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08-14-2018 (City Council) Agenda Packet Wylie City Council NOTICE OF MEETING Regular Meeting Agenda August 14, 2018 - 6:00 p.m. Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Matthew Porter Place 2 Jeff Forrester Place 3 Candy Arrington Place 4 Timothy T.Wallis, DVM Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Stephanie Storm City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Presidents Cup National Champions-Wylie Youth Soccer Association and MutinyFC Club August 14,2018 Wylie City Council Regular Meeting Agenda Page 2 of 5 CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of July 24, 2018 Regular Meeting and July 26,2018 Special Called Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, approval of a Final Plat for Inspiration, Phase 5A-3 consisting of 3.125 acres to establish single-family residential lots for a master planned development within Wylie's ETJ, generally located north of Parker Road (F.M. 2514) on Inspiration Blvd. (R. 011ie, Development Services Director) C. Consider, and act upon, approval of a Final Plat for Shervin Addition, creating one lot on 0.13 acres, generally located south of the intersection of State Highway 78 and Williams Street(405 Williams St.). (R. 011ie, Development Services Director) D. Consider, and act upon, Resolution No. 2018-29(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement by and between the City of Wylie and the City of Lucas for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services first responder general fire services. (B. Parker, Fire Chief) E. Consider, and act upon, the vendor application for the Fall Fire Classic Softball Tournament event to be held at Founders Park on October 28, 2018. (R. Diaz, Parks & Recreation Director) F. Consider, and act upon, the award of bid #W2018-80-A for Mudjacking Services in the estimated annual amount of$75,000.00 to Goliath Foundation Repair,LLC and authorizing the City Manager to execute any and all necessary documents. (G. Hayes, Purchasing Manager) REGULAR AGENDA 1. Hold a Public Hearing and consider, and act upon, a change in zoning from Neighborhood Services (NS) to Planned Development Single-Family/Community Retail (PD-SF/CR) to allow for a 116 single-family lease development with commercial uses on a 14.235 acre tract of land generally located on the southeast corner of Country Club Road and Park Boulevard. (ZC 2018-08) (R. 011ie, Development Services Director) Executive Summary The Applicant is proposing a planned development to allow for a single-family style multi-family development of 116 units that will also include commercial uses. August 14, 2018 Wylie City Council Regular Meeting Agenda Page 3 of 5 2. Hold a Public Hearing and consider, and act upon, an amendment to PD 2017-17 to allow on street parking for Amenity Centers. Property generally located at the southwest corner of Hensley Lane and Woodbridge Parkway. (ZC 2018-10) (R. 011ie, Development Services Director) Executive Summary The applicant is requesting to amend PD 2017-17 which was approved in June of 2017 to allow for townhome style development on the subject tracts. The purpose of the amendment is to allow for on-street parking at the Amenity Centers of Tract A-3 and A-4. The Zoning Ordinance, Section 7.3, states that required parking is located off-street. 3. Hold a Public Hearing and consider, and act upon, an amendment to Planned Development 2018-06, Section II.11 to set forth conditions for parking and street design on Street D, generally located northeast of the intersection of South Ballard and Pleasant Valley Road. (ZC2018-11) (R. 011ie, Development Services Director) Executive Summary The applicant is requesting to amend an existing Planned Development Ordinance to allow for street parking on one side of the street. Street D will be 27.5 feet of ROW and 21 feet of concrete pavement curb to curb as listed in Section II. Special Conditions line item 11. 4. Consider, and act upon, Resolution No. 2018-30(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2018-2019, accepting the calculation of the effective tax rate, establishing dates for public hearings on the proposed property tax rate, and providing for the publication as provided by the Texas Local Government Code, Section 140.01.0. (M. Beard, Finance Director) Executive Summary The City is required by law to follow certain meeting and notice (publication) guidelines identified in the "Truth in Taxation" guide. In accordance with the "Truth in Taxation" laws of the State of Texas, the effective and rollback tax rates and other information must be published and two public hearings must be held if an entity's proposed tax rate exceeds the lower of either the effective tax rate or the rollback tax rate. This year's effective tax rate is $0.725848 and the rollback tax rate is$0.770094. 5. Consider, and act upon, approval of Resolution No. 2018-31(R) authorizing the City Manager to execute a Public Works Mutual Aid Agreement by and between the City of Wylie and North Central Texas Participating Local Governments and/or Public/Political Sub-Divisions located wholly or partially within the State of Texas. (T. Porter, Public Works Director) Executive Summary Based on lessons learned from several past natural disasters and large scale incidents,Public Works support has been identified as a necessary resource which needs a more regional approach to coordination. As a result,the North Central Texas Public Works Emergency Response Team(PWERT)was created to provide public works assistance when an emergency or disaster overwhelms local resources especially within the North Central Texas region. While it was formed by and for local governments and operates on a voluntary quid pro quo basis, the team is supported and facilitated by the NCTCOG Emergency Preparedness Department. PWERT first deployed in response to resource requests during the April 3, 2012 tornado outbreak and continues to grow to meet regional needs as illustrated in the most recent regional response to the December 26th Tornadoes affecting Rowlett,Garland,Red Oak,Glenn Heights and Sunnyvale. August 14, 2018 Wylie City Council Regular Meeting Agenda Page 4 of 5 6. Consider, and act upon, the appointment of two City Council Members for the Parks, Recreation, and Open Space Master Plan Steering Committee. (R. Diaz, Parks & Recreation Director) Executive Summary The City Council received a memo on July 20, 2018 outlining the process for Parks,Recreation, and Open Space Master Plan update. Included in that memo staff noted that the plan consultant, Dunaway Associates, has recommended a Steering Committee be formed to follow the plan process from beginning to end. The committee will have approximately 13-15 members and be made up of City Council members, Parks and Recreation Board members, and staff. The committee will be involved with not only the process of the plan, but review of plan drafts and the reporting to the City Council and Parks and Recreation Board on the plan progress. 7. Consider, and act upon, Ordinance No. 2018-22, amending Wylie's Code of Ordinances, Ordinance No. 2016-29, as amended, Chapter 42 (Environment), Article II (Noise), Section 42-22 (Prohibited Acts; Enumeration); modifying regulations on activities producing loud and disturbing noise to prohibit certain construction-related activities at any time other than between the hours of 7 a.m. and 9 p.m. Monday through Saturday. (B. McCullough, Building Official) Executive Summary The City Council held a work session at the June 26, 2018 meeting regarding the ordinance relating to construction hours and noise from construction. Staff received direction to return an amended ordinance changing the allowable start time from 6 a.m. to 7 a.m. 8. Consider, and act upon, the final artist and art design by Robert Barnum for the Wylie Animal Shelter Public Art Project, and authorize the City Manager to execute a contract, not to exceed $35,000 to commission the art. (C. Ehrlich, Public Arts Coordinator) Executive Summary The Public Arts Advisory Board issued a Call for Artists for the Wylie Animal Shelter, located near the front driveway entering the facility (949A Hensley Lane, Wylie). The total budget for the project is $52,000 including maintenance, artist fees,and contingency. The theme chosen by the Animal Shelter staff is Rescue,the Power of"Adoption." READING OF ORDINANCE Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. WORK SESSION • Presentation and discussion of staff recommendation for the Construction Manager at Risk (CMAR) services for the renovation and expansion of the Wylie Public Safety Building (RFQ W2018-69-B). (C. Hoisted, Asst. City Manager) RECONVENE INTO REGULAR SESSION August 14,2018 Wylie City Council Regular Meeting Agenda Page 5 of 5 ADJOURNMENT If during the course of the meeting covered by this notice,the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: Texas Government Code Section: §551.071—Private consultation with an attorney for the City. §551.072—Discussing purchase,exchange,lease or value of real property. §551.074—Discussing personnel or to hear complaints against personnel. §551.087—Discussing certain economic development matters. §551.073 Discussing prospective gift or donation to the City. §551.076 -Discussing deployment of security personnel or devices or security audit. CERTIFICATION I certify that this Notice of Meeting was posted on August 10, 2018 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed Wylie City Council LI Minutes Regular Meeting Tuesday,July 24, 2018—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Stephanie Storm took roll call with the following City Council members present: Councilman Matthew Porter, Councilman Jeff Forrester, Councilman Timothy Wallis, and Councilman David Dahl. Mayor pro tern Keith Stephens and Councilwoman Candy Arrington were absent. Staff present included: City Manager Mindy Manson; Assistant City Manager Chris Hoisted;Police Chief Anthony Henderson; Fire Chief Brent Parker; Development Services Director Renae 011ie; Public Works Director Tim Porter; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Human Resources Director Lety Yanez; Building Official Bret McCullough; WEDC Director Sam Satterwhite; City Secretary Stephanie Storm, and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Councilman Forrester gave the invocation and Councilman Dahl led the Pledge of Allegiance. PRESENTATIONS • Blue Star Banner Presentation Mayor Hogue presented a Blue Star flag and coin to Justin and LaJuan Eure in honor of their son Andrew Whitacre, serving in the Marines. He was a graduate of Rowlett High School. He was awarded the Blue Star Banner award. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three(3)minutes. In addition, Council is not allowed to converse, deliberate, or take action on any matter presented during citizen participation. Minutes July 24,2018 Wylie City Council Page 1 Tony Rike,representing Texas Municipal Police Association,addressed Council regarding police benefits. Meg Elmore, Wylie citizen, addressed Council regarding the current City tax rate. Angie McIntosh,representing Wylie Police Association, addressed Council regarding police benefits and the City tax rate. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of July 10, 2018 Regular Meeting and July 12,2018 Special Called Meeting of the Wylie City Council. (S. Storm, City Secretary) B. Consider, and act upon, approval of a Preliminary Plat for Torres Addition, creating one lot on 0.331 acres, generally located northwest from the intersection of Alanis Road and Martinez Lane(2001 Alanis Drive). (R. 011ie, Development Services Director) C. Consider, and act upon, Resolution No. 2018-24(R) authorizing the City Manager to execute a Development Agreement between CVS Pharmacy, Inc. and the City of Wylie. (C. Holsted, Asst. City Manager) D. Consider, and place on file, the City of Wylie Monthly Investment Report for June 30, 2018. (M. Beard, Finance Director) E. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for June 30,2018. (M. Beard, Finance Director) F. Consider, and act upon, Resolution No. 2018-25(R) of the City Council of the City of Wylie, Texas,to ratify W2018-101-B for the emergency purchase of sewer rehabilitation services for the Kreymer Aerial Sewer Line Rehabilitation in the amount of $158,000.00 with Moss Utilities LLC, and authorizing the City Manager to have executed any necessary documents. (G. Hayes, Purchasing Manager) G. Consider, and act upon, Resolution No. 2018-27(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager to accept the donation of the Collin County Mobile Incident Command Post to the City of Wylie and to execute any necessary documents. (B. Parker, Fire Chief) H. Consider, and act upon,Resolution No. 2018-26(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement by and between the City of Wylie and the Town of Fairview for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services first responder general fire services. (B. Parker, Fire Chief) T. Consider, and act upon, Resolution No. 2018-28(R) authorizing the City Manager to execute an easement for drainage facilities for Woodbridge Townhomes Tract 4 for the North Texas Municipal Water District and Herzog Development Corporation. (T. Porter, Public Works Director) Minutes July 24,2018 Wylie City Council Page 2 J. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of June 30,2018. (S. Satterwhite, WEDC Director) K. Consider, and act upon, granting an extension of time for the FY 2018/19 proposed budget filing with the City Secretary from August 5, 2018 to August 8, 2018 per the Home Rule Charter; Article V, Section 2. (M. Manson, City Manager) *Notation—Item G and H were in reverse order in the agenda packet.* Councilman Dahl requested that Consent Item G be removed from Consent and considered individually. Councilman Porter requested that Consent Items I and J be removed from Consent and considered individually. Consensus of the Council was to remove Items G, I, and J from Consent and consider individually. Council Action A motion was made by Councilman Forrester, seconded by Councilman Porter, to approve items A, B, C, D, E, F, H, and K of the Consent Agenda and consider Items G, I, and J individually. A vote was taken and the motion passed 5-0 with Mayor Pro Tern Stephens and Councilwoman Arrington absent. REGULAR AGENDA G. Consider, and act upon, Resolution No. 2018-27(R) of the City Council of the City of Wylie, Texas, hereby authorizing the City Manager to accept the donation of the Collin County Mobile Incident Command Post to the City of Wylie and to execute any necessary documents. (B. Parker, Fire Chief) Council Comments Councilman.Dahl asked about the expected repairs. Parker stated there is an ELS (expanded level of service) request for maintenance and upgrades; however, the request was not recommended to be funded due to the fact that, at the time, the County had not finalized the donation. The ongoing maintenance will probably reside in the communications budget going forward. Councilman Dahl asked if special personnel will be required to operate the vehicle. Parker replied that currently personnel are trained on each shift. Councilman Dahl asked if it would be available as a resource to other organizations. Parker replied it would be available countywide under the mutual aid plan. Council Action A motion was made by Councilman Porter, seconded by Councilman Forrester, to approve Resolution No. 2018-27(R) of the City Council of the City of Wylie, Texas, repealing Resolution No. 2016-19(R) and hereby authorizing the City Manager to accept the donation of the Collin County Mobile Incident Command Post to the City of Wylie and to execute any necessary documents. A vote was taken and the motion passed 5-0 with Mayor Pro Tern Stephens and Councilwoman Arrington absent. I. Consider, and act upon,Resolution No. 2018-28(R) authorizing the City Manager to execute an easement for drainage facilities for Woodbridge Townhomes Tract 4 for the North Texas Municipal Water District and Herzog Development Corporation. (T. Porter, Public Works Director) Minutes July 24,2018 Wylie City Council Page 3 Council Comments Councilman.Porter asked if the actual construction will be located in the City of Sachse. Porter replied the easement is located in the City of Sachse on the landfill, which is owned by the water district. The reason for the easement is to give the City maintenance responsibilities for the smaller piece within the City of Sachse. Councilman Porter asked why the City of Sachse would not take maintenance responsibilities. Porter replied that the project is a development for the City of Wylie. Council Action A motion was made by Councilman Dahl, seconded by Councilman Wallis, to approve Resolution No. 2018-28(R) authorizing the City Manager to execute an easement for drainage facilities for Woodbridge Townhomes Tract 4 for the North Texas Municipal Water District and Herzog Development Corporation. A vote was taken and the motion passed 5-0 with Mayor Pro Tem Stephens and Councilwoman Arrington absent. J. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of June 30, 2018. (S. Satterwhite, WEDC Director) Council Comments Councilman Porter stated that the sales tax revenue has dropped over the years. He asked Satterwhite if there were any plans to try to turn it around. Satterwhite replied if they could identify the specific and exact reasoning why it is down, it would be a lot easier to address the concern. A consultant has been hired to take a look at the numbers and the consultant's best guess is a lasting effect from the hail storm. Council Action A motion was made by Councilman Dahl, seconded by Councilman. Forrester, to approve the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of June 30, 2018.. A vote was taken and the motion passed 5-0 with Mayor Pro Tem Stephens and Councilwoman Arrington absent. Mayor Hogue requested an economic development and sales tax work session at a future meeting to understand how the WEDC operates. Mayor Hogue convened into Work Session at 6:32 p.m. WORK SESSION • Discussion regarding the potential to allow urban domestic fowl within the City of Wylie residential districts. Diane Culver, Wylie resident, spoke against allowing chickens. Sandra Stone and Celia Lemons, Wylie residents, spoke for allowing chickens. Shelia Patton, Animal Control Manager, addressed Council stating if the City began to allow residents to keep chickens, further planning would be required so that animal control is prepared. Areas would include training for staff, permitting, designation of animal control responsibility, enforcement, and resources. Councilman Wallis stated there are health concerns just as there are with other animals; however, with due diligence and proper hygiene those concerns would be addressed. Councilman Dahl asked if the City ordinance would override HOA rules. 011ie replied that a City ordinance would not Minutes July 24,2018 Wylie City Council Page 4 preside over HOA rules; HOAs would have to amend their rules to allow chickens. The consensus of Council was to proceed with drafting a proposed ordinance for future review allowing chickens with specific regulations. • Discuss revisions to the Solid Waste and Recycling Contract with Community Waste Disposal,L.P. (C. Hoisted,Asst. City Manager) Assistant City Manager Holsted addressed Council stating staff is proposing to stay with the on-call service or move to a weekly on-schedule bulk pickup. Wylie currently has the lowest rate in the area. Moving to a weekly on-schedule pickup would increase the rates $2.97/month for the residents. Currently the bulk pickup rate is $.89/month. The consensus of council was to maintain the on-call service and educating the citizens on bulk trash pickup. Mayor Hogue recessed the Work Session at 7:31 p.m. Mayor Hogue reconvened the Work Session at 7:42 p.m. • FY 2018-2019 Budget Discussion and Department Presentations to Council. City Manager Manson addressed Council regarding the FY 2018/19 proposed budget, including expenditures and revenues for the following funds. Manson answered questions regarding the proposed FY 2018/19 budget. ■ Utility Fund • 4B Sales Tax Fund • Fire Training Center Fund • Municipal Court Technology Fund • Municipal Court Building Security Fund ■ Hotel Occupancy Tax Fund ■ General Fund City Manager Manson gave recommendations for department ELS requests to be included in the proposed budget. Manson reviewed City employee benefits. Manson stated staff needs direction Thursday night regarding the tax rate. Diane Culver,Wylie resident, addressed Council regarding the tax rate and City employees. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 9:01 p.m. Mayor Hogue convened into Executive Session at 9:01 p.m. EXECUTIVE SESSION Recess into Closed Session in compliance with Section 551.001, et.seq. Texas Government Code, to wit: Sec. 551.072. DELIBERATION REGARDING REAL PROPERTY; CLOSED MEETING. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on its negotiating position. • Consider the sale or acquisition of property located at 5th Street and State Highway 78. Minutes July 24,2018 Wylie City Council Page 5 RECONVENE INTO OPEN SESSION Take any action as a result from Executive Session. Mayor Hogue reconvened into Open. Session at 9:41 p.m. No action was taken as a result of Executive Session. ADJOURNMENT A motion was made by Councilman Forrester, seconded by Councilman Porter, to adjourn the meeting at 9:42 p.m. A vote was taken and the motion passed 5-0 with Mayor Pro Tern Stephens and Councilwoman Arrington absent. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes July 24,2018 Wylie City Council Page 6 Wylie CityCouncil Y ti u Minutes Special Called Work Session Thursday, July 26, 2018—6:00 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:00 p.m. City Secretary Administrative Assistant Tina Link took roll call with the following City Council members present: Mayor Eric Hogue, Councilman Matthew Porter, Councilman Jeff Forrester, and Councilman David Dahl. Councilman Timothy Wallis arrived at 6:04 p.m. Mayor Pro Tern Keith Stephens and Councilwoman Candy Arrington were absent. Staff present included: City Manager Mindy Manson; Assistant City Manager Chris Holsted;Police Chief Anthony Henderson; Fire Chief Brent Parker; Development Services Director Renae 011ie; Public Works Director Tim Porter; Public Information Officer Craig Kelly; Parks and Recreation Director Robert Diaz; Finance Director Melissa Beard; Human Resources Director Lety Yanez; Building Official Bret McCullough; WEDC Director Sam Satterwhite; Library Director Rachel Orozco; City Secretary Administrative Assistant Tina Link and various support staff. INVOCATION& PLEDGE OF ALLEGIANCE Mayor Eric Hogue gave the invocation and Assistant City Manager Chris Hoisted led the Pledge of Allegiance. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must fill out a non- agenda form prior to the meeting in order to speak. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. Celia Lemons, Wylie citizen, addressed council regarding the budget related to Animal Control and backyard chickens. Mayor Hogue convened into Work Session at 6:07 p.m. Minutes July 26,2018 Wylie City Council Page 1 WORK SESSION ■ FY 2018-2019 Budget Discussion Council gave staff direction for the proposed FY 2018-19 budget, a tax rate of $0.735848 per $100 valuation with a balanced budget, addition of SROs, and City Manager recommendations for further consideration and discussion. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into regular session at 7:07 p.m. ADJOURNMENT A motion was made by Councilman Forrester, seconded by Councilman Dahl, to adjourn the meeting at 7:08 p.m. A vote was taken and the motion passed 5-0 with Mayor Pro Tern Stephens and Councilwoman Arrington absent. Eric Hogue,Mayor ATTEST: Stephanie Storm, City Secretary Minutes July 26,2018 Wylie City Council Page 2 Wylie City Council AGENDA REPORT Meeting Date: August 14, 2018 Item Number: B Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: July 20, 2018 Budgeted Amount: Exhibits: 2 Subject Consider, and act upon, approval of a Final Plat for Inspiration, Phase 5A-3 consisting of 3.125 acres to establish single- family residential lots for a master planned development within Wylie's ETJ, generally located north of Parker Road (F.M. 2514)on Inspiration Blvd. Recommendation Motion to approve a Final Plat for Inspiration, Phase 5A-3 consisting of 3.125 acres to establish single-family residential lots for a master planned development within Wylie's ETJ, generally located north of Parker Road (F.M. 2514) on Inspiration Blvd. Discussion OWNER: St.Paul Inspiration,LLC APPLICANT/ENGINEER: Kimberly K. Cornett,P.E.,CFM This Final Plat for Phase 5A-3 represents a realignment of a previously approved, but unfiled, final plat of five residential lots and two open space lot on 3.125 acres. The final plat was originally approved in March 2018. The Preliminary Plat for this Phase was approved by City Council in June 2016. The difference between this final plat and the previous final plat is primarily the increase in the size of Lot 1 and the slight decrease of the other four lots. The reason for this change was the requirement for a retaining wall along the east side of Lot 1 in the previous configuration. By increasing the size of lot 1 and moving the home pad to the far west of that lot grading a slope takes the place of the need for a retaining wall. (See Exhibit B). The other lots are smaller but retain a square footage above the required average of 8,500. Inspiration is an approximate 700 acre master planned community; special municipal utility district (MUD) located in. unincorporated Collin County and the Extraterritorial Jurisdiction of Wylie, St. Paul, and Lucas. When complete, the development will consist of approximately 1,400 single family lots of varied densities and multiple open space areas and a WISD elementary school site. In accordance with the approved development agreement; the MUD shall comply with City's Subdivision Regulations and plat requirements for properties within Wylie's ETJ. The development agreement adopted in October 2011 requires that the average lot size be 8,500 square feet and unit density be no more than 2.65 per acre for the development within the Wylie ETJ. The combined average of the lots in all phases of the master planned community will comply with the requirements in the development agreement. 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Br !— AFL DRIVEWAY till I GRADE SIDE OE EPEE E.T 1� �, R` - , 2LOCU 5 �� o UNLESS 0 IIE (SHOWN WHEN GREATER THA i0; Inspiration G NOI CD r'"jPzso c x - / EB EXPOSED BEAM (S� N L_0 11 n 6 -`-PE L'"W / ___,,,__,I DO DROP GARAGE FOR DRIVEWAYS GREATER THAN9) Phase C p • '� - EPHEMERAL 5 REAM ,I I i CITY OF W Y I IF FTJ bI� ) .m — �._.__ L EXPOSED REAM S LESS THAN 2 D i E OFa�r SUED©00 DE ROILS COI 1(N COUN 7Y rEx AS 1 r ¢ E E ,I� D LLC RO(.C1 J BERG _ r FINISHED PAD DC ' I LTUfiL BASE 5A 2 T FROM I / /' ELtVATION. APPROVED' CORNETT DATE JJHE 2018 i t-----i _—- ,�i i III ryI /I, � / �� / d" / " 3 EXPOSED BEAMS GREATER THAN 22'ARE NOTED AS NDICAED IN THE CCl I.E E MAPIMIIM EXPOSED BEAM WITHOUTRETAINING SIDE YAPD WALLS Ri: N/A Sg REV DATE. 11 5.A Nti MUM SLOPE OF Tie SHALL BE MAN-AWED IN GRASS AREAS. SHEET OS.RE CONDITIONING OF PADS PIUS!OCCUR BE ORE PH 811''WOR( pw.s F x 6 'BEGINS 0F ?2 SIIIECTS OWNER'S CERTIFICATION NOW,THEREFORE,KNOW ALL MEN BY THESE PRESENTS: \/\ c(C 160,76. EFATE OF COUN OF COLON )( u<("p0 rvsR"rxA Q CS 1 214504 2]S.o Nsf is O9 E iO3.]S fO TxsiarvDlrvc W SUBJECT '''AF Ne rO TNs CoiP60 e,l'N'sD ry Tx s PUT Arvo DSDcaTOry To,xs CONTRARY. a.a' TRACT D Uvory DlvEtOPMENT, A rExAS VMxED luBlutt cOMPAxr 0 \ W - 83c(rvnDe3c(iO�i)[POCHN'tOtBO)So[TERM3xEOO BY°0Ps AOBsfR✓Ailox sPGt<u`niEo EROMTonlLns Q ` �" I METES D°\eounNu)',Trs °°°s A (vo ofesae)arvo eErvc xoaf Paxrwuarr o¢wam er Br.REV BEx = E PARKER re, / ucEx Oa uc rs oEnsRu PARrnsR d l ' Eigi' ren[AaOE 1 SIT pgU4 RO w 1 iR.as °r DC,ME O MANAGING DIRECTOR j O PAGE 033 DEED RECORDS. M1ncr CSTATE OF OUNTY a TEXAS < E. ¢ �! 2' - re su corexsre or SA arvo BEopE M ' J STAMPED-4,42.1:,POUND DEARS SOUTH 75 DEGREES 00 m1NUTES 06 a.1 60 20 0 60 ° _ _, w.COURSES AND DISTANCES:DISTANCE of sa>5 T xE SANE x Txs caPacn xExSry s.aTm AND As rxE Acr arvo Dsm of saMB wmvum. CO , SOUTH 22 DEGREES 13 MINUTES 59 SECONDS WEST.DEPART,.SAID COMMON LINE.A r VICINITY MAPB'a 1 SCALE1ss 5J-_ o A 5/8 RON ROD YELLOW PLu P VAMPED 3pCODOF SET. .3FOR CCORNER:A s/Btxory Roo wrzx GIVEN UNDER MY xarvo AND SEAL THIS onr or So+B. NOT To SCALE 1"=40 s rEuaw Pusan mP srAMecD eAcoes sfr Poe coaxER. BLOCK PP ‘INI • \ INSPIRATION.CABINET 2016 PHASE 81 rzvww PUsnc cae nAMPED aacoes ssr mR corervEa. s or rase rttt'r r0 n S B Rox ROD wlrx MOv coMMlsswx ExslRss`oR mE srATf OS iExis CABINET 2016,PAGE 816 �3 P.R.C.C.T. I Ysuow vwsnc COUP sTAMPm aacoes ssr tore c0rexsre ^s/B"I rsuow vUsnc CAP sTAMPSD.IA<0BS ssr core corexsR. E of'/t.32 sFE*io a 5/aiRox Roo wlrN t a�s�c VxwN�uT sscaxslnr P..' j NORTH 07 DEGREES 53 MINUTES 19 SECONDS WEST,A DISTANCE OF 89.40 FEET TO A 5/8"IRON ROD WITH AGAITV C 0 152 59' act arvo TENDER AND Is THE HOLDER 0r A PROMISSORY NOTE SECURED BY SAID V POINT OF _ _ _ LswDER u[x.AS RECORD. R('sR NUMBER x 0161020001,9540 OF THE REAt,PROPERTY RECORDS OF C01,1, IQ BEGINNING LOxc cxoreo TREAT Bsaws Norerx , mf cOMMory GST Ricnr DE BEc�rvrll:°ic or PnR xrO '^ or oe nou,CHASE 3A arvo TxrAY A RAoisrAncF A couxrv. \ ' n DEOREEs 1.,MNDres oR sscorvos ,B,.BB aEr FOR o �C DECRsss rzre MxUTss zr sscorvos wssT A E of sxr..0 vE poorpE L[Tr xav rvc A cwrreaL ax 2sD EEs� 3T e R ANDxO/100 DOLLARS %"U ~ '/531s[-'>>a si'-"-- ( ^; THENCE aLDrvO THE WEST ONE or SAID+1,e20 HERE ERACT AND THE COMMON EAST LxE.of sAo xsP Rnr on (E+o.00)Ax TO /' rl - "' /LsBLOCK PP PHASE 3A,THE FOLLOWING COURSES AND DISTANCES: AND HOLDER OF THE NOTE AND THE LENDER LIEN,DOES HEREBY CONSENT TO THIS PLAT AND DOES f A 5/e�gOry R0 IRM.Arvo APPROvs Iry ALL RssPscrs THE PUT AnD RATION BOULEVARD A.SA.NON-TANGENT CURVE TO THE >v,y - - rHE cxanrs OF rNE Rlcxrs CREATED T«EREev. -.