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07-12-2005 (City Council) Agenda Packet
NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA July 12, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL TO ORDER j V OcATION DG OF AI ' EGiA c PROcLA TIONS AND P. I S rT TION • Presentation to Outgoing 2004-2005 Boards and Commission Members OATS:OF OFFICE: • Administer Oath of Office to newly appointed and reappointed Board and Commission members. CITI N PAR J i riPATION . . CO NT AGENDA All matters*tedunder the ns t Amanda considered to be routine by the Cat)Council and wilt be enacted by cute Consent Agenda and will be considered epa tely:: A. Approval of the Minutes from the regular City Council Meeting of June 28, 2005 and Special Called Work Sessions of June 30, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon approval of a Replat for Wylie Hibernia Addition, generally located east of State Highway 78 and north of W. Kirby Street. (C. Thompson,Planning and Zoning Director) C. Consider and act upon awarding a contract, in the amount of $43,720.00, to Jim Bowman Construction for drainage improvements at Olde City Park. (M. Sferra,Public Services Director) D. Consider and act upon a request from the Tiara Totin Tootsies to sell tickets to a "Red Hat Society Chapter," event to be held at the Bart Peddicord Community Center on August 27, 2005. (R. Diaz, Asst Superintendent,Parks and Recreation) II D D L CO SIDE tATIO t PUBLIC HEARING 1. Hold a public hearing and act upon Ordinance No. 2005-30 approving a change in zoning from Agriculture (A) District to Planned Development (PD) District for Single-Family Residential uses, subject property being generally located in the southeast corner of Brown Road and Kreymer Lane. Zoning Case 2005-05—Kreymer Tract. (C. Thompson,Planning and Zoning Director) Executive Summary The Comprehensive Plan recommends that the entire tract be developed as one acre lots. The requested smaller lots and residential density does not comply with this recommendation of the Comprehensive Plan. Planned Development zoning is not justified, as the PD offers no innovations in planning and design and the property exhibits no constraints to standard development practices, and it has not been demonstrated why development cannot be accomplished through the standard zoning district. Because the responses in opposition represent more than twenty percent (20%) of the total land w/in the legal notification area,a three-fourths(3/4, six members)majority vote for Council is required for approval. INDIVIDUAL CONSIDERATION 2. Consider and act upon approval of Resolution No. 2005-22(R) approving an amendment to the City's Thoroughfare Plan setting the alignment for Alanis Drive. (C.Holsted City Engineer) Executive Summary The City's Thoroughfare Plan shows two major east-west roadways located south of Stone Road. Staff recommends these roadways be combined into one thoroughfare, which will connect to Alanis Drive in the Twin Lakes Subdivision. Three alignment options were presented to Council on June 30, 2005. Option 1 extends east across the Hood tract to FM 544, Option 2 extends east across the Hood and Rice tracts to FM 544, and Option 3 extends east across the Hood and Rice tracts to FM 544 generally at the Bozman Road intersection. 3. Consider and act upon approval of Ordinance No. 2005-31 abandoning the alley rights-of-way within Block 32 of the Railroad Addition, generally located in the southeast corner of State Highway 78 and South Ballard Avenue, and authorizing the City Manager to negotiate the sale of said rights-of-way to abutting property owners in accordance with State Law. (C. Thompson, Planning and Zoning Director) Executive Summary The subject property was created by platting of the Railroad Addition,one of the oldest subdivisions within Wylie. Block 32 of the Railroad Addition is located in the southeast corner of State Highway 78 and South Ballard Avenue,and is bounded on the east by First Street and the south by Butler Street. The block is dissected by two unimproved alley rights-of-way. One runs approximately 300 feet in a north-south direction parallel to Ballard Avenue and First Street, and the other runs east- west approximately 215 feet across the northern portion of the Block. The alleys are not required for public functions (if existing utilities are placed within easements),and the coordinated redevelopment of the block could encourage investment in the area and serve as an entry feature to the Downtown Historic District. 4. Consider and act upon authorizing the Mayor to execute a Change Order, in the amount of $307,220.65, to Site Concrete, Inc. for the construction of turn lanes and a traffic signal at the intersection of FM 1378 and Park Blvd. (C.Holsted, City Engineer) Executive Summary On January 13, 2005, the Texas Department of Transportation (TxDOT) approved a traffic signal warrant study for the intersection of FM 1378 and Park Blvd. Bucher, Willis&Ratliff Corporation was hired by the City to design the signal and associated roadway improvement as shown on the attached sketch. The project was submitted to Site Concrete for pricing and a copy of the proposal is also attached. TxDOT will fund the entire cost of the project, however, the installation would not take place for at least two years. If the City funds the project, it can be installed in approximately 12 weeks. The 1999 Bond program included funds for intersection improvements such as traffic signals. 5. Consider and act upon approval of Ordinance No. 2005-32 adopting changes and additions to the Consolidated Fees and Charges ordinance(Ordinance No. 98-16)for certain zoning and platting fees and development resource materials. (C. Thompson,Planning and Zoning Director) Executive Summary The Consolidated Fees and Charges Ordinance (Ordinance No. 98-16) regulates the fees and charges which the City staff may charge for services rendered to the public. The proposed increase in planning-related application fees and charges for resources, as detailed in the attached Ordinance,will establish local fees comparable to regional averages. These new fees will become effective immediately. 6. Consider and act upon Ordinance No. 2005-33 denying an annual Gas Reliability Infrastructure Program (GRIP) rate increase request of Atmos Energy Corporation, Mid-Tex Division. (M.Roath, City Manager) Executive Summary On December 17, 2004, Atmos Energy Corporation, Mid-Tex Division (the "Company"), formerly known as TXU Gas, filed with the City of Wylie(the"City")a request for an annual Gas Reliability Infrastructure Program(GRIP)rate increase for customers on the Company's statewide gas utility system. The City timely acted to suspend the effective date of Atmos' proposed rate increase, and joined other cities in a coalition known as Atmos Cities Steering Committee ("ACSC"). Counsel for ACSC has reviewed the Company's filing has recommended denying the Company's GRIP rate increase as it is unjustified,unreasonable,and non-compliant with the GRIP statute. Tabled Item from 6-14-05 Motion to remove from table and: 7. Consider and act upon the withdrawal of a request from Blackland Prairie Playground Foundation to fund the remaining cost of constructing the Pirate Cove Playground in Founders Park in the amount of$35,000.00. (M.Roath, City Manager) Executive Summary On June 14, 2005, the Blackland Prairie Playground Foundation made a request for funding to the City Council. After some discussion, the City Council made a motion to table action on the item until the July 12, 2005 City Council Meeting. On June 29, 2005, the City Manager's Office received a letter from Ms. Anne Hiney, on behalf of the Foundation, requesting that this item be withdrawn. In addition, she submitted a copy of their Fundraising Plan for City Council information. READINGIRVAMINO9COMNANCC$iiinFtglikiCAMONIMIMMYBreOUNCItiARVINIROKII.V WVLTE CITY'I ART) R i oteiE ni,S.EC`TT t I3 ADJOURNMENT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 8th day of July,2005 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.wylie.tx.us Carole Ehrlich,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 TD 972/442-8170. MINUTES Wylie City Council Tuesday,June 28, 2005—6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALL TO ORDER Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Earl Newsom, Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. Staff present were: City Manager, Mark B. Roath; City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Public Services Director Mike Sferra; Police Chief, Jeff Butters; Assistant Fire Chief, Noe Flores; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION&PLEDGE OF ALLEGIANCE Reverend Chuck Hubbard with the Gloria Deo Lutheran Church gave the invocation and Councilman Young led the Pledge of Allegiance. CITIZENS PARTICIPATION Red Byboth residing at 2722 W. F.M. 544, Wylie, Texas addressed Council stating that the proposed bond issues and recommendations that will be presented to Council by the CBAC should all be considered. He explained that if Wylie was to be a community with quality homes on large lots, the City needed to put infrastructure and buildings in place that would complement this type of community. He asked Council to consider all recommendations by the CBAC to move forward to the November 8,2005 Bond election. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed from the Consent Agenda and will be considered separately. A. Approval of the Minutes from the regular City Council Meeting of June 14, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon approval of a Resolution authorizing the application for a Collin County Park and Open Space Grant for the purpose of improving Joel Scott Park. (M. Sferra, Public Services Director) C. Consider and act upon approval of amending the Reimbursement Agreement with the Estates at Creekside Phase III Development,Inc.,in the amount of$8,502.50,for the development of a park in Creekside Estates. (M.Sferra,Public Services Director) D. Consider and act upon approval of a Final Plat for the Creekside Estates Phase IV Addition, generally located east of McCreary Road and north of McMillen Road. (C. Thompson, Planning and Zoning Director) Minutes—July 28,2005 Wylie City Council Page 1 E. Consider and act upon,Amending Section 5(b)and Exhibit A of the Agreement for Legal Services with Abernathy, Roeder, Boyd and Joplin, P.C., relating to billing rates, to be effective July 1, 2005. Council Action A motion was made by Mayor Pro Tern Hogue,seconded by Councilman Porter to approve the Consent Agenda with one correction to the minutes; striking the wording from Item#2(page 3), paragraphs one and two to read F.M. 544 rather than South Stone Road(old F.M.544).A vote was taken and passed 7-0. INDIVIDUAL CONSIDERATION PUBLIC HEARINGS 1. Hold a public hearing and act upon a change in Zoning from Agriculture (A) District to Planned Development (PD) District for Commercial uses. Zoning Case 2005-10. (C. Thompson, Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the property totals 2.138 acres in two separate parcels, west of Country Club Road (F.M. 1378) and south of Parker Road (F.M. 2514). This includes stipulations requested by the Planning and Zoning Commission and includes item B-1-n.These items usually accepted by SUP will be accepted by right if this ordinance passes. Planning and Zoning Commission recommended approval and this requires a simple majority vote of Council to approve. Public Hearing Mayor Mondy opened the Public Hearing at 6:10 p.m. With no one present to address Council,Mayor Mondy closed the Public Hearing at 6:10 p.m. Applicant/Council Discussion Thomas Glendeaning(applicant)residing at 6350 LBJ Freeway,Dallas Texas addressed Council stating that the site before you tonight is a retail site. With this application and subsequent approval,the applicant promised to only construct class A retail. He presented Council with a conceptual drawing of what they planned to construct on this site. He explained that a portion would be allocated for a financial institution. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Newsom to approve Ordinance #2005-25, Zoning Case#2005-10 with the stipulations recommended by the Planning and Zoning Commission and adding Special Conditions (Item n.) adding Dry Cleaning or Laundry, Drop-Off or Self Service (On-Site Dry Cleaning). A vote was taken and passed 7-0 2. Hold a public hearing and consider and act upon the withdrawal of a change in zoning to provide a Specific Use Permit (SUP) for an Indoor Commercial Amusement within the Corridor Commercial(CC)District. Zoning Case 2005-12. (C. Thompson,Planning and Zoning Director) Minutes—July 28,2005 Wylie City Council Page 2 Staff Comments Planning and Zoning Director Thompson addressed Council stating that the applicant has decided not to move forward with the development, and requests the zoning case be withdrawn from consideration. However,because publication and notification of the requested rezoning has been completed in accordance with State Law, some action is required by the Council at the current meeting. The Council should convene the hearing and allow any citizen to comment, and then consider the applicant's request for withdrawal. Public Hearing Mayor Mondy opened the Public Hearing at 6:14 p.m. With no one present to address Council,Mayor Mondy closed the Public Hearing at 6:14 p.m. Council Action A motion was made by Councilman Newsom, seconded by Councilman Young to accept the withdrawal by the applicant of Zoning Case#2005-12. A vote was taken and passed 7-0.(Letter of withdrawal on file) INDIVIDUAL CONSIDERATION 3. Consider and act upon a request by Mike Douglas for shared parking on existing retail property at 1000 State Highway 78. (C. Thompson,Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the property at 1000 State Highway 78 consists of two parcels which together total just less than one acre. The property was annexed into the City of Wylie in 1984,but has never been developed as a single lot of record. It was developed in 1987, in apparent compliance with the code at that time. Development consists of 2 buildings totaling approximately 14,000 square feet and common parking between the buildings providing approximately 33 spaces. The existing development reflects an industrial/heavy commercial construction within a zoning district which allows lighter retail uses. The applicant desires to lease the buildings to a pawn shop and a dance studio, both of which are being relocated from other locations within Wylie due to their growth. Both uses are allowed by right within the Corridor Commercial (CC) District. These two proposed uses require a total of 59 parking spaces. The owner/applicant maintains an office and manufacturing business within a portion of the structures which requires 7 parking spaces. This is a total parking requirement of 67 spaces or 34 more spaces than are currently provided on the site.The first application was submitted for the pawn shop and the second for the dance studio. If Council does not approve the parking variance,the pawn shop will have required parking and be accepted and the dance studio will find another location. Applicant/Council Discussion Mike Douglas(applicant)residing at 5113 Heritage, Sachse,Texas addressed Council stating that he could work with the applicants regarding an overlap of times open. He explained that the only additional parking he could provide would be four additional parking spaces,which would reduce the required landscaping. He stated that he had retail tenants in these buildings for the past five years with no issues regarding parking.On the other hand,one additional industrial business was located there in the past year and burdened the parking greatly. He explained that each applicant is special to parking requirements and needs to be addressed by Council individually. No motion or action was taken by Council on this item Minutes—July 28,2005 Wylie City Council Page 3 4. Consider and act upon the appointments of Wylie Boards and Commission Members for 2005-2006. (C. Ehrlich, City Secretary) Summary An interview panel, consisting of three council members,was used to conduct interviews of all applicants and conducted forty interviews. The applicants consisted of twenty-six new applicants and fourteen current members seeking reappointment. Mayor Pro Tem Hogue, Councilman Young, and Councilman Newsom presented the recommended list of applicants for the 2005-06 fiscal year.Nominations were as follows: Parks& Recreation Board: re-appoint; Dan Chesnut, Brandi Lafleur, Ronnie Rogers and appoint Bennie Jones replacing Frankie Delgado. Planning & Zoning Commission: re-appointment of Red Byboth, and the appointment of Joel Hemphill to replace Don Hughes and Jamie Gregg to replace Kathy Spillyards. Library Board: reappointment of Valli Hoskik, Shirley Burnett, Joe Murphy and the appointment of David James to fill the vacant position. Construction Code Board: re-appointment of Steve Repasky, Frank Spingola and the appointment of Eric Brown to replace Mike Phillips and Scott Henry to replace Jerry Coombs. Zoning Board of Adjustments:re-appointment of Weldon Bullock,Jan Sargent and Linda Jordan. Parks and Recreation 4B Board: the re-appointment of Shirley Burnet, Dan Chesnut, Anne Hiney, Mayor Pro Tern Hogue,and Councilman Merrill Young and Councilman Rick White to fill the two vacant positions. Council Action A motion was made by Councilman Young, seconded by Councilman Newsom to approve the recommendations from the Wylie Boards and Commission Interview Panel for expiring board positions. A vote was taken and passed 7-0. 5. Consider and act upon an Ordinance establishing Rules and Regulations for Special Events; providing for a permit fee; providing for the issuance and revocation of permits; providing for a penalty for the violation of this Ordinance. (J.Butters,Police Chief) Staff Comments Police Chief Butters addressed Council stating that currently the City of Wylie does not have an ordinance to define and regulate special events.When confronted with special events in the past staff has relied on the street closure ordinance.The street closure ordinance was designed for block parties and does not address many issues involved with special events. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilwoman Allen to approve Ordinance #2005-27 establishing Rules and Regulation for Special Events' providing for a permit fee; providing for the issuance and revocation of permits; and providing for a penalty for the violation of this Ordinance. A vote was taken and passed 7-0. 