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01-12-2010 (City Council) Agenda Packet January 12,2010 Wylie City Council Regular Meeting Agenda Page 2 of 3 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the December 8, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2010-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. (C. Ehrlich, City Secretary) C. Consider, and act upon, Ordinance No. 2009-01 amending the zoning from Agricultural (AG-30) District to Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel RoadLight Industrial with Specific Use Permit (SUP) for an Auto Repair, Major use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel Road. ZC 2009-07 (R. 011ie, Planning Director) D. Consider, and act upon, Resolution No. 2010-02(R) evidencing the support for a proposed senior living community to be built in Wylie; authorizing Evergreen Wylie Senior Community L.P. to apply to the Texas Department of Housing and Community Affairs for funding for such senior living community; and providing an effective date. (M. Manson, City Manager) E. Consider, and act upon, Resolution No. 2010-03(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to Brown Street. (C. Holsted, City Engineer) REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2010-04(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie, Texas and the City of Parker, Texas regarding the disconnection of water service due to nonpayment of sewer charges. (M. Manson, City Manager) January 12,2010 Wylie City Council Regular Meeting Agenda Page 3 of 3 Executive Summary The City of Parker, Texas ("Parker") furnishes retail water service to an area in southeast Collin County, which includes portions of the City of Wylie, Texas ("Texas law requires that in order for Wylie to disconnect or terminate water service for delinquent sewer service charges by its customers, Wylie must enter into a disconnect agreement with Parker that identifies the terms and conditions for requesting Parker to disconnect or terminate water service to a customer who is delinquent in their sewer service charges to Wylie. Wylie"). Although Parker furnishes retail water service to this area, Wylie furnishes the sewer service. READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on this 8`h day of January, 2010 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council 7 CT o WYLIE AGENDA REPORT Meeting Date: January 12,2010 Item Number: Presentation Department: Police Department (City Secretary's Use Only) Prepared By: Chief John Duscio Account Code: Date Prepared: January 4, 2010 Budgeted Amount: Exhibits: 2 Subject Presentation of the Promotion of Officer Matthew Miller. Recornrnendation Discussion This presentation recognizes the accomplishment of Officer Matthew (Matt) Miller and his subsequent promotion to Sergeant with the City of Wylie Police Department. Integrity is acknowledged by the International Association of Chiefs of Police (IACP) to be one of the most significant needs throughout the world for virtually all professions. The IACP seeks to demonstrate worldwide leadership in the advancement of professional honor,integrity, and ethics. The Law Enforcement Oath of Honor is recommended by the International Association of Chiefs of Police as a symbolic statement of commitment to ethical behavior. The Law Enforcement Oath of Honor will be recited followed by a badge pinning. Approved By Initial Date Department Director JD O1/04/10 City Manager Page 1 of 1 I ,. WYL IE P A " TNT 1/41 :; TX Before any officer takes the Law Enforcement Oath of Honor, it is important that he/she understands what it means. An oath is a solemn pledge someone makes when he/she sincerely intends to do what he/she says. Honor -Means that one's word is given as a guarantee. Betray -is defined as breaking faith with the public trust. Badge - is the symbol of your office. Integrity - is being the same person in both private and public life. Character - means the qualities that distinguish an individual. Public trust - is a charge of duty imposed in faith toward those you serve. Courage - is having the strength to withstand unethical pressure, fear or danger. Accountability - means that you are answerable and responsible to your oath of office. Community - is the jurisdiction and citizens served. d lot Tor ,400 , L13 Y�r°f.a TX aq' Law Enforcement Oath of Honor On my honor, I will never betray my badge, my integrity, my character or the public trust. I will always have the courage to hold myself and others accountable for our actions. I will always uphold the constitution, my community, and the agency I serve. On this the 12th day of January 2010 Sergeant Matthew Miller Police Officer City of Wylie, Texas Wylie City Council CITY of WYLIE AGENDA REPORT fit Meeting Date: January 12, 2010 Item Number: Presentation Department: City Secretary (City Secretary's Use Only) Prepared By: Account Code: Date Prepared: December 28, 2009 Budgeted Amount: Exhibits: 1 Subject Presentation of 2010 Census by National Census Advisory Committee Vice Chairman, Pauline Medrano. Recommendation Discussion Ms. Medrano is the National Census Advisory Committee Vice-Chair. She is also the Deputy Mayor Pro Tern for the City of Dallas. As the Committee Vice-Chair, it is the responsibility of Ms. Medrano to provide advice on the design and implementation of the 2010 Census especially where diverse populations are concerned. The 2010 Census Advisory Committee provides recommendations to the Director of the U.S. Census Bureau from the perspective of the data user community. The 2010 CAC also offers a broad, national level perspective on issues as they relate to special populations, as well as state, local, and tribal populations. The Committee's input has enabled the U.S. Census Bureau to assess issues related to several decennial census issues, including Census 2000 data dissemination, the American Community Survey(ACS), and planning for the"-2010 census. The 2010 Census Advisory Committee (2010 CAC) provides seats for 20 member organizations appointed by The Secretary of Commerce. Membership is comprised of national organizations representing local, county, and state organizations, organizations serving minority and special populations, including the disabled and seasonal migrant fauiiworkers and other interests. The Chair and Vice Chair are individuals appointed by the Secretary (as opposed to organizations which comprise the balance of the membership). 2010 CAC Ex-Officio members serve in a non-voting capacity. These members consist of representatives of the Postmaster General, and congressional representatives (Chairs and Ranking Members) with Census oversight responsibilities. Approved By Initial Date Department Director CS 012/28/09 City Manager ,° ,f' 1 Page 1 of 1 Ar Al Q X`��`Eutz Ylr Y City of Dallas & Dallas Mayor's Complete Count Committee Efforts and Activities Presenter: Dallas Deputy Mayor Pro Tern Pauline Medrano, Census Advisory Committee Vice Chairman xxxxxxxxxxxxxxxxxxxxxxxxxxxxxx„„„,w o { , z,„ o o tt2ee z{ �q a,` 4 Ee* Census DALLAS a p THE FUTURE IS IN OUR HANDS A Complete Count is in Our Hands 1 1Purpose . C ensus b ack ground i nf ormation C ensus A cti on Ad vi sory C ommittee City of Dallas efforts Complete Count Committee efforts Call to Action ------------------------------------------------------------------------------------------------------------------------------------------------------------------------ A Complete Count is in Our Hands 2 m The Census is a count of everyone living in the United States Mandated by the United States Constitution Has been held every 10 years since 1790 First Census in Texas was held in 1850 Census data is used for legislative purposes City municipalities use Census totals to redraw council districts States use Census totals to redraw legislative districts The population totals from the Census determine the number of seats each state has in the House of Representatives Census data determines annual federal funding allocations of $400 Billion to states and cities A Complete Count is in Our Hands 3 4 I a 1 CAC Provides advice on the design and implementation of the 2010 Census • Twenty organizations are represented including data users and experts in the statutory and constitutional uses of decennial census data • The committee membership includes ex-officio members representing the U .S. Senate and House of Representatives A Complete Count is in Our Hands 4 FY 09/10 budget allocation for 2010 Census awareness efforts Creation of Complete Count Committee (CCC) Dedicated personnel Li Establish a working relationship with the local Census Bureau u Work closely with and support the activities of the CCC u Develop and foster partnerships in and around Dallas Community organizations Government agencies Educational institutions 'tt Faith-based organizations Business community Professional and social organizations A Complete Count is in Our Hands 5 ,, 1 City of Dallas Efforts: Dallas 2010 Census Webpage ,:„..,.„,,„,,, -.",„..,,,,:„.„,,..„, ,,,,,,,„,..:". . ," ,,,,,,t„,,,,,,„„ :44 -r- —I ,g. ! ',g..it''' . ' '..:i....:..!.: , 4 '''k , ?,[.. '".,,. , .. • ''''''''' 4 tt",,,,:''''' S ',,i',,,, iikkaiiiditiii.ii;ii„iii.i i., '. ,.....,4 ,i;',,e,,,, .. ift,,..,''' '...;',,,,,.',,,,,.' 4 lif to iiiiiiiiiiii,eiy 7 ;1."� „.P'" 7:10 A;,o5,.. ' n t tr A,'It rc '' Businesses, Ong gig g Ng' 3 t . let"' � in If 4�ools C e� �� organizations a n d Home I Message from the Mayor I Message from Deputy Mayor Pro Tenr I Census Schools I Census Jobs I Hews Releases Links I Audio a Visual Resources I Frequently Asked Questions I Donate Today!.,,Request A Presentation I Espaiial � ....,. .„.„, ....„„„„„„, ..... ... .... .... � x individuals are being . . �� asked to add the „ . . .. .. . . .. .. . . . . . . , .. , . . , . , .. . . . . .. . . . . .. . .. . . . . . .. . . . . . . . .. .. .. . . . . . .. . . .. . .. . .. .. . . . , , . . Dallas 2010 Census the next decennialiC ns-in approaching and ice tfp'16,all reiderda. 4 ei[emake urethatet toOt[tisa uie+ie; - Web site link to their ,,.4 APaurtatouoyporronlivinginttheUnied.Stst a ,w, r .` � � . i f�tandatedtiliOnit State Condit rlto to conducted � r we b p a g e or email on y t yeas .x �k Q deotquestisynshelnCen aehistory onyfen i'. t a� ',' " i ii signature quostfOrtO pd C aIntitakeaboutfOminutestocorgpetoi. '£ ' i� iii *'It's Impo a &ad . n Census date directly affects how UK WHlcrr per yearn i; qiioinit ;^ federal funding is allocated o the census will count all residents h!it !AI the United i / States onAprfl,20t0 o me eenaus provides a snapsritrt of the nation,which u,t helps defhewho weare t,isi'£' r i`�p a It's Sate ' ' r o Answers are protected hy law and strricc�confidential - 3 � ' 0 Information collected is used for statistical purposes naysndIS Tshoredw>thanyatherlocl,stete,or iw' sd .f,a ., ,. federal agency A Complete Count is in Our Hands 6 SAr The CCC was established by Mayor Tom Leppert to increase 2010 Census awareness and motivate residents to respond The CCC consists of volunteers representing faith based/community/non and for profit organizations, the education and business community, chambers of commerce and major corporations Purpose • Lead local outreach efforts that publicize the importance of the 2010 Census • Utilize CCC member knowledge, expertise, and influence to design and implement a census awareness campaign targeting all communities within the city of Dallas • Make a special effort to reach out to historically Hard to Count areas and populations to decrease the chance of an inaccurate or under count A Complete Count is in Our Hands 7 Goals Increase the response rate in HTC Census tracts in Dallas Increase the Census questionnaire mail response rate for Dallas (city) to 70% Stretch goal of 75% Foster partnerships with community groups and corporations to reach all Dallas residents Secure a commitment of partnership to promote the 2010 Census Secure donations (both monetary and in-kind) Establish and maintain a presence in every district to ensure that Census promotion reaches all communities Work closely with the COD 2010 Census staff and the Census Bureau A Complete Count is in Our Hands 8 Examples of Dallas CCC Partnerships ® Apartment Association of Greater Dallas ® Administration for Children & Families La Boys and Girls Clubs of Greater Dallas La City of Dallas Departments La Cigna Health Care Dallas County Community Colleges Li Dallas ISD Dallas Friday Group dfwRealtors LJ Greater Dallas Hispanic Chamber of Commerce EJ Metropolitan Dallas Alumnae Chapter: Delta Sigma Theta Metroplex Chapter of Alpha Kappa Alpha Sorority, Inc. Texas Municipal League United Health Care LJ Urban League of Greater Dallas US Census Bureau USDA/Dallas WIC Clinics ta Visiting Nurses Association A Complete Count is in Our Hands 9 Examples of Committee Activities and Events U Press Events LI Dallas Arts Festival 1:1 National Urban League Economic Empowerment Tour Career Fair CCC Partnership Drive UniverSoul Circus Mayors Back to School Fair Viva Dallas Expo Li Dallas Homeowners League Conference Tulisoma Festival L3 Back Pack Bash [3 Hispanic Heritage Celebration National Night Out u White Rock Lake Marathon Kwanza Festival Li Wagging Tail Dog Park Ribbon Cutting and Grand Opening LJ Help the Homeless Walk/Run Li Veteran's Day Parade Buckner Children's Parade A Complete Count is in Our Hands 10 4 1 Activities and Outreach Efforts Viva Dallas Expo ' Committee PartnershipDrive , a� .Complete ount4. „ irfie gee ' ; ,,,,, , ,, Mv ,,,,,„ y y� i f „,7'4,0, '. 