance. Naish seconded the motion. The motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTIONS 9.1, 10.2, 11.2, 65 12.2, AND 13.2 OF THE WYLIE ZONING ORDINANCE AS CODIFIED IN CHAPTER 12, SECTION 1 OF THE WYLIE CITY CODE, CONCERNING HEIGHT RESTRICTIONS IN SINGLE FAMILY RESIDENTIAL DISTRICTS SF-1, SF-2, SF-3, TWO FAMILY RESIDENTIAL (2-F) DISTRICTS, AND SINGLE FAMILY ATTACHED (SF-A) DISTRICTS, REPEALING ALL CONFLICTING CODE SECTIONS AND CONFLICTING ORDINANCES; CONTAINING A 70 SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE RESOLUTION NO. 93-3 CALLING THE 1993 MUNICIPAL ELECTION AND ESTABLISHING PROVISIONS RELATED TO THE CONDUCT OF THE ELECTION 75 Wright made a motion to approve the resolution. Naish seconded the motion. The motion was voted on and passed unanimously. ORDINANCE 93-7 AMENDING PRO-RATA REQUIREMENTS 80 Mayor Akin read the ordinance caption. Naish made a motion to approve the ordinance. Swartz seconded the motion. The motion was voted on and passed unanimously. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 11 OF CHAPTER 85 11 OF THE WYLIE CITY CODE PERTAINING TO THE ASSESSMENT, COLLECTION, AND DISTRIBUTION OF PRO-RATA CHARGES FOR WATER AND SANITARY SEWER MAINS, REPEALING ALL CONFLICTING ORDINANCE; CONTAINING A SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE 2 90 AWARD OF PROPOSAL FOR ENGINEERING SERVICES FOR PROPOSES NTMWD GRAVITY SEWER MAIN City Manager Steve Norwood recommended award of the proposal to the Hogan Corporation in the amount of$17,000. Norwood explained that the line would enable the 95 City to abandon the North Texas lift station and direct flow to the Rush Creek lift station. He noted that such abandonment would require an estimated $80,000 upgrade to the Rush Creek lift station. Council asked questions of Robert E. Hogan, president of Hogan Corporation, and Greg McLain, engineer with the firm. Davis made a motion to award the proposal to Hogan Corporation in the amount of $17,000 with the provision that 100 Hogan return to the City Council with a Rush Creek proposal and any change order beyond the $17,000. Wright seconded the motion. The motion was voted on and passed unanimously. ORDINANCE NO. 93-8 REGULATING THE DISPLAY OF SEXUALLY EXPLICIT 105 MATERIALS Mayor Akin read the ordinance caption. Wright made a motion to approve the ordinance. Allen seconded the motion. The motion was voted on and passed unanimously. 110 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE WYLIE CITY CODE BY ADDING A SECTION PROHIBITING THE DISPLAY OF SEXUALLY EXPLICIT MATERIALS TO MINORS, REPEALING ALL CONFLICTING ORDINANCES AND CODE SECTIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 115 ORDINANCE NO. 93-9 AMENDING ATHLETIC FIELD POLICIES Mayor Akin read the ordinance caption. Messenger made a motion to approve the ordinance. Naish seconded the motion. The motion was voted on and passed 120 unanimously. AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NO.91-2, RULES AND REGULATIONS, AMENDING RULES AND REGULATIONS FOR THE OPERATIONS OF THE CITY COMMUNITY PARK FACILITIES AND RECREATION AREAS; PROVIDING FOR THE 125 PARKS AND RECREATION DIRECTOR TO ADMINISTER THESE POLICIES; PROVIDING FOR FUTURE AMENDMENTS; PROVIDING FOR AN EFFECTIVE DATE REQUEST FROM WYLIE SPORTS ASSOCIATION FOR USE OF CITY PARK AREAS FOR OPENING DAY CEREMONY 130 Swartz made a motion to approve the request. Messenger seconded the motion. The motion was voted on and passed unanimously. 135 3 STAFF REPORTS City Manager Steve Norwood notified Council of the project completion of paving and drainage improvements on Birmingham and noted that April 17th would begin the 140 Wylie Clean-Up and Green-Up Program. Director of Finance Brady Sneligrove reviewed the financial reports and City Attorney Steve Deiter noted that the new court system was operational. CITIZEN PARTICIPATION 145 Tommy Pulliam, representing WSA, requested that Council consider waiving tournament fees for youth tournaments as they were not fund-raisers. EXECUTIVE SESSION 150 Council adjourned into Executive Session at 9:30 p.m. under Article 6252-17 V.A.C.S. to discuss personnel regarding appointments to boards and committees. Upon reconvening into regular session at 9:35 p.m., no action was taken. 155 ADJOURNMENT As there was no further business to come before Council for consideration, the meeting adjourned. 160 Mayor 165 Attest 4 MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Rezoning of McMillen Farms Property DATE: February 17, 1993 At the February 9, 1993 Council meeting the Council, following a public hearing on the issue, voted to approved a zoning change, from Agricultural to Single Family Residential SF-1, on a 93.827 acre tract commonly known a McMillen Farms and located at the Southwest corner of the intersection of McMillen Road and FM 1378. In order to making the change official the Council must now pass an Ordinance amending the existing zoning classification. I have prepared an amendatory Ordinance for Council's consideration and passage at its next meeting. The ordinance forwarded herewith if fairly straight forward and does not need much explanation, unless of course the Council has any question or concern over the same, in which case I would be glad to provide whatever information required. cc: Steve Norwood City of Wylie AGENDA COMMUNICATION SUBMITTEDBY: I FRAI DFPARTMFMT DIRECTOR: STFVFNI P ()FTTF . � P, DATE REFERENCE NO. SUBJECT rf 2-18-93 a CHANGE OF ZONING CLASSIFICATION FOR MCM LLEN FARMS SUMMARY OF SUBJECT: THIS PROPERTY IS LOCATED AT THE SW CORNER OF MC:MILLEN ROAD AND FM1378 AND IS BEING DEVELOPED INTO 10 ACRE TRACTS . INCIDENT TO THE PLATTING THE OWNERS REQUESTED CHANGE OF ZONING CLASSIFICATION FROM AGRICULTURAL TO RESIDENTIAL SF-1 . P&Z HAS RECOMMENDED THE CHANGE AND THE COUNCIL HAS .APPROVED IT AT ITS LAST MEETING . PASSAGE OF AN ORDINANCE IS NECESSARY TO EFFECTUATE THE CHANGE . ALTERNATIVES: 1) PASS ORDINANCE AS PROPOSED 2) PASS ORDINANCE WITH APPROPRIATE CORRECTIONS ACTION REQUESTED: ALTERNATIVE 1) PASSING ORDINANCE CHANGING ZONII!NG CLASSIFICATION ON MCMILLEN FARMS FROM AGRICULTURAL TO SINGLE FAMILY RESIDENTIAL SF-1 REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A '111'. 