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11-13-2001 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, November 13, 2001 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room ACTION TAKEN 2000 State Highway 78 North Wylie, Texas 75098 riktitT '-0 ..g ::. ..:... • PROCLAMATION DECLARING THE MONTH OF NO VEMBER AS"DEAR" (DROP EVERYTHING AND READ) MONTH. •PRESENTATION TO THE WYLIE FIRE DEPARTMENT FROM THE SACHSE VETERIAN HOSPITAL. (•'REACH FOR A STAR KICK OFF .....:.... �.: . ::::t0 ::::::::.:_:. ;;;;::::::::::.::::::::::::.::::::::::.::::c , s44ikIs: ..;:that:. A. APPROVAL OF THE MINUTES FROM THE REGULAR MEETING OF OCTOBER 23,2001. B. CONSIDER AND ACT UPON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CHANGING AUTHORIZED REPRESENTATIVES FOR THE LOCAL GOVERNMENT INVESTMENT COOPERATIVE(LOGIC) C. CONSIDER AND ACT UPON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,CHANGING AUTHORIZED REPRESENTATIVES FOR THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL(TEXPOOL). D. CONSIDER AND ACT UPON FINAL PAYMENT TO JDC CONSTRUCTION IN THE AMOUNT OF $18,755 FOR COMPLETION OF THE ANIMAL SHELTER. 1. CONSIDER AND AT UPON APPROVAL OF FINAL ACCEPTANCE OF THE HILLTOP ALLEY PAVING AND SEWER IMPROVEMENTS, AND AUTHORIZE FINAL PAYMENT TO JDJ CONSTRUCTION COMPANY, IN THE AMOUNT OF $9,574.10 AND ACCEPT THE PROJECT AS COMPLETE. EXECUTIVE SUMMARY On April 25,2000 the Wylie City Council awarded a construction contract to JDJ Construction Co. for replacement of an 8"sewer line and concrete reconstruction of the alley between Hilltop and Briarwood. The project included the installation of approximately 1,200 feet of 8"sewer line and the installation of approximately 1,600 square yards of 6-inch reinforced concrete pavement. Walk through was performed May 14,2001 and the contractor has addressed all of the items identified. See attachments from the property owners stating their satisfaction with the repairs made to the damaged fences. Acceptance will initiate the one-year warranty period which the contractor is liable for any repairs that may be required,beginning on the date of final acceptance by the City. PAGE 1 OF 4 ACTION TAKEN 2. CONSIDER AND ACT UPON AUTHORIZING THE CITY MANAGER TO EXECUTE AND AWARD A CONTRACT TO BUCHER, WILLIS& RATLIFF, CORP., IN THE AMOUNT OF $106,560.00 FOR ENGINEERING SERVICES RELATED TO THE DESIGN OF UTILITY RELOCATIONS ALONG SH 78 FROM FM 544 TO EUBANKS LN. EXECUTIVE SUMMARY TxDOT has submitted plans for utility relocations for the reconstruction of SH 78 from FM 544 to Eubanks Ln. Site Concrete was awarded the bid with construction to begin April 1,2002. Staff and the consultants have identified lines in conflict with the improvements as well as recommend replacement of existing lines due to age and condition. The relocations include approximately 2,700 linear feet of 8- inch water line,3,300 linear feet of 12-inch water line,2,000 linear feet of 8-inch sewer line, 900 linear feet of 10-inch sewer line, and related appurtenances. The projected cost along SH 78 is $829,700, which includes a 20% construction contingency. The 1999 Water and Sewer Revenue Bonds included $500,000 for miscellaneous utility relocations and replacements of which approximately $100,000 is available for this project. Staff recommends authorizing the City Manager to execute and award a contract to Bucher,Willis&Ratliff,Corp. RESOLUTIONS&ORDINANCES 3. CONSIDER AND ACT UPON A RESOLUTION CASTING BALLOTS FOR THE BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY,TEXAS. EXECUTIVE SUMMARY The City of Wylie has 28 votes that they may cast for the Board of Directors of the Central Appraisal District for 2002 through 2004. All votes may be cast for one candidate or distributed among any number of the nominees. Attachments include a list of nominations submitted by cities and school districts within Collin County. The vote must be submitted to the Chief Appraiser before November 15, 2001. PLANNING ITEMS 4. CONSIDER AND ACT UPON A PRELIMINARY PLAT FOR THE PHEASANT CREEK ADDITION, BEING ALL OF A CERTAIN 89.122 ACRE TRACT OF LAND, SITUATED IN THE N. ATTERBERRY SURVEY, ABSTRACT No. 1099 IN COLLIN COUNTY, THE N. ATTERBERRY SURVEY, ABSTRACT No.6 IN ROCKWALL COUNTY,AND THE L.B.OUTLAW SURVEY, ABSTRACT No. 173 IN ROCKWALL COUNTY, TEXAS, AND BEING ALL OF A CALLED 117.149 ACRE CONVEYED TO LEO WIMAN AS RECORDED IN VOLUME 3166, PAGE 632 OF THE DEED RECORDS OF ROCKWALL COUNTY,TEXAS. EXECUTIVE SUMMARY Preliminary Plat includes 89.122 acres creating 292 lots. Currently zoned SF-3 allowing minimum lot size of 7,200 square feet. A waiver of the alleys backing on to the floodway is made a condition of the Plat as submitted. At the October meeting of the Planning & Zoning Commission, the voted to recommend approval with the following stipulations. 1) wrought iron fencing on lots adjacent to the park; 2) landscape screening along Vinson Road — wood w/masonry colums and 3) waiver of alley adjacent to the park. Staff is also recommending approval as submitted including the waiver of alleys serving lots 40-69 as well as 80 and 81 of Block A. 5. CONSIDER AND ACT UPON A PRELIMINARY PLAT FOR THE SOUTHPLACE ESTATES PHASE IV ADDITION,GENERALLY LOCATED EAST OF SOUTH BALLARD AVENUE(F.M.2514)AND THE SOUTHPLACE ESTATES PHASE I AND II ADDITIONS AND SOUTH OF STONE ROAD(F.M.544) AND THE WYLIE INDEPENDENT SCHOOL DISTRICT COMPLEX, BEING ALL OF A CERTAIN 8.674 ACRE TRACT OF LAND, SITUATED IN THE ALLEN ATTERBERRY SURVEY, ABSTRACT No. 23,CITY OF WYLIE, COLLIN COUNTY,TEXAS. EXECUTIVE SUMMARY Plat includes 8.674 acres and will create 29 lots. Currently zoned SF-2,allowing minimum lot size of 8, 500 square feet. At the November 6,2001 Planning& Zoning Meeting,the Commission voted 7-0 to recommend approval. Staff is also recommending approval. PAGE 2 OF 4 ACTION TAKEN 6. HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON A CHANGE IN ZONING FROM AGRICULTURE (A) TO PLANNED DEVELOPMENT (PD) FOR SINGLE-FAMILY RESIDENTIAL AND VILLAGE CENTER MIXED USES, FOR A 470.00 ACRE TRACT OF LAND, BEING PART OF THOSE CERTAIN TRACTS CONVEYED TO JOANNE VENDERWEELE, SUCCESSOR INDEPENDENT ADMINISTRATRIX, AS DESCRIBED IN EXECUTOR'S DEED AS RECORDED IN THE COLLIN COUNTY CLERK'S FILE No. 95-0005773 AND BEING PART OF THOSE CERTAIN TRACTS DESCRIBED IN THE DEED TO GEORGE S. RICHARDS AS RECORDED IN VOLUME 775, PAGE 55 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, AND BEING ALL OF A CALLED 1.00 ACRE TRACT DESCRIBED IN THE DEED TO F.D. FEAGIN ET UX, OF RECORD IN VOLUME 914,PAGE 697, OF SAID DEED RECORDS, AND ALSO BEING ALL OF TRACT 2 AND PART OF TRACTS 1 AND 4 DESCRIBED IN THE DEED TO JIMMIE JANE FEAGIN RECORDED IN VOLUME 775,PAGE 58, OF SAID DEED RECORDS,AND BEING PART OF A CALLED 2.10 ACRE TRACT DESCRIBED IN THE DEED TO F.D. FEAGIN ET UX RECORDED IN VOLUME 757, PAGE 824 OF SAID DEED RECORDS, AND BEING ALL OF THAT CERTAIN TRACT DESCRIBED IN THE DEED TO EDWIN COLLINS COOK AS RECORDED IN THE COLLIN COUNTY CLERK'S FILE No. 93-0039237, AND BEING ALL OF THAT CALLED 69.25 ACRE TRACT DESCRIBED IN THE QUICKCLAIM DEED TO SILAS M. HART AND CHARLENE H. HART DESCRIBED IN THE COLLIN COUNTY CLERK'S FILE No. 96-0091287, AND BEING SITUATED IN THE J.G. JOUETT SURVEY, ABSTRACT No. 475, THE ALLEN ATTERBERRY SURVEY, ABSTRACT No. 23, AND THE AARON WEST SURVEY, ABSTRACT No. 979, CITY OF WYLIE, COLLIN COUNTY,TEXAS.(ZONING CASE No. 2001-13) EXECUTIVE SUMMARY The applicant is requesting rezoning of the subject 470 acres in order to permit a master planned multi- use community comprising of single-family residential neighborhoods of varied densities, multifamily residential apartments,retail uses and private open spaces. The proposal is intended to create a Village Center community as defined by the Comp Plan and through such comprehensive planning and coordinated design,better address several development constraints of the property. This item was tabled at the October 16,2001 P&Z meeting, when the Commission elected to continue the Public Hearing on November 6,2001 due to certain issues of the original proposal. A Special Work Session was conducted on October 29, 2001 and this Agenda Report and attached Conditions of Development reflect the applicant's modifications in response to concerns raised at these earlier meetings. At the November 6,2001 Planning and Zoning Commission meeting,the Board voted 4-3 to recommend approval of the proposed zoning change. Decenting votes expressed concern for the smaller lot sizes. Staff is recommending approval. 7. HOLD A PUBLIC HEARING TO CONSIDER AND ACT UPON CERTAIN PROPOSED REVISIONS TO THE COMPREHENSIVE ZONING ORDINANCE AND OFFICIAL ZONING MAP OF THE CITY OF WYLIE, IN COMPLIANCE WITH SECTION 211.006 OF THE TEXAS LOCAL GOVERNMENT CODE. EXECUTIVE SUMMARY Legislation requires that zoning regulations must be adopted in accordance with a comprehensive plan. A revised Comprehensive Master Plan was adopted in July of 1999,recommending certain changes in pattern and character of local development. These changes guided the 2000 revision of the residential regulations of the Zoning Ordinance & support the currently proposed revision of non-residential regulations. Public notification of these proposed revisions to the Zoning Ordinance has been made in the time and manner required by State law. Notice of the public hearing was published in The Wylie News and mailed to all property owners within the City of Wylie. Four(4)Public Comment Forms have been returned at the time of this posting. At the October 16, 2001 Planning & Zoning Commission meeting, the Board voted 7-0 to recommend approval of the proposed revisions to the Comprehensive Zoning Ordinance and Official Zoning Map of the City of Wylie PAGE 3 OF 4 ACTION TAKEN A Discussion related to the zoning ordinance and zoning map. In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated(Open Meeting Act),Section 551. l r ,x :. Jesse Espinoza v. City of Wylie and Lanny Payne v. City of Wylie. Take any action as a result of the Executive Session. In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this day of ,2001 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at WWW lie.tx.u s City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442- 8100 or TD 972/442-8170. Page 4 of 4 MINUTES Wylie City Council Tuesday, October 23, 2001 • Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North Council Present: Mayor John Mondy. Councilman Joel Scott, Councilman Eric Hogue, Councilman Merrill Young. Councilman J.C. Worley and Councilman Chris Trout. Councilwoman Reta Allen was absent. Staff Present: Anthony Johnson. Cite Manager: Mindy Manson, Assistant City Manager, Brady Snellgrove, Finance Director: Chris Hoisted, City Engineer and Barbara Salinas,City Secretary. APVI ...........::::::::..::::...::::........ Councilman Joel Scott was asked to give the Invocation and Councilman Hogue was asked to lead the Pledge of Allegiance. CONSE.NTiiiNOtNDAMM::.iMOO:1:A;W:ggiaMiga.:;-;igNinidgiNignidiNENEUME.§MiSMOME A. APPROVAL OF THE MINUTES FROM THE OCTOBER 9,2001 REGULAR MEETING. Councilman Scott made a motion to approve the minutes from the October 9, 2001 regular meeting. Councilman Hogue seconded the motion. A vote was taken and the motion was approved, 6-0. Councilwoman Allen was absent. The Mayor then moved to Citizens Participation. ............................... OtfiZENPAR1' C1PATI©l� Ms.Jodie Laubenberg Ms. Laubenberg was present to provide information on the proposed Outdoor Education Center for Collin County. Ms. Laubenberg provided a handout that detailed the proposed project including, location,benefits, county needs, operations and finding. 'T ��F�31�tNl� �l�>�T�klr t��1 ©EET�fl � #�� >::>:<>::::;.:::;::•::.::«::.�:::.:::>:,:. 1. CONSIDER AND ACT UPON A FINAL PLAT FOR THE CIMARRON ESTATES PHASE II ADDITION, BEING ALL OF A CERTAIN 58.8922 ACRE TRACT OF LAND, BEING PART OF A TRACT CONVEYED TO WYLIE HIGHWAY'78 SOUTH JOINT VENTURE ACCORDING TO A DEED RECORDED IN VOLUME 2869,PAGE 628 OF THE DEED RECORDS OF COLLIN COUNTY,TEXAS,BEING SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT No. 688,CITY OF WYLIE,COLLIN COUNTY,TEXAS. Mr. Claude Thompson addressed this item providing Council with a brief background on the request. Mr. Thompson stated that the Final Plat includes 58.8922 acres and will create 213 lots. Currently zoned SF-2, requiring minimum lot size of 8,500 square feet. Plat also includes dedication of additional right of way for the widening of Brown Street & completes the relocation of the old SH78 and the new Anson Parkway. The Preliminary Plat for the overall Cimarron Estates Addition was approved by the City Council in January of 2001. A Preliminary Plat for Phase I of the Addition was approved for initiation of construction by the Council on May 1. 2001. ;Minutes of October 23,2001 Wylie City Council Page 1 Mr. Thompson stated that Section 2.9 of the Paving Standards states that "Alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." Alleys are provided throughout the proposed addition. except for those lots on the south which back on to Brown Street, those on the north which back on to the business-zoned properties fronting new State Highway 78, and those on the east which back on to the adjoining undeveloped property which is within unincorporated Collin County and not subject to City of Wylie Regulations. Approval of the Plat as submitted will constitute a waiver of the required alleys at these locations. Mr. Thompson stated that the required screening will be located on the private lots and that in order to provide a unified screen along the perimeter of the subdivision, the applicant has agreed to construct masonry columns at the front/side building lines of lots siding on to Anson Parkway so that individual residential fences may be affixed to these, and to connect the columns across the cul-de-sacs with wrought iron fencing. The applicant has also agreed to install a wood fence along Brown. Approval of the Plat as submitted will constitute agreement that the required screening be provided as described above. Mr. Thompson stated that at the October 2. 2001 meeting of the Planning and Zoning Commission, the Commission recommended approval. Staff is also recommending approval as submitted including as conditions the waiver of alleys serving Lots 1 through 34 and 57 through 65 of Block A, Lots 1 through 20 of Block E and Lots 35 through 40 of Block J: provision of wood screen fence along Brown; masonry columns and wrought iron fencing at the cul-de-sacs abutting Anson Parka. Councilman Worley made a motion to approve the Final Plat for the Cimarron Estates Phase II Addition,being all of a certain 58.8922 acre tract of land. being part of a tract conveyed to Wylie Highway 78 South Joint Venture according to a deed recorded in Volume 2869. Page 628 of the Deed Records of Collin County, Texas, being situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas, including as conditions the waiver of alleys serving Lots 1 through 34 and 57 through 65 of Block A, Lots 1 through 20 of Block E and Lots 35 through 40 of Block J: provision of wood screen fence along Brown; masonry columns and wrought iron fencing at the cul-de-sacs abutting Anson Parkway. Councilman Scott seconded the motion. A vote was taken and the motion was approved. 6-0. Councilwoman Allen was absent. 2. CONSIDI'.R AND A("I' UPON A FINAL PLAT FOR THE WYLIE UNITED METHODIST CHURCH ADDITION, BEIN(. AL1, OF A CERTAIN 15.011 At.RE TRA("T DESCRIBED iN A DEED TO THE WYLIE UNITED .METiODIST Clit'R('H RE('ORDED IN VOLUME 7386,PAGE 2560 OF THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, BEING SITUATED IN THE WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716,CITY OF WYLIE, COLLIN COUNTY,TEXAS. Mr. Claude Thompson addressed this item providing Council with a brief background on the request. He stated that the Final Plat will create a single 15.00-acre lot for church related uses. The property was rezoned from Agriculture (A) to Planned Development (PD 01-07) District, including adoption of a Conceptual Development Plan. by the City Council on June 12. 2001. A Preliminary Plat was approved by the Council on September 11, 2001. The PD Conditions tie the development to the setback requirements of the SF-10 District, and the Plat accordingly provides for a building setback of 25 feet. The Plat also dedicates additional rights-of-way for future widening and improvements to Country Club and McMillen Roads. Mr. Thompson stated that both the Planning and Zoning Commission and Staff are recommending approval. Councilman Scott made a motion to approve the Final Plat for the Wylie United Methodist Church Addition,being all of a certain 15.00 acre tract described in a deed to the Wylie United Methodist Church recorded in Volume 7386, Page 2560 of the Real Property Records of Collin County, Texas, being situated in the William Patterson Survey. Abstract No. 716. City of Wylie, Collin County, Texas. Councilman Worley seconded the motion. A vote was taken and the motion was approved. 