6. Consider and act upon an Ordinance amending Ordinance No. 78-17, Article I (General Traffic Regulations)Section 1 -Definition of Terms; Article I(General Operation of Vehicles)Section 16— Parades and Processions, and establishing Rules and Regulation for Parades. (J. Butters, Police Chief) Minutes—July 28,2005 Wylie City Council Page 4 Staff Comments Police Chief Butters addressed Council stating that Wylie's current parade ordinance needs to be up-dated to include issues that may arise when someone wants to have a parade. The amended ordinance will define a parade and exemptions, establish rules and regulations,and establish a permit process. Council Action A motion was made by Mayor Pro Tern Hogue,seconded by Councilman Young to approve Ordinance#2005- 28 amending Ordinance No. 78-17, Article I, Section 1- Definition of Terms; Article I (General Operation of Vehicles)Section 16-Parades and Processions,and establishing Rules and Regulations for Parades. A vote was taken and passed 7-0. 7. Consider and act upon the approval of an Ordinance prohibiting skates,skateboards and manually propelled scooters on the sidewalks along Ballard Street between Highway 78 and Brown Street. (J. Butters,Police Chief) Staff Comments Police Chief Butters addressed Council stating that the City of Wylie has received complaints from business owners along 200 N Ballard Street concerning skateboards on the sidewalks. The problem has been skateboarding on sidewalks and disrupting pedestrian traffic.There has also been an issue of ramping skateboards up onto the benches and disfiguring the benches. The skateboards are being used for amusement instead of transportation.The use of skateboards for amusement along North Ballard Street is not compatible with the high pedestrian use of the area. Council Discussion Councilman Newsom asked Chief Butters if approved, would signs be posted in the Ballard Street area to warn skateboarders of these restrictions. Chief Butters replied yes signs would be posted. Mayor Mondy asked what the difference was in riding a bike or skate boarding in this area. Chief Butters explained that the difference was that skateboards were used primarily for display and this was a safety issue with pedestrians. Mayor Mondy asked if this ordinance would be enforceable. Chief Butters stated because the ordinance was specific to an area, it could be enforced. Mayor Mondy asked if a skateboard park was in the bond issue. Councilwoman Allen stated that there needed to be an area for the skateboarders to utilize. Council Action A motion was made by Councilman Newsom, seconded by Mayor Pro Tern Hogue to approve Ordinance #2005-26 prohibiting skates, skateboards and manually propelled scooters on the sidewalks along Ballard Street between Highway 78 and Brown Street.A vote was taken and passed 7-0. 8. Consider and act upon an amended contract between the Southeast Collin County EMS Coalition and East Texas Medical Center for Paramedic Ambulance Services. (S.English,Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that the City of Wylie entered into an interlocal cooperative purchasing agreement for ambulance services with the cities of Collin County,St.Paul,Murphy,Lucas,Lavon and Parker. This interlocal agreement established the ad hoc Southeast Collin County EMS Coalition. The construction of the original contract originated in 1998. Since 1998,the agreement has been amended at regular intervals to ensure the best agreement possible between the City of Wylie and ETMC. The changes of the proposed amended contract are for the protection of coalition members and to benefit citizens of the coalition by providing additional ambulance services. Minutes—July 28,2005 Wylie City Council Page 5 Council Discussion Councilwoman Allen asked Chief Flores if Wylie was going to cover Murphy after 6:00 p.m. Captain Ballard replied yes it would be the same with coverage after 6:00 p.m. The only change to the existing contract would be to increase by one ambulance during busy hours. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman White to approve an amended contract between the Southeast Collin County EMS Coalition and East Texas Medical Center for Paramedic Ambulance Services. A vote was taken and passed 7-0. 9. Consider and act upon approval of an Ordinance establishing a Local Comprehensive Emergency Management Plan. (S. English,Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that the City of Wylie should have a comprehensive emergency management plan that is independent of Collin County according to DEM 10. The recommended ordinance is from a template created by the state to establish an emergency management program. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to approve Ordinance#2005- 29 establishing a Local Comprehensive Emergency Management Plan.A vote was taken and passed 7-0. 10. Consider and act upon approval of a Resolution adopting the implementation of the National Incident Management System (NIMS)for the City of Wylie. (S.English,Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that Homeland Security Presidential Directive 5 establishes the system as the national standard and the National Commission of Terrorist Attacks recommended the adoption of a standardized Incident Command System.Communities are federally required to be NIMS compliant by 2006. The City of Wylie should have a resolution adopting NIMS. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Newsom to approve Resolution #2005-21 (R)adopting the implementation of the National Incident Management System(NIMS)for the City of Wylie. A vote was taken and passed 7-0. 11. Consider and act upon approval of the Statement of Agreement between the American Red Cross— Dallas Chapter and the City of Wylie. (S. English, Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that the federal government has established the Red Cross as Emergency Service Function 6 to help in response to disasters. They were also chartered by Congress as the primary disaster relief agency in the United States. The Red Cross will provide training for volunteers and background checks free of charge to the city.The City of Wylie should have a Statement of Agreement with the Red Cross to provide shelters and Minutes—July 28,2005 Wylie City Council Page 6 other services during a disaster. A copy of the recommended Statement of Agreement is attached. This came from the American Red Cross-Dallas Area Chapter. The Red Cross has been designated as Emergency Service Function 6 per the federal government. Council Discussion Councilman Porter asked if there was any difference between using the Red Cross or the local Salvation Army. Chief Flores replied that there was not. He suggested having an agreement with both. Chief Flores explained that he would contact the Salvation Army and report back to Council. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve an agreement between the American Red Cross-Dallas Chapter and the City of Wylie.A vote was taken and passed 7-0. 12. Consider and act upon an Interlocal Agreement between Wylie North East Water Supply Corporation and the City of Wylie for access to water towers for radio communications equipment. (S.English,Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that this agreement was still being considered by Wylie North East Water Supply Corporation and at present a final copy had not been supplied to the City of Wylie. In view of this,Assistant Chief Flores asked that the item be removed from consideration and brought back at a later date. Council Action A motion was made by Young, seconded by Mayor Pro Tem Hogue to withdraw Item#12 from the agenda due to agreement issues still being considered. A vote was taken and passed 7-0. 13. Consider and act upon approval of an Interlocal Agreement for Public Safety GIS between Collin County and the City of Wylie. (S.English,Fire Chief) Staff Comments Assistant Fire Chief Flores addressed Council stating that the City of Wylie is rapidly growing creating an ever changing map base. Without a full-time GIS person constantly updating maps for emergency responses, it is necessary to contract outside the city for these services. Collin County's GIS Department has over thirteen years of experience creating, updating and managing spatial information. Collin County GIS proposes to support the City of Wylie by creating, managing and mapping specific spatial layers to aid in service to our constituents. The goal of this effort is to ensure the City of Wylie has the most current geographic information at their disposal. Council Discussion Councilman Young asked if the passage of this shared system would have any effect on the City's ISO rating. Chief Flores replied that it would not. Council Action A motion was made by Councilmen Newsom, seconded by Councilman White to approve an Interlocal Agreement for Public Safety GIS between Collin County and the City of Wylie. A vote was taken and passed 7-0. Minutes—July 28,2005 Wylie City Council Page 7 14. Consider and act upon a request from D.R. Horton Homes to install a kiosk sign for off premise advertisement located at the corner of Highway 78 and Kreymer Road. (J. Bray, Building Department Director) Staff Comments Building Inspections Director Bray addressed Council stating that D. R. Horton Homes has requested the City Council's approval of an off premise temporary directional kiosk sign for the purpose of advertising the Avalon subdivision. Section 11.A of the adopted sign ordinance requires the sign design and location to be approved by the City Council.This item was previously denied by Council and has been resubmitted at another location closer to the intersection. Art work on the proposed sign has also been changed. Council Discussion Councilman Newsom asked Mr. Bray how far the applicant had moved the proposed signage. Mr. Bray replied that they had moved it to the intersection. Councilman Young asked about the maintenance of the sign. Mr. Bray replied that the permit would be for 2 years and during that time the applicant would be responsible for maintenance to the signage. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilwoman Allen to approve a request from D.R. Horton Homes to install a kiosk sign for off premise advertisement located at the corner of Highway 78 and Kreymer Road.A vote was taken and passed 7-0. 15. Consider and act upon a request from Watermark Development to install three separate signs for off premise advertisement located periodically along F.M. 544. (J. Bray, Building Department Director) Staff Comments Building Inspections Director Bray addressed Council stating that Watermark Developments has requested the City Council's approval of three off premise temporary directional signs for the purpose of advertising subdivision development known as the Watermark project. Section 11.A of the adopted sign ordinance requires the sign design and location to be approved by the City Council. Applicant/Council Discussion Mayor Pro Tem Hogue asked why the application required so many signs. Mr. Skip Klinefelter (applicant) addressed Council stating that the development was in an obscure area of Wylie near Lake Ray Hubbard. He explained that there were large homes on very large lake front property that was very difficult for prospective builders,real estate agents,and buyers to locate. He stated that he needed them at least until the lots were sold to 80%. He explained that Watermark would maintain these signs. He stated that he had contracted 20 homes at this time and the builders contracted would build half million dollars homes.City Manager Roath asked if the signs would block vision. City Engineer Hoisted stated that he would work with the applicant on this issue regarding location. Council Action A motion was made by Councilman Young, seconded by Councilman White to approve a request from Watermark Development to install three separate signs for off premise advertisement located periodically along F.M. 544. A vote was taken and passed 5-2 with Mayor Pro Tern Hogue, Councilwoman Allen, Councilman White, Councilman Young, and Councilman Porter voting for and Mayor Mondy and Councilman Newsom voting against. Minutes—July 28,2005 Wylie City Council Page 8 READING OF ORDINANCES TITLE & CAPTION APPROVED BY COUNCIL AS REQUIRED BY WYLIE CITY CHARTER,ARTICLE III,SECTION 13-D. City Secretary Carole Ehrlich read captions to Ordinance No.'s 2005-25,2005-26,2005-27,2005-28,and 2005- 29 into the official record. Same were published in the Wylie News July 6,2005 edition. Mayor Mondy recessed into Executive Session at 7:00 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001,etseq.,Texas Government Code,to wit: Section 551.072. To deliberate the purchase,exchange,lease or value of real property generally located at: • Discussion of the Right of Way on Ballard Ave Mayor Mondy reconvened into Open Session at 7:12 p.m. RECONVENE INTO OPEN SESSION Take any action as a result of Executive Session No action was taken as a result of Executive Session. ADJOURNMENT With no further business before Council, Mayor Mondy adjourned the meeting at 7:13 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—July 28,2005 Wylie City Council Page 9 MINUTES Wylie City Council Thursday, June 30, 2005 — 6:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North CALF:TO ODE Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Councilman Earl Newsom, Councilman Merrill Young, Councilman Rick White, and Councilman Carter Porter. Mayor Pro Tern Eric Hogue and Councilwoman Reta Allen were absent. Staff present were: City Manager, Mark B. Roath; City Engineer, Chris Hoisted; Planning &Zoning Director, Claude Thompson; Finance Director, Larry Williamson; Public Services Director Mike Sferra; Public Works Supervisor Jack Jones, Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. INVOCATION&PLE 7 : ►F: 1C 1 CE Councilman Newsom gave the invocation and Councilman White led the Pledge of Allegiance. ti.CON E T AG1 � i I matt ..listed under the Consent.Agenda arc c©nsideared,to be rc�by the.Catty Council axt d will be enacted by acne; :..:.::.: .:. . I.;novi!a ....aratc.>dss 0o.00. ese: ti ins. If a100009. ig.x est ot00 items w #.be mo-0 ;:frmn'*e Gwent A a3ctcT:v�lllie�nstd�ted se aratc <> ;;;; A. Consider and act upon a contract awarding a bid in the amount of$44.00 per ton for Asphalt Overlay and $1.70 per sq. ft. for Seal Coating of City streets to APAC-Texas, Inc., with an option to renew for two successive one year periods. (M.Sferra,Public Services Director) Council Action A motion was made by Councilman White, seconded by Councilman Newsom to approve the Consent Agenda as presented. A vote was taken and passed 5-0 with Mayor Pro Tem Hogue and Councilwoman Allen absent. Mayor Pro Tern Hogue arrived at 6:15p.m. WOE SE$$.IO. • Discussion of the City's thoroughfare plan and the alignment of Alanis Drive. (C. Hoisted, City Engineer) City Engineer Chris Holsted presented Council with several alternatives for the alignment of Alanis Drive. These included: Option #1 taking a route due east across the Hood Tract. Mr. Hoisted explained that the pros of this option are that it is the most direct route, it has the lowest cost and it impacts fewest properties. The cons are that it is shared by the fewest properties. He explained that this option, including construction, engineering and right of way cost, would run around $5,830,059. Option #2 would take an easterly route through the Hood and Rice Tracts. Mr. Holsted explained that the pros of this option are that more properties share the cost. The cons are that it is a higher construction cost than option #1 and adversely impacts two properties. Total cost for construction, Minutes—June 30,2005 Wylie City Council Page 1 engineering and right of way would run $6,459,028. Option #3 would take an east/west route through the Hood and Rice Tracts and would connect to Bowan Road. He explained that the pros to this option are that it is a shared cost between properties. Cons are that it is the highest construction cost of all options and adversely impacts multiple properties and structures. Total cost would run $7,450,939. Mr. Holsted summarized by stating that from an engineering standpoint,his recommendation to Council would be option#1. After much discussion regarding the three options, Council asked staff to place this item on the next agenda for consideration by Council. • Presentation by the City's storm water consultant,Freese& Nichols,Inc., regarding conceptual issues related to development of a storm water fee. (M. Sferra,Public Services Director) Public Services Director Mike Sferra introduced Trey Shanks representing Freese & Nichols, Inc. Mr. Shanks presented Council with an overview of storm water utilities and discussed utility benefits. He identified several options for use of funds generated from a storm water utility and discussed a fee development approach. The advantages of establishing a storm water utility are that it manages storm water runoff; it establishes flood and stream protection and water quality protection. Rates can be based on cost of providing service and the amount of system use. He explained that state law(LGC 402)allows municipalities to establish drainage user fees. He explained that cities must not only look at utility fees to cover some of the cost of storm water runoff but also pass legislation to require property owners to control runoff on their property. He estimated that to complete drainage capital projects currently needing attention for the City of Wylie,the costs would run between $3.5 and $6.5 million. Some of the areas noted were: Wylie Ranch East, Rush Creek, 1000 Foxwood Lane, Stone Road, Hooper Road and Hensley Lane Crossings, Pheasant Creek, Akin Lane Crossing, McMillan Road Crossing and Downtown Area/Brown Road and Ballard Avenue. Mr. Shanks noted that new federal water quality rules from EPA would require storm water management on a city wide basis to protect water quality and there would be no funding from federal or state government to assist cities. Some of the benefits to the implementation of a storm water utility to citizens would be: minimizing flooding in streets and yards, protection of creek erosion and flooding, protection of creek and lake water quality and maintenance of storm water, which would increase property values. Council directed staff, with the assistance of Freese & Nichols, Inc. to provide Council with some accurate estimates regarding the cost of implementation and options for storm water utility fees and the overall management of storm water(draft legislation). ADJOURNMENT With no further business before Council,Mayor Mondy adjourned the meeting at 7:50 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—June 30,2005 Wylie City Council Page 2 engineering and right of