-._ i -oF-war LINE OF WINDY aOInTE COURT.A BT.s RIexT-OF-wax or SAID ALONG THE EAST RIGHT-OF-WAY LINE oe SAID \ C5 .Ri / O.o19 ACRES qT�5 6a.Oo' AS?a DRAINAGE Bt.as' 'mTA-, ' ---- rvsv ar ory Pxass 3a ExECVrEo MS DAY OF lD�e. r E - ACCESS EASEMENT -- . a1s ass, _ i/ °5i a o rx.ELOw P a S AMP D ,a r° ET FO R f°R NEROU « N°RTx E D DSAD LNE x/ £ / _ oat N[NxoroR co NOR.70 DEGREES 21 MINUTES 37 SECONDS EAST, Pxr/ / A N1 N \ se ORTnsoumTA' OR'NEIROr U wv OINTErvCOR T, nYEu° PLAT u T'" woe Rs 24TnwreroAt / _ \ / /5 3 1 t A 5ewIRurSRosScOsws,o[RaxAcsAIDwiPINc°R AoTAxc DO xlNs°ry // BSINoN isou« ry ArNT,saLOrsX ,OLP sT CORNER of SAID WINDY Po n s COURT:AND TITLE. PRESIDENT \ 4 - THE rouAwixc oOuasES AxD DtsTAntts- 83°° TRACT A.THE COMMON muTN LINE or SAID LOT 3x, 'A \ S j n s/N„ Txs STATE or i a u, / i w COUNTY of .......... 9 3 NORTH TO DEGREES z,M YELLOW MASTIC GA, ory HOxC 4 �/ `N .one CHORD THAT BEARS NORTH 81 DEGREES,a MINUTES oN. rfEr m, MINUTES 3r Ssmnos Past A DISTANCE WITH \ RP D0 n d TRACT N0 44gMER CA THIS INSTRUMENT WAS ACI<NOWLEDGED BEFORE.ON THIS........,DAY OF n.„, ALONG SAID TANGENT CURVE E To 23.3e EET O A 5/a'RON ROD wrx BY JOHN D.HUTCHINSON,PRESIDENT.OF TREZ CAPITAL FUNDING II,LLC.A DUAWARE LIMITED'LIABILITY GLE \ \ f aa.ss' m o UNITED STATES OF YELLOW vUsrc CAP STAMPED'SAcoes SET FOR CORNER, PURPOSES AND CONSIDERATION THEREIN EXPRESSED IN en THEREIN STATED, FOR THE NeE ZR COWAN,ON THE BEHALF OF SAID UMITED LIABILITY COMPANY HE EXECUTED THE SAME "87 n'�o"w�xoa c5' ^� VOLUME 736,PAGE 833 \ (154 _ A 5N8 a1 1a INSPIRATION,PHASE 3A 1 ) BAOO 8 • raxcsxO D WITH Mo CABINET 2016 PAGE 916 or s0.o P.R.C.C.t. y \o /,W 1Ca Do '� FEEL Bs DEGREES+B MINUTES r A DISTANCE or ORss NOTARY PUBUc N AND FOR HE STATE OF ________,------ \' ^3 Im iO`Ar k1 iss EJ-.. YELLOW Pss/"UP sraxPED auaes SET roR coRNER rO Ass/B^RON Roo wrx uY OOMMss°N EXPRss. ... ........ 1B ' BLOCK PP 1 11'D m t` 3 ACRr.O 1 AxD eO'N N nD A CfALATED AREA of 3.1PB ALRES Or LAND. .B3 FEET TO THE POINT a NEaNN xo �1s �r }uiEW[»r SEmENr 1 12 I ya 1NBTS3'19'W 89.40' N8]'10'SQ"W ]i.32' D ESSION,LAND SURVEYOR OF THE STATE OF ON RODS WI.YELLOW PLASTIC.P FD I N>6.51'OS'K, 1ACTUALDIRECTION AND SUPERVISION.AND UPON COmMET3ON OF CONSTRUCT,ON. oiiuoFACCURATE SURvEY ON THE __ III 78.58. N6 LsST orI=E N TSD.THE MONtag OR M',,X SET,OR EOUND.II BS9z a.-e(Rm) laaEE Oe�ii°,iur'rNo Erv<eii aviTeicEueel ory DuourvoA III B'W > 1 PRELIMINARY.PDO NOT RECORD FOR A B'SB y^ '2' ANY PURPOSE,FOR REVIEW ONLY Eor_.rf FINAL PLAT ov ,1 I ^! OOE I.:.an a--qR RELEASED:06/27 2018 n OF Aera. 1 I — DR *` e. INSPIRATION I 1 i.820 ACRES A W ( UTAI RecI I Tos x0.sssl €::::-'66'1Bus -----RIE -- I C.C.if 201806 LAVON �4000]36630 6933 o PHASE THE ,\syaAci s;°.'yo� OUT Of THE O.P.R.G.C.T' i couxry of 50 65 �/ THE�OSFAH MTURNHAMESURVEY,R ABSTRACT NO.NO.A9109 0 Br/EPaenTY,.- O ' nswrnf)+T zIN THE ( Rsox w s/l/MEO roR THE PURPOSE arvo ITV OF WYLI COUNTY,TEXAS ._.. ....ENDED oR asvreovAL mxs DERAr ory rxEREx E E T J GOWN CO N a ... 3.125 ACRES bnrarr`_ re nresPLr _ � aPPROVE�Nmc-eauusvrslr aATc A„...„,xY I,aND no sEaE r«S 5 RESIDENTIAL LOTS CITY OF wYUE TEXAS 2 NON-RESIDENTIAL LOTS xo 5 0 PUBLc n 005 SATE o!Tfus SHEET 1 OF 1 , \ v0 MY COMMISSION EXPF£5 OWNER/DEOELO PER: LAVOIV DEVELOPMENT,LLC c _ 8200 UOJC LAS AVENUE ` DAL IP UTEXAITE Cu/J"'?5 D.No I OUR,eM D< YLf r s PALE ;PHONE 214-T50-1800 HII cRr Ns/aPs --� e666.2 rourm NOTES: ENGINEER/SURVEYOR: (NAD03(,D„EPOCH L010,o6TERMNED By JAC °PsDBSER.AxoNS.CALCULATED FROM DALLAS rORS ARF arasaal)A.DENTON OORS ARP,PID-0,69B6r D THE MAYDR TD N°rE THE areEPTANEE rHEREDT BY SIDnIND HI3 NAME xEREINABDYE DE DRAINAGE ACCE WENT ..Au COPNEres Ave e/B'LAN ROD WITH YELLOW PLArnc CAP STAMPED 3ACOBs.UNLESS OTH„WISE„ECM... B BED 2 BRYAN STREET,SUITE 12GG IAN MCCrHH Ne 4.1mD znrvE De' rxoM FEDERAL EUExOFNcr MaxacEuu,T xOETvcr aODOC•vsuwxcs aATSNMAa•coMMUx TrFPAxEi NO.Te,3mDOx wixFs mm HarvO Txls oar or xDle ^_L C 1.0.152.300 .ZO 3 a5 DL ... 0 FAX Z. .638-OM14T R[coRns coax 8 LS RMy t01 c2300 (aR..c RECORD MONUMENT coo, ..TEXAS 157E x DEAN0➢ DE°'* 50n ro BE OUTSIDE SD0 086 reoDOP7N Arvo 000E a 0ErIxEn s`o°BX./////E 000rION3 DEr�MINen. CITY SECRETARY.CITY OT Init.,TEXAS THIS PLAT FILED m JUNE 2018 Wylie City Council AGENDA REPORT Meeting Date: August 14, 2018 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: July 20, 2018 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat for Shervin Addition, creating one lot on 0.13 acres, generally located south of the intersection of State Highway 78 and Williams Street (405 Williams St.). Recommendation Motion to approve a Final Plat for Shervin Addition, creating one lot on 0.13 acres, generally located south of the intersection of State Highway 78 and Williams Street(405 Williams St.). Discussion OWNER: 78 & 544 Investment LLC APPLICANT: Roome Land Surveying, INC The property totals 0.13 acres and will create one lot to contain a beauty salon that measures 1,247 square feet. A variance was granted in May 2018 to allow for the north side setback of the building to be zero feet in lieu of the required 10 feet. The applicant is proposing to reuse the frame and foundation of the existing car wash. A Site Plan was approved by the Commission on July 17, 2018. The Final Plat complies with the applicable technical requirements of the City of Wylie and is subject to additions and/or alterations as required by the City Engineering Department. P&Z Commission Discussion The Commission recommended approval 5-0 subject to additions and/or alterations as required by the Engineering Department. (Rev 01/2014) Page 1 of I STATE a TcxAS § 6..M.E. ...AfifLE.M.!It. STATE of 3Fxns § SURVEYOR'S CERTIFICATE COUNTY OF COLLIN @ COUNTY OF QA.uN $ of Texas,County of Collin,ond City � at el.nebyey,in KNOW All MEN BY THESE PRESENTS: p T f Investment, is prof B s situated azo. R c c EBen,endorfer,dy,,do hereby certify kW I prepared this So BEGINNING at a 1AZ iron rod found in the west right-,-y.line,Vlidiams Street(40'R.O.W.), unnenme thereon were under personal supervision accordance withmorkinq the northeast corner of soid 0130 acre tract,alid the southeast corner of Wylie Auto Parts sunrr ORegulationst,Cvwyl e Texas.Inc.oolled 0.4500 ocre tract oli recorded in Volum,2309.Page 468 .Collin USENCE with the west right-of-way line of Williams Street and the east line of said premises, Dated this Y 2018 South prem ses, rom .a lAr iron.found for reference bears North 48130'211 West,0.96 feet \ setIT THENCE with the south line of said premises,North 8,15910411 West,94.04 feet to a chisled',11 in concrete narking the southwest corner of soid premises and being in the east line of a Atmj Scale-t ol02 West,60.00 fee.,a Roome dapped iron rod set marking the southeast corner of 4625 care tract os recorded ands County Clerk Na 20131 010049)90 of the E. Con County lord Records; fRgiseredenderfProfesrr. J \ TH N E w e of said Surveyor No.4051 nal Land 00'S2431 East,60 aI/2'iron 4625 acre tract, \ 0.4500 ode trma2kin comer or premises,and the southwest come,of the oforementloned called ggCyOVKEDGEIAENi _ THENCE w called 0.4500 acre zoned wk vmrs mc. South 89158'041 \ (ame¢Sm%a acres of land East,e9i09 reef tot place o beginning d containing - q eat or 0.130 STATE OF TEXAS y , COUNTY OF GOUIN $ \ BEFORE ME,the undersigned.a Notary Public di and for the State of Texos,on Ns day personally appeared F.E.Bemedderfer, to me to be the person a.officer whose Dome is dubsoribdd to the foregoing ind.rnent and ocknowledged ko.that he executed Ne \ = some for the purpose and considerationsexpressed capocity therein stated \ '� GIVEN UNDER D AND SEAL.O`0 ME,this N _.... y __..-..____-.2018. r i'L1.EEF,vOBk�..Q .1.1., N d�.k..k:...Kk:3kN as of . POINT O INNwc \,La'Iar(MO S&9°5804"E 94.04(Basis of Bearings) /z lu'Isn)�/ That I,78 S.. LC Owner, ine state at texas t r , I , their heirs,assignees and successors of title this plat designating the ' , 20.0.,00...,00.1-00 hereinabove described property as Lot 1,Sher*Addition,an addition to ? O m naaa,, use forever the streets,alieys,and right-of..easements shown C N f Collin, thereon,and do hereby reserve.e easement strips shown on this plat 3 °a 0,Yr UA'0000 accommodation 9 4 d RECOMMENDED FOR APPROVAL , A ' CO.4,, ad public utilities desiring to use or sing same.Any public utility shall , have the right to remove and keep removed aIl or part of any buildings, a or other rovements or rowths that in Chairman Po Z Commission Date .@ R o - 9 Zoning Co- its respective systems on any of these easements strips,and any public , utility shall at all times have the right of ingress and egress to and t I t t 9 m nPPRDv D FOR roNS , reconstructing.inspecting,patrolling,without the nece.by at ony time. 405 Williams .mom„5�„pour , procuring the permission of anyone,Ablditionaliy,we certify that we are A Lot9 , attached to this property urdess otherwise indicoted on the required F cedes) �+ A ortapprooge H ved subjecti the sole owneds of the dedicated property and that no other s interest are r r Wylie.remove Date py Yo3 Dan.Aa 1 resolutions me v Texas. o.platting r regulations and Na .f 1mrw,arc m ca t ...ands t v✓vL e A5k.4LF2 .�e,s our an s a _.texas. -0 , , Mayor,City of Wylie.texas Date Investment,LLC J aaSSkne silent ro" The undersign.the City Secretary of the City of Wylie,Texas, e fortifies thot the C/ . t, i foregoing r r Collin I Williams Street was sby ubmit. C C Y 201e o�d the Council, ��.e w xSTATE OF TEXAS§ (40al action,then and there accepted the dedication of streets.alley.parks,easement,public "Right-of-Way) COUNTY OF coLL Nplaces,a.water and sewer lines as shown ond set forth in ond upon said plat a.said Cour., ze the yo to ateacceptant,rea y e g g s e s e.odove io Before me,the enders goetl autno4ty a subscribed. n _ �gA/82 Notary J©M f"I,r uome County and State on.is day personally appeared, Kher ^'mt r N89'S8'O4"W 84.04' walls known to - odmood -- me to be the persons whose name wtnrs y nil ins 0.0.2018. \ / foregoing instrument ond acknowledged er expressed, executed , F - e a for th purpose o L en under my hand this day of — 2018. CYy Sercetory Az w y y,c Texas p° a d!or the State of Texas P<07-17-118 CC 08-14-18 y ,dead,easement, dlid other T;9 Soli,) property is Affected by Any and. "°180 Final Plat ygi;01n,AoUnty ,°N dance dated Jane 2.zoos=pro e x,e°a 48D66ro42D d 3ahn 4a,ty. exae aaa la �a t Lot 1 Shervin Addition LOCATION MAP � 0.130 Gross Acreage N.T.S. t being a 0.130 Acre Tract Recorded under CC#20180206000150450,C.CLR. Nk kN nF e Mo„OM hn 2 Samuel B.Shelby Survey,Abstract No.820 `5°�"`"N 9.'U S Legend City of Wylie,Collin County,Texas mm a pmaN June 20,2018 t.Moa�e e TM#2 =M A2 we �me aaN �m,.a1�p�y „arc �a�-hp Maaameht Owner Notice:Selling a portion of this addition y°"e' 76° s ROOMS LAND SURVEYING INC, — r � t e and 6412 H Drive. ,o ��/ withholding 867-7526 423-4372 d505 ( ....ad te,and budding permits. Attn.Sae.S. radmaoa Attn:Fred Bemenderrer ovoNo..yd.,ad., e J Wylie City Council "YUAGENDA REPORT Meeting Date: August 14, 2018 Item Number: D Department: Fire (City Secretary's Use Only) Prepared By: J. Brent Parker Account Code: Revenue 100-4000-43532 Date Prepared: June 6, 2018 Budgeted Amount: $78,454.31 Exhibits: 2 Subject Consider, and act upon, Resolution No. 2018-29(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal. Agreement by and between the City of Wylie and the City of Lucas for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services first responder general fire services. Recommendation Motion to approve, Resolution No. 2018-29(R) authorizing the City Manager of the City of Wylie, Texas, to execute an Interlocal Agreement by and between the City of Wylie and the City of Lucas for the performance of governmental functions and services; specifically, emergency dispatch services associated with fire, rescue, and emergency medical services first responder general fire services. Discussion With the success of the Town of Fairview ILA regarding dispatching emergency services for fire, the City of Lucas has reached out to the City of Wylie requesting identical services. The City of Lucas and the City of Wylie have come to the conclusion it is beneficial for both parties to enter into an Interlocal Agreement for Emergency Dispatch Services. The additional call load in Wylie's dispatch will be less than 800 calls per year, and the benefit to Wylie is the funding of another dispatcher. Wylie will not be answering the City of Lucas' 9-1-1 or administrative phones. The City of Lucas shall provide, and stay current on all necessary street, apparatus, and response information necessary for dispatching information unique to the City of Lucas operations. Upon initial execution of the agreement, the City of Lucas will provide $78,454.31 within seven days of contract execution. This amount shall compensate Wylie for dispatch services provided during the first year of the primary term. For all subsequent years of the primary term and any renewals, the cost shall increase by the actual increased cost to Wylie for an entry-level dispatcher in Wylie with an additional ten percent of the overall cost for administrative costs. There are additional expectations of each city specifically noted in the ILA. A ninety day notice of termination is required unless mutually agreed upon by both entities. Page 1 of 1 RESOLUTION NO. 2018-29(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE, TEXAS, TO EXECUTE AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND THE CITY OF LUCAS FOR THE PERFORMANCE OF GOVERNMENTAL FUNCTIONS AND SERVICES; SPECIFICALLY, EMERGENCY DISPATCH SERVICES ASSOCIATED WITH FIRE, RESCUE, AND EMERGENCY MEDICAL SERVICES FIRST RESPONDER GENERAL FIRE SERVICES. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, an Interlocal Agreement by and between the City of LUCAS and the City of WYLIE, Texas for the performance of governmental functions and services, specifically, emergency dispatch services associated with fire rescue, and emergency medical services first responder general fire services, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 14th day of August, 2018. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No. 2018-29(R) Interlocal Agreement by and between the City of LUCAS and the City of Wylie for Dispatch Services. Page 1 of 1 City of Wylie Intedocal for Communications and Dispatch Services Contract No. 175 INTERLOCAL AG' EMENT FOR COMMUNICATIONS CENTER AND DISPATCH SERVICES This Interlocal Agreement for Communications Center and Dispatch Services ("Agreement") is entered into by and between the City of Wylie, Texas, a home-rule municipality ("Wylie") and the City of Lucas, Texas, a home-rule municipality ("Lucas"). Wylie and Lucas are at times each referred to herein as a"party" or collectively as the"parties." WHEREAS, Wylie has established a comprehensive regional public safety and public service communications and dispatch center("Communications Center"); and WHEREAS, Wylie's Communications Center is equipped with radio, telephone and data equipment and is designated as a 911 emergency communications Public Safety Answering Point ("P SAP"); and WHEREAS, Wylie currently has equipment and operator capacity above and beyond the immediate needs of Wylie and has offered to make such equipment and operators available to address the regional communications/dispatch needs for the purpose of local government/agency communications; and WHEREAS, Wylie has determined that it is in the best interests of the public to share its communication facility, equipment and personnel capabilities with cities, towns, fire departments, emergency medical care providers and other governmental entities in order to facilitate more effective and efficient use of the Communications Center; and WHEREAS, Lucas has requested that Wylie provide communications and dispatch services to Lucas, and Wylie has agreed to provide such services under the terms and conditions of this Agreement and pursuant to the provisions of Chapter 791 of the Texas Government Code (otherwise known as the Interlocal Cooperation Act) and specifically Section 791.006(a) of the Texas Government Code, as amended; and WHEREAS, the provision of communications and dispatch services is a governmental function that serves the public health and welfare and is of mutual concern to the parties; and WHEREAS, Wylie and Lucas deem it to be in the best interest of both parties to enter into this Agreement; and WHEREAS, each party paying for the performance of governmental functions or services is making those payments from current revenues available to the paying party and all payments are in an amount that fairly compensates the performing party for the services or functions performed under this Agreement NOW,THE ' FORE, in consideration of the mutual covenants contained herein, Wylie and Lucas hereby agree as follows: 1. Performance of Services. a. Wylie shall provide to Lucas, on a non-exclusive basis, communication and Interlocal Agreement for Communications Center and Dispatch Services Page 1 2474110 dispatch services through its Communications Center for the following emergencies: fire, medical, weather, hazardous materials and other general civil emergencies (collectively, "Services"). In order to facilitate the Services, Lucas shall provide to Wylie's communications personnel, on a continuing basis, all necessary street, apparatus and response information, as well as all necessary dispatching information unique to Lucas' operations. b. Without waiving any governmental immunity to which it is entitled, Wylie agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Wylie employees and agents in connection with the performance of the Services. c. Without waiving any governmental immunity to which it is entitled, Lucas agrees to and accepts full responsibility for the acts, negligence and/or omissions of all Lucas employees and agents. It is also the responsibility of Lucas to ensure that its use of the Communications Center conforms to all Federal Communications Commission rules and regulations. d. On an ongoing basis, Wylie and Lucas agree to provide complete and adequate training to personnel selected by Lucas and/or Wylie in the use of the Communications Center. e. It is specifically agreed and understood by the parties hereto that this Agreement is permissive only and no property rights are granted hereunder. f. In the event Lucas or Wylie should fail to fulfill any of its obligations hereunder or shall violate any municipal, county, state or federal law, the other party shall have the option of terminating this Agreement by giving written notice of such violation and intent to terminate thirty (30) days in advance of the effective date of the termination. g. Correspondence, comments, requests, and complaints regarding Services rendered under this Agreement shall be reduced to writing and forwarded to the persons designated below. Failure to properly forward comments, requests, demands, and complaints may be considered as sufficient cause to terminate this Agreement under Section I(f) above. h. The Services shall not arbitrarily be withheld, but it is understood by the parties that unforeseen circumstances may arise which prevent Wylie from providing Services at a particular time. It is recognized that Wylie has the duty and responsibility of rendering Services to citizens of both Wylie and Lucas. In the performance of the Services, Wylie shall have the sole responsibility and discretion to determine priorities in the dispatching and use of equipment and personnel. Interlocal Agreement for Communications Center and Dispatch Services Page 2 2474110 2. Term. The term of this Agreement shall commence on October I, 2018 and shall terminate one (I) year thereafter ("Primary Term"), unless terminated earlier in accordance with this Agreement. Upon the completion of the Primary Term, this Agreement shall automatically renew for five (5) successive one (1) year periods ("Renewal Terms"), unless terminated earlier by either party in accordance with this Agreement. 3. Termination, This Agreement may be terminated on the occurrence of either of the following: a, Either party may terminate the Agreement by providing the other party written notice of termination at least ninety(90) days prior to the anticipated date of termination; or b. Mutual agreement of termination of the Agreement, executed in writing by both parties,without the requisite ninety(90)days prior written notice. In the event of a termination, Wylie shall be compensated on a pro-rata basis for all Services performed to the termination date. In the event of termination, should Wylie be over- compensated on a pro-rata basis for all Services performed to the termination date, Lucas shall be reimbursed on a pro-rata basis for all such over-compensation. Receipt of payment and/or reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this Agreement. At the sole discretion of Wylie, this Agreement may be terminated or renegotiated in the event Lucas annexes additional territory into its corporate limits and/or increases the area the Lucas services. Immediately upon the completion of any annexation proceedings, Lucas shall notify Wylie of the annexation, in writing, and provide Wylie with a legal description of the annexed area. 4. Compensation. Lucas, out of current revenues available to it, shall pay to Wylie the amount of seventy-eight thousand four hundred fifty-four and 31/100 dollars (S78,454.31) as compensation for Wylie's provision of the Services during the Primary Term and each Renewal Term of this Agreement, except as otherwise provided in this Section. Such amount is based upon the costs incurred by Wylie in order to fulfill Wylie's obligations under this Agreement ("Compensation Amount"). Lucas shall pay the Compensation Amount to Wylie net 30 days of date on the invoice during the Primary Teiiii and each Renewal Term of this Agreement For any Renewal Term, the Compensation Amount shall be adjusted to an amount equal to the sum of Wylie's annual costs to cover: (i) the base pay rate for an entry-level dispatcher increased by any costs of living and/or average merit pay increases that are budgeted for the upcoming fiscal year; (ii) such dispatcher's expected overtime pay; and (iii) employee benefits normally provided to such a dispatcher position by Wylie that are separate and apart from pay rate and overtime pay. During each Renewal Term, Lucas shall pay to Wylie an annual fee, in addition to the Compensation Amount, for administrative services in the amount of ten percent (10%) of the Compensation Amount. The formula for determining the Compensation Amount shall be reviewed by Wylie and Lucas during each Renewal Term of this Agreement for possible adjustments, but Wylie shall have the final determination as to the Compensation Amount for each successive term of this Agreement. All payments due to Wylie under this Agreement shall be net 30 days from the date on the invoice during the Primary Temi and each Renewal Term of this Agreement. InterIocal Agreement for Communications Center and Dispatch Services Page 3 2474110 So that Wylie and all entities or agencies participating in the Communications Center may have projected cost estimates in advance of the normal municipal budgeting cycle, Wylie shall evaluate and determine the estimated cost for participation for the next fiscal year with this estimate to include the annual service fees and rate increases, based on this annual review, to be determined by Wylie prior to April 1st of each year and shall be effective for Services received after October 1st, the beginning of a new fiscal year for Wylie of each year. Wylie shall notify Lucas of any rate increases for Services performed or in the annual service fee by certified mail, mailed to the person designated in this Agreement to receive such notices, on or before April I st of each year. To the extent that the total amount of any such increases communicated by Wylie, including both the Compensation Amount and the ten percent (10%) fee for administrative services, would be in excess of fifteen percent (15%) of the full amount of Lucas's payment due for the then-current term, Lucas may, at its discretion, elect to terminate this Agreement by providing Wylie written notice of termination at least ninety (90) days before the start of the successive Renewal Term. In such an event, this Agreement shall be deemed to terminate immediately before said Renewal Term would have commenced and the parties shall have no further obligations under this Agreement. The Compensation Amount due for any term of this Agreement shall be prorated in the event a party elects to terminate this Agreement in accordance with the terms of this Agreement prior to the expiration of the then-current term. Notwithstanding anything to the contrary in this Agreement and in addition to the Compensation Amount and any other fees required under this Agreement, Lucas shall pay all expenses for operation and maintenance of any equipment of facilities installed and operated at the Communications Center for the use of Lucas. Radio equipment transmitting on frequencies used by Lucas or its service area is an example of the types of equipment or facilities that fall into this category for determination of costs. 5. Miscellaneous Provisions. a. Consideration. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. b. Indemnity. To THE EXTENT PERMITTED BY LAW AND WITHOUT WAIVING SOVEREIGN IMMUNITY, LUCAS SHALL DEFEND,RELEASE,INDEMNIFY AND HOLD HARMLESS WYLIE, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES OF AND FROM ANY AND ALL CLAIMS, SUITS, ACTIONS, LEGAL PROCEEDINGS, DEMANDS, DAMAGES OR JUDGMENTS, INCLUDING ALL EXPENSES,ATTORNEY FEES,WITNESS FEES,COSTS,AND COSTS AND EXPENSES OF APPEALS THEREFROM, ARISING OUT OF LUCAS' PERFORMANCE UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE INTENTIONAL OR NEGLIGENT ACTS AND/OR OMISSIONS OF LUCAS, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES, AND REGARDLESS OF THE JOINT OR CONCURRENT NEGLIGENCE OF WYLIE, ITS OFFICERS, AGENTS, SERVANTS, REPRESENTATIVES AND/OR EMPLOYEES. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Interlocal Agreement for Communications Center and Dispatch Services Page 4 2474110 c. Notice. Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing same in the United States mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or be delivered the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification,the addresses of the parties shall be as follows: If to Lucas, to: City of Lucas Attn: Joni Clarke, City Manager 165 Country Club Road Lucas,Texas 75002 if to Wylie, to: City of Wylie Attn: Brent Parker, Fire Chief 300 Country Club Road Wylie, Texas 75098 d. Entire Agreement. This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both parties. e. Venue and Governing Law. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and both parties agree that venue shall be in Collin County, Texas. f. Binding Effect. This Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. g. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof h. Severability. The provisions of this Agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause or phrase of this Agreement shall be found to be contrary to the law, or contrary to any rule or regulation Interlocal Agreement for Communications Center and Dispatch Services Page 5 2474110 having the force and effect of the law, such decisions shall not affect the remaining portions of this Agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party fifteen (15) days written notice of its intent to terminate. i. Amendments. Wylie and Lucas may amend this Agreement only by an instrument in writing. j. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. An electronic mail and/or facsimile signature will also be deemed to constitute an original if properly executed and delivered to the other party. k. Assignment. This Agreement is not assignable. 1. Immunity. It is expressly understood and agreed that, in the execution and performance of this Agreement, the parties have not waived, nor shall be deemed hereby to have waived, any immunity, governmental, sovereign and/or official, or defense that would otherwise be available to them against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. m. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed, that each party has had an opportunity to confer with counsel, on the matters contained herein. n. Drafting Provisions. This Agreement shall be deemed to have been drafted equally by all parties hereto. The language of all parts of this Agreement shall be constructed as a whole according to its fair and common meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this Agreement. o. Independent Contractor. Except as otherwise expressly provided herein, Lucas and Wylie agree and acknowledge that each entity is not an agent of the other entity and that each entity is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in conjunction with the performance of work covered under this Agreement. p. No Third Party Beneficiaries. Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. [Signature page follows.] Interlocal Agreement for Communications Center and Dispatch Services Page 6 2474110 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective when all the parties have signed it. CITY OF LUCAS,TEXAS CITY OF WYLIE,TEXAS Jon Cl e, City Mana ��er Mindy Manson, City Manager Date""" Date: ATTEST: ATTEST: y it Storm, City ,- Stacy � e Berson City Secretary Stephanie Storm, it Secretary Date. L APPROVED AS TO F ' APPROVED AS T FO tl • • m e Jo. Go Ida Jr., ity Attorney Ab athy Roeder Boyd&flullett, P.C. Ryan D. Pittman,City Attorneys Interiocal Agreement for Communications Center and Dispatch Services Page 7 2474110 Wylie City Council YLI AGENDA REPORT Meeting Date: August 14, 2018 Item Number: E Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Budgeted Date Prepared: July 27, 2018 Amount: Exhibits: 1 Subject Consider, and act upon, a vendor application for the Fall Fire Classic Softball Tournament event to be held at Founders Park on October 28, 2018. Recommendation Motion to recommend approval for a vendor application for the Fall Fire Classic Softball Tournament event to be held at Founders Park on October 28, 2018. Discussion The Friends of Wylie Fire-Rescue will be hosting a softball tournament fundraiser at Founders Park on October 28, 2018. The event organizers plan on selling food items, spirit wear, and have a raffle during their event. Proceeds from the sales would go back to supporting Friends of Wylie Fire-Rescue programs. The organizers would be responsible for notifying the Collin County Environmental Services for food service/health permitting. Since this is the first year of this event, staff has begun working with the applicant on event support needs for this event. Due to the close proximity of the event date, staff has added this item for City Council consideration at their August 14, 2018 meeting. If for some reason the Board does not approve the vendor application at the August 13, 2018 meeting the application will be withdrawn from City Council consideration. Page 1 of 1 PARKS AND RECREATION CITY 7411 rYLIE 300 Country Club Rd, Building 100,Wylie,TX 75098 Office: 972-516-6340/Fax 972-442-0758 Email: parks@wylietexas.gov VENDOR APPLICATION-Once approved by City Council, vendor has 7 days to finalize event with Parks&Recreation facility staff. Recommended timeline for submission is 2-3 months in advance of event. Please forward TYPED application to above address, email or fax, Applicant Information Name of Organization: Primary Contact Person's Name: FFO F Friends-o ember Barber WFR Friend";-;(--Wylie Fire Rescue A mm Organization's Phone Number: Primary Contact Person's Phone Number: 214-478-7796 214-478-7796 Organization's Address: t Primary Contact Person's Address: 300 Country Club Rd. Building 100 Wylie,TX 75098 403 Magnolia Dr.Josephine TX,75173 Organization's Website/Email: Primary Contact Person's Email: friendsofwyliefirerescue@gmail.com Organization's Non-profit Exemption Number/501c3(if applicable): Alternate Contact Person's Name/Number/Email: 26-4076059 Jenny Johnson/903-714-2012 Event Information Event Name/Title: Fall Fire Classic Softball Tournament -- Event Type(fundraiser,etc.): Purpose of Event: Fundraiser undingof Pipes&Drums an d r F FOWFR Scholarships Event Location: Proposed Event Date: Alternative Date: Founders Park 1st Date- 10/28/18 2 D-11/18/18 Anticipated Number of Participating Vendors: Start Time(incl.setup): End Time(incl.cleanup): 2 6:00 am 9:30 pm Anticipated Event Attendance: Event Target Audience: [200+ DFW Firefighter families..... EVENT DETAILS: Please_list any and all specifics,as well as items intended to sell. If available,attach additional pages,announcements or flyers. Anticipated Vendors: Food truck, bounce house provided by Firehouse Bounce � . Items to be sold: Pre-packaged food items(muffins,granola bars,candy,chips,sunflower seeds),drinks,challenge coins, raffle tickets, homerun bracelets, homerun derby entry fees and possible children's area admission. Requesting 4 fields.Time is very overestimated but want to ensure we have plenty of time to setup and host an 8am-8pm tournament if registration goes well. 15 team maximum, lights needed after 5:00 pm. NOTE: ______.............. ............................. ... ............___ ____________...........................�_______......................mm If food is prepared on-site or off-site and brought to the event location to be offered to the public,free or at a cost, the vendor applicant must contact the Collin County Environmental Services Office in McKinney in order to inquire whether a Temporary/Short-Term Event Food Service/Health Permit is required prior to the event. It is possible that a health inspector must examine food preparation and storage equipment to assure the health and safety of customers. Please contact Clayton Stewart,Environmental Services Specialist,at 1-972-548-5528 or 1-972-548-5585. The Collin County website is www.collincountytx.gov. Sec.78-105 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, tobacco,cigarettes,fruits,candies,goods,wares or merchandise of any kind or nature whatsoever within the municipal parks 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 municipal parks or recreation or community center facilities of the city. 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Ya�4+lj eM 14„,,.E I r'§C, K \'''nit ,a „ , rti `1VMn' a 0 It A0,4 ,,,% 1),'t, .. „.',, a „» � i,,„A ' x . . .,,. 4,, .. ,; `k.�A- . +"'t '- ,, '44 o,. n4 <k, . .. ,.a,,. ., .. t 4 , ;,,Rdu,,i,,,l,",,,1 oat � �ew � t Wylie City Council AGENDA REPORT Meeting Date: August 14, 2018 Item Number: F (City Secretary's Use Only) Department: Purchasing Prepared By: G. Hayes Account Code: 100-5411-54210 Date Prepared: 8/6/18 Budgeted Amount: $75,000.00 Exhibits: Subject Consider, and act upon, the award of bid #W2018-80-A for Mudjacking Services in the estimated annual amount of $75,000.00 to Goliath Foundation Repair, LLC and authorizing the City Manager to execute any and all necessary documents. Recommendation A motion to award bid #W2018-80-A for Mudjacking Services in the estimated annual amount of$75,000.00 to Goliath Foundation Repair, LLC and authorizing the City Manager to execute any and all necessary documents. Discussion The Streets department utilizes mudjacking services to raise existing concrete slabs to their original lines and grade, and for filling the void between the bottom of an existing concrete slab and its subgrade. The City issued a competitive sealed bid for these services, and received one (1)responsive responsible bid from Goliath Foundation Repair LLC. Staff has reviewed the vendor's bid documents and recommends the award of bid#W2018-80-A for Mudjacking Services be awarded to Goliath Foundation Repair LLC in the estimated annual amount of$75,000.00. This award will establish an annual contract with renewals. (Rev 01/2014) Page 1 of I Wylie CityCouncil Y AGENDA REPORT Meeting Date: August 14, 2018 Item Number: 1 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: July 20, 2018 Budgeted Amount: Exhibits: 9 Subject Hold a Public Hearing and consider, and act upon, a change in zoning from Neighborhood Services (NS) to Planned Development Single-Family/Community Retail (PD-SF/CR) to allow for a 116 single-family lease development with commercial uses on a 14.235 acre tract of land generally located on the southeast corner of Country Club Road and Park Boulevard. (ZC 2018-08) Recommendation Motion to deny a change in zoning from Neighborhood Services (NS) to Planned Development Single- Family/Community Retail (PD-SF/CR) to allow for a 116 single-family lease development with commercial uses on a 14.235 acre tract of land generally located on the southeast corner of Country Club Road and Park Boulevard. (ZC 2018- 08) Discussion APPLICANT: NEXMetro ENGINEER: HP Civil The Applicant is proposing a planned development to allow for a single-family style multi-family development of 116 units that will also include commercial uses. The property totals 14.235 acres and is currently zoned Neighborhood Services. The property abuts a daycare to the east and a single family development to the south and southeast. Across Park Blvd. to the north is a property also currently zoned NS and Dodd Elementary. Across Country Club Rd. to the west are Single-Family Estate homes, and to the northwest is Wylie United Methodist Church. The Comprehensive Land Use Plans designates the subject tract as General Urban Sector. This sector provides for a wide range of opportunities to live, work, and play. The General Urban Sector primarily supports the retail, service, office, light production and research and development uses. Some high density residential development may occur within the General Urban Sector,provided that it is in a mixed-use type setting. Exhibit B is the proposed development standards. Exhibits C and D are a concept plan that shows the proposed layout of the residential and commercial uses and a 3-D rendering of the concept plan which visualizes the proposed development integrated into surrounding existing development. The development standards proposed will have the underlying regulations of Single Family (SF) and Community Retail (CR). The development will follow the Zoning Ordinance for those two districts unless explicitly stated otherwise within the PD Conditions. (Rev 01/2014) Page 1 of 2 Page 2 of 2 Some of the major differences between the PD and base zoning are: - The overall unit per acre density is lower due to the single family/duplex nature of the development. - Individual units are allowed to be smaller. - Parking is set based on unit type. Ordinance requires two spaces per unit regardless of size. - Residential Adjacency Standards (RAS) are reduced to a fixed 15'. Rather than meeting the 3:1 slope ratio as required by the RAS, the building setbacks will be 15' from the property line The development will also include; a leasing office, pool, open space/activity area, and direct pedestrian connections to adjacent neighborhood. The commercial aspect of the project contains 2.656 net acres, shown as a shaded area on the far northwest corner of the property, will be developed to include uses as allowed by right in the Community Retail Zoning District and will follow the base design guidelines of the zoning ordinance in place at the time of submittal. A Right of Way dedication will be made along Park Blvd. to allow for future expansion of the road. Notification/Responses: 34 notifications were mailed with two responses returned, both in favor of the development. Three other responses were received from Wylie residents outside the notification area, in opposition to the development. PLANNING& ZONING COMMISSION DISCUSSION: Commissioners expressed concern that it did not comply with the Comprehensive Land Use Plan and had concerns with wood fencing adjacent to the existing residential development. The applicant stated that a masonry fence could be constructed. Several citizens spoke in opposition of the request. The primary consensus from those who spoke was to leave the entire property as commercial or have more commercial land rather than just 3 acres. The Commissioners voted 5-0 to recommend denial. ,".. 21 221 .11 31 31-9 � ` ( Ig ..__.,_ 23 $ 7 '6 5 ,3. 2 7 1 1 n 26 2542 •�D( 27 4 {f 7 6 � 2 2 sYM 12� 6 naC 5 k0 6 3 0 r/ , 11 1 14 17.: 4.,,,, I 1 " 1 , 4. . 11 . 15 1 / ,E 12 WYLIE UNITED 1 14°. 1 .., 7 ..,��'1�K�3f 26�7 2 zai 18 '�"7 TRCH ! ,.:. -.BIR H a � 1a ,1 it 1 1 IR E ?: ' . 3 __. METHODIST FA .Me- CL �N 27 24 10 EA0�3R.. 2 1412 161.1 16.1 F71, 12 ;13 I4 15 16 16., am.. . 91 1, 12 DODO PARK DtDD _ 13 •Subject Property ELEMENTARY °i� T �� E D ," SCHOOL. 1.! 2 3. 5 6 7 8 DODD EIVIENTARY 1 „ 1 ;11 2 �__ SC�QL 17 16 1,4 13 10 9 10 TU, . .-- "..."�? a 4 9 3 12 11 ,: lF . 17 16 "13 ,__ 14 C, HA A Di " -. MCM LLEN . ESTA,E 1-4 1-5 S EOQT ' 1 '2 a G, 6i 6 7 -8 LC?D �... _,....._. _ 1.4 13/1 11 101,9. • „1-6 2-10F & 2 .. 2-108 • .._ 6 g,. 20 4 74 a. , 1 12 13 14';.15 16°' 17 .18 " ,�." 24:2 .4 12 1P I0 s19: 17 r18� / 4 c/`20,` 7'8 28 s : 7 i LLB F RM a...".._ .. ... e11 ;1 6, ; 1 ... ,11 ,.' '- s. 6 8 C , .,. 7 /12, 15 20 � . `< ,, 75 N'; 'i 1 6 6 13: 14 ` °21' 1.f 22 23 23/22 711 ?° #'} 5' 14 113 22, Its ;�I 4 , :n: 1 3 ` w 5: 4' 15 "12 231. 25 1 2 t , 20 � 14 6 " �% FA ' ! , 17 1 "...,WY 1— 1 . L,.. z , 17 ,1a 2 . ` 19/,`:r" 1 '-s { ii/ �1 1._1 ..18 6 6 26 111 1 I 2%T V' 1 1..... /113; /'t/ 2 w .E._. LTG 1 / 1? .: 1 / 3 LAKE RANCH 6 2 2 � 1 2.� 7 28° / 14 / •5:P IAl' 0�11 12 13 14 15 16 17 18° 4 5 10 5 30 _ � I ✓ 27 4 11 ° 41 ' 4 / 5 '� 29 1 ESTATES UN�COL.N DR _ , f 5�:, r--6., i [ /5',l 6" =5 r 6s 1 1 : 6 1I p 1 -,3 11211 ; 3, . 3 R '11_ 6 y? LOCATION MAP ZC 2018-08 Map Date:6/28/2018 Page 27 of 87 EXHIBIT "A" LEGAL DESCRIPTION STATE OF TEXAS § COUNTY OF COLLIN § BEING a tract of land situated in the CHARLES ATTERBURY SURVEY, ABSTRACT NO. 22, in the City of Wylie, Collin County, Texas, and being a portion of a tract of land described in deed to Birmingham Land, Ltd. as recorded in County Clerk's Instrument No. 94-0029675, Official Public Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a mag-nail in concrete set for the northwest corner of a 20-foot right-of- way dedication as shown on plat of Birmingham Farms Addition, Phase 13A, an addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet Q, Page 576, Official Public Records, Collin County, Texas, on the east right-of-way of Country Club Road, a variable width right-of-way, said point being South 89 deg 32 min 10 sec West, a distance of 20.00 feet from the northeast corner of Lot 11, Block C, of said Birmingham Farms Addition, Phase 13A; THENCE North 00 deg 27 min 31 sec West, along the east right-of-way of said Country Club Road, a distance of 346.87 feet to a mag-nail in concrete set for corner; THENCE North 89 deg 32 min 29 sec East, departing the east right-of-way of said Country Club Road, over and across said Birmingham Land tract, a distance of 285.16 feet to a 1/2-inch iron rod with red plastic cap stamped "WAI" set for corner; THENCE North 00 deg 28 min 09 sec West, continuing over and across said Birmingham Land tract, a distance of 508.11 feet to a mag-nail in asphalt set for corner on the south line of a tract of land (Tract II) described in deed to Wylie Independent School District as recorded in Volume 4139, Page 2739, Official Public Records, Collin County, Texas; THENCE North 89 deg 31 min 51 sec East, along the south line of said Wylie Independent School District tract (Tract II), a distance of 214.30 feet to a 1/2-inch iron rod with a red plastic cap stamped "WAI" set for the southeast corner of said Tract II and the southwest corner of Tract I of said Wylie Independent School District tract (Tract I), said point being the beginning of a curve to the right having a radius of 1,084.00 feet, a central angle of 13 deg 22 min 49 sec, a chord bearing of South 83 deg 46 min 16 sec East, and a chord length of 252.57 feet; THENCE along the southerly of said Wylie Independent School District tract (Tract I), an arc distance of 253.15 feet to a 1/2-inch iron rod with a red plastic cap stamped "WAl"set for the northwest corner of a 70-foot right-of-way dedication as shown on plat Page 28 of 87 of Bear Foot Lodge Addition, an addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet P, Page 901, Official Public Records, Collin County, Texas; THENCE South 00 deg 26 min 42 sec East, departing the south line of said Wylie Independent School District tract (Tract I), along the west line of said 70-foot right-of- way dedication, passing the northwest corner of Lot 1, Block 1, of said Bear Foot Lodge Addition at a distance of 72.09 feet, along the west line of said Lot 1, an additional distance of 363.47 feet, a total distance of 435.56 feet to a 1/2-inch iron rod with red plastic cap stamped "WAI" set for corner; THENCE North 89 deg 32 min 40 sec East, along a westerly line of said Lot 1, Block 1, a distance of 20.00 feet to a 1/2-inch iron rod with red plastic cap stamped "WAI" set for corner; THENCE South 00 deg 26 min 42 sec East, continuing along the west line of said Lot 1, Block 1, passing a 5/8-inch iron rod with a plastic yellow cap found for the Southwest corner of said Lot 1, Block 1, and the Northwest corner of Lot 9, Block M, of Birmingham Farms Addition, Phase 13B, an addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet Q, Page 574, Official Public Records, Collin County, Texas, at a distance of 30.78 feet, along the west line of said Lot 9, Block M, of said Birmingham Farms Addition, Phase 13B, an additional distance of 129.71 feet, a total distance of 159.95 feet to a 1/2-inch iron rod with red plastic cap stamped "WAI" set for corner on the Northwest right-of-way of Tuskegee Drive, a 50-foot right-of- way, said point being the beginning of a non-tangent curve to the left having a radius of 50.00 feet, a central angle of 94 deg 39 min 09 sec, a chord bearing of South 18 deg 39 min 06 sec West, and a chord length of 73.52 feet; THENCE along the northwest right-of-way of said Tuskegee Drive and said non-tangent curve to the left, an arc distance of 82.60 feet to a 1/2-inch iron rod with red plastic cap stamped "WAI" set for the northeast corner of Lot 20, Block C, of said Birmingham Farms Addition, Phase 13B; THENCE South 89 deg 33 min 18 sec West, departing the northwest right-of-way of said Tuskegee Drive, along the North line of said Lot 20, a distance of 130.95 feet to a 1/2-inch iron rod with plastic cap stamped "TWBARROW" found for the northwest corner of said Lot 20; THENCE South 00 deg 26 min 42 sec East, along the west line of Lot 20 and Lot 19, Block C, of said Birmingham Farms Addition, Phase 13B, a distance of 160.60 feet to a 1/2-inch iron rod with red plastic cap stamped "WAI" set for corner on the north line of Lot 17, Block C, of said Birmingham Farms Addition, Phase 13B; Page 29 of 87 THENCE South 89 deg 32 min 12 sec West, along the North line of said Lot 17, passing a 1/2-inch iron rod with plastic cap stamped "TWBARROW" found for the Northwest corner of said Lot 17 and the Northeast corner of Lot 16, Block C, of said Birmingham Farms Addition, Phase 13A at a distance of 33.50 feet, along the North line of said Lot 16, an additional distance of 42.13 feet, a total distance of 75.63 feet to a 1/2-inch iron rod with red plastic cap stamped "WAI" set for corner on the North line of Lot 16, Block C, of said Birmingham Farms Addition, Phase 13A; THENCE South 89 deg 32 min 10 sec West, along the north lines of Lots 16, 15, 14, 13, 12, and 11, Block C, of said Birmingham Farms Addition, Phase 13A, distance of 539.39 feet to the POINT OF BEGINNING. CONTAINING within these metes and bounds 10.910 acres or 475,268 square feet of land, more or less. Bearings shown hereon are based upon an on-the-ground Survey performed in the field on the 23rd day of March, 2018, utilizing a G.P.S. bearing related to the Texas Coordinate System, North Texas Central Zone (4202), NAD 83, grid values from the GeoShack VRS network. Page 30 of 87 EXHIBIT B PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS (Zoning Case 2018-XX) 1.1 Purpose: The purpose if this Planned Development (PD) is to provide the appropriate restrictions and development controls to permit a residential development(Tract 1) in a manner compatible with the surrounding developments as well as a supporting commercial development (Tract 2) at the hard corner of Country Club Road and Park Boulevard. 2.0 Street Requirements 2.1 Country Club Road: A 20 foot Right of Way (ROW) dedication is required along the entire Country Club Road frontage throughout Tract 1 and Tract 2. A 15 foot Landscape Buffer will be located directly adjacent to the ROW dedication. The Landscape Buffer is to be developed in accordance with the City of Wylie Zoning Ordinance (Section 4.3.E.4- Landscaping of Street Frontages). A southbound left turn lane into the proposed Tracts will be required. A northbound right turn lane as proposed on Exhibit C Concept Plan attached hereto will be done as part of the standard Site Plan Process. 2.2 Park Boulevard: A 70 foot Right of Way (ROW) dedication is required along the entire Park Boulevard frontage throughout Tract 1 and Tract 2. A 15 foot Landscape Buffer will be located directly adjacent to the ROW dedication. The Landscape Buffer is to be developed in accordance with the City of Wylie Zoning Ordinance (Section 4.3.E.4- Landscaping of Street Frontages). A westbound left turn lane into the proposed Tracts will be required. An eastbound right turn lane as proposed on Exhibit C Concept Plan attached hereto will be done as part of the standard Site Plan Process. 2.3 Impact and Inspection Fee Credit: The cost of the public street improvements required of this PD are to be used as a credit towards the Roadway Impact Fees required for the development that installs the public street improvements. 3.0 Tract 1 — Single Family & Two Family Residential Homes for Lease 3.1 General Description: The residential development within this PD is intended to accommodate single family & Two Family homes for lease located on a single parent tract with supporting on-site management and maintenance services. Development standards for the aforementioned residential development are outlined within the following standards. Page 31 of 87 3.2 Permitted Uses: a. Residential units as described herein. b. Private or public recreation facilities c. Utility distribution lines and facilities d. Walkways, playgrounds, and neighborhood recreation facilities including swimming pool and spa. e. Leasing office with mail kiosk. f. Detached garages and covered parking structures 3.3 Development Standards: See Figure 3-1 Figure 3-1 - Tract 1 -Residential District Dwelling Regulations Proposed Zoning Existing Zoning 1BR-635; 2BR-960; 3BR- EF-750; 1BR-900; 2BR-1,000; Minimum Square Footage 1,235 3BR-1,200 Maximum Density 12 Dwelling Units/Gross Acre 15 Dwelling Units/Gross Acre Building Separation 6 feet Eave Line to Eave Line - Maximum Building Height 25 feet - Minimum Masonry Content 80 Percent 100 Percent Yard Requirements Adjacent to ROW 25 feet 30 feet Adjacent to Residential Uses 15 feet 20 feet Adjacent to Commercial Uses 10 feet 20 feet Screening Requirements 6 foot wrought iron fencing with masonry columns 50 feet Adjacent to ROW o.c. - 6 foot minimum height wood 6 foot minimum height Adjacent to Residential Uses fence masonry fence Adjacent to School, Business 6 foot minimum height wood Uses fence - 6 foot minimum height masonry screening wall with Adjacent to Commercial Uses masonry columns 50 feet o.c. - Parking Requirements 1 Bedroom Unit 1.75 Spaces per Unit 1.75 Spaces per Unit 2 Bedroom Unit 2.0 Spaces per Unit 2.0 Spaces per Unit 3 Bedroom Unit 2.0 Spaces per Unit 2.0 Spaces per Unit Leasing Office 1.0 Space per 400 square feet 1.0 Space per 400 square feet Page 32 of 87 3_4 Architectural Standards: The building architecture shall generally conform to the character of Figure 3-2 (Unit Variation Example) and shall be designed in accordance with the following: a. Each unit shall provide a private, fenced yard. In order to minimize water usage and maintain tenant privacy decomposed granite will be utilized in the private rear yards. One tree will be planted in the enclosed yard provided for each unit. b. A minimum of two distinct elevations shall be provided for each residential floor plan (6 total). Refer to Figure 3-2 for an example of the unit elevation variations. c. Variation of roof elevations and exterior wall materials/colors shall be incorporated to provide architectural variety. Allowable materials to include brick, stone, synthetic stone, stucco, and fiber cement siding. Final facade design specifics to be submitted and approved during the Site Plan phase. d. Entry monument signage shall be backlit. raTh i. ^r^, � r N,M xN"R ++ a„ w i' ` i I ` a u ma fi, kt, ., I � r M I w * 'VI „ 01 :,8 - `r ' wm r' W id Arc r+a ' y nM `. a' ``` " ', w . I re rr. One Bedroom Facade Examples � ' I:,) 1 .. .° ,.4., f 'aY �du r ya„ �� i, h & S „ru a �" �,~ r a,^', ' a. I a r ��xv�; ':" �, , k � k 16or w Ill rkk, y '�w � � � �'qt 'N 400t �V N � � f ^ �W �� r ,,w«w" w�. � �:w;r44*P;, i ;�°, w. .� ' .,.v� r i n C � rxV>n� � �— .,... .,, w' ,.��w.xv ,'.'�'s� «Mr, Two Bedroom Facade Examples f " "° " 5 "a� ; �M , a ,„ 'a°r�.�._'w.,.., ..�...�,.,..,�. ._. +w, w; ;ww;m.aaw;.ar,'' ry M�� M! Three Bedroom Façade Examples Figure 3-2 - Unit Variation Example Page 33 of 87 3.5 Additional Provisions: The residential development within this PD is intended to meet the requirements of Article 7(General Development Regulations) of the City of Wylie Zoning Ordinance except where detailed within this document and Exhibit C Concept Plan attached hereto. 3.6 Special Conditions: a. All residential units shall be sprinkled in accordance with NFPA 13D Standards. b. Amenities for the site shall include a pool, spa, arbor, usable open space, and centralized green space with concrete walking paths as shown per Exhibit C Concept Plan. All amenities shall be constructed prior to the issuance of any residential certificates of occupancy. 4.0 Tract 2 — Commercial Development 4.1 General Description: The commercial development (Tract 2) within this PD is intended to support the surrounding developments by providing shopper and consumer goods, retail, and personal services. Tract 2 will generally conform to the Community Retail (CR) Zoning District as found in Article 5 (Non-Residential District Regulations) of the City of Wylie Zoning Ordinance. Development standards for the aforementioned commercial development are outlined within the following standards. 4.2 Permitted Uses: Refer to the City of Wylie Zoning Ordinance Article 5 (Use Regulations) for the permitted uses in a base CR Zoning District as they exist at the time of permitting. 4.3 Development Standards: Refer to the City of Wylie zoning Ordinance Article 4 (Non- Residential District Regulations) for the permitted design standards in a base CR Zoning District. 4.4 Additional Provisions: The commercial development within this PD is intended to meet the requirements of Article 7(General Development Regulations) of the City of Wylie Zoning Ordinance except where detailed within this document and Exhibit C Concept Plan attached hereto. Page 34 of 87 II A ,,,,„ .^'' �+ i .. ... ...,. i yr�t y 't �. arm saaF• ,r' =" 75' fl �� * �i Cornroum ties i i e. 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FARMS,/#4, -`E ,i I - t wt x .._ c DR.- IM. 31 31 9 71 -11 1 m,7 8 s 7 '1 ..1- ' 27 F 25 4 23/ 8,.,1 7 E 5� 4 3 1_,,,...- 21 6- 9 6 . 2 '2 26 ,., J . _ . =,-'- 3 20 ..11 '12 t3/'14 owe 17. �0 . ''' „4--; -;›; > 1 1'; _.4 ' 114 16', 'i/i ,i/ � f; �� /�3, 12 5 ti / 4 r .° ' /, 2. 2 13 2 7 ,26 "":2829 18 ttt f 14I�3 f WYLIE UNITED 1 } L4< 1 157 tt METHODIST z �� N }• " ..t J ---12": 31132 ' 27 CHURCH 994 11 12 1 ! -w. 1 .t UMISUS Na. ;: . Id , ARSc R R DE 2 1'3 4 5 6 ': 8 1 of-ant BIRMINGHAM 6 � 3 FARMS a 3A 11 12I 13 '14 15 16 �, .�.,..w,�. „w i DODD F APIK DODD \15 1 .12 tIt1 ELEMENTARY .NTSVILLE DR SCHOOL 1 t 6. ' 8' « �' :.. .. DODDLEMENTARYI 7141312 SCHOOL 17 1G 15 11 10 9 10 TUSC&L,_ DR.�„, r 1 2 "3 4 5` 6 7 18 '9. �s$�� f 6 15 !4 1 � 1ItIniitarII''":'-';';'III-I'II"'",-;" J, ,16 il 97 ; r -,11, Li: 1 I2 r11'`1 Q ,� r—'n x k`^c m, i ,, t �. ,. ( CAHABA 1-3 17 t8 Y*k `,1 2 3 4 5 '6 7 8 �: I . m,_. a,.�. ...M III, L t GE..,''N\ '� ) 12 11�1E1 1,4,:. 1-5 f`:. 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AT�wSI ..