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02-13-1996 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex February 13, 1996 7:00 p.m. CALL TO ORDER INVOCATION - Rev. Kirk Taylor, First Baptist Church in Murphy PLEDGE OF ALLEGIANCE ACTION ITEMS 1. Discuss and Consider Approval of a Contract Renewal for Concessionaire Lease Contract with Allen Weiss Enterprises for the Concession Stand at Community Park 2. Discuss and Consider Award of Bid for the Installation of a Backstop, Outfield Fences, and a Fenced Storage Area for the Parks and Recreation Department 3. Discuss and Consider Approval of a Resolution Calling May 4, 1996, Municipal Officers Election 4. Discuss and Consider Authorizing the City Manager to Enter into an Interlocal Agreement between the City of Wylie and the City of Plano for the 800 Mhz Radio System 5. Discuss and Consider Appproval of An Ordinance Amending the Industrial Pretreatment Ordinance (Ord. No. 92-6) to Set Specific Limits on the Concentration of Certain Effluent Discharges 6. Discuss and Consider Approval of a Resolution Amending the Zoning Classification for a Batch Plant STAFF REPORTS CITIZEN PARTICIPATION ADJOURNMENT Posted on this the 9th day of February, 1996 at 5:00 p.m. 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 442-8100 OR TDD 442-8170 Wylie City Council 01 ogQndu Communication for February 13, 1996 Renewal of Concessionaire Lease/Contract - Community Park Issue Discuss and consider approval of a contract renewal for consessionaire lease/contract with Allen Weiss Enterprises for the concession stand at Community Park. Background The City sought proposals in 1991 for concessionaire services at Community Park. A one year contract was approved with Allen Weiss Enterprises and a one year extension was approved in 1992. The City entered into a 3 year contract in 1993 with Allen Weiss Enterprises which expires March 1, 1996. The terms of the existing contract are that the tenant pay the City a lease amount of 21% of the gross sales, after the deduction of sales tax. Mr. Weiss proposed an increase to 22% which will slightly increase the proceeds which go to the Community Park Fund. In addition, the current contract requires Mr. Weiss to pay $500.00 per year for the maintenance and/or improvements of the concession stand. Mr. Weiss proposed reducing that amount to $400.00 per year for the maintenance of the concession stand. The other $100.00 per year would be given to Park Department staff and other personnel to distribute (in the form of$.50 and $.25 coupons) when they observe citizens picking up litter in the park, and so forth. The coupons would be redeemable at the concession stand. Providing coupons as recognition to citizens who are conscientious about their use of the park could be viewed as a very positive incentive. The Park Board reviewed the proposals submitted by Mr. Weiss regarding the renewal of the contract. The Board recommended that the amount designated for maintenance of the concession stand remain at the $500.00 amount and that the additional $100.00 in coupons still be provided. Mr. Weiss has agreed. Mr. Weiss is also proposing slight increases in the sales prices for some of the concession stand items. A list of the items sold including cost comparisons, is attached. The previous contract awarded to Mr. Weiss, which was in effect from 1993 to 1996, states that the sales price for items sold cannot increase more than 10% the second and third years combined. The increase in the sales price from 1991 to the proposed 1996 prices in approximately 11%. Financial Considerations As proposed by Mr. Weiss and as recommended by the Park Board, the City's percentage of the gross sales would increase from 21% to 22%. During the 1994/95 budget year, the City received $10,150 in revenue from the concession stand. Using that figure, the increase from 21% to 22% would yield a revenue increase of approximately $500.00. Legal Considerations The contract as proposed is a three year contract with a two year renewal option. Board/Commission Recommendation The Park Board recommends approval of the renewal of the Concessionaire Lease/Contract with Allen Weiss Enterprises, with the tenant paying the City 22% of the gross sales after the deduction of taxes, a $500.00 payment towards the maintenance of the concession stand and $100.00 in coupons. The Park Board also approved the proposed prices for concession items. Staff Recommendation N/A Attachment Proposed Contract Letter from Allen Weiss Enterprises Proposed Concession Stand Prices Comparison with other Concession Stands operated by Allen Weiss Enterprises Tr 12- e.J.00;t4/ Prepared Approved by City Manager Approval CONCESSIONAIRE LEASE/CONTRACT This Lease Agreement is effective as of the 1st Day of March 1996, by and between the City of Wylie (Landlord), and ALLEN WEISS ENTERPRISES (Tenant). The Parties agree as follows: 1. PREMISE. Landlord, in consideration of the lease payments provided in this Agreement, leases to Tenant CONCESSION BUILDING at COMMUNITY PARK, WYLIE, COLLIN County, Texas. 2. TERM. The Lease term shall commence on March 1, 1996 and shall terminate on March 1, 1999, with an option for a two year renewal. 3. LEASE PAYMENT. Tenant shall pay to Landlord weekly lease payment of 2i-% 22% of gross sales, after deduction of sales tax, for previous weeks sales, Monday through Sunday. Finance Department shall validate and audit payment of Commission amount. Such Payments shall be made to CITY OF WYLIE - Finance Department. 4. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to City of Wylie on the last day of the term of this lease, unless otherwise agreed by both parties in writing. 5. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonable within), Landlord shall have the right to enter the premises to make inspections, provide necessary services, or entry of workmen. As provided by law, in the case of an emergency, landlord may enter the premises without tenant's consent. 6. UTILITIES AND SERVICE. Tenant shall be responsible for the following utilities and services in connection with the premises: a. Janitorial Services b. STAFF for Operations c. Operating per Schedule Provided by City of Wylie d. Provide ALL Food and Beverage Items to be SOLD. e. Provide ALL Food Processing Equipment with the exception of those ITEMS listed below. City of Wylie shall be responsible for the following: Electricity, Water & Sewer, Garbage and Trash Disposal, Ice Machine. f. Provide All Necessary SUPPLIES, such as napkins, cups, utensils and food containers. g. Perform ALL FOOD Preparation and SALES Functions. h. Meet ALL HEALTH inspection requirements and obtain all necessary PERMITS (City to waive permit FEES.) I. Must maintain CONCESSION FACILITY in a clean and sanitary manner. j. Be responsible for all the collection and payment of all SALES TAXES. k. Be responsible for all Insurance requirements. 