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10-14-1997 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex Tuesday, October 14, 1997 7:00 p.m. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE PROCLAMATIONS Proclamation Declaring October 18 as "Race for the Cure Day" Proclamation Declaring October 22, 1997 as "80 Years of Service, the TxDOT Way" PRESENTATION Presentation by the Parks & Recreation Department- The New Park Presentation by Transportation Strategies, Inc. - Traffic Signal Sequencing F.M. 544 and F. M. 1378 Intersection CONSENT AGENDA 1. Consider Approval of the Minutes from the September 23 and September 29 Council Meetings 2. Consider Approval of Resolution Adopting a Flexible Benefits Plan 3. Consider Approval of the Sale of Real Property Located at 109 Cottonbelt Avenue ACTION ITEMS 4. Consider and Act Upon Approval of a BFI Rate Increase and Adoption of an Ordinance Establishing the New Rates for Residential and Commercial Solid Waste Collection 5. Consider and Act Upon Approval of an Ordinance Regulating the Speed Limit on FM 2514 (North Ballard St.) 6. Consider and Act Upon Approval of an Ordinance Regulating the Speed Limit on FM 1378 (Country Club Road) STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 7. Hold Executive Session Under Sections: 551.071 Consultation with Attorney Subsection 1(a) Contemplated Litigation and/or Subsection 2 on a Matter in Which the Duty of the Attorney to the Governmental Body Under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas Clearly Conflicts with this Chapter; and 551.075 Conference With Employees to Receive Information and Question Employees Regarding Gramercy Insurance Company RECONVENE INTO OPEN MEETING Take Any Necessary Action as a Result of the Executive Session ADJOURNMENT Posted on this the 10th day of October, 1997 at 5:00 p.m. WYLIE CITY COUNCIL tv/.1 October 14, 1997 PRESENTATION Issue Presentation by the Parks & Recreation Department The New Park Background The City of Wylie has received notice that the grant request before the Texas Parks and Wildlife Department in the amount of$500,000 has not been funded. Out of the 56 grant requests statewide, only 18 were funded. Staff has been informed by the Texas Parks & Wildlife Department that Wylie may not resubmit its grant application during this cycle of review, and must wait until January, 1998. A copy of the letter from the State is attached. With regard to the future submittal, there are specific changes that the Park Board and City Council will need to consider. The scoring system for the grant process is weighted with a heavy emphasis on projects which provide new park and recreation opportunities and projects which provide for the preservation and conservation of natural areas and wetlands. With the exception of the hike & bike trail, the new park does not include any recreational elements which are not already found elsewhere in the City. The park is designed to reflect the areas of need within the City, unfortunately there is not the diversity of use present which the State looks for in awarding points. Beginning in June, the Park & Recreation Advisory Board began discussion of the options available for proceeding with construction in the park in the event that the grant was not approved. Several options and issues were considered, carefully weighing the impact on future grant applications. The Board evaluated the scoring criteria for the grant process and selected elements of the project to construct which would not jeopardize any future grant request and which will allow the City to resubmit a proposal in order to receive as high a score as possible. Any work that the City proceeds with in the Park will not be reimbursed by the State through future grant funding. During the September 22 Park Board meeting, the Board voted to proceed with Phase I of the construction of the park which contains the following elements: the construction of two unlighted baseball/softball fields with irrigation, the development of approximately 20 acres of irrigated land for soccer fields, and the construction of a gravel access road and parking lot. With regard to the parking lot and road, the Board discussed at length the cost of utilizing concrete versus the temporary gravel. The estimates for a concrete road and parking lot are $120,000 and $300,000, respectively- almost double the expense of gravel. Agenda Communication Presentation Page 1 Background-continued In struggling with this issue, the Board could not justify the cost of the concrete given the need for the available funding to be spent on the playing fields. After discussion, the Board supported the use of concrete if the WISD participates in the cost of construction, otherwise, the Board recommended the use of gravel. Further, the parking lots are not a part of the grant application because the project is also evaluated on how well the grant funding is used for basic recreational opportunities. In the first grant submittal in January, 1996, the City was penalized for including infrastructure costs in the grant request. When the parking lot was removed from the second submittal, the City received the maximum amount of points allowed within that particular category. The City would therefor have no plans in the future to request funding for these infrastructure costs. The cost estimates provided by the consultant are as follows: Two unlighted ballfields $150,000 Rye grass seeding of 20 acres for soccer 15,000 Permanent irrigation of 20 acres for soccer 75,000 Grading for soccer area 25,000 Construction of gravel access road 60,000 Construction of gravel parking lot 125,000 Extension of water line 32,000 TOTAL $482,000 The 20 acres for soccer would accommodate approximately either 4 large fields, 7 medium fields, or 10 small fields. Financial Considerations On January 9, 1996, the Parks and Recreation Facilities Development Corporation authorized the issuance of$1.7 million in bonds for the purpose of funding the development of the first phase of Central Park as well as the expansion of the Smith Public Library and the renovation of the new Community Center. $1,000,000 of that has been designated for the Park, a portion of which has been earmarked to serve as matching funds for future State Parks and Wildlife Commission grant submittal. The City Council approved a Professional Services Agreement with the consultant, Dunkin Sims Stoffels, Inc. in October, 1996. The fees for the professional services, approximately $93,000, are based on the total construction amount and include the preparation of the construction documents and specifications, overseeing the bidding process, and construction management. Agenda Communication Presentation Page 2 Financial Considerations -continued While the Bond proceeds, plus interest are reserved for the construction of the new park, the 4B sales tax revenues continue to accrue. The sales tax revenue provides the funding for the Community Services Facilities CIP which was approved by the Council as a part of the FY98 Budget. Within the CIP, $125,000 was allocated to various Library and Park projects. Other Considerations Approximately two years ago, the City of Wylie and the Wylie Independent School District (WISD) adopted a joint Resolution, Action Plan, and a joint Use Agreement for the development of the new park. These agreements acknowledge the fact that a cooperative effort between the two entities will provide higher quality services at lower costs to the taxpayer. To that end, the Joint Use Agreement states: In the case of joint development of facilities, such