The URL can be used to link to this page

05-14-2002 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, May 14, 2002 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Action Taken CALL TO ORDER INVOCATION&PLEDGE OF ALLEGIANCE PROCLAMATIONS AND PRESENTATIONS ISO Rating Presentation by Mr. Jesse Williams of the State Fire Marshal's Office. CITIZENS PARTICIPATION CONSENT AGENDA All matters listed under the Consent Agenda are cam to be Tontine by thents Coundi and WM be enacted by one mutton. There min not be separate+ate•of these items.If discussion is desired,that hem nth be removed from the Consent-Agenda-and ma be consklenetlesparateli. A. Approval of the Minutes from the Regular Meetings of April 23,2002 and the Canvass of Election Returns of May 7,2002. B. Consider and act upon a Preliminary Plat for the Southbrook Addition, being a certain 66.88583 acre tract of land situated in the D.W.Williams Survey,Abstract No. 980 and the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County,Texas, and being a part of a tract conveyed to the JCM Properties, L.P. according to the deed recorded in Volume 2233,Page 874 of the Deed Records of Collin County,Texas,and all of two tract conveyed to JCM Partners, L.P. according to the deed recorded in County Clerk's File No.96-0045039 of the Deed Records of Collin County,Texas,and being all of the tract conveyed to Verna M. Poor according to the deed recorded in Volume 4409, Page 2100 of the Deed Records of Collin County,Texas. ITEMS FOR INDIVIDUAL CONSIDERATION AND ACtION Planning Items 1. Hold a Public Hearing to consider and act upon a change in zoning from Agriculture(A) to Agriculture(A)with a Special Use Permit(SUP)for Governmental Installation,being a 10.009 acre tract of land located east of Country Club Road (FM 1378) and north of West Brown Street (FM 3412), and being situated in the Charles Atterbury Survey, Abstract No.22,City of Wylie,Collin County,Texas,and being all of a tract conveyed to the Wylie Independent School District as recorded in County Clerk's File No. 2001- 027918,Deed Records of Collin County,Texas.(Zoning Case No.2002-02) Executive Summary The applicant is requesting a Special use Permit (SUP) in order to allow a Governmental Installation (Wylie L S.D. Transportation Center)to be developed within an Agricultural(A) District. At the April 16, 2002,Planning and Zoning Commission meeting,the Commission voted 4-0 to recommend denial due to traffic safety issues and the need to ascertain the validity of contamination on the subject property. Staff is recommending approval. The Departments of Development Services,Public Works and Fire concur with this recommendation. 2. Consider and act upon a Preliminary Plat for the Wylie I.S.D. Transportation Center Addition, being a certain 10.009 acre tract of land situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas, and being all of a tract conveyed to the Wylie Independent School District as recorded in County Clerk's File No.2001-027918 Deed Records of Collin County,Texas. Executive Summary The Preliminary Plat under consideration is to accommodate the new bus maintenance and storage facility of the Wylie Independent School District. This facility will relocate all W.I.S.D. transportation operations from the temporary location at the Jr.High School campus (and earlier from the vicinity of Birmingham Street and S.H. 78). The Plat will create a single lot of 10.009 acres. A request to change the zoning on the subject property from Agriculture (A) District to a Special Use Permit for Governmental Installation (A/SUP) is also on the current agenda for consideration. (Item No. 1)A Site Plan will be approved with that zoning. At April 16,2002,Planning and Zoning Commission meeting,the Commission voted 4-0 to recommend denial of this Preliminary Plat due to traffic safety issues and the need to ascertain the validity of contamination on the subject property. Staff is recommending Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. 3. Consider and act upon a waiver of alleys,for a 17.597 acre undeveloped tract generally located north of Ann Drive and east of Westgate Way. Executive Summary Section 2.9 of the Paving Standards states that"Alleys shall be required in all residential areas, and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City". The subject tract is zoned for Single Family-8.5 residential uses. The applicant intends to develop a residential subdivision and contends that alleys are inappropriate due to the unique configuration of the subject tract, which dictates construction of front-access garages, and is requesting that the alley requirement be waived. Staff is recommending denial,as no physical hardship which eliminates the feasibility of alleys has been demonstrated. Award of Contract 4. Consider and act upon the award of a contract for the Rustic Oaks Drainage Improvements to Craig Olden,Inc.in the amount of S485,771.75. Executive Summary Improvements to the Rustic Oaks channel from Brown St. to Fleming St were in the 1999 Bond, as well as the installation of an underground storm drain system to carry low flow drainage and an open earthen-line channel above to provide additional capacity for large rainfall events. It was determined that easement width would not allow a 100-year rainfall event to be conveyed with these improvements. On September 13,2001 the City held a public meeting to discuss options for the design of the drainage channel. The recommended section included a four-foot wide concrete channel in the center with concrete bag walls on each side. The low bid was Tri-Con Services, Inc, however, this project would be Tri-Con's first installation of a concrete bag wall. Craig Olden, Inc. submitted an alternate bid for the installation of stone gabion baskets in lieu of a concrete bag wall along the sides of the drainage channel, and has an excellent experience record in gabion construction. Staff recommends award to Craig Olden,Inc. to provide all equipment,labor and materials for the construction of the Rustic Oaks drainage improvements. The 1999 Drainage Bonds included $450,000 for the Rustic Oaks improvements; Approximately $53,000 has been spent on the project for engineering fees. Additional monies will be applied to this project from the interest earned on the bond funds. 5. Consider and act upon approval of the City's participation in the North Central Texas Council of Governments Regional Emergency Management Planning Council including the payment of assigned fees and the nomination of an elected official to serve on the Planning Council and staff member to serve on the Planning Council's Technical Committee. Executive Summary In February the Council of Governments hosted an Emergency Preparedness Conference which dealt with threats of bioterrorism. As a result,the Executive Board has authorized the creation of a Regional Emergency Management Planning Council. The program would facilitate the coordination of the various emergency preparedness plans of the members as well as state and federal agencies, hospitals and other private sector entities in order to better respond to a large-scale catastrophic event or natural and human caused emergency situations. Participating city's are asked to nominate an elected official to be considered for a seat on the Council and staff member to serve on the Council's Technical Committee. The Council of Governments is asking for financial assistance by assigning fees based on population. In order to expedite the implementation of the program,the Council of Governments is requesting that participating cities pay one-half of the assigned fee before May 31,2002. 6. Consider and act upon an Agreement with B&D Land, Cent ex Homes,Ryland Homes and Zena Land Development. Executive Summary With the adoption of the new Zoning Ordinance and Zoning Map,the issue of vested rights has been discussed with several developers. If the property was platted prior to the adoption of the ordinance,certain property rights were established so that the property could develop under the codes that were in effect at the time of platting. State Law prohibits cities from enforcing new codes on property owners which affect factors such as density, lot size, setback and lot coverage. In light of the precedent set with several recent court cases, staff has been negotiating with builders and developers as to which portions of the new Code can be applied to those subdivisions with plat approval. Because the recent rulings have gone against cities, the regulations that can be applied to these subdivisions are fairly limited. The Texas Builders Association has acted as an intermediary on behalf of the four developers. Earh has agreed to the same set of conditions,so that there will be consistency in the application of the new codes. URNMENT. In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, the sections of the act authorizing the dosed session will be identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 10th day of May 2002 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 contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.w�lie.tx.us City Secretary Date Notice Removed 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 TDD 972/442-8170. Page 3 of 3 MINUTES Wylie City Council Tuesday, April 23, 2002 - 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout. Staff Present: Anthony Johnson, City Manager;Brady Snellgrove, Finance Director; Chris Hoisted, City Engineer; Claude Thompson,Planner and Barbara Salinas, City Secretary. Rev. Harold Hembree of the First Christian Church of Wylie provided the invocation. There was no response from those in attendance. A. Approval of the Minutes from the Executive Session of January 15, 2002, & the Regular Meetings of February 12, February 26, and April 9, 2002. B. Consider and act upon a Preliminary Plat for Lot 1, Block 1 of the SFS Addition, being a certain 5.732 acre tract of land situated in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas, and being part of Tract B and part of Tract E conveyed to the F.O. Birmingham Memorial Land Trust according to a deed recorded in County Clerk's File No. 