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01-23-1996 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex January 23, 1996 7:00 p.m. CALL TO ORDER INVOCATION - Rev. George Fournier PLEDGE OF ALLEGIANCE ACTION ITEMS 1. Discuss and Consider Approval of Alternate Trial Judge 2. Discuss and Consider Approval of Minutes for December 19,1995 3. Discuss and Consider Approval of a Resolution Adopting the Park and Open Space Master Plan 4. Hold Public Hearing to Hear Public Comment Regarding the Wylie Central Park/Athletic Field Complex Grant Application 5. Discuss and Consider Approval of a Resolution Authorizing the Application of a Grant from the Texas Parks and Wildlife Department 6. Discuss and Consider Award of Ambulance Contract 7. Discuss and Consider Approval of Ordinances Annexing Property Identified Along the FM 544 Corridor as follows: a. Discuss and Consider Approval of Ordinance Annexing 22.4 Acre Tract of Land in the M. Sparks Survey, Abstract No. 849, Tract 21, Volume 645, Page 470, Located by Marshall Lane and Owned by Paul Taylor b. Discuss and Consider Approval of Ordinance Annexing 5.0 Acre Tract of Land in the M. Sparks Survey, Abstract No. 864, Tract 22, 22-9, Volume 864, Page 279, Located by Marshall Lane and Owned by Patrice Lemmon c. Discuss and Consider Approval of Ordinance Annexing 28.81 Acre Tract of Land in the M. Sparks Survey, Abstract No. 849, Tract 17, Volume 2165, Page 795, Located by Marshall Lane and Owned by J. M. Mannewitz d. Discuss and Consider Approval of Ordinance Annexing 27.45 Acre Tract of Land in the M. Sparks Survey, Abstract No. 849, Tract 20, 20-9, Volume 2165, Page 795, Located by Marshall Lane and Owned by J. M. Mannewitz e. Discuss and Consider Approval of Ordinance Annexing 29.0 Acre Tract of Land in the M. Sparks Survey, Abstract No. 849, Tract 15, Volume 3180, Pages 615-617, Located by Marshall Lane and Owned by Ronnie Joe Housewright f. Discuss and Consider Approval of Ordinance Annexing 30.0 Acre Tract of Land in the M. Sparks Survey, Abstract No. 849, Tract 16, 16-9, Volume 2324, Page 194, Located by Marshall Lane and Owned by Ronnie Joe Housewright g. Discuss and Consider Approval of Ordinance Annexing 10.95 Acres out of 67.6 Acre Tract of Land in the M. Sparks Survey, Abstract No. 849, Tract 19, Volume 1376, Page 94-96, Located by Marshall Lane and Owned by J. L. Brand h. Discuss and Consider Approval of Ordinance Annexing 10.956 Acre Tract of Land in the I. Clifton Survey, Abstract No. 193, Tract 9, 9-1, Volume 1383, Page 136-139, in the H. J. Hardin Survey, Abstract No. 438, Tract 2, Volume 1383, Page 136-139, in the Richard D. Newman Survey, Abstract No. 660, Tract 33, Volume 1383, Page 136-139, Located by Hensley Lane and Owned by R. F. Miller i. Discuss and Consider Approval of Ordinance Annexing 10.2953 Acre Tract of Land in the I. Clifton Survey, Abstract No. 193, Tract 10, Volume 1383, Page 170, in the Richard D. Newman Survey, Abstract No. 660, Tract 34, Volume 1383, Page 170, in the H. J. Hardin Survey, Abstract No. 438, Tract 3, Volume 1383, Page 170, Located by Hensley Lane and Owned by Worth Speed j. Discuss and Consider Approval of Ordinance Annexing 10.278 Acre Tract of Land in the H. J. Hardin Survey, Abstract No. 438, Tract 6, Volume 2364, Page 510, Located by Hensley Lane and Owned by Norlan VanCleve 8. Discuss and Consider Approval of a Resolution Declaring the Month of February "Fair Housing Month" • 9. Hold Public Hearing and Consider Approval of a Zone Change from SF-3 to B-2 for Property Located at 300 E. Marble, Lot 1, Block 36 in the Railroad Addition 10. Discuss and Consider Approval of a Resolution Amending the Zoning Classification for Batch Plant 11. Discuss and Consider Adoption of Floodplain Management Ordinance in Compliance with Federal Emergency Management Agency (FEMA) and the National Flood Insurance Program (FINFIP) Regulations 12. Discuss and Consider Approval of an Ordinance Increasing the Water Rate STAFF REPORTS BOARD APPOINTMENT 13. Discuss and Consider Appointing a Replacement to the Library Board CITIZEN PARTICIPATION ADJOURNMENT Posted on this thel9th day of January, 1996 at 5:00 p.m. THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD 442-8170 Wylit City Council #1 agenda Communication for January 23, "19 ► Appoint Alternate Trial judge Issue Discuss and Consider Approval of Alternate Trial Judge. Background This request was initiated by Judge Suzanne Marsh. There are potential situations in which Judge Marsh believes it would be necessary for her to excuse herself from the bench. Judge Marsh is therefore requesting that James D. Blume be appointed as alternate judge. This issue was considered and tabled by the City Council on December 19, 1995. The City Council requested that detailed background information be provided on Mr. Blume. Financial Consideration The city will not have any financial obligation directly to Mr. Blume. The city has a monthly contractual financial obligation to Judge Marsh and she will take responsibility for any compensation for Mr. Blume. Legal Considerations Mr. Blume's resume indicates he is fully qualified to serve in this position. He intends to attend a training session given by the Texas Municipal Court Training Center. Staff Recommendation None Attachment Copy of resume for James D. Blume ..jak, 0610)444, Prepared Financ irector Ap oved Ci y. Manager Approval JAMES D. BLUME 6116 N. Central Expressway Suite 250 Dallas, Texas 75206 (214) 373-7788 EDUCATION: Clear Creek High School, League City, Texas, 1965-1968 Cornell University, Ithaca, New York, 1968-1972 B.A. cum laude (economics) University of Texas School of Law, 1972-1975 J.D. , May 1975 Criminal Law Association American Journal of Criminal Law Intern, Travis County Juvenile Court PROFESSIONAL ASSOCIATIONS: State Bar of Texas, licensed, October 1975 American Bar Association Texas Trial Lawyers Association American Trial Lawyers Association Dallas Bar Association Who's Who in American Law Chairman, Dallas Subcommittee, State Unauthorized Practice of Law Committee (1986-90) ; Chairman, Northern Region, (1987-90) Chairman, State Unauthorized Practice of Law Committee, appointed by the Texas Supreme Court to 3-year °term in 1990 and appointed chairman in October 1991. Special Assistant Disciplinary Counsel, State Bar of Texas, 1993 - present ADMITTED TO PRACTICE BEFORE: The Supreme Court of the United States The Supreme Court of Texas United States Court of Appeals for the Fifth Circuit United States Court of Appeals for the Eleventh Circuit United States District Court, Northern District of Texas United States District Court, Southern District of Texas United States District Court, Eastern District of Texas United States District Court, Western District of Texas -1- EMPLOYMENT EXPERIENCE: Partner; James D. Blume, P.C. March 1990 to present General civil commercial practice with emphasis on state tax, appellate, administrative and trial work. Partner; Mauro, Wendler, Blume & Gutow July 1986 to February 1990 General civil commercial practice with emphasis on appellate, administrative and trial work. Partner; Gutow & Blume October 1979 to July 1986 General. civil practice with emphasis on appellate and trial work. Associate Deputy Comptroller, State Comptroller of Public Accounts, September 1978 to August 1979 Director of Claims, State Comptroller of Public Accounts January 1977 to September 1978 Hearings Examiner, Legal Services Division, State Comptroller of Public Accounts February 1976 to January 1977 Chief of Research, City of Austin Charter Revision Commission June 1975 to December 1975 PUBLICATIONS: "Federal Limitations on the Sales Tax", "The Hotel Occupancy Tax", and "Miscellaneous Occupation Taxes", all published in Texas Tax Service, 1985. REFERENCES: Available upon request. -2- Wylie City Council it2 Agenda Commonkcotion'for January 23. 1996 Approval of Minutes for December 19, 1995 Minutes of the Wylie City Council December 19, 1995 CALL TO ORDER Mayor Jim Swartz called the City Council Meeting to order, December 19, 1995 at 7:00 p.m. with the following Councilmembers present: Joel Scott, Reta Allen, John Mondy, J. C. Worley and Cleo Adams. Steve Wright was absent. PRESENTATIONS PRESENTATION BY LIBRARY DIRECTOR Mignon Morse, Library Director, announced to Council that there will be new library hours effective January 2, 1996. PRESENTATION OF NEW POLICE CHIEF Mike Collins, City Manager, gave an overview of the interviewing and hiring process for the Police Chief. He introduced to Council, Bill Rushing from Odessa, Texas. Rushing stated his goals and expectations for the police department. RECESS CITY COUNCIL MEETING CONVENE PARKS AND RECREATION FACILITIES DEVELOPMENT CORPORATION HOLD PUBLIC HEARING TO RECEIVE PUBLIC COMMENT ON PROPOSED PROJECTS FUNDED BY THE 4B SALES TAX AND THE ISSUANCE OF BONDS Jerri Smith called the meeting to order with the following members present: John Mondy, Joel Scott, and Jim Swartz. Steve Wright, Kerry Carothers, and Dan Chestnut were absent. Mindy Manson, Assistant to the City Manager, updated the corporation on the 4B Sales Tax, planned projects, library improvements, park improvements and the community center. She stated the purpose of the public hearing was to receive comments from the public on the use of 4B Sales Tax. Smith opened the public hearing and there was no citizen participation. Smith then closed the public hearing. Scott made the motion to table the issuance of bonds until January 9, 1996. Mondy seconded the motion. The motion passed unanimously. With no further business, the meeting was adjourned. RECONVENE CITY COUNCIL ACTION ITEMS APPROVAL OF MINUTES - NOVEMBER 14 AND NOVEMBER 21, 1995 With no discussion, Adams made the motion to approve the minutes as written. Scott seconded the motion. The motion passed unanimously. ALTERNATE TRIAL JUDGE Council expressed desire to review contract of Judge Marsh. Worley would like the references checked to the alternate trial judge. Mondy made the motion to table appointing an alternate trial judge. Scott seconded the motion. The motion was passed unanimously. RESOLUTION 95-36 RESOLUTION BY THE WYLIE CITY COUNCIL AUTHORIZING THE MAYOR AND CITY SECRETARY TO EXECUTE THE PIPELINE CROSSING CONTRACT BETWEEN THE CITY OF WYLIE AND THE KANSAS CITY SOUTHERN RAILWAY COMPANY Collins stated the purpose of the agreement was to grant the city the right to lay and maintain the proposed water pipeline in the Premier Business Park. Mondy made the motion to authorize the Mayor and City Secretary to execute the contract with Kansas City Southern Railway Company. Adams seconded the motion. The motion passed unanimously. ABANDONMENT OF ALLEY BETWEEN LOTS 6, 7, AND 8 AND LOTS 1, 2, 3, 4, AND 5 OF BLOCK 15 OF THE RAILROAD ADDITION Collins stated that Richard Parker requested abandoning the alley. Staff is still researching abandonment fees but due to Mr. Parker making his request before the fees were set, staff recommending charging no fee and to grant the request. Greg MacLean, consulting engineer from the Hogan Corporation, gave his views on the pros and cons of abandoning the alley. Adams made the motion to grant the request to abandon the alley. Mondy seconded the motion. The motion passed unanimously. APPROVAL OF CHANGE ORDER #1 FOR PREMIER INDUSTRIAL PARK Collins explained that this item was brought to Council to take advantage of the opportunity to save money and ask Council to authorize the City Manager to approve $79,032. MacLean stated that the contract with East Texas Construction is going good. A good project is taking place and they are doing well. Worley made the motion to authorize the City Manager to approve the change order. Adams seconded the motion. The motion passed unanimously. ANNEXATION OF PROPERTY ALONG THE FM 544 CORRIDOR Collins gave an overview of the process that began in September, 1995 and advised the public that they could call the city manager's office or any staff member if they had any questions. Collins asked Bob Hogan with the Hogan Corporation to speak about the annexation process. Hogan stated reasons for considering annexation was to gain control of property that corridors the city. He stated that demand and cost of services does not go down. What offsets this is regrowth. If you do not have the land you can not continue to grow. The services are much higher if you have pockets in your city. MacLean gave reference points to the property to b annexed. Mayor Swartz read the body of the ordinance and stated that this applied to all of the ordinances with only the descriptions being the difference on each ordinance. The body was read as follows: "PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGE OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 91-24, CHAPTER 12, EXHIBIT "A' OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF." ORDINANCE 95-27 ANNEXING A 10.342 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 13, VOLUME 1583, PAGE 620, THE R. D. NEWMAN SURVEY, ABSTRACT NO. 660, TRACT 41, VOLUME 1583, PAGE 620, AND THE H. J. HARDIN SURVEY, ABSTRACT NO. 438, TRACT 9, VOLUME 1583, PAGE 620, COLLIN COUNTY, TEXAS; Owner: Joslyn Scott made the motion to pass, Allen seconded the motion. Motion passed unanimously. ORDINANCE 95-28 ANNEXING A 33.7 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE M. SPARKS SURVEY, ABSTRACT NO. 849, TRACT 34, VOLUME 2957, PAGE 575-578, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Allen seconded the motion. Motion passed unanimously. ORDINANCE 95-29 ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I&GN RAILWAY CO. SURVEY, ABSTRACT NO. 1061, TRACT 1, VOLUME 3138, PAGE 582-585, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-30 ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I&GN RAILWAY CO. SURVEY, ABSTRACT NO. 1061, TRACT 6, VOLUME 1198, PAGE 638, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. The motion passed unanimously. ORDINANCE 95-31 ANNEXING A 5.41 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I&GN RAILWAY CO. SURVEY, ABSTRACT NO. 1061, TRACT 1-9, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. The motion passed unanimously. ORDINANCE 95-32 ANNEXING A 1.