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02-24-1987 (City Council) Agenda Packet AGENDA SUMMARY CITY COUNCIL TUESDAY, FEBRUARY 24, 1987 ITEM NO. 1 - APPROVAL OF MINUTES - No additions or corrections. ITEM NO. 2 - SET RECALL ELECTION FOR RECALL OF COUNCILPERSON SANDRA DONOVAN FOR APRIL 4, 1987 - This item was requested by Richard B. Seward, Attorney at Law, acting for the Citizen for Wylie Committee. ITEM NO. 3 - CALL FOR SPECIAL MEETING WITH BFI - Recently, members of the City staff , including Larry Jackson, City Attorney, met with Tom Replogle, Area Representative for BFI and their legal counsel , Rich Freed. BFI is anxious to have a settlement in the matter of the landfill lease and to have their rate increase implemented. They have requested this special meeting for a workshop-public hearing to settle the matter . March 17 was the date requested by them. It appears they are ready to come to a reasonable settlement we can both live with. The public hearings are required by state statute for the rate hearings and by our Charter for the franchise hearing. The original franchise contract was written to include certain provisions regarding the landfill , that provision will need to be revised. You will be pleased to hear that they have agreed to our $25,000 figure. ITEM NO. 4 - PUBLIC HEARING ON REZONING OF PORTIONS OF WESTGATE I - The petitioner has asked for a rezoning of the townhome portion of Westgate I to SF3 . This will, of course, reduce the density in this area , which is usually an attractive alternative. Area builders are finding townhome and duplex lots difficult to market and this type of rezoning has become a trend with the builders. The P&Z heard this petition at their meeting on February 19 and recommend your approval . ITEM NO. 5 APPROVE ZONING ORDINANCE FOR WESTGATE I - No additional comments. ITEM NO. 6 APPROVE ORDINANCE CONTROLLING CONSTRUCTION IN FLOOD PLAIN AREAS - The approval of this ordinance is necessary in order for the City to retain its position on the National Flood Insurance Program administrered by FEMA. We have had one of these ordinances in the past. This one is merely an updated version. ITEM NO. 7 - PRESENTATION BY B.H. HARTMAN CONCERNING ALLEY BETWEEN BRIARWOOD AND DOGWOOD - Mr . Hartman is the man whom you will recall has suffered the damage to his automobile on a pothole in the alley between Dogwood and Briarwood. It is Mr . Hartman' s opinion that it is our fault and we ought to pay for the damages. The insurance adjuster does not agree. The damage is some $700 thus beyond my level of authorization so Mr . Hartman chooses to present his grievance to the City Council . The information enclosed as an insert in your packet , will provide backup for your decision and Mr. Johnson, who has dealt with this matter since its occurrence, can be questioned about the series of events. ITEM NO. 8 - CITIZEN PARTICIPATION - Not an appropriate area for staff comment . ITEM NO. 9 - APPROVE AMENDMENT TO WYNDHAM ESTATES PLANNED DEVELOPMENT PORTION - The requested amendment on this plat is minor. The developer indicated on the plat the building line of these "0" lot line houses. The builder who wants to buy these lots has asked that the building line be placed on 1 the opposite lot line so that the window side of the structure will not be facing an alley on lots 5B, 12A, 2A and 16B. You will recall , that the restrictions placed on the "0" lot line houses required that no windows be included on the "0" line. The P&Z heard this petition at their meeting held on February 19 and recommend your approval . The P&Z approved this action by having lots 5B and 12A offset two feet from the property line on the alley side and granted a minimum of eight foot building line on the none "0" lot line side. ITEM NO. 10 - APPROVE CONSTRUCTION PLANS FOR NEWPORT HARBOR The engineering department has reviewed these plans and have recommended your approval . A representative of the Engineering Dept . will be present at the meeting to answer any questions you may have. This subdivision was previously known to us as Crescent Cove and was approved as a preliminary plat at the time of the Crescent Cove joint venture partnership. That partnership has now dissolved and the developer, Baron Cook, has renamed this section and is anxious to start things moving again. The preliminary plat was re-approved a one of your recent meetings. The P&Z reviewed these plans at their meeting on February 19 and recommend your approval . The only change from the original was that the P&Z authorized the reduction of a 37 ft street to a 27 ft street but retaining a 65 ft right-of-way on an east-west road through the subdivision. The original 37 ft street had been required in order to connect one of Mr . Moussa' s "proposed" thoroughfares . Since these thoroughfares may never exist, there is little reason to demand that our developer put in a collector that goes to it. In any case, there is another collector plan just a few hundred feet south. Since this one appears to have so little value, the P&Z authorized its return to 27 ft width. ITEM NO. 11 - APPROVE PRELIMINARY PLAT FOR WOODLAKE VILLAGE This subdivision is located on the north side of SH78 adjacent to the new Municipal Complex. Their are some preliminary remarks from the City Engineer included in your packet . Additional comments will be made available to you at your meeting on Tuesday night. The developer, Baron Cook, is working with the City to bring the water line out to this site. There are some questions that the Engineering Dept . has relative to storm drainage that must be worked out. Engineers for both sides are meeting together to resolve this problem. The P&Z reviewed this plat at their meeting on February 19 , and recommend your approval . ITEM NO. 12 - APPROVAL OF REPLAT OF AKIN LANE - This is a matter that has been of concern to the City for some time. A resolution has been elusive until recently when we felt we were close. However, after a meeting between our engineering staff members and affected residents in the area, it looked as if any solution was going to have to come from some alternate means. Included in your packet are some of the proposals for alternate solutions. On pages 64-71 are memos and correspondence, etc. related to this matter for your review. In summary, at the P&Z meeting on February 19 , Mr . Cooper withdrew his demands except for the one concerning the retaining wall , of which the staff was always in favor . The staff will be prepared at the meeting to make a presentation and/or answer any questions you may have. ITEM NO. 13 - AUTHORIZATION TO SIGN TEMPORARY LEASE ON SOUTHSIDE PORTION OF QUAIL HOLLOW - The staff has long been aware of the need for additional playing fields, particularly for soccer and football. We contacted two property owners, Mr. Dave Williams of Quail Hollow and Wylie 141 , Inc. , owners of a tract of land on FM1378 and asked if it would be possible to lease their undeveloped land, on a temporary basis for this intended use. We explained we did not intend to erect any permanent structures and could 2 vacate in a short time when the land was scheduled for another use. We have had a reply from Mr. Williams graciously offering to allow the City to use his property, free of charge. His only stipulation was that the property be left cleaned up and that we accept all liability. With you approval , we can accept this generous offer and very soon have additional playing fields for the soccer and football leagues in town. Our costs would be for bleachers and goals only that could be moved from temporary leased location to temporary leased location until the City established permanent sites of its own. Through this approach, we could reasonably provide a service that is becoming more and more in demand. ITEM NO. 14 - AWARD BID FOR 3/4 TON PICKUP FOR PARKS - Bids were received and opened on February 17 , 1987 . Mr . Windham, Director of Public Works, recommends the acceptance of the bid from Bob Tomes Ford of McKinney, for $12 ,000 .00 . Mr. Windham' s memo can be found on page 77 of your packet. ITEM NO. 15 - AWARD BID FOR PUBLIC WORKS INVENTORY SUPPLY Bids were received and opened on February 17 , 1987 . At the time this summary was being written a breakdown and recommendation were being prepared by the Finance Dept. and will be inserted with this packet . ITEM NO. 16 - AUTHORIZATION TO SEEK BIDS FOR LANDFILL DIRT WORK - The staff requests your authorization to begin to work up the information and seek bids for the dirt work necessary on the old City landfill . Now that we have the BFI settlement in sight, it is to our advantage to proceed with the dirt work which will close the landfill as well as prepare it for its future use. This action will go a long way to satisfy the complaints that have been lodged by the Health Dept. by our not having yet accomplished "final" closure. ITEM NO. 17 - COUNCIL DISCUSSION - Not an appropriate area for staff comment . ITEM NO. 18 - AUTHORIZATION TO USE BUDGET ALLOCATION FOR NEW PICKUPS TO BUY USED PICKUPS - In the approved budget for 1986-87 , there were monies set aside for the purchase of three pickups and one jeep for meter reading . We have awarded the bid on one new pickup in Item No. 14 of this agenda. That leaves some $24000 in the budget for the other two pickups. Based upon a survey of Public Works needs, those additional two new pickups would leave us at least three trucks short. Therefore, the staff requests permission to use those dollars allocated in the budget to purchase used pickups. It is our belief that we can obtain good used work type trucks for somewhere in the $4-5000 range that will go further toward solving the problem than buying two new pickups . ITEM NO. 19 - APPROVAL OF ORDINANCE CREATING CITY OF WYLIE PROPERTY FINANCE AUTHORITY, INC. - At the time the summary ws being prepared, the final draft of the Ordinance had not been received. We are; however, including a draft of the ordinance, which is being amended . Mr. Bob Dransfield of Hutchison Price Boyle & Brooks together with Mr. David Medanich will make the presentation at your meeting on Tuesday night . 3 DA &re0 ,?-mod-p7 Tom- 45Tf0 AGENDA O0�/7 REGULAR MEETING CITY COUNCIL CITY OF WYLIE, TEXAS TUESDAY, FEBRUARY 24, 1987 7:00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS COUNCIL BUSINESS 1 1-30 Consider approval of minutes. 2 31-34 Consider setting of recall election for the recall of Councilperson Sandra Donovan to be held on April 4 , 1987. (Agenda request item - Richard B. Seward) 3 Consider calling for special meeting on March 17 , 1987 for work session, public hearing and lease settlement on sanitary landfill with B.F. I . PUBLIC READING OF ORDINANCES/PUBLIC HEARINGS 4 35-37 Conduct PUBLIC HEARING on request for rezoning of SF-A (townhome) portions of Westgate I to SF3 (single family) . 5 38-41 Consider approval of zoning ordinance changing SF-A portions of Westgate I to SF3. 6 42-58 Consider approval of ordinance to control construction in areas in Wylie and the ETJ subject to flooding . GENERAL DISCUSSION 7 59 Consider presentation concerning condition of alley between Briarwood and Dogwood and vehicle damage. (Agenda request item - B.H. Hartman. ) 8 Citizen Participation. NEW BUSINESS 9 60 Consider approval of amendment to Wyndham Estates Planned Development. 10 61 Consider approval of construction plans for Newport Harbor (previously known as Crescent Cove) . 11 62-63 Consider approval of preliminary plat for Woodklake Village located on E SH78 , adjacent to new Municipal Building. 1 ORDER OF PAGE BUSINESS REFERENCE BUSINESS 12 64-71 Consider approval of replat of Akin Lane. 13 72-75 Consider authorization for City Manager to execute temporary lease agreement between City of Wylie and Dave Williams for undeveloped portion of Quail Hollow located on the southside of Stone Road to be used as temporary athletic fields. 14 76-77 Consider award of bid for 3/4 ton pickup truck for Parks Dept. 15 insert Consider award of bid for Public Works inventory supply. 16 Consider authorization to seek bids for landfill dirt work. GENERAL DISCUSSION 17 Council Discussion. FINANCIAL CONSIDERATIONS 18 oral Authorization to use budget allocation for two (2) new pickup trucks to buy used pickup trucks. 19 insert Consider approval of ordinance creating City of Wylie Property Finance Authority, Inc. 20 ADJOURN 2 CITY COUNCIL MEETING MINUTES JANUARY 27, 19B7 7:00 P. M. The Wylie City Council met in regular session Tuesday, January 27, 1987 at 7: 00 P. M. in the Wylie Community Room. A quorum was present and notice of the meeting had bsen posted for the time and in the manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Joe Fulgham, Council Members Calvin Westerhof , Sandra Donovan, and Kent Crane, City Manager Gus Pappas, City SecreLary Carolyn Jones, Code Enforcement Officer Roy Faires, Acting Public Works Director Kenneth Moelling, Finance Director James Johnson, I . W. Santry of the Engineering Department . Councilman Martin was out of town. Mayor Trimble called the meeting to order and gave the invocation . Minutes bei:g submitted for approval are for the meetings of January 10th, 13th, 14th, and 19th, 1987. Councilwoman Donovan corrected the motion that was made on the January 131th meeting in regards to busincsses serving alcoholic beverages as follows: Section 4. 1 to omit the portion "operation for at least six months prior to December 31st calendar year" . Motion was made by Councilwoman Donovan to approve the minutes of the 'January 10th , 14th, and 19th as submitted and approve the January 1Vth with the above correction. Seconded by Mayor Pro lem Fulgham. Tne vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Crane - in favor , and Councilwoman Donova// - in favor. This motion carried with All in favor . � PROCl=AMAT�l{}N_FDR_'F{�BRUARY��_-1987'_AS--AM{]�lCAN_|fI<�TDRY1��}NT1f-.U� Wyl=IE�_ This item is brought to Council at the request of Agnes Dempsey of Wylie and is for the Rockwall Chapter , Daughters of the American Revolution. Motion was made by Mayor Pro Tem Fulgham to approve and sign proclamation for February, 1987 as American History Month in Wylie. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Crane - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor. CALL 987g This is a formal action that is qeeded b . Council in order to conduct the April 4th election. Motion was made by Mayor Pro Tem Fulgham to approve the call No;-- the general election to elect Council Places 1 , 3, and 5 on April 4, 1987. Councilwoman Donovan said she had questions on election procedures, and would like to have a discussion on these procedures at a work session. The above motion was seconded by Councilwoman Donovan . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor , Councilman Crane - io favor, and Councilwoman Donovan - in favor . [his motion carried with all in favor. Mayor Pro Tem Fulgham said he did not mind discussion these procedures at this time. There was no other comment . Councilwoman Donovan said in checking with other , it was the duty of the council to appoint the judge and alternate judge for the election. There are things staff is doing, that � y should be done by council . Councilwoman Donovan said there is a meeting on Feb. 12th that we should all attend. City Manager Gus Pappas said staff has always known that Council does make the final decision . The staff just puts a list of names together for your approval ,. Mayor Pro Ten Fulgham said he understood this but he had rather staff do it because he does not think this Council can come up with the list, After some discussion, there was a work session set for Fcbruary 3, 1987 at 6: 30 P. M. on the election crew. This briefing session has been held for the past three yvars to brief candidates on budget, city programs and etc and to answer any question� they may have. The council needs to grant permission to the City Manager for him to hold this briefing session. Motion was made by Councilman Westerhof to approve the candidates briefing on Saturday, February 21 , 1987. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem hulgham - in favor , Councilman Westerhof - in favor , Councilman Crane - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor . APPOINTMENT GoverHments has askail—he council to appoint someone to W: the voting representative. This vote is usually done by mail . Motion was made by Mayor Pro Wm Fulgham to appoinv� Councilman Westerhof as the voting representative to North Central Texas Council of Governments. Seconded by Councilman Crane. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tam Fulgham - in favor, Councilman Westerhof - in favor, Councilman Crane - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . C 1 T.Y...,51REE1Q, City Manager Gus Pappas stated that the existing ordinance was old and very small and gave people two (2) days to remove the debris. Staff is asking the time be four (4) hours to have debris cleaned up. Councilman Westerhof wanted to know if this would also take care of construction sites. City Manager Gus Pappas said if it was a new subdivision that had been accepted by Council , then yes, but if the strcets had not been accepted it wouid be no. Motion was made by Mayor Pro Tam Fulgham to approve ordinance regulating the leaving of debris on City Streets. Seconded by Councilman Westerhof . The vote was as fol1owst Mayor Trimble - in favor, Mayor Pro Tam Fulgham - in favor , Councilman Westerhof in favor, Councilman Crane - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor . This ordinaTT—A Rjought before Council at the request ol+` Councilwoman Donovan at the work session. This ordinance will regulate or prohibit smoking during public meetings of boards and commissions of the City. Mayor Pro Tem Fulgham also asked that item 13 be discussed at this time. Mayor Pro Tam Fulgham saio to use a purifier with a filter that would pull the smoke out of the room and into the filter . Mr. James Johnson said for it to work it would need to be connected with the air system. If you don` t have a return air on it, it will not work as well . Councilwoman Donovan said she has done some study on this, but she would like for the Council to go ahead with this ordinance. A lot of ,� companies are going to no smoking work areas and having designated areas for smoking. Motion was made by Councilwoman Donovan to approve the ordinance establishing "No Smoking" regulations during open public meetings of the City Boards and Commissions. Seconded by Councilman Westerhof . The vote was as follows: Mayor lrimble in favor, Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor , Councilman Crane - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor . This ordinance is presented to the Council and recommended for approva1 by a joint meeting of the Planning and Zoning and Parks and Recreation Boards. Both boards have studied this ordinance and the present edition has undergone several changes. Staff also recommends approval of this ordinance. Mr . Roy Faires stated that work began on this ordinance approximately six (6) months ago. Staff has checked and does know that College Station after a lot of research passed such an ordinance. The City of College Station was taken all the way to the Supreme Courts and has had their ordinance up held as a valid ordinance. Councilman Westerhof stated at this time he could not be in favor because he felt this ordinance may keep the new developers from coming into Wylie. Maybe at a later date I could be in favor of it . Councilwoman Donovan wanted to know if any other cities had this. Mr . Faires said some have used an ordinance like this but had not been tested. Mayor Pro Tcm Fulgham said McKinney has it . City Manager Gus Pappas said the City would be in the minc'rity at this time. Mr . Faires said he has talked with a new developer who is looking at Wylie and this developer asked if the City had such an ordinance. City Manager Gus Pappas said our City competes with cities that are more our size and these cities 00 not have this ordinance. The larger cities do have this but we do not compote with the larger cities. Mayor Pro Tem Fulgham said he listen to a lawyer lecture on this ordinance, and he was the one that took it to the Supreme Court . Mayor Pro Tem Fulgham said you may cut out a couple of developers. City Manager Gus Pappas said when this ordinance first come up in other cities, it was to stifle growth . City Manager Gus Pappas stated the best time to pass an ordinance like this is when you are in a valley and not at a peak of growth. There is no one at this time working on a development from a timing stand point and a valley is the best time to pass this ordinance. Councilman Crane said when Planning and Zoning worked on this it was considered to be small money on these parks. This wou] d not build a park but be seed money to start a park. More important it sets aside the land for parks a for the City at a later date. Mayor Pro Tem Fulgham said he understands what Councilman Westerhof is saying , but this is small money. Councilman Crane said he agrees with the City Manager , if you do not do this early, then you don ' t do it. Councilwoman Donovan said she agrees with the City Manager, either do it now, or don' t do it. Councilman Crane said a developer can use this to help sell his lots if he uses the park in the advertising. Councilman Crane also stated to remember that this would not fund the parks, it will only be seed money and the land for a park . Motion was made by Councilman Crane to approve the park dedication ordinance. Seconded by Mayor Pro Tem Fulgham. The vote was as follow: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - against , Councilman Crane - in favor , and Councilwoman Donovan - in favor . This motion carried with four (4) in favor and one ( 1 ) against. City Manager Gus Pappas said to the best of anyones knowledge, there has never been a park master plan for the City of Wylie. Just a few weeks ago the Council passed a land use plan , and there is a need to set aside areas where the Council and other boards would like to see parks. This is just a plan and can be amended at any time the Council so chooses. Some of the areas being recommended for parks are Muddy Creek, Texas Power & Light easements, pond on DingBang Wang property, flood plain on Louis Reese property, large drainage and creek at the new Wylie Community Hospital plus the two current parks and the park behind Valentine and Willow Way. The proposed park in Birmingham Farms property and the park at Lake Ray Hubbard Mobile Home Park and the wilderness park at Lake Lavon near the damn. Motion was made by Councilman Crane to approve the park master plan. Seconded by Councilwoman Donovan . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor , Councilman Crane in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor. AND ORDINANCE 86-51 1NVALIDq Mr . Buddy Minyard owns the property at 2701 Hwy 78. Mr. Minyard asked Councilman Westerhof where he worked in May 1986. Councilman Westerhof said the Kreymer Company. Mr. Minyard asked how long he worked there. Councilman Westerhof said from December , 1985 to December 1986. Mr. Minyard said at the time you were employed, what per of your gross income came from Kreymer Company. Councilman Westerhof said 10071. Mr . Minyard then rear Article 9888, Sec. 3A1 and Sec . 2A2 which states the law for public officials and con+ lict of interest. Mr. Minyato then stated that on February 24 , 1986, 4. 95 Acres was listed for sale by the Kreymer Company Councilman Westerhof did work for the Kreymer Company at this time. There is a letter from the Kreymer Company stating that this property would be annexed and zoned Business 2. The City of Wylie did not mail out letters on the annexation of this property until March , 1986, with the schedule of public hearings being on March 20, 1986 for Planning and Zoning and March ?5, 1986 for City Council , and the vote being on May 13, 1986. Council voted as follows: Mayor Hughes, Councilmen Westerhof , Brewster and Fulgham in favor , and Councilwoman Donovan against . There were no conflict of interest forms signed at that meeting. Kreymer Company knew prior to the City annexation this property would be annexed and what it would be zoned. Mr . Minyard staLed that he believed he has shown the Council that there was a conflict of interest and that these ordinances should be declared invalid . City Manager Gus Pappas said there is no argument with the papers Mr . Minyard has, these are facts. Fhe last time Mr . Minyard came in we asked his attorney to put into words the facts of the case and send them to the staff so we could forward it on to our City Attorney for a ruling. As of this date, I have received no letter. City Manager Gus Pappas stated that he did finally send a letLer to the City Attorncy for his opinion. Mr . Jackson states that law is very seldom toe written word itself but is interrupted by the Courts. One test is the percent of income received and there are several other tests. Did Mr. Westerhof know that the property was listed , is a question that needs to be asked. Did he know at the time he voted what it would benefit his company. If the property sold would have the $19, 140. been a benefit to the company. But the main questions is, by annexatiun and zoning how much would this action increased the commission from the sale. In summary, Mr . Jackson advice, based on these facts suggested that the conflicL of interest is not clear enough for you to take action to void these ordinances. Mayor Trimble said there was nothing to be added and he does not want to Lake action . Mr . John Pierre! of 604 Stoneybrook, what is the reading of public ordinance and public hearings. 1 was denied my right to speak when item 8 came up. 1 would like to point out the note of we allow the citizens. The Charter says you will let citizens speak, and so does the Constitution of the United States. I do not appreciate being ignored . Becky Fortenberry, 116 Windsor , regarding item 17, street lights in Kinsington Manner. There are a lot of children out and it gets dark earlier and these streets do not have enough light . It is very hard to see, because it is so dark on these streets at nighL . Pat Zimmerman 710 Norfork Dr . said she does have a street light and does appreciate U . There are only three (3) lights on these two streets and we do need more since Lhere are 60 homes. Carol Lassiter, 112 Windsor , I live mid-way in the block and it is dark. My husband works nights and I am by myself . I would appreciate a lighL. Mayor Pro Tem Fulgham said he would pull this item. The reason he put it on was because he thought he had a purifier and it would be a compromise for the no smoking. A9f.�lOVAL-'O1���--C{}U��C]�l=--DI��EC.T.IVE-#2�-��].T.|�1O1��II'Ii�G--C].TY'1�A1�AGE1� TO--CDNTRA(�T'-FDR--SERVlCE��''DF--PR(JFESSlONAL--CLA'IMS-��DJUSTDR I}N A!V-"'AS- NEED{�}.. 8ASIS�' City Manager Gus Pappas said this is a Council decision, I just asked that it not be cumbersome. The fact that I have to call or write letters to you in order to give you the facts of these claims could bring up problems of holding meetings. Council now is involved in all claims from 0 - $500. With this directive, I would decide between 0-$500 and then if the party did not agree with me, they could come before the Council . Between $500 and $2500. the Council would decide and hear the case. Over $2500. the Insurance Company has the right to decide. lhjs is one of the things talked about at the work session and I was asked to draw up the directive for approval . Councilwoman Donovan said $500. 00 should be lower or Council should get a letter about the issue. Motion was made bv Councilwoman Donovan to approve the Council Directive #2 with the services lower to $300. without Council approval . Seconded by Councilman Crane. The vote was as follows: Mayor | rimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Crane in favor , and Councilwoman Donovan - in favor. This motion carried with all in favor . APPROVAL OF > he engineering staff stated that the developer is asking 0o replat five lots into three lots in this industrial zoned phase of the development . Motion was made by Mayor Pro Tem Fulgham to approve the replat of Wyndham Estates Phase III : Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor, Councilman Crane in favor , and Councilwoman Donovan -in favor . This motion. carried with all in favor . PVASE 2: The engineering staff recommends acceptance and approval of the public improvements. All streets, utilitv lines are acceptable and all testing is in accoroanca with Citv of Wylie specifications. Motion was made by Mayor Pro Tem Fulgham to approve and accept the public zmprovemenrs, zn REgency Business Park Phase 2. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Crane - in favor , and Councilwoman Donovan - in favor. lhis motion carried with all in favor . �� This item has been requested by Councilwoman Donovan to up grade the lighting of streets in Kinsington Estates. The cost of this will be approximately $2, 037. 50 for two street lights. Motion was made by Mayor Pro Tom Fulgham to grant authorization to expend $2, 037. 50 for two street lights for Kinsington Estates and to expend the funds from the reallocation of funds in the General Fund. Seconded by Councilwoman Donovan. Councilman Crane said in previous work session, the Council talked about current level uf service or raising taxes to provide these extra services. This is one of those items. The Council needs to realize there is a need for improvements all over the City, we need to decide on where and how we are getting the monies for these things. The point I am trying to make is, the council has to justify the money for these or more of these will keep coming up if we do not stay with the budget. Councilman Crane said these street lights are just one of many items, drainage is in need of repair all over the city. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor, Councilman Crane - in favoV , and Councilwoman Donovan - in favor . This motion carried with all in favor . No discussion from Council , City Manager Gus Pappas made the following statements. On the up coming work session, there needs to be a discussion for assistance to the Branch Volunteer Fire Department . The Branch Vol . Fire Dept . is asking for us to help in dispatching and in getting their department started as it is in our EJT. Mayor Trimble recessed the regular meeting and convened the Council in a work session with regards to a proposed private utility district by Moussa Property Development on FM1378. This area contains approximately 600 acres and is adjacent to Wylie and St . Paul . The purpose of this utility district is to supply water and sewer to this area. Mr. Moussa is wanting to create a utility district for the portion of land that is in the Wylie EJT and a utility district for that portion of land that is in St. Paul . Mr. Moussa said he has only one way to get sewer in the St. Paul area and that is through a special utility district. The City of St . Paul has made it clear to Mr. Moussa that they will not release this land from their boundaries. St. Paul at this time ca// not provide water or sewer to Mr. Moussa' s land. Mr . Moussa said there is no economical way to provide water and sewer without a special utility district to help fund the project. The only other solution to Mr. Moussa' s problem of water and sewer is to connect into the existing water and sewer fron Wylie. This involves improvements to the system for it to work properly. City Manager Gus Pappas wanted to know if Mr. Moussa Mae the right to demand services from St . Paul since he has land in their boundaries. Mr . Ed Wendler said the laws that yovern de-annexation because of no services is very hard to get done and takes a loc of time. Councilman Westerhof wanted to know if there was a possibility of Moussa and Wylie goicg into a working relationship what happens if Mr. Moussa can not keep up his end of the agreement . Who would bc responsible for the debt . The Special Utility District would have to levy a tax to take care of the debt . Mr . Moussa is the only property owner to levy a tax on right now, isn' t that right . Councilman Westerhof said if the City of Wylie begins construction of laying this line and is almost complete and 6 at that time Mr . Moussa could not support this or develop wouldn ` t Wylie be responsible for most of this project . Mr . Wandler said the district would be responsible for lcvying a tax to support the debt . Do not contract with Mr. Moussa until he has the money. Mr. I . W. Santry, City Engineer, said one concern is the fact of building another treatment plant . How will the district be ab] e to pay for this. Mayor Pro Tem Fulgham said impact fees, lift station diPtrict fees need to be addressed and how the area would be controlled prior to the City of Wylie agreeing to any contract or special district. Councilman Crane said what he sees is another area like a city where Wylie gives fire protection, police protection and gets no taxes for it . If we provide the service, why can' t it be in our City. Mr. Wendler said he would be filing papers with the City of Wylie to request the Citys permission to establish a Special Utility District. I wanted to come before you tonight so it would not be a total surprise when you did get the request . Councilman Crane said it would be better for the City of Wylie to give water and sewer service to this area. Mr. John Bailey a board member of Wylie North East Water Supply made reference to the fact that they were going to put in over head storage tank for water in this area. Also was hoping to make an agreement with Wylie to help in the maintenance and servicing of this storage tank . ThaL W`'lie North East Water Supply would be paid for this. Mr . Bailey also said first look ac the best way to serve the people and then work out the legal matters. There being no other discussion, Mayor Trimble recessed the work session and called the meeting back into regular session. (oil it-qil TO Mayor Pro Tem Fulgham said there is a lot of problems in setting this up and feels there is some possibility of benefit to the City. Mayor Pro Tem Fulgham would like for Council to study this and work on it prior to making any decision. Mayor Pro Tem Fulgham also recommended that this project be sent to all our advisors for their opinion. City Manager Gus Pappas said that the Council can create a document that will protect the City of Wylie. What the Council needs to consider is whether or not you want to be a party of creating another government body imposing iax on people who do not live there now. Mayor Trimble said this should be discussed with the Council and staff in a work session. There being no other business or matters of discussion, a motion was made to adjourn with all in favor. _______ Chuck Trimble, Mayor ATTEST: Carolyn Jnoea^ City Secretary ' CALLED CITY COUNCIL MEETING - MINUTES FEBRUARY 5, 1987 6: 3O P. M. The Wylie City Council met in a called session on Thursday, February 5, 1987 at w30 P. M. in the Conference Room at City Hall . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Joe Fulgham, Council Members Calvin Westerhof , Kent Crane, William Martin and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Finance Director James Johnson, City Attorney Larry Jackson, and David Medanich of First Southwestz, Mayor Trimble called the meeting to order. City Manager Gus Pappas informed the Council on the next agenda there would be an item to fill the vacancy on Lhe Park Board. Also the new City Hall originally had a building committee to make selections on some of the items, such as Blue/Blue-Grey carpet, off white walls and tile on hall ways in medium grey. As the move in time gets closer , there are professional interior people who will help if we purchase our furniture from them. There will no extra charge for helping with the professional advice for each individual area. City Manager Gus Pappas said that Moore & BFI has sent in their opinion on the land fill and Mr . Jackson has written his opinion on what they have sent us. This will be coming up on an agenda soon . Councilwoman Donovan said on the "No Smoking" now is the time to make the decision on the new City Hall policy , if we are going to go with "no smoking areas" . As long as we are going into at new building, this would be the time to go with the no smoking. Councilwoman Donovan said in talking with the Finance Dirzctor Mr . Johnson , it would cut some cost on the air conditioning and heating system if there was no smoking in the building . Some organizations offer programs for quiting smoking for employees and the City would pick up the tab for this. Councilman Crane said he had a problem with it . In the Council Chambers is one thing but in the individual offices is like infringing on their privacy. Councilman Crane said he did not know if the City was at the place to dictate like that . Councilwoman Donovan said there are pamphlet to send out to employees for their opinion. Councilman Crane said he had rather get the employees input before making this decisioo. Councilman Crane said the Ministerial Alliance in Wylie is doing a Food Pantry for the City to help those in need. I was hoping to have the City back this with a proclamatjon and give our support . City Manager Gus Pappas asked Councilman Crane if he was aware that this needed a Special Use Permit. Councilman Crane said yes, that he had talked with his pastor about having to pay this fee for the permit . SESS�I�[U�i-T.O�-I)'I�9{USS-'Af`F`O]]�|T1�EN.[-D|��.'JUI)GE_ANI>-CL,EF�.5-|�OR APFLI|'-'4�--19B7-'���=ECT]D�i�' After much discussion on this item the following names were suggested for the April 4th election: Lenora Hyatt , Beth Fultz , Sue James, Shirley Burnett , Anna Starnes, Sue Carlisle, Agnes Dempsey, Helen Stewart , Curtis Hale. Councilman Crane wanted those appointed to work for a two (2) year term. Councilman Martin was to contact Mrs. Helen Stewart to see if she would be the judge and Mayor Pro Tem Fulgham was to contact Curv.is Hale for an alternate judge. Councilwoman Donovan said the police officer cost the city money and she was trying to cut down on the cost of elections, therefore she felt this was not necessary to have a police officer at the elections. Mayor Pro Tem Fulgham said he wanted to see the police officer at the elections. City Manager Gus Pappas said wc had reports of people coming up and there was reason to question their residency and they would get loud and boastful and it is good to have the officer there. Councilman Crane said he felt good about having the officer there. Councilman Martin and Councilman Westerhof would like to see the officer at elections. Councilwoman Donovan also requested that the City Secretary Carolyn Jones stay at home and not in the office on election day as this would save the people money. Carolyn said she had rather be in her office and not having people calling her at home and bothering her family, and for the record Carolyn stated that she did not get paid for election dayTO DISCUSS ASSISTANCE TO BRANCH DEPAF-`'--T The Branch Volunteer Fire Depa-tment has ver . limited services at this time, but trying to start up a wouil volunLeer fire department . They have come to the City of Wylie for help in several areas. One being to assist in dispatching and call out for fires and they will buy the equipment necessary for our police department to dispatch. The City would have to purchase a small addition to our existing system which would cost approximately $100. 00. Branch Volunteer Fire Department is also asking for an aide agreement, which they already have with us. The second request is for help in getting some supplies that they need. They have been given a small piece of land in which they intend to put a fire station on. They wanted us to give them our old fire hoses we are doing away with . If we are doing away with them, then they are not in good shape and should not be used. If Branch is getting started, maybe Council would like to invest a little more, more so if Council sees this being annex sometime in the future. This would be an investment for us. The City could lease land and seek donations of land for a small fire department that later could be a police substation . The City could help them by getting lease purchases for them on hose, pagers, and their building . If at any time they default on the payments, the City has lost nothing , but gained the building and equipment they have helped them get . This Moussa Utility District is in the Wylie ETj and will need to have Council approval prior to Mr . Moussa getting his permit from the State. Councilman Westerhof said he has talked with a person closely related to Seis Lagos and they do not want any part of this utility district . City Attorney Larry Jackson said that the Council does have complete say so as to whether or not this district is created within the City or its ETJ. If the City refuses the district, then Mr . Moussa will come and ask for services. If the City does not grant service, than they can go to the State with this report and will be able to form their own district . City Attorney Larry Jackson said his e'perience with MUD districts is they start out with great strive, but then fall back and a City usually has to go in to help or buy them out and pick up all their dcbts. There is a tax on Special Utility Districts, and later if the ciry annexes this property, the property owner has a special district �� �� ^ tax , city tax , county tax and school tax . Mr . Mousse does fully intend to make this a full governmental powder district . Finance Director James Johnson said that Mr. Moussa wants bulk sewer from Wylie and bulk water from Wylie Northeast Water Supply. If this district is created, the City of Wylie would have to build the Muddy Creek Lift Station and thc new treatment plant to handle their flow. The City would have no control of zoning or density. David Medanich of First Southwest said the home owners wants the City to take over this district at a latsr date, you have a problem of adding the extra taxes on these homeowners because you well annex them before taking over the system. The developer could fund all service lines and streets and then walk off from the debt and the City will eventually have to take this debt over . Mayor Trimble asked Mr. Medanich if he has met with St. Paul . Mr . Medanich said that St . Paul was not very excited about this district coming in. Finance Director James Johnson said if the Council decides to say yes to this district, put the stipulations in there that will protect the City. Cit� Manager Gus Pappas said if the Council went ahead and annexed the property in our ETJ, than that would kill one of the districts. There being no other discussion, a motion was made to adjourn with all in favor . _ ......._____..... _________ Chuck Trimble, Mayor ATTEST: _---............ ______________________ Carolyn Jones, City Secretary L/ ���� CITY COUNCIL MEETING MINUTES FEBRUARY 10, 1987 7:O0 P. M. The Wylie City Council met in regular session on Tuesday, February 10, 1987 at 7: 00 P. M. in the Wylie Community Room. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tam Joe Fulgham, Council Members Calvin Westerhof , William Martin and Sandra Donovan, City Manager Gus Pappas, City Secretary Carolyn Jones, Engineer I . W. Santry, Code Enforcement Officer Roy Faires, Chief of Police Royce Abbott , Acting Public Works Director Kenneth Moelling. Councilman Crane was absent . Mayor Trimble called the meeting to order and Councilman Martin gave the invocation. AND City Secretary received a Uzzer from Mr. Ammerman resigning from the Parks and Recreation Commission. Motion was made by Mayor Pro Tam Fulgham to accept the resignation of Derek Ammerman from the Parks and Recreation Commission . Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tam Fulgham - in favor, Councilman Westerhof - in favor , Councilman Martin - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor. Mayor Trimble made a motion to appoint Dr. Larry Nichols. Seconded by Mayor Pro Tem Fulgham. Councilman Martin made a motion to appoint John Pierrel . This motion died for a lack of a second. The vote on the first motion was as follows: Mayor Trimble - in favor , Mayor Pro Tam Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor . F Martin said he had contacted Mrs. Helen Stewart and she had agreed to be the election judge if she could appoint her on clerks for that day. Mayor Pro Tem Fulgham said Mr. Curtis Hale would accept the alternate judge position. Motion was made by Councilman Martin to appoint Helen Stewart as Judge and Curtis Hale as alternate judge for the April 4, 1987 municipal election. Seconded by Mayor Pro Tam Fulgham. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tam Fulgham - in favor, Councilman Westerhof - in favor , Councilman Martin - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor. on the east property is located of FM1378 and north of the Birmingham tract. This property has been known as Crescent Cove and was originally zoned for duplexes. The developer has found that duplex lots are not moving and is requesting that the duplex lots be rezoned to Single Family 3 lots. The Planning and Zoning Commission has head this petition and recommend this to Council for approval . Mayor Trimble opened the pubic hearing. Mayo!- Pro Tam Fulgham said this would be an improvement to zoning. Mayor Trimble asked how much duplex zoning was left that was not developed. Code Enforcement Officer Roy Fazres said indications was that most of the developers with duplex ^ / zoning or coming in to Council for rezoning. There being no other comments or questions, the public hearing was closed . This property is located on the east side of FM 1378 and north of the Birmingham tract and was previously known as Crescent Cove. The request for rezoning is from Duplex to Single Family 3. Motion was made by Mayor Pro Tem Fulgham Lo approve and sign zoning ordinance for the portion of Newport Harbor from duplex to Single Family 3. Seconded by Councilman Martin . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham in favor, Councilman Westerhof - in favor , Councilman Martin - in favor , and Councilwoman Donovan - in favor. | nis motion carried with all in favor . APPADVAL OF REQUEST FOR IN SF0 At the request of the developer and owner, this item was put on the agenda. Today, the developer and owner have asked that Council table this item until a later date. Motion was made by Councilwoman Donovan to table at the request of the owner/developer. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Martin - in favor, and Councilwoman Donovan in favor . This motion carried with all in favor. CITIZENS PARTICIPATTONN Justice of the Peace Doc Peel wanted to introduce himself to the Council and to the citizens present. His office will be open the first and third Tuesday in Farmersville and the first and third Thursdays in Wylie. North of Copeville goes to the Farmersville office and South of Copeville goes to the Wylie office. I will have a secretary, Mrs. Williams, in the office each day. I have had nothing but good co-operation from the Wylie Police Department. Mr. Peel said he liveo in Farmersville, but will come to Wylie day or night if we will just call . Jim Feivor of 315 Callie Ct. stated that he came before Council approximately one month ago about reconstructing the roads in Wylie Ranch East , Callie Ct . and Donna Drive. There are 80% of the property owners that have signed the voluntary annexation petitions and I am presenting them to Council tonight . The purpose for annexing is to have the roads reconstructed in our subdivision. The residents have requested the roads be 20 feet wide. Councilwoman Donovan wanted to know if he asked if the property owners were willing to pay for these street. Mr . Feivor said yes, they were willing to pay. City Manager Gus Pappas said staff would still have to send out the letter for annexation and for the reconstruction of the streets. City Manager Gus Pappas said a 27 foot back to back with curb assuming the curb would come in the future, what would Council want zhis asphalt street to be in width . Mr. Santry and the engineering staff as well as the other city staff request 25 foot width for street and the base being 26 feet . City Manager Gus Pappas said by the time public hearings were set up and the letters went out this could not be started until mid to late summer. Barbara Dudley 305 Callie Ct. once you have taken us into the City, is both sides of Kreymer in the City. Cits,� Manager Gus Pappas said yes. Mrs. Dudley said will the ditch get cleaned out so the water will drain and not back up onto my property. Mrs. Dudley said the culvert helps but water backs up closer to the house now. City Manager Gus Pappas said he would give this to public works for getting set up on the schedule for repair to the ditch. Mr . Santry said one of the problems is part of the current drainage crosses private property. This Property is located on the east side of FM 1378 and north of the Birmingham tract and was formerly known as Crescent Cove. The Engineering staff and Planning and Zoning Commission has reviewed this plat and recommends it for approval . This is the same property that was rezoned earlier tonight. Motion was made by Mayor Pro Tem Fulgham to approve the preliminary plat for Newport Harbor. Seconded by Councilwoman Donovan. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor - and Councilwoman Donovan - in favor . This motion carried with all in favor . preliminary plat and the constr uction plans/final plat for Quail Hollow Phase II is being presented at the same time in order to allow the school district to draw a building permit for their proposed elementary school . The Engineering staff and the Planning and Zoning Commission have reviewed these plans and recommend them to Council for approval . Motion was made by Mayor Pro Tem Fulgham to approve the preliminary plat for Quail Hollow Phase II . Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor, and Councilwoman Donovan in favor . This motion carried with all in favor ,, Motion was made by Councilman Westerhof to approve the construction plans/final plat for Quail Hollow Phase II . Seconded by Councilwoman Donovan . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem nulgham - in favor, Councilman Westerhof - in favor , Councilman Martin in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . in the planning and expanding of the First Baptist Church,, it was necessary to move the utility lines. This easement is for the new lines and gives the utility departments the room needed for working on these lines. The Engineering staff recommends approval of this easement. Motion was made by Councilman Westerhof to accept the utility easement from First Baptist Church . Seconded by Mayor Pro Tem Fulgham. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor, Councilman Martin - abstained, and Councilwoman Donovan - in favor . This motion carried four (4) in favor and one abstention . This road is located on the south half of Vznson Road from the "Y" toward the east . This dedication is needed for the road plus for the 12" water line that will service the Lake Ray Hubbard Mobile Home Park. The Engineering staff has reviewed this dedication and recommends approval . Motion was made by Mayor Pro Tem Fulgham to accept the road dedication from Harold Holzgan. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor ` Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Martin - in favor , and Councilwoman Donovan - in favor . This motion carricd with all in favor. Thimemorandum is detailing specific improVITIAT G the existing wastewater treatment plant. Mr. I . W. Santry made a report that the following were some of the things that needed to be done and that some had already been started: Polymer Addition to Clarigester , new addition of sludge beds, chlorine contact chamber and chlorination, new wet well screen, oxidation ditch aeration, influent pump station, secondary clarifier , filtration. In summary it can be said that the improvements by the staff are moving forward. The recommended priority list from CH2M Hi ] l is as follows: 1 . Installation of four aerators including necessary electrical modifications to the plant . 2. Installation of two new pumps including electrical and piping additions. 3. Secondary claifier with additional pumping, piping and electrical . 4. Two traveling filters with acccssor1es Mr. Santry said to go ahead and have CH2M Hill design another claifier incase it is needed in the future. This will Just be a design, not have it constructcd until it is necded. City Manager Gus Pappas said that the Council commissioned CH2M Hill to do an over all study of where the City was headed and to do a study on the existing plant. Actual improvements are being done on the existing plant. Staff recommends that these improvements are done but does not recommend that the second claifier be constructed at this time. Staff does recommend approval to make a request to TWC for an amendment to the City` s existing permit for the treatment plant, until the new one can be constructed. If the Council goes ahead and commissions CH2M Hill to design the new plant it would be a minimum of two years before the plant could be ready. Mayor Pro Tem Fulgham wanted to kr`ow if this claifier was stainless steel , and could it be reused. . Mr . Santry said it would be a glass fused tank, and said it could be reused if we were forced to spend this type of money right now. Motion was made by Mayor Pro Tem Fulgham to approve the Technical Memorandum #4 from CH2M Hill detailing specific improvements to the existing wastewater treatment plant . Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor, Councilman Martin - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor ,, IMMEDIATE IMPROVEMENT STEPS RECOMMENDED BY CH211 UILL1, This is approval to proceed with the improvemenU, recommended by CH211 Hill and to give City staff the authority to proceed with implementation and submission of proposal and amended permit application to the Texas Water Commission. The staff and the State needs Council action on this item so that staff can transmit to the State that it is the City' s intention to make these improvements and submit an amended permit application for the continued operation of the existing wastewater treatment plant. Motion was made by Mayor Pro Tem Fulgham to approve of the immediate improvements steps recommended by CH2M Hill Technical memorandum 44 and to give City Staff authority to proceed with implementation and submission of the proposal and amended permit application to the ! exas Water Commission. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor, Councilman Westerhof in favor, Councilman Martin - in favor, and Councilwoman Donovan - in favor . This motion carricd with all in favor. Memorandum #4 from CH2M Hill and is the next improvement item of most modest cost. Motion was made by Councilwoman Donovan to grant authorization to seek bids for supplemental aerators for 4x25hp. Seconded by Councilman Martin. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor , Councilman Martin - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor . COUNCIL DISCUSSION2 Councilman Westerhof said about two (2) weeks ago he spoke with the City Manager about touring the City facilities. This past week I was given a tour by Kenneth Moelling and I would like to thank him for taking time out of his day to spend with me and show me around . I recommend this to each council member and to others. Councilman Westerhof also stated that each council member has been given a small packet in regards to records of our municipal court . I would appreciate each Council Member, if they would review this prior to the next meeting and bo ready to discuss this item. Councilman Martin wanted to know if there was a speed limit for the trains coming through Wylie on the Cottonbelt tracks. Chief Abbot said there is a state law that permits 40 mph. City Manager Gus Pappas said he was of the opinion a Home Rule City can reduce that speed by an ordinance, he would check on this. Councilwoman Donovan wanted to know if the staff could send letters to the Railroad requesting the McCreary Road crossing be completed as soon as possible. City Manager Gus Pappas said the county did not put in the road nor the stop signs, that the developer put in this road on what was known as a farm crossing. The original crossing was requested from the Railroad on March 5, 1986 and we are still waiting for it to be approved. Councilwoman Donovan asked Mr. Santry if the letters were sent out to industries on waste control , and didn' t the City have another marble company in Steel Industrial Park. Mr . Santry said that a few letters go out at a time and then the testing begins and them another group of letters will go out . Councilwoman Donovan wanted the City to work with the Schools on the speed in school zone times. Councilwoman Donovan said she would work on this project. Councilwoman Donovan also wanted to know who MWD was. Mr . Johnson said it a pumping truck, as the Citys pumper was out of commission. PRESENTATION OF AUDIT BY BRENT DOLL OF' DOLL AND PABEIBLI. Mr. Doll said there were no great surprises on this audit and over all the City is in good financial condition . Like to commend the city staff for the work done with all the growth and setting up a computer system, things were well done. Mr . Johnson asked Mr . Doll to explain the changes in the accounting system. Mr. Doll said there is a governmental accounting system that all bonding companies like to see City using. The City of Wylie is now at that point in time when they need to begin looking at this system, and it is a fairly new system and will have to have a manual and program written for the City of Wylie. It is not something the City can go out and buy, but it has to be created for each City. City Manager Gus Pappas stated that the City Charter requires an independent auditor to come in and preform an audit at least once a year. It is a fair estimate to say that the computer system came about by the urging of Mr . Doll . Most of the statements in the management letter are � in the processing of being taken care of , or are in the processing of solving themselves. The new City Hall will have greater room with storage of records in a vault . The accounting manual is a big job but is not optional . It is also necessary for this document in order to receive GFOA approval . Certificate of conformance from GFOA. Last year the Council used a lot of the reserves, and this is a thing that troubles the auditors, Mr. Johnson and myself . This should come up with the increasing of water and sewer rates. Mr . Doll said these reserves need to be set up at budget time and not used. Mayor Pro Tem Fulgham wanted to know if the accounting manual would be done in the same manner as the Code Book of Ordinances. City Manager Gus Pappas said yes, except it was unique to the City and could not be taken in form from another City. Staff has to find someone that has done or worked on an accounting manual and then one for the City of Wylie with this persons help . Motion was made by Mayor Pro Tem Fulgham to approve and accept the audit for the City of Wylie as done by Do! ] and Karahal . Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham in favor , Councilman Westerhof - in favor , Councilman Martin - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . APPROVAL. OF DRAW #3 FROM SPEED EMKII!�i-, This draw is in accordance with the approved draw-down schedule and is less than was schedule! for this stage of the draw-down process. The amount for the draw-down is $39, 942. 2B. The cost of the project to datP K�� $167, 067. 24. Staff recommends approval of draw-down #3.: Motion was made by Councilman Martin to approve draw-down for Speed Fib-Crete on construction of municipal building: Seconded by Councilwoman Donovan. The vote was as foljowM Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor, Councilman Westerhof - in favor, Councilman Martin - in favor , and Councilwoman Donovan - in favor. This motion carried with all in favor. johnson, Finance Director for the City of Wylie requeste(J this item be tabled at this time. Motion was made by Councilwoman Donovan to table this item. Seconded by Mayor Pro Tem Fulgham. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor , Councilman Martin - in favor, and Councilwoman Donovan - in favor . This motion carried with all in favor. There being no other business, Mayor | rimble called for a motion to adjourn. A motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: _..........______............ ________ Carolyn Jones, City Secretary � � = MINUTES PLANNING & ZONING COMMISSION CALLED MEETING THURSDAY, JANUARY 22, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a called Meeting on January 22, 1987 in the Community Room at 800 Thomas Street. A quorum was present, notice of the meeting had been posted for the time and in the manner required by law. Those present were: Vice- Chairman Brian Chaney, Ben Scholz, Fred Ouellette, R. P. Miller, Jay Davis and Bill Chapman arrived late. Ken Mauk was absent. Representing the city staff was Gus H. Pappas, City Manager; Roy Faires, Code Enforcement Officer and Amanda Maples, Secretary. The meeting was called to order at 7: 00 p. m. by Vice- Chairman Brian Chaney. ITEM NO. 1 - APPROVAL OF THE MINUTES OF JANUARY 8, 1987 - Changes were made in Item no. 2, section 2. 5, should read as follows: Exemptions: Nationally recognized social or faternal organizations, as defined by the Texas Alcoholic Beverage Commission, are exempt from the acreage and food sales provisions of this section. Also in Item no. 5, paragraph 2, "acquired cheap" was misspelled. ITEM NO. 2 - AMENDMENT TO SUBDIVISION ORDINANCE ON MAXIMUM SLOPE PROVISION AND RETAINING WALLS - Mr. Pappas stated that he had done some research with surrounding cities concerning this ordinance and found that while there are different ways to measure the slope, and 11 slope is not excessive. As a general comment the staff believes that 11% is a good measurement. However, if the Planning and Zoning Commission wanted to give any credibility to sod, the staff feels that it should be full sod, not hydromulch and that the degrees should not vary more than 57. or less. He stated that if Planning and Zoning wishes to amend this ordinance they might require that tiebacks be used on retaining walls and they could give some consideration to terracing the lawn. Vice-Chairman Brian Chaney stated, for the information of the new Planning and Zoning Members, that this item came before the board on January 8, 1987. The City requires retaining walls to be used where the slope of a yard is more than 11%.. Mr. Bledsaw is a builder who feels that a retaining wall is not the only answer to errosion. He feels that if a slope is not too definate, fully soding the front and side yard would be sufficent to prevent errosion. At the January meeting Mr. Santry our City Engineer had some calculations for us confirming the use of retaining walls where the slope is greater than 11%. Mr. Bledsaw will have some percentage requirements from FHA for us to review tonight. Mr. Faires stated that he had spoken with Mr. Santry earlier in the day and he felt that an 11% slope with sod would be lenient and that terracing would require retaining walls between each terrace. 7 Mr. Bledsaw of BOB Autumn Hill , Wylie. Texas, said that the FHA requirements were a maximum fall of b inches for the first 4 feet and after that point the fall could be as much as 45 percent. FHA recommends that ground cover be used for lawns and sod for embankments they do not recommend retaining_ walls. Mr. Bledsaw also said that in his opinion a fully sodded yard would hold, he felt that a retaining wall for an 11% slope was too drastic. Mr. Bledsaw felt that the percentages should be 9 to 10 percent for a nude yard, 10 to 25 percent for a fully sodded yard and over 25 percent should require a retaining wall also, the measurement should be taken from the slab to the sidewalk. Vice-Chairman Brian Chaney asked Mr. Faires if the City would require a homeowner to repair a retaining wall if it became broken down. Mr. Faires stated that the ordinance required a retaining wall and yes, the City would make them repair it. Vice-Chairman Brian Chaney was concerned because while the City could enforce a retaining wall, he was not sure how effective the City could be at enforcing that a sod yard be kept. He said that if someone allowed the yard or part of the yard to die then how would we make them resod the yard and at what point would we enforce that. Mr. Blewsaw said that FHA stands on the idea that unless a retaining wall is properly constructed, with the force of the water and soil pushing against it, it will not hold and if a slope is so drastic that it must have a retaining wall one should be made of concrete or masonry construction. Fred Ouellette stated that the ordinance should be defined more clearly and that if full sod would protect up to a 15% slope then that should be put into the ordinance. The ordinance should specify that full tiebacks be used on retaining walls every so many feet apart. He said that if a sod yard started to errod later then the City could say that they were not in compliance and require them to build a retaining wall at that point. Ben Scholz stated that sod yards should be taken care of at the level of the deed restrictions. Fred Ouellette said that he would like to see more study done On this ordinance to see if we could give more lead way to the builder. Vice-Chairman Brian Chaney asked if the Engineering Department would have any additional information for us concerning this matter. Mr. Faires said that he had spoken with Mr. Santry earlier and he said that a 4% slope was too drastic for a nude lawn and 11% slope was too lienant for sod. Mr. Santry also said that he had requested other materials which have not arrived yet. Fred Ouellette made a motion to table this item until further information could be obtained from I . W. Santry, Jr. , F. E. , City Engineer. R. P. Miller seconded the motion. Motion carried 3-2. 1 ITEM NO. 3 - ADJOURN INTO JOINT SESSION - The Regular Meeting of the Planning and Zoning Commission was adjourned in order to convene into a joint session with the Parks and Recreation Board. ITEM NO. 4 - CONVENE JOINT SESSION WITH PARKS AND RECREATION BOARD - The Planning and Zoning Commission met in a joint session with the Parks and Recreation Board Members with the exception of Chairman Derek Ammerman, John Morgan and Willie Benitez. Mr. Pappas stated that the Parks and Recreation Board has been working to develop a F'ark Master Plan in order to designate certain areas of the City as current and future park sites. This would be considered the current Master Plan and they are working on a future Master Plan which will be ready in another month. The Parks Board makes their recommendation directly to the City Council. The City Council relies on both the Planning and Zoning Commission and the Parks and Recreation Board for recommendations on how the City should develop. You may recommend this plan to the City Council so that they may adopt it and it can be placed over our Land Use Plan Map. In this way developers will know where parks are planned for in our City. However, the Parks Board does feel that this plan is amendable. Fred Ouellette asked where the park zones are. Mr. Pappas said that the park zones were not mentioned on this map but they had discussed useing the Lift Station Districts as the Park Zones. If you would pass this plan you could make it apply to the Lift Station Districts. ITEM NO. 5 - RECOMMENDATION TO CITY COUNCIL ON PARKS DEDICATION ORDINANCE - Mr. Faires wanted to reafirm that this ordinance has been tested through the Supreme Court in November of 1984 and it was upheld in favor of College Station. Ben Scholz was unclear on Section la pertaining to the remodeling of structures on existing residential property, he wanted to know how it applied to an individual home. Mr. Pappas stated that the City Council , under the Homerule Charter, has decided that recreational areas are important and developers should provide them whether they are developing new subdivisions or tearing down old subdivisions and rebuilding them. An individual house would not qualify. However, if you bought blocks of old homes and tore them down and subdivided the lots, that would apply. Vice-Chairman Brian Chaney was not clear on Section 4 pertaining to parks being located on 50 acre tracts of land. Mr. Faires stated that because of the size of major parks, they should be taken out of large tracts of land so that the developer would have a better opportunity to recover financially from the dedication of the land. R. P. Miller was unclear as to how proper access would be obtained to the parks. /9 Mr. Pappas stated that this ordinance establishes a rule which says that no longer can a developer develop a subdivision with the maximum number of lots and have no consideration for parks, he must do something. The specific location of the park will be delt with by each of the boards coming as near as possible to the Master Plan. Then in reviewing the plat you will see the park. At this time you will look at whether the park is in the right place and if the access and utilities are adequate to the park. This ordinance will not be popular with the developers and you may have to wait a considerable amount of time in the future before you are appreciated for your effort. It is unfortunate that we have to come to this but it is unrealistic to think that the City of Wylie will have good parks in the future without it. Curtis Hale asked if this ordinance would discourage development in Wylie. Vice-Chairman Brian Chaney said that he had visited with some developers that have built in Austin. Their comments were about how restrictive Austin is. They tell the developer how many trees to put in and even what kind, this ordinance is not nearly as restrictive as that and Austin is growing all the time. Mr. Pappas stated that some developers will scream about this ordinance but Austin is an example of a city that is getting better looking because of development and because of that beauty it is now a hot spot to build. Mr. Faires predicted that within one year at least five cities would call Wylie wanting a copy of this ordinance. Jay Davis asked if a charge of $225. 