92-0091825,Land Records of Collin County, Texas. Councilman Scott asked for corrections to the regular minutes of February 26, page 4. He asked to correct the reference to the item number "1" to item number "2". Also within the regular minutes of April 9, 2002, he asked that Item No. 3 reflect that Councilman Young voted in opposition. With no further corrections, Councilman Scott made a motion to approve Consent Agenda Items A & B. Councilman Worley seconded the motion. A vote was taken and the motion was approved, unanimously, 7-0. Planning Items 1. Consider and act upon an Ordinance annexing all of a certain 5.791 acre tract out of the Aaron West Survey, Collin County, Texas; and generally located east of F.M. 544. Mr. Claude Thompson addressed this item. He stated that the owner of the property, Ms. Charlene Collins Dew, has submitted a request for voluntary annexation. The property is located east of FM 544 and is adjacent on three sides to the Bozman Farms Planned Development. If the proposed annexation is approved, the property will be temporarily zoned as A (Agricultural) until permanent zoning is established. In compliance with state law, two public hearings have been held on March 25, 2002 and March 26, 2002 respectively. There was no citizen participation opposing the annexation at either of the public hearings. Minutes of April 23,2002 Wylie City Council Page 1 Councilman Trout made a motion to approve the annexation of the 5.791 acre tract out of the Aaron West Survey, Collin County, Texas; and generally located east of F.M. 544. Councilman Worley seconded the motion. A vote was taken and the motion was approved, unanimously, 7-0. 2. Consider and act upon appointing a new member to the Planning and Zoning Commission to fill an unexpired term. Councilwoman Reta Allen made a motion to appoint Mr. Don Hughes to the Planning and Zoning Commission to fill an unexpired term ending in July of 2002. Councilman Worley seconded the motion. A vote was taken and the motion was approved, unanimously, 7-0. 3. Consider and act upon appointment of a board of director to the North Texas Municipal Water District Board. Mr. Marvin Fuller was present and stated that he would be willing to serve another term as the City's representative on the North Texas Municipal Water District Board. Councilman Worley made a motion to reappoint Mr. Marvin Fuller to the board of directors to the North Texas Water District Board. Councilwoman Allen seconded the motion. A vote was taken and the motion was approved, unanimously, 7-0. 4. Hold a Public Hearing and consider and act upon approval of a Resolution authorizing the application for a Texas Parks and Wildlife grant for the purposes of improving recreational facilities at Community Park. Mr. Anthony Johnson, City Manager addressed this item advising Council of recent developments regarding authorization of future grants. He stated that the proposed grant application was for the improvement of existing playground equipment at Community Park, including the installation of a new modular handicap accessible playground equipment piece. However, he suggested that the city not submit the proposed grant application in lieu of future submittal in January of 2003 to include improvements to Founders Park, a joint use facility. The joint usage would ensure additional points in securing the grant. The Mayor then opened the Public Hearing and asked that anyone wishing to speak either in favor or opposition of the authorization for grant application submittal to please come forward, state their name and address for the record and limit their comments to three minutes. With no response, the Mayor then closed the Public Hearing. Councilman Scott made a motion to take no action on the Resolution authorizing the application for a Texas Parks and Wildlife grant, deferring to the January 2003 submittal date. Councilman Trout seconded the motion. A vote was taken and the motion was approved, unanimously, 7-0. ifte :><« >:;".:: :�;: > ,,;y' >:>:::>?:::ra::: := «< <s<€<«< j >» >< >'>>«=< » s > < ;;i:::>:»::<:::: >:><:`:::::a»<:<:::::>:: :j::::::>:::::<: ;>:::: 5. Consider and act upon approval of final acceptance of the Utility Relocations a long FM 544, and authorize final payment to Moss Construction Company, in the amount of$6,521.59 and accept the project as complete. Chris Trout, City Engineer addressed this item, providing a brief background on the request. He stated that on July 24, 2001 the Wylie City Council awarded a construction contract to Moss Construction Co. for the relocation of approximately 1,500 feet of 20", 12" and 8" water distribution mains and approximately 600 feet of 8"wastewater mains. Minutes of April 23,2002 Wylie City Council Page 2 The walk through was performed on November 7, 2001 and the contractor has addressed all of the items identified. The City engineer recommended final payment in the amount of $6,518.59 ($3 difference than what was posted). Acceptance by the City Council will initiate a one-year warranty period during which the contractor is liable for any repairs that may be required. Councilman Hogue made a motion to approve final acceptance of the Utility Relocations a long FM 544, and authorize final payment to Moss Construction Company, in the amount of $6,518.59 and accept the project as complete. Councilman Worley seconded the motion. A vote was taken and the motion was approved, unanimously, 7-0. 6. Consider and act upon authorizing the City Manager to execute and award a contract to The Hogan Corporation, in the amount of$49,800 for engineering services related to the design of approximately 9,275 linear feet of 8, 10, and 12-inch diameter sewer mains. City Engineer, Chris Hoisted provided Council with a brief background on the request. He stated the 1999 Bond included $330,000 for priority 2 and 3 improvements for the City's infiltration and inflow (I&I)program and staff has identified six sewer lines generally located in Holiday Terrace and Caldwell Estates additions. The sewer lines are at least twenty years old, experiencing large amounts of I&I and are a constant maintenance issue for City forces. The lines will be prioritized during the preliminary engineering phase and will be reconstructed as funds permit. The 1999 Bond included $330,000 for the priority 2 and 3 I&I program. Approximately $60,000 has been expended to date on minor replacements throughout the City. Mr. Holsted estimated completion of the project between 60-90 days. Councilman Scott made a motion to authorize the City Manager to execute and award a contract to The Hogan Corporation, in the amount of $49,800 for engineering services related to the design of approximately 9,275 linear feet of 8, 10, and 12-inch diameter sewer mains. Councilman Trout seconded the motion. A vote was taken and the motion was approved, unanimously, 7-0. With no further business to come before the Council,the meeting was adjourned at 6:23 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes of April 23,2002 Wylie City Council Page 3 MINUTES Wylie City Council Canvass of Election Returns Tuesday, May 7, 2002 - 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present:Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Eric Hogue, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Staff Present:Mindy Manson, Assistant City Manager and Barbara Salinas,City Secretary. 4BUFFROM,WRORMIWEtWOON 1RITRCMCWRifinfANC,',:igfaCnOttiiQf The City Secretary read the election returns into the record. ONSOIRAMagart!MONMIEMMOTAtiiffiiitig,MMORNiggetiNWOWTMEMANNIN iiiiiitikktetiiiitAtititiMtitiitatUtildtitittWOONOt MAY4 2002. Councilman Scott made a motion to approve the Resolution declaring the results of the official canvass of the General Election of May 4, 2002. Councilman Young seconded the motion. A vote was taken and the motion was approved, unanimously, 7-0. ZSITANCEDIVIRTMOVIESIDERLECTIONWORntiMANORAMPIACESSAMMENNUM:: Certificates of Election were issued to the Mayor, Councilman Worley and Councilman Trout. ADMIOUSTIMIONDROATIVOROW.KWOR3BEAUTORANDWAGESS&WOREMENgiiiiiiii!i!!!iiiigiiii Judge Terry Douglas administered the Oath of Office to the Mayor, John Mondy, Councilman Place 5 J.C. Worley and Councilman Place 6 Chris Trout inACTIONORMAYORPRaTEMEMENEMENEMEMENSiiiinanniiiniiMMINEEMEMMENEW Councilman Scott made a motion nominating Councilman J.C. Worley as Mayor Pro Tem. Councilwoman Reta Allen seconded the motion. A vote was taken and the motion was approved unanimously, 7-0. There was no participation from those in attendance. The Mayor announced that the Council would convene into Executive Session in accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Law), Section 551.072 Deliberation Regarding Real Property; to deliberate the purchase, exchange, lease, or value of real property (F.M. 1378) if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. The Mayor reconvened into Regular Session. As a result of the executive session, Councilman Scott made a motion to authorize the City Manager to negotiate the purchase of land located on F.M. 1378. Councilman Trout seconded the motion. A vote was taken and the motion was approved unanimously,7-0. Minutes of April 23,2002 Wylie City Council Page 1 ....................................................................................................................::.::.:::::::::::::....:::::::::::::::::::::::,,,:::::.::::::::::::::::::::.::.::::::::::::.:::.:::::::,:.::::::::::::. With no further business,the meeting was adjourned at 6:35 p.m. John Mondy,Mayor ATTEST: City Secretary Minutes of April 23,2002 Wylie City Council Page 2 WYLIE CITY COUNCIL AGENDA ITEM NO. f May 14, 2002 Issue Consider and act upon a Preliminary Plat for the Southbrook Addition,being a certain 66.88583 acre tract of land situated in the D.W.Williams Survey,Abstract No. 980 and the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas, and being a part of a tract conveyed to the JCM Properties,L.P. according to the deed recorded in Volume 2233,Page 874 ofthe Deed Records of Collin County, Texas, and all of two tract conveyed to JCM Partners,L.P. according to the deed recorded in County Clerk's File No. 96-0045039 of the Deed Records of Collin County,Texas, and being all of the tract conveyed to Verna M. Poor according to the deed recorded in Volume 4409, Page 2100 of the Deed Records of Collin County, Texas. Background The Preliminary Plat for the Southbrook Addition includes 66.85 acres and will create 220 single- family residential lots and provide for 2.3 acres of public open space, as well as provide part of the right-of-way for the future widening of Elm Road. The Planned Development District (PD 02-01) which established the zoning requirements was approved by the City Council on February 26, 2002, and provides for a minimum lot size of 8,000 square feet. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period" Financial Considerations Preliminary Plat application fees—Paid Other Considerations 1. The Preliminary Plat substantially conforms to the Concept Plan of the approved Planned Development District. The Plat also complies with all applicable technical requirements of the City of Wylie. 2. The Plat dedicates right-of-way for the future widening of Elm Road,as a six-lane parkway with a divided median. 3. The required park land dedication for 220 lots is 3.3 acres. The Plat provides 0.6788 acres of park land which links to the existing neighboring park and the applicant will provide for the remaining required dedication with equivalent improvements to the park and/or funds. An additional 1.62 acres of floodplain is dedicated as public open space to serve as a future trail linkage. Land is also provided for a landscaped perimeter and entry feature,to be maintained by the private homeowners association. Board/Commission Recommendation At April 16, 2002, Planning and Zoning Commission meeting, the Commission voted 4-0 to recommend approval of this Preliminary Plat. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat .14 -. "YAW* Prepared by R- fed by Finance City M. MT,pproval , 10 t 1 I. t TWIN LAKES SUBDIVISION %\ � �J bPHASE 10 \I�� IBMilli Ca . G, Pg. 61 it 1 Ca,,,,xn,a,'JT°--. MARTIN DRIVE 'a«, ;:nad�� TWIN LAKES SUBDIVISION y11 \� \.d PG. P 6\ Cab. PL, el d1 4034 33 ,,, JO ----'a`tprgM- / 100 50 0 IGO 200 J9 38 3J 36 J5 32 31 h♦s6•` 29 28 2] 26 25 24 23 22 21 20 \ \\ y i� Block p / I^-� r „� `� • SCALE: I. 100 / En r- -2 \ Bearings based on the south line of yWWy((rIII Aar aso eY pa n. r Twin Lakes Subdivision Phase i Y Y a � ;�\ Y ,` as recorded in Cob.G Pg.561 92 Q 3'f-s 90 A, 1 1r_w „ r \0 - \ yyl 9yg"'FLYE'' 4Y), fiy Rork(..„ U East Fork Special \ \ ® 26"Z\+ "• ? \, Y. 8f k6� end - u Utility District GARY NELSON ge\ !O c c roe No zaoo a0ai aeE Vol. 6023. a zza IQj?Ta +g < � r ■a IITY OF WYLIE Q DRI 'Y \ , -, �a� \PARK LAND h $ i \ Er ,\ \ \ s nsr �, I I r\ LOCATION MAP Not to ecalc o .Naml. 5b •_ .ry 4allERDSkirr mrc,-.,azmecr x.. _ _ __ �� - 1 TM .p•V J' �413e y Y fP&&r'i$ 5 'r' ,\ ` - Y1Y / O ramucr no.deo - "^— Yg\_ � ` *{S.„' Si_ R & y `S N [ eua n„w c� �. yIl liam m eys 61` 0 w w am eosd ®'° 210,..11.2t • + s�(a ,rE 1 m" L m .�,ex.,+U.SOWS mentor x>ado a ♦^gg �9g g 8„^ w:., e g 't0. . \ \ •..E aNrc x.121E3 MD errs oEswrlMx .0 s',h ' L;-&P s 4¢ . P s- e 4 Y t`G'8q ro Y R l 1-rig R,9 n ,a0 a M "x }. t • / o ey ,u.,.r.. 'r,t.x ua o w. n wn e. ev u.a e,. 4 I E m &q &q &' E ,eq sq aq 84 �$'ri' &,� 9q @,� \ a`' s i aZ.! + : s�.....e cn- w.,^'vex. "`..a.n:.next,..r.. _ y, ' afll \ \• s +k''', ar t.V r ewer>._r or,.ate:Proportki.eroding to to I s xfn q° ra,r am: am taw ea/ am Nro\ am rem KW gw NSW-, 3 \ ..,r \ =' xlr 4a `'•Y 4..► f4' �°: a.�. . �a,°�a�are':<..a°'�'�e 4 I a 1 6 _ T PNEA�SANT r,ii© af s�,y A 3.• ICountyto Verna�n n awmwaumr 20-000039 n..w n No hoot v lawa w .ws^O aro a E / ,,. m,±} a AGO kg n �,„ 1 r a5.�° `�ayy A'6 The',., �s �„r r� .,w..of ..m«n:N.ueMt tart e.u�e I x.m /( r— „eS s u m §am gg m� gF SSW „ssm�99$nm pp-> a• r '\'' .'pY. 3¢s,--'Ra 5 I 'I'-Ef} / 6 , .'. . / y°s,..)a WOMINa al tiss walk.. ra 1e'ha an t art II Li 1. C r, ltgE gq9$�, gasa 6g ayB a49 5f°BG 11 of -{,,1 Z&E�B.1,( � FH''��' .�'P ty le' �/ � , p1'�� I i%%: � v I none +a.uLve ( coma.ewe lea n ex no ones -..,i \I $ g1I EN I yY 'sa -Als W iC4 e nsN nn. awe t�nb em } on,nal 'I e 8 w,5v new ^am ^am ^oar I^4 ^am ^am ^am ^um EMI , Y�\4 i P'g G 19'R 4 yH // IsID «ram.amrorr....n.ms of said Dr ear No for.. I i" a- m m m J'am aar Yam p f 'm ,,, ,I / gg rg a .m+'e �, , 7s m/ i :error W.w..e..na w 1oz1.«w reed .�`: n m m u eaar e. g� um ,e.N 1 I\ ( 2 e;/ n 17. r ±i are,: N 3e a;.d««n.e a:.an'"`n,^w w"fir ew xn lww ear.s a• �r l2 I8 zs_''' zo '" le 7-' rc 9r4 9fs...74grz gr Nh 3$e s• le'h „ A f\� r �A �- E. q ^I Wm ,.x w. noon e.3a. •g gP ..L y".A� :.6 -S I6: Ya ..& J�'.,I 129?L•A w{ 'f0 �i3- fE iQ9 'h • & a,R-'$.&y H&,A ,.4..!, ra& as &w eR $ =q� '�'1,��' 4 "'�' W AA yea rs' s" Ii 0. _ 8 l� 8 L .,":3'61._- m ^ �,-RAW- "/ L ° /` '9 `P°r. 1 r6 +y ' Y %.. 'r1 r Z o+o�ev w>.n a Nw.,n...,an..rt na.na n a,x•.a,net.. ,AI w ma. or• e' nod a.m ^seam roar am anal'NAIL am 4 a A T� -�• E If , 1 a 11.101C2.e..,.n ww m .s sr .a r w ant n.r u.a t zaoo 3 real am L :�� a Ie x7s \ ,e w....twa.r 1z4n«w;aE ..f § fo c ^ e m a:HU om N'��fRD 1 .a / ..1, ' �, ,'�Q' r la � a -`,(,'',o �I z m pi.a ea'dka rt,3M,clop iha.a u ins el i «;m n a"'wee.Serraor J�aEs E.STONE $�a et ow ,aid' zs° k3 42,I a m .t o a 2102 Von On.and la tno worth kw of a <m a.S ea +rx3r m am s. .,dr _ a ` „' w"".ki'x n mr ,,e ma eneda n over an..ago a sex ! �� ,4— -E e a n i k 9 y1, / _ 1191 F a rune rare n 31.o 48 E a Malone of 51,00 No�'I'nun 6 ek'4 :l a °. a , a P 8' "' z 'g&s 88s ga v e��s Y >I" �+ do , �s 'r,L a>' iI loss . l- ''r r''- ., ., R 4 4 k§ 8I- &»°-e'r t d7'/• � • `' ° ° : . $Inm nm a,y. - �'Ars/ 'to 4 t a ; «w'.tw a u uw vm xn Neronaw Haler*ertA,�t u zzwz p R" um :77 nm -ssm e aoa am am am °1c1, 'ius a a4; �. u e A _I«rr.r,r.//�� dles to No fla Pet',board g h- Q•a6 1r ,y,,i �/ 6,' '..h A, 'y� 9,29,p. 1 ..aiF! a I"�.N Ir/3 d•r-. qEE ,e /_ .4 i' 'I' `' }}� :s Lwr x , wren«'E `"i .. .=ma�._W - Y L • t—t /a' E..'I.rs , r h4. a nun .n v errs.lw,�.r.r,x,r a.4a w.."d:.nw w.m o, Y am oar Rm' :afar 1 yY `1 sw :, .. jai' - sly o.abota la.ef sofa Ten Lahr Saha.. — D%U�`"-am JAY I ' - .-� {a� „N SV,{ >: NW$r a'Ic W al a from IA.:",ii:' /Von>n f'"wrnpal a;:n m COP ar sw.�"„°.I.nd TalonEl, 0',`,.. • ,�. J-�2- r M y 7-r ,' Flxn w s-- -II y -"'T,- 1 i2,f _ .p-1 3 a z s .t. THOME s W SF+z ^n. I 1 m d a s R @ 12 $ �%9 x r / A tl ��aNN 6 E dons -�"X /'a,.N•E C N1 Ie r 80 r' E 1 � W fa t. s w.o�a;.,°e:ua :'e m: :a Phan', (a}s x {E1.s•. :av+r i m ar sate 9 4 eVRP '- �y^ aroma xa. a•feel"d(oz.."'d m u.,tm xn,awa`aw..w m p,mm ¢3 0o x mot' {Y""W f�r.1:1a� • _ 4 �^ a ry sold daa..,wad n xne e !Wing WorIN iOk NI vacs 3.1 \ ig 3m I&Q &4 3 8 6 9U {N fr 9'ea r. -Qg $ 3 s, rri m eba /O'V i2e..N, ne e..tmenl ='''YY T1� I �d �-/� Or ,r w e S ess or Y .a x en.,E I] ;a,x',r, s _'w ggfne' aSAey� ' 'M.. "l sNt !/ s rgm Mel .n.wY rJns.LL -ev1`oar ,1e.w a 1voR Y ,�a: F i I f0 Jr G 1nar JLaU F a/ On ,r n s� . d, 94 S n«� 34'/ 4• .w nrs wan.°1:•w rune can 11Oas of dinows z"'",,s en+,e .2.. ..4.1r11 0 8 My r♦ N ar 1 f , I ♦ w 35 g.. m .in°�i.ao.t -ass ,2.. tyxkm \y . x /) Yls P i e/ AO 1 .4, 1 , y. ,4 Nm 6 au sway r xs ven.,a r..v L-62.39. ' I•,au \ I *°� x.,ialS sow e ins' b .� ,, ♦'t tE ss i� q (/ ° re„,..„..,,,,.,,,,„...„,,,M.er-aknw.woo..w.w r,n Rood.atwa,r ®.6 43]5'6S E ,N +x W yva�wM lma .y m xir /q. ,�' ,Y Ca. i �F y 4N0 •w all a vx wow n, me,nan are a.k.' 9 9% .'Y�n °,,�,g h/ slf K. ,y a:fool?:5r.x.nn E7:,4 "Int:=12 I.on wnm .-ins-J l,r a__ i�*C 4:4,,� aim L - .1/ / / w' a �I'k/; • z' zm:i., •,.ratre.ea .,an Y a° �' // / / ' L .4x e- o PRELIMINARY PLAT a.�,a`::"..°'"' ,. _.A i) aa_x.oryo.amlka- `�� •-��"�" o1-tea: 1 \ l e'E.�w"$ OF ,n-w..ew«w. -e lf,f w s rovra•w ozlr n rye n•w Ir__ __®=w ri.4r w-f-sn.>, - _w ! __Q,.j)ll ELM (County Road 381) ROAD rl �1 _" � F r' 2 WILLIAM J. TURNER AI.T.F'N ATTERBE"N$ _.°, i,4 S7RA,& �JO, r i 000718E D. W. WILLIAM'i RVEY,�AB_+RACT-NcA--9,{Lf I' -000906E ry M 271E vane=NFOSTER CITY OF i ,/CONVCCIUIV6'Y,�S i ^^� ll�z►►�r AA. RECOMMEND FOR APPROVAL SCALE. 1'=100s - e s/oz a fs Fs f Li• - OWNER - LJ1 CHAIRMAN,PLANNING AND ZONING COMMISSION DATE S. C. .PARSONS I N C. CITY OF WYLIE 1831E I d.oda. - 0511.,}woe 1524E Solo. APPROVED FOR PREPARATIONAT �OF FINAL PL '/ sn-zso-zszs 1.Lots 1X-5X,Block J to be dedicated and maintained by the H.O.A. _�_ z. Denotes.rarer name change. / TIPTON ENG • • - J.No Sale by metes and bound. MAYOR DATE �� ENGNFDANC•fi 7oo4.lG,7643- CTTY OF 11YI18 G330 Broadway BIM.•Suite C Garland,Tuvs]5043•(9]2)226-2967 Ina VVYLIE CITY COUNCIL AGENDA ITEM NO. I . May 14, 2002 Issue Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Agriculture(A)with a Special Use Permit(SUP)for Governmental Installation,being a 10.009 acre tract of land located east of Country Club Road (FM 1378) and north of West Brown Street (FM 3412), and being situated in the Charles Atterbury Survey, Abstract No. 22, City of Wylie, Collin County, Texas, and being all of a tract conveyed to the Wylie Independent School District as recorded in County Clerk's File No. 2001-027918,Deed Records of Collin County, Texas. (Zoning Case No. 2002-02) Due to a recommendation of denial by the Planning and Zoning Commission,approval will require a 3/4 affirmative vote by the Council. Background The applicant is requesting a Special use Permit(SUP)for the subject property in order to allow a Governmental Installation (Wylie I.S.D. Transportation Center) to be developed within an Agricultural(A)District. The subject property totals approximately 10 acres in size, and has been previously occupied by a concrete batch plant. The Transportation Center structures and parking will occupy approximately the western half ofthe site. The remaining eastern portion of the site,currently occupied by unstable fill materials and the floodplain,will remain undeveloped. It is proposed to initially construct an office/maintenance shop building of 9,723 square feet and a bus wash shelter of 1,500 square feet. The office/shop building is anticipated to be expanded by an additional 10,000 square feet in the future. This major structure will be located to the center of the site, and parking for office/shop