as parking lots, each entity will pay its own proportionate share of the costs consistent with applicable State law and local policies. The respective shares will be mutually agreed upon in advance by the respective governing bodies, based on the proportionate benefit to each entity. The parking lot included in Phase 1 of the park will ultimately benefit the WISD by providing parking for the planned Football Stadium. Staff will be working with the WISD to determine the level of participation from the school district for its proportionate share of the costs. Board/CommissionRecommendation The Park & Recreation Advisory Board recommend proceeding with the construction of Phase I of the new park. Staff Recommendation N/A Attachments Letter from the Texas Parks & Wildlife Department Resolution Joint Action Plan Joint Use Agreement Agenda Communication Presentation Page 3 I TEXAS PARKS AND WILDLIFE DEPARTMENT 4200 SMITH SCHOOL ROAD • AUSTIN,TEXAS 78744 • 512-389-4800 COMMISSIONERS ANDREW SANSOM EXECUTIVE DIRECTOR LEE M.BASS August 28, 1997 CHAIRMAN,FT.WORTH NOLAN RYAN VICE-CHAIRMAN ALVIN ERNEST ANGELO,JR. Mr. Mike Collins MIDLAND City Manager JOHN AVILA,JR. 2000 North Highway FT.WORTH Highway 78 1`I 1 MICKEY BURLESON Wylie, Texas 75098 TEMPLE RAY CLYMER Re: Grant Application - WYLIE Central Park WICHITA FALLS CAROL E. DINKINS HOUSTON Dear Mr. Collins: RICHARD(DICK)HEATH DALLAS SUSAN HOWARD-CHRANE The Parks and Wildlife Commission, in its public hearing on August 28, 1997, BOERNE considered your application for grant funding. Due to funding limitations a number of projects could not be supported in this review. Your application PERRY R.BASS CHAIRMAN-EMERITUS was among those which were not approved. FT.WORTH Because your project has been reviewed twice with no significant improvements in its competitive ranking, it will not be eligible for further consideration. However, if you would like to submit a different project for review in a later cycle, please feel free to contact the Recreation Grants Branch staff at 512/912-7124. Sinc ly, im Hogsett, Director Recreation Grants Branch TH:ED:lb C"• S Resolution A JOINT RESOLUTION OF THE BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT AND THE CITY COUNCIL OF THE CITY OF WYLIE, DECLARING BY POLICY A WORKING PARTNERSHIP BETWEEN THE CITY AND THE SCHOOL DISTRICT; ESTABLISHING AN ACTION PLAN TO ENACT CERTAIN GOALS FOR THAT PARTNERSHIP; AND ESTABLISHING AN ANNUAL REVIEW AND REVISION PROCESS FOR THE ACTION PLAN. WHEREAS, the Wylie Independent School District (WISD) and the City of Wylie have for many years cooperated to provide the Wylie community with such services as parks and recreation facilities, safe transportation at school sites, and library services; and WHEREAS, the Board of Trustees of the WISD and the Wylie City Council have adopted such joint activities because they believe cooperation provides higher quality services at lower costs to taxpayers; and WHEREAS, the Board of Trustees of the WISD and the Wylie City Council want to secure this relationship with a formal declaration of policy that ensures continued communication and cooperation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE WYLIE INDEPENDENT SCHOOL DISTRICT AND THE CITY COUNCIL OF THE CITY OF WYLIE, THAT: SECTION 1: The WISD and the City of Wylie consider themselves partners in public service; that the two will actively support each others missions by communicating and cooperating at all levels of their organizations. SECTION 2: The Board of Trustees of the WISD and the Wylie City Council hereby adopt the Joint Action Plan, attached hereto and made a part of this Resolution for all purposes. The Joint Action Plan is a dynamic plan and is subject to change with mutual agreement of both the Board of Trustees and the Wylie City Council. SECTION 3: The Board of Trustees of the WISD and the Wylie City Council shall evaluate annually the results of the action items within the Plan, and amend the Plan or adopt a new Plan each year as necessary. JOINT ACTION PLAN WYLIE INDEPENDENT SCHOOL DISTRICT CITY OF WYLIE November 14, 1995 I. Purpose. This Action Plan aims to: A. secure the relationship between the Wylie Independent School District (WISD) and the City of Wylie by formalizing present and new policies and programs, and B. provide for the continuous improvement of services to the community that help fulfill the missions of both organizations. II. Goals. The following goals represent the joint action agenda for the WISD/City partnership. A. Complete jointly, the planning and development of the Central Park area which is comprised of a multi-use athletic field complex, the WISD football stadium, a tennis center, and hike & bike trails. B. Provide safe access for school children to and from their schools, and safe, healthy environments at school sites that promote learning. C. Meet together as governing bodies and exchange information, develop new plans, and consider new programs on behalf of the citizens of Wylie. 1. Jointly approve a Conceptual Plan for the Central Park area on or before December, 1995. D. Enter into a Joint Use Agreement, as necessary, for new projects and programs. 1. Jointly approve a Joint Use Agreement for the Central Park area on or before January, 1996 JOINT USE AGREEMENT - CENTRAL PARK/ATHLETIC FIELD COMPLEX WYLIE INDEPENDENT SCHOOL DISTRICT CITY OF WYLIE POLICY Through the adoption of a joint Resolution, the WISD and the City have established a working partnership by which the two entities agree to actively support each others missions at all levels of their organizations in order to provide for the continuous improvement of services to the community. Specifically, WISD and the City recognize that a cooperative effort to provide such services as park and recreational facilities will result in the provision of higher quality services at lower costs to the citizens of Wylie. PURPOSE The purpose of this Joint Use Agreement is to define, subject to later agreements, the implementation of the joint use of the Central Park area (the Property), the methodology by which such joint use shall be shared during the term of this agreement, the method of communications between the parties, and general administrative issues. The rules and regulations contained in this Joint Use Agreement shall be reviewed and renewed annually with the goal of maintaining an efficient procedure for implementing joint use of the Property which is mutually beneficial to the WISD and the City. PLANNING, DESIGN AND IMPLEMENTATION It is recognized that the WISD has the responsibility for designing and providing facilities for educational purposes and the City shares similar responsibilities for recreational purposes. This Joint Use Agreement acknowledges the need for joint planning and design of the facilities to more effectively use the tax dollar through joint utilization. Toward this effort, each entity shall be represented in the planning and design process through the establishment of a Planning Committee to consist of two members appointed by the WISD and two members appointed by the City in addition to designated staff to be determined by the Superintendent and the City Manager. Through this committee, either entity may request that features be included in the plan, at their expense, which may be of benefit for their programming but not normally provided by the other entity. The same committee may meet as needed to ensure compliance with the procedures and to resolve any issues which may arise. PROGRAMMING/APPROVED USES WISD and the City agree to cooperate with each other