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'.',•: t a:. �u .,_. ,;t 7 +., .w.re.,nvm�aeaar�m,�,oneum�:,a;.kuu,xw.�.�verewrnexrwm+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.rv+.wrxo wuu„m M '' A Complete Count is in Our Hands 23 4 Presentations to Community Groups 1 Old Lake Highlands HOA Turkish Women's Association One Day Dallas Information Meeting .. � r�{t�1.it l��ti)44� �'''':i �rrt$�m+ : 7 S}iF{r Sri a "^'< ., ';aY`a'tn ",� draw `M. 141� '�� 7 47rti As tx s{�}rs As i ,s 1w rt Y, nIM" { 1' a E t ' `� '",Twf1r m!' ..Iis B itio' , � )gfg r4.461�'ge 7. ttl k N snap" rt11 r ( N N -t{i4a�` 16 41474 '' • ' SST ''N, u , ...11, ,, „:„.„,..„,„,,,n7r,:,,,„ ,4)„,,, „,,:„,,,,...„.„ ., . ,,, , ,41,, ,, .41.....AiNtolo , a ,� ,,,,, ,,,,,,,,,vf. ' , ,,„ � i .. �I' r �� .' v mod" :v, �' " Dallas Mayor's Southwest Center Mall National Night Out Revitalization Townhall Meeting Hillridge Crime Watch Exline Recreation Center - tt p 7 • • , � t�tt' • � 7 r �'f �r i i x tt q �'' ,,t ,t h �, " �' r}7`ttG, :, , it � ,,,,:,,,...1-....„,„ , T" awt3e 7 b w9 A. A m� Ns s is A Complete Count is in Our Hands 24 4 Internal Awareness Efforts: 4th Friday Count Down to the 2010 Census ,441, tt 3( �',-;, SS£f P t!2!SZWtW4 a t � fir r4vf b r xw �a f Sf d, s I,I • `fir tft} t. µµ Yt:itY(sn d ¢tf n ItI ,R yp+a' A. ":Wb 4. "q ,� INnr �N+, { r�• �� III W' A a •�� 4 r 5 do>ff t 1.(° g � /fttip , rr xd £klr \4<i'IV%f413 i n4A >,' t rlt xs �fi : t U ri } q , ff 1a.° { E 4! W.- P. •,G, al N. r 1 3 • . p),„4,,,,,,,,,,:i:::,,,:t,tx::::11,,i,igi3O:414,70..;:,,,,, s Ni i Vrv,"` ✓" . it Y 'OA+ ros M i C Nip J9''bb`G ., �s -ear YW�"r+. f H h r r yttyy� A Complete Count is in Our Hands 25 Media Campaign u PSA utilizing local celebrities and familiar faces of Dallas Li Billboard advertisements Li Utilization of Dallas City Channel Robo Calls to Dallas residents Community Awareness Events Li Census Sunday (February 14) Li Simultaneous District We Count Walks (March 6) Li Census Day at the Dallas Zoo (March) Li Census Awareness Week (last week of January, February, March) Li Continued participation in community fairs/activities Partnership Drives Li Faith-Based Organizations: October 15 & January 13 Li Business Community: November 17 Li Community Groups: December 8 Educators: January 2010 COD Employee Internal Awareness Li 2010 Census Countdown to Good Health Contest (January-April) Li Monthly awareness activities and weekly announcements A Complete Count is in Our Hands 26 City officials and staff can EJ Develop a relationship with Local Census Office (LCO) employees Create a Complete Count Committee and support their activities • Encourage ALL local residents to complete the 2010 Census questionnaire • Encourage the homeless population and people without conventional housing to make sure they are counted • Focus efforts and resources on Hard To Count areas • Provide information in constituent newsletters, email blasts, and community mailings LI Encourage presentations at all community, HOA, BA, Crime Watch, and townhall meetings Li Include a Census logo on email signatures LI Provide Census Web links on your Web site • Host Census awareness events Invite Regional/National Census leaders and local media A Complete Count is in Our Hands 27 ti.v ■ • Shortest questionnaire in Census history • Only ten questions • Will take approximately 10 minutes to complete ■ • Remember that Census Day is April 1 , 2010 • Census data will directly affect how $400 billion of federal funding is allocated • The census provides a snapshot of the nation and our city ■ • Answers are protected by law and strictly confidential • Information collected is used for statistical purposes only A Complete Count is in Our Hands 28 US Census Bureau City of Dallas Contact Information Pauline Medrano, Deputy Mayor Pro Tern www.2010census.gov Office: 214.670.4171 www.census.gov Email: pauline.medrano@dallascityhall.com Yasmin Barnes Tolliver, Census Manager US Census Dallas Region Office: 214.670.5417 Email: yasmin.barnes@dallascityhall.com www.census.gov/rodal/wwvv/ City of Dallas ;iy k.0 4 Isr **141,4,4 4011 ‘0, 444It www.dallascityhall.com *pp 5 44' www.dallascityhall.com/census/ '411004- www.alcaldiadedallas.com/census/ 2()1() CEErSLJ Its In Our Hands You Tube Video tt t = t A Complete Count is in Our Hands 29 2010 CENSUS ADVISORY COMMITTEE MEMBER ORGANIZATIONS AND REPRESENTATIVES August 4 2009 Chair Marc H. Morial National Urban League President and Chief Executive Officer 120 Wall Street New York, NY 10005 212-558-5300 212-344-5332 Fax Vice- Chair Pauline Medrano Pro Tem Deputy Mayor 1500 Marilla St. 5EN Dallas, TX 75201 214-670-4048 214-670-1816 Fax American-Arab Anti-Discrimination Committee(AADC) Representative Alternate Ms. Helen Samhan Mr. Kareem Shora Executive Director American-Arab Anti- Arab American Institute Foundation Discrimination Committee 1600 K Street, NW, Suite 601 1732 Wisconsin Ave., NW Washington, DC 20006 Washington, DC 20007 202-429-9210 202-244-2990 Ext. 101 202-429-9214 Fax 202-244-7968 Fax American Farm Bureau Federation (AFBF) Representative Alternate Mr. Richard W. Newpher Mr. Cody Lyon Chief Administrative Officer Director of Grassroots 600 Maryland Avenue, SW and Policy Advocacy Suite 1000-W 600 Maryland Avenue, SW Washington, DC 20024 Suite 1000-W 202-406-3600 Washington, DC 20024 202-406-3604 Fax 202-406-3736 202-406-3756 Fax USCENSUSBUREAU 1 2010 CENSUS ADVISORY COMMITTEE MEMBER ORGANIZATIONS AND REPRESENTATIVES August 4 2009 American Foundation for the Blind (AFB) Representative Alternate Mr. Carlos Augusto Dr. Stacy Kelly, Ed.D. President and CEO Policy Research Associate 11 Penn Plaza, Suite 300 Public Policy Center New York, New York 1001 1660 L Street, N.W., Suite 513 212-502-7600 Washington, DC 20036 202-502-7777 Fax 202-822-0835 202-822-0838 Fax Asian American Justice Center Representative Alternate Ms. Karen Narasaki Ms. Terry Ao President and Executive Director Director of Census & Voting 1 140 Connecticut Ave, NW, Suite 1200 Programs Washington, DC 20036 1140 Connecticut Ave, NW 202-296-2300 Suite 1200 202-296-2318 Fax Washington, DC 20036 202-296-2300 202-296-2318 Fax Association of MultiEthnic Americans (AMEA) Representative Ms. Jungmiwha Bullock President P.O. Box 29223 Los Angeles, CA 90029-0223 818-230-2285 818-956-2120 Fax Association of Public Data Users (APDU) Representative Alternate Mr. Ken Hodges Dr. William G. O'Hare Claritas Senior Fellow 53 Brown Road The Annie E. Casey Foundation Ithaca, NY 14850-1252 701 St Paul Street 607-266-3229 Baltimore, MD 21202 607-266-0425 Fax 410-547-6600 Ext. 2049 USCENSUSBUREAU 2 2010 CENSUS ADVISORY COMMITTEE MEMBER ORGANIZATIONS AND REPRESENTATIVES August 4 2009 California Rural Legal Assistance, Inc. (CRLA) Representative Alternate Mr. Jose Padilla Ms. Ilene Jacobs Executive Director Director of Litigation 631 Howard Street, Suite 300 511 D Street, PO Box 2600 San Francisco, CA 94105 Marysville, CA 95901 415-777-2752 530-742-7235 415-543-2752 Fax 530-741-0854 Fax Consortium of Social Science Associations (COSSA) Representative Mr. Howard J. Silver Executive Director 1701 K Street NW, Suite 1150 Washington, DC 20005 202-842-3525 202-842-2788 Fax Council of Professional Associations on Federal Statistics (COPAFS) Representative Mr. Edward Spar Executive Director 2121 Eisenhower Avenue, Suite 200 Alexandria, VA 22314 703-836-0404 703-836-0406 Fax Election Data Services, Inc. (EDS) Representative Kim Brace 6171 Emerywood Ct Manassas, VA 20112-3078 202-789-2004 703-580-7267 703-580-6258: Fax USCENSUSBUREAU 3 2010 CENSUS ADVISORY COMMITTEE MEMBER ORGANIZATIONS AND REPRESENTATIVES August 4 2009 Federal Reserve Bank of New York Representative Alternate Dr. Erica Groshen Kaysar Hamdani Vice President and Director of Vice President and Community Regional Affairs Affairs Officer 33 Liberty Street 33 Liberty Street New York, NY 10045-0001 New York, NY 10045-0001 212-720-7685 212-720-8258 212-720-1844 Fax 212-720-1844 Fax Housing Statistics Users Group (HSUG) Representative Alternate Mr. David Crowe Mr. Donald S. Bradley National Association of Home Builders President 1201 15th Street, NW Housing Statistics Users Group Washington, DC 20005-2800 12135 Preston Drive 202-266-8383 Lusby, MD 20657 202-266-8426 Fax 703-836-1804 National Association of Counties (NACO) Representative Alternate Mr. Larry E. Naake Ms. Jacqueline Byers Executive Director Director of Research 440 First Street, NW 440 First Street, NW Washington, DC 20001-2080 Washington, DC 20001 202-393-6226 202-942-4285 202-393-2630 Fax 202-737-0480 Fax National Association of Latino Elected and Appointed Officials (NALEO) Educational Fund Representative Mr. Arturo Vargas Executive Director 1122 W. Washington Blvd, 3rd Floor Los Angeles, CA 90015 213-747-7606 213-747-7664 Fax USCENSUSBUREAU 4 2010 CENSUS ADVISORY COMMITTEE MEMBER ORGANIZATIONS AND REPRESENTATIVES August 4 2009 National Association of Towns and Townships(NATaT) Representative Alternate Deborah Driskell Mr. Bart Russell President Executive Director 444 N. Capitol Street NW, Suite 397 Connecticut Council of Small Towns Washington, DC 20001 1245 Fai inington Ave., #101 202-624-3550 W. Hartford, CT 06107 202-624-3554 Fax 860-676-0770 National Conference of Black Mayors, Inc.(NCBM) Representative Alternate Ms. Vanessa R. Williams Timothy P. McNeill, RN, MPH Executive Director Director of Development 101 Marietta St, Suite 3410 National Conference of Black Mayors Atlanta, GA 30303 Washington, DC 404-765-6444 (202) 621-4187 404-765-6430 Fax National Conference of State Legislatures (NCSL) Representative Alternate Mr. William Pound Mr. Tim Storey Executive Director Senior Fellow 7700 East First Place 7700 East First Place Denver, CO 80230 Denver, CO 80230 303-364-7700 303-856-1537 303-364-7800 Fax 303-364-7800 Fax National Congress of American Indians (NCAI) Representative Alternate Ms. Amber Ebarb Ms. Heather Thompson Legislative Associate Director of Intergovernmental Affairs 1301 Connecticut Ave. NW, Suite 200 1301 Connecticut Ave. NW, Suite 200 Washington, DC 20036 Washington, DC 20036 202-466-7767 202-466-7767 202-466-7797 Fax 202-466-7797 Fax USCENSUSBUREAU 5 2010 CENSUS ADVISORY COMMITTEE MEMBER ORGANIZATIONS AND REPRESENTATIVES August 4 2009 POLIDATA Political Data Analysis Representative Mr. Clark H. Bensen 3112 Cave Court Suite B Lake Ridge, VA 22192-1167 703-690-4066 202-318-0793 Fax U.S. Chamber of Commerce Representative Alternate Ms. Joan Naymark Mr. R. Bruce Josten Director Research and Planning Executive Vice President Target Corporation of Government Affairs 1000 Nicollet Mall 1615 H Street, NW Minneapolis, MN 55403 Washington, DC 20062-2000 612-761-6776 202-463-5310 612-761-5577 Fax 202-887-3403 Fax USCENSUSBUREAU 6 2010 CENSUS ADVISORY COMMITTEE MEMBER ORGANIZATIONS AND REPRESENTATIVES August 4 2009 EX OFFICIO MEMBERS Chairman, Committee on Oversight Alternate and Government Reform Mr. Darrell Piggee The Honorable William"Lacy" Clay Professional Staff Subcommittee on Information Policy, Census Subcommittee on Information Policy, and National Archives Census and National Archives Room B-349A Rayburn House Office Building Room B-349C Rayburn House Office Washington, DC 20515 Building Washington,DC 20515 202-225-6751 Ranking Minority Member Alternate The Honorable Patrick T. McHenry Mr. John Cuadares Subcommittee on Information Policy, Census Professional Staff and National Archives Committee on Oversight and Room 224 Rayburn House Office Building Government Reform Washington, DC 20515 Room B350A, Rayburn House Office Building Washington, DC 20515 202-225-5074 Representative of the Census Advisory Committees on the African American Population, The American Indian and Alaska Native Populations,the Asian Population, the Hispanic Population and the Native Hawaiian and Other Pacific Islander Populations Dr. K.V. Rao Founder President India Network Foundation P.O. Box 22 Windermere, FL 34786 407-258-8346/408-850-2154 Fax: 800-837-6384 USCENSUSBUREAU 7 Wylie City Council CITY OF \YLIE Minutes Wylie City Council Tuesday, December 8, 2009 -6:00 pm Wylie Municipal Complex - Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. with the following Wylie City Council members present: Mayor Pro Tern Red Byboth, Councilwoman Kathy Spillyards, Councilman Rick White, Councilman David Goss, Councilman Carter Porter and Councilman Bennie Jones. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; City Attorney, :Courtney Kuykendall; Fire Chief, Randy Corbin; City Engineer,` Chris Hoisted; Planning Director, Renae':011ie; Police Chief, John Duscio; Finance Director, Linda Vaughan; Public Services Director, Mike Sferra; Building Official, Mike McAnnally; City Secretary, Carole Ehrlich; Public Information Officer, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Fire Chief Corbin gave the invocation and Cub Scout Troop 1049, Den 7, led the Pledge of Allegiance. Cub Scouts present included: Michael Still, Brandon Carroll, Christopher Eustice, Patrick Justiniano, Wylie Dunham, Jorge DeLeon, Andrew Booth, Andrew Cheney, Caleb Beem, and Anthony Comparetto. Troop leaders present were: Christine Eustice and Kristal Tucker. PRESENTATION • Presentation to 2nd Six Weeks Star Students -Character Trait of "Respect." (E. Hogue, Mayor/Council) Mayor Hogue and Mayor Pro Tem Byboth presented medallions to students demonstrating the character trait of "Respect." Each six weeks one student from each WISD campus is chosen as the "star student." Mayor Hogue convened into Executive Session at 6:15 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Minutes December 8, 2009 Wylie City Council Page 1 EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: §§ 551.071 Consultation with City Attorney: • Legal issues related to Joint Radio Communications System RECONVENE INTO REGULAR SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Regular Session at 6:32 p.m. Mayor Hogue recessed into Work Session at 6:33 p.m. WORKSESSION • Presentation by Collin County Commissioner Jerry Hoagland regarding Intermodal Transportation System (Collin County Commissioner, Jerry Hoagland) Jerry Hoagland, Collin County Commissioner, and George Elking, member of the Collin County Planning Board, gave a short presentation regarding the possibility of an Intermodal facility in north Collin County similar to Alliance Airport, with various means of transportation coming in and out of the facility. RECONVENE INTO REGULAR SESSION Take any action as a result from Work Session. Mayor Hogue reconvened into Regular Session at 7:01 pm. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Laura Gates, residing at 1208 Anchor Ct., Wylie, Texas, addressed council regarding fence issues. Mayor Hogue directed Assistant City Manager Butters to contact Ms. Gates to discuss the issue. CONSENT AGENDA .411 matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the November 10, 2009 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2009-34(R) authorizing the Mayor to execute an addendum to the Interlocal Agreement between the City of Wylie and Collin County, TX for the purpose of setting forth the parameters under which the County will provide Geographical Information System (GIS) to the City for a period Minutes December 8, 2009 Wylie City Council Page 2 of October 2009 through September 2010. (R. Corbin, Fire Chie/Noe Flores, Asst. Fire Chief) C. Consider, and act upon, Resolution No. 2009-35(R) authorizing the City Manager to enter into an Interlocal Agreement with Collin County for the Collin County Project Funding Assistance Program for Community Park. (M. Sferra, Public Services Director) D. Consider, and act upon, Ordinance No. 2009-36 amending Ordinance No. 2009-26 (2009-2010 Budget) and approving an appropriation of funds in the amount of $267,500 for the Park Acquisition and Improvement Fund for the Collin County Project Funding Assistance Program for Community Park; adding $267,500 to the County Park Grants Fund revenues to reflect reimbursements made by Collin County; providing for repealing, savings and severability clauses; and providing for an effective date of this ordinance. (M. Sferra, Public Services Director) E. Consider, and place on file, the Monthly Revenue and Expense Report for the City of Wylie as of October 31, 2009 (L. Vaughan, Finance Director) F. Consider, and place on file, the Monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of October 31, 2009. (S. Satterwhite, Executive Director, WEDC) Council Action A motion was made by Councilman Porter, seconded by Councilman White to approve the consent agenda as presented. A vote was taken and the motion passed 7-0. REGULAR AGENDA General Business 1. Consider, and act upon, Resolution No. 2009-36(R) authorizing the City Manager to execute an interlocal cooperation agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas, and the City of Murphy, Texas for a Joint Radio Communications System. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed council stating that staff has reviewed and recommends an Interlocal Cooperation Agreement with the cities of Allen, Plano, and Murphy for a joint radio communications system. This Agreement will provide the governance structure for the Public Safety radio system for Wylie, utilizing space on the Plano-Allen-Murphy-Wylie(PAWM) Radio System. The agreement addresses the City of Wylie and the City of Murphy obligations in the jointly owned radio system. The cities of Wylie and Murphy will be exempt from user fees associated with leased airtime on the new radio system. They will jointly fund a radio technician as indicated in the agreement. The cities of Allen and Plano reserve the right to seek additional airtime lease subscribers from other municipal and private agencies within the corporate limits of Wylie and Murphy. The revenue from any such additional subscribers will be held by the cities of Plano and Allen and used to support the jointly owned radio system infrastructure. Minutes December 8, 2009 Wylie City Council Page 3 Council Action A motion was made by Councilman White, seconded by Councilman Jones to approve Resolution No. 2009-36(R) authorizing the City Manager to execute an interlocal cooperation agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas, and the City of Murphy, Texas for a Joint Radio Communications System. A vote was taken and the motion passed 7-0. 2. Consider, and act upon, Resolution No. 2009-37(R) authorizing the City Manager to execute an agreement by and between the City of Plano, Texas, City of Allen, Texas, the City of Wylie, Texas, and the City of Murphy, Texas, and Alcatel-Lucent USA Inc. for the purchase of products and services related to a microwave radio system for the Joint Radio Communications System. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed council stating that this multi-city system, referred to as the PAWM System, will be linked together by microwave signaling so that the multiple sites work together. The data for voice communications and the data sharing necessary will be done over this proposed microwave radio system, and is an integral part of the system's functionality. Chief Corbin noted that the first three items presented tonight, were researched by a consulting firm to insure that this is the best radio system for the City of Wylie. The City Attorney's Office has also been in consultation regarding the items, approving the new emergency management joint radio communications system. Council Action A motion was made by Councilman White, seconded by Councilman Goss to approve Resolution No. 2009-37(R) authorizing the City Manager to execute an agreement by and between the City of Piano, Texas, City of Allen, Texas, the City of Wylie, Texas, and the City of Murphy, Texas, and Alcatel-Lucent USA Inc. for the purchase of products and services related to a microwave radio system for the Joint Radio Communications System. A vote was taken and the motion passed 7-0. 3. Consider, and act upon, Resolution No. 2009-38(R) authorizing the City Manager to execute an agreement by and between the City of Plano, Texas, the City of Allen, Texas, the City of Wylie, Texas, and the City of Murphy, Texas, and Motorola Inc. to provide, design and implement a P25 Trunked Radio System for the Joint Radio Communications System. (R. Corbin, Fire Chief) Staff Comments Fire Chief Corbin addressed council stating that this recommendation will purchase the fixed, mobile, and portable hardware and software to implement the PAWM radio system and make it operable in Wylie. This is within the funding allocated for this project, and is a portion of the total project, not including the radio tower, facility changes needed to the current City Hall building, accessory purchases from vendors other than Motorola, and various related items. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to approve Resolution No. 2009-38(R) authorizing the City Manager to execute an agreement by and between the City of Plano, Texas, the City of Alien, Texas, the City of Wylie, Texas, and the City of Murphy, Texas, and Motorola Inc. to provide, design and implement a P25 Trunked Radio Minutes December 8, 2009 Wylie City Council Page 4 System for the Joint Radio Communications System. A vote was taken and the motion passed 7-0. 4. Consider, and act upon, a request to eliminate the distance requirement between a Beer & Wine Package Sales establishment and a public school. The property being located at 405 South Highway 78 (Shell Gas & Convenience Store). (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the property is located at 405 South Highway 78 and abuts the Hartman Elementary School (a public school). Per the Alcoholic Beverage Code Section 109.33 of Title 4, Subchapter C Local Regulation of Alcoholic Beverages, the governing body of a municipality has the authority to prohibit the sale of alcoholic beverages by a dealer whose place of business is within 300 feet of a church, public or private school, or public hospital. In addition, the TABC code allows that same governing body the authority to increase that distance requirement from 300 feet to 1,000 feet of a public school, if the governing body receives a request from the board of trustees of a school district under Section 38.007, Education Code. Ms. 011ie reported that the requestor's attorney was present should there be any questions regarding the variance. Ms. 011ie reported that the applicant was willing to construct a masonry/screening fence between the school playground and the convenience store and would have no outdoor signs advertising beer and wine. She noted staff had received a letter from the Wylie Independent School District superintendent asking that this request be denied. Art Anderson, attorney representing the applicant, addressed council stating that he felt there were several reasons that the applicant should have the variance due to hardship. He reported that the commercial property owned by the applicant was on the commercial thoroughfare and the school door was quite a distance away (650 feet) with the playground being the only section of the school on a zero lot line to the convenience store. He reported that the entrance to the school was on Birmingham and no children would be going by the store on their way to and from school. Mr. Anderson reported that the applicant wished to extend the store and add a drive through restaurant to the convenience store. He reported that in order to accomplish this, the sale of beer and wine was needed to increase the revenue. He noted that he believed the sale of beer and wine would increase the revenue for the store and would increase tax dollars for the city. Mr. Anderson stated that he saw no adverse impact on the school. Council Discussion Mayor Pro Tem Byboth asked if the car wash adjacent to the store was owned by the applicant. Mr. Anderson reported that it was not. Byboth asked if this would be a problem in regard to the proposed continual screening wall. Planning Director 011ie reported that the area in question would have to be open for access and could not be part of the wall enclosure. Mayor Pro Tem Byboth noted that he was always agreeable to a compromise but had strong concerns about the screening wall not keeping children from coming around the screening area and gaining access to the store. Councilman Porter noted that the school had been in that location long before the commercial property was established. Councilman Jones stated that his concerns were for the kids attending school at Hartman Elementary. Council Action A motion was made by Councilman Jones, seconded by Councilman Goss to deny the request (variance) to eliminate the distance requirement between a Beer & Wine Package Sales establishment and a public school. The property being located at 405 South Highway 78 (Shell Gas & Convenience Store). A vote was taken and the motion passed 7-0. Public Hearings Minutes December 8, 2009 Wylie City Council Page 5 5. Hold a Public Hearing and consider, and act upon, amending the zoning from Agricultura1/30 to Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major Use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel Road. ZC 2009-07 (R. 011ie, Planning Director) Staff Comments Planning Director 011ie addressed council stating that the subject property is located adjacent to the Regency Industrial district east of Hooper Road and approximately 410 feet south of Steel Road and totals 1.71 acres. The property is currently zoned Agricultural/30 and has been used for single-family homesteading and agricultural uses. A natural drainage channel (creek) bisects the middle of the property running in a northwesterly direction. She reported there would be no screening wall but would have some type of masonry fence around the dumpster area. Cheyenne Sohrabi, applicant (builder of the project), addressed council stating that all autos would be inside the building or behind the wall area. The space designated outside (behind the dumpster wall) would hold 4-5 cars but typically all vehicles would be inside the facility. Mayor Pro Tem Byboth asked if the applicant would be agreeable to a solid wall across the front with some type of iron gates. Mr. Sohrabi replied he would be agreeable to "get the job done." Mayor Hogue opened the public hearing on Zoning Case No. 2009-07 at 8:00 p.m. asking anyone present wishing to address council to come forward and limit their comments to three minutes. Public Hearing Evelyn McCyrley, residing at 326 Hooper Road, addressed council opposing approval, stating that she was concerned about additional flooding to her property. Mayor Hogue closed the public hearing on Zoning Case No. 2009-07 at 8:06 p.m. Council Discussion Councilman Porter asked City Manager Manson if the drainage would be addressed. Ms. Manson replied that in the event this application was approved, drainage consideration would be the next step during the site planning. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman Porter to approve amending the zoning form Agricultural/30 to Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major Use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel Road with the additional caveat that a brick screening wall matching the masonry of the building with iron gates be required to enclose the outside vehicle storage area in addition to the dumpster screening wall. A vote was taken and the motion passed 7-0. 6. Hold a Public Hearing and consider, and act upon, Ordinance No. 2009-37 adopting the 2006 Edition of the International Fire Code, save and except the deletions and amendments set forth herein and amending Chapter 46, Article III (Fire Code) of the Wylie Code of Ordinances. (R. Corbin, Fire Chief) Staff Comments Minutes December 8, 2009 Wylie City Council Page 6 Fire Chief Corbin addressed council stating that the Wylie Fire-Rescue and the City of Wylie are currently an Insurance Services Office Class One rated municipality. In an effort to maintain the current ISO rating and remain proactive in fire prevention, the Wylie Fire Prevention/Community Risk Reduction Division has been actively participating in the North Texas Council of Governments Fire Advisory board meetings. The goal of the Fire Prevention/Community Risk Reduction Division is to prevent deficiencies in future ISO PPC ratings, due to fire code, and remain current in relation to industry standard fire code. Chief Corbin reported that the amendments to the International Fire Code in the proposed Ordinance were recommendations from NTCOG Fire Advisory Board's applicable regional amendments. Additionally two amendments were recommended by staff which includes: 1009.4.1 Stairway Landings. This section was added as a local amendment to change stairway landings to accept emergency medical services cots, and 1007.2.2 Where elevators are utilized. This section was added as a local amendment to change elevator car size to accept an emergency medical services cot. Chief Corbin reported that these amendments were essential to allow emergency workers ease of access to patients in emergencies. Public Hearing Mayor Hogue opened the public hearing on Zoning Case No. 2009-07 at 8:00 p.m. asking anyone present wishing to address council to come forward and limit their comments to three minutes. No one was present to address council during the public hearing. Council Discussion Councilwoman Spillyards stated that she had concerns regarding the added costs to prospective businesses to re-design the stairways and elevators to accommodate the emergency medical services cots. She noted that although she was sympathetic to emergency services, she was afraid the cost would prohibit prospective businesses from coming to Wylie if the building was more cost effective to build in a neighboring city. She asked Building Official McAnnally what the additional cost would be to conform to these new amendments. Building Official McAnnally stated that having the emergency exists (at least one) available in the event of an emergency was important to the emergency services but did not have figures on the cost to construct the additional width of the elevator and/or stair cases. City Manager Manson reported that the item could be tabled until the costs could be obtained. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilwoman Spillyards to table the item to a meeting in January 2010 to allow time to obtain costs regarding the additional amendments for stairways and elevators for emergency access to building. A vote was taken and the motion passed 7-0. General Business Tabled From November 10, 2009 Council Action A motion was made by Councilman White to remove Item #6 from the table and consider. Consensus of the Wylie City Council was to remove Item #6 from the table and consider. 7. (MOTION TO REMOVE FROM TABLE) Consider, and act upon, authorizing staff to schedule the events and performers for the 2010 Summer Concert Series. (R. Diaz, Recreation Supervisor) Minutes December 8, 2009 Wylie City Council Page 7 Staff Comments Recreation Supervisor Diaz addressed council stating that staff brought forth to council 3 options for summer events for 2010 at the November 10, 2009 meeting. After discussing all of the options the council decided to table the issue providing direction for staff to research some other options and bring the item back to them at the December meeting. Per council direction staff has come up with the following new options: • Street Dance with Charlie Robison or equivalent as the headline performer would cost approximately$18,000.00. Proposed event date is Friday, July 9, 2010. • Concert and Fireworks with Professor D or equivalent as smaller headline performer would be approximately$26,000.00. Proposed event date is Saturday, July 3, 2010. • Movies with working with the City of Rowlett to provide an inflatable screen would cost approximately $1,250.00 per event. Proposed event dates are Saturday, July 31 and August 7, 2010. • Balance left over from any of the proposed options could also be used to fund any grand opening events for the new municipal complex. • Depending on which events are chosen some funding will also be needed for advertising, portolets, generators, and possibly security. Mr. Diaz reported that he had worked with the company who books the city concerts and the costs provided were estimates; like cost entertainers could change if council desired. Mr. Diaz asked for direction from council regarding which options the council wished to pursue. He noted sponsorships were not included to offset a portion of the cost but could be added at a later date. Council Discussion Councilman Jones noted concern that the groups in the past did not relate to the younger population in Wylie. He suggested planning events with entertainers that would relate to the younger population. Mr. Diaz replied that in the past the city had tried to select a variety of groups that would appeal to different age groups. Councilman White asked if the actual budgeted amount was $37,000; if so, these numbers total to approximately $4,600. Mr. Diaz explained that he was giving options for which he was asking council which events they wished the department to pursue. Mayor Hogue asked council what their preference would be. Councilman Goss stated that he wanted to see the fireworks continue. Mayor Pro Tem Byboth stated that he thought an act could be secured for less cost than estimated; he noted that he would like to see the street dance continue. He suggested having local entertainment for the fireworks event. Councilwoman Spillyards suggested continuing the street dance as it was a tradition for Wylie and brought business to the downtown merchants. She explained that she did not think the fireworks brought the crowds and in the current economic time felt it could be eliminated as other cities have done. Mayor Hogue commented that he also had concerns with the budget constraints. He suggested having the July Jubilee as it was a tradition. He commented that the "Searching for a Star" event that Rob Hunter, a downtown merchant, has created has been very successful and is held in the downtown area. He noted that he did not think the fireworks needed to be included in next year's budget due to affordability. Councilman White concurred. Council Action A motion was made by Mayor Pro Tern Byboth, seconded by Councilman White to direct staff to plan a somewhat curtailed fireworks show for the week of July 3, 2010 and continue the July Jubilee Dance as the city has in the past and work at reducing the costs for both. A vote was taken and the motion passed 7-0. 8. Consider, and act upon, award of a contract, in the amount of $1,493,947.00, to Preload for the construction of a 1.5 million gallon ground storage tank at the Nortex Pump Station. (C. Holsted, City Engineer) Minutes December 8, 2009 Wylie City Council Page 8 Staff Comments City Engineer Hoisted addressed council stating that on November 30, 2009 at 4:00 p.m., two bids were opened for the construction of a 1.5 million gallon ground storage tank at the Nortex Pump Station. The tank was identified in the most recent water system capital improvements plan and water impact fee update. The new tank provides additional storage capacity for the low pressure service area generally located in the south and eastern portions of the City. The new tank will be constructed of concrete and have a height of approximately 30'. Mr. Hosted reported that the low bid was submitted by Preload, Inc. of Hauppauge, New York. Birkhoff, Hendricks, and Conway has worked with Preload on similar projects and they recommend award to them. A deductive bid was included if the company was awarded both the Newport and Nortex tanks and Preload bid a deductive amount of $147,300. Total cost for the construction of both tanks is $3,312,809.00. He reported that the funds would come from the bond proceeds and interest income derived from those funds. Council Action A motion was made by Councilman White, seconded by Councilwoman Spillyards to award a contract, in the amount of $1,493,947.00, to Preload, Inc. for the construction of a 1.5 million gallon ground storage tank at the Nortex Pump Station. A vote was taken and the motion passed 7-0. 9. Consider, and act upon, award of a contract to Preload in the amount of $1,868,862.00 for the construction of a 2.0 million gallon ground storage tank at the Newport Harbor Pump Station. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed council stating that on November 30, 2009 at 1:00 p.m., two bids were opened for the construction of a 2.0 million gallon ground storage tank at the Newport Harbor Pump Station. The tank was identified in the most recent water system capital improvements plan and water impact fee update. The new tank provides additional storage capacity for the high pressure service area generally located in the north west portion of the City. Councilman Porter asked why the existing tank was being removed. Mr. Hoisted replied that the existing tank was a 500,000 gallon tank and has a different overflow system than the proposed new 2.0 million gallon tank and would need additional money to value and control it. Council Action A motion was made by Councilman Porter, seconded by Mayor Pro Tem Byboth to award of a contract to Preload in the amount of $1,868,862.00 for the construction of a 2.0 million gallon ground storage tank a the Newport Harbor Pump Station. 10. Consider, and act upon, the appointment of a Council representative to the regional Emergency Preparedness Planning Council to fill an expiring two year term. (M. Manson, City Manager) Staff Comments City Manager Manson addressed council stating that in 2002 the Council of Governments created the regional Emergency Preparedness Planning Council (EPPC) in response to requests from elected officials that the various emergency preparedness plans be integrated and coordinated on a regional Minutes December 8, 2009 Wylie City Council Page 9 level. The EPPC meets every other monMh, and provides guidance and makes recommendations to the COG Executive Board and the Regional Emergency Preparedness Advisory Committee vvhkzh is the haohnioo| arm (staff participants) of the initiative. She reported that for the past two years Councilman VVhiha has served in this capacity and was eligible for reappointment. Councilman Porter stated that he felt Councilman White had done a great job on this committee and was vary knowledgeable in emergency preparedness issues. He obytad that he would be in favor of nominating him for ne'oppointmanL Council Action A nnVbon was made by Councilman Porter, seconded by Councilman Jones to nominate Councilman Rich VVhik* to the COG Executive Board and the Regional Emergency Preparedness Advisory Committee for a two year term. A vote was taken and the motion paaaed7-U. READING OF ORDINANCES Title and caption approved 6y Council om required 6y Wylie City Charter, Article 8I Section /J'/l City Secretary Ehrlich read the caption to Ordinance No. 2009-36 into the official record. Mayor Hogue recessed into Executive Session at 9:15 p.m. reading the caption below. EXECUTIVE SESSION Recess into Closed Session /ncompliance with Section 55L00/. ut.xu4 Texas Government Code, to wit: 88551.072 Deliberation Regarding the purchase, exchange, lease er value ef real property generally located at: 0 W. A. Allen/Stone Road Intersection Mayor Hogue re-convened into Regular Session etS:25p.nn. RECONVENE INTO REGULAR SESSION Take any action ovorosokfrun, Executive Session. There was no action taken as o result of Executive Session. ADJOURNMENT With no further business before the Wylie City CVuOci(, a motion was made by Councilman VVhite, seconded by Councilman Jones to adjourn the meeting at 8:28 p.m. Consensus of the council was to adjourn. Eric Hogue, Mayor ATTEST: Canm|m Ehrlich, City Secretary Minutes December 8. 