�:._. _. _.., .,_, g ,5;` 4 ` I 4 3�,' ..12 // ... ,g.,"ti / ,211" 1 PROPERTY NOTIFICATION MAP ZC 2018-08 Map Date:6/28/2018 Page 37 of 87 ,,. --- -- — -- -- --— ---„, --- 1(Wllii OE Avila Pa firwiew ono ay Owner NotifIcAon PROPERTY ID GEO 10/XREF OWNER NAME DOING BUSINESS AS OWNER ADDRESS OWNER CITY VNER OIL OWNER ZIP BLOCK TRACT/LOT LEGAL DESCRIPTION 2004294 R-2885-000-0040-1 RUBALCAVA RAUL&MIREYA 1315 FM 1378 WYLIE TX 75098-7702 4 MCMILLEN FARMS(C(01Y),LOT 4 2028608 R-3251.000-0019-1 BHIKADIA SANIAYKUMAR&VANONA BOO HUNTERS GIN MURPHY TX 75094-4375 1-9 MCMILLEN ESTATES(CWY),LOT 1-9 2070931 R-60224100-0100-1 WYLIE ISD PO BOX 490 WYLIE TX 75098-0490 10 ABS 50022 CHARLES ATTERBURY SURVEY,TRACT 10,10,799 ACRES 2150371 R-28854000.0030-1 FULLER MARVIN&MELISA PO BOX 2812 WYLIE TX 75098-2812 3 MCMILLEN FARMS(CWY),LOT 3 2153138 R.3251.000-210A-1 LARGEY HENRY&LANA FAMILY REVOC TRUST 134S COUNTRY CLUB RD WYLIE TX 7E098-7702 2-10A&2-10B MCMILLEN ESTATES(CWY),LOT 2-105&2-108 2559163 R-85713-0004I001-1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-3000 ROM BEAR FOOT LODGE ADDITION(CWY),LOT ROOL ROW 2559164 R-8578.001-0010-1 BEAR FOOT LODGE PRIVATE SCHOOL I/O RODERICK&BONNIE L WATKINS 2049 STRAND RD WALNUT CREEK CA 94596-5737 1 1 BEAR FOOT LODGE ADDITION(CWY),BIN 1,LOT 1 2583038 R-8800-00C-0170-1 GANDARA SUSANA RAMIREZ&HUMBERTO 1508 BREWTON RD WYLIE TX 75098-8631 C 17 BIRMINGHAM FARMS ADDITION PHASE 13E1(CWY),BEE C,LOT 17 2583039 R-8800-00E-0180-1 HILL RYAN 717 TUSKEGEE DR WYLIE TX 75098-8619 F 18 BIRMINGHAM FARMS ADDITION PHASE 13B(CWY),BLK F,LOT 18 2583043 R-8800-00K-0010-1 URBAND LUCIAJ 1329 GREENSBORO DR WYLIE TX 75098-8608 K 1 BIRMINGHAM FARMS ADDITION PHASE 138(CWY),BLK K,LOT 1 2583045 R-8800.00M-0010-1 ADAMS CAMILLE 0& JOSEPH R ADAMS II 1331 LUVERNE DR WYLIE TX 75098-8607 M 1 BIRMINGHAM FARMS ADDITION PHASE 138(CWY),BEN M,LOT 1 2583060 R-8800-00C-0180-1 THAI CRYSTAL THANH&BRIAN CHAO 1506 BREWTON RD WYLIE TX 75098-8631 C 18 BIRMINGHAM FARMS ADDITION PHASE 13B(CWY),BLK C,LOT 18 2583061 R-8800.00C,0190-1 REED PEARL V-LE GAYNELL REED 801 TUSKEGEE DR WYLIE TX 75098-8620 C 19 BIRMINGHAM FARMS ADDITION PHASE 138(CWY),BLK C,LOT 19 2583062 R-8800.00E-0200-1 SZATKOWSKI GEORGE C&BARBARA 803 TUSKEGEE DR WYLIE TX 75098-8620 C 20 BIRMINGHAM FARMS ADDITION PHASE 1313(CWY),BLK C,LOT 20 2583182 R-8800-00M-0020-1 SLAUGHTER MICHAEL LEE&AMBER RUTH 1329 LUVERNE DR WYLIE TO 7509R-8607 M 2 BIRMINGHAM FARMS ADDITION PHASE 13B(CWY),BLK M,LOT 2 2583186 R-8800-00M-0060-1 COURT ELIZABETH C 1326 GREENSBORO DR WYLIE TO 75098-8609 M 6 BIRMINGHAM FARMS ADDITION PHASE 13B(CWY),BLK M,LOT 6 2583187 R-8800-00M-0070-1 SHARARA ELIZABETH 1328 GREENSBORO DR WYLIE TX 75098.8609 M 7 BIRMINGHAM FARMS ADDITION PHASE 138(CWY),BLK M,LOT 7 2583188 R-8800-00M-0080-1 WYNN GREGORY R 804 TUSKEGEE DR WYLIE TX 75098.8620 M 8 BIRMINGHAM FARMS ADDITION PHASE 130(CWY),1311(M,LOT B 2583189 R-8800-00M-00901 HOLLOWAY COREY D&JENNIFER M 806 TUSKEGEE DR WYLIE TX 75098.8620 M 9 BIRMINGHAM FARMS ADDITION PHASE 138(CWY),BLK M,LOT 9 2584613 R-8801-000-ROOL1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098.3000 8001 BIRMINGHAM FARMS ADDITION PHASE 13A(CWY),LOT R001,ROW 2584634 R-BIOSOOC-0100-1 STEVENSON ANN RENE 717 BEAU DR WYLIE TX 75098.8627 C 10 BIRMINGHAM FARMS ADDITION PHASE 13A(CWY),ILK C,LOT 10 2584635 R-8801-00C-0110-1 WILLIAMS VICKI L 6512 BRIAR LAKE TEL SACHSE TX 75048-5525 C 11 BIRMINGHAM FARMS ADDITION PHASE 13A(CWY),ILK C,LOT 11 2584636 R-8801-00C-0120-1 CHAPMAN.IEREMI 1518 BREWTON RD WYLIE TX 75098-8631 C 12 BIRMINGHAM FARMS ADDITION PHASE 13A(CWY),ILK C,LOT 12 2584637 R-8801-00C-0130-1 ZACHARY KENNETH WAYNE 1516 BREWTON RD WYLIE TO 75098-8631 C 13 BIRMINGHAM FARMS ADDITION PHASE 13A(CWY),BLK C,LOT 13 2584638 R-8801-00C-0140-1 CHWALISZEWSKI ROBERT P 1514 BREWTON RD WYLIE TX 75098-8631 C 14 BIRMINGHAM FARMS ADDITION PHASE 13A(CWY),ILK C,LOT 14 2584639 R-8801-00C-0150-1 JAMESON SHANNON NICOLE 1512 BREWTON RD WYLIE TX 75098-8631 C 15 BIRMINGHAM FARMS ADDITION PHASE 13A ICWY),BLO C,LOT 15 2584640 R-8801-00C-0160-1 BARWARY ZACK 1510 BREWTON RD WYLIE TX 75098-8631 C 16 BIRMINGHAM FARMS ADDITION PHASE 13A(CVVY),ILK C,LOT 16 ° 9,9 2584661 R-8801-00E4)0904 LUNA DIANA&ISRAEL 716 BEAU DR WYLIE TX 75098-8628 E 9 BIRMINGHAM FARMS ADDITION PHASE 13A(CWY),BLK E,LOT 9 2584662 R-8801-00E-0100-1 AIRIR LAHCEN&ZAKIA ZEKRI 717 DECATUR WAY WYLIE TX 75098-8625 E 10 BIRMINGHAM FARMS ADDITION PHASE 13A(CWY),ILK E,LOT 10 2584686 R43801-00F.01701 LEWIS LINDA SIMPSON 716 DECATUR WAY WYLIE TX 75098-8626 F 17 BIRMINGHAM FARMS ADDITION PHASE 13A(CWY),BIN F,LOT 17 2584688 R-8801-DOC.0010-1 BIRMINGHAM HOMEOWNERS'ASSOCIATION I/O CMA 1800 PRESTON PARK BLVD STE 101 PLANO TX 75093-5198 C 1 BIRMINGHAM FARMS ADDITION PHASE 13A(CWY),131K C,LOT L COMMON AP 2594743 R.8975-00A-0010-1 WYLIE UNITED METHODIST CHURCH WYLIE UNITED METHODIST CHURCH 1401 FM 1378 WYLIE TX 75098-7704 A 1 WYLIE UNITED METHODIST CHURCH ICWY),ILK A,LOT 1 2594744 R-8975-000-R001-1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098.3000 R001 WYLIE UNITED METHODIST CHURCH(CWY),LOT ROOL ROW 2671570 R-6022-000-0010-1 BIRMINGHAM LAND LTD 613 NW LOOP 410 STE 510 SAN ANTONIO TX 78216.5509 1 ABS A0022 CHARLES ATTERBURY SURVEY,TRACT 1,119 8696 ACRES Dear Planning and City Council, I will not be able to attend meeting. I wanted to voice my opinion. I live at 1414 Elkmont Dr,Wylie,Tx 75098. Mark Reeves Hello! My name is Jason Harvey and my family and I live in Wylie.We wanted to voice our opinion on the possible zone changing for the parcel of land at the corner of 1378 and Park where an apartment complex is being considered. Please don't allow this to happen.Traffic is already a bear going east on Park towards the schools and with the addition of yet another apartment complex it will make it that much worse; Not to mention the safety hazard with it being across from Dodd Elementary. Believe it or not several of us in Wylie like seeing the remaining green land and don't want the city turning into an urban community like Dallas.We are already concerned with how much increased traffic there will be when Collin College opens as the intersection of 1378/544 is already a traffic nightmare without the college. Thank you for your time, Jason Harvey Good morning, Thank you for responding to my request for information on the plans for the proposed project at the corner of County Club Rd and Parker. Since speaking with you, I did speak with Mr. Dixon Holman. Mr. Holman did answer all of my concerns in regards to the proposed planned residential community. He also provided me with the website where I could view the property in Plano,Texas. I was also provided with a rendering of what the community would look like. I took the information to friends that reside next to me. We are very concerned about what goes on the above mentioned land due to our residences back up to the vacant property. My friends are aware that I am including their names in this email. WE LOVE IT!!! We wish that it was already build. We feel that Wylie is due for a upscaled community such as this proposed community. I have had several friends in their late sixties and early seventies that have sold their homes and moved to similar 2 communities in other towns.They were looking to downside and also wanted properties where someone else did maintained the property. But they did not want apartment style living. Gaynell Reed 801 Tuskegee Dr. Wylie,Texas 75098 George & Barbara Szatkowski 803 Tuskegee Dr. Wylie,Texas 75098 If there is anything that I can do to help this project be a success please let me know. Page 39 of 87 Mary Bradley From: Michael McDermott <mcdnet@gmail.com> Sent: Wednesday, July 4, 2018 6:19 PM To: Planning; Council Subject: Development @ the corner of Country Club and Park/McMillan Greetings and Happy Fourth of July Council members as well as members of the Planning&Zoning board. My name is Michael McDermott and I have been a Wylie resident for 10 years. This email is my first contact with both of your groups to express my disagreement with the proposed change in zoning of the corner of Country Club and Park/McMillan. My wife and 2 sons and I live in the Birmingham development just south of the proposed zoning change area. My position is that this planned zoning change and development would have lasting impact and be a disservice to not only all of the residents that live in the area but all Wylie residents that are already underserved with commercial and retail opportunities in Wylie. My disagreement with this zoning change is not just to protest the "single family rental homes"that are proposed for this location. My issue is that the west side of Wylie only has 3 main streets that cross east and west. 544/Kirby, Park/McMillen and Parker. We know that the corner of 544 and Country Club will not have any more build out as the south west corner has Wylie High, the south east corner now has the Texas Credit Union. The two north corners will have no development because of the railroad tracks as well as the homes on the west side, and the trail on the east side. Once you travel north from 544 on Country Club,you pass the only commercial property in the area at Brown. Past that there is not one bit of commercial development for the next 2 miles until you reach Parker. And even that area only has "planned" development as far as residents are currently aware. So if the corner of Park/McMillen is changed from commercial/retail to residential it will mean that one of few prime locations on Country Club for retail and commercial development will be taken away for the foreseeable future. I attended the last council meeting and heard discussion on the potential rebuild of McMillen and the years long mess that the S curve has been. We know that there is discussion about widening that road from a 2 lane to a 4 lane from McCreary to Country Club. Which would again mean a potential larger intersection that would be another opportunity for more retail and commercial development.... Unless the city allows residential to take over this corner. I would proposed to the members that what could potentially be done with this intersection to bring benefit to the city and residents is to partner with a builder to put a commercial development in place that would also allow a police substation in this location. There are currently no police substations anywhere in Wyle. The police building is almost 10 minutes away from this intersection. It would greatly benefit the residents of west Wylie to have a closer police presence in our area. We have a fire station on Country Club, and fire station 5 is planned for just down the road on Park/McMillen, but there are no police substations anywhere. I know that both the council and the P&Z board are aware of the statements of residents related to chicken stores and nail salons. But the commercial/retail balance in the city of Wylie is totally out of proportion. It is well known that Wylie has the highest city tax rate in all of Collin County and my contention is that a major reason for that is there are no where near enough commercial/retail tax payers...and sales tax revenue...to help carry the load of the city's needs and all of this burden is laid on the residents. We need to be adding to the commercial/retail tax base, not blocking it by changing one of the very few prime intersections in west Wylie to a residential zoning. There are many other open areas that this developer could build their single family rental homes. Even at the other end of Park down at Ballard. But choosing this intersection only benefits this developer and not the residents of Wylie. 1 Page 40 of 87 I am planning to attend the July 17th meeting of the P&Z board to address the board on this matter. I am also planning to attend each council meeting to get an opportunity to address this. I would be happy to discuss this with any individual at any time. Thank you for reading and considering this. Michael McDermott 609 Decatur Way 2 Page 41 of 87 Mary Bradley From: A.J. Crahan <ajcrahan@gmail.com> Sent: Saturday, July 7, 2018 8:35 PM To: Planning; Emily Crahan; Council Subject: Rezoning for apartments at Park and Country Club Please don't rezone for apartments at Park and Country Club. I know I don't technically get a vote in this, but I'm letting you know that if I could vote I would vote against rezoning. And if my sentiments aren't being heard by my Wylie leadership, then I will work to replace the current leaders with different leaders. I imagine that I'm in the same boat as a lot of the home owners around here. I specifically purchased my home in Biliiiingham Farms because we liked the location and the surrounding (walking distance) area. One of the data sheets our realtor gave us when we bought the home included the zoning restrictions for the surrounding area within walking distance. This weighed HEAVILY on our reasoning for buying our home. If the City Counsel or the Zoning Board rezones the areas around us, I will transition from a happy quiet citizen of Wylie, to being loud and outspoken one. My goals will be to get the area rezoned back to its original plans, and to replace the current leadership. - -A.J. 1 Page 42 of 87 70;0,a t o'ttamtil. 1Ck'43 r r A-OK3°22,49. � SCH44 IS ONCE Z1A 41 L*+2.rS A9 w 1 MIT f C N L +.�5 AMR. 3 q 4hOMB,"'I 'i5$_1lJ NExmetro v_LA n yr .... __......., ESP s ..„, Ck Lr25a.5T1,0 'alga ,NlyCommunities {{ m_m e s ss3as -Lnt[� Q wanr � —�_t . ss an At DEVELOPMENT TEA n , f t1.0 da t w w NEt„ . 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Ch B=SS3°46 18 E IQ C SF. b/ >y �IChL 25257 , C FOITT T OPTIC MARKER- - .Y j / —_ ,'} _ 03' /R 150845001. rc�'F=GI a I m a . - .Nye' — - N` 3 3 GL s ( "` — sro ( T —F/ a Ot3 VOLUME as ToEL ae B GM GAS METCR GI. GAS MARKER voLoGR. GAS RISER 7FI HO VICINITY MAP CV IRE IRON ROD IN LP LIGHT POLE O. OVCRHCAD L Y T. rc PM PAINT MARK PP POWER POLESB SIGNAL SS SANITARY SEWER \UGC UNDERGROUND O.E XCE X TUT IN CONCRETE FOUND CO 1 AREA TABLE CC.4-0029675 Zo 1° AREA ACRES SQUARE FEET �) GROSS AREA N 89 3240E ›" EA 4 N 10 910 ACRES 20.00 W *'': w o (425268 SQ.Fl.) Q RY CL -Ta Z I 1. �I >'O c .;ass No BUILDINGS OBSERVED .a of /L 'A,k'Lt 3 NO ADDRESS AVAILABLE an 20 o N893229 F 285.16 St ) T.L cn Lx- _ a GaS �' s LU CO W a=094.3909" z o Q @ �:fi; AREA TABLE R=50.00 is —IrP U r" ACRES SQUARE FEET L=8260 oh c,nL]3.52 CO o GROSS AREA __,, a„2. ChB Si8 3906 W/ / I 1 e xc sTO a �� aTat .. Z xow COUNT,CT. z SST L'R vz N z \ .. 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" � �: ' i�, �t trrn"n � " �'t`X>n•"j.',„,grvr� rr.Sk" iyrri,.areSt }mGftt{a": ' �, d=`r4Jrh'�pxpi"}`>gVG r} y ®taSI:tlfilr r � n l}0 rl �`'fi } , , `�' � ,�. 'r �*;>��"nF`' :> �sgtiFir;^x' lrt),Ly sit(.`l`tvr "" '„�,x„yt, c :i`Sc ,St.` k't f1S4ii} i.sr \ r1.*;, �o. " \‘ r4� \ t rikt sk, er k44, �e.'P' ., rv. ° " N9 .".:�rvw. . r. ..a,:. F ;mn,,nr,,9': .gip;' ,n, „ . r . r . _ .. . . , . ..;". �,"p 1xi. .... �..w".. �..r..,..N...... ....w.,t .� r.,�..,.A,:'".. , im Commu es • NexMetro Communities' Avilla Parkview mb • Located at the southeast corner of Park Boulevard & Country Club Road . • Mixed-use primarily residential (10.91 ac) with a restaurant & retail component (2.62 ac) on the corner of the tract. • Cohesively designed for walkability and continuity with the adjacent existing neighborhood . • 116 garden home style one-story residential units. alk b ■ Currently zoned "NS" Neighborhood Services As an example, existing zoning would allow a Walmart or similar use by right. All homes are single story. ■ Built to Wylie's single-family residential standards. 8: 12 Roof pitch . ■ Each home has a fenced back yard . commumbes • Open floor plans with High-end interior finishes: Quartz countertops Upgraded appliance packages • 10 foot ceilings c • Upgraded engineered flooring High quality fixtures • Large community green space with fire pits & gathering areas. 40, • Proposed residential use significantly reduces uommumbes future traffic impacts. Current zoning could create 3 to 4 times as much traffic as requested change. • We are a "Lifestyle Choice." Our residents seek us out. 0). Our typical residents are seniors, single professionals, two income couples. • Few children and very low impact on schools. Only 10%-15% of our residents have children . 0 40, ■ 45% of our residents are over 45 years old . Commumbes ■ In fact, 30% of our residents are 55 or older. ■ Pet friendly. ■ Average resident's annual income is $75,000+, Many of our residents have incomes well in excess of $200,000. ■ Lock & Leave / Maintenance Free / Easy Lifestyle ■ Monthly lease rates will range from at least $ 1 ,450 for our smallest homes to over $2,200 for our larger homes. max. t 0� • Pd ,q yJ „, a• aX � '^., kv� +� • i�' � {�p. cur � d S • e t z v v rv. i l M t I d Left Elevat9Cwi 141 irvoheiti Front Elevation C�;avwtfs�ni: 4�A°=Y'=t5'� 6nrrxwxrvti t3 9rq"=•r+t�- N CD 0 • • „ ^'^ S k S ^ � wr+rSk r a 'r�. r✓k'.d d �qe. ' �1 :i� o.; � •. .r „tt rra r e '?,,, i° I y • Right Elevation Rear Elevation Plan 2 - Scheme C Avilla Premier Series FELTING 01).P at s ar *v r era as 0.aestarpro ra „ .. . ,,,,,,'.',.,. . ',. •. . • , , „ . '.'. -,•,•.' .. .. .. . . .,. . .,„ Nttik‘ltliz,. ” .'. • .,• '•. .' ''..„.,,',,,4, „.4471,,,,..,,,A" . . . . . . —. . . , . , ,. . .. . . 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Licits0:2]....,.,',",!7,..i...',..,.....'.:...,,,:...46,.ir:,..44b..:,,,........,:,::..,:..!.„„...;..:•.,;,,:.::,...,,,:,,:,kt. ..•, r,,,r1.:,!:.Noi°:,::::,!!,z,....,,.m..,,,,•,....::!,:....0,,,.::. „;',.1,!::"::...,4....,,e,!T:,444,;,,,,,,,44.t. 461*tkrY, ,. ,,,,,,,,,,,q,a, ........ . .._ FELTENki,,,,,, WI ' blo, 0- ' iat Stlflo" 'pa Pm pt AVI-" :544t, hiq rn a ' mall 1 '— NE^,,,„,, i.net ro , , -,t,... t:..--.--.- . T., ....,..,,,,, ,BN M:4..4 , N44,4 I S �Mw r t a•N �x:, y y&�,f r au „yx.mx^ ''yeY. $ A Mk " u iiiitiitváii I ; ',.�x ' vl *o w � 1 '"a ar 4 % rt — �� ibtb;b V, +u .. y,�,orWu�" '' 4 ,v' ..,ryW-Aw4. F .v. { n# 9 M'rd, Left ElevationErg Front Elevation C12hrt,tt S.' t.a A 1'-#E" Ftr3raNvan,C ir3".�.ryLa^ b CD CD 01 cn co co J IM . W^ ,. I", V'm'mmx"„ N I�r 4 ,.� �ml�� R "rv"M ml M NO ti'x �,�IWMI " lur x, u" a :I imk to a: art 1 "" i Aviaa Premier Series >�E:Xr ,{ 6tm4`"k qi 04,,,,'i'u:^;sW.,,',v"?k k,,,tws i$CI Nd°'04,4 i i.F '.bL*n*P' e 'jai'"e`1t'N ar,y K:40,,,,:,�0.11,ri*se,i a.3'* Wylie City Council AGENDA REPORT Meeting Date: August 14, 2018 Item Number: 2 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: July 20, 2018 Budgeted Amount: Exhibits: 8 Subject Hold a Public Hearing and consider, and act upon, an amendment to PD 2017-17 to allow on street parking for Amenity Centers. Property generally located at the southwest corner of Hensley Lane and Woodbridge Parkway. ZC 2018-10 Recommendation Motion to approve an amendment to PD 2017-17 to allow on street parking for Amenity Centers. Property generally located at the southwest corner of Hensley Lane and Woodbridge Parkway. ZC 2018-10 Discussion Owner: Woodbridge North Commercial I,Ltd. Applicant: Herzog Development Corp. The applicant is requesting to amend PD 2017-17 which was approved in June 2017 to allow for townhome style development on the subject tracts. The purpose of the amendment is to allow for on-street parking at the Amenity Centers of Tract A-3 and A-4. The Zoning Ordinance, Section 7.3, states that required parking is located off-street. The applicant is proposing 13 parallel parking spaces of Tract A-3 and 10 spaces for Tract A-4. The design and layout are shown on Exhibits E-1 and E-2, respectively. These number of spaces are similar to other residential amenity center developments in the City which range from zero on the low end to 22 on the high end. However, a majority of those parking spaces are off-street and the applicant is requesting this development be allowed on-street. The concept plan, as part of the original PD, showed the parking as head in parking. However, at the preliminary plat the parking was changed to on-site and approved by City Council in August 2017. The applicant has requested the change to on-street parallel parking to accommodate a larger,more feature rich amenity center. The proposed parallel parking is within the public Right of Way. This means that, like a public street, after the development is accepted by the City,the City will be responsible for maintenance of the area. Notification/Responses: Thirty-seven(37)notifications were mailed; with no responses returned at the time of posting. PLANNING& ZONING COMMISSION DISCUSSION: The Commissioners questioned the maintenance of the on-street parallel parking and asked the applicant if they would maintain. The applicant stated that they would revise the PD conditions and state that maintenance of the parking would be the responsibility of the HOA. This will also be a part of the CCR's. The Commission voted 5-0 to recommend approval. (Rev 01/2014) Page 1 of 2 44 ,"TRACT A 1 1�_ t { �� 6 7 g i 2 r 442 4 - }11 M 1r C-__ 5 37 „ 1 n 2 0 1 1 3 IR 2 27 'P� N w44t � El-ill' 7 . 1 1E36 29 30 31 1 32 33; 1 6R 9R 15R 16R 1R 3R 48�, `'11 10 9R 8R 6R/ I 1R 7 8 12 R_. 1R314 -w, 5 2R fiA 4 47 _Utz_. 3 s ,, A 111 7R 8R-1 14R-1 I 17R-1 7 6 5 2 2 5 3 2 1 1 2R ___ 5 3 1 7 1 Si 33.. 29 1R-2 6 2C 1' --- p A 3 3_,_., g4 38:.. 12v Subject Property ' 13 15 3 Its 42 .a► / 0 11 10 __ , 3 __. '. 50 ..y 14 15 10 ,�i 4 Lii o1 9 101 12 13 14 15. r `' 1 WE O 6C 7 6CO A ° 7, 8; 16 1 _, 2r Li EMERALD 1 1 z'3(q 5 6 ; 1a 2 !^' 11 12 _.__ 45- __ 2 44� 42 38 36 45 41 4 -- 43 41 9 37 r HILLS LN 39 54 , 5 THEVILLASAT ,..OLLING 4 5 7 8 9 /^ / 11 WYLI Y 2 r 1 1 51 t RANDVIE l 9R ( /COPPER JR .. 18 . I �k DRAPER 7 INTERMEDIATE RM .DIA`IE 42 SCHOOL 10 19 14 � 11 — 6 k 34 Y 1 29 6, 2 5 1 ' r 7 . 6_ 13 /" 2 34.440,4 p 9 11141 0 ,1)'-7:--,8-11-11-1- 7 ( g 30 8 9 4 3 1 I 64 8 T 1 't0 9 . I5 6 7 8 12.1. -. .L,4 Y 3 14 44 '‘ 9 7 6 14 _.._ 29 22 9 8 7 4'` 5 2 191 <,t3t ,; ' 4 - /2311 _., . 3 i 13 12 .12 �.,..11a ,,1 2 3 c . ,7 _l6\f 1 _ ,--•, . :. �. .,. 1 23456789 4 �, 1.5 8 8 ' d,� .5_, ( _.1T :._ .,76R.a L....12 3 �� ^ 1 8 79 9 ._ 7l l.. 1 g �1.2 4 516 0 _—, 5 t _ 1R r $i/ 7 T 13141C aTIT� 1, 1( . .. 6 z •.^.l( 6 r , �f 4 45678 i { 1 3 4 7 22 6 8 4' "7 LOCATION MAP ZC 2018-10 Map Date:6/28/2018 Proposed Amendment to Ordinance No. 2017-17. Amendment To Exhibit "B" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS 2.04 Additional Parking Area requirements: Parallel parking for the amenity centers for Tracts A-3 and A-4 is allowed as shown on the attached Exhibit E-1 Woodbridge Townhomes Amenity Center Parking Tract A-3 and Exhibit E-2 Woodbridge Townhomes Amenity Center Parking Tract A-4. The homeowners association for Tract A-3 shall be responsible for the maintenance of the on-street parallel parking constructed at the Tract A-3 amenity center. The homeowners association for Tract A-4 shall be responsible for the maintenance of the on- street parallel parking constructed at the Tract A-4 amenity center. EY LAND ——— —r—,———-----;7——— -74(..,„.„.„, . .„ ,,, ,„,'?"'''' ,, -——:„— —c———:-—, -----, ---,, _ ,, .7.1'" ALLEY K T1I3 1 . . 1 1 14 1 .1: a, , . . . .. _.. APPLESNOM WAY .... t w t :N n: .ten .. .�.,s w n— ' ..s. w1 r R �mmr. ..�..m......are.s..+..- m,, ,�.«.m....® w. F w >L ^�-m..-mww vx.... w..:,ma W:.� �. `�k...".�,m..�,..^. �..a.,�,�.m,...� --r•�.w,m®..n:e�..m µi. Hmm ay { E. 1` >,ti27 a r ixi 1g91, g 111.,''1 ck 1 11, 26 , ' \;,.'L 28 B ,, 9 E .�, 30 31 q32 33_..., Nam; 41 a ... 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I I� � �� a " t s� � � �I)YI [BR 1 II p �. ..,�,,. .*.max M� m 14R"1 �� 2 2 . 1, � v1 r- — t1-111 ' q-6-J tip 1 F';6 0 1 E-le, I' , a , , ' AMBER WA ,� ....,,. i w,y _ 13 �34 �� .2, r -,, �� s ,� _.W 5 ° � �� H11 •r r�C C 1-65 1 �2 ��i 10 �+ , a i i ' ' i , II 45 I 41 , i 1 ). ..; 51 �" 4 CRANDV1E i :: A CONCORD ;l'+ H H 3aW .= ` • ;Eft 7 ! Z 46' SC a• 1 42 ,,,, 3 ... a � , Ty , 14 a ., 1 141 AAI ,t 1 2 1 1 1 1 7.557i1"1711,4551-356,1 1-i54rit5tj-j... 641, ' 751111511 ' ,.0 .1 !A �„ PROPERTY NOTIFICATION MAP ' ZC 2018-10 Map Date:&712013 '106.Ong ChaTIY37 701 -10 0Ic,aeTty Owner Natil4¢L:RtJon. Property ID Geo ID/XREE Owner Name Doing Business As Owner Address Owner City Owne Owner Zip block tract_or I Legal Description 10370 R-220E-0OC-0360.1 VARAICH GURMEET S 3208 KINGSBR00K OR WYLIE TX 7 5098-85 3 0 C 36 REGENCY BUSINESS PARK-PHASE 2 ICWYI,BLK C,L0T 36 10371 R-2208-00C-03704 STREAMLINE ELECTRIC COMPANY STREAMLINE ELECTRIC 1910 BAYSIDE DR WYLIE TX 75098.7804 C 37 REGENCY BUSINESS PARK-PHASE 2 ICWYI,ELK C,LOT 37 10372.R•2208-00C-0380.1 RUBALCAVA RAUL JR 2360 FM 1378 ST PAUL TX 75098.7741 C 38 REGENCY BUSINESS PARK-PHASE 2(CWY),BLK C,LOT 38 10373 R-2208-01)C-0390.1 RED RIVER CONSTRUCTION CO DEAN PORTER 2804 CAPITAL ST WYLIE TX 7 5 098-700 2 C 39 REGENCY BUSINESS PARK-PHASE 2(CWY),BLK C,LOT 39 10374 R-2208.000 0400.1 JOHNSON M L&ASSOCIATES PO BOX 460897 GARLAND TX 75046-0897 C 40 REGENCY BUSINESS PARK-PHASE 2(CWY(,BLK C,LOT 40 10376 R-2208-00C-0410-1 JOHNSON M L&ASSOCIATES M L JOHNSON&ASSOCIATES PO BOX 460897 GARLAND TX 75046-0897 C 41 REGENCY BUSINESS PARK-PHASE 2(CWY),BLK C,LOT 41 10377 R-2208-00G0420.1 M LIOHNSON&ASSOCIATES INC PO BOX 460897 GARLAND ®75046.0897 ®42 REGENCY BUSINESS PARK-PHASE 2(CWY),BLK C,LOT 42 10378 IEriIILi9tI BLK C,LOT 43SLLC ♦+ x• 6573 SH0RELINE DR LITTLE ELM BLK C,LOT 44 SINGH GOGI 1242 B0NNER AVE FREMONT CA 94536-4010 + + LOT• 1,0386 R 2208.00E-0010.1 SCO-BILT CONTRACTORS INC PO BOX 1017 WYLIE 75098-1017 11111111111111111 REGENCY BUSINESS•" 10387 R-2208-00E-0020-1 SCOBILT CONTRACTORS INC SCOBUILT CONTRACTORS INC PO BOX 1017 EM11111 75098.1017 _..111111111111111 REGENCY BUSINESS '• x •I! 1JuiMIII + REGENCY riii •x + t • ikIafthI1 • •+ •♦ + ♦ 1106 SHADY LN t • 10391 R-2268.00E-0060.1 DALLAS KHDDROW INC 19353 PRESTON RD REGENCY ROSINESS PARK-PHASE 2 ICWYI,BLK E,LOT 6 10392 R-2208.ODE-0070.1 DALLAS KHODRO INC 19353 PRESTON RO + REGENCY BUSINESS PARK-PHASE 2ICWYI,BLK E,LOX 7 10394 R-2208-TOE-0080.1 GSA INVESTMENTS LLC-SERIES 2800 310 SILVERY PINE AVE WYLIE TX 75098.8757REGENCY BUSINESS PARK-PHASE 2(CWY),BLK E,LOT 8 r R-2208.00E-00901 MONDAIR JASBIR SINGH&GURJEET 609 MEMORIAL HILL WAY MURPHY TX 75094.3668REGENCY BUSINESS PARK-PHASE 2(CWY),BLK E,LOT 432473 R-6835.000-0190-1 NORTH TEXAS MUNICIPAL WATER DISTRICT PO 8OX 2408 WYLIE TX 75098-2408 19 ABS A0835 W M SACHSE SURVEY,TRACT 19,100.14 ACRES 1877874 R..6835.000-0420.1 NORTH TEXAS MUNICIPAL WATER DISTRICT PO BOX 2408 ABS A0835 W M SACHSE SURVEY,TRACT 42,94,0215 ACRES r •R-6835-000-0180-1 JOHNSON TIMOTHY R&CAROL C 932 HOOPER RD WYLIE TX 75098-7046ABS A0835 W M SACHSE SURVEY,TRACT 18,12,849 ACRES :: R-6835-0000170-1 WOODBRIDGE NORTH COMMERICAL I LTD 800E CAMPBELL RD STE 130 RICHARDSON TX 75081-1872ABS A0835 W M SACHSE SURVEY,TRACT 17,24,302 ACRES :: R-6835-000-0490-1 WOODBRIDGE NORTH I LTD ATTN DONALD•HERZOG 800 E CAMPBELL RD STE 130 +; : .ABS A0835 W M SACHSE SURVEY,TRACT 49,26.64 ACRES • , 2583848 R-6835.0 00-05141 WOODBRIDGE NORTH COMMERICAL I LTD 800 E CAMPBELL RD STE 130 RICHARD50N 1111 75081.1872 11111 51 ABS AO835 W M SACHSE SURVEY,TRACT Sl,53.9532 ACRES 2629586 • +r • OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-3000ABS A0703 L K PEGUES SURVEY,TRACT 5R,2.2858 ACRES;ROW 2630130 1 r 00, •r t BOARD OF TRUSTEES OF 951 5 BALLARD AVE wYLIE TX 75098.417SRAYMOND COOPER JUNIOR HIGH SCHOOL(CWY),BLK A,L0T I,REPLAT 2630131 +•^t+ 300 COUNTRY CLUB DR SLOG 100 wYLIE Tx 75098-3000 R002 RAYMOND COOPERJUNIOR HIGH SCHOOL ICWYI,L0T R002,R0W REPLAT + • • ••t+ t-1 HOOPER-WOODBRIDGE LIC PEDIACTRICOF PO BOX 125 WYLIE TX 75098-0125ABS A0703 LK PEGUES SURVEY,TRACT 5,2.5483 ACRES ' ••t WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098-30043 ••r ABS A0835 W M SACHSE SURVEY,SHEET ROO,TRACT 51.2,.3893 ACRES ^t " •t• WOODBRIDGE NORTH I LTD ATTN DONAL P HERZOG 800E CAMPBELL RD STE 130 RICHARDSON TX 75081-1872ABS A0703 LK PEGUES SURVEY,TRACT 15,.3643 ACRES 2671385 000- 90 NEW HEIGHTS BAPTIST CHURCH 645 LARED0 OR ABS A0835 W M SACHSE SURVEY,TRACT 39,4.7367 ACRES 2671386 BR r + MGGK URBAN CORPORATION 417 SILVER SPRINGS LN MURPHY TX 75094-4155ABS A0835 W M SACHSE SURVEY,TRACT 54,4.0 ACRES 2690581'' • +t R00 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE TX 75098.3000 A R003 RAYMOND COOPER JUNIOR HIGH SCHOOL(CWY(,BLK A,LOT R003,REPLAT POW 2695659 R-6835.R00.0181.1 WYLIE CITY OF 300 COUNTRY CLUB DR BLDG 100 WYLIE ®75098.3000 ROD 18,1 ABS A0835 W M SACHSE SURVEY,SHEET ROO,TRACT 18.1,.012 ACRES;ROW 2696492 11-6835-R00-0171.1 WYLIE CITY OF 360 COUNTRY CLUB DR BLOG 100 WYLIE mm TX 75098.3000 R00 17=1 ABS A0835 W M SACHSE SURVEY,SHEET ROO,TRACT 17.1,039 ACRES,R0W Wylie City Council AGENDA REPORT Meeting Date: August 14, 2018 Item Number: 3 Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: July 23, 2018 Budgeted Amount: Exhibits: 8 Subject Hold a Public Hearing and consider, and act upon, an amendment to Planned Development 2018-06, Section 11.11 to set forth conditions for parking and street design on Street D, generally located northeast of the intersection of South Ballard and Pleasant Valley Road. ZC2018-11 Recommendation Motion to approve an amendment to Planned Development 2018-06, Section II.11 to set forth conditions for parking and street design on Street D, generally located northeast of the intersection of South Ballard and Pleasant Valley Road. ZC2018-11 Discussion Owner: Bloomfield Homes,LP Applicant: Douglas Properties INC. The applicant is requesting to amend an existing Planned Development Ordinance to allow for street parking on one side of the street. Street D will be 27.5 feet of ROW and 21 feet of concrete pavement curb to curb as listed in Section II. Special Conditions line item 11. Exhibit C shows the typical section of Street D with one way traffic and the dimensions of the paving area. There is an 8' wide designated parking area, which leaves an open driving lane width of 12'. There is also a 6" curb on both sides of the street. This tract of land was annexed in conformance with a development agreement adopted in October 2017. The developer is requesting this street design due to the 75' Atmos easement that is adjacent to Street D. This request does not alter any other requirements set forth in the approved Development Agreement or Planned Development other than those stated herein. If approved, the applicant will submit for consideration a Preliminary Plat that conforms to these standards. Notification/Responses: Forty-Four(44)notifications were mailed; with no responses returned in favor or in opposition at the time of posting.Four(4) comment forms from residents outside the notification area were received in opposition. PLANNING& ZONING COMMISSION DISCUSSION: The Commissioners voted 5-0 to recommend approval. (Rev 01/2014) Page 1 of I TT __ !.'mac 1_ -A - - - I cYL,E �' I _w ✓ , 'ty YEI ET) r,. 1:_. F...,`'ti�4..}}h. gS\iii 't+.}`�S i a`" _ ."�• .� ••,,. �' \}.F"""__ ,,,� '✓ 4CII .._ pflfl � . LAKES Ad�.t8'tm., 00aa} zs5k z., ',: TT =, x T 1 TTTTTfTt IT COLONIAL L DR MEADOWLARK LN 9 �J iJFY4""=...,t wi \0.,,'wYAma4 1`:,.}...4. ftY?lint, 0,0 pm WYL,IE E;I'T ` ` `, ; YL,IE E"IJ l - Subject 7/ Property ,y 01",,,,&, ',/,:00° V '0.' ,.;' ''-' - ."0'' ; "I'I'i:I AT . L,: 7 Tf -,--.'r ,-,,,,ii I,„ 0 0, , .,, . , ,..fin ;L. E 1.