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10-26-1993 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex October 26, 1993 7:00 p.m. CALL TO ORDER INVOCATION - Reverend Don Yeager CONSENT AGENDA 1 . Consider Approval of the Minutes of October 12, 1993 2. Discuss and Consider Approval of a Contract with Hogan Corporation for Engineering Services PUBLIC HEARINGS 3. Hold Public Hearing and Consider Approval of an Ordinance Granting a Request from Ken Shouse for a Specific Use Permit for Accessory Structures, Swimming Pool, and Play Area at Redwood on the Lake Mobile Home Park 4. Hold Public Hearing and Consider Approval of an Ordinance Amending the Comprehensive Zoning Ordinance to Establish Auction Houses as a Permitted or Specific use in One or More Zoning Categories 5. Hold Public Hearing and Consider Approval of an Ordinance Amending the Comprehensive Zoning Ordinance to Amend Requirements for Bowling Alleys and Commercial Amusements as they Pertain to Bowling Alleys 6. Hold Public Hearing and Consider Approval of an Ordinance Amending the Comprehensive Zoning Ordinance as it Pertains to Retail and Wholesale Plant Farms and Nurseries 7. Hold Public Hearing and Consider Approval of an Ordinance Amending the Comprehensive Zoning Ordinance as it Pertains to Permitted and Specific Uses within the Agricultural Zoning Category ACTION ITEMS 8. Discuss and Consider Approval of a Request from Harry Tibbals for a Replat of Lots 19, 20, and 21 , Block A, Rush Creek Estates, Phase II. 9. Discuss Health Insurance Status and Take any Related Action STAFF REPORTS CITIZEN PARTICIPATION Posted this the 22nd day of October, 1993 at 5:00 p.m. MINUTES OF THE WYLIE CITY COUNCIL October 12, 1993 . CALL TO ORDER - 5 Mayor John Akin called the meeting to order with the following Councilmembers present: Reta Allen, Jim Swartz, John Mondy, Steve Wright, Ortie Messenger and Bud Naish. No members were absent. 10 EXECUTIVE SESSION Council adjourned into Executive Session at 7:10 p.m. under Article 6252-17 V.A.C.S. to discuss: 15 (a) Personnel RE: Nomination to Central Appraisal District (b) Personnel RE: Appointment to Development Corporation Upon reconvening into regular session at 7:40 p.m., Naish made a motion to nominate Richard Parker and Bart Peddicord to the Collin County Central Appraisal 20 District. Messenger seconded the motion. The motion was voted on and passed unanimously. Allen made a motion to appoint Marvin Fuller to the Development Corporation. Messenger seconded the motion. The motion was voted on and passed unanimously. Following this vote, Councilman Wright left the meeting. - 25 CONSENT AGENDA Council considered approval of the Consent Agenda which consisted of the following: 30 (1) Minutes of September 28, 1993 (2) Ordinance No. 93-45 amending the park regulations to allow the City Council to grant exceptions to park hours 35 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING SECTION 6.01 OF THE WYLIE CITY CODE, PARK HOURS OPEN TO THE PUBLIC; FURTHER AMENDING THE ATHLETIC FIELDS POLICY AS ADOPTED BY ORDINANCE 93-9; BY MAKING PROVISIONS FOR THE CITY COUNCIL TO GRANT WAIVERS OF PARK CURFEW HOURS ON A CASE BY CASE BASIS, REPEALING ALL CONFLICTING ORDINANCE; CONTAINING A PENALTY CLAUSE; 40 CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE (3) Ordinance No. 93-46 authorizing tax exemptions for disabled citizens AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING AN EXEMPTION IN THE 45 AMOUNT OF $30,000 FOR RESIDENCE HOMESTEADS OWNED BY DISABLED PERSONS IN THE CITY OF WYLIE; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE (4) Resolution No. 93-19 endorsing the National Unfunded Mandates " 50 Education Program Naish made a motion to approve item numbers (1), (3), and (4). Mondy seconded the motion. The motion was voted on and passed with all in favor except Akin who was opposed. Swartz made a motion to approve item number (2). Messenger seconded the 55 motion. The motion was voted on and passed with all in favor except Akin who was opposed. AUTHORIZATION FOR WYLIE ATHLETIC ASSOCIATION TO HOLD ALL-NIGHT SOFTBALL TOURNAMENT 60 City Manager Steve Norwood explained that Council had conceptually approved the request from 8:0 a.m October 16th to 5:00 a.m. October 17th but official approval was now required. Messenger made a motion to approve the request. Swartz seconded the motion. The motion was voted on with all in favor except Mayor Akin who was 65 opposed. ORDINANCE NO. 93-47 REQUIRING TEMPORARY PORT-A-LETS AT CONSTRUCTION SITES 70 Norwood explained that the ordinance proposed would give the City enforcement authority that was not currently provided under building codes. Messenger made a motion to approve the ordinance. Mondy seconded the motion. The motion was voted on and passed unanimously. 75 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 3 OF THE WYLIE CITY CODE BY REQUIRING AVAILABILITY OF TEMPORARY TOILET FACILITIES AND CONNECTION TO CITY POTABLE WATER SUPPLY; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE 80 RESOLUTION NO. 93-20 ESTABLISHING A POLICY REGARDING ZONING ORDINANCE ENFORCEMENT City Attorney Steve Deiter explained that the resolution endorsed the staff's current 85 practice of not issuing a building permit or C.O. for a use that was being reviewed through the public hearing process with a potential outcome that would affect the ability to receive a C.O. or building permit for that use at the requested location. Messenger made a motion to approve the resolution. Swartz seconded the motion. the motion was voted on and passed unanimously. 90 FIRE PROTECTION CONTRACT WITH ROCKWALL COUNTY Norwood explained that the contract with Rockwall County had expired and proposed to renew the contract. Allen made a motion to approve the contract at a rate 95 of $500 per fire call, the same rate that Wylie charges for response to fire calls in the Town of St. Paul. Naish seconded the motion. The motion was voted on and passed unanimously. PAYMENT OF RETAINAGE TO JESKE CONSTRUCTION 100 Messenger made a motion to deny payment of the $2500 retainage. Mondy seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS 105 Norwood explained that Douglas Cargo would be presenting a first draft of the Comprehensive Plan at the conclusion of the regular Council meeting. He reported that September sales tax was up 39% from last September. 110 CITIZEN PARTICIPATION Bart Peddicord told Council that BFI had dropped cans and broken glass in the street without cleaning it up. He also stated that the Humane Society had taken three days to pick up a cat out of a cat-trap in his yard. 115 WORKSESSION Council adjourned into a worksession to hear a presentation from Douglas Cargo regarding the development of the Comprehensive Plan. 120 ADJOURNMENT As there was no further business to come before the Council, the meeting adjourned. 125 APPROVED 130 ATTEST City of Wylie AGENDA COMMUNICATION v.) SUBMITTED BY: Legal DIRECTOR: teven P. -Defter DATE REFERENCE NO. SUBJECT 10/20/93 a Agreement for Engineering Services - Hogan Corporation SUMMARY OF SUBJECT: Although the Council approved the Hogan Corporation to serve as engineers for the City a formal agreement for provision and payment of such services was never finalized. The agreement which is submitted is the ..- second proposal and better protects the interest of the City than did the first. The agreement is effective as of the 27th of July, 1993, contains no specified termination date but is terminable at the will of either party. ALTERNATIVES: (1) Approve the agreement as presented (2) Approve the agreement with modifications as deemed appropriate by Council (3) Reject agreement ACTION REQUESTED: To approve the agreement as presented so long as:Council is comfortable with effect of agreement, as noted in the attached memorandum. REVENUE SOURCES: EXPENDITURE ACCOUNTS: Co►M113i/CEO SERVjC.65, -kOT 7n EKcEel) BUDGETED FISCAL YEAR(s): 4 ap,cco 1,V/7) CDutl1C(I ',;'?