1 BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: I USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: PART OF AGENDA PACKETS XXX BACKGROUND MEMO xXx T'1INUTES LETTER C.I.P. XX ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES xx LEGAL REVIEWED BY: XXX CITY MANAGER DIRECTOR OF PARKS/REC. xx CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF xxpITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS X X APPROVED FOR SUBMISSION TO CITY COUNCIL _...&;1Z__ CITY MANAGER City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 2/23/93 3 Resolution Declaring Public Schools Week SUMMARY OF SUBJECT: This is a resolution that we approve every year supporting public schools week. Betty Stephens will be here Tuesday night with several students from each campus to receive a copy of the resolution. ALTERNATIVES: Approve the Resolution Deny the Resolution Table the Resolution ACTION REQUESTED: REVENUE SOURCES: EXPENDITURE ACCOUNTS: I BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL 0 OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 • $ CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: i SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. 1( ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF FINANCE DIRECTOR OF PARKS/REC. CITY SECRETARY DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL Lg-cie,OCc,.. i CITY MANAGER City of Wylie AGENDA COMMUNICATION pirr SUBMITTED BY: LEGAL DEPARTMENT STEVEN P . DEITE • l DIRECTOR: DATE REFERENCE NO. SUBJECT 2-18-93 1 REQUESTED RATE INCREASE/RESTRUCTURE LON STAR GAS SUMMARY OF SUBJECT: LONE STAR GAS HAS FILED A REQUEST TO RAISE AND RESTRUCTURE ITS RATES FOR NATURAL GAS SOLD IN THE CITY OF WYLIE . THE CHANGES WERE PRESENTED BY LONE STAR GAS REP B . J . STEWART AT THE LAST COUNCIL MEETING . COUNCIL HAS INDICATED ITS INTENT TO DENY THE REQUESTED INCREASE AND DIRECTED ME TO PREPARE A RESOLUTION DECLARING SUCH DISAPPROVAL . THE MATTER MAY BE APPEALED TO THE RAILROAD COMMISSION IF THE CITY DENIES THE INCREASE AND LONE STAR IS NOT SATISFIED ALTERNATIVES: 1 ) PASS RESOLUTION INDICATING OPPOSITION TO INCREASE 2) PASS ORDINANCE CONSENTING TO INCREASE 3) OTHER ACTION AS DEEMED APPROPRIATE BY COUNCIL ACTION REQUESTED: ASSUMING COUNCIL ' S INTENT IS TO DENY - - ALTERNATIVE 1) PASSAGE OF R7_(; 11_- UTION OPPOSING THE INCREASE REVENUE SOURCES: EXPENDITURE ACCOUNTS: IF INLCREASF TS Al I ( WFn THE CTTY ' S ELPF\IINrS FROM TTS FRANfHTSF FFFS Wnill n TN1RFASF PROPORTIONATFI Y BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: XXX BACKGROUND MEMO MINUTES LETTER C.I.P. x x X ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES XXX LEGAL REVIEWED BY: XX CITY MANAGER DIRECTOR OF PARKS/REC. XX CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF XXX CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY ANAGER MEMORANDUM TO: City Council FROM: Steve Deiter SUBJECT: Lone Star Gas - Pro d Rate Increase DATE: February 17, 1993 In accordance with the direction of the Council I have prepared and forward herewith a Resolution for the Council's consideration regarding the Lone Star increase. The resolution states the City's opposition to the increase and further gives the reasons for the opposition. The reasons stated are those idnetified by the Council at last night's work session. If the reasons are in any way inaccurate, or if you desire further expression of the councils position on this issue, please advise. I did not include any reference to their paying a low franchise fee of 3%. If the franchise fee was at 5% the City itself would be receiving more income but the customers would be paying the additional 2%. Since the tenor of the Resolution and the Council's opposition is to prevent further increases to the customers referencing the low franchise fee as a reason for denial may not be congruous with the rest of the resolution. Nonetheless if the Council desires to state the low franchise fee as a reason I will gladly change the Resolution to reflect this position. As I am writing this memorandum the staff has not contacted B. J. Stewart concerning possible compromises. In the event such a compromise could be worked out before the meeting the proposed resolution may not be desired. Lone Star's request is for the Council to pass an Ordinance approving the rate change. I am forwarding a copy of the proposed Ordinance for your review, as the same would need to be passed if a compromise was reached prior to Tuesday's Council meeting. Should any of you have any question on this matter please do not hesitate to contact me at your convenience. cc: Steve Norwood RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DECLARING THE CITY'S OPPOSITION TO THE PROPOSED RATE INCREASE AND CHANGED RATE SCHEDULES AS REQUESTED BY LONE STAR GAS COMPANY. WHEREAS, on February 2, 1993 Lone Star Gas Company (Lone Star), a franchised provider of natural gas services within the City of Wylie, filed a Statement of Intent to change the rates charged for natural gas service in the City of Wylie; and, WHEREAS, the Statement of Intent contained an attachment detailing the proposed rate changes; and, WHEREAS, City Council has reviewed the proposed rate changes and determined that the same are not justified, nor equitable, for the following reasons: a) Part of the reason given for the increase is to pay for capital improvements to the system and the Council is unaware of any significant capital improvements made to the gas distribution system within the last five years, b) The minimum monthly charge of $8.00 is too high for most customers whose only gas usage in the summer months will be that of a hot water heater, c) The proposed weather normalization adjustment clause has the effect of customers paying for gas they do not use, thereby effectively guarantying a level of profit for Lone Star, which the Council believes is inequitable notwithstanding the fact that such overcharge will later be credited to the customer, d) The proposed weather normalization adjustment clause has the further effect of complicating the billing