for the operation of the Property. The scheduling and coordination of the Property shall be governed by the following provisions. The individual responsible for scheduling events and representing the WISD shall be the Superintendent, or his designee. The individual responsible for the scheduling of events and representing the City shall be the City Manager or his designee. The WISD shall have scheduling responsibilities and priority use of the Football Stadium and WISD practice fields. The City shall have scheduling responsibilities and priority use of the soccer fields and the softball/baseball complex. The WISD and the City agree to supply to each other any known scheduled use of the fields and park area as soon as those schedules become available. All facilities shall be available to the general public as scheduling permits. Consideration should be given to the provision of service by one entity to the other to prevent duplication of services where one entity possesses the expertise, staff, equipment and facility to better provide the service. MAINTENANCE The maintenance of grounds, equipment and facilities utilized for joint programming shall be performed as agreed by both entities in such a manner as to realize the greatest savings to the taxpayer, and which best meets the standards adopted for specific facilities. CAPITAL EXPENDITURES Both parties anticipate that additional capital expenditures will be required from time to time to improve the joint facilities, to replace existing improvements and equipment, and to acquire or develop other facilities. All capital expenditures shall require the consent and approval of both entities and allocation of the cost and expense thereof, and any other matters relating to such capital expenditures shall be made by agreement of the entities. FINANCES The site development costs shall generally be incurred by the primary using entity. In the case of joint development of facilities, such as parking lots, each entity will pay its own proportionate share of the costs consistent with applicable State law and local policies. The respective shares will be mutually agreed upon in advance by the respective governing bodies, based on the proportionate benefit to each entity. AMENDMENT This Agreement is dynamic in nature and is subject to change with the mutual agreement of both the WISD and the City. WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 2 October 14, 1997 Issue Consider and act upon a resolution Adopting a Flexible Benefits Plan. Background This resolution is primarily for our records providing proof of authorized adoption of the plan. A flexible benefits plan is established within the context of Section 125 of the Internal Revenue Code for the benefit of eligible employees. This is, in fact, a subsequent flexible benefits plan superceding one that was established in 1990 with Colonial Life and Accident. That plan has recently been terminated in favor of the plan administered by American Family Life Assurance Company (AFLAC). This new plan year has been established to correspond with the City's fiscal year and TML medical/dental plan year. The flexible benefits plan or cafeteria plan enables employees to pay for eligible employee paid benefits with "pre-tax" dollars. Pre-tax meaning before any taxes; i.e, federal withholding, FICA and Medicare are calculated. In effect, reducing the actual cost of the premium to the employee. The pre-tax option is an employee election. The premiums may be deducted before tax or after tax, whichever the individual chooses. The flexible benefit plan activity is reported at year end to the IRS on a form 5500. This plan makes eligible for pre-tax payment the dependent group medical insurance and dependent group dental, as well as the supplemental insurance coverage(s) listed in the paragraph below. We have recently established a relationship with AFLAC to offer a menu of supplemental coverages for our employees; including cancer, short term disability, personal accident and intensive care. These policies pay benefits directly to the employee. No payments are made to the medical provider. The supplemental coverage provides immediate cash for the employee and their family which will help to pay for unexpected expenses incurred with any serious illness or accident. The AFLAC offerings are made to City employees as a personal option only. For the convenience of the employee and by contract with AFLAC, premium payments are made through payroll deduction. These policies are purchased by the individual on a strictly voluntary basis; the City does not subsidize the premiums. We recently held open enrollment in order for each employee to have an opportunity to have the benefits explained to them. Twenty-one employees opted to buy one or more of the policies. There will be an open enrollment for current employees in September of each year. New employees will be eligible to enroll on the first day of the month following their hire date. Consent Agenda Item No 2 Page 1 Other Consideration N/A Financial Consideration N/A Board/Commission Recommendatii_on N/A Staff Recommendation Approval of Resolution Adopting a Flexible Benefits Plan. Attachments Resolution Adopting a Flexible Benefits Plan Adoption Agreement for Flexible Benefits Plan - Establishment of the Plan tv,4, Prepared By Fina e Debt. Appr val City Manager Approval Consent Agenda Item No 2 Page 2 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ADOPTING A FLEXIBLE BENEFITS PLAN WHEREAS, the Authority wishes to adopt a cafeteria plan within the context of Section 125 of the Internal Revenue Code for the benefit of the employer's eligible employees. NOW, THEREFORE, BE IT RESOLVED, that the Authority hereby adopts the flexible benefits plan (consisting of the flexible benefits plan document, the Adoption Agreement, and component benefit plans and- Policies) for the Employer named herein below effective as of the date specified in the Adoption Agreement. RESOLVED FURTHER, that any officer of the employer may, without a further resolution, execute the Adoption Agreement and any related documents or amendments which may be necessary or appropriate to adopt the plan or maintain its compliance with applicable federal, state and local law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 14th day of October, 1997. APPROVED: Jim Swartz, Mayor ATTEST: Susan Shuler, City Secretary ADOPTION AGREEMENT FOR: CITY OF WYLIE FLEXIBLE BENEFITS PLAN ESTABLISHMENT OF THE PLAN The Employer named below established a Flexible Benefits Plan (the "Plan") as of the Effective Date consisting of this Adoption Agreement, the Plan Document and the Benefit Plans and Policies specifically referred to herein. The purpose of this Plan is to provide eligible Employees a choice between cash and the specified welfare benefits described in this Adoption Agreement. Pre-tax Premium elections under the Plan are intended to qualify for the exclusion from income provided in Section 125 of the Internal Revenue Code of 1986. EMPLOYER INFORMATION 1) Name and Address of Employer: CITY OF WYLIE BRADY SNELLGROVE 2000 HWY 78 N WYLIE, TX 75098 2) Employer Telephone Number: (972) 442-8146 3) Employer's Federal Tax Identification Number: 75-6000719 4) Employer's Fiscal Year: 31 -- 946 5) Effective Date of this Plan: 10/01/97 6) Last Day of the First Plan Year: 09/30/98 Subsequent Plan Years: 10/01-09/30 fi 7) Name and Address of the Plan E "!11) Administrator if different from the Employer: 8) Name and Address of any Trustee NONE of the Plan: - 9) Name and Address of registered BRADY SNELLGROVE agent