\\ ;0,0\ 4% N. /T ',/. T x w b C.,_4._k,. fe ,///"s" \ /wd';„o °�`R 4f S"P / u/ \ ter LOCATION MAP ZC #2018-11 Map Date:6/25/2018 Page 68 of 87 LEGAL DESCRIPTION BEING a 51.669 acre tract of land situated in the D.W.Williams Survey,Abstract 980,Collin County, Texas,and being a part of that certain called 32-1/2 acre tract of land described in deed to the Mary Stone Howrey Living Trust,recorded as Instrument 20110217000178570,Deed Records,Collin County, Texas,and all of that tract of land described in a deed to Cecil Hale,recorded in Volume 5166, Page 1868(DRCCT),said 51.669 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found for the northeast corner of said 32-1/2 acre tract and the northwest corner of Southbrook Phase I,an addition to the City of Wylie,as recorded in Cabinet P, Page 987,Plat Records,Collin County,Texas,said point also being in the south line of a 7.0105 acre tract described in a deed to James Gee and Stacy Gee recorded as Instrument 20080311000291280, Deed Records,Collin County,Texas; THENCE South 01 degrees 01 minutes 25 seconds West,with the common boundary lines of said Southbrook Phase I and said 32-1/2 acre tract,at 950.00 feet passing the southwest corner of said Southbrook Phase I common to the northwest corner of a 0.9958 acre tract of land described in deed to Richard Alan Cermack and Ann Marie Cermack,as recorded in Instrument 20121228001646720 of said Deed Records and continuing along the common line of said 32-1/2 acre and 0.9958 tract,at 1213.97 feet passing the southwest corner of said 0.9958 acre tract common to the northwest corner of a called 2.00 acre tract described in a deed to Carl Foster and wife Gladys Foster as recorded in Volume 528, Page 213 of said Deed Records and continuing with the west line of said 2.00 acre tract fora total distance of 1450.00 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner at an interior corner of said 32-1/2 acre tract and the southwest corner of said 2.00 acre tract; THENCE South 54 degrees 28 minutes 51 seconds East,with the common boundary lines of said 32-1/2 acre tract and said 2.00 acre tract at a call of 182.82 feet passing the southeast corner thereof,and continuing with the southwest lines of Tract II and Tract Ill,described in deed to Brenda Lee Hensley,as recorded in Instrument 20071127001587490 of said Deed Records,a 1.4376 acre tract of land described in deed to Jerry Hensley and Brenda Hensley,as recorded in County Clerk file 94-0078144 of said Deed Records,a 4.2466 acre tract of land described in deed to Jerry Hensley and Brenda Hensley,as recorded in County Clerk file 95-0043284 of said Deed Records,and the southwest line of the remainder of a 61.453 acre tract described in a deed to Gladys P. Foster as recorded in Volume 3169,Page 859 of said Deed Records,for a total distance of 1172.93 feet to a 60d Nail found for corner in a fence post at a common corner of said 32-1/2 acre and 61.453 acre tract; THENCE South 03 degrees 09 minutes 19 seconds East,with a common boundary line of said 32-1/2 acre and 61.453 acre tract,a distance of 168.63 feet to a 60d nail found for the south east corner of said 32- 1/2 acre tract and an exterior ell corner of said 61.453 acre tract,said corner being in the north boundary line of a 21.998 acre tract of land described in deed to Cecil Hale,as recorded in Volume 5166, Page 1868 of said Deed Records; THENCE South 89 degrees 32 minutes 09 seconds East,along the north line of said Hale tract,and along the south lines of said 32.5 acre tract,the remainder of a 61.453 acre tract recorded in Volume 3169, Page 859,(DRCCT),and a called 21.0749 acre tract recorded as Instrument No.96-0002217,(DRCCT), respectively,a distance of 1174.95 feet to the base location of a leaning 3/4"solid iron rod found for corner at an angle point; Page 69 of 87 THENCE South 85 degrees 32 minutes 52 seconds East,continuing along the north line of said Hale tract, and along the south lines of said 21.0749 acre tract and a called 20.0749 acre tract of land described in deed to Ricky Ray Foster,recorded as Instrument No.98-0007168,(DRCCT),a distance of 270.22 feet to a point for corner in a 20"elm tree at the northeast corner of said Hale tract,from which a 5/8"iron rod with a yellow plastic cap stamped"RPLS 3963"set for reference bears,South 71 degrees 36 minutes 17 seconds West,a distance of 3.55 feet; THENCE South 07 degrees 30 minutes 44 seconds West,along the east lint of said Hale tract,a distance of 166.14 feet to a wooden fence post found for corner at an angle point; THENCE South 17 degrees 33 minutes 22 seconds East,continuing along the east line of said Hale tract and with the remnants of an old fence line,a distance of 265.36 feet to a wooden fence post found for corner at the southeast corner thereof and being in the north line of a called 10.947 acre tract of land described in deed to David Anderson, recorded as Instrument No.20120906001118340, (DRCCT),from which a 1/2" iron rod with a cap stamped"4819"found at an exterior corner of Lot 4,Block A,of Braddock Place Phase II,recorded as Instrument No.20130725010002230(PRCCT) bears South 65 degrees 26 minutes 27 seconds East a distance of 0.77 feet; THENCE South 84 degrees 31 minutes 04 seconds West,along the common line of said Hale tract and said 10.947 acre tract a distance of 264.00 feet to a point for corner at an angle point,from which a 5/8" iron rod with a yellow plastic cap stamped"RPLS 3963"set for reference bears, North 78 degrees 10 minutes 55 seconds West,a distance of 54.40 feet; THENCE South 85 degrees 33 minutes 04 seconds West,along the south line of said Hale tract,and along the north lines of said 10.947 acre tract,a called 4.965 acre tract recorded in Volume 3097, Page 003, (DRCCT),a called 1.000 acre tract recorded as Instrument No.20070220000230660,and a called 1 acre tract of land described in deed to Sanford Tucker, recorded as Instrument No.20080627000788320, (DRCCT),respectively,passing at a distance of 435.13 feet,a 1/2"iron rod found at the northwest corner of said 10.947 acre tract,common to the northeast corner of said 4.965 acre tract,and continuing for a total distance of 1545.90 feet to a point for corner near the centerline of Pleasant Valley Road at the southwest corner of said Hale tract,common to the northwest corner of said Tucker tract from which a 5/8"iron rod with a cap stamped "5319" found for reference bears North 85 degrees 33 minutes 04 seconds East,a distance of 26.45 feet; THENCE North 45 degrees 04 minutes 43 seconds West,along the centerline of said Pleasant Valley Road and the southwest line of said Hale tract a distance of 343.64 feet to a point for corner at the most western corner thereof,common to the most southern corner of a called 3 acre tract of land described in deed to Peter P. Brady&Denise Brady,recorded in Volume 5912, Page 1996,(DRCCT),from which a 5/8" iron rod with a cap stamped "3949"found for reference bears, North 46 degrees 58 minutes 57 seconds East,a distance of 20.13 feet; THENCE North 46 degrees 58 minutes 57 seconds East,along the common line of said Hale tract and said Brady tract,a distance of 516.04 feet to a 5/8"iron rod with a cap stamped"3949"found in the south line of said 32.5 acre tract at the most northern northwest corner of said Hale tract; THENCE North 89 degrees 32 minutes 41 seconds West,with the common boundary line of said 3.000 and said 32-1/2 acre tract,a distance of 736.05 feet to a "PK"nail set for corner at a southerly corner of said 32-1/2 acre tract and the west corner of said 3.000 acre tract,from which a 5/8-inch iron rod with Page 70 of 87 cap(3949)found for reference bears South 89 degrees 32 minutes 41 seconds East a distance of 28.54 feet,said corner being in the center of Pleasant Valley Road,a 50 ft.+-public road right-of-way by occupation, (no record found); THENCE North 45 degrees 16 minutes 24 seconds West,with the southwest boundary line of said 32 1/2 acre tract and the center of said Pleasant Valley Road,a distance of 664.12 feet to a PK Nail set for corner; THENCE North 44 degrees 43 minutes 21 seconds East,a distance of 27.66 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963" set for corner at the most eastern southeast corner of a 1.6899 acre tract of land described in deed to the City of Wylie,recorded as Instrument No. 20141013001118200 of said Deed Records; North 45 degrees 16 minutes 39 seconds West,along a boundary line of last mentioned tract a distance of 115.19 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner at a cut back corner of the new right-of-way of South Ballard Avenue as established by last mentioned deed; Thence along and with the easterly lines of said 1.6899 acre tract and South Ballard Avenue (variable width right-of-way)the following courses: North 10 degrees 28 minutes 06 seconds West,a distance of 41.05 feet,at the beginning of a non-tangent curve to the left having a radius of 910.00 feet and a chord which bears North 14 degrees 01 minutes 03 seconds East,a distance of 301.57 feet; Northwesterly,with said curve to the left,through a central angle of 19 degrees 04 minutes 32 seconds,an arc distance of 302.97 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for the end of said curveNorth 04 degrees 28 minutes 47 seconds East,a distance of 138.58 feet to a to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set for corner; North 47 degrees 14 minutes 07 seconds East,a distance of 22.03 feet to a to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set for corner; South 89 degrees 59 minutes 27 seconds East,a distance of 56.31 feet to a to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set for corner at the southwest corner of Elm Drive,a proposed 50 ft.asphalt public road by said 1.6899 acre tract(prescriptive road, no record found); North 00 degrees 00 minutes 33 seconds West,a distance of 50.00 feet to a to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set for corner at the northwest corner of said Elm Drive; South 89 degrees 59 minutes 27 seconds West,a distance of 52.38 feet to a to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set for corner; North 42 degrees 45 minutes 53 seconds West,a distance of 20.37 feet to a to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set for corner; Page 71 of 87 North 04 degrees 28 minutes 47 seconds East,a distance of 110.41 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the beginning of a tangent curve to the left having a radius of 2929.79 feet,and a chord which bears North 02 degrees 29 minutes 25 seconds East,a distance of 203.43 feet; Northeasterly,with said curve to the left,through a central angle of 03 degrees 58 minutes 45 seconds,an arc distance of 203.47 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set for the end of said curve; North 00 degrees 30 minutes 02 seconds East,a distance of 363.87 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the beginning of a tangent curve to the right having a radius of 1070.00 feet,and a chord which bears North 02 degrees 25 minutes 07 seconds East, a distance of 71.63 feet; Northeast, with said curve to the right,through a central angle of 03 degrees 50 minutes 10 seconds,an arc distance of 71.64 feet to a 5/8-inch iron rod with yellow cap stamped "RPLS 3963"set at the end of said curve and the beginning of a reverse curve to the Ieft having a radius of 1170.00 feet,and a chord which bears North 02 degrees 26 minutes 23 seconds East,a distance of 77.46 feet; Northeast,with said curve to the left,through a central angle of 03 degrees 47 minutes 38 seconds,an arc distance of 77.47 feet to a 5/8-inch iron rod with yellow cap stamped"RPLS 3963"set at the end of said curve; North 00 degrees 32 minutes 34 seconds East,a distance of 350.10 feet to a 5/8-inch iron rod with yellow cap stamped"RPI.S 3963"set in the south line of said 7.0105 acre tract and the north line of said 3 THENCE South 89 degrees 34 minutes 06 seconds East,with the common boundary line of said 7.0105 acre tract and said 32-1/2 acre tract,a distance of 386.68 feet to the POINT OF BEGINNING AND CONTAINING 2,250,691 square feet or 51.669 acres of land. Page 72 of 87 EXHIBIT "E" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No. 2018-11 I. GENERAL CONDITIONS: 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4 -Planned Development—Single Family(PD— SF) Lot Size (Minimum) Lot Area(sq. ft.) 6,325 Lot Width(feet) 1/3 of the lots minimum width of 55 1/3 of the lots minimum width of 60 1/3 of the lots minimum width of 65 Lot width of corner Lots (feet) 60 Lot Depth (feet) 100 Lot Depth of Double Front Lots (feet) 110 Dwelling Regulations (Minimum Square Footage) All Homes will be a minimum of 2,000 Design Standards Level of Achievement See Section III Design Conditions Yard Requirements—Main Structures Front Yard(feet) 20 Side Yard(feet) 5 Side Yard of Corner Lots (feet) 10 Side Yard of Corner Lots (feet) on key lots 20 Rear Yard(feet) 15 Rear Yard Double Front Lots (feet) 20 Lot Coverage 50% Height of Structures Main Structure (feet 40 Page 73 of 87 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 175 lots. 2. A 1/3 of the lots will be a minimum width of 55 feet, 1/3 of the lots will be a minimum width of 60 feet and a 1/3 of the lots will be a minimum width of 65 feet. 3. Developer will donate 1.60 Acres net of right-of-way dedication to the City of Wylie for use of a Fire Station. See location map in Exhibit "B". The tract will be deeded at time of Final Plat filling in lieu of Park fees. 4. Key lots are defined as a corner lot which is backing up to an abutting side yard. 5. Three-tab roofing shall not be permitted. 6. No alleys shall be required within the Planned Development. 7. Developer shall install a screening wall where lots back or side to Elm, Ballard and Pleasant Valley with a 5 ft. side walk back of curb. 8. Lots which back onto park land shall provide a decorative iron fence of uniform design to be installed by the homebuilder, as approved by the Planning Department. 9. Existing trees greater than 6 inch caliper within the flood plain shall be protected in accordance with City's Tree Preservation Plan. 10. Open space, drainage & floodway easement, and public hike & bike trail shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. 11. Street D will be allowed to be 21 feet in pavement curb to curb with parking allowed on one side of the street. a. Parking areas are to be stripped 12. Maintenance of the Open Space Area Maintenance of the open space area will be the responsibility of the homeowners' association(HOA). Developer will be the contact entity with the City for all concerns regarding maintenance of open space until 100% of HOA control is turned over to the homeowners. A. HOA maintenance and responsibilities of amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. 13. This Development will pay no Park Fees. Page 74 of 87 IV.DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with Zoning Exhibit and the following criteria: 1. Provision of Public Pathways -Public Open Space a. Base Standard (1) Trail shall be constructed per the Zoning Exhibit by the developer to the City's standards and completed as part of each phase of the subdivision being accepted by the city engineer. Open space parkland shall be in accordance with Zoning Exhibit as adopted by this ordinance. (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. Public Access 44,4 Street i i Subdivision 1111111 , Dev elopment Public Open ., Space Easement Open Space b. Desirable Design Attributes Single-loaded Street along open space and access per Zoning Exhibit. 2. Provision of Public Pathway—Perimeter Walkways and Landscape a. Base Standard (1) Per Zoning Exhibit and coordinate improvements with the City of Wylie. (2) Landscaping and Tree Preservation shall be in accordance with Zoning Exhibit. Page 75 of 87 The following trees and shrubs are recommended for landscaping and screening purposes and shall be of a species common or adaptable to this area of Texas: 1. Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American Elm Willow Sycamore Bradford Pear b. Desirable Design Attributes None B. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: Page 76 of 87 1. Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Decorative iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). 441 " i+ ^ 144404r,46 *c00410 .. w^•w��Via'. l n ,� a'R' � ,yR �,;� �„�� 's a +„', a "^ . 2. Street Treatments— Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None 3. Pedestrian Sidewalks- Sidewalk Locations a. Base Standard 4 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: None 4. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Page 77 of 87 Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. du i Q �f ruy� \31N:n N l b. Desirable Design Attributes: None 5. Perimeter Alleys a. Base Standard No Alleyways are required for the subdivision. b. Desirable Design Attributes: None C. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 20 percent of the façade shall be offset a minimum of 1 foot either protruding from or recessed back from the remainder of the facade. Page 78 of 87 b. Desirable Design Attributes: None 2. House Numbers a. Base Standard All single family residential units shall have lighted front stone wall plaque with resident address beside the main entry of the dwelling unit. b. Desirable Design Attributes: None 3. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of eighty (80) percent of the exterior facade composed of kiln-fired clay brick or masonry stucco with the balance being window boxes, gables, architectural shingle and etc., but not 20% siding, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. b. Desirable Design Attributes: None 4. Exterior Facades—Porch a. Base Standard Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 120 total square feet of floor area. z avml bane �sv � � J v ` �a N 2 m iuv o.,,�; A •r ', 1 4‘ sl. ' r, urn S4 Y,I,fi nE , w. t. v'IMMInOv m tmo 0 '' 1(tt u a r i v Cad yyt Yr. '�✓y�*��,d'"�uyd d �X' v v`ti5 � , i,Y��12,�, "�� iYii^hi�;��w1�tvv`dY,it':d.an' tti', vV::�rxrv«Ymw�VNeW"�N�°nrr•'��"�1am�r� sPY�iu 4r`1vY��\5vi" 't'�^"'�P�i�xu�i�SFVyt�,rk;'1`p�M1VgSt'.,. Page 79 of 87 b. Desirable Design Attributes: Two or more sides of covered porches, or pitched cover incorporated into roof lines of house 5. Exterior Facades - Chimneys a. Base Standard Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped. b. Desirable Design Attributes: Fireplace chimneys shall incorporate 40 percent stone, matching the accent exterior facade materials of the house for houses with Chimneys. 6. Roofs and Roofing - Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 8:12, with articulation, doiuiers or a combination of hip and gable roofing. b. Desirable Design Attributes: None m R' 7. Roofs and Roofing -Roofing Materials a. Base Standard All single family residential units shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. Desirable Design Attributes: None 8. Roofs and Roofing -Roof Eaves a. Base Standard Page 80 of 87 No wood fascia or soffits are permitted. i ' � �" «E�.. "rr t t~•~'a '- „"Mwa:C�� ,y,�.7p i,:�� ,t„ ..`� Arv"^+ '" �.5;�!�,ye';"�"..`wwv~.�•^",�"n�: b. Desirable Design Attributes: None 9. Repetition of Residential Unit Designs — Repetition of Floor Plan and Elevation a. Base Standard A minimum of five (5) platted residential lots must be skipped on the same side and three (3) lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. �.��.—.--J—.--1--. I L J.L. .-1—.I (—..— .- T'I I —r T'T'T'1—('T'T'TK r-1—r•T'T'— INO 5 ( 6 I 7 I 7 �. 6 ( 5 4 I 3 I 2 ) 1 3 LO�S SKIP1I�ED2 OPI�OSITE ODE OF STREET — 5 LO S SKIP ED SAME SIDE OF STREET . 7 '® 5 . 4 . 3 I 2 I 1 1 . 2 . 3 . 4 . 5 . 6 . 7 . NO 1 1 oK 1 1 I I I I oK I I 1 � I I 1 I _ T' I 1—? T'T"1—'1-1'—r'T'T' Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. Desirable Design Attributes: None 10. Garage Entry a. Base Standard Page 81 of 87 Garage doors can be located on the primary street elevation of a single family residential unit with an upgraded insulated door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 2 car garage. @' 1 rt, " P wu* �rox, rub ��t2vwa vr�rr�a9�Y o"!v .V .� I ,1>wk „).4 ,�et�„.!S� �, \y° Mt\Vvdc lilt!� l .fit !t\"t"V �"" ,,,k':q s✓,"nr�P M i^�m+ w ; b. Desirable Design Attributes: None 11. Dwelling Size a. Base Standard The minimum square feet of floor space shall 2,000 s.f. , measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. 12. Fencing a. Base Standard (1) Side and rear yard fences (if provided) shall be permitted to a height of 8 feet maximum and constructed of wood with metal posts and rails to the inside. (2) Pressure treated wood is prohibited. (3) Fences shall be constructed of decorative iron next to public open space, and shall be minimum 4 ft in height. b. Desirable Design Attributes None 13. Landscaping a. Base Standard (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. Page 82 of 87 (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. b. Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. 14. Outdoor Lighting a. Base Standard All residential dwelling units shall have an illuminated standard porch light at the front entry and drive/garage. b. Desirable Design Attributes Front facade and drive/garage shall be illuminated by coach lights on each side of the garage and front yard activity area illuminated and wired to the interior of the house. 15. Conservation/Sustainability a. Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. b. Desirable Design Attributes None Page 83 of 87 ■ 12 ' Lane ' ATMO ENERGY CORP. EASEMENT .INETR. 2017032 3 2110 .......: STREET D ' .,f 12 ' Lane millo• mai i d. lRr ;'i'ijo. •'-4t149110e•gill i It: •„„„, .„,„,„„:„:„,ret: 1 ..1 ,..:„.01,0,„,.,,.:„.,„„„,:,.N,. .. ......„„„,,..,„, „ „ .. „ . ......„.„,.........„.. , ) , , 1 . II: Yard 2 Front Yard Setback Setback I I CA I 1 1 I GAS ESM 'T 27. 5' ROW 10' Utility .. .. & Sidewalk 21 . 0' 3. 0' 3. 5' Easement 8' Parking Area 1Stm '' 21 ' Concrete PavingInlet ,/ Franchise Std. es” /" . 1 Utilities curb with 4 white strip Std. 6" ° ° Fire Lane STM Ocurb ° ° striping ' 11 . 0' WL 5. 0 5. 0 0 4' Sidewalk 2. 0' 0 SS STREET D ONE WAY TRAFFIC TYPICAL SECTION wn �< tw ®� f 4004.a too so G } \@`' , a ,L , , . SCALE IN[T 44 ,,. xi / a - n loa - — --o �— .— P /" 6,4` ,`Op -- zz i' m d °,�v' '< S 3ALLaYC AVE -7 c k' 2 9 0 D0 r.und boc unds,s a .c /� , 01 vinloi,on of City able t to rs.r. ' n u �. —L]J —Cjif'ffiL4_ NO 0 00 C OSJTKAF':M"A4"36.3 8 °P�0^A-, 0•31 30'!-o„50 10 �. txotw and withholding, - ,r' o TC_ bu 4 a Ms t�and qg., 9 za aIF& s a s - � ' fv � � y�� g I)I s �, ,5Pi. -"a ,'y� i "./7- z y� o,�o w n'"'," ,,�!�' ii ., �?�,z�\ "'' \�,t; �. �i)4$ �� r." IIIV ff\ ix�a �.�.'iy'�frll/� , .,,, Amol ! as / c; �, -__ 'I:,_ . fJLy,a �� ,. ,0{; r a t1':'G{s,, epee, U `\4 4 G Ath .'",..�.'-• .; 26 b 24 13 ]i .1 iy t OINT OF zt: H 1:§:41„, , „ / Witi 7,4 ,5 BROOKRIDGE BRIBE �. 1_.. 1-__ r°ter, • fi ^ I4 49 w b 4neFF 1.- 1 _ -I s 9 to . I 444 3 ,,/ y e T�9N i j ti M, „o a , I o 38 a9 a or � 24® < i as'„ °vt' 2 / nz ,, tb eaee, ` �v r VICINITY MAP 4,11:4;,:: Nis 9 ,53" 4149 333' 20 `t bw"E" b •9 o 8 \; 20* :1IN kW kk � _' r .(3 a,Y)s 4 -101' t? U Central Zone 4202.Lambert Conformal C C C to • sub,ect deed oIsu describes the sub,eut property os being port of ------ y ( 53t"04 2U"F 16&60 w um.,trues s. uet Nu aso t v ov-ry ..ton tn� — - 13 - os antl ;.. mP,that na/n"_0 nnry ry rrt e nr aye tructures thereon will Se °Fxas^; ,p Wo,lity on the part of the wwweyor ZONING EXHIBIT ' �rve urte EMERALD VISTA '>Ilyu i� d w u 103 RESTEENTIAI,LOTS 8 OPEN SPACE 1,04 ``� `4 OwNn, t FIRE STATION SITE `kk\ (Y�• N ry EL000IIII?LO ITNMES LP. BEING 41us t \ %NON c0 v(n)van nv 0.:era ea u0 F H1vI'la.. _ .4- 3 Lot 27%no y, Plod,o the City or wy:e ana the ro`o iv�n.e,n<,+s 36.2° �] 66�J ACRES \ SITUATED IN THE �� .1. �n in i�r.in n x c i of i e s "`lyl";Sf£1}{t0 a tuna a ra o � oac o u o 5�.�s,o a ,�v 4�\\\\\ S],y, bI>4 v4 L01,eq ➢,LI WILLIAMS SURVEY,ABSTRACT 986 80 vJ 5 -kiA r`w se a cevar o"amyxs stae pavement,t ece0rve y umeo.n s 1s A,ofon =u a ru une mu stun a W[ITY OM BUTTON A PTA COUABSNTY, NO LI DO(IGLAS PROPERTIES.INC (ITT OF N'YLIE COL1IN COUNTY TEXAS '7�j7 I of Block K o30 lot l 9 F s is 1,10 ` I Lavender Lam.and a9re ve eu,e�_ u,r e�.eer y -ur se 0' 2^=EJO�< ENOCINEEOJECT COAEPTS DESIGN,ae \ n (3I2)a 8 LN( ENING GINEEI2F.CT MANAGEMENT/CONSTRUCTION00 ,,,„G, 9CROItTv9 k:kkk l. .CIRCLE,SUITE E TEXAS N c eva[o 5.52 Y svna.sun DATE VLY 11. 019 (9D2)941-0300 FAX O072)E941-6401 033,3\333\09,3 33"n3 3,333333 0Ivwc., - ..ALANIS -- ...'.. :.TWIN-LAKES# ._..... ..' - -, .. ,u... _ _-._..- -.,.. RANCH PH EA EY C 4 BLAKEY #1 �u } WYL I I Ell' . 1 MARTIN DR TWIN LAKES#1 R; TWIN LAKES CHAMPION DR SC}U HBROOK#3 TIN h 1 R ' T4",' COVINGTON k f7YLI IT LAKES M Y ESTATES#1 .' . ,". ma ,� �,_ � ...,. .... ws...,, __ , ,`.., ,,._.. _. ,� a ,.'v°� "`�c��...,mom,v COVINGTON DR D � SHADYBROOK DR s V 1 , P _ - .• ' SOU HBROOK"#2 I @ of L..LIFFBROOK DR COLONIAL O 0 SOUTH 3ROOK#1 ROCKBRO0 , - O WYL,IL Ell I u X4 : 'U,,,m,„ `aidw,,,,,,�`k, J..." , `.il,"ts;Slk.?zl'mlZiwM:.s.\tt`.Sibl':Sc;`i'y`y"tmiWw'u2?=:. 2b`'K"i�,AMITY..:V2kL�`3.4"v�'i'MMAWillwSVA:AaJ MEADOWLARK '.,d I ; r 0 > 0- y�"qqpp ppqq �p�^q 4 x *S&P� d✓` AS 4 V. `^ 'P , C7 DOMINION OFy '` PLEASANT �� BRADDOCK VALLEY PHASE 2 0` V <' 0 mt T L # I. DOMINIOlir OF PLEASANT ,, VALLEY#1P < MIN co 0 ', '.—m ... p . OWNER NOTIFICATION MAP ZC #2018-11 Map Date:6/25/2018 Page 86 of 87 [} } \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 22-2„4 2 2,g,og { } } } } \ RE p z„ 0 } \ } \ \ \ \ } \ } \ { } \ } \ } \ \ } \ } \ { \\ \ \ \ \ ) \ } ( \ } \ } } } }} \ :. . . . . . . . . . . . . . . . . . . :j ) \ j \ \ \ \ j \ j \ jj \ 4444424A4824 \ jj \ j \ j \ j } \ } \ \ }} \ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building l00 Wylie,Texas 75098 ,,/ I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2018-I I. N am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2018-11. Feel free to call the Planning Department at 972.516.6320 for clarification or questions. Date,Location&Time of Planning &Zoning Commission meeting: Tuesday,July 17,2018,6:00 pm Municipal Complex,300 Country Club Road,Building 100.Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,August 14,2018,6:00 pm Municipal Complex, 300 Country Club Road,Building 100,Wylie,Texas Name: CA 5 1❑ S-er (pleaserr�� print) L._Address: aZD E lityl I 1 e1 J . 15096 Signature: i` •i �� Date: 7 5/ 116 COMMENTS: 00 10 m o R. &X i i nr rreeJ i,n e 1\1.0 (A) DOde-.v ( o4en Reins e. - 3r i c crd PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2018-11. \i< I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2018-1 1. Feel free to call the Planning Department at 972.5 1 6.6320 for clarification or questions. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,July 17,2018,6:00 pm Municipal Complex,300 Country Club Road,Building 100,Wylie,Texas Date,Location&Timc of City Council meeting: Tuesday,August 14,2018,6:00 pm Municipal Complex. 300 Country Club Road. Building 100,Wylie.Texas Name: W11 1 lAriVe-r (please print) Address: 230D E k Dr-. Signature: Date: 15 1B COMMENTS: N o Woo 06.vi &-) 42,r �a•� -- (-3 v- i c l� Only i- to W2 1 t))1tLk I.)a.d 1 . A PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2018-11. XI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2018-I 1. Feel free to call the Planning Department at 972.5 I&6320 for clarification or questions. Date,Location&Tinic of Planning&Zoning Commission meeting: Tuesday,July 17,2018,6:00 pm Municipal Complex,300 Country Club Road, Building 100,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday.August 14,20I8,6:00 pm Municipal Complex,300 Country Club Road. Building 100,Wylie,Texas Name: B rt.vl4 }'Le .c Ie i In✓1SQL] (please print) Address: 23 IO E (ell DN. � �i . signature: / �� t Date: 'J t5 9) COMMENTS: o N4 ot, Remove. e.e ) ve. , No WOO (ie1 'e,v4 CQ-5 -- r i c C Q l + N.) Ili; We ,J 1 3c i c-k-. lea 1 . PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 300 Country Club Road Building 100 Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#2018-1 1. XI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2018-I I. Feel free to call the Planning Department at 972.516.6320 for clarification or questions. Date,Location &Time of Planning&Zoning Commission meeting: Tuesday,July 17,2018.6:00 pm Municipal Complex, 300 Country Club Road, Building 100,Wylie,Texas Date,Location &Time of City Council meeting: Tuesday.August 14,2018.6:00 pm Municipal Complex. 300 Country Club Road. Building 100, Wylie,Texas Name: py, C C.i 1 n cef iy d (please print)Address: 1 Icq .19D_I'_ri Dr L\) I . 1 eft "D I.uv Ii� Signature: _ y.y I' Date: 1^ `�'+# COMMENTS: tl of?posr_._4 --I an� r- div►=14 . v.)01\4. ` re- r,� - n,•c l(v (:) S 1'41 ) Jr4 I) w ai rrok a. (o ef' v-ci i Lie �,r r,<< I • n f¢ L , 11 (- c -0 Vef I Ldie. G1 ` ),o D (j). t i n Gr 1 1 cr �r, r - t Lei )1 liCp . Wylie CityCouncil Y { AGENDA REPORT Meeting Date: August 14, 2018 Item Number: 4 Department: Finance (City Secretary's Use Only) Prepared By: Melissa Beard Account Code: Date Prepared: August 6, 2018 Budgeted Amount: Resolution, Property Tax Exhibits: Distribution.Calculations Subject Consider, and act upon, Resolution No. 2018-30(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2018-2019, accepting the calculation of the effective tax rate, establishing dates for public hearings on the proposed property tax rate, and providing for the publication as provided by the Texas Local Government Code, Section 140.010. Recommendation Motion approving Resolution No. 2018-30(R) of the City Council of the City of Wylie, Texas, accepting the proposed property tax rate for fiscal year 2018-2019, accepting the calculation of the effective tax rate, establishing dates for public hearings on the proposed property tax rate, and providing for the publication as provided by the Texas Local Government Code, Section 140.010. Discussion The City is required by law to follow certain meeting and notice (publication) guidelines identified in the "Truth in Taxation" guide. In accordance with the "Truth in Taxation" laws of the State of Texas, the effective and rollback tax rates and other information must be published and two public hearings must be held if an entity's proposed tax rate exceeds the lower of either the effective tax rate or the rollback tax rate. This year's effective tax rate is $0.725848 and the rollback tax rate is $0.770094. The proposed 2018-19 budget is based on a tax rate of$0.735848 per $100 valuation. Any change in the proposed tax rate will require revision of the proposed budget. The City Council is required to vote on the proposed tax rate and publish required information at least seven (7) days prior to the first scheduled public hearing on August 28, 2018. A second public hearing is scheduled for September 4, 2018. The Council may not adopt the tax rate at these hearings. At each hearing, it must announce the date, time and place of the meeting at which it will adopt the tax rate. This meeting must take place no less than three(3) days and no more than fourteen(14) days after the second public hearing. The City Council's vote on the tax rate is scheduled for September 11,2018. The official detailed effective tax rate calculation is available in the office of the Collin County Tax Assessor/Collector (Kenneth L. Maun) in McKinney. A copy is also maintained in the Finance Department for the Council and public to view. Page 1 of 1 RESOLUTION NO. 2018-30(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, ACCEPTING THE PROPOSED PROPERTY TAX RATE FOR FISCAL YEAR 2018-2019; ACCEPTING THE CALCULATION OF THE EFFECTIVE TAX RATE; AND PROVIDING FOR THE PUBLICATION AS PROVIDED BY THE TEXAS LOCAL GOVERNMENT CODE, SECTION 140.010. WHEREAS, the City of Wylie has received the calculated effective tax rate as presented by the Collin County Tax Assessor/Collector's Office; and WHEREAS, the Texas Local Government Code, as amended by adding Section 140.010, provides the specific procedures in which to consider the proposed tax rate; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. The City Council of the City of Wylie, Texas, does hereby accept the rate of $0.735848 per $100 valuation as the proposed property tax rate for fiscal year 2018-2019. SECTION 2. The City Council of the City of Wylie, Texas, met in a public meeting on August 14, 2018, and accepted this resolution with a majority vote. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, on this the 14th day of August 2018. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Resolution No. 2018-30(R) Proposed Property Tax Rate FY 2018-19 PROPERTY TAX DISTRIBUTION CALCULATIONS FY2018-19 FY2017-18 Tax Year 2018 Tax Year 2017 TAX ROLL: Assessed Valuation (100%) $ 4,259,503,789 $ 3,776,813,114 Rate per $100 0.735848 0.781000 Tax Levy Freeze Adjusted 31,343,473 29,496,910 Tax Levy-Frozen (Disabled/Over 65)* 1,880,427 1,672,719 Total Tax Levy 33,223,900 31,169,629 Percent of Collection 100% 100% Estimated Current Tax Collections $ 33,223,900 $ 31,169,629 SUMMARY OF TAX COLLECTIONS: Current Tax $ 31,343,473 $ 29,496,910 Revenue From Tax Freeze Property 1,880,427 1,672,719 Delinquent Tax 180,000 180,000 Penalty and Interest TOTAL TAX COLLECTIONS $ 33,403,900 $ 31,349,629 FY2018-19 FY2018-19 PERCENT FY2018-19 FY2017-18 TAX RATE OF TOTAL AMOUNT AMOUNT GENERAL FUND: Current Tax $ 0.548206 $ 23,350,837 $ 21,917,097 Revenue From Tax Freeze Property 1,391,516 1,237,812 Delinquent Tax 120,000 120,000 Penalty and Interest Total General Fund $ 0.548206 74.50% $ 24,862,353 $ 23,274,909 DEBT SERVICE FUND: Current Tax $ 0.187642 $ 7,992,636 $ 7,579,813 Revenue From Tax Freeze Property 488,911 434,907 Delinquent Tax 60,000 60,000 Penalty and Interest Total Debt Service $ 0.187642 25.50% $ 8,541,547 $ 8,074,720 DISTRIBUTION $ 0.735848 100.00% $ 33,403,900 $ 31,349,629 • Wylie City Council U AGENDA REPORT Meeting Date: August 14, 2018 Item Number: 5 Department: Public Works (City Secretary's Use Only) Prepared By: Tim Porter Account Code: N/A Date Prepared: July 17, 2018 Budgeted Amount: N/A Exhibits: Agreement, Member List Subject Consider, and act upon, approval of Resolution No. 2018-31(R) authorizing the City Manager to execute a Public Works Mutual Aid Agreement by and between the City of Wylie and North Central Texas Participating Local Governments and/or Public/Political Sub-Divisions located wholly or partially within the State of Texas. Recommendation Motion to approve Resolution No. 2018-31(R) authorizing the City Manager to execute a Public Works Mutual Aid Agreement by and between the City of Wylie and North Central Texas Participating Local Governments and/or Public/Political Sub-Divisions located wholly or partially within the State of Texas. Discussion Based on lessons learned from several past natural disasters and large scale incidents, Public Works support has been identified as a necessary resource which needs a more regional approach to coordination. As a result, the North Central Texas Public Works Emergency Response Team (PWERT) was created to provide public works assistance when an emergency or disaster overwhelms local resources especially within the North Central Texas region. While it was formed by and for local governments and operates on a voluntary quid pro quo basis, the team is supported and facilitated by the NCTCOG Emergency Preparedness Department. PWERT first deployed in response to resource requests during the April 3, 2012 tornado outbreak and continues to grow to meet regional needs as illustrated in the most recent regional response to the December 26th Tornadoes affecting Rowlett, Garland, Red Oak, Glenn Heights and Sunnyvale. There are currently 54 member cities (list attached). While jurisdictions sign the mutual aid agreement to join the team, it is always up to that jurisdiction in any circumstance to either approve or deny a request for assistance. Signing the mutual aid agreement allows for this discretion by management but it also offers the protection of payment telins and allowable Operational Period, which are required to protect the city if reimbursement is sought for a disaster in the future. Additionally, once a jurisdiction joins the team, if/when public works resources are necessary to support a local response, it only takes 1 call to get needed resources identified, located and sent. This call goes directly to the 24-hour response line and a team leader or member answers the call and coordinates the request at the direction of the requesting agency. Page 1 of 1 RESOLUTION NO. 2018-31(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, HEREBY AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC WORKS MUTUAL AID AGREEMENT BY AND BETWEEN THE CITY OF WYLIE AND NORTH CENTRAL TEXAS PARTICIPATING LOCAL GOVERNMENTS AND/OR PUBLIC/POLITICAL SUB-DIVISIONS LOCATED WHOLLY OR PARTIALLY WITHIN THE STATE OF TEXAS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to execute, on behalf of the City Council of the City of WYLIE, Texas, a Public Works Mutual Aid Agreement by and between the City of Wylie and North Central Texas Participating Local Governments and/or Public/Political Sub-Divisions located wholly or partially within the State of Texas, SECTION 2: This Resolution shall take effect immediately upon its passage. RESOLVED THIS THE 14th day of August, 2018.. ERIC HOGUE, Mayor ATTEST TO: STEPHANIE STORM, City Secretary Resolution No. 2018-31(R)—Public Works Mutual Aid Agreement City of Wylie&Participating Local Governments Page 1 of 3 EXHIBIT "A" Mutual Aid Agreement Resolution No. 2018-31(R)—Public Works Mutual Aid Agreement City of Wylie&Participating Local Governments Page 2 of 3 EXHIBIT "B" PWERT Member Jurisdictions List Resolution No. 2018-31(R)—Public Works Mutual Aid Agreement City of Wylie&Participating Local Governments Page 3 of 3 NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT This mutual aid agreement ("Agreement") is entered into by, between, and among the North Central Texas Participating Local Governments and/or Public/Political Sub-Divisions located wholly or partially within the State of Texas acting by and through their duly authorized officials. The undersigned Participating Local Governments and any and/or Public/Political Sub-Divisions of the State of Texas adopting this agreement upon a formal order of their respective governing bodies as provided therein may be referred to in this Agreement individually as "Party" and collectively as "Parties." By signing this document, and sending it to the Public Works Emergency Response Team, at an address maintained by the NCTCOG,the agency has indicated that it consents to be a party to this emergency mutual aid agreement, and acknowledges that it is not necessary to receive copies of the agreement from other agencies that are party to such agreement. RECITALS WHEREAS,the Parties recognize the vulnerability of the people and communities located within local governments and public subdivisions to damage, injury, and loss of life and property resulting in emergencies, disasters or civil emergencies and recognize that such incidents may present equipment and personnel requirements beyond the capacity of each individual (governmental entity) (Party); and WHEREAS,the governing officials of the Parties desire to secure for each Party the benefits of Mutual Aid for the protection of life and property in the event of an emergency, disaster or civil emergency or public works emergency; and WHEREAS,the Parties that wish to make suitable arrangements to provide Mutual Aid are so authorized, and make this Agreement pursuant to all governmental power inherent in home rule and other municipalities and all statutory authority, including, but not limited to, the Interlocal Cooperaton Act Chapter 791 of the Texas Government Code); the Texas Disaster Act of 1975 as amended Chapter 418 of the Texas Government Code including the Texas Statewide Mutual Aid System of the Emergency Management Chapter,set out in Subchapter E-1 of Texas Government Code, Section 418.111 et seq, and any amendments to that authority or other authority that may be set out in the constitution of laws of the State of Texas; WHEREAS, it is understood that the creation of this Agreement and the Texas Statewide Mutual Aid System (SB11) under Chapter 418 E-1 does not replace or supersede existing mutual aid agreements or interfere with the ability of municipalities to enter into written mutual aid agreements in the future. It is understood that if a written agreement is entered into by governmental entities or municipalities requesting resources, then the terms of that agreement control the rights and responsibilities of the participating parties to the extent the agreement provides terms that differ from the Texas Statewide Mutual Aid System. WHEREAS, it is expressly understood that any mutual aid extended under this Agreement and the operational plan adopted pursuant thereto, is furnished in accordance with the "Texas Disaster Act" and other applicable provision of law and except as otherwise provided by law,that the responsible local official in whose jurisdiction an incident requiring Mutual Aid has occurred shall remain in charge at such incident including the direction of such personnel and equipment provided him/her through the operation of such Mutual Aid Plans; 1 NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT NOW,THEREFORE,the Parties agree as follows: Section 1: Incorporation:The above whereas provisions and statements are incorporated as if written word for word below. Section 2: Purpose: This Agreement is hereby established to provide planning and operating procedures whereby public works related Agencies may request aid and assistance in the form of personnel, equipment, materials and/or other associated services from other public works related agencies. This agreement allows for better coordination of efforts, identifies available resources and helps ensure that timely aid can be provided. Section 3: Definitions A. "Agency" means any municipal public works agency,township road district, county highway departments, or any Public/Political sub-division that performs a public works function that abides by the provisions as found in this Agreement. B. "Administrative Agency" means the entity designated by the Parties to be responsible for maintaining the documents associated with this Agreement including distributing Point of Contact and Resource Inventory information. C. "Assisting Party" or"Responding Party" means the agency or organization which has received a request to furnish aid and assistance from another Party and has agreed to provide the same. D. "Civil Emergency" means an unforeseen combination of circumstances or the resulting consequences thereof within the geographic limits of a given jurisdiction that calls for immediate action or for which there is an urgent need for assistance or relief to protect the general citizenry. E. "Disaster" means the occurrence or imminent threat of widespread or severe damage, injury, or loss of life or property resulting from any natural or manmade cause, including but not limited to fire,flood, earthquake,wind, storm,wave action,winter storm, biological or health hazards, dam or levee break, drought, explosion, riot„ acts of terrorism and other public calamity requiring emergency action or requiring homeland security activity(as that term is defined in Chapter 421 of the Texas Government Code entitled Homeland Security)that is or likely to be, beyond the control of the services personnel equipment and facilities of a Party that requires assistance under this Agreement, but must be coordinated through the appropriate local accredited/certified Emergency Management Agency coordinator. F. "Emergency" means any occurrence or threat thereof,whether natural or caused by man, in war or in peace, which results in substantial injury or harm to the population, or substantial damage to or loss of property. G. "Homeland security activity" means any activity related to the prevention or discovery of, response to,or recovery from a terrorist attack, natural or man-made disaster, hostile military or paramilitary action, or extraordinary law enforcement emergency. H. "Mutual Aid" means providing resources such as personnel, equipment, services and supplies. These resources support typical public works missions or tasks such as: removal of debris, restoration of water/wastewater operations, flood control, infrastructure system repairs, standby power, and damage assessment. 2 NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT I. "National Incident Management System (NIMS)" means a Presidential directive that provides a consistent nationwide approach that allows federal, state, local and tribal governments as well as private sector and nongovernmental organizations to work together to manage incidents and disasters of all kinds. J. "Operational Period" shall mean a period of time beginning at the time of the request for Mutual Aid and lasting no longer than thirty six (36) hours. Typically assistance would be given in Twelve (12) hour shifts for operational efficiencies. It is the intention of this mutual aid to be for assistance in the initial response to the emergency and not part of the long term recovery. If assistance is requested beyond the initial 36 hours,then the Requesting Party must work with the Responding Party directly and put in place a mutual agreeable contract and payment for services rendered. It is also understood that any agency responding under this mutual aid agreement will not receive any reimbursement for their mutual aid assistance up to the first 36 hours, even if the event becomes a declared emergency by the President. After the first 36 hours repayment shall be provided. It is also understood that any agency for any reason may decline to assist or recall their mutual aid at any time. K. "Point of Contact" means a person and/or an agency's department/office serving as the coordinator or focal point of information dealing with public works emergency response activities. L. "Public Works Emergency Response Team" (PWERT) means a working group of Public Works Officials representing their agencies; whose mission is to develop and maintain a region wide network of public works' related agencies. This teams' principal purpose is to provide mutual aid response and recovery assistance,to each other,when confronted with natural or man- made emergencies or disasters. This Group is designated as the Administrative Agency to manage this Agreement. M. "Requesting Party" means the agency or organization receiving aid and assistance from an Assisting Party. N. Public/Political Sub-Division means a basic level of independent local government or quasi- government authorized by Section 52 of the Texas Constitution that typically have a specific or limited purpose including Dallas Fort Worth International Airport,Toll Authorities, independent school districts,water or wastewater districts and improvement and economic development districts and exist separately from general purpose local governments such as county, city or townships. Section 4:Term This Agreement shall become effective as to each Party on date of adoption as indicated on the signature page for each Party and shall continue in force and remaining binding on each and every Party for twelve (12) months from the effective date. This Agreement shall renew automatically for a period of one year upon the completion of the initial term and each subsequent term unless such time as the governing body of a Party terminates its participation in this Agreement pursuant to Section 5 of this Agreement. Termination of participation in this Agreement by a Party or Parties shall not affect the continued operation of this Agreement between and among the remaining Parties 3 NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT Section 5:Termination Any Party may at any time by resolution or notice given to all the other Parties decline to participate in the provision of Public Works Mutual Aid. The Governing Body of a Party shall, by Resolution, give notice of termination of participation in this Agreement and submit a copy of such resolution to the Administrative Agency and all other Parties. Such termination shall become effective thirty(30) days after filing of such notice. The termination by one or more of the Parties of its participation in this Agreement shall not affect the operation of this Agreement as between the other Parties hereto. Section 6: Responsibility of Parties Provision of Aid: Each Party recognizes that it may be requested to provide aid and assistance at a time when it is necessary to provide similar aid and assistance to the Party's own constituents. This Agreement shall not be construed to impose any unconditional obligation on any Party to provide aid and assistance. A Party may choose not to render aid and assistance at any time for any reason, or to recall aid that has been deployed at any time. Section 7: Request for Assistance: The request for assistance will: A. Be made only with a Declaration of a state of Local Civil Emergency or Declaration of Disaster by a Requesting Party pursuant to Section 418.108,Texas Government Code or after a proclamation of a State of Emergency under Section 433.001,Texas Government Code, B. Be made only without a Declaration of a state of Local Civil Emergency or Declaration of Disaster if the Requesting Party expects to use the resource(s)for less than one Operational Period or if the declaration of emergency is expected to be issued during the first Operational Period. C. Be made by the highest ranking authority of Requesting Party available at the time of need, D. Be made to the highest ranking authority of the Responding Party available at the time of need, and E. Specify to the greatest extent possible the nature of the problem requiring assistance and the resources requested. Section 8: Procedures for Requests and Provision of Mutual Aid: See Attachment 1 Section 9: Cost Limitation A Requesting Party shall not be required to reimburse a Responding Party for costs incurred during the first Operational Period as defined in Section 3 of this Agreement.A Requesting Party shall be required to reimburse a Responding Party for costs incurred after the first Operational Period. 4 NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT Section 10: Expending Funds: A Responding Party that performs services or furnishes aid pursuant to this Agreement shall do so with their own current funds. No Party shall have any liability for the failure to expend funds to provide aid hereunder. Section 11: Insurance A. Worker's Compensation Coverage: Each Party shall be responsible for its own actions and those of its employees and is responsible for complying with the Texas Workers' Compensation Act. B. Automobile Liability Coverage: Each Party shall be responsible for its own actions and is responsible for complying with the Texas motor vehicle financial responsibility laws. C. To the extent permitted by law and without waiving sovereign immunity, each Party shall be responsible for any and all claims, demands, suits, actions, damages, and causes of action related to or arising out of or in any way connected with its own actions and the actions of its personnel in providing Mutual Aid assistance rendered or performed pursuant to the terms and conditions of this Agreement. Each party agrees to obtain general liability and public official's liability insurance, if applicable, or maintain a comparable self-insurance program. Section 12: Miscellaneous A. Entirety: This Agreement contains all commitments and agreements of the Parties with respect to the Mutual Aid to be rendered hereunder during or in connection with an Emergency, Disaster and/or Civil Emergency. No other oral or written commitments of the Parties with respect to mutual aid under this Agreement shall have any force or effect if not contained herein, except as provided in Section 12E below. B. Other Mutual Aid Agreements: This Agreement is not intended to replace or conflict with- local mutual aid agreements for other emergency response needs such as fire and police or for the other purposes C. Severability: If a provision contained in this Agreement is held invalid for any reason,the invalidity does not affect other provision of the Agreement that can be given effect without the invalid provision, and to this end the provisions of the Agreement are severable. D. Validity and Enforceability: If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement,then the legal limitations are made as part of the Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirement of the limitations, and so modified,this Agreement shall continue in full force and affect. E. Amendment: This Agreement may be amended only by the mutual written consent of the Parties. F. Governing Law and Venue: The Laws of the State of Texas shall govern this Agreement. In the event of an Emergency or Disaster physically occurring with the geographical limits of only one county that is a Party hereto,venue shall lie in the county in which the Emergency or Disaster occurred. In the event an Emergency or Disaster physically occurring in more 5 NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT than one county that is a Party thereto,venue shall be determined in accordance with the Texas Rules of Civil Procedure. G. Signatories: The PWERT shall be the official repository of original pages of the Parties to this Agreement and will maintain an up-to-date list of those Parties. Each Party will retain a copy of their own originally signed document with an additional individual signature page from their Agency to be filed with the PWERT under this Agreement. PWERT will maintain contact information from all of the parties and provide for a means of communication whenever there is a need to call for mutual aid. This agreement may be signed in multiple copies, and it is only necessary for the agencies to notify the PWERT and keep them informed of the contact information. H. PWERT—the Administrative Agency, managing this agreement, provides for one membership seat for each participating agency and one alternate seat. The primary seat should be held by a Public Works Official or designee. The alternate seat should held by a member of the jurisdiction of the Emergency Management Division or designee. The jurisdiction is not required to fill the seats, but, it is strongly recommended, in order to receive information and training for emergency response. EXECUTED this day of , 2018 ,Texas (Local Jurisdiction) By: Printed Name: Title: 6 Attachment 1 PROCEDURES TO USE FOR THE NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT Here are the suggested steps for your agency to follow when using the Agreement. Generally if the Emergency Operations Center for your city is activated follow the incident command system and associated communications operations plan to request resources. 1. Requesting Party Steps to Follow: A. Assess the situation and determine the resources needed. B. Fill out the REQUESTING PARTY Checklist(Form 1). C. Locate agencies included in the agreement OR Contact the Public Works Emergency Response Team (PWERT) standby point of contact for assistance to complete the remaining steps. D. Call one or more agencies that may have the resources you need. E. Fill out a REQUESTING PARTY MUTUAL AID INFORMATION Form (Form 2). F. Send copy of the form to the RESPONDING PARTY as soon as possible. 2. Responding Party Steps to Follow: A. Make sure you can fulfill the request before providing an answer. Notes: 1)obtain required local authority to deploy the resources 2) providing assistance is voluntary and an agency is not required to fulfill the request if you determine the resources are critical to your operational needs. B. Analyze the risk level of the request. C. Complete the RESPONDING PARTY Checklist (Form 3)with the information given by the REQUESTING PARTY. D. Brief your employees and prepare the equipment. E. Complete the Employee & Equipment Information Form (Form 4). Provide copies to your responding staff and to the REQUESTING PARTY. F. Dispatch staff to the REQUESTING PARTY for assistance. 3. Supervision and Control: The responding personnel, equipment and other resources will be under the operational control of the Requesting Party. These response operations shall be NIMS compliant as well as organized and functioning within an Incident Command System (ICS), Unified Control System (UCS). Direct supervision and control of responding party's resources shall remain with their designated supervisor(s). The designated supervisor(s) shall: maintain personnel time records, material records and a log of equipment hours and report work progress to the Requesting Party. The Responding Party's personnel and other resources remain subject to recall by the Responding Party's authority at any time, subject to reasonable notice to the Requesting Party. 4. Food, Housing and Self Sufficiency: Unless specifically instructed otherwise,the Responding Party will have the ability to be self-sufficient as practicable from the time of arrival to their designated staging area location to the time of their arrival back at the Responding Party's home department. However,the requesting agency may need to provide resources for tasks extending normal supplies. For example, if the required tasks require significant mobile activities and fuel,the Requesting Party should be prepared to augment their gas/diesel supplies. 1 Attachment 1 PROCEDURES TO USE FOR THE NORTH CENTRAL TEXAS PUBLIC WORKS MUTUAL AID AGREEMENT 5. Communications: Unless specifically instructed otherwise,the Requesting Party shall have the responsibility for coordinating communications between the personnel of the Responding Party and the Requesting Party. Responding Party should be prepared to furnish their own internal communications equipment sufficient to only maintain communications among their respective operating units. 2 PWERT Member Jurisdictions 1 Addison 34 Lucas 2 Aledo 35 McKinney 3 Allen 36 Mesquite 4 Anna 37 Midlothian 5 Arlington 38 Murphy 6 Balch Springs 39 North Richland Hills 7 Carrollton 40 Plano 8 Cedar Hill 41 Princeton 9 Celina 42 Red Oak 10 City of Denton 43 Richardson 11 Colleyville 44 Richland Hills 12 Collin County 45 City of Rockwall 13 Coppell 46 Rockwall County 14 City of Dallas 47 Rowlett 15 Decatur 48 Sachse 16 DeSoto 49 Springtown 17 Duncanville 50 Tarrant County 18 Ellis County 51 Terrell 19 Euless 52 University Park 20 Farmers Branch 53 Weatherford 21 Ferris 53 Westworth Village 23 Frisco 24 Glenn Heights 25 Granbury Updated 1/31/18 26 Grand Prairie 27 Haltom City 28 Hickory Creek 29 Hutchins 30 Kaufman County 31 Lancaster 32 Lewisville 33 Little Elm Wylie City Council % 4K, AGENDA REPORT Meeting Date: August 14, 2018 Item Number: 6 Department: Parks and Recreation (City Secretary's Use Only) Prepared By: Robert Diaz Account Code: Budgeted Date Prepared: July 27, 2018 Amount: Exhibits: N/a Subject Consider, and act upon, the appointment of two City Council Members for the Parks, Recreation, and Open Space Master Plan Steering Committee. Recommendation Motion to recommend the appointment of two City Council Members for the Parks, Recreation, and Open Space Master Plan Steering Committee. Discussion The City Council received a memo on July 20, 2018 outlining the process for Parks, Recreation, and Open Space Master Plan update. Included in that memo staff noted that the plan consultant, Dunaway Associates, has recommended a Steering Committee be formed to follow the plan process from beginning to end. The committee will have approximately 13-15 members and be made up of City Council members, Parks and Recreation Board members, and staff. The committee will be involved with not only the process of the plan, but review of plan drafts and the reporting to the City Council and Parks and Recreation Board on the plan progress. At the July 9, 2018 Parks and Recreation Board meeting, Board members voted to recommend four Board members to be on the committee: Matt Rose, Dan Chesnut, Emmett Jones, and Phil Gilbert. There will be 5 Steering Committee meetings over the course of the project including a site tour that could take half a day. The meetings will take 1-2 hours. A tentative date for the initial kick-off meeting has been set for Tuesday, August 28 at 4:00 p.m. (prior to the scheduled City Council meeting). Page 1 of 1 Wylie CityCouncil YU Y AGENDA REPORT Meeting Date: August 14, 2018 Item Number: 7 Department: Building Inspections (City Secretary's Use Only) Prepared By: Bret McCullough Account Code: Date Prepared: August 2, 2018 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, Ordinance No. 2018-22, amending Wylie's Code of Ordinances, Ordinance No. 2016-29, as amended, Chapter 42 (Environment), Article II (Noise), Section 42-22 (Prohibited Acts; Enumeration); modifying regulations on activities producing loud and disturbing noise to prohibit certain construction-related activities at any time other than between the hours of 7 a.m. and 9 p.m. Monday through Saturday. Recommendation Motion to approve Ordinance No. 2018-22, amending Wylie's Code of Ordinances, Ordinance No. 2016-29, as amended, Chapter 42 (Environment), Article II (Noise), Section 42-22 (Prohibited Acts; Enumeration); modifying regulations on activities producing loud and disturbing noise to prohibit certain construction-related activities at any time other than between the hours of 7 a.m. and 9 p.m. Monday through Saturday. Discussion The City Council held a work session at the June 26, 2018 meeting regarding the ordinance relating to construction hours and noise from construction. Staff received direction to return an amended ordinance changing the allowable start time from 6 a.m. to 7 a.m. Enforcement Enhanced enforcement strategies have already begun and will be implemented further after the ordinance is adopted. Page 1 of 1 ORDINANCE NO. 2018-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S CODE OF ORDINANCES, ORDINANCE NO. 2016-29, AS AMENDED, CHAPTER 42 (ENVIRONMENT), ARTICLE II (NOISE), SECTION 42-22 (PROHIBITED ACTS; ENUMERATION); MODIFYING REGULATIONS ON ACTIVITIES PRODUCING LOUD AND DISTURBING NOISE TO PROHIBIT CERTAIN CONSTRUCTION- RELATED ACTIVITIES AT ANY TIME OTHER THAN BETWEEN THE HOURS OF 7 A.M. AND 9 P.M. MONDAY THROUGH SATURDAY; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the City of Wylie, Texas ("Wylie") to amend the Wylie Code of Ordinances, Ordinance No. 2016-29, as amended ("Code of Ordinances"), Chapter 42 (Environment), Article II (Noise), Section 42-22 (Prohibited Acts; Enumeration) to prohibit certain construction-related activities at any time other than between the hours of 7 a.m. and 9 p.m. Monday through Saturday; and WHEREAS, the City Council finds that it is in the best interest of Wylie and its citizens to amend the Code of Ordinances as set forth below. 