(1( L14 ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: u OPERATIONS 0 ONE-TIME 0 • S CAPITAL 0 RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: ' BACKGROUND MEMO —�_. MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER - BUDGET REVIEWED BY: v/WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS _ OTHER MINUTES LEGAL ii y/K•neK�• ____ CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF ___ CITY ATTORNEY PUBLIC WOE SUPR. FIRE CHIEF • - _ DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS I APPROVED FOR SUBMISSION TO CITY COUNCIL - ------- - - --- —i - MEMORANDUM TO : City Council FROM: Steve Deiter 111PIPP. A SUBJECT : Agreement For Engineering Services - Hogan Corporation DATE : October 19 , 1993 ********************************************************************************* Shortly after the Council approved the Hogan Corporation to serve as Engineers for the City they drafted and submitted an agreement for services. I reviewed the proposed agreement and issued an advisory memorandum on the proposal (see attached copy dated July 22, 1993). Due to schedule conflicts and various other matters I was unable to meet with Bob Hogan and his attorney, John Gay, to discuss the agreement, until October 6, 1993. As a result of the meeting changes were made to the agreement, a revised draft was prepared by Hogan's office and mailed to me this week. I have enclosed a copy of the agreement for your review and consideration. The concerns expressed in my July 22, 1993 Memorandum were resolved as follows: 1) Required level of performance by engineers - The agreement now contains an additional sentence, added to the beginning of Section III which states "The Engineer shall perform professional engineering services with the degree of technical competence demanded by modern engineering standards." While this language does not require as high of standard as I requested (highest degree), it is at least some standard and practically speaking is all that Hogan will agree to. 2) Request for indemnity provision in City's favor - The firm was not agreeable to such a provision. Even without such a provision the City has the right to seek damages from the firm in the event they would cause damages. It is just that they are not willing to agree (in advance as the case may be) to reimburse the City for such damages as their liability carrier would not approve. 3) Lack of supervision in constructions projects - They are not at all agreeable to undertaking any responsibility for supervision of construction projects. This is an issue with the liability carrier and if the engineer agrees to it they have in effect guaranteed all aspects of the projects, which of course the carrier does not want them to do. I noted in my memo that they would not likely agree to this provision. Their response is that it is the contractor who is the guarantor of the project. While that is technically true, the practical aspect is that when the contractor is the guarantor it is very much a situation of the "fox guarding the hen house". 4) Lack of objective standards for price of service and materials - They advised this was their standard way of handling pricing and charges. Ultimately this issue is one of trust. Consequently the City is going to have to trust them to bill fairly, as they are not agreeable to changing this provision. As noted in the memo this is a matter which will need to be monitored by someone on City staff to insure accurate billings. 5) Charges on "per diem" basis - The reference to "per diem" charges has been changed to "per hour" as was requested. Overall I have no objection to the Council's entering into the agreement so long as the Council is aware of the short comings of the agreement (as pointed out in my prior memo), which have not been remedied by the revised agreement, specifically: a) the agreement is not as specific and comprehensive as it could be with regard to the rendition of engineering services b) the agreement does not imposes project supervision duties on the engineer c) the agreement gives the engineers great latitude in their billing (lack of objective standard) However all of the short comings of the agreement are made more palatable by the fact that the agreement is easily terminable by either party in the event where problems would arise. In other words, if any of the potential problem areas become actual problems the City can terminate the engineer's services. Should you have further questions on the agreement or its effect please do not hesitate to contact me. cc: Steve Norwood MINUTES OF THE WYLIE CITY COUNCIL July 29, 1993 CALL TO ORDER 5 Mayor John W. Akin called the meeting to order with the following Councilmembers present: Jim Swartz, Bud Naish, Ortie Messenger, and John Mondy. Reta Allen and Steve Wright were absent. 10 AWARD OF BID FOR GRAVITY SEWER MAIN ACROSS NTMWD PLANT SITE AND 8 INCH SANITARY SEWER MAIN AND 8 INCH WATER MAIN IMPROVEMENTS Council considered a recommendation by the City Manager to award to bid to the low bidder, Dual Construction, as indicated by the bid tabulation: 15 No. Bidder Package A Package B Total Bid Price 1 Dual Construction Co. 260,213.00 97,216.00 $357,429.00 Texarkana, Texas 2 Dowager Construction Co. 215,817.00 159,870.00 $375,687.00 Dallas, Texas 3 Martin K. Eby Construction 0Ey y 135,077.00 $410,104.00 Bedford, Texas 20 4 Moss construction Co. 370,6 1.50 132,370.00 $503,041.50 Plano, Texas Swartz made a motion to award the bid to Dual Construction. Messenger seconded the motion. The motion was voted on and passed unanimously. 25 APPOINTMENT OF HOGAN CORPORATION FOR CONTRACT ENGINEERING SERVICES City Manager Steve Norwood recommended contracting with Hogan Corporation as the City's engineering firm. Upon motion by Naish and second by Mondy, Hogan 30 Corporation was unanimously approved as the engineering firm for the City of Wylie with a formal agreement to be considered at a later meeting. CONTRACT FOR ARCHITECTURAL SERVICES RELATEDTO CITY SERVICE CENTER 35 Norwood recommended that Council appoint the firm of Hatfield & Crookless to prepare the preliminary design and plans for a city service center at a total contract price not to exceed $5,000. Upon motion made by Messenger and seconded by Swartz, 1 AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS COUNTY OF COLLIN THIS AGREEMENT made, entered into and executed this the 27th day of July, 1993 , by and between the CITY OF WYLIE, TEXAS, hereinafter called the "Owner", acting herein, by and through its Officials who are duly authorized so to act for and in behalf of said Owner, and THE HOGAN CORPORATION, Engineers • Planners • Consultants, of Dallas, Texas, hereinafter called the "Engineer", acting herein, by and through its officers, who a d t or. ed so to act for and in behalf of said Engineer. 0 C) WITNESSETH, that whereas the Owner intends to have professional engineering services performed in connection with general engineering services as well as its waterworks and wastewater systems, paving and drainage facilities, and subdivision regulations, including review of subdivision plats and plans and preparation of engineering reports, permit applications, designs, and construction review, or any other such projects and improvements as may be directed by the Owner. Such work so authorized is hereinafter called "the Project" . NOW, THEREFORE, the Owner and the Engineer, in consideration of the mutual covenants and agreements herein contained, do mutually agree as follows: SECTION I - EMPLOYMENT OF ENGINEER The Owner agrees to employ the Engineer, and the Engineer agrees to perform professional engineering services in connection with the Project as stated in the sections to follow, and for having rendered such services, the Owner agrees to pay to the Engineer compensation as stated in the sections to follow. -1- SECTION II - AUTHORIZATION TO PROCEED A. Unless otherwise authorized by the Owner, as hereinafter provided in Subsection B. below, all work to be performed under this Agreement shall be specified, described and authorized by the Owner and accepted by the Engineer, both in writing, in the form of Work Orders prior to Engineer's commencement of any services. Work Orders shall be serially numbered and dated, shall set forth in reasonable detail a description of, and any limitation