way would run $6,459,028. Option#3 would take an east/west route through the Hood and Rice Tracts and would connect to Bozman Road. He explained that the pros to this option are that it is a shared cost between properties. Cons are that it is the highest construction cost of all options and adversely impacts multiple properties and structures. Total cost would run$7,450,939. Mr. Holsted summarized by stating that from an engineering standpoint, his recommendation to Council would be option#1. After much discussion regarding the three options, Council asked staff to place this item on the next agenda for consideration by Council. • Presentation by the City's storm water consultant,Freese & Nichols,Inc., regarding conceptual issues related to development of a storm water fee. (M. Sferra,Public Services Director) Public Services Director Mike Sferra introduced Trey Shanks representing Freese & Nichols, Inc. Mr. Shanks presented Council with an overview of storm water utilities and discussed utility benefits. He identified several options for use of funds generated from a storm water utility and discussed a fee development approach. The advantages of establishing a storm water utility are that it manages storm water runoff; it establishes flood and stream protection and water quality protection. Rates can be based on cost of providing service and the amount of system use. He explained that state law(LGC 402) allows municipalities to establish drainage user fees. He explained that cities must not only look at utility fees to cover some of the cost of storm water runoff but also pass legislation to require property owners to control runoff on their property. He estimated that to complete drainage capital projects currently needing attention for the City of Wylie, the costs would run between$3.5 and $6.5 million. Some of the areas noted were: Wylie Ranch East, Rush Creek, 1000 Foxwood Lane, Stone Road, Hooper Road and Hensley Lane Crossings, Pheasant Creek, Akin Lane Crossing, McMillan Road Crossing and Downtown Area/ Brown Road and Ballard Avenue. Mr. Shanks noted that new federal water quality rules from EPA would require storm water management on a city wide basis to protect water quality and there would be no funding from federal or state government to assist cities. Some of the benefits to the implementation of a storm water utility to citizens would be: minimizing flooding in streets and yards, protection of creek erosion and flooding, protection of creek and lake water quality and maintenance of storm water, which would increase property values. Council directed staff, with the assistance of Freese & Nichols, Inc. to provide Council with some accurate estimates regarding the cost of implementation and options for storm water utility fees and the overall management of storm water(draft legislation). With no further business before Council,Mayor Mondy adjourned the meeting at 7:50 p.m. Consensus of Council was to adjourn. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes June30,20p5 Wylie City council Page 2 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: July 12, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: June 28, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon approval of a Replat for Wylie Hibernia Addition, generally located east of State Highway 78 and north of W. Kirby Street. RECOMMENDED ACTION: The Planning and Zoning Commission voted on June 21, 2005, 5 —0 to recommend approval. SUMMARY: The Replat under consideration is a reconfiguration of Lot 1 of Moussa-Switzer Addition. The Plat abandons and relocates the west property line, taking in part of the unplatted Subway lot. It also creates additional cross-access easements with neighboring properties. The property includes a single commercial lot totaling 1.377 acres. The property is occupied by the abandoned Providence/Innwood Bank facilities. The Planning & Zoning Commission approved a site plan for a branch banking facility with drive-thru services on the subject lot on June 21. The subject property was originally platted under the requirements of the old zoning code. However, with this proposed replat, the property must comply fully with the requirements of the current Zoning Ordinance. The Plat complies with the Subdivision Regulations and with requirements of the Corridor Commercial District of the Zoning Ordinance as well as all other pertinent code requirements of the City of Wylie. APPROVED BY: Initial Date Department Director: CT \ 7/01/05 City Manager: /le \ OWNS.ClRTICArz STATE OF MIAS• COUNTY OP COLLIN• WIRRG,NMORNM WIIONALMNN.a th.awaale a..of lane out of de 9.B.SP.Saw A0Wav 0WN[YORO CWPWAIIOM V .Ca ofWMs,Colin 00095.Texas.1..w aloft.I,Mu4O o0M1 ERADEILBONn / aftliBon rob Ma City of W.lan moor.to Me pa th i plat roar. C.10 age 8cw KNOWLL EVTN Collin dea A SENEIE.I[6WOl: Ca.Tax..bang T of Me V .in al lane dear dead 0... y mm aq 25e •Lana Rear.a Cain County.Ta..Ising ram w.WM denim.as I.Oahe Brown.R.P.L.S..de arayd lea......... 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C1 J9'JT43• 1000 1JBI NIB'1o5 W 3.54 LRGG.i d 09000' 000 F]I 46'165 11 RENMME NZO FOR APPRJuµ' \ - LOr 1B-R 909000• 10.00 15.71 N4.2SSO5 W MWSSA-S.r2ER Ai2wnav \ }/ V CAB.Fr Pc.IV yene Ct t'.� C3 I (g� R.GC.I. Cnsirman.Pannngdlm.g Cum�.m O. C 18I NHH'4J'05•W 6609' I 'ua city•WYa.TW. THE REASON FOR TMIS REPUT I6 TO A110 BORE PROPERTY TO THE WEST SIDE Of LOT I. 24'ACCESS 6 UIILIIY ESN r, h me •APPRWµ FOR CONSTRUCTION 2.1.2 LI9 3�- _..�NHH'43'05"W 15.09•_ \\\\ n IWATER mi -`1c2 I \ Mayor,coalwya,T.., Dora e i N,EM,rL MINOR PLAT n 10.00'Ir000' Ravxx ux 250'r2.50' 1 -I�1..00• = - a"-"' -- 1 I I -1-____ __- •A`EPTECL WYLIE HIBERNIA ADDITION �,R »6JHo I BEINGA REP LAT OF N I6B11b5•W r6436' +W+ r LOT 1 OF MOUSSASWITZER ADDITION der.CM e1Wyla Tess 1 RECORDED IN CABINET G,PAGE 414,ITIONC.T. W. KIR 50 STREET BEING 1.377 ACRES SITUATED IN THE der�,wa.th.City swemry of t.cim awya,r..n«8206... W E rm'Row Ibm.tath. w mnlw a S.B.SHELBY SURVEY,ABSTRACT NO.820 Wae.was pnn m.C'na.Mor on M._.ya 1st aw.a la, CRY OF WYLIE,COLLIN COUNTY,TEXAS sn g.analaac.,then a.MnaecarInaMersadal..clan.and wen S name Cep ia .and Pater and sear Ina ae.mw...l.th a*won... ceuaa aMW authov.d dal Mayor m noteea mWnae.Waaagr�nq. Siarn.OWNER/APPLICANTat.. and sal NabaB.t GRAPHIC SCALE W FEET W.oa�cm..w Wiubd Y 225 Baron.Sean All am a 112 can MdMAW*",Inc wilPh.rya)333-2321.2469 _ en a.B.Smth lamas ms>v anon By Mean and eonrde.awaaa aCty Ontitenp C t4 sewy..Taro ' and Slate Law and a suaM m Naas and..!........and hang prom.' PATE Juno t].Ala I.3O6 NO,p6ReW10 a SHEET IOFt CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: July 12, 2005 Originating Department: Parks Prepared By: Jim Holcomb Account Code No. #: 112-5614-58150 Date Prepared: July 1, 2005 Budgeted Amount: $40,015.00 Exhibits: Bid, Contract AGENDA SUBJECT:Consider and act upon awarding a contract, in the amount of $43,720.00, to Jim Bowman Construction for drainage improvements at Olde City Park. RECOMMENDED ACTION:Staff recommends awarding the contract to Jim Bowman Construction. SUMMARY: The 4B Parks budget for the current fiscal year includes funding for drainage improvements at Olde City Park. The project consists of approximately 529 linear feet of 24" storm sewer pipe with grate and curb inlets. The contractor will provide all labor, material and equipment necessary for the installation, including all related site work. Competitive sealed bids have been solicited in accordance with Chapter 252 of the Texas Local Government Code. The following bids were received. Jim Bowman Construction- $43,720.00 Moss Construction- $94,863.00 APPROVED BY: Initial Date Department Director: MS \ 7/1/05 City Manager: MAW \ 3 /os EJCDC STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is by and between City of Wylie,Texas(hereinafter called OWNER)and ►16ty C3)WNlAK COKSTRUCT tD14 CoMPA H-I 1 L - P. ,(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,agree as follows: ARTICLE 1 — THE WORK 1.01 CON TRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnishing all labor,tools, material and equipment, and for performing all work required for construction of Drainage Improvements for Olde City Park. The Base Bid includes installation of 2 each 4 grate inlets, 529 linear feet of 24" HDPE storm sewer pipe, connection to existing inlet, connection to exiting storm sewer system, installation of 1 ea. 6' standard curb inlet, removal and disposal offsite of an existing wooden pedestrian bridge, removal and plugging of 3 each sanitary sewer services, removal and plugging of 1 each existing residential natural gas service and including all related fittings and fixtures and final grading of project area to the satisfaction of the City's Representative. The bid schedule for the project is included in the Plan Specification Book. The major items in the Base Bid include include approximately 529 if of 24"HDPE storm sewer pipe, 2 each 4 grate inlets and 1 each 6' curb inlet including all related fittings and fixtures. Article 2 — THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Olde City Park Proposed Drainage Improvements ARTICLE 3 — ENGINEER 3.01 The Project has been designed by: Heimberger Associates, Inc. 124 Hooper Road Wylie,TX 75098 972/442-7459 who is hereinafter called ENGINEER and who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4—CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed within 3 o days after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within 35 days after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of the Agreement and that OWNER will suffer financial loss if the Work is not competed within the times specified in paragraph 4.02 above,plus any extensions thereof a119owed in accordance with Article 12 of the General Conditions. The parties also recognize the delays,expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly,instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidate damages for delay(but not as a penalty), CONTRACTOR shall pay OWNER . $500.00 for each day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,refuse, or fail to complete the remaining Work with the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER. $500.00 for each day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. I I I I I ARTICLE 5—CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 5.01.A, 5.01.B,and 5.01.0 below: A. For all Work other than Unit Price Work,a Lump sum of: c- cri-`c elf't b09,1, h ' '*..I I\b$UREbctorw '(,' i oU (S 113.'1 2 o (use words) (figure) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.02 of the General Conditions. B. For all Unit Price Work,an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in this paragraph 5.01.B: UNIT PRICE WORK Estimated Total No. Item Unit Quantity Unit Price Estimated TOTAL OF ALL UNIT PRICES: S As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions. A. For all Work, at the prices stated in CONTRACTOR'S Bid,attached hereto as an exhibit. • 1 ARTICLE 6—PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. • 6.02 Progress Payments;Retainage A. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Applications for Payment on or about the 25`h day of each month during performance of the Work as provided in paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the.General Requirements: I. Prior to Substantial Completion,progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER may determine or OWNER may withhold,in accordance with paragraph 14.02 of the General Conditions: a. 90%of Work completed(with the balance being retainage). b. 90% of'cost of materials and equipment not incorporated in the Work (with the balance being retainage). 2. Upon Substantial Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to 95% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph 14.02.B.5 of the General Conditions and less 100% of ENGINEER's estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be completed or corrected attached to the certificate of Substantial Completion. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.07. ARTICLE 7—LNTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 0% per annum. • • ARTICLE 3 —CONTRACTOR'S REPRESENTATIONS 3.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost,progress,and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost,progress,and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the.Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and(2)reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. NOTE TO USER 1. If the reports and/or drawings referred to in A-8.OI.D do not exist, either modem A-8.OJ.D or delete A-8.01.D and renumber accordingly. E. CONTRACTOR has obtained and carefully studied(or assumes responsibility for having done so)all additional or supplementary examinations, investigations,explorations,tests,studies, and data concerning conditions(surface,subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost,progress, or performance of the Work or which relate to any aspect of the means, methods, techniques,sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences,.and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR,and safety precautions and programs incident thereto NOTE TO USER 1. If the reports and/or drawings referred to in A-8.01.D do not exist, delete the phrase "additional or supplementary"in the first sentence ofA-8.01.E. F. CONTRACTOR does not consider that any further examinations, investigations,explorations,tests,studies, or data are necessary for the performance of the Work at the Contract Price,within the Contract Times,and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests,studies,and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.' 1 ARTICLE 9—CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement(pages i to , inclusive); 2. Performance Bond(pages I to , inclusive); 3. Payment Bond(pager 1 to , inclusive); • 4. Other Bonds(pages 1 to , inclusive); te ,Inclusive); b. (YJ4g'y te , inclusive); c. (Pages te ,inclusive); 5. General Conditions(pages 1 to ,inclusive); 6. Supplementary Conditions(pages 1 to ,inclusive); 7. Specification as listed in the table of contents of the Project Manual; 8. Drawings consisting of a cover sheet and sheets numbered h , u'tb each choet bearing the following general title: 9. Addenda(numbors to . in elusive); 10. Exhibits to this Agreement(enumerated as follows): a. Notice to Proceed(pages to , inclusive); b. CONTRACTOR'S Bid(pages to , inclusive); c. Documentation submitted by CONTRACTOR prior to Notice of Award(pages to inclusive); d. 11. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a. Written Amendments; b. Work Change Directives; c. Change Order(s). B. The documents listed in paragraph 9.01.A are attached to this Agreement(except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. 1 1 I A. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05 of the General Conditions. IARTICLE 10—MISCELLANEOUS 10.01 Terms • I A. Terms used in this Agreement will have the meanings indicated in the General Conditions. I10.02 Assignment of Contract . A. No assignment by a party hereto of any rights under or interests on the Contract will be binding on another party I hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. I10.03 Successors and Assigns I A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 1 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law of Regulation shall I be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Privisions NOTE TO USER I1. Insert other provisions here if applicable. • I I I • • I I IN WITNESS WHEREOF, OWNER and CONTRACTOR have assigned this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. NOTE TO USER I. See 1-21 and correlate procedures for format and signing between the two documents. This Agreement will be effective on .)u L`I Z , 2 bD5 (which is the Effective Date of the Agreement). OWNER: CONTRACTOR ICity of Wylie E By: [CORPORATE SEAL] [CORPORATE SEAL] Attest Attest Address for giving notices: Address for giving notices: 2000 Hwy 78 North Wylie,Texas 75098 • (If OWNER is a corporation, attach evidence of authority to License No. sign. If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Owner-CONTRACTOR Agreement.) (Where applicable) Agent for service of process: I (If Contractor is a corporation or a partnership,attach evidence of authority to sign.) Designated Representative: Designated Representative: Name: Name: Title: Title: IAddress: Address: Phone: • Phone: Facsimile: Facsimile: I I I CONTRACT BID SCHEDULE CITY OF WYLIE DRAINAGE IMPROVEMENTS —OLDE CITY PARK BASE BID -UNIT PRICE SCHEDULE ITEM ESTIMATED DESCRIPTION UNIT TOTAL NO. QUANTITY PRICE PRICE ( 1. 2 EA. Furnish and install four o { grate inlet per plans, $�3i`✓fib $ /8W complete in place, for the sum of ollars and ,a Cents per each. 2. 529 LF. Furnish and install 24"HDPE storm sewer $�� v $ &,'c28=� pipe with embedment per plans, complete in place, for the sum of 7„ Dollars ar 2Z6 Cents per if. 3. 529 LF Furnish, install, and maintain trench safety system, complete $,/7a $ ?co.6g in place, for the sum of ♦ Dollars and Cents per linear foot. 4. 1 EA Connect to existing inlet Complete in place, $ 426 $ I for the sum of_ Dollars and 72_o Cents per each. BID FORM PAGE 1 1 ITEM ESTIMATED DESCRIPTION UNIT TOTAL NO. QUANTITY PRICE PRICE 5. 1 EA Connect to existing storm sewer line, $ 0 a $ - '/U Complete in place, for �y th sum of Dollars and Cents per each. 6. 1 EA Install 6' standard curb inlet, $ 4o2G $ ce�e-`) Complete in place, for the sum of �, �.s� ,' ;_r Dollars and 2� Cents per each. 7. 1 LS Remove and properly dispose of offsite existing $ $ wooden bridge, for the sum of deer, /4)-- Dollars and Cents per lump sun. 8. 3 EA Remove and plug existing sanitary sewer services $.396 e $ Complete in place, for the sum of j , , d/ Dollars and Cents per each. I BID FORM PAGE 2 I 2 wow TOTAL ITEM ESTIMATED DESCRIPTION PRICELATPRICE NO. QUANTITY 9. 1 EA Remove and plug existing /� $ / /Do „o natural gas service $ i i Complete in place, for the sum of Dollars and Cents 1per each. 10. 