00 will be enough to cover the cost of building these parks. Mr. Pappas said No, but it will greatly reduce the cost of bond issues. Fred Ouellette stated that the Parks and Recreation Board should be added to Section 4 and that "This which are to supoortive of these parks. " be removed from this section. Ben Scholz made a motion to accept the ordinance with the above stated corrections. Bill Chapman seconded the motion. Motion carried 6-0. The Parks and Recreation Board also approved this ordinance, see Parks and Recreation Minutes of January 22, 1987. ITEM NO. 6 - RECOMMENDATION TO CITY COUNCIL ON ADOPTION OF PARKS MASTER PLAN - Bill Chapman made the motion to accept the Parks Master Plan and to use the Lift Station Districts as the Park Zones. Jay Davis seconded the motion. Motion carried 6-0. The Parks and Recreation Board accepted the adoption of the Parks Master Plan at a previous meeting. Vice-Chairman Brian Chaney asked Mr. Pappas to schedule a workshop for the City Council and the Planning and Zoning Commission because there are new members on both boards and he felt the need for them to get to know each other and discuss the general development of the City. G� D ' ITEM NO. 7 - ADJOURN - Ben Scholz made a motion to adjourn the Planning and Zoning Meeting of January 22, 1987. Bill Chapman seconded the motion. Motion carried 6-0. Brian Chaney, Vice-Chairman Planning & Zoning Commission Respectfully Submitted: /44� Amanda Maples, Secretary ^7 � ` MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY, FEBRUARY 5, 1987 The Planninq and Zoning Commission for the City of Wvlie. Texas met in a Reqular Meeting on Fe0ruary 5. 198- in the Communitv Room at 8{«} Thomas Street' A quorum was present, notice of the meeting had been posted for the time and in the manner required by law. Those nresent were: Vice— Chairman Brian Chaney, Ben Scholz. Fred Ouellette, R. P. Miller. Ken Mauk and Jav Davis arrived late. Bill Chapman was absent. Representing the city staff was Rov Faires, Code Enforcement Officer and Amanda Maples, 5ecretarv. The meeting was called to order at 7 : 04 p . m. bv Vice- Chairman Brian Chaney. IT _ The vote was recorded wrong for ! rem No. � Amendment to Subdivision Ordinance on may zMuni slope Proviszon and retaininn walls - the actual vote should nave been 2-3' This item died due to a lack o+ action bv tne F'lanninq and Zoninq Commission. Ben Scholz made a motion to accept the minutes wzth the above stated correction. Ken Mauk seconded the motion. Motion carried 5-0. Jay Davis was not present to Participate in this vote. ITJ�Mi_N8^-- p4IN&G--[F. DUPL X--'SECTI{}h�--OF�-'-[�|ESENT'-{3}VE �, - `'he oeve1oper of this adOitzon, located on tne east side o4 FM1378- an'zve the Birmingham tract. is requestinq this chanqe from ouplex to SF3. The required public notices Mave been posted and the required letters were mailed to propert" owners within 200 feet of the propertv under conszderatzon. Mr. Faires stated that the first time this came before the Planninn and Zoning Commission it was under the name of Cresent Cove South. This was a joint venture between Mr. Cook of Arapno East and M,' houssa. However. the partnership has split and Mr. Cool,: intends to qo forward with his development me is requestinq this cnanqe oue to a lack of interest in duplex lots. The staff recommends approval of this request. Tnis will also have to be rep1ated which is the next item on your aqenda. Ken Mauk asked Mr. Faires now this chanqe would effect the percentaqe ratio of 6F3 housinq in our land use plan . Mr. Faires stated that the numbers involved in this particular chanqe were so small that they probablv would not have an, real effect on the Pero entaqes for have a down effect on the percentages for 2F' Ben Scholz asked Mr. Cook now he fe1 + about not havinq a buffer zoninq between his Single Famil`' zoninq pnd Mr ' Moussa s Multi-Familv zoninq. Mr' Cook stated that if Mr. noussa built his Multi-F *mily he would have to put up a Perimeter Fe',ce an`'L-jav clon r nave a problem with that. R. R. Miller asked if there woulu oe an^ park land oedicated from this Property. ^ Brian Chanev stated that since the property was less than 50 acres the dedication would probably be in money. Mr. Faires said that the dedication for parks comes in at thKz, Final Plat staqe and that their only obliqation would probably be on the part that is replated. ken Mauk made a motion to recommend to the Council that the request for rezoninq from 2F ro 5F3 oe accepted. Freo Ouellette seconded the motion . Motion carried b-0. ITEM 3 -- PRELIMINARY PLAT FOR__ Thia additionwas _. ^ , ^~.s^ ~ =.""'. as Cresent Cove Soutri. The joint venture partnership has split and the north section is being resubmitted after the preliminary time limit expired Basic water and sewer service, as well as dra inaqe will not ' change. The plat, as presenteu bv rne developer, Baron Cook. reflects the name change and the rezoninq ' Th enqineerznq department has revzewed this resubmitted plat and recommends approval . ' Mr. Faires commented that the 2F zoning had been changed to SF3 zoning, creating 30 lots in this category. Baron Cook stated that they have shown Mr. Moussa s part of the development on this plat, as a shaded area, in order to show proper ingress and egress to the lots on the south end of the development. When Mr. Moussa develops, his streets` sewer and water will all tie in at the south end. Fred Ouellette asked Mr. Cook if anv of the lots were smaller that 0 , 200 square feet. Mr. Cook replied "no. " Ben Scholz made a motion to accept the Preliminary Plat for Newport Harbor. Jay Davis seconded the morion. Motion carried 6-0. ITEM NO. 4 - PRELIMINARY/FINAL PLAT/CONSTRUCT ION PLANS F R submitted as Preliminary Plat and Final Plat/Construction Plans as a sequence in order for the school to be able to draw a Ouilding permit as soon -as pc)ssln _ 1e for the new elementary school to 1:.-!e bL111C on tl-le land ric.-sir-InDre- d for that purpose and included in this addition. The engineering department has these rl�ats and r1an-F and recommends approval . Mr. Faires stated that the school had approached the developer to purchase a school site to build P. M. Akin Elementary School , thev reached an apreement and the school. sent out bids. Upon awarding a contract and applying for a building permit l informed them that I could not issue a building permit on an illegally subdivided pzece of propertv' The school has replated the property subdividinq out their tract of land to allow them to qo foreward witn t�e buildinq of the school copv of the contractual sqreement Oetween the school anc! the developer is included in vour packet it states that the improvements will be in Place or the time that the school la opened. Mvself, Mr Pappas and Mr. Santry have revzeweo this contracr and w' feel that the school is protected . '' ~ Brian Chaney stated` for the purpose of the new members, that all that the Plannin9 and Zoninq Commission was to consioer is the subdivision of the school property so that it becomes a free standing entitv. We are considerinq the Preliminary Plat and the Final Plat at the same time in order to speerl thinqs up for the school . Fred Ouellette asked whv the school did not show water. sewer and fire hvdrant plans on their final plat. Mr. Faires stated that those things were covered in the contract between the school ano the developer' Fred Ouellette then asked if Park Land Dedication was covered in the plans. Mr. Faires stated that Park Land Dedications did not come out of school property because it was non-residential property. Ben Scholz asked if the roads had been completed. Mr. Faires said that half of them were in but by the time the school opens they will all be completed as required by the contract. Fred Ouellette made a motion to approve the plats. Ken Maul.:: seconded the motion. Motion carried 6-0. ORDINANCE ON REAR YARD SETBACKS FOR SF3 - Mr. Tim Terrill of Albritton Development Company, actinq as a consultant for Aston Development Companv on the Westgate Subdivision, said that he was requesting that the rear setback be chanqed for the SF3 housinq in order to allow them to build a larner house on the lots' He stated that thev ha(..1 found a lot of market resistance to this size of lot and that in attempcinq to change tne setback they had spoken w: th the Citv Staff ano nag determined that this was the best way to achieve this rather than ask for a varriance. Mr. Tom Cravens. with Lich liter/Jameson of Dallas, stated that with this size of lot the house pad could only be 5B feet deep and that by decreasing the rear setback to 20 feet it would allow 5 additional feet in which to build a larger house. He said that 20 feet of rear space was enough to park a car and still not be at the back line of the lot. Vice-Chairman Brian Chaney stated, to the Planning and Zoning Commission, that any decision made on this matter will not only effect this subdivision, but would effect all other subdivisions in Wylie. Mr. Faires stated " I believe that 3 of you were on the Planning and Zoning Commission at the time that the presenr requlations were adopted. I question the statments concerninq the marketinq ability of these lots uecause I know of some builders who want to build on these lots. Further. when thev came to my office to discuss chanqinq the rear setback l informed them that they could not accomplisi--I this chanqe through a varriance due to a harosIoip which , s of their own makinq. One of the thinqs that we have tried re avozo , in our community, is a super larqe nouse on + small lot. in my opinion we would be making these changes for one developer who does not want to comp } y, when other developers and builders in our community ad `ust their plan--- to meet our ordinances. I do not recommend this request for chanqe. ^ Mr. Tim Terrill statecl that they realized that mistakes were maoe bv Astor Development in the deptn of the lots, but he would like to get builders to build on these lots and they indicate that the lots are too small . Mr. Jim Douqlas. of Douglas Properties, stated that he has heard complaints from builders about the lots being too small . This is a problem subdivision , most of these SF3 lots are qoing to be hard to build on and I would like to pet builders to build on them. I can understand your not wanting to change the setback for the entire citv but you might qrant a varriance on the lots that are going to be nard to build on. The people that created the problem from Astor Development are no longer here and we have to market these lots. Mr. Faires stated that when this property was being planned the planner at that time was advised that his conception of the lot size was misconceived and he said that it met the qualifications and that the Citv would have to accept it. This body does not have the authoritv to grant a varriance and you would have to prove hardship ' there was no nards=p on this land before it was subdivided. Vice-Chairman Brian Chaney stated that the Planning and Zoning Commission did not decide whether somethinq is marketable or not rather what is best for tne entire city. If we recommend that this ordinance oe chanqed it will effect all SF3 subdivisions re9uardless of the case. Fred Ouellette stated that even with the 25 foot rear setback you could build the same size house. Tom Cravens explained that with the extra 5 feet the builder could have more flexability. Vice-Chairman Brian Chaney said that they were wantzng to build SF2 houses on an SF3 lot. " I feel that this ordinance should stand as it is. " R. P. Miller asked what size the nomes were that were built around this property. Mr. Faires said that the existing homes are 1300 to 1400 square feet and he wants to build 1700 square foot homes. Vice-Chairman Brian Chaney stated that the Planninq and Zoning Commission is responsible for protecting home buyers in that a very small house is not built next to a larqe house' Fred Ouellette commented that he felt that the ordinance was good and should stand as it is. R. P. Miller maoe at motion to leave the ordinance as zr stands. Ken Mauk seconded the motion. Motion carried 6-0. Fred Ouellette requested that Mr' Faires see to it that an item was placed on the next Planning and Zoning agenda to elect a chairman. Mr. Faires suqqested that two items be placeo on the agenda,, one to elect a chairman and one to elect a vice-chairman it necessary. ~~ ITEM NO. 6 - ADJOURN - Ken Mauk made a motion to adjourn the Planning and Zoning Meeting of February 5. 1987. Fred Ouellette seconded the motion. Motion carried 6-0' 8rian Chanev, Vice-Chairman Planninq & Zoninq Commission Respectfully Submitted: `�-----------------7--�-~---~� Amanda Maples, Secretary MINUTES PARKS & RECREATION BOARD MEETING CALLED MEETING THURSDAY, JANUARY 22, 1987 The Parks & Recreation Board for the City of Wylie, Texas, met in a called session on Thursday, January 22, 1987 at 7: 30 P. M. at the Community Room at 800 Thomas Street. Notice of the meeting had been posted for the time and in the manner required by law. Those present were Vice- Chairman Curtis Hale, Mrs. Peggy Sewell , Mrs. Jayne Chapman, Mr. Morris Love, and the Planning and Zoning Commission. Absent from the Parks and Recreation Board were Chairman Derek Ammerman, Mr. John Morgan and Willie Benitez. Representing the staff were Mr. Gus Pappas, City Manager; Mr. Roy Faires, Codes Enforcement Officer; Mrs. Amanda Maples, Secretary: and Susan Marquardt, Secretary. Vice-Chairman Curtis Hale called the meeting to order at 7: 50 P. M. AND PARK MASTER PLAN - Vice- Chairman Brian Chaney opened the meeting by explaining to the new members of the Planning and Zoning Commission that the Dedication Ordinance had been reviewed several months prior to this meeting by both boards. This ordinance is set- up to allocate funds or property from developers for parks in the City of Wylie. Mr. Gus Pappas, City Manager; asked if he could explain the Park Master Plan then go into the Dedication Ordinance. Mr. Gus Pappas, City Manager informed the Planning and Zoning Commission and the Parks and Recreation Board had been working for weeks on a Parks Master Plan consisting of both current and future park sites within the City of Wylie. The master plan should not be considered as a final plan; that will probably take about one month to 45 days to get to the Planning and Zoning Commission. Mr. Gus Pappas, City Manager; went on to say that the Parks and Recreation Board would make their decisions and recommendations directly to the City Council . In the area of the park development, the City Council relies on both the Parks and Recreation Board and the Planning and Zoning Commission to make recommendations for the future development of the parks in the City of Wylie. The Parks and Recreation Board feels that this plan can be amended. Mr. Fred Ouellette asked where the park zones are? Mr. Gus Pappas, City Manager replied, that the park zones were not mentioned on this map but they have discussed using the Lift Station Districts as the parks zones. If you pass the master plan you could make it apply to the Lift Station Districts. Vice-Chairman Brian Chaney asked if the Parks and Recreation Board members had any questions? Vice Chairman Curtis Hales replied that our board had already given our approval at the last meeting. Vice-Chairman Brian Chaney asked if the Parks and Recreation Board could give any other information in regards to the Park Master Plan. Mrs. Peggy Sewell stated that different things would be made up at different locations such as jogging trails, bike trails playgrounds and etc. The parks will not all be the same. -��� SAERNING THE PROPOSED PARK LAND DEDICATION ORDINANCE -- Vice -Chairman Brian Chaney moved on to the Park Land Dedication Ordiance. Mr. Roy Faires, Codes Enforcemnt Officer wanted to reafirm that this ordinance has been tested through the Supreme Court in November of 1984 and it was up held in favor of College Station. Mr. Ben Scholtz asked in Section 1A, the remodeling of structures? Mr. Pappas, City Manager; stated that the City Council , under the Home Rule Charter, has decided that recreational areas are important and developers should Provide them whether they are developing new subdivisions or tearing down old subdivisions and rebuilding them. It would not qualify for just one individual home, however, if you have a block of old homes being torn down that would apply. Vice-Chairman Brian Chaney asked on Section 4 pertaining to parks being located on 50 acre tracts of land. Mr. Roy Faires, Code Enforcement Officer replied, that with the size of major parks they should be taken out of large tracts of land so that the developer would have a better opportunity to recover financially from the dedication of the land. Mr. R. P. Miller asked if the locations of these parks would be designated to major roads? Mr. Gus Pappas, City Manager replied that this ordinance establishes a rule which says that no longer can a developer develop a subjivision without having any consideration for parks, he must do something. The specific location of the park will be delt with by each of the boards coming as near as possible to the Master Plan. Then in reviewing the plat you will see the park. At this time you will look at whether the park is in the right place and if the access and utilities are adequate to the park. Mr. Gus Pappas, City Manager informed both boards that the ordinance will not be popular with the developers. However, It is unrealistic to think that the City of Wylie will have good parks in the future without the ordinance. Vice-Chairman Curtis Hale asked if this ordinance would discourage development in Wylie. Vice Chairman Brian Chaney said that he had visited with some developers that had built in Austin. Their comments were about how restrictive Austin is. They tell the developer how many trees to put in and even what kind, this ordinance is not nearly as restrictive as that and Austin is growing all the time. Mr. Roy Faires, Code Enforcement Officer predicted that within one year at lest five cities would be calling on Wylie wanting a copy of this ordinance. Mr. Jay Davis asked if the charge of $225. 