2OO9 Wylie City Council Paga1O Wylie City Council CITY of WYLIE AGENDA REPORT Meeting Date: January 12, 2010 Item Number: B Department: City Secretary (City Secretary's Use Only) Prepared By: Carole Ehrlich Account Code: N/A Budgeted in individual Date Prepared: January 5, 2010 Budgeted Amount: departments Resolution, Distribution and Exhibits: Cost Comparisons Subject Consider, and act upon,Resolution No. 2010-01(R) establishing a public newspaper of general circulation to be the "Official Newspaper" for the City of Wylie and further designating a secondary newspaper for notices requiring specific legal requirements. Recommendation Motion to approve Resolution No. 2010-01(R) establishing the WylieNews as the "Official Newspaper" of the City of Wylie; and further establishing the Dallas Morning News(Collin County and Metro East Sections) as the secondary paper for notices requiring specific legal requirements. Discussion Texas Local Government Code, §52.004 states that at the beginning of each fiscal year, municipalities must designate an official newspaper. This must be done as soon as practicable. The municipality shall contract with the newspaper designated by ordinance or resolution. There are two requirements that must be met for a newspaper to meet the statutory requirements as a newspaper of general circulation. (a)Designating Official Newspaper. The publication must be a newspaper as defined by § 2051.044, Government Code. The section defines the term newspaper as: § 2051.044, (a) (1) any newspaper devoting not less than 25% of its total column lineage to the carrying of items of general interest (2) published not less frequently than once each.week, (3) entered as second class postal matter in the county where published (4) having been published regularly and continuously not less than twelve (12) months prior to the making of any publication... Page 1 of 2 Page 2 of 2 § 2051.044, (b) Publication of Notice in Newspaper. Where a law which requires or authorizes the publication of a notice in a newspaper by a municipality, and does not specify the manner of the publication, including the number of times that the notice is required to be published and the period during which the notice is required to be published, the above requirements (a) pertain; additionally, (b), (4) states that a municipality shall publish notices in a newspaper that is published in the municipality, and which meets the above requirements and will publish the notice at or below the legal rate. If no newspaper published in the municipality meets these requirements, then the municipality shall publish the notice in a newspaper that is published in the county in which the municipality is located and will charge the legal rate or a lower rate. GC §2051.048. Staff has attached publication rates for both the Wylie News and Dallas Morning News current for 2010. Some legal notices require that the notice be published in all counties within the incorporated city; in this case the city attorney's office has noted that it is best to publish these notices in the three county editions of the Dallas Morning News as well as the Wylie News. The City of Wylie Home Rule Charter additionally states in Article X1, Section 2; The City Council shall declare an official newspaper of general circulation in the city. All captions of ordinances, notices and other matters required to be published by this charter, by city ordinances, or by the constitution and laws of the State of Texas, shall be published in this official newspaper. The Wylie News meets the criteria for official publication as provided by the statute and provides the most cost efficient legal notice fees. The Wylie News has been the official newspaper for the City for many years. Approved By Initial Date Department Director CE 1/5/10 City Manager '' ' f` RESOLUTION NO. 2010-01 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ESTABLISHING A PUBLIC NEWSPAPER OF GENERAL CIRCULATION TO BE THE OFFICIAL NEWSPAPER FOR THE CITY OF WYLIE. WHEREAS,Section 52.004,Local Government Code,requires the City Council of the City of Wylie,Texas("City Council")to determine,by ordinance or resolution,a public newspaper to be the official newspaper for the City of Wylie, Texas ("Wylie"); and WHEREAS, the City Council finds that the Wylie News is a public newspaper of general circulation and: (1) devotes not less than 25%of its total column lineage to general interest items; (2) is published at least once a week; (3) is entered as 2nd class postal matter in the county where published; (4) has been published regularly and continuously for at least 12 months before the governmental entity or representative publishes notice; and WHEREAS,the City Council finds that the Wylie News is a publication that meets all of the criteria legally required of an officially designated newspaper for the City of Wylie; and NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: (1) The Wylie News is designated as the official newspaper for the City of Wylie for Fiscal Year 2010, commencing January 1, 2010. (2) This Resolution is effective immediately upon passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, and this the 12th day of January 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution 2010-01(R) Establishing Official Newspaper 2010 PU LICATI ON COST SU A Y Dallas Morning News Wylie News January 2010 ALLAS ORNING NEWS (COLLIN COUNTY AND ETRO EAST SECTION) Legal Notices (Ordinance Captions, Public Hearings P& Z) Zoned Edition Open (no contract) $2.55 per line/$15 liner-$20 display online With Contract($3,000/yr.) $1.60 per line/$15 liner-$20 display online (Based on 11 columns per page) Full Dallas Morning News Open $14.00 per line/$15 liner-$20 display online Full Dallas Morning News ($3,000/yr) $5.50 per line/$15 liner-S20 display online Classified Rates (Election Notices) Full DMN only $14.00 per line/$15 liner-$20 display online With Contract($3,000/yr.) $5.50 per line/$1.5 liner-S20 display online Display Rates (Budget/Tax Notices) Open $2,075.00 (1/4 page-Thurs area edition) $2,700.00 (1/4 page-Sunday areas edition) THE YLIE NEWS Legal Notices (Ordinance Captions, Public Hearings P& Z) Open (no contracts available) $2.41 per line (display online included) Classified Rates (Election Notices) $14.00 per column inch (display online, based on 8 columns per page, included in price) Display Rates (Budget/Tax Notices) $14.23 per column inch (online not available) CIRCULATION WITHIN THE CITY Dallas Morning News (for zip code 75098) 2, 782 (Mon/Sat paper) 4,258 (avg. Circulation Sunday) The Wylie News (Wylie) 6,733 (The Wylie News) The Wylie News -Notices are published in the 10,665 (total circulations) Murphy/Sachse/Wylie editions Public notices are also included in Wylie News Online which has almost 70,000 unique visitors per month. Wylie City Council CITE OF LIE AGENDA REPORT Meeting Date: January 12, 2010 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 12/11/09 Budgeted Amount: Exhibits: Four Subject Consider, and act upon, Ordinance No. 2010-01 amending the zoning from Agricultural (AG-30) District to Light Industrial with Specific Use Pettnit (SUP) for an Auto Repair, Major use on1.717 acres (L.K. Peg-ties Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel Road. ZC 2009-07 Recommendation Motion to approve Ordinance No. Ordinance No. 2010-01 amending the zoning from Agricultural (AG-30) District to Light Industrial with Specific Use Permit (SUP) for an Auto Repair, Major use on 1.717 acres (L.K. Pegues Survey, Abstract No. 703) generally located east of Hooper Road and approximately 410 feet south of Steel Road. ZC 2009-07 Discussion Owner: Mr. Javier Trejo Applicant: Mr. Javier Trejo(Hooper Road Body Shop) Zoning Case 2009-07 requires an Ordinance to amend the zoning accordingly in the Official Zoning map of the City; and providing a penalty clause, a repeal clause, a savings clause, a severability clause, and an effective date. The subject property is located adjacent to the Regency Industrial District east of Hooper Road and approximately 410 feet south of Steel Road `and totals 1.71 acres. The property is currently zoned Agricultural/30 and has been used for single-family homesteading and agricultural uses. A natural drainage channel (creek) bisects the middle of the property running in a northwesterly direction. 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. Approved By Initial Date Department Director RO 12/11/09 City Manager t : /, Page 1 of I ORDINANCE NO. 2010-01 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2009-07, AGRICULTURAL (AG-30) DISTRICT TO LIGHT INDUSTRIAL WITH SPECIFIC USE PERMIT (SUP) FOR AN AUTO REPAIR, MAJOR USE; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; 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 classification of Light Industrial with Specific Use Permit (LI-SUP) District, said property being described in Exhibit "A", Exhibit "B" (Zoning Exhibit), and Exhibit "C" (Development Conditions) attached hereto and made a part hereof for all purposes. 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: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No.2010-01 ZC 2009-07 AG-30 to Light Industrial with SUP Hooper Road Body Shop SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 121" day of January, 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—January 20, 2010 Ordinance No. 2010-01 ZC 2009-07 AG-30 to Light Industrial with SUP Hooper Road Body Shop Exhibit"A" Legal Description Zone Case#2009-07 Situated in the State of Texas, County of Collin, and in the L.K. Pegues Survey, Abstract No. 703, being a portion of a five acre parcel of land described and conveyed by deed recorded in Volume 715, Page 708 of the Collin County Deed Records and being more particularly described as follows: COMMENCING FOR REFERENCE at the Northwest corner of said five acre parcel; THENCE South 88 degrees 01 minutes 49 seconds East; a distance of 30.02 feet to and iron rod in the east line of Hooper Road, marking the Principle Place of Beginning for the herein described tract; THENCE with the North line of said five acre parcel, South 88 degrees 01 minutes 49 seconds East, a distance of 466.88 feet to an iron pipe marking the northeast corner of said five acre parcel; THENCE with the East line of said five acre parcel, South 00 degrees 36 minutes 25 seconds East,a distance of 160.00 feet to an iron rod; THENCE North 88 degrees 02 minutes 18 seconds West, a distance of 468.57 feet to an iron rod; THENCE North with the East line of Hooper Road, a distance of 160.00 feet to the Principle Place of Beginning and containing 1.717 acres of land, more or less. EXHIBIT " B " `d4O.O.Q_ tor000po�od. ael wow..�� 9 0O1o° nL 344 M.MAIO 5111a7' �o� o oho ,\ I, III I 0 0 STEM!DAD �j rsup+ccl CO .16 CC 81 p, ,;�0 0 Fear p I 2t'MDE FWC LANE L. Io soma mac Q NausZ ea. \I �I r1-- t`"'��o O FH lit 0 i. I Vl t� �RFfr, oO,+.o�� i�l Q ; �w VICINITY MAP I f _ _ EXi5f1NG. l ' 1 .0 BAgN 0, I u-ialar/G 1 MAST lnr 71'TEE FSE MC 4 0ar A I r ++ 4E147' AG/zu nun ulI SITE PLAN SUMMARY ICI arm rae1c MO.CIA co MK 11av®eowc.U. m svwl SITE PLAN IA DB• I.1111�(/LNIA WI) —A IPAa.a Ic*D1c MO• rr-Y II-ID, SPECIFIC CONDITIONS 4 Elvin Mai.I tart PIT m II n.Q'vtq ocr M11 I mom fa1Cr Iq PM 7034/fit. MaREIf O.E5,9U AREA S M CCM 5xi1+I� IOIII VIYf AU Ina If aIDC•011 Inn•11EIINO VIIMI fiYaa�rf6sRl.fi Afl 1. Solid brick screens wall with wrought irongate along 9 RiII MOB V'Dh4 Eua•-Esenwx the front property line co match the same masonry nisiOfr>sot-PiO RiID[I•E =K AMM v Iinua PsI11 ROA 1.II 11p1/11 1 MOCP MEM construction as the main building. al.rwaq TM MOM A[If IST I 70 alp OWW O 2. Dumooter enclosure to be solid masonry wall on three sides with metal gates. ZONING EXHIBIT 3. Solid masonry wall enclosure around outside open storage area, ZC2009-07 a. No chain link fencing shall be allowed. SUP REQUEST & RE-ZONE FROM AG/30 TO U = ,„ -, Hooper Road Body. Shop ..; I LK. Papal Survey Abstract No, 703 mm { f = `' DECDEL a'- zoos Javier Troia HUGS-Architects 4f 14EF{},RW 736111 0104 4'DO3 123011 waar+ex - (q S tm..irvc,.ws (, 4444 . RDGS x 1111I11111111u1I 11111111111111i111111 ..�. .�. , ,, . . - --- I 1111 r � 2 "I WEST =rrr r.r r '*..wry.... PECAN STREET i .1 , e, - .::s SUITE 103 w•.,., � CEtINA TEXAS ', —" - �. : """^ f 2-4994 w.m.owawimo 444144.411114 iatw.