for service of legal DIRECTOR process: 2/20/97 version Copyright January 1, 1990 1 2.97-MPOP MPOP.5 11) Employer's type of business: CORPORATION ELIGIBILITY All Employees employed by the Employer shall be eligible to participate under the Plan except the following: (Describe) EMPLS WORKING LESS THAN 30 HOURS PER WEEK An eligible Employee may become a Participant in the Plan: ( ) Immediately, upon his first day of employment (but not prior to the Effective Date of the Plan ( ) On the day following commencement of employment ( ) On the first day of the month following days of employment ( X ) 1ST DAY OF THE MONTH FLWG DATE OF HIRE provided the Employee completes a Salary Redirection Agreement. However, eligibility for coverage under any given Benefit Plan or Policy shall be determined by the terms of that Benefit Plan or Policy, and reductions of the Employee's Compensation to pay Pre-tax or After-tax Premiums shall commence when the Employee becomes covered under the applicable Benefit Plan or Policy. BENEFITS PROVIDED UNDER THE PLAN The Employer elects to offer to eligible Employees the following Benefit Plans and Policies subject to the terms and conditions of the Plan. These component Benefit Plans and Policies are specifically incorporated herein by reference. The maximum Pre-tax Premiums a Participant can contribute via the Salary Redirection Agreement is the aggregate cost of the applicable Benefit Plans or Policies selected minus any Nonelective Contribution made by the Employer. It is intended that such Pre-tax Premium accounts shall, for tax purposes, constitute an Employer contribution, but may constitute Employee contributions for state insurance law purposes. ( X ) Group Medical Insurance. ( X ) Vision Care Insurance. ( X ) Disability Income-Short Term (A&S). ( X ) Cancer Insurance. ( ) Accidental Death and Dismemberment. ( X ) Group Dental Coverage. ( ) Group Term Life Insurance. _ C ( X ) Disability Income-Long Term (LTD). ( X ) Intensive Care Insurance. ( X ) Accident Insurance ( ) Hospital Indemnity Insurance (HIP) 3 2.97-MPOP MPOP.5 THE FUNDING AGENT The Employer selects the following Funding Agent for the Plan (check one): [ ] The Employer, which will comply with the requirements of Section 7.02 of the Plan. [ ] The Flexible Benefits Trust created concurrently with the execution of the Plan, which shall receive contributions under the Plan in accordance with Section 7.03 of the Plan. ADMINISTRATIVE EXPENSES Administrative Expenses incurred in operating the Plan shall be paid by (check one): [ ] The Employer, except as otherwise noted in the Plan. [ ] The Participants, except as otherwise noted in the Plan. EMPLOYER'S ACKNOWLEDGEMENT As evidenced by the formal execution of this Adoption Agreement, the undersigned Employer adopted and established this Plan on the Effective Date as the Flexible Benefits Plan of the undersigned Employer. In doing so, the undersigned Employer acknowledges that this Adoption Agreement and this Plan are important legal instruments with significant legal and tax implications. The Employer also acknowledges that it has read this Adoption Agreement and the Plan in their entirety, has consulted independent legal and tax counsel other than representatives of American Family Life Assurance Company of Columbus (AFLAC), to the extent considered necessary and accepts full responsibility for participation of Employees hereunder and the operation of the Plan. The Employer acknowledges that as sponsor, it and the Plan Administrator (if different from the Employer) shall have sole responsibility to comply with all filing, reporting, and disclosure requirements imposed by the Department of Labor, Internal Revenue Service, or any other government agency, specifically including, but not limited to creating, filing and distributing Summary Annual Reports, Form 5500's, and Summary Plan Descriptions. Furthermore, the Employer further acknowledges that it shall bear sole responsibility for amending the Plan as necessary to ensure compliance with applicable tax, labor, and other laws and regulations. It is also understood and agreed that American Family Life Aurance Company of Columbus (AFLAC), and its Subsidiaries, agents, and representatives, are not providing legal or tax vi to the undersigned Employer in connection with this Plan and that no representations are made by it with respect,tote operation of the Flexible Benefits Plan pursuant to the sample documents provided by American Family ' s; ce Company of Columbus (AFLAC)to the Employer. 4 2.97•MPOP MPOP.5 This Plan shall be construed and enforced according to the Internal Revenue Code of 1986, as amended from time to time, the applicable regulations thereto and the laws of the state of the principal place of business of the Employer. IN WIT SS WHEREOF, the Employer has caused this Plan and Adoption Agreement to be executed on the 4,a day oft 199 7 to ratify the adoption of the Plan adopted and effective as of the Effective Date. WIT S: Name:ed, z5 (.7 Title: n ram' <cA d-/ r"`,9„'/ Date: /v�j/�7 5 WYLIE CITY COUNCIL W". CONSENT AGENDA COMMUNICATION ITEM NO 3 October 14, 1997 Issue Consider approval of the sale of real property located at 109 Cottonbelt Avenue. Background The City of Wylie has owned the vacant property located at 109 Cottonbelt Avenue since January of 1970 when the tract was conveyed to the City by Texas Power and Light. Earlier this year, Mr. Billy B. Miller, who owns and resides on the adjacent property, expressed an interest in purchasing the 6,600 square foot corner lot. A summary appraisal of market value was performed, based on comparable property sales, and an estimated value of$11,000.00 was reported by the appraiser. The property was subsequently offered for sale by sealed bid in the prescribed form of a published legal notice. Mr. Miller submitted the only sealed bid. Meanwhile, it had been determined that impending paving and drainage improvements, which included widening a portion of Cottonbelt, would reduce the size of the lot by about one third. Consequently, the bid was returned to Mr. Miller unopened. After the Cottonbelt paving and drainage project was surveyed, the area of the lot was found to be approximately 4,400 square feet and the property was again offered for sale by public notice. Mr. Miller again submitted the lone bid, offering to purchase the property for the sum of$3,001.00. Provided, herewith, are a copy of the bid and Mr. Miller's letter to the Council in which he describes his plans for extensive improvements to the property. Financial Considerations Proceeds from the sale of the property in question will be booked as miscellaneous revenue in the General Fund. Future revenue will also be derived by returning the property to the tax rolls. Other Considerations The subject property has been offered for sale to the general public in compliance with the requirements of Chapter 272, Subchapter 272.001, of the Local Government Code which describes the procedure for the sale of land by a political subdivision. Board/Committee Recommendation N/A. Consent Agenda Item No 3 Page 1 Staff Recommendation Staff recommendation is for Council to approve the sale of the property at 109 Cottonbelt Avenue to Billy B. Miller for the sum of$3,001.00. Attachments Copy of Bid Letter to Council from Billy Miller. ..111` . 