1. In addition to providing concession at the permanent stand in Community park, Tenant shall also set up a portable satellite stand to better serve the soccer and football fields, when in use. Continuance of such satellite stands to be in Weiss's discretion, based upon their profitability; which stands may be operated without regard to whether permanent concession is open or closed. m. Tenant agrees to indemnify and hold City harmless for liabilities arising from its operations taken hereunder. n. Tenant agrees that the services and product provided hereunder shall be of a good and acceptable quality and quantity. o. City shall have the right to terminate its agreement in the event Tenant shall not perform any of its duties hereunder after giving notice of such failure to Tenant that failure to correct performance with thirty (30) days will result in termination. 7. SALES PRICES. Sales prices of the items sold cannot increase more than ten percent (10%) in the second and third years combined. Should the cost of product increase substantially, Tenant has the right to appear before the Parks and Recreation Director and the City Council to request permission for a price increase. 8. IMPROVEMENTS/MAINTENANCE. Tenant shall pay five hundred dollars ($500.00) per years 1-3 to the City of Wylie which will be spend on improvements and/or maintenance at the concessions stand. These payments shall be made on or before March 1, of each year. In addition, Tenant shall provide one hundred dollars ($100.00) per years 1 - 3 to the City of Wylie in the form of$.50 and$.25 coupons to be redeemable at the Community Park Concession Stand. 9. PROPERTY INSURANCE. City of Wylie and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the premises and property located on the premises. 10. TAXES. Taxes attributable to the premises or the use of the premises shall be allocate as follows: a. Personal/Business TAXES. Tenant shall be responsible for all Taxes attributable to Tenant's use of the premises. 11. SCHEDULE OF OPERATIONS. Minimum schedule to be provided by City of Wylie. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the date first shown above. CITY OF WYLIE ALLEN WEISS ENTERPRISES: Michael Collins, Allan C. Weiss, City Manager President ON THIS DATE: WEISS ENTERPRISES CONCESSIONS&CATERING December 18, 1995 Wylie Parks Department P. O. Box 428 Wylie, Texas 75098 Gentlemen: We would like to propose a contract of three (3) years with a two (2)year option beginning March 1, 1996. We would pay twenty-two percent (22%) on sales, less sales tax, to run the Concession Stand for the Wylie Parks Department. In addition, we would pay four hundred dollars ($400.00) per year to the City of Wylie to be spent on improvements and/or maintenance at the concession stand and $100.00 in $ .50 and $ .25 award certificates to be given as seen fit. Attached is a Suggested Menu for this contract. We also have included comparison figures for other venues. Yours very truly, WEISS ENTERPRISES, INC. AW:jt P.O.BOX 1504n6/nAl I Ac TFYAC 7F41 Fi/,i Al v'11 n‘ etc WYLIE CONCESSION STAND PRICES 1991-1992 1993-1994 1995 1996 Hamburger 1 75 same 2 00 same Cheeseburger 2 00 2 25 " Nachos 1 75 ° 2 00 II Corny Dog 1 25 same " Hot Dog 1 00 1.50 Hot Dog w/Chili & Cheese . . . . n/a 1 50 2.00 French Fries . . . . . . .75 . . . . . . " . . . . . . 1.00 . . . . . same Popcorn 75 II same " Chips 50 II " Cold Drinks . . . . . .75/1.00 . . . . . " . . . . . . " . . . . . . . Coffee 50 " II Ice Water n/a .25/ 50 " Candy .25/.50/.75 . . . same II II Snow Cones 75 " 1 00 " Ice Cream Bars/ Drumsticks 1.00/n/a . . . . . " . . . . . 1.00/1.25 . . . . . " Lemon Chill n/a . . . . . . " . . . . . 1.50/2.25 . . . 1.50/2.50 n/a - Not available Years 1991-1995 - 21% of gross sales, less sales tax, went to Community Park Fund. Years 1993-1995 - Same 21% as 1991-1995 plus $500.00 a year towards improvements and/or maintenance at the concession stand area. Year 1996-1998/2000 - 22% of gross sales, plus $400.00 a year for improvements and/or maintenance and 100.00 a year in $.50 (100) and $.25 (200) in award certificates. Award certificates to be distributed by Parks and Recreation Department for observing speed limits ($.50) and not littering ($.25) in Community Park with certificates redeemable at the concession stand. COMPARISONS Irving Baseball Concessions pay 20% plus $200.00 donation Hotdog $ 1.50 Soft Drink 1.00 Popcorn 1.00 Grapevine Baseball Concessions pay 21%plus $300.00 donation Hotdog $ 1.50 Soft Drink 1.25 Popcorn .75 Garland Baseball Concessions pay 21% plus $300.00 donation Hotdog $ 1.50 Soft Drink 1.25 Popcorn .75 State Fair of Texas Concessions pay 25% Hotdog $ 2.00 Hamburger 3.00 Soft Drink-large 1.50 Coffee 1.00 Fries 1.50 Corndog 2.00 Nachos 3.00 SUGGESTED MENU Hotdog 1.50 w/chili & cheese 2.00 Hamburger 2.00 w/cheese 2.25 Corndog 1.25 Nachos 2.00 Fries 1.00 Jerkey 1.00 Popcorn .75 Sunflower Seeds .75 Candy .75 Soft Drink- small .75 large 1.00 Iced Tea&Lemonade-small .75 large 1.00 Coffee .50 Snocone 1.00 Lemon Chill 16 oz. 2.50 8 oz. 1.50 Ice Cream Bars 1.00 Drumstick 1.25 Chips .50 y City Council Agenda Communication for FFbroary 13, 1996 Award of Bid 'f or Fencing for the Park and Recreation Department Issue Discuss and consider awarding a contract to Security Fence Installers for the installation of a backstop, outfield fences and a fenced storage area for the Parks and Recreation Department, with the total contract amount not to exceed $20,611.00. Background Among the various capital park improvements which have been approved by the Park Board are three projects involving the construction/installation of certain chain link fence structures. A 10 foot high backstop has been approved as part of a new ball field at Valentine Park. Three outfield fences are needed for existing fields at Community Park to replace fences which are in a critical state of disrepair. The latter two projects are to be financed with 4B sales tax revenues. Additionally, a 50 foot by 60 foot fenced storage area has been approved in the FY '96 General Fund budget for the Parks Department. The storage facility would be located adjacent to Akin Pavilion and would be used to securely house Parks equipment, much of which is now stored in the Library/Community Center parking lot. Competitive sealed bids have been solicited for these projects and the following bids received. Backstop Fences Fenced Storage Security Fence $845.00 $16,701.00 $3,065.00 Allied Fence $1,080.00 $18,780.00 $3,335.00 Financial Considerations The backstop and outfield fences have been approved for 4B sales tax financing. The fenced storage area is budgeted in the Parks Department General Fund budget for capital improvements. Adequate funds are available for all three projects. Legal Considerations N/A Staff Recommendation Staff recommendation is for Council to award a contract, in an amount not to exceed $20,611.00, for the installation of a backstop, three outfield fences and a fenced storage area to the lowest responsive bidder, Security Fence Installers. 