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I&GN RAILWAY CO. SURVEY, ABSTRACT NO. 1061, TRACT 3, VOLUME 682, PAGE 330, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-33 ANNEXING A 8.2145 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J. W. CURTIS SURVEY, ABSTRACT NO. 196, TRACT 5, VOLUME 418, PAGE 131, AND THE M. MILLIRON SURVEY, ABSTRACT NO. 563, TRACT 3, VOLUME 418, PAGE 131, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-34 ANNEXING A 19.10 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE L. K. PEGUES SURVEY, ABSTRACT NO. 703, TRACT 7, VOLUME 768, PAGE 315, AND THE I&GN RAILWAY CO. SURVEY, ABSTRACT NO. 1061, TRACT 4, VOLUME 768, PAGE 315, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-35 ANNEXING A 33.659 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 1, VOLUME 3367, PAGE 230-233, AND THE D. STRICKLAND SURVEY, ABSTRACT NO. 841, TRACT 1, VOLUME 3367, PAGE 230-233, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-36 ANNEXING A 3.3 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 16, VOLUME 2957, PAGE 575-578, COLLIN COUNTY, TEXAS; Owner: Scholz Scott made the motion to pass, Worley seconded the motion. The motion passed unanimously. ORDINANCE 95-37 ANNEXING A 1.983 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 12, VOLUME 1585, PAGE 902, COLLIN COUNTY, TEXAS; Owner: Oliver Mondy made the motion to pass, Scott seconded the motion. Swartz and Adams opposed. ORDINANCE 95-38 ANNEXING A 10 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 7, 7-9, VOLUME 684, PAGE 218, COLLIN COUNTY, TEXAS; Owner: Bevis Mondy made the motion to pass, Allen seconded the motion. The motion passed unanimously. ORDINANCE 95-39 ANNEXING A 4.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 12, VOLUME 932, PAGE 703-705, COLLIN COUNTY, TEXAS; Owner: Witherspoon Scott made the motion to pass, Adams seconded the motion. Motion passed unanimously. ORDINANCE 95-40 ANNEXING A 17.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 7, 7-9, VOLUME 353, PAGE 510-511, COLLIN COUNTY, TEXAS; Owner: Hensley Mondy made the motion to pass, Worley seconded the motion. Adams opposed. ORDINANCE 95-41 ANNEXING A 7.7 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 10, 10-9, VOLUME 709, PAGE 44, COLLIN COUNTY, TEXAS; Owner: Drain Scott made the motion to pass, Mondy seconded the motion. The motion passed unanimously. ORDINANCE 95-42 ANNEXING A 7.5 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 9, VOLUME 1110, PAGE 494-496, COLLIN COUNTY, TEXAS; Owner: Pell Allen made the motion to pass, Mondy seconded the motion. The motion passed unanimously. ORDINANCE 95-43 ANNEXING A 33.76 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 13-9, 13, VOLUME 1376, PAGE 94, COLLIN COUNTY, TEXAS; Owner: Brand Scott made the motion to pass, Allen seconded the motion. Mondy and Swartz opposed. ORDINANCE 95-44 ANNEXING A 6.0 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 8, VOLUME 1954, PAGE 424, COLLIN COUNTY, TEXAS; Owner: Swanson Scott made the motion to pass, Mondy seconded the motion. The motion passed unanimously. ORDINANCE 95-45 ANNEXING A 7.5 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 352, TRACT 5, VOLUME 817, PAGE 558, COLLIN COUNTY, TEXAS; Owner: Jones Scott made the motion to pass, Adams seconded the motion. The motion passed unanimously. ORDINANCE 95-46 ANNEXING A 9.994 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 6, 6-9, VOLUME 1134, PAGE 1741-1744, COLLIN COUNTY, TEXAS; Owner: Mulcahy Mondy made the motion to pass, Worley seconded the motion. Swartz opposed. ORDINANCE 95-47 ANNEXING A 1.593 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE JACOBS ADDITION, LOT 2, BLOCK B, VOLUME F, PAGE 369, COLLIN COUNTY, TEXAS; Owner: Jacobs Scott made the motion to pass, Mondy seconded the motion. Motion passed unanimously. ORDINANCE 95-48 ANNEXING A 40.82 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE L. K. PEGUES SURVEY, ABSTRACT NO. 703, TRACT 6, VOLUME 772, PAGE 513, COLLIN COUNTY, TEXAS; Owner: Wiley Housewright Mondy made the motion to pass, Worley seconded the motion. Adams opposed. ORDINANCE 95-49 ANNEXING A 20.352 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE E. C. DAVIDSON SURVEY, ABSTRACT NO. 266, TRACT 29, 29-9, VOLUME 94-0005482, PAGE 1-5, COLLIN COUNTY, TEXAS; Owner: Carlson Adams made the motion to pass, Worley seconded the motion. Motion passed unanimously. ORDINANCE 95-50 ANNEXING A 37.96 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE E. C. DAVIDSON SURVEY, ABSTRACT NO. 266, TRACT 28, VOLUME 3415, PAGE 911, COLLIN COUNTY, TEXAS; Owner: Carlson Adams made the motion to pass, Mondy seconded the motion. Motion passed unanimously. ORDINANCE 95-51 ANNEXING A 191.40 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE M. MILLIRON SURVEY, ABSTRACT NO. 563, TRACT 2, VOLUME 270, PAGE 205-206, COLLIN COUNTY, TEXAS; Owner: Wells Scott made the motion to pass, Mondy seconded the motion. Motion passed unanimously. ORDINANCE 95-52 ANNEXING A 75.8 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J. W. CURTIS SURVEY, ABSTRACT NO. 196, TRACT 1, VOLUME 270, PAGE 205-206, COLLIN COUNTY, TEXAS; Owner: Wells Scott made the motion to pass, Mondy seconded the motion. Motion passed unanimously. ORDINANCE 95-53 ANNEXING A 15.4 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660, TRACT 43, VOLUME 1632, PAGE 673, IN THE H. J. HARDIN SURVEY, ABSTRACT NO. 438, TRACT 10, VOLUME 1632, PAGE 673, IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 8, VOLUME 1632, PAGE 673, COLLIN COUNTY, TEXAS; Owner: Bradshaw Mondy made the motion to pass, Allen seconded the motion. Scott opposed. ORDINANCE 95-54 ANNEXING A 7.417 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 14, VOLUME 2195, PAGE 578, IN THE H. J. HARDIN SURVEY, ABSTRACT NO. 438, TRACT 8, VOLUME 2195, PAGE 578, AND IN THE RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660, TRACT 40, VOLUME 2195, PAGE 578, COLLIN COUNTY, TEXAS; Owner: Caldwell Mondy made the motion to pass, Scott seconded the motion. Allen and Adams opposed. ORDINANCE 95-55 ANNEXING A 9.64 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J. W. CURTIS SURVEY, ABSTRACT NO. 196, TRACT FM 544, IN THE M. MILLIRON SURVEY, ABSTRACT NO. 563, TRACT FM 544, AND THE D. STRICKLAND SURVEY, ABSTRACT NO. 841, TRACT FM 544, COLLIN COUNTY, TEXAS; Owner: TxDot Mondy made the motion to pass, Allen seconded the motion. The motion passed unanimously. ORDINANCE 95-56 ANNEXING A 13.3 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 17, IN THE E. C. DAVIDSON SURVEY, ABSTRACT NO. 266, THE M. MILLIRON SURVEY, ABSTRACT NO. 563, AND THE M. SPARKS SURVEY, ABSTRACT NO. 849, COLLIN COUNTY, TEXAS; Owner: Dart Scott made the motion to pass, Mondy seconded the motion. The motion passed unanimously. ORDINANCE 95-57 ANNEXING A 10.0 ACRE TRACT OF LAND OUT OF 30 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G. W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 2, VOLUME 647, PAGE 526, COLLIN COUNTY, TEXAS; Owner: Hampton Mondy made the motion to pass, Scott seconded the motion. Motion passed unanimously. ORDINANCE 95-58 ANNEXING A 16.83 ACRE TRACT OF LAND OUT OF 63.5 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE L. K. PEGUES SURVEY, ABSTRACT NO. 703, TRACT 8, VOLUME 316, PAGE 409, COLLIN COUNTY, TEXAS; Owner: Wood Scott made the motion to pass, Allen seconded the motion. Motion passed unanimously. ORDINANCE 95-59 ANNEXING A 4.6 ACRE TRACT OF LAND OUR 0 A 42.735 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE J. W. CURTIS SURVEY, ABSTRACT NO. 196, TRACT 3, AND THE M. MILLIRON SURVEY, ABSTRACT NO. 563, COLLIN COUNTY, TEXAS; Owner: TP&L Scott made the motion, Mondy seconded the motion. Motion passed unanimously. 22.4 Acre tract of land, in the M, Sparks Survey, Abstract No. 849, Tract 21, Volume 645, Page 470, Collin County, Texas. Owner: Dr. Paul Taylor. Worley made the motion to table, Scott seconded the motion. The motion passed unanimously. 5.0 Acre tract of land, in the M. Sparks Survey Abstract No. 849, Tract 22, 22-9, Volume 864, Page 279, Collin County, Texas. Owner: Patrice Lemmon. Adam made motion to table, Allen seconded the motion. The motion passed unanimously. 28.81 Acre tract of land, in the M. Sparks Survey, Abstract No. 849, Tract 17, Volume 2165, Page 795, Collin County, Texas. Owner: Thomas A. Mannewitz, et al. Scott made the motion to table, Allen seconded the motion. The motion passed unanimously. 27.45 Acre tract of land, in the M. Sparks Survey, Abstract No. 849, Tract 20-20-9, Volume 2165, Page 795, Collin County, Texas. Owner: Thomas A. Mannewitz, et al. Scott made the motion to table, Adams seconded the motion. The motion passed unanimously. 5.2453 Acre tract of land, in the H. J. Hardin Survey, Abstract No. 438, Tract 3, Volume 1383, Page 170, Collin County, Texas. Owner: Worth M. Speed. Scott made the motion to table, Adams seconded the motion. Mondy opposed. 4.68 Acre tract of land, in the Richard D. Newman Survey, Abstract No. 660, Tract 34, Volume 1383, Page 170, Collin County, Texas. Owner: Worth M. Speed. Scott made the motion to table, Allen seconded the motion. Mondy opposed. 0.37 Acre tract of land, in the I. Clifton Survey, Abstract No. 193, Tract 10, Volume 1383, Page 170, Collin County, Texas. Owner: Worth M. Speed. Scott made the motion to table, Adams seconded the motion. Mondy opposed. 10.278 Acre tract of land, in the H. J. Hardin Survey, Abstract No. 438, Tract 6, Volume 2364, Page 510, Collin County, Texas. Owner: Norlan C. VanCleve. Scott made the motion to table, Adams seconded the motion. Mondy opposed. 10.95 Acre tract of land, in the M. Sparks Survey, Abstract No. 849, Tract 19, Volume 1376, Page 94-96, Collin County, Texas. Owner: J. L. Brand. Mondy made the motion to table, Scott seconded the motion. Motion passed unanimously. 29.0 Acre tract of land, in the M. Sparks Survey, Abstract No. 849, Tract 15, Volume 3180, Page 615-617, Collin County, Texas. Owner: Ronnie Housewright. Scott made the motion to table, Mondy seconded the motion. Motion passed unanimously. 30.0 Acre tract of land, in the M. Sparks Survey, Abstract No. 849, Tract 16, 16-9, Volume 2324, Page 194, Collin County, Texas. Owner: Ronnie Housewright. Mondy made the motion to table, Adams seconded the motion. Motion passed unanimously. 2.756 Acre tract of land, in the I. Clifton Survey, Abstract No. 193, Tract 9, 9-1, Volume 1383, Page 137, Collin County, Texas. Owner: Ronald F. Miller. Scott made motion to table, Worley seconded the motion. Mondy opposed. 2.7 Acre tract of land, in the H. J. Hardin Survey, Abstract No. 438, Tract 2, Collin County, Texas. Owner: Ronald Miller. Adams made the motion to table, Scott seconded the motion. Mondy opposed. 5.5 Acre tract of land, in the Richard D. Newman Survey, Abstract No. 660, Tract 33, Collin County, Texas. Owner: Ronald Miller. Scott made the motion to table, Allen seconded the motion. Mondy opposed. STAFF REPORTS Collins stated that William Campbell has stated to the City Manager's office that he will petition to be annexed into the City of Wylie when Murphy releases him from their ETJ. Collins stated that a pre-bid conference on the ambulance contract would be held December 20, 1995. BOARD APPOINTMENTS Staff recommended appointing Terry Ayre to fill the vacated position on the Park Board. With no discussion, Scott made the motion to appoint Terry Ayre and Adams seconded the motion. The motion passed unanimously. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. Jim Swartz, Mayor Susan Shuler, City Secretary Wylie City Council #3 ( ganda Communication for january23, 1996 Resolution Adopting Parks and Open Space Master Plan Issue Discuss and consider approval of a Resolution adopting the Parks and Open Space Master Plan prepared by J.T. Dunkin and Associates. Background Through a series of public hearings and meetings, the Park Board has identified goals and objectives which have guided the development of the Parks and Open Space Master Plan. As a part of the process, an inventory of recreational space and facilities was conducted of both City and WISD properties and a Needs Assessment was produced as a result of input received from the public as well as utilizing standards for facility development. As stated in the Executive Summary of the Plan: The Parks and Open Space Master Plan for the City of Wylie is a long range guide to the development of a park system capable of supporting the expected recreational needs for the community as it approaches its ultimate population. This is the initial plan prepared by the City to address the immediate and long-range needs of the City for recreational facilities. The components of the Plan include: Goals and Objectives; Park Types and Recommended Standards; Planning Criteria - Needs Assessment; Neighborhood Planning Areas; Development Plan; and Plan Implementation. The January 15, 1994 election approving the 1/2 cent sales tax for parks, recreation, and library projects made funding available for the first time which enabled the City of Wylie to invest in its park and recreational infrastructure. The development and approval of the Parks and Open Space Master Plan will provide the Park Board, the Parks and Recreation Facilities Development Corporation and the City Council the information necessary to effectively plan and make decisions regarding the future of park and recreational facilities in Wylie. Following the approval of the Master Plan, a Parks Capital Improvement Plan (CIP) will need to be initiated. The purpose of the CIP is to identify the development standards the City desires to achieve with regard to the future of park and recreational facilities. These standards include site development, the type of equipment and accessories, signage and other major cost items. The Master Plan will guide the general location and the nature of future park and recreation facilities, while the CIP will guide the specific development of those facilities. Financial Considerations The Plan has been organized and various phases developed to fulfill the requirements of the Texas Park and Wildlife Department's guidelines for submission for approval when applying for matching grant funds from the Department. Approval of the Plan is necessary for the City to obtain the $500,000 grant which is being requested from the Department. Legal Considerations N/A Board/Commission Recommendation The Park Board considered the Parks and Open Space Master Plan during their meeting on January 15, 1996, and recommends approval to the City Council. Staff Recommendation Staff recommends approval of the Master Plan. Attachment Resolution ^� r ^ tC010111, T1'1'tJ. ,i O I � Prepared Approved By City Manager A pproval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE ADOPTING THE PARKS AND OPEN SPACE MASTER PLAN WHEREAS, the City of Wlylie, through the approval of the 4B Sales Tax election of January 1994, is committed to the development and enhancement of its parks and recreational infrastructure; and WHEREAS, the City of Wylie recognizes the direct impact that parks and recreational facilities have on the quality of life for the citizens of Wylie; and WHEREAS, the City of Wylie desires to plan for the development of a park system which is capable of supporting the expected recreational needs of the community as it approaches its ultimate population; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wylie, that the Parks and Open Space Master Plan be adopted. DULY RESOLVED on this the 23rd day of January, 1996. James D. Swartz, Mayor Susan Shuler, City Secretary Wyb City Council #4 agenda Communication for January 23, 1996 Hold Public Hearing Regarding grant Application Issue The Texas Parks and Wildlife Department requires a public hearing to be conducted prior to the submittal of a grant request for the purpose of receiving input regarding the grant application. Background The City will submit an application for a $500,000 Texas Parks and Wildlife Department grant on January 31, 1996. As a part of the planning process for the development of the Central Park/Athletic Field Complex, staff has worked with the consulting firm of J.T. Dunkin and Associations toward the submittal of this grant request. These grant funds would be matched with $1 million in 4B Funds for the development of Phase 1 of the Park. The public hearing is to allow the public the opportunity to comment on the application and the project. Phase 1 of the development of the Park could include baseball/softball fields, soccer/football fields, and a multi-use trail. The master planning and the development of the complex will be completed jointly between the City and the Wylie Independent School District. Financial Considerations N/A Legal Considerations The public hearing satisfies requirements of the Texas Parks and Wildlife Department regarding the grant submittal process. Board/Commission Recommendation The Park Board has approved the Wylie Central Park preliminary conceptual plan and has recommended approval of the Parks and Open Space Master Plan, both of which are integral components of the grant submittal. Staff Recommendation N/A Attachment N/A Vv1 // . Q41A7 CeQ1:4042 W:A Prepared &4 pproved By City Manager Approval �� ty Co uncil i :.......i.. #5► figonda Communication for January 23. 