6-0. Councilwoman Allen was absent. The Mayor then called for a five-minute recess before convening into the scheduled Work Session. Minutes of October 23,2001 Wylie(ity Council PaI;e.2 UPDATE ON THE AI ANIS AL,ICNNIENT. Mr. Chris Hoisted, City Engineer was present to provide Council with an update of the proposed Alanis alignment. Mr. Hoisted presented a map of Alanis and described the alignment options. depending on future decision regarding the Frey house. Mr. Hoisted estimated a cost of$150,000 to go around the structure as opposed to going through. if it were moved. Costs to move the house were estimated at$30,000. There was some discussion regarding the historical designation of the house as\yeli as access to the house with alternate alignment, should the house remain. It was determined that staff will need to negotiate with the owners of the Frey property to determine the future of the house and proposed alignment, and it was advisable to proceed with the three-lane design. ADJ U a R NT NME With no further business to come before the Council. the meeting was adjourned at 7:30 p.m. John Mondy,Mayor ATTEST: Barbara A Salinas, City Secretary Minutes of October 23,2001 Wylie City Council Page 3 WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. B November 13, 2001 Issue Consider and act upon a resolution of the City Council of the City of Wylie, Texas, changing authorized representatives for the Local Government Investment Cooperative (LOGIC) Background LOGIC is organized pursuant to the Texas Interlocal Cooperation Act and the Texas Public Funds Investment Act as a local government pool. The participants include cities, counties, school districts, higher education districts, and utility districts from across the State of Texas. The pool is operated like a money market fiind in which interest is earned daily and paid on a monthly basis. Changes to the staff have made is necessary for the City to complete a resolution amending authorized representatives. This resolution will revise the list of individuals authorized to complete transactions between the City and LOGIC. The authorized representatives in the new resolution will be the City Manager, Anthony BiffJohnson, the Assistant City Manager, Mindy Manson, and the Finance Director, Brady Snellgrove. Financial Considerations N/A Other Considerations The attached LOGIC resolution complies with the Public Funds Investment Act of the Texas Government Code and the City's Investment Policy. Staff Recommendation It is recommended that the City Council approve this resolution amending the authorized representatives for LOGIC. Attachments Resolution Po-rv4Ytgt:---? Prepared by Review y Finance City Manag proval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CHANGING AUTHORIZED REPRESENTATIVES FOR THE LOCAL GOVERNMENT INVESTMENT COOPERATIVE (LOGIC) WHEREAS, the City of Wylie ("Government Entity") by authority of that certain Local Government Investment Cooperative Resolution No 95-5 ("Resolution") has entered into that certain Interlocal Agreement ("Agreement") and has become a participant in the public funds investment pool created thereunder and known as the Local Government Investment Cooperative (LOGIC); and WHEREAS, the resolution designated one or more "Authorized Representatives" within the meaning of the Agreement; and WHEREAS, the Government Entity now wishes to update and designate the following persons as the "Authorized Representatives" within the meaning of the Agreement; NOW THEREFORE, BE IS RESOLVED, by the City Council of the City of Wylie, Texas, that The following officers, officials or employees of the Government Entity are hereby designated as "Authorized Representatives" within the meaning of the Agreement, with full power and authority to deposit money to and withdraw money from the Government Entity's LOGIC account or accounts from time to time in accordance with the Agreement and the Information Statement describing the Agreement and to take all other actions deemed necessary or appropriate for the investment of funds of the Government Entity in LOGIC. Anthony Johnson, City Manager 972-442-8121 Mindy Manson, Assistant City Manager 972-442-8124 Brady E. Snellgrove, Finance Director 972-442-8141 The foregoing supersedes and replaces the Government Entity's previous designation of officers, officials or employees of the Government Entity as Authorized Representatives under the Agreement pursuant to paragraph 4 of the Resolution. Except as hereby modified, the Resolution shall remain in full force and effect. Duly passed and approved by the City Council of the City of Wylie, Texas on this the 13`h day of November 2001. NAME OF PARTICIPANT CITY OF WYLIE John Mondy, Mayor ATTEST Barbara Salinas, City Secretary • WYLIE CITY COUNCIL CONSENT AGENDA ITEM NO. C November 13, 2001 Issue Consider and act upon a resolution of the City Council of the City of Wylie, Texas, changing authorized • representatives for the Texas Local Government Investment Pool (Texpool). Background Texpool is a state managed investment pool created for the benefit of cities, school districts, and other political subdivisions. Participants include cities, counties, school districts, higher education districts, utility districts, and health care districts. The pool is operated like a money market fund in which interest is earned on a daily basis and paid on a monthly basis. Changes to the staff have made is necessary for the City to complete a resolution amending authorized representatives. This resolution will revise the list of individuals authorized to make deposits and transfers between the City and Texpool. The authorized representatives in the new resolution will be the City Manager, Anthony Biff Johnson, the Assistant City Manager, Mindy Manson, and the Finance Director, Brady Snellgrove. The Assistant Finance Director, Ron Hutchison, will have the ability, only, to make inquiries concerning the Texpool accounts. Financial Considerations N/A Other Considerations The attached Texpool resolution complies with the Public Funds Investment Act of the Texas Government Code and the City's Investment Policy. Staff Recommendation • It is recommended that the City Council approve this resolution amending the authorized representatives for Texpool. Attachments Resolution Prepared by Revie by Finance City M royal�^' RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CHANGING AUTHORIZED REPRESENTATIVES FOR TEXPOOL (TEXAS LOCAL GOVERNMENT INVESTMENT COOPERATIVE) WHEREAS, the City of Wylie ("Participant") is a local government of the State of Texas and is empowered to delegate to a public funds investment pool the authority to invest funds and to act as custodian of investments purchased with local investments funds, and WHEREAS, it is in the best interest of the participant to invest local funds in investments that provide for the preservation and safety of principal, liquidity, and yield consistent with the Public Funds Investment Act, and WHEREAS, the Texas Local Government Investment Pool ("Texpool"), a public funds investment pool, was created on behalf of entities whose investment objectives, in order of priority, are preservation and safety of principal, liquidity and yield consistent with the Public Funds Investment Act; NOW THEREFORE, BE IS RESOLVED, by the City Council of the City of Wylie, Texas, that The individuals whose signatures appear in the Resolution are Authorized Representatives of the Participant and are each hereby authorized to transmit funds for investment in Texpool and are each further authorized to withdraw funds from time to time, to issue letters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds; and An Authorized Representative of the Participant may be deleted by a written instrument signed by all remaining Authorized Representatives provided that the deleted Authorized Representative (1) is assigned job duties that no longer require access to the Participant's Texpool account or (2) is no longer employed by the Participant; and The Participant may, by amending resolution signed by the Participant, add an Authorized Representative provided the additional Authorized Representative is an officer, employee, or agent of the Participant. Authorized Representatives of the Participant. These individuals will be issued PIN numbers. Anthony Johnson, City Manager 972-442-8121 Mindy Manson, Assistant City Manager 972-442-8124 Brady E. Snellgrove, Finance Director 972-442-8141 Listed below is the name of the Authorized Representative from those listed above that will have primary responsibility for performing transactions and receiving confirmations and monthly statements under the Participating Agreement. Brady E. Snellgrove, Finance Director In addition, and at the option of the Participant, an additional Authorized Representative can be designated to perform only inquiry of selected information. This limited representative cannot make deposits or withdrawals. Following is the information of a representative that the Participant wishes to designate with inquiry rights only. Ron Hutchison, Assistant Finance Director This resolution and its authorization supersede all prior resolutions and shall continue in full force and effect until amended or revoked by the Participant and until Texpool receives a copy of any such amendment or revocation. Duly passed and approved by the City Council of the City of Wylie, Texas on this the 13th day of November, 2001. NAME OF PARTICIPANT CITY OF WYLIE John Mondy, Mayor ATTEST Barbara Salinas, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. D November 13, 2001 Issue Consider and act upon final payment to JDC Construction in the amount of$18,755 for completion of the Animal Shelter. Background The bid for the construction of Animal Shelter was awarded to JDC Construction in May 2001, with the addition of architectural enhancements to the front of the building. The initial bid was awarded at $191,000 which included the base bid amount of$179,000 and the alternate bid of$12,000 for brick veneer on all four sides. Change Order #I totaled $28,000 which included the addition of the front canopy and additional concrete paving at the rear of the Service Center Complex. Change Order #2 included the provision of certain electrical features required by Code and an exterior light fixture, totaling $2,300. The balance of the contract left for payment is the final retainage amount of$22,130. A final walk- through was held in which five items were identified. The contractor has corrected all items with the exception of resurfacing the floor in the dog cage area to provide slope to the trench drains. As a result, all parties agree that $3,375 will be withheld for repair of the floor, bringing the final payment amount to $18,755. Financial Considerations Funding for the Animal Shelter and Service Center were set aside in a capital improvement program. At the time of the award of bid, the funding available was $320,000. Final payment on the Animal Shelter will bring the project amount to$221,300. Other Considerations The bid solicitation for this project was conducted in accordance with Chapter 252.021 of the Local Government Code, which governs the procedural requirements for certain capital expenditures. Board/Commission Recommendation N/A Staff Recommendation Staff recommends final payment to JDC Construction in the amount of$18,755. Attachment Change Order#1 Change Order #2 Prepared by Reviewe Finance City Ma royal Date: August 15, 2000 To: Brady Snellgrove, Finance Director From: Jim Holcomb,Purchasing Agent Subject: Animal Shelter Change Order Attached is a change order proposal from JDC Construction for the Animal Shelter project. The proposed changes breakdown as follows. 1. Council instructed the architect to dress up the appearance of the front entry by adding a canopy or other architectural detail. Approximate cost is$10,000. 2.In order to facilitate access to the warehouse area at the rear of the Shelter, it will be necessary to add some additional concrete paving. It is also suggested that the driveway that will run behind the Service Center building be relocated further to the north in order to allow for the possible addition of the garage that was part of the original building design. Approximate cost is$15,000. CHANGE OWNER ❑ ARCHITECT ❑ ORDER CONTRACTOR ❑ FIELD ❑ A!A DOCUME.N•I'7177 "" OTHER PROJECT: City of Wylie Animal ShelteiCHANGE ORDER NUMBER: 1 (name,address) TO (Contractor) I .TDC Construction Co . -1 ARCHITECT'S PROJECT NO: 99021 P.O. Box 1201 CONTRACT FOR: New Building Wylie, Tx 75098 CONTRACT DATE: You are directed to make the following changes in this Contract: Add approx. 5 ,000 SF concrete drive and paving - 5" with #3 bars at 18" OCEW, 3,500 PSI/5sack mix Add larger front porch as shown on plans with additional concrete , brick cols . and metal roof The original Contract Sum was $ 19 1 ,000 Net change by previous Change Orders $ -0- The Contract Sum prior to this Change Order was $ 191 ,000 The Contract Sum will be (increased) Idi4Ctgalod)cItza g J by this Change Order. . $ 28,000 - • The new Contract Sum including this Change Order will be $ 2 19 ,000 • The Contract Time will beXaaatesaxetl;cletertra8e0c(unchanged) by ( 0 ) Days. The Date of Completion as of the date of this Change Order therefore is ARCHITECT CONTRACTOR OWNER Rawls-Jones JDC Construction City ofa Wylie Address Address p .0. Box 1 2 0 t 1 Address c i t H ail 901 N. McDonaldy Suite 200 Wylie , TX 7509R N Hwy_ 7R McKinney TX 75069 Wylie , TX 75098 BY BY BY DATE DATE DATE Sept . 7 , 000 Sept . 7, 2000 Sept . 7 , 2000 MA DOCUMENT C701 • CHANCE ORDER • APRIL 1970 EDITION • AlA'?i • ©1970 • THE ONE PAGE AMERICAN INST:TuTE OF ARrHITFrTS 171%?rw vnve .urc u‘AI tA•aGalntrTnn, n r nnnnc • From:Marketing Programs To:JIM Date:8/23/100 Time:09:30:28 Page 1 of 1 JDC CONSTRUCTION P.O.BOX 1201, WYLIE, TX. 75098 P11.972-442-1904 FAX 972-442-3884 PROPOSAL AUGUST 23,2000 CITY OF WYLIE PURCHASING CITY HALL N.HWY 78 WYLIE, TX.75098 ATT: DALE JACKSON 972442-8154 PH.972-442-8141 FAX RE: PARKING AND FRONT ENTRANCE ADDITION DEAR SIR; WE HEARBY PROPOSE TO FURNISH ALL MATERIAL,EQUIPMENT AND PERFORM ALL LABOR NECESSARY TO COMPLETE THE FOLLOWING WORK ON THE ABOVE REFERENCED PROJECT: I.ADD APPROX.5000SF DRIVE AND PARKING ADDITION INCLUDING: GRADING,21N SAND CUSHION, 61 T 3500PSI 5 SACK CONCRETE WITH NO.3 REBAR 18LN OCEW PRICE:5000SF@3.00SF 15,000.00 2.ADD LARGER FRONT CANOPY WITH BRICK COLUMNS AS DRAWN ON REVISED PLAN PRICE: CONCRETE 225SF 1,000.00 METAL FABRICATION 10,000.00 5 BRICK COLUMNS 2,000.00 TOTAL CHANGE ORDER 28,000.00 EXCLUSIONS: ADDITIONAL ELECTRICAL WORKERS COMPENSATION AND GENERAL LIABILITY INSURANCE TO BE PROVIDED BY JDC CONSTRUCTION ALL WORK TO BE PERFORMED AS SPECIFIED IN A WORKMAN LIKE MANNER FOR THE SUM OF: $28,000.00 RESPECTFULLY SUBMITTED, JAY DAVIS • Date: January 11, 2001 To: BiffJohnson, City Manager From: Jim Holcomb, Purchasing Agent Subject: Animal Shelter Change Order I instructed the architect to clarify and explain the proposed change order submitted by JDC Construction on the Animal Shelter project. The additions/revisions listed by JDC were the result of input from the architect, the engineer, City building inspectors and myself(on behalf of the Animal Control Officer and Finance Director). Attached is the response from Ed Rawls, project architect. The following are my observations regarding the proposed changes. Item 1. Install conduit for telephone service. Delete this item. Verizon will handle installation of phone cable to the demarc, therefore no change order is required to establish phone service. Item 2. Extra warehouse lighting. Delete this item. The engineer's MEP design called for six low bay light fixtures in the rear warehouse/expansion area of the building but this was reduced by half to cut costs. The architect has added the three deleted fixtures back into the design and I agree that this additional lighting will be necessary to optimize future use of this part of the building. I don't, however, feel that this change should be included in the shelter construction contract since it does not relate directly to the current Animal Control facility. I can address this in the Facilities&Fleet Services budget. Item 3. Plugs, switches, etc. in office area. Recommend change order approval for this item. Additional receptacles, 3-way light switches and an emergency battery back-up light fixture for the Animal Control office and animal holding areas were either recommended in the engineer's MEP design or mandated by the City's Building Inspector. Some of these are apparently code issues and most of the work has been completed in an effort to keep the sheet rock subcontractor on schedule. Item 4. Add pipe to air condition/heat units. Delete this item. This was added to facilitate the future installation of HVAC equipment in the warehouse/expansion area.As with the warehouse lighting, I suggest we address this as a Facilities Services item and not as a change order on the Animal Shelter contract. Item 5. Add 240 volt plugs in warehouse. Delete this item. This addition resulted from discussions about the possibility of utilizing a portion of the warehouse area for fleet maintenance.This does not relate to the Animal Shelter contract and, if needed, can be • addressed separately as a Facilities/Fleet budget item. Item 6. Add electrical circuit for warehouse heaters. Delete this item. Like item 4, this would facilitate the future installation of HVAC equipment in the warehouse/expansion area but it's a Facilities issue and should not be a part of this contract. Item 7. Add new front canopy lighting. Recommend change order approval for this item. When the front entry was redesigned to include a covered portico,no additional lighting was included to illuminate this appurtenance. Since the Animal Shelter is not normally open after dark, lighting the front entry is not an absolute necessity but the cost is nominal and it would probably be beneficial from a security standpoint, if nothing else. Item 8. Add outside plugs for Public Works equipment. Delete this item. Last year,the Public Works Department requested that several outside receptacles be installed at the rear of the Service Center building. These receptacles had to be removed when the new driveway was constructed to access the Animal Shelter. I can have these replaced at a lower cost by the electrical contractor who originally installed them. The expense can be charged to facilities maintenance. Item 9. Add washer/dryer hook-ups, meter test water supply, etc. Delete this item. The current Animal Control Officer, who was not in on the original design of the building, asked for washer/dryer hook-ups so that she could wash towels used in cleaning the animals. Utility Billing has proposed adding a meter test bench in the warehouse area which would require a water supply line. The door between the Animal Control breakroom and the warehouse was suggested to enhance accessibility. I don't know how these items break down cost wise, but the architect estimates that 65 %is plumbing. I suggest that these items be considered separately and, if deemed necessary,the work can be funded by Facilities Services. Item 10. Profit and overhead. I believe this is negotiable. With the deletion of items 1, 2, 4, 5, 6, 8 and 9, the net cost increase for the change order on the Animal Shelter contract would be $2,000, plus profit and overhead. Please advise how you want to proceed on this. CHANGE OWNER ❑ ARCHITECT ❑ ORDER CONTRACTORFIELD ❑ AIA DOCUMENT G701 OTHE ❑ OTHER • PROJECT: City of Wylie Animal Shelter CHANGE ORDER NUMBER: (name, address) TO (Contractor) JDC Construction Company ARCHITECT'S PROJECT NO: 9902 1 P . O . Box 1201 CONTRACT FOR: New Building Wylie , Texas 75098 L- j CONTRACT DATE: You are directed to make the following changes in this Contract: Add plugs , switches , and emergency battery back—up Light fixture in office area as required by building inspection City of Wylie Add $ 1 , 500 Add New exterior light to underside of entry canopy Add $ 500 Profit and overhead 15% Add $ 300 The original Contract Sum was $ 1 9 1 , 000 Net change by previous Change Orders $ 2 8 , 0 0 0 The Contract Sum prior to this Change Order was $ 2 1 9 , 000 The Contract Sum will be (increased) (c rg460) (1401kagl,gex1) by this Change Order . . $ 2 , 300 The new Contract Sum including this Change Order will be $ 22 1 , 000 The Contract Time will be ( rg Rd) ( r gd) (unchanged) by The Date of Completion as of the date of this Change Order therefore is ( ) Days. Rawls—Jones , PLLC JDC Construction City of Wylie ARCHITECT CONTRACTOR W ER 901 N . McDonald , #200 P . O . Box 1201 OGNity Hall , N . Hwy 78 Address Address Address McKinney , Texas 75069 Wylie , Texas 75098 Wylie , Texas 75098 BYL BY DATE January 1 9 , 200 1 DATE nu y 1 9 , 2001 DATE January 1 9 , 2001 AIA DOCUMENT G701 • CHANGE ORDER • APRIL 1970 EDITION • AIA® • © 1970 • THE A'ERICA\ INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 ONE PAGE WYLIE CITY COUNCIL AGENDA ITEM NO. 1 November 13, 2001 Issue Consider and at upon approval of final acceptance of the Hilltop Alley paving and sewer improvements, and authorize final payment to JDJ Construction Company, in the amount of$9,574.10 and accept the project as complete. Background On April 25, 2000 the Wylie City Council awarded a construction contract to JDJ Construction Co. for the replacement of an 8" sewer line and concrete reconstruction of the alley between Hilltop and Briarwood. The project included the installation of approximately 1,200 feet of 8" sewer line and the installation of approximately 1,600 square yards of 6-inch reinforced concrete pavement. The walk through was performed on May 14, 2001 and the contractor has addressed all of the items identified. Enclosed are letters from the property owners stating their satisfaction with the repairs made to the damaged fences. Financial Considerations A 1999 mid-year budget amendment included $47,750.00 for the replacement of the 8" sewer line. The 1999 bond identified $150,000.00 for the reconstruction of the alley. Final quantity adjustments have brought the total for the construction of the sewer line and alley to $132,322.40. Other Considerations Acceptance by the City Council will initiate the one-year warranty period during which the contractor is liable for any repairs that may be required. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Board/Commission Recommendations N/A Staff Recommendations The Hogan Corporation and Staff recommends final acceptance of the project and issuing final payment to JDJ Construction Company in the amount of$9,574.10. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Letter from the Hogan Corporation Final Payment Request Contractor Affidavit of Final Payment and Release Consent of Surety Corrrponden e ATith JDJ Constructi. • —Damage Co/pen/ti,,n t, 4ei Ai repared by ' evie ( I sy Finance City M proval THE HOGAN CORPORATION Engineers • Planners • Consultants September 6, 2001 Mr. Biff Johnson City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Attention: Chris Hoisted Re: Paving& Sewer Improvements in the alley between Hilltop and Briarwood THC #002-49.42 Dear Mr. Johnson: We are submitting herewith for your review four(4)copies of Progress Estimate No. 4 for the construction work completed by JDJ Construction Company for the period from November 1, 2000 through April 30, 2001, on the above referenced project. A final walkthrough was performed with representatives of JDJ Construction, the City of Wylie, and The Hogan Corporation present. The items included in this month's pay request have been reviewed and found to conform with the work actually performed. This final pay request includes the 5%retainage held on the revised contract amount. The Contractor has submitted a"Consent of Surety" from the bonding company as well as an "Affidavit of All Bills Paid." Copies of these documents are attached for your reference. Approval of the Final Pay Request and acceptance of the project will initiate the one year warranty period. With your approval of this Final Progress Estimate, please execute all copies, retain two(2) copies for your files, return one(1)copy to this office, and send one(1)copy to JDJ Construction Company, P.O. Box 833187, Richardson, Texas 75083-3187, along with your remittance in the amount of$9,574.10. Yours very truly, THE HOGAN CORPORATION Paul Duncan, P.E. Enclosures IIIMember, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 Member, American Consulting Engineers Council Dallas, Texas 75252 TEL: (972) 380-4646 FAX: (972) 380-4633 Final Application for Payment No 5 - Owner: City of Wylie For Period From: May 1,2001 To: July 30,2001 Project Name: Paving&Sewer Improvements in the alley between Hilltop and Briarwood Owner's Project No.: Engineer's Project No.: 002-49 Contractor JDJ Construction Company Address: P.O.Box 833187 Richardson,Texas 75083-3187 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded: $131,951.00 Contract Date: August 15,2000 Change Orders: Start Date: August 15,2000 Time Allotted: 60 cal.days Time Extensions: 0 cal.days Revised Contract Time 60 cal.days Elapsed: 349 cal.days %Time Elapsed: 581.67% Remaining: -289 cal.days Total Change Orders: $0.00 Total Adjusted Contract: $131,951.00 ESTIMATE SUMMARY Amount Completed to Date(See Attached): $132,322.40 Material on Hand(See Attached): PROJECT TOTAL TO DATE: 100.28% $132,322.40 Less 0% Retainage: $0.00 Less Previous Payments: $122,748.30 Total Deductions: $122,748.30 ($122,748.30) TOTAL AMOUNT DUE THIS ESTIMATE: $9,574.10 Recommended: Approved: By: By: 9/0 0' Date: Date: Engineer City of Wylie 8/29/0l Page I Final App for PayNo 5-JDJ Aug 29 01 02: 45p P 2 • APP&CERT APPLICATION AND CERTIFICATE FOR PAYMENT TO(Owner)_ APPLICATION NO: FINAL Application is made for Payment,as shown below, City of Wylie in connection with the Contract, 2000 Hwy.78 North PERIOD TO: FINAL Continuation Sheets are attached. Wylie,TX 75098 ARCHITECTS 1.ORIGINAL CONTRACT SUM $ 131,951.00 PROJECT NO: FROM:(Contractor) (Resolution No.) 2.Net Change by Change Orders $ 0.00 Darnell&Dickson Construction Inc.DBA CONTRACT DATE: 4/12/00 JDJ Construction Co. 3.CONTRACT SUM TO DATE $ 132,322.40 P.O.Box 833187 DISTRIBUTE TO: Richardson,TX 75083-3187 X Owner 4.TOTAL COMPLETED&STORED TO DATE $ 132,322.40 X Architect/Engineer CONTRACT FOR: Contractor 5. RETAINAGE(10%) $ Paving&Drainage Imp.for Alley Between Hilltop and Briarwood 6.TOTAL EARNED LESS RETAINAGE $ 132,322.40 7. LESS PREVIOUS CERTIFICATES CONTRACTOR'S APPLICATION FOR PAYMENT FOR PAYMENT(Line 6 from prior certificate) $ rt8 6-.64 CHANGE ORDER SUMMARY )aa")tl`6 30 ADDITIONS DEDUCTION 8.CURRENT BALANCE DUE $ go Approved in Previous Months(Total) N/A Approved This Mo. (Description/Date) 9.BALANCE TO FINISH,PLUS RETAINAGE(Line 3 less Line 6) $ Change Order No. Change Order No. �n{,".v� VICKIKNIPP Change Order No. �yrt, NOT'ARY PUBLIC Change Order No. ��i State of Texas Change Order No. ��aF'_; Comm.Exp.04 -2002 State of:TEXAS County of: Dallas TOTALS Subscribed end swo to before me this 30 Net Change by Change Orders day ofl�1 , 2001 The undersigned Contractor certifies that to the best of Contractor's Notary Public: Vi C ". knowledge,information and belief the Work covered by this Application �� for Payment has been completed in accordance with the Contract My Commission Expires: O'(/Q� Documents,that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were Issued and payments received from the Owner,and that the current payment shown herein AMOUNT CERTIFIED $ is now due: (Attach explanation if amout certified differs from the amount applied for) JDJ Contra ' DATE: 0V0/D I By: Si e v T'S CERTIFICATE FOR PAYMENT a rdance with the Contract Documents,based on on-site observations and the data comprising the above application,the Architect certifies to the Owner that to the best of the Architect's knowledge,information and belief the Work has progressed as indicated,the quality of the Work is in accordance with the Contract Documents,and the Contractor is entitled to payment of the AMOUNT CERTIFIED. EP&A DOCUMENT G702*APPLICATION AND CERTIFICATE FOR PAYMENT*10/94 Page 1 JDJ CONSTRUCTION CO. P.O. BOX 833187 RICHARDSON, TX 75083 C CONTINUATION SHEET AIA DOCUMENT C703 (r1 Proj ect Na Alley Between Hilltop& Briarwood N AIA Document G702, APPLICATION & CERTIFICATE FOR PAYMENT, containing City of Wylie a) Contractor's signed Certification is attached. APPLICATION NUMBER: FINAL o In tabulations below, amounts are stated to the nearest dollar. APPLICATION DATE: 07/06/01 .. 0 Use Column I on Contracts where variable retainage for line items may apply. N 4 ci -13 ITEM ESTIMATED ' DESCRIPTION UNIT Current Previous Total Total NO. QUANTITY UNIT OF WORK COST month Work work dollar Quantity Performed Performed completed 1 523 CY UNCLASSIFIED EXCAVATION 15.00 0.00 523.0 523.0 $ 7, 845.00 2 1857 SY 6"LIME STABILIZATION 2.00 1720.0 1720.0 $ 3,440.00 3 40 TON HYDRATED LIME 105.00 37.0 37.0 $ 3,885. 00 4 1570 SY 6"CONCRETE PAVEMENT 38.00 1594.0 1594.0 $ 60,572.00 5 31 SY 6"CONCRETE DRIVEWAY 32.00 29.70 100.0 129.7 $ 4, 150.40 6 1128 SY REM&DISP EXIST CONC 5.00 0.00 0.0 0.0 $ - 7 1200 LF 8"SDR-35 SEWER PIPE 22.00 1240.0 1240.0 $ 27,280.00 8 4 EA 4'DIA MANHOLE 2200.00 0.00 4.0 4. 0 $ 8,800.00 9 1 EA REM EXIST MANHOLE 1200.00 0.00 2.0 2.0 $ 2,400.00 10 35 EA 4" SERVICE LATERALS 350.00 0.00 35.0 35.0 $ 12,250.00 11 5 EA ADJ EXIST 3/4"WTR SVC 350.00 0.00 0.0 0.0 $ - 12 20 SY REM &REPL ASPH PAVE 20.00 23.00 23.0 $ 460.00 13 1200 LF TRENCH SAFETY 1.00 0.00 1240.0 1240.0 $ 1,240.00 $ 132,322.40 7 w Page 1 of 1 1 Aug 29 01 02: 46p p. 4 Client#: 9258 553DARNEDIC ACORDM CERTIFICATE OF LIABILITY INSURANCE 0DATE(MM/DD/YY) 8/24/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION SGP Commercial Lines Dept . ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Summit Global Partners of TX HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. P . 0. Box 1111 San Angelo, TX 76902 INSURERS AFFORDING COVERAGE INSURED INSURER A: American Cas . Co. of Reading, PA JDJ Construction -- INSURERB: Transportation Ins Co 5039 N. Chadbourne San Angelo, TX 76903 INSURER c: Texas Workers' Comp. Ins . Fund INSURER D: I INSURER E: COVERAGES THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR ITYPE OF INSURANCE POUCY NUMBER PDATE EFFE:b!7VE POLICY EXPIRATION LIMITS LTR bATE(MM/DD/YYI 1 DATE(MNUDD/VYI A I GENERAL LIABILITY C 15 6 5 9 9 7 8 3 08/27/01 08/27/02 EACH OCCURRENCE S 1 000, 000 •X ,COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $5 0, 0 0 0 CLAIMS MADE I X!OCCUR jMED EXP(Any one person) $5 , 0 0 0 •X J PD Ded: 1, 000 I PERSONAL B ADV INJURY SS 1 0 0 0, 0 0 0 I GENERAL AGGREGATE i S2 0 0 0, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER: I PRODUCTS-COMP/OP AGG $2, 0 0 0, O O O I. 1 POLICY 1 I JE° J I I LOC B I AUTOMOBILE LIABILITY IC156599797 ' 08/27/01 08/27/02 1 1-----I I COMBINED SINGLE LIMIT 'X 'ANY AUTO (Ea accident) '$1, 0 0 0, O O O I ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) I X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY I !AUTO ONLY-EA ACCIDENT S ANY AUTO ! I OTHER THAN EA ACC $.----- --- -..... AUTO ONLY: AGG ,S B !EXCESSLIARILITY C156599802 08/27/01 08/27/02 EACH OCCURRENCE 42 , 000, 000 X I OCCUR I CLAIMS MADE AGGREGATE 42, 000, 000 DEDUCTIBLE —_--_I$ X I RETENTION S 1 0 0 0 0 I C .WORKERS COMPENSATION AND I TS F 0 0 010 9 9 7 5 08/27/01 08/27/02 1[DRY LIMITS 1 r ER 1__ i EMPLOYERS'LIABIUTY --- I 1 I E.L.EACH ACCIDENT 4500, 000 I E.L.DISEASE-EA EMPLOYEE!c 5 0 0, 0 0 0 1 I E.L.DISEASE-POLICY LIMIT 155 00 , 000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS PROJECT: Paving & Sewer Improvements in alley between Hilltop & Briarwood. CERTIFICATE HOLDER I !ADDITIONAL INSURED:INSURERLETTER _. CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Wylie DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1 I1 DAYS WRITTEN 2000 Hwy 78 North NOTICETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT.BUT FAILURE TO DO SO SHALL Wylie, TX 75098 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. . AUTHORIZED REPRESENTATIVE oetriw ACORD 25-S 7/97 � �� ( )1 of 2 #S198859/M198857 1 BHP 0 ACORD CORPORATION 1988 Aug 29 01 02: 46p p 7 .4 I i CONTRACTOR'S AFFIDAVIT OF FINAL PAYMENT tl THE STATE OF TEXAS ) �i;ii`;., .;' ) KNOW ALL MEN BY THESE PRESENTS: ''F;f 'ti �'�� COUNTY OF C//(`j ) i,: BEFORE ME,the untie:signed authority,on this day perso islly appeared T7" .�� ' being by me duly sworn, deposes,and says that he is �//Cz //-711 ca ��r /-s E,� ( Aftidant(e who,of ic partnership, trade name)of (C//ice / (c r v County,State of Texas (the"Contractor"), which said Contractor H awarded the contract dated the). day of A /, / r",/for the construction of $7 't' i'+ 11� /ig, rop L /2 "` (the"Work"),for a total consideration of / >/r `7 s'/ .64' Dollars to be paid to the s:. Contractor(the"Contract"),a,pd that Affidant has full power of authority to make this affidavit. That T4-y,i a` La(el 4 /Z-- (the"Owner")has approved the final estimate on said Work,and that the sa Contractor has fully satisfied and paid any and all claims that may be covered by Chapter 53 of the Texas Property Code al Article 5160 of the Revised Civil Statutes of the State of Texas,or any other applicable statutes or charter provisions,and that just bills for labor and materials have been paid and discharged by said Contractor insofar as they pertain to the work in question That in addition to any funds which may have been previously paid by the Owner,the Contractor hereby accepts the amou of /3,$ f , 5-10 Dollars as FULL AND FINAL PAYMENT under the aforementioned Contract, and hereby waiv and releases any right Allidant and/or the Contractor may have to pursue claims of any nature against the Owner arising out of in any manner connected with the performance of the Work and/or the Contract, including but not limited to claims of third parti that supplied material and/or labor for the Work for or through the Contractor ("Subcontractors"), as well as claims for dela additional compensation or for recovery of liquidated damages which may have been withheld by the Owner. The Contract, shall defend, hold harmless and indemnify the Owner from any such claims of such Subcontractors. The Contractor forth. releases the Owner from any claim or liability arising from any act or neglect of the Owner related to or connected with tl Contract. This affidavit is given pursuant to the final payment provisions of the Contract, and shall not be deemed to alter c modify the terms and provisions of said Contract By rr 9---f`� . Ccc. (Printed Name) `` SUBSCRIBED AND SWORN TO BEFORE ME,this the _'`f) day of\ LI,A_ ). 0OO 1 VIC lc - ' ---)"---- >i� +tch VICKt i�NiPPB (No ary Public in a forte Late �'� * NOTARY PUBLIC of , State of Texas [Nola " ' I C k I 1 PP ''' Comm.Exp.04-02-2002 (Printed Name of Notary) My commission expires 00 0 a'l( — Jul 10 01 04: 45p p. 4 Sheet1 Wylie Final Measure up 6-28-2001 Alley approach 15 10 150.00 5'ext 2 10.73 10 10 100.00 5'ext 2 10.73 0.00 1232 10 12320.00 43.5 10 435.00 30.5 10 305.00 30'ext 4 798.00 total 14129.46 total 1569.94 driveways north to south 22.5 2.75 61.87 (23+9.33)/2*(16) 450.60 17 10.5 178.50 38 2 76.00 2 2 4.00 11.5 12 4.00 wings 21/2 138.00 17.25 10.5 181.12 wings 2(10*6.67)/2 66.70 total 1160.79 total 128.98 paving hilltop 6.25 16 100.00 8.5 8.33 70.81 8.5 4.33 36.81 total 207.61 total 23.07 stabilization Page 1 Aug 29 01 02: 49p p• 5 CONSENT OF OWNER ❑ SURETY COMPANY ARCHITECT ❑ TO FINAL PAYMENT CONTRACTOR 0 SURETY 0 AIA DOCUMENT G707 OTHER PROJECT: City of Wylie Paving& Sewer Improvements in the alley between Hilltop & Briarwood (name,address) TO(Owner) [ City of Wylie ] ARCHITECT'S PROJECT NO: 2000 Hwy 78 North Wylie,TX 75098 CONTRACT FOR: Paving&Sewer Improv. ] CONTRACT DATE: Darnell& Dickson Construction, Inc. DBA CONTRACTOR: JDJ Construction Co. PO Box 833187,Richardson,TX 75083-3187 Bond No. 751472 In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Capitol Indemnity Corporation P. O. Box 5900 Madison, WI 53705-0900 , SURETY COMPANY, on bond of(here insert name and address of Contractor) Darnell& Dickson Construction,Inc.DBA JDJ Construction Co. P 0 Box 833187 Richardson, TX 75083-3837 , CONTRACTOR, hereby approves of the final payment to the Contractors,and agrees that final payment to the Contractor shall not relieve the Surety Company of any of its obligations to(here insert name and address of Owner) City of Wylie 2000 Hwy 78 North Wylie,TX 75098 ,OWNER, as set forth in the said Surety Company's bond. IN WITNESS WHEREOF, the Surety Company has hereunto set its hand this 15th day of August , 2001 CAPITOL INDEMNITY CORPORATION Surety Company • Signature of Authorized Representative Attest': (Seal): - . Carol Goodenough Attorney-In-Fact Title NOTE; This form is to be used as a companion document to AIA DOCUMENT G706,CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS, Current Edition AIA DOCUMENT G707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT•APRIL 1970 EDITION•AIA® ONE PAGE © 1970•THE AMERICAN INSTITUTE OF ARCHITECTS.1735 New York Ave.,NW,WASHINGTON,D.C. 20006 Aug 29 01 02: 46p prez,olkg, . 