6.66/A- Prepared By Financir. Appro al City Manager Approval ie vifyi city Council 43 Agenda Communication for February 13, 1996 Resolution Calling for May'4, 1996,. Municipal Officers Election Issue Discuss and consider approval of a resolution calling the election, designating polling locations, and establishing voting procedures. Background A general election date has been determined for May 4, 1996. The offices currently held by Councilmen Allen (Place 2), Wright (Place 4), and Adams (Place 6), as well as the Mayor, are subject to re-election. The resolution proposed will call the election on May 4, 1996 and a run-off date of June 1, if necessary. The resolution does not appoint election judges at this time. The first day to file for office is February 19, 1996. Candidate packets will be available in the City Secretary's office. Notice of the election will be posted at City Hall and in the Wylie News. The City Secretary and City Manager will meet with Collin County Voter's Registers Office on February 12, 1996, to discuss the option to contract with the County to conduct the municipal elections. Fees and options will be discussed. Currently, McKinney, Allen, and Plano have the County conduct all of their elections. Frisco is investigating the possibility of also contracting with the County. Many cities across Texas are using County services to conduct their elections in an effort to ease cities with limited staff. State law stipulates that the county may only charge 5% over the cost of the election. They may be contracted for part or all of the election. Council will be advised of the results of the meeting. Financial Consideration Two thousand dollars ($2,000.00) has been budgeted for the election. Legal Consideration The resolution, if approved, will meet Statutory and Charter requirements for ordering the municipal election. Staff Recommendation Staff recommends approval of the resolution. Attachments Resolution Copy of Election Calendar Qualifications for Candidacy 04-1/41V/4- >Aee&t./ rut, aavt..-d, Prepared & Approved City Manager Approval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CALLING GENERAL ELECTION TO BE HELD ON MAY 6, 1995, FOR THE PURPOSE OF ELECTING A MAYOR AND THREE (3) COUNCILMEMBERS, ONE (1) EACH FOR PLACES 2, 4, AND 6 FOR TWO (2) YEAR TERMS EACH FOR SAID CITY; DESIGNATING ELECTION PRECINCTS AND DESIGNATING POLLING PLACES WITHIN SAID CITY; PROVIDING FOR THE APPOINTMENT OF PRESIDING ELECTION JUDGES AND ALTERNATE PRESIDING ELECTING JUDGES; ESTABLISHING OTHER PROCEDURES FOR THE CONDUCT OF THE ELECTION, ESTABLISHING RUNOFF PROVISIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 41.001 of the Texas Election Code, as amended (the "Code") specifies that the first Saturday in May shall be a "uniform election date" and that a general election of a city may be held on such day; and WHEREAS, the City Council of the City of Wylie, Texas, (hereinafter referred to as the "City") has determined that the City shall conduct its general municipal election on the first Saturday in May, 1996; and WHEREAS, by this Resolution, it is the intention of the City Council to: (i) call for said general election to be held on said date, (ii) designate the election precincts, (iii) designate polling places for the election, (iv) provide for appointment of the necessary election officers, (v) establish and set forth procedures for conducting the election, (vi) establish a date for canvassing the returns of said election, and (vii) establish a runoff date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: Section 1. Incorporation of Premises. That all of the above premises are found to be true and correct and are incorporated into the body of this Resolution as if copied in their entirety. Section 2. Election Date, Purpose of Election: Officers and Terms of Office. That a general election shall be held in and throughout the City on Saturday, May 4, 1996, for the purpose of electing the following officers: Mayor and Councilmembers for Places 2, 4, and 6 for two (2) year terms each Section 3. Eligibility for Candidacy. In accordance with the City's Charter, no person shall be eligible for the office of Councilmember unless he/she is a qualified elector, and has resided within the existing corporate limits of the City or recently annexed territory for at least twelve (12) months preceding the filing deadline for applications for candidacy as set forth in Section 4 of this resolution. Each candidate, prior to filing an application, shall present to the City Secretary a petition containing signatures of at least 25 persons who are qualified voters of the City. In accordance with the City Charter, as heretofore amended, said petition must contain 25 names as the number is greater than one-half of one percent of the number of votes cast for Mayor at the May 4, 1996 election. Section 4. Application for a Place on the Ballot. In accordance with the Section 143.007 of the Code, any eligible and qualified person may have his/her name printed upon the official ballot as a candidate for the offices hereinbefore set forth by filing his/her sworn application with the City Secretary not earlier than February 19, 1996, and not later than 5:00 P.M. March 20, 1996. Each such application shall be on a form as prescribed by Section 141.031 of the Code. The order in which the names of the candidates are to be printed on the ballot shall be determined by a drawing by the City Secretary as provided by Section 52.094 of the Code. Notice of the time and place for such drawing shall be given in accordance with the Code. Section 5. Runoff Election. In accordance with Section 2.025 of the Code, in the event that no candidate receives a majority of the votes cast for a given office, there shall be a runoff election held on June 1, 1996, not less than 20 nor more than 30 days after the date of the official canvass as provided for herein. If a runoff election is necessary, it shall be ordered by the mayor not later than five (5) days after the canvassing of the returns of the general election. As provided in Section 2.028 of the Code, should candidates in the runoff election tie, they shall cast lots to determine the winner. Section 6. Election Precincts: Polling Places: Election Hours. The polling location for precinct 25 shall be the Southfork Mobile home Park Clubhouse, 210 Southfork Boulevard. The polling location for precincts 27, 83, and 56 shall be the First United Methodist Church, 109 W. Jefferson, Wylie, Texas. Section 7. Appointment of Presiding Election Judges and an Alternate Presiding Election Judges: Qualifications to Serve as Election Judge: Confirmation of Appointment: Notice of Appointment. The City Council shall, in accordance with the Texas Election Code, appoint Presiding Election Judges and Alternate Presiding Election Judges not later than March 22, 1996. The City Secretary shall, in accordance with Section 32.009 of the Code, deliver to the Presiding Judges and the Alternate Presiding Judges notice of their appointments not later than twenty (20) days from the date of appointment. Section 8. Appointment of Clerks. The Presiding Judges upon appointment shall each appoint not less than two (2) nor more than eight (8) qualified election clerks to serve and assist in the conduct of the election, provided, however, that if the Presiding Judges named actually serve as expected, the Alternate Presiding Judges shall each be one of such clerks. All election clerks shall be qualified voters of the City. 2 Section 9. Compensation of Election Judges and Election Clerks. The Presiding Election Judges, Alternate Presiding