1996 iii_....j_ Resolution authorizing Application of a Grant Issue Discuss and consider the adoption of a resolution authorizing the application of a grant from the Texas Parks and Wildlife Department for the development of the Wylie Central Park/Athletic Field Complex. Background As a part of the planning process for the development of the Central Park/Athletic Field Complex, staff has worked with the consulting firm of J.T. Dunkin and Associations toward the submittal of a grant request to the State which would augment the 4B Funds being utilized for the Park. This process has also included the preparation of Parks and Open Space Master Plan, the preparation of the preliminary Concept Plan for Central Park, the approval of a Joint Resolution establishing a working relationship with the WISD and the approval of a Resolution establishing a Joint Use Agreement with the WISD. The Resolution being considered by the Council is a requirement of the State and must be included when applying for the grant. The Resolution certifies that the City is eligible to receive assistance under the Texas Recreation and Parks Account Grant Program, designates the City Manager to act on behalf of the City and dedicates the park site for public park and recreation purposes in perpetuity. The Resolution also certifies that the City has matching funding available. This funding is available by means of the recent Bond issuance towards which a portion of the 4B sales tax is pledged. Financial Considerations On January 9, 1996 the Wylie Parks and Recreation Facilities Development Corporation approved a Resolution authorizing the issuance of $1,710,000 in bonds for the purpose of funding specific projects including the Central Park/Athletic Field Complex. Of that amount, $1,000,000 is earmarked for the Park. The grant application is for $500,000. Legal Considerations The Texas Parks and Wildlife Department requires the approval of the Resolution by the Council authorizing the application as a part of the grant process. Board/Commission Recommendation The Park Board has approved the Wylie Central Park preliminary conceptual plan and has recommended approval of the Parks and Open Space Master Plan, both of which are integral components of the grant submittal. Staff Recommendation Staff recommends approval of the Resolution authorizing the grant application. Attachment Resolution (1mfl(L,4\R(AJY5A 1- QO- Prepared & proved By City Manager Approval RESOLUTION NO A RESOLUTION OF THE CITY OF WYLIE, TEXAS HEREINAFTER REFERRED TO AS "APPLICANT", DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE "APPLICANT" IN DEALING WITH THE TEXAS PARKS & WILDLIFE DEPARTMENT, HEREINAFTER REFERRED TO AS "DEPARTMENT", FOR THE PURPOSES OF PARTICIPATING IN THE TEXAS RECREATION & PARKS ACCOUNT GRANT PROGRAM, HEREINAFTER REFERRED TO AS THE "PROGRAM"; CERTIFYING THAT THE "APPLICANT" IS ELIGIBLE TO RECEIVE PROGRAM ASSISTANCE; CERTIFYING THAT THE "APPLICANT" MATCHING SHARE IS READILY AVAILABLE; AND DEDICATING THE PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATIONAL USES. WHEREAS, the Texas Legislature has approved the "Program" (Section 24 of the Parks and Wildlife Code)for the purpose of allowing the political subdivisions of the State of Texas to participate in the Program; and WHEREAS, the "Applicant" is fully eligible to receive assistance under the "Program"; and WHEREAS, the "Applicant" is desirous of authorizing an official to represent and act for the "Applicant" in dealing with the "Department" concerning the "Program"; NOW, THEREFORE BE IT RESOLVED BY THE "APPLICANT": SECTION 1: That the "Applicant" hereby certifies that they are eligible to receive assistance under the "Program". SECTION 2: That the "Applicant" hereby certifies that the matching share for this application is readily available at this time. SECTION 3: That the "Applicant" hereby authorizes and directs its City Manager to act for the "Applicant" in dealing with the "Department" for the purposes of the "Program", and Michael Collins is hereby officially designated as the representative in this regard. Resolution No Page 2 SECTION 4: The "Applicant" hereby specifically authorizes the official to make application to the "Department" concerning the sit to be known as Central park in the City of Wylie for use as a park site. That Central park is hereby dedicated (or will be dedicated upon completion of the proposed acquisition) for public park and recreation purposes in perpetuity. Introduced, read and passed by the affirmation vote of the "Applicant" on this day of , 1996. Mike Collins, City Manager James D. Swartz, Mayor Susan Shuler, City Secretary F 1 fy�le City Council #6 f tgonda Communication for January 23, 1996 0mbulanc¢ Contract ISSUE Discuss and consider authorizing the City Manager to negotiate a contract for EMS/Ambulance Service for the City of Wylie to Central Ambulance for an amount not to exceed $90,000 annually for the base subsidy and $32,000 required for "station enhancements". BACKGROUND The City's contract with Central Ambulance expired December 15, 1995 and was extended by Council for a period of 90 days to allow additional time for solicitation of competitive proposals and negotiation of a new contract. A Request for Proposals was issued soliciting submittals for a two year contract with an option for successive two year extensions at the discretion of the City. The contract specifications were essentially based on the current level of service, with the additional requirement of structural modifications to the existing ambulance facility to adequately accommodate Wylie fire fighting apparatus. Prospective contractors were also encouraged to submit alternate proposals. Of the two prospective EMS providers known to be capable of performing the required service, only Central Ambulance submitted a proposal. Rural/Metro Ambulance declined to compete, primarily because they felt the two year contract period favored the incumbent contractor and they could not submit an offer that would be competitive. Central Ambulance has been providing quality service to the City of Wylie since December 1992. Based on this track record of three plus years, the Staff feels that Central is a responsible provider for ambulance service and that this single bid should be considered. The base subsidy proposed by Central was $142,865 which included an annual cost of $16,000 to cover the required "station enhancements" based on an estimated expense of $32,000 amortized over the initial two year contract period. The subsidy for any subsequent extension of the contract would not include the additional cost for facility modifications. Alternate proposals were also submitted based on the following provisions; for an ambulance crew dedicated solely to the service of the Wylie fire district, increased limits of malpractice insurance, construction of a new ambulance/fire facility, continued use of the existing facility with no modifications, extending the contract period to five years. See Attachment #1 for more detailed discussions of the alternate proposals. FINANCIAL CONSIDERATIONS Attachment #1 also details the proposed subsidy amount for each of the proposals. Current ALS and BLS transport rates are $280 and $200, respectively and Central has not proposed any increase. Central has provided at Staffs request a Subsidy versus Price Trade-off table (see Attachment #2). This table illustrates potential reductions in subsidy levels in proportion to increased transport rates (user fees). Central asked during the negotiations that certain items on their response to the RFP be changed. These changes are listed in Attachment#3. Most of these items were proposed by Central in excess of the RFP requirements and will have only a minimal impact on service levels or City costs. The current annual subsidy is $132,000, down from $159,200 in 1994. A subsidy history from 1992 through 1995 is provided in Attachment#4. LEGAL CONSIDERATIONS The City has the right to accept or reject any and/or all proposals as it shall deem to be in the bes interest of the City of Wylie, Texas. STAFF RECOMMENDATION Staff is currently negotiating a final subsidy proposal from the bidder. The final proposal will be submitted to the City Council on Tuesday. ATTACHMENTS Attachment #1 - Proposed Subsidy for Ambulance Contract Attachment #2 - Subsidy / Price Trade-Off Attachment #3 - Ambulance RFP - Notes on items Central wants to change Attachment #4 - Subsidy History i ,eft4, MAQ. I, Prep d & Approve By City Manager Ap•roval ATTACHMENT #1 PROPOSED SUBSIDY FOR AMBULANCE CONTRACT Base Proposal - $142,866 (includes modification of existing facility) ALTERNATE PROPOSALS 1. $278,964 - Dedicated Ambulance Crew Central Ambulance Service proposes to staff one (1) dedicated MICU ambulance seven (7) days a week, twety-four hours a day, for the sole and exclusive use as identified in the procurement. 2. $142,865 - Increased Limits of Malpractice Insurance As outlined in Section VIII of this proposal, Central Ambulance Service will exceed the minimum insurance standards by offering medical malpractice insurance in the amount of$5,000,000. Due to our size and experience, there will be no additional subsidy required for this alternate proposal. 3. $189,868 - Fire Department Facilities Central Ambulance Service proposes to construct a facility suitable for use by the Wylie Fire Department according to the specifications outlined on page 73 of the RFP. 4. $126,865 - Ambulance Facilities Central Ambulance Service proposes to alter the ambulance facility requirements listed on page 62 of the RFP to include the ambulance facilities currently owned by Central Ambulance. This modification would only affect the exact dimensions of the proposed bay. The current facility has been housing Wylie Fire Department apparatus for the past several years. Modifications necessary to meet the specifications outlined in the RFP would require significant financial capital. By eliminating this specification, Central Ambulance Service proposes an annual subsidy reduction from the base proposal. In addition, Central Ambulance proposes to offer the sam insurance requirements as outlined in Alternative Proposal B, listed above. Simply stated, this alternate is based on continued use of the existing facility with no modification to the facility. 5. $126,865 - Contract Extension Central Ambulance Service proposes to alter the term of the contract from two (2) years plus possible future extensions to a five (5) year contract with possible extensions. This modification in contract length will-allow us to amortize the cost of our facilities refurbishment over a longer period of time, thus reducing the annual subsidy payment. The subsidy submitted under this option can be found in the Subsidy Section of our proposal. 6. No subsidy required if City assumes personnel costs associated with primary ambulance. ATTACHMENT #2 AMBULANCE CONTRACT SUBSIDY/ PRICE TRADE-OFF JANUARY 17,1996 USER FEES CUMULATIVE ALS / BLS SUBSIDY SAVINGS $280/ $200 $142,865 $0 $290/ $210 $139,396 $3,469 $300 / $220 $135,887 $6,978 $310 / $230 $132,458 $10,407 $320 / $240 $128,989 $13,876 $330 / $250 $125,520 $17,345 $340/ $260 $122,051 $20,814 $350/ $270 $118,582 $24,283 Each$10 increase in user rates results in a$3,469 reduction in annual subsidy. This Subsidy reduction can be applied to all of the alternate proposals under review. ATTACHMENT #3 AMBULANCE CONTRACT January 18, 1996 Ambulance RFP - Notes on items Central wants to change 1. Central proposed to increase the average compliance to response time to 95% ( increase from 90%) in year two of the contract, it would remain at 90%. 2. Central will not do any CEU training for City employees other than first responder personnel. 3. Cenrtral will restock Fire department supplies, one for one, on scene, except for rubber gloves. 4. Central wants some flexibility on the automatic return of the crew in situations were the distance is to great or inefficient for a direct return. 5. The 81 hours of free additional back up crew time on site will be optional. This is not a requirement in RFP, and would not effect the response performance. 