1 LS Final grade work area to ensure drainage to $ $ 6'a'oa grate inlets, for the sum owe}1,,,,z,,dDollars and )u Cents per lump sum. TOTAL BID $ .3� X2-0 I I I I I I BID FORM-PAGE 3 N 3 11-1 The right is reser/ed, as the interest of the OWNER may require, to award a contract or contracts, for this project to the qualified low bidder or bidders, or to reject any and all bids and to waive any informality in the bids received. This contract is contingent upon release of funds from the Texas Water Development Board. In the event of the award of a contract to the undersigned, the undersigned will furnish performance J•: and payment bonds for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the ENGINEER and the OWNER r The undersigned certifies that.the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. NOTE: Unit and lump sum prices must be shown in words and figures for each item listed in this proposal, and in the event of discrepancy,the words shall prevail. The undersigned bidder hereby acknowledges receipt of the following agenda to the Contract . Documents. IAddendum No. 1 Dated Received D NLG Addendum No. 2 Dated Received Addendum No. 3 Dated Received I Addendum No. 4 Dated Received This is a proposal of J/ii,r Igiocoewo,, C005 • CD; _ , or a partnersnip, consisting of 1260"•4 , ' BY Seal(and Authorization (If Corporation) iM atwiw (Title) // mo-- / ( treet Address) • • � n- -73c 75 o 74-' I (City and State) 97Z -¢z3-/3/3 (Telephone Number) (Fax Number) CONTRACT BID SCHEDULE CITY OF WYLIE DRAINAGE IMPROVEMENTS—OLDE CITY PARK BASE BID-UNIT PRICE SCHEDULE ITEM ESTIMATED DESCRIPTION UNIT TOTAL NO. QUANTITY PRICE PRICE 1. 2 EA. Furnish and install four grate inlet per plans, $ $ complete in place, �C A °% for the sum of 3� 1 �� /. Nie �1-( /��zS ► �7�Nr � � ollars and /I/o Cents per each. 2. 529 LF. Furnish and install 24"HDPE storm sewer $ $ pipe with embedment /�� / et- per plans, complete I LP' l0(p i laqe, for the sum of fp 17 1J (n f/Dollars and /V0 Cents per lf. 3. 529 LF Furnish, install, and maintain trench safety system, complete $ $ ,, Dv in place, or the sum of ( ,✓i- Dollars and /VP Cents per linear foot. 4. 1 EA Connect to existing inlet Complete in place, $ lo $ fo the sum of 95O. �J SD Dollars I and Cents per each. BID FORM PAGE 1 1 ITEM ESTIMATED DESCRIPTION UNIT TOTAL NO. QUANTITY PRICE PRICE 5. 1 EA Connect to existing storm sewer line, $ $ Complete in place, for e s of D 7f4 /)" eV /? Dollars and J Cents per each. 6. 1 EA Install 6' standard curb inlet, $ $ Complete in place, for // a� la = The sum of ;l,0, kf,-1/ '� !« ollars and , Cents per each. 7. 1 LS Remove and properly dispose of offsite existing $ $ wooden bridge, ,, for e sum 40/ f 9d, friga)sum, ( 1 and Cents per lump sun. 8. 3 EA Remove and plug existing sanitary sewer services $ $ N, Complete in place, for A =' ���,the sum of v� N -f i !» ollars / 1 and * Cents per each. BID FORM PAGE 2 2 ITEM ESTIMATED DESCRIPTION UNIT TOTAL NO. QUANTITY PRICE PRICE 9. 1 EA Remove and plug existing natural gas service $ $Complete in place, for Jat, 1610:2- che sum,qf f l r 1 C! %)MivegiffIDDollars and o Cents per each. 10. 1 LS Final grade work area to ensure drainage to $ $ gray inle , the sum ,(./��/�� a�- °4 of jX -MI ollars UU"' (L and Cents per lump sum. to TOTAL BID $ • I I I BID FORM - PAGE 3 I 3 1 j The right is reseried, as the interest of the OWNER may require, to award a contract or contracts, for this project to the qualified low bidder or bidders, or to reject any and all bids and to waive any informality in the bids received. This contract is contingent upon release of funds from the Texas Water Development Board. IIn the event of the award of a contract to the undersigned, the undersigned will furnish performance and payment bonds for the full amount of the contract, to secure proper compliance with the terms and provisions of the contract, to insure and guarantee the work until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and materials furnished in the fulfillment of the contract. The work proposed to be done shall be accepted when fully completed and finished in accordance with the plans and specifications, to the satisfaction of the ENGINEER and the OWNER The undersigned certifies that the bid prices contained in this proposal have been carefully checked and are submitted as correct and final. NOTE: Unit and lump sum prices must be shown in words and figures for each item listed in this proposal, and in the event of discrepancy,the words shall prevail. The undersigned bidder hereby acknowledges receipt of the following agenda to the Contract Documents. IAddendum No. I Dated a Received Addendum No. 2 Dated Received I Addendum No. 3 Dated Received Addendum No. 4 Dated Received This is a proposal of /1 -ativieegi/V, a Corporation organized and existing under the law of the State of 1x , or a partnersnip, consisting of - or an Individual doing business as • BY • •uthorization (If a Co ion) (Tide) 3vs- acT ,/#. s (Street Address) • • /J1V1 , 1X 75af/ (City and State) (Telephone Number) 72— W 7? i (Faye Number) Item No. D CITY OF WYLIE City Secretary's Use Only CITY COUNCIL AGENDA ITEM Council Meeting Of: July 12, 2005 Originating Department: Parks and Recreation Prepared By: Robert Diaz Account Code No.#: Date Prepared: June 28, 2005 Budgeted Amount: Exhibits: Vendor registration form AGENDA SUBJECT: Consider and act upon a request from the Tiara Totin Tootsies to sell tickets to a"Red Hat Society Chapter," event to be held at the Bart Peddicord Community Center on August 27, 2005. RECOMMENDED ACTION: Staff recommends approval. The Parks and Recreation Board approved the request at their regular meeting on June 27, 2005. SUMMARY: The Tiara Totin Tootsies are a Red Hat Society group that has had many activities at the BP Community Center with no problems. They are having this event to basically cover their costs for food and activities. The group will also be selling some "Red Hat merchandise" at the event. APPROVED BY: Initial Date Department Director: RD \ 6/28/05 City Manager: NIB,' \ CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP.ORGANIZATION.INDIVIDUAL.ETC. EVENT INFORMATION Name Tiara Totin Tootsies Location Bart Peddicord Community Center 172 Christopher Crossing Date(s) August 27,2005 972-442-9864 Start Time 4:00pm 214-243-5036 End Time 11:00pm Contact Person Name Mary Terry Number of Individuals Vending Items tickets Address 172 Christopher Crossing Target Audience Red Hat Society members Phone No. 972-442-9864 Anticipated Number in Attendance at Event 150 Alternate Phone No. Specific Items to be Sold Emergency Contact Name Gabrielle Lopez $9.00 for tickets that include dinner and program Address 1717 Spinnaker Way,Wylie Texas,75098 Phone No. 972-429-2114 Alternate Phone No. 469-855-2114 Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation,community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states:It shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks,cigars,tobaccos,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility;provided, however,that this section shall not apply to any person,organizations,firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the city park or recreation or community center facilities of the city. CITY OF WYLIE Item No. 1 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: July 12, 2005 Originating Department: Planning and Zoning Prepared By: Claude Thompson Account Code No. #: Date Prepared: June 28, 2005 Budgeted Amount: Exhibits: 5 AGENDA SUBJECT: Hold a public hearing and act upon Ordinance No. 2005-30 approving a change in zoning from Agriculture (A) to Planned Development (PD) District for single-family residential uses, subject property being generally located in the southeast corner of Brown Road and Kreymer Lane. ZC 2005-05. RECOMMENDED ACTION: The Planning and Zoning Commission voted 6-0 to recommend denial of the requested rezoning. Section 8.6.E.2 of the Zoning Ordinance requires a three-fourths majority vote (six members) of Council for approval. SUMMARY: Owner/Applicant: D.R. Horton-Texas, LTD The property totals 64.38 acres, east of Kreymer Lane and south of Brown Street. Notification/Responses — Twenty-three (23) notifications mailed. Twenty-seven (27) written responses returned, twenty-five (25) OPPOSING and two (2) FAVORING the request. Because the responses in opposition represent more than twenty percent (20%) of the total land w/in the legal notification area, a three- fourths (3/4, six members) majority vote for Council is required for approval (Section 8.6.E.5 of the Zoning Ordinance and Section 211.006.(d) of the Texas Local Government Code). The Comprehensive Plan recommends that the entire tract be developed as one acre lots. The requested smaller lots and residential density does not comply with this recommendation of the Comprehensive Plan. Planned Development zoning is not justified, as the PD offers no innovations in planning and design and the property exhibits no constraints to standard development practices, and it has not been demonstrated why development cannot be accomplished through the standard zoning district. The number of lots illustrated on the Development Plan is 193 or a density of nearly 3 lots per acre, compared to a potential of approximately 63 lots or one lot per acre density as recommended by the Comp Plan APPROVED BY: Initial Date Department Director: CT \ 06/28/OS City Manager: MBe \ 3/iless 1 AGENDA SUBJECT: Hold a public hearing and act upon Ordinance No. 2005-30 approving a change in zoning from Agriculture (A) to Planned Development(PD) District for single-family residential uses, subject property being generally located in the southeast corner of Brown Road and Kreymer Lane. ZC 2005-05. SUMMARY: (Continued) Properties abutting the subject tract on the north, east and south are developed in rural farm-steads, on lots which exceed two (2) acres in size. Lots within the developing Avalon Addition across Kreymer Lane to the west are required by the PD 2001-34 to average 10,000 square feet, and those abutting Kreymer exceed 12,000 square feet each. Proposed Conditions of PD— To comply with SF 8.5/17 with the following exceptions: • Lot size of 8,500 s.f. with a minimum average of 10,000 sq. ft. (193 illustrated on the Development Plan, 86% are larger than 10,000 s.f. and 56% are larger than 11,000 s.f. — proposed density of 3 lots per acre, compared to the 1 lot per acre recommended by the Comp Plan) • No minimum dwelling size, but average dwelling size of 2,400 s.f. throughout the PD (1,700 s.f. is allowed minimum for ZO standard SF-8.5 and would apply as minimum, ZO standard for 10K lots is 1,900 s.f. and 2,600 s.f. for 1 ac.) The PD proposes that no alleys be required, but no garages shall face the front street unless off-set 6 ft. (compared to 5 ft. and no more than 50% of elevation standard requirement of the ZO). Alleys maintenance costs the City more than initial construction costs the developer, the City code requires that the functions of alleys (utilities, drainage) be handled by other means, and alleys are not appropriate adjacent to the thoroughfare, open space and existing rural residential without alleys which surround the subject property. The easement corridor of a major overhead electric transmission line traverses the northeastern corner of the tract, occupying 0.96 acre, and this area cannot be developed. This development must provide for the widening and improvement of Kreymer Lane. ORDINANCE NO. 2005-30 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 2005- 05, TO PLANNED DEVELOPMENT (PD) DISTRICT ALLOWING FOR SINGLE-FAMILY RESIDENTIAL USES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD) District, allowing for single-family residential uses, said property being described in Exhibit "A", Exhibit "B" and Exhibit "C" 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. Ordinance No.2005-30 Zoning Case 2005-05 SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. 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 12th day of July, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—July 13, 2005 Ordinance No.2005-30 Zoning Case 2005-05 Exhibit"A" Legal Description Zone Change#2005-05 BEING all that tract of land in the City of Wylie, Collin County, Texas, a part of the Francisco De La Pena Survey, Abstract No. 688, and being all of that 14.755 acre tract of land conveyed to D.R. Horton-Texas, Ltd., as recorded in Volume 5697, Page 6349, Collin County Deed Records, all of that 34.872 acre tract of land conveyed to D.R. Horton-Texas, Ltd., as recorded in Volume 5697, Page 6354, Collin County Deed Records, all of that 14.760 acre tract of land conveyed to D.R. Horton- Texas, Ltd., as recorded in Volume 5700, Page 3087, Collin County Deed Records, and being further described as follows: COMMENCING at a'/2" iron rod found at the intersection of the south line of Brown Street(a variable width right-of-way) with the east line of Kreymer Lane (a variable width right-of-way); THENCE along the east line of Kreymer Lane as follows: South 02 degrees 19 minutes 38 seconds East, 685.94 feet to a point for corner; South 03 degrees 17 minutes 44 seconds East, 221.11 feet to a %2" iron rod found at the most westerly northwest corner of said 34.872 acre tract; THENCE North 87 degrees 47 minutes 11 seconds East, 197.02 feet along a north line of said 34.872 acre tract to a 'A"iron rod found for corner; THENCE North 02 degrees 42 minutes 36 seconds West, 221.09 feet to a 'A" iron rod found at the most northerly northwest corner of said 34.872 acre tract, said point being in the south line of that 5.000 acre tract of land conveyed to Farmers Electric Coop., Inc., as recorded in Document No. 97- 0011473, Collin County Deed Records; THENCE North 87 degrees 46 minutes 54 seconds East, 1788.79 feet to a %2"iron rod found at the northeast corner of said 34.872 acre tract, said point being in the west line of a tract of land conveyed to Mary Lynn Matter as recorded in Volume 2139, Page 982, Collin County Deed Records, said point being in the west line of a 50 foot wide private street; THENCE along the east line of said 34.872 acre tract as follows: South 02 degrees 35 minutes 39 seconds East, 478.76 feet to a '/2 inch iron rod found for corner, said point being in the west line of said Matter tract; South 02 degrees 20 minutes 38 seconds East, 305.94 feet to a one inch iron pipe found at the southeast corner of said 34.872 acre tract, said point being the northeast corner of said 14.760 acre tract, said point being in the west line of that 1.657 acre tract of land conveyed to Martha S. Rosemond as recorded in Volume 3304, Page 82, Collin County Deed Records; Ordinance No.2005-30 Zoning Case 2005-05 THENCE South 02 degrees 13 minutes 15 seconds East, 328.99 feet to a'/2" iron rod found at the southeast corner of said 14.760 acre tract, said point being the northeast corner of said 14.755 acre tract, said point being in the west line of that 8.374 acre tract of land conveyed to Mary Lynn Matter as recorded in Volume 2139, Page 982, Collin County Deed Records; THENCE South 02 degrees 11 minutes 46 seconds East, 323.12 feet to a 60d Nail found at the southeast corner of said 14.755 acre tract, said point being the northeast corner of that 5.00 acre tract of land conveyed to Joe Tolleson, et us as recorded in Volume 4298, Page 1653, said point being in the west line of that called 46 acre tract of land conveyed to Neva Lou Kreymer and Robert Brooks Kreymer as recoded in Volume 2787, Page 251, Collin County Deed Records; THENCE South 88 degrees 02 minutes 41 seconds West, 1991.23 feet to a one inch iron pipe found at the southwest corner of said 14.755 acre tract, said point being the northwest corner of said 5.00 acre tract, said point being in the east line of Kreymer Lane; THENCE along the east line of Kreymer Lane as follows: North 02 degrees 15 minutes 04 seconds West, 322.40 feet to a '/2" capped iron rod found at the northwest for corner of said 14.755 acre tract, said point being the southwest corner of that 14.760 acre tract; North 01 degrees 46 minutes 10 seconds West, 317.13 feet to a'/2" iron rod found at the northwest corner of said 14.760 acre tract, said point being the southwest corner of said 34.872 acre tract; North 02 degrees 05 minutes 13 seconds West, 567.08 feet to the POINT OF BEGINNING and containing 2,804,731 square feet or 64.388 acres of land. Ordinance No.2005-30 Zoning Case 2005-05 ExtuBTT B PLANNED DEVELOPMENT STANDARDS Development shall take place in accordance with the attached Development Plan and the (SF- 8.5/17) Single Family Residential zoning district unless otherwise identified below. 1. Minimum Lot Size: 8,500 square feet. The minimum average lot size shall be 10,000 square feet. 2. Minimum Square Footage per Dwelling Unit: The average square footage shall be 2,400 square feet. 3. Alleys/Garage Doors: Alleys shall not be required. Garage doors directly facing the street shall be set back, at a minimum, six (6) feet behind the primary front facade of the house. If swing garages are used, they may be located in front of the primary front facade of the house. They will not however, be closer than the minimum front yard established in the zoning. Garage doors may directly face a side street without being set back an additional distance behind the façade of the house. 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SC.ux -e.000' 7 ' �' .sue-- — -- P.O.B. ,r„T 1 yp w • t0 0 . 5 1 I l > D > f ' � �� \� — ® r �� _ r ,7- ,. . it t Ir=✓: / - 1 ` i f I. 3 s >< I m 1 1 m ' > 1 i , 1 „ r� ' LEGEND s -,�q I I � I z_ 1 „ ' s 11 -; _�� —I - 1�i� �' " 11,000 SO1FT + LOTS T LOTS (109 LOTS: 56X) _ ` / !�h Ivy I T i- I 57 LOTS: 30R ��- �T i�f } \ to ` „ ` ,. r. 1. 1, „ „ 1 i- I----- u - 10.000 - 1.000 SO F ( ) • ! 8,500 - 10,000 SO FT LOTS (27 LOTS: 14%) 4 ,,a ._I I SITE DATA __ - TP&L EASEMENTS: 0.96 ACt { '• I > > . > o ! r L'2 I ,• MAJOR RICH-OF-WAY: 0.82 ACt e i F -) . \ I 't NET ACREAGE: 62.60 AC* e Li I TOTAL: 64.38 ACt I d „ 1 $ LOT DATA ,n �� „ ,: , 4 > sal :, ,A + +' I u Y 193 LOTS (8,500 SO FT MIN) 1 (10,000SOFTAVGMIN) = t k 3 UNITS/NET ACRE ! Y i i'6 .5' $ L „ ,A sc 11 a, I t. a m i n w 1 5+15S•1 DEVELOPMENT PLAN EXHIBIT C KREYAER TRACT •K!S.O C RACE Out OF M I 1�OTT OF YnPY CA1MCCIM�'.�A6~w 3S) I out Nowa-1E%AS.L70. 