upon, the engineering services requested and authorized, and shall show the fee basis, source of funding, invoicing procedures, approximate total amount of engineering fee, and approximate date of completion of all services requested and authorized. Where applicable, and upon request by Owner, Work Orders shall show the projected cost of the construction work for which engineering services are being authorized. B. Engineer shall be authorized to proceed and render all services requested in writing by Owner through its designated representative or representatives with respect to the Project, or any work or services to be performed in connection with the Project, and upon the rendition of any services by Engineer upon such request and authorization, Owner shall be obligated to compensate Engineer for such services. SECTION III - CHARACTER AND EXTENT OF SERVICES The Engineer shall perform professional engineering services with the degree of technical competence demanded by modern engineering standards. The Engineer shall render the following professional services necessary for performing general engineering services or for the development of a Construction Project. A. General Engineering Services 1. Attend weekly staff meetings. 2. Attend City Council meetings, when requested. 3. Perform reviews of subdivision plats and plans prepared by others. -2- 4. Assist in developing and updating a CADD system for use of City staff. 5. Perform other technical duties as directed by the Owner's designated representative. B. Construction Project 1. Preliminary Phase: a. Attend preliminary conferences with the Owner regarding the project. b. Establish the scope of any soil and foundation investigations or any special surveys and tests which, in the opinion of the Engineer, may be required; assist the Owner in arranging for such work to be done, for the Owner's account. c. Perform preliminary engineering studies, and prepare a report, if applicable, in sufficient detail to indicate clearly the problems involved and the alternate solutions available to the Owner, to include preliminary layouts, sketches and cost projections for the Project, and to set forth clearly the Engineer's recommendations. The studies and report will include investigation and analysis of the existing systems, preliminary design and layouts of proposed and future systems and methods of implementation. d. Furnish to the Owner, as the Owner may direct, sufficient copies of the preliminary studies and reports. 2. Design Phase: a. Establish the scope of any soil and foundation investigations or any special surveys and tests which may be required for design, and, upon approval of Owner, arrange for such work to be done. -3- b. Furnish to the Owner, where applicable, the engineering data necessary for applications for the Owner to obtain routine permits required by local, State, and Federal authorities (as distinguished from detailed applications and supporting documents for government grants, planning advances, or permits) . c. Prepare detailed contract drawings and specifications for construction authorized by the Owner. d. Prepare cost projections and bidder's proposal forms for authorized construction. e. Furnish the Owner copies of preliminary plans, specifications, notice to bidders, and bidders' proposals, as requested by the Owner (all preliminary copies requested by the Owner shall be billed for at cost of reproduction plus 10 per cent for handling) . 3 . Construction Phase: a. Advertising and Bidding (1) Assist the Owner in arranging for printing sufficient copies of the contract drawings, specifications and bidding documents. The costs for printing all drawings and documents for bidding purposes, over and above those paid for by construction contractors, shall be paid for by the Owner. (2) Assist the Owner in securing bids, issuing notice to bidders, and notifying construction news publications. The Notice to Bidders will be furnished to the Owner for publication in the local news media. (3) Assist the Owner in the opening, tabulation and analysis of bids, and furnish recommendations on the award of contracts. -4- (4) Assist in the engineering phases of the preparation of formal contract documents for the award of contracts. b. General Review of Construction (1) Meet (Pre-Construction Conference) with the Owner and the contractor to discuss the total work program and schedule, procedures of communication, additional surveys, field testing and inspection, assignment of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this improvement program. (2) Make periodic visits to the site (as distinguished from the continuous day-to-day services of a Resident Project Representative) to observe the progress and quality of the work, and to attempt to determine, in general, if the work is proceeding in accordance with the Contract Documents. (The Resident Project Representative will make day-to-day decisions for compliance by the contractor with the contract documents. ) In performing these services, the Engineer will endeavor to protect the Owner against defects and deficiencies in the work of contractors, but the Engineer will not be required to guarantee the performance of their contracts, nor will he be responsible for the actual supervision of construction operations or safety procedures utilized by the contractors. (3) Consult and advise with the Owner during construction, and, unless otherwise directed by the Owner, issue all instructions to -5- contractors requested by the Owner; and prepare routine change orders, if required. (4) Review shop and working drawings furnished by contractors for general compliance with design concept and with information given in contract documents. (Contractors will be responsible for dimensions to be confirmed and correlated at job site) . (5) Review and recommend actions on laboratory, shop and mill tests of material and equipment. (6) Prepare monthly and final estimates for payment to contractors. (7) Conduct, in company with the Owner's representatives, a final on-site review of the project. SECTION IV - PERIOD OF SERVICE The services described in Section III-A shall be performed in a timely manner and at the direction of the Owner's designated representative. The services called for in Section III-B.-1. (Preliminary Phase) of this Agreement shall be completed and the specified products submitted within the earliest reasonable period following the receipt by the Engineer of notice to proceed. After receipt from the Owner of acceptance of the Preliminary Phase services, indicating any specific modifications or changes in scope desired by the Owner, and upon written authorization from the Owner, the Engineer will proceed with the performance of the services called for in Section III-B.-2. (Design Phase) of this Agreement, so as to deliver completed contract drawings, specifications and projections of cost for all authorized design on the Project within the earliest possible time thereafter. -6- Following authorization by the Owner, the Engineer will proceed with the performance of the services called for in Section III-C.