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11-14-2006 (City Council) Agenda Packet Wylie City Council CITY OF WYLIE NOTICE OF MEETING Regular Meeting Agenda Tuesday, November 14, 2006 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North John Mondy Mayor Carter Porter Mayor Pro Tern Earl Newsom Place 1 M. G. "Red" Byboth Place 2 Eric Hogue Place 3 Merrill Young Place 4 Rick White Place 5 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: vr•ww.�iTlieteras.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: wivrv.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.442.8100 or TD 972.442.8170. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATION • Presentation of the "Star Tree" for the Reach for a Star Program. (Mayor Mondy) • Recognition of 2"d Six Weeks Star Students — Character Trait of"Respect". (Mayor Mondy) 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 November 14,2006 Wylie City Council Regular Meeting Agenda Page 2 of 5 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. Approval of the Minutes from the October 24, 2006 Regular Council Meeting and the November 2, 2006 Special Called Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, Resolution No. 2006-27(R), authorizing the Mayor to enter into an Interlocal Agreement with Collin County for the Founders Park Land Acquisition Project. (M. Sferra, Public Services Director) C. Consider, and act upon, a request to allow the partial construction of the required screen wall for Wylie Retail Office Park, generally located on the southwest corner of S.H. 78 and Kreymer Lane. (R. 011ie, Planning Director) D. Consider, and act upon, approval of a Preliminary Plat for Victoria Place Addition. Subject project being generally located at the northeast corner of S.H. 78 and Spring Creek Parkway. (R. 011ie, Planning Director) REGULAR AGENDA Public Hearings 1. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-65 amending the zoning from Agriculture (A) to Single Family — 1A/30 (SF-1A/30) for proposed single family residential uses, generally located south of Alanis drive and west of Ballard Avenue. Zoning Case 2006-14 (R. 011ie, Planning and Zoning Director). Executive Summary The subject property is located south of Alanis Drive and west of Ballard Avenue. The applicant is requesting to rezone 1.746 acres to allow for single family residential uses.The subject property has been within the corporate city limits of Wylie since 1988 and was final platted in April 2006. The plat created two single-family residential lots each being 38,028 square feet (0.873 acres) in size. At the time of platting, no plans for development were submitted. The applicant now desires to construct a residential dwelling on one lot. Because the property was in a holding zone of Agricultural, it must now convert to permanent zoning prior to construction and prior to the issuance of building permits. The Comprehensive Plan recommends low density residential for the subject property. The Planning and Zoning Commission approved the request 5-0. Notification/Responses: Six (6) notifications were mailed, with one written responses favoring the request returned at the time of posting. 2. Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-66 amending the zoning from Agricultural (A) to Planned Development (PD) District, two tracts generally located north of Alanis and west of S. Ballard Avenue and one tract generally located south of Alanis and west of South Ballard Avenue. Zoning Case 2006-13. (R. 011ie, Planning and Zoning Director) Executive Summary November 14, 2006 Wylie City Council Regular Meeting Agenda Page 3 of 5 The subject property consist of three tracts, two being north of Alanis and west of S. Ballard Avenue and one tract located south of Alanis and west of South Ballard Avenue.The applicant is requesting a change in zoning from Agriculture (AG) District to Planned Development (PD) District to allow for varied density residential development. The Parks and Recreation Board voted 6-0 to deny the Parkland dedication request for the subject property. The Board asked the developer to resubmit a proposal that outlined all expenses for the road and any other improvements that could be done that would total the amount of fees required as part of the dedication. The Planning Commission voted 5-1 to recommend denial with prejudice to the City Council. Section 8.6.E.3 allows the Commission and/or Council to deny any request with prejudice. If a request is denied with prejudice, the same or substantially similar request may not be resubmitted to the City for one year from the original date of denial. A THREE-FOURTHS MAJORITY VOTE BY COUNCIL IS REQUIRED TO APPROVE THE REQUEST(6 OF 7). General Business Tabled Item from October 10, 2006 3. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. (C. Hoisted, City Engineer) Executive Summary On September 14, 2006, a public meeting was held to discuss alignment alternatives for FM 2514 at the intersection with FM 1378. The Collin county engineering consultant—Birkhoff, Hendricks, and Conway —presented five alignment alternatives as shown on the attached display. The City of Wylie Thoroughfare Plan currently reflects alignment option 2. After the alignment is finalized, right of way documents will be prepared for the project. No construction funds are currently available to construct the realignment. Tabled Item from October 10, 2006 4. (MOTION TO REMOVE FROM TABLE): Consider, and act upon, awarding the City's Bank Depository Contract for FY 2006-2010. (L. Williamson, Finance Director) Executive Summary The finance department solicited bids for the City's depository services through an RFP process. The solicitation included basis banking services, merchant banking services, lockbox services, and on-line banking services. The contract is for four years. Four banks responded: American National Bank, Inwood National Bank, Capital One Bank,and JP Morgan/Chase Bank. 5. Consider, and act upon, Ordinance No. 2006-64 amending Ordinance No. 2006-56 (2006-2007 Budget) and approving an appropriation of funds, in the amount of $132,462.72, for the purchase of radio interoperability equipment. (N. Flores, Interim Fire Chief) Executive Summary The City of Wylie has been approved and will receive revenue from the 2005 UASI grant for radio interoperability upgrades in the amount of$132,462.72. This amendment would authorize the purchase of equipment to enhance radio interoperability communications upgrades to bring Wylie's current public safety,voice communications equipment into compliance with State of Texas and regional interoperability. This same expenditure cost was submitted in the budget amendment ordinance No. 2006-29 (2005-2006 budget). The City of Wylie was unable to purchase equipment due to the delay of approval from Department of Emergency Management DEM. DEM and North Central Texas Council of Government NCTCOG have approved the radio interoperable project. November 14,2006 Wylie City Council Regular Meeting Agenda Page 4 of 5 6. Consider, and act upon, approval of a Professional Services Agreement, in the amount of $217,500.00, with Kimley-Horn for the design of the Hooper Road/Maxwell Creek Bridge. (C. Holsted, City Engineer) Executive Summary On September 26, 2006 Council approved an inter-local agreement with Collin County for the design and construction of the bridge on Hooper Road over Maxwell Creek. Collin County approved the agreement on their October 24, 2006 meeting. The 2003 Collin County Bond Program included $1,138,500 for the project, which will ultimately provide another north/south connection between FM 544 and SH 78. Collin County is funding $569,250 of the project cost and the Cities of Wylie and Sachse are committed to fund $284,625 each. This project was included in the Thoroughfare Capital Improvements Plan and impact fee funds may be used for this project. The construction of the bridge will be incorporated into the development of the Woodbridge property. 7. Consider, and act upon, Ordinance No. 2006-67 setting the prima facie speed limits for FM 544. (C. Holsted, City Engineer) Executive Summary The Texas Department of Transportation(TxDOT)recently completed a speed zone study for FM 544 in the City of Wylie. The study recommends the posted speed be as follows: Current Proposed McCreary Road to Sanden 45 50 Sanden to SH 78 45 45 The approved Ordinance will be forwarded to TxDOT and will authorize them to install the appropriate speed limit signs. 8. Consider, and act upon, Ordinance No. 2006-68 setting the prima facie speed limits for FM 2514. (C. Holsted, City Engineer) Executive Summary The Texas Department of Transportation(TxDOT) recently completed a speed zone study for FM 2514 in the City of Wylie. The approved Ordinance will be forwarded to TxDOT and will authorize them to install the appropriate speed limit signs. 9. Consider, and act upon, Ordinance No. 2006-69 setting the prima facie speed limits for FM 3412. (C. Holsted, City Engineer) Executive Summary The Texas Department of Transportation(TxDOT)recently completed a speed zone study for FM 3412 in the City of Wylie. The study recommends the posted speed be as follows: Current Proposed FM 1378 to 1,450'west of Westgate Way 55 50 1,450' west of Westgate to Westgate 45 45 Westgate to east of Jackson 30 35 East of Jackson to SH 78 30 30 The approved Ordinance will be forwarded to TxDOT and will authorize them to install the appropriate speed limit signs. 10. Consider, and act upon, Ordinance No. 2006-70 amending Ordinance No. 98-16 (Fee Schedule) and amending Ordinance No. 2002-10 (Park Use Fees Ordinance), Section 42.01 (Athletic Field Reservation Fee); Section 42.03 (Athletic Field Light Fee); deleting Section 42.04 (Athletic Field Marking/Chalk Fee) and amending Section 42.06 (Receipt of payment and late payment regarding all usage fees). (R. Diaz, Assistant Superintendent, Parks and Recreation) November 14, 2006 Wylie City Council Regular Meeting Agenda Page 5 of 5 Executive Summary At the joint meeting between the City Council and the Parks and Recreation Board held in January 2006, direction was given from the City Council to the Board to review the athletic light fee and athletic user fees. The following suggestions were given at the joint meeting for the Board to explore: Athletic Light fees: ➢ Propose a Light fee that recovers 50%of the actual cost for light usage. Athletic User fees: ➢ Propose a Resident user fee and a Non-resident user fee. ➢ Propose an adult user fee and child user fee. ➢ Propose a user fee based on the time of use i.e.,use before and after 10:00 p.m. 11. Consider, and act upon, acceptance of the resignation of Joel Hemphill and the appointment of a new member to the Planning and Zoning Commission for the unexpired term of November 2006 to July 2007. (R. 011ie, Planning and Zoning Director) Executive Summary Joel Hemphill was appointed to the Planning and Zoning Commission in 2005. Mr. Hemphill, who has served very faithfully on the Commission, has recently submitted his resignation from his appointment to the Planning and Zoning Commission effective immediately. (See attached letter) The City Secretary's Office has contacted all applicants from May 2006 that desired to serve on the Planning and Zoning Commission. Attached are the applicants that would currently agree to serve if appointed for the unexpired term. READING OF ORDINANCES 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 10`h day of November, 2006 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 CITY OF WYLIE Minutes Wylie City Council Tuesday, October 24, 2006 — 6:00 pm Wylie Municipal Complex — Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Pro Tern Carter Porter called the meeting to order at 6:00 p.m. Council Members present were: Councilman Merrill Young, Councilman Rick White and Councilman Eric Hogue, and Councilman Red Byboth. Mayor Mondy arrived at 6:10 p.m. Councilman Earl Newsom was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter, City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Councilman Hogue gave the Invocation and Councilman Young led the Pledge of Allegiance. PRESENTATION • Presentation of Funds from the Collin County Open Space Project Funding Assistance Program, in the amount of $163,238.00, for the Founder's Park Land Acquisition Project. (Commissioner Hoagland) County Commissioner Jerry Hoagland presented a check to the City of Wylie for the Collin County Open Space Project Funding Assistance Program in the amount of $163,239.00. The check was presented to Council, staff and members of the Wylie Parks Board. He reported that several cities had applied for this funding and congratulated the City of Wylie for receiving a grant for their Founder's Park Land Acquisition Project. 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. Minutes—October 24, 2006 Wylie City Council Page 1 Ann Hiney (Parks Board Member) residing at 301 N. Cottonbelt Avenue, Wylie, Texas addressed Council stating that she was present, to address Council regarding the "Wells" Property. She explained that in 2001, the City hired Carter Bugess to prepare a Parks and Open Space Master Plan for our City. It was presented to the City in 2002. The report projected that with estimated growth exceeding 38,500 by the year 2011, we would need to acquire an additional 200 acres of land, dedicated to parkland for our community. The Wylie Parks Board and staff then attempted to identify potential parkland and a means to purchase that land. In cooperation with the Trust for Public land, both of the missions were met. The trust was hired to assist in the purchase of a 253 acre parcel of land called the Wells Property. (Intersection of 544 and Brown Street) She explained that the Public Trust For Public Land has a very specific purpose; that is, they are a not for profit agency commissioned to conserve land for people to enjoy public parks, community gardens, historical sites, rural lands and other natural places. The trust works with communities to achieve this goal. Since 1993 the trust has worked with agencies to protect more than 23,000 acres of land. The purchase of the Wells Property would not have been possible without the assistance of the Public Trust Agency. She stated that the City had a wonderful opportunity to conserve the majority of this land and create a legacy for our future. She explained that she was aware that the property was needed to build the new Library, City Hall and Recreation Center and this area was the best option, however, she was asking Council to remember the land was purchased for parkland open space usage and if it is used for public buildings, more land will need to be purchased for parkland in the future. She emphasized the need to use this land conservatively and wisely. Frankie Delgado (Parks Board Member) residing at 1011 Meandering Drive, Wylie Texas addressed Council stating that he had a deep concern for the Wells Property. He commented that in the past year, the land use had changed from Parks and Open Space to other uses such as public buildings. He explained that he understood the need to find a home for the new municipal buildings and hoped that Council would not build these buildings at the expense of using the Wells property and not preserving the open space this property was purchased for. He also stated that he requested that the area be master planned with the Parks funds already dedicated for that region of Wylie. Council direction to staff was to implement the Master Plan for the area and consult with the Parks Board in that process. City Manage Manson stated that the plan would cost in the neighborhood of $60,000. Mayor Mondy stated that it had been no surprise in the past year or two that the land could be used for the proposed buildings. Councilman Young asked if this master plan would be for the entire City or just the Wells property. Mayor Mondy stated that the plan should be revised to include the entire City. City Manager Manson stated that staff could come back to Council with this item in December of 2006. 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. Approval of the Minutes from the October 10, 2006 Regular Council Meeting and the October 12, 2006 Special Called Council Meeting. (C. Ehrlich, City Secretary) B. Consider, and act upon, Ordinance No. 2006-62 amending Chapter 2, Article III, Section 2-41 of the Wylie Code of Ordinances to remove the designation of the City Secretary as the City Treasurer from the Wylie Code of Ordinances. (C. Ehrlich, City Secretary) Minutes—October 24, 2006 Wylie City Council Page 2 C. Consider, and act upon, Ordinance No. 2006-63 setting the time and place for all regular City Council Meetings in 2007. (C. Ehrlich, City Secretary D. Consider, and act upon, approval of Change Order #2 for the Creekside 2 Million Gallon Elevated Storage Tank to Landmark Structures, reducing the contract amount by $28,000.00. (C. Holsted, City Engineer) E. Consider, and act upon, approval of the bids and authorize the purchase of pumps, motors, special valves, and major electrical equipment for the Nortex Pump Station totaling $178,767.00. (C. Holsted, City Engineer) * Approval of these bids in the amount of $178,767.00 included: $50,790.00 for Pumps Unlimited, Inc. for three 1800-rpm vertical turbine pumps and motors, $34,900.00 to Pumps unlimited Inc. for five 24 inch pump cans, $19, 602 to Henry Pratt company for two 24 inch butterfly valves and five 18 inch butterfly valves, $26,219.00 to Municipal Valve & Equipment Company for an 8 inch surge relief valve and three 12 inch pump control valves, and $47,256.00 to TPC Electric Company for the motor control centers. F. Consider, and act upon, award of bid to Jim Chapman Construction, in the amount of$28,584.00, for the remodeling of the CID and Patrol offices in the Police Department. (J. Butters, Assistant City Manager) G. Consider, and place on file, the monthly Revenue and Expense Report for the Wylie Economic Development Corporation as of August 30, 2006. (S. Satterwhite, WEDC Director) H. Consider, and act upon, approval of a Final Plat for WISD Rita Smith Elementary School on 16.61 gross acres, generally located south of Parker Road (FM 2514) and west of Country Club Drive(FM 1378). (R. 011ie, Planning Director) Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tern Porter to approve the Consent Agenda as presented. A vote was taken and passed 6-0 with Councilman Newsom absent. REGULAR AGENDA General Business 1. Consider, and act upon, award of a contract to Tri-Con Services, Inc., in the amount of $3,225,042.60, for the reconstruction of Stone Rd. from Ballard Avenue to Akin Lane. (C. Holsted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that engineering for the Stone Road paving project was completed by Chiang, Patel & Yerby, Inc. as part of the 1999 Bond Program. $3,250,000 was identified Minutes—October 24, 2006 Wylie City Council Page 3 for the construction of the project in the first bond issue of the 2005 Bond Program. The project includes approximately 22,069 square yards of 8-inch concrete pavement, 2,195 square yards of concrete sidewalk, 1,730 linear feet of sanitary sewer replacement, and 3,534 linear feet of water line replacement. The bid includes expansion of four lanes of concrete, sidewalks on both sides and some utility relocation. Council Discussion Mayor Mondy asked if this would allow opportunity for a bike trail. City Engineer Hoisted replied that the right of way area was tight but the sidewalk on one side could be extended to 8 feet instead of the proposed 4 feet. There are future plans for 6 lanes so the widened sidewalk would be the only option. Mayor Mondy asked if that option could be entertained. Mr. Hoisted commented that he would obtain a price for the sidewalk extension. Councilman Hogue asked how soon the project would start. Mr. Hoisted stated in around 30 days. Council Action A motion was made by Councilman Hogue to award a contract in the amount of $3,225,042.60 for the reconstruction of Stone Road from Ballard Avenue to Akin Lane, to include a bike trail in the project. Councilman Byboth seconded the motion. A vote was taken and passed 6-0 with Councilman Newsom absent. 2. Consider, and act upon, approval of an Engineering Services Agreement, in the amount of $105,000.00, to Helmberger Associates, Inc. for the design of the extension of Alanis Drive from the Twin Lakes Subdivision to FM 544. (C. Hoisted, City Engineer) Staff Comments City Engineer Hoisted addressed Council stating that funding for the extension of Alanis Drive from the Twin Lakes Subdivision to FM 544 was included in the City's 2005 Bond Program. A total of$2,600,000 was identified for the design, right of way acquisition, and construction of the improvements. The project includes approximately 2,700 linear feet of a 4-lane divided roadway section with related drainage and sidewalk improvements. The right of way for the project will be acquired from Skorburg Company per the development agreement for Alanis Crossing approved on the September 12, 2006 Council meeting. Council Discussion Mayor Mondy asked how the Skorburg Company was contributing to this project. City Engineer Hoisted replied that the funding for right of way would come from the City but Skorburg had agreed to pay all thoroughfare impact fees for reimbursement funding for their part of the project. Mayor Mondy asked if the bike trail could also be included in this project. Mr. Hoisted stated that he would include the bike trails. He reported that a starting date would be within 30 days. Council Action A motion was made by Councilman Byboth to approve and Engineering Services Agreement in the amount of $105,000.00 to Helmberger Associates, Inc. for the design of the extension of Alanis Drive from the Twin Lakes Subdivision to FM 544 with additional design for the bike trails. The motion was seconded by Mayor Pro Tem Porter. A vote was taken and passed 6-0 with Councilman Newsom absent. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter,Article III, Section 13-D. City Secretary Ehrlich read captions to Ordinances No. 2006-62 and 2006-63 into the official records. Minutes—October 24, 2006 Wylie City Council Page 4 Mayor Mondy recessed into Work Sessions WORK SESSION Tabled Item from July 11, 2006 A motion was made by Councilman Hogue to remove discussion of planning and coordination of the City of Wylie's 120th Birthday Celebration from the table. Consensus of Council was to remove from the table and discuss. • (MOTION To REMOVE FROM TABLE): Discussion of planning and coordination of the City of Wylie's 120th Birthday Celebration. (R. Diaz, Asst. Superintendent, Parks and Recreation) Assistant Parks Superintendent Diaz addressed Council stating that at the request of the Council the Parks Board had met to discuss recommendations for the 120th Wylie Birthday Celebration. He explained that the Parks Board had entertained several options to recommend back to the City Council. These included: 1. Partnering with WISD to have a celebration during the Pioneer Days in the spring (2007). 2. Having a year long recognition program of the anniversary featuring a celebration logo that could be used throughout the year. 3. Have a year long celebration during the year of the 125th Anniversary either in 2011 or 2012 depending whether the City celebrates the founding date in 1886 or the incorporation date in 1887. He explained that the Parks Board felt that to properly recognize the anniversary date, a well constructed and comprehensive plan to celebrate the event was in order. They felt that planning it for the years 2011 or 2012 would allow time for some of the new construction for the buildings to be completed and could be featured in the celebration. Direction from Council was to plan the celebration for the 125th Anniversary in 2011 to celebrate the founding date of October 1886, and commission the Parks Board to plan the event to include other community organizations and bring those recommendations back to Council closer to the anniversary date. • Discussion regarding Not-for-Profit Annual Donations (M. Manson, City Manager) City Manager Manson addressed Council explaining that at the September 26, 2006 meeting the City Council discussed the distribution of budgeted funds to not-for-profit organizations. At that time, staff was directed to bring back to Council information regarding the City's participation in various not-for-profit agencies and events. She explained that Ordinance No. 2005-52 sets out the process for a direct financial contribution from the City to qualified not-for- profit organizations. In addition staff has compiled a list of in-kind City contributions within the FY 2006-2007 budget. These contributions include staff time to organize and assist with functions such as the Christmas Parade, Downtown Trick-or-Treat, Fourth of July, Homecoming and Ranch Rodeo. Other indirect contributions are made to city programs such as Reach for a Star. She reported that this computes to overtime hours for employees of around $25,000.but Minutes—October 24, 2006 Wylie City Council Page 5 this figure does not include on the job time contributed by employees. Mayor Mondy announced that Councilman Newsom was not present for the meeting and noted that he was against using tax payer money for contributions by the City toward not-for-profit donations. City Manager Manson explained that Ordinance No. 2005-52 does not require the City to donate funds to not- for-profits but rather allows contributes each year to not-for-profit organizations. Mayor Mondy discussed other not-for-profit "in-kind" contributions and stated that he did not believe the Council wanted to go down this road; eliminating all contributions both monetary and in-kind. Mayor Pro Tern Porter mentioned that some events like the Christmas Parade were "in-kind" contributions but were needed to pull off the events. "At what point do you draw the line?" Councilman Byboth stated that maybe it was the presentation of the donations and was a matter of semantics. He mentioned including each donation as a budget item. He suggested that each organization put together an itemized schedule of what the organization contributes to the citizens of Wylie and present these prior to the budget process. Assistant City Manager Butters reported that the Collin County Advocacy Center has been a support group that has assisted the Wylie Police Department, saving numerous hours of City employee time to deal with abused children. He stated that this organization has saved the City more than the City has contributed to this organization. Councilman Young stated that it is part of the charge of the City to provide assistance welfare and economic health benefits. He explained that he did not think this was an option to provide these services but rather a requirement to give our community a feeling of "community". I believe too that it should be funded in a way that it does not appear to be charity as Councilman Byboth mentioned. Councilman Hogue stated that the City was established to provide services to the community; that is what a City is established for. Councilman Hogue mentioned that he liked the present way it was set up; where each organization came before Council. Mayor Mondy asked Council to consider what contributions were considered "taxpayer dollars" and give staff a clear definition. Councilman Byboth asked that in the future, each request be brought up prior to the work sessions on the upcoming budget and the exact contributions to each organization be a line item as part of that budget. Direction from Council was to include only monetary contributions in the budget process and to continue to provide "in- kind" contributions. • Discussion regarding proposed changes to the alley just east of Birmingham Elementary to prevent cut through traffic from the Pointe North subdivision. (C. Hoisted, City Engineer) City Engineer Hoisted presented issues with the alley just east of Birmingham Elementary. He explained that parents, dropping children off, were using this alley to gain access to the school without waiting in line. He reported that in watching this area, he found that in one day, over 80 cars had used the alley for this purpose. After some discussion and resident input, consensus of Council was to direct staff to place a barricade generally located south of Regret Drive to divert traffic and report back to Council if there were still issues with the traffic. ADJOURNMENT With no further business before Council, Councilman Hogue made a motion to adjourn at 7:25 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—October 24, 2006 Wylie City Council Page 6 Wylie City Council CITY OF WYLIE 1 Minutes Wylie City Council Special Called Meeting Thursday, November 2, 2006 — 6:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Mayor Pro Tern Carter Porter called the meeting to order at 6:00 p.m. Council Members present were: Councilman Merrill Young, Councilman Rick White and Councilman Eric Hogue, and Councilman Red Byboth. Mayor Mondy arrived at 6:10 p.m. Councilman Earl Newsom was absent. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Finance Director, Larry Williamson; Public Services Director, Mike Sferra; Planning Director, Renae' 011ie; City Engineer, Chris Hoisted; WEDC Executive Director, Sam Satterwhite; Public Information Officer, Mark Witter, City Secretary, Carole Ehrlich, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Deacon Walter Gove representing the St. Anthony's Catholic Church gave the Invocation and Councilman Young led the Pledge of Allegiance. WORK SESSION • Presentation and discussion regarding confirmation of three building programs, selection of building site, review project cost and schedule analysis for the construction of the new Library, City Hall and Recreation Center. (ARCHITEXAS, Architect/Thomas. S. Byrne, Ltd, Construction Manager) City Manager Mindy Manson addressed Council stating that representatives from Architexas, Holzman Moss Architects, and Byrne Construction were present to present building sites, review costs associated with the proposed sites, and analysis for the scheduling of construction of the New Library, City Hall and Recreation Center. Those in attendance for the presentation were: Malcolm Holzman, FAIA, and Design Principal representing Holzman Moss; Craig Melde, Minutes—November 2, 2006 Special Called Meeting Wylie City Council Page 1 Architexas; David Chase, Project Manager for Architexas; Kenneth Heinzmann for Architexas; Ching-Wen Lin, Project Manager for Holzman Moss; Douglas Moss, Principal for Holzman Moss; Martin Lehman, Project Manager for Thomas S. Byrne, (Construction Managers-Cost Control), and Patrick White, Project Cost Estimator for Thomas S. Byrne. Mr. Holzman thanked Council and stated that the team had several options to present to Council regarding the placement of the buildings that were based on the first work session discussions. Mr. Holzman turned the presentation over to Douglas Moss. Mr. Moss gave an overview of the revisions to the proposed sites discussed at the October 12, 2006 Special Called Meeting. Schemes for A-1, A-2, A-3, B, and C were presented with estimates of additional costs for each scheme. Mr. Moss reported that if the buildings were constructed together, either as one large building or side by side, (A-1 thru A-3 and B) the cost would be less; due to shared parking and shared spaces. He proposed, that if the buildings were together, it would allow for an outdoor center for citizens to gather and hold events. He explained that the models, showing the building on the land were to scale and would show the amount of space each building would take within the land model. He explained that Scheme C would require a road to enter the east side of the property and drive from one site to another and in addition would need the relocation of utilities. These costs could add an additional 1.5 million to the projects. After some discussion and viewing of the sites, direction from Council was to remove Scheme B and C from consideration and look at Schemes A-1 thru A-3 both on the east side of the property and the west side of the property. Mr. Holzman explained that if the buildings were set together as in A-1, the buildings would present a very prominent vision on the property next to F.M. 1378. In A-2 and A-3, the buildings were set near the greenbelt and would not be as prominent a location but would have the view of the greenbelt. Representatives reviewed some of the costs associated with the schemes. Malcolm Holzman stated that if A-1 thru A-3 were considered, the cost associated would be similar. He presented a cost analysis which showed the bond amount for each building and the current estimated cost to build the facility; taking into consideration the projected construction increases and estimated construction time and suggesting that the City look at shared spaces with less shell space to generate the square footage needed while staying within the bond amount approved for each project. These included: Library: The cost to build the project with shared program spaces, shared parking, and without a shell for future growth is estimated at $10,011.573. The total project bond amount is $8,424,519. City Hall: The cost to build the project using shared program spaces and parking and without a shell for future growth is estimated at $15,513,726. The total project bond amount is $8,564,624. He explained that a portion of the increase is due to the estimated construction date of 2008-2009. He explained that if the construction date was moved up, some cost savings could be obtained. Recreation Center: The cost to build the project using shared program spaces, shared parking, and without a shell for future growth was estimated at $16,301,118 which also included a construction date of 2008-2009. Total project bond amount is $10,200,278. Mayor Mondy asked Martin Lehman (Project Manager, Holzman Moss) why the costs to build the projects were so high. Mr. Lehman stated that construction costs for copper and other materials have escalated over the past two years. He explained that the cost for materials has been estimated for inflation in the costs presented. He stated that he could not definitively say what the costs would be over the next two years, only estimate costs; using average cost increases over the past several years. Mr. Holzman explained that if the construction dates were moved forward for the City Hall and Recreation Center, the cost could be reduced. He used the example of the proposed date to build the Library, stating that if the Library construction did not stay on the proposed timeline; approximately $60,000 per month could be added to the cost of the construction. Mr. Holzman suggested that soft costs could be reviewed and possibly reduced as an additional cost savings. These costs include technology, furniture, fixtures, equipment, landscaping, and other miscellaneous costs. Minutes— November 2, 2006 Special Called Meeting Wylie City Council Page 2 Mr. Holzman suggested a third Work Session to review revisions to the soft costs along with other cost savings discussed and revisions to the proposed schemes on November 28, 2006. Some of the items to be reviewed and presented at the meeting will be: Tax implications for moving the construction of the City Hall and Recreation Center up, soft cost reviews, and cost for ground work required for A-1 thru A-3, cost to build the Library on a one storey structure, and revisions to A-2 and A-3 to show these schemes both on the east and west side of the property entering from Brown Street. Mayor Mondy convened into Regular Session at 7:47 p.m. REGULAR AGENDA 1. Consider, and act upon, approval of building sites within the Wells Property for the new Library, City Hall and Recreation Center. (M. Manson, City Manager) There was no action taken on Item#1. ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 7:50 p.m. Consensus of Council was to adjourn. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes—November 2, 2006 Special Called Meeting Wylie City Council Page 3 \ \, r- ii . 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"z"--,..._•-- • ' -______ -�- . -- ff _ 1 p� li n i // ?1 WYLIEINDEPENDENT 544 IIIn ,.n• zoo• 30J .00 CITY HALL * LIBRARY IP REC CENTER PARKING TREE LINE FLOOD PLAIN EASEMENTS RAILROAD HIKING TRAIL PROPOSED ROADS Z"1. 1 1 . 02 . 06 SITE SCHEME C CITY OF WYLIE A HOLZMAHMOSS WELLS PROPERTY CITY HALL,LIBRARY,&REC CENTER WYLIE, TEXAS ARCHITECTURE 11/1/2008 City of Wylie Wylie,Texas CITY HALL,LIBRARY,AND REC.CENTER I CURRENT I SPACE PROJECTED PROJECTED 2009 REVISED 2014 REVISED PROGRAM SPACES 2004 ALLOCATIONS 2014 REQUIREMENTS 2024 REQUIREMENTS REQUIREMENTS REQUIREMENTS Staff Area(SF) Space Note Unit Unit Staff No.of Total Staff No.of Total Staff No.of Total Staff No.of Total Code Code Size Area Spaces Area Spaces Area Spaces Area Spaces Area CITY HALL TOTAL CITY HALL SF REQUIRED 61 38,096 18 1,948 83 45,519 11 1,870 TOTAL CITY HALL PARKING REQUIRED 69 300 127 6 152 6 GRAND TOTAL CITY HALL PROGRAM REQUI ED 79 133 40,044 94 158 47,389 GRAND TOTAL CITY HALL PROGRAM REQUI ED W/SHARED SPAS 148 44,496 LIBRARY TOTAL LIBRARY SF REQUIRED 20 45,437 9 843 16 32,967 14 15,943 TOTAL LIBRARY PARKING REQUIRED 81 300 151 3 110 53 GRAND TOTAL LIBRARY PROGRAM REQUIRE 29 154 46,280 30 163 48,910 GRAND TOTAL LIBRARY PROGRAM REQUIRE",W/SHARED SPACE 152 45,615 REC CENTER TOTAL REC CENTER SF REQUIRED 7 45,360 0 0 8 45,525 0 0 TOTAL REC CENTER PARKING REQUIRED 180 300 151 0 152 0 GRAND TOTAL REC CENTER PROGRAM REQ RED 7 151 45,360 8 152 45,525 GRAND TOTAL REC CENTER PROGRAM REQ RED W/SHARED StiCES 143 43,008 City of Wylie Wylie,Texas PUBLIC LIBRARY CITY HALL RECREATION CENTER COST MODEL SUMMARY- BRINKLEY SARGENT-LIBRARY BYRNE-LIBRARY BRINKLEY SARGENT.CfTY MALL BYRNE-CRY HALL BRINKLEY SARGENT-REC CENTER BYRNE-REC CENTER LIBRARY,CITY HALL AND REC.CENTER Mid Construction/Mardi 2006 Start Dec 2007 Mid Construction/December 2006 Start Dec 2008 Mid Construction I Mardi 2006 Start Dec 2008 Unit Unit Cost Subtotal Unit Unit Cost Subtotal Unit Unit Cost Subtotal Unit Unit Cost Subtotal Unit Unit Cost Subtotal Unit Unit Cost Subtotal 1.CONSTRUCTION COSTS 45,610 $ 156.95 $ 7,158,337 48,910 $ 201.76_$ 9,868,016 39,189_$ 172.28 $ 6,751,351 47,389 $ 286.58_ $ 13,580,950 48,913 $ 172.88 $ 8,456,280 45,525 $ 303.36 $ 13,810,522 2.OTHER PROJECT COSTS $ 1,512,602 $ 2,541,352 $ 1,344,017 $ 2,643,524 $ 1,446,801 $ 2,904,236 3.PROJECT CONTINGENCY 3% $ 260,128 3% $ 355,524 3% $ 242,861 3% $ 441,916 3% $ 296,801 3% $ 455,867 TOTAL ESTIMATED PROJECT COST 45,610 $ 196 $ 8,931,067 48,910 $ 261 $ 12,764,892 39,189 $ 213 $ 8,338,229 47,389 $ 352 $ 16,666,390 48,913 $ 209 $ 10,199,882 45,525 $ 377 S 17,170,625 TOTAL PROJECT BOND 45,610 $ 185 $ 8,424,519 39,189 $ 219 $ 8,564,624 48,913 $ 209 $ 10,200,278 A.START DEC 2007 48,910 $ 12,764,892 47,389 $ 15,897,656 45,525 $ 16,388,897 B.NO SHELL SPACE 32,967 $ 10,927,828 45,519 $ 16,443,965 45,525 $ 17,170,625 C.SHARED PROGRAM SPACES(W/SHELL) 45,615 $ 11,920,383 44,496 $ 15,834,226 43,008 $ 16,400,509 D.SHARED PROGRAM SPACES(W/0 SHELL) 29,672 $ 10,083,319 I 42,626 _$ 15,611,801 43,008 $ 16,400,509 E.SHARED PROGRAM SPACES(W/0 SHELL)&SHARD PARKING(1/450) 29,672_ $ 10,011,573_ 42,626 $ 15,513,726 43,008 $ 16,301,118 F.REDUCED BUILDING PROGRAM&PARKING 24,000 $ 6,424,519 20,000 $ 8,564,624 24,000 $ 10,200,278 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: B. Department: (City Secretary's Use Only) Prepared By: Mike Sferra Account Code: 443-5443-58110-7BA Date Prepared: October 18, 2006 Budgeted Amount: Exhibits: Interlocal Agreement Subject Consider, and act upon, Resolution No. 2006-27(R), authorizing the Mayor to enter into an Interlocal Agreement with Collin County for the Founders Park Land Acquisition Project. Recommendation Recommend approval of Resolution No. 2006-27(R), authorizing the Mayor to enter into an Interlocal Agreement with Collin County for the Founders Park Land Acquisition Project. Discussion The 2003 Collin County Bond election established a pool of funding for park and open space development in Collin County. The County took the approach of establishing a matching grant system as the means of distributing the funding throughout the County. The grant is set up as a 50-50, dollar-for-dollar, reimbursement program. Staff received notice in March 2006 that the County was accepting grant applications for the development, expansion or improvement of parks and open space. On June 26, 2006, Council approved a Resolution authorizing the application for a Collin County Park and Open Space Grant for the purposes of land acquisition for Founders Park. The application was submitted to the County on July 7, 2006. The City conducted and independent appraisal and the property has been valued at $370,000. The City's right- of-way agent is preparing to proceed with the acquisition process. This project consists of purchasing a total of 17 acres of additional open space to enlarge the City's existing Founders Park. It is anticipated that two acres of the tract will be dedicated as right-of-way for the extension of Hensley Lane, and County grant funds cannot be used for the purpose of this right-of-way acquisition. The grant funds can be used only for the acquisition of the open space. Therefore, the County's participation is limited to the remaining 15 acres of the site. Using the appraisal price of$21,765 per acre, acquisition of 15 acres would cost $326,475. The grant award of$163,238 would be applied toward the purchase of the 15 acres. The City anticipates purchasing this land with funds available from the Founders Park bond funds (already sold and available) approved by voters in November 2005. The final purchase price of the parcel will be determined as the City's agent proceeds with the acquisition process. Currently, Founders Park is a 65 acre site containing two lighted baseball fields and five lighted soccer fields. Page 1 of 2 Page 2 of 2 This subject parcel is located adjacent to and directly south and west of the City's existing Founders Park. In November 2005, voters approved a 5.47 million dollar bond package to add 14 more soccer fields,two more baseball fields, concession stand/restroom facilities, additional parking, hike and bike trail, and other amenities to the existing park. Acquisition of this additional open space could be used to enhance the approved bond improvements for the park by expanding the hike and trail improvements into this parcel, thus connecting two area school sites via this linkage. As design efforts commence on the Founders Park project, other potential improvements for the open space will also be considered. The Interlocal Cooperation Act of the Texas Government Code enables local governments to contract with other agencies for the performance of governmental functions and services. The attached Interlocal Agreement establishes the responsibilities of the City and the process for reimbursement. Approved By Initial Date Department Director MS 11/02/06 City Manager 10 N 13`0 RESOLUTION NO. 2006-27 (R) A RESOLUTION OF THE CITY OF WYLIE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE FOR THE FOUNDERS PARK LAND ACQUISITION PROJECT. WHEREAS, the City of Wylie desires to enter into a the County of Collin, Texas (County) and the City of Wylie (city) desire to enter into an agreement concerning the acquisition of land for development of Founders Park in the City of Wylie, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the land acquisition may be performed most economically by implementing this agreement; and WHEREAS, the City and the County find that this agreement will benefit the residents of the County and provide additional park and recreational; facilities and open space for all County residents; and WHEREAS, this agreement will support or advance the mission of the Collin County Parks and Open Space Strategic Plan; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, that the Mayor is authorized to sign this Interlocal Agreement and is made and entered into by the County and the City upon and for the mutual consideration stated herein. APPROVED: John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Resolution No. 2006-27(R) Interlocal Agreement for Founders Park Land Acquisition 1 4------- Special Projects 825 N. McDonald St,Ste. 145 COUNTY COLLIN COUNTY McKinney,Texas 75069 P972-548-3744 www.collincountytx.gov October 19, 2006 City of Wylie Mark Roath, City Manager 2000 Highway 78 North Wylie, Texas 75098 RE: Interlocal Agreement for Collin County Project Funding Assistance Program Founders Park Land Acquisition, $163,238.00 Enclosed are five (5) originals of the Interlocal Agreement for execution. Please return all signed originals to my attention. Upon approval by the Collin County Commissioners Court an original will be returned for your file. Should you have any questions please contact me at (972) 548-3744. Best regards, \,..01A-60-) Teresa Nelson Administrative Secretary Enclosure INTERLOCAL AGREEMENT BETWEEN COLLIN COUNTY AND THE CITY OF WYLIE WHEREAS, the County of Collin, Texas ("County") and the City of Wylie ("City") desire to enter into an agreement concerning the acquisition of land for development of Founders Park in the City of Wylie, Collin County, Texas; and WHEREAS, the Interlocal Cooperation Act (Texas Government Code Chapter 791) authorizes any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, the City and County have determined that the land acquisition may be performed most economically by implementing this agreement; and WHEREAS,the City and the County find that this agreement will benefit the residents of the County and provide additional park and recreational facilities and open space for all County residents; and WHEREAS, this agreement will support or advance the mission of the Collin County Parks and Open Space Strategic Plan; NOW, THEREFORE, this agreement is made and entered into by the County and the City upon and for the mutual consideration stated herein. WITNESSETH: ARTICLE I. The City shall arrange to purchase such land to develop Founders Park, hereinafter called the "Project". The Project shall consist of the acquisition of approximately seventeen (17) acres of land further identified in Exhibit "A". Changes to the project which alter the initial funding request referenced in Exhibit "A" must be reviewed by The Parks Foundation Advisory Board and approved by Commissioners Court. ARTICLE II. The City shall prepare and execute all documents necessary to purchase the land and in such activities, shall comply with all state statutory requirements. The City shall supply the County with a copy of the executed documents. Page 1 of 5 ARTICLE III. The City shall require a title search prior to closing and will not expend funds to acquire easements or real property for use as right-of-way. ARTICLE IV. The City estimates the total actual cost of the entire property acquisition to be $370,000.00. The County agrees to fund a portion of the total cost to acquire property in an amount not to exceed$163,238.00 as shown on Exhibit"A". ARTICLE V. The County shall remit payment to the City prior to or after closing. If payment is made prior to closing and the actual cost of the property is less than$326,476.00,the City shall remit the County fifty (50) percent of the difference based on the actual purchase price. ARTICLE VI. Following completion of the property acquisition, the City shall provide an itemized final accounting of expenditures including the City's match, in kind services or donations received for this project, closing documents indicating the final purchase price and a copy of the deed(s)indicating the City received ownership of the property acquired. ARTICLE VII. The City and County agree that the party paying for the performance of governmental functions or services shall make those payments only from current revenues legally available to the paying party. The City acknowledges that the County's source of funding for the property acquisition is 2003 Parks and Open Space Bonds. The City further acknowledges that property acquired with these funds must be utilized for Parks and Open Space purposes and be available for use by all county citizens. ARTICLE VIII. INDEMNIFICATION. 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, judgements and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (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. Page 2 of 5 ARTICLE IX. VENUE. The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this agreement. The parties agree that this agreement is performable in Collin County, Texas and that exclusive venue shall lie in Collin County, Texas. ARTICLE X. SEVERABILITY. The provisions of this agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the agreement shall be enforced as if the invalid provision had never been included. ARTICLE XI. ENTIRE AGREEMENT. This agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. ARTICLE XII. SUCCESSORS AND ASSIGNS. This agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this agreement without the written consent of the other party. ARTICLE XIII. IMMUNITY. It is expressly understood and agreed that, in the execution of this agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this agreement, the parties do not create any obligations, express or implied, other that those set forth herein, and this agreement shall not create any rights in parties not signatories hereto. ARTICLE XIV. TERM. This agreement shall be effective upon execution by both parties and shall continue in effect annually until final acceptance of the Project. ARTICLE XV. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. Page 3 of 5 APPROVED AS TO FORM: COUNTY OF COLLIN,TEXAS By: By: Name: Name: Title: Title: County Judge Date: Date: Executed on this day of 200_,by the County of Collin, pursuant to Commissioners' Court Order No. ATTEST: CITY OF WYLIE By: By: Name: Name: Title: Title: Date: Date: Executed on behalf of the City of Wylie pursuant to City Council Resolution No. APPROVED AS TO FORM: By: Name: Title: Date: Page 4 of 5 EXHIBIT "A" The County will provide funding assistance for the following: ❑ Total land acquisition of 17 acres, more or less reduced by future right-of-way 2 acres,more or less. Net Acreage being funded is 15 acres, more or less Total funding $163,238.00 Contact Information Request for reimbursement submitted to: Collin County Special Projects Teresa Nelson 825 N. McDonald Street, Suite 145 McKinney, Texas 75069 972-548-3744 Submission of electronic photos and quarterly reports: Teresa Nelson tnel sona,,collincountytexas.gov Project Manager Contact: (must be able to answer specific questions regarding project) Name: Address: Phone: Fax: Email: Page 5 of 5 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: C. (City Secretary's Use Only) Department: Planning Prepared By: Renae' 011ie Account Code: Date Prepared: 11/03/06 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, a request to allow the partial construction of the required screen wall for Wylie Retail Office Park, generally located on the southwest corner of S.H. 78 and Kreymer Lane. Recommendation Motion to approve a request to allow the partial construction of the required screen wall for Wylie Retail Office Park, generally located on the southwest corner of S.H. 78 and Kreymer Lane. Discussion Section 7.1.I.1 of the zoning ordinance states that when a district zoned MF, MH, NS, CR, BC, CC, or I abuts a district zoned AG, SF, or TH, the owner of the non-residential district shall construct a solid screening wall of not less than six nor more than eight feet in height along the entire property line separating these districts, except where visibility triangles or easements are required. However, in cases where the Commission finds this requirement to be impractical for immediate construction, it may grant a temporary waiver of the required screening wall until such time as the screening wall may be necessary by the Council. The applicant is requesting that as Phase I is being developed only that portion of the screening wall be constructed. The remaining length of the screening wall will be installed upon the development and construction of Phase II. The balance of the screen wall must match fully in color, texture and material as the screening wall for Phase I. The applicant states that delaying the full length of construction for the screening wall would allow them to get closer to their budget and allow them to get the project underway. Phase I measures approximately 340 feet across the southern property line from the western property line extending east. This would leave approximately 489 feet of the property exposed to the Wyndham Estates Subdivision to the south. An alley currently separates the residential district from the subject property. The Planning and Zoning Commission voted 6-0 to approve partial construction with stipulations that the screen wall be extended an additional 30 feet beyond Phase I building, and within one year the remaining screen wall shall be constructed. Approved By Initial Date Department Director RO 11/03/06 City Manager ` (! I t G'G Page 1 of 1 ' 'ROW.MQCA > a. •�y•+L:,'�_. ` j ��' • • V • .SA6JS.79�'C • it�_Iiffi1nmui" _..•��IpN'.R�A.•w��" •IPA,. L�a` rt C •6ep d , '. ....• v l4e "..._.. ',—I '�SouM 12.00' g& °� 447.I?' 1_ a a,�,,,, .y.. t=v?07' VICINITY MAP / I CB-S I6•7,u..,E. ria t1r I t C[ 1J8.608LOI'3,B[ACKA3.6308 Ae.WYLIE RETAIL OFFICE PARK ADDITION R=501.99' 8.7264 Ae. L=Iy'9.W�I' _ CB=5 ITJ9 3J [ K Im6Au(0130INAL) =z3e.ss' : �� 817E DATA SUMMARY TABLE h MYRAN CORPORATION LOT 1,BLOCK A 0111.9:I253,PALM fat 9,292 SF \ `�,` BF Miwmv. Y6.n[wr.,e...m.,.w it D.RGC.T. 02I33 A Nose set rp gLaM v(a,mO 0O) 8R TOE'CC R.O.W.DBD1CATf0' R i50 - •_ BUILDING DATA. Q. dig :a �a i _ "��° N6T39'IJ'C r'�u w nu I/.I7' unw WONT x won= o0'r p�r,.a,C .� 1 oonrA .a. avow,mrocr, p r-er•w ctiw7— —ZO,T--3I1. Y Pot 1 �� 11` aims RANCH EABI COMMERCIAL PARK � 0 '� - iS / CAB.C.3LD.8 —IIiN- /D3.d0' 1 / .µr�' r— • _.r r.... (—— ® \� w` P.RC.C.T. wTaimraaW, ma en...,��n '�00 Ie30' i was f .rav ,ow \e A ,'1 PMeCN=�NO s�MUir r,w,ixo aeNwt r., q e.w r.,w m e� ZONED:CC • 9ARA V.MARCOTTE M" ARAVOL.also.Po.I I1f 0 f 0 0 en et+�® A 0 ® Dl ICI I I IT IT ICI A O ion Ak?i1 �' \`\ .o:c wie m._,,...,m.., ,69 D180,PO. J VRRI f I I ' ' I O _M�__. �`�. non ZONED:CC \N'� pi.. • L LOT i BLOCK A4. f,M evr >: Real sael• - ��` ` 1` uNDsc.vE suNUIaQ n.r • l ° J . I IL j01 1',,lI 1R,I, F1L) fl �Tl-',' I [ilia l° e N6.J.3 E•N.t \ b,v v C)M R?e'/SSe'SJSe • R=2zm • I ' CB5 16'16'47-E CB=5 71•J13 E uT RETAIL I RESTAURANT RETAIL I RESTAURANT C=229.14' 9Sm .S 16,730SF ! 16300 9P i 0 7263 AC LOT 2,BLOCK Y ,�I,,J A lt i.:T'74E'�® — k gym , _ 9S ,rti w _, l 1 1�'�U O M w,,.,..,, „ 'W 1 s„ri.J•�•E f',,�® (<� w...._,.,.\ .,....w,a.:.�:,a,,,r,,.9r9.6S6re,N,. 9+�tA � _ — -———I .'W._. ,o•■ —WYIJE RANCH EAST,PHASE 1 GRAPHIC SCALE lPul-ez9.e9• ? CAB.TB.L sLD.277 P. i �a �' Proposed length of i / „ ��;A q I 1.8,.pr)n p • i Lori rm. Screen Nall 1 i I LOT �,. �13 A�,1 ��, LOr,0 I �a /r �a 1 I_-_-- iit Barragln,Martinez&Walls,LLC WYNDHAM ESTATES;,PHASE I / e E,SLD.lol / ' , RE Consulting Civil Engineers ATNED:,SF-IW19 I / I tar 1 I eel[Wl7D I.r .181R4 CONDO:a r»N. Vir GPM PRAM.Enna 75030 PlIONC(214)724-0.q LEGEND GENERAL NOTES ........18. '8. 78/KREYhiER,LTD.Go Site Plan Omi,/.N as.a7w . _ 'i. .moon,amRaao neat moon P Mark R.SmithComQmy,Inc. Wylie Co m,am am art.ISO nnea,.-awms ma Retail Center ONr r.7uw 73626 DM x,a-.116.-.17 um au et a eve AL mom o,a v"w KKw \wNrren ova arm S.W.C.Stele Highway 78&Kraymer Lam .,N,..,..6IL wows.'•:a•°.`�ioa.Nam omo,.t,mm. „e Lot I.Block A/Wylie Retail O0ce Park Addition .o n KW a .cr�a wrs .y LANES SOUTHWEST SURVEYING INC. City of Wylie,Collin County,Tema 1111 Nm1aY OWE NOM ,-NI4 a..Vna,Rrnau w.w Om.v,A 10cp.aw. . MCKIM n303 MIeO-361Y MO(R6 ML oEIWI WAIN 011C SC. NOW® nu WIT a.,..nonce Lae UK=av.0 TOw.v..a ora son. r,o.®....o Dacia COOK,Ad WE IRS ` 0 `wB. v.m� w/mroa v'"D eq m., gP_1 , 0J Mark R. Smith Company P.O. Box 9027 Dallas, TX. 75209-9027 214-346-0733 Office • 214-369-2447 Fax mark@markrsmithco.com October 4, 2006 Renae' 011ie Planning Director City of Wylie 2000 Highway 78 North Wylie, TX 75098 RE: Wylie Corners S.W. Corner of Hwy 78 & Kreymer Dear Renae': Per our previous discussions we have been struggling with construction cost issues that continue to challenge our development budget. I think we have explored and worked out most of the ways we can reduce cost without sacrificing the quality of the project and hopefully be able to offer a competitive rental rate. One item still exists that we need your help to try and get closer to our budget. We have planned to build the screening wall with each phase of our development. In this case phase I would be the west building and phase II the east building. We project leasing 70% of the phase I building within a year after the shell is complete. Per our loan agreement we would be able start phase II as soon as the lease getting to 70% is signed. We fully intend to use the same color material to build the wall so it will all look the same. Should you have any questions please feel free to call me. We are anxious to get started with construction and look forward to working with you on this development. Sincerely, to/Kreymer, Ltd. Mark R. Smith Co., Inc Co-General Partner Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: D. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: 11/03/06 Budgeted Amount: Exhibits: Z. Subject Consider, and act upon, approval of a Preliminary Plat creating 4 commercial/retail lots for Victoria Place Addition, generally located at the northeast corner of SH 78 and Spring Creek Parkway. Recommendation Motion to approve a Preliminary Plat creating 4 commercial/retail lots for Victoria Place Addition located at the northeast corner of SH 78 and Spring Creek Parkway. Discussion The property totals 12.9096 acres and will create 4 commercial/retail lots. The property is zoned Commercial Corridor(CC)District and has never been platted. The plat dedicates a thirty (30) foot wide drainage easement from S.H. 78 and extending north along the western property line to the existing drainage channel. A Conceptual Site plan for the four lots was approved by the Planning and Zoning Commission on October 17, 2006. The Preliminary Plat complies with all applicable technical requirements of the City of Wylie. Approved By Initial Date Department Director RO 11/03/06 City Manager 1 (� Page 1 of 1 0122.101.1 SURVEYOR'S CERMICATE SATE OF TEXAS: THAT I.J.N.66116.A REGISTERED PROFESSIONAL LAND.ITVEYOR OF TIE STATE Of 1D ENT COUNTY OF COLT. DO HEREBY SATE.TO THE BEST OF NY!RE 000GE/991 BELEF,THAT RiEPAT l THIS PLAT I ono..FROLI AH MIWE.IXl..THE GROUND SURNEr Of THE lENO AS OESCRIRED,HID TINT THE CORNEA WHEREAS.wYEIE INVEST/ENTS.LP.,arc Me sole omen Al a 12.9096 acre 4xt m 5 MOM1Mfl115 SHOwH THEAFDII WERE PROPERLY PVLm UNDER MY PERSONH AX{ALRAON. IaM Mu*k aye Frmdgoo b La Pkro,Sm.y AMham Na bee.City m wyb,ColFn Ceeny. R pp Tway id tract being a paten m thet ease tram m land as cm.d to Arapaho East. R PNEUNIN.W:THIS DOCUMENT 5 PONT TO BE RECORDED FOR ANY PURPOSE. Inc. .d m Volume 5613.Page 5000 m Me Dead Records m Canty.Teak gold Atrace ding more Pan:,day deo..a m MI6, 1, 6DINNING,m a%im:n Inn red sett.era point being tM Intersection m the north sf� ti J.H.aulHAs 3.8 oA,E right-of-my Km M State 9M Ian lvnrtol hie width right-of-.M)and the abet REGISTERED PROFESSIONAL right-of-wiry Me m rght-m-way): LAND SRED N0.ONAL THENCE,N OE 29'47*E.Mewling tM mid north Me of Stab Wog.,TO end Mara Me SCALE 1'a100' sob oast line of Spring db Spring Ck Parkway.o tam of800.00 feel to a N moll'von rM set m Me bmia,hg m a cm to tM TM whose center Mew N SW,31',13-W a aroma 1� ^ of1550.00 feet from s.point �,..Wµy RECOMMEN136 FOR APPROVAL THENCE,in a nertheM..cVan ooMmig Mom Me Vela wet gee m Smig Cr.Parkway I,vT' Id Mnant cur.to tM Ml,thrmon a ceMol ago m 2J]e'30%on an VICINITY MAP ��pmNwrrAY of 8.67 feet.an a ch.MMM,e and*cc m H 19'20 •.634.16 rem b a B No Soak _- "'Nl,1 a oM bed Ih Iron.set n Warranty Deed f.end of esid rom yOd yfoodlak.Ing On LC.m corner m a hart ..-cA5 GEES 1" _ CHAIRMAN,PUNNING k ZONING COMMISSION DATE Oty SmMem Raihq Company recorded M VMA.4421.P 11924'offCthe Deed Ramos m 1W'� cr. are Or WpIE,TExAs Minn County.Tarts eaa.Np 13 nocl. , I� y�p 't°T`'o VS"sR THENCE,N H'32'02'E.deporting the o.wet Ono e!Spring Creek Porkwey and mend ,,.v„su.. 497 84A APPROVED FOR O.STRUCTION the nosh fine m said Kam.Gay Southern Rail.y rhos,a distance or 49T�feet m a% srtt84'32 2`E f-7 Inch tray,aa yet I«miner at Um mouthed.corner m the said Kamm any Southern y vr\nR I Ra9.ay tram: a d:r,aNrW g _ err- ` 1 /hil11 MAYOR,CRY OF MARE,TEXAS DATE THENCE,S 01'29'00'W,a distance m 1492.91 feet to a 1f Inch bon Ipa set for caner 0=2336'30` a.LOT 1.�0pfa a ��(((x'` 11 1 \ri• 1 1 in CAMm refer..north Wo of set.Highs.70 R=1$50.00' �a c s i/ 111 I1 w 1 I THENCE N p5 29'55'W,along the abaa ode no.Gm m Stets Highway 78,a eimenu A=838.6E Pv.c.cF. ` I 1 U 1, 1^I ANA'`riul of 2e2.03 feet to 0%Ma km nd eon for Cana; T=323.93' ,,,,, I E 11^II 1 .a$ �1.rrnn IT a THENCE.N OE 30'OS-E,continuing Moog the above mid north line of Stone Hghnoy 79,e Chord Bearing=N7079'28'W Ii4 L �k1 1:0 1 pl ,o„2 MOOT am.as.wruE.Toys diMar a m 11.rem too M ii.iron rod.m tar,.wryer. Chord Distance=634.16' / 11x~�___l?11 1 1 ILarl �� `Y 1 l L 1 �1 THENCE,N 89 31.13-W.continuing Mom M.onom nk north Imo of Stab Highway)R. 1#, 1 °P°` o distance of 82.34 teal to Me PoINr OF BEGINNING and CONTAINING 562,310 spume rem #. \_ `(\11 1 1 THE UNDERSIGNED,THE CRT SECRETARY DF THE CITY OF MLE,TEXAS HEREBY COMES THAT or 129098 acres m lard. t -J. 1 11 4 11 1 FOREGOING FINAL PUT OF LOTS I,2,3 k 4.BLOCK A OF VICTORIA PUCE,AN ADDITION �$`YY 1 TO THE CRY OF ME WAS SU9W1TE0 TO THE CRY'COUNCIL ON THE DAY OF DRIVE 1 1 II 11 ( ! If i 2006,AND THE COUNCIL 0Y FORMAL ACTION.THEN AND THERE ACCEPTED THE DEDICATION OF CENTENNIAL Y i I 1 ,eked,.SF 1 I I 1 CAMSTR .AL£Y5,PAa1t5.EASENENTs,Pu9L1C PLACES AND O,WATERFURTHER AY'0 SEWER 000 AS MAYOR NOW,THEREFORE.MOW ALL M.9Y THESE PRESENTS: _ iA: AND SET FORM W AND UPON SND RAT AND SND COUNCL FURTHER H9MDAISED THE MAYOR ) \'': 1 'I'1 ---) 1\ ,! NOTE THE ACCEPTANCE THEREOF Err SIGNING H5 NAME AS HEREIN ABOVE SUBSCRIERD. TIN'WrtIE INVESM.TS,LP. ACTING BY AND THROUGH THE UNDERSIGNED,THEIR DULY NGHORIZED AGENT.006 HEREBY ACOFT THIS PUT D60NATING THE HERON DESCRIBED AS \ ). 11 \ n , I I< WIM65 1p'NAND i115 DAY O< 200e. LOTS 1.2.3 k 4.BLOCS A NCTORN PULE,Al ADOMON TO THE CITY OF WnIE,COLLM \IL I 1 I _'//yyl i Y 1 I I COUNry,TONS,AND Do HEREBY DEDICATE TO ME PUBLICS USE ME EASEMENTS SHO.THEREON. ,r-dues , Y-+-I I� I ' DOTE Ii. Al . 'BLOCK A. I^ ��lll if CITY OF WYUEE,,TEXAS DOE EADEN° E1uVFmlENis.LP. • I 1 1 B III R i P 3TEMS cou'ENTv FOFDALus +'I` i i 1 I II� ;Walt POmION OF THS AODTtlF 8Y MET6 AND BOUNDS 5 A VKKATN)N OF CITY MMNwCE BEFORE ME THE UNDERSN:NEO AUTHORITY,A NOTARY PUBIS,W AND FOR.0 COUNTY AND STATE, 3 UW/NO 6 SLIBIEM TO FlNES HA WaHHOIDING OF UT9DI6 Hay WkOMG PERNnS. ON THIS DAY APPEWED.pHN C.PMPAS OF wNE WVFSTMENIS,LP.,KNOWN TO 11E TO BE d I (1 I Inc A ,- E I 1 a 1 - A i"'(- / -�I I _cox,ace wee aAccr MEE MTTHEY EX WHOSE ECUTED TO THE 01FPOSAND 00N 0195 g1 THFR61 D. SIOCC &021 ,11 I I a .. .. RE S Of BEARINGS)MONUMENTS FOUND N1.THE RECORDED PLAT OF w0pp(AI(E VILLAGE AS OW UNDER 1n•M.HID 4A1 OF OEFiCE.THIS__DAY of 2009. k USE F.T. II I I �\ E - 1 RECORDED IN RANI)'P. MENT 92e k 4AN THE RT. I yY 1 i �IWI Y -I K yIW1 Iia` : 5i 1 II' I NOTARY PUBLIC IN AND FUT THE STATE OF TOMS ICI a 9141 II' I ii - ILji 711t i I I 1 1 �;Ill t! A 1.- I � 1 g1j1111 j^1 i nkLAxr Y!', .,.. '- ul 1 U.v+_J_ __ -1 1 IYw r_s _r w -- s -' PRELIMINARY PLAT L '� , 2 VICTORIA PLACE la <� .gmHN c - 55{{�yy�.. LOTS I,2.304 II 'a-t0I 1 Lori I I POINT OF 19 °6'"a sr 151 g BLOCKS A BEGINNING I' f'�l 2 ICI 1 1'i jai .zI I rzi,,,I,Rc 1-I AN ADDITION TO THE 1 CITY OF WYLIE.TEXAS 4x.2 A lYY'.g!I(. Et,�,gg�yr i FRANCISCO De La PINA SURVEY,ABSTRACT NO.688 "C,o_ s COLLIN COUNTY,TEXAS y,. rrlsa°'eon=vO'CC __ L SN __2' ZONED C-C _ N88'29.551P+A,.282.03• *IRE. __ Wylie Inw.fmantr,LP. • N88'31'13"� `-- ,� S,ATE_14IGHWAY 78 305SUIiE 30`e-2444 _ .gOI Rc+�rc_501 'IAe PLANO,TEXAS 15093 62.36' _ PREPARED gEkR rtER 2006 BY N13605`E °termer h Associates,Ina. 11.85' 9202 MakNle Dr. DALLAS TEXAS 75243 972-231-er2T SITE DATA SITE DATA C7 SITE DATA LOT CC-COWEROAL CORRIDOR LOVI5i0 CC-CCMNEROAL CORRIDOR LOT P LOT 3 LOT I LOT 4 �- -PR RETAIL OPOSED USE CCNMEAdAL CORRIDOR y T�OOPOSED USE z22 AC TOTAL ED yRETNL TOT.AREA AV5E INDOOR/OUTDOOR SELF-STORAGE PROP USE RETAIL CC-couMERL K CORE ^ c 3.88 AC BU0.0WG APEA(RFTNL) 1J,016 SF BUILDING AREA(RETAK) 10,067 SF WRITING AREA(OfPICE) r1 SF IOTµ AREA A 011 a N RInONG NOdIT(uc..) ONE STORY BUILDING HEMJtT(uP:.) 011E STORY BUILDING AREA(STORAGE) 45 Y BUDDING AREA(RETNL) l2.>B2 3il +"O� '�{{��a BUILDING NEICHT(Nc..) DIRE STORY BUILDING KIEIOIi(Yccj ONE STORY x V z � PARKWG REOb(I/Z00) 66 50 PARKING PEOb(t/200) SP 4_, zQ TOTAL PARKING PROYD 73 SP TAL AMMO PROW St PARKING REO'D(t/JOO♦1/I0,000j 8 Sc AWING REO'D(1/200) t6A I W • H.C.PARKING REOb J SP NC-PARKING REOV 90 Sc TOTAL PARKING PROW 26 SP N.C.PARKING PROW A SP mN.C.PARKING PR0V0 3 SP XO PARKING REO'0 I SP TOTAL PARKING RUT.ARKING PROW 166 SP I Z 3 SR X.C.PARKING PROVO 2 SP X.C.PARKING PROW 2 SP tti.r ® 0 L�j Cl) Ar GENERAL NOTES: _ _ v J I-MCXPNOx A.NFATNG N9 AIR OrOIOMNG EOLPFEMT IF / El 0 60 100 200 I 0 I 1 yy. IKONESCOlnAL V45 SNPll BE SCREENED FROM MEP ` FROM PUBIC 9OIi-0R-WSY AND MOM N)ym(1 PESONTN. wPHIC SCALE 'BASE PR0�16 VICINITY MAP I•-60' STANDARDS RILL BE SAnSFlm AND DESIRABLES MILL zll£UW Pa SA2Ci PROPERTY wl .W GR I fJ RE DEIERLRNED AND 8TAu0m IN THE FINAL 5TE PLAN.' 0.06INIOE VIM RE OTT OF PRE 2OING CROWANCE r �I ^3; JFRE NMOMRS TO BE SPACED A MAMA Die 500-0.OC FOR NOTE SPRw0FRED BULL..NO 302-0"0C.FOR N0N-SNxx1 000 FlYNn NIIDWCS S DOCUMENT IS FRE LNE 1 RELEASED FOR ME A.ALL RMY MET UNLESS R OCA.011EAx3E PURPOSE R WTERa 1.� RENEP GROOT THE S M SANTAROI CONTAINER SCREENING 1M LS KL BE OMt UTgR11V K JON ASOF1.SLOE MASONRY,03 ODER AROYTECIURAL MASONRY R I550.O JO• . DANO CROSS,P.E.N0. Mr.xdlOMG A METAL GAIL PINKED NO PASSIM AND AE R�165O.W' -... 11 81618 ON 10/11/D6 IT SAMRATOI COITAYE1l SgCE SS0 84240 W1E AM PAD 91E A6J6.67 - IS NOT TO E USED OONSIRIICIFD x ACCORDANCE MIN NNE Ott 6 FOR CONSSRUCTION. Y,Ata FIRE a__ wn[DESO1 TPErnCADORS' T�523.9T Ali BIDDING.OR PERMIT tr PROM._nl[n61xc I COL MEWS 6:AA PAWING IS PROMO x ACCOROAXCE RIM ADA Chad 9Paitq�N1O�9.28M' '.SZ PURPOSES. STANDAROs Chad Ohta1 634 56' I N ).20 FLOOWLATN EnSls OK 91E - - ,.: __— •- ' - - ally v! z POINT 9F - - PSIItl�-- -- T __/— g, S', / ^ g I U..7 95.1. g_ i ..Y L' ' i ' SPRING"�d`PMI�"'",`�.\ V , �;•I'�° M I I-� a __ll- Its MEA;° I'""` J Pl$� -L-- t/ 3_ --- - ., [-�F W 'rii r Ia z E" ns, I �j {� �� T N�' w w F N 111.6�5� i �y X F �•�' 3j �+: ' -•T x ,, N!�,i 11 (, aL T'+ -.. y - 8 flU K � '�-z i •�..��[ � L. ,�ly ,� sj� � 1 _ .III1 ,,i-- f,t n S._R I ® LA fig Z.1 Ilk' dear" �e m.,4:l III I I Il • �. S '� "r t a O ' ! bo IN. 1 . ❑ t ' y� s � I �' I iIIIIIIIIfJIIIIII�tS — r /it e" ', % U �ss . Tw ;y m Im .i ..;f� L < ;n. o'r._ I Il 'e. � U�I 15��"°"III.E 111 E. Z_ - - rTTJ � , n�li D �� ^ .� ;�_f I I I I l I Ih R 5 �.a n._, t C� _/_ W �� rt—+'+11 �L �I + k J3 - ��.° III(® \\\\\\\\\\\\ \�\\\\��\ V�. Dem 7 — — ————--�.P9B,E�_ rs KmA»NAc6 fsNr. — ——--—— aMm.T.n...a,.. saw 1=AT PAPP 6505 W.t"Po.131...Ste 300-2. D�..n Sr 81PASON NepM1ons 9Oe�3093 ,. 'IJC >2 -5511 • Sh zL Cron.Engineering CR....Milan.,Mc. CSP t1MCKMn�nae.ee.Su1306901 of TM.PNcn.972 562-4409 Fox 972 502-.71 CmlgcL .Ion OaW CrIr.A.P.E. / Wylie City Council CITY F WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: 1. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: N/A Date Prepared: October 31, 2006 Budgeted Amount: N/A Exhibits: 7 Subject Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-65 amending the zoning from Agriculture (A) to Single Family— 1A/30 (SF-1A/30) for proposed single family residential uses, generally located south of Alanis Drive and west of Ballard Avenue. ZC 2006-14 Recommendation Motion to approve Ordinance No. 2006-65 amending the zoning from Agricultural (A) to Agriculture (A)to Single Family— 1A/30 (SF-1A/30) for proposed single family residential uses. Discussion Owner/Applicant: Clay Blakey The subject property is located south of Alanis Drive and west of Ballard Avenue. The applicant is requesting to rezone 1.746 acres to allow for single family residential uses. The subject property has been within the corporate city limits of Wylie since 1988 and was final platted in April 2006. The plat created two single-family residential lots each being 38,028 square feet(0.873 acres) in size. At the time of platting, no plans for development were submitted. The applicant now desires to construct a residential dwelling on one lot. Because the property was in a holding zone of Agricultural, it must now convert to permanent zoning prior to construction and prior to the issuance of building permits. The Comprehensive Plan recommends low density residential for the subject property. The approved plat has a lot width of 106.78 feet and lot depth of 353.62 feet. The SF-1A/30 requires a lot width of 150 feet and lot depth of 200 feet. Although the lot width is less than required, staff feels that the proposed request meets the intent of the ordinance for larger lots. The proposed dwelling size is a single story dwelling unit totaling 3,131 square feet inclusive of attached garage, porch and a detached garage. Total air conditioned space is 2,164 square feet. The minimum dwelling size required by the SF-1A/30 District is 3,000 square feet, exclusive of garages. The property to the east is .949 acres in size with a total living space of 3,539 square feet. The property to the west is 2.876 acres in size with a two story dwelling unit totaling 1,500 square feet of living space and several accessory buildings on the property. A single family dwelling unit with a total livable space of 1,588 square feet occupies .717 acres southeast of the subject property and fronts Ballard Avenue. Page 1 of 2 Page 2 of 2 CONSIDERATIONS: 1. How other areas designated for similar development will be, or will unlikely be affected by approving the proposed amendment to the zoning map. 2. A zoning classification of SF-1A/30 is in conformance with the Comprehensive Plan. 3. Due to the limited width of the platted property, the lot width can not be met to satisfy the requirements of the Zoning Ordinance. 