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 Chapter 42 (Environment), Article II (Noise), Section 42-22 (Prohibited Acts; Enumeration) of the Wylie Code of Ordinances. Chapter 42 (Environment), Article II (Noise), Section 42-22 (Prohibited Acts; Enumeration) of the Wylie Code of Ordinances is hereby amended as follows: "Sec. 42-22. - Prohibited acts; enumeration. The following activities producing loud and disturbing noise shall be prohibited: (5) The construction, erection, excavation, demolition, alteration or repair work on any building, or the delivery of materials on or for any such construction site, at any time other than between the hours of 7 a.m. and 9 p.m., Monday through Saturday; provided, however, that the City Ordinance No.2018-22 Amended Construction Hours Ordinance Page 1 of 3 2502012 Manager or his/her designee may issue special permits for such work or deliveries at other times in case of urgent necessity and in the interest of public safety and convenience. SECTION 3: Penalty. Any person, firm, corporation or entity violating or refusing to comply with any provision of this Ordinance, as it exists or may be amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined in an amount not exceeding two thousand dollars ($2,000.00) for each offense if the offense relates to public health and sanitation, otherwise the fine shall be in an amount not exceeding five hundred dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it under local, state and federal law. 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. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, regardless of whether any one or more sections, subsections, sentences, clauses or phrases is declared unconstitutional and/or invalid. SECTION 5: Savings/Repealing. All provisions of the Code of Ordinances 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 such ordinances shall remain in full force and effect. SECTION 6: Effective Date. This Ordinance shall become effective from and after its adoption and publication as required by the City Charter and by law. [The remainder of this page intentionally left blank.] Ordinance No.2018-22 Amended Construction Hours Ordinance Page 2 of 3 2502012 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of August, 2018. Eric Hogue, Mayor ATTEST: Stephanie Storm, City Secretary Dates of Publication:August 22,2018 in the Wylie News Ordinance No.2018-22 Amended Construction Hours Ordinance Page 3 of 3 2502012 r'' r W11 __. Mil N M N N \ 4 / f 1i :-i '1r�i , 0 ei VI I tLI elks 1 i n / 0 0 t , I 1 V `, fi o I O V " \ Idiif J J Significant Changes • Change start time from 6 :00 a.m. to 7 :00 a.m. • Work still allowed until 9 :00 p.m. • Delivery of materials outside of working hours added as a prohibited act `\,11 i 1 f "1 i, `\\IoN1 11 r li,1 / s'. 10 2 S10 2�f ;. 9 37 i9 3 � r r r r 8 4; 1�8 4 - 7 5 • I/, 7 6rj `\\ Enforcement • Proactive assessment and enforcement • Builders have been contacted by phone and email • Change notices will be dropped off with every inspection • Changes will be attached to plans • Inspectors will perform sweeps in active subdivisions when the new ordinance is adopted during early and late hours and on Sundays • Outreach and education • Builders packet • Front counter placards • Field placards to be posted at jobsites • Stop work orders to be issued to violators • Citations may be issued • This ordinance also applies to citizens working on their own homes Wylie CityCouncil Y AGENDA REPORT Meeting Date: August 14, 2018 Item Number: 8 Department: Public Arts Coordinator (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: 175-5175-54060 Date Prepared: August 2, 2018 Budgeted Amount: $52,000 Exhibits: Contract/Design Subject Consider, and act upon, the final artist and art design by Robert Barnum for the Wylie Animal Shelter Public Art Project, and authorize the City Manager to execute a contract, not to exceed $35,000 to commission the art. Recommendation Motion to approve the final artist and art design by Robert Barnum for the Wylie Animal Shelter Public Art Project, and authorize the City Manager to execute a contract, not to exceed $35,000 to commission the art. Discussion The Public Arts Advisory Board issued a Call for Artists for the Wylie Animal Shelter, located near the front driveway entering the facility (949A Hensley Lane, Wylie). The total budget for the project is $52,000 including maintenance, artist fees, and contingency. The theme chosen by the Animal Shelter staff is Rescue, the Power of"Adoption." The board received 35 submissions for this project. The Public Arts Advisory Board appointed a selection committee to review the submissions and choose 2-3 semi-finalists for the project. The semi-final artists were asked to come to the City to view the site and tour the City. They also attended a Public Art Input meeting to hear from the public regarding art for this site. On May 31, 2018 the artists completed their proposals and presented them to both the Selection Panel and the Public Arts Advisory Board. Selection Committee members included: Reverend Al Draper (citizen), Nancy Peirce (PAAB member), Chris Funk (citizen), Mindy Manson (staff member), David Dahl (Animal Shelter Chair), Darlene Blakey(local artist), and Lily Courtney (artist). Robert Barnum was unanimously chosen as the final artist for the project at an artist fee of $35,000. The committee and board felt his proposal, "RESCUED"best suited site specific needs, the theme, and the intent of the shelter. The proposed artwork is made from 6000 series aluminum and corten steel. The first component is a stylized child holding a dog. The child is made of industrial grade aluminum and stands 12' tall. The dog is made of corten steel and depicts a child's love for her newly adopted friend. The second component stands 21'5" tall and depicts male and female shelter workers. The male stands 13' tall Page 1 of 2 Page 2 of 2 and the female is 12'6" in height. Both shelter workers are holding stylized animals made of corten steel and are arranged on the sculpture to show the carrousel of animals the shelter manages on a daily basis. Perpendicular to each body will have wording such as "compassion", "bonding", "love" etched in the aluminum which will be backlit at night. The sculpture is set on a concrete pedestal. Artist Robert Barnum is in attendance for the meeting, and will provide a short presentation for Council. The contract to commission the art has been reviewed by the City Attorney and is attached to this item. RESCUED ROBERT L BARNUM Narratives . Two forms of Content . ,.,.„\ ...,. .__ - iiit 401 . .. .. ...,... .3„_- ..,4,..., w. ,..) . \ q : • • .i "- - 111.1.1.1111.....111111.1.: • . _. 110 - IWIIIIF mr • le , • . ,jt.,: * if. V. - , . . . .,:i , ., • -,1••• . ii=r01 mEr \ft . ! . ,. 1- - I'. ' . • '.-i- illt • . . _. - . - - , . . , • .•-,''' .':Y,...• •. . • . 4.- . . . _. ...... . . .:.. . .. , . --- , .. •,. .. - , . . . ... Cut Word . 7 .3' ' . 1r Relief Plate ,... , 1 . Content ::: r 0� R fi^ /....- r 'IrNt..,,: liss..... rill 11:1- ' a I L. b k 11' .90. f(7 ryk .,-t. i : 141 ,:, i , ,e") . ,, i M u I t l l e _ .-,:,4 c Content rah `_ :�, , ._ram. � , Designs �� "` g zr� ____ -i -l+ • - 1Y f `k d - 1 i a a ," , _ 1 \r dig ); 4 7.0.! tom` IMPLIED ill � � .z. , .c. . ie.. - — ,..„,,,,,,iii,, I< I N ETIC . xQ1 1, , -,\04 ...,... ENERGY. :, \ 111. , , / 1.. fr i „ -. _ 1 _ „,_ ., ... i ' ' f f 1 i _ .1.111111.1.11.11r, CUT WORD _ r CUT IMAGE . , ,, , „,,,E i it 4'4^�. \ L - IR IA_ Wir AL i '1� RELIEFk; ,.., 14 411L- J� P LAT E C U T . , ,,.. . , WORD ..,„,,,,,,,, „ ... ,,,„,, . a , ' ' 4.00= fedi. ., ..." _....... dek , :iv .,...4.„ , , 1 4",:40-- ' . ': , ' 4 ' - ...„(74 , • (iihe `, / ,, t 1 SCULPTURE .., € iv ,.. \ „al ENVIRONMENTS , , 1, , - I,t 1 I) . 1 I joiis. I• ; l V I�� f,, Fire Fighter EMT4 ,1„. Monument . . ,.,_ f, (ro;, ,, ri-z---- Congressional , 1, 1 ,,,, , 11 ,, , Recognition . ,,, COMMENTS WORDS THAT INSPIRED " RESCUED" SCULPTURE • Bond Between Animals and Humans • Approachable • Compassion/Love • Icon/Landmark • Caring Staff • All Ages • Connection Between Child and Pet • Dedicated • Desire to Make a difference • Message About the Power of Adoption/Rescue INSPIRATION ? ENERGY ? 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' • •-,, f'A �r.E 414 r � � c ' ' a ry f rF e/ '�p. . a k .ALUMINUM ..4 i + a 3 i :3 CORTEN ST E E L r: ,. 1 Ai E leu . -- -, . - 1 . y . - 4y_ J -._I •. , -- -:•;,:.?-'. ',.-.J.:-.. ' • • _ _ , :1- 1 • ,. ,.,,,, r .....„?...„...., .,;1 2.• 4-V;' .- .''.:'. .:- A,'l' ', ''' — t i. 1, '..— -1 ALUMINUM ..., .. , . ,T.., .. . . . . 1.: , .. „.:. . :,,„ . CO RTE N Ili . . . ,.:44, . .: ,.. i .„1, STEEL LIT AT ••..... 1 .40nom la'""" 2 NIGHT : k l''? '. ie..' • ,.'• ' 7, ', - , )° . " rv. .: P . $° ' ;4 .''• PI Pi •., 0. ti' .,,., 0; •' ' 11*'• r.',I +,, ui k II • 1: fi 7 - . r i,] :41 • •• • ii._, iill . . • Ilk 'iorte:0, _______ tfr ALUMINUM LITATNIGHT 0 fr t eA \i -/ ' I' , \ . ' _ . PERSONAL '• .__.... . _ „.....„,..:„.„.:.•,,,it'''.r•.-..,','v.,. '',,, _ i COMMUNITY --- am,„ aLtititim WHOM''HMS! dir„vv.. , ,,: , ..r",-...,,•,' -. ..,ii.10,p,.: . , 1.-?--,.;;;,._.. rl OWNERSHIP ! • iit ,itt;L___3'-'1•47'N '''''-- - ,, - A-:': ',-'r,'' A li ' r..100qc ..„ __.„—....— .,_. all Ili)*k. 1: ,.. -f • . 777 .15- x ' - ..r. 01111111111111r 1 A 4 , •• i •-•' AK .7-1,1111, 1F 1 4 --: ..!--. - • -,,, / Zr_6 _.-.) � = z1- -H > K -1 _ c z 7J c > K ;,. ;l .. = . . ; ,,; . 1 _ / "411 -. 'i► 'r • +ram CORTEN Mature Patina 1I _ vit- ,- ,f)J1 rig Itirri 1 / „' s; 1. .,--- w.7.-. 4161 Alit 11\ • .. ... . 416., .."*. , . ,..... i , ,..... ,, . 9 ., k i ,- .. , ,: „7., 1 i T J. i " RESCUED" i , h � ru J On Site ,. , , .,.... ti , _ ..s. i -) ,,, ..,.. . ,, .<, .... - ,........_ � � - - iJ p / 1 _ t4vx 7 { fir. .,} Y _ -211 --PthIFyr r'. yy w a r t`�' fir . �'`x1 ! Ml_:,,,_,,i`,,♦, . .. f. . 1 : .1.. - ., •,,,, 11111.1 " RESCUED,/ . 4 . . . ..,.., , ........ . .,_ , 1 Human scale . ._ . ,..... il . ..,.., ii : __ 428_ ,... bmo- , . 1Pi.'. . ' , --t-'4 . 7 I ': 0 ,:-•• r..' - • -,. , -, 1 . f. ' ,1!:.. :... -_t.,.',1 • -- . — ' \ ilek ,,qilt,,,„- 1.•,,ar,....;„„; _,,,. :, i TA:, -----;:Ll ,.1\ , • : „.-",?!0-:"!"'"'. ..1:14 ..... ... • ,. ,- .. 1 - . :/...i.:,..• . ,hottilitithiL , ...-1;;Y..:,;,*,,,,"'-.--.:, ,,:'..A.,iir-'.- ' ' • . - • • . , . . 21 feet &in. C_ t ,4 " RESCUED" Fr Scale Reference _ { 4 feet' 60 in. `1 4 ,, South ,,, Ii htiv West Jil I 1 I till' site viewadi . 14 i , , : , , LeN_y I Considerable Si � Requirementht dine 5 -A-J. �. tee 1._.� 4 • • 91C " RESCUED" � � Icon .....„-_- . , .1 Landmark _ . r 9�1 � � ._F _, _ . . mmli. l'(11 ,,,.. AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS (CITY) AND ROBERT BARNUM (ARTIST) FOR THE FABRICATION AND INSTALLATION OF THE PROPOSED WYLIE ANIMAL SHELTER PUBLIC ART PROJECT 949A HENSLEY LANE,WYLIE, TEXAS 75098 Made as of the 14th day of August,in the Year 2018. BETWEEN the City: The City of Wylie,Texas 300 Country Club Road Wylie, Texas 75098 Telephone 972-516-6000 Facsimile and the Artist(s): Robert Barnum 8460 Midstate Drive Mecosta, MN 49332 Telephone: 231-598-0284 Facsimile: For the following Project: Fabrication and Installation of the proposed(Project)"RESCUED" The City and the Artist agree as set forth below. THIS AGREEMENT is made and entered by and between the City of Wylie, Texas, a Home-Rule Municipal Corporation, hereinafter referred to as (the "City"), and Robert Barnum, individually hereinafter referred to as (the "Artists"), to be effective from and after the date as provided herein. City and Artist are sometimes referred to collectively as the"parties"or individually as a"party." WHEREAS, City desires to engage the services of Artist to fabricate and install a bronze sculpture ( "Artwork")in connection with the Public Art Project at City' s Animal Shelter "),which shall be installed in the location designated by City on property located at 949A Hensley Lane, Wylie, Texas 75098 ( "Wylie Animal Shelter Building "); and WHEREAS, Artist desires to render fabrication and installation services for City on the terms and conditions provided herein. NOW,THEREFORE,KNOW ALL PERSONS BY THESE PRESENTS: That for and in consideration of the covenants contained herein, and for the mutual benefits to be obtained hereby and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1 ARTIST'S SERVICES 1.1 Employment of Artist City hereby agrees to retain Artist to provide the Services as set forth herein in connection with the Project. Artist agrees to perform such Services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services The parties agree that Artist shall provide the Services and deliverables that are set forth and described in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by reference for all purposes ("Scope of Services"), and shall furnish all personnel, labor, equipment, supplies and all other items necessary to provide all of the Services and deliverables as specified by the terms and conditions of this Agreement (collectively, the "Services"). The parties understand and agree that deviations or modifications to the Scope of Services, in the form of written change orders, may be authorized from time to time by City ("Change Orders"). Artist shall not perform any "extra" work and/or additional services without a duly executed, written change order issued by the Wylie City Manager or authorized designee. 1.3 Schedule of Work Artist agrees to commence work immediately upon execution of this Agreement and receipt of first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Project Billing/Project Budget, attached hereto as Exhibit "B" and incorporated herein by reference for all purposes. Notwithstanding anything herein to the contrary, fabrication of the Artwork shall be completed no later than February 15, 2019. The Artwork shall be delivered and installed on or before March 15, 2019 or reasonably promptly thereafter, as determined by City in its sole discretion. The Artwork shall not be delivered to the Wylie Animal Shelter site before the City is notified by written notice from the Artist of the delivery date ("Notice of Delivery") and after all portions of the base construction and lighting infrastructure have been completed by Artist. Delivery and full installation of the Artwork shall be completed within fourteen (14) days of the Notice of Delivery. ARTICLE 2 CITY'S RESPONSIBILITIES 2.1 Project Data If reasonably requested by Artist, City shall furnish required information that it has in its possession as of the date of the request, and Artist shall be entitled to rely upon the accuracy and completeness of the information furnished by City under this Article 2.1. 2.2 City Project Manager City shall designate, when necessary, a representative authorized to act on City' s behalf with respect to the Project ("Project Manager"). City or the Project Manager shall examine the documents submitted by Artist and shall render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Services. Artist understands and agrees that the Project Manager and his or her authorized representative are not authorized to issue verbal or written Change Orders for "extra" work or "claims" invoiced as "extra" work. Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 2 of 19 2487035 ARTICLE 3 ARTIST'S COMPENSATION 3.1 Compensation for Artist's Services As described in Article 1, Artist's Services of this Agreement, compensation for this Project shall be on a milestone basis, in an amount not to exceed Thirty-Five Thousand and No/100 Dollars ($35,000.00) ("Artist's Fee"), and will cover all Services to be rendered and materials to be provided in accordance with this Agreement. Artist's Fee shall be paid in accordance with this Article 3 and the Completion Schedule/ Project Billing /Project Budget as set forth in Exhibit "B". The final fifteen (15)percent of the Artist' s Fee, or Five Thousand Two Hundred Fifty and No/100 Dollars, ($5,250.00) ("Final Payment"), shall not be paid to Artist until Artist has completed, delivered and installed, as applicable, all of the Artwork, Services and tasks described in Exhibits "A" and"B"to City's satisfaction. 3.2 Invoices No payment to Artist shall be made until Artist tenders an invoice to City. Payments are payable to Artist within thirty (30) days from the date of invoice as long as the invoice is mailed to City within three (3) days of the date of the invoice. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "A". If any invoice remains outstanding and unpaid for more than sixty (60) days from the date of invoice, and Artist has fully perfoiiued its obligations as set forth herein, Artist has the option upon written notice to City, to suspend all work specified under this Agreement until the account is brought current. Continued performance and/or completion of work by Artist under this Agreement shall resume upon the payment of the earned fees by City. 3.3 Failure to Pay Failure of City to pay an invoice, for a reason other than cause, within sixty (60) days from the date of the invoice shall grant Artist the right, in addition to any and all other rights provided, to, upon written notice to City, refuse to render further Services to City and such act or acts shall not be deemed a breach of this Agreement. City shall not be required to pay any invoice submitted by Artist if Artist breached any provision(s) herein. 3.4 Adjusted Compensation If the Scope of Services for the Project or if the Services are materially changed by written change order, the amounts of the Artist's Fee shall be equitably adjusted as approved by City in its sole discretion. Any additional amounts paid to Artist as a result of any material change to the Scope of Services for the Project shall be agreed upon in writing by both parties before the Services are performed. 3.5 Proiect Suspension If the Project is suspended or abandoned, in whole or in part, by City for more than three (3) months, Artist shall be entitled to compensation for any and all work completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Artist shall deliver to City all finished or unfinished Artwork, documents, data, studies, surveys, drawings, maps, models, reports, photographs and /or any other items prepared by Artist in connection with this Agreement prior to Artist receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Artist's compensation shall be equitably adjusted as approved by City in its sole discretion. Any additional amounts paid to Artist after the Project is resumed shall be agreed upon in writing by both parties before the Services are performed. Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 3 of 19 2487035 ARTICLE 4 OWNERSHIP AND COPYRIGHT 4.1 Ownership of Work Upon completion, the Artwork and the Project shall be the sole property of City, and Artist shall not make any duplicate work of the same or substantially similar size, nor shall Artist grant permission to others to do so except with the written permission of City. City shall be entitled to copies of the plans and the maquette which are prepared by Artist in connection with the development and fabrication of the Project under this Agreement. The ownership of the Artwork is automatically transferred to and vested in City upon full payment of the Artist's Fee as set forth in Article 3.1 of this Agreement. 4.2 Ownership of Copyright —Artist shall retain the copyright to the Artwork. Artist shall take all steps, at his own expense, to protect the copyright of the Artwork. 4.3 License to City Artist irrevocably licenses City, its employees, representatives, officers and agents, the right to make photographs, two dimensional reproductions, and adaptations of the work for educational, public relations, arts promotional and other non - commercial purposes. For the purposes of this Agreement, the following, among others, are deemed to be reproductions and/or adaptations for non-commercial purposes: reproduction in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and calendars; in magazines, books, art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical or critical nature; slides, videos and film strips not intended for a mass audience, and television from stations operated for educational purposes or on programs for educational and news purposes from all stations. 4.4 Copyright Notice City undertakes to use its reasonable efforts to include in any reproductions which it makes of the Artwork a copyright notice in the following form: Copyright Robert Barnum, Artist. 4.5 Representations and Warranties Regarding Copyright Artist represents and warrants that the Artwork is an original creation of Artist and will not infringe the copyright, trademark or other intangible rights of any third party. Artist represents and warrants that the Artwork is an edition of 1, unless otherwise agreed upon with the City. ARTICLE 5 FABRICATION 5.1 Specifications Artist will fabricate the Artwork, or cause it to be fabricated, in substantial conformity with the design approved by City as set forth in Exhibit "A". 5.2 Changes Any significant changes to the Artwork by either Artist or as requested by City will be approved in writing by the other party. For purposes of this Agreement, a significant change will mean any change, including but not limited to, a change in the scope, design, color, size or material of the Artwork, which affects cost, installation, site preparation, maintenance and concept as represented in the design described in Exhibit "A". If Artist wishes to make a significant change to the Artwork, he must request written approval from City of the change in writing at the address provided in Section 14. City will provide a written response within thirty(30) calendar days. Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 4 of 19 2487035 5.3 Review of the Artwork City will be given access to the Artwork during reasonable business hours at Artist's or fabricator's studio in order to review the Artwork and Artist's or fabricator's progress with fabrication of the Artwork. Alternatively, City may request, and shall be given. photographic documentation of Artist's progress. 5.4 Notification of Fabrication Completion Artist shall notify City in writing pursuant to Section 14 when the Artwork is completed and ready for delivery. Designated representatives of City will have the opportunity to inspect the Artwork under Section 5.3 for conformity with the design and structural requirements prior to delivery and to give written approval or disapproval of the Artwork for thirty (30) business days following notice from the Artist. As an alternative to the studio inspection, photographic documentation may be submitted to City upon completion of the Artwork. City will be responsible for providing electrical connection to the site; Artist is responsible for preparation of site, base construction, lighting, and all other specifics regarding the installation of the Artwork at the site. 5.5 Warranty of Craftsmanship Artist warrants that the Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within five (5) years of the execution of this Agreement, Artist will remedy any defects at Artist's sole cost and expense provided that City has followed and documented the maintenance procedures detailed in Exhibit"A". ARTICLE 6 STORAGE 6.1 Storage Artist shall be solely responsible for any and all necessary storage and transportation costs associated with this Agreement as provided by the mutually agreed delivery and installation timetable. If, for reasons outside the control of Artists, there is a delay in installation, City will store the Artwork at a secure City facility. If the delay in installation is cause by Artist, Artist will be responsible for the costs of storage. Artist will be on site at time of delivery of the Artwork. ARTICLE 7 FINAL APPROVAL OF ARTWORK 7.1 Final Approval Within ten (10) business days after the permanent installation of the Artwork, City will inspect the Artwork to determine whether it conforms to all of the requirements of this Agreement. If City finds that any aspect of the Artwork is not in confoiiiiance with this Agreement, City will notify Artist in writing within seven (7) business days of the inspection. Artist will have an opportunity to address and cure any defects, requests or concerns of City within fifteen (15) days of the date of City's notice provided pursuant to this Article 7. All of the foregoing is without prejudice to any other remedies available to City under this Agreement or at law. ARTICLE 8 INTEGRITY OF THE WORK 8.1 Repairs and Maintenance - City shall exercise reasonable care to protect, repair, and maintain the work. Artist agrees to cooperate with and advise the City in connection with any such non-routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or replacement of any portion of the Artwork to the extent that he or she is able to do so. Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 5 of 19 2487035 During Artist's lifetime, City will not undertake any non-routine maintenance on the Artwork without attempting to consult with the Artist or his or her authorized representative unless an emergency requires the City to do so. 8.2 Relocation of the Work — To the extent that the Artwork is capable of being relocated, the City shall have the right to do so. If feasible, the City shall attempt to consult with the Artist concerning the relocation of the Artwork prior to any such relocation; however, the Artist's approval is not required for the relocation, if any. If the Artist is not pleased with such relocation, he or she shall have the right to renounce credit for the Artwork. If Artist renounces credit for his Artwork, this would include, among other things, relinquishment and abandonment of the copyrights described herein. 8.3 Credit — City agrees, at its own expense, to prepare and install at or near the Project a public notice, the faun and exact location of which shall be solely determined by City, giving Artist credit for the creation of the Artwork. ARTICLE 9 INSURANCE COVERAGE 9.1 Required Insurance Artist shall, at Artist's sole cost and expense, procure and maintain the types and amounts of insurance set forth herein for and during all aspects and phases of this Project. Artist shall be required to provide and maintain general liability insurance with a minimum of One Million and No/100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100 Dollars ($2,000,000.00) in the aggregate. In addition, Artist shall procure and maintain insurance for loss (including theft, fire and damage) and employee health and disability insurance, as well as any statutorily required workers' compensation insurance. All insurance and certificate (s) of insurance shall contain the following provisions: 1. Name City, its officers, agents, representatives and employees as additional insureds as to all applicable coverage with the exception of workers' compensation insurance. 2. Provide for at least thirty (30) days prior written notice to City for cancellation, non - renewal or material change of the insurance. 3. Provide for a waiver of subrogation against City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. 9.2 Insurance Company Qualification All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least "A" by AM Best or other equivalent rating service. 9.3 Certificate of Insurance A certificate of insurance and endorsement(s) evidencing the required insurance shall be submitted no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a certificate of insurance and endorsement(s) shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 6 of 19 2487035 Artist agrees that at any time during normal business hours and as often as City may deem necessary, Artist shall make available to representatives of City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of four(4)years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. Artist agrees that he is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit attached hereto as Exhibit "C" and incorporated herein by reference for all. purposes, and will abide by the same. Further, Artist shall execute the CIQ Affidavit attached hereto as Exhibit"D". Artist understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Artist agrees that he is further aware of the vendor disclosure requirements set forth in Chapter 176, LOCAL GOV' T CODE, as amended, and will abide by the same. ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist Default Failure or refusal of Artist to perform any act herein required, unless mutually agreed to in writing by City and Artist, shall constitute a default under this Agreement. In the event of a default, in addition to any other remedy available to City, this Agreement may be terminated by City upon ten (10) days' written notice. Such notice does not waive any other legal remedies available to City. Should termination occur due to Artist default, Artist will refund any payments received, in addition to any other remedies available to City under this Agreement or at law. In the event of any teiliunation under this article, Artist shall deliver to City all work, entirely or partially completed, in addition to any other remedies available to City under this Agreement or at law. 11.2 Conditions for Termination of Agreement Other than Artist's Default If City deems, in its sole discretion, the Project design is inappropriate or unworkable for the site, or if the deadlines specified herein are not met due, in whole or in part, to the Artist's actions and/or omissions, or if cost estimates indicate that the Project cannot be completed within the Project budget, City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of Artist's design concept for the Project. In the event of any termination under this Section 11.2, Artist shall deliver to City all work, entirely or partially completed. Artist shall receive as compensation, full payment for Services satisfactorily performed, as solely determined by City, as outlined in Exhibit "B", as applicable, to the date of the termination notice received. City shall make this final payment within thirty (60) days of notifying the Artist. Any payment not timely made under this Section 11.2 is subject to interest charges as described in Section 3.1. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 7 of 19 2487035 ARTICLE 12 DISPUTE RESOLUTION/MEDIATION In addition to all remedies at law, the parties may agree to attempt to resolve any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. However, if both parties do not agree to voluntarily mediate any such controversy, claim or dispute, mediation shall not be required. ARTICLE 13 INDEMNITY ARTIST SHALL RELEASE,DEFEND,INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES ( INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES INCLUDING LOSS OF USE), CLAIMS FOR PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER INTELLECTUAL PROPERTY AND /OR PROPRIETARY CLAIM, LOSSES, DEMANDS, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE ATTORNEY' S FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND /OR OMISSION OF ARTIST, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS LEGALLY RESPONSIBLE, IN ITS /THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST PURSUANT TO THIS AGREEMENT HEREINAFTER ("CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL. IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN ARTIST AND HIS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR' S OR EMPLOYEE' S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ARTIST, INCLUDING BUT NOT LIMITED TO, ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS, OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE,AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. ARTIST IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 8 of 19 2487035 IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ARTIST IN FULFILLING HIS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO OBLIGATION TO DO SO.ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF ARTIST' S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT.ARTIST SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN(7)BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF ARTIST FAILS TO RETAIN COUNSEL WITHIN SUCH TIME. PERIOD, CITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND ARTIST SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THE RIGHTS AND OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. ARTICLE 14 NOTICES Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing the same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested; by facsimile; by electronic mail, with documentation evidencing the addressee's receipt thereof; or by delivering the sane in person to such party a via hand-delivery service, or to any courier service that provides a return receipt showing the date of actual delivery of the same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification, the addresses of the parties shall be as follows: If to City, addressed to it at: Mindy Manson, City Manager Carole Ehrlich,Public Arts Coordinator City of Wylie 300 Country Club Road, Bldg. 100 Wylie, Texas 75098 With a copy to: Abernathy, Roeder, Boyd & Hullett, P.C. Attention: Ryan D. Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544 -4000 Facsimile: (214) 544 -4054 If to Artist, addressed to him at: Robert Barnum 8460 Midstate Drive Mecosta, MN 49332 Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 9 of 19 2487035 ARTICLE 15 MISCELLANEOUS 15.1 Complete Agreement This Agreement, including the exhibits hereto labeled "A" through "D", all of which are incorporated herein for all purposes, constitute the entire Agreement by and between the parties regarding the subject matter hereof and supersedes all prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented and/or modified except by written agreement, duly executed by both parties. To the extent that any provision of this Agreement should conflict with the provisions of an exhibit, the provisions of this Agreement shall prevail. The following exhibits are attached and made part of this Agreement: Exhibit "A", Scope of Services. Exhibit"B", Compensation Schedule/Project Billing/Project Budget. Exhibit"C",Affidavit 1295 Exhibit"D", Conflict of Interest Questionnaire, Form CIQ. 15.2 Assignment and Subletting Artist agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City, except for transportation, delivery and foundry services. Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve Artist of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Artist, and there shall be no third party billing. 15.3 Attorney's Fees If either party files any action or brings any proceeding against the other arising from this Agreement, then as between City and Artist, the prevailing party shall be entitled to recover as an element of the costs of suit, and not as damages, reasonable and necessary attorneys' and experts' fees and litigation expenses to be fixed by the court both at trial and on appeal, subject to the limitations set forth in TEX. LOC. GOVT CODE §271.153, as it exists or may be amended, if applicable. 15.4 Successors and Assigns City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 15.5 Savings /Severability In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 15.6 Venue This entire Agreement is performable in Collin County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas, without regard to Texas' Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 10 of 19 2487035 choice of law provisions. The exclusive venue for any action arising out of the parties' performance under this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 15.7 Execution/Consideration This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. 15.8 Authority The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. 15.9 Waiver Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such party's right thereafter to enforce and compel strict compliance. 15.10 Headings The headings of the various sections of this Agreement are included solely for the convenience of reference and are not to be full or accurate descriptions of the content thereof. 15.11 Multiple Counterparts This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 15.12 Immunity The parties acknowledge and agree that, in executing and performing this Agreement, City has not waived nor shall be deemed hereby to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. 15.13 Representations Each signatory represents his Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 15.14 Miscellaneous Drafting Provisions This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 15.15 Death of Artist In the event the Artist dies or becomes incapacitated during the terra of this Agreement, the fabrication, delivery and installation of the Artwork shall be completed pursuant to the Artist's design, conception and plans by: Name: Lisa Barnum, Address: 10647 Peninsula Drive, Stanwood, MI 49346, Telephone: (231) 598-0231, E-mail: lisabarnum ,stmikes.us. Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 11 of 19 2487035 15.16 No Third Party Beneficiaries Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 15.17 Reference to Artist When referring to "Artist," this Agreement shall refer to and be binding upon Artist, and his partners, employees, representatives, contractors, subcontractors, licensees, invitees, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and/or any other third parties for whom Artist is legally responsible. 15.18 Reference to City When referring to "City," this Agreement shall refer to and be binding upon City, its Council members, officers, agents, representatives, employees and/or any other authorized third parties for whom City is legally responsible. 15.19 No Joint Enterprise The parties do not intend that this Agreement be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this Agreement are separate and distinct. It is not the intent of either of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This Agreement does not constitute a joint enterprise, as there are no common pecuniary interests, no common purpose and no equal right of control among the parties hereto. (Signature page follows.) Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 12 of 19 2487035 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the date set forth in the introductory clause of this Agreement. CITY: ARTIST: City of Wylie, Texas Robert Barnum,individually a home-rule municipality By: By: Mindy Manson, City Manager Robert Barnum, Artist Approved as to Form: By: Ab- athy, Roeder, Boyd& Hullett, P.C. Ryan Pittman, City Attorneys Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 13 of 19 2487035 STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, a Notary Public in and for this State of Texas, on this day personally appeared MINDY MANSON, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of , 2018. Notary Public in and For the State of Texas STATE OF § COUNTY OF § BEFORE ME, the undersigned authority, a Notary Public in and for this State of , on this day personally appeared ROBERT BARNUM, Artist, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and consideration expressed, and in the capacity therein stated. Given under my hand and seal of office this day of , 2018. Notary Public in and For the State of Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 14 of 19 2487035 EXHIBIT "A" SCOPE OF SERVICES Project Description ("RESCUED" Public Art Project) To fabricate and install the proposed Wylie Animal Shelter Public Art Project artist Robert Barnum will perform the following tasks: A) Following a site visit, submit final schematic drawings of the proposal, based upon submitted maquette to City staff and the Public Arts Advisory Board for their review and approval within sixty (60) days of the receipt of this agreement. These drawings will include: • Detailed information of every physical feature of the construction of the Artwork and its integration with the site with any proposed changes to the previously submitted concept highlighted. (Final Design). • A description of any issues involved in the construction, integration and maintenance of the Artwork, as well as any third party subcontractors needed to work on the project. • A final project budget breakdown not to exceed $35,000. • An installation timeline. B) Following formal approval by the Public Arts Advisory Board, and the Wylie City Council, the Artist shall submit drawings stamped by an engineer, located and licensed by the State of Texas and paid for by the Artist, for certification that the Artwork, foundation, and its connection will be structurally sound. C) Artist shall fabricate and install the Artwork in substantial conformity with the approved design. Any significant changes in the concept, as defined in Article 5.2, must be approved by the City. It is the responsibility of the Artist to coordinate with the City, the Project Landscape Architect, and Contractor to ensure that the site is prepared to receive the Artwork. Artist will be responsible for preparation of the site, including installation of the foundation base, risers, sculptures and lighting. City will be responsible for landscaping around the space and electrical power to the site. D) Upon completion of the permanent installation and clean-up of the site, the City Project Manager will inspect the work and give notice of acceptance, as provided in this Agreement. Artist will complete City's maintenance worksheet and submit it to the City within ten (10) days of City's final acceptance of the Artwork. Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 15 of 19 2487035 EXHIBIT "A" ROBERT L BARNUM RL BARNUM STUDIOS 8-24-2018 RESCUED Sculpture: Wylie Animal Shelter. Definition. 21' 5" tall sculpture defined by two separate freestanding components. COMPONENT 1: Stylized Child holding dog. 12' tall above concrete support foundation. Height from top of head to bottom of round support plate. COMPONENT 2: Stylized Male and Female shelter workers. Male 13' tall. Height from top of turned up head to bottom of aluminum half circle support plate. Female height 12'6". Height from top of head to bottom of aluminum half circle support plate. Male shelter working is holding two corten steel stylized animals. One puppy and one kitten. Both Male and Female Shelter workers will be supported by a 60" tall corten steel podium. Surrounding the male and Female Shelter workers will be three stylized corten steel animals. One German Shepard, one traditional mixed breed dog and one cat. MATERIALS: 1) Child: %" thick 6000 series aluminum. 2) Dog child is holding. 3/8" thick corten steel. 3) Podium: 3/8" thick corten steel. 4) Male Shelter worker: 1/2" thick 6000 series aluminum. 5) Puppy and Kitten. 1/4" thick corten steel. 6) Female Shelter worker. 1/2" thick 6000 series aluminum. 7) German Shepard, Mixed breed dog and cat: 3/8" thick corten steel. 8) 14 GA galvanized steel. Thin galvanized metal will serve as a metal corrosion barrier between and aluminum and corten steel that layers or touches. Design priorities. Perpendicular body plate design with complete welds to create a long life wind, sun and weather resistant freestanding sculpture that will require minimal maintenance. Foundations: Both sculptures will be supported on separate concrete foundations. Electrical. Both sculpture components will have power to those foundations and will have adequate commercial lights to produce a pleasing 24 hour view. SCULPTURE WEIGHT: COMPONENT 1: Young girl: 350 lbs. Page 2 Dog: 90 lbs. Total: 440 lbs. Total weight on concrete foundation support: 440 lbs. COMPONENT 2: MALE shelter worker: 375 lbs. Puppy and Kitten: 45 lbs each. Total: 465 lbs. Female Shelter worker: 325 lbs. German Shepard: 85 lbs. Mixed breed dog: 75 lbs. Cat: 65 lbs. 1/2" thick aluminum sculpture support base. Circle 56" in diameter: 125 lbs. 14 GA galvanized steel barrier. Circle 56" diameter. 30 lbs. Galvanized bolts: Misc. sizes. 20 lbs. Total weight on corten steel support podium: 1190 lbs. Corten steel podium: 60'x 48" x 3/8": 2150 lbs. Total weight on concrete foundation of Component 2: 3340 lbs. BOLT DESIGN.All bolts used to secure sculptures to concrete foundations, to secure male/female shelter workers, German Shepard, mixed breed dog and cat to corten Steel podium, to secure the corten puppy and kitten to the male shelter workers hands and to secure the dog to the young girl will be galvanized machine bolts or anchor bolts. Corten Steel podium base to concrete foundation: (8) galvanized 3/4" x 8" anchor bolts. Young Girl holding dog aluminum podium base on concrete foundation. : (6) galvanized 3/4" x 8" anchor bolts. Puppy and kitten to male shelter workers hands. The 1A" thick corten steel kitten and puppy will have a 14 GA galvanized barrier between any fastening points between the corten steel animals and the aluminum support hands. 1/2" galvanized bolts. Various lengths. 3/8" thick corten steel dog fastened to the young girl. There will be a 14 GA galvanizes barrier between any fastening points between aluminum girl and corten steel dog. 1/2" Galvanizes bolts.Various lengths. Male/Female shelter workers 1/2" thick aluminum sculpture base secured to corten steel podium. 3/4" x 6" galvanized machine bolts will be secured through the 1/2" thick male/female figures organic shaped support plate, through a 1/2" x 56" diameter circular aluminum plate, through a 14 GA x 56" Page 2 diameter galvanized circular plate and through the 3/8"thick top plate of the corten steel podium. The corten steel podium will have a designed maintenance door 2'x 3' in size in one of the podiums side panels. 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I 4i t Cste 0111111% _:§ii,' sr 1-1-414,1451 Ils‘f -..„ T" ROBERT L BARNUM RESCUED sculpture Wylie Animal Shelter PROJECT BUDGET: Materials: Corten Steel/6000 series aluminum $12,000 Fabrication costs. $3000 Studio labor $5000 EngineeringFee:.......................................... ................................................ $1500 Concrete supports. Local Contractor $4500 Shipping. $1200 Installation. Equipment/labor $2000 Travel/Hotels ETC $1000 Electrical $1000 Artists fee. $3800 TOTAL $35,000 INSTALLATION TIME LINE. RESCUED will have engineered concrete supports/foundations for both components of the total sculpture statement by late fall 2018 if I can secure a local concrete contractor by the time the contract is signed and accepted. Installation: Materials/equipment: Installation will require I rent a telehandler or an all terrain forklift capable of sculpture height and weight requirements. RESCUED will require two days on site to install the sculpture. MAINTENANCE: RESCUED will fabricated out of long life low maintenance metals. Corten Steel and 6000 series aluminum. Both metals will require minimum maintenance. I would suggest you hose off road dust or dust from storms every year or so with local shelter water and a garden hose. Repairs from scratches ETC can be brushed out with 3M ScothBrite pads or 120 grit flap discs. ELECTRICAL: RESCUED will have three ground level lights mounted into the concrete foundation corners. Two commercial lights will be on the taller podium Male/Female shelter works sculpture component and one commercial light on the Child holding the Dog component. ai a • an An IPIP M M M 40, Flagpole Size: 25'- 35' Size / Style: 2800 Lumens LED Spot Lighting Kit Details: (25' - 35' Flagpoles) NIA FNANC117:PROC.:CM:RFS Ulu:164h an4 eark7 trIfOrriOliPn,AS4Vtt 411+4 kn,` allas4 Ja›..1;$4krki17,4 41'0411*,nr40 tht ri*1 rtior 14 1p4y;Ti64 Rec N,44,r op0 Nrccirk rrotztiseil. Low (144.41A WOW m1/41 of .411 rty„,;0141,..' t 4s, r:i pc of mcso 41.4 fuNri,„: mitto 1ky.c;Nctiti.4-414401rWaSts 411‘,):: CuAzA0Artc-- 640',17.0 c4N2u-tiiqoo rui4,4 itt the:fibri*i:AtiOrV Of LN Tvssitt (Aietrot,h kr,St WAN i'itS11.',741% SokiCkhn..0.0: pv62.4 ,44-__ 64!:1•71-4' (4/ 4 ,-vv1) /20 teeeelffi,v0 4‘;e: Jr 11' 44ot riAm, 41-4 0J4roo, 16,0K1 Owl atf6.0; 7112,71$7 imgc,14,4,4.04 kcchri$.0K-1.Ottxh,r441,4444riapp1S,64107 Ig04-VAIN :0) e 804.1'S - AVi Z-674 ileCX /igen VvrAl 5r6Z t)I ligsweittr Nitittcronoc prixrvjury (EL- sp,,citis-7 r,,,sagoR, LaS,Nirt; 4,04 rtuittvialt): 40.45,e HolAree"7": Q/C4, 'vetZ51,?: fe-44f- WiTh 3641 JczYco gei-As- Mos-(411141;4/,-4) 100 49;.sc C1r4otk*S.:*ref 04;Nr,ruirittroott 1u^,110\t„, 704) fit) 41)Srotere..., A1,1711111Mill 1111 Wyht A4140.411,MPOSSIC rout Arl Fi,Ji.Kohn aye**.iiM It.1I :44i141,t EXHIBIT "B" COMPLETION SCHEDULE/PROJECT BILLING/PROJECT BUDGET Completion Schedule and Project Billing TASK DESCRIPTION PAYMENT TIMELINE 1 Execution of Agreement and Notice to Proceed. $2500 8-10-2018 Insurance documentation sent to City. 2 Submit final design and budget breakdown for $5000 8-10-2018 approval to city staff Stamped engineered drawings submitted. 3 Artist begins work upon issuance of city permit. $10,000 8-15-2018 4 Artist carving stone (half complete) confirmed with $7500 12-15-2018 staff (pictures or examination) 5 Artist ships work from studio to site. $2750 3-12-2019 6 Artist installs work at site. $2000 3-14-2019 7 City inspection and approval-final signoff $5250 3-15-2018 TOTAL $35,000 Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum,Artists Page 17 of 19 2487035 E .41, t:rir"C" AFFIDAVIT THE STATE OF COUNTY OF fli)i c&r I, fi, %/i) 1st, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be peculiarly affected by the work or decision on the project(check all that apply); _ Ownership of 10%or more of the voting shares of the business entity. Ownership of$2,500 or more of the fair market value of the business entity. Funds,received frown the business entity exceed 10% of my income for the previous year. Real pmperty is involved and I have an equitable or legal ownership with a fair market value of at least $2,500. None of the above. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member, Other Upon the filing of this affidavit with the City of Wylie, Texas, I affirm that no relative of mine, in the first degree by consanguinity or affinity as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. SIGNED this day of 50..L; 20 fcr. i ' e ofOff'cialfTitle BEFORE ME,the undersigned authority,this day personally appeared_ ' r. i, and on oath stated that the facts hereinabove stated are true to the best of his/her knowledge or belief. Sworn to and subscribed before me on this 4p `'°, .,day of f ,20 rt G ' J#LL K.GOODFELLOW Notary Public in and for NOTARY PUBUC-STATE OFCOUICY OF P The State of a C a.w2 .�� + in Me c My Commission expires i Agreement for Wylie Animal Shelter Public Art Project,Robert Barnum Artists 574350 v2 EXHIBIT CDR CERTIFICATE OF INTERESTED PARTIES, FORM 12 OFFICE UBE ONLY • Complete Nos: 1 - 4 and 6 II there are Interested parties, Ccrnplete Nos, 1, 2, 3, 5,, and 5 i$ there are no Interested parthes. .. item+of business entity filing form,and the city,state and country of the business entity's place of business, in k, 0t 5 , rir ' '2 Name 04 Governmental entity Or NEW*agency tit a party to the contract far which the form Is:being Hied. Provide the IdentlItcation number used by the go verrwnent l entity'or elate agency to track Identify the contract, and provide a deec1100n of the geode or services to be provided under the contracts Nature of intereat.(check applicable) . limns,of interested Party b Country �_ o (piece f ualrtetrs) Coolsoling Intertnsdtery + .co. :4 /J+i (C11 5 Check only if there le NO interested Petty. El , Jew STAB OF imeHIGAN i Sww4,sac erele perwittii met *ove dsdmors ie two seed correct COUNTYOf ME OSTA Cgrnrn &on Expices441 17,2023 . w.Inthe COO*of.Cw . spnaam ai ee;rdeorFsed zoom at contracting business notify AFFIX NOTAtlY STAMP d SEA1, AeOve $w to arcs� a broo mo try h.sraw � � � t,if) fat :441cloy Iv ,4,- .v w... 20 „ s.� t'o code./welch,*tootle my Wad one ee i of office Sa9n ohorer dM C Dr a cw ire pare PrIii ad eeamw oT!rxer wd:winty coda. Yefv eel cir easbridr�hrtarv�a.11h ADD ADDITIONAL PAGES AS NECESSARY J Form cro%'dwd br Timm I SSes CorrveisAlon www.rttres state.te,us Adopted 1 15 Agreement.fur Wylie Animal Shelter Public Art Project,Robert BSroam,Artists 57435a,v7' • t' 1 i \ I)F f 1 lAtYLI E Construction Manager at Risk — Selection - A one step selection process was used for the CMAR ,,, ...0A-.•A•4 Akot ,,,'.' „,, services as outline by Section 2269 253 of the Texas Government Code. Request for Proposals (RFP) were evaluated based on . . 1.,‘,1 ', ',„ 1,,,, ' ,•.,,k,-,,ty vn.„., \ . the published criteria which included vendor . . I _ qualifications, work history, fees and pricing. , . - - The City is required by statute to begin negotiations with the highest ranked firm. ' „ y , ,wy - • n 4, . 08/18 ' No-LIEfr/ IN ° tic a r ca r^ ¢w Evaluation Criteria A �o The objective of the review committee is to review all submissions, and to select the Respondent that is the " "� ,ilow most highly qualified for the City's needs. �� - 40% - References and experience with same or similar '�� facility requirements ;t '', ', - 30% - Qualifications of Firm and Personnel assigned to " c tM& this Project including: - Years in business, size and staffing - Workload and availability to meet schedule �` - Experience on similar project types' - Management plan - Safety record ' 30% - Cost Proposal Form - Proposed fee for pre-construction services � ''� - Proposed fee for construction services p6`rr r" ryer r ;diw rc w �^ is * ," � - Cost and extent of General Conditions it, flt lAtYLIE loi\ sal .L Construction Manager at Risk — Services the levels of support The CMAR is hired during the projectrt designtoephase to • provide two distinctthatnsure s,„ ,4'4VIW•44'y i''''.44.4`44A0 0 gc '.'1' project is brought in on time and on budget. with— rchi *tect) during Pre-Construction Phase: the CM.ARtchoelladbeosirgantepshasie . , 0 the City and ADG (A Phase: Once the on construction methods and materials. - Construction * isdetermined, . . Price" "Guaranteed Maximum risk to comp for the project assumes all of the •is letethteheprCoMjeActRwithin , v from trade the GMAP. The CMAR for bids required to properlyafdovrearitlise , v City contractors. or subcontract • will be mutually agreed work; and to review the bid results with the i and ADG. Award recommendations 4",, upon. ' ,, MD TABULATION W201B-69-e CONSTRUCTION MANAGER AT RISK( M R M SERVICES-AAnrLIE PUBLIC SAFETY RURDI YG RENOVATIONS 1livis due prier m"_ lIderit 23•,20111 p.3.110 P111 CDT Estimated Ntiiiect Cash $112,200,100110 C1711STRUCTKIDM.' IIITIA:tL. PHASE FEE• RANKING PIE- 444 an!xriltm a , NOT TO (tames skyad ,COINTRLICTION CONSTRUCTION pri aet mot an EXCEED GC Tor ice ears al'and FEE 1 F1ASlE.FEE% . 4 m,2411 COSTS TOTAL Seem[7 ) {10% TRIM Seam pacing e a POG1E CONSTRUCTION $ 30G000.00 l5O $ 155,0013.110 $ 43i5„201.03 $ 720,2111.00 LS 1105 3.714 1 EYE'CONSTRUCTION 5 3.5(I UJO 32576E $ 131.50003 $ 6112551.00 $ UM9,15LO] 27 0100 3.443 2 PULLIAM CONSTRUCTION 3AAMA.GEMENT INC 5 204.0CXk : 4. 1'4i $ 41011,000,C0 $ 538,154A00 $ 96611E+4,➢17 7_.406 0.901 3.307 3 KEY COMM uc-ncot S I10,1000ia ZACi ,$ 204,000.00 $ 356,334. SIo, S S334A0 1.817i 1.5010 3.3331 4 CORE CONSTRUCTION $ .150 k0a 2..9616 $ 30316000 $ 532,79IA0. $ a51,711A0 2.235 1 1127 3.257 5 SPEED FABCRETE 5 15300_O 4A0'.1 $ 4106,,000A0 $ 515A 0 H 0 $ 938,700.00 2.014 0..927 2.941 6 SsCM1DLOT'CONSTRUCTION $ 17,00000 1.707i $ 275",400113 $ 5436„16a.d➢0 $ B01,15aA0 1,490 1.086 2.576 7 COOPER.GENERAL CONTRACTORS $ 10000.00 :LOW $ 612.,000.03 $ 5-02933.00 S 1,164;900A0 1.18& 0.747 2•.43.3 B 0 metal(Mil the eboveinchaat sal Mims who sutartiittea is responsive]'mpert Glenna,He yes CiP_MA,A.P.P. 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Safety/SWPPP SupervisionWeekly Site Visits 35 Years Experience Safety Oversight and Support otrAVORE0 RV PrOPUF ` a DeWayne Taylor Safety SUPE RINTENDENT Schedule Municipal Experienceuality Assur ance Punch List 25 Years I $236 Million Million trAfighir . . . _ eoweepere to et e /0/V PROJECT EXEC POWERED BY PEOPLE I I I I I U v m .;,''j r ",,1°`;` Iq',1!.,; I''';: ,y,1I r"11II,II I!v+ l\ r I't:�',; I t YJrI:I WI 1 h''r's4 'dt„i; 11 Iln;l`' 101 11!rr J I 1` ! \W Ii i1 I,IIII '� � Y v W e u P} 11r 1 I4I , ` ) ,1" \ 1+111 !I \ 1Cf ` II 1 4 11� 1 1, p„ I I jo Wi 'r I. ',`r ' ,a. ll';C: I!I,;:', ` o Y.'' 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Illi , i P, 7 r ; - _a - toffs p J P1 Anew PLAN REVIEW: .. . � � U • Attend Design Meetings • 326 Item Scrub Checklist �m • Feedback to the Architect • Reduce RFIs • Site Logistics and Phasinga�..� .. um — • Schedule completed by the end 4444 tatmo.ftluR4 of design phase ,. s a ,�v ..ie, �,, ,,,,,,*� ',„,` ', "". 4 cur �t y g mm. a.a.A.:m. • Know the project before it starts �___,,...�.�..�.:.,...k...:,....._.�...�..,._.n....�m..�.._....4..,....n......�_.�..�..��.u...m....�...,�_.�...�n.�,.4.......�_��._..�,...M�.,.....t.��..._.....n...�,W�.,......�.:m....m�,.�....�.�.w.....vm....,..fi�_.w.��..��....��.....�...,..�...�.,..�...�.. „,:: �, a ::...._ a. ,,. ,4,4, ,. ...e, -„, s *,rite"?ION Paws. Ot O tile' :`' I E cu 4-0 S2 a--P C o cu a au tar.) c v (13 �o' = V) a —IN .0 bO CU {V = Q � S cn •. . . . Isom • Safety Firsts . • Daily communication POWERED BY PEOPLE General Contractor with Owners Rep • Calendar coordination • Critical path • Long lead items DeWayne Taylor Alrairriir iroNsis,r,12:,eff,i,?„.4e EiCrijECtiqi I :..::•0.;t'"'mo :4: :',2 1,;$�. "• tip,;t:,;i ti;1,r`.;;3a ,7tt�� t>.: y",M SITE PLAN. , } r lot., *`''i>$'q,„� ;1, • ,�S,,Nti"�.. �: C,> • Logistics and movement: Oki." • , • r i��;� � t, i 1, ti,..„,,,,tp>� .x'i7,,,iw;,;,,,,,,�.�, ,CoIIin ou�ntV'd�x. :s Users and Staff access �wtrg nr� N a d. 1ic ,or';', �4,,� ' w i ,i,", .,' ,., awe;:;,,";;,,; , „; .�4�w .• ,,m,-, � k `gi,if, v",..!i•>;"„ -, • Plot: Trailer, Storage, ,, 1'};� o,-,,p r:� „ ', - .I , ? ws." 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