«.0 REV1SSLt•. SOUTH ELEVATION CONCEPT NORTH ELEVATION CONCEPT nr :47.4 , �ffi.wt T Al z1,§, 1444 44,4 i ET'PsgCY1�` ,s .h;�y.t ff its 26f"LL'' 1pptl E E- nna -•x ...- � � gR'y3ffy�y .rrrw.raw 1'.:FB@ rA4A¢99iI`ii: y_ ARGH!TECTURAL DESIGN REOUIREIMIENTS EAST ELEVATION CONCEPT EMENr _ 8ASE STANDARDt E31RA8t�E 3 Off .•• {} MUMS MATERIALS ..,taxa D4 c<»rTr PA AD tie SR1CK HUH AT LEAST aoA w cant.tx cf FMs rz<ts rarrA*N 0EAr fAc ve M sALS stone CH PRLBtf FAG...ye IN HS,CR CC.U A/C HI TO MMY AGC@!E PALACE AAiK.U4AnM YLRA_VAiurrry no Oi9TAJ Di Tilt Will C HSTRiCilar 6 i7:RFY P Ili Li A2CifltWUWt LtTAUY3, NC.±n n15TwoTs. aaelar...,111.101.910.11 �{�'+ CC b.Rnett5 fr4TH Pit1H 6REATeR THAN7,LR VSS SPECIFIED t rc3a=i r-p%R40t{ai9 HAS A Mint.RCXR rLu W R c00C MATFSVat F4 CI)F.. ROW,Sialo GIRT AACiNti{.TIRM.5 116 Nat Af ""` r"•" ItiSTARS iterrAt TigeN MUMS 3Nfix=u+MCI f KLG cF� etiV00 o Cevasrrect GC M4,ai Vs Fla'c476,4 "` TM Bdy Bp 6UiLOitb ARTIC,vL11Tt01{ a iNlis R7ff 'w'*!IO&RNFDRI AAIro c'PlTvzrmr_� c axrtr-.ki�.rAtxX cp av�sruaasn nrfxtusimr ;ARetem,:.xa YARLITU/iN. bi5(AfACACEATtEAST 25A U't'n- s.I"iStr AT LEMT 4' WRNAt87kShf.�Ml(i b. ccHFLYiV;cFAtitairsrAw.CesAtitonCMgHARRASue .:ram•:'-. ((""``��''�(( (�rtt��! - + 0 tl, ENIFWCtSH&T Ce&Tips tttemoearmA,ESlHrm IRaolVEYri rr H,SIW.AA$AK444, N �•+ ��} 4 t ux egw al 4. CRAW fIZOT2 FAGL'F5 N IF CA C a t 5tWG45 RYC44441/%Y1FJ U > ;r ' "� fr.A14Re3 ALPO EQi Cr LEiS1H A."?GMiT'cGTtff{.AL ., eTeM145641 nets NO Ge aiSxw:.TS .SEAACHttrnRAi t.CRTAT0�8 :'.� �� 0 itiK`aisrCU89t3 leica#44VXM COMPATINLITY b StistAxcc ;i ATAterr CR Him ra cci�sauRti .mr. i-ii-t~nw�ryry , Art'AS..iWy,se AaEH9K:ilRA1d,Y LCFPATR%E iaMOMWMW It x•+ni iar.e.rr RENT ELEVATION CONCEPT ......... #09015 0 2.00 EXHIBIT"C" The Development will comply with the current Light Industrial Standards and include the following stipulations: 1. Solid brick screening wall with wrought iron gate along the front property line to match the same masonry construction mo the main building. 2. Dunnp:dar enclosure to be solid masonry wall on three sides with metal gates. 3. Solid masonry wall enclosure around outside open storage area. 4. No chain link fencing shall beallowed - CL) ss � L3 (.() "' i Sleet Road S CD chi Pump Station . r" ( B iA ,,." ti. �t cV N 9 trt Ca Af�/j '�( —Co/ M Tr t 34 ,, , , ' 5 :srroan New Heights n . , Bap sf Church t Lot 340 Addition , IR, o z �-L. IIIII. I , _.. f N. 5Q3 a t t/��k / �^'�Jrr�y ,, .. (A:vs:b. (1) ....\* t, t 6;.) .. ., .7171 4` 1 \ . O '` '\ . i 1 t ' OWNER NOTIFICATION MAP X= 3°�.� + ZONINGCASE # C� - 7 0= l' NOTIFICATION REPORT APPLICANT: Sohrab Sohrabl of CTS Commercial, LLC APPLICATION FILE 2009-07 7503 Blossom Lane Frisco,Tx 75034 rtiSLIVABS1 LOT/TRACT TAX 1.D. # PROPERTY OWNER NAME ADDRESS Applicant-Sohrab Sohrabi 7503 Blossom Lane 1 CTS Commercial, LLC Frisco,Texas 75034 . . Hooper Business Pk North Texas District of the PO Box 1188 2 Bik A Lot 10 R-2589-00A-0100-1 Assemblies of Gad Hurst,Texas 76053 Hooper Business Pk 1719 Analog Drive 3 Blk A 11 R-2589-00A-0110-1 Jamieson&Jamieson, Ltd. Richardson,Texas 75081 -_, Hooper Business PI( 701 Royal Birkdale Drive 4 Blk A 12 R-2589-00A-0120-1 LLTK Really, LLC Garland,Texas 75044 . Hooper Business Pk 17888 FM 2755 5 Bik A 15 R-2589-00A-0150-1 Michael Sargent Lavon,Texas 75166 New Heights Baptist 645 Laredo Drive 6 Blk 1 Lot 1 R-9555-001-0010-1 New Heights Baptist Church Murphy,Texas 75094 326 Hooper Road .X. 7 Abst 835 Tract 15 R-6835-000-0150-1 Evelyn McCurley Wylie,Texas 75098 PO Box 1149 8 Abst 835 Tract 13 R-6835-000-0130-1 Juan Dlaz Wylie,Texas 75098 1218 Willow Point Drive 9 Abst 703 Tract 10 R-6703-000-0100-1 Javier Trejo Murphy,Texas 75094 331 Hooper Road .... 10 Abst 703 Tract 3 R-6703-000-0030-1 George Ross Mile,Texas 75098 Donald Herzog BOO E. Campbell Road #130 11 Abst 703 Tract 12 R-6703-000-0120-1 Woodbridge North 1, Ltd Richardson,Texas 75081 12 13 14 15 16 17 18 - - Y 9. � dl" 4 of ii y yyp��' �g, y �72 F+ a R : „ �. P'` :-:, -:.1'1'; "AW F 1 .) e: a �.w N si roaring isle With Troditiano(Voias:s- 11-2-09 To:Planning and Zoning Commission, Wylie, Texas Case Number; 2009-07 We wish to express our concerns with the planned development across the road from the church. We do not have a problem with the change of zone to something allowing an auto repair shop to go in there as long as it is a brick building meeting city standards. We do want to express the need for proper set-backs and screening from the street. We do not want cars needing repair to be lined along the street in front of the building. We would rather the cars needing repair be placed in the rear of the facility thus screening the cars from the street. An additional concern would be to point out that this area does flood from time to time. Oil and gas issues could pose an environmental threat to the creek and the lake to our south. When we purchased our land and started planning this development we were told we could not have our parking lot in the front of the church. This requirement cost the church a great deal of money to make the needed adjustments. We are simply asking for similar consideration and for the plan to protect the curb appeal of this growing area. We hope these concerns can be met and this opportunity for business to grow in our city. Sincerely. Pastor Steve Foster New Ileights Baptist Church Pastor Steve Foster - 340 Hooper Road Wylie TX 75098 - 972-278-5577 - www.nhlbcwylie.com PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2009-07. r/- I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2009-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 3,2009,6:30 pin Municipal Complex,2000 Highway 78 North,Wylie,Texas Date.Location&Time of City Council meeting: Tuesday,December 8,2009,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Ft/'-/-., Cz4A/eel (please print)/ Address: -3 cg Aleto-79.4 A. le ci Signature: ..01/-A4Zrr Date: /cac2',A COMMENTS: Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 12,2010 Item Number: D Department: City Manager (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: December 30, 2009 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Resolution No. 2010-02(R) evidencing the support for a proposed senior living community to be built in Wylie; authorizing Evergreen Wylie Senior Community L.P. to apply to the Texas Department of Housing and Community Affairs for funding for such senior living community; and providing an effective date. Recommendation Motion to approve Resolution No. 2010-02(R) evidencing the support for a proposed senior living community to be built in Wylie; authorizing Evergreen Wylie Senior Community L.P. to apply to the Texas Department of Housing and Community Affairs for funding for such senior living community; and providing an effective date. Discussion In February 2009, the City Council heard a presentation from Tony Sisk of Churchill Residential, Inc. regarding a proposed application for Housing Tax Credits through the Texas Department of Housing and Community Affairs which would allow the rents to remain relatively low for the specified income restricted senior residents. The proposed Senior Living Facilities would be located south of the Target development, east of McCreary Road. The Planned Development District zoning for this property (Ord. 2006-01) includes a retirement housing use which specifies that the head of the household must be 55 years of age or older, and also addresses density, setback and parking requirements. The Council approved Resolution 2009-06 indicating the City's support of the project. The application was not successful due to the technicality of obtaining a letter of support from the incorrect state representative. The applicant is proposing to resubmit for this funding cycle which requires an updated Resolution from Council Approved By Initial Date Department Director MM 12/30/09 City Manager !` Page 1 of 1 RESOLUTION NO. 2010-02(R) A RESOLUTION OF THE CITY OF WYLIE, TEXAS EVIDENCING SUPPORT FOR A PROPOSED SENIOR LIVING COMMUNITY TO BE BUILT IN WYLIE; AUTHORIZING EVERGREEN WYLIE SENIOR COMMUNITY, L.P. TO APPLY TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS FOR FUNDING FOR SUCH SENIOR LIVING COMMUNITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Evergreen Wylie Senior Community L.P. has proposed a new development of senior housing at approximately 1000 feet South of FM 544 on McCreary Road (SEQ of FM 544 and McCreary Road), Wylie, Collin County, Texas 75098. The proposed community is to be named "Evergreen at Wylie Senior Living Community"; WHEREAS, as the American population ages, there is a need for reasonably priced rental housing for seniors in the community, and City Council wishes to evidence its support for this proposed development in the City of Wylie; WHEREAS, in order to help provide funds and secure necessary financing approvals, Evergreen Wylie Senior Community , L.P will apply for Housing Tax Credits and HOME funds from the Texas Department of Housing and Community Affairs ("TDHCA") which requires permission from Wylie City Council; WHEREAS, §49.9(i)(5), Texas Administrative Code, which gives Housing Tax Credit points for the commitment of development funding by local political subdivisions, states that the TDHCA HOME Program funds will not qualify for points in this category "unless a resolution is submitted with the application from the Local Political Subdivision authorizing that the Applicant act on behalf of the Local Political Subdivision in applying for HOME or Housing Trust Funds from TDHCA for the particular application." NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THAT: Section 1. The City Council of the City of Wylie, Texas recognizes that there is a need for rental housing for seniors within the City of Wylie and that City Council supports and encourages the development of Evergreen at Wylie Senior Living Community. Section 2. The City of Wylie appoints Evergreen Wylie Senior Community, L.P. to act on its behalf in applying for TDHCA HOME funds for the Evergreen at Wylie Senior Living Community; provided, however, that the City of Wylie disclaims any liability for administration or repayment of any HOME funds which may be loaned to Evergreen Wylie Senior Community Senior Community L.P. by TDHCA. Resolution No.2010-02(R) Support of Senior Living Community Evergreen Wylie Senior Community LP DULY APPROVED AND PASSED by the City Council of the City of Wylie, Texas, on this 12th day of January, 2010. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No.2010-02(R) Support of Senior Living Community Evergreen Wylie Senior Community LP 7Wylie •City •Council CITY of WYLIE AGENDA REPORT Meeting Date: January 12, 2010 Item Number: E Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: January 4, 2010 Budgeted Amount: Exhibits: Resolution Subject Consider and act upon Resolution No. 20 10-03(R) determining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to Brown Street. Recommendation Motion to approve Resolution No. 2010-03(R) detetiuining a public necessity to acquire, by purchase or condemnation, certain properties for the right-of-way for the construction of improvements to Brown Street. Discussion The design of Brown Street from FM 1378 to Ballard Avenue is nearing completion. The alignment at the intersection with FM 1378 has been shifted slightly to the north to better accommodate the turn lane and the drainage improvements along Brown Street. As a result, two parcels have been identified at the north east corner of the intersection. Approximately 400' of Brown Street is being constructed as part of the FM 1378 — FM 544 to Brown Street project. The attached parcels are necessary to complete the intersection improvements. Approval of the Resolution authorizes the City Manager to proceed with the acquisition of the right of way and execute the necessary documents. Approved By Initial Date Department Director CH 01/04/10 City Manager '' Page 1 of 1 RESOLUTION NO. 2010-03(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, DETERMINING A PUBLIC NECESSITY TO ACQUIRE, BY PURCHASE OR CONDEMNATION, CERTAIN PROPERTIES FOR THE RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE CONSTRUCTION OF AND/OR IMPROVEMENTS TO BROWN STREET WEST; GIVING NOTICE OF AN OFFICIAL DETERMINATION TO ACQUIRE PROPERTIES FOR RIGHT-OF-WAY AND/OR RELATED EASEMENTS FOR THE BROWN STREET WEST PROJECT; AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO ESTABLISH PROCEDURES FOR ACQUIRING THE PROPERTIES, BY PURCHASE OR CONDEMNATION; APPROPRIATING FUNDS; MAKING OFFERS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council"), investigated and determined that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition, of right-of-way and/or related easements on each of the parcels of properties described in Exhibits A-B attached hereto and made a part of this Resolution for all purposes (the "Properties"), and it is the City of Wylie, Texas' ("Wylie") intent to acquire, by purchase or condemnation, the necessary right-of-way and/or easements on the Properties