4. All territory annexed into the city shall be temporarily classified as A/30 (Agricultural District), until permanent zoning is established by the Council. Consider permanent zoning for adjacent properties with existing development. The Planning and Zoning Commission approved the request 5-0. Notification/Responses: Six (6) notifications were mailed, with one written responses favoring the request returned at the time of posting. Approved By Initial Date Department Director RO 11/08/06 City Manager U/10A )( )S/IN ORDINANCE NO. 2006-65 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 2006-14, FROM AGRICULTURAL (A) DISTRICT TO A PERMANENT ZONING CLASSIFICATION OF SINGLE FAMILY — 1A/30 (SF-1A/30) FOR PROPOSED SINGLE FAMILY RESIDENTIAL USES; 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 permanent zoning classification of Single Family — 1A/30 (SF-1A/30), said property being described in Exhibit "A", and Exhibit "B" Zoning Exhibit 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.2006-65 Zoning Case 2006-14(Blakey) 1 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 14th day of November, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—November 22, 2006 Ordinance No. 2006-65 Zoning Case 2006-14(Blakey) 2 Exhibit"A" Legal Description ZC2006-14 OWNER'S CERTIFICATE COUNTY OF COLLIN )( STATE OF TEXAS )( WHEREAS Cloy Blakey is the owner of o tract or parcel of land situated in the City of Wylie, Collin County, Texas, being port of the Henry L. Douglas Survey Abstract Number 292 and being part of that tract of land described in deed to said Cloy Blakey recorded in Volume 5648, Page 1159 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 'A inch iron rod with yellow cop found for corner in the southerly right—of—way line of Alanis Drive (a 60 foot wide right—of—way), said iron rod being the present northeasterly corner of said Clay Blakey tract and the present northwesterly corner of that tract of land described in deed to James L. Blakey and Alice L. Blakey recorded in Volume 2390, Page 66 of the Deed Records of Collin County, Texas; THENCE South 01'00'00" West along the common line of said Cloy Blakey and James L. Blakey and Alice L. Blakey tracts, passing at 201.12 feet a 5/8 inch iron rod found at the southwesterly corner of said James L. Blakey and Alice L. Blakey tract and the northwesterly corner of that tract of land described in deed to Jeremiah Justus recorded in Volume 4800, Page 1408 of the Deed Records of Collin County, Texas and along the common line of said Clay Blakey and Jeremiah Justus tracts, in all, a total distance of 358.84 feet to a 34 inch iron rod with cop stomped "LONE STAR" set for carrier in the northerly line of that tract of land described in deed to Peter L. Nicklos and Sue Nicklos recorded under County Clerk's File Number 94-0024430, Deed Records of Collin County, Texas, said iron rod being the southeasterly corner of said Clay Blokey tract and the southwesterly corner of said Jeremiah Justus tract; THENCE North 88'34'00" West along the common line of said Cloy Blakey and Nicklos tracts a distance of 213.56 feet to a 34 inch iron rod found for corner, being the southeasterly corner of said Cloy Blakey tract and the southeasterly corner of that tract of land described in deed to Timothy Tye and Koren Tye recorded in Volume 123D, Page 749 of the Deed Records of Collin County, Texas; THENCE North 01'00'00" East olong the common line of said Cloy Blakey and Tye tracts a distance of 353.62 feet to a 34 inch iron rod with cap stamped "LONE STAR" set for corner in said southerly right—of—way line of Alonis Drive, being the present northwesterly corner of said Clay Blakey tract and the present northeasterly corner of said Tye tract; THENCE South 89'58'OD" Eost olong said southerly right—of—way line of Alanis Drive and the present northerly line of said Cloy Blakey tract a distance of 213.58 feet to the POINT OF BEGINNING and containing 76,072 square feet or 1.746 acres. p , v 5� , 5 1 __�-r a o a e 0 5:El .23 / Subject �— __ --1Y u i3c.e�is' - .__ Properly _` y j 1ly i i ' Ala Drive Mw:s Drive c �: ,---ram a -_ Jl J I ``• 77 COlomoi woe • • --9 h t L 1 ihr,1/41”. .... . . 12 ,.., T..r LOCATION MAP ZONING CASE #2006-14 • ..--- • . .- . -‘,9,,,,,...-... , - . .. 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NOTIFICATION REPORT APPLICANT: Clay Blakey APPLICATION FILE #2006-14 PO Box 434 Wylie,Texas 75098 # BLKIABST LOT/TRACT TAX I.D.# PROPERTY OWNER NAME ADDRESS Applicant PO Box 434 1 Clay Blakey Wylie,Texas 75098 306 Alan's Drive 2 Abst.292 Tract 7 R-6292-000-0070-1 Timothy Tye Wylie,Texas 75098 1502 S,Ballard Avenue tr 3 Abst.292 Tract 19 R-6292-000-0190-1 James Blakey Wylie,Texas 75098 Virginia Foote PO Box 449 4 Abst.267 Tract 8 R-6267-000-0080-1 Catharine Frey Mountvi'le,PA 17554 Blakey Addn PO Box 434 5 Bik A Lot 1 R-9087-00A-0010-1 Clay Blakey Wylie,Texas 75098 Blakey Addn PO Box 434 6 Bik A Lot 2 R-9087-00A-0020-1 Clay Blakey Wylie,Texas 75098 1 7 8 9 F 10 11 12 13 14 15 16 C)• 4-ors r--At1Atr,1 I' 17 ...,` 1 1- L A[an,e, pr,v6. —( )L___. _ µ=, aTr ? i Rfgi'3f __ Ot-' Fde Ct Um 4-c, O A OWNER NOTIFICATION MAP - "°` ZONING CASE #2006-14 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 42006-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 7,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal Complex.2000 Highway 78 North,Wylie,Texas Name: jj'7 (please print a Address: ,e5P /�f�5 Signature: � �� i Date: /f�''/./ `1 . COMLMENTS: Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: 2. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: N/A Date Prepared: October 31, 2006 Budgeted Amount: N/A Exhibits: 8 Subject Hold a Public Hearing and consider, and act upon, Ordinance No. 2006-66 amending the zoning from Agricultural (A) to Planned Development(PD) District, two tracts generally located north of Alanis and west of S. Ballard Avenue and one tract generally located south of Alanis and west of South Ballard Avenue. ZC 2006-13 A Three-Fourths Majority Vote By Council Is Required To Approve The Request. (6 of 7) Recommendation Motion to deny,with prejudice Ordinance No. 2006-66 regarding a change in zoning from Agricultural (A) to Planned Development (PD)District. Discussion Applicant: Herzog Development Corporation The subject property consist of three tracts, two being north of Alanis and west of S. Ballard Avenue and one tract located south of Alanis and west of South Ballard Avenue. The applicant is requesting a change in zoning from Agriculture (AG) District to Planned Development(PD) District to allow for varied density residential development. In lieu of park fees or park dedication, the applicant proposes to dedicate to the City a twenty-foot wide strip of land from Alanis to the South line of Tract 1 adjacent to the city owned property for the construction of a street to provide access to the city owned property. The developer met with the Park Board on October 23rd. The Parks and Recreation Board voted 6-0 to deny the Parkland dedication request for the subject property. The Board asked the developer to resubmit a proposal that outlined all expenses for the road and any other improvements that could be done that would total the amount of fees required as part of the dedication. Tract 1 is 28.333 acres in size and will gain access into the subdivision from S. Ballard. Tract 1 will consist of 17 lots developed as SF-20 type, and 61 lots developed as SF-10. Tract 2 is 20.34 acres in size and will gain direct access from Alanis Drive to the south and tie into Windcrest Drive within the existing Westwind Meadows Subdivision to the north. Tract 2 will consist of 67 lots developed as SF-8.0 type and a maximum of 53 lots developed as SF-9.0 for both Tracts 2 & 3 combined. Tract 3 is 38.67 total acres. The applicant is presenting two options. Option "A", to be developed as all single family dwelling. Option "B" will consist of 30.87 acres developed as single family and 7.8 acres developed as commercial development. Option "A" would allow for 93 lots developed as SF-8.0 type,with Option`B" allowing 66 SF-8.0 type lots. The Conditions of the PD proposes to accommodate a variety of single family residential land uses and densities. Lot sizes shall range from a minimum of 7,650 square feet to 20,000 square feet. Dwelling sizes shall range from a minimum dwelling size of 2,000 square feet to a maximum of 2,800 square feet. Page 1 of 2 Page 2 of 2 Total lots not to exceed 290 units without commercial development, and 264 maximum units with commercial development. The PD Conditions outline a minimum dwelling size adjustment where the dwelling size allowed is subject to the interest rate based upon the Fannie Mae Posted Yields on 30 year Mortgage Commitments. If approved, the minimum dwelling size could be 1,850 square feet on twenty-five percent (25%) of the lots if the interest rate is 7.5%or greater. Option "B" would accommodate office, retail and commercial service-related uses for the neighborhood residents. The commercial tract shall not exceed eight(8) acres in size. However, if the tract is not developed as commercial, it may be developed as a residential area in accordance with the SF-9.0 and SF-8.0 as outlined in the PD Conditions Section 2.0. The commercial tract if developed shall be in accordance with the development standards as defined in Article 4 Nonresidential District Regulations, Section 4.1 Commercial Districts, A. Neighborhood Service District (NS), of the Zoning Ordinance adopted November 2001 and Amended January 24, 2006. Prior to any development under this approved Planned Development District, a Development Plan for each phase must be submitted to the City of Wylie for approval. • The Development Plan shall suffice as the Preliminary Plat for the residential single family tracts or districts. • The Development Plan shall suffice as the site plan for nonresidential tracts or districts. • The Development Plan shall be approved by the Planning and Zoning Commission and the City Council prior to the issuance of any building permit for construction. In the event of a conflict between these Development Standards and the Development Plan, the Development Standards shall apply. Considerations: The Comprehensive Plan recommends the subject property be developed as low density residential consisting of lots one (1) acre or greater in size. The proposed plan as submitted does not conform to the recommendations of the Comprehensive Plan in regards to residential densities. Any reference to Park land dedication or fees in lieu of must be reviewed and approved by the Park Board, and is not a part of this request. If approved, the Mortgage Interest Rate will determine the house size which could allow a minimum dwelling size of 1,850 square feet or sixty-one percent smaller than that required by the zoning ordinance. Notification/Responses: Ninety-Three (93) notifications were mailed, with six written responses returned favoring the request and nine opposing the request at the time of posting. The Planning Commission voted 5-1 to recommend denial with prejudice to the City Council. Section 8.6.E.3 allows the Commission and/or Council to deny any request with prejudice. If a request is denied with prejudice, the same or substantially similar request may not be resubmitted to the City for one year from the original date of denial. A three-fourths majority vote by Council is required to approve the request. Approved By Initial Date Department Director PIM RO 11/06/06 City Manager 1 `% 10-6 ORDINANCE NO. 2006-66 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 2006-13, PLANNED DEVELOPMENT (PD) DISTRICT FOR SINGLE-FAMILY RESIDENTIAL DEVLOPMENT OF VARIED DENSITIES; 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 Planned Development (PD) District, said property being described in Exhibit "A", Exhibit `B" (PD Conditions), Exhibit "C" (Zoning Exhibit), and Exhibit "D" (Concept Plan Options A & B) 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.2006-66 Zoning Case 2006-13 (Herzog) 1 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 14`h day of November, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wylie News—November 22, 2006 Ordinance No.2006-66 Zoning Case 2006-13(Herzog) 2 EXHIBIT "A" TRACT ONE METES AND BOUNDS 28.23 Acres Richard Newman Survey, Abstract No. 660 City of Wylie, Collin County, Texas BEING a tract of land situated in the Richard Newman Survey, Abstract No. 660, in the City of Wylie, Collin County, Texas, being all of a called 28.333 acre tract of land described in deed to Collins Family Partnership, recorded in Collin County Clerk's File No. 98-0045469 of the Land Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8-inch iron rod with "KHA" cap set for the intersection of the west right -of-way line of Sachse/Ballard Road (called 60-foot wide right-of-way at this point) with the north line COLONIAL ACRES ESTATES, an addition to the City of Wylie, Collin County, Texas, according to the plat thererof recorded in Volume 6, Page 59 of the Map Records of Collin County, Texas, said point bears South 86°55'05" E, a distance of 30.02 feet to the northeast corner of said COLONIAL ACRES ESTATES; THENCE with northerly line of said COLONIAL ACRES ESTATES, North 86°55'05" West, passing at a distance of feet to a 1/2-inch iron rod found in the east right-of-way line of Estates Lane (called 60-foot wide public right-of-way), in all a total distance of 1770.07 feet to a 5/8-inch iron rod with "KHA" cap set for the southwest corner of the said 28.333 acre tract of land; THENCE with the west line of the said 28.333 acre tract, North 01°48'44" East, passing at a distance of 30.55 feet a point for an angle point in the most northerly east line of the 199.3963 acre tract of land described in deed to Woodbridge Properties, LLC, recorded in Collin County Clerk's File No. 97-0032076 of the Deed Records of Collin County, Texas; THENCE with the said easterly line of said the said 199.3963 acre tract, North 01°48'44" West, a distance of 671.37 feet to a 5/8-inch iron rod with "KHA" cap set one-foot north of a fence post for the northwest corner of the said 28.333 acre tract; THENCE with said northerly line of the said 28.333 acre tract, South 88°34'14" East, passing a 1/2-inc iron rod found for the southwest corner of the 7.32 acre tract at 733.37 feet, in all a total distance of 1760.20 feet to a 5/8-inch iron rod with "KHA" cap set in the west right-of-way line of Sachse/Ballard Road (called 60-foot wide right-of-way); THENCE with the said west right-of-way line, South 01°03'40" West, a distance of 722.41 feet to the PLACE OF BEGINNING and containing 28.2327 acres of land Bearing system based State Plane Coordinate, North Central Texas Zone along the northerly boundary line of Colonial Acres Estates (North 86°55'05"West) TRACT TWO METES AND BOUNDS 20.34 Acres E. C. Davidson Survey, Abstract No. 267 City of Wylie, Collin County, Texas BEING a tract of land situated in the E. C. Davidson Survey, Abstract No. 267, in the City of Wylie, Collin County, Texas, and being a part of the called 13.7572 acre tract of land described as Tract 1 and part of the called 7.69 acre tract of land described as Tract 2 to Harry F. Tibbals, Jr., Bobbie St. John Dean and the Estate of Melvin Kennard St. John in deed recorded in Volume 05082, Page 01689 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod set with cap stamped "KHA" in the west line of the 54.59 acre tract of land described in deed to Melvin K. St. John and H.F. Tibbals, Jr., recorded in Volume 1515, Page 001 of the Land Records of Collin County, Texas for the southwest corner WESTWIND MEADOWS No. 3, an addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet F, Page 643 of the Map Records of Collin County, Texas; THENCE with the south line of said WESTWIND MEADOWS No. 3, North 89°48'43" East, a distance of 140.12 feet to a 5/8-inch iron rod set with cap stamped "KHA" set in the west right-of-way line of Stoneybrook Drive (a 50-foot wide public right-of-way) dedicated by plat to the City of Wylie, recorded in Cabinet F, Slide 643 of the Map Records of Collin County, Texas for southeast corner of Lot 11, Block 1 of WESTWIND MEADOWS No. 3; THENCE with the said west right-of-way line, South 00°11'17" East, a distance of 5.00 feet to a 5/8-inch iron rod set with cap stamped "KHA" in the south right-of-way line of Windcrest Drive (a 50-foot wide public right-of-way) dedicated by plat to the City of Wylie, recorded in Cabinet F, Slide 643 of the Map Records of Collin County, Texas; THENCE with the said south right-of-way line, South 89°34'15" East, a distance of 1158.98 feet to a 5/8-inch iron rod set with cap stamped "KHA" in an established fence line on the common line of the said 54.59 acre tract and the west line of the 40 5/8 acre tract described in deed to Virginia Stone and Catherine Stone Frey, recorded in Volume 547, Page 43 of the Deed Records of Collin County, Texas for the southeast corner of WESTWIND MEADOWS No. 3; THENCE with said common line of said tracts and along an established fence line, South 00°10'28" East, a distance of 529.24 feet to a 5/8-inch iron rod set with cap stamped "KHA" for the intersection of the north line of the called 1.000 acre tract described in deed to Danny P. Seller and Marion G.F. Small, recorded in Collin County Clerk's File No. 96-0104910 of the Land Records of Collin County, Texas with the east of the beforementioned 7.69 acre tract; THENCE with the north line of the said 1.000 acre tract, South 88°59'25 " West, a distance of 205.10 feet to a 1/2" iron rod found for the northwest corner of the said 1.000 acre tract; THENCE with the west line of said tract, South 00°10'28" East, a distance of 153.33 feet to a 5/8-inch iron rod set with cap stamped "KHA" in the north line of the called 0.103 acre tract of land described in deed to the City of Wylie for Alanis Drive (120-feet wide public right-of-way at this point), recorded in Volume 6023, Page 00105 of the Land Records of Collin County, Texas; THENCE with the north right-of-way line of Alanis Drive, North 89°45'52' West, a distance of 524.49 feet to a 5/8-inch iron rod set with cap stamped "KHA" in the north line of the 1.5090 acre tract of land described in Exhibit "A" of the deed to the City of Wylie for Alanis Drive, recorded in Collin County Clerk's File No. 92-0011354 of the Land Records of Collin County, Texas, said point being in a curve to the left; THENCE with the north right-of-way line of said Alanis Drive, the following courses and distances to wit: --Westerly, with the said curve to the left, through a central angle of 11°01'36', having a radius of 920.00 feet and a chord bearing and distance of South 84°43'20" West, 176.78 feet, an arc distance of 177.06 feet to a 5/8-inch iron rod set with cap stamped "KHA" for the end of said curve; --South 79°12'31"West, a distance of 399.06 feet to a 5/8-inch iron rod set with cap stamped "KHA" in the west line of the 13.7572 acre tract and the east line of the 3.558 acre tract of land described in deed to Edna Joyce Pockrus, recorded in Volume 3175, Page 185 of the Land Records of Collin County, Texas; THENCE with said common line of the said 54.59 acre tract and the 3.558 acre tract and along an established fence line part of the way, North 00°14'12" West, a distance of 627.93 feet to a 5/8-inch iron rod set with cap stamped "KHA" for angle point in the west line of the 54.59 acre tract, said point being the easterly common corner of the said 3.558 acre tract and the called 10.01 acre tract described in deed to Raynor Manufacturing Company, recorded in Volume 2020, Page 322 of the Land Records of Collin County, Texas; THENCE with the common line of the said 54.59 acre tract and 10.01 acre tract, North 00°22'12" West, a distance of 135.35 feet to the POINT OF BEGINNING and containing 19.9446 acres of land. Bearing system per the State Plane Coordinate, North Central Texas zone. TRACT THREE METES AND BOUNDS 38.68 Acres E. C. Davidson Survey, Abstract No. 267 City of Wylie, Collin County, Texas BEING a tract of land situated in the E. C. Davidson Survey, Abstract No. 267, in the City of Wylie, Collin County, Texas, and being a part of the called 40-5/8 acre tract of land described in deed to Virginia Stone and Catharine Stone Frey, recorded in Volume 547, Page 43 of the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod set with cap stamped "KHA" (hereinafter called 5/8" iron rod set) for the westerly end of the corner clip at the intersection of the north line of the 1.196 Acres described in deed to the City of Wylie for Alanis Drive (60' Public Right- of-Way), recorded in Volume 5654, Page 00528 of the Land Records of Collin County, Texas with the west line of Sachse/Ballard Road (Old FM Highway 78) (60' Public Right- of-Way); THENCE with the north right-of-way line of Alanis Drive as follows: --North 89°53'28"West, a distance of 986.52 feet to a 5/8" iron rod set for corner; --North 89°45'50" West, a distance of 149.03 feet to a 5/8" iron rod set in the east line of the called 1.000 acre tract of land described in deed to Danny P. Seller and Marion G.F. Small, recorded in Collin County Clerk's File No. 96-0104910 of the Land Records of Collin County, Texas; THENCE along the east line of said 1.000 acre tract and the east line of called 7.69 acre tract referred to as Tract II, described in deed to Harry F. Tibbals, Jr., Bobbie St. John Dean and the Estate of Melvin Kennard St. John, recorded in Volume 05082, Page 01689 of the Land Records of Collin County, Texas and the east line of Westwind Meadows No. 3 an addition to the City of Wylie, Collin County, Texas according to the plat thereof recorded in Cabinet F, Slide 643 of the Map Records of Collin County, Texas, North 00°10'28" West, a distance of 1443.17 feet to a 5/8" iron rod set for the southwest corner of Westwind Meadows, an addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet B, Slide 205 of the Map Records of Collin County, Texas; THENCE with the south line of said Westwind Meadows, South 89°30'11" East, a distance of 1186.00 feet to a 5/8" iron rod set for corner in the west right-of-way line of said Sachse/Ballard Road; THENCE with the said west right-of-way line of said Sachse/Ballard Road South 01°03'40" West, a distance of 1416.23 feet to a 5/8" iron rod set for the northerly end of the corner clip at the intersection of the north right-of-way line of Alanis Drive with the west right-of-way line of Sachse/Ballard Road; THENCE with said corner clip, South 45°35'06" West, a distance of 27.70 feet to the POINT OF BEGINNING and containing 38.68 acres of land. EXHIBIT "B" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (ZONING CASE 2006- ) 1.0 PLANNED DEVELOPMENT DISTRICT Purpose: The purpose of this Planned Development District is intended to provide for the mixing and combining of uses allowed in various districts with appropriate land use regulations and devel- opment standards. Each permitted use is planned, developed or operated as an integral land use unit while providing flexibility in the use and design of land and buildings where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly in- consistent with the planning on which it is based and will not be harmful to the neighborhood. The flexibility provided in the detailed provisions outlined in this Planned Development District allow for additional expansion of the creative and innovative concepts of the previously approved Woodbridge zoning ordinance. The allowable use of a combination of these districts provides for the enhancement and implementation of the City's vision of master planned communities. The use of existing creative development goals and objectives and the recent revisions to the zoning ordinance, combined with the additional flexibility provided by the use of selective en- hancements allowed by the use of a Planned Development District,provide for a unique and creative addition to an existing master planned community development which has proven to be of benefit to the City as a whole. 2.0 PLANNED DEVELOPMENT DISTRICT - RESIDENTIAL DISTRICTS 2.01 General Description: The residential tracts within this Planned Development District are intended to accommodate a variety of single family residential lot and house sizes. They are designed to provide a unique life style and the amenities that are afforded those living in a large master planned community. The various neighborhoods are designed to appeal to the needs of the young professional, the single parent, the new and established family with children, the empty nester and the retired. Any reference within this Planned Development District Development Standards to the City of Wylie Zoning Ordinance shall be that certain City of Wylie Zoning Ordinance No. 2001-48 ap- proved November 11, 2001 as amended to include all ordinances through Ordinance No. 2006-53 approved August 22, 2006. 1 2.02 Lot Type by Tract: Tract 1 shall be developed as SF-20.0 and SF-10.0. Tract 2 shall be developed as SF-7.65. Tract 3 shall be developed as SF-9.0 and SF-8.0. 2.03 Permitted Uses: Land uses permitted within the single family residential categories designated as SF-20.0, SF- 10.0, SF-9.0, SF-8.0 and SF-7.65 identified on Exhibit "D" Conceptual Plan attached hereto, which are shown in Article 5 Use Regulations, Section 5.1 Land Use Charts, Figure 5-3 Land Use Tables, Residential Districts, Medium-Density Residential as defined in the City of Wylie Zoning Ordinance to include the following additions: • Private recreation facilities and buildings for homeowner use. • Real estate sales offices and model homes during the development and marketing of the residential areas. • Temporary buildings, advertising signs,parking lots, temporary concrete batch plants and uses incidental to construction work and sales promotions on the premises, which shall be removed upon completion. 2.04 Density and Lot Mix: The total maximum number of single family residential units without commercial development shall not exceed 290 units. The number of lots in each lot type is as follows: Lot Type No. of lots Tract No. SF-20.0 17 1 SF-10.0 61 1 SF-9.0 52 2 & 3 SF-8.0 93 3 SF-7.65 67 2 The total maximum number of single family residential units with commercial development shall not exceed 264 units. The number of lots in each lot type is as follows: Lot Type No. of lots Tract No. SF-20.0 17 1 SF-10.0 61 1 SF-9.0 53 2 & 3 SF-8.0 66 3 SF-7.65 67 2 2 2.05 Single Family Lot Regulations: 1. Lot Area. The minimum permitted lot areas are as follows: Lot Type Lot Area SF-20.0 20,000 square feet SF-10.0 10,000 square feet SF-9.0 9,000 square feet SF-8.0 8,000 square feet SF-7.65 7,650 square feet 2. Lot Width. The minimum permitted lot widths are as follows: Lot Type Lot Width SF-20.0 100 feet SF-10.0 80 feet SF-9.0 60 feet SF-8.0 60 feet SF-7.65 60 feet 3. Lot Width on Corner Lots. The minimum permitted lot widths on corner lots are as fol- lows: Lot Type Lot Width SF-20.0 100 feet SF-10.0 90 feet SF-9.0 70 feet SF-8.0 70 feet SF-7.65 70 feet 4. Lot Depth. The minimum lot depths are as follows: Lot Type Lot Depth SF-20.0 200 feet SF-10.0 110 feet SF-9.0 120 feet SF-8.0 110 feet SF-7.65 115 feet 5. Front Yard Setback. The minimum front yard setbacks are as follows: Lot Type Main Structure Accessory Structure SF-20.0 25 feet 25 feet SF-10.0 25 feet 25 feet SF-9.0 20 feet 20 feet SF-8.0 20 feet 20 feet SF-7.65 20 feet 20 feet 3 6. Rear Yard Setback. The minimum rear yard setbacks for standard and double frontage lots are as follows: Lot Type Main Structure Accessory Structure SF-20.0 20 feet 10 feet SF-10.0 25 feet 5 feet SF-9.0 20 feet 5 feet SF-8.0 20 feet 5 feet SF-7.65 20 feet 5 feet 7. Side Yard Setback. The side yard setbacks are as follows: Lot Type Side Yard Side Yard Corner Lot Side Yard Main Structure Accessory Adjacent to a Street Structure Main &Accessory Structure SF-20.0 10 feet 10 feet 20 feet SF-10.0 10 feet 5 feet 20 feet SF-9.0 5 feet 5 feet 15 feet SF-8.0 5 feet 5 feet 15 feet SF-7.65 5 feet 5 feet 15 feet 8. Main Structure Building Height. The maximum building height of the main structure shall be forty(40) feet or two (2) stories. 9. Accessory Structure Building Height. The maximum building height of any accessory building structure shall be fourteen(14) feet. 10. Minimum Dwelling Unit Size. The minimum area of the main building structures, exclu- sive of porches, garages,breezeways and porticos are as follows: Lot Type Main Building Structure Area SF-20.0 2,800 square feet SF-10.0 2,600 square feet SF-9.0 2,400 square feet SF-8.0 2,200 square feet SF-7.65 2,000 square feet 11. Minimum Dwelling Unit Size Adjustment. The Minimum Dwelling Size requirements as shown above for all Lot Types are subject to the following: a. The interest rate is based upon the Fannie Mae Posted Yields on 30 year Mortgage Commitments (priced at par for delivery within 30 days) as the "Mortgage Interest Rate" as published in the Wall Street Journal. 4 ...II.' Jar aaacr. / i , FJ @x Ili / �'„ EXHIBIT "A" gi ii PLUM WI./AVM 1 i .c r. K� Q� I II W EI , II I Maaa,i `i li I J % I I a 11 I � / ` . S I "� a GRAPHIC SCALE ❑�$ Wan�.r , itill' i TRACfTFiREE 1.1 gal KUM eaacr. , / ;i a - _ -- 3888ACRES — sr. \2 �: R ct 43 w. II 4 � pTWOolt:v a 1 1�� 20.94ACRES § : V2 o...a.PM O ATIA 1 ti dkra• 13�� • o-rror.b. W s n"� uaar. r.cec �•y R�9I0.00' 4 2, yrly E��9 U 1 I 1 7).e6' b� aw r. rJ.�CJ AA a Y mu.gg„11.3Ccr. I I �� p-lyay 5l•-11-S17y'__ ' �-' CU O -`__ N. A'¢c�A• // �T/- -Jy9 __ _ .. . _-_. - __-- $�' sr-'.'.w�'�.aG.. _ ash Er °.«srtaw�m r�'ia w ! is-,�'— a« �lr'.ao b. (�{ .,.d..ca//�/ "•^c: a..r.eoctrcrrcr,.0 4a�, ;P.. ��' .acc.. ;/;9.,,v/c/i �pgc / e �' n LSI AO. 1•AJI61 MAW ////� ,../ / CITY OF WYLIE, , cc mg,"..... �' • / / / / M.ARUM 2.03 TRACT ONE ili y ucc r.///// //// 2B.33 ACRES i '• O , / .,�• .:c: t. 1IT 111111111111111; a_t •" MIN AtAl2 nCg . AA ° SI1I1111C :E p aaa�r. g Y Y o �� _ ®� a %oufla6j �O /1111111 NN) ■ .aGc, SHEET` h tI ayngme ""' AM rrde..«�`w..�a. of 2 °1 b. The Mortgage Interest Rate will be reviewed on January 1st and July 1st of each calendar year, or if such date shall fall on a Saturday, Sunday or holiday, the first business day thereafter. In the event the Mortgage Interest Rate published on the above defined dates is 6.49% or less, or from 6.5% to 6.99%, 7.0% to 7.49%, 7.5% or greater, the Minimum Dwelling Size requirement will be adjusted in ac- cordance with the following schedule: Less than 6.49% 6.5% to 6.99% 7.0%to 7.49% 7.5% or greater Lot Type Interest Rate Interest Rate Interest Rate Interest Rate SF-20.0 2,800 2,700 2,600 2,500 SF- 10.0 2,600 2,500 2,400 2,300 SF-9.0 2,400 2,300 2,200 2,100 SF-8.0 2,200 2,150 2,100 2,050 SF-7.65 2000 1950 1900 1850 c. The date of the contract for the purchase of the home shall be the effective date of any Minimum Dwelling Size adjustment for any specific lot. It shall be the re- sponsibility of the builder to provide the building inspection department with a copy of the fully executed contract for the purchase of a home on a lot, if needed, to substantiate the date on which the contract was written for the issuance of a building permit d. In no event shall the Minimum Dwelling Size be lower than shown for the 7.5% or greater interest rate as shown above. e. Within three (3)business days of the Mortgage Interest Rate review date defined in (c) above, it shall be the responsibility of the developer to notify, in writing, the city building inspection department and each builder of the status of the Mortgage Interest Rate. f. It shall be the responsibility of each builder to apply for building permits on spec homes at least fourteen(14) days prior to the end of any given six (6) month pe- riod in anticipation of any potential Mortgage Interest Rate change. 5 3.0 PLANNED DEVELOPMENT DISTRICT -NONRESIDENTIAL DISTRICT Commercial District 3.01 General Description: The commercial tract within this Planned Development District in Tract 3, not to exceed 8 acres, within the proximity of the residential land uses is intended to accommodate the development of office, retail and commercial service-related uses for the neighborhood residents. If this tract is developed as a commercial tract; the tract will be developed in accordance with this Section 3.0. If this tract is developed as residential, the tract will be developed in accordance with the residen- tial standards for Tract 3 above. 3.02 Permitted Uses: Permitted uses within the commercial tract when developed as a nonresidential area shown on Exhibit "D" Conceptual Plan, shall include those uses allowed in Article 5 Use Regulations, Sec- tion 5.1 Land Use Charts, Figure 5-3 Land Use Tables, Non-Residential Districts, Commercial, NS Neighborhood Services and Section 5.2 Listed Uses as defined in the Zoning Ordinance of the City of Wylie. Permitted uses within the commercial tract when developed as a residential area shown on Ex- hibit "D" Conceptual Plan, shall be in accordance with Section 2.03 above. 3.03 Neighborhood Services (NS): The commercial tract designated as NS is to be developed in accordance with the development standards as defined in Article 4 -Nonresidential District Regulations, Section 4.1 Commercial Districts, A. Neighborhood Service District (NS) in the Zoning Ordinance of the City of Wylie. 3.04 Nonresidential Design Standards: The commercial tract,when developed as Neighborhood Services (NS) shall be developed in ac- cordance with Figure 4-6 Site Design Requirements, Figure 4-6 Landscaping Design Require- ments and Figure 4-8 Architectural Design Requirements in the Zoning Ordinance of the City of Wylie. 3.05 Parking Design Requirements: The parking design requirements for the width of aisles or lanes in parking lots are as fol- lows: • A one-way aisle shall be a minimum of 20 feet wide. • A two-way aisle shall be a minimum of 24 feet wide. 6 4.0 PLANNED DEVELOPMENT - GENERAL CONDITIONS 4.01 Conformance to the Wylie Zoning Ordinance: Except as amended herein, this Planned Development District shall conform to any and all appli- cable articles and sections of the City of Wylie Zoning Ordinance No. 2001-48 approved No- vember 11, 2001 as amended to include all ordinances through Ordinance No. 2006-53 approved August 22, 2006. 4.02 Procedures of the Planned Development District: The Zoning Exhibit, Conceptual Plan and Development are defined as follows: a. Zoning Exhibit: • The legal description of the property is hereby attached as Exhibit"A". A Zoning Ex- hibit is hereby attached as Exhibit "C" and made a part of the approval for this Planned Development District b. Conceptual Plan: • The Conceptual Plan is hereby attached and made a part of the approved Planned De- velopment District as Exhibit "D". c. Development Plan: • Prior to any development under this approved Planned Development District, a Devel- opment Plan for each phase must be submitted to the City of Wylie for approval. The Development Plan shall suffice as the Preliminary Plat for the residential single family tracts or districts. The Development Plan shall suffice as the site plan for nonresiden- tial tracts or districts. The Development Plan shall be approved by the Planning and Zoning Commission and the City Council prior to the issuance of any building permit for construction. In the event of a conflict between these Development Standards and the Development Plan, the Development Standards shall apply. 4.03 General Compliance: Except as amended by these conditions, development of property within this Planned Develop- ment must comply with the requirements of all ordinances, rules and regulations of the City of Wylie as they exist as of the date that this ordinance is signed by the City of Wylie . 4.04 Street Requirements: The minimum centerline radius for a Residential Type E shall be 150 feet. A sixty(60) foot wide strip of land in Tract 3 shall be dedicated for the widening of Alanis Drive. 7 4.05 Alleys: Alleys will be provided for lots developed in Tracts 2 and 3. The right-of-way width of an alley may be reduced to fifteen (15) feet when there is a five (5) foot wide utility easement in the rear or side yard of a lot adjacent to an alley. 4.06 Perimeter Screening Walls: Perimeter screening walls shall be constructed along Sachse/Ballard Road and Alanis Drive. The screening walls shall be of the same design and materials as the existing screening walls in Woodbridge. 4.07 Entry Signs: Entry signs may be constructed in the divided entries at the locations shown on the Concept Plan. The wooden sand blasted signs shall be constructed as shown on the attached Exhibit "A' to the Development Standards. 