06-30-2005 (City Council) Agenda Packet AMENDED AGENDA
NOTICE OF MEETING
WYLIE CITY COUNCIL AGENDA
Special Called Meeting
Thursday, June 30, 2005
6:00 p.m.
Wylie Municipal Complex—Council Chambers/Council Conference Room
2000 State Highway 78 North
Wylie,Texas 75098
CALL TO ORDER
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 a contract awarding a bid in the amount of$44.00 per ton for Asphalt Overlay and
$1.70 per sq. ft. for Seal Coating of City streets to APAC-Texas, Inc., with an option to renew for two
successive one year periods. (M.Sferra,Public Services Director)
WORK SESSION
• Discussion of the City's thoroughfare plan and the alignment of Alanis Drive. (C.Hoisted, City
Engineer)
• Presentation by the City's storm water consultant,Freese&Nichols,Inc.,regarding conceptual
issues related to development of a storm water fee.(M. Sferra,Public Services Director)
ADJOURNMENT
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open
meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be
open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any
subsequent action,as a result of this Executive Session,will be taken and recorded in open session.
\`1*tt%IuIlIU����'
I certify that this Notice of Meeting was��d prthi 7ith Qyy of June,2005 at 5:00 p.m.as required by law in accordance with
Section 551.0 of the Te overnmClI aldr'ai f'tltai bye{ppropriate news media contacted. As a courtesy,this agenda is
also poste the City of y' Websiyw.ci.wy]ie:ix<t5s
SEAL
Car is ,Ci ec Date Notice Removed
•
The Wylie Municipal Complex is Wheelc'.ljair a °i s$ible. S is ddte Sretation or other special assistance for disabled attendees must be
requested 48 hours in advance by contactinge xtAfice at 972/442-8100 or TD 972/442-8170.
CITY OF WYLIE Item No. A
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: June 30, 2005 Originating Department: Public Works
Prepared By: Jim Holcomb
Account Code No.#: 100-5411-58210 Date Prepared: June 16, 2005
Budgeted Amount: $399,230.00 Exhibits: Contract, Bid
AGENDA SUBJECT:
Consider and act upon a contract awarding a bid in the amount of $44.00 per ton for Asphalt Overlay and
$1.70 per sq. ft. for Seal Coating of City streets to APAC-Texas, Inc., with an option to renew for two
successive one year periods.
RECOMMENDED ACTION:Staff recommends awarding the contract to APAC-Texas.
SUMMARY: Since 1991, the City has maintained an annual contract for resurfacing and seal coating of
asphalt streets. The contract provides a flat rate bid to furnish all materials, labor and equipment necessary to
perform the work, as ordered by the City. APAC-Texas has held the contract since 1993 and has been the only
bidder on the contract for the past eight years. Staff has advertised for competitive sealed bids on a new
contract commencing July 1 and continuing for a term of three years with an option to renew for two
successive one year periods. APAC has submitted a bid with a flat rate of$44.00 per ton of asphalt laid and a
rate of$1.70 per square yard of seal coating. According to the terms of the contract, the bid amount remains
firm for a period of one year. Any subsequent rate increase must be submitted by the contractor in writing
sixty days prior to the anniversary date of the contract. The fiscal 2005 operating budget includes $399,230.00
for asphalt street resurfacing. At the new contract rate, funding is adequate for approximately 9,000 tons of
asphalt overlay.No seal coating projects are scheduled for the current year.
APPROVED BY: Initial Date
Department Director: MS \ 6/16/05
City Manager: Ai \ 4/04,64-
CONTRACT
STATE OF TEXAS }
COUNTY OF COLLIN }
THIS AGREEMENT, made and entered into this 28th day of June, 2005, by and
between The City of Wylie, a municipal corporation of the County of Collin and the State
of Texas, Party of the First Part(hereinafter termed"City"), and APAC-Texas, Inc. of the
City of Dallas, County of Dallas and State of Texas, Party of the Second Part (hereinafter
termed "Contractor").