statement, to the confusion and detriment of the average customer, who should be charged for what they used without application of formulas such as the weather normalization adjustment, and therefore should not be imposed upon the Lone Star customers in the City of Wylie; and, WHEREAS, Lone Star has proffered an ordinance which fixes and determines the general service rate for sales of natural gas within the City in accordance with the proposed rate changes, which the City Council, for the reasons hereinabove stated, is opposed to adopting; and, WHEREAS, the City Council desires to express its disapproval of the proposed rate increases by means of formal written document which may later be forwarded to the Railroad Commission, in the event Lone Star appeals its requested rate proposal to said body; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That for the above stated reasons the City of Wylie, Texas opposes and declines to approve the rate changes for natural gas service in the City of Wylie, as proposed and detailed in a Statement of Intent filed with the City on the 2nd day of February, 1993. SECTION II This Resolution may be relied upon by any regulatory body or committee having jurisdiction of natural gas rates within the City of Wylie, as the City's official position in opposition to the proposed rate increase. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this 23rd day of February, 1993. John W. Akin Mayor Attest: Mary Nichols City Secretary ORDINANCE NO. AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS: PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHANGED, ADJUSTED, AND AMENDED; APPROVING THE ELIMINATION OF THE RATE SCHEDULES FOR PUBLIC FREE SCHOOLS-N AND THE COMMERCIAL CONTRACT PUBLIC SCHOOL RATE; PROVIDING FOR A WEATHER NORMALIZATION ADJUSTMENT; PROVIDING FOR A TAX ADJUSTMENT; PROVIDING FOR A SCHEDULE OF SERVICE CHARGES; AND PROVIDING FOR THE RECOVERY OF ANY CURRENT OR UNRECOVERED PRIOR RATE CASE EXPENSE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Subject to the following provisos, effective with gas bills rendered on and after thirty (30) days from final date of passage of this ordinance, the maximum general service rate for sales of natural gas rendered to residential and commercial consumers within the City limits of Wylie, Texas by Lone Star Gas Company, a division of ENSERCH Corporation, a Texas corporation, its successors and assigns, is hereby fixed and determined as set forth in Item A, in the Attachment hereto which is incorporated herein. This ordinance also approves the elimination of the Rate Schedule for Public Free Schools-N and the Commercial Contract Public School Rate and placement of those customers receiving said rate on the commercial rate set forth in Item A in the attachment hereto. PROVISO NO. (1) : If this ordinance is finally passed and approved before the effective date stated in the Statement of Intent the new rates shall be effective with gas bills rendered on and after thirty (30) days from the final date of passage of this ordinance for the good cause of reducing regulatory lag. PROVISO NO. (2) : If this ordinance is finally passed and approved after a period of suspension, the new rates shall be billable immediately in order to reduce regulatory lag. This provision is an exercise of the regulatory authority's discretion to establish the effective date of rates at anytime after jurisdiction attached, and its authority pursuant to state law to establish rates for any period of suspension. Section 2 . The residential and commercial rates set forth above shall be adjusted upward or downward from a base of $4 . 0200 per Mcf by a Gas Cost Adjustment Factor expressed as an amount per thousand cubic feet (Mcf) of natural gas for changes in the intercompany city gate rate charged as authorized by the Railroad Commission of Texas or other regulatory body having jurisdiction for gas delivered to the Wylie distribution system, according to Item B, in the Attachment hereto which is incorporated herein. SECTION 3 . Company shall also apply a Weather Normalization Adjustment according to Item C, in the Attachment hereto which is incorporated herein. SECTION 4. Company shall also receive tax adjustments according to Item D, in the Attachment hereto which is incorporated herein. SECTION 5. In addition to the aforesaid rates, Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations in effect. The charges set forth in Items E and F, in the attachment hereto which is incorporated herein, are approved. Services for which no charge is set out may be performed and charged for by Company at a level established by the normal forces of competition. SECTION 6. In addition to the aforesaid rates, Company is authorized to recover the current and any unrecovered prior rate case expense through a surcharge designed for a six-month nominal recovery period. The surcharge per Mcf will be calculated by dividing the rate case expense to be recovered by one-half of the adjusted annual sales volume to residential and commercial customers. The Company will provide monthly status reports to account for the collections. SECTION 7. The rates set forth in this ordinance may be changed and amended by either the City or Company in the manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file in the Company's office. SECTION 8. It is hereby found and determined that said meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. PASSED AND APPROVED on this the day of , A.D. 19 . ATTEST: Secretary Mayor City of Wylie, Texas STATE OF TEXAS () () COUNTY OF COLLIN () Secretary of the City of Wylie, Collin County, Texas hereby certify that the above and foregoing is a true and correct copy of an ordinance passed and approved by the City Council of the City of Wylie at a session held on day of , 19 , as it appears of record in the Minutes of said City Council in Book , page WITNESS MY HAND AND SEAL OF SAID CITY, this the day of , A.D. 19_ SECRETARY Wylie, Texas ATTACHMENT TO ORDINANCE NO. CITY OF WYLIE, TEXAS LONE STAR GAS COMPANY TARIFFS & SCHEDULES ITEM A. RATES The following rates are the maximum applicable to residential and commercial consumers per meter per month or for any part of a month for which gas service is available at the same location. Residential: Customer Charge $8 . 