00101 S gra`w11.owl!,-.A WA)pF-y 3 doles t NOV.INC. s ronal/ElnlID i 1700 Dd.P-4eM 0.21e 200 h,y 1>F10A0 0-I2.grow MY OJe4Det Arm 11,2200 9r2 I N I 3 APPLICANT STATEMENT We are requesting to rezone approximately 63 acres of land from Agriculture to a Planned Development for a single family community. The property is located east of Kreymer Lane and south of Brown Street. The base zoning district for the planned development is proposed to be the SF-8.5/17 district. The following is a brief description of our proposal. The minimum lot size for the planned development will be 8,500 square feet. The minimum average lot size for the community however, will be established at 10,000 square feet. In addition, as depicted in the Development Plan (Exhibit C) greater than 56 percent of the lots within the community have a minimum lot size of 11,000 square feet. With respect to minimum house size, at present, the SF-8.5/17 zoning district requires a minimum house size of 1,700 square feet. In addition to this minimum requirement, we are proposing an average size of 2,400 square feet. Additionally, in coordination with our intent to not have alleys in this community, we are proposing garage doors cannot face the front of the lot unless the garage door is at least 6' behind the primary front facade of the house. This, in concert with the curvilinear street pattern and the use of swing garage configurations, will greatly minimize the impact of garage doors on the visual appeal of this community. We have oriented the lots so as to minimize this neighborhood's impact on adjacent neighbors as well as on the community as a whole. The perimeter lots on the northern, eastern, and southern boundaries of the property are generally the largest lots in the community and they are oriented such that they back to the adjacent properties. Meanwhile, the lots along the western boundary, which are immediately adjacent to Kreymer Lane side to the street. This, in combination with a 20' landscape buffer will enable Kreymer Lane to have a more attractive view corridor than it would have had if lots backed to Kreymer Lane. We feel that this development, as proposed, is compatible with the surrounding community whether it is the newly developed "suburban" areas to the west or north, or the more rural areas to the east and south. H0436 JUNE 17,2005 NOTIFICATION REPORT APPLICANT: Steve Topletz of DR Horton-Texas Ltd. APPLICATION FILE #2005-05 4306 Miller Road, Suite A Rowlett, Texas 75088 ® —17 FeM # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Steve Topletz 4306 Miller Road, Suite A 1 DR Horton-Texas Ltd. Rowlett, Texas 75088 Avalon Ph. 1 4306 Miller Road, Suite A 2 Blk B Lot 1 R-8490-00B-0010-1 DR Horton-Texas Ltd. Rowleff, Texas 75088 Avalon Ph. 1 4306 Miller Road, Suite A 3 Blk B Lot 2 R-8490-OOB-0020-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 Avalon Ph. 1 4306 Miller Road, Suite A 4 Blk B Lot 11 R-8490-00B-0110-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 Avalon Ph. 1 4306 Miller Road, Suite A 5 Blk B Lot 12 R-8490-00B-0120-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 Avalon Ph. 1 4306 Miller Road, Suite A 6 Blk B Lot 13 R-8490-00B-0130-1 DR Horton-Texas Ltd. Rowleff, Texas 75088 Avalon Ph. 1 4306 Miller Road, Suite A 7 Blk B Lot 14 R-8490-00B-0140-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 Avalon Ph. 1 4306 Miller Road, Suite A 8 Blk B Lot 31 R-8490-00B-0310-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 Avalon Ph. 1 4306 Miller Road, Suite A 9 Blk B Lot 32 R-8490-00B-0320-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 Avalon Ph. 1 4306 Miller Road, Suite A 10 Blk B Lot 33 R-8490-00B-0330-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 10200 Amwell Cove 11 Abst 688-5 Tract 125 R-6688-005-1250-1 Hardy Realty, Inc. Austin, Texas 78716 4306 Miller Road, Suite A 12 Abst 688-5 Tract 140 R-6688-005-1400-1 DR Horton-Texas Ltd. Rowleff, Texas 75088 4306 Miller Road, Suite A 13 Abst 688-5 Tract 141 R-6688-005-1410-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 3209 Ranch Drive /( 14 Abst 688-5 Tract 148 R-6688-005-1480-1 John Yates Garland, Texas 75041-4446 4306 Miller Road, Suite A 15 Abst 688-5 Tract 149 R-6688-005-1490-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 4306 Miller Road, Suite A 16 Abst 688-5 Tract 211 R-6688-005-2110-1 DR Horton-Texas Ltd. Rowleff, Texas 75088 4306 Miller Road, Suite A 17 Abst 688-5 Tract 212 R-6688-005-2120-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 PO Box 307 0 18 Abst 688-5 Tract 213 R-6688-005-2130-1 Richard Parker Wylie, Texas 75098-0307 1500 Kreymer Lane 19 Abst 688-5 Tract 217 R-6688-005-2170-1 Terrence Rowe Wylie, Texas 75098 4306 Miller Road, Suite A 20 Abst 688-5 Tract 219 R-6688-005-2190-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 3645 Touchstone Road 21 Abst 688-5 Tract 220 R-6688-005-2200-1 Timmy Kreymer Wylie, Texas 75098-5773 4306 Miller Road, Suite A 22 Abst 688-5 Tract 221 R-6688-005-2210-1 DR Horton-Texas Ltd. Rowlett, Texas 75088 1036 S. Kreymer Lane X23 Abst 688-5 Tract 223 R-6688-005-2230-1 Joe Tolleson Wylie, Texas 75098-5712 24 25 26 27 28 29 30 31 32 33 1 • A _ 1 i I I � .._.._.._ .4. _.. • 1 I r 1 ( I I ' JAC 1 A 1- (0a3-6 i ,�� r_ . _ . _ ` Si? 211 1 2/1 - Tr 220 •i '• 22i 1 i-e A60 ' ' -' - - ' . . ,., a \ ! r2/3 -..;_ n 5,5Aarc• '-Th T,. 2 J3 bj � • p c'D iii i3 i 0 . . - ' 3;1 32 Tr 2i.2.. p rly a sn. �%e.5 C- i Tr No i �yX 0 33 ._____..__________________. .._.,_...1 73)( /.654g A 688' • V • Tr12, 223X ii Al.itoeuF A. (erg-s r:X,,.r. lye_ ._,-, .X._' ,...__.:.,.. k _.. -ateW__i i;.. -4 ',gA�__...__.:. ...__-....,__.. ',.,..'__,'' ".. .„ x 4}.f.e..t 4`?`x...__....__.. -'....0__4-,..i , ..7...,5 4 x$y,., n`:a 4,. .__ .. ,,_ top , .. )1( os:-/ -elk X xrAA11U6T ZONING CASE #2005_05 • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North • Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, April 19,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,May 10, 2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas t eR"/L Name: , ,g'P.,,,--,z (please print) 1 Address: `,30 A- 3 307 Signature: /*-1144-"L(e ' Date: COMMENTS: , • 44 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 V I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: -� + to , —Tplease print) Address: f e % I c�` fNrs----, \)),, 7-)"(lc- . --1''‘ Signature: — !-4 p j Y Date:` / / //7/ (} S COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: l� , rn o Ie © (please print) Address: I tp J t0 S. , IQ NJ me r Q, -D( c5 09 5 Signature: Date: 1(:),5 COMMENTS: c" r + Z n n z h d UL5 c‘L, c,ou( \ E(ic 5 c , vet e '\�e ce \ C Irl n \crc\ ice�iae Lvs Ian e t acre_ dome_ S\ t is KreNirnec L cine .s , I/1act \fe ca I ,,are. hDmes on ' de \'l=. IU ' lI t11 -he 115, - C,oL -plc. pVfl Q r- ,rnoce f Lit Lcce , Vie need 4-11 e G i' j 0.arm ne cTs --i--o CC N i/ N U E -t hQ► c- "Oar) f o r ht 5 aceo Qod n - cr 11 \,tit --he. c k c\e ie IoPmere+ i nt( oc.XX acect t Qorn rnry 2onino) CC r n--)if tet on Uou.r —7 i ns i gPd o-C s () � tre ecc vQt- e AGAINBT the D . R . 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''''- -, (ii:,V67./i.41.4:',..:1.":4:>!::=.--1:,',..1.-',1,',', ... ..,.-.2'..'"'4,',:aiiW15',„ . :ij k ' !a - . 4tt .liv tiltik '.+ ,.! i ''-' 4 + t ' ,i �' 44• c ''� ' - • ' y r i 7 +� r '' . F Dy, t aY x ' —i.r A f x � : L ' x F �F " . • 6F ' '. y s > c. . ` . y,pLL1 I F ht � �:. t piLifrs ', xi ''Rs !!, T7 y N DISCLAIMER This data has been compiled for NCTCOG.Various NCTCOG Maps official and unofficial sources were used to gather this VW1/W.dfWmaps.com information.Every effort was made to ensure the accuracy of this data,however,no guarantee is given or implied as to the accuracy of said data. http://www.dfwmaps.com/print.asp?Layers=on&INDEX ORTHO_2003=on&AERIAL03... 6/20/2005 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning C ice#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12, 2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: / e y + Ion: O t,J 2--• (please print) C �- Address: 15 O O 1< • Joc Signature: ( d Date: O 0 COMMENTS: /] k-1711- AP14 U'(�. itt;:r .�aOL K. „at/4. ottbd in44- • Lite.atiL, i—Uv6 NiAL - / 1 � PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. x- I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday, April 19,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,May 10, 2005,6:00 pm ' Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: / Y v4 4 �,//ems. (please rint)Address: //O/Q Xf e /yf er Z4 e. Signature: Date: COMMENTS: e am0tin o '7/4 26-g < oc> A<._r S75cccT /41_5PS &Al0ce l ©•P ct (46,.‘.7�P.rl Zw1t7"15o41.174. e acYcii/iv") e/ saVe4:2./ 0fee AevAidi^e % reS . 4)Ay 64/r1 17 Ley// ,Or ese t :tse/1' OA/ elc,M 4 u-v, /7,'e /f 1/ea) L.0,7-4 <Q/Yf.'el' `Orne_s 04c1 J97S . 4 T� rr) j cace)/NS_/ QS mIC1 r7 101 C 5_ /A) e J me Q� 4)� CCi 1 Q e c) f' Gcct/i.fsy ,(/0✓ ry . PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 73 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12, 2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: £1 // --6 /14- 24 c42 6 /8 ,ti-,g,t'/ L. �L,e,,4,e (please print) / / Address: 2/ 7 c 5T7) t-' /€6 GJ /c= '/X 7S0 7)7 /-1 Signature: / 4(/ 4-'- /43N"\-C41\-4-%----A- ‘--1-4/\----4—' l /, Date: /0 S o COM,�MENTS: / 4 /9 �-Grp/ J.1 621/7�EYt- /z,. T//' R-icE1g. 2'u.�aL-.it -.J 0 T/ /�..,�9w/ CE e7- --j"//) ,? /i�r 4 i 87t�j/,t7J ?-4 e w/2le l.� 4 <i�riccv�,-Z T-j^f E 1 ?e7 n' T T/iF Ct G� GJc,e/E Cd,,,v .,EJ .., / '7,7+z- L�,J L /'rc cne6 .Es}a/'6 a GC///U,Li /A- Lf�T /r--c f1 <Je-L - v� T/f c--- ofrwlt-/�=71 -f x7c-?� " Avi-t e f/7G/lT ff2€ ..,1 Q it --?_,—/, 7��C J -iCe'i{. 2 !fm A � /U N OT -tyA2-e, ;_,, /7/4 J- Us. /f4v27 7 5e /iuc) T/ i*- �4iJ ax flc r a✓/n/ dh/- /1i,f 4 i 8i.t.7 --,-CriY,-E ///ce—it.r -/.3 CTL)/C --f5-0Z)K /`CN'%&—S -.1etsCE G.-.)eL-Ler/ A_-6 erIL.c. LT/YJ ' TX-e. E-. 74,f--r A&Qcc/,ZE 77,S7e �EZ /7'c7!J -7 / -Z7' /Leek crou./4-- & 77.1-&2 3 - , „5--n .-t-E (rt't l y /-1<ru-6) L, cx / E:S. 0^ L L-7L Zo rS. PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. XI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 73 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12, 2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: /////5 t/&' e/1 y (please print)• Address: 2/6 5 fi o 4 c. Rd et)///e- %X Se7 6) Signature: "�� • / 1,4 ratZ Date: 0 3- oa S COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case ` #2005-05. v I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12, 2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: K��I 2 n r , g e1 t ss G W al((e n (please print) Address: I b`\O 5 . R r e,i me.r 1,.,,a n C. \Nylit Ix 75Oc Signature: 1(1A. idtAAk_ Date: 3 ) -7 l OS COMMENTS: \IG QM anick' oyo10oSed -b Ass Z�n,�t ckczt�9c and develoor .ncyt rt�►� ►s b 4,31;cwl a(c.ct op— Space-S AloG ar Cc rn1-G.inS hciYic or I au- ar more. Vim. woj(cr Itte, +O Sec he- oat- rerrtQin . 0lir (aad s a od .kn - rdsirucAured cB t v c - 11arbd It 4hc- t Sed okcelst4I . CKA,i GI So f u ce. +ham ua Itt �+te- 't\ +0 +r t' r, �t s IJ.R . 1-k -forx � he. Gr�G due. Q v a d 01 has fv,4- G dan�erCu S de OYf j1 \ iRviler ( d I'eady i-k d eu el o p rr►ei t,-4- Uv; o a nMrno S +o v e, r- —fi he on I\I p I a r +0 dv V.\ rn; d d I o Kre r tr CLS h e.y proc.ccd '-'s -f-h deo e,L opmai f. s ola9 er and d n ey e.5a �h3r ic- y ou c,r rrnuc& ) 14A an cond titAlSSq Varr€*1 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case .)( #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: &f l'v iDj4n. eV4J — (please print) Address: ''',1, 0 / /c611)(1,k," --'Q 12)( r4 Fa X 6+S - 7 5 f Signature: ) tilirk.e, I Pf-47 Date: /1( dJ I COMMENTS: allit/Y ., -Vilk.k__) (9-11-1. t-A- L.-CAA-Le/A-a ar,711L,14-ert— _ JU) 4 iito'k- 2--- ,►..> -, 0 . QC, me a AP--zd cur&-L- . PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case z #2005-05. I am AGAINST the requested zoning as explained on the attached public no tice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12, 2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: A Y�r.l� H �',�Zv�_ . 1�6�( \kr�C_. (please print _ c- Address: I 3 j• Kc ((ti\ -c-- Signature: (` _ , (j-, Date: `) - cS COMMENTS: • l L�)r�z m L,,`;/ 007 L.`, c t Cc t ✓ (a i'"�('( l..C��C wz CC_ -`--?\ \A _ •'`plc' f w('„.. <( ;,--)e - 1 ('; 1-\ ^( 2 ciciC'__. 11 c:.,)- (:��,----(S, l t < Cr re r(t . i42_A i1 f-c —1-1 t� • - -k- ('\\. > ‘,-) t‹3l \-ik v-\(. 1 c,--)(' -hi-, - _(-. , -"TT\ev-C_ rz:).,Q_ ( 0(-(.. - Y(',1L j t, TAll S► rC -?. ( ,. 1 ( (\CI PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case i #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: A q) J ,-r' �`'C��t- (please print)d Address: ( e 126-uu n ,S'I Signature: c Date: 6 (i COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. t % I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12, 2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: /le ! (please print) Address: /g a t, —d C./11 Signature: "'/4 l ,ei LA. Date: z.-cf-Q COMMENTS: beL(7J PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case / #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas /� Name: �'t Y V{/, T-)e000-/— please p 'nt)J Address: 19 'S E. V I (A) (_11( Signature: "L'l al e,( t B.Sli A Date: 3 11 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. V I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12, 2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas n Name: ( _.1 L, 1 P49.t. (please print) Address: D 3 � P/ '�v', W -�st9-0 Signature: 7. CP-a— ),17 Date: 'cl'( COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. V I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas OName: aril► -tec� OcIw (please print) Address: 4/4- 0,6 L . 1 e( p cd e l y�. /t e Ts� 0 9,�Signature: tilt/ d 3/ Lr?.' Q_, , �t �_� l Date: — COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. f I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas / cif Name: / (/ f ! ( E 'L (please print) 1 Address: io z - eO(1/,L 1 c�Li✓ h-K- yLl� Signature: k,Q,Q __.• aJ. � - -os Date: � COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. / I am AGAINST the requested zoning as explained on the attached public notice for Zoning ('ace-#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: /9/1// - IyAbti 1 k fr_(2-TC (please print Address: ( 6 6 1 Signature: i u.V— d G'v LLB '/ Date: / / COMMENTS: ((((l PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: W [pit f1 "VS (please print) Address: /OO S 'KA � ) D& 7-5 e.4 Signature: Date: — g �lJ� COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case /#2005-05. '/ I am AGAINST the requested zoning as explained on the attached public notice for Zoning g Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas 0 &/ _} 1-1 `- ' Name: 4 s lease print) Address: l�d /� Signature: '>' Date: _' ' v COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning / Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (please p 'nt) / Address: �1 Cam- �.t-�.w-.. W , (..:(3...,, Signature: Date: / O816c COMM TS: .45-7A--d-A-) KLA,r4.-} i.-7,--) ---hrit-j-tk...) 0-"YL-el.A, -e_ ' : -L ...P-6_-7(...--a_e_---) .,C 41----71. /1.11-, LL).� Or..):::-/;,--o.) /X--- lam,`- , -,4 j r? PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas .� Name: MnIC J 1 C— o neS (please print) Address: 1O � I6-2 - La AL �,U 9 1( I s-Vcff Signature: 1,e,C:� Date: S COMMENTS: KAJ9 11M Ccur) rp2±- yyt.,76Lee. 4A.Q_ .-1.--raW,e, jit, .C,LeArdt--*/ Pad.? fiLe.ciofi ic_o_,(LJ ( k>QP fri aA - acda-ed ail adds .uia &e2 k)Q/ i.1 au (in- _ (3ncQ. rim 0s ,r)d_ r fc,( . urn/au De ,( - ? 4ru-LACtid_d_J) t MAR-9-2005 11:56 FROM: 9729841218 TO:19724291817 P:1/1 Mar 09 05 03:46p Kellen Cods Warren 9724291817 p, 2 • PUBLIC COMMENT FORM (fie o+pe or was black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 • I am FOR the requested zoning as explained on the attached public notice for Zoning Case 02005-05. lam AGAINST the requested zoning as explained on the attached public notice for Zoning Case 42005-05. Date.Location&Tune of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex.2000 Highway 78 North,Wylie,Texas Name: l 1 4 T 1 4 ROSE M ON (pleare priny Address: I Q g C 1 i,)4I. , -6. its Signature: 1 Y xt AzA_ Date: 3--oe- 0 q COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. VI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: C a rP 0// f-. f o cv e /./ (please print) Address: /D1 J S. Art ey ez- J N /„t,/es C . J� 75092 Signature: _,(1// Date: /0 j1l (27' D .5 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Name: V(), v� ( �� /\ b M (please print) Address: I La \I- \l Q`N yam"( Signature: Date: 1 i) COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 73 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Eve. ) 1 c,onck -"A (please pri Address: /O, . O ��� \1) J)1 QiY e Signature: U ( - Date: - / O — CY-5- COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. J1 am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 1)ou3 W0L (please print) Address: I O Z2 j k1 ry fi v 1L-CU\-12 LILkt Li 1Tx ' o9$ Signature: Cererp,etii Date: 319 jape COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-05. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-05. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date. Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: et ctka,V eL C oo I (please print) �/ Address: l Q 2Z Lac,'r uz4/ Lcui 1L U y (,c -e. 1 (Tx 47-50°�3 Signature: 42-Q12 Date: 3/q '-zoos COMMENTS: CITY OF WYLIE Item No. 2 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: July 12, 2005 Originating Department: Engineering Prepared By: Chris Hoisted Account Code No. #: Date Prepared: July 5, 2005 Budgeted Amount: N/A Exhibits: Display, Resolution AGENDA SUBJECT: Consider and act upon approval of Resolution No. 2005-22(R) approving an amendment to the City's Thoroughfare Plan setting the alignment for Alanis Drive. RECOMMENDED ACTION: Approval SUMMARY: The City's Thoroughfare Plan shows two major east-west roadways located south of Stone Road. Staff recommends these roadways be combined into one thoroughfare, which will connect to Alanis Drive in the Twin Lakes Subdivision. Three alignment options were presented to Council on June 30, 2005. Option 1 extends east across the Hood tract to FM 544, Option 2 extends east across the Hood and Rice tracts to FM 544, and Option 3 extends east across the Hood and Rice tracts to FM 544 generally at the Bozman Road intersection. The three options are graphically shown on the attached display. Staff recommends Option 1 due to the lowest construction cost and the impact to the fewest number of properties. APPROVED BY: Initial Date Department Director: CH \ 7/5/05 City Manager: AMR \ 9/a,6r RESOLUTION NO.2005-22(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RECOMMEND THE ALIGNMENT FOR ALANIS DRIVE FROM THE TWIN LAKES SUBDIVISION TO TROY ROAD. WHEREAS, Alanis Drive serves as a major east-west thoroughfare in the southern portion of the City; and WHEREAS, the existing thoroughfare plan shows two major thoroughfares serving this area; and WHEREAS, the City of Wylie has determined that combining the two major roadways will better serve the development in the area; and WHEREAS,three alignment alternatives have been presented for Alanis Drive as shown on Exhibit"A"; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: The City Council recommends Option for the future alignment of Alanis Drive. SECTION 3: This Resolution shall take effect immediately upon its passage. DULY PASSED AND APPROVED this 12th day of July, 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution No.2005-22(R) Amendment to Thoroughfare Plan Alignment of Alanis Drive EXHIBIT "A" Alignment Display Resolution No.2005-22(R) Amendment to Thoroughfare Plan Alignment of Alan is Drive :" r' s tw ,F� 1 �I i �' .� iS • :N .t� S:j,�t' f9 uK1' ;IF.' �y ,,Age 6.' wa tr$41E '..