6 •' INDEMNITY CORPORATION 4610 UNIVERSITY AVENUE,SUITE 1400,MADISON,WISCONSIN 53705-0900 PLEASE ADDRESS REPLY TO P.O.BOX 5900,MADISON,WI 53705-0900 PHONE(608)231-4450•FAX(608)231-2029 POWER OF ATTORNEY No: 568C, 76 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint RAY WATSON, DON E. SMITH OR CAROL GOODENOUGH its true and lawful Attorney(s)-in-fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of NOT TO EXCEED$3,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: "RESOLVED,that the President,and Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings,and other writings obligatory in the nature thereof. one or more resident vice-presidents, assistant secretaries and attorney(s)-in-fact, each appointee to have the powers and duties usual to such offices to the business of this company;the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached.Any such appointment may be revoked,for cause,or without cause,by any of said officers,at any time.' IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this 1st day of June, 1999. CAPITOL INDEMNITY CORPORATION Attest: .4,,0 tuneruip4 Virgiline M.Schulte,Secretary ` 9 9a CORPORATE'_ SEAL i jeorL .gait.President STATE OF WISCONSIN COUNTY OF DANE On the 1st day of June,A.D., 1999, before me personally came George A Fait, to me known, who being by me duly sworn, did depose and say: that he resides.in the County of Dane, State of Wisconsin; that he is the President of CAPITOL INDEMNITY CORPORATION, the corporation described in and which executed the above instrument; that he knows the seal of the said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. •STATE OF WISCONSIN \\\\\ otawndco„y�GG CAL COUNTY OF DANE `" JANE y' F. *= Jane F.Endres •ENDRES Notary Public,Dane Co.,WI urn nttNt0"�\`e\ My Commission Expires March 23,2003 CERTIFICATE • I, the undersigned, duly elected to the office stated below, now the incumbent in CAPITOL INDEMNITY CORPORATION, a Wisconsin Corporation, authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and furthermore that the Resolution of the Board of Directors, set forth in the Power of Attorney is now in force. Signed and sealed at the City of Madison. Dated the.._ 15th day of-_ August 2001 (;pG �9 -CORPORATE SEAL .. z.` Paul J.Brei r,Treasurer This power is valid only if the power of attorney number printed in the upper right hand corner apears in red. Photocopies,carbon copies or other reproductions are not binding on the company. Inquiries concerning this power of attorney may be directed to the Bond Manager at the Home Office of the Capitol Indemnity Corporation. Jul 10 01 04: 45p p. 5 JDJ CONSTRUCTION COMPANY PO BOX 833187 PHONE 972-664-1220 RICHARDSON,TEXAS 75083-3187 FAX 972-664-0296 June 11,2001 Mr.Jet Brown 401 Hilltop Wylie,Tx. Re: Waiver of Rights Fence Damage • Mr.Brown, On June 11,2001 we entered into an agreement that JDJ Construction will pay Seed as compensation for the damage that the fence sustained at the above captioned location. Upon receipt and clearing of the funds will constitute the agreement that the homeowner is satisfied with the settlement and that no other claims will be against JDJ Construction or the City of Wylie concerning the issue. Respec ' lly, Homeowner 4 son By: V ce-President Mr.Brown Dallas Operation Date: JDJ Co, By:i� Dater//11,cr„, Darnell&Dickson Construction, Inc. 0978 7iie-"rvj VersaCheck#MVC/1000G Jul 10 01 04: 45p p_ 6 JDJ CONSTRUCTION COMPANY PO BOX 833187 PHONE 972-664-1220 RICHARDSON,TEXAS 75083-3187 FAX 972-664-0296 May 30,2001 Mr.Vaughn 400 Briarwood Wylie,Tx. Re:Waiver of Rights Fence Damage Mr.Vaughn, On May 29,2001 we verbally entered into an agreement that JDJ Construction will pay $600.00 as compensation for the damage that the fence sustained at the above captioned location. Upon receipt and clearing of the funds will constitute the agreement that the homeowner is satisfied with the settlement and that no other claims will be against JDJ Construction or the City of Wylie concerning the issue. Respectfully, Home er 40i,c � . eff Dawson Vice-President ghn Dallas Operation Date: # e JDJ Co By: son v. J e: 5/kVecl Darnell&Dickson Construction, Inc. 10953 r�d c) .yam« Jul 10 01 04: 45p P 7 Send Confirmation (Event Succeeded) Date: 6/14/01 Time: 8:34 AM Pages: 2 Duration: 1 min 34 sec Recipient: RoberUJean Thayer Company: Fax Number: 972-881-1287 Subject: Barletta Construction Co Type: Fax 1 Jul 10 01 04: 46p p 8 FAX COVER SHEET JDJ CONSTRUCTION COMPANY PO BOX 833187 RICHARDSON,TEXAS 75083-3187 PHONE: 972-664-1220 FAX: 972-664-0296 DATE: C t //L/ TO: ,/"-G/�� /��c/7 7%'Z-7;. FAX: -7 COMPANY: PAGES: SUBJECT/REMARKS: //'i es - H) /!/C" ,a c 7- 7A 6,/‘ �i'« �c. ar "G FROM: J 7VO Jul 10 01 04: 46p p 9 ,.MPAT MACHINE TOOL; 07288112E17; JUN-6-01 7: 19AM; PAGE 2/2 • I 1 1 �, I! 1 '/ Ili: /11 1 • ',`/ 1 ' /! Proposal N r { t'� 1 �! 1 / fJ t/ Date cb pr/a/ 1 1// '• I BARLET,T4 ' //, / Time 1 I CONSTRUCT IN 0. I Referredl3 '� ll � � I y r ], J �, v .e,t .; t.ntlL ,I ,b „Lilt ll Nt%>ijijt>- .I I I �•I 1� )i� /{ / i� �i I, I{ , f i ❑Can we use your � Fence Sign 7.01 Regency Rd.,Wylie,TX JEFFREY Proposal DAWSON 37_65 1824 STOC,cro T IAI[ 972-312.0364 1119 2290 8 01 Name �7�y�-� ",�� PLANO, TX 75023 09009 359 Street z ,r !�R'' 't Dat //j7�G it/Yb Pay to the City /ti Yb e Orderof v/�� Phone#(H) I $ gs�s ? 9 t o t+r f . �� 'f � ., 1 )ra f 1..i `N C iJt T ..s w.iarle X r w.yw� .c 'ir z-i T? y .r 1 , - - -,„a- ~.• ti 'e� , rZ. >o Dollars e'y f ttrELt_S � t 7y �..,•�,� r �-� ,L ��. i,y•S 7ta i£ -- .,, -, a...G. • t: r;. rI '^6 6. �' S rf Fiif{GO -.. _e r �r"� k�,.YF ; _ 'ri �,r �'r x • Tk " -,�°'s' ,..,,; .;, r ' ;• > s 1 r rU` - 151 94• - J j'. . . ? ,r P G- 3 4 A'<a: Ix ''�+.,•e3 0 I 2.K�}r �'t- : . .ro *?' la.dl�� i� F' § :h.3.}� r y4`H' - , i i r •Memo � y ••!. :et-- �� 4 v, ' y, ( s... i yy L 1 s - /1. /�/CIi J w,: •t 0. �,>" r " i�0 O 6`5 9!:0 9 t` " r k, y�t . a tJ.. 11 "t L �. � r 4 s'> h i".•,, tom. t.� r i! r It a C 1 r t tl r v r t e ry ��,a. .';' 1 it' .f.,:i' , t , ..;k7,...:•u ry.: a ` Ct' t s� i � -.. 1. {, .1 r.._ ti v 1.c. .S•! / ',. 'ram E r n - r j -- ' Al ' 2 `I I i` i: . / . : j : '_ ! i If .fr •I t ..:i __ • + +. A?. , o� r e 4:r`r x .7 yI -• ; __ _ _ I { 1—it- 1 I _t. i + -� _I� ._ P, tr a! t ' J t , 'i I — �_ „r �� _•-r--`, 1 • (�.i!/� •_I !. ,�r c-.•r o rd r .tTI _'_ I 1 --�' '-r" t I ?RI t t` 1 t i. 1 t Y 7.c I....�r 11 I � _ r rf-� Iiy I Ii;.;:::yIIt;:. •r - I. 1. •`i _ •.' .•r f `•r ' a t t ^et i i t r , I . 1 t ti . ... .r? .r ; £".�,..I{_�• j I'_i t-_I_-^'-- -1. i.. ? _ :I" _.__-_.. . , {.. ' A RctaWng WaIL Footboard i I ' — - -. i •U 2 a 6 Pressure Treated Pinc �-I--- I '� ` ' 1 . I ❑ Treated _ .iii--.: .. ��.. `�t�.{ I ! I .--1: j_T"— F j Landscape Timbers H- I. -�- - • t I I 7-7 • U Treat Concrete - I i . . 4--r - j_ • i j-• LL . an T- .a i j. r7:...• '> Deadm on Coasters Q Rruud , �----'` � �• t �f•-•-��: 1 -f _ i j- --' ;- I 0 Stud Posts on Centers ❑ Mctal I ._; I_ • _ I . ' e 1 -!- I r , - -1-) -'� I - i_ -'-•. _i.--. . I-r-3 I.1LIJ._. - i Total Price of Items - � Barletta Custom Fence Features: Marked it»shaded areas -3 O$ q6)252-' (Di $_ — CCD $_ ___ ❑ Double posts gates set 4S"dccp Plus Additional work below: ❑ 6 ft,center on posts sct 36"deep U 8" Diameter(hoic) Board on Bcx'<rd __ - -___" . ___- U ttl two face premium grade Metal Posts __- -_--_-__- wectern rcd cedar Retaining WWII&/nr Footboard U 2 x 4"Full cut staggered scans railing -._- -• _- __ --• _- - --- 0 3 yr.guarantee on labor&materials Wood Treati>lant __ -__ _ __ _ - ____ _•_ _ ___ _- "Helping to preserve the value(St appearance , - - - - of your neighbor/rood since/982." TOTALS". Our prices are guarant4ed for 30 days from the dare of proposals. Continue on the tuck side 2 JDJ CONSTRUCTION COMPANY PO BOX 833187 PHONE 972-664-1220 RICHARDSON,TEXAS 75083-3187 FAX 972-664-0296 August 30,2001 Mr.Kyle Jones,EIT The Hogan Corporation 18333 Preston Road Dallas,Tx. 75252 RE: City of Wylie Hilltop Alley THC#002-49.20 319 Hilltop Fence Mr.Jones, Please be advised that the fence on the above location was repaired on August 29,2001.The homeowner is satisfied with the repair.He was home when the work was performed. If any additional information is required,please do not hesitate to call. Respec ly, ff Dawson Vice-President Dallas Operation cc: Chris Holstead From:REITER COMPANIES 972-918-0864 To:Mr.Chris Holstead Date:10/8/01 Time: 1:14:32 PM Page 2 of 3 JDJ CONSTRUCTION COMPANY PO BOX 833t87 PHONE/72-664-1220 RICHARDSON,TEXAS 75083-3187 FAX 972.664-02% October 8,2001 Mr.Chris Holstead City of Wylie 2000 Highway 78 North Wylie,Texas 75098 RE:Hilltop Alley United Rental Release Mr.Holstead, Please find enclosed the full release of bills paid from United Rental. If there are any questions,please do not hesitate to call. Rcspc ully, ff Dawson Vice-President Dallas Operation From:REITER COMPANIES 972-918-0864 To:Mr.Chris Holstead Date:10/8/01 Time: 1:14:32 PM Page 3 of 3 • United Rentals P 0 BOX 202165 AFLINGTON,TX%VTOL 1•58P-503-7368.817-606-0033 I-AX#817.636.00L3 Full Release of Lien And Certification of Payment By Supplier 1 PROJECT: I� y C (A)c.( � KNOW ALL MEN BY THESE PRESENTS: ,,j /I W, That United Rentals (herei after Supplier)has suPPR�li�eed materials and/or performed services on the job at ( /f t.. at the following address: �i� 3 �'+G��LIC 1 V- —. - 1 Cjt� crc coy The supplier hereby certifies that it has beeikp�aid for all services performed and materials furnished,and that it releases and quit claims ,lklrtt�e lv t�►tJl�t�n�z78A 3t UO 3 Ybkfacrand Owner,from all liens,lien rights,claims or demands of any kind whatsoever, which it now has or might have against the aforementioned building and real estate. Supplier hereby further certifies and swears that all materialmen, suppliers,laborer, subcontractors or any persons or entities performed services on the aforementioned building or real estate by or under order of Supplier have been paid in full far their services. Total Amount$ Dated this 8 h day of t)t" 0 bt- , 2001. Witnes \.. Si ned: r , 4 B': n Vexe.(1.2� LT,ftle: Dis ct Credit Analyst 4 SWORN TO AND SUBSCRIBED BEFORE ME THIS p 1 DAY OF_ C �.i�I , 2001. (seal) =0'k. JENNIFER LEE WEIKUM N EXPIRES r.k.tc NN 14,2003 'i otary Publi WYLIE CITY COUNCIL AGENDA ITEM NO. 2 November 13, 2001 Issue Consider and act upon authorizing the City Manager to execute and award a contract to Bucher, Willis & Ratliff, Corp., in the amount of$106,560.00 for engineering services related to the design of utility relocations along SH 78 from FM 544 to Eubanks Ln. Background The Texas Department of Transportation has submitted plans adequate for utility relocations for the reconstruction of SH 78 from FM 544 to Eubanks Ln. The TxDOT project has been awarded to Site Concrete, and construction is scheduled to begin no later than April 1, 2002. Staff and the consultants have preliminarily identified the lines in conflict with the proposed improvements. Some of the existing lines are not in conflict, however, due to the age and condition of the lines, we are recommending replacement at this time. The relocations include approximately 2,700 linear feet of 8-inch water line, 3,300 linear feet of 12-inch water line, 2,000 linear feet of 8-inch sewer line, 900 linear feet of 10-inch sewer line, and related appurtenances. The projected construction cost for the utility relocations along SH 78 is $829,700, which includes a 20% construction contingency. TxDOT has indicated that the City may negotiate with the paving contractor— Site Concrete—and include the utility relocation in the paving contract, which may reduce the construction cost and accelerate the project. Financial Considerations The 1999 Water and Sewer Revenue Bonds included $500,000 for miscellaneous utility relocations and replacements of which approximately $100,000 is available for this project. Summary of Fees Basic Engineering Services 77,800.00 Surveying Services 28,760.00 Total Fee $106,560.00 Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Authorize the City Manager to execute and award a contract to Bucher, Willis & Ratliff, Corp., in the amount of$106,560 for engineering services related to utility relocations along SH 78 from FM 544 to Eubanks Ln. Attachments Engineering services agreement from Bucher, Willis & Ratliff, Corp. repared by eview by Finance City Ma proval AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS § COUNTY OF DALLAS § This AGREEMENT is entered into by the City of Wylie, Texas , hereinafter called "OWNER' and Bucher, Willis & Ratliff Corporation, hereinafter called "BWR". In consideration of the AGREEMENTS herein,the parties agree as follows: I. EMPLOYMENT OF BWR: In accordance with the terms of this AGREEMENT: OWNER agrees to employ BWR; BWR agrees to perform professional services in connection with the Project; OWNER agrees to pay to BWR compensation. The Project is described as follows: Water and sanitary sewer relocations along SH 78 from station 471+25 to station 578+40. II. SCOPE OF SERVICES: BWR shall render professional services in connection with Project as set forth in Attachment SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part of this AGREEMENT. III. COMPENSATION: OWNER agrees to pay BWR for all professional services rendered under this AGREEMENT in accordance with Attachment CO - Compensation which is attached hereto and made a part of this AGREEMENT. IV. TERMS AND CONDITIONS OF AGREEMENT: The Terms and Conditions of Agreement as set forth as Attachment TC shall govern the relationship between the OWNER and BWR. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than OWNER and BWR, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive benefit of OWNER and BWR and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between OWNER and BWR and supersedes all prior written or oral understandings. This contract is executed in two counterparts. IN TESTIMONY HEREOF,they have executed this AGREEMENT,the— day of , 20 ATTEST: OWNER By: By: ATTEST: BUCHER,WILLIS &RATLIFF CORPORATION (BWR) Vilfryytc 1/41-71 By: : i James R. Flempns,P.E. `,,, Sr. Vice President ATTACHMENT SC SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER - ARTICLE I BASIC SERVICES: BWR shall render the following professional services in connection with the development of the Project: A. PRELIMINARY DESIGN PHASE Upon execution of this AGREEMENT,BWR shall: 1. Consult with OWNER: (1) to review the scope of services, (2) to verify OWNER's requirements for the Project,and(3)to review available data. 2. Advise OWNER as to the necessity of OWNER's providing or obtaining data or services from others, and assist OWNER in connection with any such services. 3. Prepare a schematic layouts, sketches and conceptual design criteria with appropriate exhibits to indicate the considerations involved and some alternative solutions available to OWNER and setting forth BWR's findings and recommendations with opinions of probable construction costs for the Project. The alternate solutions shall be limited to not more than three. 4. Furnish two (2) copies of the layouts/sketches and present and review it in person with OWNER. 5. Prepare preliminary design documents consisting of final design criteria, preliminary drawings and outline specifications. 6. Based on the information contained in the preliminary design documents, submit a revised opinion of probable Project Costs. 7. Furnish two (2) copies of the above preliminary design documents and present and review them with OWNER. B. DESIGN PHASE: Upon execution of this AGREEMENT, BWR shall provide professional services in this phase as follows: 1. Prepare plans, specifications,contract documents, designs, and layouts of improvements to be constructed (surveys to be furnished as Additional Services, pursuant to Article II). 2. Advise OWNER of need for and recommend scope of subsurface investigations, and special analysis, etc, and the retention of special consultants. The cost of such services shall be paid by OWNER and are not included in the services performed by BWR. 3. Furnish OWNER, when requested, the engineering data necessary for applications for routine permits required by local, state and federal authorities. Preparation of applications and supporting documents for government grants or for planning advances will be provided as Additional Services. 4. Submit plans, specifications, and contract documents to the applicable federal and state agency(s)for approval, where required. 5. Furnish such information necessary to utility companies whose facilities may be affected or services may be required for the Project. 6. Prepare revised opinion of probable construction cost. 7. Prepare bidder's proposal forms (project quantities) of the improvements to be constructed. 1 ATTACHMENT SC 8. Furnish OWNER two (2) sets of copies of plans, specifications, and bid proposals marked "Preliminary" for approval by OWNER. Upon final approval by OWNER, BWR will provide OWNER two (2) sets of copies of "Final" plans. As directed by OWNER, additional sets of plans, specifications and bid documents as are necessary in the receipt of bids for construction and as are required in the execution of the Project, shall be furnished by BWR and shall be paid for by OWNER at actual cost of reproduction. C. CONSTRUCTION PHASE: Upon completion of the design services and approval of "Final" plans and specifications by OWNER, BWR will proceed with the performance of services in this phase as follows: 1. Assist OWNER in securing bids, issuing notice to bidders and notifying construction news publications. The notice to bidders will be furnished to OWNER for publication in the local news media. The cost for publications shall be paid by OWNER. 2. Assist OWNER in the opening, tabulation, and analysis of the bids received and furnish recommendations on the award of contracts or the appropriate actions to be taken by OWNER. 3. Assist OWNER in the preparation of contract documents for construction contracts. 4. Assist OWNER in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project. 5. Make two (2) visits each month to the site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Contract Documents. If BWR is requested to visit the site more frequently than the specified number of visits each month, the requested visits shall be considered an Additional Service and BWR shall be entitled to additional compensation. 6. In performing the services outlined above, BWR will endeavor to protect OWNER against defects and deficiencies in the work of Contractors; BWR will report any observed deficiencies to OWNER, however, it is understood that BWR does not guarantee the Contractor's performance, nor is BWR responsible for supervision of the Contractor's operation and employees. BWR shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. BWR shall not be responsible for the acts or omissions of any person(except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. 7. Consult and advise with OWNER during construction, make recommendations to OWNER regarding materials and workmanship, and prepare change orders with OWNER's approval. 8. Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and test equipment and other data pursuant to the General Conditions of the Construction Contract. 