0000 All Consumption @ 5. 0632 Per Mcf If the service period is less than 28 days in a month, the customer charge is $. 2857 times the number of days service. commercial: Customer Charge $14 . 0000 First 20 Mcf @ 5. 0795 Per Mcf Next 30 Mcf @ 4 .7795 Per Mcf Over 50 Mcf @ 4 . 6295 Per Mcf If the service period is less than 28 days in a month, the customer charge is $.5000 times the number of days service. Bills are due and payable when rendered and must be paid within ten days from monthly billing date. Residential Off-Peak Sales Discount: An off-peak sales discount of $. 25 per Mcf will apply to residential customers' volume purchased in excess of 8 Mcf for each of the billing months May through October. ITEM B. GAS COST ADJUSTMENT Each monthly bill at the above rates shall be adjusted for gas cost as follows: (1) The city gate rate increase or decrease applicable to current billing month residential and commercial sales shall be estimated to the nearest $0. 0001 per Mcf based upon: (a) A volume factor of 1. 0356 determined in establishing the above rates for the distribution system as the ratio of adjusted purchased volumes divided by the adjusted sales volumes. (b) The city gate rate estimated to be applicable to volumes purchased during the current calendar month, expressed to the nearest $0. 0001 per Mcf (shown below as "Re") . (c) The base city gate rate of $4 . 0200 per Mcf. (2) Correction of the estimated adjustment determined by Item B (1) above shall be included as part of the adjustment for the second following billing month. The correcting factor (shown below as "C") shall be expressed to the nearest $0. 0001 per Mcf based upon: (a) The corrected adjustment amount based upon the actual city gate rate, less (b) The estimated adjustment amount billed under Item B (1) above, divided by (c) Distribution system residential and commercial sales Mcf recorded on the Company's books during the prior year for the month that the correction is included as part of the adjustment. (3) The adjustment determined by Item B (1) and Item B (2) above shall be multiplied by a tax factor of 1. 04217 to include street and alley rental and state occupation tax due to increasing Company revenues under this gas cost adjustment provision. In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0. 0001 per Mcf by Item B (1) , Item B (2) and Item B (3) as follows: GCA = [Item B (1) + Item B (2) ] X Item B (3) GCA = [ (1. 0356) (Re - $4 . 0200) + C] X 1. 04217 ITEM C. WEATHER NORMALIZATION ADJUSTMENT Effective with bills rendered during the October 1993 through April 1994 billing months and annually thereafter for the October through April billing months, the above residential and commercial consumption rates for gas service shall be subject to a weather normalization adjustment to reflect the impact of monthly variation in the actual number of heating degree days from the normal level of heating degree days during the preceding billing months of October through April. The weather normalization adjustment will be implemented on a per Mcf basis. The adjustment will be determined separately for residential and commercial customers based on heating degree data recorded by the McKinney, Texas weather station. The dollars of margin over-collected or under-collected due to temperature variations will be calculated each month during the October through April billing months according to the following formula: AHL M = (ADD) (NDD-ADD) (TM) (AC) Where: M = Margin dollars over-collected or under- collected due to weather AHL = Actual heating load per customer ADD = Actual heating degree days NDD = Normal heating degree days included in the determination of the above rates TM = Tail-block margin per Mcf in the above rates AC = Actual number of customers billed The monthly over-recoveries and under-recoveries will be accumulated during the October through April billing months to determine the net margin dollars subject to the weather normalization adjustment. The weather normalization adjustment, to be implemented on a per Mcf basis over the succeeding October through April billing months, is calculated according to the following formula: WNA = 11'N�PM PV Where: WNA = Weather normalization adjustment NM = Net margin dollars during the preceding October through April billing months over- recovered or under-recovered due to temperature variations from normal. PM = Amount over-recovered or under-recovered through the operations of the WNA during the preceding October through April billing months. PV = Projected level of sales volume during the October through April billing months to which the WNA is to be applied. The projected level of sales volume will be the actual level during the preceding October through April billing months. The weather normalization adjustment will •be calculated to the nearest $. 0001 per Mcf and will be applied through the gas cost adjustment. The weather normalization adjustment will be removed if the pass-through or recovery of the targeted level of margin dollars is achieved prior to the passage of the full October through April billing period. ITEM D. TAX ADJUSTMENT The tax adjustment shall be an amount equivalent to the proportionate part of any new tax, or any tax increase or decrease, or any increase or decrease of any other governmental imposition, rental fee or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to July 1, 1992 upon or allocable to the Company's distribution operations, by any new or amended law, ordinance or contract. ITEM E. SCHEDULE OF SERVICE CHARGES (1) INAUGURATION OF SERVICE In addition to the charges and rates set out above, the Company shall charge and collect the sum of: Schedule Charge 8 A.M. to 5 P.M. Monday through Friday $ 27.50 5 P.M. to 8 A.M. Monday through Friday $ 41. 