Judges and each Election Clerk shall be compensated at the rate of$6.00 per hour in accordance with Section 32.091 of the Code. The Presiding Election Judges shall each also be paid the additional sum of $30.00 for delivering the returns of the election. Such payments shall not exceed the maximum amounts set forth in Sections 32.091 and 32.092 of the Code. Section 10. Method of Voting: Election Materials. The City Secretary is hereby authorized and instructed to provide and furnish all necessary election supplies to conduct the election. Voting at the election shall be by use of paper ballots to be manually tabulated. Preparation of the official ballots for the election shall conform to the requirements of the Code, and shall permit the voters to vote for a mayor and three (3) Councilmembers, one (1) each for Places 2, 4, and 6 and for a two (2) year term each. Each elector shall indicate his/her vote in the space provided beside each candidate's name that he/she wishes to vote for, provided, however, that no elector shall vote for more than one (1) member of the Council for each place. Section 11. Governing Law: Qualified Voters. The election shall be held in accordance with the Constitution of the State of Texas, the Texas Election Code, the City Charter, and all resident, qualified electors of the City shall be eligible to vote at the election. In addition, the election materials enumerated in the Code shall be printed in both English and Spanish for use at the polling place and for early voting for the election. Section 12. Publication and Posting of Notice. Notice of the election shall be given by posting a notice of election in both English and Spanish at the City Hall at the Bulletin Board used for posting notices of the meetings of the City Council, at each polling place and one (1) other public place within the City not less than twenty-one (21) days prior to the date upon which the election is to be held, and by publication of said notice at least once in a newspaper of general circulation published within the City, the date of said publication to be not less than ten (10) days nor more than thirty (30) days prior to the date set for the election. In addition thereto, a copy of the notice shall also be filed with the City Secretary at least twenty-one (21) days before the election. Upon publication of the election notice, the City Secretary shall secure a publisher's affidavit which complies with the requirements of the Code. Section 13. Early Voting. Early voting by personal appearance shall be conducted by the City Secretary, who is hereby appointed the Early Voting Clerk, at the office of the City Secretary located at City Hall, 2000 Hwy. 78 North, Wylie, Texas. For the period early voting for the election is permitted by law, the Early Voting Clerk shall keep said office open for early voting by personal appearance during regular hours on Monday through Friday except official State holidays, which hours shall be from 8:00 A.M. to 5:00 P.M., and 5:00 P.M. to 8:00 P.M. on Thursdays commencing on April 15, 1996 and terminating on 3 Tuesday, April 30 , 1996. Early voting on a Saturday or Sunday if any, shall be conducted in accordance with the requirements of the Code. Applications for early voting by mail shall be delivered to the Early Voting Clerk at the same address not earlier than March 5, 1996, and not later than the close of business on April 26, 1996. Early voting, both by personal appearance and by mail, shall be by paper ballots to be manually tabulated, which ballots shall conform to the requirements of the Code and in so doing, shall permit the voters to vote for Mayor and three (3) Councilmembers, one (1) each for each of Places 2, 4, and 6 for two (2) year term each. Each elector shall indicate his/her vote in the space provided beside each candidate's name that he/she wishes to vote for, provided, however, that no elector shall vote for more than one (1) member to the Council for each Place. The early ballots shall be canvassed by Early Voting Ballot Board, which is hereby created. The Presiding Election Judge and the Alternate Presiding Election Judge appointed for precincts 83, 27, and 56 shall serve as the presiding officer and the alternate presiding officer, respectively, of the Early Voting Ballot Board. The other election officers serving at the First United Methodist Church Polling Place shall serve as the other members of the Early Voting Ballot Board for the election. Section 14. Delivery of Returns: Preservation of Election records. In accordance with the Code, immediately after the closing of the poll of the day of the election in triplicate as follows: one copy shall be retained by the Presiding Election Judge, one copy shall be delivered to the Mayor of the City, and one copy of the returns, together with the ballot boxes and all election supplies, shall be delivered to the City Secretary. All election records and supplies shall be preserved by the City Secretary in accordance with the Code. Section 15. Canvassing of Returns. The City Council of the City shall convene on May 14, 1996, at 7:00 P.M. to canvass the returns of the election. Section 16. Necessary Actions. The Mayor and the City Secretary of the City, in consultation with the City Attorney, are hereby authorized and directed to take any and all actions necessary to comply with the provisions of the Code in carrying out and conducting the election, whether or not expressly authorized herein. Section 17. Effective Date. This Resolution shall be in force and effect from and after its passage and it is accordingly so resolved. 4 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the 13th day of February, 1996. APPROVED: James D. Swartz, Mayor ATTEST: Susan Shuler, City Secretary 5 Wylie City Council #4 Agenda Communication for February 13, 1996 Interlocal Agreement for 8O0 MHz Radios Issue Discuss and consider authorizing the City Manager to enter into an Interlocal Agreement between the City of Wylie and the City of Plano, for the 800 MHz Radio System. Background Upon contact with the Commissioner's Court Administrator, Mr. Bob Lindberg, it was learned that he would be working with the Sheriffs office on what the fees will be for the services of the radio system. As an option for the City of Wylie, the City of Plano was requested and agreed to submit an Interlocal Agreement proposal for services and costs associated with the 800 MHz Radio System. The Wylie City Council approved an Interlocal Agreement with Collin County relation to the operations of the 800 MHz Radio System on January 21, 1996. The agreement, however, did not include the charging of money to Public Safety Agencies for the radio services. There are specific reasons that the charges were not included that are not relevant to the consideration of this issue at this time. City Staff was aware that other entities, for a fee, could also provide access to a 800 MHz Radio System. The City of Plano was contacted and has submitted an Interlocal Agreement proposal for services and costs. A cost comparison chart has been prepared that includes the City of Plano and Collin County proposals. The Radio System operates utilizing a