6. The immediate upgrade in cardiac equipment proposed but not required in the RFP will now be done when the rest of the fleet is converted. ATTACHMENT#4 AMBULANCE CONTRACT SUBSIDY HISTORY JANUARY 17,1996 CONTRACT YEAR SUBSIDY Dec 1991-92 132,252 Dec 1992-93 159,200 Dec 1993-94 159,200 Dec 1994-95 132,000 W Wylie i yCouncil #7 Agenda Communication for January 23, 1995 _____„mm....millimi.............. ..mimmini, Annexation of Property Along FM 544 Corridor Issue Discuss and consider ordinances concerning the annexation of specific property along the FM 544 corridor. Background The City Council passed a resolution on September 26, 1995 calling for two public hearings to initiate the annexation process. Public Hearings were held on October 24, 1995 and November 14, 1995. The majority of the property along the FM 544 corridor was annexed on December 19, 1995. Tonight, Council will be asked to consider annexation of those properties that were tabled on December 19, 1995. There are several purposes for this annexation. It will allow the city to consolidate its city limit boundaries. This will also eliminate pockets of county land that are bounded on at least two sides by property in the city. This creates certain service delivery challenges. Many of the properties are along the most highly visible corridor (FM544) coming into the City of Wylie. In order to maintain the standards that the citizens of Wylie have come to expect, the city must annex said property to oversee and regulate future development. To clarify terms used in this annexation, listed below are: Unincorporated - this area is surrounded by the city limits, but the city has no jurisdiction as far as requiring building permits, housing inspection, code enforcement, or zoning, but the city does require any platting of land to follow the Wylie Subdivision Regulations. City/ETJ -this area is the same as unincorporated property except this property is within one mile of the current city limits, allowing enforcement of Subdivision Regulations (paving, drainage, water, sewer) if platted. City -this area must conform with all standards set by the city and all services are made available to property owners. A service plan has been established for this area. A service plan must include police protection, fire protection, solid waste collection, maintenance of water and wastewater facilities, and maintenance of roads and streets, including road and street lighting. Decisions regarding specific parcels may be difficult to make. The legal obligations established in the annexation code regarding the provision of services might on the surface appear to go against the best interests of a single property owner. The owner of property that will not be served with a brand new concrete street or with utility extensions that extend to the home/business structure, might believe that annexation is not in their best interest. However, the City will, in each and every instance, fulfill its legal obligation under the existing law. Police, Fire, Environmental Health and Code, Planning and Zoning, Park and Recreation, Water and Sanitary Sewer Services will be provided in accordance with existing City policies. Legal Consideration Local Government Code 43.053, Period of Completion for Annexation, states that the annexation of an area must be completed within 90 days after the date of the governing body institutes the annexation proceedings or those proceedings are void. The annexation will be in effect after passage by Council and publication of ordinance in the local newspaper. City Council must pass or reject properties before February 14, 1996. Financial Consideration Attached is a table showing the possible financial expenditures that the city would incur. Recommendation Staff recommends annexation of the remainder of the property located along the FM 544 corridor. Attachments Map of Area Annexed and Tabled Property Service Plan Financial Consideration ?01/4). ,c)' ‘‘ repared By Community Dev. App oval City Manager Approval • SERVICE PLAN for the 1995 - FM 54-4 Corridor Annexations WATER AND WASTEWATER SERVICE The Item Numbers listed below correspond to the attached annexation map. Item No. 10 Extend wastewater service from an existing 'nch sanitary 3 t act (Woods Scho(zsewer mai in the Ha aer • Business Park, east, approximately 1,000 feet to serve Parker). Item No. 1 Extend water service from an existing 8-inch water main along FM 1378, westward along the north line the Gladys Swanson tract, approximately 1,000 feet to serve the Witherspoon tract. Item No. 6 Extend water service from the existing 8-inch water main in the Premier Business Park, westward following Hensley Lane (C.R. 297), approximately 2,400 feet to serve eight tracts (Housewright, Hensley, Van Cleeve, Speed, Miller, Bradshaw, Caldwell, and Oliver). Item No. 4 Extend water service from the existing 20-inch water main along the south side of FM 544 to the north approximately 1,400 feet to serve six tracts (Brand (4), Wood, and Taylor). Item No. 8 . Crek- Extend wastewater service from the existing 24-inc B uddy and tra Interceptor Sewer 1 180 westward, along the north line of the 34.98 acre J.L. feet to serve two tracts (J.L. Brand and Dorothy Green, and J.L. Brand). Item No. 7 Extend wastewater service from the existing 21-inch Muddy tract.y Creek Interceptor Sewer eastward, approximately 700 feet to serve the Swanson Item No. 9 Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, across the Francis Bates tract and then along the common line of the 34.98 and 32.14 acre J.L. Brand and Dorothy Green Tracts, approximately 3,400 feet to serve eight tracts (Brand (3), Taylor, Wood, Lemmon, and Mannewitz). Item No. 2 Extend water service from the existing 12-inch water main along north side of FM 544 northward following Marshall Lane, northward and then eastward, approximately 2,400 feet to serve two tracts (Mannewitz and Lemmon). :item No. 3 • Extend water service from the proposed water main (Item No. 8 of this plan) northward, along the west line of the Mannewitz tracts, approximately 2,000 feet to serve three tracts (Mannewitz, Housewright, and Housewright). Item No. 11 Extend wastewater service from the existing 30-inch Muddy Creek Interceptor Sewer east and then northeasterly, along the tributary to Muddy Creek, approximately 2,900 feet to serve both the 17.5 and 37.96 acre Carlson tracts. POLICE AND FIRE PROTECTION The City will expand police and fire protection services as needed to meet changing requirements. MAINTENANCE OF WATER, SEWER, STREETS, ETC. The City will own and maintain all facilities constructed, dedicated, and accepted for public use. SOLID WASTE COLLECTION Provision of service to new customers is covered by the franchise agreement with the service provider. Service will be expanded as needed. FINANCIAL CONSIDERATIONS The following table shows the approximate projected costs (in today's dollars) of providing water and/or wastewater service to the properties being considered for annexation. The costs shown represent the cost to the City if the mains are funded entirely with City funds. It should be noted that in most cases, the cost of construction will be recouped when the properties being served are platted and developed, through impact fees, etc. These costs are projections only. Actual construction costs may vary in the future. • FM 544 CORRIDOR ANNEXATIONS No. of Cost per Total Tracts Tract Cost i No. 10 and wastewater service from an existing 8-inch sanitary sewer main in the Hooper Business 3 $5,600 $16,800 <, east, approximately 1,000 feet to serve 3 tracts. • i No. 1 • and water service from an existing 8-inch water main along FM 1378, westward along the 1 $24,000 $24,000 h line the Gladys Swanson tract, approximately 1,000 feet to serve the Witherspoon tract. No. 6 and water service from the existing 8-inch water main in the Premier Business Park, westward 8 $7,125 $57,000 )wing Hensley Lane (C.R. 297), approximately 2,400 feet to serve eight tracts. No. 4 end water service from the existing 20-inch water main along the south side of FM 544 to the 6 $11,667 $70,000 :h approximately 1,400 feet to serve six tracts. No. 8 and wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, 2 $14,400 $28,800 lg the north line of the 34.98 acre J.L. Brand tract, approximately 1,180 feet to serve two :ts. i No. 7 and wastewater service from the existing 21-inch Muddy Creek Interceptor Sewer eastward, 1 $16,800 $16,800 roximately 700 feet to serve the Swanson tract. No. 9 and wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, 8 $19,125 $153,00C roximately 3,400 feet to serve eight tracts. i No. 2 ' end water service from the existing 12-inch water main along north side of FM 544 northward 2 $53,000 $106,00C )wing Marshall Lane, northward and then eastward, approximately 2,400 feet to serve two ;ts. No. 3 and water service from the proposed water main (Item No. 8 of this plan) northward, along the 3 $24,000 $72,000 ;t line of the Mannewitz tracts, approximately 2,000 feet to serve three tracts. � No. 11 and wastewater service from the existing 30-inch Muddy Creek Interceptor Sewer east and 2 $46,800 $93,60C i northeasterly, along the tributary to Muddy Creek, approximately 2,900 feet to serve both 17.5 and 37.96 acre Carlson tracts. '4 IIIF A1007 849 Ronne Joe Housewr,ght .-A Tr 15 29.0 Acres ..„ ,tl Mast 849 r 1 6- - i Ronne Joe Housewright 16-9 ..' :. 290 Acres ,-'Pr..ti 1-- .w. ,,. Pest 849 Tr 17 c. J.M. Monnew,tz 28.81 Acres '- 1:-.:1-11-- - '' !... - ' '• -,'-' . ,...-.., ... _J 1 Pest 849 r Abst 849 Tr 20 , Tr 21 / .. .... k-, ' 1 J L. i JM Monnewitz I 1- Paul Toylor Brood - V. . . 27452 Acres POirKP 22.4 Acres 1)10.95 Ac. ,-. " ; 'Abst 849 :4!" .,, if---- I% r" .. . -.' . ikef44.- II r.,--. - '' ;•. • -.4,. ' e - ..... JL _ . ,,„ I i ...........J......... . .1 ,.."'cil:.:S.-1)-- . • , : 1 . I 1 I 'r:tt...---,...0.78 Acres - ,.., ..Arobs . . ..,, W.I.S.D II 9.9031 Acres-. .. o' ,t.' ...- ,. • . , - - - - - I ' .-,A4 .., .., 11 r-a ..',..' 4 Acres,." .."..42 .6.: „-- lio „ _ . • V.3.50 33.9 Acres , A 1 ''''Y t' .-'. , ..... la. .. ':7,, ,.„,......., , 1 d LW, i C -1;131e41 , .,. , C , B,rn,nghon Lond Trust . Ci'.0-?fAcYrel'se ,' Agr,cu1ture Born I 46.13 Acres f ..4 q 1 Fose0( . , 4, .4441rafiei' i4 ,,,,,,, _.,„,igatle4'.3.1,4''' ,,, : ,, i ili•,:ifi.-,-_-' Moro,I Worth lit-4-1 RI• i 1 v.v.,,, SP." ri"Ar. 7 :4e0'7. 10E78 Ac 1029 AC 10.956 Ac 1 i''. .4:7,7''' • 1 I To; ,._ 1 I -... . • '-' ' fy i City Loan i agenda Communication for January 23, 1995 Res olution Declaring February Fair Housing Month Issue Discuss and Consider approval for a resolution designating February, 1996 as Fair Housing Month. Background The City of Wylie received a Texas Community Development Program grant in 1995 for water and sewer improvements. A requirement of this grant is to designate February, 1996 as Fair Housing Month. Approval of this resolution affirms this City's commitment to fair housing and states that Wylie desires a community that offers an opportunity for everyone to obtain fair housing regardless of race, color, sex, religion, or national origin through fair, orderly and lawful procedures. The City further recognizes that the denial of fair housing for any of the above mentioned reasons is detrimental to the health, safety, and welfare of the inhabitants of the City and constitutes an unjust denial or deprivation of such rights. Southwest Consultants, the TCDP grant administrators, placed a fair housing announcement in the Wylie News in the January 16th addition as required by this grant program. A copy of this notice is attached. Board Recommendations N/A Financial Considerations N/A Legal Considerations This resolution is a requirement of the 1995 Texas Community Development Program grant. Staff Recommendations City Staff recommends approval of a resolution designating February, 1996 as Fair Housing Month. Attachments Resolution, Announcement copy Prepared By Community Dev. Approval City Mgr. Approval CITY OF WYLIE, TEXAS RESOLUTION NO. A RESOLUTION DESIGNATING THE MONTH OF FEBRUARY, 1996, AS FAIR HOUSING MONTH AND SUPPORTING FAIR HOUSING ACTIVITIES WITHIN THE CITY. Whereas, the City desires to develop a community that offers an opportunity for each citizen to obtain fair housing without regard to race, color, sex, religion, or national origin through fair, -orderly, and lawful procedures; and Whereas, the City recognizes that the denial of fair housing for each citizen through considerations based on race, color, sex, religion, or national origin is detrimental to the health, safety, and welfare of the inhabitants of the City and constitutes an unjust denial or deprivation of such rights which is in the power and proper responsibility of government to prevent; and Whereas,the City desires to affirmatively further fair housing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE: The City of Wylie hereby proclaims the month of February, 1996, as Fair Housing Month and all citizens are encouraged to join activities designed to further the fair housing objectives of Title VIII of the Civil Rights Act of 1968. Resolved this day the of January, 1996,by the City Council of the City of Wylie, Texas. APPROVED: Mayor ATTEST: City Secretary SOUTHWEST CONSULTANTS Page 2 PUBLIC SERVICE ANNOUNCEMENT FAIR HOUSING, IT'S THE LAW Fair housing is a national policy of the United States and is a policy of the City of Wylie. To promote fair housing practices, the City of Wylie encourages potential homeowners and renters to be aware of their rights. The City has designated February, 1996 as Fair Housing Month. Tittle VII of the Civil Rights Act of 1968, as amended, prohibits discrimination against any person on the basis of race, color, religion, sex, age, handicap, familial status or national origin in the sale or rental of units in the housing market. For more information on fair housing or to report possible fair housing discrimination, call the U.S. Dept. of Housing & Urban Development's toll-free hotline at 1-800-669-9777. Wylie City Council ii IFfg¢nda Communication for January 23. 1996 Public Hearing and Approval of Zone Change at 300 E. Marble unimmummumminimmimmi Issue Hold Public Hearing and Consider approval of a zone change from SF-3 to B-2 for property located at 300 E. Marble and further described as Lot 1, Block 36 in the Railroad Addition. Background The City of Wylie has initiated a zone change request for property on which Conley Equipment Company operates a farm/lawn equipment sales company. The Conley Equipment Company submitted plans for an addition to their existing building on October 24, 1995. A review of the request uncovered the fact that approval was given in 1993 for construction of the original, existing building on land that was not zoned property for the requested land use. Research of the original building permit shows that the approval was given during the time an interim Building Official was in charge and the zoning issue was not recognized. The City acknowledges that the property/business owner should not be adversely affected by this action of the City. Staff determined that the land use is consistent with the Comprehensive Plan and it is appropriate for a zone change to be approved. All of the businesses along Hwy. 78 in this vicinity are zoned Retail, B-1, B-2 or Industrial. This B-2 zoning classification which allows uses which are not generally carried on completely within a building, would be appropriate for the Conley Equipment Company and would be consistent with the City of Wylie's Comprehensive Land Use Plan. Board Recommendations The Planning &Zoning Commission at their January 15, 1996 Regular Business Meeting approved a motion to recommend that the City Council approve the zone change from SF-3 to B-2 for the property located at 300 E. Marble. Financial Considerations N/A Legal Considerations A situation could occur, in the future, for example the sale of the property, in which it would be recognized that the property is not zoned for the existing land use. This rezoning corrects the situation now and brings the property into proper compliance. Staff Recommendations City Staff recommends approval of the zone change from SF-3 to B-2. Attachments Zoning Map of the property and related Planning & Zoning material. L{Ja . Prepared y Community Dev. Approv I City Mgr. Approval SUP B -- 1 SF - 3 I 94 - 6 86 - 53 73 12 7 • B -1 R 94/14 • oi------ ---- , g I__ic, ___.....4_BrL, i____:_____O //�...