25 Saturdays, Sundays and Holidays $ 41.25 For each inauguration or reinauguration of gas service, where service has been discontinued at the same premises for any reason, with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes (b) For the first occupant of the premises (c) Whenever gas service has been temporarily interrupted because of system outage, service work or appliance installation done by Company; or (d) For any reason deemed necessary for Company operations. (2) RETURNED CHECK CHARGE A return check handling charge of $13 . 75 is made for each check returned to the Company for reasons of non- sufficient funds, account closed, payment withheld, invalid signature, or improper preparation. (3) COLLECTION CHARGE A charge of $9.50 shall be made for each instance when it is necessary for a company employee to go to a customer's residence or place of business in order to collect amounts owed the Company for gas service previously rendered. This charge shall not apply if service is terminated at the time of the collection action. This charge shall apply to only one trip on the same amount owed. ITEM F. MAIN LINE EXTENSION RATE The charge for extending mains beyond the free limit established by Lone Star Gas Company, or any free limit established by franchise, for bona fide residential customers shall be the lesser of: (a) the system-wide average cost of construction, including all overheads, for the prior fiscal year or (b) the adjusted actual cost as determined by applying the latest Handy-Whitman Index to the 1975 actual base cost of $2 . 94 . A bona fide residential customer uses gas for heating and water heating, or the equivalent load thereof, at a minimum. Residential customers other than bona fide residential customers shall pay actual cost for main line extensions beyond the free limit. The Company shall file the calculation of such charge with the City as soon as sufficient data is available each fiscal year. Extension to commercial and industrial customers shall be based on actual cost per foot. City of Wylie AGENDA COMMUNICATION 9� ��SUBMITTED BY: I FOAI DFPARTMFNT DIRECTOR: STFVFNI P . nFTTFP ` DATE REFERENCE NO. SUBJECT 2-18-93 CONSIDERATION OF RATE INCREASE FOR TU ELECTRIC SUMMARY OF SUBJECT: TU ELECTRIC HAS FILED A REQUEST FOR AN INCREASE OF ITS ELECTRIC RATES BY 15 . 32% . COUNCIL HAS CHOICE OF ACCEPTING RATE INCREASE OR OPPOSING IT . EVENTUALLY PUC WILL DECIDE WHAT THE RATES WILL BE AND THE CITY, WILL THEN BE BOUND BY THE PUC DECISION DARRELL PRCIM WILL BE PRESENT AT THE MEETING TO ANSWER QUESTIONS . BASED UPON COUNCIL ' S STATED INTENTIONS I HAVE PREPARED AN ORDINANCE FOR COUNCIL ' S CONSIDERATION WHICH DENIES THE REQUESTED INCREASE ALTERNATIVES: 1 ) PASS ORDINANCE DENYING THE REQUESTED RATE INCREASE 2) PASS ORDINANCE AGREEING TO REQUESTED INCREASE 3) PASS RESOLUTION DELAYING WYLIE ' S DECISION FOR 90 DAYS (SUSPENSION) ACTION REQUESTED: ALTERNATIVE 1 ) PASSAGE OF ORDINANCE DENYING RATE INCREASE REVENUE SOURCES: EXPENDITURE ACCOUNTS: CITY ' S FRANCHISE FEE WILL BE INCREASED TO EXTENT OF INCREASE N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: XX BACKGROUND MEMO xx MINUTES LETTER C.I.P. X X X ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES XXX LEGAL REVIEWED BY: XX CITY MANAGER DIRECTOR OF PARKS/REC. XX CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF X x x CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL Ce( a - ITY MANAGER MEMORANDUM TO: City Council 72:711.1.1111H; FROM: Steve DeiterSUBJECT: TU Electric Rate In. DATE: February 17, 1993 At last night's work session the Council expressed its intent to deny TU's requested rate increase. I have prepared, from a form provided by TU, and forward herewith an ordinance for Council's consideration and passage at the February 23, 1993 Council meeting. If the Ordinance appears to be in accordance with the Council's position it should be passed at the meeting. It is important for the Council to take some action at this next meeting as it only has 35 days from the filing (January 22, 1993) to act to avoid the effect of suspending further action on the rate increase for an additonal 90 days, which would not appear to be in the best interest of either party. The practical effect of passing a "denial" ordinance is that the request will be taken up by the Public Utilities Commission (PUC) who will then decide what the increase, if any, will be. The City will bound by the PUC decision, regardless of whether the Council approve or deny the request at this time. Likewise, the City may participate in the proceedings before the PUC (if it desires to do so) regardless of whether it denies or approves the increase. TU provided four possible ordinances for the City to consider and pass regarding the proposal. In addition to the one forward the ordinances proposed are as follows: a) One which went approved the rate increase and went along with anything the PUC might determine b) One which waives the City's jurisdiction in this and future electric rate cases and gives the PUC original jurisdiction (therefore in future cases TU would not have to come before the governing body but go directly to the PUC) c) One which denies the increase not because the City is actually against it but because it would be too expensive to do a study to ascertain sufficient facts and information with which the City may base on opinion of approval or opposition If the Council has any interest in considering any of these other possible ordinances please advise and I will forward a copy of the one(s) which you would like to consider. I have not forwarded all ordinances herewith as I understand the Council's position to be clearly in favor of the denial and therefore did not burden the packets with three additional ordinances of no interest to the Council. Darrell Prcim will be at the meeting to answer further questions which the Council may have. cc: Steve Norwood City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 2/23/93 6 Report from Jim Smith, Development Corporation of Wylie SUMMARY OF SUBJECT: Attached is the annual report from the Development Corporation and a memorandum from Charlie Womack. While we don't anticipate an Council action being required, the agenda is worded so that Council may take any