series of microwave radio transmission towers. The location and proximity of these towers to Wylie directly affects the quality of the voice transmission. Comparing this technical consideration, as well as the quality of the total radio system, and with comparable costs, staff recommends entering into an agreement with the City of Plano. The City Council may recall that the radio equipment has already been purchased and until an operation agreement can be reached we are unable to put into service. Please see attachment "Comparison Cost Information" for Collin County and the City of Plano. Legal Consideration Upon signing the Interlocal Agreement, both parties will agree to the terms and conditions as set forth in V.T.C.S. Chapter 791 of the Texas Government Code, therefore, binding the City of Wylie and the City of Plano to the agreement. Financial Consideration The cost to the City of Wylie is seven dollars ($7.00) per radio per month for the air time, and a monthly fee of one hundred eight dollars and thirty two cents ($108.32) for the Talk Groups and maintenance of the system. The total cost per year is $5,247.84. The cost to operate this system for the remaining physical 95-96 budget year will be approximately $3,061.24. This money was not budgeted, therefore, requiring a mid-year amendment to the current budget. (Please see attachment "Comparison Cost Information") Staff Recommendation Staff recommends that the City Council authorize the City Manager to enter into an Interlocal agreement between the City of Wylie and the City of Plano, for the 800 MHZ Radio System. Attachments Comparison Cost Information UlACIAAA (Irt 416;1/I..) Prepared By &Approval City Manager Approval Chief of Police Wylie Police Department COMPARISON COST INFORMATION CITY OF PLANO COLUN COUNTY • Seven dollars ($7.00) per Radio per month • Seven dollars ($7.00) per radio, per month for air time. for air time. • One hundred eight dollars and thirty-two • One hundred sixty-two dollars ($162.00) cents ($108.32) per month for three (3) per month for three (3) Talk Groups and Talk Groups. maintenance of system. • Ten (10) Interfacing Channels. • Five (5) Interfacing Channels. • Two (2) Service Towers - One • Two (2) Service Towers - One in Copeville approximately 9 miles west of Wylie and Texas and the other in McKinney Texas. the other is on top of Plano's Municipal Building, downtown. • A Ten (10) year agreement. • Will program radios at no cost to the City of Wylie. • Have certified radio technician on staff that will assist the City of Wylie. • A Five (5) year agreement. The City of Wylie currently has 47 Radios. The cost factors are as follows: COLUN COUNTY Radios Cost of Radio Talk Groups Total Cost 47 x $7.00 + $162.00 = $ 491.00 per month $ 5,892.00 per year CITY OF PLANO Radios Cost of Radio Talk Groups Total Cost 47 x $7.00 + $108.32 = $ 437.32 per month $ 5,247.84 per year The City of Plano's cost per month is $ 53.68, per year is $ 644.16 less than Collin County's. Wy ire City council5 f1g+rrnda Communication for February 13, 1996 Ordinance Omanding the Industrial Pretreatment Ordinance 92-6 Issue Discuss and consider approval of a ordinance amending the current Industrial Pretreatment Ordinance (Ord.. No 92-6) to set specific limits on the concentration of certain effluent discharges. Background The North Texas Water District (NTMWD) currently operates the City of Wylie Wastewater Treatment Plant located east of State Highway 78 on Alanis Road. The plant operates under a National Discharge Elimination System (NPDES) Discharge Permit which sets limits on the concentration of certain contaminants in the water treated and discharged into Muddy Creek. This treated wastewater (effluent) must contain concentrations of Biochemical Oxygen Demand (BOD) of less than 10 milligrams per liter (mg/I) concentrations of Total Suspended Solids (TSS) of less than 15 milligrams per liter (mg/I). Effluent discharges from the wastewater plant in excess of these levels put the plant in violation of it's operating permit. Over the last year, there have been several occasions when the plant effluent levels for BOD, TSS and Ammonia have been exceeded. The plant discharge data suggests that a single source is discharging excessive levels of BOD, TSS and Ammonia from time to time. NTMWD Staff has suggested that the City take certain steps to ensure future compliance through enforcement of adopted regulations. The Industrial Pretreatment Ordinance adopted by the City is intended to limit those industries which may discharge various levels of non-domestic type contaminants. The Ordinance protects the City's NPDES permit that allows the treatment plant to continue to operate as designed. Typically, the contaminants contained in the City's existing Ordinance meet or exceed the minimum requirements of the EPA and other regulatory agencies. However, Industrial Pretreatment Ordinances, in general, do not typically include specific limits on BOD, TSS and Ammonia, since these items are not normally problems with industrial-type discharges. If an industry discharged excessive levels of BOD, TSS or Ammonia, there are no specific limits set in the Industrial Pretreatment Ordinance to enforce. Since the wastewater plant in Wylie was originally designed to handle "normal" levels of BOD, TSS and Ammonia which the plant can reasonably process and remain in compliance with the discharge permit. Financial Considerations Section 2 of Ordinance No 92-6 established that any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in the sum of not more than Two Thousand Dollars ($2,000.00) for each such violation. Legal Considerations This agenda item amends the Industrial Pretreatment Ordinance to add the calculated limits for BOD, TSS and Ammonia to the list of other contaminants listed in Section 3 of the existing ordinance (Ord. No 92- 6). The calculated limits are as follows: BOD 628 mg/I TSS 628 mg/I Ammonia 39 mg/I With addition of these limits to the Industrial Pretreatment Ordinance, the City will be able to ensure the proper operation of the wastewater plant through enforcement of the discharge limits. North Texas Municipal District will perform the actual monitoring and will work directly with the City of Wylie regarding any specific industry that is found to be in violation. Staff Recommendation Staff recommends Council adopt the additional limits as part of the Industrial Pretreatment Ordinance (No 92-4). h/IC ll Prepared & Approved City Manager A pproval CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 92-6 OF THE CITY OF WYLIE, TEXAS, IN REGARD TO REGULATIONS FOR THE DISPOSAL OF SEWAGE AND THE USE OF PUBLIC SEWERS; REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO THE SANITARY SEWER OF THE CITY OF WYLIE, TEXAS; REGULATING UNSEWERED AND MISCELLANEOUS DISCHARGES; PROVIDING FOR A PERMIT SYSTEM WITH DENIAL, SUSPENSION, REVOCATION AND AN APPEAL PROCESS; REPEALING CONFLICTS IN OTHER ORDINANCES; PROVIDING FOR EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION THEREOF. WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has previously adopted Ordinance No. 92-6 of the City of Wylie, Texas ("Wylie") establishing regulations for