4.08 Park Fees/Dedication: In lieu of park fees or park dedication a twenty(20) foot wide strip of land from Alanis to the South line of Tract 1 adjacent to property owned by the City of Wylie shall be dedicated to the City of Wylie for the construction of a street to provide access to the city property. A residential street and an eight (8) foot wide concrete park trail will be constructed on the dedicated land and the city property from Alanis to connect to Highland Oaks Drive as shown on the Concept Plan. 4.09 Detention: Detention will not be required for the commercial tract as long as the storm drainage system for the development of the residential is sufficiently designed to accept the commercial property drainage. 4.10 Homeowners Association: Membership in Woodbridge Association, Inc., the existing homeowners association for Wood- bridge, is mandatory for all lot owners. G:\PROJECTS\Wylie\Woodbridge Northeast Alanis\Zoning\Development Standards\PD Development Standards v2 2006 09 13.doc 8 NOTIFICATION REPORT APPLICANT: Don Herzog-Herzog Development Corpora APPLICATION FILE #2006-13 9696 Skillman Street#210 Dallas,Tx. 75243 # BLK/ABST LOT/TRACT TAX I.D.# PROPERTY OWNER NAME ADDRESS Applicant-Don Herzog 9696 Skillman Street#210 1 Herzog Development Corporation Dallas,Texas 75243 Westwind Meadows 1 308 Stoneybrook Drive 2 Bik 1 I Lot 19 I R-1179-001.0190-1 Charles Ott Wylie,Texas 75098 Westwtnd Meadows 1 2718 Orchid Drive 3 Bik 1 I 20 I R-1179-001-0200-1 E Unwala Richardson,Texas 75082 Westwind Meadows 1 304 Stoneybook Drive 4 Bik 1 I 21 I R-1179.001-0210-1 Rosemary Larsen Wylle,Texas 75098 Westwind Meadows 1 302 Stoneybrook Drive I 5 Bik 1 I 22 ( R-1179.001.0220-1 Rodney Cooper Wylle,Texas 75098 Westwind Meadows 1 PO Box 56 6 Bik 1 I 23 I R-1179.001-0230-1 Harry F.liibbais Wylie,Texas 75098 Westwind Meadows 1 400 Stoneybrook Drive 7 Bk 2 I Lot 14 I R-1179-002-0140-1 Corrinna Reese Wylie,Texas 75098 Westwind Meadows 1 402 Stoneybrook Drive 8 Bik 2 I 15 I R-1179.002-0150-1 Joyce Spencer Wylie,Texas 75098 Westwind Meadows 1 404 Stoneybrook Drive 9 &k 2 I 16 I R-1179-002-0160-1 Simon Hamilton Wylie,Texas 75098 Westwind Meadows 1 406 Stoneybrook Drive 10 Bik 2 I 17 I R-1179-002-0170-1 Daniel Desandre Wylie,Texas 75098 Westwind Meadows 1 408 Stoneytook Drive g 11 Bik 2 I 18 I R-1179-002-0180-1 Alvaro Umana Wylie,Texas 75098 Westwind Meadows 1 500 Stoneybrook Drive 12 Bik 2 I 19 I R-1179-002-0190-1 Jamie Rumenapp Wylie,Texas 75098 Westwind Meadows 1 502 Stoneybrook Drive 13 Bik 2 I 20 I R-1179-002-0200-1 James Troy Wylie,Texas 75098 Westwind Meadows 1 504 Stoneybrook Drive 14 Bik 2 I 21 I R-1179-002-0210-1 Nathan Moore Wylie,Texas 75098 I Westwind Meadows 1 506 Stoneybrook Drive 15 Bik 2 I 22 I R-1179-002-0220-1 Martin Barbosa Wylie,Texas 75098 Westwind Meadows 1 508 Stoneybrook Drive 16 Bik 2 I 23 I R-1179-002-0230-1 Darrell Durbin Wylie,Texas 75098 Westwind Meadows 1 PO Box 661 17 Bik 2 I 24 I R-1179-002.0240-1 Wesley Scal is Wylie,Texas 75098 Westwind Meadows 1 602 Stoneybrook Drive 18 Blk2 I 25 I R-1179.002.0250-1 Jess Caudill Wylie,Texas 75098 Westwind Meadows 1 604 Stoneybrook Drive 19 BIk2 I 26 ( R-1179-002-0260-1 Barbara Bellah Wylie,Texas 75098 Westwind Meadows 2 606 Stoneybrook Drive 20 Btk2 ( 27 I R-1292-002.0270.1 Jason Etmus Wylie,Texas 75098 Westwind Meadows 1 PO Box 2045 X. 21 Bik 3 I lot 1 I R-1179-003-0010.1 Larry Schweng Pagosa Springs,CO 81147 Westwind Meadows 1 PO Box 2045 22 81k 3 I 2 I R-1 179-003-0020-1 Larry Schweng Pagosa Springs,CO 81147 Westwind Meadows 1 601 Stoneybrook Crive 23 Bik3 I 3 I R-1179-003-0030-1 Odell Qualls Wylie,Texas 75098 Weslwind Meadows 1 509 Stoneybrook Drive 24 Bik3 I 4 I R-1179-003-0040-1 Anthony Gouge Wyle,Texas 75098 - Weslv4nd Meadows 1 507 Stoneybrook Drive 25 81k 3 I 5 I R-1 179-003-0050-1 Jerry Jenkins Wyle,Texas 75098 Westwind Meadows I 505 Stoneybrook Drive 26 Bik 3 I 6 I R-1179-003-0060-1 Cheryl Parker Wyle,Texas 75098 Westwind Meadows 1 503 Stoneybrook Drive 27 BIk 3 I 7 I R-1179-003-0070-1 Oran Jones Wylie,Texas 75098 Westwind Meadows 1 501 Stoneybrook Drive 28 Bik 3 I 8 I R-i 179-003-0080-1 George Bentley Wylie,Texas 75098 Westwind Meadows 1 409 Stoneybrook Drive 29 elk 3 I 9 I R-1179-003-0090-1 Joshua Vicks Wylie,Texas 75098 Westwind Meadows 1 407 Stoneybrook Drive lc' 30 Bik 3 I 10 I R-1 179-003-0100.1 Frederick Hardin Wylie,Texas 75098 Westwind Meadows 1 405 Stoneybrook Drive t. 31 81k 3 I 11 I R-1 179-003-01 10-1 Bobby Cobern Wylie,Texas 75098 Westwind Meadows 1 403 Stoneybrook Drive 7( 32 Bik 3 I 12 I R-1 179-003.0120-1 George Ard Wylie,Texas 75098 Westwind Meadows 1 401 Stoneybrook Drive 33 Bik 3 I 13 I R-1 179.003.0130-1 Jennifer Spencer Wylie,Texas 75098 I Westwind Meadows 1 r 311 Stoneybrook Drive 34 Bik 3 I 14 I R-1179-003-014010-1 Lee Griffin Wylie,Texas 75098 Westwnd Meadows 1 309 Stoneybrook Dive 35 Bik 3 I 15 I R-1'79-003-0150-1 Bobby Pickens Wylie,Texas 75098 Westwind Meadows 1 307 Stoneybrook Drive 36 BIk 3 I 16 I R-1 179.003.0160.1 Marvin Cantrell Wylie,Texas 75098 Wesiwind Meadows 1 305 Stoneybrook Drive f 37 Bik 3 I 17 I R-1 179-003-0170-1 LW Self Wylie,Texas 75098 Weslwind Meadows I 303 Stoneybrook Drive 38 BIk 3 I 18 I R-1179-003-0180-1 Elpidia King Wyl e,Texas 75098 Westwind Meadows I 301 Stoneybrook Drive 39 Bik 3 I 19 I R-1 179-003-0190-1 Wayne Mayberry Wylie,Texas 75098 I Westwind Meadows 2 700 Westwind Way 40 Bik 3 I lot 20 I R-1292-003-0200-1 Nellie Leo Wylie,Texas 75098 Westwind Meadows 2 702 Westwind Way 41 Bik 3 I 21 I R-1292-003-0210-1 Jason Pons Wylie,Texas 75098 Westwind Meadows 2 609 Stoneybrook Drive 42 Bik 5 I Lot 4 I R-1292-005-0040-1 Charley Clark Wylie,Texas 75098 Westwind Meadows 3 704 Westwind Way 43 Blk 4 I Lot 1 1 R-2100-004-0010-1 Jason Salinas Wylie,Texas 75098 Westwind Meadows 3 706 Westwlnd Way 44 Bik 4 I 2 1 R-2100-004-0020-1 Anita Carrico Wylie,Texas 75098 Westwind Meadows 3 708 Westwind Way 45 Bik4 I 3 I R-2100.004.0030-1 FrankAre!lanes Wylie,Texas 75098 Westwind Meadows 3 710 WeshMnd Way 46 Bik 4 I 4 I R-2100-004-0040-1 Nick Thiertelder Wylie,Texas 75098 Westwind Meadows 3 712 Westwind Way 47 Blk 4 I 5 I R-2100.004-0050-1 Erin Pease Wylie,Texas 75098 Westwind Meadows 3 714 Westwind Way A 48 Blk 4 I 6 I R-2100.004-0060-1 Jil Woodall Wylie,Texas 75098 Westwind Meadows 3 716 Westwind Way 49 Blk 4 I 7 I R-2100-004-0070-1 Michael Rice Wylie,Texas 75098 Westwind Meadows 3 718 Westwind Way 50 Bik 4 I 8 I R-2100-004-0080-1 Jimmy Watson Wylie,Texas 75098 Westwind Meadows 3 720 Westwind Way 51 Bik 4 I 9 I R-2100-004-0090-1 Ronald Campbell Wylie,Texas 75098 Westwind Meadows 3 3986 FM 36 North 52 Blk 4 1 10 I R-2100-004-0100-1 Traci Gardner Farmersvtlle,Texas 75442 Westwind Meadows 3 703 Westwind Way 53 Bik 5 I Lot 1 I R-2100-005-0010-1 Obi°Henderson Wylie,Texas 75098 t Westw nd Meadows 3 705 Westwind Way 54 Bik 5 I 2 I R-2100-005-0020-1 Michael Wi':ks Wylie,Texas 75098 Westwind Meadows 3 707 Westwind Way 55 81k 5 I 3 I R-2100-005-0030-1 Bi'ly Reeder Wylie,Texas 75098 Westwind Meadows 3 709 Westwind Way 7( 56 Bik 5 I 4 I R-2100-005-0040-1 Warren Robertson Wylie,Texas 75098 Westwind Meadows 3 711 Westwind Way 57 Bik 5 I 5 I R-2100-005-0050-1 Rathania Pay Wylie,Texas 75098 Westwind Meadows 3 713 Westwind Way 58 Bik 5 I 6 I R-2100-005-0060-1 Timothy Epperson Wylie,Texas 75098 Westwind Meadows 3 715 Westwind Way 59 Bik 5 I 7 I R-2100-005-0070-1 Lonnie Penney Wylie,Texas 75098 Westwind Meadows 3 717 Westwind Way 60 Bik 5 I 8 I R-2100-005-0080-1 Amanda Montgomery Wylie,Texas 75098 Westwind Meadows 3 719 Westwind Way 61 Bik 5 I 9 I R-2100-005-0090-1 Henry Rowe II Wylie,Texas 75098 Westwnd Meadows 3 721 Westwind Way 62 Rik 5 10 R-2100-005-0100-1 Saul Hirschberg W l.e,Texcs 75098 Southplace#6 2314 Hebron Pkwy East 63 81k A Lot 1 R-8759-00A-0010.1 Colonnade Homes of Texas,LP Carrollton,Texas 75010 Southplace#6 218 West Wall Street 64 8Ik A 2 R-8759-00A-0020-1 Wylie South Place,LP Grapevine,Texas 76051 Southplace#6 218 West Wall Street 65 BIkA 3 R-8759-00A-0030-1 Wyie South Place,LP Grapevine,Texas 76051 Southplace#6 218 West Wall Street 66 elk B Lot 1 R-8759-008-0010-1 Wylie South Place,LP Grapevine,Texas 76051 Southplace#6 PO Box 1048 67 BIkB 2 R-8759-008-0020-1 Choice Homes,Inc. Arlington,Texas 76004 Twin Lakes#1 North Texas Municipal PO Box 2408 68 BIkA Lot 1 R-2z62-00A-0010-1 Water District Wylie,Texas 75098 Twin Lakes#1 103 Martin Drive 69 BikA 2 R-2/.62-00A-0020-1 Frank McNally Wylie,Texas 75098 Twin Lakes#1 PO Box 1802 70 B1kA 15 R-2z62-00A-0150-1 Cornerstone Baptist Church Wylie,Texas 75098 Twin Lakes#1 102 Martin Drive 71 Bik D Lot 47 R-2462-00D-0470.1 Randall Wallace Wylie,Texas 75098 Twin Lakes#1 North Texas Municipal PO Box 2408 72 BIk D 48 R-2462.00D-0480-1 Water District Wylie,Texcs 75098 Alanis Addition 1 71 1 Versailles Avenue 73 --- Lot 1 R-8339-000-0010-1 Nazir Odza Allen,Texas 75002 Virginia Foote PO Box 449 ( O 74 Abst 267 Tract 8 R-6267-000-0080-1 Catharine Frey Mountvi!le,PA 17554 Milord Founders,Ltd. PO Box 56 0 75' Abst 267 9 R-6267-000-0090-1 Bobbie Dean Wylie,Texas 75098 M`lford Founders,Ltd. PO Box 56 0 76 Abst 267 39 R-6267-000.0390-1 Bobble Dean Wyle,Texas 75098 435 Alan's Drive 77 Abst 267 68 R-6267-000-0680-1 Danny Sellers Wylie,Texas 75098 `s 12900 Preston Road,#1040 78 Abst 292 Trod 4 R-6292-000.0040-1 Bank Site Acquisition Corp Dallas,Texas 75230 6006 Pleasant Valley Road 79 Abst 292 5 R-6292-000-0050-1 Prances Campbell Wylie,Texas 75098 336 Alaris Drive 4 80 Abst 292 7 R-6292-000.0070-1 Timothy Tye Wylie,Texas 75098 PO Box 434 0 81 Abst 292 8 R-6292-000-0080-1 Clay Blakey Wylie,Texcs 75098 308 Alanls Drive 82 Abst 292 9 R-6292-000-0090-1 Jose Resendiz Wylie,Texas 75098 1502 S.Ballard Avenue [ (1 83 Abst 292 19 R-6292-000-0190-1 James Blakey Wyie,Texas 75098 2000 Highway 78 North 84 Abst 23 Tract 32 R-6023-000-0320-1 City of Wylie Vie,Texas 75098 2000 Highway 78 North 85 Abst 23 33 R-6023-000-0330-1 City of Wylie Wylie,Texas 75098 PO Box 650205 86 Abst 23 34 R-6023-000-0340-1 Enserch Corporation Dallas,Texas 75265 2000 Highway 78 North 87 Abst 23 39 R-6023-000-0390-1 City of Wylie Wylie,Texas 75098 2000 Highway 78 North 88 Abst 23 58 R-6023-000-0580-1 City of Wylie Wylie,Texas 75098 2000 Highway 78 North 89 Abst 23 63 R-6023-000-0630-1 City of Wylie Wylie,Texas 75098 No-th Texas Municipal PO Box 2408 90 Abst 23 67 R-6023-000-0670-1 Water District Wylie,Texas 75098 2000 Highway 78 North 91 i Abst 660 Tract 3 R-6660-000.0030-1 City of Wylie Wylie,Texas 75098 9696 Ski'Imand Street,#210 92 Abst 660 18 R-6660-000-0180-1 Woodaridge Properties,Inc. Dallas.Texas 75243 12900 Preston Road,#1040 93 Abst 860 Tract 13 R-6660-000-0130-1 Bank Site Acquisition Corp Dallas,Texas 75230 94 i i L.._,. ..._.. , I — I LJ�J—o -T------- 11 r �JStonevbrook may--t Urive m� '— 7—>�r—o —fie— � ram'1 _ —:, s A. 26,7 0 , : \' 0.0, _ 3- fr g J' 33 Slf-__ i '_ Windcrest Drive '- A.2l0 7 / i Enchanter ._.--i Tr 3 A. 26,7 a, Tr 39 o 0! McL1 i5 Alanis Drive % A onis Driv L �.._s Tr q ; 7 °g � 19 p o ux �Stkao- I L Id Ga i A. (fo0 A.2q2 Tr 3 , 'Fr 4 i rmrtS ._-_._. . 100-side Ciftl Li m i fS Colon of Drive = .a. 1 OWNER NOTIFICATION MAP 0. .- "` ZONING CASE #2006-13 ' PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 V/ I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2006-13. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006.6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: /✓r,(l iv,rl�t 32 GA,I (please print) Address: rfC•Cf1,• SAG I4nd.,i c—if;7"C 7/6% .i) // Signature: %'U•.JL /; r."J,//•cc_- Date: "��G�6'G' COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 tam FOR the requested zoning as explained on the attached public notice for Zoning Case#I2006-13. I ant AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 13. Date,Location&Tune of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday.November 14,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: .;.:;7.43:1".` e_ (pease print) Address: ‘..7,` NH A F.e• DOnoct5o,n A 65-i-cnc4 Ni;,), 2(t iirc,c1 3 Signature: ./!- . !•••L Date: JO COMMENTS: , J w'71(,) I ,, • „ 1 rne trf or(), 0'1 0.01,1( , 4:1 rr% n cct,-,. i h 4,1(c. 14, cen . , I • 'I)‘•( r n‹,qh 6e,i13),# - „ 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#2006-13. XI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: R E g t T, f- P-'gb,iu (please print) Address: 4() '7 5-7-0 Ai 6 y braak • u, t, y, /So58 t• Signature: cit2LeAA.tiLJ' Date: O c OI Z06JJ COMMENTS: (nN clt -,oNS. ©v/l fiwu 4,44 ize,s vd/is. L e ej,2eC�4Kf are J' W, '/9C , 60?,.. 7 ' b/tc7- 507 C r 1,44-0a.. 241)14c r^o - f, ,t Ae-,4)r Kws &Ik.e/4. wr'U 2 . w44Aj c4.r u hti AZ" ;;;i.e4)4.1/i +/,ll At,-,- `?"-, y Ld.e t N wtti/ 5�1 ( �S �? / clo F.,f r v 4'yc-1" ILI -(74-CG //45/tC( d t,s i� ,Pl' / f a N; d r �w wa N-•-' u( lW un�s testis,NA b�, . 1`� 2 ,1(7q Do S—a/66 —1 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 750 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2006-13. I am AGALNST the requested zoning as explained on the attached public notice for Zoning Case#2006- - 13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie.Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal(( Complex,2000 Highway 78 North,Wylie,Texas Name: go ni�/� 2) // (�!) j ase V /�/�y{� Address: 7 • f, / V J.AL/o/ i x, 75//� SignaturF: d" "' 7��`J may/ Date:1 /ci/1/ C.. COMMENTS: fil . ��1 S O/I��l1 i i/ey # -C)VO o.yo-/ # -�a .00fo-/ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 5/I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2006-13. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 8,41y (please print)/ tt 11 Address: 70 7 GU e S)'ut(At D .G 4-AL Jay ` 5<- 2 o9er Signature: Date: /O — & t'' COMMENTS: Li/ _44574,4_,_ use,9,--, t,t „y„., e 4A.. 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#2006-13. VI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal Complex, L 000 Highway 78 North,Wylie,Texas Name: WIrzeff N Z" ^ ti (please print) Address: 261 S760rn O ( r COV(. 7,?o Signature: Date: (0- COMMENTS: ,Je2 -A Know morn !aa?e.ur '11-1 f. G i v Go, •g ?u:t ct tFovse5 np- c I.47 Sr PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Ilighway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2006-13. "„.I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7.00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,I ncation&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal Complex,C 2000 Highway 78 North,Wylie,Texas .I Name: o\ r 5.. �7 l ` k..00()80..t o (please print) Address: l 14 v)e_s-k-uJ l Y\A U..), l t P Ty. 1 � Signature. 5 L __ Date: (0-(V)(4) COMMENTS: »(.0 ru-ILpA a)nc p)-1pe4,v iciciv of v\ IA. tr\tt) C©b, lo.}v.�t1 �.1ri .w f 4'VP. tOQ = Q.Ls r',-Cs ou.4 nigh )sr,he)nA.. w t Q Lf, k.(wtvtc\ 0F.,in pa-S re CY an ck 1p o i v-q CiA° . by S4 I. So rv>so. Li. oc 4-1rti5. _ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 am FOR the requested g aszoning explained attached e Zoning Case#20 I am AGAINST the requestedzonin as explainedon the on the attachedpublic publicnotic noticefor for Zoning Case#2006- 06-13. 13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North.Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (2ar(6/7 �,ics) / LID (please print) Address: �C �L �T11''"' �✓o,G Signature' Date: 70/i4;/ (2 COMMENTS: h�'.C �r �{ f/t -'li S tCli C -.O ...Li or f 01.erQ_ 11.b=U_5r:Oa ciAdit ot).`:, bur" } ei 4 4, fe-(0.4 ad -6r16. C nr1 .4.y,.- Ott cv�,o;,�% � �,z lc�� Wf (3 ,,, f L 2.te_r Rom' cg IcJ a. f 110�l� 10 t y'' rtL� Z r �jelLC- : /��/�t! lDrD/;; % •- -e-) r a.c1C 'fGdr OCT-17-2006 12:14 IRS TRS SEATTLE 206 220 6047 P.03 PUBLIC COMMENT FORM (Neese 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#2006-13. !�` I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 13. Date.Location&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: �A I 8 LA K (please print) boy, y 7� Address: /1) A L A N 1 S C�o• YL-,..6-,1-1(.6cti,,, Signature. Date: I0 "I G--O(, COMMENTS: h,{ ,y `/J An) op -t pm CPBos€,D o op—r(01A. &. TOTAL P.03 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 Y i am FOR the requested zoning as explained on the attached public notice for Zoning Cav#2006-13. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: t.J4IMPS ,9J4' - (please print) Address: AO Signature: f �/ u'✓` l Date: COMMENTS: OPT7011 / 1 1'a N Chit/ /j!'Tlz s -1' f);Abi 'M. 7,1J y)ic has T O maNrhv�res v� 7i/2 p a el CPIv5ed !o O 7tA/ ,�' G PUBLIC CO1VIIs$ NT FORM (Please hpe or mat black bl) Depanmext of Planning 2000 Highway 78 North Wylie,Texas 75098 1 the requested zoning as explained on the attached public notice for Zoning Case#2006-13. l am AGAINST the requested zoning as explained on the attached public notice for Zoning Case X2006- 13. Date.Location&Time of Planning& meeting: Sday.October 17,2006,7:00 pm Commission areedrrg: Municipal Complex,2000 Highway 78 North,Wylie,Texas Date.Location&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal 2000 Highway 78 North,Wylie,Terns Name: Xa�B vi/aiIIe ,1 efc Melt Address: Signature; Date /d 7/4 o 6 COMMENTS: Cb uo. Q n .�o r� ,/! .. I IwJ llfl2_,,Ll ai ��i C .gyp '/.. ic,12, Qts i J 9 J �d� .ate -- _ 19'2 ; /1J4 — / o ..) if-A-e 4-...-a74:er-ii-a,,-_-1 • _.e., a...-dee,-,764ex, 1. � - ci- -- / - u'- - - _ I 39Vel Nal3$300 9905Z9rus 85:TI son/9I/01 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#2006-13. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006.6:00 pm TjMunicipal Corn lex,2000 Highway 78 North,Wylie,Texas Name: VVnni ( s cer (Pleas(e/��[)J�t � p{�.�//y�y�� Address: gv i S•�'_' 1 19 axle,I Dr, tA) 1 UeJ Is m Signature: ALS A �I►:'A I Date: ID) 1! )w COMMENTS: 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#2006-13. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 13. Date,Lccation&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name ^i A'I"Y y :� D �/ G{t L F f2 (please print) Address: r Signature. : 3 ,P FLU^ Date: /t'/, ,,/ COMMENTS: 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#2006-13. V I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2006- 13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 17,2006,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 14,2006,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ,2CLD PI C KCt4.5 (please print)Address: _ C' S T D(LE`??3 2CO k. -D g. . Signature' fr.�ti/C�/Yr/2 Date: 16/3 4/6 6 COMMENTS: 0\\,. Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: 3. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 10/02/06 Budgeted Amount: N/A Exhibits: Resolution, Display Subject Tabled Item from October 10,2006 (MOTION TO REMOVE FROM TABLE): Consider, and act upon, approval of Resolution No. 2006-26(R) supporting an alignment for Parker Rd. (FM 2514) at the intersection of FM 1378. Recommendation Motion to approve Resolution No. 2006-26(R) supporting alignment option for Parker Rd. Discussion On September 14, 2006, a public meeting was held to discuss alignment alternatives for FM 2514 at the intersection with FM 1378. The Collin County engineering consultant — Birkhoff, Hendricks, and Conway — presented five alignment alternatives as shown on the attached display. The City of Wylie Thoroughfare Plan currently reflects alignment option 2. After the alignment is finalized, right of way documents will be prepared for the project. No construction funds are currently available to construct the realignment. At the October 10, 2006 City Council meeting this item was tabled to allow time for the Engineering Department to contact residents/businesses in the area to obtain more information regarding the proposed options. Approved By Initial Date Department Director CH 11/2/06 City Manager 11 t I 10--t Page 1 of 1 RESOLUTION NO. 2006-26(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RECOMMEND THE ALIGNMENT FOR FM 2514 (PARKER RD.) AT THE INTERSECTION WITH FM 1378. WHEREAS, FM 2514 serves as a major east-west thoroughfare for the City of Wylie; and WHEREAS, the intersection of FM 2514 and FM 1378 provides retail and commercial development for the City of Wylie and surrounding areas; and WHEREAS, the City of Wylie Thoroughfare Plan currently shows a realignment of FM 2514 at FM 1378; and WHEREAS, five alignment alternatives have been presented for FM 2514 as shown on Exhibit "A"; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council recommends Option for the alignment of FM 2514 at the intersection with FM 1378. SECTION 3: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas this the 14th day of November, 2006. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2006-26(R) Parker Road Alignment EXHIBIT "A" Alignment Display Resolution No.2006-26(R) Parker Road Alignment • • ! t 1' ar ! I, l ttllt +,t !Iit if' 1� �I'i ii.0 1 .• i f 1 1 I II1II8IW11I tilit11 •I1jg1t i1i1111 tt i t li I 1 ll'1U11'i, }{ 1 I I C I ii l l I ti 1;1 1 1 tr }a�t� 1I i t y *! �1lI•t1i 1!tumuli ! $ t1 1I11�0�1� (. : . r 1 !! 1 Ill1 1i ;1,. 1! 1 Il •11II11t{.II 1 ! I il.t ►iii tt at r i 1 � t 1{} it t}i ►{� •{s altltl�1.! �, � �7�; IN ,1 .1 8;I:aI 111IfIIi 1lIIi[ 1I iIiIif1Il!l• !ii Otriii t • r !►l 1111311 1{tt 1 1 IHI at j;�E�! iiF1i1�11 i � 1 t,Ii1 t 1 t* ttt3�hiiidilhllliillll : a lk [hiii'ill!I�r$1 1t114id,ti1.itI-i !i'•l iiiiIi;iiit '~ "it ! .14,-AI414 Y A ] AS NOStf711 : • WM -f/ 1 �'••� �..- _ram "" 1 .'1, ` - - , i ,, • `�'-+ �. i 1 -- :-.._ -Y-, '--- ' n --'---••w.-:`t'.--- -..------ •7 ,tip '- - .n -r i `:'�- :,.. s:,s!!+v__ 11` r �/ ` ..r s • :1 ,..q - .yes,' '' .1'7 s, �u .. 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"4. of frfrt:, ti. .rts,.;. ,• . . lito `. , \ ,t-,' :: . ., -•,-.:..,k .::,t,A.,'„.. :: r ..".. .s,_ .',',',1- 4 . 4*11 ,$.11,. ,.., . ,, „ ,. , '...- ii, lit* 1.-,.,, .‘,"; - .. ,, s , , , .....s,,.. ' A',1\ , •'.• , • '-, ..., : • - „, /-,,„-' ilt. -,:, ,,,, ,_,, , • - , .' t!..f. ' -,'• ,s • % '4' .,•',', -Y , 1 , i ‘`:. - . A. " i"VIlt ,,-',. 4/14 ' - '..1. ',"',';',1)- .` ' • i , - s'' .. ' Iti , trri-,--4 .••Lif:'+,- --a. -,i':-: ---- kf ' * ' • Afr ' i , . i 4, t 1. • ,• #,.:: 1 • . •wa 6 4, o 1 %*''''' f!,;Ift 1 ji• ., . ****41.144*' j . .. .- ' . .,c....ii.4,14 .. vitt 7," • ..',;.! ° • .,, . .. ,... v * 71 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: 4. Department: Finance (City Secretary's Use Only) Prepared By: Larry Williamson Account Code: Date Prepared: October 26, 2006 Budgeted Amount: First Southwest Company's Exhibits: Review Subject Tabled Item from October 10, 2006 (MOTION TO REMOVE FROM TABLE): Consider, and act upon, awarding the City's Bank Depository Contract for FY 2006-2010. Recommendation Recommend tabling this item to the December 12, 2006 City Council Meeting to allow time for the review and subsequent recommendations from First Southwest. Discussion The finance department solicited bids for the City's depository services through an RFP process. The solicitation included basis banking services, merchant banking services, lockbox services, and on-line banking services. The contract is for four years. Four banks responded: American National Bank, Inwood National Bank, Capital One Bank, and JP Morgan/Chase Bank. Each bank was evaluated with respect to cost and quality of their services. The complete analysis of the bids was included in your agenda package of October 10, 2006. During that meeting Council asked that the bids, analysis and evaluation prepared by the Finance Department be forward to the City's financial advisors for review. Their review is attached. The following is a summary result of the bids. Compensating Balance Overall Bidder Cost per Year Required Score JP Morgan Bank $43,965.96 $862,077.63 100 Capital One Bank $56,897.87 $1,126,690.58 74 Inwood National Bank $58,133.43 $1,162,668.55 72 American National Bank $60,568.91 $1,153,693.48 66 JP Morgan was also awarded the highest score for Quality of their services and on-line-banking capabilities. It is the Finance Department's recommendation to award the depository contract to JP Morgan Bank. Approved By Initial Date Department Director LW 11/7/96 City Manager ) ) lq/0 6 Page 1 of 1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: 5. Department: Fire-Rescue (City Secretary's Use Only) Prepared By: Steve Seddig, Fire Marshal Account Code: 100-5231-58850 Date Prepared: October 13, 2006 Budgeted Amount: Exhibits: Attached contracts quotes Subject Consider, and act upon, Ordinance No. 2006-64 amending Ordinance No. 2006-56 (2006-2007 Budget) and approving an appropriation of funds, in the amount of$132,462.72, for the purchase of radio interoperability equipment. Recommendation Motion to approve Ordinance No. 2006-XX amending Ordinance No. 2006-56 (2006-2007 Budget) and approving an appropriation of funds, in the amount of$132,462.72, for the purchase of radio interoperability equipment. Discussion The City of Wylie has been approved and will receive revenue from the 2005 UASI grant for radio interoperability upgrades in the amount of $132,462.72. This amendment would authorize the purchase of equipment to enhance radio interoperability communications upgrades to bring Wylie's current public safety, voice communications equipment into compliance with State of Texas and regional interoperability. The funds will be used to maintain our service to the citizens of Wylie by providing radio interoperability that meets current State of Texas and regional interoperability requirements. This amendment to the 2006-2007 City Budget authorizes the City of Wylie to use these revenues as intended by the authorizing revenue sources. This same expenditure cost was submitted in the budget amendment ordinance No. 2006-29 (2005-2006 budget). The City of Wylie was unable to purchase equipment due to the delay of approval from Department of Emergency Management DEM. DEM and North Central Texas Council of Government NCTCOG have approved the radio interoperable project. Approved By Initial Date Department Director NF 10/24/06 City Manager fflm (1 ! o t Page 1 ORDINANCE NO. 2006-64 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING ORDINANCE NO. 2006-56 (FY 2006-2007 BUDGET) AND APPROVING AMENDMENTS TO THE BUDGET TO ACCOUNT FOR REVENUES FROM URBAN AREA SECURITY INITIATIVE GRANT AND AUTHORIZING EXPENDITURE OF SAID FUNDS FOR THE PURPOSE OF PURCHASING RADIO INTEROPROBILITY COMMUNICATIONS EQUIPMENT; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ("Wylie") has investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2006-2007 Annual Operating Budget adopted by Ordinance No. 2006- 56 for the purpose of State of Texas and regionally compliant radio interoperable communications equipment Wylie Public Safety First Responders; and WHEREAS, the City Council has further investigated and determined that the appropriations are needed for the purpose of accounting for revenues from grants and State funds; and WHEREAS, the City Council has further investigated and determined that such an appropriation supports and furthers the public purpose of the citizens of the City of Wylie; and WHEREAS, the City Council has further investigated and determined that it will be beneficial and advantageous to the citizens of Wylie to amend the 2006-2007 Annual Operating Budget adopted by Ordinance No. 2006-56 for the purpose of providing for this additional appropriation. NOW, THEREFORE, BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 2006-56 (2006-2007 Budget). Ordinance No. 2006-56 (2006-2007 Annual Operating Budget) is hereby amended to allow for the following appropriation: That one-hundred thirty two thousand four-hundred sixty-two dollars and seventy-two cents ($132,462.72) received from the 2005 UASI grant; and that said funds be transferred to accounts 100-5641-58850, for added expenditures in the same total amount of$132,462.72 for State of Texas and regionally compliant radio interoperable communications equipment. Ordinance No.2006-64 Amending 2006-2007 Budget(UASI Radio Interoperability) 1 SECTION 3: Savings/ Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed; but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 14th day of November, 2006. John Mondy, Mayor ATTEST TO: Carole Ehrlich, City Secretary Ordinance No. 2006-64 Amending 2006-2007 Budget(UASI Radio Interoperability) 2 E \ co - 14) • , copy DIVISION OF EMERGENCY MANAGEMENT Office of the Governor RICK PERRY STEVEN McCRA NV Governor Director Mailing Address: Contact Numbers: Physical Address: Office of homeland Security PO Box 4087 512-424-2138 Duty Hours 5805 N.Lamar Blvd. Austin,Texas 78773-0220 512-424-2277 Non-Duty Hours Austin,Texas 78752 JACK COLLEY 512-424-2444 Fax Chief March 17,2006 The Honorable John Mondy Mayor,City of Wylie 2000 Hwy 78 N. Wylie,TX 75098 Dear Mayor Mondy: You are receiving the enclosed Grant Adjustment Notice for the 2005 Homeland Security Grant Program. This is being sent to you as the chief elected official for Wylie. The intent of the Grant Adjustment Notice is to aid in improvement of your jurisdiction's ability to enhance capacity of local jurisdictions to prevent,respond to and recover from acts of terrorism and natural disasters. The Grant Adjustment Notice must be signed by an individual authorized by the governing board of the jurisdiction or organization to accept grants and returned to GDEM in order to activate the grant. At the city and county level, individuals authorized to accept grants may include county judges, mayors, city managers, or chief financial officers. Other signatures will require an accompanying statement from the senior elected official authorizing the individual to sign for the jurisdiction. For agencies and organizations, authorized individuals typically include the Executive Director or Director. The deadline to return the signed Grant Adjustment Notice is April 30,2006. Please mail the signed Grant Adjustment Notice to: Governor's Division of Emergency Management Attention: SAA Section PO Box 4087 Austin,Texas 78773-0270 If you have any questions, or require further information regarding this award, please do not hesitate to contact Ben Patterson, SAA Section Manager at 512-424-7809. Sincerely, Jack olley Chief Enclosures: 2005 HSGP Grant Adjustment Notice GOVERNOR'S DIVISION OF EMERGENCY MANAGEMENT(GDEM) Grant Adjustment Notice For HOMELAND SECURITY GRANT PROGRAM (HSGP) Wylie I.SUB-RECIPIENT NAME AND ADDRESS: 4.SUB-AWARD NUMBER:2005 HSGP—80356 City of Wylie 5.PERFORMANCE/BUDGET PERIOD FOR 2000 Hwy 78 N. GRANTS: FROM Oct I,2004—Feb 28,2007 Wylie,TX 75098 2. FEDERAL GRANT TITLE: 6.DATE OF FEDERAL AWARD TO GDEM: 2005 HOMELAND SECURITY GRANT PROGRAM AUGUST 27,2005 3A. FEDERAL GRANT AWARD NUMBER: 7.AMOUNT OF SUBAWARD: 2005-GE-T5-4025 S272,100.00 3B. FEDERAL GRANTING AGENCY: 8.SUBAWARD DATE 9. ACTION OFFICE OF GRANTS AND TRAINING(G&T) OCTOBER 11,2005 GRANT ADJUSTMENT(I) DEPARTMENT OF HOMELAND SECURITY(DHS) This supersedes all awards. 10. SPECIAL CONDITIONS This Sub award is subject to the ODP FY 2005 Homeland Security Grant Program Guidelines and Application Kit. The Guidelines and Kit can be accessed at hup:iiwww.ojp.govifundopps.hmi. The ODP periodically publishes Information Bulletins to release, update, amend or clarify grants and programs which it administers. ODP's Information Bulletins can be accessed at hup://wwwojp.usdoj.gov/odpidocsibulletins.htm and are incorporated by reference into this Sub award. This Sub award is also subject to the current Texas Homeland Security Grant Program(HSGP)Grant Instructions,the Federal Grant Award and to the grant guidance imposed upon GDEM by DHS. The current Texas HSGP Grant Instructions can be accessed at http://www.texasdpa.info. The Texas Grant Instructions are intended to complement rather than replace the Federal Program Guidelines published by the ODP and are incorporated by reference into this Sub-award together with the attached Special Conditions. 11. STATUTORY AUTHORITY FOR GRANT This project is supported under Public Law 108-334,the Department of Homeland Security Appropriations Act of 2005. 12. A-133 REPORTING REQUIREMENT: All sub-recipients must submit an audit report to the Federal Audit Clearinghouse if they expended more than 5500,000 in federal funds in one fiscal year. The Federal Audit Clearinghouse submission requirements can be found at httpliharvestercensus.govisac/. A report must be submitted to GDEM - SAA each year this grant is active. Sub-recipient shall comply with the audit requirements set forth in OMB Circular A-133. 13. METHOD OF PAYMENT Primary method is reimbursement. See the 2005 Texas Homeland Security Grant Program Guidelines for further instructions on obtaining reimbursement.(2005 Guide will be sent under separate letter) 14. DEBARMENT I SUSPENSION CERTIFICATION: By signing in block 19 below,the sub-recipient official certifies that any contractors utilized are not listed on the excluded panics listed system at http://www.epls.gov. 15. NON-SUPPLANTING CERTIFICATION: By signing in block 19 below, the sub-recipient official certifies federal funds will be used to supplement existing funds, and will not I replace (supplant) funds that have been appropriated for the same purpose. Sub-recipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. AGENCY APPROVAL SUB-RECIPIENT ACCEPTANCE 16. APPROVING GDEM OFFICIAL 17.TYPED NAME AND TITLE OF AUTHORIZED Jack Colley, Chief SUB-RECIPIENT OFFICIAL Division of Emergency Management AdlrednOrYiNi Office of the Governor ivtokYOK 18. SIG: ' OF APPROVING GDEM OFFICIAL 19.SIGNATURE OF AUTHORIZED 20. DATE SUB-RECIPIENT OFFICIAL ,3tboio 21. AWARD REAKDOWN CFDA 97.008 LASI 2005 S272,100.00 CFDA 97.073 SHSP 2005 S 0.00 CFDA 97.074 LETPP 2005 S 0.00 CFDA 97.071 MMRS 2005 S 0.00 CFDA 97.053 CCP 2005 S 0.00 00 — E.Oc_ s- t-sci IpD0 00 3 7,500 _ _ GOVERNOR'S DIVISION OF EMERGENCY MA_vAGEMIENT (GDEM) Grant Adjustment Notice For HOMELAND SECURITY GRANT PROGRAM Wylie AWARD 11. 77 ,5 SPECIAL CONDITIONS I) Purpose: Sub-grant funds will be used to provide law enforcement and emergency response communities with enhanced capabilities for preparing and responding to the potential tlueats of manmade and natural disasters. 2) Overview: Funds provided shall be used to provide law enforcement and emergency response conununities with enhanced capabilities for detecting, deterring, disrupting, and preventing acts of terrorism as described in the Federal Program Guidelines. specifically: planning, equipment, training and exercise needs. All costs under these categories must be eligible under OMB Circular No. A-S Attachment A. located at http: ombcirculars'index.html. 3) The .Notice of Sub-recipient Award is only an offer until the sub-recipient returns the signed copy of the Notification of Sub-recipient Award in accordance with the date provided in the transmittal letter. 4) Sub-recipient agrees to comply with the applicable financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OJP) Financial Guide located at http: www.o.jp.usdoj.gov,oc . 5) Sub-recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of State,. Local Governments, and Non-Profit Organizations. as further described in the current edition of the OJP Financial Guide. ti) Sub-recipient agrees to make no request for reimbursement prior to return of this agreement and signed by the authorized sub-recipient representative. 7) Sub-recipient agrees to make no request for reimbursement for goods or services procured by sub-recipient prior to the performance period :art date of this agreement. tii Sub-recipient agrees to comply with the L.S. Department of homeland Security Fiscal Year 20t')S Homeland Security Grant Program Guidelines and Application Kit and the Notice of Award from ODP to GDEN-f. 9► Sub-recipient agrees to monitor the activities of program participants as necessary to ensure that federal awards are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements and that the performance goals are achieved. 