1 6 £424W .:(kie., (44,6,144 Prepared by Revi ed by F City Manager Approval Consent Agenda Item No 3 Page 2 September 11 , 1997 TO: The Purchasing Agent City of Wylie, Texas I, Billy B. Miller, the undersigned, do hereby submit a bid of$3001.00 to the City of Wylie, Texas for the vacant real estate property located at 109 N. Cottenbelt Ave., in the City of Wylie, County of Collin, State of Texas, 75098. Sincerely, Billy B. Miller 107 N. Cottenbelt Ave. Wylie, Texas 75098 Tele. (972) 442-8013 September 18, 1997 Honorable Mayor City Manager The City Council for the City of Wylie, As of 2:00 P.M. September 17, 1997, I had submitted the only bid for the vacant property located at 109 N. Cottenbelt Ave., Wylie, TX. It was also advertised in May and, at that time, I was the only bidder. Please consider the following information while reviewing my bid. I plan to level and landscape the property, so as to make an attractive greenbelt and an asset to the City of Wylie. Trees, flowers, etc. will be planted. In order to accomplish this, it will take some effort and expense on my part. I estimate between $3,000 and $5,000. The gully washed from the street in front of the property to the alley in back will require fill dirt to level. An earth moving machine will be required to level the fill dirt and remove concrete buried many years ago from an electric power sub-station that was located on the property. Guy wires from an electric power line pole are anchored on the property also. The last two and very important items that I deem will benefit the City of Wylie are the City mowing crews will be freed from that duty at this location and the property can go on the City tax rolls. Thank you for your consideration in this matter. Sincerely, 4. �4„..t) Billy 1. Miller 107 N. Cottenbelt Ave. Wylie, TX 75098 (972) 442-8013 WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 4 October 14, 1997 issue Consider and act upon approval of a rate increase and adoption of an ordinance establishing the new rates for residential and commercial solid waste collection. Background The City's solid waste collection contract with Browning-Ferris Industries contains rate modification provisions whereby the contractor may petition the City for annual rate adjustments. Rate increases can be requested no more than once every twelve months during the term of the contract and must be based on documented increases in the contractor's operating expenses. One year into the current contract, which became effective September 1, 1995, B.F.I. declined to exercise their option to petition for an annual rate adjustment but warned of a probable increase in 1997 due to rising landfill disposal costs. In a letter dated July 25, 1997, B.F.I. formally requested a rate increase to become effective on the anniversary date of the contract. As justification for the rate adjustment, B.F.I. cited a 3.13 % increase in the Consumer Price Index since 1995 and an increase in disposal costs of 8.06 % over the same two year period. The net increase attributable to these two cost factors is $.24 and $.46, respectively, for each residential unit. Based on these calculations, B.F.I. is requesting an increase of$.70 per residential unit. Rates for commercial collection would increase by 12 % (roughly equal to the combined C.P.I. and disposal cost increases). In reviewing the petition for rate adjustment, City staff determined that the effect of documented landfill cost increases was readily quantifiable as a variable cost factor in the disposal of the City's solid waste. The C.P.I., however, does not necessarily reflect the contractor's direct operating costs. B.F.I. was instructed to provide documentation of operating cost increases which relate directly to the performance of the City of Wylie contract. B.F.I. responded with statistics demonstrating that, in addition to landfill rates, two other factors had significantly increased their operating costs over the past two years. The salaries of personnel directly involved in Wylie waste collection operations has increased by approximately 4 %. This increase in personnel expense amounts to a cost increase of$.08 per residential unit. Of greater impact is the decline in market value of recyclable commodities collected under this contract. When B.F.I. submitted their rate proposal in 1995, the materials collected in the Wylie curbside recycling program had a market value of$115.40 per ton. In today's recyclable market, those same commodities are worth $39.96 per ton. This 65 % loss in revenue amounts to a cost increase of$.74 for each residential unit. Action Agenda Item No 4 Page 1 Background -continued Given these statistics on disposal costs, personnel expense and the recycling program, the documented increases in operating costs total$1.28 per residence. The B.F.I. rate adjustment request, however, remains at$.70 per residence which would increase B.F.I.'s residential rate from $7.39 to $8.09. With the addition of debt service and administrative costs, the residential customer's bill would increase from $8.94 to $9.64. Current and proposed rate schedules are attached. Financial Consideration The requested rate increase would be passed on to residential and commercial waste producers. There is no additional cost to the City, however, it will be necessary to adjust the sanitation line item in the Combined Services cost center of the General Fund budget. Based on the current house count, with a $.70 monthly increase, the sanitation expenditure would increase by approximately $32,760.00 annually. The City's revenue from sanitation fees would increase by a corresponding amount. An adjustment will also be required in projected revenues. With the proposed new commercial rates, the revenue from sanitation franchise fees would increase by approximately $6,000.00. Other Consideration Should Council vote to approve the requested rate increase, it will be necessary to adopt the attached ordinance establishing the new fees for solid waste collection. Council authority for the regulation of public utility rates is addressed in Article X, Section 8. of the Wylie City Charter. Board/Committee Recommendation N/A. Staff Recommendation Staff recommendation is that Council approve the request of Browning-Ferris Industries for a rate increase for residential and solid waste collection and disposal and adopt the ordinance establishing new collection fees. Action Agenda Item No 4 Page 2 Attachments Ordinance Establishing New Fees B.F.I. Request for Rate Increase B.F.I. Operating Cost Statistics Proposed Rate Schedule Current Rate Schedule i 1r oL7)1 '1/e Prepared by Revie d by Financ City Manager Approval Action Agenda Item No 4 Page 3 SEP.11.1997 1:43PM BFI MARKETING NO.972 P.2/6 July 25, 1997 Mr. Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Dear Mike: This letter is being written in compliance with the contract between the City of Wylie and BFI granted on September 1, 1995. Paragraph 15.02 of the contract specifies rate adjustment criteria and pass-through of landfill disposal increases. For your review, I have attached a summary sheet showing our calculations and a new Rate Schedule. As you can see, the Consumer Price Index for the Dallas area indicates an increase of 3.13% as of June 1997, and disposal cost increase of 8.06%. Although the contract allows for annual rate adjustments, BFI was successful in holding down our operational costs for the first two years of this contract. However, we would like to implement the attached Rate Schedule to become effective September 1. BFI is pleased to be the provider of solid waste services in Wylie and we appreciate your patronage. We have enjoyed serving your residents and we look forward to providing all of your solid waste and recycling needs in the years to come. If you have any questions, please don't hesitate to give me a call at 972/225-0964. Respectfully yours, Pea- Randi Colleen Smith Public Sector Specialist, Marketing cc: Brady Snellgrove, Finance Director Tim Henderson, BFI District Vice President BFI-N.Texas•450 E.Cleveland Road•P.O.Box 1309 Hutchins,Texas 75141-1309 Phone 972-225-8151 •Fax 972-225-7424(DFW-Merro) Fax 972-225-4777(N.Texas Landfills) PoL Cont SEP.11.1997 1:43PM BFI MARKETING NO.972 P.3/6�a paper �� CALCULATIONS CITY OF WYLIE Effective Date: September 1, 1997 CPI4/ INCREASE: 3.13% CPI-U as of 6(97 151.4 CPI-U as of 10/95 146.8 LANDFILL DISPOSAL INCREASE: 8.06% Landfill Rate as of 9/95 $19,00 Per Ton Landfill Rate as of 10/97 $24.00 Per Ton Disposal Computation: Landfill Increase $19.00 to $24.00 Per Cublc Yard #Homes 3,801 Total Disposal Tons 4,191 12 Months= 349,3 Tons/Mo Disposal/Month at $24.00 x 349.3 $8,382.40 Disposal/Month et $19.00 x 349.3 $6,636.07 Monthly Disposal Increase $1,746.33 Landfill Rate Increase $9.46 Per Unit Trash Recycle Total Rate Rate Rate Current BFI Rate $5.70 $1.69 $7,39 CPI-1 Increase $0.18 $0.05 $0.24 Disposal Increase $0.46 n/a $0.46 BFI MONTHLY RATE $6.34 $1.74 $8.09 SEP.11.1997 1:44PM BFI MARKETING NO.972 P. par `4\ SpEEIAL CHARGES; 42 CU.YD. COMPACTOR CONTAINERS-Per Haul $280.00 $49.41 $329.42 (Includes Disposal) (Does Not Include Equipment) 30 CU.YD. ROLL-OFF CONTAINERS - Per Haul $252.00 $44.47 $296.48 (Includes Disposal) 30 CU.YD. ROLLOFF CONTAINERS-Daily Rental $7.00 $1.24 $8.24 DELIVERY/EXCHANGE OF ROLLOFF CONTAINERS $75.00 $13.24 $88.24 DELIVERY/EXCHANGE OF FEL CONTAINERS $50.00 $8.82 $58.82 POLYCART PURCHASE PRICE $60.00 $10.59 $70.59 RETURNED CHECK CHARGE $20,00 $20.00 BFj SEP.11. 1997 1:44PM BFI MARKETING NO.972 P.5%Eye paper ct, CITY OF WYLIE SOLID WASTE SERVICE RATE SCHEDULE Effective Date: September 1, 1997 BFI 15% BFI MONTHLY CITY BILLING RESIDENTIAL SOLID WASTE & RECYCLE RATE FEE RATE RESIDENTIAL-Single Family $8.09 $0.00 $8,09 RESIDENTIAL DUPLEX-Per Unit $8.09 $0.00 $8.09 TRAILER PARK- Per Unit $8.09 $0.00 $8,09 ADDITIONAL POLYCART- Per Unit $2.52 $0.00 $2.52 COMMERCIAL SOLID WASTE COMMERCIAL POLYCART COLLECTION (Twice a Week) $11,20 $1.98 $13.18 (Additional Polycart) $3.92 $0.69 $4.61 2 Cu.Yd. (1 x Week) $41.44 $7.31 $48.75 (2 x Week) $88.48 $15,61 $104.10 (3 x Week) $117.60 $20.75 $138.36 3 Cu.Yd. (1 x Week) $57.12 $10,08 $67.20 (2 x Week) $106,40 $18,78 $125.18 (3 x Week) $164,64 $29,05 $193.70 4 Cu.Yd. (1 x Week) $85.12 $15.02 $100.14 (2 x Week) $135.52 $23,92 $159.44 (3 x Week) $191.52 $33.80 $225.32 6 Cu,Yd. (1 x Week) $99.68 $17.59 $117,27 {2 x Week) $162.40 $28.66 $191.06 (3 x Week) $240.80 $42.49 $283.30 8 Cu.Yd. (1 x Week) $122.08 $21.54 $143.63 (2 x Week) $209.44 $36.96 $246.40 (3 x Week) $278.88 $49,21 $328,10 EXTRA CONTAINEFLPIC.KUES: (2 Yd., 3 Yd.,4 Yd.) $31.36 $5.53 $36.89 (6 Yd., 8 Yd.) $35.84 $6,32 $42,17 1 �. SEP.11.1997 1:43PM BFI MARKETING NO.972 P.4i6 .,,.r�lad paper BFI Cost Comparison September 1995 -July 1997 Solid Waste Wages: 1995 1997 Var. Driver/Helper $5,222 $5,440 $218 Supv. $896 $933 $37 SG&A $1,298 $1,352 $54 $7,416 $7,725 $309 Wylie Homes: 3801 Per Unit $0.08 Recycle Material Value: 1995 1997 Var. Per Ton $115.40 $39.96 ($75) Ton/Mo 37.3 37.3 $4.304 $1,491 ($2,814) Wylie Homes: 3801 Per Unit $0.74 Total Cost Increase: Per Unit $0.82 NOTES: -Wages increased 4%. Solid waste = 1 driver; recycle = 3 drivers, 3 helpers. - Due to BFI's purchasing strength, fuel costs were held down to $.02/gallon. BFI also negotiates contracts for tires and other maintenance inventory BF, • COMMODITY MIX (2.5%)TIN (4.4%)CONTAMINATES (7.0%) PLASTIC i `,= (12.6%)GLASS a '' �� " Win . (1.5%)ALUMINUM (71.9%) NEWSPAPER • COMMODITY PRICE COMPARISON September 1995 to July 1997 120 100 /9 a ue: 80 , .., 0 60 ' > /9 n aloe„ •' z 20 - �� : 35% Reduction in Revenue During Contract Period • ATTACHMENT A THE CITY OF WYLIE,' TEXAS SEPTEMBER REFUSE AND RECYCLING SERVICE: 1995 RATE Residential - Single Family $ 7. 39 Duplex Unit - Per Unit $ 7.39 Trailer Park - Per Unit $ 7 . 39 Additional Polycart, Per Unit $ 2 .25 (Up to 50 Users) COMMERCIAL SERVICE: Commercial Hand Collect 2 x week $ 10.00 Additional Polycart $ 3 .50 2 cu. yd. 1 x week $ 37.00 2 x week $ 79 . 00 3 x week $105. 00 3 cu. yd. 1 x week $ 51. 00 2 x week $ 95. 00 3 x week $147 . 00 4 cu. yd. 1 x week $ 76.00 2 x week $121. 00 3 x week $171.00 6 cu. yd. 1 x week $ 89. 00 2 x week $145.00 3 x week $215. 00 8 cu. yd. 1 x week $109.00 2 x week $187 . 00 3 x week $249. 00 EXTRA PICKUPS: 2 , 3, 4 cu. yd. $ 28.00 6, 8 cu. yd. $ 32 .00 SOLID WASTE AND RECYCLING CONTRACT-Pagc 20 hjA:\abaoc4l kbtown.aoaX 3095 SPECIAL CHARGES:' Compactor Containers (42 cu. yd.) .'Per ;Haul $250. 00 (includes disposal) (Plus equipment rental) Roll-Off Containers (30 cu. yd. ) Per Haul $225.00 (includes disposal) Roll Off Containers (30 cu. yd. ) Daily Rental $ 7. 00 Per Day Delivery & Exchange of Roll-Off , $ 75. 00 Delivery & Exchange of Front Load Containers $ 50. 00 Polycart Purchase Price $ 60. 00 Return Check Charge $ 15. 00 Tires (each) $ 5. 00 SOLID WASTE AND RECYCLING CONTRACT'-Pagc 21 hj t\mbox4\wytiebcowu.cooN63O95 WYLIE CITY COUNCIL p/if ACTION AGENDA COMMUNICATION ITEM NO 5 October 14, 1997 Issue Consider and act upon Approval of an Ordinance Regulating the Speed Limit on FM 2514 (North Ballard St). Background In July 1997, a speed zone study was conducted by TxDOT for FM 2514 (North Ballard Street) north from Brown Street to the city limits. As a result of the study, the recommended speed limit on FM 2514 (North Ballard Street)from the intersection of Brown Street and continuing north to the railroad tracks for a distance of 0.190 miles, is to be a maximum speed of 40 mph. Continuing north along FM 2514 (North Ballard St) from the railroad tracks for a distance of 0.620 miles to the city limits a maximum speed of 50 mph is recommended. Upon council approval of this ordinance the new speed limit signs will be furnished and posted once a copy of the ordinance is forwarded to the offices of Tx DOT. Financial Considerations The new signs will be provided and installed by TxDOT at no expense to the City of Wylie. Other_Considerations The City of Wylie has entered into a Municipal Maintenance Agreement with the Texas Department of Transportation which establishes the authority of each entity within City Limits. It is TxDOT's responsibility to prepare the studies as well as install and maintain the signs on FM 2514 (North Ballard Street). Board/Commission Recommendation N/A Action Agenda Item No 5 Page 1 Staff Recommendation Staff recommends approval of the Speed Control Ordinance supported Speed Zone Study provided by the Texas Department of Transportation. Attachment Correspondence with the Texas Department of Transportation , IVINPV.111112r -M.;.,1„.e. etiau;64, Prepared by Revi ied by Fin ce City Manager Approval Action Agenda Item No 5 Page 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 169(b) OF ARTICLE 6701 d, VERNON'S TEXAS CIVIL STATUTES, UPON FARM TO MARKET HIGHWAY NO. 2514 OR PARTS THEREOF, WITHIN THE INCORPORATE LIMITS OF THE CITY OF WYLIE, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, Section 169(b) of Article 6701 d, Vernon's Texas Civil Statutes, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City, taking into consideration the width and condition of the pavement and other circumstances on such portion of said street_orhighway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 169(b) of Article 67-1 d, Vernon's Texas Civil Statutes, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: 1. That from and after the date of the passage of this speed zone ordinance, no