employees and bus drivers will be provided to the north side of the site and buses will be parked to the south side of the site. Screening will be provided on the west and north sides of the property where residential adjacency is more likely to occur. Properties to the north and east of the subject tract are undeveloped and zoned for Single Family-10 Residential uses, and a major floodplain corridor abuts the property to the east. The property to the south is zoned and developed for Neighborhood Services or commercial uses. Properties to the northwest across Country Club Road are zoned and developed for Single Family-10 Residential uses, and the property to the southwest across Country Club is zoned Agriculture and is undeveloped. The City of Wylie Fire Station is to the southwest across Country Club. Public Comment Forms were mailed to fourteen(14)property owners within 200 feet ofthis request. One Comment Form has been returned, opposed to the requested zoning,but from a property owner beyond the legal notification distance. Financial Considerations Zoning Application Fee—Paid Other Considerations 1. The Comprehensive Plan recommends that the subject property be developed as Country Residential land uses,with lots of one acre or larger. The proposed use is not consistent with this recommendation of the Comprehensive Plan. However,governmental facilities, such as school facilities,are generally considered to be appropriate within any land use category when development is controlled to be compatible with neighboring uses. 2. The Zoning Ordinance permits public schools within all districts, but allocates other public uses to those districts where they will be most compatible with similar private uses. Due to the character and impacts of the Transportation Center,it is defined as"other governmental installations",and is allowed within the Agricultural District with a Special Use Permit(SUP). The SUP provides additional review and the opportunity to impose special development conditions on certain uses when desired to better insure their compatibility with adjacent development. The SUP runs with the land and is transferable,just as is the base zoning. The proposed development satisfies the Base Standards as will as sufficient Desirable Requirements to achieve the required points, and it is believed that no additional conditions need be imposed. 3. The accompanying Site Plan provides a summary of the proposed ultimate development scheme,and this Plan shall be considered part ofthe development requirements for the subject property. This public facility is of such a specialized character that any alternative use which should desire to occupy the site and structures in the future will likewise be compatible with neighboring development. 4. On February 25,2002,the Zoning Board of Adjustment approved a variance ofthe required masonry exterior wall materials to allow metal to be used on the eastern end wall and above the garage door openings on the north and south sides. Board/Commission Recommendation At the April 16, 2002, Planning and Zoning Commission meeting, the Commission voted 4-0 to recommend denial of this zone change due to traffic safety issues and the need to ascertain the validity of contamination on the subject property. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Ordinance with Site Plan Location Map Notification List and Map (no responses) Prepared by Q4Ch4 ' City M ager proval� ORDINANCE NO. 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 2002-02, TO AGRICULTURE(A)DISTRICT CLASSIFICATION WITH A SPECIFIC USE PERMIT (SUP); 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 ofthe affected property,the governing body ofthe City is ofthe 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 ofthe City of Wylie,to give the hereinafter described property a new zoning classification of Agriculture (A) District Classification with a Specific Use Permit(SUP),said property being described in Exhibit"A"and Exhibit`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. Development shall conform to the Site Plan, attached hereto as Exhibit "B" 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 38 of the Zoning Ordinance,as the same now exists or is hereafter amended. 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 day of , 2002. By John Mondy,Mayor ATTEST: Barbara Salinas, City Secretary Exhibit"A" Property Description ZC#2002-02 BEING a tract of land situated in the Charles Atterbury Survey, Abstract No. 22, Collin County, Texas, and also being all of a 10.00 acre tract as conveyed to Wylie Independent School District recorded in County Clerks File No. 2001-027918,Collin County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod found for corner at the northwest corner of said 10.00 acres,said iron rod also being in the east Right-Of-Way line of F.M. No. 1378; THENCE, South 89 degrees 22 minutes 03 seconds East,a distance of 810.13 feet to a 5/8 inch iron rod found for corner; THENCE, South 00 degrees 30 minutes 44 seconds West,a distance of 538.98 feet to a'/2 inch iron rod found for corner; THENCE,North 89 degrees 14 minutes 21 seconds West,a distance of 810.10 feet to a'/2 inch iron rod found for corner in the east ROW line of said F.M. 1378; THENCE,North 00 degrees 26 minutes 48 seconds East, a distance of 251.69 feet to a 1/2 inch iron rod set for corner; THENCE,North 00 degrees 33 minutes 47 seconds East,a distance of 285.48 feet to the POINT OF BEGINNING and containing 435,971 square feet or 10.009 acres of land. 1 ....' i I II w..u:OmVv.« 11(10" �..��... L„. ..— - ilkr-r_ de OrT'lillOrgrlidgetirinfiwurva • i a.m. 1 1,m6 ,M, _ VD A W A MY w .a 108aiglinW iG �1 II, lill11fl::Na■ + /:tiltliIIH H I _may pnolwu . 4, i7 '� rtitft l l 74 .......... �` ..,......�..HL- ,..n_..I.IM Ytln,w..w.aYl, li �• f � r .0.0M.c(.1....]AI,1 MASI a.r..14 j / 4 a r- J •w r as a n. Iti1{�r��ta Ikk • / :PIN.,•....... 3 SAN. .....W, I f L. •' ,r A.. i1 3 01 A —. .e -.----�' / a— r 1; f .. 4 .. / n�.. 1;• . . ... y7,4 .. I .j :: _ w�I_Aso. I Cater rtilro 144111111111 1,ti Y I • •. 'L' 4` i yid.-tom,-� '— •ITC PLAN IWOMon Or MN • •r1117....: wr...) a,,._�. � M.1 —'— - WYLIE I.S.D. OWEN Sift a y+ ""r" TRANSPORTATION CENTER :..... r.. I I I LOT I. BLOCK A situated I1 the ~'e= MANI MI. rakR Vk ��•• ) •n• t CHARLES ATTO I Y SUM(Y• MIT. 22 • COLLIN COla1TY. TEXAS .f-----.►..•....-.— Qa9i I*►•.....•..1 OI../o.r,. .I(); I ., cm a...•sr..l It i �y�..r.w aww T •� 077 442-1.44 `.� tm� i1 I.� au1 a.or W , !i ` +1 2002 IN M..,.1.A..13 Mom..Term 70017 rry...0 On as-nuu Li Ma Aale. RUI.ENGINEA T{.¢ __ _ II-IN.Y►O...I.py.•�ii7.a - 1 v SubJect Property 1 11 1111 I - - :■ I - - I 1 West Brown street , LOCATION MAP ZONING CASE #2002-02 } NOTIFICATION REPORT APPLICAN1 RLK Engineering - Ronnie Klingbeil APPLICATION FILE #2002-02 111 West Main Allen, Texas 75013 i # 3LK/ABSTI LOT/TRACT J TAX I.D . # I PROPERTY OWNER NAME I ADDRESS 11 Applicant 111 West Main 1 RLK Engineering - Ronnie Klingbeil Allen, Texas 75013 402 Monroe Drive Presidential Estates lie, Texas 75098 2 Blk G Lot 1 R-2249-00G-0010-i Ronnie Kirk 404 Monroe Drive Presidential Estates Texas 75098 3 Blk G Lot 2 R-2249-00G-0020-1 Carlos SosaWylie,O Monroe Drive Presidential Estates lie, Texas 75098 4 Blk G Lot 3 R-2249-00G-0030-1 Rene Gonzales 408 Monroe Drive Presidential Estates Wylie, Texas 75098 5 Blk G Lot 4 R-2249-00G-0040-1 Bernard Gehring Kennedy Drive Presidential Estates 160 Texas 75098 6 Blk I Lot 8 R-2249-001-0080-1 Darin Reeves 61 Wylie,Kennedy Drive Presidential Estates Wylie,7 Blk I Lot 9 R-2249-001-0090-1 Otis Hume, Jr. 17519ylie Mui, Texas as 7 7d Drive 8 Abst. 22 Tract 1 R-6022-000-0010-i Birmingham Land, Ltd. Da9la1 ST xas 752d A87-7418 ve 9 Abst. 22 Tract 22 R-6022-000-0220-1 W.I.S.D. Wylie, Texas 75098 P.O. Box 446 10 Abst. 22 Tract 6 R-6022-000-0060-1 Novid Properties Josephine, Texas 75164-0446 6516 Osage Trail 11 Abst. 22 Tract 12 R-6022-000-0120-1 Edward Silva Plano,PTeOxaBs 75x60253-3208 12 Abst. 351 Tract 10 R-6351-000-0100-1 Jick Drain Wylie, Texas 75098 P.O. Box 832 13 Abst. 351 Tract 8 R-6351-000-0080-1 Gladys Swanson Wylie, Texas 75098 Collin County 210 S. McDonald Street 14 FM 1378 Commissioner's Court McKinney, Texas 75069 15 16 R- 22C1) -- Go& - oo/l fr rrc�. - , . 0 1 gonaie Kirk ci62 nisornrc 1 2 Carlos Soya. ofo¢ /110.1. 4:4- x 1. - .. ," 3 Rene 2a 1&- UDIa Monroe. I CO N a. f rncu-d C-eL1 r i w (lvs2 'fl e-v►roe > I`0 @ g Dare 2ee✓e4- /1003 nr f p a 61 O t7U311e X- ((od( k'c'1t4 24X 7 (11..4 — ,(r t )3rt'm,i ginaa►rt• ��_ Ltd l'i5 Mu ethPr- b o l°� Muir-� IS2"8 . i�1� o c 2F-&o22-000—bolo-r 50 _ 9 "(,) , Li_ 1 7 j 0 oir _ Xa? _.._..Ab,�•'J i J i a, 'aw,•—1-fr. to ro a X w J T{8 &( ct.Abi S CIA,cznSte' Tr Co, ; . Tr (2 :: : -v/._.._.._ E one JX cxz �oo2 -O2 1 �x VVTYLIE CITY COUNCIL AGENDA ITEM NO. a.. . May 14, 2002 Issue Consider and act upon a Preliminary Plat for the Wylie I.S.D. Transportation Center Addition,being a certain 10.009 acre tract of land situated in the Charles Atterbury Survey,Abstract No. 22, City of Wylie, Collin County, Texas, and being all of a tract conveyed to the Wylie Independent School District as recorded in County Clerk's File No. 2001-027918 Deed Records of Collin County,Texas. Due to a recommendation of denial by the Planning and Zoning Commission,approval will require a 3/4 affirmative vote by the Council. Background The Preliminary Plat under consideration is to accommodate the new bus maintenance and storage facility of the Wylie Independent School District. This new facility will relocate all W.I.S.D. transportation operations from the temporary location at the Jr. High School campus(and earlier from the vicinity of Birmingham Street and S.H. 78). The Plat will create a single lot of 10.009 acres. A request to change the zoning on the subject property from Agriculture(A)District to a Special Use Permit for Governmental Installation(A/SUP)is also on the current agenda for consideration. A Site Plan will be approved with that zoning. The applicant proposes initially to construct an office/maintenance shop building of 9,700 square feet, as well as a bus waching structure and parking for employees and buses. A future expansion of 10,000 square feet is planned to the maintenance building. These operations will occupy the western half of the property. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipality unless it is disapproved within that time period". Financial Considerations Preliminary Plat application fees—Paid Other Considerations The Preliminary Plat substantially conforms to the Site Plan approved as part of the rezoning, and complies with all applicable technical requirements of the City of Wylie. Board/Commission Recommendation At April 16, 2002, Planning and Zoning Commission meeting, the Commission voted 4-0 to recommend denial of this Preliminary Plat due to traffic safety issues and the need to ascertain the validity of contamination on the subject property. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat �'y"�' • Ott. l/ Prepared by Revi d by Finance City .age0'royal 1 I , :: S. PORT 6 9EGINNING fi�� _ R r " b • 'a s. S 8952'47 E E1043' '''T "5 Y"" 4""• i °.,"'°r } , _.o }' _ ti 7T"e5-1 �"sZ- > ""I". epostatter Map • 1 Ni14l�.s '11 ° s en.r r „ .m,2r (I,1/�+' BLOCK''. r n+ •C"1 ry" °,P":.` 50.009 ACRES. g a_ .'8 ,'• i,.1.1 .. g'. - _— _ ts'Kale.Eeeernent 'at.'''';. — °�{ f' � r .7n:,,e '�"ems' ' l\ ;, . j 4 «� d. N. . .,^ f 1 o \, P; rLL r 7�' ,r., per. • • i $ 8 • eot.Eaeet • :I WadO —• +"t -• x-.._ �f-' t : I` ro x NB .E10.10' e4 t•I NM Y RAT rot M K su wo 04.1 e SHEET 1 OF 2 IIIII'l PRELIMINARY PLA T- o , ' { ` ys WYLIE I.S.D. « n' TRANSPORTATION CENTER LOT 1, BLOCI per_------i situot 7'`I (h�/ fri Ij I S CHARLES ATTERBURT:SURVEY{. z ' COLLIN NTY XA CO a.,.a Naa BC '}°0' IIlG �•�. Enylner rum.,no,N01L WObI.Intlep•ntl•nl Sc0 o jl.trict RLK En ww.e�,..a o>. 15 sevKee.PONT.a Teas NlOnON/RAT F ones NC SPILLWAY at,(um nrrsrth 9N.0o 951 9olloxtl 91reet Y .el lA 8 DOOMS 6 A WW1.a an pep Z MO STATE LAWe.�,ro�l.a« SP 1 1 ay.(Wawa)LeF GiiSKE)-12811 Wylie, Tesoe 7509E when. Texe• 75013 \ POWS. 10"K K"M01D°eG°P '�"'G >. eo+na a �^»+I T•lephtxl•972 442-E9{{ Telephone 972 359-1733 ROWK,T E1tV.-124 33 SURVETtail OEOMMMN KM.ALL alp 07 TNESE PROMS: LE.OFSp1II1CN BONG a site.. M Oa..Yea,Sera.No.! IIMT.ai.le J. )l yet..•Rpi,lra pM.setaal b4 Su In Me Slat.w.wy IS.n.Caen Cant'a+a aMoo Ma .a am bola a a lam w nwNy avow.Mal I new wgw.a W.eat Irem aaRa - .-ground ief Me Iar.a 1 101a xlala MO SM.ON.mord.N County CNN.w. M:swaq ith as ad Rd. d /e Rba.una.my R«.ana gw.von as y.Tw..b airy mom ..o y a.wrNN y MaaavneiNn a a.Dlr a type. mete a0.wn4 el ea 5/0 inch von net ra.a fe.an.r a a.wu..a camp a Ica 10.00 wan.add May tad aw e.:y a Me.oa Rpm Of ae is lf.No. 370 aMpKE et'Ogres 22 mime.min Bl„caw EN a s a olo.. y 610.15 feet tea a 5/S anon Won rod Munn far MERLE Ruin 00 ages 30 Mouee a.monde vest a aaeae of 536.9e Nal toN a 1/2 W Mem found for tam THENCE North Se clear.lb mime.xl we.N' a a 0O l a M to f a t/2 Pen iw rodfend fee Pa Mo wens In sea1f.el Ostia J.SNlaul.. wet pee. 103 daaw 2e Monts,ae eecana EN a w10Na a le.MolSouryor No.ae10 Yf orol THENCE Nmp 00 x51 W 1M b et . d.iron rot la fa.cane MFNCE N.. 00 aotu.w N ndmtre a.qva,Eaol 1 ONJ. a '0.t.N foul b the POINT a BESgdlO end cmbdrda 405.971 own tout w Baw acne ara. BEFORE RE.va.a.m.a Natey Pa.N and for Nr,Stale of Tom.m MN stay xogn. De.J.Se0udan.Na. N.da.MN b fwgaia ineltonmet and aabe..Owd to me May nd mooted M.me...pew.vo and tor.lawa ono U..rdn amp... OWtlO1'S DEpGTgR: • NOW Mt ..rot.KNOW All YU T'NESE PRESENTS: GNP Wgflt WY NANO JNO STK a OM..Ws.r. May of • nra ay1N MO.penanl Sawn polio.earq y and MroughNay su.wllN anent Mr.Nola W. plot N.q.lny flee Fw.N et.q w vH Th peat' IE 1.5.0.TRANSTWIANON CENTER.m eONtim b M.CIM a vPP..Ca.Carey.Tw..w. 1M wa.nwb epee.w Porey n.wga for M.pea..Nee. nw NN b a0moq,erid firs end ew.rnwlb d p NMw 1.7 m•as end sacs '4 swage as nab. lT0 W pw.Kap u.. IN mist as,.pod, m •• Ind u.aly end , w ammonia r-aee.GT a W property ww w N...r C..rube otnew«.weir. Sba4w.wrn.elab w ,tma1N. aN a plead upon.yes w acre,. Yy C .Mien eel M.Nab a N. pink u1W9q uSra o a.Rp la.w von..noM1 W any Puck Malty Nod nos.for inNed wee as r and deep rerr..+e a e pal a ay Ma0dr0.Ies..,sea iuwe r a..imams.a sawn want in • 1M«ye•.reef.0a a e:Wart....Me ca.gaaan,m3Mere.n a nakkacy a Is won..y.un m _ pu.h WUION..wa a a MT.w hem M.WqR a key.as.�/r�aww to a NOT w lots Wet Nio n nto M v..aurpwe d m^aruaUM.rwaabucMa,ImpeaLq.NJ.Ir.B'a.mdWetnda as dada b e rowed,a w aa.a Re reeve..0.01e140 M es e Ma,al any e).pa.rda Me eta.peon..d ayme. (Jon I.ra9a u.v) new Ind Mad 7 1st...a ins as my.topwb prapwty Is Me w a r„4.metes as ay l.nt.aa a wok.naaN or aad.dy g3ernN SI lout aNy). 'R.caanmaN W apse..i War mom ai see.Noter000.0 a a a.e ware/ l orea a*ad r.M.„".Nm s.�a wme"'ewma Non.,Pm yen a.. aeaw.area vow N.Geo.as, Inn.Me mein b Ind..e.c ingrown. Nram.n,P.n.a ze.p Cernmwim dole 9nd m0 O.cro.m of ea aedMn wgnwN Is,ein son.dot a..m.ed by Mir Natl.w Cy a RNA bow M. T,eepet a awned ergs*toole ON S .ord ..w.need r.5 .m. mod..aa0 mod d Cy a Eye., Jaaa.N for Cenaram c ITNESS.my Mnd al Oda.Tavo..W.M. Oy a .x002. Iyar.fey d Wa,.Tone Tao AccglN JUMORIE0 N0Mfl Void•ply a eNa,To.. 0a. BEFORE K.tnd under..o Notary Pua1c in and odd County rot Seta m Ws T. ^q Twat ply Sentpy I 0 CRy I MOM.as,nael eta m y JJoP N Me w a a 1..uac.la tM ewpa a *Mad b go City Ceonca«0.1MSWdvetyAloN_m102 W Ue Cwne'I.pby Nmµa.en.1M wano•lod.b me Mat nd iaMN as pm.for Ind pwpww can.ewa n and Moue a g.Me eedcaNn eDr1oM-ef�gy.,ebak,.w a Wram and in ant upon.old plot and void can.1o1Fw aNei.N Ind mayo b m1.You CAIN UNDER Ny NANO MO SEN.OF OSICE tlr. 2002 ley acwolano.Mead y.gout'Ira nett..x Mn9raae.r4w.be1.' PR6JMNMY PUT opt RENEW IMPOSES ally Mtwa my Fond qN u.S.al AO..2002 Notary Poem In one a Oaa.County.lows. Cy S.vaary W Commie don Eton. GW a 5J9. SHEET 2 OF 2 PRELIMINARY PLAT SEW.A PORTION OF NS ADpn0N/PUT BY 11E1E5 Ado W Y L I E I.S.D. 0eau.00 IS R A RO10 11r a COT COON..MO STALE LAW Ma IS SUBJECT TO THE mama.a NafaES Mon BIM1vIC TRANSPORTATION CENTER LOT 1, BLOCK A situated In the CHARLES ATTERBURY SURVEY -d ABST. 22 COLLIN COUNTY, TEXAS fan.sqi Engineer Wylie Independent School Divtrict RLK Engineering 951 Bollard Street 111 West Wain Street Wylie. Terns 75099 Allen. Texas 75013 Telephone 972 442-5944 Telephone 972 359-1733 WYLIE CITY COUNCIL AGENDA ITEM NO. 3. May 14, 2002 Issue Consider and act upon a waiver of alleys,for a 17.597 acre undeveloped tract generally located north of Ann Drive and east of Westgate Way. Background Section 2.9 of the Paving Standards states that "Alleys shall be required in all residential areas, and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City". The subject tract is zoned for Single Family-8.5 residential uses. The applicant intends to develop a residential subdivision and contends that alleys are inappropriate due to the unique configuration of the subject tract which dictates construction of front-access garages,and is requesting that the alley requirement be waived. Financial Considerations N/A Other Considerations 1. The Meadows of Birmingham Addition,which abuts the tract on the west was approved without alleys. The subject tract abuts six lots of the Point North Addition on the east,two of which do not provide alleys. 2. The subject tract abuts the Ann Drive collector street corridor on the south,and is traversed by a major electric transmission corridor on its southeast corner which will be left as open space and park land access by street frontage. 3. The drainage and utility functions of alleys can be accommodated by other measures. Board/Commission Recommendation N/A Staff Recommendation Denial. No physical hardship which eliminates the feasibility of alleys has been demonstrated. Attachments Location Map, indicating surrounding development patterns Applicant's letter requesting waiver of alleys roveire Prepared by Re ' e by Fina e City Ma.1- Approval ! I ? r , 1 iiL.._.._.._.._.._.. i a. i Subject ! _.._.._ ! ! 1 L..._.._.._.._.._.. Properly i i i _ � T ! i iL.._.._.._.._.._.._..-.._.._.._.._..-.._. 1 I ,-..-1 1 1 1 1 1 / I 1 - I I I I I I I I i i i I i . -,-.M.,-=NiN.N-m oou-mI=mm.Mm-•.•- i ra....i...f-,„--.I ! i ..i,,'i 1 1 .._.._. 1 1 i i i !rs i 1 ; 1 i 1 • I I I 1 ill III -I iIIIIIIIi 1 I 1 1 L 1 i aan=• mv _.._.�_.._..�'.._.._.._.._.._ :IIIIII ran a ilium= iv MN MI -‘f 4‘ • — - - - ______ mom • A irlarm; Iv* (T. HR , . 0 /- ... , ...J..... -J 111 4l7----'___ r - - . wimpia-ri_ Is‘, ,. r5 de _ g,____ .4%:#10".., p`AN.:-:'i' 1V..,--... iii ei,,_ c_______ _._1 _t -..-..- ,Y :,f. IP . f`A/),A,>)iii'\.11111,411..4' : . '• 0 ,"\r" .. ..,.. ,‘.‘ • • \ e* rn , 1 -cl-r1- . ..,• . .• .,• .. \ 1 ► in1• 111111 F. i n 1 1 I , , eS rows ree LOCATION MAP Alley Waiver HELMBERGER ASSOCIATES, INC. CIVIL ENGINEERING CONSTRUCTION MANAGEMENT ENVIRONMENTAL ENGINEERING April 30, 2002 Mr. Claude Thompson, City Planner Development Services Department City of Wylie 2000 Highway 78 North Wylie,Texas 75098 RE: Alley Variance for Proposed Goff Homes Subdivision 17.597 Acre Tract Wylie,Texas Dear Mr.Thompson, Please find attached a proposed layout for a 17.597 acre subdivision in Wylie. The subdivision is proposed by Goff Homes. The current zoning on the property is SF8.5/1700 which requires lots to be a minimum of 8,500 square feet with rear access. Rear access requires alleys. Due to site constraints,namely the physical characteristics of the site,development with rear access is not possible on a large portion of the property. Mr.Goff requests an alley variance be issued by the City of Wylie so that the property can be developed. The attached layout shows 53 single family lots all meeting the 8,500 square foot minimum required. Please present this request to Council at your earliest convenience. Sincerely, HELMBERGER ASSOCIA - , • . Jo eph E. Helmbefger,P.". Vice President cc:Mr. Tommy Goff, • .o '•s `c —� lgoff.doc ,I j Iu u, 11 APR 3 0 2002 • 124 HOOPER ROAD • WYLIE,TEXAS 75098 • 972-442-7459 • FAX 972-442-1428 WYLIE CITY COUNCIL AGENDA ITEM NO. 1 May 14, 2002 Issue Consider and act upon the award of a contract for the Rustic Oaks Drainage Improvements to Craig Olden, Inc. in the amount of$485,771.75. Background Improvements to the Rustic Oaks channel from Brown St. to