10) Notwithstanding any other agreement provisions, the parties hereto understand and agree that GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to meet GDENI's liabilities hereunder. GDEM shall not be liable to the Sub-recipient for costs under this Agreement which exceed the amount specified in the Notice of Sub-recipient Award. 11 i Projects identified in the Domestic Preparedness Assessment website (www.texasdpa.com) must identify and relate to the ,goals and objectives indicated by the applicable Texas homeland Security Strategic Plan for the grant period of performance. 12) Sub-recipient agrees to comply with all reponing requirements and shall provide such information as required to GDE\i for reporting as noted in the 2005 Federal Grant Guidelines. 13) Sub-recipient MUST prepare and submit quarterly performance reports to GDENI for the duration of the grant performance period or until all grant activities are completed and the grant is formally closed. Sub-recipient may also be required to submit additional information and data requested by CiDEM4. 14) GDEM may perform periodic reviews of sub-recipient performance of eligible activities and approved projects. These resnews may include. without limitation: performance of on-site audit and compliance monitoring - incatiding inspection of all 'rani-related Iecords and items, comparing actual sub-recipient activities to those approved in the sub-award application and subsequent modifications if any, ensuring that advances have been disbursed in accordance l'.ith applicable guidelines. conflrmng compliance with grant assurances, information provided on performance reports and payment requests, needs and threat assessments and strategies. 1=) GI)l l may suspend or terminate sub-award funding, in whole or in part, or other measures may be imposed for an', of the following reasons: failing to comply with the requirements or statutory objectives of federal lav,, failing to make satisfactory progress toward the goals or objectives set forth in the sub-award application, failing :o follow grant agreement requirements or special conditions, failing to submit required reports, filing ,: false certification in the application or other report or document. 16) GDEM will close a sub-an,and afier receiving sub-recipient's final performance report indicating that all approved work has been completed and all funds have been disbursed. completing a review to confirm the accuracy of the reported information. and reconciling actual costs to awards modifications and payments. If the close out review and reconciliation indicates that the sub-recipient is owed additional funds. GDEM will send the final payment automatically to the sub-recipient. If the sub-recipient did not use all the funds received. GDENI will issue an invoice to recover the unused funds. 17) Sub-recipient understands and a<greees that it cannot use any federal funds, either directly or indirectly, in support of the enactment. repeal. moditication or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of ODP. I . The sub-recipient agrees that all allocations and use of funds under this grant will be in accordance with the Fiscal Year 2005 Homeland Security Grant Program Guidelines and Application Kit and must support the goals and objectives included in the State Homeland Security Strategy and the Urban Area Homeland Security Strategies. 19) When implementing the Office of State and Local Government Coordination and Preparedness (SLGCP) funded - activities. the sub-recipient must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act. as amended. The sub-recipient is required to take reasonable steps to ensure persons of limited English proIiciericy have meaningful access to language assistance services regarding the development of proposals and buLLtets and conducting SLGCP funded activities. 2U The sub-recipient agrees that all publications created with funding under this grant shall prominently contain the follow ing statement: 'This Document was prepared under a grant from the SLGCP. United States Department of Homeland Security. Point of view or opinions expressed in the document are those of the authors and do not ; necessarily represent the official position or policies of SLGCP or the U.S. Department of l lomeland Security.' 21) The sub-recipient :,trees that any equipment purchased with grant funding shall be prominently marked as follows: 'Purchased with fiends provided by the L.S. Department of Homeland Security.' Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. "i The sub-recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests. including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. i Approval of this award does not indicate approval of any consultant rate in excess of S4 t) per day. A detailed justiIication must be submitted to and approved by GI)EM prior to obligation or expenditure of such funds. 24) Sub-recipient acknowledges that SLGCP reserves a royalty-free. non-exclusive. and irrevocable license to reproduce. publish. or otherwise use. and authorize others to use. for Federal government purposes: (1 ) the copyright in any .v, rk developed under an award or sub-award: and (22) any rights of copyright to which a recipient or sub-recipient purchases ownership with Federal support. The Recipient agrees to consult with SLGCP regardmi e the allocation of any patent rights that arise from, or are purchased with, this funding. 25) Sub-recipient shall provide the assurances required by ODP. Failure to comply may result in the withholding of funds. termination of the award or other sanctions. 26i Sub-recipient must resister as a user of the Texas Regional Response Network 11RR.ti i and identify all major resource such as vehicles and trailers, equipment costingS5.000 or more and specialized teams response units e j lipped and or trained using grant funds {i.e. hazardous material, decontamination, search and rescue, This ienisrratton is to ensure jurisdictions or organizations are prepared to make grant funded resources available to other jurisdictions throe h mutual aid. 27 Sub recipients must implement the National Incident Management System (\L\IS1 at the local level. the requirement to train personnel on the IS-700 course, National Incident Mananement System tNIMS�J, An Introduction. has been extended into FY 06. Grant recipients should still complete the following other four aspects of this task no later than October 1. 2005: (I) Formally recognize the .A'I11S and adopt the ,t`Ia1S rime. c's and pol1..n. (:) Establish a .A` VS baseline bt' determIning which NI KS requtrenicnr.i are mot, (3) Establish a rink:lnion. ai: (41 Develop a srrare,s`JGrjtlllNIa1S implementation and insrirtuionali=e the toe UI ii:e in Itiei:r Colnmand IC,S1. 28 i Sub-recipients must maintain an updated inventory of equipment purchased through this _rant program. 291 Sub-recipient may request an advance for expenditures incurred under this program. Requests must be made in writing from the chief elected official and submitted to GDEM. Letters for advance pa),inents must be certified by the financial officer of the sub-recipient organization. GDEM vv'i11 make the determination whether an advance ,.will be made. Conditions for use and reporting of the advance payments will be available with the forms. If a sub-recipient is approved for an advance, the funds must be deposited in a separate interest bearing account and are subject to the riles outlined in the Uniform Rule 28 CFR Part 66, Uniform Administrative Requirements for Grants and Cooperative :Agreements to State and Local Governments. at Imp: . vwvv.access.gpo.gov nara.cfr vv'aisidx ,04'28cfrv'2 04.html and the Uniform Rule 28 CFR Part 70. • Uniform Administrative Requirements for Grants and Agreements including sub-awards) with Institutions of Hither Education. Hospitals. and other Nonprofit Organizations, at itttp: \eww.access.upo.uov tiara Jr waisidx 0 28cfr70. 0?.html . Any interest earned in excess of S100 must, on a quarterly basis. he remitted to: United States Department of Health and Human Services Division of Paynlelit \limageumemn Services P.O. Box 6021 Rockville. \1D 20852 Sub-recipients must report any interest remitted to GDEM. 30) Notice. All notices or communication required or permitted to be given by either party hereunder shall be deemed sufficiently s_iven if mailed by registered mail or certified mail, return receipt requested. or sent by overnight courier. such as Federal Express, to the other party at its respective address set loath below or to such other address as one party shall give notice of to the other from time to time hereunder. Mailed notices shall be deemed to be received on the third business day following the date of mailing. Notices scent by uvciiriglit courier shall be deemed received the following business day. The honorable John Mundy Mayor. City of Wylie i000 Hwy 7S N. Wylie. TN 75098 Jack Colley. Chief Div ision of Emeruenev Management Office of the Governor PC) I3ox 4087 :Austin. l \ 47s-7-3-U,'_o Grant Jurisdiction Project Grant Award Dallas 2005 UASI s_ily of Wylie Establish/enhance emergency operations cer $133,848.88 Dallas 2005 UASI City of Wylie Develop/enhance interoperable communicatic $132,500.00 Dallas 2005 UASI City of Wylie M&A $5,751.12 Total (2005 Grant Year): City of Wylie (80356) $272,100.00 /// COITITEX 0 MOTOROLA -2 Authorizedwo-Way RadioDealer Dealer Prepared By: Tom Brevig Interoperability RFQ# CW080405CUGRFCSBSI Proposal City of Wylie Radio Dispatch 2000 Highway 78 North Date: 09/18/06 Wylie,Texas 75098 Page: 1 Phone: 972-442-8110 ATTENTION: Chief Noe Flores and Caftan Steve Seddi• Fax: 972-442-8113 Unit Extended Item Qty Part Number DESCRIPTION Price Price Control Station Equipment 1 2 5377-11-22-60 EF Johnson 5300 800 MHz(800 NPSPAC,McKinney 800,Garland 800, CC 800,Plano 800,Neighboring agencies) $ 4,200.00 $ 8,400.00 2 1 TM9155H-B1A34 Tait P25 TM9155 VHF(DPS,Dallas County,Rockwall County EMS, Rockwall County SO,Texas Law Channels)(TMAA01-01) $ 2,845.00 $ 2,845.00 3 1 TM9155H-H7A23 Tait P25 TM9155 UHF(Dallas FD,Dallas PD Channels)(TMAA01-01) $ 2,845.00 $ 2,845.00 4 1 AAM25SKF9DP5_N Motorola CDM 1550 LS+UHF 16 CH(ETMS) $ 724.00 $ 724.00 5 1 MAHG-S4MXX MA/COM ProVoice UHF 7100M P25 Control Station $ 4,400.00 $ 4,400.00 6 2 ANT770F2 800 MHz Omni directional-collinear array-2.5 db gain-100MHz $ 495.00 $ 990.00 7 2 CLWBA6012 UHF Omni directional-collinear array-0 db gain-22MHz $ 315.00 $ 630.00 8 1 CPR842701 VHF Omni directional-exposed dipole-3 db gain-10MHz $ 618.00 $ 618.00 9 12 RDN5283 N male connector for 1/2"hardline $ 36.00 $ 432.00 10 12 RDN4321 N Female connector 1/2" $ 45.00 $ 540.00 11 6 241088-1 Transmission line grounding kit $ 36.00 $ 216.00 12 6 RRX4043 Transmission line surge protection $ 74.00 $ 444.00 13 1200 RDN5502 Hardline coax 1/2"transmission line $ 2.25 $ 2,700.00 14 120 RG142 Double Shielded Coax(4GHz,50 Ohms) $ 2.95 $ 354.00 15 3 IP223 IP Adapters(1 required per 2 channels) $ 1,650.00 $ 4,950.00 16 2 IP25300 IP to EF Johnson adapter(connects to IP223) $ 1,100.00 $ 2,200.00 17 1 223RACK Rack mounts for IP-223 $ 68.00 $ 68.00 18 14 INSTALL KIT Misc.connectors and items to complete the install $ 25.00 $ 350.00 19 1 ICT22012-100N Rack Mount P/S 100 amp Continuous Duty with N+1 failover $ 1,125.00 $ 1,125.00 20 4 RLN4791 Ventilated shelf for control station radios $ 101.00 $ 404.00 21 12 RFN1005-3C Connector $ 4.65 $ 55.80 22 12 28-80376E84 Connector $ 5.50 $ 66.00 23 1 B1199 Coax Entry Panel 4 inch 4 Port $ 691.00 $ 691.00 24 1 B1402A Coax Entry Boot 4 inch 4 Hole $ 37.00 $ 37.00 25 1 B202 Coax Sealer $ 9.15 $ 9.15 26 1 GBI14215TMR1/4 Harger Ground Bus Bar, tessco#82480 $ 134.00 $ 134.00 27 1 RIGRUNNER4008 RlGrunner-West Mountain $ 145.00 $ 145.00 28 1 C15/PK25 Connections for rig runner(25 per pack) $ 21.00 $ 21.00 29 36 LABOR Control Station,Antenna and Console Labor $ 265.00 $ 9,540.00 30 1 TRAVEL Travel Charge for installations&support $ 322.50 $ 322.50 31 1 ENG Interoperability Engineering&Project Management $ 7,294.44 $ 7,294.44 VHF FCC License&Repeater 32 1 FCC VHF FCC License $ 600.00 $ 600.00 33 1 TBBB1B1-B00-00 Tait TB7100 50W 100%duty cycle repeater $ 2,250.00 $ 2,250.00 34 1 T993-050-02-02 138-156 MHz Duplexer $ 790.00 $ 790.00 35 1 DB222-A 150-158 MHz,3 DBD OMNI/6 DBD OFFSET GAIN,DIPOLE,N(M) $ 327.00 $ 327.00 36 225 RDN5502 Hardline coax 1/2"transmission line $ 2.25 $ 506.25 37 2 RDN5283 N male connector for 1/2"hardline $ 36.00 $ 72.00 38 2 RDN4321 N Female connector 1/2" $ 45.00 $ 90.00 39 1 KIT Install Kit $ 150.00 $ 150.00 Base Station Equipment 40 4 AAM25SKF9DP5_N Motorola CDM 1550 LS+UHF 16 channel mobile base stations $ 724.00 $ 2,896.00 41 4 SS-25-CDM Astron fully enclosed power supply $ 185.00 $ 740.00 42 4 HMN3000 Motorola desk mic $ 109.00 $ 436.00 43 4 MYA-4503 4.92 DB GAIN(450-470MHz)YAGI ANTENNA $ 45.00 $ 180.00 44 4 INSTALL KIT Antenna Cable and Connectors $ 16.00 $ 64.00 45 4 LABOR Installation Labor $ 300.00 $ 1,200.00 Nextel Interface Equipment 46 1 NI223 IDEN telephone interface for Falcon Class Motorola phones for IP223 $ 1,495.00 $ 1,495.00 47 1 301953000 IP223 DB9 splitter cable assembly $ 99.00 $ 99.00 48 1 IP223 JP Adapters(1 required per 2 channels) $ 1,601.00 $ 1,601.00 49 1 N/A City of Wylie to supply Nextel phone for project N/A N/A 50 1 LABOR Installation Labor $ 450.00 $ 450.00 601 Ferris Ave. PO Box 977 Waxahachie,TX 75168 Phone:972-938-1980 Fax: 972-938-9247 CORiTEX f 0 MOTOROLA Authorized Two-Way ...2 Radio Dealer Prepared By: Tom Brevig Interoperability RFQ# CW080405CUGRFCSBSI Proposal City of Wylie Radio Dispatch 2000 Highway 78 North Date: 09/18/06 Wylie,Texas 75098 Page: 1 Phone: 972-442-8110 ATTENTION: Chief Noe Flores and Ca stain Steve Seddi• Fax: 972-442-8113 Unit Extended Item Qty Part Number DESCRIPTION Price Price UHF Emergency Repeater 51 1 TBBH7H7B0000 TAIT TB 7100 470-512 MHz UHF 50 watt repeater $ 2,250.00 $ 2,250.00 52 1 T993-050-06-00 406-520 MHz Duplexer $ 790.00 $ 790.00 53 1 204989-2 Grounding Straps $ 36.50 $ 36.50 54 1 GRND-Kit Grounding Kit for racked repeaters $ 30.00 $ 30.00 55 1 PS-12400 Power Sonic battery 12 volt 40 amps $ 124.69 $ 124.69 56 1 RDE4482 DB408DB 450-470MHz ANTENNA $ 578.00 $ 578.00 57 2 RDN7026 N male connector for 7/8"hardline $ 52.85 $ 105.70 58 1 RRX4043 Transmission line surge protection $ 74.00 $ 74.00 59 200 RDN5503 Hardline coax 7/8"transmission line $ 6.25 $ 1,250.00 60 10 RG142 Coax solid center double shielded $ 2.49 $ 24.90 61 2 RFN1005-3C N(m)crimp connector $ 3.72 $ 7.44 62 1 LABOR Stage and burn in repeaters $ 285.00 $ 285.00 63 6 LABOR Repeater installation labor $ 265.00 $ 1,590.00 4.9 GHz Licensed Point to Point Radios 64 4 RWC-SP2-5.2NS 2' -29 DBI Gain parabolic dish N(F) $ 625.00 $ 2,500.00 65 4 RWC-RD2 2'Diameter radomes,SP2&SPD2 Series $ 284.00 $ 1,136.00 66 4 CER-48-IDU-FE-110V 48 Mbps-Connects to Fibeair 4800 ODU-point to point $ 495.00 $ 1,980.00 67 4 CER-48-IDU-FE-T1-110V 1 x T1+48 Mbps-Connects to Fibeair 4800 ODU-point to point $ 898.00 $ 3,592.00 68 2 CER-48-0-49-EX-AN TDM ethernet combo point to point radio $ 1,755.00 $ 3,510.00 69 2 CER-48-050M Twisted pair jumpers $ 198.00 $ 396.00 70 1 MISC 6'X 8'Building for the City of Wylie Repeater Equip $ 3,750.00 $ 3,750.00 71 1 RHN1003 19"open rack 84"high $ 310.00 $ 310.00 72 1 B550 5"2 Port Coax Entry Panel $ 591.00 $ 591.00 73 1 GBI14212G Entry Panel Ground Buss Bar $ 211.00 $ 211.00 74 1 KIT Entry Panel Assembly Parts $ 266.00 $ 266.00 75 4 B1199 Waveguide boot assy $ 36.22 $ 144.88 76 2 INSTALL KIT Install items,switch,coax,antenna coax&connectors. $ 750.00 $ 1,500.00 77 1 FCC FCC Coordination labor per frequency $ 150.00 $ 150.00 78 1 CROSSOVER Crossover cables $ 20.00 $ 20.00 79 12 LABOR Installation of equipment $ 265.00 $ 3,180.00 80 1 SOFTWARE MDC software option for IP223's $ 333.00 $ 333.00 81 1 NEWMAR PM SUPPLY Power management modules $ 5,624.00 $ 5,624.00 82 1 REPAIR INTEROP Motorola repair to MCS2000-Nevada channels $ 421.33 $ 421.33 83 1 ELECTRICAL Electrical work on tower radios $ 4,913.14 $ 4,913.14 84 1 BACKHAUL 5.2 GHz back haul units $ 3,108.00 $ 3,108.00 Back Up EOC Electronics!VoIP Console Software computer aided dispatch console USB version. Operates up to 85 1 302052006 6 radios,includes 17"monitor,headset interface box,headset $ 8,295.00 $ 8,295.00 86 1 0101240 Ethernet to radio interface to control up to 6 radios $ 1,650.00 $ 1,650.00 87 1 IP223RACK Rack mounts for IP-223 $ 68.00 $ 68.00 88 1 SWITCH Lynxsystem switch $ 100.00 $ 100.00 89 1 RLN4791 Ventilated shelf for control station radios $ 101.00 $ 101.00 90 1 RHN1003 19"aluminum rack 80"high $ 310.00 $ 310.00 91 1 301905000 Close Talk Directional Desk Microphone For use with HB-3+ONLY $ 199.00 $ 199.00 92 250 1594A-009 CAT 5 Network Cable $ 0.25 $ 62.50 93 2 UPS APC battery back up $ 80.00 $ 160.00 94 7 LABOR Staging and make ready at 1 man 8 hours $ 95.00 $ 665.00 95 1 TRAVEL Trip Charge $ 47.50 $ 47.50 PD/City Hall Tower Studies&Reconfiguration 96 1 SST 100'SST mapping,analysis,removal and installation charges $ 5,500.00 $ 5,500.00 97 1 MW PATH Perform 2 MW path analysis studies $ 3,025.00 $ 3,025.00 TERMS 50%Down Subtotal: $ 132,462.72 25%at time of Install Sales Tax: NTX 25%at time of completion Total Investment: $132,462.72 601 Ferris Ave. PO Box 977 Waxahachie,TX 75168 Phone: 972-938-1980 Fax: 972-938-9247 7A1 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: 6. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: Date Prepared: 11/07/06 Budgeted Amount: Exhibits: Agreement Subject Consider and act upon approval of a Professional Services Agreement with Kimley-Horn for the design of the Maxwell Creek Bridge in the amount of$217,500. Recommendation Motion to approve the Professional Services Agreement with Kimley-Horn for the design of the Maxwell Creek Bridge. Discussion On September 26, 2006 Council approved an inter-local agreement with Collin County for the design and construction of the bridge on Hooper Road over Maxwell Creek. Collin County approved the agreement on their October 24, 2006 meeting. The 2003 Collin County Bond Program included $1,138,500 for the project, which will ultimately provide another north/south connection between FM 544 and SH 78. Collin County is funding $569,250 of the project cost and the Cities of Wylie and Sachse are committed to fund $284,625 each. This project was included in the Thoroughfare Capital Improvements Plan and impact fee funds may be used for this project. The construction of the bridge will be incorporated into the development of the Woodbridge property. Per the inter-local agreement, the County will transfer funds to Wylie for the engineering for the bridge. The breakdown of the engineering fee is as follows: Task Fee Boundary Verification $6,000 Topographic Survey-bridge $27,300 Topographic Survey-roadway $11,700 Woodbridge Parkway prelim. plat $5,500 Woodbridge Parkway final plat $4,500 R.O.W. Documents $4,000 Page 1 of 2 Page 2 of 2 Alignment Study $18,500 Bridge Design $61,000 CLOMR $22,000 LOMR $25,500 Record Drawings $4,000 Construction Staking $22,000 Construction Phase Services $5,500 TOTAL $217,500 Approved By Initial Date Department Director CH 11/02/06 City Manager 0I/Y\ ❑�rl Kimley-Hom and Associates, Inc. June 15,2006 12700 Park Central Drive Suite 1800 Mr. Chris Hoisted Oalas,Tee City Engineer—City of Wylie 75251-1516 Wylie Service Center—949 Hensley Wylie,Texas 75098 Re: Professional Services Agreement Maxwell Creek Bridge—Woodbridge Parkway Cities of Wylie and Sachse, Collin County, Texas Dear Mr.Halsted: Kimley-Horn and Associates, Inc. ("KHA"or"the Consultant"), is pleased to submit this letter agreement ("the Agreement") to the City of Wylie ("the City" and the "Client") for providing surveying and engineering services for the tasks outlined below. Our project understanding, scope of services, schedule, and fee are also listed below. Project Understanding Woodbridge Parkway is a proposed roadway that will connect State Highway (S.H.) 78 to F.M. 544. This roadway is also known as Country Club Road in the City of Wylie. A portion of the Woodbridge Parkway alignment located in the City of Wylie has been established and approved by the City of Wylie, TXU Electric Delivery Company and the landowner(HDC). The established roadway alignment ends at the intersection of Hooper Road.adjacent to Wylie I.S.D.'s Junior High School that is currently under construction. At this location, the preliminary Woodbridge Parkway alignment travels south following existing Hooper Road until it intersects with Hensley Road. The roadway alignment then continues to travel south across Maxwell Creek until it intersects with S.H. 78. Based on this alignment, the bridge will be approximately 230 L.F. Please reference the attached 8.5" x 11" Exhibit for the conceptual bridge and roadway alignment. This Scope of Services includes determination of the Woodbridge Parkway horizontal and vertical alignment and Maxwell Creek Bridge design only. The roadway design for Woodbridge Parkway is not contemplated in this agreement. The tasks below are based on the above assumptions,meetings and phone conversations with the Client and landowner. For purposes of this agreement,the"landowner"or"HDC"shall refer to Herzog Development Corporation (HDC), the owner of the existing land where the bridge is anticipated to be located. While this contract is between the City of Wylie and KHA, we anticipate design input will include the City of Sachse, City of Wylie, and Collin County. KHA will do it's best to meet the design objectives of all parties, but we will default to our Client(City of Wylie)for direction on this project. ■ TEL 972 770 1300 FAX 972 239 3820 O:ICIVILWO-PROALp•2006\herzog-maxwell-creek revised.doc PP7_irl Kimley-HorIl June 15,2006,Page 2 of 16 � 1 and associates, Inc. Scope of Services Task 1 Boundary Verification $6,000(LS) The Consultant will verify the boundary based on the Client and existing landowner provided Land Title Surveys, existing final plats, and Title Report of the property for the purpose of establishing control points and preparing the proposed roadway alignment and bridge design. The effort for this task includes tying into existing control points and benchmarks. The effort for this task also includes researching City and County records to determine and verify the current City limit lines. Preparation of a formal boundary survey is not included in this task. Task 2 Topographic Survey—Maxwell $27,300(LS) Creek Bridge Consultant will prepare a topographic survey of the property within the floodplain for the purpose of preparing the proposed bridge design plans and Conditional Letter of Map Revision (CLOMR). The topographic cross sections will be cut every 150' across the entire width of the floodplain for approximately 3,000 feet (1,500 upstream and downstream of the proposed bridge location). Consultant will prepare an electronic map showing existing contour lines at 1' intervals based on a nominal 50' grid system and tied to existing control points and city bench mark system. The effort for this task includes staking the preliminary bridge alignment in the field for review with the Client and landowner. Task 3 Topographic Survey—Woodbridge $11,700(LS) Parkway Roadway Alignment Consultant will prepare a topographic survey of the property for the purpose of preparing the proposed roadway alignment(approximately 3,500 L.F.)and bridge design plans. Consultant will prepare an electronic map showing existing contour lines at 1' intervals based on a nominal 50' grid system and tied to existing control points and city bench mark system. The effort for this task includes staking the preliminary roadway alignment in the field for review with the Client and landowner. Task 4 Woodbridge Parkway $5,500(LS) R.O.W.Preliminary Plat Based on the City's and HDC's approval of the preliminary bridge and roadway alignment, the Consultant will prepare a Preliminary Plat for right-of-way(ROW) dedication of Woodbridge Parkway in accordance with the Planned Development District requirements and current published City of Wylie and Sachse criteria in effect on the date of this Agreement. The Consultant will submit the plat to the Cities and HDC,coordinate the processing of the application package and provide professional representation in presenting the plat to the Planning and Zoning ❑ V Kimley-Horn June 15,2006,Page 3 of 16 and Associates, Inc. Commission and City Council. The effort for this task assumes one (1) set of revisions to the plat per City comments, one (1) simultaneous set of revisions to the plat per Client comments, one (1) Planning and Zoning Commission meeting and one (1) City Council meeting. Upon completion of construction of the proposed bridge and as requested by the Client,the Consultant will coordinate the filing of the plat with Collin County. Tax certificate, application and recording fees, if applicable, are not included in this scope of services and shall be paid by the Client. Task 5 Woodbridge Parkway $4,500(LS+tag) R.O.W.Final Plat Based on the approved Preliminary Plat, the Consultant will prepare a Final Plat for the right-of-way (ROW) dedication of Woodbridge Parkway in accordance with the Planned Development District requirements and current published City of Wylie and Sachse criteria in effect on the date of this Agreement. The Consultant will submit the plat to the Cities and HDC, coordinate the processing of the application package and provide professional representation in presenting the plat to the Planning and Zoning Commission and City Council. The effort for this task assumes one (1) set of revisions to the plat per City comments, one (1) simultaneous set of revisions to the plat per Client comments,one(1)Planning and Zoning Commission meeting and one(1)City Council meeting. Upon completion of construction of the proposed bridge and as requested by the Client, the Consultant will coordinate the filing of the plat with Collin County. Tax certificate, application and recording fees, if applicable, are not included in this scope of services and shall be paid by the Client. Task 6 Separate Instrument Woodbridge $4,000(LS+tax) Parkway R.O.W.Documents Based on the City's and HDC's approval of the preliminary bridge alignment,the Consultant will prepare separate instrument documents for the right-of-way (ROW) dedication of Woodbridge Parkway adjacent to the other existing landowners (North Texas Municipal Water District and Wayne Rich). The exhibits and legals will be prepared in accordance with the Planned Development District requirements and current published City of Wylie and Sachse criteria in effect on the date of this Agreement. The Consultant will submit the documents to the Cities and existing landowners, and coordinate the processing of the application package. The effort for this task assumes one (1) set of revisions to the plat per City comments, and one(1) simultaneous set of revisions to the plat per Client comments. Upon completion of construction of the proposed bridge and as requested by the Client,the Consultant will coordinate the filing of the separate instrument documents with Collin County. Tax certificate, application and recording fees,if applicable,are not included in this scope of services and shall be paid by the Client. • �-V Kimley-Horn June 15,2006,Page 4 of 16 and Associates, Inc. Task 7 Woodbridge Parkway S18,500(LS) Alignment Study(±5,000 L.F.) Based on the Woodbridge Parkway roadway alignment shown on the Conceptual Land Plan, discussions with the City and HDC, City design standards,boundary information, and topography obtained in Tasks 2 and 3; KHA will prepare a horizontal and vertical alignment for proposed Woodbridge Parkway. This study will establish horizontal and vertical geometry for the purposes of setting the final bridge layout. The minimum vertical elevation of the proposed bridge will be set by the Conditional Letter of Map Revision(CLOMR) for Maxwell Creek using the most stringent floodplain freeboard requirements of either the City of Wylie or Sachse. This alignment may also be used in the future for civil engineering design documents for the proposed Woodbridge Parkway improvements. The Consultant will meet with the City and HDC to review the final alignment and make minor revisions,if necessary. Task 8 Bridge Design $61,000(LS) KHA will prepare the final bridge design plans to cross Maxwell Creek. The alignment and profile of this crossing will be based on the results of the alignment study described in Task 7. Based on preliminary modeling, we anticipate an approximate bridge length of 230 L.F. will result in less than a 1.0' rise on existing flood elevations. This requirement may be modified based on results of the final LOMR document, but this length is assumed for preliminary purposes. Due to the sensitivity of the floodplain, we anticipate using the maximum span lengths practical to minimize the amount of pier construction in the floodplain. Generally, we would anticipate a three-span pre-stressed beam structure, with the center span over the normal low-water channel. We anticipate the bents and abuts will be non-skewed(i.e.90 degrees to roadway centerline). We also anticipate this bridge will have a non-standard width with the inclusion of sidewalk at least on one side of the structure. This scope assumes that abutment headers will be treated with slopes. Integrating abutments with retaining walls at the headers will be considered an additional service. Bridge materials will be specified in accordance with the TxDOT Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges,2004. Due to the relatively short bridge length, we anticipate that the bridge will be located on a tangent alignment. Also due to the short bridge length, we do not anticipate any need for a bridge deck drainage system. We anticipate being able to set profile grades along the bridge that allow for all surface drainage to be accommodated by curb inlets off each end of the bridge without violating ponding width requirements. If deck drains are required, it is assumed that they will be allowed to discharge directly into the floodplain. If a closed system is necessary for drainage, water quality, or aesthetic purposes, this will be considered an additional service. • im V1Kimley-Horn June IS,2006,Page 5 of 16 and Associates, Inc. It is assumed that no streetlights or aesthetic features(non-standard rails, fascias, etc) are to be incorporated into this bridge crossing. Addition of those elements will be considered an additional service. For the design of this type of structure, some TxDOT standards can be utilized. However, for the anticipated addition of sidewalks and non-standard width, additional detailing and/or modification of those standards will be required as TxDOT Standards only cover specific widths, span lengths, and skew angles for tangent bridges. At this time,we anticipate the following sheets: 1. Bridge Layouts(2 Sheets at 1"=20'scale) a. Bridge Layouts will show plan and profile geometry of the structure and will be prepared according to the TxDOT checklist for Bridge Layouts. 2. Foundation Plan(2 Sheets at 1"=20' scale) a. Layout of drilled shaft locations. 3. Bearing Seat Elevs/Beam Lengths(I Sheet) 4. Estimated Quantities/Geometric Typical Section/Super-elevation Transition Diagrams(1 Sheets) a. Although bridge is anticipated to be in a tangent, anticipate possible beginning or ending of super-elevation transitions and run-outs on the structure due to proximity of bridge to roadway curvature. Detail the station locations of those transitions and the rates. Bearing seat elevations and haunch thicknesses will require evaluation considering these transitions. 5. Beam Layout/Framing Plan(1 Sheet) a. Framing Plans anticipated to be assembled with one sheet covering a typical,tangent span. 6. Abutment Details(3 Sheets) a. Abutment plan and elevation for each abutment with a third sheet for common details. 7. Bent Details(2 Sheets) a. Bent plan and elevation typical for all bents with a second sheet for common details. 8. Sidewalk/Miscellaneous Details(2 Sheets) a. Detail reinforcement connections for sidewalk to bridge deck and sidewalk to rail. Detail dimensions of sidewalk and cross-slopes. 9. Span Unit Details(2 Sheets) a. Detail slab reinforcement and dimensions for typical tangent span units. Detail structural typical sections for dimensions and reinforcing of bridge decks and end diaphragms. 