the disposal of sewage and the use of public sewers, regulations for the discharge of indus'rial wastes into the sanitary sewer of Wylie, regulations of unsewered and miscell.,neous discharges and providing for a permit system with denial, suspension, revocation and an ap,.eal process. WHEREAS, the City Council desires to amend the limitation of hazardous metals and chemical or toxic substances discharged into the sewer system of Wylie under Ordinance No. 92-6 of Wylie; and WHEREAS, the City Council finds that it is in the best interest of the citizens of :'lie to amend Section 3(A)(1) of Ordinance No. 92-6 as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council hereby amends Section 3(A)(1) of Ordinance No. 92-6 as follows: ORDINANCE AMENDING ORDINANCE NO.92-6-Page 1 hj\J:\mboa4\wylie\amend.ord/012696 SECTION 3: HAZARDOUS METALS AND CHEMICAL OR TOXIC SUBSTANCES A) It shall be unlawful to discharge into the sewer system any metals, chemicals or toxic substances in excess of the following concentration limits: 1) The following heavy metals and toxic materials in the form of compounds or elements in solution or suspension in concentrations exceeding these limits: MONTHLY AVERAGE PARAMETER LIMIT IN mg/L Arsenic (Total) 1.00 Cadmium (Total) 0.11 Chromium (Total) 2.77 Copper (Total) 2.07 Cyanide (Total) 0.65 Lead (Total) 0.69 Mercury (Total) 0.011 Nickel (Total) 2.38 Silver (Total) 0.43 Zinc (Total) 2.61 Biochemical Oxygen Demand (BOD) 628 Total Suspended Solid (TSS) 628 Ammonia (NH3) 39 SECTION 2: Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in the sum of not more than Two Thousand Dollars ($2,000.00) for each such violation. SECTION 3: All Ordinances or provisions of Ordinances in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining provisions of conflicting Ordinances shall remain in full force and effect. SECTION 4: It is hereby declared to be the intention of the City Council that if any phrase, clause, sentence, paragraph or section of this Ordinance is declared unconstitutional or invalid by judgment or decree of a Court of competent jurisdiction, then such unconstitutionality ORDINANCE AMENDING ORDINANCE NO.92-6-Page 2 hj\h\mbox4\wylie\amend.ord/012696 or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this Ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional or invalid. SECTIO;4 5: This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this day of 1996. JIM SWARTZ, Mayor ATTESTED AND CORRECTLY RECORDED: APPROVED AS TO FORM: SUSAN SHULER ABERNATHY, ROEDER, ROBERTSON City Secretary : JOPLIN, P.C. RICHARD M. ABERNATHY City Attorney Date of Publication: , in the ORDINANCE AMENDING ORDINANCE NO.92-6-Page 3 hj\I:\mbox4\wylle\amend.ord/012696 Wy lire City Counctt il Ogenda Communication for February 13, 1996 Resolution fImending the ftllowable'Uses Odding "Batch Plant-Permanent" Issue Discuss and Consider approval of a resolution that would amend the list of allowable uses within the zoning ordinance adding "Batch Plant (Permanent)" Background A formal request was made on December 28, 1996, from Bodin Concrete to construct a ready mix concrete plant at 1502 West Kirby (FM 544). The category for"Batch Plant (Permanent)" is not listed in the Zoning Ordinance. This request required that the City make a determination as to whether this land use would be appropriate within an existing land use category or if an SUP would be required. The Zoning Ordinance allows the building inspector to request this recommendation from the Planning and Zoning Commission after providing information regarding the nature of the operation, its use and so forth. Consideration of this issue was tabled at the January 23, 1996 meeting. A worksession was held on February 6, 1996 to discuss this issue further in detail. Representatives of the TNRCC were present to answer questions regarding the permitting process required by that state agency to operate a permanent batch plant. The outcome of the worksessions was a consensus that the zoning issue should be considered by the City Council at its next possible meeting. Staff has prepared an attachment that outlines a time schedule for the process of approving a Special Use Permit. The Planning & Zoning Commission, at their January 15, 1996 meeting, considered the issue of whether the operation of a batch plant should be an allowable use within the "I" - Industrial District. Approving this amendment would allow the operation of a batch plant in any "I" Industrial District anywhere in the City. The Commission also considered the issue of whether the batch plant operation should be an allowable use within the "I" - Industrial District, but must be granted a Special Use Permit (SUP). This action of requiring a batch plant business to operate under a SUP would have the effect of allowing the P&Z and City Council to consider requests to operate a batch plant on a case-by-case basis. The P&Z considered these issues and recommended that the operation of a batch plant be listed as an allowable use with an "I" - Industrial zoning classification. The basis for the recommendation was their understanding that any SUP must be reviewed after 18 months. The P&Z concluded that an industry would be unwilling to make an investment if the potential existed that its operations could be suspended after 18 months. The "18 Month Review" Rule was a process that Staff had accepted as a requirement in the ordinance. However, after a thorough review of legal considerations, Staff (including our City Attorney) believes the 18 month review has no legal standing. Therefore, the SUP could be approved and granted as a permanent zoning classification. The P&Z did not have this information at their meeting. The issue immediately before the City Council, is not to approve the batch plant operation requested by Bodin Concrete. The specific issue of Bodin should be considered after the classification issue is resolved. If the City Council rejects the recommendation from Planning and Zoning and approves the amendment to the Zoning Ordinance that a batch plant can only operate with a SUP within an "I" - Industrial District zoning, another process could be triggered. The granting of a SUP to a specific business requires Public Hearings before Planning & Zoning and the City Council. The events relating to other industries located in the vicinity of the proposed batch plant site and the residents reaction to those situations would suggest that the citizens would welcome an opportunity to participate in this decision regarding the batch plant operation. The TNRCC will also conduct Public Hearings before the agency approves an Operating Permit. Requiring that the batch plant operate under a SUP also provides the City the opportunity to require specific mitigation measures that would address specific concerns that citizens, the City Council or P&Z might have regarding batch plant operations. The TNRCC has also provided the information enclosed that deals with the exception that is allowed by the TNRCC for permanent batch plants. Bodin will have to make application for a permit from the TNRCC for the operation of a batch plant in the City of Wylie at this specific location, or make application