- 3. (Construction Phase) of this Agreement. This agreement shall remain in force for a period which may reasonably be required for performance of general engineering services or for the design, award of contracts and completion of and Construction Project authorized by the Owner, including extra work and any required extensions thereto. The final acceptance by the Owner of each construction contract in the Project shall constitute completion, on the part of the Engineer, and acceptance by the Owner of all services under this contract, insofar as they pertain to that section of the Project. SECTION V - COORDINATION The Engineer shall hold conferences with the Owner, or its representatives, to the end that the Project, as perfected, shall have full benefit of the Owner's experience and knowledge of existing needs and facilities and to be consistent with the Owner's current policies and construction coordination. The Owner shall make available to the Engineer for use in performing general engineering services or in designing and constructing the Project, all existing plans, maps, field notes, statistics, computations and other data in his possession relative to existing facilities and to the Project. SECTION VI - BASIS OF COMPENSATION For and in consideration of the services to be rendered by the Engineer, the Owner shall pay, and the Engineer shall receive, the - fees hereinafter set forth for General Engineering Services or for the Preliminary, Design, and Construction Phases of a Construction Project. -7- "Construction Cost" is defined as the total cost to the Owner for the execution of the work on each construction project, excluding fees or other costs for engineering, legal services, and the cost of land, rights-of-way, legal and administrative expenses, but including the direct cost to the Owner of all construction contracts, items of construction, including labor, materials and equipment, required for the completed work (including extras) , which have been delivered and checked and approved by the Engineer, and the total value at site of Project of all labor, materials and equipment purchased or furnished directly by the Owner for the Project. "Salary Cost" is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc. , for time directly chargeable to the project, plus social security contributions, unemployment excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation and holiday pay applicable thereto. "Subcontract Expense" is that incurred by the Engineer in employment of consultants in specialized fields and outside firms for services in the nature of foundation borings and testing, aerial photography, surveying, and similar services. "Direct Non-Labor Expense" for any assignment is that incurred by the Engineer for supplies, transportation, equipment, travel, communications, subsistence and lodging away from home, and similar incidentals in connection with that assignment. Any sales tax or revenue related tax imposed upon the Engineer after the approval of this Agreement will be passed through to the Owner. A. General Enaineering Services: Payment for services described under Section III-A. above shall be on a monthly billing basis at a per hour rate of salary cost of personnel times a multiplier of 2. 5, with -8- reimbursement for direct non-labor and subcontract expenses at invoice cost plus 10 per cent for handling. The Work Order shall specify the payment basis. B. Construction Project: Payment for services described under Section III-B. above shall be on a monthly billing basis for either a lump sum amount or a per hour rate of salary cost of personnel times a multiplier of 2.5, with reimbursement for direct non-labor and subcontract expenses at invoice cost plus 10 per cent for handling. The Work Order shall specify the payment basis. Partial payments for services performed on a lump sum basis shall be made monthly in proportion to that part of the services in each phase which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment for services authorized and performed in each phase shall be due upon the completion of these services. The compensation for engineering services authorized during the Construction Phase, based on either a lump sum amount or a per hour rate, shall be limited to the time allotted to the Contractor for construction. Compensation for engineering services, as directed by the Owner beyond the stipulated construction time allowance of the contractor, shall be based on the compensation provisions under Additional Services and Charges, Section VI, Part D. Upon completion of all work authorized in the Construction Phase, the Engineer shall be paid the remainder of the charge for this phase, including the adjusted charge for the design of all extra work added to the Project during construction which was designed or specified by the Engineer and approved -9- by the Owner. No reduction shall be made from the fee on account of penalties or liquidated damages or other sums withheld from contractors' payments. Also, no adjustment will be made for any portion of the work which was authorized by the Owner and designed by the Engineer, but not constructed. C. Additional Services and Charges (Not included in Basic Services and Basic Charges described above) : Additional services to be performed by the Engineer, if authorized by the Owner, which are not included in the above described services for General Engineering Services or Construction Projects, and their basis of charges, are described as follows: 1. Additional Services a. Field surveys for general engineering or for preliminary and design, and other field investigations; b. Field layouts, and services of a Resident Project Representative during construction; c. Investigations involving detailed consideration of operation, maintenance and overhead expenses; and the preparation of rate schedules, earning and expense statements, feasibility studies, appraisals, valuations, assessment schedules, and material audits or inventories required for certification of force account construction performed by Owner; d. Making necessary land surveys, establishing boundaries and monuments, and preparing deed, right-of-way and easement descriptions; e. Preparation of applications and supporting documents to assist the Owner in obtaining federal aid programs and State assistance and permits; -10- f. Preparation of any required operation and maintenance manual or environmental impact assessments or statements; or performing operator training; g. Revisions to contract drawings to provide record drawings of completed construction work. Engineer will prepare record drawings from information furnished by the Resident Project Representative or the construction contractor's representative but shall not be required to guarantee the accuracy of the record drawings. 2. Basis of Charges At a per hour rate of personnel salary cost times a multiplier of 2.5, with reimbursement for direct non- labor and subcontract expenses at invoice cost plus 10 per cent for handling, or at an agreed lump sum or per hour rate. E. Interest on Delayed Payments: For any payments, not in dispute, not made within thirty (30) days on statements rendered in accordance with the above provisions, a charge will be made monthly in the amount of one and one-half per cent (1-1/2%) of the unpaid balance beginning thirty (30) days from the date of the statement. F. Services Not Included: The Engineer's services will not include the sampling and testing of materials, such as soils, concrete, reinforcing steel, water and sewage samples, etc. , as this is a service rendered by commercial testing laboratories; however, the Engineer will recommend the type and number of such tests to the Owner and recommend testing agencies to perform this function. The Engineer will assist in planning soil borings, foundation investigations, and samples and tests as may be required and in arranging for such services to be performed on behalf of the Owner. -11- SECTION VII - REVISION TO DRAWINGS AND SPECIFICATIONS The Engineer will make, without expense to the Owner, such revisions of the preliminary drawings as may be required to meet the needs of the Owner, but, after a definite plan has been approved by the Owner, if a decision is subsequently made by the Owner, which its proper execution involves extra services and expenses for changes in, or additions to, the drawings, specifications or other documents, or if the Engineer is put to labor or expense by delays imposed on him from causes not within his control, such as by the delinquency or insolvency of contractors, etc. , the Engineer shall be compensated for such extra services and expenses, which services and expenses are not to be considered as covered by the services and charges described in Sections III and VI above. Compensation for such extra services shall be at a per hour rate of personnel salary cost times a multiplier of 2.5, with reimbursement for direct non-labor and subcontract expenses at invoice cost plus 10 per cent for handling. SECTION VIII - OWNERSHIP OF DOCUMENTS Original documents, plans, designs and survey notes developed in connection with