action deemed necessary at the conclusion of the report. ALTERNATIVES: ACTION REQUESTED: REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S OVER/UNDER PROJECTIONS BY: PERSONNEL ❑ OPERATIONS 0 ONE-TIME 0 S CAPITAL 0 RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER ORDINANCE/RESOLUTION OTHER C.I.P. BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: x CITY MANAGER DIRECTOR OF PARKS/REC. ^ CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL TY MANAGER DEVELOPMENT CORPORATION OF WYLIE P. O. Box 1467 (214) 442-7901 Wylie, TX 75098 C. C. WOMACK Executive Director February 18, 1993 Mr. Steve Norwood, City Manager City of Wylie P.O. Box 428 Wylie, TX 75098 Dear Steve: You will find enclosed, for your perusal, our 1992 Annual Financial and Activity Report. Also enclosed are additional copies to be distributed to members of the Wylie City Council. Steve, it would be appreciated if you would place Mr. Jim Smith, President of the Development Corporation, on the agenda for the next City Council meeting scheduled for Tuesday, February 23, 1993. Mr. Smith will be happy to answer any questions regarding these reports or will comment on any inquiry regarding current activities of the Corporation. Sincerely, C. Womack Executive Director CW/mf Enclosures ANNUAL REPORT INCOME: Sales Tax Revenue $188 , 334 Interest Earned 9 , 172 Other Fees 1, 200 TOTAL REVENUE $198, 706 EXPENSES: Accounting $ 1, 015 Advertising (Chamber of Commerce) 14 , 478 Cash Grants 29 , 000 Escrow Deposit 1, 750 Federal #941 Tax Payments 2 , 502 Insurance 2 , 267 Miscellaneous 2 , 686 Furniture and Equipment 3 , 380 Remodeling Office Space 2 , 774 Petty Cash Deposits 902 Salaries 16, 000 Travel (Linda Hamar to California) 2 , 000 Video Promoting Wylie 10, 700 TOTAL EXPENSES $ 89, 454 • ACTIVITIES AND CURRENT STATUS REPORT 1. Mr. Michael Fornero, President, .Tohnston's Inc. Introduced Mr. Earl Whatley and Karl M. Cates. Both were brokers and claimed they needed 15,000 sq. ft. for an unnamed client. Two subsequent meetings with same individuals produced no results. 2. Mr. Cooper and Steve Phieffer Several meetings with Mr. Cooper and Steve Phieffer. Looked at several industrial locations. They claimed they needed 12-15 acres to build a van conversion and plastic molding facility. Negotiations have been suspended until adequate biographical, marketing, and financial information is submitted with a formal assistance request. 3. Harold F. Smith - R & D Aeronautical Engineering Co., Inc. . A local company was purchasing the assets of a Florida company and planned to move the operations to a Wylie location. A cash grant totaling $75,000 was requested. The request was denied until supporting financial data was furnished to support the consideration of a cash grant. There is no current dialogue regarding this request. 4. N.T., Inc. This company was seeking to relocate in the metroplex. Their financial and industrial space requirements exceeded the current ability of the City or the Corporation to meet their needs. 5. Andacor, Inc. Investment company located in Plano. The president, Mr. David Chiu, claimed to represent a company domiciled in Hong Kong, China. The company was interested in making an investment in the metroplex area. Two subsequent telephone conversations produced no tangible results. 6. Terry Mulholland d/b/a Innovative Manufacturing Co. This was a non-operating company that was trying to finance and open a factory to build modular homes. Their financial and space needs exceeded our ability to supply. All negotiations were discontinued because their needs far exceeded the company's financial and operating history could justify further consideration. 2 7. Metrocast, Inc. A Garland company that wanted to move provided a loan could be secured from a local bank. The bank negotiated with the principals for several months. Personal visits were made to their Garland location. The bank agreed to finance the purchase of Tarrant Plumbing building provided they could arrange for the down payment. Negotiations were in progress for the Corporation to supply the down payment, but for some unknown reason they decided to stay in their current facility. 8. Golden Pickle, Inc. This is an old company domiciled in west Dallas. They needed to expand their capacity and the present location prohibited any expansion of their facilities. They had been negotiating with Garland officials for several months, and they began to believe their company was not wanted in that community. We visited with the principal owner several times, and he assured us Wylie would be his next choice if Garland declined their building request. Garland eventually approved their plans after the City sold them the building site. 9. Master Brake Systems, Inc. This is a company that is located in Dallas. The company has a need to expand their manufacturing facility. Their location prohibited any expansion. They decided the Tarrant Plumbing building would meet their immediate and future needs. The Corporation agreed to finance the down payment should the company be successful in purchasing the building at a public auction. They submitted the successful bid and all arrangements were to complete the move. When time came to close the real estate purchase, management decided for some reason to discontinue their decision to move. No future negotiations are anticipated. 10. Bethany Manufacturing Corporation This company is located in Garland. They operate a custom machine shop which includes complete fabrication and prototype productions. They need to expand, but their present location prohibits enlarging their facilities. They requested time to study their future needs before making a request for financial assistance. Apparently they decided to withdraw any expansion plans due to the reduction of expenses mandated by the Defense Department. We plan to continue a follow-up program until it is decided they are no longer a viable candidate. 