�I L \ rL/ f -^ 1 t l F a , , F -_I L_ - / . ,,,,, -- - -- -- Jef eraon i" a , , . , �O — — I , A ...P -- 1 i — - �..� -, _ = r — -Wort) a yoke ,' -j r-- ---, r--Dle- ` {-- jrtz..4, 5 ' j _1 1 1 t !--- L Qak 1 v — Oak — '+L — —S F 7 1 F— d j , — jN! Odd • 8 --/i -g; . ,. ______,. ,-----L,- �. j J _, _I�IL� ! LIi_ll[[ � P D -� 1 11( P MosteTrra �,,[ 8 7 —41 ~ 1 f ! /,� • .1 L l l 1�:1� Loi 11 ji 1»r i , _, �FTemr , j i'' NI I,}„I ,}�,' � I I \ AkTn Lone r•-' ,_ J ~ ---- ! / .fD �Nr� 1M, ri - __J ' -- , •' • ., ,_ I \ ' : , I I ,..z t - I •� r B —i 94 - 45 fit..&26' : : SF - 3\ 77H7• SF - 2 ' ,, R83 - 1 R P--'-' " 3 — ;Q 8 6—1 9 , R 8 4 —2 0 R R •B2741 8 4 —6 1 85 - 110 • R g _ 1 83 - 12 86 -79 ie CITY OF WYLIE 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-8100 • FAX 442-4302 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday January 15, 1996 at 6:30 p.m. and if action is taken, the City Council will hold a Public Hearing on Tuesday, January 23, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of a zone change from SF-3 to B-2, initiated by the City of Wylie for property located at 300 E. Marble and further described as follows: Lot 1, Block 36 out of the Railroad Addition. As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Marble Return this form to : Lisa Price, Technical Coordinator P.O. Box 428 Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name Address Itilyi. city Council #10 agenda Communication for January 23, 1995 Resolution amending Allowable Uses Within Zoning Classification Issue Discuss and Consider approval of a resolution that would amend the list of allowable uses within the zoning ordinance adding "Batch Plant (Permanent)" Background A formal request was made on December 28, 1996, from Bodin Concrete to construct a ready mix concrete plant at 1502 West Kirby (FM 544). The category for"Batch Plant (Permanent)" is not listed in the Zoning Ordinance. This request required that the City make a determination as to whether this land use would be appropriate within an existing land use category or if an SUP would be required. The Zoning Ordinance allows the building inspector to request this recommendation from the Planning and Zoning Commission after providing information regarding the nature of the operation, its use and so forth. The Planning &Zoning Commission, at their January 15, 1996 meeting, considered the issue of whether the operation of a batch plant should be an allowable use within the "I" - Industrial District. Approving this amendment would allow the operation of a batch plant in any "I" Industrial District anywhere in the City. The Commission also considered the issue of whether the batch plant operation should be an allowable use within the "I" - Industrial District, but must be granted a Special Use Permit (SUP). This action of requiring a batch plant business to operate under a SUP would have the effect of allowing the P&Z and City Council to consider requests to operate a batch plant on a case-by-case basis. The P&Z considered these issues and recommended that the operation of a batch plant be listed as an allowable use with an "I" - Industrial zoning classification. The basis for the recommendation was their understanding that any SUP must be reviewed after 18 months. The P&Z concluded that an industry would be unwilling to make an investment if the potential existed that its operations could be suspended after 18 months. The "18 Month Review" Rule was a process that Staff had accepted as a requirement in the ordinance. However, after a thorough review of legal considerations, Staff (including our City Attorney) believes the 18 month review has no legal standing. Therefore, the SUP could be approved and granted as a permanent zoning classification. The P&Z did not have this information at their meeting. The issue immediately before the City Council, is not to approve the batch plant operation requested by Bodin Concrete. The specific issue of Bodin should be considered after the classification issue is resolved. If the City Council rejects the recommendation from Planning and Zoning and approves the amendment to the Zoning Ordinance that a batch plant can only operate with a SUP within an "I" - Industrial District zoning, another process could be triggered. The granting of a SUP to a specific business requires Public Hearings before Planning &Zoning and the City Council. The events relating to other industries located in the vicinity of the proposed batch plant site and the residents reaction to those situations would suggest that the citizens would welcome an opportunity to participate in this decision regarding the batch plant operation. The TNRCC will also conduct Public Hearings before the agency approves an Operating Permit. Requiring that the batch plant operate under a SUP also provides the City the opportunity to require specific mitigation measures that would address specific concerns that citizens, the City Council or P&Z might have regarding batch plant operations. The TNRCC has also provided the information enclosed that deals with the exception that is allowed by the TNRCC for permanent batch plants. Bodin will have to make application for a permit from the TNRCC for the operation of a batch plant in the City of Wylie at this specific location, or make application for the above mentioned standard exemption for their operation. Attached is a letter from Bodin that lists pertinent facts regarding site data, plant usage and employment details. This information is required in the Comprehensive Zoning Ordinance, Section 29 to assist in the determination of the most appropriate classification for an unlisted use. The Planning and Zoning Commission is required to relate its findings and recommendations to the City Council. The Council shall, by resolution, approve the recommendation or make such determination concerning the classification of such use as is determined appropriate based upon its findings. Board Recommendations The Planning and Zoning Commission, at their January 15, 1996 regular business meeting recommended to Council that the zoning classification for this item be listed in the "I" (Industrial) use category. Financial Considerations N/A Legal Considerations N/A Staff Recommendations City Staff recommends that "Batch Plant (Permanent)" be classified as a use allowed in the "I"-Industrial District as a Specific Use. This recommendation was given to the Planning and Zoning Commission. All Specific Use permits that have been issued in the past have had an 18 month review placed on them. Provisions of the Zoning Ordinance allow for either a Specific Use without review or a Temporary Specific Use that expires in 18 months. The Planning and Zoning Commission recommended "I" - Industrial as the appropriate district. They believed the 18 month review, which historically had been applied to all SUP's , could cause undo hardship on a business operator who might have large monetary investment in a business. Staff has contacted the P&Z members and, in light of the interpretation on the time period for review, all of the Commission members contacted feel the "I" - Industrial District - Specific Use is more appropriate. Attachments Statement of facts from Bodin Concrete and related P&Z material. Prepared B Community Dev. Approv I City Mgr. Approval RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION PLACING THE UNLISTED USE OF "BATCH PLANT (PERMANENT)" IN "I" - INDUSTRIAL DISTRICT, SPECIFIC USE, PURSUANT TO SECTION 29 OF THE ZONING ORDINANCE. WHEREAS,the Zoning Ordinance of the City of Wylie recognized that unlisted or new uses may seek to locate in the City of Wylie, and WHEREAS, the Zoning Ordinance of the City of Wylie contains provisions by which the Planning and Zoning Commission shall consider the use based on its activity and nature, and WHEREAS, the Planning and Zoning Commission shall determine and recommend to the City Council a zoning district appropriate for the use, and WHEREAS,the Planning and Zoning Commission has recommended "I" -Industrial District, Specific Use, appropriate for "Batch Plant (Permanent)", and WHEREAS, the City Council can, after recommendation by the Planning and Zoning Commission, amend the Zoning Ordinance by resolution for an unlisted use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, THAT: The Zoning Ordinance of the City of Wylie be amended to include "Batch Plant (Permanent)" in the allowed uses of the "I" - Industrial District, Specific Use. DULY PASSED AND APPROVED on this the 23rd day of January, 1996. James D. Swartz, Mayor Susan Shuler, City Secretary Texas Natural Resource Conservation Commission Standard Exemption List 71. Any permanently or temporarily located concrete plant*that accomplishes wet batching, dry batching, or central mixing, and operates in compliance with the following conditions: (a) All stockpiles shall be sprinkled with water and/or dust-suppressant chemicals as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times. (b) A mechanism shall be installed on each bulk storage silo to warn operators when the silo is full. (c) All permanent in-plant roads (batch truck and material delivery truck roads) shall be paved with a cohesive hard surface that can be repeatedly swept, washed, and maintained intact and cleaned as necessary to achieve maximum control of dust emissions. All batch trucks and material delivery trucks shall remain on a paved surface when entering, conducting primary function, and leaving the property. Other areas on the property subject to vehicle traffic shall be watered, treated with dust- suppressant chemicals, oiled, or paved and cleaned as necessary to achieve maximum control of dust emissions. (d) The cement weigh hopper shall be vented to its own fabric filter or the central collection system specified in condition (f). (e) All bulk storage silos shall be equipped with fabric filter(s) having a maximum filtering velocity of 4.0 feet per minute (ft/min) with mechanical cleaning or 7.0 ft/min with automatic air cleaning or shall be vented to the central collection system specified in condition (f). (f) The dust emissions at the batch drop point (drum feed for central mix plants) shall be controlled by a shroud or other pickup device delivering a minimum of 4,000 actual cubic feet per minute of air to a fabric filter with automatic air cleaning and a 7.0 ft/min maximum filtering velocity, or automatic sequenced mechanical cleaning (not manually activated) and a 5.25 ft/min maximum filtering velocity. (g) Unless the facility is to be located temporarily in or contiguous to the right-of-way of a public works project, public notice and opportunity for public hearing, as specified in Section 116.10(a) (3) and (4) and (b), must be published and documentation provided to the Texas Natural Resource Conservation Commission (TNRCC). A temporarily located plant exempt from public notice may provide concrete for the same contractor for project segments with the same governmental entity, but may not produce concrete for other unrelated projects or other governmental entities. (h) Spillage of cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened so that dust emissions from wind erosion and/or vehicle traffic are minimized. (i) All open-bodied vehicles transporting material from a dry batch plant to the paving mixer(s) shall be loaded with a final layer of wet sand and/or the truck shall be covered with a tarp to reduce the emissions of dust to the minimum level possible under existing conditions. (j) Before construction of the facility begins, written site approval shall be received from the Executive Director of the TNRCC, and the facility shall be registered with the TNRCC Office of Air Quality in Austin using Form PI-7, including a current TNRCC table 20. A temporarily located concrete facility occupies a designated site for not more than 180 consecutive days or supplies concrete for a single public works project or for the same contractor for related project segments, but not other unrelated projects. UL 111 I.V II VI\I- 1 �..1... . SIice.. 14.t_ 4a-r -r 1 J V 11 J ✓�. 1I 1 L ,J V l v V L 11 V V V v V L • cr _Amos 11 . Tr o in 0 O P.O. BOX 109 ROWLETT. TEXAS 75088 4810 BOYD BLVD. ROWLETT, TEXAS 75088 475-8118 Proposed Ready Mix Concrete Site Use Ready Mix Concrete Plant Site Data: Sec Figure 2 The subject site was formerly.a ready mix facility known as Eagle Ready Mix, Inc.. The property is located at 1502 Kirby(FM 544),Wylie, Collin County, Texas. The property consists of approximately 173,107 square feet of land area supporting 6,520 square feet of building improvements. Currently, the front one-quarter of the subject is improved with an office building and associated site improvements(i.e., paved parking, landscaping, etc.). Additionally, there is a single family residential structure in poor condition, this building will be torn down. The rear three-quarters of the site is generally paved with reinforced concrete and is surrounded by a+/-6' chain-link fence with a 3-strand barb-wire top. This paved, fenced portion of the property has a 40' x 60' metal industrial,building located in relatively close proximity to the office on the front quarter of the property. There are also bays formed by concrete blocks located around the paved area. The temporary, portable"office" building and sheds on this portion of the subject will be removed. Site improvements The subject property is improved with several structures which supported the previous concrete ready-mix facility. These structures include: (1) +/.