services performed hereunder belong to, and remain the property of, the Owner, in consideration of which it is mutually agreed that the Owner will use them solely in connection with the Project, except as base material for possible future projects. The Engineer may retain reproducible copies of such documents. The Owner shall hold the Engineer harmless from any liability for the reuse of such plans and documents. SECTION IX - TERMINATION Either party to this Agreement may terminate this Agreement at any time by a notice in writing to the other party. Upon receipt of such notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all services in connection with -12- the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement showing in detail the actual services performed under this agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed fee for which the reasonable value (quantum) of the services actually performed under this Agreement bear to the reasonable value of the total services called for under this Agreement, less such payments on account of the fees as have been previously made. Copies of all completed or partially completed designs, plans and specifications prepared under this Agreement shall be delivered to the Owner when and if this Agreement is terminated, but subject to the restrictions as to their use, as set forth above. SECTION X - SUCCESSORS AND ASSIGNMENTS The Owner and the Engineer each binds himself and his successors, executors, administrators and assigns to the other party of this agreement and to the successors, executors, administrators and assigns of such other party, in respect to all covenants of this agreement; except as above, neither the Owner nor the Engineer shall assign, sublet or transfer his interest in this agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agency of the Owner. -13- IN TESTIMONY OF WHICH this instrument has been executed on behalf of the above named Engineer and has been executed on behalf of the Owner in four (4) counterparts each of equal force, on the day and year first above written. CITY OF WYLIE, TEXAS (OWNER) By Title Attest Title THE HOGAN CORPORATION (ENGINEER) By avi Robert E. Ho , 10.E. President Attest 7 Approve _ - - o ,>1/ eieridt IdLedie Attorne, or the/ err -14- City of Wylie AGENDA COMMUNICATION - SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 10/26/93 3 Request for Pool, Play Area, & Accessory Building at Redwood on the Lake Mobile Home Park SUMMARY OF SUBJECT: Lake Ray Hubbard Mobile Home Park has changed hands and is now Redwood on the Lake. The new manager is proposing to provide a pool, basketball court, playground, and maintenance building within the park but mobile home zoning requires approval of an SUP for these requests. P&Z recommended approval of the request subject to (1) provision of a 12 foot fence around the basketball court (2) provision of a 6 foot fence around the playground (3) that all improvements begin within 18 months of Council approval and (4) that all improvements are complete within 24 months of Council approval. An ordinance adopting P&Z's recommendations, P&Z's agenda notes and the site plan drawings are attached. ALTERNATIVES: (1) Approve the ordinance as recommended by P&Z (2) Approve the ordinance with amendments (3) Table the request (4) Deny the request ACTION REQUESTED: Staff does not oppose the request but would like the fences to be a requirement even though they are proposed by the applicant. I. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL ANAGER WYLIE PLANNING AND ZONING COMMISSION October 18, 1993 AGENDA ITEM: Hold Pubic Hearing and Consider Recommending Approval of a Request from Ken Shouse for a Specific Use Permit for Accessory Structures, Swimming Pool, and Play Area at Redwood on the Lake Mobile Home Park SUBMITTED BY: Mary Nichols REQUESTED BY: Ken Shouse BACKGROUND INFORMATION: Enclosed are drawings from Mr. Shouse indicating what he envisions the mobile home park to contain by the time his property management company completes its improvements. This mobile home park was formerly known as "Lake Ray Hubbard" Mobile Home Park. The applicant is requesting a Specific Use Permit for accessory storage buildings, a swimming pool, and play area. If the Commission recommends approval, the applicant needs to know that the pool will be required to meet the fencing, lighting, and setback requirements in the zoning ordinance as well as the standard requirements in the building/plumbing codes. The zoning ordinance also limits accessory buildings to 15 feet in height and will still require a building permit. The applicant is proposing a 12 foot chain link fence around the basketball court and a 6 foot chain link fence around the playground. We would recommend that even though this is a proposal by the applicant, the Commission make it a requirement for approval. Should the manager run short of funds or a new manager take over, we would like to make sure the playground area is fenced due to its proximity to the road and the amount of traffic ultimately anticipated on that road. It also appears that the basketball court may encroach over an underground storm sewer easement. The applicant needs to know that should that easement need to be accessed, there could be non- compensated damage to the court. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, GRANTING A SPECIFIC USE PERMIT FOR A PORTION OF PROPERTY PRESENTLY ZONED MH- MOBILE HOME PARK, GENERALLY LOCATED ON COUNTY LINE ROAD AT ITS ITERSECTION WITH THE ROCKWALL- DALLAS COUNTY LINE, AND COMMONLY KNOWN AS REDWOOD ON THE LAKE(f/k/a LAKE RAY HUBBARD MOBILE HOME PARK), BY ALLOWING THE CERTAIN ACCESSORY STRUCTURES,SWIMMING POOL,AND RECREATION AREA ON SAID PREMISES, PLACING CERTAIN CONDITIONS THEREON; AMENDING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), AND ORDINANCE , AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the zoning of the property herein described was established as "MH" by virtue of Ordinance 85-39 passed and adopted on June 25, 1985; and, WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the Multi-family zoning of the subject property, which it now enjoys; and, WHEREAS, the owners of the property have properly filed a request with the City to obtain a Permit for a Specific use on the premises consisting of a swimming pool, accessory structures, and recreation/play area, all of which are allowable as specific uses in districts zoned MH; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for the specific use permit be granted so long as certain conditions as attendant to such grant, and advised that such intended use is in general conformance with the master plan of the City; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed changed and voted in open meeting to approve the specific use permit in accordance with the .a recommendations of the Planning and Zoning Commission, including without limitation, the recommended conditions; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the property described on the attached Exhibit A (which is fully incorporated herein by reference) by allowing the following described specific use thereon: A. Erection and maintenance of accessory storage buildings, provided that the same shall be limited to 15 feet in height and require a separate building permit for the erection of each such structure. B. Erection and maintenance of a swimming pool on the condition that construction shall be in accordance with fencing, lighting, and setback requirements of the zoning ordinance, as well as the standard requirments in building and plumbing codes, and any other applicable City ordinances or regulations. C. Erection and Maintenance of playground and basketball court on the condition that the basketball court be encircled by a 12 foot chain link fence and the further condition that the playground be encircled by a 6 foot chain link fence. D. All of the above specific uses are granted on the condition that construction of each project is began within 18 months from the date hereof, and thereafter diligently pursued to completion, and in event any of the above are no so commenced and