motor vehicle shall be operated along and upon Farm to Market Highway No. 2514 within the corporate limits of the City of Wylie in excess of the speeds now set forth in the following limits: Beginning at said point being at Farm to Market Highway No. 2514 (Ballard Street) and the Intersection of Brown Street, thence continuing North along Farm to Market Highway No. 2514 for a distance of 0.19 miles, approximately, a maximum speed of 40 miles per hour, said point being Wylie City Limits. Thence, continuing North along Farm to Market Highway No. 2514 (Ballard Street) for a distance of 0.62 miles, approximately, a maximum speed of 50 miles per hour, said point being Wylie North City Limits. SECTION 2. The Mayor of the City of Wylie is hereby authorized to cause to be erected, appropriate signs indicating such speed zones. SECTION 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Dollars ($200.00). PASSED AND APPROVED THIS the 14th day of October, 1997. Jim Swartz, Mayor Susan Shuler, City Secretary Texas Department of Transportation P.O. BOX 3067•DALLAS, TEXAS 75221-3067•(214) 320-6100 July 28, 1997 Control: 2679-3 Highway: FM 2514 County: Collin Mr. Mike Collins City of Wylie City Manager P.O. Box 428 Wylie, TX 75098 Subject: Speed Zoning in Wylie Dear Mr. Collins: Attached for your information and further handling is a blue line print of the speed zone study on FM 2514 in the City of Wylie. We believe the recommended speeds will correspond closely to the speeds at which the normal and prudent driver will drive under the existing conditions. Also attached for your information is a sample speed zone ordinance that might serve as a guide in the preparation of your speed zone ordinance. We will also furnish and install the necessary signs at the proper locations upon receipt of the signed ordinance from the City of Wylie establishing the new speed limits. We appreciate the interest you have shown and the cooperation you have given. If we may be of further assistance, please feel free to contact Mr. Phil Portillo at the above address or by telephone at 214/320-6620. Sincerely, J.LAAtv 2MM- Terry ams, P.E. Director of Transportation Operations Attachments An Equal Opportunity Employer DEVELOPMENT OPEN 0-1 RES SIGHT DISTANCE BALL BANK OR ADVISORY SPEED CURVES OVER 2 GRADES OVER 3% S - N SUR.WIDTH AND TYPE 5" R.O.W. AND RDBD.WIDTH ACCIDENTS 4 _ ZONE LENGTHS MILE 55 ( COMMISSION MI NU IE) ZONE SPEEDS MPH L o TOWARD Z J CAS 54 60 a - 93 J\y L- - - - - - - - - - �.-0r - — - — - — - — - — - — - \ \� \/\ - \-\- - - - TOWARD wYLIE C.J 52 WY � IE � w 62 96 ~ ZONE SPEEDS MPH 55 ( COMMISSION MLNUIE) ZONE LENGTHS MILE �� ACCIDENTS R.O.W. AND RDBD.WIDTH SUR.WIDTH AND TYPE 24' TWO C. S. T. ON SR' X R" GRADES OVER 3% CURVES OVER 2 BALL BANK OR ADVISORY SPEED RES SIGHT DISTANCE DEVELOPMENT OPEN rN OPEN P4 DIST. 18 COUNTY COLLIN MINUTE NO. DATE 42 85 PERCENTILE SPEED HIGHWAY FM 25 14 CITY WYLIE REPLACES DATE 62 TOP SPEED MEASURED REPLACED BY DATE 125 NUMBER OF CARS CHECKE DATE OF SURVEY 7/97 SCALE 5" = I MI CANOE, D ,�,BY DATE LIMITS OF ZONE • FATAL ACCIDENT SECTION ONE LENGTH 0.12 MILES SECTION TWO LENGTH MILES 0 PERSONAL INJURY ACCIDEI STA OR MP. CONT.B SEC. PROJECT STA OR MP. CONT.a SEC. PROJECT BEONS MP 3.02 2679 03 BEGINS O PROPERTY DAMAGE ACCIDE WYLIE C.L. STA OR MP. CONT.B SEC_I PROJECT STA OR MP. CONT.B SEC PROJECT - INDICATES SECTION ZONE: ENDS MP 3. 14 2679 031 ENDS BY COMMISSION MINUTE WYLIE C.L. C:/engdata/Jeremy/fm2514.don Jul. 22, 1997 09:21:11 G!-.= Z T'7 T7co WYLIE • , C.L.�� \ ��_ r� 3. 0? �_ - -r - �—z C C.L.- R.R.- m_p, � G.C. & S.F.R.R. � _p,m c" 3:3 = IT 3, 14 T 73 z/TTTT/%-7 -77-- cn ;n WYLIE IC.L. c. c� „ ._ T 1 m z U A Z Am A I vA A �� H -� 1 = i FM 3412 BROWN STREET V NP 3. 33 v rn I1I I 0 � I rn n O Z I \ 3 0,1 I II Ul I AI I WYLIE POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLICE MEMORANDUM To: Mike Collins Date: September 5, 1997 • City Manager From: William S. Rushing Chief of Police Subject: Speed Limits on FM 2514 With regard to the TX DOT information packet concerning the speed limits along Farm to Market Road 2514 that you forwarded to me,I have conducted the research necessary to develop a solution. This information is based upon research conducted by this office and is being forwarded to you in an effort to clarify the somewhat confusing city ordinances now in existence. This research has concluded that: • The roadway which has been commonly referred to as North Ballard,traveling Northbound from Brown Avenue,is the beginning of FM 2514 and the ending as you travel to the South. • Ballard Street, traveling Northbound from State Highway 78, is the beginning point of FM 3412. At its intersection with Brown Avenue, FM 3412 turns West and proceeds along Brown to its termination point at the intersection of FM 1378. • FM 544 in the City of Wylie begins at the Murphy East city limits and proceeds in an easterly direction to the intersection of State Highway 78. There,FM 544 turns Northeasterly, joins and proceeds along State Highway 78 to its intersection with Ballard Street. FM 544 then splits from S.H. 78 and travels Southbound on Ballard to its intersection with Stone Road. There,FM 544 turns East and proceeds to its point of termination at the Collin County line. Review of existing City Ordinances as well as this research has revealed the following conflicts: • Section 110-167, (2) has FM 2514 connecting with FM 544 which it does not do; • Section 11-167(12) defines the roadway between Brown Avenue and the DART tracks as North Ballard which, in effect, is really FM 2514, but there has been no traffic study information or descriptors included in the existing ordinance. *Support documentation is TX DOT file Speed Limits on FM 2514/Letter to Mike Collins Page 2 The elimination of these particular sections of the affected ordinance will be accomplished by the writing of a new ordinance. The approval of a new ordinance which pertains to the speed limits on FM 2514 will bring the City's speed limits into current application for the design of that roadway. FM 3412 and FM 544 both have current traffic studies and ordinances in place and no further change(s) is recommended at this time. It is my recommendation that the City pass an ordinance which addresses the speed limits on F.M. 2514, as specified. I have prepared a draft copy of an applicable ordinance and forwarded it to the City Secretary, Susan Shuler, for final preparation. Should you have any questions or need further clarification, do not hesitate to contact me. William S. Rushi Chief of Police • WSR/brm cc: Susan Shuler, City Secretary WYLIE CITY COUNCIL 1/VII ACTION AGENDA COMMUNICATION ITEM NO 6 October 14, 1997 Issue Consider and act upon approval of an Ordinance regulating the Speed Limit on FM 1378 (Country Club Rd). Background In June 1997, a speed zone study was conducted by TxDOT for FM 1378 (Country Club Rd) north from the intersection of FM 544 to the city limits. As a result of the study, The recommended speed limit according to this study on FM 1378 (Country Club Rd) from the intersection of FM 544 and continuing north to Brown Street for a distance of 0.631 miles, to be a maximum speed of 45 mph. Continuing north along FM 1378 (Country Club Rd) to the city limits for a distance of 2.369 miles, to be a maximum speed of 55 mph. Upon council approval of this ordinance the new speed limit signs will be furnished and posted once a copy of the ordinance is forwarded to the offices of Tx DOT. Financial Considerations The new signs will be provided and installed by TxDOT at no expense to the City. Other