� 7}a" + , 4 y ;! ."' ! h; L ' 4. • t +' rr 1 Y. y °*a3" t a�� 'i r*ram t(YI'n 'r. MrWp`i N .fir _ a_ � .'¢ r'� �,^ • l a s P". mayy y i y fiT ..p ap ,� $'..ii� .as.�1'"4J �C .�.-- _ t}! t r'`.,� � '; • ' r ''.';',,, le ''7:::: -. .i -.,„ ' '''..,"- '7 ' : ' ''' +ems i1Mw."""' . fit ' lam+ r- y.8i. � �-�wr�..�^��f�tfy, �. � • 'e �� w �'4 ' (n vY1 .L'b iy� e � 44�n.i� �,, ; ,.'., �Y at 1,,,:l 'i ,aM.' •* ..iC s ,1 } r aw �.# -1 Ace ` a. tr,� ,,, *r, i .' 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"t:ff' iLa»4' la' h1i.. .A: �. -...:# ra,k� CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: July 12, 2005 Originating Department: Planning Prepared By: Claude Thompson Account Code No. #: Date Prepared: July 1, 2005 Budgeted Amount: Exhibits: 3 AGENDA SUBJECT: Consider and act upon approval of Ordinance No. 2005-31 abandoning the alley rights-of-way within Block 32 of the Railroad Addition, generally located in the southeast corner of State Highway 78 and South Ballard Avenue, and authorizing the City Manager to negotiate the sale of said rights-of-way to abutting property owners in accordance with State Law. RECOMMENDED ACTION: Approval. SUMMARY: The alleys are not required for public functions (if existing utilities are placed within easements), and the coordinated redevelopment of the block could encourage investment in the area and serve as an entry feature to the Downtown Historic District. The subject property was created by platting of the Railroad Addition, one of the oldest subdivisions within Wylie. Block 32 of the Railroad Addition is located in the southeast corner of State Highway 78 and South Ballard Avenue, and is bounded on the east by First Street and the south by Butler Street. The block is dissected by two unimproved alley rights-of-way. One runs approximately 300 feet in a north-south direction parallel to Ballard Avenue and First Street, and the other runs east-west approximately 215 feet across the northern portion of the Block. See the attached Location Map. A variety of utilities, including City water and sewer and private electricity, cable, gas and telephone, occupy the alleys. Block 32 is platted into multiple lots of varied size and configuration. The western portion of the Block is occupied by the vacant Wylie Supermarket. The southeastern portion is vacant, and used for heavy truck parking. The northwestern portion is triangular-shaped and occupied by a real-estate office. The northeastern portion is occupied by a Recreational Vehicle Park. Harry Tibbals, on behalf of the Milford Foundation who owns the property to both sides of the central north- south alley, has requested that the alleys be abandoned and offered for sale to adjoining property owners. City code (Ordinance No. 96-25) requires that the City convey, sell or exchange property from abandoned streets APPROVED BY: Initial Date Department Director: CT \ 7/01/05 City Manager: AMR \ 9A/or 1 AGENDA SUBJECT: Consider and act upon approval of Ordinance No. 2005-31 abandoning the alley rights-of-way within Block 32 of the Railroad Addition, generally located in the southeast corner of State Highway 78 and South Ballard Avenue, and authorizing the City Manager to negotiate the sale of said rights-of-way to abutting property owners in accordance with State Law. SUMMARY: (Continued) or alleys at fair market value. No appraisal has yet been completed for the subject tracts io declair a fair market value, but previous appraisals of similar rights-of-way in the vicinity have valued the such land at $5.75 per square foot. The three owners of property abutting these alleys have been informed of the requested abandonment, and questioned concerning their interest in purchase of their appropriate segments of the surplus right-of-way. At this writing, no response has been received from any of the owners. City staff has reviewed the request, and concludes that the alleys are not required for public access and may be abandoned. The existing utilities within the areas must be protected within easements by replatting or other legal instruments or relocated. The majority of the block is zoned Corridor Commercial (CC) District, allowing a diverse mix of commercial uses. The vacant Wylie Supermarket has been occupied by a number of uses over time, but does not comply with current development regulations. The RV Park is zoned Manufactured Housing (MH) District to accommodate its historic uses as such, but it does not comply with current code requirements. Replatting of the several lots into larger parcals to accommodate redevelopment will terminate the rights of these uses in the previous code regulations under which they were initiated, and all new development must comply fully with current development requirements. The conversion of this entire block, or a substantial portion thereof, could accommodate many types of compatible uses. The corridordinated redevelopment of this block can provide a quality southern entry to the Downtown Historic District. ORDINANCE NO.2005-31 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING THE PLATTED ALLEYS WITHIN BLOCK 32 OF THE RAILROAD ADDITION; PROVIDING THAT SAID ALLEY SHALL BE OFFERED FOR SALE TO ADJACENT PROPERTY OWNERS; AND PROVIDING AN EFFECTIVE DATE: WHEREAS, the property described herein is platted as two connecting alley rights-of- way, twenty (20) feet wide within Block 32 of the Railroad Addition, one beginning at the north right-of-way of Butler Street east of Ballard Avenue and running approximately 307 feet north through Block 32 to the south right-of-way of Masters Avenue, and the other beginning at the west right-of-way of First Street south of Masters Avenue and running approximately 175 feet west through Block 32 to the south right-of-way of Masters Avenue; and WHEREAS, the principal owner of property adjacent to said alley rights-of-way has requested that these alleys be abandoned and offered for sale according to State law to adjacent property owners, the owners of all adjacent properties having been notified to the potential for abandonment and conveyance of the appropriate alley right-of-way; and WHEREAS, the City of Wylie has determined that said alleys are no longer needed for public access purposes, provided that existing utilities located within said alleys are converted to easements through replatting or other legal instruments by the new owners acquiring said alley; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,THAT: SECTION 1: That the above described portions of alley rights-of-way are no longer necessary for public access purposes, provided that existing utilities shall be located within easements, and that said portion of alley should be abandoned in favor of adjacent property owners. SECTION 2: That this abandonment shall extend only to the public right, title and interest which the City of Wylie, Texas may have in and to said alley rights-of way, and shall be construed to extend only to such interest that the governing body of the City of Wylie may legally and lawfully abandon. Ordinance No.2005-31 Abandoning Alley ROW SECTION 3: That this ordinance shall be in full force and effect from and after its adoption by the City Council, as the law in such cases provides. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on thisl2th day of July, 2005. John Mondy, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—July 13, 2005 Ordinance No.2005-31 Abandoning Alley ROW Q off^' \ ' 'L.. I 1 I I 1 cn i I EM ` Birminghom Avenue - _ O n s ... _m ° . ` H6 Jackson LAiveniJek Jackson Avenue I ;, . - a i 1 II i (1IIIIIIII OIL \ . . l - Ballard Avenue Ballarc r 1 1 1 ! ` o �► N 0 111 r � . . first tre t AIL (/) First St . -t First rn Stre 0 ---\ .\ , c� Z Secon. Ltreed ` ` iiiMmilimommor D Second Street Sec III K III r -o h_ ird Sfreet Frill -TT x ...._.... 7 Third if; Street CD = 0 v/ _ , Vourth Stree , y \ cD Fourth D ree (-1; I I° N i I.nf-., rinbti-c."-y-cb 7.5-ogg incl z o 5 LA- /1):77' q- .tily;t:t) - Raart-ero-01, 5 2, 2 0th1tktdurtrc2j_ yi-z-)70 /31_,,tev_ a-71„, /t_A_u "1- L.-T-D 0 CO 0 CV WYLIE UNITED METHODIST CHURCH 0 wix Ln J>- _O APPLY 2" TY C HMAC SURFACE C'V `-� COURSE OVERLAY TO EXIST LANES. V+' — — — — — — — — — — — — — — — - N 240' TAPER (15:1) 50'TAN 180 TAPER 380' STORAGE -- 380'STORAGE _a.J.-- 112 DD_' _ I 1' 00- ;,15020 I Y Y --I18f00'1`'Y I1Ta0D(",1'' �.; "-19 N' 20+0�' ('r•. 21+00„.� ^,^!2'ar- ,��,^�.'�,2 , E"2 Ob. (�] L_ ... .. -i" R F"4 COUNTRY CLUB RD 0 1 �P� COUNTRY CLUB RD x (FM 1378) �� (FM 1378) U", STA±19+64.18, 37.50'RT OP 130 SY PAVEMENT REMOVAL RELOCATE EXIST SET BO OB EXIST SET TO REMAIN -STA 15+95.16, 4'RT EXTEND EXIST 18"0 RCP p - CL-CL STA 20+40 STA 14+15:16, 16' RT CULVERT±56 IF > STA 13+65.63, 16'RT .CO I -'I+ ' CL—CL STA 20+11 ,'-'� �C R=500' PC STA 20+11.42, 150' RT .. STA 11+25.63 lit NOTES: 1 RI% APPLY VARIABLE THICKNESS TY C • 1. PROFESSIONAL SURVEYING SERVICES WERE NOT PERFORMED d';\ HMAC SURFACE COURSE OVERLAY. FOR THIS SCHEMATIC LAYOUT. NO HORIZONTAL OR VERTICAL , `\ 268 LF PERM. BARRICADE CONTROL WAS ESTABLISHED FOR THIS SCHEMATIC LAYOUT. THIS I 4"SOLID WHITE LINE LAYOUT AND ASSOCIATED ESTIMATED QUANTITIES WERE PREPARED FIELD VERIFY LOCATION OF FROM NCTCOG GIS DATA AND FIELD OBSERVATIONS AND SHOULD HIGH POINT IN PARK BLVD. ,„ 2 4"SOLID YELLOW LINES BE FIELD VERIFIED. QUANTITIES, STATIONS AND OFFSETS NOTED ADJUST APPROACH LENGTH Q 90'RIGHT Of WAY TO ENSURE PARK BLVD y� PT STA 20+19.27, 236.80' RT ARE FOR REFERENCE ONLY AND SHOULD BE ADJUSTED AS TIE-IN POINT ALLOWS FOP. j�1 I PC STA 20+33.30, 315.0T RT o PARK PROP PMR 0 w o REQUIRED TO ACHIEVE THE DESIRED RESULTS. PAVEMENT TO DRAIN TO THE EAST ALONG PART; CL R_____ I -` PC STA 20+33.30, 315.07' RT 18' 2' 12' I 12' 2.5' 12.5' 12.5' 12.5'' BLVD AND TO THE WEST �— - I 8 i 4 b ' Q I ,...I 2. FIELD VERIFY DRAINAGE PATTERNS AND ENSURE POSITIVE ALONG THE NORTH GUTTER PT STA 20+41.14, 401.87' RT — — ]:1�A% . LINE OF PARK BLVD. +� N DRAINAGE ALONG EXIST/PROP SWALES AND PAVEMENT SURFACES. u CELL FOR MLCH SEED EXISTSUBS/// PAVEMENT k 3:1 MAX SUBGRPDE TO REMAIN N I PROP 2'TY COURSE PROP.VARIABLE THICKNESS TY C HMAC SURFACE COURSE S 180' TAPER 50'TAN 240'TAPER (15:1) MAIME C 1'THICKNESS AT cL 2 TACK COAT PRIME COAT J• 00 90'RICHT OF WAY PROP 4'TY B HMAC PRBASE COMPACTED TO 915%ED tI SURFACE COURSE - STANDARD PROCTOR Z. W -0 �_®®��®���®®®®�1 !. -e �O Cl LEFT TURN FLUSH # ; FM MEDIAN PAVEMENT 7 J�`c`- -'-- ���„�-------- I= 13YB MARKINGS PER TWIDT &I SECTION B—B (PARK BLVD) v ^ - .. I ' PM(41-03 STANDARD N.T.S. h� n� 31' COUNTRY CLUB RD =;E I a Est, CITY OF WYLIE U (FM 1378) STA 28+97.15 6 PAVEMENT er.. ..;5, DEPARTMENT OF Y STA 26+57.15, 16' RT I Ds' IDSEwcOF MIIT RODEO S I ,.._...................... ENGINEERING I I 2DO 1 fw.......9,••Err 1.' i � 41k4,� =., 9110 2000 STATE HIGHWAY 78 NORTH STA 26+07.15 I' ',,/ , PO PHONE:972-4 75098 42-8109 `— ExlsT PUMT a "� HIGTXAY78 SUBCRADE i0 REMAIN %I/� STA 25+50, ±38.00' RT /• C of Wylie PROP 2-TY C HMAC CELL FBR MICH SEED FAX:9724424302 .� EXTEND EXIST 27"0 RCP CULVERT SURFACE COURSE 3:1 MAX y��� t16 LF&CONST. TxDOT TYPE GRAPHIC SCALE •IN o so 100 zoo �����1R BUCHER,WILLIS&RATLIFF TACK COAT SELECT FILL MATERIAL CH—PW-0 CONC HEADWALL. COMPACTED To 95%STD 1"=100' Y INSTALL±15 CY OF GROUTED PROP 4-TT B HMAC PROCTOR DENSITY 1111111M CORPORATION COMMON STONE RIPRAP AROUND PROP 6'SS LIME STABILIZED ENGINEERS I PLANNERS I ARCHITECTS i SURFACE COURSE THE HEADWALL STRUCTURE. PRIME COAT BASE COMPACTED TO 95%STANDARD PROCTOR el40 WALNUT HILL LANE 3U[I'P 900 DALLAS.TX]5]3121<-J'I3Tg2J _ STA 24+27.15, 12' RT OATS RENSONS BY DESIGN: MAE DRAWN: MAE CITY OF WYLIE DNWG SECTION A—A (FM 1378) a. "6 N.T.s. PAVING SCHEMATIC FOR TEMP TRAFFIC REVIEW: DATE: 4i2v0s .roe No.___ 8 PROJECT: 20050134.01 HORZ.SCALE:1-m100' SIGNAL AT FM 1378&PARK BLVD FILE: Po„"9 Schematic 03.a.R PERT.SCALE N/A I CITY OF WYLIE Item N 4 City Secretata ry's Use Only COUNCIL AGENDA ITEM Council Meeting Of: July 12, 2005 Originating Department: Engineering Prepared By: Chris Hoisted Account Code No.#: Date Prepared: July 5, 2005 Budgeted Amount: N/A Exhibits: Proposal AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute a Change Order, in the amount of $307,220.65, to Site Concrete, Inc. for the construction of turn lanes and a traffic signal at the intersection of FM 1378 and Park Blvd. RECOMMENDED ACTION: Approval SUMMARY: On January 13, 2005, the Texas Department of Transportation (TxDOT) approved a traffic signal warrant study for the intersection of FM 1378 and Park Blvd. Bucher, Willis & Ratliff Corporation was hired by the City to design the signal and associated roadway improvement as shown on the attached sketch. The project was submitted to Site Concrete for pricing and a copy of the proposal is also attached. TxDOT will fund the entire cost of the project, however, the installation would not take place for at least two years. If the City funds the project, it can be installed in approximately 12 weeks. The 1999 Bond program included funds for intersection improvements such as traffic signals. The funds available from the program are as follows: FUNDING SOURCES Current Bond Fund Balance $6,900,000 2003 County Bond—Ballard Ave. $1,370,000 Interest Earned $ 500,000 TOTAL $8,770,000 REMAINING PROJECTS Alanis Drive Paving and Drainage Imp. $3,550,000 FM 1378—City Match $1,032,000 APPROVED BY: Initial Date Department Director: CH \ 7/5/05 City Manager: \ -7/84&" AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute a Change Order, in the amount of$307,220.65,to Site Concrete, Inc. for the construction of turn lanes and a traffic signal at the intersection of FM 1378 and Park Blvd. SUMMARY: (Continued) Ballard Ave. Paving and Drainage Imp. $3,100,000 Sidewalks $ 450,000 Intersection Improvements $ 307,000 TOTAL $8,439,000 The proposed improvements are temporary and will be replaced as part of the FM 1378 paving project which is currently scheduled for construction in 2008. JUN-03-2005 FRI 01 :13 PM SITE CONCRETE FAX NO. 972 513 0661 P. 01 SITE CONCRETE, INC. PROPOSAL To: City of Wylie 2000 Hwy 78 North 05/26/05 Wylie, TX 75098 #181-05 Fax: 972-442-5461 Attn:G.A. Davis,Jr. We propose to furnish all labor,materials, and equipment necessary to construct,as an independent contractor,the following described work: LOCATION: FM 1378 at Park Blvd.Traffic Signal in Wylie,Texas. DESCRIPTION 1 PREP ROW APPROX. 1 STA @ $10,000.00 $10,000.00 2 MOBILIZATION APPROX. 1 LS @ $15,000.00 $15,000.00 3 BARRICADES,SIGNS AND TRAF HANDLE APPROX. 1 MO @ $3,500.00 $3,500.00 4 CONDUIT(PVC)(SCHD 40)(1") APPROX. 73 LF @ $3.25 $237.25 5 CONDUIT(PVC)(SCHD 40)(2") APPROX. 665 LF @ $3.90 $2,593.50 6 CONDUIT(PVC)(SCHD 40)(3") APPROX. 0 LF @ $0.00 7 CONDUIT(PVC)(SCHD 40)(4") APPROX. 0 LF @ $0.00 8 CONDT(RM)(2") APPROX. 102 LF @ $8.65 $882.30 9 CONDT(RM)(4") APPROX. 9 LF @ $26.00 $234.00 10 ELEC CONDUCTOR(NO.6)BARE APPROX. 28 LF @ $0.55 $15.40 11 ELEC CONDUCTOR(NO.6) INSULATED APPROX. 56 LF @ $1.15 $64.40 12 ELEC CONDUCTOR(NO.8)BARE APPROX. 0 LF @ $0.00 13 ELEC CONDUCTOR(NO.8)INSULATED APPROX. 819 LF @ $0.80 $655.20 14 GROUND BOX TY A(122311)W/APRON APPROX. 8 EA @ $403.00 $3,224.00 15 GROUND BOX TY C(162911)W/APRON APPROX. 1 EA @ $441.00 $441.00 16 ELEC SRV TY T 120/240 000(NS)GS(T)TP(0) APPROX. 1 EA @ $4,068.00 $4,068.00 17 INSTAL OF HWY TRAF SIG(ISOLATED) APPROX. 1 EA @ $34,028.00 $34,028.00 18 BACK PLATE(3 SEC)(12 IN) APPROX. 4 EA @ $67.00 $268.00 19 BACK PLATE(4 SEC)(12 IN) APPROX. 2 EA @ $72.00 $144,00 20 BACK PLATE(5 SEC)(12 IN) APPROX. 2 EA @ $83.00 $166.00 21 VEH SIG SEC(12 IN)LED (HOUSING ONLY) APPROX. 30 EA @ $198.00 $5,940.00 22 VEH SIG SEC(12 IN)LED(GRN ARW) APPROX. 4 EA @ $133.00 $532.00 23 VEH SIG SEC(12 IN)LED(GRN) APPROX. 8 EA @ $171.00 $1,368.00 24 VEH SIG SEC(12 IN)LED(YEL ARW) APPROX. 4 EA @ $93.00 $372.00 25 VEH SIG SEC(12 IN)LED(YEL) APPROX. 6 EA @ $100.00 $600.00 26 VEH SIG SEC (12 IN)LED(RED) APPROX. 8 EA @ $83.00 $664.00 27 TRAF SIG CBL(TY A)(7 CNDR)(12 AWG) APPROX. 208 LF @ $1.10 $228,80 28 TRAF SIG CBL(TY A)(9 CNDR)(12 AWG) APPROX. 216 LF @ $1.30 $280.80 29 TRAF SIG CBL(TY C)(2 CNDR)(18 AWG) APPROX. 2,134 LF @ $0.80 $1,707.20 30 VEH LP DETECT(SAWCUT) APPROX. 910 LF @ $5.40 $4,914.00 31 SPREAD SPECTRUM RADIO APPROX. 1 EA @ $3,580.00 $3,580.00 32 ANTENNA(UNIDIRECTIONAL) APPROX. 1 EA @ $353.00 $353.00 33 COAXIAL CABLE APPROX. 16 LF @ $3.30 $52.80 34 REMOVING STAB BASE&ASPH PAV(2-6") APPROX. 130 SY rn $16.00 $2,080.00 35 EMBANKMENT(FINAL)(DENS CONT)(TY A) APPROX. 2,200 CY @ $11.00 $24,200.00 36 BLADING APPROX. 21 STA @ $275.00 $5,775.00 37 CELL FBR MLCH SEED(PERM)(URBAN) APPROX. 4,600 SY @ $0.20 $920.00 (CLAY) 38 VEGETATIVE WATERING (140 MG/AC) APPROX. 133 MG @ $50.00 $6,650.00 39 LIME APPROX. 58 TON cY $110.00 $6,380.00 40 LIME TREATMENT(NEW BASE)(6") APPROX. 3,970 SY @ $2.50 $9,925.00 41 PRIME COAT(MC-30) APPROX. 1,200 GAL @ $2,15 $2,580.00 42 D-GR HMA(METH)(TY-B)(PG 64-22) APPROX. 815 TON @ $49.00 $39,935.00 ' JUN-03-2005 FRI 01:13 PM SITE CONCRETE FAX NO, 972 513 0661 P. 02 43 D-GR HMA(METH)(TY-C)(PG 76-22) APPROX. 1,275 TON @ $59.00 $75,225.00 44 RIPRAP(STONE COMMON)(GROUT)(6") APPROX. 15 CY @ $150.00 $2,250.00 45 RC PIPE(CL III)(18") APPROX. 56 LF @ $45.00 $2,520.00 46 RC PIPE(CL III)(27") APPROX. 16 IF @ $60.00 $960.00 47 HEADWALL(CH-PW-0)(DIA=27") APPROX. 1 EA @ $1,800.00 $1,800.00 48 TEMP SEDIMENT CONTROL FENCE APPROX. 200 LF @ $2.20 $440.00 49 REF PAV MRK TY II(W)(4")(SLD) APPROX. 4,260 LF @ $0.55 $2,343.00 50 REF PAV MRK TY II(W)(8")(SLD) APPROX. 760 LF @ $1.00 $760.00 51 REF PAV MRK TY II(W)(24")(SLD) APPROX. 115 LF @ $3.50 $402,50 52 REF PAV MRK TY II (W)(ARROW) APPROX. 4 EA @ $44.00 $176.00 53 REF PAV MRK TY II (W)(WORD) APPROX. 4 EA @ $72.00 $288.00 54 REF PAV MRK TY II (Y)(4")(SLD) APPROX. 7,540 LF @ $0.60 $4,524.00 55 REF PAV MRK TY II (Y)(24")(SLD) APPROX. 765 LF @ $3.50 $2,677,50 56 REFL PAV MRKR TY I-C APPROX. 38 EA @ $9.00 $342.00 57 REFL PAV MRKR TY II-A-A APPROX. 260 EA @ $6.50 $1,690.00 58 PAV SURF PREP FOR MRK(4") APPROX. 11,800 LF @ $1.25 $14,750.00 59 PAV SURF PREP FOR MRK(8") APPROX. 760 LF @ $0.30 $228.00 60 PAV SURF PREP FOR MRK(24") APPROX. 880 IF @ $1.35 $1,188.00 61 PAV SURF PREP FOR MRK(ARROW) APPROX. 4 EA @ $11.00 $44.00 62 PAV SURF PREP FOR MRK(WORD) APPROX. 4 EA @ $13.50 $54.00 Total: $307,220.65 If rock excavation is required,it will be ripped at$3.75/CY. Pricing is subject to change after 30 days. EXCLUDES: INCLUDES: . 