11. Physician's Regional Hospital The hospital was experiencing a serious cash flow condition because of loss revenue when they closed their alcohol and drug abuse unit. After lengthy discussions, it was decided in order to assure a hospital facility in Wylie, The Corporation agreed to guarantee a$120,000 3 loan obtained from Provident Bank, Wylie. Many subsequent hours have been spent monitoring the progress being made by the hospital to become profitable and being able to service their existing obligations. 12. Robert Arden d/b/a Maria's Restaurant Mr. Arden had entered into a contract to purchase the property where the restaurant is located. He had made arrangements with a lender to finance 80% of the purchase price. The Corporation agreed to take a second lien position on the property and supply the 20% down payment requirement. Subsequent financial problems encountered by the borrower required the Corporation to cancel their commitment. 13. Art Criscuoloa - Crane Safety and Maintenance, Inc. • The property where the company is domiciled was offered a sealed bid sale by the FDIC. The former owner asked the Corporation to submit a bid, and if we were the successful, they would execute a land lease with an option to buy. A bid of $35,010 was submitted, but all bids were rejected by the FDIC. Mr. Criscuolo believes the FDIC will offer the property again for sale, and he will ask us to participate in the possible purchase of the land. 14. Major Prospect Discussions with a major employer has been in progress for several weeks. Principal officers have seen possible building sites and have made a video of each property. We have furnished maps and a video of Wylie that is being sent to their Florida corporate office. We have also submitted a preliminary commitment letter regarding some possible financial incentives that might be available should they decide to relocate in Wylie. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: COMMUNITY SERVICES DIRECTOR: BILL NELSON DATE REFERENCE NO. SUBJECT 2/16/93 p COMMUNITY PARK CONCESSION STAND LEASE SUMMARY OF SUBJECT: Allen Weiss Enterprises has successfully operated the concession stand at Community Park during 1991-1992. Since the Community Services Department has been pleased with their operation, we proposed to Mr. Weiss that a longer term agreement might be in order. Mr. Weiss responded (see attached proposal) and we responded (see attached counter proposal). Mr. Weiss has verbally accepted our counter proposal. ALTERNATIVES: 1.) Accept - Three (3) year contract with 21% of the gross sales proceeds, after sales tax are deducted, going to the City of Wylie. Sales prices cannot increase more than ten percent (10%) in the second and third years combined. Should the cost of product increase substantially, Allen Weiss Enterprises has the right to go before Mr. Nelson and the City Council to request permission for a price increase. Five hundred dollars ($500.00) per years 1 - 3 be spent on improvements and/or maintenance at concession stand. 2.) Deny - Alternative #1. ACTION REQUESTED: 1.) Approve Alternative #1. REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES X LETTER C.I.P. ORDINANCE/RESOLUTION X OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: X CITY MANAGER X DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL ITY MANAGER Allan Weiss Enterprises 4266915 P. 02 ALLAN• WEISS ENTERPRISES _ Y_.— CONCESSIONS&CATERING February 16, 1993 Mr. Bill Nelson, Director Community Services City of Wylie P. C. Box 428 Wylie, Texas 75098 Dear Mr. Nelson: we would agree to operate the concession stand at Community Park for the City of Wylie on a three ( 3) year contract. Twenty-one percent (21 %) of the gross sales proceeds after sales tax is deducted, would go to the City of Wylie. The sales prices of the items sold would not increase more than ten percent ( 10% ) in the second and third years combined. However, should the cost of product increase substantially, we would like the right to go before Mr. Nelson and the City Council to request permission for a price increase. We agree to contribute $300. 00 in years one through three to be spent on improvements and/or maintenance of the concession stand. . We will also give the baseball league $200.00 per year to help promote tournament play. If the City Council elects to drop fees for tournament play, we will give this $200. 00 to Parks and Recreation to also be used on improvements to the concession stand. Yours very truly, ALLAN WEISS ENTERPRISES, INC. Allan Weiss AW:jt ie CITY OF VVYLIE 2000 HWY.78N. -P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 • FAX 442-4302 February 18, 1993 Mr. Allen Weiss Allen Weiss Enterprises P.O. Box 15009 Dallas, Texas 75315 Dear Mr. Weiss: This letter is in response to your contract proposal for operating the concession stand at Community Park for the City of Wylie. The City of Wylie agrees to a three (3) year contract with twenty-one percent (21%) of the gross sales proceeds after sales tax are deducted, going to the City of Wylie. In addition, the sales prices of the items sold cannot increase more than ten percent (10%) in the second and third years combined. Should the cost of product increase substantially, you have the right to go before Mr. Nelson and the City Council to request permission for a price increase. In regard to your offer of five hundred dollars ($500.00) to the concession stand and tournament play in years 1 - 3, we prefer that all the money be spent on improvements and/or maintenance at the concession stand. This item can be put on the February 23, 1993 City Council Agenda and must be approved by them. Please respond so that the City Council can act on this item. Sincerely, Bill Nelson Director Community Services cc: Steve Norwood City Council MEMORANDUM DATE : February 3, 1992 TO : Carolyn Jones , Acting City Manager FROM: Bill Nelson , Park and Recreation Director Z 14 RE : Concession Stand at Community Park In March of 1991 , the city sought proposals for Concessionaire Services at Community Park. This proposal stated that the contract would commence on or about April 1 , 1991 and continue for a twelve ( 12) month period , with an option to renew at the discretion of the City . In April of 1991 , a lease/contract was signed between the City and Allen Weiss Enterprises . The lease commenced on April 1 , 1991 and terminated on December 31 , 1991 . Even though the time frame of the lease/contract probably takes precedent over the proposal dates , the fact is the City needs a new lease/contract for a concessionaire for the upcoming year . Below is listed the menu and prices for 1991 : Hamburger $ 1 . 