for the above mentioned standard exemption for their operation. Attached is a letter from Bodin that lists pertinent facts regarding site data, plant usage and employment details. This information is required in the Comprehensive Zoning Ordinance, Section 29 to assist in the determination of the most appropriate classification for an unlisted use. The Planning and Zoning Commission is required to relate its findings and recommendations to the City Council. The Council shall, by resolution, approve the recommendation or make such determination concerning the classification of such use as is determined appropriate based upon its findings. Board Recommendations The Planning and Zoning Commission, at their January 15, 1996 regular business meeting recommended to Council that the zoning classification for this item be listed in the "I" (Industrial) use category. Financial Considerations N/A Legal Considerations N/A Staff Recommendations City Staff recommends that "Batch Plant (Permanent)" be classified as a use allowed in the "I"- Industrial District as a Specific Use. This recommendation was given to the Planning and Zoning Commission. All Specific Use permits that have been issued in the past have had an 18 month review placed on them. Provisions of the Zoning Ordinance allow for either a Specific Use without review or a Temporary Specific Use that expires in 18 months. The Planning and Zoning Commission recommended "I" - Industrial as the appropriate district. They believed the 18 month review, which historically had been applied to all SUP's , could cause undo hardship on a business operator who might have large monetary investment in a business. Staff has contacted the P&Z members and, in light of the interpretation on the time period for review, all of the Commission members contacted feel the "I" - Industrial District - Specific Use is more appropriate. Attachments Statement of facts from Bodin Concrete and related P&Z material. Oi c e ce �it.c.e�e, --Adee. I t,�tQ, ,;I/ 4- Prepared - CommunityDev. &-- City Mgr. Approval By pP RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, APPROVING THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION PLACING THE UNLISTED USE OF "BATCH PLANT (PERMANENT)" IN"I" - INDUSTRIAL DISTRICT, PURSUANT TO SECTION 29 OF THE ZONING ORDINANCE. WHEREAS,the Zoning Ordinance of the City of Wylie recognized that unlisted or new uses may seek to locate in the City of Wylie, and WHEREAS, the Zoning Ordinance of the City of Wylie contains provisions by which the Planning and Zoning Commission shall consider the use based on its activity and nature, and WHEREAS, the Planning and Zoning Commission shall determine and recommend to the City Council a zoning district appropriate for the use, and WHEREAS,the Planning and Zoning Commission has recommended "I" - Industrial District appropriate for "Batch Plant (Permanent)", and WHEREAS, the City Council can, after recommendation by the Planning and Zoning Commission, amend the Zoning Ordinance by resolution for an unlisted use. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, THAT: The Zoning Ordinance of the City of Wylie be amended to include "Batch Plant (Permanent)" in the allowed uses of the "I" - Industrial District. DULY PASSED AND APPROVED on this the 23rd day of January, 1996. James D. Swartz, Mayor Susan Shuler, City Secretary Timeline Application for SUP February 13 Council classifies use February 16 Public Hearing Notice must be received by the Wylie News March 18 Planning &Zoning holds Public Hearing and takes action on SUP March 26 If approved at P&Z, City Council holds Public Hearing and takes action on SUP All parties within 200' will be notified by written notice before the first public hearing Richard Kelly, Bodin Concrete, has been notified and informed of this schedule and should have no problem having all necessary submittals provided by these dates. He informed the Director of Community Development of his plans to go ahead and make immediate application for necessary permits or exception with the TNRCC. City of Wylie, Texas Issues related to Bodin Concrete Co., Inc. Proposed Plant in Wylie at 1502 Kirby (FM544) January 18, 1996 AD VALOREM TAX ISSUES Westgate and Rustic Oaks Area Residential Properties 1995 Tax Revenue $228,184 If the total value of the concrete business reaches Bodin's expectations by January 1, 1997 it will have a tax valuation of$3,000,000. The real property is carried on the 1995 roll at $320,000. The following calculation represents the estimated ad valorem tax stream assuming that all of the personal property is "5 Year Property" (because trucks are the majority of the equipment expense and they are replaced every 5 years). Anticipated Total Property Value $3,000,000 Less Real Property as valued on 1995 Roll 320,000 Estimated Personal Property Value 2,680,000 First Year Ad Valorem Tax Revenue Real Property Ad Valorem Tax $320,000 value x 65.5 cents per hundred $2,096 Personal Property Ad Valorem Tax $2,680,000 value x .80 depr. factor x 65.5 cents per hundred 14,043 TOTAL FIRST YEAR AD VALOREM TAX REVENUE $16,139 SALES TAX ISSUES The sales tax on concrete trucked to building sites is primarily assessed at the job site. This means that the addition of a local batch processing plant will not substantially affect the sales tax revenue of the City. C:\96-PAM\BODINTAX.WK4 TAX EVALUATION OF WESTGATE & RUSTIC OAKS AREA January 1996 Valuation Number before No. of Tax Sub-division of Lots Exemptions Exemptions Exemptions Valuation Revenue Rustic Oaks- 79 6,065,372 5 (150,000) 5,915,372 38,745.68 Phase I R-1502 Rustic Oaks- 66 5,265,330 4 (120,000) 5,145,330 33,701.91 Phase II (1 lot vacant) R-1503 Rustic Oaks- 89 7,261,764 4 (91,500) 7,170,264 46,965.23 Phase III (3 lots vacant) R-1504 Rustic Oaks- 46 1,208,237 1,208,237 7,913.95 Phase 4 (33 lots vacant) R-1504 1 Apt. Complex 3,390,604 3,390,604 22,208.46 Westgate 150 12,070,496 4 (63,000) 12,007,496 78,649.10 Phase 1 (30 lots vacant) R-2151 Totals 35,261,803 (424,500) 34,837,303 228,184.33 Westgate-Phase II has been plated and houses are being built. There is approximately 36 lots. Eagle Ready Mix has a valuation of$320,000(land and building) or$2,096 in taxes. According to Charles Hollingsworth at CAD,the adjustment to taxable property would be to those that are directly adjacent to the property or facing it. Those would be given a 10% decrease in value.. There are approximately 466 lots for homesites of which 103 are vacant lots. ODIN CONCRETE CO . INC TEL :214-475-8119 Jan 12 96 18 :02 No .003 P .02 II it of;,....a7Z o I C� MOIL 0 0 P.O. BOX 109 ROWLETT,TEXAS 75088 4810 BOYD BLVD, ROWLETT, TEXAS 75088 475.8118 Proposed Ready Mix Concrete Site Use Ready Mix Concrete Plant Site Data: Sec Figure 2 The subject site was formerly a ready mix facility known as Eagle Ready Mix, Inc.. The property is located at 1502 Kirby(FM 544),Wylie, Collin County, Texas. The property consists of approximately 173,107 square feet of land area supporting 6,520 square feet of building improvements. Currently, the front one-quarter of the subject is improved with an office building and associated site improvements(i.e., paved