WITNES SETH: That for and in consideration of the payments and agreements
hereinafter set forth, the City and Contractor agree as follows:
THE CONTRACTOR shall perform all of the work as specified in the contract
documents, generally described as:
ASPHALT OVERLAY AND SEAL COATING
ON CITY STREETS
and all extra work in connection therewith under the terms of the contract documents and,
at Contractor's own proper cost and expense, shall furnish all materials, supplies,
machinery equipment, tools, superintendence, labor, insurance and other accessories and
services necessary to complete said work in accordance with the conditions and prices
stated in the bid attached hereto.
THE CITY shall pay the Contractor for the performance of the work, subject to
additions or deductions by change order or as otherwise provided in the contract
documents, in current funds, the sum of Forty-Four Dollars ($44.00) per ton of asphalt
laid and One Dollar and Seventy Cents ($1.70) per square yard of seal coating performed.
THE CONTRACT DOCUMENTS shall consist of this written agreement, the bid
specifications, Contractor's Bid Submittal and the construction plans, all of which
constitute the entire agreement between the City and the Contractor, and are as fully a
part of this contract as if attached to or repeated in this agreement.
IN WITNESS WHEREOF, the parties have executed this agreement in the year
and day first above written.
CITY OF WYLIE CONTRACTOR
By: By:
John Mondy, Mayor
Attest:
Carole Ehrlich, City Secretary
CITY OF WYLIE
INVITATION TO BID
RETURN TO:
PURCHASING AGENT, CITY OF WYLIE
2000 NORTH HIGHWAY 78
WYLIE, TEXAS 75098
Sealed bids shall be received no later than:
2:00 PM,Wednesday,June 15,2005
Mark Envelope:
Asphalt Overlay & Seal Coating
INSTRUCTIONS/TERMS OF CONTRACT
Sealed bids shall be received for:
ASPHALT OVERLAY & SEAL COATING
To provide for a contract commencing on July 1, 2005 and continuing for a period of three years,
with an option to renew for two successive one year periods upon mutual agreement of both
parties.
Each bid shall be placed in a separate sealed envelope, manually signed in ink by a person having
the authority to bind the firm in a contract and marked clearly on the outside as outlined.
It is understood that the City reserves the right to accept or reject any/or all bids for any or all
products and/or services covered in this bid request and to waive informalities or defects in bids,
or to accept such bids as it shall deem to be in the City's best interest.
Altering Bids: Bids cannot be altered or amended after submission deadline. Any alteration or
erasure made before the bid opening must be initialed by the signer of the bid, guaranteeing
authenticity.
Withdrawal of bids: A bid may not be withdrawn or cancelled by the bidder for a period of ninety
(90) days following the date designated for the receipt of bids, and bidder so agrees upon
submittal of bid.
Sales Tax: The City is, by statute, exempt from state sales tax and federal excise tax; therefore,
the bid price shall not include taxes.
Bid Award: The City reserves the right to award bid as unit price or lump sum as it deems to be
in the best interest of the City.
Contract: This bid, when properly accepted by the City, shall constitute a contract equally
binding between the successful bidder and the City of Wylie. No different or additional terms
will become part of this contract, with the exception of a Change Order.
CHANGE ORDERS: No oral statement of any person shall modify or otherwise change, or affect
the term, conditions or specifications stated in the resulting contract. All change orders to the
contract will be made in writing by the Purchasing Agent.
DELIVERY CHARGES: All delivery and freight charges (FOB storage sites) shall be included
in the bid price.
CONFLICT OF INTEREST: No public official shall have interest in this contract, in accordance
with Vernon's Texas Codes Annotated, Local Government Code Title 5, Subtitle C, Chapter 171.
EXCEPTION/SUBSTITUTIONS: All bids meeting the intent of this invitation to bid will be
considered for award. Bidders taking exception to the specifications, or offering substitutions,
shall state these exceptions in the section provided or by attachment as part of the bid. The
absence of such a list shall indicate that the bidder has not taken exceptions and shall hold the
bidder responsible to perform in strict accordance with the specifications of the invitation. The
City reserves the right to accept or reject any and/or all exception(s) or substitution(s).