diligently pursued to completion, the special use permit, as to that one not completed shall expire on later of 18 months from date hereof or cessation of construction on the project. SECTION II That the Official Zoning map of the City be amended to indicate that the area effected hereby has conditional and limited uses by suffixed use of "S". SECTION III The specific use herein granted shall be of a permanent nature and perpetual existence, subject only to forfeiture thereof as herein above provided, or further amendment of the Zoning Ordinance. SECTION IV That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance, of the City of Wylie, as amended. SECTION V Any person violating the provisions of this ordinance, or any part hereof, shall be guilty commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION VI Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VII This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VIII That all other ordinances and code provisions in conflict herewith, specifically including without limitation that portion of Ordinance 85-39 which established the zoning as hereinabove referenced, are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this th day of October, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 4 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 10/26/93 4 Public Hearing and Ordinance Amending Zoning Ordinance Regarding Auction Houses SUMMARY OF SUBJECT: There are currently no provisions in the zoning ordinance for an auction house in any -- of the approved zoning categories. The Commission has held a public hearing and is recommending changes per the attachment. The attached ordinance also reflects these recommendations. ALTERNATIVES: (1) Approve the ordinance as recommended by P&Z - (2) Approve the ordinance with amendments (3) Table the request (4) Deny the request ACTION REQUESTED: Staff recommends approval of the ordinance with any changes that Council may deem necessary. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: - SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP. PLAN. SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. LIBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBLIC • BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER WYLIE PLANNING AND ZONING COMMISSION October 18, 1993 AGENDA ITEM: Hold Public Hearing and Consider Amending the Comprehensive Zoning Ordinance to Establish Auction Houses as a Permitted or Specific use in One or More Zoning Categories SUBMITTED BY: Mary Nichols REQUESTED BY: Planning and Zoning Commission BACKGROUND INFORMATION: As the Commission knows, we have had questions arise regarding the appropriate zoning category for auction houses since it is not a listed use in any of our adopted zoning categories. The Council recently adopted a resolution which allows the staff to defer issuing building permits and certificates of occupancy for uses that are in the public hearing process for amendment. We will not be issuing an auction house C.O. until Council makes a finding at their public hearing. At your last meeting, the Commission came to an agreement on a proposed change to reflect the following: Zoning Category Permitted Use Requires Specific Use Permit B-1 Indoor Auction House with No Indoor Auction House with Outside Storage or Livestock Outside Storage B-2 Indoor/Outdoor Auction with No Livestock Industrial Indoor/Outdoor Auction with Livestock Auction Outside Storage Agricultural Livestock Auction At the close of the public hearing, you may recommend these changes or another proposal. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY ADDING A AUCTION HOUSES AS PERMITTED USES, AND AS SPECIFIC USES IN CERTAIN ZONING DISTRICTS, AND BY CHANGING CERTAIN DEFINITIONS THEREIN CONTAINED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has the authority to amend the City's Zoning Ordinance, under section 34.2 thereof; and, WHEREAS, the Planning and Zoning Commission, after first giving all requisite hearings and having all requisite hearings, has made recommendations concerning enactment of the hereinafter specified amendments to the Zoning Ordinance; and, WHEREAS, the City Council has held a public hearing with respect to all of the proposed changes, after first giving all requisite notice thereof; and, WHEREAS, the City Council has determined that the proposed changes are in keeping with the stated policy of the City's Zoning Regulations and are otherwise in the best interest of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1, Chapter 12 of the Wylie City Code by, and the same hereby is, amended as follows: A. That Section 8, "A" Agricultural District be changed by: 1) Add to allowable uses specified in Section 8.0, the use of"Livestock Auction" B. That Section 18, "B-1" Business District Regulation be changed by: 1) Add to allowable uses specified in Section 18.1, the use of "Indoor Action House With No Outside Storage or Livestock" 2) Add to the Specific Uses enumerated in Section 18.1, the use of "Indoor Auction House with Outside Storage" C. That Section 19, "B-2" Business District Regulations be changed by: 1) Add to allowable uses specified in Section 19.1, the use of "Indoor/Outdoor Auction with No Livestock" D. That Section 20, "I" - Industrial District be changes by: 1)Add to the allowable uses specified in Section 20.1,the use of"Indoor/Outdoor Auction with Outside Storage" 2) Add to the Specific Uses enumerated in Section 20.1, the use of "Livestock Auction" SECTION II That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION III Any person violating the provisions of this ordinance, or any part hereof, shall be guilty commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. 2 SECTION VI That all other ordinances and code provisions in conflict herewith, specifically including without limitation that portion of Ordinance 85-80 which established the zoning as hereinabove referenced, are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of October, 1993. By John W. Akin Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 3 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 10/26/93 5 Public Hearing and Ordinance Amending Zoning Ordinance Regarding Bowling Alleys SUMMARY OF SUBJECT: Our current requirements in the Zoning Ordinance for bowling alleys conflict with the requirements for Commercial Amusements. This is an enforcement problem because the definition of commercial amusement specifically defines a bowling alley as being one. The commission has held a hearing on this issue and is recommending changes per the attached. The ordinance proposed also reflects their recommendation. ALTERNATIVES: (1) Approve the ordinance as recommended by P&Z (2) Approve the ordinance with amendments (3) Table the request (4) Deny the request ACTION REQUESTED: ..a Staff recommends approval of the ordinance with any changes that Council may deem necessary. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS 0 ONE-TIME ❑ S CAPITAL ❑ RECURRING 0 OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • - DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL (010/37417 11110 CITY MANAGER WYLIE PLANNING AND ZONING COMMISSION October 18, 1993 AGENDA ITEM: Hold Public Hearing and Consider Amending the Comprehensive Zoning Ordinance to Amend Requirements for Bowling Alleys and Commercial Amusements as they Pertain to Bowling Alleys SUBMITTED BY: Mary Nichols REQUESTED BY: Planning and Zoning Commission BACKGROUND INFORMATION: The commission has, for some time now, been looking at the Commercial Amusement requirements and found inconsistencies in the zoning ordinance between requirements for bowling alleys and commercial amusements. The commission agreed to consider removing"bowling alley" from the Zoning Ordinance as a permitted use since it falls under the commercial amusement requirements. At the close of the public hearing, you may recommend approval of the proposal below that was conceptually agreed upon by the Commission at your last meeting or you may amend the proposal or recommend no change at all. Indoor Comm.Amusement Outdoor Comm.Amusement Retail Zoning Requires Specific