for the purpose of, among other things, the construction, access, repair and maintenance of public facilities, specifically, the right-of-way and/or related easements for the construction of and/or improvements to Brown Street West (hereinafter referred to as the "Project") for the purposes of, among other things, paving and drainage improvements. WHEREAS, it is necessary to establish procedures for determining the establishment and approval of just compensation for the right-of-way to be acquired for the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2: Acquisition of Property. The City Council hereby officially determines that there is a public necessity for, and the public welfare and convenience will be served by, the acquisition of the Properties, and it is Wylie's intent to acquire, by purchase or condemnation, the Properties described in Exhibits A-B attached hereto, for the Project. Resolution No. 2010-03(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 1 509203-1 SECTION 3: Authority of the City Manager. The City Manager is hereby authorized to contract, on behalf of the City Council, with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed by Wylie from time to time in connection with acquiring the Properties for the Project. The City Council hereby ratifies any contracts entered into, prior to the effective date of this Resolution, by the City Manager with professional appraisers for appraisal services and with attorneys for preparation of title opinions needed for the acquisition of the Properties made the subject of this Resolution. SECTION 4: Deteuniination of Just Compensation. The City Manager, or her designee, is hereby authorized and directed to examine and rely on the independent appraisal reports, and other infouuation, in establishing and approving the fair market value offer and the just compensation for said right-of-way and/or easements. After consideration of said infonuiation, the City Manager shall establish and approve the amount determined to be just compensation for acquisition of the right-of-way and/or easements. SECTION 5: Authority to Make an Offer. Upon establishment and approval by the City Manager of the amount of just compensation for the acquisition of the Properties, the City Manager, or her designee, is authorized to send a written offer to the owner(s) of said Properties, along with a copy of the Landowner's Bill of Rights, for acquisition of said right-of-way and/or easements at the full amount determined and established to be just compensation for each parcel, and to negotiate with said owner(s) on behalf of Wylie. SECTION 6: Authority to Execute Documents. The City Manager is hereby authorized, on behalf of Wylie, to execute all documents necessary to acquire, by purchase or condemnation, each of the parcels needed for the Project. SECTION 7: Disposal of Improvements. The City Manager is hereby authorized to sell such surplus improvements, if any, located on the right-of-way acquired in connection with this Project, should they interfere with use and enjoyment of the right-of-way. SECTION 8: Source of Funds. The amount to be paid, if any, for acquiring the right-of- way and/or easements for the construction of and/or improvements to Brown Street West, will be appropriated from the 2006 General Obligation Bonds. SECTION 9: Condemnation Authorized. Should the City Manager be unable to acquire the right-of-way and/or easements by purchasing same, the City Manager is authorized to instruct the law firm of Abernathy, Roeder, Boyd & Joplin P.C. to commence condemnation proceedings for the acquisition of the right-of-way and/or easements for the Project. SECTION 10: Effective Date. This Resolution shall take effect immediately from and after its passage. Resolution No. 2010-03(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 2 509203-1 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 12th day of January, 2010. Eric Hogue, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary APPROVED AS TO FORM: Abernathy, Roeder, Boyd & Joplin, P.C. City Attorneys Date of publication in The Wylie News—January 20, 2010 Resolution No. 2010-03(R) Determining a Public Necessity to Acquire By Purchase or Condemnation Certain Properties Page 3 509203-1 EXHIBIT 'A' February 10, 2009 CITY OF WYLIE FIELD NOTE DESCRIPTION FOR WEST BROWN STREET RIGHT-OF-WAY WYLIE POINT, L.P. BEING a 10-foot wide parcel of land for the right-of-way for West Brown Street and being over, under and across a tract of land described as a 0.9800-acre Lot 1, Block A of the Zlan Corner Addition to the City of Wylie as recorded in 2005-1032201 of the Plat Records of Collin County, Texas, situated in the C. Atterbury Survey, Abstract No. 22, in Collin County, Texas, and conveyed to Wylie Point L.P., by a deed now of record in Volume 5993, Page 977 of the Deed Records of Collin County,Texas, said parcel of land for right-of-way being described as follows: BEGINNING at a point for corner being the most southerly southwest corner of said Lot 1, Block A of the Zlan Corner Addition (Wylie Point L.P.), also being the southeast end of an existing right-of-way corner clip between the north right-of-way line of West Brown Street (variable width) (formerly FM 3412) and the east right-of-way line of Country Club Road (variable width) (formerly FM 1378), said point for corner being N 44°40' 33" W,a distance of 0.04 feet from a 1/2-inch iron rod found; THENCE N 44° 40' 34- W, along the west property line of said Lot 1, Block A of the Zlan Corner Addition (Wylie Point L.P.) tract and said existing right-of-way corner clip, a distance of 14.44 feet to a 1/2-inch iron rod set for corner with a yellow cap marked "BHC-, said point being on the new north right-of-way line of West Brown Street; THENCE S 88° 30' 26" E, being at all times parallel with and 10 feet perpendicularly distant from the south property line of said Lot 1, Block A of the Zlan Corner Addition (Wylie Point L.P.) and the existing north right-of-way line of West Brown Street, a distance of 215.40 feet to a 1/2-inch iron rod set for corner with a yellow cap marked"MC",said point being in the east property line of said Lot 1, Block A of the Zlan Corner Addition (Wylie Point L.P.) and in the west property line of a tract of land being Lot 4, Block A of said Zlan Corner Addition and conveyed to Zlan Technologies, Ltd. by u deed now of record in Collin County Clerk's File No. 94-0029160 of the Deed Records of Collin County, Texas; THENCE S 00° 43' 00" E, along the west property line of said Lot 1, Block A of the Zlan Corner Addition (Wylie Point L.P.) and the east property line of said Lot 4, Block A of the Zlan Corner Addition (Zlan Technologies, Ltd.), a distance of 10.01 feet to a point for corner being the southeast corner of said Lot 1, Block A of the Zlan Corner Addition(Wylie Point L.P.) and the southwest corner of said Lot 4, Block A of the Zlan Corner Addition (Mr.) Technologies, Ltd.) tract, said point also being on the existing north right-of-way line of West Brown Street; JA0.....1...yak,2008-in A iNE,11 sum.' noct.r cl-l-wylirpgin Page 1 of 2 City of Wylie February 10,2009 West Brown Street Right-of-Way Field Note Description THENCE N 88° 30' 26" W. along the south property line of said Wylie Point L.P. tract and the said existing north right-of-way line of West Brown Street as described in Texas Transportation Minute Order No. 111608 conveying the right-of-way for FM 3412 from FM 1378 to Ballard Avenue to the City of Wylie, a distance of 205.37 feet to the POINT OF BEGINNING, and containing 0.0483-acres,more or less; The bearings sited in this field note description are based on Texas State Plane Coordinates,NAD 83. A Right-of-Way Plat of even date herewith accompanies this Field Note Description. Volifaet • ("."•-• Lw , I* • •••••••••:..... GARY CLINTON HENDRICKS Date: 02/4-0/2 \be feip.e•Vie etat4 SUP 1641 j. KAL1'.w.yim":21.Kill•102 w Qww streei pil&fickl Page 2 of 2 ,.. I WYUE POINT L.P. , VOL 5993, PG. 971 D.R.C.C.T. *— 1/21. IRON ROD ZLAN CORNER ADDITION ZLAN CORNER ADDITION SET W/ YELLOW LOT 2. BLOCK A CAP STAMPED COWN CO. PLAT RECORDS lt--\ "BHC" —1 2005-0132201 •-04 0 - . < \ 'C. ATTERBURY SURVT-Y '' I ' 24' FIRELANE AND ACCESS ci WYUE POINT, LP. UTIUTY EASEMENT fi C13 • 4 r -J LA: 20' UTILITY 1 Vol. 5993, Pg. 977 D.R.C.C.T. Ft-N, (BY PLAT) I A (-)>- EASEMENT ' ZIAN CORNER ADDITION ZINN TECHNOLOGIES, LTD. (BY PLAT) LOT 1, BLOCK A cc NO. 94-0029160 C.C.P.R. 2005-0132201 ZLAN CORNER ADDMON 61u4c. 8Z i.t..g`-• LOT 4, BLOCK A si ° REMAINDER (0.9317 AC.) PROPOSED WAY OP ) 15' SAN. SEW. 1' = 50' F2 ,_ 1/2" EASEMENT \ ____ — ___ _._ ••,- *I.R.S. _____-... (BY PLAT) j I.R.F:Th i I *I.R.S. .pi N44 40' ..34"W 14.44' jr,' . . • .., — '— 500' 4J' - 10.0111—r—- 1/2" N88' 30' 2614' — 205.57' t I.R.F. 20' N.T.M.W.D. DISK W.L. EASEMENT — k._ C. ATTERBLIRY SURVEY AWL 22 MON. POINT OF _REFERENCE BEARING N. MILURON SURVEY ABSTRACT NO.-513 BEGINNING S4440.33-E - 0.04' VARIABLE WIDTH R.O. . WEST BROWN STREET -E (FORMERLY F.M. 3412) .., REFERENCE BEARING x 41,:engt..4.:tv N8827'46uW - 36.93' foyasoo:tev.ds ..---------1 I ate sioa..•••••• ...• -?... GAI1Y C1.112/5NDRICKS. cn elss3N_5073:94 . . 1\.. C*1 CITY OF WYLIE, TEXAS g '..T.M.T•te ; . DIRICHOFF, HENDRICKS& CONWAY,L.L.P. PROFESSIONAL ENGINEERS WYLIE POINT. L.P. ...I Feb.2009 I 1910 GIREEISTVILLE AVE,10600 R.O.W. PLAT DALLAS,TEXAS 73243 214-361-7900 EXHIBIT '6' Febniary 10,2009 CITY OF WYLIE FIELD NOTE DESCRIPTION FOR WEST BROWN STREET RIGHT-OF-WAY ZLAN TECHNOLOGIES, LTD. BEING a 10-foot wide parcel of land for the right-of-way for West Brown Street and being over, under and across a tract of land described a 5_8730-acre Lot 4 of Block A of the Zlan Corner Addition to the City of Wylie as recorded in 2005-1032201 of the Plat Records of Collin County, Texas, situated in the C. Atterbury Survey, Abstract No. 22, in Collin County, Texas, and conveyed to Zlan Technologies Ltd., by a deed now of record in Collin County Clerk's File No. 94-0029160 of the Deed Records of Collin County,Texas,said parcel of land for right-of-way being described as follows: BEGINNING at a point for corner being the southwest corner of said Lot 4, Block A of the Zian Corner Addition (Zlan Technologies, Ltd.) and the southeast corner of Lot 1, Block A of the Zlan Corner Addition as conveyed to Wylie Point L.P. by a deed now of record in Volume 5993, Page 977 of the Deed Records of Collin County, Texas, also being on the existing north right-of-way line of West Brown Street(formerly FM 3412), said point bears S 88°30' 26"E a distance of 205.37 feet from the southwest corner of said Lot 1, Block A of the Zlan Corner Addition (Wylie Point L.P.)and said southwest corner bears N 44°40' 33"W,a distance of 0.04 feet from a 1/2-inch iron rod; THENCE N 00° 43'00- W, along the west property line of said Lot 4, Block A of the Zian Corner Addition (Zlan Technologies, Ltd.) and the east property line of said Lot 1, Block A of the Zian Corner Addition (Wylie Point L.P.), a distance of 10.01 feet to a 1/2-inch iron rod set for corner with a yellow cap marked "BHC", said point being on the new north right-of-way line of West Brown Street; THENCE S 88° 30' 26" E, being at all times parallel with and 10 feet perpendicularly distant from the south property line of said Lot 4, Block A tract and the existing north right-of-way line of West Brown Street, a distance of 554.82 feet to a 1/2-inch iron rod set for corner with a yellow cap marked "BHC", said point being in the east property line of said Lot 4, Block A of the Zian Corner Addition (Zlan Technologies, Ltd.) tract and said point being in the west property line of a tract of land conveyed to Birmingham Land, Ltd. by a deed now of record in Collin County Clerk's File No. 94-002%75 of the Deed Records of Collin County,Texas; THENCE S 00° 39 01" E, along the west property line of said Block 4, Lot A of the Zlan Corner Addition (Zian Technologies, Ltd.) and the cast property line of said Birmingham Land, Ltd. tract, a distance of 10.01 feet to a point for corner being the southeast corner of said Block 4, Lot A of the Zlan Corner Addition (Zian Technologies, Ltd.) and the southwest corner of said Birmingham Land, Ltd. tract, said point also being on the existing north right-of-way line of West Brown Street; j,kcifficaDwytiel003-102 w brown men paltd,field nous prc1.2adardocii dor Page I of 2 City of Wylie February 10, 2009 West Brown Street Right-of-Way Field Note Description THENCE N 88° 30' 26" W, along the south property line of said Block 4, Lot A of the Zlan Corner Addition and the existing north right-of-way line of West Brown Street as described in Texas Transportation Minute Order No. 111608 conveying the right-of-way for FM 3412 from FM 1378 to Ballard Avenue to the City of Wylie, a distance of 554.80 feet to the POINT OF BEGINNING,and containing 0.1274-acres,more or less; The bearings sited in this field note description are based on Texas State Plane Coordinates,NAD 83. A Right-of-Way Plat of even date herewith accompanies this Field Note Desc 7 . ©,F ,, f $ .Ale i,.,`"`� „ GARY CANTON HENDRICI(S $5O73 f�i Date: C3Z/Q ZQt 94,©•. 