DESCRIPTIONS: Any reference to model and/or make/manufacturer used in bid specifications is
descriptive, not restrictive. It is used to indicate the type and quality desired.
ADDENDA: Any interpretations, corrections or changes to this Invitation To Bid and
Specifications will be made by addenda. Sole issuing authority of addenda shall be vested in the
Purchasing Agent. Addenda will be mailed to all who are known to have received a copy of this
Invitation To Bid. Bidders shall acknowledge receipt of all addenda.
DESIGN, STRENGTH, QUALITY of materials and workmanship must conform to the highest
standards of manufacturing and engineering practice.
MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective
bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the
following requirements:
1. have adequate financial resources, or the ability to obtain such resources as
required;
2. be able to comply with the required or proposed delivery schedule;
3. have a satisfactory record of performance;
4. have a satisfactory record of integrity and ethics;
5. be otherwise qualified and eligible to receive an award.
The City may request representation and other information sufficient to determine bidder's ability
to meet these minimum standards listed above.
REFERENCES: The City requests bidder to supply, with this bid, a list of at least three (3)
references where like products or services have been supplied by their firm. Include name of
firm, address, telephone number and name of representative.
BIDDER SHALL PROVIDE with the bid response, all documentation required. Failure to
provide this information may result in rejection of bid.
SUCCESSFUL BIDDER SHALL defend, indemnify and save harmless the City of Wylie and all
its officers, agents and employees from all suits, actions, or other claims of any character, name
and description brought for or an account of any injuries or damages received or sustained by any
person, persons, or property on account of any negligent act or fault of the successful bidder, or
of any agent, employee, performance under, any contract which may result form bid award.
Successful bidder shall pay any judgment with cost which may be obtained against the City
growing out of such injury or damages.
INSURANCE: The successful bidder shall provide proof of insurance coverage, as follows, with
the City named as coinsured.
1. Worker's Compensation, as required by Texas Law.
2. Automobile Liability Insurance with minimum limits (each occurrence) of
$300,000 for bodily injury and $100,000 for property damage.
3. Comprehensive General Liability Insurance with minimum limits (each
occurrence) of 300,000 for injury or death and $100,000 for property damage.
TERMINATION OF CONTRACT: This contract shall remain in effect until contract expires,
delivery/completion and acceptance of products and/or service ordered or terminated by either
party with a thirty (30) days written notice prior to any cancellation. The successful bidder must
state therein the reasons for such cancellation. The City of Wylie reserves the right to award
canceled contract to next lowest and best bidder as it deems to be in the best interest of the City.
TERMINATION FOR DEFAULT: The City reserves the right to enforce the performance of this
contract in any manner prescribed by law or deemed to be in the best interest of the City in the
event of breach or default of this contract. The City reserves the right to terminate the contract
immediately in the event the successful bidder fails to:
1) meet delivery or completion schedules, or 2) otherwise perform in accordance with these
specifications. Breach of contract or default authorizes the City to award to another bidder,
purchase elsewhere and charge the full increase in
cost and handling to the defaulting successful bidder.
TESTING: Testing may be performed at the request of the City, by an agent so designated,
without expense to the City. Test samples may be analyzed at any time during the contract period
to assure products furnished are in full compliance with specifications.
PATENTS COPYRIGHTS: The successful bidder agrees to protect the City from claims
involving infringements of patents and/or copyrights.
PAYMENT will be made upon completion and acceptance by the City of all work ordered and
receipt of a valid invoice, in accordance with the State of Texas Prompt Payment Act, Article
601fV.T.C.S.
WARRANTY: Successful bidder shall warrant that all work shall conform to the proposed
specifications and/or all warranties as stated in the Uniform Commercial Code and be free from
all defects in material, workmanship and title.
REMEDIES: The successful bidder and the City agree that both parties have all rights, duties,
and remedies available as stated in the Uniform Commercial Code.
SURETY BOND: Successful bidder shall furnish and file with the City performance and
payment bonds in amounts equal to the total amount of the contract, as evidence by the bid
tabulation. The performance bond shall provide for the full and faithful execution of the work and
for repair and/or replacement of all defects in materials and workmanship for a period of one year
from the date of completion and acceptance.