-2,220 SF office building with paved parking and perimeter walks; (2) +/-2,400 SF metal/steel hanger style building with office area; (3) +/- 1,900 SF residential structure with attached garage; and (4) a temporary portable"office" and sheds which are of no contributory value that will be removed. There is an estimated 72,000 SF of concrete paving on the site, including the drives, parking and work areas. Additional items include various landscape items and a six-foot perimeter security fencing, UU1N LuNLKt I t LU . iI'4L I tL • cis+-4 r J"G1ly fait IL 7o iv • vc siu . VU., V .V.) Conde Plant A Vince-Hagen dry batch concrete plant with 600 barrel cement storage silo, 300 barrel fly ash silo and required dust abatement equipment will be erected on site. Aggregate storage bunker A will contain approximately 2000 tons of rock; aggregate storage bunker B will contain approximately 1500 tons of sand. EMpinymeft It is our intention within 12 months of purchasing the new facility to move the corporate office from its current location to this site. Bodin Concrete Company,Inc. currently employs approximately 65 employees with sales of approximately$15 million. Moving to the new site will enable us to add an additional 20 employees to the company and hopefully increase sales by$5 million. If the special use permit is granted,Bodin Concrete Company, Inc. hopes to have the facility operational within 60 days. UL IN LUNLML I t l.0 . lIVl I GL •L14-4 f J-G117 JdII 1L 70 10 .V.) U .Uu..) FILE COPY Page 1 of 2 CITY OF WYLIE . P.O. BOX 428 WYLIE, TX 75098 PPLII ATIQN FOR SPECIFICz USE PERMIT Case No. SUP Date Submitted 12-28-85 _ Filing Fee $ 22.5.00 Applicant BODIN CONCRETE CO. , INC. Address 4810 BOYD BLVD. Phone No. 214 475-8]18 ROh'LETT, TX. 75988• Work No. same as above 1 1 Owner Tenant Prospective Purchaser X Legal description of property for which Specific Use Permit is requested (if additional space is needed, the description may be typed legibly on a separate sheet and attached hereto)2 SEE ATTACHED SCHEDULE "A" I hereby request that a Specific Use Permit be issued for the above described property for: RET)I-MIX CONCRETE OPERATION The current zoning on this property is _I- INDUL'R]:A1, These are/are not deed restrictions pertaining to the intended use of this property. I have attached hereto as Exhibit A a plat showing the property which is the subject of this requested Specific Use Permit and have read the following note concerning the importance of my submitting to the City a sufficient legal description. PERRY PRESIDENT U111N LUNLML { t LU . 1NL Jdfl IL JD 1Li • UJ NU .UUJ r .u• • • Page 2 of 2 1 If the applicant Is someone other than the owner,written acknowledgement by the owner of the request must also be submitted. SEE ATTACHED LETTER FROM EAGLE READY MIX, CURRENT OWNERS OF THE PROPERTY. 2 The legal description is used to publish the notice of the required hearing and in the preparation of the final ordinance granting the Conditional Use Permit. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared Invalid at some later date because of an insufficient legal description. R UDIN LUNLKtIt LU . LNL ItL :L14-4 (D'G11 Jdfl IL `Jb 10 •U4 NU .UUJ r' .UC. SCHEDULE "A" 1. Legal description of land: Being all that certain lot, tract or parcel of land situated in Collin County, Texas, being out of the E.C. Davidson Survey, Abstract No. 266, being part of a 45 acre tract of land described as the Second Tract of a deed from Susie O. Hall, et al, to E. Nathan Eldridge recorded in Volume 314, Page 512, • Collin County Deed Records, and being the same 3 . 97 acre tract of land described in deed from C.B. Collinsworth and wife, Earlena to Jack C. Shipman and wife, Vicki, recorded in Volume 195, Page 759, Collin County Deed Records and being more particularly described as follows : BEGINNING at an iron pipe found for corner in the South line of the St. Louis and Southwestern Railroad Company, said point being the Northeast corner of said 3 .97 acre tract; THENCE South 838 . 19 feet to an iron pipe found for corner in the North line of F.M. 544, said point being the Southeast corner of said 45 acre tract; THENCE South 88 degrees 38 minutes 31 seconds West 208 . 00 feet along the North line of said F.M. 544 to an iron pipe found for corner; THENCE North 00 degrees 00 minutes 29 seconds West 826 . 31 feet to an iron stake set for corner in the South line of said Railroad R.O.W. , said point also being the Northwest corner of said 3 . 97 acre tract; THENCE North 85 degrees 22 minutes 59 seconds East 208 . 70 feet along the South line of said Railroad R.O.W. to the PLACE OF BEGINNING and containing 3 . 974 acres of land, more or less. • ODIN LUNLKLIt LU . 1NL ILL :L14-4 (D-t511y Jan 1L yb 16 :U4 NO . UUJ r .U( IHE C'PPNEY COMPCH1ES tl2( bJ0 G 1 t J ...< EAGLE READY MIX CONCRETE, INC. P.O. BOX 1665 ROANOKE, TEXAS 76262 BODIN CONCRETE, INC. ATTENTION: RICHARD KELLEY RE: PROPERTY AT 1502 W. KIRBY, WYLTE• TEXAS LEGAL DESCRIPTION 3 .57 ACRE TRACT OF LAND) VOL. 195 PAGE 759, COLLIN COUNTY DEAR MR_ KELLEY, YOU HAVE OUR ,'ERMISSION TO VILE FOR A SPECIAL USE PERMIT WITFI RTY. IF I ECITY CAN BE OFLFURTHER ABS STANCE, PLEASE FEEL IE ON THE ABOVE REFERENCED FREETO CONTACT ME. THANK YO • • L.V. CHAN EY• TOTAL P.02 UDIN LUNLKtIt UU . 1NL ILL ; L14-4(b-t11. Jdfl 11 Jb 1 -VD NO . UVJ r .ub 20B:70_r..N85'22:59_ i 1 1 , I N I ! . 1 I I 1 1 , I I s I I ii ' i I 1 I i I LEGEND - 1 I , ---------- PROPERTY LINE 21 Additional. Equipment if:', -- DRAINAGE FLOW . 1 Parking I � w-1: i.i; A. Office Bldg. B. Shop Bldg. C. Concrete Mint tE I D. Sand Bunker E. Rock Bunker , D I �,/� F. Above Ground Diesel Tank ! ! ; X Iv) 1= G „ I 14.,.._ •t)• . i i . . i I. z; Equipment 01 Parking Di N' LP. 41 Employee 4 Parking f A I 1 I I i 208. 00 588'3.8'31 "W FM 544 (KIRBY ) E I GURE 2 - SITE SCHEMATIC II U LI1N LUIYL rsC— IL l.U . 111l., ILL •L1•-• •-, l J 011L. •.ICH .....- J- 10 • V.... I1!, JV t .VJ 1. • r -7 6 )N'%04 -5 L I 2 7 .. „goo ,_ _.. .,f, „Ariii2c itt4A • A . ......, . i , . 1. -7 4 / A A S F .-. i • a ) 1 8 5 "1 00 PM! 1,111I , r, 1 L� • .1 1 ;;;:141, I I � 1 (NI -twil11ttTjWIF[IT 84 .-3 • 0 85 -• 19 3 ,...,, •c -- +s• ue Yin', �IL-D( �I1 . 4.cr I1W 11 � ., E....... . „zsi --1;—.:----- --3—.--„,"7, !K- •., --I i------... . . > , , • Z..1 i FP .. . .../ 4 (Ai ' �" • . R 14 • 7 1 A,t_...,,,,..:J !I s+ rA M {•-• 1 �• Nrl �1 �L L t l 8 6 ---5 8 , _.. imaneuir me aill lowo rk . 1 - --�. (! ) I ��• ......, . -921� 8 --2 �` A•�1.1 P 1 \:_ _ , .. i.,.., .. ______ __ . ,..... ZONING MAP MI Illlylie CityCouncil #11 figenda Communication for January 23, 1995 Adaptlon floodplain Management Ordinance Issue Discuss and Consider Adoption of Floodplain Management Ordinance in compliance with Federal Emergency Management Agency (FEMA) and the National Flood Insurance Program (NFIP) regulations. Background NFIP regulations require participating communities to adopt certain floodplain management measures. The City has received official notice that it has until January 19, 1996 to adopt floodplain management measures that satisfy the requirements of Section 60.3(d) of the regulations and have them approved by the Regional Office. Wylie will be suspended from the NFIP unless the measures are approved by Council. Please note that there are serious implications when a community is suspended from participation in the NFIP. When a community is suspended from the NFIP, flood insurance may not be sold or renewed within that community; 3-year insurance policies remain in force only until the end of the current policy year; and the remaining premium for years 2 and/or 3, which was prepaid, will be refunded. In addition, the community is subject to the provisions of Section 202(a) of Public Law 93-234, as amended. This section prohibits Federal officers or agencies from approving any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan, or grant (in connection with a flood), for acquisition or construction purposes within Special Flood Hazard Areas (SFHAs). For example, this would prohibit mortgage loans guaranteed by the Department of Veterans Affairs, insured by the Federal Housing Administration, or secured by the Rural Economic and Community Development Services. Section 202(b) of Public Law 93-234, as amended, also requires federally regulated lending institutions to notify, as a condition of making, increasing, extending, or renewing any loan secured by improved real property situated in such SFHAs, the purchaser or lessee of such property of whether, in the event of a disaster caused by flood to such property, Federal disaster relief assistance will be available to such property. The Regional Office of FEMA has notified the City of Wylie of the need to adopt the latest requirements as part of the City's Floodplain Ordinance. Staff has discovered that the City does not currently have an up to date Floodplain Ordinance. In order to adopt the latest NFIP regulations, the City must first adopt an overall Floodplain Ordinance. The attached ordinance is a comprehensive model prepared by FEMA for use by communities like Wylie. This ordinance was prepared by the City Attorney and includes all of the latest communities. Staff has been in contact with the Regional offices of FEMA with regard to the deadline. The regional office has informed Staff that even though the Federal Government was shut down for several weeks, no extensions on the January 19, 1996 deadline will be granted. However, the Regional Office has agreed to hold their shipment of documents to the Federal Office until Wednesday morning, January 24, 1996. Council can thereby adopt the ordinance dated January 19th, on the January 23, 1996 meeting. The Ordinance can be signed and copies delivered to the FEMA regional office the next morning and the City will be in compliance. Board Recommendations N/A Financial Considerations N/A Legal Considerations See above Staff Recommendations Staff recommends adoption of the Floodplain Ordinance. Attachments Floodplain Ordinance, FEMA letter copy. c&j&cr,4-1, I otAALC08:1479-4 Prepared y Community Dev. Approva City Mgr. Approval 4 ♦t; = 1,! Federal Emergency Management Agency a !IIII'" ; Washington, D.C. 20472 0 1. DEC 151995 CERTIFIED MAIL RETURN RECEIPT REQUESTED The Honorable Jim Swartz Mayor, City of Wylie P.O. Box 428 Wylie, Texas 75098 . Dear Mayor Swartz: The National Flood Insurance Program (NFIP) regulations (copy enclosed) require participating communities to adopt certain floodplain management measures. Please consider this an official notice that the City of Wylie has until January 19, 1996, to adopt floodplain management measures that satisfy the requirements of Section 60.3(d)of the regulations and have them approved by our Regional Office. Your community will be suspended from the NFIP effective that date unless these measures are approved by then. This will be your final notice of suspension. I realize your community may be in the final adoption process, or you may have recently adopted the required measures. These measures, which should be submitted to the Director, Mitigation Division, Federal Emergency Management Agency, Federal Regional Center, Room 206, 800 North Loop 288, Denton, Texas 76201-3698, will be reviewed upon receipt. Our Regional Office staff will inform you of your community's continued eligibility if your measures are approved, or will assist your community if they find your measures to be deficient. As in previous correspondence, we urge you to contact our Regional Office if your community is encountering difficulties in enacting the required measures. Our Regional Office can be reached at (817) 898-5127. Please note that there are serious implications when a community is suspended from participation in the NFIP; and, therefore, I have taken an opportunity to describe some of these implications below. When a community is suspended from the NFIP, flood insurance may not be sold or renewed within that community; 3-year insurance policies remain in force only until the end of the current policy year; and the remaining premium for years 2 and/or 3, which was prepaid, will be refunded. In addition, the community is subject to the provisions of Section 202(a)of Public Law 93-234, as amended. This section prohibits Federal officers or agencies from approving any form of loan, grant, guaranty, insurance, payment, rebate, subsidy, disaster assistance loan, or grant (in connection with a flood), for acquisition or construction purposes within Special Flood Hazard Areas (SFHAs). For example, this would prohibit mortgage loans guaranteed by the Department of Veterans Affairs, insured by the Federal Housing Administration, or secured by the Rural Economic and Community Development Services. Section 202(b) of Public Law 93-234, as amended, also requires federally regulated lending institutions to notify, as a condition of making, increasing, extending, or renewing any loan secured by improved real property situated in such SFHAs, the purchaser or lessee of such property of whether, in the event of a disaster caused by flood to such property, Federal disaster relief assistance will be available to such property. 2 Please note that the Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for your community have been prepared in our countywide format, whereby the flood hazard information for all jurisdictions within Collin County has been combined into one FIS and FIRM. If the FIRM for your community was computer generated, once the FIRM is published in final format, the digital files containing the flood hazard data for the entire county can be provided to your community for use in a computer mapping system. These files can be used in conjunction with other thematic data for floodplain management purposes, insurance purchase and rating requirements, and many other planning applications. Copies of the paper and digital maps will be available through our Map Service Contractor at 1-800-358-9616. In addition, your community may be eligible for additional credits under the Community Rating System if you implement your activities using digital mapping files. For a suspended community to regain eligibility in the NFIP, it must submit a new application and enact floodplain management measures established in Section 60.3. During the period of suspension from the NFIP, if the community permits development to take place in the floodplain that aggravates the flood hazard, the community will be required to remedy the increased hazard to the maximum extent possible before eligibility can be restored. Again, we urge you to contact our Regional Office staff if you need assistance or have any questions. Sincerely, Robert H. Volland Acting Deputy Associate Director for Mitigation Enclosure • CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD • LOSSES IN ACCORDANCE WITH 44 CFR, CHAPTER I, PART 60.3(b) OF THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP); ESTABLISHING AREAS OF SPECIAL FLOOD HAZARD IN THE JURISDICTION OF THE CITY OF WYLIE, TEXAS; DISCLAIMING LIABILITY FOR LOSSES OUTSIDE THE AREAS OF SPECIAL FLOOD HAZARDS; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Legislature of the State of Texas, in §401.003 of the Local Government . Code, has delegated to the local governments the responsibility to adopt regulations designed to minimize flood losses; and WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it is in the best interest of the citizens of the City of Wylie, Texas ("Wylie") to adopt regulations to minimize flood hazards in Wylie. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: ARTICLE 1 OBJECTIVES SECTION A: FINDINGS OF FACT. (1) The flood hazard areas of Wylie are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, and extraordinary public expenditures for flood protection and relief, all of which adversely affect the public health, safety and general welfare. (2) These flood loses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, flood proofed or otherwise protected from flood damage. SECTION B: STATEMENT OF PURPOSE. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 1 rbU:\mbox8\wylie\floodpin.ord\1/16/96\#940272.202 (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. SECTION C: METHODS OF REDUCING FLOOD LOSSES. In order to accomplish its purposes, this ordinance uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. ARTICLE 2 DEFINITIONS Unless specifically defined below, words or phrases used in this ordinance shall be interpreted to give them the meaning they have in common usage and to give this ordinance its most reasonable application. ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 2 rb\i:\mbox8 Wylie\floodpin.ord\1/16/96\#940272.202 ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. APEX - means a point on an alluvial fan or similar landform below which the flow path of the major stream that formed the fan becomes unpredictable and alluvial fan flooding can occur. AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM) with a one percent chance or greater annual chance of flooding to an average depth of one to three feet unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, A1-99, VO, V1-30, VE or V. BASE FLOOD - means the flood having a one percent chance of being equaled or exceeded in any given year. BASEMENT- means any area of the building having its floor subgrade (below ground level) on all sides. CRITICAL FEATURE - means an integral and readily identifiable part of a flood protection system, without which the flood protection provided by the entire system would be compromised. DEVELOPMENT- means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING- means a nonbasement building (I) built, in the case of a building in Zones A1-30, AE, A A99, AO, AH, B, C, X, and D, to have the top of the elevated floors, or in the case of a building in Zones V 1-30, VE, or V, to have the bottom of the lowest horizontal structure member of the elevated floor elevated above the ground level by means of pilings, columns (posts and piers), or shear walls parallel to the floor of the water and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X, and D, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In the case of Zones V 1-30, VE, or V, "elevated building" also includes a building otherwise meeting the definition of"elevated building," even though the lower area is enclosed by means of breakaway walls if the breakaway walls met the standards of Section 60.3(e)(5) of the National Flood ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 3 rbU:\mbox8\wylie\floodpin.ord\1/16/96Vi940272.202 Insurance Program regulations. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waters. (2) the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD HAZARD BOUNDARY MAP (FHBM) - means an official map of a community, issued by the Administrator, where the boundaries of the flood, mudslide (i.e., mudflow) related erosion areas having special hazards have been designated as Zones A, M, and/or E. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. FLOODPLAIN OR FLOOD-PRONE AREA - means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 4 rbM:\mbox8\wylie\floodpIn.ord\1/16/96'#940272.202 FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING- means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. FUNCTIONALLY DEPENDENT USE - means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE - means any structure that is: (1) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or (4) Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: (a) By an approved state program as determined by the Secretary of the Interior or; ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 5 rb11:\mbox8\wylie\floodpin.ord\1/16/96\#940272.202 (b) Directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR- means the lowest floor of the lowest enclosed area (including basement). .An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non- elevation design requirement of Section 60.3 of the National Flood insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and include any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 6 rbV:\mbox8\wylie\floodpin.ord\1/16/96\#940272.202 RECREATIONAL VEHICLE - means a vehicle which is (I) built on a single chassis; (ii) 400 square feet or less when measured at the largest horizontal projections; (iii) designed to be self- propelled or permanently towable by a light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal barrier Resources Act (Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the . construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT- means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: (1) Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or(2) Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - is a grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 7 rb\I:\mbox8\wylie\floodpin.ord\1/16/96\#940272.202 VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3 (b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. ARTICLE 3 GENERAL PROVISIONS SECTION A: LANDS TO WHICH THIS ORDINANCE APPLIES The ordinance shall apply to all areas of special flood hazard within the jurisdiction of Wylie. SECTION B: BASIS FOR ESTABLISHING THE AREAS OF SPECIAL FLOOD HAZARD. The areas of special flood hazard identified by the Federal Emergency Management Agency on its Flood Hazard Boundary Map (FHBM), Community Number , Panels Affected dated September 12, 1994, and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. SECTION C: ESTABLISHMENT OF DEVELOPMENT PERMIT. A Development Permit shall be required to ensure conformance with the provisions of this ordinance. SECTION D: COMPLIANCE. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. SECTION E: ABROGATION AND GREATER RESTRICTIONS. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 8 rbU:\mbox8\wylie\floodpin.ord\1/16/96\#940272.202 restrictions shall prevail. SECTION F: INTERPRETATION. In the interpretation and application of this ordinance, all provisions shall be; (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. SECTION G: WARNING AND DISCLAIMER OR LIABILITY. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions • greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. ARTICLE 4 ADMINISTRATION SECTION A: DESIGNATION OF THE FLOODPLAIN ADMINISTRATOR. The City Manager or his/her designative representative is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. SECTION B: DUTIES & RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 9 rb\:\mbox8\wylie\flood pl n.ord\1/16/961#940272.202 (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334) from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions) the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency, prior to any alteration or relocation of a watercourse, and submit evidence of such .notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. (8) When base flood elevation data has not been provided in accordance with Article 3, Section B, the Floodplain Administrator shall obtain, Review and reasonably utilize any base flood elevation data and floodway data available from Federal, State or other source, in order to administer the provisions of Article 5. SECTION C: PERMIT PROCEDURES. (1) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: a. Elevation (in relation to mean sea level), of the lowest floor (including basement) of all new and substantially improved structures; b. Elevation in relation to mean sea level to which any nonresidential structure shall be flood proofed; c. A certificate from a registered professional engineer or architect that the nonresidential flood proofed structure shall meet the flood proofing criteria of Article 5, Section B(2); d. Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 10 rbU:\rnbox8\wylie\floodpIn.ord\1/16/96\#940272.202 e. Maintain a record of all such information in accordance with Article 4, Section (B)(1). • (2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: a. The danger to life and property due to flooding or erosion damage; b. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; c. The danger that materials may be swept onto other lands to the injury of others; d. The compatibility of the proposed use with existing and anticipated development; e. The safety of access to the property in times of flood for ordinary and emergency vehicles; f. The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; g. The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; h. The necessity to the facility of a waterfront location, where applicable; i. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; j. The relationship of the proposed use to the comprehensive plan for that area. SECTION D: VARIANCE PROCEDURES. (1) The appeal Board as established by the community shall hear and render judgement on requests for variances from the requirements of this ordinance. (2) The Appeal Board shall hear and render judgement on an appeal only when it is ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 11 rbU:\rnbox8\wylie\floodpin.ord\1/16/96\#940272.202 alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this ordinance. (3) Any person or persons aggrieved by the decision of the Appeal Board may appeal such decision in the courts of competent jurisdiction. (4) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (5) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this ordinance. (6) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section C(2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (7) Upon consideration of the factors noted above and the intent of this ordinance, the Appeal Board may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this ordinance (Article 1, Section C). (8) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (9) Variances may be issued for the repair of rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (10) Prerequisites for granting variances: a. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief b. Variances shall only be issued upon, (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 12 rb\I:\mbox8\wylie\floodpin.ord\1/16/96\#940272.202 c. Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (11) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that (i) the criteria outlined in Article 4, Section D(1)-(9) are met, and (ii) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. ARTICLE 5 PROVISIONS FOR FLOOD HAZARD REDUCTION SECTION A: GENERAL STANDARDS. In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements. (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 13 rb11:\mbox8\wylie\floodpIn.ord\1/16/96\#940272.202 (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. SECTION B: SPECIFIC STANDARDS. In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Article 3, Section B, (ii) Article 4, Section B(8), or(iii) Article 5, Section C(3), the following provisions are required: (1) Residential Construction - new construction and substantial improvement of any residential structure shall have the lowest floor (including basement), elevated to or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a .certification to the Floodplain Administrator that the standard of this subsection as proposed in Article 4, Section C(1)a is satisfied. (2) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood proofed shall be maintained by the Floodplain Administrator. (3) 1Vlanufactured Homes - require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. SECTION C: STANDARDS FOR SUBDIVISION PROPOSALS. (1) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Article 1, Sections B, C, and D of this ordinance. (2) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions of Article 5 of this ordinance. ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 14 rb\I:\mbox8\wylie\floodpin.ord\1/16/96\#940272.202 (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Article 3, Section B or Article 4, Section B (8) of this ordinance. (4) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. ARTICLE 6 MISCELLANEOUS SECTION A: SEVERABILITY. Should any part or portion of this Ordinance, or the use created herein affecting the aforementioned property, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions and those provided for within this Ordinance shall remain in full force and effect. SECTION B: REPEALING / SAVING CLAUSE. All ordinances in conflict herewith are repealed to the extent they are in conflict. Any remaining portions of said ordinances shall remain in full force and effect. SECTION C: EFFECTIVE DATE. This Ordinance shall become effective upon its passage by the City Council. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1996. JIM SWARTZ, Mayor ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 15 rb11:\mbox8\wylie\floodpin.ord\1/16/96\#940272.202 ATTESTED TO AND CORRECTLY RECORDED BY: APPROVED AS TO FORM: SUSAN SHULER D. KAY. WOODS City Secretary ABERNATHY, ROEDER, ROBERTSON & JOPLIN, P.C. City Attorneys DATE OF PUBLICATION IN THE WYLIE NEWS: ORDINANCE ESTABLISHING REGULATIONS TO MINIMIZE FLOOD LOSSES-Page 16 rb\J:\mbox8\Wylie\floodpin.ord\1/16/96\#940272.202 Wylie City Council #1 Agenda Communication for January 23, 1996 Ordinance - Increase in Water utility Rates Issue Discuss and consider approval of a resolution adopting an ordinance to increase water utility rates as required to fund the issuance of $2,800,000 water and sewer bonds. Background The citizens of Wylie authorized $4,000,000 in bonds for water and sewer improvements in February 1995. The citizens were told during the promotion of the bond package that there would be a modest increase in water rates, beginning in January 1996. The $4,000,000 in bonds will be sold in two increments over three years. In order to keep the citizens of Wylie informed, there will be two press releases to announce the proposed rate increase. The first announcement will appear in the Wylie News as soon as possible after the ordinance is passed. A second notice will appear about one week before the new rates are first billed. Financial Considerations The General Obligation Bonds, Series 1995 have increased the City's debt service requirements by an average of $247,000 for each of the next five years. The estimated fiscal year 1995-96 revenue generated by eight months of increased water rates is $62,700. The 1996-97 fiscal year increased revenue is expected to be $94,000. The difference between annual debt service requirements and the annual increases in water revenues will be supplemented by impact fees. Residential water customers with an average usage of 8,000 gallons per month will see an increase of approximately $2.45 on their water bill. w Commercial customers will see an estimated increase of $3.50 per month based on 15,000 gallons of consumption. This rate increase will be effective immediately, but will first appear on customers' bills in March. Legal Considerations None Staff Recommendations The staff recommends approval of the water utility rate increase, as presented in this ordinance, to become effective January 23, 1996 and to first appear on bills dated March 1, 1996 and later. Attachments Excerpt from Living in Wylie Excerpt Citizens Bond Advisory Committee information brochure Memo from Sue Gheen to Brady Snellgrove dated January 11, 1996 /tzjel,/ /r Prepared by Fina•i Dir. Approval City Mgr. Approval ' -,. Volume 3 - Number 1 Living In . . ,.. , , ., • A 011arterly Publication for the Citizens of Ity'lie, Texas • Bond \vti . . . . .. tielecti li.. � \ ;4ti tii;i •:j•}•}:• } slated for : ,, ,., :: Feb L .... ::xw. eye '' .%, O Wylie s Home Improvement :}}}}}}:;:: .,. v:, Plans : :: :::;::.}}... .. A Citizens Bond Advisory Bonds are generally accepted as In debt service, Proposition Committee(CBAC)was ap- the most cost effective and Number 1 will cost a three and pointed by the Wylie City equitable means of raising money one-half cent property tax Council and consists of Wylie tax to build basic infrastructure increase. This increase will be payers and utilitily customers, projects. phased in over three years This committee was responsible beginning in 1996. An owner for determining the dollar amount The CBAC recommends that of a$70,000 home would see a and the specific projects that are citizens consider a$7 million $2.04 monthly increase. An to be included on the February bond program for streets,drain- owner of a$100,000 home 18, 1995 bond program. The age,wastewater,and water would have a$2.91 monthly CBAC's recommendation was system improvement projects. increase. based on information gathered for and requested by the For debt service, Proposition committee. The CBAC would "We are potentially facing an Number 2 would be financed like to present to the citizens imposed state enforcement order through a water rate in- the same facts that were and will loose the ability to retain crease. The increase would presented to the committee. local control if the water tower is begin in 1996. Sewer rates not constructed in the near future", would not be affected. The bond program contains --Mayor Jim Swartz Residents with an average "Home Improvements" for the usage of 8,000 gallons per city. Basic services are month would have a$3.15 provided by the city to a steadily The bond program contains two monthly increase raising their growing population,an indication propositions: bill to$26.72 monthly. A of the area's economic potential. commercial customer would However,the basic infrastructure PROPOSITION NUMBER 1 realize a$3.50 monthly must be developed so it can "The issuance of$3,000,000 increase,based on 15,000 support current residents and General Obligation Bonds for gallons totaling$48.62 per businesses,as well as meet the Street Improvements" month. (Debt service amounts potential for future residential, are approximates based on business,and industrial growth. PROPOSITION NUMBER 2 future revenue forecasts.) Completion of specific water, "The issuance of S4,000,000 ✓V wastewater, street and drainage General Bonds for Water and Winter �95 projects included in the bond Sewer System Improvements February program will improve and extensions including but 18 systemwide the quality of services not limited to an elevated water '^.` delivered to the citizens of Wylie. tower" /�,� .. . •im4 dts:i:iiii.i: iii iiiiiiiii, ill .::iiiiii iiiiiiii!ii iiiiiiiii ,:::„, C = ,:iti:iiiii. ........... 1-0 .zii 5 ct: cu c 5 o'sz c t c. .°) , c , .... ......,. .... .... ::::.:::.:.:. ,..:..,..•.:..:..,....... ....... ...... = 0 ote• t•., t, —I a) 64 45' = az 5 ..) 4... a: 44 = 0-11 74 b cA .••••••••,.•• t' -a = CI A el. l:4 pi- ea © •p-11 ro, 1.1111.14,. r. E0 cw la NIL Wm 411I .:......:...........i.: .i..i:::i.ii .i!:•!Ii.i.ii:::k•!:.•.; ..:„..,.:.:„:, .:•:•:•:•:: :.:„..„ „„ ....„..•..... :•:•:-.. .:.:•::, :.:.:...: Bulk Rate WYLIE CITYOFWYLIE ( _V_II) CAR-RT Permit #001 SORT U.S.POSTAGE PAID P.O. Box 428 Pxe,, 2000 Highway 78 North Wylie, Texas 75098 Wylie,Texas 75098 POSTAL CUSTOMER - LOCAL February 18 7 ° r Citizens Bon L A Lviso y Coma 1; j, i How much will it cost me? home improvements,such as plumbing,air �� r r , y A\ (Debt Service) conditioning,breakers and electrical 1 Home Improvement r l tilit i outlets. These same deci- Bond Pro am ya - ;;-it I , PROPOSITION 1: sions need to be made about �'� A three and one-half cent property "home improvements Who was responsible for developing Wylie. Bonds are generally accepted as - • tax increase. for the city. ':p •1 this bond program? themostcosteffectiveandequitablemeans • Phased in j rand utilitycustomers are of raisingmoney to build basic infrastruc- 'r' j . ,' Wylie tax payers over three �r In amanner ofspeakrrrg,your responsible. A Citizens Bond Advisory ture projects. years beginning �i� ;�'' city streets are anextensionof Committee(CBAC),determined the dollar FY 1996. your driveway. The quality of amount and the specific projects to include What is the CBAC's recommends- • Owner of$70,000 home would see a the water and sewer services in the February 18,1995 bond program.The don? $2.04 increase(monthly). that are used on a daily basis is determined Committee was appointed by the City The CBAC recommended that citizens • Owner of$100,000 home would have by the conditionofthesystemconnectedto Council and included residents from differ- consider a$7 million bond program for a$2.91 increase(monthly). your residence.This bond program directly ent areas of Wylie. The CBAC's recom- streets, drainage, wastewater, and water affects you and your family. mendation was based on information system improvement projects. The bond PROPOSITION 2: gathered for and requested by the commit- program contains two propositions: • Financed through a water rate in- A way for your voice to be heard. tee. The same facts provided to the Com- mittee are presented in this brochure. ©PROPOSITION NUMBER 1 crease. Voting ina bond election isa visible expres- • Increase to begin in FY 1996. sion ofyour civic pride and shows awilling- "The issuance of$3,000,000 • Sewer rates will not be affected. ness to help shape the future of your corn- What is the purpose of the bond General Obligation Bonds for rovements" • Water increase example: munityandneighborhood.The City Council program? Street Im p The bond program contains "Home Im- Residential 8,000gallon/ recognizes that most people are extremely provements" for the city. Basic services © PROPOSITION NUMBER 2 r , month-$26.72($3.15 busy,with families,church,and work inside are provided by the city to a steadily growing "The issuance of$4,000,000 Q O O increase) andoutsidethehome. The citymustthere- population,an indication of the area's eco- General Bonds for Water and 0 Q 6 Commercial 15,000 gallon/ fore make it as convenient as possible for nomic potential. However, we must de- Sewer System Improvements C month-$48.62($3.50 increase) citizens to vote. velop our basic infrastructure so it can and extensions including but (Debt Service amounts are approximates k , VOTE support current residents and businesses,as not limited to an elevated water based on estimated future revenue fore- ' 1 well as meet our potential for firtureresiden- tower" casts.) ;' tial, businesses, and industrial growth. ;<, < 'r d Completion ofspecific water,wastewater, Home Improvements that directly af- `V fir`:. street and drainage projects included in theV 0 T L feet you and your family. February bond program will improve systemwide the To improvethequalityoflife foryourfamily, 18 quality ofservices delivered to the citizens of decisions are made everyday about vital January 11, 1996 MEMO TO: Brady Snellgrove FROM: Sue Gheen RE: Statistics for Water& Sewer Rate Increase The following is the information requested regarding the number of residential customers in all three utility billing cycles. Cycle 1--Total 1394. Included in this total are 82 for Wylie Butane, 70 for Lakeside Village, 144 for Rustic Oaks Apartments, 147 for Glen Knoll Mobil Home Park and 6 for Mel- Char Apartments. Cycle 2--Total 1312. There are no apartment complexes in this cycle. Allen Mobil Home Park has a house count of 17 and Redwood on The Lake has a house count of 98. Both of these customers are billed for sewer charges based on a set fee per housing unit only. Cycle 3--Total 522. This cycle covers Southfork Mobile Home Park only. All units are metered individually. If the rate increase goes into effect on January 23, 1996, the earliest it could be charged to the customer would be on bills that will be mailed on February 26, 1996. This billing would be for customers in Cycle 2. It is my suggestion that we wait to apply the rate increase to bills that will be mailed after March 1, 1996 so that we can get information to the customers regarding the rate increase. This would also allow the rate increase to be applied to all customers at one time rather than bill one cycle sooner than the others for the new rate increase. It would also allow us to be certain that all the water the customers are billed for would have been used after the rate increase goes into effect. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING WATER RATES FOR THE CITY OF WYLIE, AMENDING SECTION 1.02 OF APPENDIX A OF THE WYLIE CITY CODE(THEREBY AMENDING ORDINANCE 84-12,ORDINANCE 90- 18, ORDINANCE 91-7, ORDINANCE 93-5, AND ORDINANCE 93-18) REPEALING PORTIONS OF ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Wylie City Council has issued $2,800,000 in general obligation bonds for water and sewer improvements to be financed partially through a water rate increase to begin in 1996; and WHEREAS, the agreed time to increase the charges for water services has arrived; and WHEREAS,the City desires to raise the charges for water services provided by the City so as to finance a portion of the increased debt service requirements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows, SECTION I The Section 1.02 of Appendix A to the Code of Ordinances of the City of Wylie, Texas, is hereby amended by deleting the existing section, in its entirety and substituting the following therefore: (a)the following monthly water rates shall apply to all RESIDENTIAL customers within the corporate limits of the City of Wylie, Texas: (1)Monthly minimum charge for first 1,000 gallons of metered water consumption $8.90 (2) Volume charge for all consumption exceeding 1,000 gallons (per 1,000 gallons) -1,001 to 2,000 gallons (per 1,000 gallons) $1.92 -Over 2,000 gallons (per 1,000 gallons) $2.65 (b) The following monthly water rates shall apply to all COMMERCIAL customers, (other than apartments, mobile home parks and other multi-unit dwellings not individually metered)within the corporate limits of the City of Wylie, Texas: (1)Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15 (2) Volume charge for all consumption exceeding 1,000 gallons (per 1,000 gallons) -1,001 to 2,000 gallons (per 1,000) $2.02 -Over 2,000 gallons (per 1,000) $2.65 ORDINANCE NO. PAGE 2 (c)The following water rates shall apply to all APARTMENTS, MOBILE HOME PARKS, and OTHER MULTI-UNIT DWELLINGS, not individually metered, within the corporate limits of the City of Wylie, Texas: (1) Monthly minimum charge for first 1,000 gallons of metered water consumption $12.15 (2) Volume charge for all consumption exceeding 1,000 gallons (per 1,000 gallons) -1,001 to 2,000 gallons (per 1,000 gallons) $2.02 -over 2,000 gallons (per 1,000) $2.65 (3)An additional charge of$4.00 per occupied unit, with occupancy being determined as of the fifth day of the month preceding the billing. (d)the monthly water charge for any customers (residential, commercial, apartment, mobile home park, or other multi-unit dwelling not individually metered) located outside the corporate limits of the City of Wylie, Texas shall be at the rate of one hundred fifteen percent (115%) of the rate charged customers inside the corporate limits of the City. (e)Any bulk water customer who desires to withdraw water from a hydrant or other source not metered and charged directly to them shall fill out a water application form and sign the form in the same manner as a regular metered customer. Bulk water rate charges are to be charged in 25 gallon increments at the same rates as the commercial customers. SECTION II The rates herein imposed shall be effective for all water usage occurring after January 23, 1996. SECTION III Should any paragraph, sentence, sub-division, clause, phrase or section of the ordinance be adjusted or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V That all ordinances and code provisions in conflict or consistency are hereby repealed and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. ORDINANCE NO. PAGE 3 SECTION VI The repeal of any ordinance, or parts thereof, by the enactment of this ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provisions of any ordinances at the time of passage at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 23rd day of January, 1996. By James D. Swartz, Mayor ATTEST: Susan Shuler City Secretary Wyi e City cyan l #13 Agenda Communication for January 23, 199S Appointment to Library Board Issue Discuss and consider appointing an replacement to the Library Board. Background Charles Lewis was appointed to the Library Board in July of 1994. He has resigned from the Board due to scheduling conflicts. Financial Consideration N/A Legal Consideration Filling this vacancy will fulfill the Charter requirements of seven member for the Library Advisory Board. Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Resignation Letter rysixt,i4t, Prepared and Approved By City Manager Approval January 8, 199% To: Ms. Jerri Smith (Chairperson,Rita &Truett Library Board) Dear Ms.Smith: Due to unavoidable schedule conflicts, I am hereby resigning as a member of the Rita&Truett Library Board, effective immediately. ��,,nn nnSincerely, Mr. Charles A_ Lewis Secretary Rita &Truett Library Board