Use Permit Requires Specific Use Permit B-1 Zoning Requires Specific Use Permit Requires Specific Use Permit B-2 Zoning Approved Use Requires Specific Use Permit Industrial Zoning Approved Use Requires Specific Use Permit Commercial Amusement Commercial Amusement- 30 30 spaces plus (1) space for Parking spaces plus (1) space for each each (100) square feet of floor (100) square feet of floor area area over (2000) square feet over (2000) square feet Bowling Alleys - same as commercial amusement OR six spaces for each lane whichever is greater ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY CHANGING THE ZONING DISTRICT CLASSIFICATIONS WHERE COMMERCIAL AMUSEMENT USES, INDOOR AND OUTDOOR, ARE ALLOWED AS PERMITTED USES AND SPECIFIC USES; AND FURTHER AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 24 PARKING REQUIRMENTS AND BY CHANGING CERTAIN DEFINITIONS THEREIN CONTAINED; REPEALING ALL CONFLICTING ORDINANCES;CONTAINING A PENALTY CLAUSE;CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has the authority to amend the City's Zoning Ordinance, under section 34.2 thereof; and, WHEREAS, the Planning and Zoning Commission, after first giving all requisite hearings and having all requisite hearings, has made recommendations concerning enactment of the hereinafter specified amendments to the Zoning Ordinance; and, WHEREAS, the City Council has held a public hearing with respect to all of the proposed changes, after first giving all requisite notice thereof; and, WHEREAS, the City Council has determined that the proposed changes are in keeping with the stated policy of the City's Zoning Regulations and are otherwise in the best interest of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1, Chapter 12 of the Wylie City Code by, and the same hereby is, amended as follows: A. That Section 19, "B-2" Business District Regulations be changed by: 1) Add to allowable uses specified in Section 19.1, the use of "Indoor Commercial Amusement", and delete existing subsection "(26) Bowling Alleys" as one of the allowable uses therein. 2) Deleting the existing specific use "3) Commercial Amusement, indoor or outdoor", from Section 19.1 and inserting the following therefore: "3) Outdoor Commercial Amusement" B. That Section 20, "I" - Industrial District be changed by: 1) Add to the allowable uses specified in Section 20.1, the use of "Indoor Commercial Amusement" 2) Deleting the existing specific use "(3) Commercial Amusements, Indoor/Outdoor, from section 20.1, and inserting the following therefore: "(3) Outdoor Commercial Amusement" SECTION II That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1, Chapter 12 of the Wylie City Code by, and the same hereby is, further amended as follows: A. Section 24.3 "Parking Requirments Based on Use" is amended by deleting "(1) Bowling alley: six (6) parking spaces for each alley or lane." and inserting the following in place therefore: "(1) Bowling alley: six parking spaces for each alley or land, or that required for commercial amusement, which ever is greater" B. Section 24.3 "Parking Requirement Based on Use" is further amended by addition of the words "indoor or outdoor" after the words "Commercial amusement" in subsection (6) thereof, so that the said subsection (6) reads as follows: "(6) Commercial amusement- indoor or outdoor : Thirty (30) spaces plus one (1) space for each one hundred (100) square feet of floor area over two thousand (2,000) square feet." SECTION II That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION III Any person violating the provisions of this ordinance, or any part hereof, shall be guilty commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of 2 the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VI That all other ordinances and code provisions in conflict herewith, specifically including without limitation that portion of Ordinance 85-80 which established the zoning as hereinabove referenced, are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in confect herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of October, 1993. By John W. Akin 3 Mayor ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 4 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 10/26/93 6 Public Hearing and Ordinance Amending Zoning Ordinance Regarding Retail/Wholesale Nurseries SUMMARY OF SUBJECT: The Commission felt our the requirements in the Zoning Ordinance for retail and wholesale plant sales were vague and sometimes prohibitive. The current requirements do not allow a greenhouse as an SUP for something like a Calloway's nursery which would be a good transition from retail to residential nor do they allow tn. for plant or tree farms. The Commission had several concerns in this area and is recommending changes per the attached. The ordinance proposed also reflects their recommendation. ALTERNATIVES: (1) Approve the ordinance as recommended by P&Z (2) Approve the ordinance with amendments (3) Table the request (4) Deny the request ACTION REQUESTED: - Staff recommends approval of the ordinance with any changes that Council may deem necessary. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ • S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBUC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER WYLIE PLANNING AND ZONING COMMISSION October 18, 1993 AGENDA ITEM: Hold Public Hearing and Consider Amending the Comprehensive Zoning Ordinance as it Pertains to Retail and Wholesale Plant Farms and Nurseries SUBMITTED BY: Mary Nichols REQUESTED BY: Planning and Zoning Commission BACKGROUND INFORMATION: The commission quickly came to agreement at your last meeting on the amendments to be proposed with regard to plant farms and nurseries. Our current requirements are very restrictive and do not really allow greenhouse/nursery combination to act as a buffer to blend residential and retail properties. Below is the recommendation that the Commission agreed to. You may recommend approval of this proposal, some variation thereof, or no change at all. Current Requirements Proposed Requirements Allowed Use Requires SUP Allowed Use Requires SUP Retail Garden Shop and Retail Garden Shop Greenhouse as Plant Sales Inside and Plant Sales an Accessory to In Completely Garden Shop -,.. Enclosed Building B-1 Garden Shop and Outside Plant B-1 Garden Shop Garden Shop Plant Sales Inside Sales Retail and Plant Sales with Outside Only In Completely Storage and Enclosed Greenhouse as Building an Accessory to a Garden Shop B-2 Plant Nursery or B-2 Garden Shop Greenhouse with Outside Storage and Greenhouse as an Accessory to a Garden Shop Ag Greenhouse, Ag Retail or Green Nursery, Wholesale Plant and General Sales with Gardening Outside Activities Storage, Plant Farms, Greenhouses and Gardening Activities ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING CHAPTER 12 OF THE WYLIE CITY CODE BY MAKING CERTAIN CHANGES TO THE EXISTING ZONING ORDINANCE, AS CODIFIED IN SECTION 1 OF CHAPTER 12, BY CHANGING THE CLASSIFICATION IN WHICH GARDEN SHOPS, PLANT NURSERIES, GREENHOUSE, GREEN NURSERIES, AND GENERAL GARDENING ACTIVITIES,ARE ALLOWABLE USES AND SPECIFIC USES; AND BY CHANGING CERTAIN DEFINITIONS THEREIN CONTAINED;REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council has the authority to amend the City's Zoning Ordinance, under section 34.2 thereof; and, WHEREAS, the Planning and Zoning Commission, after first giving all requisite hearings and having all requisite hearings, has made recommendations concerning enactment of the hereinafter specified amendments to the Zoning Ordinance; and, WHEREAS, the City Council has held a public hearing with respect to all of the proposed changes, after first giving all requisite notice thereof; and, WHEREAS, the City Council has determined that the proposed changes are in keeping with the stated policy of the City's Zoning Regulations and are otherwise in the best interest of the community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Zoning Ordinance of the City of Wylie, as set forth in Exhibit A to Section 1, Chapter 12 of the Wylie City Code by, and the same hereby is, amended as follows: A. That Section 8, "A" Agricultural District be changed by deleting existing subsection "(7) Greenhouse, green nursery and general gardening activities" and substituting the following therefore: "(7) Retail or Wholesale Plant Sales with Outside Storage, Plant Farms, Green houses, and Gardening Activities" B. That Section 17 "R" Retail District Regulations be changed by: 1) Add to allowable uses specified in Section 17.1, the use of "Garden Shop and Plant Sales in Completely Enclosed Building" in place of existing subsection (9) "Garden shop and plant sales, inside." 