0�V.yp . c,oicallor die,_'008-i02 w brown 4fR(perdefidd l.u,h.doc Page 2 of 2 ...... -- — *- 1/2" IRON ROD SET W/ YELLOW WYUE POINT, LP. CAP STAMPED Vol 5993, Pg. 977 C. ATTERBURY SURVEY "BHC" ZLAN CORNER ADD,LOT 3, BLOCK A ABSTRACT No. 22 D.R.C.C.T. 1 1e t ZLAN CORNER ADDITION COWN CO. PLAT RECORDS i .... . 20' UTILITY EASEMENT 2005-0132201 L (BY PLAT) ZLAN TECHNOLOGIES, LTD.i 01, WYUE POINT, LP. Vol. 5 993, Pg. 977 D.R.C.C.T. ELAN CORNER ADO, CC NO. 94-0029160 f,-,1 0-z- LOT 2, BLOCK A ZLAN CORNER ADDITION 16 = 100' 1 n Z\- 24' FIRELANE AND li.-\ACCESS, UTIUTY ESMT. LOT 4, BLOCK A C.C.P.R. 2005-0132201 ...- ' (BY PLAT) • _1 - .......\ . WFOINT. L.P.---) V:1)599 Pg. 977 D.R.C.C.T. 15' SAN. SEW. (REMIANDER 5.7456 AC.) BIRMINGHAM LAND, LTD. .15 >- &I CC NO. 94-0029675 EASEMENT V. Er Li ZILA.;i: CORNER ADD., 1, BLOCK A i li PROPOSED 10' (BY PLAT)/- ri ....... Z 0 REF. BRO. RIGHT OF WAY .„,,, L...t... f--N44'40'rC4' TO I 20' N.T.M.W.D. f.....; ' PROPER C RNER W.L EASEMENT 0. 1274 ACRES . 0 } ‘,... SOO' 39' OrE *I.R.S. — *I.R.S. /0.0/' ' ---t ,.., '—- - — N88' JO 26 — 554.80 ii,100' 43' 001Y —1/2" 10.01 ' WEST T3RWIrS STREET `27---\-- ,, I.R.F. REFERENCE BEARING (FORMERLY F.M. 3412) • ',oil;•-•;, •...E - 205.37' -1 pt,;• .,.. 4 . POINT OF — ...f.___ _ M. MILURO N SURVEY G3.40,0 BEGINNING ABSTRACT NO. 5 63 ...,8 se - . ..••..........a.. '' , GARY.CLINTON : i • P•il RI CITY OF WYLIE, TEXAS , 5073. . ... . ) BIKOFF,HENDRICKS&CONWAY,L.L.P. ZLAN TECHNOLOGIES, L.T.D. PROFESSIONAL ENGINEERS Feb,2009 = . 4.• , .-16)1,- j, 1,tid' 11910 GREENVILLE AVE.,$600 ROW PLAT DALLAS,TEXAS 7 R. . .3243 214-361-7900 . PLOTTED BY: JYORK ON 2/10/2009 PLOT SCALE; 1:1 PLOT STYLE: 22X34.ctb Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: January 12, 2010 Item Number: 1 Department: Public Services (City Secretary's Use Only) Prepared By: Mindy Manson Account Code: Date Prepared: January 4, 2010 Budgeted Amount: Interlocal Agreement, Exhibits: Resolution Subject Consider, and act upon, Resolution No. 2010-04(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie, Texas and the City of Parker, Texas, regarding the disconnection of water service due to nonpayment of sewer charges. Recommendation Motion to approve Resolution No. 2010-04(R) authorizing the City Manager to execute an Interlocal Agreement between the City of Wylie, Texas and the City of Parker, Texas, regarding the disconnection of water service due to nonpayment of sewer charges. Discussion The City of Parker, Texas ("Parker") furnishes retail water service to an area in southeast Collin County, which includes portions of the City of Wylie, Texas ("Wylie"). Although Parker furnishes retail water service to this area, Wylie furnishes the sewer service. Texas law requires that in order for Wylie to disconnect or terminate water service for delinquent sewer service charges by its customers, Wylie must enter into a disconnect agreement with Parker that identifies the terms and conditions for requesting Parker to disconnect or terminate water service to a customer who is delinquent in their sewer service charges to Wylie. Based on the recommendations of a legal consultant who specializes in water law, Wylie has agreed to the terms and conditions set forth in the attached agreement. Approved By Initial Date Department Director MM 1-4-10 City Manager Page 1 of 1 RESOLUTION NO. 2010-04(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS AND THE CITY OF PARKER, TEXAS FOR THE DISCONNECTION OF THE CITY OF PARKER, TEXAS WATER SERVICE DUE TO NONPAYMENT OF CITY OF WYLIE, TEXAS SEWER CHARGES. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of Wylie, Texas, is hereby authorized to execute, on behalf of the City Council of the City of Wylie, Texas, an interlocal agreement between the City of Wylie, Texas and the City of Parker, Texas for the disconnection of the City of Parker, Texas water service due to nonpayment of City of Wylie, Texas sewer charges, which is attached hereto as Exhibit"A." SECTION 2: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie Texas, on this the 12th day of January, 2010. Eric Hogue, Mayor ATTEST TO: Carole Ehrlich, City Secretary Resolution No.2010-04(R) Interlocal Agreement with City of Parker Disconnection of Water Service for City of Wylie Sewer Nonpayment 565339.v1 INTERLOCAL AGREEMENT FOR DISCONNECTION OF PARKER WATER SERVICE DUE TO NONPAYMENT OF CITY SEWER CHARGES This Interlocal Agreement ("Agreement") is by and between the City of Wylie, Texas ("City"), a Texas home rule municipal corporation, and the City of Parker ("Parker"), a municipal corporation, for the purposes and consideration set forth herein. RECITALS WHEREAS, the City and Parker are both "retail public utilities" as defined in Section 13.002 of the Texas Water Code; WHEREAS, Parker furnishes retail water utility service to an area in southeast Collin County defined by Certificate of Convenience and Necessity ("CCN") No. 10207 issued to Parker by the Texas Commission on Environmental Quality ("TCEQ"), which includes certain portions of the City; WHEREAS, the City furnishes sewer utility service to residents of the City, and the City desires Parker's assistance to collect delinquent sewer service charges from customers who receive water service from Parker; and WHEREAS, this Agreement is made by and between the City and Parker pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code. NOW, THEREFORE, the City and Parker enter into this Agreement for the following purposes and consideration: 1. Administration of Utility Accounts. The City shall be solely responsible for administering City sewer utility customer accounts, and Parker will be solely responsible for administering Parker water utility customer accounts. 2. Disconnection of Water Service. Parker agrees to disconnect or terminate water service to a customer for failure to pay undisputed City sewer charges if requested by the City pursuant to the terms and conditions below. The terms "disconnected," "terminated," and "discontinued" may be used interchangeably in this Agreement as applied to water service and water service accounts. (a) Notice of Termination. The City must send a notice of termination to the customer that conforms with Title 30, Texas Administrative Code, Section 291.88(a), as it exists or may be amended, with a copy to Parker. (b) Request for Termination. If the customer to whom a notice of termination is sent fails to pay the delinquent sewer charges by the termination date, or fails to establish that disconnection is otherwise prohibited under Parker or state regulations, then City may deliver a written request for termination to INTERLOCAL AGREEMENT Page 1 548707.v 3 Parker to have water service to that customer disconnected. The request should state the customer's name, sewer utility account number, service address, and that the customer has failed to take required action to avoid water service disconnection. Parker has no duty to independently confirm the information in City's request for termination, and may rely on City's representations. The City shall comply with the requirements set forth in 30 Texas Administrative Code § 291.88, as amended. (c) Service Termination. Parker shall have no obligation to disconnect a customer's water service until it has received both a notice of termination and request for termination from the City. Parker will use its best efforts to terminate water service either by the next workday after the date Parker receives a request for termination or on the termination date stated in the notice to a customer, whichever is later. (d) Compensation to Parker. On the 10th day of each month, the City shall pay to Parker a disconnection fee of fifty dollars ($50.00) for each water service account disconnected by Parker at the request of the City during the previous month. (e) Restoration of Terminated Water Service. Parker will restore water service disconnected under this Agreement within thirty-six (36) hours of receiving notice from the City to restore a customer's service and payment of a fifty dollar ($50.00) reconnect fee by the customer. 3. Term of Contract. The initial term of this Agreement shall be for one year beginning on the date of final execution by all parties. This Agreement shall automatically renew for three (3) additional one (1) year terms unless terminated by either party under the express provisions of this Agreement. 4. Right to Terminate Agreement. Either party may terminate this Agreement at any time after giving the other party thirty (30) days written notice. However, Parker's right to payment of disconnection and reconnection fees for the performance of its obligations under this Agreement shall survive termination of this Agreement. 5. Purpose of Agreement. This Agreement is made for the purpose of facilitating the City's collection of delinquent charges for sewer utility service. No partnership or joint venture is intended to be created hereby. Parker's sole responsibility under this Agreement is that of the City's agent for purposes of disconnecting water service to a customer who has failed to pay undisputed City sewer service charges. 6. Effect on Water Service. This Agreement shall not be construed to impair or conflict with Parker's obligations to abide by and enforce its duly adopted rules and regulations for the provision of retail water utility service set forth in Parker's duly adopted water rates, as amended from time to time. This agreement has no effect on INTERLOCAL AGREEMENT Page 2 548707.v 3 Parker's legal rights to serve areas within its CCN for water in the land areas within Wylie or Wylie's ETJ. 7. Indemnity. TO THE EXTENT ALLOWED BY LAW, EACH PARTY AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OTHER (AND ITS OFFICERS, AGENTS AND EMPLOYEES) FROM AND AGAINST ALL CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES, IN ANY WAY ARISING OUT OF OR RELATED TO OR RESULTING FROM ITS PERFORMANCE UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR OMISSION (OR THOSE OF ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM IT IS LEGALLY RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT. IN THE EVENT OF JOINT OR CONCURRENT NEGLIGENCE OF THE PARTIES, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT, HOWEVER, WAIVING ANY GOVERNMENTAL IMMUNITY AVAILABLE TO EITHER PARTY INDIVIDUALLY UNDER TEXAS LAW. CITY SHALL BE RESPONSIBLE FOR ITS SOLE NEGLIGENCE. PARKER SHALL BE RESPONSIBLE FOR ITS SOLE NEGLIGENCE. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND ARE NOT INTENDED TO CREATE ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY. THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. 8. Agency. City and Parker agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this Agreement. 9. Notices. All notices and requests from one party to the other party under this Agreement shall be in writing and shall be delivered by personal delivery (with certificated receipt) or certified mail, return receipt requested, to the following address, or by facsimile to the following telephone number: (a) to the City: City of Wylie Attn: City Manager 2000 N. Hwy. 78 Wylie, Texas 75098 Fax: (972) 442-4302 (b) to Parker: City of Parker INTERLOCAL AGREEMENT Page 3 548707.v 3 Attn: City Administrator 5700 East Parker Road Parker, Texas 75002 Fax: (972) 442-2894 Notice given in accordance with this paragraph shall be effective upon receipt. Each party may change the address or facsimile number for notice by giving notice of the change to the other party in accordance with the provisions of this paragraph. 10. No Waiver of Immunity. The City and Parker agree that neither party waives sovereign immunity by entering into or performing its respective obligations under this Agreement 11. Miscellaneous Provisions. (a) This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. However, this Agreement is not assignable by either party without the prior written consent of the other party to this Agreement. (b) This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. (c) This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. (d) This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. (e) The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement, that each individual affixing his or her signature hereto is authorized to do so, and that such authorization is valid and effective on the date hereof. (f) This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. INTERLOCAL AGREEMENT Page 4 548707.v 3 (g) The parties agree to take such further actions and to sign such further documents as may be reasonably necessary or appropriate to fulfill the intent of, and to complete the transaction described in this Agreement. (h) Time is of the essence with respect to this Agreement and performance of all provisions hereof. (i) This Agreement shall be effective on the later of the two dates of execution below. AGREED TO this day of , 2010. CITY OF WYLIE, TEXAS By: Mindy Manson, City Manager ATTEST: Carole Ehrlich, City Secretary AGREED TO this day of , 2010. CITY OF PARKER By: Dena Daniels, City Administrator ATTEST: City Secretary INTERLOCAL AGREEMENT Page 5 548707.v 3