00 would be enough to cover the cost of building these parks? Mr. Gus Pappas, City Manager replied, No , but it would greatly reduce the cost of bond issues. Mr. Fred Ouellette stated that the Parks and Recreation Board should be added to Section 4 and "This which are to supportive of these parks. "be removed from this section. Mrs. Peggy Sewell made recommendation to the Planning and Zoning Commission to recomend to the City Council the Park Land Dedication Ordinance. Mr. Morris Love seconded the motion. Motion carried 4-0. The Planning and Zoning Commission also approved the ordinance, see Planning and Zoning minutes of January 22, 1987. ITEM NO. 3 - CONSIDER RECOMMENDATION TO THE CITY COUNCIL CONCERNING A PARK MASTER PLAN FOR THE CITY OF WYLIE - Vice- Chairman Curtis Hale stated that the Parks and Recreation Board accepted the Parks Master Plan at a previous meeting. Mr. Morris Love stated that the Parks and Recreation Board voted on the park zones previously, maybe 3 months ago. Mrs. Jayne Chapman went on to make motion on the park zones, and Mr. Morris Love seconded the motion. Motion carried 4-0. The Planning and Zoning Commission accepted the Parks Master Plan and added the use of the Lift Station Districts as the Park Zones. See Planning and Zoning Commission minutes of January 22, 1987. ITE - With no more business or discussion, Vice-Chairman Curtis Hale asked for a motion to adjourn. Mr. Morris Love made the motion, seconded by Mrs. Jayne Chapman. Meeting was adjourned by Vice-Chairman Curtis Hale. Curtis Hale, Vice-Chairman Parks & Recreation Board Respectfully submitted: Susan Marquardt, Secretary ,75� MINUTES PARKS & RECREATION BOARD MEETING REGULAR MEETING TUESDAY, FEBRUARY 3, 1987 The Parks & Recreation Board for the City of Wylie, Texas, met in a called session on Tuesday, February 3, 1987 at 7: 00 P. M. at the Community Room at 800 Thomas Street. Notice of the meeting had been posted for the time and in the manner required by law. Those present were Vice-Chairman Curtis Hale, Mr. Morris Love, and Mr. John Morgan, had to leave the meeting about 7: 30 P. M. Mr. Willie Benitez arrived late, about 7: 30 P. M. Due to a lack of quorum the meeting could not be called to order. Some discussion was held on the long term park plans and creating a position for a Parks Director. Mr. Pappas, City Manager, informed the Parks & Recreation Board that the City Council had approved the passage of the Parks Master Plan and the Parks Dediciation Ordinance. Curtis Hale, Vice-Chairman Parks & Recreation Board Respectfully submitted: Susan Marquardt, Secretary ��O REQUEST TO BE PLACED ON AGENDA Date For next Council Agend _ __ _ d �q�. __ i I , request that the following item be placed on the City Council Agenda. Consider: JSettiaQL _QQtiQn for the recall of nounellpersnn_SandLa_UaaQYaa_LQ_ba held Aril 4 L1987 a_ Reason for request: _A valid and sufficient Recall Petition .,_. h,a_s_122.n_Lertifled_hy_the City Secretary and duly _presented,_ So the City Council .The Council has no choice under the City_ Charter but to set the requested recall election . Thank you, Si/2k 1 )de-4-a/1Z/ hature & 4 Ai e i 472 Jr Street �// 7 - 3 / City, Text Zip Code 6-/y) 6 fd - 2. Y4 3 Phone Number NOTICE OF GENERAL ELECTION (AVISO DE ELECCION GENERAL) To the Registered Voters of the City of Wylie, Texas: (A los votantes registrados del Cuidad de Wylie, Texas: ) Notice is hereby given that the polling places listed below will be open from 7: 00 A. M. to 7:00 P. M. on April 4, 1987 for voting in a general election for the Recall of Councilwoman Sandra Donovan, Council Place 6. (Notifiquese, por las presente, que las casillas electroales sitados abajo se abriran desde las 7: 00 A. M. hasta las 7:00 P. M. el 4th de April , 1987 para votar en la Eleccion General para elegir para la destituir de Consejero femenina Sandra Donovan, Consejero Lugar 6. . LOCATION OF POLLING PLACE: First United Methodist Church Fellowship Hall (DIRECCION DE LAS CASILLAS ELECTROALE) : Uno Unidad Iglesia Methodist Felofip Hol Absentee voting by personal appearance will be conducted each weekday at 108 S. Jackson, City Hall in the City Secretary' s Office between the hours of 8: 00 A. M. and 5: 00 P. M. beginning on March 16, 1987 and ending on March 31 , 1987. (La votacion en ausencia en persona se llevara a cabo de lunes a viernes en 108 S. Jackson, Ciudad Hol , Ciudad Secretario' s Oficio, entre las 8:00 de la manana y las 5: 00 de la tarde empezando el March 16, 1987 terminado el March 31 , 1987. ) Applications for ballot by mail shall be mailed to: (Las solicitudes para boletas que se votaran en ausencia por correb deberan enviarse a: ) `- Carolyn Jones, City Secretary Absentee Voting Clerk P O Box 428 Wylie, Texas 75098 Applications for ballots by mail must be received no later than the close of business on March 27, 1987. (La solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el March 27, 1987. ) Issued this the 24th day of February, 1987. (Emitada este dia 24th de February, 1987. Chuck Trimble, Mayor Chuck Trimble, Alcalde �� ORDER OF ELECTION FOR MUNICIPALITIES An election is hereby order to be held on April 4, 1987 for the purpose of : RECALL OF COUNCILWOMAN SANDRA DONOVAN, COUNCIL PLACE 6 Absentee voting by personal appearance will be conducted each weekday at 108 S. Jackson, Wylie, Texas, between the hours of 8: 00 A. M. and 5: 00 P. M. beginning on March 16, 1987 and ending on March 319 1987. Applications for ballot by mail shall be mailed to: Carolyn Jones, City Secretary Absentee Voting Clerk P O Box 428 Wylie, Texas 75098 Applications for ballots by mail must be received no later than the close of business on March 27, 1987. Issued this the 24th day of February, 1987. Chuck Trimble, Mayor 9 5 0R0EN DE ELECC%ON PARA MUNDC%p,IOS Por la presente se ordena que se llevara a cabo una eleccion el April 4, 1987 con el proposito de: PARA LA DESTITUIR DE CONSEJERO FEMENINA SANDRA DONOVAN, CONSEJERO LUGAR 6 La votacion en ausencia en persona se llevara a cabo de lunes a viernes en 108 S. Jackson, entre las 8: 00 de la manana y las 5: 00 de la trade empezando el March 16, 1987 y terminando el March 31 , 1987. Las solicitudes para boletas que se votaran en ausencia por correct deberan enivarse a: Carolyn Jones, Ciudad Secretariat Votacion En Ausencia P O Box 428 Wylie, Texas 75098 Las solicitudes para boletas que se votaran en ausencia por correo deberan recibirse para el fin de las horas de negocio el March 27, 1987. Emitida este dia 24th de February, 1987. ---------------------------- Chuck Trimble, Alcalde �� �� • APPLICATION TO r--1 Board of Adjustment and Appeals (Building) ORDINANCE 83-15 Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 Q Planning and Zoning Commission ORDINANCE 81-5 ' NAME Albritton Development Co. ADDRESS 5956 Sherry Lane, Suite 2000, Dallas, Texas 75225 Eel Multi-Family KOOK (Townhome) of SUBDIVISION Westgate Phase I BASIS OF APPLICATION: IInterpretation ISpecial exception for use or development LiVariance x Rezoning Exception to Building Code EXPLANATION: To upgrade zoning from Multi-Family Townhome to Single Family Detached (SF-3) in Westgate Phase I Subdivision. For:, Aim( Develfwe4 Cp"ipa"y 1111.nifoti . ,rntwi 6 SIGNITURE of APPLICANT1,,;4 .1 ' ‘I 444- lh? DATE Must be accompanied by filing fee of $ Received: Date: CODE ENFORCEMENT OFFICER • ZONING DESCRIPTION BEING a tract of land situated in the E.C. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas, being part of Westgate, Phase I, an addition to the City of Wylie, as recorded in Cabinet F, Pages 793 and 794, of the Collin County Plat Records,and being more particularly described as follows: BEGINNING at a point in the south tight-of-way line of FM 3412 (90' width), said point being both the northwest corner of 268.879 acre tract of land conveyed by deed to N.C. Jeffries in Volume 1703, Page 784 of the Deed Records of Collin County, Texas, and approximately 40' south of the northeast corner of said Davidson survey; THENCE South 00° 58' 50" West along the west line of said Jeffries tract a distance of 310.67 feet to a point for comer, THENCE South 70°54'27"West a distance of 316.37 feet to a point for comer, THENCE North 19° 05' 33" West a distance of 20.00 feet to a point on a curve to the left having a central angle of 71° 02' 16" and a radial bearing and distance of South 70°55'50"West 214.25 feet; THENCE along said circular curve to the left an arc distance of 265.63 feet and a chord bearing and distance of North 54° 35' 18" West 248.95 feet to the point of tangency; THENCE South 89°59'34"West a distance of 180.00 feet to a point for corner, THENCE North 00° 00' 26" West a distance of 251.21 feet to a point in the south right-of-way line of aforementioned FM 3412; THENCE North 89° 59' 34" East along said south right-of-way line a distance of 294.45 feet to the northwest corner of a tract of land described as an exception to a tract of land conveyed by deed to Sal Del Rey Properties, Inc., as recorded in Volume 1663, Page 451, Deed Records of Collin County,Texas; THENCE the following beatings and distances along said exception tract to points for comer. South 00°22'55"East,261.93 feet; North 88°46' 59"East, 169.96 feet; North 00°04' 18"West, 130.96 feet; North 52° 13'55"East, 14.84 feet; North 00° 14'06"West, 118.29 feet to the south right-of-way of aforementioned FM 3412; THENCE North 89° 59' 34" East along said south right-of-way line a distance of 216.55 feet to the POINT OF BEGINNING and CONTAINING 0.5915 acres or 25,764 square feet of land. •11"" MI BIT B ,lem lik.t c o 4/K c rseA r CD CI .0,•111111 " V . •"Prillig FP 'NA .4 . Iry es g Allignk, ..-7, r15.4)7.4 :6, ..:,,,,:;;,i. ...1v, -. * 4: I• 4,1 k .. ... : .,.:,..• __A- .• - r6-•A 11* impro ,t. q.• ", - A r----111- 0.''1 .-,461A:Asiscrl I ' All=r4A. 41140'. . .....--"' • 0. lif . 0 . or ...... .._ .. - f-1"64:rti 0 ...., ...,. ..- 7 ,......' -- 1014., ' 0pµ1xv "CRacT mat f�••' AIWA el, ; -9 _ - - .... . .., / /%0 (11 -• • / ti � / •N;;i I Mt ' 00°. all /00 UM IVsa f...1�• - 8 1 7 V/I - A I I I I LI PA I I I I I I P PrAll I IrAl I III CrIllt illr WA IIE PrA I I Era El r - !i' ...1.. ..:-,... . . ••%4-'--. v..f . .4:!.:.0:';: , : rr i ,. r jl •AY •• ••tw • HMII - •..• .N.:' 70/4. (4 c • ti. gy- o Pi 3 ir IY3 ig 1 r► •t i 1,1 C . IH•tWr 111••f nWPM 1•�7•� M Sloes MIS Y •_ • ' to 4'r 15 �1•tiNKf/•I4•fiN.tfl •l�•r' • a.4 rr c% •✓•f••�rr..N•r.../•M�1� riiiii 1. A'iY N e • r•� I ci fpst.•► sews I au. 1 too Kfi1• IV in F: t.`:: • , a w. i.s in i• c7 . ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of _�JJl������ ��0���x�' should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1 . That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: Single _FAM1ly-3 Said property being described as follows: See attached c�/ SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200. 00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SEC' ION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 24tb day of -__Fehr `nr_y v 1987 ._ _ Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary • • • ZONING DESCRIPTION BEING a tract of land situated in the EC. Davidson Survey, Abstract No. 266, City of Wylie, Collin County, Texas, being part of Westgate, Phase I, an addition to the City of Wylie, as recorded in Cabinet F, Pages 793 and 794, of the Coffin County Plat Records,and being more particularly described as follows: BEGINNING at a point in the south right-of-way line of FM 3412 (90' width), said point being both the northwest corner of 268.879 acre tract of land conveyed by deed to N.C. Jeffries in Volume 1703, Page 784 of the Deed Records of Collin County, Texas, and approximately 40' south of the northeast corner of said Davidson survey; THENCE South 00° 58' 50" West along the west line of said Jeffries tract a distance of 310.67 feet to a point for comer; THENCE South 70°54'27"West a distance of 316.37 feet to a point for corner; THENCE North 19° 05' 33" West a distance of 20.00 feet to a point on a curve to the left having a central angle of 71° 02' 16" and a radial bearing and distance of South 70°55'50"West 214.25 feet; THENCE along said circular curve to the left an arc distance of 265.63 feet and a chord bearing and distance of North 54° 35' 18" West 248.95 feet to the point of tangency; THENCE South 89°59'34"West a distance of 180.00 feet to a point for corner; THENCE North 00° 00' 26" West a distance of 251.21 feet to a point in the south right-of-way line of aforementioned FM 3412; THENCE North 89° 59' 34" East along said south right-of-way line a distance of 294.45 feet to the northwest corner of a tract of land described as an exception to a tract of land conveyed by deed to Sal Del Rey Properties, Inc., as recorded in Volume 1663,Page 451,Deed Records of Collin County,Texas; THENCE the following bearings and distances along said exception tract to points for comer: South 00°22'55"East,261.93 feet; North 86°46'59"East, 169.96 feet; North 00°04' 18"West, 130.96 feet; North 52° 13'55"East,14.84 feet; North 00° 14'06"West, 118.29 feet to the south right-of-way of aforementioned FM 3412; THENCE North 89° 59' 34" East along said south right-of-way line a distance of 216.55 feet to the POINT OF BEGINNING and CONTAINING 0.5915 acres or 25,764 square feet of land. 7 141" ---J.1iii ...• .1 • .. • - el. 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"?.., . .•A- •Jr•:,... .''.4C11:.. ... :. kn• ,141 6.* 1 t 0. 94 . .i s i'A 1 . r;"` ,.• . .•.. —.......:•••••.. .• NOW .1)*•%••••° J.,Vit).3. •- t obi • . C 14tri 0 Z ,tv i Ivor -.. 4 9 IT9THX3 1.40 MA 4. .1. --A Federal Emergency Management Agency a ,,, Region VI, Federal Center, 800 North Loop 288 ° Denton, Texas 76201-3698 NTH December 30, 1986 Mr. Roy Faires Floodplain Administrator City of Wylie Post Office Box 428 Wylie, Texas 75098 Dear Mr. Faires: Recently, you received correspondence from the National Office of the Federal Emergency Management Agency (FEMA) concerning recent Federal,. changes to the National Flood Insurance Program (NFIP). These changes became effective October 1, 1986 and require that all communities par- ticipating in the NFIP update their regulations to incorporate the changes. Enclosed for your use is a model ordinance which contains the minimum requirements of the NFIP as well as the recent changes. Adoption and submittal to this office must be accomplished by April 1, 1987. You may choose to adopt the ordinance as is, rescinding your present flood damage prevention ordinance. However, since these provisions represent only the minimum requirements, we recommend and encourage you to con- sider adopting more stringent regulations at this time which will pro- vide greater level of protection against flooding. Some of these recommended, stronger measures are: - Require lowest floor elevation of both residential and non- residential structures to ONE or MORE feet above the base flood elevation (In Unnumbered A Zones the minimum requirement is to use the best avail- able data from a Federal, State or other local source for requiring ele- vation.) - In unnumbered A Zones (flood hazard areas •without base flood elevations where it is required that you use the best avail- able data) require one of the following actions as a condition of a permit: .Z/� -2- a) Determine an elevation from the nearest bench mark within a C Zone and require the lowest floor of the structure in the unnumbered A Zone to be one (1) foot above such eleva- tion. b) Where flooding history is greater than the above elevation, require lowest floor elevation to or above such level of flooding. c) Require elevation of the lowest floor to TWO OR MORE feet above the HIGHEST ADJACENT GRADE next to the building site. d) Require that the base flood elevation be established through an engineering study and then use this data for requiring the lowest floor elevation to ONE FOOT above the base flood eleva- tion. - The minimum regulations provide that for subdivisions of five (5) acres or more or 50 lots or more whichever is less, the base flood elevations must be developed by the builder and this data used to regulate development within that area. We would recommend that you consider extending this requirement to subdivisions (commercial and residential) which are smaller in size i.e. , subdivisions of 3 acres or 30 lots, whichever is less. - Prohibit the placement of any manufactured housing (mobile homes) within the areas which have been identified as regulatory floodways. (The recent changes remove this restriction if an engineering analysis with hydraulics and hydrology computations prove that no increase in the base flood elevation would be caused.) - For areas outside the identified flood hazard areas which have experienced flooding or where heavy development is occurring, re- quire a specific degree of elevation to compensate for the loss of stormwater storage or drainage areas. Please keep in mind that the National Flood Insurance Program regulations are minimum only. In a completely developed watershed area, flooding from the 100-year flood event may still damage structures which have their low- est floors built at the base flood elevation. Thus, we encourage you to consider strengthening your ordinance requirements to protect against such occurrences. -3— Additionally, your community should include within the ordinance, the specific enforcement measures and related penalties or fines to be imposed for failure to comply with the provisions of the ordinance. Although the ordinance is a legally enforceable document without such language, ease of enforcement will be strengthened by providing the enforcement language. Prior to April 1, 1987, please submit to the address below, one (1) copy of the signed, adopted ordinance which incorporates the October 1, 1986 revisions; and (2) a copy of the Development/Building Permit Form which your community uses to implement the floodplain regulations: Federal Emergency Management Agency Attention: Maryetta Cunningham Natural & Technological Hazards Division 800 North Loop 288 — FRC Denton, Texas 76201-3698 Should you need assistance in the adoption of your ordinance or have other questions relating to this correspondence, you may contact me at (817) 898-5161 or Roy Sedick, Texas Water Commission, (512) 463-8013. The State is providing assistance to us in this project and will be pleased to provide this technical assistance to you. Sincerely, -� 4°‘::5 Maryetta nin am Natural Hazar Program Specialist Natural & Technological Hazards Division Enclosure ORDINANCE BEING AN ORDINANCE TO CONTROL CONSTRUCTION IN AREAS SUBJECT TO FLOODING, CONTAINING A SEVERANCE CLAUSE, CONTAINING A PENALTY CLAUSE, AND DECLARING AN EMERGENCY. This ordinance shall be known as the Flood Damage Prevention Ordinance. WHEREAS: The Legislature of the State of Texas has in Vernons Annotated Texas Civil Statues delegated the responsibility to local governmental units to adopt regulations designed to minimize flood losses, and WHEREAS: The flood hazard areas of the City 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, and WHEREAS: These flood losses 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 hazard areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS THAT: ARTICLE_4. SECTION A. 