9. Interpret the plans and specifications for OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or materials or deviations from the plans and specifications will be considered an Additional Service. 2 ATTACHMENT SC 10. Based on BWR's observations as an experienced and qualified design professional and review of the Application for Payment and supporting documentation submitted by Contractor, determine the amount that BWR recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 11. Conduct, in company with OWNER's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Contract Documents, and review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). 12. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Two(2) sets of prints of"Record Drawings" shall be provided by BWR to OWNER. ARTICLE II ADDITIONAL SERVICES: Additional Services to be performed by BWR, if authorized by OWNER, which are not included in the above described basic services,are described as follows: A. Field Surveying required for the preparation of designs,drawings and plans. B. Field layouts or the furnishing of construction line and grade surveys. C. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. D. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. E. Providing shop, mill,field or laboratory inspection of materials and equipment. F. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency,court,arbitration panel or mediator. G. Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative during the Construction Phase. H. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the plans and specifications. I. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by BWR on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. J. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impact assessment and analyses,permitting assistance, and other assistance required to address environmental issues. ARTICLE III TIME OF COMPLETION: BWR is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in twenty (20) weeks. BWR reserves the right to extend the completion schedule due to OWNER's delays. Additional compensation may be requested by BWR if project is unduly prolonged due to delays beyond the control of BWR. 3 ATTACHMENT SC ARTICLE IV RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of BWR: A. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to BWR's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the plans and specifications. C. Assist BWR by placing at BWR's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for BWR to enter upon public and private property as required for BWR to perform services under this AGREEMENT. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by BWR, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of BWR. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by OWNER. H. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or BWR may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance,code or order applicable to their furnishing and performing the work. I. OWNER shall determine,prior to receipt of construction bid, if BWR is to furnish Resident Project Representative service so the Bidders can be informed. J. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and final payment inspections. K. Give prompt written notice to BWR whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of BWR's services, or any defect or nonconformance of the work of any Contractor. L. Furnish, or direct BWR to provide, Additional Services as stipulated in Attachment SC, Article II of this AGREEMENT or other services as required. M. Bear all costs incident to compliance with the requirements of this Article IV. 4 ATTACHMENT CO COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON HOURLY RATES A. Basic Services: Compensation to BWR for the Basic Services in Attachment SC shall be the lump sum of SEVENTY-SEVEN THOUSAND EIGHT HUNDRED DOLLARS ($77,800.00.) The basic services are based on 30 plan sheets of approximately 9,130 LF of utility relocations. B. Surveying Services: Compensation to BWR for the Surveying Services in Attachment SC shall be reimbursed at actual cost times a multiplier of 1.10. The estimated cost for the surveying services not to exceed is TWENTY-EIGHT THOUSAND SEVEN HUNDRED SIXTY DOLLARS ($28,760.00.) The surveying services are based on approximately 9,130 LF of water and sanitary sewer utilities ($3.15 per LF.) If BWR sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment SC, BWR will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. C. Schedule of Charges for Additional Work: Position Rate/Hour Principal $150 Discipline Leader $135 Project Manager/Sr.Engineer $120 Engineer $ 85 Technician $65 Administrative $60 D. Rates for In-house Services Description Rate Bond $5.00 per plot Vellum $8.00 per plot Mylar $12.00 per plot Bluelines/Blacklines $0.45 per square foot Offset and Xerox Copies $0.10 per single side copy Offset and Xerox Copies $0.28 per double side copy GBC Binding(Reg. Cover) $4.00 per book E. Other Direct Expenses Other direct expenses are reimbursed at actual cost times a multiplier of 1.10. They include printing and reproduction expense, communication expense, and other miscellaneous expenses directly related to the work,including costs of work required to be done by independent persons other than staff members. ATTACHMENT TC TERMS AND CONIDITIONS OF AGREEMENT 1. DEFINITIONS: The term Owner as used herein refers to The term BWR as used herein refers to Bucher,Willis&Ratliff Corporation,its employees and agents;also its subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Bucher,Willis & Ratliff Corporation pursuant to the AGREEMENT. 2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK required by the AGREEMENT by altering,adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in BWR's cost of, or the time required for, the performance of any part of the Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINIATION: The obligation to provide services under this AGREEMENT may be terminated by either party upon ten days' written notice. In the event of termination, BWR will be paid for all services rendered and reimbursable expenses incurred to the date of termination and,in addition,all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall BWR or its subcontractors be liable in contract, tort, strict liability, warranty,or otherwise for any special,indirect,incidental or consequential damages,such as loss of product,loss of use of the equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operation or other equipment or systems. 5. INFORMATION FURNISHED BY OWNER: Owner will assist BWR by placing at BWR's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. BWR shall have no liability for defects or negligence in the Services attributable to BWR's reliance upon or use of data, design criteria, drawings, specifications or other information furnished by Owner and Owner agrees to indemnify and hold BWR harmless from any and all claims and judgements,and all losses,costs and expenses arising therefrom. BWR shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specification or other information furnished by Owner to BWR that BWR may reasonably discover in its review and inspection thereof. 6. INSURANCE: BWR shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Conunercial General Liability Worker's Compensation General Aggregate $2,000 Each Accident $500 Automobile Liability(Any Auto) Professional Liability CSL $1,000 Annual Aggregate $3,000 7. SUBCONTRACTS: If, for any reason, at any time during the progress of providing Services, Owner determines that any subcontractor for BWR is incompetent or undesirable, Owner will notify BWR accordingly and BWR shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. 8. OWNERSHIP OF DOCUMENTS: All drawings,reports data and other project information developed in the execution of the Services provided under this AGREEEMENT shall be the property of the Owner upon payment of BWR's fees for services. BWR may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by BWR will be at Owner's sole risk and without liability or legal exposure to BWR,or to BWR's independent associates or consultants, and Owner shall indemnify and hold harmless BWR and BWR's independent associates and consultants from all claims,damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle BWR to further reasonable comepensaion. BWR may reuse all drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in BWR's other activities. Any reuse by BWR will be at BWR's sole risk and without liability or legal exposure to Owner, and BWR shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. 1 BWR OWNER 9. POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that BWR has neither created nor contributed to the creation or existence of any hazardous, radioactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site,if any,and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performing the Services required by this AGREEMENT, BWR does not take possession or control of subject site, but acts as an invitee in performing the services, and is not therefore responsible for the existence of any pollutant present on or migrating from the site. Futher, BWR shall have no responsibility for any pollutant during clean-up,transportation,storage or disposal activities. 10. OPINION OF PROBABLE COSTS: BWR will furnish an opinion of probable project development cost based on present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by BWR hereunder will be made on the basis of BWR's experience and qualifications and represent BWR's judgement as an experienced and qualified design professional. It is recognized, however, that BWR does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices. 11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, BWR will furnish Construction Representation according to the defined scope for these services. BWR will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, BWR will endeavor to protect Owner against defects and deficiencies in the work of Contractors; BWR will report any observed deficiencies to Owner,however, it is understood that BWR does not guarantee the Contractor's performance, nor is BWR responsible for the supervision of the Contractor's operation and employees. BWR shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety of any person (except his own employees or agent) at the Project site or otherwise performing any of the work of the Project. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a BWR's employee or BWR's agent, the duties, responsibilities and limitations of authority of such Resident Project Representatives(s) will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Project begins. 12. PAYMENT: Progress payments may be requested by BWR based on the amount of services completed. Payment for the services of BWR shall be due and payable upon submission of a statement for services to OWNER. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this AGREEMENT will be added to BWR's compensation. If OWNER fails to make any payment due BWR for services and expenses within thirty (30) days after receipt of BWR's statement for services therefore,the amounts due BWR will be increased at the rate of one percent(1%)per month from said thirtieth (30th) day, and, in addition, BWR may, after giving seven (7) days' written notice to OWNER, suspend services under this AGREEMENT until BWR has been paid in full,all amounts due for services,expenses and charges. 13. ARBITRATION: No arbitration arising out of,or relating to,this AGREEMENT involving one party to this AGREEMENT may include the other party to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and BWR each are hereby bound and the partners,successors,executors, administrations and legal representatives of OWNER and BWR are hereby bound to the other party to this AGREEEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants,agreements and obligations of this AGREEMENT. Neither OWNER nor BWR shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other,except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent BWR from employing such independent associates and consultants, as BWR may deem appropriate to assist in the performance of service hereunder. 15. PURCHASE ORDERS: If a Purchase Order is used to authorize BWR's Services, only the terms, conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT,then this AGREEMENT shall prevail and shall be determinative of the conflict. 2 BWR OWNER Opinion of Probable Construction Costs Prepared by: Todd Hebert, EIT Reviewed by: Jeff Ground, PE US 78 CSJ 0281-02-048 Waterline and Sanitary Sewer Line Replacements Item No. Item Description Unit Quantity Unit Cost Cost WATER LINE ITEMS 1 8"Water Line LF 2690 $28.75 $77,337.50 2 12"Water Line LF 3250 $42.00 $136,500.00 3 Jack&Bore 18"Casing(8"WL) LF 400 $143.00 $57,200.00 4 Jack&Bore 22"Casing(12"WL) LF 200 $169.00 $33,800.00 5 8"Gate Valve EA 12 $1,000.00 $12,000.00 6 12"Gate Valve EA 8 $1,500.00 $12,000.00 7 Connect to Existing Fire Hydrant EA 8 $568.75 $4,550.00 Subtotal(WATER LINE ITEMS) $333,387.50 SANITARY SEWER ITEMS 1 6"Sanitary Sewer Line LF 100 $38.41 $3,841.30 2 8"Sanitary Sewer Line LF 1940 $37.61 $72,964.37 3 10"Sanitary Sewer Line LF 850 $77.04 $65,484.00 5 15"Sanitary Sewer Line LF 300 $62.50 $18,750.00 7 Jack&Bore 18"Casing(8"SS) LF 200 $143.00 $28,600.00 8 Jack&Bore 20"Casing(10"SS) LF 200 $156.00 $31,200.00 9 Jack&Bore 28"Casing(15"SS) LF 200 $204.00 $40,800.00 10 Wastewater Manhole EA 15 $3,774.96 $56,624.40 11 Remove Wastewater Manhole EA 12 $1,037.90 $12,454.80 12 Adjust WW MH 24"Lid EA 2 $800.00 $1,600.00 13 Cleanout EA 2 $1,200.00 $2,400.00 14 Concrete Encasement LF 400 $31.25 $12,500.00 15 TV Inspection LF 3,190 $1.88 $5,981.25 16 Locate Underground Utilities EA 6 $268.57 $1,611.42 . 17 Trench Safety and Support LF 2,590 $1.25 $3,237.50 Subtotal(SANITARY SEWER ITEMS) $358,049.04 SUBTOTAL $691,436.54 Construction Contigency(20%) $138,287.31 TOTAL $829,723.85 10/02/2001;5:55 PM Bucher,Willis&Ratliff Corporation const-cost-estimate.xls City of Wylie SH 78 Utility Relocations Prepared by: Bucher, Willis& Ratliff Corporation Proposed Plan Sheets Jeffrey S. Ground, P.E. 02-Oct-01 Sheet No. Pipe Length Description 1 Cover 2 General Notes/Location 3 Horizontal Control/Location Map 4 Horizontal Control/Location Map 5 300 Relocation of 8" WL at Jackson Ave. 6 300 Relocation of 12"WL at Ballard Ave. 7 300 Relocation of 8"WL at 4th Street 8 1150 Relocation of 8"WL Sta 511+50 to Sta 516+00 (Begin 4th St.to btwn 5th St. and Brown St.) 9 Relocation of 8"WL Sta 516+00 to Sta 521+00 10 Relocation of 8"WL Sta 521+00 to Sta 523+00 11 2950 Relocation of 12"WL Sta 541+00 to Sta 546+00 (Begin 1,600 ft east of Brown St.to 150 ft past Eubanks Ln.) 12 Relocation of 12"WL Sta 546+00 to Sta 551+00 13 Relocation of 12"WL Sta 551+00 to Sta 556+00 14 Relocation of 12"WL Sta 556+00 to Sta 561+00 15 Relocation of 12"WL Sta 561+00 to Sta 566+00 16 Relocation of 12"WL Sta 566+00 to Sta 570+50 17 940 Relocation of 8"WL Sta 569+00 to Sta 574+00 (Begin Eubanks Ln. to east end of Project) 18 Relocation of 8"WL Sta 574+00 to Sta 578+40 19 550 Relocation of 10" SS at Willimas St. (550 If w/bends) 20 Relocation of 10" SS at Willimas St. 21 300 Relocation of 10" SS Sta 494+00 to Sta 497+00 (Begin alley btwn.Jackson Ave. &Ballard Ave.to 300 ft east) 22 100 Relocate Cleanouts (Alley btwn.l st St. &2nd St. at SH 78 and 2nd St. at SH 78) 23 700 Relocation of 8" SS Sta 518+50 to Sta 523+00 (Begin 5th St.to Brown St.) 24 Relocation of 8" SS Sta 523+00 to Sta 525+50 25 300 Relocation of 8" SS at Brown St. 26 300 Relocation of 15" SS at NTMWD 27 940 Relocation of 8" SS Sta 569+00 to Sta 574+00 (Begin Eubanks Ln.to east end of Project) 28 Relocation of 8" SS Sta 574+00 to Sta 578+40 29 Details 30 Details 9,130 Total Linear Feet of Potential Utility Relocation 10/02/2001; 5:54 PM Bucher,Willis& Ratliff Corporation sheet list.xls Project Name: e- : ',-i a `_ BW&R PROJECT COST ESTIMATE Proj.Mgr: S Job No. Job No. Job No. �JFIF r ,. P-I-C: Office: DAV` Task Name Task Name Task Name TOTALS Service na a, Code Service Code Description Rate Hours Salary Hours Salary Hours Salary Hours Salary Project Management 10 Partner v 00 ,,,2 100 200 50 7 350 11 Project Manager ,. ,, ®.00 „ 2• 480 „ 480 240 30 1200 SUB-TOTAL 14 580 16 680 7 290 37 1550 Task Management 20 Project Civil Engineer 7041144. ,. ;,,,,, fj 2040 °;+ 2400!` 111 4440 SUB-TOTAL 51 2040 60 2400 0 0 111 4440 Eng./Plan./Arch.Labor 40 Civil Engineer ' 2�, ,,$0 5100 WM 3400 t ;,,,.; ;; 300 8500 SUB-TOTAL 180 5100 120 3400 0 0 300 8500 Technical Labor 70 Technican .V ,,, , A l 1 6283 1 3900 87 474 10270 SUB-TOTAL 290 6283 180 3900 4 87 474 10270 Construction Services 87 i C` Fj.. . A MV:Ott ®; 800 20 800 SUB-TOTAL 0 0 0 0 20 800 20 800 Clerical 90 Word Processor h,w. .- 160 iff 200 18 360 SUB-TOTAL 8 160 10 200 0 0 18 360 TOTAL LABOR 543 14163 386 10580 31 1177 960 25920 OVERHEAD I, 22804 17034 1894 41732 PROFIT 65500 5545 4142 461 10148 LABOR+O.H.+PROFIT 42512 31756 3532 77800 Reimburisble Expenses 501 Survey ' 1:00261451 26145 „<� I M1 26145 26145 SUB-TOTAL 26145 0 0 0 26145 TOTAL EXPENSES 26145 0 0 26145 Profit Factor "MN 2615 0 0 2615 EXPENSES+PROFIT 28760 0 0 28760 PROJECT TOTALS 71271 31756 3532 106560 10/02/2001; 8:03 PM Bucher, Willis & Ratliff Corporation Budgetsummaryl.xls ek> 8 gOJEET-Ot- S / TA.N.I. 0a9 a� STA. .,I.tS 0 3ootffBtlWi-7 Sq 78 , .csog — •—'T•— ir000 --�. ,�r..l �l�•--•Q•'—••-en.nn ,�—•�•...._.— _ 5 ' • d .'' ?e 3 �+ 0MIT- L . Cs O }s;de ROW O ry L L, P-E Tf,, •e1, ,.. GV JOSEP S. JA CUS¢A 1 / 61 3 -• . 1190E•9PC E..../C..% 2 V�� 1,�\`so f�G`= /� /e`v The -01 o..earing on /90 1,f 5‘"41't t is doc -nt was l • outhori -d by foseph S. Joncusko, P.E. 761 4 on S g +J. 3coLF4. SawL I S 495400� y �L — — \' sx to soc oo- Y. n ./-Th r ` 5oS•oo -'1—Q— �,�p� - ..�... ••—.•—. =gin / OI+ ,I Signature of Engineer t Dore / `' IISo IS D{ e> wi- 4 `r ®Texas Deportment of Transportat!or. o © zoos tr PROJECT LAYOUT Pro op sexl Wallrl;ne elout f Ior, SCALE: I- • 250' O(Slr» E[g.e p SHEET 1 0� ca.v»Its\ 6 SIP 2001 15691 641 SII 7 Stall OISIA:rf Calm. f"rr` TEXAS DALL S . coLL IN .. 5.'18 7 (9,0++ ii 8 x, . 11 5:.\\N‘N...., ZTSOLF of r WI— 6 51.04S 8 —7— ' ,•‘-.''' `:'--t^;— ---=-'—'---))—5.251P-(.-—-..---.--‘-—-—1-537/ 0 -*—.17-—.-—-.-"iTs'ni,—'—-—'—''—-—-—•—•+"•—— —•—" ',.7, _, , '''—'^— S-(4 "--—'—-.--—'—s-se-n• — . 3 •-•:‘...\a • = •In N..