VENUE: This agreement will be governed and construed according to the laws of the State of
Texas. This agreement is performable in Collin County, Texas.
ASSIGNMENT: The successful bidder shall not sell, assign, transfer or convey this contract, in
whole or in part, without the prior written consent of the City.
SILENCE OF SPECIFICATION: The apparent silence of these specifications as to any detail or
the apparent omission from it of a detailed description concerning any point, shall be regarded as
meaning that only the best commercial practices are to prevail. All interpretations of these
specifications shall be made on the basis of this statement.
ANY QUESTIONS concerning this Invitation To Bid and Specifications should be directed to
the Purchasing Agent, 972-442-8142.
SPECIFICATIONS AND BID SUBMITTAL
The following specifications are intended to describe the minimum requirements for
asphalt overlay and seal coating on city streets. The bid shall be based on a fixed rate
per ton of asphalt laid or square yard of seal coat surface treatment, as required.
The City estimates the average annual asphalt requirements for street reconstruction to
be approximately 5,000 tons. No seal coating is anticipated for the current fiscal year.
These estimates do not constitute an order, but only imply the City's probable
requirements for the contract period. Work performed under the contract will be ordered
and scheduled on an as needed basis.
The City shall furnish all equipment, labor and materials (with the exception of prime oil)
necessary for the preparation of the sub-grade prior to asphalt resurfacing by the
contractor. The contractor shall furnish hot mix asphalt in quantities sufficient for the
completion of the project and shall have all asphalt delivered to the contractor's lay-
down machine.
The contractor shall furnish all labor and equipment necessary for the lay-down of hot
mix asphalt in accordance with the City's specifications and scheduling for each street
resurfacing project. Contractor's equipment shall include, but not be limited to, a
standard ten-foot self-propelled asphalt paving machine and self-propelled steel drum
and/or pneumatic roller. Contractor shall also furnish and apply to sub-grade a sufficient
quantity of MC-30 tack oil to provide a prime coat at the minimum ratio of 2/10 per
square yard.
The contractor shall also furnish all labor, equipment and materials necessary for seal
coating on city streets in accordance with the City's specifications and scheduling. Seal
coating performed under this contract shall consist of a double penetration course of
aggregate (3/8 to 5/8 chip rock) with AC 5 (or equivalent) penetrating oil. Contractor's
equipment shall include a self-propelled broom, chip spreader and double drum roller.
Unless otherwise stated herein, all materials, equipment and construction methods
covered under this contract shall conform to the Standard Specifications for Public
Works Construction as published by the North Central Texas Council of Governments.
Bid prices shall remain firm for a period of one year. Contractor shall provide written
notification to the City of any proposed price increase sixty days prior to the contract
renewal date.
Bid Amount
Per Ton of Asphalt Overlay: Per Sq. Yard of Seal Coat:
i 44,L2V
IVA 1 PL714
r -�vag es i D►.tr gta-L K.i SgAviVi to
K"f iu -Pak PP&
Move-In Costlit I0"0 Days to Move In: 7
Er P* 1 Said 's 14oT ' 1SE7 u 'O 35/ra041,
Bidier Name and Address:
` . Tfx-4--5,-LAC.
,Tx 7 4046
Phone: Zl4,74I .3s3 Fax: ZJ4.74L39
Autho e Si ure d Title:
- gLgers,
ACI g1Ah%4.
CITY OF WYLIE Item No. WS
City Secretary's Use Only
COUNCIL AGENDA ITEM
Council Meeting Of: June 30, 2005 Originating Department: Engineering
Prepared By: Chris Hoisted
Account Code No.#: Date Prepared: June 20, 2005
Budgeted Amount: Exhibits: 1
AGENDA SUBJECT: Discussion of the City's thoroughfare plan and the alignment of Alanis Drive.
RECOMMENDED ACTION:
N/A
SUMMARY:
The current Thoroughfare Plan shows a major collector through both the Hood and Collins tracts, however, the
proposed options combine the two east-west thoroughfares into one major roadway. The prosed options include
construction, engineering and right of way cost.