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: ( 1 ) Protect human life and health ; (2) Minimize expenditures 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 blight areas; and (7) insure that potential buyers are notified that property is in a flood area. SECTION B. 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 againist flood damage at the time of the initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood water; (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 land. ARTICLE_II,,_ 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. APPEAL-means a request for a review of the Flood Plain Administrator' s interpretation of any provision of this ordinance or a request for a variance. 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 ( 1%) chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is 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 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 equalled or exceeded in any given year. 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. 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 floor, or in the case of a building in Zones V1-30, 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, D, "elevated buildings" 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 V1-20, VE, or V, "elevated building", even though the lower area is enclosed by means of breakaway walls if the breakaway walls meet the standards of Section 60. 3 (e) (5) of the National Flood 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". 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 unusal and rapid accumulation or runoff of surface waters from any source. 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 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) . 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 as 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. FLOODWAY (REGULARTORY 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 gound surface prior to construction next to the proposed walls of a structure. 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, 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 connnected to the required utilities. For flood plain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 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 flood plain management purposes, structures for which the "start of construction" commenced on or after the effective date of a flood plain management regulation adopted by a community. START OF CONSTRUCTION- (for other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348) ) , includes substantial improvements and means the date the building permits was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvements 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 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 shed not occupied as dwelling units or not part of the main structure. STRUCTURE-means a walled an roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL IMPROVEMENT-means any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either; ( 1 ) before the improvements or repair is started, or (2) if the structure has been damaged and is being restored, before the damage occured. For the purpose of this definition "substantial improvement " is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either; ( 1 ) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. VARIANCE-is a grant of relief to a person from the requirements of this ordinance when specific enforcment 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. ) VIOLATION-means the failure of a structure or other development to be fully compliant with the community' s flood plain 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 flood plains of coastal or riverine areas. ARTICLE 3. SECTION A. LANDS_TO_WHICH_THIS_ORDINANCE_APPLIES� The ordinance shall apply to all areas of special flood hazard with the jursidiction of the City 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 in a scientific and engineering report entitled, "The Flood Insurance Study for the City of Wylie, Collin, Dallas and Rockwall County' s in the State of Texas" dated March 16, 1986, with accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) 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 conflict or overlap, whichever imposes the more stringent restrictions shall prevail. SECTION F. INTERPRETATI94- 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; (3) deemed neither to limit nor repeal any other powers granted under State statues. 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. SECTION A. DESIGNATION_OF_THE_FLOODPLAIN_ADMINISTRATOR� The City Manager or his designated representative is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropiate sections of 44 CFR (Nation Flood Insurance Program Regulations) pertaining to flood plain management. SECTION B. DUTIES_&_RESPONSIBILITIES_OF_THE_FLOODPLAIN AMINISTRATOR� 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 will be reasonable safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (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 which is the Texas Water Commission, 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 a Federal, State or other source, in order to administer the provisions of Article 5. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development ( including fill ) shall be permitted within Zones A1-30 and AE on the community' s FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community. �� SECTION C. PERMIT_PROCEDURE0- ( 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, 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 floodproofed ; (c) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing 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. (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 to life and property due to flooding or, erosion damage; (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 cost 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-PROCEDURW- ( 1 ) The Appeal Board as established by the community shall hear and render judgement on request for variances from the requirements of the ordinance. (2) The Appeal Board shall hear and render judgement on an appeal only when it is 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 competant 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) Variance may be issued for the reconstruction, rehabilitation or restoration of structures listed on the Nation 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 increases in flood levels during the base flood discharge would result. (9) 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) Variance 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. (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. � ( 10) Variances may be issued by a community for new construction and substantial improvements and for other devlopment 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. SECTION A. GENERAL_STANDARDQ. 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 designated to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (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, ( iii ) Article 5, Section C (4) , the following provisions are required : ( 1 ) Residential Construction-new construction and substantial improvements of any residential structure shall have the lowest floor ( including the 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 commerical, industrial or other nonresidential structure shall either have the lowest floor ( including the basement ) elevated to or above the base flood level or, together with attendent utility and sanitary facilities, be designed so that below the base flood level the structue 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 the subsection. A record of such certification which includes the specific elevation ( in relation to mean sea level ) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (3) Enclosures-new construction and substantial improvements, with fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (a) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (b) The bottom of all openings shall be no higher than one foot above grade. (c) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (4) Manufactured Homes- (a) Require that all manufactured homes to be placed within Zone A, shall be installed using methods and practices which minimize flood damage. For the purpose 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 requirment is in addition to applicable State and local anchoring requirements for resisting wind forces. (b) All manufactured homes shall be in compliance with Article 5, Section B ( 1 ) . (c) Require that all manufactured homes to be placed or substantially improved within Zones A1-30, AH and Ae on the community' s FIRM be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation; and be securely anchored to an adequately anchored foundation system in accordance with the provision of Section B (4) of this Article. fa �� SECTION C. STANDARDS_FOR_SUBDIVISION_PROPOSALS^ ( 1 ) All subdivision proposals including 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 manufactured home parks and subdivisions shall meet Development Permit requirements of Article 3, Section C; Article 4, Section C; and the provisions or Article 5 of this ordinance. (3) Base flood elevation data shall be generated for subdivision proposals and other proposed development including 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 manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (5) All subdivision proposals including 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. SECTION D. STANDARDS_FOR_AREAS_OF_SHALLOW_FLOODING iAO/AH_ZONESi,,_ Located within the areas of special flood hazard established in Article 3, Section B, are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply; ( 1 ) All new construction and substantial improvements of residential structures have lowest floor ( including basement ) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community' s FIRM (at least two feet if no depth number is specified) ; (2) All new construction and substantial improvements of nonresidential structures; ( i ) have the lowest floor ( including basement ) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the community' s FIRM (at least two feet if no depth number is specified) , or ; ( ii ) 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 of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Article 4, Section C ( 1 ) a. , are satisfied. (4) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. ��� SECTION E. FLOODWAYS� Floodways-located within areas of special flood hazard established in Article 3, Section B, are areas designated as floodways. Since the floodway is an extremely hazardous area' due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply; ( 1 ) Encroachments are prohibited, including fill, new construction, substantial improvements and other development Hnlggg certification by a professional registered engineer, or architect is provided demonstrating that encroachments shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (2) If Article 5, Section E ( 1 ) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Article 5. In the event of conflict between this ordinance and any other ordinance of the City of Wylie, or any Federal Regulation as supplied by the Federal Emergency Management Administration, the more stringent regulation shall apply. ARTICLE 6. SECTION A. PENALTY,,_ Any person, firm, corporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine not to exceed the maximum amount permitted by State Law. SECTION B. SEVERABILITh. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jursidiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION C. CERTIFICATION� It is hereby and declared by the City Council of the City of Wylie, Texas that severe flooding has occured in the past within its jursidiction and will certainly occur within the future; that flooding is likely to result in substantial injury or destruction of property within its jursidiction; in order to effectively comply with minimum standards for coverage under the National Flood Insurance Program; and in order to effectively remedy the situation described herein, it is necessary that this ordinance become effective immediately. Therefore, an emergency is hereby declared to exist , and this ordinance being necessary for the immediate preservation of the public peace, health, and safety shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED BY THE CITY COUNCIL OF THE WYLIE, TEXAS THIS THE_________________DAY OF____________________ , 1987. _________________ Chuck Trimble, Mayor ATTEST: CERTIFICATE I, the undersigned, _______________________________, do hereby certify that the above is a true and correct copy of an ordinance duly adopted by the City of Wylie, at a regular meeting duly convened on.................... Date ________ ________ ----------------- Carolyn Jones, City Secretary (SEAL) �[y REQUEST TO BE PLACED ON AGENDA Date For next Council Agenda. aL. a / 19 O - --- I , request that the following item be placed on the City Council Agenda, ac/-)ke° a-tV _Pitt Reason for request : Than:: you, X Sir tore -- - - -- `- r C_T/ S` Street (� ----- ttly/ 7-/r City Texas Zip Code - 3F- 7C� Phone Number I ► I I 1 I ► .., I aa o 1 „ .. •, L _ It "7- " /5.0 T.f: G. 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' z'N." 10 0 - — Izs. 14 - -- Q , , - - IZS. l4 _ - - - - ��� 4o.02 41.0 X/89 3, ."-v-, 4 (OG O fiYY f! Mo. " 4,6 • M E M O R A N D U M DATE: Foe P.UA-# 13, ( fig, TO: Gus H. Pappas, City Manager FROM: I. W. Santry, Jr. , P.E. , City Engineer SUBJECT: Plat and/or Plans Approval NEW POIrr die The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. ❑ Preliminary Flat to Planning and Zoning ❑ Preliminary Plat to City Council Pc\Final Plat to Planning and Zoning ❑ Final Plat to City Council ❑ Construction Plans to City Council for construction approval only ❑ Final Plat to City Council for subdivision acceptance along with final inspection statement COMMENTS: F t i c_ Pt is r /s teL nc it-t M to u � 7-0 C'o M Nr mar 7 C, r .v ► c. PC'I4 iA�r iPPogoe-criv r 4- ?- / SA-7-is "-es e-- 4..v D A N Y A-( /,ve>a Co/2 L Ecc t t9 c c_ ;rig COHl�C�r LSD Pei /? Ci r)- Ocve-t ' e- IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File MEMORANDUM• DATE: F-e-b I3 PQ 87 TO: Gus H. Pappas, City Manager FROM: I.W. Santry, Jr. , P.E. , City Engineer SUBJECT: Plat and/or Plans Approval t-Pioe c! 10 k 1)1 fI/ Q The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. XPreliminary Plat to Planning and Zoning ❑ Preliminary Plat to City Council ❑ Final Plat to Planning and Zoning ❑ Final Plat to City Council ❑ Construction Plans to City Council for construction approval only ❑ Final Plat to City Council for subdivision acceptance along with final inspection statement COMMENTS: 55Ecr 4rrAct-QED Pe r-rs IWS/am cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File ' .. . - NOTES ON WOOD-AKE VILLAGE PRELIMINARY PLAT 1. Centennial - Araphao Development Joint Venture representative has agreed to have a note on the final plat referencing a letter to be agreed to relative to the open ditch. 2. Any open ditch will be maintained by the Joint Venture at their cost and meeting City Ordinances. 3. Upon replating or construction on a lot the Joint Venture will submit storm drain plans and construct the necessary facility. 