75 Cheeseburger $2 . 00 Nachos $ 1 . 75 Corny Dog $ 1 . 25 Hot Dog $ 1 . 00 Smoked Sausage $2 . 25 Chopped Barbecue $2 . 75 French Fries $ . 75 Popcorn $ . 75 Peanuts $ . 75 Snow Cone $ . 75 Chips $ . 50 Candy Bars $ . 25 $ . 50 $ . 75 Soft Drinks $ . 75 Regular $1 . 00 Large Lemonade $ . 75 Regular $ 1 . 00 Large Punch $ . 75 Regular $ 1 . 00 Large Iced Tea $ . 75 Regular $ 1 .00 Large Hot Chocolate $ . 75 Regular $ 1 . 00 large Coffee $ . 50 Attached is the menu and prices for 1992 . Smoked Sausage and Chopped Barbecue were dropped because of poor sales . Ice cream on a stick, large pickle , sunflower seeds , and bubble gum were added due to demand. Except for candy, all the items that were available in 1991 and again in 1992 , are the same price . In addition , Allan Weiss has agreed to set up a satellite stand ( s ) on an experimental basis , to help service the soccer/football fields better . This stand ( s) would be open when the soccer/football fields are in use . It would also be open along with the regular concession stand when soccer , softball and football are all playing at the same time . Therefore , based on last year's service , quality of food and reasonable prices , I think the City should renew it's lease/contract with Allan Weiss Enterprises for 21 % of the gross sales after the deduction of 7 . 75% sales tax . A decision needs to be made very soon since the Soccer Season begins the second week of February, 1992 . A\NA ALLAN WEISS ENTERPRISES CONCESSIONS&CATERING CI MENU HAMBURGER 1 .75 COLD DRINKS LG . 1 .00 REG. . 75 CHEESEBURGER 2 .00 DR . PEPPER NACHOS 1 . 75 7UP R.C. COLA CORNY DOG 1 . 25 BIG RED FRUIT PUNCH HOT DOG 1 .00 LEMONADE ICED TEA ICE CREAM ON A STICK 1 .00 HOT CHOCOLATE FRENCH FRIES .75 COFFEE . 50 POP CORN .75 HOT PEANUTS LARGE PICKLE SNOW CONE SUNFLOWER SEEDS CHIPS . 50 CANDY .75 BUBBLE GUM (3 pc. ) . 25 P.O.BOX 150009/DALLAS,TEXAS 75315/(214)565.1511 vL 15 ,�� �. r l 5-A-g- \a R,3 Wylie Dallas Cheeseburger $ 2. 00 $ 2. 75 Hamburger 1 . 75 2. 50 Hotdog 1 . 00 1 . 50 Corn Dog 1 . 25 1 . 50 French Fries . 75 1 . 50 Nachos 1 . 75 2. 00 Frito Pie 2. 25 Chili Dog 1 . 50 1 .75 Chili Burger 2. 25 Popcorn . 75 1 . 00 Candy . 75 Chips . 50 .75 Gum 3/ .25 Snocone . 75 1 . 00 Hot Chocolate . 75 1 .00 Coffee . 50 1 .00 Large Soft Drink 1 . 00 1 . 50 Regular Soft Drink . 75 1 . 00 Spring Ice Water - regular . 25 Spring Ice Water - large . 50 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: LEGAL DEPARTMENT DIRECTOR: S T EVEN P . DEITER `! i DATE REFERENCE NO. SUBJECT 2-18-93 1 ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES SUMMARY OF SUBJECT: COUNCIL HAS PREVIOUSLY DISCUSSED AND CONSIDERED ADOPTION OF AN ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY . THE PROPOSED ORDINANCE IS PATTERNED AFTER PLANO AND ROCKWALL ORDINANCES AND REQUIRES LICENSING OF ALL SEXUALLY ORIENTED BUSINESSES AND RESTRICTS THEIR LOCATION TO OUTSIDE 1 , 000 OF RESIDENTIAL AREA, SCHOOLS, ETC . THE CITY CURRENTLY HAS NO ORDINANCE WHICH WOULD ALLOW IT TO HAVE ANY CONTROL OVER SUCH BUSINESSE SHOULD THEY DESIRE TO LOCATE IN WYLIE ALTERNATIVES: 1 ) ADOPT ORDINANCE AS PROPOSED 2) ADOPT ORDINANCE WITH APPROPRIATE CHANGES 3) TAKE NO ACTION REGARDING REGULATION OF SEXUALLY ORIENTED BUSINESSES ACTION REQUESTED: ALTERNATE 1) ADOPTION OF ORDINANCE REGULATING SEXUALLY ORIENTED BUSINESSES REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A N/A BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ PERSONNEL 0 OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME 0 $ CAPITAL 0 RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: XX BACKGROUND MEMO MINUTES LETTER C.I.P. XXX ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES XX LEGAL REVIEWED BY: x x x CITY MANAGER DIRECTOR OF PARKS/REC. x x CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF XXXX CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER MEMORANDUM TO: City Council11111fr. FROM: Steve Deiter 4N SUBJECT: Sexually Oriented Business ' dinance DATE: February 18, 1993 I am forwarding herewith for the Council's review and consideration a draft of a sexually oriented business (SOB)ordinance for the City of Wylie. The ordinance is substantially the same as the Rockwall SOB ordinance which you previously received a copy of. It is also very similar to the Plano SOB which I used as a form. As noted in previous discussions, this ordinance defines what a sexually oriented business is (e.g. adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center); provides that if it is a SOB then it must be licensed (stringent license requirements), and that it may not be located within 1,000 feet of a residential neighborhood, school, etc.. The ordinance will be followed up with a change to the Zoning Ordinance which would provide for the location of sexually oriented business only as a conditional use within a specified zoning classification. Currently no such use is provided for and the zoning ordinance may therefore be prohibitive of any location, and as such subject to challenge. Should any of you have questions or concerns over the content or effect of the Ordinance please advise. cc: Steve Norwood City of Wylie AGENDA COMMUNICATION LEGAL DEPARTMENT STEVEN P . DF_ITER SUBMITTED BY: DIRECTOR: DATE REFERENCE NO. SUBJECT 2-19-93 ORDINANCE UPDATING FEE SCHEDULE SUMMARY OF SUBJECT: THE COUNCIL HAS RECENTLY REVIEWED THE EXISTING FEE SCHEDULE FOR THE CITY AND APPROVED CERTAIN UPDATES AND REVISIONS THERETO. THE PROPOSED ORDINANCE AMENDS APPENDIX A OF THE WYLIE CITY CODE WHERE MOST OF THE FEES ARE CONTAINED . ALTERNATIVES: A) PASS ORDINANCE AS PRESENTED B) PASS ORDINANCE AS AMENDED C) DECLINE TO TAKE ACTION UPDATING FEE SCHEDULES ACTION REQUESTED: ALTERNATIVE A) ADOPTION OF ORDINANCE UPDATING FEE SCHEDULE