Fleming St. were included in the 1999 Bond, and included the installation of an underground storm drain system to carry low flow drainage and an open earthen-line channel above to provide additional capacity for large rainfall events. During the preliminary engineering phase it was determined that the easement width would not allow a 100-year rainfall event to be conveyed with these improvements. On September 13, 2001 the City held a public meeting to discuss options for the design of the drainage channel. The recommended section included a four-foot wide concrete channel in the center with concrete bag walls on each side. Four bids were received on February 13, 2002, with the low bid being submitted by Tri-Con Services, Inc in the amount of$478,276.00. The construction documents state, "The successful bidder must exhibit a minimum of two(2)comparable walls in place more than 2 years old to qualify for bid award." This project would be Tri-Con Services, Inc. first installation of a concrete bag wall. Craig Olden, Inc. submitted an alternate bid in the amount of $485,771.75 for the installation of stone gabion baskets in lieu of a concrete bag wall along the sides of the drainage channel, and Olden has an excellent experience record in gabion construction. Financial Considerations The 1999 Drainage Bonds included$450,000 for the Rustic Oaks improvements. Approximately $53,000 has been spent to date on the project for engineering fees. Additional monies will be applied to this project from the interest earned on the bond funds. Other Considerations The solicitation of competitive sealed bids was conducted in accordance with Chapter 252.021 of the Texas Local Government Code. Staff Recommendations Staff recommends that Council award a contract to Craig Olden, Inc. to provide all equipment, labor and materials for the construction of the Rustic Oaks drainage improvements. Attachments Bid Summary Recommendation Letter from Binkley&Barfield, Inc. • epared by Revie by mane City Mana proval SiBinkley & Barfield, Inc., Consulting Engineers 10830 N. Central Expressway, Suite 230 ❑ Dallas, Texas 75231 (214) 369-3610 Fax (214) 369-3608 March 15, 2002 Mr. Chris Hoisted, P.E. City of Wylie 2000 Highway 78 Wylie, TX 75098 RE: Rustic Oaks Drainage Project Dear Mr. Hoisted: The City received four bids for the Rustic Oaks Drainage Project. Tri-Con Services $478,276.00 concrete bag wall Craig Olden, Inc. $485,771.75 stone gabion wall Craig Olden, Inc. $546,750.50 concrete bag wall North Texas Bridge $573,102.00 concrete bag wall The bid documents specified that the contractor shall have constructed at least two similar projects to qualify for the contract award. Tri-Con Services, who has successfully completed several projects for the City in the past, has not previously constructed a concrete bag wall. Therefore, I cannot recommend the award of a contract of this magnitude to a contractor who has no previous experience in this type of construction. The next low bidder, Craig Olden, Inc., submitted an alternate bid for use of stone gabion baskets. Craig Olden, Inc. has an excellent reputation and experience record in gabion construction in creeks. Based on their lowest qualified bid of$485,771.75, it is recommended that the bid be awarded to Craig Olden, Inc. If you have any questions please call me at 214-369-3610. Sincerely, Binkley& Barfield, Inc. Consulting Engineers Of,,':Xel-- Fred Balster, P.E. Vice President FRB/jc Disk File Name:C:Data\93800\CHtmsmtl BBI File#:27000 BBI Job#:93800 Houston Dallas Austin 0) Binkley & Barfield, Inc., Consulting Engineers 10830 N. Central Expressway, Suite 230 ❑ Dallas, Texas 75231 (214) 369-3610 Fax (214) 369-3608 March 1, 2002 Mr. Chris Hoisted City of Wylie 2000 Highway 78 North Wylie, TX 75098 Re: Rustic Oaks Drainage Project Bid Tabulation Dear Mr. Hoisted: Enclosed is the bid tabulation for the Rustic Oaks Drainage Project, which bid February 28, 2002. The low bidder, with a total bid amount for the project of$478,276.00, is Tri- Con Services, Inc. In accordance with general note 15 on plan sheet S6, our office will contact the low bidder to set up a time to inspect similar concrete bag wall projects Tri- Con Services, Inc. has constructed. We will contact you and provide you with our recommendations after our inspection. Upon review of the bids, we have determined that the quantity for bid item 15, "Trim & Remove Existing Pipe/Box Culvert", should be 4 instead of one. This results in an additional $3,000 based on Tri-Con Services unit price. If you require additional information or have any questions, please feel free to call me at 214-369-3610. Sincerely, Binkley & Barfield, Inc. Consulting Engineers . e.,,,ele Fred Balster, P.E. Vice President FRB/ra Disk File Name:C:Data\93000\bid_tab_Itr.doc BBI File#:93800 BBI Job#:27000 Houston Dallas Austin Binkley Barfield, Inc. 3/1/2002 Page 1 of 2 City of Wylie, Texas Rustic Oaks Drainage Project Bid Tabulations Bid Opening: 02/28/02 2:00pm Item Engineer's Estimate Tri-Con Services, Inc. Craig Olden, Inc. (Alt.) Num Description Quantity Units Unit Price Total Amount Unit Price Total Amount Unit Price Total Amount 1 UNCLASSIFIED CHANNEL EXCAVATION 1 LS $30,000.00 $30,000.00 $95,000.00 $95,000.00 $75,000.00 $75,000.00 2 REMOVE EXISTING WINGWALL 4 EA $500.00 $2,000.00 $1,000.00 $4,000.00 $200.00 $800.00 3 TRIM EXISTING CONCRETE HEADWALL 3 EA $500.00 $1,500.00 $500.00 $1,500.00 $200.00 $600.00 4 SAWCUT EXISTING PAVEMENT 188 LF $3.00 $564.00 $3.00 $564.00 $10.00 $1,880.00 5 CONSTRUCT CONCRETE PILOT CHANNEL W/6"CURBS 1290 SY $40.00 $51,600.00 $75.00 $96,750.00 $69.00 $89,010.00 6 CONSTRUCT CONCRETE BAGWALL 16261 SF $16.00 $260,176.00 $12.00 $195,132.00 $14.75 $239,849.75 7 CONSTRUCT 6"CONCRETE PAVEMENT W/6"CURBS 716 SY $40.00 $28,640.00 $55.00 $39,380.00 $58.00 $41,528.00 8 CONSTRUCT 4"CONCRETE SIDEWALK 168 SF $3.25 $546.00 $6.00 $1,008.00 $4.50 $756.00 9 DOWELED PAVEMENT JOINT 185 LF $4.00 $740.00 $5.00 $925.00 $3.80 $703.00 10 CONSTRUCT MOUNTABLE CURB 100 LF $11.00 $1,100.00 $6.00 $600.00 $3.65 $365.00 11 UNI-GREEN PAVERS 256 SF $10.00 $2,560.00 $8.00 $2,048.00 $5.00 $1,280.00 12 CONSTRUCT 4' DROP INLET 2 EA $1,800.00 $3,600.00 $2,000.00 $4,000.00 $1,830.00 $3,660.00 13 CONSTRUCT 4'CURB INLET 2 EA $1,800.00 $3,600.00 $1,500.00 $3,000.00 $1,980.00 $3,960.00 14 CONSTRUCT 4'CURB INLET(SPECIAL) 1 EA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,185.00 $2,185.00 15 TRIM&REMOVE EXISTING PIPE/BOX CULVERT 1 EA $500.00 $500.00 $1,000.00 $1,000.00 $200.00 $200.00 16 REMOVE HEADWALL, SMALL 3 EA $500.00 $1,500.00 $500.00 $1,500.00 $100.00 $300.00 17 TRIM, REPAIR, &PAINT EXIST. METAL PIPE RAILING 5 EA $500.00 $2,500.00 $500.00 $2,500.00 $400.00 $2,000.00 18 CONNECT RESIDENT. DRAIN PIPES TO BAGWALL TOE 8 EA $250.00 $2,000.00 $400.00 $3,200.00 $30.00 $240.00 19 FURNISH &INSTALL 18" RCP 149 LF $30.00 $4,470.00 $60.00 $8,940.00 $40.00 $5,960.00 20 FURNISH&INSTALL 24" RCP 26 LF $50.00 $1,300.00 $75.00 $1,950.00 $50.00 $1,300.00 21 FURNISH& INSTALL 33" RCP 4 LF $80.00 $320.00 $100.00 $400.00 $100.00 $400.00 22 TRAFFIC SIGN (W8-15) 6 EA $400.00 $2,400.00 $400.00 $2,400.00 $200.00 $1,200.00 23 REMOVABLE BOLLARD 6 EA $500.00 $3,000.00 $300.00 $1,800.00 $200.00 $1,200.00 24 EROSION CONTROL 1 LS $1,500.00 $1,500.00 $4,000.00 $4,000.00 $4,000.00 $4,000.00 25 HYDROMULCH SEEDING 2 AC $2,000.00 $4,000.00 $2,000.00 $4,000.00 $3,000.00 $6,000.00 26 TRENCH SAFETY DESIGN 1 LS $1,000.00 $1,000.00 $500.00 $500.00 $500.00 $500.00 27 TRENCH SAFETY 179 LF $1.00 $179.00 $1.00 $179.00 $5.00 $895.00 Total $413,295.00 $478,276.00 $485,771.75 14f4.cf 0rectxar ... Binkley Barfield, Inc. 3/1/2002 Page 2 of 2 f City of Wylie, Texas f Rustic Oaks Drainage Project Bid Tabulations Bid Opening: 02/28/02 2:00pm Item Craig Olden, Inc. North Texas Bridge Num Description Quantity Units Unit Price Total Amount Unit Price Total Amount 1 UNCLASSIFIED CHANNEL EXCAVATION 1 LS $75,000.00 $75,000.00 $133,000.00 $133,000.00 2 REMOVE EXISTING WINGWALL 4 EA $200.00 $800.00 $2,000.00 $8,000.00 3 TRIM EXISTING CONCRETE HEADWALL 3 EA $200.00 $600.00 $2,000.00 $6,000.00 4 SAWCUT EXISTING PAVEMENT 188 LF $10.00 $1,880.00 $8.00 $1,504.00 5 CONSTRUCT CONCRETE PILOT CHANNEL W/6"CURBS 1290 SY $69.00 $89,010.00 $60.00 $77,400.00 6 CONSTRUCT CONCRETE BAGWALL 16261 SF $18.50 $300,828.50 $14.00 $227,654.00 7 CONSTRUCT 6"CONCRETE PAVEMENT W/6"CURBS 716 SY $58.00 $41,528.00 $65.00 $46,540.00 8 CONSTRUCT 4"CONCRETE SIDEWALK 168 SF $4.50 $756.00 $10.00 $1,680.00 9 DOWELED PAVEMENT JOINT 185 LF $3.80 $703.00 $12.00 $2,220.00 10 CONSTRUCT MOUNTABLE CURB 100 LF $3.65 $365.00 $8.00 $800.00 11 UNI-GREEN PAVERS 256 SF $5.00 $1,280.00 $12.00 $3,072.00 12 CONSTRUCT 4' DROP INLET 2 EA $1,830.00 $3,660.00 $2,000.00 $4,000.00 13 CONSTRUCT 4'CURB INLET 2 EA $1,980.00 $3,960.00 $2,000.00 $4,000.00 14 CONSTRUCT 4'CURB INLET(SPECIAL) 1 EA $2,185.00 $2,185.00 $3,000.00 $3,000.00 15 TRIM& REMOVE EXISTING PIPE/BOX CULVERT 1 EA $200.00 $200.00 $1,000.00 $1,000.00 16 REMOVE HEADWALL, SMALL 3 EA $100.00 $300.00 $1,000.00 $3,000.00 17 TRIM, REPAIR, &PAINT EXIST. METAL PIPE RAILING 5 EA $400.00 $2,000.00 $1,000.00 $5,000.00 18 CONNECT RESIDENT. DRAIN PIPES TO BAGWALL TOE 8 EA $30.00 $240.00 $500.00 $4,000.00 19 FURNISH& INSTALL 18" RCP 149 LF $40.00 $5,960.00 $80.00 $11,920.00 20 FURNISH& INSTALL 24" RCP 26 LF $50.00 $1,300.00 $100.00 $2,600.00 21 FURNISH&INSTALL 33"RCP 4 LF $100.00 $400.00 $120.00 $480.00 22 TRAFFIC SIGN (W8-15) 6 EA $200.00 $1,200.00 $500.00 $3,000.00 23 REMOVABLE BOLLARD 6 EA $200.00 $1,200.00 $800.00 $4,800.00 24 EROSION CONTROL 1 LS $4,000.00 $4,000.00 $12,000.00 $12,000.00 25 HYDROMULCH SEEDING 2 AC $3,000.00 $6,000.00 $2,000.00 $4,000.00 26 TRENCH SAFETY DESIGN 1 LS $500.00 $500.00 $1,000.00 $1,000.00 27 TRENCH SAFETY 179 LF $5.00 $895.00 $8.00 $1,432.00 Total 546 750;880 $573,102.00 btd corrcf<cn:..: -` • .'imat'Y Ms 4 et n to• WYLIE CITY COUNCIL AGENDA ITEM NO. rj . May 14, 2002 Issue Consider and act upon approval of the City's participation in the North Central Texas Council of Governments Regional Emergency Management Planning Council including the payment of assigned fees and the nomination of an elected official to