4. The above arrangement will allow the maximum flexibility in use of the land while assuring the necessary drainage for the City 's system. Z :-Z TO: CITY COUNCIL FROM: GUS PAPPAS, CITY MANAGER DATE: FEBRUARY 20 , 1987 SUBJECT : REPLAT OF AKIN LANE At the Planning & Zoning meeting of February 19 , the proposals outlined for alternate solutions to the Akin Lane traffic flow problem were presented . The P&Z commission, several local property owners and the City staff discussed the various alternatives at some length. It was the conclusion of the P&Z that while the alternatives had merit, they obviously were not attractive enough to the local propety owners to gain their support. In addition, Mr . Cooper modified his conditions significantly so that the only request he still made was the retaining wall and a platting provision that would, to some degree, take care of his alley concern in paragraph #2 . The staff had no problem with the wall since we had agreed to that earlier nor was the alley provision objectionable done the way it was finally recommended . Thus, the P&Z recommends the approval of the replat which realigns the various property lines in the area and grants finally, a legitimate right-of-way for Akin Lane. Since this was the staff ' s original goal , we have no objection now that the terms and conditions have been modified . It should be noted that by making this decision, the alternates for traffic flow as stated in the various alternate proposals would be forever gone. The effort and expenditure required at some future date to reinstitute any of those proposals would be so great that no reasonable and prudent person would then see them as an alternative. One can say, with perfect candor, that an alternate to the long complained about traffic flow problem and drainage problem was proposed and finding little support it is now gone. TO: CITY COUNCIL PLANNING & ZONING COMMISSION FROM: GUS PAPPAS, CITY MANAGER DATE: FEBRUARY 19 , 1987 RE: RAYMOND COOPER'S ATTACHED CONDITIONS FOR DEDICATING R.O.W. Attached you will find an exact copy of the conditions of donating right-of-way submitted by Mr. Raymond Cooper at a meeting in the Engineering Dept. scheduled to be the concluding steps prior to presentation to the Planning & Zoning Commission and the City Council of a replat of that portion of the City correcting certain past problems. In order to facilitate my comments, I will address them subject to paragraph numbers as delineated on the submitted sheet . Paragraph #1 . This condition requests that the City set aside its permit fee as special consideration for the property donated . Since we do this for no other person or parties, this would constitute special privilege and would, in my opinion, create an ethical dilemma for the City of Wylie. The second portion of this request is more serious . Here we are asked not to indicate, on the building permit, that the construction of a fence will add value to the property; thus, we are defrauding the Central Appraisal District' s processes of adding value to property through the building permit records we transmit to that agency. In so doing, the City would violate State laws in being party to an inequitable taxing structure as well as being party to an attempt to defraud the other taxing entities from revenue which they are entitled to through added value, i .e. , Collin County, W. I .S.D. , etc. In addition, he asks that this permit be valid indefinitely, which constitutes the actions of the currrent Council trying to limit the actions of a future Council . As you are aware, this could only be done by general referendum. Paragraph #2 . This condition implies that the City of Wylie must today make some agreement that will forever tie its hands so that in the future it may not make some other decision. Again such a provision cannot and should not be done. Things change and cities must have the ability to change also. While the alley has only marginal benefit, currently, it may someday be important. Again, as in paragraph 1 , this violates the tenent that one Council may not bind future Councils. Paragraph #3 is the only provision that was discussed in advance and I have no problem with recommending this provision. The construction of the retaining wall is mandatory from an engineering standpoint in cases such as this. Such a promised agreement to make this kind of improvement is both ethical and legal and I would support its ratification. Paragraph #4 . A visual obstruction exists at the curve along Akin Lane behind Mr. Cooper ' s home. It has existed for years and is a lawsuit waiting to happen. On any day that an accident occurs at the curve, the parties involved cannot only sue each other but they can sue the "deep pocket" , the City, for not removing such an obstruction which is clearly specified in State law. Mr. Cooper has no such obligation. The obligation is the City' s. Each day that obstruction created by those trees, is allowed to remain is one more day that the City is gambling with its financial future. A million dollar legal settlement would double the tax rate of the City of Wylie. Since Mr. Cooper has not seen fit to agree to remove the trees in the past , what would make anyone think he would agree to do them after this document is signed. Further, the removal of those trees cannot wait until the new street is constructed. It should have happened months ago and would have except for the threat of a lawsuit from Mr. Cooper. Paragraph #5 requests that the City, both now and in the future (since no time is stated) , agree to never levy an assessment for improvements along Akin Lane against either Mr . Cooper or any future property owner for repairs and improvements to Akin Lane. Again, we have the ethical and legal dilemma of "different strokes for different folks" created by the "let' s make a deal" scenario. Since none of these terms and conditions were discussed in all of the discussions in the months prior to this final meeting, save and except the provision in paragraph 3 , it is difficult for me to comment as to their source. I cannot recommend to the City Council that they accept the conditions requested . Far from it, with the exception of paragraph 3 , I would strongly recommend that you do not accept these conditions. Further, since these conditions go far beyond my authority and I think even beyond the Council ' s authority, I cannot simply reject them. It must go to you for the rejection process. Further, it appears that since Mr. Cooper' s property is key to doing anything about Akin Lane, we must therefore assume that we are not going to be able to establish a clear right- of-way for Akin Lane unless we use the power of eminent domain. It has always been my understanding that the City Council is reluctant to use that power; therefore, I must assume that we must now begin to look for alternate solutions. To that end, the staff has prepared a multi-part proposal for your review. That proposal is the subject of another presentation. P :b attach (1) NOTES This agreement needs to be on the face of the deed or an addendum to this deed. For consideration of donating right of way for Akin Lane, adjacent to Lot 1, Wylwood Estates, ( 301 Dogwood) , the City of Wylie agrees to the following conditions : Permit issued at no charge for no additional value for fence (masonary, wood, etc. ) to be constructed on property line. The permit to be valid indefinitely. City to guarantee that there would never be an attempt to establish or connect a through alley way from the existing Akin Lane to Dogwood Court, thereby eliminating any possi- bilities of creating a throughway. City would agree to build concrete retainer wall when new street is constructed, if street level is significantly lower that the lot level.. City would agree to not remove or other wise significantly alter trees or shrubs until such time as the new street is constructed, ( except by mutual agreement) , between the City and Lot 1, property owner. City would agree not to levy charges or assesments against Lot 1, Wylwood, ( 301 Dogwood) , for building, re-building or any maintenance or any other charges pertaining to Akin Lane. SALLINGER, NICHOLS, JACKSON,'-' KIRK & DILLARD (Formerly Saner, Jack, __ Saa innger&_Nichols) I µ/RED sALLINa[R Attorneys&Counselors at Law PRESTO M.LOWS MmCNOL. 1800 Lincoln Plaza 6322 Douglas Ars.Baia 707 LAWR[NCE W.JACKSON 500 N. Akard Dams.Team 76225 TIM KIRK Dallas,Texas 75201 12141 06s-ins COMM L.DILLARD M. RO.ERT D.NCMPNMJ. (214)954-3333 ROOM C. PETER O.SMITN ROT L. January 1987 owwo M. J ry 26>, RosERT L.DILLARo.JR. JONM P.ROCHA IN OP COYN.[L .RYCC A..TOCKARO PAM SANDAL E.OARIC Mr. Gus H. Pappas City Manager City of Wylie P. O. Box 428 Wylie, Texas 75098 Re: Prescriptive Easements Dear Gus: This is in response to your letter of January 23 concerning the city's intention to install utility lines in the drainage ditch and area which lies between a roadway acquired by prescription and the fence erected by the property owner whose property and fee extend to the centerline of the street. Among the various state jurisdictions widespread disagreement appears to exist as to the question of the width or boundaries of a public highway acquired by prescription, but the varying circumstances in particular cases account to some extent for this disagreement. There are no statutes involved and, therefore, case authority must be relied upon. While there is some authority to the effect that a street taken by prescription is limited to the beaten or traveled path, there is considerable case authority which takes a contrary view where other factors are involved such as adjacent drainage ditches or fences which have been erected by the property owner. It is my opinion that in Texas where a road is established by prescription, the right is not limited by the beaten path used, but may be made to include sufficient land for drainage ditches, repairs and the convenience of the traveling public and that this is particularly true where the property owner, though owning in fee to the center of the street has fenced his property to exclude the area of the drainage ditches which are adjacent to the traveled portion of the roadway. It is, therefore, my opinion that where a roadway has been acquired by prescription, that is that it has become dedicated to the public by public use for time in excess of ten years, the prescriptive right would include sufficient land for the drainage ditches, repairs and convenience to the traveling public. The city would have the right to install utility lines within the drainage ditch area. Mr. Gus H. Pappas Page 2 January 26, 1987 A prescriptive right is a right that is acquired by the operation of certain facts which means that an actual determination as to whether or not a prescriptive right exists can be made only by a court determination that the prerequisite facts do exist in an action brought by the property owner against the city asserting such rights. I hope that this has answered your question and if not, please do not hesitate to give me a call. Very truly yours, SALLINGER, NICHOLS, JACKSON, KIRK ac DILLARD 411F Lawrence a on LWJ/sb WOP87-0125 C C �Dy *************************************************************************** STREET RECONSTRUCTION PROJECT: AKIN LANE FROM: FIFTH STREET TO: QUAIL HOLLOW CORNER *************************************************************************** LINEAR FEET OF TOTAL STREET PROJECT 1 ,470.0 WIDTH OF PAVEMENT 31 .0 TOTAL SQUARE FT. 45,570.0 COST OF CONSTRUCTION : letters,mail & lien filling 455. 70 engineering 1 ,822.80 appraissal services/for liens 2,096. 22 advertisements/public notices 136. 71 preconstruction prep. /valves,manholes,pipe 318. 99 labor, 4 man crew 3,645.60 equipment 7,291 .20 emulsion 22,785. 00 portland cement 4,557.00 rock 1 ,367. 10 2 in. asphalt overlay 16,860. 90 miscellaneous supplies 455. 70 TOTAL CONST. COST 61 ,792.92 COST SHARE SUMMAIRES: city share of project 63. 1. 39,007. 92 property owners share (one side) 18. 4% 11 ,392.50 property owners share (other side) 18. 4% 11 ,392. 50 _ 100. 0% 61 ,792.92 overall cost per square foot this project 1 .36 overall cost per linear foot 42. 04 overall cost per linear front foot / per side 21.02 property owner cost per linear front foot / per side 7. 75 citys' share of linear foot cost / per side 13. 27 MATERIAL COST SUMMARY ANALYSIS: emulsion 22,785. 00 portland cement 4,557.00 rock 1 ,367. 10 2 in. asphalt overlay 16,860.90 miscellaneous supplies 455. 70 46,025. 70 total materials cost paid by adjacent property owners 22,785.00 materials cost balance absorbed by citys ' share 23,240. 70 7a ************************************************************************* ANALYSIS OF COST OF VARIOUS PROPOSALS FOR AKIN LANE SOLUTION ' ************************************************************************* PROPOSAL DESCRIPTION COST ************************************************************************* PROPOSAL A BUY LOT 2 WYLWOOD 5 16,500 PAVE 27 FT WIDE CONCRETE STREET 8, 100 GIVE OLD ROW TO ADJCT. PROP OWNERS 0 BUILD SMALL PARK / ENHANCE STORM DRAINAGE 5,000 29,600 PROPOSAL B RIP OUT EXISTING STREET,BARRICADE 2,500 ALLOW MR. COOPERS TOTAL USE OF PROP. 0 ' 2,500 PROPOSAL C REDUCE AKIN LN ALONG CEMETARY TO ALLEY 0 TELL UTILITIES TO MOVE TO ALLEY o MAKE ALLEY DEAD END 0 GIVE A PORTION OF PROP TO CEMETARY 0 0 PROPOSAL D EXTEND FIFTH STREET THRU TO BUTLER 16,200 MAKE DRAINAGE FLOW ALONG FIFTH STREET TO BUTLER CIRCLE AND THEN ON TO DOGWOOD CIRCLE 0 16,200 PROPOSAL E PAY FOR DEDICATION OF ROW ALONG DRAINAGE EASEMENT BETWEEN BUTLER CIRCLE AND DOGWOOD CIRCLE OR CONDEMN SAME 12,000 INSTALL CONNECTING STREET 13,500 25,500 ******************************************* TOTAL OF PROPOSALS A THRU E 73,800 COST OF IMPROVMENT TO AKIN LANE ' 61 ,794 DIFFERANCE 12,006 POSSIBLE COMBINATIONS OF PROPOSALS A B C 32, 100 A B C D 48,300 A B C D E 73,800 D 16,200 D E 41 ,700 E 25,500 AKIN LN ONLY 61 ,794 AKIN LN & D 77,994 AKIN LN & D E 103,494 AKIN LN & E 87,294 �� � 1 ov,,,,,,t, CITY OP' WYLIE 114 N. BALLARD ST. - P.O. BOX 428 WYLIE, TEXAS 75098 (214)442-2236 February 5 , 1987 David Williams 1721 W. Plano Parkway Suite 106 P. 0. Box 1287 Plano, Texas 75074 Dear Mr. Williams: The City of Wylie would like to approach you with a proposition for temporary use of your property on the south side of Stone Road, known as Quail Hollow. The City has an immediate need for additional recreation space and it has occurred to us we might possibly lease , on a month to month basis , some vacant land for use as soccer fields. There would be no permanent structures erected , only temporary bleachers , goals etc. There would however , be parking on the property. There would be no need for a long term agreement . When you are ready to do any work on this site, it would only be a matter of days for us to vacate completely. If you feel an agreement of this type could be reached between you and the City, please contact me for further discuss ' on. Thank you for your consideration. Gus H. Pap City Mana er GHP:bl —%, "IVO I _ 1 DAVE WILLIAMS HOMES ' L February 13 , 1987 Mr. Gus H. Pappas City Manager 114 N. Ballard Street Wylie, Texas 75098 Dear Mr. Pappas: I am in receipt of your letter requesting temporary use of our property on the south side of Stone Road known as Quail Hollow to be used for soccer fields. I discussed this request with Dave Williams and he said he would be more than happy to let the City of Wylie use this land free of charge. Dave does request that the City commit to clean up after use and to also provide us with proof of liability insurance coverage. Please let me know if we can assist you further. Sincerely, Rose R. McKinney Administrative Assistant 2329 COIT ROAD PLANO,TEXAS 75075 214/596-0747 Merrei: 4 rt. 7,3 Or- . ..„c,j riE . - • • 91. �:, II • .......m,s aat uOren.t l.iE.m.44 l m4I l:ai Nl. mr_.___•. __ ...t -.• •l -4e(// \..'.1•• _ • ''.t•.-.--n---I• •-.-....,—- _ ter _i....411,)Ilia••t,. \_,• .. .,... ... t .. 1 MlA 1..r . c, k..14IA. 1 .••wMTi 'IRL�l �' IKA7 MLLM ) c;. /;c;c X=• llaS „{ f..i tt.t %.t. • rc. . •IV . 8 00 ID • }wars.t •.t i ate.``s+c • IMF . olift..4•41i, . —,,,,......... • • OA X?0 _._...._:._.... EN 76—Y) awes arm game Italia ..a.1 ---it rum• . •.1 p s 1.4/64PizowmiL 1-4... o (.• ' o 47, ....r t .. ._._. 00110 I. . \ . . 1 J • • ___eamajimeieLARic. all • (--1 . \---% CAOtifitry II 'tuft Asia awe maw i \• • t //$ N."..... J... . 1 I . I , i IMEI I . \ . • •..14 at row ere1.K — A_MR \..1 \•. t M K • •• •i \ • K L. .i \� Me** • •t rw. •.atI t i t la AC, trr r -- NK tY l • . t • u.s �tu� aw.t ` y. 47, i CITY OF' WYLIE 114 N. BALLARD ST. — P.O. BOX 428 WYLIE,TEXAS 75098 (214)442-2236 AGREEMENT Re: Temporary Athletic Field on Quail Hollow, Southside of Stone Road. David R. Williams, owner of 72 .968 acres in the City of Wylie, south of Stone Road in A. Atterberry Survey, Collin County Abstract 23 does hereby agree to allow the City of Wylie to make temporary use of said tract of land as playing fields for both soccer and football . Such use shall be allowed free of any charges or fees. The City of Wylie agrees that it will make no permanent improvements to the land nor will it attempt to establish any leasehold improvements. It is clearly understood that the use of the property is temporary and remains at the pleasure of the owner who may request that the City vacate the premises and return them to their previous condition upon written notification to the City Manager with sixty days notice. The City may layout playing fields, place portable bleachers on the property, trash cans and goals and may allow parking of vehicles and the construction of a temporary drive with culvert for access on and off the property. Upon vacating of the premises, at the request of the owner, the City shall remove all sports apparatus and clean and grade the land back to its original condition. The temporary drive-way access may remain. The City assumes all liability connected with any of its authorized activities on the land, and holds harmless and indemnifies the owner against any and all claims. Gus Pappas, City Manager Dave Williams, Owner PASSED AND APPROVED IN AN OPEN CITY COUNCIL MEETING HELD ON TUESDAY, FEBRUARY 24 , 1987 . BIDS FOR 3/4 TON PICK-UP TRUCK There were eleven (11) bids packets mailed out on January 22, 1987 and four (4) bids were recieved by February 17, 1987. The bids received from the following: Bob Tomes Ford - McKinney $12,000.00 - Spec. Bid Ray Chevrolet - Plan $12,481.89 - Spec Bid $12,794.31 - Spec bid with spare tire Lakeside Chevrolet - Rockwall $12,067.90 - spec bid 7o - TO: GUS H. PAPPAS, CITY MANAGER FROM: W. W. "BILL" WINDHAM, DIRECTOR OF PUBLIC WORKS DATTE: FEBRUARY 19, 1987 SUBJECT: RECOMMENDATION FOR COUNCIL APPROVAL 3/4 TON PICKUP FOR THE PARK DEPARTMENT. I am recommending to the City Council the 3/4 ton Ford pickup from Bob Tomes Ford of McKinney. They are the low bidder and the first delivery date. In Your Service, W. W. Windham Director of Public Works � �