APPROVED BY: Initial Date
Department Director: CH \ 6/20/05
City Manager:
MEMORANDUM
TO: COUNCIL
FROM: CHRIS HOISTED
SUBJECT: ALANIS DRIVE ALIGNMENT
DATE: 6/20/2005
CC: MARK ROATH
Attached is projected cost of the three alignment options for Alanis as presented on
the 14`h. The options include construction, engineering and right of way cost. The current
Thoroughfare Plan shows a major collector through both the Hood and Collins tracts,
however, the proposed options combine the two east-west thoroughfares into one major
roadway.
OPTION 1 - $5,830,059
Pro Con
1. Most direct route. 1. Cost shared by fewest properties.
2. Lowest Construction Cost.
3. Impacts fewest properties.
OPTION 2 -$6,459,028
Pro Con
1. Share cost between properties 1. Higher construction cost than Option 1.
2. Adversely impacts two properties
OPTION 3 -$7,450,939
Pro Con
1. Share cost between properties 1. Highest construction cost of all options.
2. Adversely impacts multiple properties and
structures.
CHRIS HOLSTED, City Engineer
City of Wylie
Length Right-of-Way Construction Cost 8.00% 10.00% TOTAL
Hood Rice East of Area Hood Rice Engineering Construction PROJECT
Option# Property Property 544 Total {Ac.) $IAc. Misc. Total Property Property East of 544 Total Cost Contingency COST
1 2,375 0 3,650 6,025 16.6 $30,000 0 $497,934 $1,781,250 $0 $2,737,500 $4,518,750 $361,500 $451,875 $5,830,059
2 2,025 1,000 3,650 6,675 18.4 $30,000 0 $551,653 $1,518,750 $750,000 $2,737,500 $5,006,250 $400,500 $500,625 $6,459,028
3 1,925 1,425 3,575 6,925 19.1 $30,000 750,000 $1,322,314 $1,443,750 $1,068,750 $2,681,250 $5,193,750 $415,500 $519,375 $7,450,939
alignment cost 6/20/20054:06 PM
CITY OF WYLIE Item No. WS
City Secretary's Use Only
COUNCIL AGENDA ITEM
June 30, 2005
Council Meeting Of: Originating Department: Public Services
Prepared By: Michael Sferra
Account Code No.#: Date Prepared: June 17, 2005
Budgeted Amount: Exhibits: 1
AGENDA SUBJECT: Presentation by the City's storm water consultant, Freese & Nichols, Inc., regarding
conceptual issues related to development of a storm water fee.
RECOMMENDED ACTION:
N/A
SUMMARY:
On January 14, 2005, City Council approved a contract for professional services with Freese and
Nichols, Inc. for the development of a Storm Water fee for the City. The scope of services included a work
session with the City Council to convey the status of the project and to seek Council's direction on aspects of
fee development and implementation.
Briefly,the collection of Storm Water fees is a common practice in many area communities such as
Allen, Colleyville, Flower Mound, Grapevine, Plano,North Richland Hills, Mesquite, and others. The
collected fees can be used for the development of a Storm Water Master Plan, drainage system capital
improvements,personnel, and equipment that would otherwise be funded from a City's General Fund. The
fees can even be used to reimburse the original funding sources of the study. Additionally, these fees can be
used to help the City comply with the Texas Commission on Environmental Quality's pending Phase II
Municipal Separate Storm Sewer System mandates expected to be implemented later this year.
APPROVED BY: Initial Date
Department Director: MS \ 6/17/05
City Manager: \
Storm Water Utility
City Council Work Session
City Hall
June 23 , 2005 6pm
City Of Wy1ie '
Agenda
• Provide overview of storm water utility
• Discuss utility benefits
• Identify options use of funds
• Discuss fee development approach
• Address Council questions , comments
• Obtain Council direction
What is a storm water utility?
• Funding option : Common approach for cities
to pay for drainage activities
• Service-based fee : Revenues can only be
used for drainage-related activities .