'Engineering Sates Tax on Non-Incorporated Job Material only Inspection Fees • Staking Geotechnicat Testing Manhole Adjustments Erosion Control Storm Water Pollution Prevention Plan and Reporting Construction Material Testing Payment, Performance&Maintenance Bonds Storm Drain TV Testing Landscaping/Irrigation Select Fill Payments shall be made on measured quantities of work completed. Work completed will be billed on the 25th of each month with payment due by the 10th of the following month. Partial payments shall be made monthly for 90%of the work completed during the preceding month. Final payment shall be made in cash upon completion or partial completion,with interest at maximum allowed by law charged thirty days thereafter. Stoppage of work for the convenience of the customer shall be considered as partial completion and full payment shall be due for all work done. ACCEPTED: , / f �,, W BY: SITE CE"'J"'RETE, INC. 3340 ROY ORR BOULEVARD DATE: GRAND PRAIRIE,TEXAS 75050-4207 972-313-0733 FAX#972-513-0825 BANK REF: ESTIMATING FAX#972-513-0661 CONSTRUCTION DOCUMENTS FOR PAVING IMPROVEMENTS AT FM 1378 & PARK BLVD CITY OF WYLIE, TEXAS CRY of W.Ylie 24 MAY 2005 Prepared by: MIND BUCHER, WILLIS & RATLIFF IIWIL CORPORA 110 N ENGINEERS 1 PLANNERS 1 ARC.HI I EC:IS Project No.: 2005-0134.01 PROPOSAL FOR PAVING IMPROVEMENTS AT FM 1378 & PARK BLVD. ITEM DESC ESTIMATED DESCRIPTION UNIT UNIT PRICE TOTAL NUMBER CODE QUANTITY 105 2011 REMOVINGSTAB BASE AND ASPH PAV(2"-6") SY 130 132 2002 EMBANKMENT(FINAL) (DENS CONT)(TY A) CY 2,200 150 2001 BLADING STA 21 164 2027 CELL FBR MLCH SEED(PERM)(URBAN) (CLAY) SY 4,600 168 2001 VEGETATIVE WATERING MG 133 260 2002 LIME TON 58 260 2007 LIME TRT(NEW BASE)(6") SY 3,970 310 2001 PRIME COAT(MC-30) GAL 1,200 340 2011 D-GR HMA(METH)TY-B PG64-22 TON 815 340 2066 D-GR HMA(METH)TY-C PG76-22 TON 1,275 432 2017 RIPRAP(STONE COMMON)(GROUT)(6 IN) CY 15 464 2003 RC PIPE(CL III) (18 IN) LF 56 464 2006 RC PIPE(CL III) (27 IN) LF 16 466 2126 HEADWALL(CH-PW-0) (DIA=27 IN) EA 1 500 2001 MOBILIZATION LS 1 d 502 2001 BARRICADES, SIGNS AND TRAFFIC HANDLING MO 3 506 2034 TEMPORARY SEDIMENT CONTROL FENCE LF 200 666 2145 REFL PAV MRK TY II(W) 4" (SLD) LF 4260 ° 666 2153 REFL PAV MRK TY II(W) 8" (SLD) LF 760 666 2158 REFL PAV MRK TY II(W)24" (SLD) LF 115 666 2160 REFL PAV MRK TY II(W) (ARROW) EA 4 666 2173 REFL PAV MRK TY II(W) (WORD) EA 4 666 2178 REFL PAV MRK TY II(Y) 4" (SLD) LF 7540 666 2185 REFL PAV MRK TY II(Y)24" (SLD) LF 765 BUCHER,WILLIS RATLIFF CORPORATION P:\2005-0134-Wylie\01.TempTrafSgnl\MUN\EXCEL\Final Paving Cost Estimates.xls PAGE 1 OF 2 i ITEM DESC ESTIMATED DESCRIPTION UNIT UNIT PRICE TOTAL NUMBER CODE QUANTITY 672 2012 REFL PAV MRK TY I-C EA 38 672 2015 REFL PAV MRK TY II-A-A EA 260 678 2001 PAV SURF PREP FOR MRK(4") LF 11800 678 2003 PAV SURF PREP FOR MRK(8") LF 760 678 2006 PAV SURF PREP FOR MRK(24") LF 880 678 2007 PAV SURF PREP FOR MRK(ARROW) EA 4 678 2018 PAV SURF PREP FOR MRK(WORD) EA 4 TOTAL I ESTIMATED NUMBER OF DAYS TO PERFORM WORK: i SUBMITTED BY: E f 1 { BUCHER,WILLIS RATLIFF CORPORATION P:\2005-0134-Wylie\01.TempTrafSgnl\MUN\EXCEL\Final Paving Cost Estimates.xls PAGE 2 OF 2 QUANTITY SUMMARY U DESCRIPTION N TOTAL ITEM DESC SP I NO CODE NO T ESTIMATED FINAL 105 2011 __ REMOVING STAB BASE & ASPH PAV (2"-6") SY 130 __ 132 2002 __ EMBANKMENT (FINAL) (DENS CONT) (TY A) CY 2,200 __ 150 2001 -- BEADING STA 21 -- 162 2027 -- CELL FBR MLCH SEED (PERM) (URBAN) (CLAY) SY 4,600 __ 168 2001 __ VEGETATIVE WATERING (140 MG/AC) MG 133 __ 260 2002 __ LIME TON 58 __ 260 2007 __ LIME TREATMENT (NEW BASE) (6") SY 3,970 __ 310 2001 -- PRIME COAT (MC-30) GAL 1,200 -- 340 2011 -- D—GR HMA (METH) (TY—B) (PG 64-22) TON 815 __ 340 2066 __ D—GR HMA (METH) (TY—C) (PG 76-22) TON 1,275 __ 432 2017 __ RIPRAP (STONE COMMON) (GROUT) (6") CY 15 __ 464 2003 __ RC PIPE (CL III) (18") LF 56 __ 464 2006 -- RC PIPE (CL III) (27") LF 16 __ 466 2126 -- HEADWALL (CH—PW—O) (DIA=27") EA 1 -- 500 2001 __ MOBILIZATION LS 1 __ 502 2001 _— BARRICADES, SIGNS & TRAFFIC HANDLING MO 3 __ 506 2034 __ TEMP SEDIMENT CONTROL FENCE LF 200 __ 666 2145 __ REF PAV MRK TY II (W) (4") (SLD) LF 4,260 __ 666 2153 __ REF PAV MRK TY II (W) (8") (SLD) LF 760 __ 666 2158 __ REF PAV MRK TY II (W) (24") (SLD) LF 115 __ 666 2160 __ REF PAV MRK TY II (W) (ARROW) EA 4 __ 666 2173 -- REF PAV MRK TY II (W) (WORD) EA 4 __ 666 2178 __ REF PAV MRK TY II (Y) (4") (SLD) LF 7,540 __ 666 2185 __ REF PAV MRK TY II (Y) (24") (SLD) LF 765 __ 672 2012 __ REFL PAV MRKR TY I—C EA 38 __ 672 2015 __ REFL PAV MRKR TY II—A—A EA 260 __ 678 2001 -- PAV SURF PREP FOR MRK (4") LF 11,800 __ 678 2003 -- PAV SURF PREP FOR MRK (8") LF 760 -- 678 2006 __ PAV SURF PREP FOR MRK (24") LF 880 _- 678 2007 __ PAV SURF PREP FOR MRK (ARROW) EA 4 __ 678 2018 __ PAV SURF PREP FOR MRK (WORD) EA 4 __ MlII$ BUCHER, WILLIS & RATLIFF QUANTITY SUMMARY CITY OF WYLIE 1M111Ph\ CORPORATION DEPARTMENT OF ENGINEERS I PLANNERS I ARCHITECTS PAVING SCHEMATIC FOR ENGINEERING 8140 WALNUT HILL LANE SUITE 900 DAJ 1 4S,TX 75231 214-373-7873 TEMP TRAFFIC SIGNAL AT 2000 STATE HIIG Tex Y75 78 NORTH WYLIE,PREPARED: APRA 21,2005 OWN BY: MAE BWR JOB NO.2005-0134.01 FM 1378 &PARK BLVD City of Wylie PHONE:972-442-8109 FAX:972-442-4302 REVISED APRIL25.4005 CMK BY' J50 fit E"Pan.SdematirI,e" o c o N WYLIE UNITED I METHODIST CHURCH wI vt rM o U I APPLY 2" TY C HMAC SURFACE CI COURSE OVERLAY TO EXIST LANES. _ '® — — — - CV 240'TAPER(15:1) 50' TAN 180' TAPER 380' STORAGE _ 380' STORAGE o -Y t T•+OQ( r I'1T 00 'Y 1. 00 1 r�"19.00 r'.21400 22 00• ..-'-2}10D• z 00' •, V] --- '- ---- —._ --- - — - - - t.— . _ _ _ -- a COUNTRY CLUB RD �� `� :. COUNTRY CLUB RD 'T•' (FM 1378) (FM 1378) H STA±19+64.18, 37.50'RT 4.OP 130 SY PAVEMENT REMOVAL RELOCATE EXIST SET OB -� OB EXIST SET TO REMAIN -STA 15+95.16, 4' RT EXTEND EXIST 18"0 RCP 6 _- CULVERT±56 LF > CL-CL STA 20+40 STA 14+15:16, 16'RT -I I' \CL-CL STA 20+11 STA 13+65.63, 16'RT ^' 1F C R=500' ,� PC STA 20+11.42, 150'RT STA 11+25.63 IX k NOTES: 1 t \ APPLY VARIABLE THICKNESS TY C 1. PROFESSIONAL SURVEYING SERVICES WERE NOT PERFORMED ;j '\\ HMAC SURFACE COURSE OVERLAY. FOR THIS SCHEMATIC LAYOUT. NO HORIZONTAL OR VERTICAL : 268 LF PERM. BARRICADE CONTROL WAS ESTABLISHED FOR THIS SCHEMATIC LAYOUT. THIS " I 4" SOLID WHITE LINE LAYOUT AND ASSOCIATED ESTIMATED QUANTITIES WERE PREPARED FIELD VERIFY LOCATION OF 2 4"SOLID YELLOW LINES HIGH POINT IN PARK BLVD. I r FROM NCTCOG GIS DATA AND FIELD OBSERVATIONS AND SHOULD I 90 RGHiO WAY ADJUST APPROACH LENGTH BE FIELD VERIFIED. QUANTITIES, STATIONS AND OFFSETS NOTED TO ENSURE PARK BLVD EIlt PT STA 20+19.27, 236.80' RT a PROP CL MST ARE FOR REFERENCE ONLY AND SHOULD BE ADJUSTED AS T E-IN POINT ALLOWS FOP. 1 PC STA 20+33.30, 315.07'RT PARK BLVD PARK BLw REQUIRED TO ACHIEVE THE DESIRED RESULTS. PAVEMENT TO DR PN TO It I THE EAST ALONG NATO 500' ` PC STA 20+33.30, 315.0T RT 18 2 t2 12' 2.5' 125' 12.5' t2.5'� CL R= BLVD AND TO THE WEST b l 4 PT STA 20+41.14, 401.67' RT 311�A% LINE OF PARK BLVD. ,-, 2. FIELD VERIFY DRAINAGE PATTERNS AND ENSURE POSITIVE ALONG THE NORTH GUTTER - - ---1 N DRAINAGE ALONG EXIST/PROP SWALES AND PAVEMENT SURFACES. I CELL FBR MLCH SEED DOST PAVEMENT n T 3:1 MA% SUBGRADE TO REMAIN I `a I I PROP COURSE PROP'VARIABLE THICKNESS TY N — — 1 C HMAC SURFACE COURSE — — — — — — MAINTAIN 1.THICKNESS AT CL. - 180' TAPER 50'TAN 240'TAPER (15:1) TACK coos PRIME COAT PROP TY B HMAC PROP 6'5%UNE STABILIZED 00 90•RIGHT OF WAY BASE COMPACTED TO 95% �1 SURFACE COURSE STANDARD CL LEFT NRN FLUSH PROCTOR ♦ , ' I;I. FM MEDIAN PAVEMENT'(C� 0 1378 MARKINGS PER T%DOT 21 SECTION B-B(PARK BLVD) PM(4)-03 STANDARD N.T.S. e I 0 31 x r r r n ;1'--- 01 CITY OF WYLIE x COUNTRY CLUB RD ti "..,..:1,, DEPARTMENT OF 2 U (FM 1378) STA 28+97.15 PAVEMENT EIOST GE of pVtwr oENING fw:Tocr'�`eiTaio¢f EPARTI IENT SAKLUT NEB t'2O0F t' ' f :. 92829 :'i g STA 26+57.T 5, i6' RT _I 1_ :. STA 26+07.7 5 ice"` �^T+�:'.- 2000 ST WYLTE TE.HWAY 78 NORTH �i r - ExIST Pvui i •��_� ° c�Af W]'LIE,TX 75096 11411111111°. STA 25+50, t38.00' RT su6cRADE To REMAIN , It�i �,�/ PHONE:972a42-BIOS PROP 2'1Y C HMAC CELL A% MLCH SEED �„ vi City of Wylie FAX:972-042-0302 EXTEND EXIST 27"0 RCP CULVERT SURFACE COURSE 3:1 FD y11.-(25- T ±16 LF&CONST. TXDOT TYPE TACK COAT SELECT FILL MATERIAL GRAPHIC SCALE 100 0 50000 200 BUCHER WILLIS&RATLIFFN CH-PW-O CONC HEADWALL. COMPACTED To 9sz STD t'=100' ' ��1int CORPORATIO f INSTALL t15 CY OF GROUTED Paw a-TY B HMAC PROCTOR DENSITY l COMMON STONE RIPRAP AROUND SURFACE COURSE PROP 6'5%LIME STABILIZED ENGINEERS 1 PLANNERS 1 ARCHITECTS THE HEADWALL STRUCTURE. PRIME cony SASE COMPACTED TO 95z STANDARD PROCTOR 9140 WALNUTNILL LANE SUITE 900 DALLAS.TX 7523121a-3734673 STA 24+27.15, 12' RT SECTION A-A FM 1378) DATE REVISIONS BY_ DESIGN: MAE DRAWN: MAE CITY OF Wn.1E [V. N.rs( PAVING SCHEMATIC FOR TEMP TRAFFIC RENEW: Jam(' DATE: 4/21/05 .roe No._ PROJET: 005013a.Ot HOR2.SCALE'. 1=100 '( SIGNAL AT FM 1378&PARK BLVD FILE: .;.a s,NemoY*03 a.a vERT.SCALE:N/A 1 CITY OF WYLIE Item No. 5 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: July 12, 2005 Originating Department: Planning Prepared By: Claude Thomason Account Code No.#: Date Prepared: July 1, 2005 Budgeted Amount: Exhibits: 2 AGENDA SUBJECT: Consider and act upon approval of Ordinance No. 2005-32 adopting changes and additions to the Consolidated Fees and Charges ordinance (ordinance No. 98-16) for certain zoning and platting fees and development resource materials. RECOMMENDED ACTION: Approval. SUMMARY: The Consolidated Fees and Charges Ordinance (Ordinance No. 98-16) regulates the fees and charges which the City staff may charge for services rendered to the public. A survey comparing Wylie's fees for land planning, subdivision and development-related services to those charged by neighboring cities is attached. Wylie's current fees are among the lowest in the region, at least one-third of those charged by other cities. Additionally, we do not currently charge for some common services for which other cities require a fee (such as annexation and Council-waivers of alleys and PD acreage requirements), nor for staff consultations and verification of property information (such as zoning, floodplain, utilities). We also absorb much of the cost of State-required notification (expenses for postage and legal publication alone exceeded our total revenue from applications by eighteen percent in 2004 —partially due to the increasing number of readvertisements required by tabling and reconsideration of the same application). The proposed increase in planning-related application fees and charges for resources, as detailed in the attached Ordinance, will establish local fees comparable to regional averages. These new fees will beome effective immediately. Zoning and subdivision fees are a legitimate cost-of-business for land development, and the increases can be shared by later users of the development. On the other hand, variances (by the ZBOA) more often impact local existing and marginal operations, and these are proposed to remain at their currently-lower and more- comparable fee level. APPROVED BY: Initial Date Department Director: CT \ 7/01/05 City Manager: \ /8, ORDINANCE NO. 2005-32 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, COMBINING AND AMENDING SECTION 8.00 (ZONING AND PLATTING FEES) AND SECTION 11.00 (COPYING CHARGES) OF ORDINANCE NO. 98-16 (CONSOLIDATED FEES AND CHARGES/FEE SCHEDULE ORDINANCE); PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie ("City Council") has adopted Ordinance No. 98-16 (Consolidated Fees and Charges Ordinance), including certain administrative fees for zoning and subdivision activities as Sections 8.00 and 11.00; and WHEREAS, the City Council has determined it to be advantageous and beneficial to increase said fees in order to help defray the City's cost for processing and recording, plan review and project inspection, and publication and notification. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: Findings Incorporated. The findings set forth above are incorporated into the body of this ordinance as if fully set forth herein. SECTION 2: Amendment to Ordinance No. 98-16, Section 8.00 (Zoning and Platting Fees) and Section 11.00 (Copying Charges). Section 8.00 (Zoning and Platting Fees) and Section 11.00 (Copying Fees) of Wylie Ordinance No. 98-16 (Consolidated Fees and Charges/Fee Schedule Ordinance) are hereby combined as new Section 8.00 and amended to read as follows: SECTION 8.00 ZONING AND PLATTING FEES SERVICE FEE Zoning Change Application(Including Standard Districts, Planned Development Districts and Special Use Permits) $325 + $15/acre Zoning Change Renotification/Republication (when application is tabled by City or applicant) $200 Site Plan Application $250 Preliminary Plat Application $200 + $12/acre Final Plat/Amended-Replat/Minor Application $325 + $25/acre Annexation Application $200 Variance Application—ZBOA and all others (ie; Council waive PD acreage, alleys,parking) $100 Verification Letter(zoning, Comp Plan, utilities) $50 Ordinance No.2005-32 Amending Ordinance 98-16 MATERIAL FEE Comprehensive Plan $10.00 + sales tax Zoning Ordinance and Map $20.00 + sales tax Subdivision Regulations $15.00+ sales tax Prints of Plats and As-Builts (24 x 36) $3.00/sheet+ sales tax Special-Area Study Map (8%2 x 11 to 24 x 36) $5.00/sheet+ sales tax City-Wide Planning Maps (Land Use, Zoning, Thoroughfare, Development Trends, City Limits) $15.00/sheet+ sales tax CD Copies (scanned plats, as-builts) $5.00 each+ sales tax SECTION 3: Savings/Repealing Clause. Wylie Ordinance No. 98-16 shall remain in full force and effect, save and except as amended by this or any other ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on thisl2th day of July, 2005. JOHN MONDY, Mayor ATTESTED TO AND CORRECTLY RECORDED BY: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—July 13,2005 Ordinance No.2005-32 Amending Ordinance 98-16 1 Planning and Zoning Fee Schedule Comparison te, 447/ �°/ / , / ' / , / / o �o �c c a VI �c ° Qom° �o • 125+2.00 per lot or Res-250+15 per lot Res-100+5/lot Res-100+4/lot 200+7/lot Res-100+15lot Preliminary Plat 5.00/acre Corn-150+15 per acre Com-100+30/acre Corn•100+35/acre 300 min.fee 250 Multi-100+3/unit 200+1 yacre Res-250 500+3/lot Com-100+15/acre Res- <6 acres-300+5/lot Res- 6-15 acres-400+5 <25 acres-250+5/lot 16-100 acres-500+5 25-50 acres-300+5 100+acres-600+5 Res-500+20/lot 50-100 acres•350+5 150+3.00 per lot or Res-350+25 per lot Multi•100+3/unit 150+7/lot Res-500+SAot Res-100+20/lot Plat 7.00/acre Corn-200+25per acre Corn- Multi-500+10/unit Multi-100+5/unit 325+25/acre 100+acres-400+5 <6 acres-200+30/ac Estate-30/acre 200 min.fee Corn- 600+3/1ot Com•100+35/acre Com-500+50/acre Corn-100+40/acre 6-15 acres-300+30/ac <5 acres-250+25/acre 16-100 acres-400+ 5-50 acres-300+25 30/ac 50-100 acres-350+25 100+acre-500+30/ac 100+acres-400+25 <6 acres-250 Site Plan 75+10.00 per acre 250 250 6-15 acres-400 400 part of building permit 1 10,0001sf-s -,00 no fee 10,001 sf-25,000-300 16-100 acres-500 process 100 per acre 250 25,001 sf -75,000-350 500 100+acres-600 >75,001 sf-400 0-25 acres-200+25 <6 acres-250 325+15/acre Res-500+10/acre 6-15 acres••500 26-50 acres-250+25Res-550+50 dep <50 acres-500+ up to 250 acres <5 acres-500 Corn-500+10/acre 16-100 acres-750 +8/acre 51-75 acres-300+25 500+10/acre Corn•1,050+50 dep postage5-50 acres-750 Zoning Change SUP•350+10/acre 100-150 acres•1,500 500+10/acre SUP Pot Club-550 >50 acres-500+ thereafter 5 650+ 76-100 acres-350+25 SUP-400+5/acre 0-100 acres-1,000 100+acres-400+25 SUP existing-250 150-200 acres-1,750 SUP Other-1,050 10/acre+postage SUP-250 , postage Zoning sign-200 200+acres-2,000 P g 100 acres-1,250 SUP-same as ZoningRefundable Sign-50 SUP-200+postage SUP-350 _ SUP Pvt Club-500 0-25 acres-350 Planned 26-50 acres-400 51-75 acres-450 500+10/acre same as ZoningChange same as Zoning same as Zoning 1,200+10/acre+ same as Zoning Development g Change 1,100 1,500 t,2oo+ 76-100 acres-500 9 Change postage Changepostage 100+acres-550 Variance 100 100 100 150 300 125 150+postage 50 Res-50 250 Zoning 25 within 1 week - Corn•100 0 50 50 within 1 day 50 0 0 50 15 50 0 Verification Ltr. 100 immediately Planning and Zoning Fee Schedule Comparison 1 I °� <<° Qtpo�' o'° °oc° m/ Q VaC,°Q Qom° �cy /1 0- moo; Q Preliminary Plat 325 1,750 600 500 900 250 1,600 500 250 800 748 43.5%of avg. Final Plat 450 2,850 1,000 2,500 850 1,000 2,100 950 750 900 1,335 33.6%of avg. Site Plan 325 250 500 400 no fee part of building 2500 250 250-400 based on permit sq.ft. 500 622 52.3%of avg. Zoning Change 225 750 750 750 750 600 650+ 500+postage 700 750 633 33.5%of avg. postage E Planned 350 Development 750 750 750 1,100 600 1,200+postage 700 1500 1,200+ postage 905 38.7%of avg. 6 Variance 100 100 100 150 300 125 150+postage 50 50 250 157 63.7%of avg. Zoning Verification Ltr. 0 50 25-100 50 0 0 50 15 50 0 27 Cost comparisons based on a 25 acre tract with 100 lots for residential or a single tract for commercial project. Planning and Zoning Fee Schedule Comparison <�°/ / , / S / /, / ,oCP m Cj ia �' o mac, ° 4.1/4;/ -+ 125+2.00perlotor Res-250+154Z"Preliminary Plat per lot Res-100+5/lot Res-100+q/lot 200+7/lot Res-100+15/lot 5.00/acre Corn-150+15 per acre Corn-100+30/acre Corn-100+35/acre 300 min.fee 250 Multi-100+3/unit 200+1 yacre Res-250 Corn-100+15/acre 500+3/lot Res- <6 acres-300+slot Res- 6-i 5 acres-400+5 <25 acres-250+5/lot 16-100 acres-500+5 25-50 acres-300+5 150+3.00per lot or 100+acres-600+S Res•500+20/lot Final Plat Res-350+25 per lot Multi-100+3/unit 150+7/lot Res-500+5/lot Res-100+20/lot 50-100 acres-350+5 7.00/acre Corn-200+25 per acre Corn- Multi-500+10/unit Multi-100+5/unit 325+25/acre 100*acres-400+5 <6acres-200+30/ac Estate•30/acre 200 min.fee 600+3/lot Corn-100+35lacre Corn-500+50/acre Corn-100+40/acre Corn• 6-15 acres-300+30/ac <5 acres-250+25/acre 16-100 acres-400+ 5-50 acres-300+25 30/ac 50-100 acres-350+25 100+acre-500+30/ac 100+acres-400+25 <6acres-250 t Site Plan 75+10.00 per acre 250 6-15 acres-400 <10,000 sf-250 16-100 acres-500 400 no fee part of process building permit per250 10,001 sf-25,000 -300 100 acre 100+acres-600 25,001sf-75,000-350 500 0-25 acres-200+25 <6 acres-250 >75,001 sf-400 Res-500+10/acre 6-15 acres-500 325+15/acre 26-50 acres-250+25 Res-550+50 dep <50 acres-500+ up to 250 acres 51-75 acres-300+25 Corn-500+10/acre 16-100 acres•750 <5 acres-500 Zoning ChangeSUP-350+10/acre 100-150 acres-1,5C0 500+10/acre Com-1,050+50 dep postage +8/acre 5-50 acres-750 76 100 acres-350+25 SUP-400+5/acre 500+10/acre SUP Pvt Club-550 >50 acres-500+ thereafter 5650+ 100+acres-400+25 SUP existing-250 150-200 acres-1,750 0-10a acres-1,000 Zoningsign-200 SUP Other•1,050 10/acre+postage SUP-250 >100 acres-1,250 postage SUP-same as Zoning g 200+acres-2,000 Refundable Sign-50 SUP-200+postage SUP-350 SUP Pvt Club-500 0-25 acres-350 Planned 26-50 acres-400 Development 51-75 acres•450 500+10/acre same as ZoningChange same as Zoning same as Zoning 1,200+10/acre+ 76 100 acres•500 g Change 1,100 Change same as Zoning 1 500 + t 100+acres-550 g postage Change postage Variance too 10o t00 150 300 125 150+postage 50 Res-SO Ontng 25 within i week Corn-100 250 Verification Ltr. 50 100 