-.4. . .....,. ri 2 ..t,.. 8 •-•--ro'F'' •\g , ‘0......... .4411,1• 1 ?*: ,; JosEe S. J USKA 11,-PC'''..e.0 i T E4i13f 9..••..,,....Y...--; .`!' -.... eS '••• •••'\kf.,\_.- ^... •"•,.›.,, ...%. The seal opp oring on this docum t was ...... authorize by 4••• -..... Joseph S. Jon uska, •r-k•4 .1 P.E. 76143, n ___ . ...,, . . . si,e's , ..,,•,,, • 4.:s. N .,. ?+' c .• Prbpostcl waltrIfyie CIOCAAOVIS g Si goo we..ot EnsOnna° 8".E ____-' el-exas Department of Transportation 4"A-- Z/ © 2001•/. 4\ e- ,..j.. 4'4 ci;\ , . 1 PROJECT LAYOUT .. so.i.f• i- • Z50 SHEET 2 OF ° uotAbt.•lo.../Ecr. '•'•:•' SW1-t 2 of 2 . ... cnonics '16"°— SEP 2001 (5 89/ 1AM •SH' .7 i — NO PROJECT 54•1C 01118141 COuNIT - ''',!,f' C5.0 oni-o2- oe se,>, ..O SI, 578.40 N. '"r" l'ExAS DALLAS COLL IN c.,,, 4.0444 U411108 4CM 1 . .... - co .- • --- . - .. ... - . ... . .. - - • • • . .. . ..... 1 OMIT' Peat' Clne y1:,LV .; 4. 4.. BEGIN PROJECT d STA. 47,25 sNTe / 465•00- T —.—i7o•oo - '; — j^ — — .Oo — -S(-'• R—•— _ _. `� y 1'. , rut / °P4lT— /Oufslde Tx DOT IZOW tE Of T♦ // JOSEP . JANCUSKA 1 q'. 7 143 i '�. III-E's.pr TERE G`��- 4cs t�\ON EN ��y e seal op oring on this docun nt was outhorize by D Joseph S. Jo uska, '* P.C. 16143 on T, 1— , _ / 161il ...E. r, 0.4 • Sioncrure or EnOinear t Dare rTexos Department of Transportation ) 2001 • PROJECT �t== SA1\-1 T A P. LAYOUT I r t `/ ,�`r.�......��.�... `.~j Yv 1'` is R� ��1�.�1 I(i/y�`� SCALE: 1' . 250' 1�. SHEET 1 Or Plv r , rm..rm...10 MO.([,.q I L I C m....�._...__......�.,_� �.� ......._.,...,�.�. cx.rwi<s y 6,[ o s,.c STP 2001 15091'M1d Si�t7� n/ • c'c` TEXAS DALLAS c COLON S« TO R i 8rl Y 130_ L: e{ $!IS<, /1p' l'c.: J N.... 1 Sk E4 . 1 N Lr ci g9 • �/ � u o \ —` SE.-OF..tf\ `7 'f _ / JOSEP S. ANCNSKA �A 1 e r1 •• 143 = \ 30o LF ci 17 .S Th seal 0pp aring on this docum twos x •:\ t Z_4-;• a`• authorize by \ ?t5 Joseph S. Jan uska, P.E. 76143, n es' • 1a i ti t �h t o� . VJ i 44 \ Signature of Engineer t Date /y0• ®Texas Departmentof Transportation i �F� © zoos ,.... .., "..t. . i n f I1_ • SA '�f lt.i iz / 2xi l,. l- f S \•, • PROJECT LAYOUT SHEET 2 or 2 5 Kilo. lto.Ro. • el..u0 lteeut AID reOdU ue °t V," T '7 1. \ ..+res 6 SIP 2001 t5891 MIA SHN1; t S'"1�r, I �_. C. HD PROD T Ce '� A"—"' CSJ: 0 .1-02-0ee •r00., C: "SIC eif le l<t [Hurl; Aro( STA. sle•eo •o\ TEXAS O'cL'AS coS;IN WHIR. WYLIE CITY COUNCIL AGENDA ITEM NO. 3 November 13, 2001 Issue Consider and act upon a Resolution casting ballots for the Board of Directors for the Central Appraisal District of Collin County, Texas. Background The City of Wylie has 28 votes that they may cast for the Board of Directors of the Central Appraisal District for 2002 through 2004. All votes may be cast for one candidate or distributed among any number of the nominees. Attached is the list of nominations submitted by cities and school districts within Collin County. The vote must be submitted to the Chief Appraiser before November 15, 2001. Other Considerations Section 6.03 (g) of the State Property Tax Code requires that the action be taken by resolution. Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Resolution Letter Ballot Nominations Prepared by evi d y Finance City pproval RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY TEXAS, CASTING BALLOTS FOR THE BOARD OF DIRECTORS FOR THE CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY IN ACCORDANCE WITH SECTION 6.03 (G) OF THE STATE PROPERTY TAX CODE, AND DIRECTING THAT THE CITY SECRETARY NOTIFY INTERESTED PARTIES OF SAID ACTION. WHEREAS, the Wylie City Council is required by the State Property Tax Code to cast votes for the Board of Directors of the Central Appraisal District; and WHEREAS, said votes must be cast no later October 15, 2001, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS THAT: SECTION 1: The Wylie City Council casts votes for to become a member of the Central Appraisal District for Collin County Board of Directors. SECTION 2: The City Secretary is hereby directed to notify all appropriate parties of this action. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY ,OF WYLIE, COLLIN COUNTY, TEXAS, ON THIS 13TH DAY OF NOVEMBER, 2001. John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY October 16, 2001 Susan Shuler, City Secretary City of Wylie 2000 State Highway 78 North Wylie, TX 75098 Dear Ms. Shuler: Enclosed you will find the ballot listing the nominees for the Board Of Director positions for the Central Appraisal District of Collin County. The candidates are listed alphabetically by their last name. Each voting unit must vote in open meeting, report its vote by written resolution, and submit it to the chief appraiser before November 15, 2001. Each unit may cast all its votes for one candidate or distribute the votes among any number of the candidates listed. Since there is no provision for write-in candidates, the Chief Appraiser may not count votes for someone not listed on the official ballot. Sincerely, e immie C. Honea Chief Appraiser JCH/mlr Enclosure 2404 K Avenue * Plano, Texas 75074-5911 * TELEPHONE-METRO 972-578-5200 * MCKINNEY 972-562-1404 ADMINISTRATION FAX 972-578-0733 * APPRAISAL FAX 972-578-0933 * www.collincad.org FORM#202.02.00 AIESR * sir i CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY OFFICIAL BALLOT ISSUED TO: City of Wylie NUMBER OF VOTES: 28 FOR: BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY. RONALD CARLISLE VOTES GEORGE G. CRUMP VOTES DR. LEO FITZGERALD VOTES OLIN JAYE VOTES WAYNE MAYO VOTES GARY RODENBAUGH VOTES HARRY TIBBALS VOTES at:4,-01a' e k48`44"' OCTOBER 16, 2001 Jimmie C. Honea, Chief Appraiser Section 6.03 (g) of the State Property Tax Code requires the above action be taken by resolution, therefore, please attach a copy of the resolution to this ballot and return to the Chief Appraiser, at 2404 K Avenue, Plano, Texas 75074-5911, before November 15, 2001. 2404 K Avenue * Plano, Texas 75074-5911 * TELEPHONE-METRO 972-578-5200 * MCKINNEY 972-562-1404 ADMINISTRATION FAX 972-578-0733 * APPRAISAL FAX 972-578-0933 * www.collincad.org FORM a 202.02.00 AIESR 2002-2004 CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTOR'S NOMINATIONS RONALD CARLISLE Is a current board member and has served since 1/94. Nominated by Frisco ISD and McKinney ISD. GEORGE G. CRUMP Mayor of the City of Farmersville. Nominated by the City of Farmersville. DR. LEO FITZGERALD Is a current board member and has served since the beginning of the Appraisal District, 1/80. Nominated by Plano ISD and McKinney ISD. OLIN JAYE Is a current board member and has served since 1/94. Nominated by the City of Plano and McKinney ISD. WAYNE MAYO Is a current board member and has served since 1/98. Nominated by the City of Richardson and McKinney ISD. GARY RODENBAUGH Is a current board member and has served since 1/01 . Nominated by the City of Allen, Allen ISD, City of Lucas, Lovejoy ISD and McKinney ISD. HARRY TIBBALS Nominated by the City of Wylie. WYLIE CITY COUNCIL AGENDA ITEM NO. 4 November 13, 2001 Issue Consider and act upon a Preliminary Plat for the Pheasant Creek Addition, being all of a certain 89.122 acre tract of land, situated in the N. Atterberry Survey, Abstract No. 1099 in Collin County, the N. Atterberry Survey, Abstract No.6 in Rockwall County, and the L.B. Outlaw Survey, Abstract No. 173 in Rockwall County.. Texas, and being all of a called 117.149 acre conveyed to Leo Wiman as recorded in Volume 3 166, Page 632 of the Deed Records of Rockwall County, Texas. Background The Preliminary Plat for the Pheasant Creek Addition includes 89.122 acres and will create 292 lots. The property is zoned Single-Family Residential - 3 (SF-3), allowing a minimum lot size of 7,200 square feet. The Plat dedicates 5.77 acres for public park land and floodway as well as additional right-of-way for the widening of County Line Road and Troy Road collector streets. Section 2.9 of the Paving Standards states that "Alleys shall be provided in all residential areas and shall be paved with concrete. The City Council may waive the residential alley requirement upon determination by the Council that it is in the best interest of the City." Alleys are provided throughout the proposed addition, except for those lots on the north which back on to the floodway. Approval of the Plat as submitted will constitute a waiver of the required alleys at this location. Section 5.03 of the Subdivision Regulations states that "Where subdivisions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at his sole expense." An easement is provided along County Line Road for this screening. Financial Considerations Plat application fees - Paid The applicant is aware that a Final Plat must be approved prior to the initiation of infrastructure construction or issuance of a building permit. Other Considerations 1. The Preliminary Plat complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. The waiver of alleys backing on to the floodway is made a condition of approval of the Plat as submitted. Board/Commission Recommendation At the October 16, 2000, Planning and Zoning Commission meeting, the Commission voted to recommended approval of this case with the following stipulations: • Wrought iron fencing on the lots adjacent to the park • Landscape screening along Vinson Road - wood with masonry columns • Waiver of alley adjacent to park Staff Recommendation Approval of the Preliminary Plat as submitted, including as conditions of approval the waiver of alleys serving Lots 40 through 69 as well as 80 and 81 of Block A. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat 7) - , .' • 7? r 4/ LA-J Prepared by ' evie by Finance City Mana royal WYLIE CITY COUNCIL AGENDA ITEM NO. 5 November 13, 2001 Issue Consider and act upon a preliminary plat for the Southplace Estates Phase IV Addition, generally located east of South Ballard Avenue (F.M. 2514) and the Southplace Estates Phase I and II Additions and south of Stone Road (F.M. 544) and the Wylie Independent School District Complex, being all of a certain 8.674 acre tract of land, situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Background The Preliminary Plat for the Southplace Estates Phase IV Addition includes 8.674 acres and will create 29 lots. The property is zoned Single-Family Residential—2 (SF-2), allowing a minimum lot size of 8,500 square feet. Financial Considerations Plat application fees — Paid The applicant is aware that a Final Plat must be approved and development impact fees paid prior to the initiation of infrastructure construction or issuance of a building permit. Other Considerations The Preliminary Plat complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie, and is a complementary expansion of the earlier approved Southplace Additions. Board/Commission Recommendation At the November 6, 2001, Planning and Zoning Commission meeting, the Commission voted 7-0 to recommend approval of this case. Staff Recommendation Approval. The Departments of Development Services, Public Works and Fire concur with this recommendation. Attachments Preliminary Plat Prepared by ' eview byFinance CityMana royal � � WYLIE CITY COUNCIL AGENDA ITEM NO. 6 November 13, 2001 • Issue Hold a Public Hearing to consider and act upon a change in zoning from Agriculture (A) to Planned Development (PD) for Single-Family residential and Village Center Mixed Uses, for a 470.00 acre tract of land, being part of those certain tracts conveyed to Joanne Venderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded in the Collin County Clerk's File No. 95-0005773 and being part of those certain tracts described in the deed to George S. Richards as recorded in Volume 775., Page 55 of the Deed Records of Collin County, Texas, and being all of a called 1.00 acre tract described in the deed to F.D. Feagin et ux, of record in Volume 914, Page 697, of said Deed Records, and also being all of Tract 2 and part of Tracts 1 and 4 described in the deed to Jimmie Jane Feagin recorded in Volume 775, Page 58, of said Deed Records, and being part of a called 2 10 acre tract described in the deed to F.D. Feagin et ux recorded in Volume 757_ Page 824 of said Deed Records_ and being all of that certain tract described in the deed to Edwin Collins Cook as recorded in the Collin County Clerk's File No. 93-0039237, and being all of that called 69.25 acre tract described in the Quickclaim Deed to Silas M. Hart and Charlene H. Hart described in the Collin County Clerk's File No. 96-0091287, and being situated in the J.G. Jouett Survey, Abstract No. 475_. the Allen Atterberry Survey, Abstract No. 23, and the Aaron West Survey, Abstract No_ 979, City of Wylie. Collin County, Texas. (Zoning Case No. 2001-13) Background The applicant is requesting rezoning of the subject 470 acres in order to permit a master planned multi-use community comprising of single-family residential neighborhoods of varied densities, multifamily residential apartments, retail uses and private open spaces. The proposal is intended to create a Village Center community as defined by the Comprehensive Plan, and, through such comprehensive planning and coordinated design, better address several development constraints of the property. The subject property was annexed into the City of Wylie as three separate tracts between April and September of2001. Except where the subject property adjoins W.A. Allen and Stone Roads, all of the lands abutting directly on to the subject property on all sides remain within unincorporated Collin County and are not subject to the development regulations of the City of Wylie. These adjoining properties are generally sparsely developed in scattered rural acreage patterns, and are not platted except for the Country Road Addition in the northwest corner of Stone and Troy Roads, the Beaver Creek Addition east of Beaver Creek Road and Shoreline Drive, and the Hillside Bay Mobile Home Park west of Shoreline Drive The Concept Plan of the Planned Development District illustrates a centrally-located retail Village Center, surrounded by residential neighborhoods of varied densities, linked by parkways and open space corridors. A rural roadway circulation pattern focuses the community inward toward the Center, with limited points of access/egress to and from exterior regional streets. The subarea components will be designed and constructed in complementary phases. Of the total 470 acres, approximately 30°%° will remain undeveloped open space, 65% will be developed as single-family residential lots and 3% will be allocated to multifamily residential and retail uses. The Development Conditions of the Planned Development District establish a maximum number of residential dwellings of 1,350 single-family units and 250 multifamily units, or a total of 1,395 units if single-family dwellings are developed in place of the multifamily dwellings. Residential lot sizes range from 6,000 square feet to 8,500 square feet, allowing 70% to be 7,500 square feet or smaller. The PD establishes the minimum average lot size is at 7,500 square feet. The proposed minimum house size for all lot sizes will be 1,700 square feet, the currently required minimum for the SF-8.5 district. The PD requirements are based on the Zoning Ordinance's recently-adopted residential and the currently proposed nonresidential regulations, with certain limited modification. The Planned Development District is to provide an overall unified development pattern while encouraging individuality and choice within the neighborhoods. Public Comment Forms were mailed to fourteen (14) property owners within 200 feet of this request. One Comment Form AGAINST the proposal has been returned at the time of posting. Two written comments AGAINST the request have been received from neighboring residents beyond the legal notification area, most of whom are located within unincorporated Collin County rather than the City of Wylie. Financial Considerations Zoning Application Fee - Paid Other Considerations 1. The stated purpose of a Planned Development District is to provide for the combining and mixing of uses and regulations allowed in various zoning districts and to permit flexibility and innovation in the use and design of land and de\elopment. The large size and mixed-use intent of this request. and the several potential constraints to development imposed by the site itself, support its rezoning by a coordinated PD rather than separate zoning categories. 2. The Village Center concept of the Comprehensive Plan focuses residential uses around a central commercial/institutional core. Higher-density residences, including smaller-lot single-family detached or attached dwellings or multi-family dwellings, are to be located nearest to the non- residential Village Center to encourage pedestrian access. Lower-density residential uses are to radiate outward from this central core, decreasing in density as distance from the Village Center increases. The Comprehensive Plan recommends a Village Center for the intersection of Stone Road and Shoreline Drive. Suburban Residential uses, single-family residential lots ranging from 8,500 sq. ft (1/5 acre) to one acre in size is recommended for properties east of Troy Road. The Comprehensive Plan recommends Country Residential, with single-family of one acre minimum for the area west of Troy Road. The subject request to relocate the retail center along Troy Road and surround it with residential neighborhoods of mixed densities generally conforms to the Village Center concept and recommendations of the Comprehensive Plan, with the exception of the smaller lot sizes 3. Over 20% of the subject property is within the 100-year floodplain of Rush Creek and its tributaries. Additionally. major gas and electric transmission lines traverse the property in wide easements. These areas are not available for development, and divide the property into pockets of developable spaces which the Planned Development District anticipates developing into the residential neighborhoods, retail center and apartment complex. 