serve on the Planning Council and staff member to serve on the Planning Council's Technical Committee. Background In February the Council of Governments hosted an Emergency Preparedness Conference which dealt with threats of bioterrorism. As a result of the conference, several elected officials requested the development of a program which would facilitate the coordination and integration of the various emergency preparedness plans of the members as well as state and federal agencies,hospitals and other private sector entities in order to better respond to a large scale catastrophic event or natural and human caused emergency situations. In response, the Executive Board has authorized the creation of a Regional Emergency Management Planning Council. Each participating city may nominate an elected official to be considered for a seat on the Council. Each population bracket will be assured one seat on the Council. A Technical Committee will be established to assist the Council with its duties and responsibilities. This committee will consist of professional staff of the groups involved in emergency management planning. Cities are strongly encouraged to designate a staff member to serve on this committee. The Council of Governments currently plans to employ two professional staff members to administer the program as well as utilizing the interns from the University of North Texas' School of Emergency Management. Financial Considerations In order to implement this program, the Council of Governments is asking for financial assistance by assigning fees ranging from$2,000 to$12,000,based on population. The city's assigned fee is$3,000. The entire payment is not due until October of 2002. However,in order to expedite the implementation of the program, the Council of Governments is requesting that participating cities pay one-half of the assigned fee before May 31, 2002. Other Considerations Article 2, Section C ofthe City Charter,allows the cooperation with other agencies for the advancement of the interests, safety, convenience and welfare of its inhabitants. Board/Commission Recommendation N/A Staff Recommendation N/A Attachments Correspondence from North Texas Council of Governments Invoice Regional Emergency Management Planning Council Response Form NCTCOG Emergency Preparedness Planning Council Population Brackets G•o Prepared by Review by Finance City Manager Ap v North Central Texas Council Of Governments TO: City Managers DATE: May 1, 2002 FROM: Mike Eastland Executive Director SUBJECT: Regional Emergency Management Planning Council The Council of Governments hosted an Emergency Preparedness Conference in February which primarily dealt with the threats of bioterrorism. At the conclusion of the conference, several elected officials requested us to develop a program which would facilitate the coordination and integration of the various emergency preparedness plans of our membership and to include other stakeholders such as state and federal agencies, hospitals, and other private sector entities. By having a more integrated and coordinated emergency planning process, it is believed that the region could do a better job of responding to a large scale, catastrophic event and that it would also strengthen response capabilities to other natural and human caused emergency situations. In response to this request, our Executive Board authorized the creation of a Regional Emergency Management Planning Council at its Board meeting on April 25th(Attachment 1). As I have discussed with you previously,the Council's membership will be elected officials from participating cities and counties. Cities are to be grouped into population brackets in accordance with our just released 2002 population estimates. Each participating city may nominate an elected official to be considered for a seat on the Council. Each population bracket will be assured a minimum of one seat on the Council. Population brackets with one to five participating cities will be assigned 1 seat, brackets with six to eleven cities will be assigned 2 seats, brackets with twelve or more cities will be assigned 3 seats. A technical committee(s)will be established to assist the Council in carrying out its duties and responsibilities. This committee(s)will be composed of professional staff of the various stakeholder groups involved in emergency management planning. We encourage each city to designate a staff member to serve on this committee. We plan to employ two professional staff members to administer this program. One will be the manager/director of this program and the other will be an administrative assistant who will assist with analytical tasks and report writing. We also plan to utilize interns from the University of North Texas' School of Emergency Management. Also as mentioned to you previously,we will have to have financial assistance from our cities and counties to offset the cost of this program. To accomplish this, we have assigned a fee for each participating city that ranges from $2,000 to $12,000 per year depending upon which population range a city fits (Attachment 2). The full fee is not due until October 2002. We will invoice you for this amount at that time. However, there is a need to get this program initiated as quickly as possible and I am requesting that you pay one-half of your assigned fee by May 31st for this purpose. An invoice for this amount is enclosed. I appreciate your support of this program and look forward to working with you in making it a success and therefore of benefit to you. Let me know if you have any questions. ME:Ir Attachments 616 Six Flags Drive,Centerpoint Two P.O.Box 5888,Arlington,Texas 76005-5888 (817)640-3300 FAX:817-640-7806 ®recycled paper http://www.dfwinfo.com NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS P.O. BOX 5888 ARLINGTON, TEXAS 76005-5888 GLOC850 BILL TO: INVOICE NUMBER: 43825 CITY OF WYLIE INVOICE DATE: 05/01/2002 2000 HIGHWAY 78 NORTH DUE DATE: 06/01/2002 WYLIE, TX 75098 PO Number Terms Project Code Net 30 850.02.0.90.9500 Description Total Amount Due Participation in NCTCOG $1,500.00 Regional Emergency Planning Program Period Ending September 30, 2002 MAKE CHECK PAYABLE TO: NCTCOG mail to: NCTCOG ATTN: ACCOUNTS RECEIVABLE P.O. BOX 5888 ARLINGTON, TX 76005-5888 For inquiries contact Administration at(817)695-9130. Please remit yellow copy of invoice with payment and reference invoice number on check stub. If your agency is tax exempt, please fax your exemption certificate to (817)640-7806 Attn: Accounts Receivable. REGIONAL EMERGENCY MANAGEMENT PLANNING COUNCIL RESPONSE FORM The City of will participate in the North Central Texas Council of Governments Regional Emergency Management Planning Program and agrees to pay its assigned fee to offset the cost of administering the program. is the elected official nominated to serve on the Planning Council. is the staff person designated to serve on the Planning Council's technical committee(s). Authorized Signature ATTACHMENT 1 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS EMERGENCY PREPAREDNESS PLANNING COUNCIL Primary Responsibility of the Council The Emergency Preparedness Planning Council serves in an advisory role to the NCTCOG Executive Board. The Council has responsibility for providing policy direction and oversight functions to the development and maintenance of a coordinated and integrated regional approach to emergency management planning and response systems. The Council may also make recommendations as to how the region can most efficiently and effectively utilize state and/or federal financial assistance made available for emergency and disaster planning, mitigation, and recovery. The Council specifically devotes its attention to the following functions: 1. Coordinating/integrating the preparedness plans of the various regional stakeholders. 2. Providing advocacy for legal, regulatory, and legislative actions needed to ensure the most effective response to a major incident/disaster. 3. Providing assistance in assuring interagency communication capabilities. 4. Providing assistance in assuring training opportunities for the various regional stakeholders. 5. Coordinating/conducting planning and response exercises on a regional/subregional scale. 6. Assisting in the development and implementation of an infrastructure for gathering and distributing medical/public health information among appropriate stakeholders. 7. Assisting in the development and maintenance of a list of key stakeholder contacts with telephone numbers. 8. Assisting in the development and maintenance of an inventory of private companies with the capabilities to assist with response/restoration functions. 9. Creating and maintaining GIS maps containing emergency preparedness and response data and other pertinent information. 10. Assisting with the establishment of a central center(s) to support an incident command structure and to help assure consistent and timely public information. 11.Assisting in securing grant assistance for emergency preparedness planning, equipment, personnel, and training requirements identified by the stakeholders. 