10. Pre-Stressed Beam Design Sheet(1 Sheet) • This task includes preparation of bridge plans only. Changes to the site plan that affect the bridge alignment by Client after commencement of this task that result in redesign of plans will be considered an additional service. Also, review of shop III MI WI Kmiey-Horn June 15,2006,Page 6 of 16 INNand Associates, Inc. drawing submittals during the construction phase of this structure is not included in this scope of services. Task 9 Conditional Letter of Map S22,000(LS) Revision(CLOMR)Submittal The Consultant will obtain available floodplain mapping,topographic,hydrologic, and hydraulic data for the subject reach of Maxwell Creek from the Cities of Wylie and Sachse and the Federal Emergency Management Agency(FEMA). The subject portion of Maxwell Creek is located in an area designated by FEMA as Zone`AE,' which is an area in which base flood elevations have been established. KHA anticipates that effective hydrologic and hydraulic modeling will be available in such areas. The reach of the Maxwell Creek that will be studied for the CLOMR submittal will extend from approximately 1500 L.F.downstream of the proposed Woodbridge Parkway crossing to approximately I500 L.F. upstream of this crossing,measured along the flowline of the channel. Hydrologic information will be obtained from the FEMA effective Flood Insurance Study (FIS) for Collin County, Texas. Hydraulic modeling will be performed using the U.S. Army Corps of Engineers HEC-RAS computer modeling software and will be developed using available topographic information, including on- ground information obtained by KHA under a separate task. Hydraulic modeling will be performed in coordination with the design of the Woodbridge Parkway crossing at Maxwell Creek and will be based on a Client-approved alignment of the proposed crossing. Changes to hydraulic modeling as a result of Client- directed revisions to the alignment of the crossing will be considered additional services. The Consultant will prepare the CLOMR submittal to meet currently published FEMA and City criteria as of the date of this Agreement. KHA will produce and deliver up to five (5) copies of the CLOMR submittal to the Client and the City for the subject reach of Maxwell Creek. The submittal will consist of the following elements: • CLOMR Report Text • Hydrologic Information • Revised Existing Conditions Multiprofile Model • Proposed Conditions Multiprofile Model—reflecting proposed floodplain encroachment and respecting City and FEMA no-rise requirements. • Revised Existing Conditions Floodway Model • Proposed Conditions Floodway Model • Floodplain Delineation Workmaps • Appropriate FEMA Forms • Digital Files The Consultant will respond to up to one round of City comments and up to two Pr_ Kimley-Horn lute 15,2006,Page 7 of 16 and Associates, Inc. rounds of FEMA comments under this task. Additional rounds of comments will be considered additional services. The current FEMA CLOMR review fee is $4,000.00. This fee and other potential fees required by the City or FEMA are the responsibility of the Client and are not included in the above fee. Task 10 Letter of Map Revision(LOMR)Submittal $25,500(LS) Following completion of construction of Woodbridge Parkway adjacent to the subject reach of Maxwell Creek, KHA will perform a field topographic survey to verify constructed elevations on the site and prepare an as-built survey exhibit of that area from which to base the LOMR submittal after substantial completion of construction. The topographic cross sections will be cut every 150' across the entire width of the floodplain for approximately 3,000 feet. The survey will start approximately 1,500 L.F. downstream of the bridge and extend 1,500 L.F. upstream of the bridge. The Consultant will adjust the hydraulic modeling for Maxwell Creek using the information obtained in the as-built survey of the subject reach. KHA will then prepare a LOMR Request to FEMA, which will include the elements listed in the CLOMR task updated to reflect as-built conditions. The Consultant will respond to up to one round of City comments and up to two rounds of FEMA comments under this task. Additional rounds of comments will be considered additional services. Currently, FEMA's LOMR review fee is $4,000.00. This fee and other potential fees required by the City or FEMA are the responsibility of the Client and are not included in the above fee. KHA will endeavor to obtain FEMA approval of the LOMR submittal, however, KHA cannot guarantee this approval. Task 11 Record Drawings—Bridge $4,000(LS) Upon completion of construction and as requested by the Client, the Consultant will prepare Record Drawings,based on contractor markups only,for submittal to the City. The estimated labor budget amount for this task does not include substantial changes to the civil engineering plans from the contractor markups. Task 12 Construction Staking—Bridge $22,000(LS) The Consultant will provide all staking for items stated below, on a one-time basis,as follows: Please note: Re-staking for changes in the bridge alignment or design will be "Additional Services." Point Sheets: Preparation of a control point map needed to stake bridge alignment for clearing,rough grading,abutment locations,and bent locations. Kimley-Horn June 15,2006,Page 8 of 16 ❑MINIn and Associates, Inc. Bridge Alignment & Clearing: The proposed bridge/roadway alignment will be staked left and right along right-of-way at 100' intervals and points of curve for clearing of existing trees. Bridge Alignment & Rough Cut Grading: The proposed bridge alignment and approach slab will be staked left and right along right-of-way at 100' intervals and points of curve for rough grading. The bridge rip-rap limits will also be staked. Subgrade Verification: The centerline and gutter of the bridge approach slab will be shot to verify if the subgrade is within a 0.2' tolerance. Re-staking for nonconforming grades will be"Additional Services." Bridge Bents &Abutments: The proposed bridge bents and abutments will be staked along the bridge centerline per the bridge design plans. Approach Slab Paving: The approach slab will be staked and graded, left and right side,along a predetermined offset to the back of curb at 50-foot intervals and points of curve for final paving. Final Block Monuments: Block corners will be permanently monumented with iron pins in accordance with City specifications. Task 13 Construction Phases Services $5,500 (A) As requested by the Client, the Consultant will assist with construction permit issuance, provide bid and negotiation services, review testing reports and respond to requests for information (BFI's). Consultant will not direct any construction activities and assumes no responsibility for any work performed. Actual fees for this task will be based on the expended effort (as requested by the Client or as necessary to successfully complete the tasks) and billed per the attached rate schedule. The budgeted effort for this task assumes approximately 45 hours for construction phase services. This scope of services does not include shop drawing review on bridge submittals. Review of bridge shop drawing submittals will be considered an additional service to this scope. ❑ � Kimley-Hom June 15,2006,Page 9 of 16 and Associates, Inc. Additional Services Any items requested by the Client not specifically noted in the preceding Scope of Services will be considered an additional service. Compensation for additional services will be based on the attached rate schedule or will be provided by an approved contract change order. Information Provided By Client The following information shall be provided by the Client: 1. Recently conveyed easement descriptions(Water Line,Southwestern Bell Telephone,Oncor Electric and Gas,etc.); 2. Complete current title report;and 3. Copies of any agreements with the sellers,City or others that may affect the Consultant's ability to successfully complete the above referenced tasks. Schedule We will provide our services as expeditiously as practicable to meet the Client's desired schedule. (This space intentionally left blank.) a � Kmiey-Hom June 15,2006,Page 10 of 16 and Associates, Inc. Fee and Billing Services will be billed Lump Sum or Hourly as noted in this proposal. Reimbursable expenses(out of house printing,courier service,Federal Express,etc.) will be billed at a rate of 1.15 times cost. Plotting will be invoiced at a rate of $10.00 per sheet. Hourly tasks will be charged per our Standard Hourly Rate Schedule, attached. In lieu of itemizing expenses(faxes, in-house word processing, in-house copies, postage, local mileage, telephone) a percentage of the labor fee (6.0%)will be billed for these items. Please be advised that the Consultant is not a Contingent Partner in this project. As such, the Consultant will be paid in full for all Professional Services rendered. As stated in the attached Standard Provisions,payment of invoices will be due within 25 days of receipt. The Consultant reserves the right to suspend services if payment has not been received within 45 days of receipt of the invoice. A breakdown of fees follows. Basic Services provided for a lump sum fee: Task 1 Boundary Verification $ 6,000.00 Task 2 Topographic Survey—Maxwell Creek $ 27,300.00 Task 3 Topographic Survey—Woodbridge Parkway $ 11,700.00 Roadway Alignment Task 4 Woodbridge Parkway R.O.W.Preliminary Plat $ 5,500.00 Task 5 Woodbridge Parkway R.O.W.Final Plat $ 4,500.00 Task 6 Separate Instrument Woodbridge $ 4,000.00 Parkway R.O.W.Documents Task 7 Woodbridge Parkway Alignment Study $ 18,500.00 Task 8 Bridge Design $ 61,000.00 Task 9 Conditional Letter of Map Revision $ 22,000.00 (CLOMR)Submittal Task 10 Letter of Map Revision(LOMR)Submittal $ 25,500.00 Task 11 Record Drawings—Bridge $ 4,000.00 Task 12 Construction Staking—Bridge $ 22,000.00 Total Lump Sum Fee S 212,000.00 (Excluding allocation and expenses) Basic Services provided for a hourly fee: Task 13 Construction Phase Services $ 5,500.00 Total Hourly Fee(approximate) $ 5,500.00 (Excluding allocation and expenses) Total Anticipated Fee $217,500.00 ❑ n Kimley-Horn June I s,2006,Page 1 I of 1 E and Associates, Inc. Closure In addition to the matters set forth herein, our Agreement shall include and be subject to, and only to, the terms and conditions in the attached Standard Provisions, which are incorporated by reference. As used in the Standard Provisions, the term "the Consultant" shall refer to Kimley-Horn and Associates, Inc., and the term "the Client" shall refer to the City of Wylie (unless otherwise noted below). If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy and return the other to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you and look forward to working with you on the successful completion of this project. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES,INC. Odt M. Ahista2p orie By: Ashley M.Frysinger,P.E. James R.Hall,P.E. Its: Associate Senior Vice President Attachments: Standard Provisions Standard Rate Schedule AGREED to on this day of ,2006. Client: Signature: Printed Name: • Title: 1l@y-Horn June 15,2006,Page 12 of 16 and Associates, Inc. Kimley-Horn and Associates,Inc. Standard Rate Schedule (Hourly Rate) Senior Engineer I/Senior Professional I $195-$220 Senior Engineer II/Senior Professional II $175-$210 Engineer/Professional $140-$170 CAD Technician $120-$135 Designer $95 -$145 Analyst $115-$130 Support Staff/Technician $60-$ 95 Effective January 1, 2006 ❑—VI Kimley-Horn and Associates,Inc. KIMLEY-HORN AND ASSOCIATES,INC. STANDARD PROVISIONS (1) Consultant's Scope of Services and Additional Services. The Consultant's undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant,the Consultant will perform additional services("Additional Services"),and such Additional Services shall be governed by these provisions. Unless otherwise agreed to in writing,the Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant's then-current hourly rates plus an amount to cover certain direct expenses including in-house duplicating,local mileage,telephone calls,postage,and word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design,analysis,GIS, and graphics,etc.,will be billed at$25.00 per hour. (2) Client's Responsibilities. In addition to other responsibilities described herein or imposed by law,the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement,such person having complete authority to transmit instructions,receive information,and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development,design,or construction. (c) Provide to the Consultant all previous studies,plans, or other documents pertaining to the project and all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements,zoning or other land use regulations,etc.,upon all of which the Consultant may rely. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting,legal,insurance,cost estimating and overall feasibility services as the Client may require or the Consultant may reasonably request in furtherance of the project development. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope and timing of the Consultants services or any defect or noncompliance in any aspect of the project. (i) Bear all costs incident to the responsibilities of the Client. (3) Period of Services. Unless otherwise stated herein,the Consultant will begin work timely after receipt of an executed copy of this Agreement and will complete the services in a reasonable time. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control.If such delay or suspension extends for more than six months(cumulatively),Consultant's compensation shall be renegotiated. (4) Method of Payment. Compensation shall be paid to the Consultant in accordance with the following provisions: (a) Invoices will be submitted by the Consultant to the Client periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay to the Consultant ail transaction taxes,if any,whether state,local,or federal,levied with respect to amounts paid hereunder, including but not limited to sales tax. The Consultant shall be compensated in U.S.dollars. Interest will be added to accounts not paid within 25 days at the rate of 12%per annum beginning on the 256 day. If the Client fails to make any payment due the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice,the Consultant may,after giving notice to the Client,suspend services under this Agreement until all amounts due are paid in full. (b) If the Client objects to an invoice,it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived,and the invoice shall conclusively be deemed due and owing. (c) If the Consultant initiates legal proceedings to collect payment, it may recover, in addition to all amounts due, its reasonable attorneys' fees, reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost,at the Consultant's normal hourly billing rates,of the time devoted to such proceedings by its employees. (d) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words"in full satisfaction"or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents. All documents,including but not limited to drawings,specifications and data or programs stored electronically,prepared by the Consultant are related exclusively to the services described in this Agreement,and may be rev 07/05 1 11:71111 Kimley-Hon and Associates, Inc. used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any modifications made by the Client to any of the Consultant's documents,or any use,partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant,and the Client shall indemnify,defend and hold the Consultant harmless from all claims,damages,losses and expenses,including but not limited to attorneys'fees,resulting therefrom. Any authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic files not containing an electronic seal are provided only for the convenience of the Client,and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because data stored in electronic media format can deteriorate or be modified without the Consultant's authorization, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the data. (6) Opinions of Cost. Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others,methods of determining prices,or competitive bidding or market conditions,any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials,shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals,bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination. The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. If any material change occurs in the ownership of the Client, the Consultant shall have the right to immediately terminate this Agreement. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effective date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination.If the Consultant's compensation is a fixed fee,the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed,as reasonably determined by the Consultant,to the total amount of services which were to have been performed. (8) Insurance. The Consultant carries Workers'Compensation insurance, professional liability insurance, and general liability insurance. If the Client directs the Consultant to obtain increased insurance coverage,the Consultant will take out such additional insurance,if obtainable,at the Client's expense. (9) Standard of Care. In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised,under similar circumstances,by reputable members of its profession in the same locality at the time the services are provided. No warranty,express or implied,is made or intended by the Consultant's undertaking herein or its performance of services,and it is agreed that the Consultant is not a fiduciary with respect to the Client. (10)LIMITATION OF LIABILITY. In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law, and notwithstanding any other provisions of this Agreement or the existence of applicable insurance coverage,that the total liability,in the aggregate,of the Consultant and the Consultant's officers,directors,employees,agents,and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes,including but not limited to,the negligence,professional errors or omissions,strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000,whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. This Section 10 is intended solely to limit the remedies available to the Client,and nothing in this Section 10 shall require the Client to indemnify the Consultant. (11) Certifications. The Consultant shall not be required to execute any certifications or other documents that might,in the judgment of the Consultant, increase the Consultant's risk or affect the availability, applicability, or cost of its rev 07/05 2 -r1 Kimley-Hom II\-I MINIand Associates,Inc. insurance. (12) Dispute Resolution. All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. (13) Hazardous Substances and Conditions. (a) Services related to determinations involving hazardous substances or conditions,as defined by federal or state law,are limited to those tasks expressly stated in the scope of services. In any event, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis,recommendations,and reporting,including,when agreed to, plans and specifications for isolation,removal,or remediation. (b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant,the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated.The parties shall decide if Consultant is to proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further agreements as to the additional scope,fee,and terms for such services. (c) Except to the extent of negligence,if any,on the part of the Consultant in performing services expressly undertaken in connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the Consultant from and against any and all claims, losses,damages, liability,and costs in any way arising out or connected with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental liability of any nature,in any manner related to services of the Consultant. (14) Construction Phase Services. (a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation,and the Client waives any claims against the Consultant in any way connected thereto. (b) If the Consultant provides construction phase services,the Consultant shall have no responsibility for any contractor's means,methods,techniques,equipment choice and usage,sequence,schedule,safety programs,or safety practices,nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors,nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. (15) No Third-Party Beneficiaries; Assignment and Subcontracting. This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement, or any claim arising out of the performance of services by Consultant,without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics,schedules,or market conditions. If the Consultant exercises this right,the Consultant will maintain the agreed-upon billing rates for services identified in the contract,regardless of whether the services are provided by in-house employees,contract employees,or independent subconsultants. (16) Confidentiality. The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If,however,any facts,data or information are specifically identified in writing by the Client as confidential,the Consultant shall use reasonable care to maintain the confidentiality of that material. (17) Miscellaneous Provisions. This Agreement is to be governed by the law of the State of Texas. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, rev 07/05 3 ❑ Kimiey-Horn IC— and Associates, Inc. this Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however,that any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. rev 07/05 4 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: 7. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 11/07/06 Budgeted Amount: N/A Exhibits: 2 Subject Consider and act upon approval of an Ordinance No. 2006-67 establishing speed zones for FM 544 from McCreary Road to SH 78. Recommendation Motion to approve the Ordinance No. 2006-67 establishing speed zones for FM 544 from McCreary Road to SH 78. Discussion The Texas Department of Transportation(TxDOT)recently completed a speed zone study for FM 544 in the City of Wylie. The study recommends the posted speed be as follows: Current Proposed McCreary Road to Sanden 45 50 Sanden to SH 78 45 45 The approved Ordinance will be forwarded to TxDOT and will authorize them to install the appropriate speed limit signs. Approved By Initial Date Department Director CH 11/08/06 City Manager ll $ Vdu Page 1 of 1 ORDINANCE NO. 2006-67 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS ESTABLISHING THE MAXIMUM SPEED LIMITS ON FM 544 PROCEEDING FROM McCREARY ROAD TO SH 78,WITH SUCH STREET BEING LOCATED IN THE CITY OF WYLIE,TEXAS,COLLIN COUNTY,TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, Section 545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of Wylie,Texas,taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon,said governing body may determine and declare a reasonable and prudent prima facie speed limit thereon by the passage of an ordinance,which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS,the City Council of the City of Wylie,Texas("Wylie")finds it is necessary for the protection and safety for the citizens of Wylie to declare a reasonable and prudent speed for FM 544 from McCreary Road to SH 78 as set forth in the study attached hereto as Exhibit "A" and incorporated for all purposes as if fully set forth herein. NOW,THEREFORE,BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Establishment of Prima Facie Speed. Upon basis of an engineering and traffic investigation heretofore made, and as authorized by the provisions of §545.356 of the Texas Transportation Code,the prima facie speed limit(s)for FM 544 proceeding from McCreary Road to SH 78 shall be as set forth in the study attached hereto as Exhibit "A" and incorporated for all purposes as if fully set forth herein. Ordinance No.2006-67 FM 544 Speed Zones 1 SECTION 3: Placement of Signs. The City Manager or his/her designated representative is hereby authorized and directed to cause the placement of signs on FM 544 proceeding from McCreary Road to SH 78 indicating the maximum speed allowed. The signs shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The sign shall be permanently affixed to a stationery post or installed on permanent buildings or walls or as approved by the City Manager or his/her designated representative. The sign shall in no way be obstructed from view, and shall comply with applicable state laws. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 14th day of November, 2006. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of Publication:November 22, 2006 in the Wylie News Ordinance No.2006-67 FM 544 Speed Zones 2 Texas Department of Transportation P.O. BOX 133067•DALLAS,TEXAS 75313-3067•(214)320-6100 October 3, 2006 Control: 0619-03 Highway: FM 544 County: Collin Chris Hoisted, P.E. City Engineer City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Subject: Speed Zones Dear Mr. Hoisted: Attached for your information and further handling is a computer printout of the speed zone study on FM 544 in the City of Wylie. We believe the recommended speeds will correspond closely to the speeds at which the normal and prudent driver will drive under the existing conditions. Also attached for your information is a sample speed zone ordinance that might serve as a guide in the preparation of your speed zone ordinance. We will also furnish and install the necessary signs at the proper locations upon receipt of the signed ordinance from the City of Wylie establishing the new speed limits. If we haven't heard from your office within 90 days concerning this speed zone study, we will assume concurrence and we will begin proceedings to have the zoning adopted by Commission Minute. We appreciate the interest you have shown and the cooperation you have given. If we may be of further assistance, please feel free to contact Mr. Linden Burgess at the above address or by telephone at 214/320-6237.4Sin ely, G D. Charlton, P.E. Interim Director of Transportation Operations Attachments An Equal Opportunity Employer 1 1 FM 544/MURPHY '.. DEVELOPMENT INOEVELOPED I BUSMESS RESTRICTED SIDH1 OISTMICE BILL BMW OR ADVISORY SPEED CURVES OVER 2' GRADE OVER 3Z SUR.WDTH Alb TYPE 36 FT 3 LANES W/2 FT-COLIC SILT A/0 2 FT-CONC SIRT R.O.W./R080.11OTI 40 FT RB-ASPHBS ACCDORS ZONE LENGTHS MILD L085 - L. 2.213 .-- ZONE SPEEDS WPMWPM50 NMI - - SO MPH CONTROL SECTION uiRPIY I WILE 0619-03 49 48 49 55 TOWARD WEST .-I 125 Iv 133 f W W PLANO =1 8 I= W I I V' i N of I fBEARINGS ---------- o-L------____-- ____________- _____-- - - - - - - - - - -- - - - - - Nib - I r. +. { w laZ �I IJ ...1, TOWARD EAST uI & 1 WYLIE 3. ;2 l0 48 47 58 8 52 'o 130 125 `s $ a % I I I I I I I i I I I I ZONE SPEEDS OPHI 50 as 50 ire ZONE LENGTHS(MILE) 1.685 2-2L3 ACCOENTS R.O.W./ROW.WOTH 40 FT RB-/SPUDS SUR.MOTH MO TYPE 36 FT 3 LOSES W/2 FT-CONC SILT NO 2 FT-GONG 51RT GRACE OVER 3X CURVES OVER 2' BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE I DEVELOPEENT RESIDUUM. I RURAL I. I 1 pSiRICT: D,LLAs COUNTY, COLLIN MINUTE N.: DATE' LEGEND '1 - -r - -+T/p SPEED ZONE EA PARSONS NONFAT: FY 544 MY: MRPIL. REPLACES: DATE, _ CIA 85 PERCENTILE SPEED ;yr r. J 1 ' ' REPLACED BY: DATE: ®TOP SPEED MEASURED T CONY.BIB SEC.03 a Hu.s rx�n+r.avnc wo vu.s.rt+.s auw n DATE OF SURVEY: OS/06 SCALE: r.0.1 MLE CANCELED BY: DATE: Ea NUIMER OF CARS PECKED - COLLW COUNTY L IM 1T S 0 F ZONE �`DRIVE r1Ru SPEED SS"�E0`TEr3r4, TEXAS DEPARTMENT OF TRANSPORTATIDA ACCOEMT CODE AIM .� S SPEED ZONE MAP SECTION ONE LENGTH: MILES SECTION TWO LENGTH: MILES O PROPERTY DAMAGE E f n'; STA.OR Y.P. CONT.6 SECT. PROJECT 51A OR M.P. CONT.6 SECT. PROJECT : PERSONAL INJURY I � W ' YANG 5°3"'�; FM 544 BEGINS BEGINS — N,94 " — INDICATES SECTION ZONED '`� .21 '��„-�_ s SHY Y OF 5 STA OR Y.P. CONT.A SECT. PROJECT SIN.OR M.P. CONT.A SECT. PROJECT BY COMMISSION MINUTE I+U= M �1.1 1)'`� Oe.grw+ Y.O. 'S•..."°1° ANY m+"'°want d �' • SIGNALIZED INTERSECTION • /� Y • ENDS ENDS I I ALL 2-WAY STOP � ��,Y � I/4400D Dr..., A.I.J. Jr' �"' s (__ l/ Fa.B.: FM 544-02 DAL COLLIN D01V 07 FM544 1 FM 544/WYLIE DEVELOPMENT BUSINESS 'RURAL UNOEVELOPED RESTRICTED SIGHT DISTANCE BALL BAN(OR ADVISORY SPEED CARVES OVER r GRADE OVER 3X SIR.ROTH AND TYPE 36 FT 3 LANES R/2 FT-CONC SALT N10 2 FT-CONC SHRT R-0.w./RO13D.WIDTH 40 FT R8-ASPI*S ACCIDENTS ZONE LENGTHS OILEI 2.213 . ZONE SPEEDS ORVO 50 MPH CONTROL SECTION 0619-03 RYLE 49 52 TOWARD WEST ea I 6t J s1 I W; 125 125 IA PLANO N I I N w� IN of to �. c f 0 Q BEARINGS ------ oj--- _- - - - - -- --- - - - -- - - - - - - - - - - -- -- - - - - - - - - - --- - -- 1.6 ai Id 3r 2 WI I TOWARD EAST 0I 12 p WYLIE 4; a .s 1121 m 51 F.- E S ® § 61 ®' `S 125 S 1 I I I I I I I I I I ZONE SPEEDS OM 50 MPH ZONE LENGTHS OWE/ 2.213 ACCIDENTS R.O.R./ROBS.ROTH 40 FT RB-ASPHBS SIR.mom AND TYPE 36 ET 3 LANES R/2 FT-COMIC SHIT AND 2 FT-COMIC WE GRADE OVER 3X CURVES OVER 2' BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE DEVELOPMENT RDRAL 1 RURAL RESIDENTIAL DISTRICT: DALLAS COUNTY: COLLIN YNJTE No: DATE: LEGEND . - ' - SPEED ZONE r� HIGHWAY, FM 544 CITY: NIL( REPLACES: DATES BS PERCENiL,E SPEED1 II - , I 1PARSONS .REPLACED BY: DATE ©tOP SPEED MEASURED r CONT.61B SEC.03 111 rsrro ww wua ww..r.mn SOS eux rc.0 nw on,a.reo DATE OF SURVEY: 05/06 SCALE- r-0.111LEE'I OF CARS CVECKED CANCELED BY: DATE: COLLN COUNTY 30 DRIVE TNRU SPEED CHECKS - p1E6?Ey"�� I. III ITS OF ZONE ACCCiENT C TExAODEs• OEPARTRENT OF TRANSPORTATIOA SECTION ONE LENGTH: MILES SECTION TWO LENGTH: MILES 0 PROPERTY DAMAGE M • SPEED ZONE YAP STAIN HP. CONT.A SECT. PROJECT STA.OR MP. CONT.A SECT. PROJECT 0 AWRY II rANG ouraNL FM 544 r B553RBEGINS BEGINS • FAtAL I �'� 2i e: NDIGLTES SECTgN ZONED I r3 Es r� �py� SHT 3 Of 6 —BY COMMISSION RWUTE i E, I :-41, 1/��,(/�O- �p ,s Y.O. '5(55 ^"�STA.OR Y3. CONT.I.SECT. PROJECT STA.OR UN. CONT.A SECT. PROJECT Y -----��-- �r 51GNALMZED NtERSECTNN A. • ENDS ENOS ALL RAY STOP °�k " Irc: iA i/b Ob [n.�k.a. J.B.P. *A% �R E 2-WAY STOP E/1-] jam hv.• A.H.J. �.':S ` Re Naxw FM 544-03 DAL COLLIN N1 03 PY644 I FM 544/WYLIE I j DEVELOPMENT RURAL UNDEVELOPED I RESTRICTED SIGHT DISTANCE BALL BAN(OR ADVISORY SPEED CURVES OVER 2• GRADE OVER 32 ._ SUR.WIDTH AND TYPE 36 FT 3 LAVES W/2 FT-CO$C SHLT AND 2 FT-GONG SH€T R.O.W./RD80.MOTH 40 FT RB-ASPHUS ACCAOENTS ZONE LENGTHS(MILE/ 2.213 - 0.661 ZONE SPEEDS I01PH1 ,� 50 YPH 45 YPH CONTROL SECTION I 0619-03 WYLE 52 48 TOWARD WEST .� 60 135 I n „ H 60 133 ;W e. PLANO =1 I= �I IN aI I ft BEARINGS ---------- 1 — � - - - - - - - - - - - - - - - - - - -- - - --- - ------------------- - ig i m I I� '. 8 jz TOWARD EAST u j j x WYLIE 7- 61 52 45 'm< 8 56l § 50 I 8 8 8 130 8 133 E S I I I I I I I I I I I ZONE SPEEDS UYPM 50 MPH - 45 MPH ZONE LENGTHS GILD 2.213 r- 0.661 ACCIDENTS R.O.WJR0130.WIDTH 40 FT RB-ASPHBS SUR.WIDTH AND TYPE 36 FT 3 LA/ES WIT FT{OC SHLT AND 2 FT-CONC SHTT GRADE OVER 31 CURVES OVER 2' BALL BAN(OR ADVISORY SPEED I RESTRCTEO SIGHT DISTANCE DEVELOPMENT - RURAL RESIDENTIAL I WYLE HS I RURAL I I DUSTRIA. 01STRICT: DAUM COUNTY: COLLN MINUTE No.; DATES -LEGEND '1 HFAIWAY: FY 514 CITY, wrlE REPLACES DATE m BS PERCENTLE SPEED ' SPEED ZONE ®PARSONS REPLACED BY: DATE: ©TOP SPEED MEASURED CONT.519 SEC.03 n,on„eAs�rweWr,mx see eru•s.rza•s nw ,ern n.eno DATE OF SURVEY: 05/06 SCALE' P-0.1 MA.E CNOCELED BY: -_ DATE: ®NUMBER OF CARS CIECKEO - . ,o-...-DRIVE TINY SPEED CYEM - MUM COUNTY tiPSEaTEty' L I IT S OF ZONE ACCIDENT CODE tea.- ... '',� TEXAS DEPARTMENT OF TRANSPORTAT10h Ilia �,Lp SPEED ZONE MAP SECTION ONE LENGTH: MILES SECTION TWO LENGTH: MILES 0 PROPERTY(WAG{ a a f GV 0 PERSONAL N.AIRT i e TANG CUYMQ fl STA OR Y.P. CONT.A SECT. PROJECT STA OR M.P. CONT.6 SECT. PROJECT 85539 BEGINS BEGINS • FATAL i :, FM 544 . — NDICATES SECTION 201E0 kV m r. 'I . Fmi4. - - - SIT 4 Of 5 BY COYYISSON WUTE - Dee:q,e4. Y.O. 'ADA STA CR Y.P. CART.A SECT. PROJECT STA OR M.P. CONT.1.SECT. PROJECT SIGNALRED NTERSECTIONr. yt /�//� �.+ Ua..cMw_ilhiMmil J.U.P.- Ma ��r�Aer �'- - 1/P"IO"O6 Ore.,, A.H.J. r�i.'� ENOS ENDS ALL WAY STOP - CC x 2-WAY S10P • OLLI 1pa 0 '8 ?: � -, � Tie Mew FM RM44-04.DAL COLLTN OBIB 03 111844 FM 544/WYL1E \ DEVELOPMENT RURAL' BUSIES$ r RESTRICTED SIGHT DISTANCE BALL BANE OR ADVISORY SPEED CARVES OVER 2' GRADE OVER 32 - SIR.WIDTH AND TYPE 36 FT 3 LANES W/2 F7•CONC SILT MO 2 FT-CONC SHRT R.O.N./ROBO.WIDTH 40 FT RB-ASPHBS ACCIDENTS ZONE LENGTHS EYLE) 0.661 ZONE SPEEDS MPH) • 45 YPH CONTROL SECTION 0619-03 W YUE 43 TOWARD WEST �I W 53 II 125 PLANO i =' g A W 51I . 01 g 0, _ Ct BEARINGS -------- 01--I---------------------------------------------� 1I W iz . TOWARD EAST u 1 WYLIE m 41 R 46 + § -E 125 0 0 yZONE SPEEDS IMPH) 45 MPH ZONE LENGTHS INLET 0.661 ACCIDENTS R.O.W./R•BO.WIDTH 40 FT RB•ASPHBS SUR.WIDTH NO TYPE 36 FT 3 LIES W/2 FT-CONC SHLT NO 2 FT-CONC DIRT GRADE OVER 32 CURVES OVER 2• BALL BANE OR ADVISORY SPEED - RESTRICTED SIGHT DISTANCE 9 DEVELOPMENT WWSTRN.I BUSINESS f DISTRICT: DALLAS COUNTY/ CALM IMPUTE NO.: OATS, LEGEND ,R HIGHWAY, FY 544 CITY: WYLE REPLACES, DATE: ,�85 PERL�NTLE SPEED ` SPEED ZONE ��PARSONS DATE OF SURVEY, OS/O6 REPLACED BY: DATE: ®TOP SPEED MEASURED CONT.610 SEC.03 '^NNW o-aus'o'""'•'•a"E We^'LL"£'E"s'5T`4 K1i�WINOSCALE, r-0.1 NN_E CANCELED BY: DATE: E z3 NADER OF CMS DECKED L I M ITS O F ZONE ®^D T"R SPEED COLLN COUNTY _ TY!t., _ 5^*`3rI, ,/ TEXAS DEPARTMENT OF TRANSPORTATION ACCIDENT CODE T-- SPEED ZONE MAP SECTION ONE LENGTH: MILES SECTION TWO LENGTH: MILES 0 PROPERTY DANAGE 4 STA.OR M.P. CONT.6 SECT. PROJECT STA OR Y.P. CONT.L SECT. PROJECT O PERSDI+N''war �W rVIC aurwc • FATAL % FM 544 BEGINS BEGINS y 85539 _INDICATES SECTION ZONED ' 'I �E1U iUs_1 `4'� 9HT S OF 5 STA.OR Y.P. CR01.N SECT. PROJECT STA.OR Y.P, CONT.6 SECT. PROJECT BY OOWS$DN WNUTE I J ow._a rr`c+a.�".� _ � Y esgoea Y.O. 'Yr.$° .,.a g SNRIALILED INTERSECTION � � G � � �J ) Check.. J.B.P. mAs 6 ENDS ENDS ALL WAY STOP ! _ OCO U)...ru A.H.J. a.�.Y j - 2-WAY STOP fO"" n.N.mr FM 644-05 DAL COLLIN pBf9 07 PN644 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: 8. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 11/07/06 Budgeted Amount: N/A Exhibits: 2 Subject Consider and act upon approval of an Ordinance No. 2006-68 establishing speed zones for FM 2514 (Parker Rd.) from the City Limits to Brown Street. Recommendation Motion to approve the Ordinance establishing speed zones for FM 2514 from the City Limits to Brown Street. Discussion The Texas Department of Transportation(TxDOT) recently completed a speed zone study for FM 2514 in the City of Wylie. The study recommends the posted speed be as follows: Current Proposed City Limits to south of the RR tracks 50* 50 South of the RR tracks to Brown St. 40 40 * Currently the 50 mph speed zone ends on the north side of the tracks. The approved Ordinance will be forwarded to TxDOT and will authorize them to install the appropriate speed limit signs. Approved By Initial Date Department Director CH 11/7/06 City Manager //1, k it <4 IA Page 1 of 1 ORDINANCE NO. 2006-68 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS ESTABLISHING THE MAXIMUM SPEED LIMITS ON FM 2514 PROCEEDING FROM THE CITY LIMITS TO BROWN STREET,WITH SUCH STREET BEING LOCATED IN THE CITY OF WYLIE,TEXAS,COLLIN COUNTY,TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,Section 545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of Wylie,Texas,taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon,said governing body may determine and declare a reasonable and prudent prima facie speed limit thereon by the passage of an ordinance,which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS,the City Council of the City of Wylie,Texas("Wylie")finds it is necessary for the protection and safety for the citizens of Wylie to declare a reasonable and prudent speed for FM 2514 from the City Limits to Brown St. as set forth in the study attached hereto as Exhibit"A"and incorporated for all purposes as if fully set forth herein. NOW,THEREFORE,BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Establishment of Prima Facie Speed. Upon basis of an engineering and traffic investigation heretofore made, and as authorized by the provisions of §545.356 of the Texas Transportation Code,the prima facie speed limit(s)for FM 2514 proceeding from the City Limits to Brown St. shall be as set forth in the study attached hereto as Exhibit"A" and incorporated for all purposes as if fully set forth herein. Ordinance No.2006-68 Item#8-Attachment-Ordinance No.2006-68-FM 2514 speed zone ordinance.doc 1 SECTION 3: Placement of Signs. The City Manager or his/her designated representative is hereby authorized and directed to cause the placement of signs on FM 2514 proceeding from the City Limits to Brown St. indicating the maximum speed allowed. The signs shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The sign shall be permanently affixed to a stationery post or installed on permanent buildings or walls or as approved by the City Manager or his/her designated representative. The sign shall in no way be obstructed from view, and shall comply with applicable state laws. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 14th day of November, 2006. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of Publication:November 22. 2006 in the Wylie News. Ordinance No. 2006-68 Item#8-Attachment-Ordinance No. 2006-68-FM 2514 speed zone ordinance.doc 2 Jr Texas Department of Transportation P.O. BOX 133067•DALLAS,TEXAS 75313-3067•(214)320-6100 October 3, 2006 Control: 2679-03 Highway: FM 2514 County: Collin Chris Hoisted, P.E. City Engineer City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Subject: Speed Zones Dear Mr. Hoisted: Attached for your information and further handling is a computer printout of the speed zone study on FM 2514 in the City of Wylie. We believe the recommended speeds will correspond closely to the speeds at which the normal and prudent driver will drive under the existing conditions. Also attached for your information is a sample speed zone ordinance that might serve as a guide in the preparation of your speed zone ordinance. We will also furnish and install the necessary signs at the proper locations upon receipt of the signed ordinance from the City of Wylie establishing the new speed limits. If we haven't heard from your office within 90 days concerning this speed zone study, we will assume concurrence and we will begin proceedings to have the zoning adopted by Commission Minute. We appreciate the interest you have shown and the cooperation you have given. If we may be of further assistance, please feel free to contact Mr. Linden Burgess at the above address or by telephone at 214/320-6237. Sincer , Ga . Charlton, P.E. Interim Director of Transportation Operations Attachments An Equal Opportunity Employer FM 2514 DEVELOPMENT RURAL RESIDENTIAL I CHURCH I RURAL RESOENTUL RESTRICTED SRAIT OISTMICE BALL BANK OR ADVISORY SPEED IADVISORY SPEED IADVISORY SPEED CURVES OVER 2' 35 MPH - 4D MPH GRADE OVER 32 SUR.WOW AND TYPE SEE BELOW R O.W./ROBO.WBTH SEE BELOW ACCIDENTS ZONE LENGTHS(MLE) LOB - 0.z0B 0.814 s ZONE SPEEDS IMP) 55 MPH - 55 MPH 50 MPH E CONTROL SECTION 2679-03 I calm cOUIrT IWYLE _...] 