Considerations The City of Wylie has entered into a Municipal Maintenance Agreement with the Texas Department of Transportation which establishes the authority of each entity within City Limits. It is TxDOT's responsibility to prepare the studies as well as install and maintain the signs on FM 1378 (Country Club Rd). Board/Commission Recommendation N/A Action Agenda Item No 6 Page 1 Staff Recommendation Staff recommends approval of the Speed Control Ordinance as reccomended by the Texas Department of Transportation. Attachment Correspondence with the Texas Department of Transportation etd.oug• Prepared by Revi ed by Financ City Manager Approval Action Agenda Item No 6 Page 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR VEHICLES UNDER THE PROVISIONS OF SECTION 169(b) OF ARTICLE 6701 d, VERNON'S TEXAS CIVIL STATUTES, UPON FARM TO MARKET HIGHWAY NO. 1378 OR PARTS THEREOF, WITHIN THE INCORPORATE LIMITS OF THE CITY OF WYLIE, AS SET OUT IN THIS ORDINANCE; AND PROVIDING A PENALTY OF A FINE NOT TO EXCEED $200.00 FOR THE VIOLATION OF THIS ORDINANCE. WHEREAS, Section 169(b) of Article 6701 d, Vernon's Texas Civil Statutes, provides that whenever the governing body of the City shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City, taking into=consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon, said governing body may determine and declare a reasonable and safe prima facie speed limit thereat or thereon by the passage of an ordinance, which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Upon the basis of an engineering and traffic investigation heretofore made as authorized by the provisions of Section 169(b) of Article 67-1 d, Vernon's Texas Civil Statutes, the following prima facie speed limits hereafter indicated for vehicles are hereby determined and declared to be reasonable and safe; and such speed limits are hereby fixed at the rate of speed indicated for vehicles traveling upon the named streets and highways, or parts thereof, described as follows: A. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: 1. That from and after the date of the passage of this speed zone ordinance, no motor vehicle shall be operated along and upon Farm to Market Highway No. 1378 within the corporate limits of the City of Wylie in excess of the speeds now set forth in the following limits: Beginning at said point being at Farm to Market Highway No. 1378 (Country Club Road) and the Intersection of Farm to Market Highway 544, thence continuing North along Farm to Market Highway No. 1378 (Country Club Road) for a distance of 0.631 miles, approximately, a maximum speed of 45 miles per hour; Thence, continuing North along Farm to Market Highway No. 1378 (Country Club Road) for a distance of 2.369 miles, approximately, a maximum speed of 55 miles per hour, said point being Wylie North City Limits. SECTION 2. The Mayor of the City of Wylie is hereby authorized to cause to be erected, appropriate signs indicating such speed zones. SECTION 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed Two Hundred Dollars ($200.00). PASSED AND APPROVED THIS the 14th day of October, 1997. Jim Swartz, Mayor Susan Shuler, City Secretary Ar Texas Department of Transportation P.O. BOX 3067•DALLAS, TEXAS 75221-3067•(214) 320-6100 Control: 1392-1 Highway: FM 1378 County: Collin Subject: Speed Zoning in Wylie Mr. Mike Collins City Manager City of Wylie P.O. Box 428 Wylie, TX 75098 Dear Mr. Collins: Attached for your information and further handling is a blue line print of the speed zone study on FM 1378 in the City of Wylie . We believe the recommended speeds will correspond closely to the speeds at which the normal and prudent driver will drive under the existing conditions. Also attached for your information is a sample speed zone ordinance that might serve as a guide in the preparation of your speed zone ordinance. We will also furnish and install the necessary signs at the proper locations upon receipt of the signed ordinance from the City of Wylie establishing the new sped limits. We appreciate the interest you have shown and the cooperation you have given. If we may be of further assistance, please feel free to contact Mr. Phil Portillo at the above address or by telephone at 214/320-6620. Sincerely, 1„. jawy2.- Terry M. Sams, P.E. Director of Transportation Operations An Equal Opportunity Employer \ . F . Na 1378 — WYL I E VVI. OP., NI 1 OPEN AREA I 'SL QIS pN 1ii A RDVORY SPFE _ ri WITH tpN�j TYPF B W • D RQ3D. WIDTH 7 = 7 � D IMAPHE 95 1APH TOWARD T INTERSECTION M 0 FM 544 � Mill / W W —CL BEARINGS------ —'vr ------- --------------------- N TOWARD 4 z WO ^ 13.00 LUCAS 410EMI . AC 01 TFRSp MILE 4 b 1 T1.i.WWI T gRtYH DTH 77' X I ' (MIN) A. C.P. IAH A00-0IAUpVIS Y SPLLU 12- GHT DISTANCE 'l- F OPMFN I OFF N AA DI ST. NO. 18 COUNTY COLL I N MACES CAM ma 85 PERCENTILE SPEED HIGHWAY FM 1378 CITY WYLIE I TOP SPEED MEASURED *MACE..T .AM IVj.'7 NUMBER OF CARS CHECKED S 9 DATE OF SURVEY 5/97 SCALE 5' = I mi.E...E..E... DATE FATAL ACCIDENT LIMITS F ZONE SFCT ON ONE LENGTH MIIF SFCJION TWO IFNGTH MIIF , PERSONAL INJURY ACCIDENT CO^I T STA.a K..cart..SEc. ...ACT STA.a TSP. .}rt..SM. T..ACT 'V ""S """` O PROPERTY DAMAGE ACCIDENT STA.a K..03.f1.6 SM. M.XC STA.a K.. COAT.A MC. MG�[CT INDICATESS SECTIONONMINUT ZONED bD. E.o. NE BY S I DENCE I OPFN ARFA 0;! z Z ��1 w J . I um mm 12.00 m 1 , ta 8 J mu tea .33689 0' _ 22' 7' X 6" (MIN) I.1 I-XHASF NO SHI DRS. - 7 I ANE S l RESII)1-NCF 70 \ F 392 SEC. 01 JEREMY MILLER (EXT. 6611) • FaMo I378 — WYLIE RESIDENCE 0 3agI IICSD 161171 .440 JIJ !12:: limo- / is � RFSIDENCE I CP2 85 PERCENTILEE SPEED 1 NUMBER OF CARS CHECKED C [ FATAL ACCIDENT J OPP PERSONAL INJURY ACCIDENT CONT . O PROPERTY DAMAGEE ACC IDENT N B Y CORIrI I SS I ONT 1.401 OI NUTEED ____________________ 7O \ F 92 SEC. 01 JEREMY MILLER (EXT. 6611) • WYLIE POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLICE MEMORANDUM To: Mike Collins Date: September 5, 1997 City Manager From: William S. Rushing Chief of Police Subject: Speed Limits on FM 1378 With regard to the TX DOT information packet concerning the speed limits along Farm to Market Road 1378 (Country Club Drive) that you forwarded to my office, I have conducted the research necessary to develop a solution. In review of existing City Ordinances, I found that there is no current ordinance in effect which address the speed limits along the complete route of F.M. 1378 within the City of Wylie. Section 110-167 (3) does address a specific area,as seen below,beginning at the North City Limits and continuing for a distance of 0.307 miles. This section however, does not specify a speed limit beyond that point. Chapter 110- Traffic and Vehicles. Section 110-167. page CD 110:24 Subsection (3) FM Highway 1378. Beginning at the point(Station 121+70)being at the north city limits of the city; thence continuing along FM 1378 in a southerly and easterly direction for a distance of 0.307 mile, approximately; such point being at station 137+92, a maximum speed of 45 miles per hour. It is my recommendation that the City pass an ordinance which specifically addresses the speed limits on F.M. 1378, along the complete route,within the City of Wylie and as specified in the information received from the Texas Department of Transportation. I have prepared a draft copy of an applicable ordinance and forwarded it to the City Secretary, Susan Shuler, for final preparation. Should you have any questions or need further clarification, do not hesitate to contact me. • illiam S. R sh g Chief of Police WSR/brm cc: Susan Shuler, City Secretary * Support documentation in TX DOT file