2) Add to the Specific Uses enumerated in Section 17.1, the use of "Greenhouse as an Accessory to Garden Shop" C. That Section 18, "B-1" Business District Regulations be changed by: 1) Add to allowable uses specified in Section 18.1, the use of "Garden Shop and Plant Sales in Completely Enclosed Building" 2) Add to the Specific Uses enumerated in section 18.1, the use of"Garden Shop with Outside Storage and Greenhouse as an Accessory to a Garden Shop" D. That Section 19, "B-2" Business District Regulations be changed by: 1) Add to allowable uses specified in Section 19.1, the use of "Garden Shop with Outside Storage and Greenhouse as an Accessory to a Garden Shop", in place of the existing subsection "(5) Plant nursery or greenhouse". E. That Section 20, "I" - Industrial District be changes by: 1)Add to the allowable uses specified in Section 20.1, the use of"Indoor/Outdoor Auction with Outside Storage" 2) Add to the Specific Uses enumerated in Section 20.1, the use of "Livestock Auction" SECTION II That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION III Any person violating the provisions of this ordinance, or any part hereof, shall be guilty commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. 2 SECTION IV Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION V This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VI That all other ordinances and code provisions in conflict herewith, specifically including without limitation that portion of Ordinance 85-80 which established the zoning as hereinabove referenced, are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of October, 1993. By John W. Akin Mayor 3 ATTEST: Mary Nichols City Secretary Approved: Steven P. Deiter City Attorney 4 City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 10/26/93 7 Public Hearing and Regarding Amendment to Zoning Ordinance Re: Uses in Ag District SUMMARY OF SUBJECT: The Commission has been reviewing the approved and specific uses in the Agricultural zoning category for several weeks. They have agreed to recommend several changes but want to see it in final form before they make a recommendation to Council. Council can hold the public hearing and receive public comment but you may want to table action pending a recommendation from the Commission. ALTERNATIVES: (1) Hold Hearing and Table Action (2) Continue Public Hearing Until Next Meeting ACTION REQUESTED: REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: S PERSONNEL ❑ OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME 0 S CAPITAL 0 RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP. PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL I REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY PUBLIC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL ;#1/01/4/ ,. ‘11% ITY MANAGER City of Wylie AGENDA COMMUNICATION SUBMITTED BY: City Secretary DIRECTOR: Mary Nichols DATE REFERENCE NO. SUBJECT 10/26/93 g Replat of Lots 19, 20, and 21 , Block A, Rush Creek Estates SUMMARY OF SUBJECT: _W G The Commission has been reviewed the replat requested by Harry Tibbals which combines three lots into two larger lots. As Council will notice, when the lots are replatted, a TU easement will come up the middle of the new Lot 19-A. The Commission recommended approval provided the applicant arranges with TU to abandon the existing easement and relocate it to the side of the property. The Commission was concerned that the easement would prevent installation of a pool, would inhibit landscaping, and would - be dangerous if playground equipment were located nearby in the back yard. The applicant is working with TU to have the easement relocated. ALTERNATIVES: (1) Approve Replat (2) Table Replat Pending Relocation of the Easement (3) Deny Replat ACTION REQUESTED: . Staff accepts P&Z's recommendation that the replat be approved subject to relocation of the easement. REVENUE SOURCES: EXPENDITURE ACCOUNTS: BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ OVER/UNDER PROJECTIONS BY: PERSONNEL ❑ OPERATIONS ❑ ONE-TIME ❑ S CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: USER DEPARTMENT COMMENTS: SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYUE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR. OF PLANNING/ENG. UBRARY DIRECTOR POLICE CHIEF CITY ATTORNEY • PUBUC WORKS SUPR. FIRE CHIEF • • DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER ARCHIE KREYMER UNPLATTED NORTi N 97.6 89'05'53" E — 195.36' _ 8 �132.56'� 97.68' I I —`� 1 ---- — — --—— --- 2a LITILITf o DRAINAGE ESMT-———_poi t Ir_ ——— -- — — eI 1 I5' 15' r �I /J O �= �I 1-1 W W rei I— w = J 10 N N 4 in ci: 17 18 W I 19 a 'i n 20 21 22 23 a I F oN rn 3 RUSH CREEK :STATES N LOT 1•-A z LOT 20-A IN RUSH CREE ESTATE`. PHASE I M M PHA'E II NI N O 0 ZI 25' B.L. IN 97.50' _ 97.50' N 87'26'37" W 195.00' POINT OF BEGINNING b RUSH CREEK DRIVE ID w 0 p 0 _ w 19 20 21 22CC , RUSH CREEK ESTATES CC PHASE II w Q Z a_ 'RECOMMENDED FOR APPROVAL" Chairman, Planning and Zoning Commission Dote ,. City of Wylie, Texas APPROVED AND ACCEPTED Mayor, City of Wylie, Texas Date pr APPROVED FOR CONSTRUCTION Mayor, City of Wylie, Texas Date The undersigned, the City Secretary of the City of Wylie, Texas hereby certifies that the foregoing final 113 plot of "A REPLAT OF LOTS 19. 20 AND 21. BLOCK A OF RUSH CREEK ESTATES, PHASE Il", an addition to the City of Wylie was submitted to the City Council on the day of 1993. and the Council, by formai action, then and there accepted the dedication of streets, alleys, parks, easements, public places, and water and sewer lines, as shown and set forth in and upon said plat, and said Council further authorized the Mayor to note the acceptance thereof by signing his name VI( as hereinabove subscribed. _ Witness my hand this day of , 1993. City of Wylie AGENDA COMMUNICATION SUBMITTED BY: CITY MANAGER DIRECTOR: STEVE NORWOOD DATE REFERENCE NO. SUBJECT 10/26/93 HEALTH INSURANCE SUMMARY OF SUBJECT: Currently, the City of Wylie has health insurance coverage for it's employees with the CIGNA Insurance Company. CIGNA's contract expires December 1, 1993. The city opted to request for proposals for health insurance coverage. CIGNA chose not to submit a proposal. The city received approximately twenty proposals from eight different companies. We have narrowed the proposals down and have selected three choices. All of them will provide good quality care at an affordable price to both the city and it's employees. ALTERNATIVES: There are no alternatives at this time. ACTION REQUESTED: No action is required. This is to discuss our health insurance and give council forewarning as to the plans currently being reviewed and receive council's comments prior to any selections being made. Council will take action on this item at the November 9, 1993 council meeting. - REVENUE SOURCES: EXPENDITURE ACCOUNTS: N/A General and Utility Funds BUDGETED FISCAL YEAR(s): ESTIMATED EXPENDITURE: $ $185.000 PERSONNEL ❑ • OVER/UNDER PROJECTIONS BY: OPERATIONS ❑ ONE-TIME ❑ $ CAPITAL ❑ RECURRING ❑ OTHER COMMENTS: The City budgeted $185,000 in USER DEPARTMENT COMMENTS: the FY 93-94 budget and all three proposals are within our budget figure. SUPPORTING DOCUMENTS: BACKGROUND MEMO MINUTES LETTER C.I.P. ORDINANCE/RESOLUTION OTHER BUDGET WYLIE CODE OTHER MAP, PLAN, SKETCH BID TAB/SPECS OTHER MINUTES LEGAL REVIEWED BY: - CITY MANAGER DIRECTOR OF PARKS/REC. CITY SECRETARY DIRECTOR OF FINANCE DIR.OF PLANNING/ENG. LIBRARY DIRECTOR POUCE CHIEF CITY ATTORNEY PUBUC WORKS SUPR. FIRE CHIEF DIRECTOR OF PUBLIC BUILDING OFFICIAL WORKS APPROVED FOR SUBMISSION TO CITY COUNCIL CITY MANAGER