parking, landscaping, etc.). Additionally, there is a single family residential structure in poor condition,this building will be torn down, The rear three-quarters of the site is generally paved with reinforced concrete and is surrounded by a+1-6' chain-link fence with a 3-strand barb-wire top. This paved, fenced portion of the property has a 40' x 60' metal industrial building located in relatively close . proximity to the office on the front quarter of the property. There are also bays formed by concrete blocks located around the paved area. The temporary, portable"office"building and sheds on this portion of the subject will be removed. Site improvements The subject property is improved with several structures which supported the previous concrete ready-mix facility. These structures include: (1) +/-2,220 SF office building with paved parking and perimeter walks; (2) +/-2,400 SF metal/steel hanger style building with office area; (3) +/- 1,900 SF residential structure with attached garage;and (4) a temporary portable"office" and sheds which are of no contributory value that will be removed. There is an estimated 72,000 SF of concrete paving on the site,including the drives, parking and work areas. Additional items include various landscape items and a six-foot perimeter security fencing, ODIN CONCRETE CO . INC TEL : 214-475-8119 Jan 12 96 18 :02 No .003 P .03 Conaae l nt A Vince-Hagen dry batch concrete plant with 600 barrel cement storage silo, 300 barrel fly ash silo and required dust abatement equipment will be erected on site. Aggregate storage bunker A will contain approximately 2000 tons of rock; aggregate storage bunker B will contain approximately 1500 tons of sand. Employment It is our intention within 12 months of purchasing the new facility to move the corporate office from its current location to this site. Bodin Concrete Company, Inc. currently employs approximately 65 employees with sales of approximately$15 million. Moving to the new site will enable us to add an additional 20 employees to the company and hopefully increase sales by S5 million. If the special use permit is granted,Bodin Concrete Company, Inc. hopes to have the facility operational within 60 days. • 111 ODIN CONCRETE CO . INC TEL :214-475-8119 Jan 12 96 18 :03 No .003 P .04 • FILE COPY Page 1 of 2 CITY OF WYLIE P.O. BOX 428 WYLIE, TX 75098 fPPLICATION FOR SPECIFIC USE PERMIT SUP Date Submitted_ 12-28-85 Case No._.. -� Filing Fee $ 225.00 Applicant BODIN CONCRETE CO. , INC. Address 4810 BOYD BLVD. Phone No. 214-475-8118 ROWLE'T"T, TX, 75O88 Work No. Name as above • i 1 Owner Tenant Prospective Purchaser X Legal description of property for which Specific Use Permit is requested (if additional space is needed, the description may be typed legibly on a separate sheet and attached hereto)2 SEE ATTACHED SCHEDULE "A" • I hereby request that a Specific Use Permit be issued for the above described property for: REDI-MIX CONCRETE OPERATION The current zoning on this property is T- INDUSTRIAL, These are/are not deed restrictions pertaining to the intended use of this property. I have attached hereto as Exhibit A a plat showing the property which is the subject of this requested Specific Use Permit and have read the following note concerning the importance of my submitting to the City a sufficient legal description. le31.4 ( PERRY BO1 IN, PRESIDENT 111 ODIN CONCRETE CO . INC TEL : 214-475-8119 Jan 12 96 18 :03 No .003 P .05 • Page 2 of 2 1 If the applicant is someone other than the owner,written acknowledgement by the owner of the request must also be submitted. SEE ATTACHED LETTER FROM EAGLE READY MTX, CURRENT OWNERS Or TILE PROPERTY. 2 The legal description is used to publish the notice of the required hearing and in the preparation of the final ordinance granting the Conditional Use Permit, The description must be sufficient so as to allow a qualified surveyor tau eat description e b and locate o ne and mark off the tract on the ground. Each applicantP Y a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. ODIN CONCRETE CO . INC TEL :214-475-8119 Jan 12 96 18 :04 No .003 P .06 SCHEDULE "A" Legal description of land: Being all that certain lot, tract or parcel of land situated in Collin County, Texas, being out of the E.C. Davidson Survey, Abstract No. 266, being part of a 45 acre tract of land described as the Second Tract of a deed from Susie O. Hall, et al, to E. Nathan Eldridge recorded in Volume 314, Page 512, Collin County Deed Records, and being the same 3 .97 acre tract of land described in deed from C.S. Collinsworth and wife, Earlena to Jack C. Shipman and wife, Vicki, recorded in Volume '795, Page 759, Collin County Deed Records and being more particularly described as follows: BEGINNING at an iron pipe found for corner in the South line of the St. Louis and Southwestern Railroad Company, said point being the Northeast corner of said 3 .97 acre tract; THENCE South 838 . 19 feet to an iron pipe found for corner in the North line of F.M. 544, said point being the Southeast corner of said 45 acre tract; THENCE South 88 degrees 38 minutes 31 seconds West 208 . 00 feet along the North line of said E.M. 544 to an iron pipe found for corner; THENCE North 00 degrees 00 minutes 29 seconds West 826 . 31 feet to an iron stake set for corner in the South line of said Railroad R.O.W. , said point also being the Northwest corner of said 3 . 97 acre tract; THENCE North 85 degrees 22 minutes 59 seconds East 208 .70 feet along the South line of said Railroad R.O.W. to the PIECE OF BEGINNING and containing 3 .974 acres of land, more or less. ODIN CONCRETE CO . INC TEL :214-475-8119 Jan 12 96 18 :04 No .003 P .07 DEC a--1 10 20 THE CHWEY COMPR11 FS taY 11.70 c i w EAGLE READY MIXONCRTE, INC. P.O. BOX 5 RO7ANOKE, TEXAS 75262 BODIN CONCRETE, INC. ATTENTION: RID KELLEY • RE: PROPERTY AT 1502 W. KIRBY, WYLxP; TEXAS LEGAL DESCRIPTION 3 .97 ACRE TRACT OF LAND VOL. 195 PAGE 759, COLLTN COUNTY DEAR MR_ KELLEY, YOU HAVE OUR PERMISSION TO FILE FOR A SPECIAL USE PERMIT WITH IFECNOLT THE SI ,ERENCED PROPERTY. ICP BE FURHER ASSISTANCE, FEEL FREE TO CONTACT ME. THANK YO „ �.H. CH2INEY TOTAL. P.02 a ODIN CONCRETE CO . INC TEL : 214-475-8119 Jan 12 96 18 :05 No .003 P .08 20B_ 0 .N85'?$:r9 1 7 „ r. i i i t 1 1 N i t ' i 1 t 1 1 i t 1 1 ' t t k- 1 1 1 ' i t i , � i LEGEND : ' ' t . -------- PROPERTY LINE iv Additional. Equipment it,:.: �--- DRAINAGE FLOW . 1 Parking t;° (AI t iL A. Office Bldg. ; i B. Shop Bldg. C. Concrete Plant iiF1 b. Sand Bunker _ E. Rock Bunker ir t F. Above Ground Diesel Tank i xRn 10 C ix i {-1..,...„. . , i 1 1. 1 Equipment ai Parking pi tV' 0. 41 Employee 4 Parking fA I • 1 . ' LJ .J 208 00 58836 31 "W FM 544 tKIRBY ? E IGUR'E 2 - SITE SCHEMATIC 111 ODIN CONCI-:t I E. CU . INC TEL :214-475-811Y Jan 12 9E) 18 : 05 No .UU.5 I✓ .OY I 1 ' J' ' '5A ..j • ' $ 5,1 Q Q 'IL$ : I u t � ., � �, i 0..,..N.1" igt: ......, .61::ta':::::' , • , I �lJ mos t C 1 t1toiniii1lUui. I 1 4/SF `I 3 ( { � 84 -3 0 9 • , .... 1 r.- . ::...211.:_k4:.....8:_511 .:�_ R R i 4 r , ,,• ,15 L �C✓j' /' •• •0 C S f T� -w6.ck -rti u r- - _Apr 11 1. tttru w - .t L:V 1 /•. r r: ` 1 1 t 8 8 6 .--5 /-• Ii j '��- i �. 2,, ,�, au 8 5 ---2 i., 2 A 1 E - ZONING MAP •