• Stable , reliable source : Predictable fees
based on users' impact to system
• Authorized by State law (LGC 402) : Allows
municipalities to establish drainage user fee
Some types of utilities
• Water utility
• Sewer utility
• Storm water utility
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\/\/ater u i i . ,
• Provides drinking PP
water ,: f . ,
1e
• Provides water for fire protection
• Rates based o n :
— the cost of providing service
— amount of water used
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y
f '�'' fife tei 4li�dj .°t . ■ ■
ewer utility
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• Collection and treatment of �� �� /,' i4+ ���
. wastewater I�.
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• Rates based on : �
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- the cost of service ,i, ,,,
providing
— amount of system use
Ciiy of Wylie
Storm water utility9�
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gat z �f� fit: "� A '4r w �� �, iv^
• Management of storm water r �
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runoff
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a. <
• Flood protection
&
• Stream protection
• Water quality• Rates based on :
— the cost of providing service
— amount of system use
Water
quality
protection
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Identified funding options
• Regulatory compliance (Phase II MS4)
• Environmental coordinator
• Coordinator vehicle and equipment
• 3-person drainage crew
• Heavy equipment — Gradall
Identified funding options ( cont . )
• Waste collection events
- Creek cleanups
- Household hazardous waste collection
• GIS technology
• Drainage capital projects
• Study costs
- Storm water utility study reimbursement
- Storm water master plan
Drainage capital projects
• Wylie Ranch East (Callie Court and Donna Drive)
• Rush Creek
• 1000 Foxwood Lane
• Stone Road
• Hooper Road and Hensley Lane Crossings
• Pheasant Creek
• Akin Lane Crossing
• McMillan Road Crossing
• Downtown Area/Brown Road and Ballard Avenue
Projected capital cost ($3. 5 - $6. 5 million)
Why consider a utility fee now?
• New federal water quality rules from EPA
— Requires storm water management on a city-
wide basis to protect water quality
— No funding from federal or state government
• Continuing flood protection needs
• Increasing storm system operations and
maintenance needs
Storm water quality- regulated cities
Regulated cities in the Metroplex
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Garland
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Fort Worth
Arlington
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Storm water utilities i the
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Area storm water utility fees
MNIMMINNNMMMK
City Household ($/month) City Household ($/month)
Denton 0.50 - 15.50 Plano 1 .50 - 3.25
Corinth 3.00 - 5.00 Irving 1 .50 - 3.25
Lancaster 5.00 McKinney 1 .00
Grapevine 4.00 The Colony 2.50
Garland 1 .20 - 3.60 Allen 2.75
Dallas 1 .76 - 13.88 Watauga 6.00
• Methods vary for commercial rate determinations. The amount of
impervious area is the most common basis for rates.
tVICI1Ya�
Setting the utility fee
• Based on use of the municipal storm system
(impervious area)
• Applies to developed properties only
• Single rate for residential properties
• Graduated fee for non-residential properties
• Line item on monthly utility bill
Impervious area
Structural element that prevents rain ,
44
surface runoff, or snowmelt from entering
directly into the ground .
• Buildings or
,
lor
• Houses ,,,.... `
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• Patios h 1
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• Driveways
b,
• Parking lots
Cr Wylie
Commercial example
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to
Building: 9,000 ft2 44 4 A. '4,
Parking lot: 18,000 ft` Grassy area does not
Total: 27,000 ft2
count toward total
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Required exemptions
• Undeveloped property
• Propertywith no impact to City's storm
system
• State property
• Subdiv ided lot under
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City of Wyk
e
Storm water utility purpose and
benefits
• Stable funding for drainage activities
• Considered to be fair, equitable
• Flood protection
• Compliance with new federal water quality
protection requirements
• Preservation of natural settings
Community benefits
• Minimize flooding in streets and yards
• Protect creek erosion and flooding
• Protect creek and lake water quality
• Maintain and increase property values
Next steps
• Obtain Council guidance
— Future direction of utility development
— Fee structure and service levels
— Exemption considerations
— Thoughts, concerns , opportunities
• Provide Council fee options
— recommended fee, fee structure
Questions , Comments and
Suggestions
tr .44,4trPt
•
Storm Water Utility
Council Work Session
June 23 , 2005
City of Wylie.