54 52 NB 54 H TOWARD WEST/NORTH W 71 130 1251 EEO® !w W' g y I_ PARKER 4n.. a in s I W W' W W N r i Go. >Zd 3 IO si Ct BEARINGS ------ a - - --- - - - - - - --_ - --- - - - - - - p- E - - - = 0 x Ia ai mx ; N i? W W'Z TOWARD EAST/SOUTH u I a 2 W i F. U 'a WYLIE N 52 0 53 S ,. 63 S 8 61 h ss 8 127 8 S 125 0 125 g 1 I I i I I �I I I F ZONE SPEEDS MPH/ 55 MPH - 55 MPH - 50 MPH 201E LENGTHS(MILE) 1.138 - — 0.208 - 0.B14 ACCIDENTS R.O.W./RORO.WIDTH 30 FT RB•STABS SM.WIDTH NO TYPE 24 FT 2(HIES W/3 FT-CST SRLT MA 3 FT-CST 9RT GRADE OVER 3D CURVES OVER 2' RAIL BANK OR ADVISORY SPEED ADVISORY SPEED [MUVISURY SPEED I RESTRICTED SIGHT USTMCE 35 MPH 40 MPH — DEVELOPMENT RURAL RESIDENTIAL COMMERCIAL RESDENTW. DISTRICT: DALLAS COUNTY: MLR MUTE ATE' LEGEND LaLn SPEED ZONE nPARSONS HGHWAR FY 2514 CITY: REPLACES' DATE: 65 PERCENTILE SPEED '' T COUNTY • axxo xur«e.un wa....a.re fos wan.rnn xss.e nrx:m-ee. REPLACED BY: DATE: killTOP SPEED OF MCEASS REC'NED AKE ' CONT.2679 SEC.03 DATE OF SURVEY: OS/06 SCALE: r•0.111LE CANCELED en DATE: _ o-�DRIVE TIRO SPEED CHECKS ----�___,q -- 1 f S,P?Ek�S?el TEXAS DEPARTMENT OF TRANSPORTATION LIMITS O F Z O N E ACCDENT CODE r SPEED ZONE MAP SECTION ONE LENGTH, MILES SECTION TWO LENGTH, MILES 00 PR PROPERTY / rr ® • f YANG wYAw STA.OR M.P. CONT.{SECT. PROJECT STA.OR M.P. LONT.i SECT. PROJECT . FATAL ®- r.: A B5539 FM 2514 BEGINS BEGINS — w � ra S,e c ' NY CA7ES SECTION ZONED g 4. - 511 9 OP 4 _ BY COMMISSION MINUTE I Designed: Y.D. '$.:$i0 "•" ^�"�"'�a �' ' = STA OR MP. CONT.I SECT. PROJECT STA.OR M.P. CONT.&SECT. PROJECT SIGNALIZED INTERSECTION - a rN:u�r' �� w . ENDS ENDS - ALL • WAY STOP . . / b ?oo6 [^'wn: J.B.P. 2-WAY STOP !d Drawn: A.H.J. BMA �`•� O a•N..: PM2514-03 DAL COLLIN 2679 03 1,9=4 i FM 2514/WYLIE I DEVELOPMENT RURAL RESIDENTIAL _l C01NEROYL I CHUROI I RESTRICTED SIGHT DISTANCE BALL BANK OR ADVSORY SPEED ORVES OVER 2' Ik GRADE OVER 32 SUIL ROTH MID TYPE SEE BELOW R-O.W-/RDBD.WIDTH SEE BELOW ACCIDENTS ZONE LENGTHS NICE) 0.814 0223 I. 2(NE SPEEDS OPN) 50 MPH 40 1PH I CONTROL SECTION 2679-03 WYLE 50 44 TOWARD WEST/NORTH W g 11291E 135 PARKER NI W I m lA OI 12 BEARINGS ------------i at - - - - --- - - - - - - - - - - - Mi� c f M, s La I il J 2 TOWARD EAST/SOUTH xI M m 48 11 t 41 $ 61 $ e 47 2 [ lg 131 E E 125 E. I I I I I I I : I 201 E SPEEDS(RPM 50 WV -- 40 MPH j —+ LOWLENGTHS OU)a 0.84 —L 0.223 V —► ACCIDENTS R.O.W./R080.WIDTH 30 FT RN-STADES 40 FT R8-STABBS SUR-WIDTH AND TYPE 24 FT 2 LANES W/3 FT-CST SHLT AND 3 FT-CST SHRT 24 FT 2 LANES W/8 FT-CST SILT ND 8 FT-CST SNIT GRACE OVER 37 CURVES OVER 2' BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE DEVELOPMENT RESDENTIAL l DISTRICT: DALLAS COUNTY: COLLM INNATE x..: DATE: LEGEND ' SPEED ZONE PARSONS REPLACES. DATE I COLLN NORWAY: FM 2514 OTY: WYLIE ®85 PERCENiLE SPEED COUIITY Manx 0.:irs rwa•er.w+c 000 wars.MOO MN nit,w+-.Oe IEPLACEO BY+ DATE A TOP SPEED MEASURED = CONT-2679 SEC.03 10 DATE OF SURVEY: 05/06 SCALE: r-O.T SLE CANCELED 8Y: DATE: �_E]TIMBER OF CARS CHECKED II LIMITS D F ZONE �l DRIVE THRU SPEED CHECKS — ,TE 4F�e.�•M ACCIDENT CODE __-4,... .I,M TEXAS DEPARTMENT OF TRANSPORTATION SECTION ONE LENGTH: MILES SECTION TWO LENGTH: MILES 0 PROPERTY DAMAGE SPEED ZONE NAP PERSONAL KART 1 STA.OR M.P. CONT.II SECT. PROJECT STA.OR M.P. CONT.M SECT. PROJECT 0 '� '""`°t"A"� F M 251 4 � FATAL ® ' ••-�7 Mi 85539 BEGINS BEGINS ma ,i- ;IL BY GOES SECTION ZONED — 1 Il .4rPis 14* t _SHT 4 OF 4 BY COMMSSDN YMUTE 1 Y/ i`P'1,I 0 Nhaw,.4: Y.O. Y.'.r sr.n rm.sMsac... •a+ STA.OR M.P. CONT.&SECT. PROJECT STA.OR M.P. CUNT.&SECT. PROJECT SIGNALIZE°NTERSECTgN t... 4 •s ENDS ENDSO 6 [necks. J.B.P. .,.n. Ms ALL WAY STOP / ` s.W 2-WAY STOP yjab js O I A..x A.H.J. .�;..s 'y 1 03 1 111 Fa.��•' FM2514-04 DAL COLLIN •NOTIM 09 �14 Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: 9. Department: Engineering (City Secretary's Use Only) Prepared By: Chris Hoisted Account Code: N/A Date Prepared: 11/07/06 Budgeted Amount: N/A Exhibits: 2 Subject Consider and act upon approval of an Ordinance No. 2006-69 establishing speed zones for FM 3412 (Brown St.) from FM 1378 to SH 78. Recommendation Motion to approve the Ordinance No. 2006-69 establishing speed zones for FM 3412 from FM 1378 to SH 78. Discussion The Texas Department of Transportation (TxDOT)recently completed a speed zone study for FM 3412 in the City of Wylie. The study recommends the posted speed be as follows: Current Proposed FM 1378 to 1,450' west of Westgate Way 55 50 1,450' west of Westgate to Westgate 45 45 Westgate to east of Jackson 30 35 East of Jackson to SH 78 30 30 The approved Ordinance will be forwarded to TxDOT and will authorize them to install the appropriate speed limit signs. Approved By Initial Date Department Director CH 11/02/06 City Manager jf 11 lqa Page 1 of 1 ORDINANCE NO. 2006-69 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS ESTABLISHING THE MAXIMUM SPEED LIMITS ON FM 3412 PROCEEDING FROM FM 1378 TO SH 78, WITH SUCH STREET BEING LOCATED IN THE CITY OF WYLIE, TEXAS, COLLIN COUNTY, TEXAS; PROVIDING FOR NOTIFICATION OF THE MAXIMUM SPEED LIMIT BY THE INSTALLATION OF SIGNS AND MARKERS TO REGULATE VEHICULAR SPEED ON THE DESIGNATED STREET; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS,Section 545.356 of the Texas Transportation Code provides that whenever the governing body of the municipality shall determine upon the basis of an engineering and traffic investigation that any prima facie speed therein set forth is greater or less than is reasonable or prudent under the conditions found to exist at any intersection or other place or upon any part of a street or highway within the City of Wylie,Texas,taking into consideration the width and condition of the pavement and other circumstances on such portion of said street or highway, as well as the usual traffic thereon,said governing body may determine and declare a reasonable and prudent prima facie speed limit thereon by the passage of an ordinance,which shall be effective when appropriate signs giving notice thereof are erected at such intersection or other place or part of the street or highway; and WHEREAS,the City Council of the City of Wylie,Texas("Wylie")finds it is necessary for the protection and safety for the citizens of Wylie to declare a reasonable and prudent speed for FM 3412 from FM 1378 to SH 78 as set forth in the study attached hereto as Exhibit "A" and incorporated for all purposes as if fully set forth herein. NOW,THEREFORE,BE IT ORDAINED 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 Ordinance as if fully set forth herein. SECTION 2: Establishment of Prima Facie Speed. Upon basis of an engineering and traffic investigation heretofore made, and as authorized by the provisions of §545.356 of the Texas Transportation Code,the prima facie speed limit(s)for FM 3412 proceeding from FM 1378 to SH 78 shall be as set forth in the study attached hereto as Exhibit"A"and incorporated for all purposes as if fully set forth herein. Ordinance No. 2006-69 Item#9-Attachment-FM 3412 speed zone ordinance.doc 1 SECTION 3: Placement of Signs. The City Manager or his/her designated representative is hereby authorized and directed to cause the placement of signs on FM 3412 proceeding from FM 1378 to SH 78 indicating the maximum speed allowed. The signs shall be placed at the most advantageous points to be conspicuous to approaching vehicular traffic. The sign shall be permanently affixed to a stationery post or installed on permanent buildings or walls or as approved by the City Manager or his/her designated representative. The sign shall in no way be obstructed from view, and shall comply with applicable state laws. SECTION 4: Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 6: Penalty Provision. Any person violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum of not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00). Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 7: Effective Date. This Ordinance shall be effective upon its passage and publication as required by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS, on this 14th day of November, 2006. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: Carole Ehrlich, City Secretary Date of Publication: November 22, 2006 in the Wylie News Ordinance No.2006-69 Item#9-Attachment-FM 3412 speed zone ordinance.doc 2 41 Texas Department of Transportation P.O. BOX 133067•DALLAS,TEXAS 75313-3067•(214)320-6100 October 5, 2006 Control: 0619-06 Highway: FM 3412 County: Collin Chris Hoisted, P.E. City Engineer City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Subject: Speed Zones Dear Mr. Hoisted: Attached for your information and further handling is a computer printout of the speed zone study on FM 3412 in the City of Wylie. We believe the recommended speeds will correspond closely to the speeds at which the normal and prudent driver will drive under the existing conditions. Also attached for your information is a sample speed zone ordinance that might serve as a guide in the preparation of your speed zone ordinance. We will also furnish and install the necessary signs at the proper locations upon receipt of the signed ordinance from the City of Wylie establishing the new speed limits. If we haven't heard from your office within 90 days concerning this speed zone study,we will assume concurrence and we will begin proceedings to have the zoning adopted by Commission Minute. We appreciate the interest you have shown and the cooperation you have given. If we may be of further assistance, please feel free to contact Mr. Linden Burgess at the above address or by telephone at 214/320-6237. Sincerely ofy Gary D. Charlton, P.E. Interim Director of Transportation Operations Attachments An Equal Opportunity Employer FA 361 YLIE \ DEVELOPMENT i RURAL RESTRICTED SIGHT DISTANCE BALL BARE OR ADVISORY SPEED CURVES OVER 2' GRADE OVER 3X SUR. WIDTH AND TYPE SEE BELOW R.O.W./ROB°. WIDTH SEE BELOW ACCIDENTS + ZONE LENGTHS (MILE) e,.� 0.773 0.277 ZONE SPEEDS MLPH> 50 WE 45 MPH CONTROL SECTION 0619-06 1zs.s39— WYLIE 50 ....d 47 ti TOWARD WEST Hn B25 15295 i W 1 Va WYLIE LL W 0 0 01 f X CL BEARINGS-------- a d w z TOWARD EAST J V WYLIE 2 4 50 46 a 1 55 S - 55 131 ^ 131 a I I I I I I I I I I ZONE SPEEDS IYPNI r--- SO MPH v 45 WA ZONE LENGTHS MILD a— 0.773 - - 0.277 ACCIDENTS R.O.W./RUBD. WIDTH 22 FT RB- FLEKBS SUR. WIDTH AND TYPE 22 FT 2 LANES NO SHOULDER GRADE OVER 3X CURVES OVER 2' BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE DEVELOPMENT I RURAL I RURAL RESIDENTIAL MINUTE ND.: DATE: COLLIN SPEED ZONE m PARSONS DISTRICT: DALLAS COUNTY: COLL IN LEGEND G E N D REPLACES: DATE: COUNTY NICUNT. OBIS SEC. 06 nr Man run M..,.,WIN fee Tway.TENS Ts""" i HIGHWAY: FM 7Al2 CITY: NYIfE Q IS PERCENTILE SPEED NI REPLACED BY: DATE: Ku TOP SPEED MEASURED �-1 4-'�"� am ni-:NN DATE OF SURVEY: 05/06 SCALE: I' .0.1 MILE CANCELED BY: DATE: ®NUMBER OF CARS CHECKED L I M 1 T S O F Z 0 N E ®I DRIVE EMU SPEED CHECKS yiitE "TI 7xes Department of Trensportettor ACCIDENT CODE f Qom__ d ® - �1 SECTION ONE LENGTH: MILES SECTION TWO LENGTH: MILES 0 PROPERTY DAMAGE �S " SPIED ZDNN MAP 1 f.: STA. OR Y.P. CONT. 1 SECT. PROJECT STA. OR Y-P. CUNT. I SECT. PROJECT O PERSONAL INJURY an .. ;�"_ i raNG OWING BEGINS BEGINS • FATALrn�. ` •` essay ' Fb�J3412 INDICATES SECTION ZONED ' �Pt +• riT -'$'cyQ � —BY COMMISSION MINUTE t . iDiK = MIT 1 OR a STA. OR ALP. CUNT. L SECT. PROJECT STA. OR Y.P. CONY. L SECT, PROJECT SIGNALIZED INTERSECTION — - Oe"lDne: Y•O• Far: r"x noun"r"�"" ENDS ENDS ALL WAY STOP CnecA.e J.B.P. TIXY ra. - 2-WAY STOP Dram: A.H.J."Y&'S. 'IT"%"4: 4 r" ` Y.ie Na"e, WM$412.QJ DAL COLLIN O4H1 of /Y$Al2 IFN 3492iWeYlliI \ DEVELOPMENT RURAL I COIMENCTAL I RESIDENTIAL 'DOWNTOWN RESTRICTED SIGHT DISTANCE BALL BANK OR ADVISORY SPEED I SCHOOL ZONE-20 MPH ADV SPEED-20MP CURVES OVER 2' ITF BIRMINGHAM ELEMENTARY) IS-CURVE) T 90' TORN GRADE OVER 32 SUR. WIDTH AND TYPE SEE BELOW R.O.W./ROBD. WIDTH SEE BELOW ACCIDENTS ZONE LENGTHS >MILE( 0.277 0.751 • .... 0.306 ZONE SPEEDS (MPH) 45 MPH --- 35 MPH r-. 30 MPH CONTROL SECTION 1 0619-06 WYLIE M 135 32 r w -+-� 48 37 w TOWARD WEST N 112s 125 - VIM_l E w N v. O O O H) o 0 o CL BEARINGS-------- F— -_- - 0 W 71 W A. W Z J H J TOWARD EASTca I I- WYL 1 E y 35 1 o 329 1 5 _ 25� 18 I I 30 1PH I I I I I I 1 I I I ZONE SPEEDS (MPH) 45 MPH 75 MPH 0.306 ZONE LENGTHS (MILE) 0.271 0.751 _ ACCIDENTS R.O.W./RDBD. WIDTH 22 FT RB-FLEXES 32 FT RB- FLEXES 56 FT R6-FLEXES SUR. WIDTH ANO TYPE 22 FT 2 LANES NO SHOULDER 22 FT 2 LANES N/5 FT-CST SILT AND 5 FT-CST SHRT 22 FT 2 LANES WITH PARKING GRADE OVER 3X CURVES OVER 2' • 190• TURN BALL BANK OR ADVISORY SPEED I SCHOOL ZONE-20 MPH I lADY SPEED-20MPII 1 RESTRICTED SIGHT DISTANCE ITF BIRMINGHAM ELEMENTARY) IS- CURVE) DEVELOPMENT RURAL RESIDENTIAL I COMMERCIAL ] RESIOENTIAL I CGUERCIALIDOWNTORI DISTRICT: DALLAS COUNTY: COLLIN MINUTE No.: DATE: LEGEND VA - COLLIN SPEED ZONE = PARSONS REPLACES: DATE: LEI B5 PERCENTILE SPEED COUNTY • HIGHWAY: FM 3412 CITY: WYLIE UR REPLACED BY: DATE: ®TOP SPEED MEASURED CONY. 0619 SEC. 06 •::• •.k.As rO.anr.wnc f...LL.K nau ts:x NTW wi:w. DATE OF SURVEY: 05/06 SCALE: 1• •0.1 MILE CANCELED BY: DATE: pmNIAIBER OF CARS CHECKED �1 W_ O L I M I. T S 0 F Z 0 N E o-� DRIVE TRW SPEED CHECKS - """ ' i,':� 7 Texas Department of Transportet1or ACCIDENT CODE SECTION ONE LENGTH: MILES SECTION TWO LENGTH: MILES 0 PROPERTY DAMAGE _;o'p'°'.�.i ® '•:,I seem sO1N AI/1► - ... PERSONAL INJURY /._.... .�.. ��"ii i• YANG our.*•.3 • STA. OR W P. CONY. L SECT. PROJECT STA. OR Y.P. COWL L SECT. PROJECT FATAL C -H .. i 1 B•5539 F R 3402 BEGINS BEGINS 35 _ INDICATES SECTION ZONED • ' in: ��1 fLSTC•"'w_ SNP 3 OP 3 BY COIMISSION MINUTE t _ VSSo`.�E D..1pw.]: Y.O. 'NOV sun re0.•.ua w.xn-. TIT STA. OR M.P. CONY, L SECT. PROJECT STA. OR Y.P- CONY. I SECT. PROJECT SIGNALIZED INTERSECTION ®" - ENDS ENDS ALL WAY STOP -..1 CW.CW.m J.B.P. moon 2-WAY STOP Oro.: A.H.J.af•AL YR..Wow.: PMW�if•QZ DAL COLLIM 0611 06 r Hum I DEVELOPMENT DOWNTOWN I RESTRICTED SIGHT DISTANCE BALL BANK OR ADVISORY SPEED CURVES OVER 2' GRADE OVER 3X STIR. WIDTH AND TYPE SEE BELOW g R.O.W./ROBO. WIDTH SEE BELOW - ACCIDENTS ZONE LENGTHS (MILE) 0.306 - ZONE SPEEDS )MPH) 30 MPH CONTROL SECTION 0619-06 WYLIE N 24 TOWARD WEST N H 131 WYLIE W v 0 r o — CL BEARINGS--------' o—---_-—---— W J 4 TOWARD EAST = 0 21 28 -."-- S 125 8 ZONE SPEEDS MPH) 30 MPH) ZONE LENGTHS (MILE) 0.306 ACCIDENTS R.O.W./RDBD. WIDTH 56 Fl RB-FLEXBS 22 RB-FLEXBS SUR. WIDTH AND TYPE 22 FT 2 LANES W/PARKING 22 FT 2 LANES NO SHOULDER GRADE OVER 3X CURVES OVER 2' BALL BANK OR ADVISORY SPEED RESTRICTED SIGHT DISTANCE DEVELOPMENT DOWNTOWN DISTRICT: DALLAS COUNTY: COLLIN MINUTE Mo.: DATE: LEGEND REPLACES: DATE: I ,.€I�«HLT" SPEED ZONE (m'PARSONS HIGHWAY: FM 3112 CITY: WYLIE Ea 85 PERCENTILE SPEED - i CONT. 0619 SEC. 06NI REPLACED BY: DATE: ®TOP E MEASURED ',TM.on.MIAs•.su.+..wn[MY wus,rtus.s:x rap»,-»m DATE OF SURVEY: 05/06 SCALE: I' •0.1 MILE CANCELED BY: DATE: ®NUMBER OF CARS CHECKED L I M I T S O F Z O N E 30 DRIVE PER SPEED[NECKS - rg}P�E;.`S+sss,, xas Department of Transportation ACCIDENT CODE 1 ," d �® _ '1, SECTION ONE LENGTH: MILES SECTION TWO LENGTH: MILES 0 PROPERTY DAMAGE / '�111 ''•' SPIED COLS NAP STA. OR M.P. CONT. 6 SECT. PROJECT STA. OR M.P. CONT. I SECT. PROJECT O PERSONAL INJURY A '�?5i T�•, i YANG oo .o ¢M c»�1 yy 0 FATAL ; R_.f::. i Y'hi 341E BEGINS BEGINS , �:-- 85531 INDICATES SECTION ZONED . Friel- f III . 4015lEt - BY COMMISSION MINUTE +N. 4:81 . OesiaxA. WN.- OF i STA. OR M.P. CONT. I.SECT. PROJECT STA. OR M.P. CONT. 6 SECT. PROJECT SIGNALIZED INTERSECTION ... Y'0' •�'' m�` maw.my man x. VT ENDS ENDS ALL WAY STOP _ •� CMcked: J.B.P. YWf<A• •,�+ 2-WAY STOP I + Dro.ne A.H.J..J5 �+• cl le Paw WNWsu.03 DAL COLLIN Oil 04 IAran: Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: 10. Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Date Prepared: October 24, 2006 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, Ordinance No. 2006-70 amending Ordinance No. 98-16 (Fee Schedule) and amending Ordinance No. 2002-10 (Park Use Fees Ordinance), Section 42.01 (Athletic Field Reservation Fee); Section 42.03 (Athletic Field Light Fee); deleting Section 42.04 (Athletic Field Marking/Chalk Fee) and amending Section 42.06 (Receipt of payment and late payment regarding all usage fees). Recommendation Motion to approve Ordinance No. 2006-70 amending Ordinance No. 98-16 (Fee Schedule) and amending Ordinance No. 2002-10 (Park Use Fees Ordinance), Section 42.01 (Athletic Field Reservation Fee); Section 42.03 (Athletic Field Light Fee); deleting Section 42.04 (Athletic Field Marking/Chalk Fee) and amending Section 42.06 (Receipt of payment and late payment regarding all usage fees). Discussion At the joint meeting between the City Council and the Parks and Recreation Board held in January 2006, direction was given from the City Council to the Board to review the athletic light fee and athletic user fees. The following suggestions were given at the joint meeting for the Board to explore: Athletic Light fees: ➢ Propose a Light fee that recovers 50% of the actual cost for light usage. Athletic User fees: ➢ Propose a Resident user fee and a Non-resident user fee. ➢ Propose an adult user fee and child user fee. ➢ Propose a user fee based on the time of use i.e., use before and after 10:00 p.m. The Board used the following schedule to review the issues concerning the current fee structures: March 2006 Review Athletic Light fees (completed 3-27-06) April 2006 Review Athletic User fees (completed 4-24-06) May 2006 Invite each league representative to the Board Meeting to discuss and review proposed fee structure (completed 5-22-06) June 2006 Final review of both fees (completed 6-19-06) Page 1 of 3 Page 2 of 3 July 2006 Vote on final recommendations to be forwarded to City Council (completed 7-24-06) August 2006 Worksession between the Board and City Council on recommended fee changes and City Council vote to deny/approve/modify fee recommendations. ATHLETIC LIGHT FEES At the joint meeting in January 2006, City Council advised the Park Board to propose a fee that would recover 50% of the actual electrical costs for use of athletic lights. The current Athletic Light Fee charged to individuals and groups is $8 per hour per field. Staff presented proposed revisions to the Athletic Light Fees to the Park Board at the March 2006 meeting. Included with this Agenda Report is a breakdown of the lighting costs for Founders Park and Community Park. Based on FY04-05 electric rates, an approximate cost for athletic field lighting was $25.56 per hour. At the September 12, 2006 City Council meeting, the Council discussed the issues regarding light fees at a work session. The City Council directed staff to review the most current electric rates. Upon doing so, it was discovered that the athletic lights per hour rate increased during FY05-06 from $25.56 per hour to $36.54 per hour per field. In order to realize the 50% recovery for light usage, the Board recommends increasing the light fee from $8 to $18 per hour per field. The Board provided the following reasons for the new Athletic Light Fees rate: ➢ The Board viewed the $18 per field per hour rate as complying with the 50% recovery point that the City Council suggested at the January 2006 meeting. ATHLETIC USER FEES The Park Board reviewed the Athletic User fees at the April 24, May 22, and June 19 meetings. Due to the variety of ways other municipalities establish athletic user fees, there was much discussion between the Board, staff, and the Wylie Sports Leagues. The most common methods used by other cities are the adoption of a fee which charges each participant or charges an hourly fee for field usage. Other municipalities also handle resident and non-resident fee issues in various ways. Some cities allow only residents to use their fields while others have established various fees for each user group. Staff compared athletic fee structures and policies from numerous Texas cities and presented this information to the Park Board. Representatives of the various sports leagues in Wylie were invited to the May 22, 2006 Park Board meeting to provide input regarding proposed revisions to the athletic user fees and athletic light fees. The following league representatives participated at the May 22 Park Board: Wylie Youth Soccer Association, Wylie Baseball Association, Lake Cities Girls Fastpitch Softball Association, Wylie Youth Competitive Football Association, Wylie Adult Softball Association, Wylie Basketball Association, and the North Texas Adult Soccer Association. Wylie Volleyball Association declined the invitation to the meeting. In addition to the fee structures presented by staff, league representatives suggested consideration of per game/per season fee and a per team/per season fee. Upon conclusion of the above, the Park Board unanimously approved the following recommendation at the July 24, 2006 Park Board meeting: Page 3 of 3 ➢ Set the Athletic User fee at $5 per person per sports season for those 18 years of age and under. ➢ Set the Athletic User fee at and $10 per person per sports season for thosel9 years of age and older. The Board provided the following reasons for the new fees rates: D. The Board looked at all of the options presented and concluded that addressing the age separation of fees would be the best way to implement a new user fee at this time instead of a resident/non-resident fee or a time based fee. The Board did say that they would like to explore a resident/non-resident fee again in the future when new facilities are completed and more staff is in place that can easily manage this fee structure. At the September 12, 2006 City Council meeting, the Council discussed the issues regarding athletic user fees at a work session. The City Council directed staff to review the concept of a"team fee." Staff reviewed the "team fee" concept with the Parks and Recreation Board at their October 23, 2006 meeting. The Board felt that keeping the fee structure on a per player basis was more equitable than establishing a "team fee." Their main concern was the equity between smaller teams vs. larger teams. The smaller teams may have as few as seven players, and larger teams may have up to a dozen players. All teams would pay the same amount in athletic fees. Essentially, the smaller teams would be paying more per player than the larger teams. The Board also decided to recommend an adult and youth fee, commenting that the adult teams should pay more for services because they are more able. In review, the Board recommends the following fee structure: ➢ Set the Athletic User fee at $5 per person per sports season for those 18 years of age and under. D. Set the Athletic User fee at and $10 per person per sports season for those 19 years of age and older. The proposed Athletic Light Fee and Athletic Fee can be implemented at any time as per Council's decision. Consideration should be given to several points: D. For both fees, make the effective date of the proposed new fees either January 1, 2007, August 1, 2007, or stagger the implementation of the fees over the entire 2007 sports year. This would allow the leagues ample time to incorporate the new fee structures into their registration process. ➢ For Athletic Fees, a combination of team and player rates could be implemented. D. If the drought continues, field conditions could worsen, and implementing any new fees could be a difficult sell to the leagues. League officials have commented to staff that they will have difficult time passing on fee increases to participants if field conditions worsen due to the drought. Approved By Initial Date Department Director MS 10/24/06 City Manager if/ ' l (�� g lb G ORDINANCE NO. 2006-70 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING APPENDIX C (FEE SCHEDULE) TO THE WYLIE CODE OF ORDINANCES AND AMENDING ORDINANCE NO. 2002-10 (PARK USE FEES ORDINANCE), SECTION 42.01 (ATHLETIC FIELD RESERVATION FEE); AMENDING SECTION 42.03 (ATHLETIC FIELD LIGHT FEE); DELETING SECTION 42.04 (ATHLETIC FIELD MARKING/CHALK FEE) AND AMENDING SECTION 42.06 (RECEIPT OF PAYMENT AND LATE PAYMENT REGARDING ALL USAGE FEES); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to change some existing fees in and add some additional fees by amending Appendix C (Fee Schedule) to the Wylie Code of Ordinances and amending Wylie Ordinance No. 2002-10, Park Use Fees Ordinance, Section 42.01 (Athletic Field Reservation Fee), amending Section 42.03(Athletic Field Light Fees), deleting Section 42.04 (Athletic Field Marking/Chalk Fees) and amending Section 42.06 (Receipt of payment and late payment regarding all usage fees ); and WHEREAS,the City Council has determined that the increase in fees and additional fees are necessary to help with the cost of permits and inspections, including, but not limited to, the cost of personnel time, gasoline, water and record keeping. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated as if fully set forth herein. SECTION 2: Amendment to Wylie Ordinance No. 2002-10 (Park Use Fees Ordinance) Section 42.01 (Athletic Field Reservation Fee). Wylie Ordinance 2002-10 (Park Use Fees Ordinance) Section 42.01 (Athletic Field Reservation Fee) is hereby amended to read as follows: A Fee of: (1) $5.00 per person, per sport season, for persons 18 years of age and under; and (2) $10.00 per person,per sport season, for persons 19 years of age and older. Ordinance No.2006-70 Amendment to Wylie Park Use Fees Ordinance Page 1 SECTION 3: Amendment to Wylie Ordinance No. 2002-10 (Park Use Fees Ordinance) Section 42.03 (Athletic Field Light Fees). Wylie Ordinance 2002-10 (Park Use Fees Ordinance) Section 42.03 (Athletic Field Light Fees) is hereby amended as follows: The reference to $8.00 per hour is changed to $18.00 per hour per field. The remainder of the Section remains unchanged. SECTION 4: Amendment to Wylie Ordinance No. 2002-10 (Park Use Fees Ordinance) Section 42.04 (Athletic Field Marking/Chalk Fees). Wylie Ordinance 2002-10 (Park Use Fees Ordinance) Section 42.04 (Athletic Field Marking/Chalk Fees) is hereby amended to read as follows: Section 42.04 (Reserved for Future Use) SECTION 5: Amendment to Wylie Ordinance No. 2002-10 (Park Use Fees Ordinance) Section 42.06 (Receipt of payment and late payment regarding all usage fees). Wylie Ordinance 2002-10 (Park Use Fees Ordinance) Section 42.06 (Receipt of payment and late payment regarding all usage fees) is hereby amended to delete the following sentence from the end of the First paragraph: "Note that chalking fees will not be charged in fall of 2002." SECTION 6: Savings/Repealing Clause. Wylie Ordinance No. 2002-10 and Appendix C of the Code shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 7: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 8: Effective Date. This Ordinance shall become effective from and after its adoption. Ordinance No.2006-70 Amendment to Wylie Park Use Fees Ordinance Page 2 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this 14th day of November, 2006. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of publication in The Wylie News—November 22, 2006 Ordinance No.2006-70 Amendment to Wylie Park Use Fees Ordinance Page 3 Athletic User Fee Data Current$4 per player rates IProposed Board player rates Proposed Youth"team rates" Youth Sports Leagues FY 03-04 FY 04-05 FY 05-06 $ 5.00 Per player $ 40.00 $ 42.00 $ 44.00 Wylie Youth Soccer Association $ 6,033.00 $ 6,260.00 $ 8,160.00 $ 10,200.00 $ 7,760.00 $ 8,148.00 $ 8,536.00 Wylie Baseball Association $ 2,708.00 $ 3,724.00 $ 3,244.00 $ 4,055.00 $ 3,080.00 $ 3,234.00 $ 3,388.00 Lake Cities Girls Softball $ 500.00 $ 304.00 $ - $ 380.00 $ 280.00 $ 294.00 $ 308.00 Wylie Football League $ 744.00 $ 952.00 $ 936.00 $ 1,170.00 $ 880.00 $ 924.00 $ 968.00 Wylie Competitive Youth Footba $ - $ - $ 340.00 $ 425.00 $ 320.00 $ 336.00 $ 352.00 Proposed Adult"team rates" Adult Sports Leagues $ 10.00 Per player $ 62.00 $ 64.00 $ 66.00 Wylie Adult Softball Association $ - $ - $ 792.00 4 1,980.00 $ 744.00 $ 768.00 $ 792.00 North Tx Adult Soccer Assoc. $ 428.00 $ 1,148.00 $ 1,972.0061 $ 1,860.00 $ 1,920.00 $ 1,980.00 Fiscal year totals $ 10,413.00 $ 12,388.00 $ 15,444.00 $ 23,140.00 $ 14,924.00 $ 15,624.00 $ 16,324.00 Revenue projections for FY 2006-07 are$10,000 for athletic user fees. Athletic Light Fee Data 'Electric Rates FY 04-05 FY 05-06 Proposed Board fees (Rates are per hour) $ 25.56 $ 36.54 $ 18.00 Overall electric for all parks is approximately a 44%increase. Per hour costs for lights has increased approximately 40%. The City Council has asked for a 50%recovery of light costs. ORDINANCE NO. b(2- j !) AN ORDINANCE AMENDING FEE ORDINANCE 2001-03, SECTION 42; CONTAINING A SEVERABLITIY CLAUSE AND PROVIDING AND EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: The Code of Ordinances of the City of Wylie be amended as follows: SECTION 1 Section 42.01. Athletic Field Reservation Fee. A fee of$4.00 per person,per sport season, for individuals/organizations or groups will be charged for the use of reserved athletic fields. Section 42.02. Tournament Fee. • A tournament is defined as a team competition involving the payment of an entry fee or additional fees in which to participate and is separate and distinct from league play. Pre or post season league play shall not be considered to be a tournament. League practices and/or games shall take priority over tournaments. A curfew of 12:00 midnight shall be imposed on all tournaments utilizing lights, Monday through Thursday, and 1:00 a.m. on Friday and Saturday. A curfew of 11:00 p.m. shall be imposed on Sundays. Requests for athletic fields for tournament use shall be made in writing. The C.O.W.P.A.R.D. requires twenty-one(21) day advance notice. The price per field reservation fees are as follows: 12 hours of use=$100.00 16 hours of use=$130.00 20 hours of use=$160.00 24 hours of use=$200.00 A security deposit of$50.00 per reserved field shall be paid at least seven(7)days in advance of the scheduled tournament. The deposit(s) shall be credited toward any monies due for said tournament,with any remaining monies due payable before scheduled tournament begins. All monies paid will not be refundable unless a field or fields are not playable due to weather conditions, wet field conditions, or for necessary maintenance. If a field or fields are not playable due to said conditions, a refund or credit will be given. The City of Wylie Parks and Recreation Department shall be the final authority as to athletic field use. Pre or post season league play shall not be considered to be a tournament. Section 42.03. Athletic Field Light Fee. A fee of$8 per hour per field shall be charged for reservations in which lights are utilized. Reservation sessions vary through the course of a calendar year to coincide with sunset. The City of Wylie Parks and Recreation Department shall determine the reservation sessions. The following schedule approximates the availability of reservation sessions: February 5:00 p.m. - 12:00 a.m.* March 1-15 5:30 p.m. - 12:00 a.m.* March 16-31 6:00 p.m. - 12:00 a.m.* April 7:00 p.m. - 12:00 a.m.* May 7:30 p.m. - 12:00 a.m.* June/July/August 8:00 p.m. - 12:00 a.m.* September 1-15 7:00 p.m. - 12:00 a.m.* September 16-30 6:30 p.m. - 12:00 a.m.* October 1-15 6:00 p.m. - 12:00 a.m.* October 16-31 5:30 p.m. - 12:00 a.m.* November 5:00 p.m. - 12:00 a.m.* Athletic Fields will be reserved in one(1)hour increments with the first usage beginning at 8:00 a.m. and the last usage ending at 12:00 midnight, Monday through Saturday. *Sunday field usage begins at 12:00 noon and ends at 11:00 p.m. Said fees will be billed in arrears except for one(1)time field usage,which shall be payable in advance. Section 42.04. Athletic Field Marldng/Chalk Fee. petfie piing 2402 season only) All fees for athletic marking/chalk usage on any athletic field(s)(except baseball/softball tournament use) shall be split 50/50 between the City of Wylie Parks and Recreation Department and those reserving a field. Mark in Fees as&DecemberJ2041 Baseball/Softball $4.00 per field per marking Soccer $5.00 per field per marking Football Currently none,fees will be determined when needed pialk cost ��.$i`8S per ag All above fees already take into account the 50/50 split between the City of Wylie Parks and Recreation Department and those reserving a field(s). Any special markings above and beyond accepted standard markings shall be subject to an additional charge due to extra labor/chalk costs and shall need to be agreed upon between the City and those requesting special markings. Said fees will be billed in arrears except for one(1)time field usage,which shall be payable in advance. Bedg�th She all 2002 season all or Wylie w pe�cfo�amgrht' mat _ lki sTh ernce . e:City of ino gex 11 - - Ofjutcla ut spans leagues within the City of WyheT3'heO W J A� ,reserves_ emu... �4T�'�1Y3 �?.G ltl'l� Yam•�' ai �1�'��'c� ♦ J �Ff' 1 'S L v tp s a tt date, mew rid f i g y d utractor orMp9rta�ueron-itn APM`1LD zuamtamedprop -�vrthmiho of'Vyhe sro t I agues , is rlii 9T111. le fgrprovidmg_therr oven 6a es +the,Fall 2002 season: Section 42.05. Light Key Fee. Only persons authorized by the appropriate leagues or by the C.O.W.P.A.R.D. shall be issued keys for the athletic fields. Persons checking out light keys shall sign a written agreement providing name/address/phone number, organization name, date given key, return date of key, and signature. A deposit of$100 will accessed for each key. The $100 deposit will be deposited;checks will not be held. Keys shall be returned no later than 2 weeks following the end of scheduled play(unless otherwise indicated by the C.O.W.P.A.R.D.). If keys are not returned within the 2-week period or are lost the deposit monies will be forfeited to the City of Wylie. Section 42.06. Receipt of payment and Late payment regarding all usage fees. All fees, except those for tournament use, shall be due within twenty-one(21)days after the start of game play(athletic field reservation usage fee) or statement date(athletic field light usage fee, athletic field marking/chalk usage fee). If said fees are not paid within twenty-one (21)days, an additional charge often(10)percent of the original balance due shall also be levied Note that chalrg ees [ cied fi�e�gutnit than of 200Z If the original balance due plus the ten(10)percent additional charge is not paid with thirty(30) days, field use privileges are subject to being denied until all monies due are paid in full. The City of Wylie Parks and Recreation Department shall issue a receipt at the time usage fees are paid. This receipt shall contain the following: 1) individual's/organization's/group's name 2) team sport/sport season 3) The day(s), time(s)and field(s)being reserved or 4) number of participants or 5) the date(s)and hour(s)of light usage or 6) the date(s)of marking(s)and chalk used 7) amount paid The City of Wylie Parks and Recreation Board will review all fees yearly. SECTION 2 Any person violating the provisions of the Fee Schedule, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of the Wylie City Code as set. forth in section 1-9,therein, as the same now exists or is hereafter amended and shall not be allowed the permit,privilege or license to which the fee pertains. SECTION 3 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 4 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 the virtue of such ordinance;not shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, not 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 9th day of April, 2002. i\ By: Jo Mondy, Ma or ATTEST: Barbara Salina yR= , L� Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: November 14, 2006 Item Number: 11. Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: N/A Date Prepared: October 31, 2006 Budgeted Amount: N/A Exhibits: 3 Subject Consider, and act upon, acceptance of the resignation of Joel Hemphill and the appointment of a new member to the Planning and Zoning Commission for the unexpired term of November 2006 to July 2007. Recommendation A motion to accept the resignation of Joel Hemphill and appoint to the Planning and Zoning Commission to fill the unexpired term of November 2006 to July 2007. Discussion Article VIII, Section 2A of the City Charter authorizes the City Council to establish a planning and zoning commission. Ordinance 84-11, establishing the Planning and Zoning Commission, stipulates that the Planning and Zoning Commission shall: 1. Consist of seven(7)citizens of the City of Wylie 2. Shall be qualified voters who shall serve for a term of two (2)years. 3. Members of the planning and zoning commission shall be residents of the City of Wylie for at least 12 months preceding the date of appointment; 4. Be knowledgeable in the affairs of the city and be knowledgeable in the functions and activities provided for in Article IX of the City Code of Ordinances; 5. Make and recommend to the city council a master plan to be used as a guide in considering ordinances for the orderly development of the city. 6. The commission shall, not less than every five years, review and recommend to the city council amendments to the master plan of the city. 7. Recommend to the city council proposed ordinances and amendments to ordinances regarding planning, zoning and environmental quality and review ordinances and amendments proposed by the city council relative to the city council's planning and zoning function. 8. Receive and review all platting and subdivision proposals and make recommendations to the city council for appropriate action. Page 1 of 2 Page 2 of 2 Joel Hemphill was appointed to the Planning and Zoning Commission in 2005. Mr. Hemphill, who has served very faithfully on the Commission, has recently submitted his resignation from his appointment to the Planning and Zoning Commission effective immediately. (See attached letter) The City Secretary's Office has contacted all applicants from May 2006 that desired to serve on the Planning and Zoning Commission. Attached are the applicants that would currently agree to serve if appointed for the unexpired term. Approved By Initial Date Department Director RO 10/31/06 City Manager `'\ l 04 9725777333 Perot Systems H3307 03'33 03 p m. 10 30.2006 t 11 Dear Renee: The purpose of this letter is to inform you that I will be resigning from my position on the Planning and Zoning Board effective immediately.I have appreciated both being part of the board and the opportunity to serve Wylie. I know our current board will continue the fight for higher quality,I have complete faith in them. The city staff has been extremely professional and I have enjoyed working with them. Mindy is blessed to have such good people working with her. Joel (Hemph - ( , y„. AN ORDINANCE CREATING A PLANNING AND ZONING COMMISSION FOR THE CITY OF WYLIE, TEXAS, AND • PRESCRIBING THEIR POWERS AND DUTIES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS : That Section 1 , of Ordinance # 1956 , titled "An Ordinance Creating A Planning and Zoning Commission for the City of Wylie , Texas and Prescribing Their Powers and Duties" be amended to read as follows : Section 1 . That there is hereby created and established for the City of Wylie , Texas , a Planning and Zoning Commission, which shall be composed of 7 members . The members shall be resi- dent citizens , taxpayers and qualified voters of the City, all of whom shall be appointed by the Mayor subject to confirmation by the Governing body, to serve for terms of 2 years . All vacancies shall be filled for the unexpired term in the same manner as provided for the original appointments . All expired terms shall be filled for terms as provided for the original ap- pointments and in the same manners . Members of the Commission may be removed by the Mayor , with the consent of the Governing Body, after public hearing and for cause assigned in writing . The members of the Commission shall serve without compensation. ' Section. 2. The Planning and Zoning Commission shall elect a Chairman and Vice Chairman from its membership and shall have power to employ such qualified persons as may be necessary for the proper conduct and undertakings of the Commission and to pay for their services and such other -necessary expenses, provided that the cost or such services and expenses shall not exceed the amount appropriated by the governing body for the use of the Commission. It shall also have the power to make rules, regulations and by-laws for its own government, which shall conform-as nearly as 1, At amended by Ordinance #79-26 November 13, 1979. possible with those governing the City Council and same shall be subject to approval by such Council. Such by- laws shall include, among other items, provisions for: ( a) regular and special meetings , open to the public; (b) records of its proceedings, to be open for inspection by the public; ( c) reporting to the governing body and the public, from time to time and annually; and (d) for the holding of public hearings on its recommendations. Section 3. The Planning and Zoning Commission shall have the power and it shall be its duty to make and recommend for adoption a master plan, as a whole or in parts , for the future development and redevelopment of the municipality and its environs and shall have power and it shall be its duty to prepare a comprehensive plan and ordinance for zoning the city in accordance with Chapter 283, Acts of the Regular Session of the Legislature, 1927 , (Arts. 1011a to 1011j, R.C.S. ) . The Commission shall perform such other duties as may be prescribed by ordinance of State Law. PASSED AND APPROVED, this 26th day of . April 1956• APPROVED: A . D . Boyd Mayor Pro-Tem Mayor, City of Wylie ATTEST: W . W . Housewright City Secretary • ORDINANCE 79-26 3� AN ORDINANCE AMEr,.iING PLANNING AND ZONING COMAISSION ORIDNANCE # 1956 AS AMENDED SECTION 1 . ; SEVERABILITY ; EFFECTIVE DATE : November 13 , 1979 . TO ADD SECTION 4 : TO WIT; VALIDITY Should any section or provision of this ordinance be declared invalid, such decision shall not affect the ordinance .as a whole or any part there of except the section or provision so declared to be invalid. TO ADD SECTION 5 ; The effective date of this amendment to Ordinance # 1956 shall take effect on the 13th day of November , 1979. PASSED AND APPROVED this the 13th day of November , 1979 . 2/ & i ohn W. Akin, Mayor ATT T : arch A. Connelly City Secretary +M�flii'.ua.+'�..ax«..a ..s.....,.xY,rwa, .ac'K'++u+w.ea.et.A.. .c ..m+n a...avaa.... a.*.•1 da...av ...Me A ,,, CITIES, TOWNS AND VILLAGES fi • Art. 1011e �� Note 7 Question whether amendatory zoning ordi- 10. Population increase nance was illegal and void because amount- Facts that there had been substantial in- ing to spot zoning was one of law and not of crease in population within city limits since ry fact,and court in deciding it was required to enactment of comprehensive zoning ordi- have due regard to all circumstances of city, nance and that there was need for multifami- ': r., object sought to be attained and necessity ly housing and public housing did not,in and existing for the ordinance. Thompson v. of themselves, justify "spot zoning" which ,�`: " City of Palestine (Civ.App.1973) 502 S.W.2d rezoned subdivision from single-family use to 4 • 570, reversed on other grounds 510 S.W.2d multifamily use. Tippett v. City of Pharr _ c 579, (Civ.App.1980) 600 S.W.2d 951, reversed on t. -- It was zoning classification of tract of land other grounds 616 S.W.2d 173. P.which was rezoned from single-family resi- - dential to multifamily_ residential which 11. Conditional variance Court of Civil Appeals had to consider; Record established that permission granted r therefore, quality of proposed development defendant by city to move houses onto agri- was immaterial to its decision. Tippett v. at most, con- culturally zoned property was, ��' City of Pharr (Civ-App.1980) 600 S.W2d ditionally granted on a temporary basis sub-� 173. reversed on other grounds 616 S.W.2d ject to subsequent approval by planning and �,; �z� 173. zoning commission; however, no such ap In cases where a city amends its own corn- proval was granted and, therefore,defendant i• �2 prehensive zoning ordinance, the reasonable- was in violation of the zoning ordinance. , r3, ,. ,.. ness or arbitrariness of the proposed action is Fuentes v. City of Kingsville(Civ.App.1981) a question of law to be decided by the court. 616 S.W.2d 679. x City of Lubbock v. Austin (Sup.1982) 628 re. S.W.2d 49. 12. Pleadings .ie 5 8. Accessory use of property Naked assertions that action of city zoning ram.., Tennis court to be used solely by one board of adjustment, in granting special use i 7 Y family and constructed on lot containing exception so that church could conduct non- 'i<< their dwelling was"accessory use"customar- profit ball park and practice field in residen- 3 r 10- fly incident to dwelling within city ordinance tial zone, was not in conformity with corn- %A.:,,,` t prescribing zoning regulations for first dwell- prehensive plan did not establish such non- _ , ing house districts. Hardy v. Calhoun (Civ. conformity as a matter of law where nowhere �, , " �; I'`" .. App.1965) 383 S.W.2d 652. in their pleadings did objectors to special , 9. Traffic increases exception challenge validity of legislative ar t '�, Evidence of increased traffic and widened tion which permitted ball parks and Practice _ „ fields to be located in residential districts t streets in area inquestion was not sufficient - ', ,� � ` Board of Adjustment of City of San Antonio mot` to create fact issue as to whether "spot zon- ' `' _: �� v. Leon(Civ.A p.1981) 621 S.W.2d 431 r,. ' r ing of particular tract was justified by P ,y, — -i' ' ,. changed conditions in the area. Tippett v. r j- City of Pharr (Civ.App.1980) 600 S.W.2d 13• Notice Po , 951, reversed on other grounds 616 S.W.2d Homeowners who purchased their hornet , m Y- 173 after adoption of amendments to city coin:, prehensive zoning ordinance did so with tto-r Evidence of increased traffic and widened � streets in the area in question fails even to tice of the rezoning ordinances and therefde `: create fact issue as to whether case of "spot could not subsequently maintain Re ial, zoning" is justified unless increase in traffic against the city challenging the amendnxmts ,- is tremendous or rezoning in question is sub- Leach v. City of North Richland Hills(App .,. c f- ae Art stantial. Id. 1982) 627 S.W.2d 854. + , 4 ,W .� -- Art. 1011f. Zoning commission (a) In order to avail itself of the powers conferred by this Act,the legisla■ body of a home-rule city shall, and the legislative body of a general 11,s,e municipality may, appoint a commission, to be known as the Zoning Commtsst (b) If a Zoning Commission is appointed, it shall recommend the boun',,,, of the various original districts and appropriate regulations to be enforced tlt • Such Commission shall make a preliminary report and hold public h - thereon before submitting its final report, and such legislative body shall not . its public hearings or take action until it has received the final report of , / Commission; provided,however,that any city or town, by ordinance,may p for the holding of any public hearing of the legislative body, after pubIf , • 196 I I. • CITIES, TOWNS AND VILLAGES Art. 1011f Note 2 notice required by Section 4 of this Act, jointly with any public hearing required to be held bythe Zoning Commission, but such legislative bodyshall not take �.: ga� action until it has received the final report of such Zoning Commission. Where a City Plan Commission already exists, it may be appointed as the Zoning Commis- sion. Written notice of all public hearings before the Zoning Commission on - proposed changes in classification shall be sent to owners of real property lying ;',4 3 within two hundred (200) feet of the property on which the change in classifica- tion is proposed, such notice to be given, not less than ten (10) days before the ; , date set for hearing, to all such owners who have rendered their said property for ,, ,,,, city taxes as the ownership appears on the last approved city tax roll. Such -; 4 notice may be served by depositing the same,properly addressed and postage paid, fr in the city post office. Where property lying within two hundred (200) feet of the property proposed to be changed is located in territory which was annexed to the city after the final date for making the renditions which are included on the last - approved city tax roll, notice to such owners shall be given by publication in the ,. manner provided in Section 4 of this Act. v1- a (c) Any other law that refers to a municipal Zoning Commission or Planning w Commission shall be construed as referring to the legislative body in the case of a %,; general law municipality that exercises zoning power without appointment of a ` Zoning Commission. ___,..../ .._...L Amended by Acts 1979, 66th Leg., p. 1869, ch. 754, § 1, eff. Aug. 27, 1979. %, Cross References Where deed provided that grantees would i 4 Enforcement of land use restrictions con- make no objection to any governing body tained in plats, cities of more than 1,000,000, against zoning of remainder of grantors' `t see art. 974a-1. property for business or commercial use, ob- jection subsequently made to City Plan r Commission by sole stockholder and presi- " r Law Review Commentaries . #'. ^ dent of corporation which was surrrssor of Annual survey of Texas law: Property- on�nal grantees was made in behalf of cor- t t Land utilization. Paul B. Larsen, 21 South- poration, and not in an individual capacity, western L.J. (Tex.} 9, 10 (1967). where sole stockholder and president owned Regional land use control. Robert Bruce no property in vicinity and property con- - Evans, 22 Baylor L.Rev. 1 (1970). veyed under deed was only property owned fir:,Y Rezoning: Should it be legislative or judi- by corporation in vicinity. Id. Aa R cial function? Jerry L. Hams, 31 Baylor Right to appear before zoning commission _.� '` L.Rev. 409 (1979). is mere legislative right as distinguished from• .:. -- ,�1 W constitutional right. Lawton v. City of Aus- Gy i> '`4 tin(Civ.App.1966)404 S.W.2d 648,ref. n.r.e. -p �-4�, Supplementary Index to Notes Legislature may put such restrictions on and provide manner in which municipalities Zoning changes 7 may exercise delegation of zoning authority 4< as it sees fit. Id. Pre-election campaign statements and °t ., 1 1. Validity of law promises,allegedly made by home rule city's ., �° " Notice provisions of statutes governing es- mayor and two councilmen running on polit- tablishment of and procedure by zoning corn- ical platform opposing construction of more Y rmission were constitutionally adequate and apartments, did not disqualify members of valid. Lawton v. City of Austin (Civ.App. council from participating in its future offi- y 1966)404 S.W.2d 648, ref. n.r.e. cial actions in passing or refusing to pass '•.�, ,,.. amendatory ordinance changing zoning from 2. Construction and application apartment to residential. City of Farmers ' ' Where grantees agreed to make no objec- Branch v. Hawnco, Inc. (Civ.App.1968) 435 `.,•k .---'-4,..";::.;;- - 1 tion to any governing body against zoning of S.W.2d 288, ref. n.r.e. " ',L.,*.;, F 1 grantor's remaining property for business or Assurances in regard to continuing apart commercial use, objection subsequently ment zoning given to property owner by made to City Plan Commission was an "ob- individual members of home rule city's coun- jection to any governing body." Dilbeck v. cil were not binding on such governmental Bill Gaynier,Inc.(Civ.App.1963)368 S.W.2d body which may act only in its official capac- 804, ref. n.r.e. ity. Id. 197 ' a,T,3 r w a tti i ,�� y ; !' a 1 N ,� S.y fi-sm.`a '�}"` a � r,sN-.SF? „,�`+��' 4 ` a, ' ° ,—a M1� ,, .. CITIES, TOWNS AND VILLAGES Art. 1011g • .. Requirement is not that amendment by Unger v. State (App.1982) 629 S.W.2d 811, city council to zoning ordinance have actual- review refused ly been discussed before city planning corn- Exercise of police power by ordinance re- . mission, but that opportunity was afforded quiring permit for drilling oil within home for it to have been. MidwayProtective 'iw4 i. ' t League v. City of Dallas (Civ.App.1977) 552 rule city's limits did not require city to incur- fi .A�,; porate within its ordinance all of statutory <. ee'; . . S.W.2d 170, 7 A.L.R. 4th 725, ref. n.r.e. requirements for zoning regulations. Id. , Generally speaking, zoning ordinances, p� q ; `r both original and amendatory, are presumed Home rule city's ordinance requiring per- -. . to be valid; consequently,extraordinary bur- mits for drilling oil wells within city limits - - den rests on party attacking the ordinance to was presumably constitutional. Id. `fi r �, show that no conclusive or even controver- 7. Zoning changes _, sial or issuable facts or conditions exist cr The CityPlan Commission is an agency _ ��:, I, which would authorize city to exercise its invested law with dutyof hearingalica �a, ,�,� discretion. Tippett v. City of Pharr (Civ. by pp �• App.1980)600 S.W.2d 951,reversed on other tions for zoning changes and of making rec- r iz grounds 616 S.W.2d 173. ommendations thereon to the city council, �' • 47y, and an objection filed with the City Plan Where city imposed temporary zoning in wY , newly annexed area but did not comply with Commission is in effect an objection to the "" � statutory zoning notice and hearing require- city council, which is the governing body. ' -4.n `s Dilbeck v. Bill Ga er, Inc. (Civ.App.1963) ment, and for nine years thereafter did not nr' pp ) , • initiate proceedings to enact permanent zon- 368 S.W.2d 804, ref.-n.r.e. k�� , . WE ing plans for annexed area,temporary zoning Trial court had no authority to restrain • ( ,,. classification imposed on property annexed home rule city's planning and zoning com- s was invalid. Haynes v.City of Quanah(Civ. mission from exercising its legislative func- + App.1980) 610 S.W.2d 842, ref. n.r.e. lion of holding public hearings on advisabil- ;.,� Ordinance requiring permit from city for ity of zoning change. City of Farmers drilling oil well within city limits did not Branch v. Hawnco, Inc. (Civ.App.1968) 435 ,a`arn" conflict with state law on the same subject. S.W.2d 288, ref. n.r.e. '0;iff-t4V*04: ' r ��„ Art. 1011g. Board of adjustment illi $ .�terr"l- Y' (a) Such local legislative body may provide for the appointment of a Board of Adjustment, and in the regulations and restrictions adopted pursuant to the zx1 'g authority of this Act may provide that the said Board of Adjustment may, in ; appropriate cases and subject to appropriate conditions and safeguards, make i;' V ' It special exceptions to the terms of the ordinance in harmony with its general �. r� purpose and intent and in accordance with general or specific rules therein t., �,g�,��y� _ contained. �� (b) The Board of Adjustment shall consist of five (5) members, each to beass, appointed for a term of two (2) years and removable for cause by the appointing Wes § authority upon written charges and after public hearing. Vacancies shall be filled p IV.. for the unexpired term of any member whose term becomes vacant. Provided, `ut however, that the governing body of any city may, by charter provision or �Y ' 3 V ordinance, provide for the appointment of four (4) alternate members of the Board of Adjustment who shall serve in the absence of one or more regular -434'4*, members when requested to do so by the mayor or city manager, as the case may ;. be. All cases to be heard by the Board of Adjustment will always be heard by a 4 °1. minimum number of four (4) members. These alternate members, when appoint- ed,shall serve for the same period as the regular members and any vacancies shall �+ - """ be filled in the same manner and shall be subject to removal as the regular x w �. members. (c) The Board shall adopt rules in accordance with the provisions of any ile*R ordinance adopted pursuant to this Act. Meetings of the Board shall be held at ° i t, the call of the chairman and at such other times as the Board may determine. ..;lk ,_. Such chairman, or in his absence the acting chairman, may administer oaths and ,�H,f; compel the attendance of witnesses. All meetings of the Board shall be open to tf ^� ',> the public. The Board shall keep minutes of its proceedings, showing the vote of 4, 4ei.k x each member upon each question, or, if absent or failing to vote, indicating such t fact, and shall keep records of its examinations and other official actions, all of ,, � —` 199 a*.., ` 7. i 4 �A, 'Aar ;'rul, sr,,,,.t �4,.-; L,,. , k t . 4 I Art. 1011g CITIES, TOWNS AND VILLAGES which shall be immediately filed in the office of the Board and shall be a public record. (d) Appeals to the Board of Adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the Board, by filing with the _ officer frbm whom the appeal is taken and with the Board of Adjustment-a notice of appeal specifying the grounds thereof. The officer from whom the appeal is ,: ';. taken shall forthwith transmit to the Board all the papers constituting the record r upon which the action appealed from was taken. (e) An appeal stays all proceedings in furtherance of the action appealed r from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed x otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from ' whom the appeal is taken and on due cause shown. (f) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in s, interest, and decide the same within a reasonable time. Upon the hearing any ,,,_ y _ party may appear in person or by agent or by attorney. , " ' (g) The Board of Adjustment shall have the following powers: 1. To hear and decide appeals where it is alleged there is error in any order, re uirement, decision, or determination made by an administrative official in the q enforcement of this Act or of any ordinance adopted pursuant thereto. 2. To hear and decide special exceptions to the terms of the ordinance upon which such Board is required to pass under such ordinance. ' 3. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to £ * `A- special conditions, a literal enforcement of the provisions of the ordinance will < result in unnecessary hardship, and so that the spirit of the ordinance shall be '"" _ `Y F observed and substantial justice done. f ;_: ? ti; (h) In exercising the above-mentioned powers such Board may, in conformity vp with the provisions of this Act, reverse or affirm, wholly or partly, or may modify ,e,f the order, requirement, decision or determination appealed from and make such !yz, ii,> order, requirement, decision or determination as ought to be made, and to that .t;: end shall have all the powers of the officer from whom the appeal is taken. ,-„,,,..,,I. (i) The concurring vote of four (4) members of the Board shall be necessary -,' to reverse any order, requirement, decision or determination of any such adminis 4t'°' trative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such , y .,+ rr ordinance. (j) Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment, or any taxpayer, or any officer, department, board or , ,R ,A- bureau of the municipality, may present to a court of record a petition, duly „, % N,4,� verified, setting forth that such decision is illegal, in whole or in part, specifying , �e;. the grounds of the illegality. Such petition shall be presented to the court within ,;,,,, r r ten (10) days after,the filing of the decision in the office of the Board. ii y L�NM. h•Gk, '' (k) Upon presentation of such petition the court may allow a writ of certiorari directed to the Board of Adjustment to review such decision of the '„ ,, - Board of Adjustment and shall prescribe therein the time within which a return ". '.74 ,,„ �, ,�� , thereto must be made and served upon the relator's attorney, which shall not be ,�; . less than ten (10) days' and may be extended by the court. The allowance of the ' '�' writ shall not stay proceedings upon the decision appealed from, but the court,;;„' ,y s '� '-4 . � r CITIES, TOWNS AND VILLAGES Art. 1011g Note 2 '' may, on application, on notice to the Board and on due cause shown, grant a - restraining order. 1 (I) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified. (in) If, upon the hearing, it shall appear to the court that testimony is necessary for the proper disposition of the matter,it may take evidence or appoint 4 a referee to take such evidence as it may direct and report the same to the court with his findings of fact and conclusions of law, which shall constitute a part of i the proceedings upon which the determination of the court shall be made. The court may reverse or affirm wholly or partly,or may modify the decision brought up for review. (n) Costs shall not be allowed against the Board unless it shall appear to the court that it acted with gross negligence,or in bad faith,or with malice in making11 the decision appealed from. r (o) Repealed by Acts 1981, 67th Leg., p. 2646, ch. 707, § 4(54), eff. Aug. 31, 1981. les4. Amended by Acts 1971, 62nd Leg.,p. 2385, ch. 742, § 1, eff. June 8, 1971. ti Law Review Commentaries City of Dallas (Civ.App.1974) 517 S.W.2d Judicial review of administrative orders in 344. Texas. David M. Guinn, 23 Baylor L.Rev. Delegation of authority from home-rule 34(1971). city to its board of adjustment to initially ; Rezoning: Should it be legislative or judi- hear and determine questions relating to cial function? Jerry L. Harris, 31 Baylor nonconforming use of property was a valid L.Rev. 409(1979). exercise of city's police power. Id. Standing to appeal administrative deci- In suit in which plaintiff sought injunctive - sions in Texas. Franklin S. Spears and Jeb relief and writ of mandamus to compel city C. Sanford, 33 Baylor L.Rev. 215 (1981). engineer to issue permit to allow repair of a Substantial evidence review in Texas. building damaged by fire,error in refusing to Thomas M. Reavley, 23 Southwestern L.J. dismiss part of suit prematurely pled was f (Tex.) 239 (1969). harmless,in that trial court's judgment limit- ed to constitutional issues was valid if sup- ported by the record. Adcock v. King(Civ. Supplementary Index to Notes App.1975) 520 S.W.2d 418. Costs 22 In suit brought by city for mandatory in- junction compelling removal or lowering of Discretion of court, review 21,5 advertising sign erected in violation of city Findings of board 24 airport zoning ordinance, trial court did not Injunction 13.5 • have power concurrent with that of board of Meetings 23 adjustment to issue variances, despite fact Remedies generally 155 that, on appeal from board of adjustment, Res judicata 25 court could have determined independently whether exception or variance was appropri- ate, and thus could not permit advertising 2. In general sign to remain as a variance to airport zoning Legislature may put such restrictions on ordinance. City of Dallas v. Gaechter (Civ. and provide manner in which municipalities App.1975) 524 S.W.2d 400, error dismissed. may exercise delegation of zoning authority Where undisputed testimony established as it sees fit. Lawton v. City of Austin that building fronted on highway and that (Civ.App.1966) 404 S.W.2d 648, ref. n.r.e. wall of building which did face eastern street This article which provides that boards of was solid wall without any doors or win- adjustment of home-rule cities shall have au- dows,property was subject to 50-foot setback thority "to hear and decide appeals" grants requirement for highway despite owner's 1 authority and does not prohibit boards of contention that his building "fronted" on adjustment from hearing matters initially if eastern street. Reiter v. City of Keene(Civ. yid. granted such right by city council. White v. App.1980) 601 S.W.2d 547, certiorari denied 201 4 the effective date of this Ordinance or was a nonconforming use under the provisions of the prior zoning ordinance and has since been in regular and continuous use. 20-101 Any non-conforming use of land or structures may be continued for definite periods of time subject to such regulations as the Board of Adjustment may require for immediate preservation of the adjoining property prior to the ultimate removal of the non-conforming use. The Building Inspector may grant a change of occupancy from one non-conform- ing use to another, providing the use is within the same, or higher or more restricted classification as the original non-conforming use and such change of use and occupancy will not tend to prolong and continue the non-conforming use. In the event a non-conforming use of a building may be changed to another non-conforming use of the same or more restricted classification, it shall not later be changed to a less restrictive classification of use and the prior less restrictive classification shall be considered to have been abandoned. 20-102 If a structure occupied by a non-conforming use is destroyed by fire, the elements or other cause, it may not be rebuilt except to conform to the provisions of this ordinance. In the case of partial destruction of a non-conforming use not exceeding ninety (90) percent of its reason- able value, reconstruction will be permitted but the size or function of the non-conforming use cannot be expanded. Tffil -Ls!m0107 SECTION 21: BOARD OF ADJUSTMENT 21-100 Organization: There is hereby created a Board of Adjustment consisting of five (5) members who are qualified citizens and voters and are ,ro t members of the Planning Commission or City Council , each to be appointed by resolution of the City Council for a term of two years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member, whose place becomes vacant for any cause, in the same manner as the original appointment was made. Two members heretofore appointed shall serve until or until their successors are appointed and three members , as heretofore appointed, shall serve until or until their successors are appointed, and thereafter each member reappointed or each new appointee shall serve for a full term of two years unless removed as hereinabove provided. Provided, however, that the City Council may appoint two alternate members of the Board of Adjustment who shall serve in the absence of one or more of the regular members when requested to do so by the Mayor. All cases to be heard by the Board of Adjustment will always be heard by a minimum number of four members. These alternate members, when appointed, shall serve for the same period as the regular members, which is for a term of two years, and any vacancy shall be filled in the same manner and they shall be subject to removal the same as the regular members. 21-101 The Board shall adopt rules to govern its proceedings, provided however, that such rules are not inconsistent with this ordinance or any State Statutes. Meetings of the Board shall be held at the call of the 38 Chairman and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman, may administer oath and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicate such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Board and shall be a public record. ' 21-102 Appeals to the Board of Adjustment may be taken by any person aggrieved or ,. an officer, department or b -t-he-municipality -affected by any decision of the administrative- officer, by filing with the officer from whom the appeal i is aken and with the'Board of Adjustment, a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken. 21-103 An appeal shall stay all proceedings of the action appealed from, unless the officer from whom the appeal is taken certifies to the Board of Adjustment, after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed, otherwise, than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown. 21-104 The Board of Adjustment shall fix a reasonable time for the hearing of an appeal , give the public notice thereof, as well as due notice to the parties in interest and decide the same within a reasonable time. Upon the hearing any party may appear in person or by attorney or by agent. 21-200 The Board of Adjustment shall hold a public hearing on all appeals made to it and written notice of such public hearing shall be sent to the applicant and all other persons who are owners of real property lying within two hundred (200) feet of the property on which the appeal is made. Such notice shall be given not less than ten (10) days before the date set for hearing to all such owners who have rendered their said property for City taxes as the ownership appears on the last City tax roll . Such notice may be served by depositing the same properly addressed and postage paid in the United States Post Office. 21-300 Jurisdiction: When in the Board of Adjustment's judgment, the public convenience and welfare will be substantially served and the appropri- ate use of the neighboring property will not be substantially or permanently injured, the Board of Adjustment may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following special exceptions to the regulations herein established. 1. Permit the reconstruction, extension or enlargement of a building occupied by non-conforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use. 39 2. Permit such modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. 3. Require the discontinuance of non-conforming uses under any plan whereby the full value of the structure can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of this ordinance. It is the declared purpose of this ordinance that non-conforming uses be eliminated and be required to conform to the regulations prescribed in the preceding articles of this ordinance, having due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the desig- nated non-conforming use and the conservation and preservation of property. The Board shall from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuation or maintenance of any non-conforming use within the City. 21-400 In exercising its powers, the Board may, in conformity with the provi- sions of Articles 1011-A and including 1011-J of the 1925 Civil Statutes of Texas, as amended, revised or reformed, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from and make such order, requirement, decision or determin- ation as ought to be made and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant. ;� 21-500 The concurring vote of four (4) members of the Board shall be necessary to revise any order, requirement, decision or .determination of any such administrative official , or to decide in favor of the application on any matter upon which it is required to pass under this ordinance or to affect any variance in said ordinance. 21-600 Any person or persons, jointly or severally, aggrieved by any decision of the Board of Adjustment or any taxpayer or any officer, department or board of the municipality may present to a court of record a petition, duly verified, setting forth that such decision is illegal , in whole or part, specifying the grounds of the illegality. Such petition shall be Loc-0 presented to the court within ten (10) days after the filing of the decision in the Office of the Board and not thereafter. SECTION 22: PROCEDURES FOR CHANGES AND AMENDMENTS 22-100 Any person or corporation or group of persons having a proprietary interest in any property, upon proof of such interest, may petition the governing body for a change or amendment to the provisions of this ordin- ance or the Planning and Zoning Commission may on its own motion, insti- ' tute proposals for change and amendment in the public interest. All 40