12.Assisting in determining the most feasible and effective placement of special tactical resources to assure the best response possible to a major disaster/incident. Recommendations of the Council The recommendations of the Council are accepted by the Executive Board through a simple majority vote. A two-thirds (2/3) majority vote by the Executive Board is required to reject a recommendation of the Council. Planning Area The initial efforts of the Council are to be concentrated in Dallas, Tan-ant, Collin, and Denton Counties but may be expanded in the future to include other NCTCOG counties. ATTACHMENT 2 CITY POPULATION BRACKETS ANNUAL FEE 5,000- 14,999 $2,000 15,000-29,999 $3,000 30,000-49,999 $4,000 50,000-79,999 $5,000 80,000- 119,999 $6,000 120,000- 169,999 $7,000 170,000-249,999 $8,000 250,000-399,999 $9,000 400,000-749,999 $10,500 750,000 + $12,000 COUNTIES ANNUAL FEE Dallas $12,500 Tarrant $12,500 Collin $7,500 Denton $7,500 NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS P.O. BOX 5888 ARLINGTON, TEXAS 76005-5888 GLOC850 BILL TO: INVOICE NUMBER: 43825 CITY OF WYLIE INVOICE DATE: 05/01/2002 2000 HIGHWAY 78 NORTH DUE DATE: 06/01/2002 WYLIE, TX 75098 PO Number Terms Project Code Net 30 850.02.0.90.9500 Description Total Amount Due Participation in NCTCOG $1,500.00 Regional Emergency Planning Program Period Ending September 30,2002 MAKE CHECK PAYABLE TO: NCTCOG mail to: NCTCOG ATTN: ACCOUNTS RECEIVABLE P.O. BOX 5888 ARLINGTON, TX 76005-5888 • For inquiries contact Administration at(817)695-9130. Please remit yellow copy of invoice with payment and reference invoice number on check stub. If your agency is tax exempt, please fax your exemption certificate to (817)640-7806 Attn: Accounts Receivable. WYLIE CITY COUNCIL AGENDA ITEM NO. , May 14, 2002 Issue Consider and act upon an Agreement with B&D Land, Centex Homes, Ryland Homes and Zena Land Development. Background With the adoption of the new Zoning Ordinance and Zoning Map, the issue of vested rights has been discussed with several developers. If the property was platted prior to the adoption of the ordinance, certain property rights were established so that the property could develop under the codes that were in effect at the time of platting. State Law prohibits cities from enforcing new codes on property owners which affect factors such as density, lot size, setback and lot coverage. A more specific determination of vested rights has been established through recent court cases. In a very recent case in the Dallas area, the builder was able to successfully argue that a new, more restrictive requirement for masonry affected the house size and therefor the lot coverage. In light of the precedent set with several recent court cases, staff has been negotiating with builders and developers as to which portions of the new Code can be applied to those subdivisions with plat approval. Because the recent rulings have gone against cities, the regulations that can be applied to these subdivisions are fairly limited. The Texas Builders Association has acted as an intermediary on behalf of the four developers. Each has agreed to the same set of conditions, so that there will be consistency in the application of the new codes. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the Settlement Agreement. Attachments Sample Settlement Agreement li t' Prepare Revi ed by Finance City Man proval DRAFT 5/6/02 JOINT SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS This Joint Settlement Agreement and Mutual Release of all Claims ("Agreement") is made and executed this day of , 2002, by and between (1) The City of Wylie, Texas ("City"), and (2) Centex Homes, a Nevada general partnership ("Centex"), in consideration of the mutual promises and covenants contained herein. WHEREAS, City and Centex have had disputes regarding the building of houses on land owned by Centex in the City and desire to resolve and amicably compromise the disputes between them and desire to settle and compromise any claims that one may have against the other that could have been asserted in a lawsuit; NOW, THEREFORE, in consideration of the mutual promises and agreements contained in this Agreement, and for such other good and valuable consideration, including the recitals set forth herein above, the adequacy of which consideration is hereby acknowledged and confessed, Centex and the City (collectively referred to as the "Parties") agree as follows: 1. Centex agrees that the development of the approximately 202.4 acre tract located at FM 1378 and Brown Road in the City, platted as Birmingham Farms, Phases 2A, 2B, 3A and 3B ("Birmingham"), the approximately 113.2 acre tract located at Old Highway 78 and Highway 78 in the City, platted as Cimarron Phases I and II ("Cimarron"), and the approximately 56.5 acre tract located immediately north of Birmingham Farms on FM 1378 in the City, platted as Quail Meadow Subdivision ("Quail Meadow") will be developed pursuant to the standards set forth in this Agreement, subject to any zoning amendments and variances that might be granted on Centex's behalf in the future. 2. Centex and Wylie agree that none of the provisions of the Wylie Zoning Ordinance Residential District Provisions adopted July 25, 2000, as amended ("Residential District Provisions"), shall apply to permit applications for Quail Meadow. 3. City and Centex agree that § 3.4 of the Residential District Provisions shall not apply to permit applications for Birmingham or Cimarron except for the following: (a) Metal chimney flues for fireplace chimneys are to be within a chimney enclosure. The enclosure may be Hardiplank or similar cementitious material. (b) All single family residential units shall have a minimum roof pitch of 6:12. (c) All single family residential units shall have architectural grade overlap asphalt shingles, concrete or clay roofing tiles, standing seam metal roofing, or slate roofing shingles. 4. In addition to the foregoing, City and Centex agree that each residential lot in Birmingham and Cimarron shall be developed with the following: (a) One(1) minimum 11/2" caliper tree shall be planted in the front yard. (b) An all-brick mailbox shall be installed in the front yard, except where the U.S. Postal Service requires a different type of mailbox. (c) A cast-stone or similar type address plate with minimum three (3) inch numerals or letters and of contrasting color shall be installed on the front of each single- family residential dwelling unit. (d) Vinyl shall not be used on the exterior façade of a single-family residential dwelling unit, excluding windows, doors and other fenestration. 5. Centex acknowledges and agrees that it will be subject to all applicable rules, regulations, practices and ordinances of the City except to the extent expressly provided in this Agreement, and that nothing in this Agreement is intended to constitute a waiver of any City rules, regulations, practices or ordinances regarding Centex, to the extent expressly provided in this Agreement. Should any standard in the Residential District Provisions be deleted or amended to Centex's benefit, then Centex shall not be required to comply with the deleted or amended standard. 6. It is the intention of Centex to acknowledge the satisfaction in full of all injuries and damages of any nature whatsoever that have occurred to it arising from the acts and omissions of the City, as well as all other agents, officials and employees of the City, relating to the application of the Residential District Provisions to Birmingham, Cimarron or Quail Meadow. 7. The Parties, on behalf of themselves, their successors and assigns, hereby fully and forever release, acquit and discharge each other, together with any and all persons, firms, corporations, affiliates and subsidiaries of the Parties, who are or may be liable in whole or in part for any and all claims, demands, judgments damages, expenses, attorney's fees, actions and causes of action that Centex now has or may have arising out of, or in connection with, the alleged acts or omissions of the City, its officials, agents and boards, related to claims made, or which could have been made, regarding the Residential District Provisions. 8. It is understood and agreed that this Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements or undertakings between the Parties. No oral understandings, statements or promises or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. 9. It is understood that this is a compromise of doubtful and disputed claims, and nothing contained herein shall be construed as an admission of liability by or on behalf of any party hereto, all such liability being expressly denied. 10. It is understood and agreed that this Agreement shall be governed by, construed and enforced in accordance with, and subject to, the laws of the State of Texas. Any action to construe or enforce this Agreement shall be brought in Collin County, Texas. 11. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. Each party represents that the party has carefully read this instrument and is completely aware, not only of its contents, but also of its legal effect; that by executing this instrument they have fully understood that it is a full compromise and settlement agreement between the parties, accepting the covenants, representations and warranties contained herein; that the same is executed without reliance on any statements, promises and representations by the undersigned hereby released or by anyone whomsoever acting for them or in their behalf. This instrument contains the entire agreement between the Parties and the terms of this instrument are contractual and not merely recitals, and the undersigned, and each of them, specifically represent that they know the contents and the effect and execute the same of their own free will and as their own free act. 12. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 13. The undersigned hereby acknowledges that each of them has read this Agreement before signing it and fully understands it. Each of the individuals signing this Agreement on behalf of Centex and the City represent and warrant that they have the authority to execute this Agreement and to bind the entities on whose behalf they are signing to the terms and provisions hereof. Specifically, the Wylie City Council has approved the terms of this Agreement by Council action taken on , 2002 and has authorized the City Manager to execute this Agreement. EXECUTED this day of , 2002. CENTEX HOMES, a Nevada general partnership By: CENTEX REAL ESTATE CORPORATION, a Nevada general corporation By: Name: Title: Date Signed: STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 2002. Notary Public in and for the State of Texas APPROVED AS TO FORM Arthur J. Anderson Attorney for Centex Homes, a Nevada general partnership CITY OF WYLIE, TEXAS By: Name: Title: Date Signed: STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned notary public in and for said county and state, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this day of , 2002. Notary Public in and for the State of Texas APPROVED AS TO FORM Richard Abernathy Attorney for City of Wylie, Texas DALLAS_1\3635176\7 20203-39-05/06/2002