immediately 0 50 50 within 1 day 0 0 50 15 50 0 EI Planning and Zoning Fee Schedule Comparison .e, / 4. / / , / ' / , /> / OJ �c /1/ e°s' Q� 1 Preliminary Plat 325 1,750 600 500 900 250 1,600 500 250 800 748 43.5%of avg. Final Plat 450 2,850 1,000 2,500 850 1,000 2,100 950 750 900 1,335 33.6%of avg. Site Plan 325 250 500 400 no fee part of building 2500 250 250-400 based on permit sq.ft. 500 622 52.3%of avg. I Zoning Change 225 750 750 750 750 600 650+ 500+postage 700 750 633 postage 33.5%of avg. Planned 350 Development 750 750 750 1,100 600 1,200+postage 700 1500 1,200+ 905 postage 38.7%of avg. Variance 100 100 100 150 300 125 150+postage 50 50 250 157 63.7%of avg. 1 Zoning Verification Ltr. 0 50 25-100 50 0 0 50 15 50 0 27 i Cost comparisons based on a 25 acre tract with 100 lots for residential or a single tract for commercial project. CITY OF WYLIE Item No.City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: July 12, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: July 5, 2005 Budgeted Amount: Exhibits: One AGENDA SUBJECT: Consider and act upon Ordinance No, 2005-33 denying an annual Gas Reliability Infrastructure Program (GRIP) rate increase request of Atmos Energy Corporation, Mid-Tex Division. RECOMMENDED ACTION: Approve. SUMMARY: On December 17, 2004, Atmos Energy Corporation, Mid-Tex Division (the "Company"), formerly known as TXU Gas, filed with the City of Wylie (the"City") a request for an annual Gas Reliability Infrastructure Program (GRIP) rate increase for customers on the Company's statewide gas utility system. The City timely acted to suspend the effective date of Atmos' proposed rate increase, and joined other cities in a coalition known as Atmos Cities Steering Committee ("ACSC"). Counsel for ACSC has reviewed the Company's filing has recommended denying the Company's GRIP rate increase as it is unjustified, unreasonable, and non-compliant with the GRIP statute. Note: Denial of the Company's GRIP rate increase request will not cost the City any money. APPROVED BY: Initial Date Department Director: \ City Manager: 18IQ \ 7/5/05 ORDINANCE NO. 2005-33 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM (GRIP) RATE INCREASE IN THIS MUNICIPALITY, AS A PART OF THE COMPANY'S STATEWIDE GAS UTILITY DISTRIBUTION SYSTEM; APPROVING COOPERATION WITH OTHER CITIES WITHIN THE ATMOS ENERGY CORP., MID-TEX DIVISION DISTRIBUTION SYSTEM AS PART OF THE ATMOS CITIES STEERING COMMITTEE (ACSC); AUTHORIZING ACSC TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION; AUTHORIZING INTERVENTION AS PART OF ACSC IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; APPROVING COSTS INCURRED AS REASONABLE AND PROVIDING A REQUIREMENT FOR PROMPT REIMBURSEMENT OF COSTS; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION. WHEREAS, on or about December 17, 2004, Atmos Energy Corp., Mid-Tex Division, (the "Company") filed with the City of Wylie ("City"), a request pursuant to Texas Utilities Code § 104.301 for an annual gas reliability infrastructure program (GRIP) rate increase for customers on the Company's statewide gas utility system to be effective February 15, 2005, and subsequently extended that effective date until March 4, 2005, for some cities on its system ; and WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's request as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code §§ 102.001(b) and 103.001; and WHEREAS, the City timely acted to suspend the effective date of Atmos' proposed rate increase; and WHEREAS, it is reasonable for the City of Wylie to cooperate with other cities in a coalition of cities in opposition to the Company's filing at the Railroad Commission ("Commission"), said coalition being known as Atmos Cities Steering Committee ("ACSC"), in any appeal of the cities' actions to the Commission; and WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right to intervene in rate proceedings filed at the Railroad Commission; and WHEREAS, the Texas Utilities Code § 103.022 provides that costs incurred by the City in ratemaking activities are to be reimbursed by the regulated utility; and Ordinance 2005-2005-33 Denying ATMOS Energy Rate Increase(GRIP) 1 WHEREAS, ACSC's rate case expenses incurred in this proceeding are reasonable and should be reimbursed by the Company; and WHEREAS, counsel for ACSC, upon review of the Company's filing and upon consultation with various consultants, recommends finding that the Company's proposal is unjustified, unreasonable and is not in compliance with the GRIP statute (Texas Utilities Code § 104.301) either in fact or in law; and WHEREAS, information provided by the Company in response to ACSC's requests for information indicates that the Company actually decreased per-customer investment in infrastructure during calendar year 2003; and WHEREAS, the Company has publicly stated that it will receive substantial profit in 2005 over that approved by the Commission in GUD No. 9400; and WHEREAS, the Company's GRIP request fails to account for growth in numbers of customers, thereby undercounting the revenues it will receive from its proposed GRIP rate increase; and WHEREAS, the Company's GRIP request fails to recognize that GUD No. 9400 rates included profit based on TXU Corporation's capital structure rather than Atmos Energy Corp.'s current capital structure, which justifies a lower rate of return; and WHEREAS, the information reviewed by the ACSC consultants indicates that implementation of the Company's GRIP request would result in further over-earning by the Company above that approved by the Commission in GUD No. 9400; and WHEREAS, in consideration of the city taking action before August 12, 2005, on the currently pending GRIP request, the Company has agreed not to file any additional GRIP requests before September 15, 2005. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. That the Company's GRIP rate increase request is found to be unjustified, unreasonable and in violation of the GRIP statute and is therefore denied in all respects. The defects in the request include, but are not limited to, the following: (a) the Company improperly calculated its 2003 rate base; (b) the Company included in its calculation projects unrelated to system improvement; (c) the Company failed to recognize the increased revenues it is now receiving due to increased rates approved by the Commission in GUD No. 9400 and due to customer growth; (d) information supplied by the Company indicated that the Company actually decreased its per-customer investment in infrastructure in calendar year 2003; (e) approval of the Company's GRIP request would result in over-earning by the Company in the year of implementation; and (I) the Company has failed to demonstrate that it meets the statutory prerequisites to qualify for a GRIP rate increase or that its proposed method of implementation of the GRIP statute constitutes a constitutional application of the statute. Ordinance 2005-2005-33 Denying ATMOS Energy Rate Increase(GRIP) 2 SECTION 2. That the City is authorized to cooperate with other Cities within the Company's Distribution System that have formed ACSC to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the City regarding reasonable rates and to direct any necessary litigation associated with an appeal of this ordinance to the Commission. SECTION 3. That the costs incurred by ACSC in reviewing the Company's GRIP request and representing ACSC in this proceeding are hereby found to be reasonable and, upon submission to the Company, shall be promptly reimbursed by the Company. SECTION 4. That the City is authorized to intervene in any appeal of the city's action filed at the Commission, and to participate in any such appeal as a member of ACSC. SECTION 5. That this Ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. SECTION 6. That it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. SECTION 7. That a copy of this ordinance, constituting final action on the Company's application, shall be forwarded to the appropriate designated representative of the Company within 10 days as follows: Richard Reis, Manager, Gas Regulation, Atmos Energy Corp., Mid- Tex Division, Lincoln Center II, 18th Floor, 5420 LBJ Freeway, Dallas, Texas, 75240. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 12th day of July, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wylie News—July 13,2005 Ordinance 2005-2005-33 Denying ATMOS Energy Rate Increase(GRIP) 3 CITY OF WYLIE Item No. 7 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: July 12, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: July 5, 2005 Budgeted Amount: Exhibits: Three AGENDA SUBJECT: Consider and act upon the WITHDRAWAL of a request from Blackland Prairie Playground Foundation to fund the remaining cost of construction of the Pirate Cove Playground in the amount of$35,000. RECOMMENDED ACTION: Approve. SUMMARY: On June 14, 2005, the Blackland Prairie Playground Foundation made a request for funding to the City Council. After some discussion, the City Council made a motion to table action on the item until the July 12, 2005 City Council meeting. In so doing, the City Council requested the Foundation prepare a Fundraising Plan for collecting additional moneys to satisfy the remaining debt on the playground as well as a legal opinion from the City Attorney on the City's ability to contribute. (Attached hereto is a copy of the City Attorney's legal Opinion on this matter.) On June 29, 2005, the City Manager's Office received a letter from Ms. Anne Hiney, on behalf of the Foundation, requesting that the item be withdrawn. In addition, she submitted a copy of their Fundraising Plan for City Council information. APPROVED BY: Initial Date Department Director: \ City Manager: \ 7/5/05 .., At Blackland `, 4io, } Prairie Playground 1� A 01 Foundations'.. Blackland Prairie Playground Foundation Pirate Cove Playground in Founders Park - Community Built Playground Project PO Box 484 Wylie, Texas 75098 • 972.672.4133 •fax 972.442.9848 June 29,2005 Dear Mayor and Council, The Blackland Prairie Playground Foundation respectfully withdraws our request for the city to contribute to the funding of Pirate Cove Playground. Attached for your information is our fundraising plan through the end of the year. Due to the continued efforts and new commitments of dedicated individuals working to raise the remaining$35,000 we believe additional funds from the city should not be needed. We appreciate your considering our initial request and understand the concerns and reservations that exist. Arrangements have been made with the two companies with outstanding invoices for payment. Respectfully, Anne Hiney NON PROFIT 501(c)(3) ORGANIZATION Imagined by Our Children — Built by Our Community www.wylieplaygroundproject.org • wylieplayground@yahoo.com Blackland Prairie Playground Foundation Fundraising Plan for July thru December 2005 Solicitation from local homebuilders and other business and corporate sources $10,000 July Glow in the Dark Necklace Sales $1500 Face Painting $500 Goodie Bag Sales $200 July Jubilee Dunking Tank $250 August "Write a Check" Luau $5000 Sepember Ranch Rodeo Craft Booth Sales $2000 October Halloween Haunted House $10,000 Golf Marathon $10,000 November Night Golf Tournament $2500 Total Projected Income $41,950 ABERNATHY ROEDER BOYD JOPLIN•P.C♦ 1700 Redbud Boulevard, Fax 214.544.4040 Box 1210•McKinney,Texas 75070-1210 Metro 214.544.4000 ATTORNEYS AT LAW JULIE Y.FORT jfort@abernathy-law.com Direct Dial 214.544.4039 June 30, 2005 ATTORNEY CLIENT PRIVILEGE ATTORNEY WORK PRODUCT Mayor John Mondy, The Honorable City Council Members and Mark B. Roath City of Wylie 2000 State Highway 78 North Wylie, Texas 75098 Re: Request for Monitary Assistance from Blackland Prairie Foundation Pirate Cove Playground in Founders Park Dear Mayor, City Council Members and Mr. Roath: It is our understanding from information received from the City staff that Blackland Prairie Foundation("Foundation") was created by citizens for the purpose of raising funds and recruiting volunteers to build a community playground. The City provided space for the playground to be built in a City park with the understanding that the City would own the playground upon completion. The fund-raising,donation of supplies,purchase of supplies and labor was all done or organized through the Foundation by community volunteers with no involvement by the City. The playground has been completed, and the Foundation does not have the funds to pay for two outstanding invoices owed by it, one for approximately$25,000.00 for lumber and the other for approximately$10,000.00 for ground cover. Our office was not asked to,and we did not,evaluate the collections and expenditures of the Foundation related to the playground. Miss Anne Hiney,with the Foundation,told me that the total costs for the playground were $125,000.00. However,it is my understanding that the cost is significantly less than the City could have purchased the playground for,and that cost does not represent the value of volunteer and labor and supplies contributed to the construction of the playground. According to Ms.Hiney,the lumber invoice is for lumber that is a very high quality grade and not available at local home improvement stores. The Foundation stated that it requested four bids on the lumber. One person was unable to respond because it did not carry the lumber,and the other three provided bids. The lumber was not 386342.1 Mayor John Mondy, The Honorable City Council Members June 29, 2005 Page 2 purchased until approximately one year after the bids were received, but the lowest bidder still honored the price it had previously quoted, despite intermittent price changes in the cost of the lumber. You have asked our office to determine whether there are any legal prohibitions against the City paying the approximately $25,000.00 owed by the Foundation for the lumber and the approximately$10,000.00 owed by the Foundation for ground cover. Two legal issues raised by this question are(1)whether the funds are being used for a public purpose,and(2)whether expenditure of the funds would violate the competitive bidding requirements in Chapter 252 of the Texas Local Government Code. The Texas Constitution prohibits the City from spending public money in aide of an individual or corporation. Thus, the principal constitutional concern raised by your question is whether expenditures for the lumber and ground cover would be an unconstitutional use of funds for a private person. Spending public funds for a legitimate public purpose to obtain a clear public benefit is not an unconstitutional grant of public funds. See the Texas Attorney General Opinion GA-0078 and the case is cited therein. Whether payments for the lumber and ground cover by the City would serve a public purpose is a determination that must be made by the City Council. For purposes of determining whether a statute accomplishes a public purpose,the Texas Supreme Court test stated the following three part test: (1) There must be assurances that the predominant purpose is not to benefit private parties; (2) The City must retain sufficient control over the funds to ensure that the public purpose is accomplished and to protect the public's investment; and (3) It must determined that the City will receive a return benefit. It is up to the City Council to determine whether a public playground built in a public park by the Foundation, at a cost that the City may not have otherwise obtained the playground, falls within the three criteria, thus making the payment for the lumber and/or the playground cover a constitutional grant of public funds. The determination should be made in a public meeting,and the City Council should specifically state whether or not it finds a public purpose. If the City Council does not find a public purpose, the City should not pay the requested amounts. If the City Council determines that the payments to the Foundation for the lumber and the ground cover constitute a public purpose,it may next determine whether making the payments would violate the competitive bidding requirements of Chapter 252 of the Local Government Code. The law is not clear whether Chapter 252 applies to an after-the-fact situation such as this. However, the most conservative approach is to assume that Chapter 252 does apply. 386342.1 Mayor John Mondy, The Honorable City Council Members June 29, 2005 Page 3 As a general rule,the City must obtain bids before it enters into any contract that requires an expenditure of more than$25,000.00. Section 252.022 of the Local Government Code lists general exceptions to the rule requiring competitive bidding. One of the exceptions is that bids do not have to be made for items that are available from only one source. It is up to the City Council to make a determination, based on the facts available, as to whether the playground structure built by volunteers would have been available from a source other than the volunteers and/or whether the services provided in managing the construction of the playground would have been available from another source. The Local Government Code provides examples of things that may be considered as being available from only one source,but the example list is not all inclusive. One of the examples given as something that is available from only one source is"management services provided by a nonprofit organization to a municipal museum, park, zoo, or other facility to which the organization has provided significant financial or other benefits". It may be that you are able to determine that the services provided by the Foundation in managing the construction of the playground and/or the playground structure itself are from a sole source. If you determine that the Foundation provided management services and that the services are from a sole source, and you would like to pay compensation for those services, you may authorize a reasonable payment to be made. You must determine whether$35,000.00 is a reasonable fee for the management services. If the Foundation requests that the payment to it for management services be made directly to a vendor to which it owes money,such an arrangement would be legally acceptable. We suggest such a request be in writing. Furthermore, if you determine that the playground structure is from a sole source,and you would like to pay compensation for the structure, you may authorize such payment to be made. If the Foundation requests in writing that the payment to it for the structure be made directly to a vendor to which it owes money, such an arrangement would be legally acceptable If you need any additional information or have questions, please do not hesitate to contact me. Very truly yours, Julie Y. Fort JYF/kb 386342.1