4. The applicant is proposing to develop ;0273 acres or 64.6% of the total property as single-family residential lots. The Planned Development District limits the total number of single-family lots to 1,350, of which 70°i0 will be smaller than the 8,500 square feet recommended by the Comprehensive Plan. 1 he minimum average lot size shall be not less than 7,500 square feet. The general distribution of lot sizes is illustrated on the Concept Plan, but there will still be a mixture of lot sizes within each of the several residential neighborhoods. The minimum house size is established to be not less than 1,700 square feet, the same size as required by the Zoning Ordinance for the SF-8 5 district. The Planned Development District proposes to apply the requirements of the SF-8.5 Single- Family District, with the following modifications: ev oprn l .r trrlrt on Fi�op �r/ >< :..::::::. :.. .......................................; Re ittrcrit�#� :a Lot ett Uvcrall min :1v calpc 7.500 sq. ft. 8,500 sq.ft.minimum I vpc n ;I a ti_5nr, sq 11 min. I v pe B lu a ZSun ;q- It min. I ypc C Si rr 6.000 sq ft. min. Lot frtrlfft • l v pc A• 70 It 70 ft. I ye 1\pc C 5U It. Yard Vary hcivm I; it and 35 II 25 ft. l v pc n: ;l i may- nntiv he ID It • I v pc B: max may he 15 ft. Ivpc C: >> may may he 15 ft.. R ar `att/ Lesser oI I(),,„ of lot depth or 20 ft. 30 ft. 10 IL. as nun depth is 100 IT Sicl� }'ftrd • I tt° ,II'lot c idth loft. current 7 ft. proposed I A - ft nn- ' I I.25 li corner 25 ft.for corner lots I vpc B: a It-min. ' I0.5 it corner I vpc C: 511 min /h 2511. corner x.tertr)� G (t[l fater-ul/ 75°/,, brick or,tune hod units or 100%,limited to brick or stone cenienticious;idtnp _ Accessory Iiuddmg n'' of loi 600 sq.ft. maximum 5. The applicant proposes the following modifications to the Basic and Desirable Standard point system of the SF-8.5 District. 1)ev r,>>f>enl t 01telitio t Proposed PI) RLgrrtrun.nt Trait fig#ting & Lighting at destinations& activities Lighting every 200 ft. along trail untishirt • Benches only on trails<6 it. Benches on all connector walks ?ed s rian Cra�stvalhs Suva cot and stained walks allowed Decorative pavers,brick or stone it/eti>zrllk 14Iriterirr/s i0l onn knish save-cut concrete,vkith 20%to 50%special paving :Iccent only ,ii cn ;sti;ilk,_ ramps and ❑ctlnlA centets xree ing of /nts`' Masonr, wall or landscape buffer Masonry wall only or no lots backing I3ttel:ing trt Str els onto streets J)i tant, from Villits;e 2.000 Feet nuuinuun 1,300 feet maximum E e rater 6. The applicant is proposing 8.45 acres or 1 .8°,0 of the total property to be multifamily residential, with up to as ntan as 250 dwellings Although this represents a potential gross density of 30 dwelling units per acre. the PD establishes a maximum permitted gross density of 15 dwelling units per acre which is the same as permitted by the Zoning Ordinance. The PD proposes to apply the requirements of the Multifamily District with the following modifications. L}evEFx�i�trtent CrmilUi<x�� • 13rof�os�cl L uirenter ......:..,.` t:;::.::;::::> ::':.::.: Fleigf:t I -t5 it or 2 stones 40 ft. Screening • of Limit ! MLtsomry v< huller Masonry wall only or no lots backing iliiackuv,•t,iStreetc onto streets " idleMrrt;rutt& 75'%) prick )r store units 100%brick or stone or cemcirui ious siding 7. The applicant is proposing 10 I I acres of retail uses, or 2.2% of the total property, for retail uses. The 10 acre Village ('enter could ultimately accommodate as much as 220,000 square feet of neighborhood sery ice-oriented offices and retail uses, based on the 50% maximum coverage permitted by the PD (the Zoning Ordinance limits lot coverage to 45%). The Planned Development District proposes to ti)llovv, the nonresidential requirements of the Zoning Ordinance with limited modifications. The PD limits nonresidential buildings to 2 stories, although building height is proposed to allow 45 feet rather than the current 36 feet maximum height. In order to locate retail uses and pedestrian spaces closer to the street, the PD proposes restricting parking as well as landscaping from within die nonresidential front yards. The PD proposes allowing landscape setecnin,_ as vyell as masonry ,calls for screening of service and loading areas. Allowed uses are to be thesame as specified vyithin the proposed Neighborhood Service District of the Zoning Ordinance (which. has not yet been adopted), except that only the following uses will be permitted • (iencral Merchandise or Food Store greater than 5,000 sq. ft. (currently requires SUP) • \Iotor \Vehicic Fueling Station (currently requires SUP) • Theater • \ccessory Outside Sales • Recreational/Entertainment S. Alleys shall not he required as part of this Planned Development District. Approval of the Planned Development District shall include approval of a waiver of alleys for all future subdivision plats submitted as a part of the PD. 9. The Conditions of the Planned Development District envision the enhancement of several natural features of the subject property, and this enhancement is intended to provide additional Desirable points to residential and nonresidential areas as detailed plans are submitted for consideration. These features include the following: • Preservation and restoration of wetland areas, at 10 points per acre. • Preservation of historic anti archeological sites, such as the cemetery, homesteads and 'Native \tncrican sites, at 10 points per site. • frail linkages to destinations outside of the development, at 20 points. • Provision of interpretive and educational elements along the trail system, at 10 points. 10. .A Tree Preservation Manage Plan shall be submitted by the applicant and approved by the Director of Planning prior to any ,Trading or construction of infrastructure improvements within the Planned Development District. The goal of this Preservation Plan shall be to preserve at least 25% of the existing riparian tree cover, 8 inches or larger caliper at a height of 4-1/2 feet above the ground. I I. Prior to the issuance of a certificate of occupancy for any dwelling unit, a Homeowners Association shall be established. yv ith City-approved bylaws recorded in the Deed Records of Collin County. This HOA shall be responsible for the ownership and maintenance of all non-dedicated common areas and open improvements within the Planned Development District. 12. Pic applicant is aWare that, if the fanned Development District is approved, a Detailed Site Plan must be approval by the Planning and Zoning Commission and the property must be planed prior to the issuance of any building permits. Board/Commission Recommendation This item vv as tabled at the October 16. 2(a)I meeting, when the Planning and Zoning Commission elected to continue the Public Hearing on November 6, 2001 in order to consider with the applicant certain issues of the original proposal. A Special Work Session was conducted on October 29, 2001 to consider these outstanding issues. 'ibis Agenda Report and the attached Conditions of Development reflect the applicant's modifications in response to concerns raised at these earlier meetings At the November 6, 2001 Planning and Zoning, Commission meeting, the Board voted 4-3 to recommend approval of the proposed zoning change. Decenting votes expressed concern for the smaller lot sizes. Staff Recommendation Approval of the requested rezoning. The proposed is generally consistent with the recommendations of the Comprehensive Plan, and the Conditions of the Planned Development District will insure the quality of development comparable to the proposed requirements of the Zoning Ordinance. The Departments of Development Services_ Public Works and Fire concur with this recommendation. Attachments Letter Explaining Revisions From Applicant's Design Representative (MESA Design Group) Revised Conditions for the Planned Development District Conceptual Development Plan Notification List and Response Forms Ordinance / IL 0- Prepared Rey ie%y ed Finance City Mana e proval MESA` delFigro.proup November 1, 2001 Mr. Claude Thompson Director of Planning City of Wylie City Hall Wylie, Texas Dear Mr. Thompson, Enclosed herewith is the revised document, "Conditions For Planned Development District". Revisions to this document reflect commitments made by Realty Development Trust during the Planning Commission Workshop of October 28, 2001. I think it is important to note that this document includes many elements of the currently pending revised zoning ordinance, which are incorporated without modification. These are intentional inclusions that reflect our desire to implement elements of the pending ordinance with adoption of our P.D. and to make certain that this development can proceed into the future with assurance that conditions critical to the project's success will not be revised with possible future revisions of the zoning ordinance. Therefore, our compendium of conditions, which appears to be a significant modification of your proposed ordinance, contains conditions of the ordinance without modification. Specifically these unmodified inclusions are: 1. Single Family a. Accessory Structure Front Yard b. Accessory Structure Side Yard c. Accessory Structure Rear Yard d. Accessory Structure Minimum Distance from Main Building e. Main Structure Height f. Accessory Structure Height 2. Multi-family a. Lot Area b. Lot Width c. Lot Width Corner Lots d. Minimum Dwelling Unit Square Footage e. Maximum Density f. Main Structure Front Yard g. Main Structure Side Yard h. Accessory Structure Minimum Distance from the Main Building i. Accessory Structure Building area j. Accessory structure Building Height III, d IL,OH, I 'ball/),<et,I 14.nuuny 1101) 90i I) IN, Ir..n-121)1 214 214/',-1 if.to i'nr .tilci n�ruuh.: 3. Non-residential a. Number of Stories b. Residential Proximity c. Front Yard Setback d. Side Yard setback e. Rear Yard Setback f. Non-residential use Adjacent to a Single family g. Non-residential Use Adjacent to a Multi-family While our proposed Planned Development Conditions include many requirements of the pending zoning ordinance without modification, it is also true that we have proposed a number of modifications. However, we firmly believe that the amended conditions proposed would enhance development for Wylie and create a better residential community. The areas of amendment are: 1. Lot Size: Variation of the lot sizes (as you define them) is necessary to capture the additional open space provided in our Development Plan which is not otherwise required for flood plain, easements, or streets. There are approximately 40 acres of developable land set aside as open space. Because this land area is not encumbered for development, it is reasonable to add this area to the land available for lots and in so doing attain a lot size which exceeds the minimums required by your proposed zoning ordinance. This principal is common in "Cluster Housing" projects and should be applied here due to the public benefit acquired in preservation of the wooded zoned located on this undeveloped land area. Therefore, our modification of the lot size is not made as a means of putting more lots on less land but as a means of creating an enriched development with ample open space. 2. Setbacks: Variations to the setback requirements are proposed in order to allow greater variation in the streetscape. Large setbacks on relatively small lots define a building envelope that is very rigid, discouraging architectural complexity, and limiting to the creation of projections (such as a side swing garage). For example, a 100 ft. deep lot with a 30 ft. rear yard and a 25 ft. front yard is only left with 45 ft. of building area. This building area is further constrained by two10-foot side yards. The potential building area ranges from 1800 to 2900 sf. This is a very constricted zone, which will result in a squarish and repetitive house design. Given the intent of your proposed zoning ordinance to promote diversity, this is an inconsistent effect. The setbacks endeavor to regulate through the creation of "space" what should be resolved through"Good Design". 3. Building Height: Our recommended changes to building height reflect our concern that the heights proposed in your pending zoning ordinance will not allow roofs with residential pitches. The large span of retail and multi-family structure will make the ridge of roofs greater than a six/ twelve (6/12) pitch exceed your height envelope. As a result roofs will tend to be flatter, less residential, and more industrial in their appearance. Our objective is to establish an architectural character for the community. This character will include higher pitched roofs and more overall residential compatibility. 4. Lot Coverage: The recommended lot coverages in our P.D. conditions reflect the lot coverage necessary to develop a viable retail project. 5. Treatment of Sidewalks: The issue of sidewalks is "continuity". Therefore, our concern is that the imposition of differing paving textures and patterns will simply obscure a visually coherent circulation system and give visual significance to areas in order to satisfy a zoning requirement rather than establish legibility and visual structure. Our experience has taught us that simple continuities are the threads, which hold a community together. 6. Screening and Buffering: Our modification of screening and buffering standards contained in the pending zoning ordinance is intended to allow the option of landscape screening. It is our firm belief that the reliance upon walls will create a city that completely separated itself from its streets and turned them into channelized flow-ways for cars. Landscape buffers not only achieve an effective screen but also enrich the streetscape. Most communities are moving away from walled developments and embracing the use of "live screens" which protect without the offensive feeling of enclosure. 7. Architectural materials: The restricted materials palette proposed in your pending zoning ordinance will result in a community that has lost richness of detail and the emotional response to visual diversity. It is our strong belief that a wider materials palette will enrich the visual qualities of Wylie. 8. Commercial Area Landscaping: The stated intent of the village center is to achieve the attributes of a village township within the commercial core. Therefore zoning ordinance standards which inject setbacks and buffers between the retail and the street are encouraging a condition that is completely opposite of that of a village center. Instead, it is encouraging development of suburban "strip" centers. Our intent is to develop a more urban retail village in which the street and the store are brought closer together. The above is a general presentation of why we modified the standards contained in the pending zoning ordinance. Our motive is best stated in the closing of your staff recommendation, " the proposed is consistent with the recommendations of the comprehensive plan". I think that your staff summary of our application was very accurate when a relationship between our plan and the community's objectives was identified. However, there are a few facts, which I think need refinement. These are: 1. We have now modified our mixture of lots so that more 8500 sf. lots result. The mixture is now 30% 6000 sf. lots, 40% 7,500 sf. lots, and 30 % 8500 sf. lots. 2. Our commitment to open space is not determined by land area needed for flood plain. Of the 140 acres set in open space, 100 acres is required for flood plain. This leaves 40 acres of developable land set aside for open space enhancements (exclusive of streets and other right of ways). 3. Much of the open space we are offering is public open space, not private open space as suggested on page one of your summary. 4. The chart which summarizes the differences between your pending zoning ordinance and our recommended P.D. conditions, suggests that our proposed 36 ft. height could accommodate 3 stories. Our proposed P.D. conditions clearly state that the height is limited to two stories. 5. We have enlarged our minimum unit size to 1700sf. for all lot types; 6. We have increased the minimum average lot area to 7500 sf. 7. We have increased the accessory structure rear yard on double front lots to 25 feet. 8. We have limited the multi-family density to 15 units per acre. 9. We have increased the multi-family side yard to 20 feet, consistent with the pending Zoning Ordinance. 10. We have further defined landscape screen and provided for city approval of the screen design. 11. We have added uses to the village center to allow the YMCA facility. 12. We have increased the minimum porch size to 40 sf. 13. We have more detailed criteria related to development of a more urban village center. I hope this review of our proposed conditions proves helpful and gives further insight into our plan. If I can answer any further questions, please do not hesitate to call. Sincere • OP // • Robi H. Mc'/ffrey AIA, AICP ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2001-13 TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLA[SE; AND PROVIDING FOR AN EFFECTIVE DATE. Vs I I EREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Teas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, hay e given the requisite notices by publication and otherwise, and after holding due hearings and atlording a full and fair hearing to all property owners generally and to o\krners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE. BF IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE_ TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of PD, Planned Development District Classification, said property being described in Exhibit "A and B" attached hereto and made a part hereof for all purposes_ SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided Ior in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION S. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so declared to be invalid, illegal or unconstitutional. and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the lavv and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof by the enactment of this Ordinance, shall not be construed as abandoning any action nogv 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. PASSED .AND) APPROVED t) by the City Council of the City of Wylie, Texas, this day of 200 I . By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary Exhibit "A" 7_C#2001-13 LEGAL. DESCRIPTION BEING a 470.00 acre tract of land situated in Collin County, Texas and being a part of the J.G. Jouett Survey, Abstract No 475. the Allen Atterberry survey, Abstract No. 23 and the Aaron West Survey. Abstract No 979 and being part of those certain tracts of land conveyed to Joanne Vanderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded in Collin County Clerk's File Number 95-0005773 and being part of those certain tracts of land described in deed to George S. Richards as recorded in Volume 775, Page 55, Deed Records, Collin County, Texas and being all of a called 1.00 acre tract of land described in deed to F.D. Feagin et ux, of record in Volume 9 I 4. Page 697, said Deed Records, and also being all of Tract 2 and part of Tracts I and 4 described in deed to Jimmie Jane Feagin of record in Volume 775, Page 58, said Deed Records, and being a part of a called 2.10 acre tract described in deed to F.D. Feagin et ux, recorded in Volume 757, Page 824, said Deed Records and being all of that certain tract of land described in deed to Edwina Collins Cook as recorded in Collin County Clerk's File No. 93-0039237_ and being all that certain tract of land described in Quitclaim Deed to Silas M. Hart and Charlene H. Hart. a called 6925 acre tract of land as recorded in Collin County Clerk's File No. 96-0091287, said 470.00 tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at the centerline intersection of Beaver Creek Road and Fox Hollow, said rod being an angle point in the West line of BEAVER CREEK ESTATES, SECTION ONE. an addition to Collin County. Texas; THENCE North 86'24'36- West, with the centerline of said Beaver Creek Road, a distance of 937.39 feet to a 1/2 inch iron rod set for corner. THENCE North 89°14-3 I" West, a distance of 991.62 feet to a 1/2 inch iron rod set for corner in the City of Dallas take line (Lake Ray Hubbard), from which a City of Dallas concrete monument bears South 18°18'59" West, a distance of21 .54 feet; THENCE along said take line the follovying galls. North 18'06'55- East. a distance of271.42 feet to a 1/2 inch iron rod set for corner; North 43°I5'40" West, a distance of 37724 feet to a 1/2 inch iron rod set for corner; South 63°02'34" West, a distance of 399.88 feet to a City of Dallas concrete monument found for corner, South 43°54'58-" East. a distance of 28 I .99 feet to a City of Dallas concrete monument found for corner, South 21°32'32" West, a distance of 152.62 feet to a l/2 inch iron rod set for corner in the centerline of said Beaver Creek Road; THENCE North $ft 52'29 . \Vest, a distance of ,6.36 feet to a point in said road; THENCE North 51'28'20" West, a distance of 576.35 feet to a 1/2 inch iron rod set at the centerline intersection of said Beaver Creek and Troy Road; THENCE North 01 C41 '22- East, a distance of 159.27 feet to a point in Troy Road; THENCE North 01'09'54" West, a distance of 171.46 feet to a point in Troy Road; THENCE North 06` 15' 10" West, a distance of 71.55 feet to a 1/2 inch iron rod set for corner in Troy Road and West line of aforesaid J G .louett Survey, said rod being the Northeast corner of J.D. Shelby Survey, Abstract No. 819 and the Southeast corner of aforesaid Aaron West Survey; THENCE North 89"07'04" West, with the common line of said J.D. Shelby Survey and said Aaron West Survey, a distance of 1048.38 feet to a 5/8 inch iron rod found for corner, said rod being the Southeast corner of a tract of land as described in Deed to Billy Ray Burdine, recorded in Volume 825, Page 240, Deed Records_ Collin County, Texas; THENCE North 00°23' II" East, a distance of 546.44 feet to a 1/2 inch iron rod found for corner, said rod being the Southeast corner of a tract of land as described in deed to Jack M. Hankey, recorded in Volume 3394, Page 60, said Iced Records; THENCE North 00°22'53" West, a distance of693.82 feet to an old barbed wire fence corner post for corner_ being the northeast corner of a tract of land described in deed to Jack M. Hankey as recorded in Volume 3394. Page 60 of the Deed Records of Collin County, Texas; THENCE North 8835'09" West, along the north line of said Hankey tract, a distance of 1578.94 feet to a 1/2 inch iron rod set for corner, being the northwest corner of a tract of land described in deed to Julie Littlejohn as recorded in Volume 3794, Page 267 of the Deed Records of Collin County, Texas; THENCE South 02'52'23" West, along the west lines of said Littlejohn and Hankey tracts, passing a 1/2 inch iron rod set at 180. 18 feet for the most southerly southeast corner of said Cook tract and continuing in all a total distance of 313.37 feet to a 60-D nail set in a gravel road; THENCE: North 891)2'27" West. along the centerline of said gravel road, a distance of 347.09 feet to a 60-1) nail found for corner. THENCE North 01''39'30" East, passing a 1/2 inch iron rod set at 127.26 feet for the most southerly southwest corner of said Cook tract and continuing in all a total distance of 655.44 feet to an iron fence post for corner. being the northeast corner of a tract of land described in deed to Clyde Parker as recorded in Collin County ('lerk's File No. 2000-0037949; THENCE: North 86'45'13" West, along the north line of said Parker tract, a distance of 190.31 feet to an iron fence post for corner; THENCE: North 01`47'34" East_ along the east line of a called 3.99 acre tract of land conveyed to John Rice Housewright, et al, a distance of 122.06 feet to an iron fence post for corner; THENCE North 89'26'18" West, along the north line of said Housewright tract, a distance of 464.39 feet to a 1/2 iron rod set for corner on the east right-of-way line of said F.M. 544; THENCE. North 02"12'16" West, along the east right-of-way line of said F.M. 544, a distance of 338.03 feet to a 1/2 inch rod set on the east right-of-way line of F.M. 544, being the most westerly northwest corner of said Cool. tract and the southwest corner of a called 4.86 acre tract of land described in deed to Charlene Collins Dew as recorded in Collin County Clerk's File No. 93-0039229, THENCE South 89` 13'54" East. along the south line of said 4.86 acre tract, a distance of 484.40 feet to a 8 inch iron rod found for cornci being the southeast corner of said 4.86 acre tract; THENCE North 00'59'2 I " East. a distance of 169.93 feet to a 1/2 inch iron rod set for corner on the east line of said 4.86 tract and the south line of a called 5.791 acre tract of land described in deed to C'harlane Collins Dew as recorded in Collin County Clerk's File No. 93-0039230; THENCE South 89'17'1 1" East_ along the south line of said 5.791 acre tract, a distance of 976.54 feet to a 1/2 inch iron rod set for corner, being the southwest corner of a tract of land described in deed to G.S Richards as recorded in Volume 775, Page 55 of the Deed Records of Collin County. Texas; THEN('L: North 03C 10'55" East. a distance of 250. 10 feet to a 1/2" iron rod found for corner; THEN('I North 88°49'5 3" West a distance of 986. 10 feet to a 3/8" iron rod found for corner; THENCE-_ North 89' 1 t)'37 - \\ est. a (IN:ogee ol'221.30 feet to a 1/2" iron rod found for corner; THEN('l. North 02'12' 16" West, a distance of 405. 16 feet to a 1/2" iron rod found for corner; THEN('l South 8747'44 West, a distance of 286.58 feet to a 1/2" iron rod found for corner; THENCI.1 North 02 12' I6 West, a distance of 457.87 feet to a 3/8" iron rod found on the east right-of-Aav line of F.M 544, being the northwest corner of a called 1.00 acre tract described in deed to E D. Feagin, as recorded in Volume 914, Page 697, said Deed Records; THENCE: North 87°49'07 East. along the north line of said 1.00 acre tract, a distance of 185.30 feet to a 8'' iron rod found for the northeast corner thereof; THENCE. South 02''10'53" East, along the east line of said 1.00 acre tract, a distance of 4.05 feet to a l.2' iron rod found for corner. being the northwest corner of said Feagin Tract No. 1; THENCE North 87` 49.07- East. along the north line of said Tract No.1, a distance of 627.25 feet to a fence post for corner. being at an angle point in the west line of said Richards tract; THENCE North 01 06'35" East. alone the east line of said Richards tract, a distance of 297.26 feet to a I '2' iron rod found for corner. being the southwest corner of a called 1.00 acre tract described in deed to David L Tyler and A ire_ Esther M. Tyler as recorded in Collin County Clerks File No. 95-0082463, THENCE South 88'137'42' East. ..muth line of said Tyler tract, a distance of 149.61 feet to a 1/2" iron rod found for corner: THENCE North 01°02'04" East, along the east line of said Tyler tract, a distance of 290.67 feet to a point in the centerline of Stone Road. From which a 1/2" iron rod found for reference bears South 01°02'04" West. 32. 15 feet, THENCE South 881159'21„ East. alone the centerline of Stone Road, same being the north line of said West Survey, a distance of 651 .48 feet to a point for corner; THENCE, along centerline of a creek the following: South 161'27.39" East. a distance of 57.46 feet to a point for corner; South 47°I I '4 East. a distance of 65 63 feet to a point for corner; South 43"36' 17" East_ a distance of 124.60 feet to a point for corner; South 29°18'38" East. a distance of 68. 15 feet to a point for corner; THENCE South 881'54'01" East. leaving ,aid creek, a distance of 99.06 feet to a point for corner in another branch of creek. THENCE, along centerline of said branch. the following: South 58°34'23" East_ a distance of 104.07 feet to a point for corner; South 08°00'39" East, a distance of 161.84 feet to a point for corner; South 43' 44.54" East. a distance 453.83 feet to a point for corner; South I9°34130" Last. ;i distance of3 1 .24 Feet to a point for corner; South 49°37'59" East. a distance of 27.57 feet to a point for corner; South 01`09. 12" West. a distance of 22.25 feet to a point for corner; South 22°01 '47" Last. a distance of 48.57 feet to a point for corner; South 23°00. I I" East, a distance of95.60 feet to a point for corner; South 17'20'52" Last. a distance of ut) 80 feet to a point for corner; South 14°46'36" East_ a distance of 63.07 feet to a point for corner; South 27''12'28" Last. a distance of 50 89 feet to a point for corner, said point being the Nortiiv,tiest corner of called 1 2 acre tract as described as "IV" in aforesaid Executor's Deed. THENCE South S8"42-4I" East. along- die North line of said called 106.92 acre tract and generally along a meandering_ barbed ire fence line, a distance of 2649.46 feet to a 1/2 inch iron rod set for corner, from which an old barbed wire fence corner post bears, North 00°43'01" West, a distance 014.8 feet; THENCE North 00°38'39" East, a distance of 877.52 feet to a 1/2 inch iron rod set, being the south line of Stone Road. and the northeast corner of a tract of land described in deed to Raymond T. Baez as recorded in Volume 1024. Page 675, said Deed Records; THENCE. South 88°39'20" East, 160_-; 07 feet with south line of said Stone Road to a 1/2 inch iron rod set. being the northwest corn+_, ul'a tract of land described in deed to David and Linda Jones as recorded in County Clerk F I( \i, 0I-0069924, said Deed Records; THENCE, South 00` 12'04' West, 1825 54 feet to a 1/2 inch iron rod set, being the easterly northeast corner of a tract of land described in deed to Birmingham Memorial Land, Trust as recorded in County Clerk File No. 9 7-00 324 30, said Deed Records; THENCE South 00"23' l4" West, generally along a meandering barbed wire fence line in heavy brush, a distance of 2515.82 feet; THENCE South 00 15- 12 West. a :IHiance of 404.43 feet to the POINT OF BEGINNING, containing 470.00 acres of land_ mart iess Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Bozeman Farms Estates South of Stone Road and East of F.M. 544 Zoning Case #2001-13 Planned Development Requirements: Statement of Purpose: The purpose of this Planned Development District is to permit the developmcn; of BOZEMAN FARMS ESTATES. I I. Statement of Effect: Ha,s Planned Development shall not effect any regulation found in the Comprehensi'. foiling Ordinance as adopted and amended, except as specifically provided herein, 111. General Regulations: :a11 regulations providing for a Village Center District as set forth in Section 3.3 Village Residential Districts and Section 4.1 Village Center Non- Residential Districts of the Comprehensive Zoning Ordinance are included by reference and shall except as otherwise specified under the special provisions hereunder. IV. Development Plans: Development shall be in conformance with the concept plan attached herewith, hovv ev,er, in the event of conflict between the detail plan and the written conditions oft his ordinance, the written conditions shall apply. V. Specific Regulations: i. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 1,350 units. The gross area density of!n ' Multi-family Dwelling Units shall not exceed 250 units. The Planned I):• i'1opn►ent shall not exceed an average gross density of 4.0 du;a If the !uulti family site is developed as single family then the gross area densit, of single-family units may be increased to 1,395 units. 2. Lot Mix: .\ maximum of 35% of the Single Family lots will not be less than o,000 st a maximum of 45% of the Single Family lots will not be less than 7.20t' a maximum of 20% of the Single Family lots will be not less than S,50t a sf For the purposes of determining these percentages, all calculations shall be on a cumulative basis. 3. Minimum . erage l.ot Area: The minimum average lot area shall not less than an av,erace of 7200 sf. 4 Alleys shah he required as part of this Planned Development. 5. Distribution of the Single Family Dwelling Unit types (as specified in the following text: 'hype A, Type B, and Type C) shall be distributed within the development as shown on the detailed development plan submitted with each pwisc ii Single Family I . Lot :Area: I'he minimum permitted lot areas are: a Lot 1 I,'pe ..�V 8,500 s.f. b Lot I v pc "B 7,500 s.f. c Lot I pc ( 6,000 s.f. 2 I.ot \Width. He minimum permitted lot widths are: a Lot I ,tie 75 feet h Lot ; "13-, 65 feet c Lot 1 pc "(.-- 50 feet Lot Width ot-('orner Lots: The minimum lot widths of corner lots are: a Lot Typc .-A- 75 feet h Lot Hc _ 3- 70 feet c Lot pc ,_(._, 55 feet 4 Lot Depth. The minimum permitted lot depths are: a Lot type " V - 100 feet h Lot Type '13 ' 100 feet c Lot Type -'C- 100 feet 5_ Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are Lot ] a 120 feet b Lot ] ypc _,I3" 120 feet c Lot Tyne "(' 120 feet 0 Minimum Dvv Unit Square Frontage: The minimum permitted dr-yellinL1 unit 'paare faotages are: a Lot I v ;�e __ V,_ 1,700 s.f. h Lot Type "13' 1,500 s.f. c Lot Type '(' 1,500 s.f. 7 Main Structure Front Yard: Front Yard Setbacks within each of the Lot Type Zones rua be varied between 15 feet and 35 feet with the following percent of 15 Coot setbacks being permitted within any single block: a Lot Type "A 50% h Lot 45% c Lot .I 'c "t 35% 8. Main Structure Side Yard: The minimum permitted side yards are: a Lot 'Type - A- 10% lot width b Lot Tv nc "13" 10% lot width a I_ot Ty,,�' 10% lot width 9_ Main Structure Side yard on Corner Lot: The minimum permitted side yard setbacks adjacent to a street are: a Lot Ta:ac \ 10% lot width I, Lot 'L\; "13 10% lot width Lot 1 10% lot width 10 Side Yard o1':AIlowable Non-Residential Use: Lot '1y ' \ 15 feet I, Lot 1 , 15 feet l of I , 15 feet 11 Main Structure Rear Yard: The minimum permitted rear yards are: a Lot Type ..,y , 10% lot depth I). Lot Type -IV':': 10% lot depth c Lot Type 10% lot depth This minimum rear yard is increased to 18 feet where applicable when a garage and driv,c face the rear yard, serviced by an alley. I?_ Mai!. Structure Lea Yard on Double Front Lots: The minimum permitted rear yards on Li( ohie front lots are: a Lot Type *A 30 feet b Lot Type 'B.,. 30 feet c Lot Type ..(.'. 30 feet 13 Accessory Structure Front Yard: Accessory structures shall be located behind the build;n�2 line of the main structure for all lot types. 14 Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. I5_ Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 10% of the lot depth of all lot types. 16 Accessory Str,r..ture Rear Yard on Double Front Lots: The minimum permitted rear vaid for accessory structures on double front lots shall be 15 feet for all lot types. 17 Accessory Structure Side Yard on Corner Lots: The minimum accessory structure side vaids on corner lots are: ;,,_)t ; A ; 10% lot width h Lot 1v pe -f3 10% lot width c Lot fypc -L. 10% lot width 18. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be s feet t.,r all lot types. 19 .Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed 15% of the lot area or 2.500 s f maximum. 20. Main Structure Height: The maximum building height of any residential main; structure shall not exceed 36 feet on all lot types. 21 Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. iii. ME (Multi-Fanuh District) I Lot Area. 'File minimum permitted lot area for multi-family development is 43.560 Goss s f. 2. Lot Width The minimum permitted lot width for multi-family development is 199 feet (at property line). 3 Lot Width Corner Lots N/A 4 Lot Depth The minimum permitted lot depth for multi-family development is 15U feet 5. Lot Depth of Double Front Lots: N/A 6. Minimum Dwelling Unit Square Footage: The minimum permitted dwellirw unit square footage is: a Etlicienc\ 600 s.f. h I Bedroom 750 s.f. c. 2 Bedroom 900 s.f. d_ 3 Bedroom 1,000 s.f. 7 Maximum Density The Maximum permitted density or for multi-family is 1 S units per cross acre of multi-family site area. S. Main Structure Front Yard: The minimum permitted front yard for multi- family development is 3() feet from any property line. 9. Main Structure Side Yard: The minimum permitted side yard for multi- family development is 20 feet from any street and 15 feet from any interior lot line 10. Alain Structure• Side yard on Corner Lots: N/A I I . Side yard of Allowable Non-Residential Use: N/A 12. Main Structure Rear Yard: N/A 13_ Alain Structure Rear Yard of Double Front Lots: N/A 14 Accessory Structure Front Yard: N/A 15. Accessory Structure Side Yard: N/A I0. :Accessory Structure Rear Yard: N/A 17. Accessory Structure Rear Yard on Double Front Lots: N/A 18. \ccessory Structure Side Yard on Corner Lots: N/A 19 Accessory Structure Minimum Distance From Main Building: The minimum permitted separation between the main structure and any accessory structure in a multi-family area is 5 feet. 20. Accessory Structure Building Area: The maximum permitted building area of accessory structures (excluding amenity centers and recreation buildings) is a Lots acres or less 10% of lot area or 2500 sf maximum b Lots 2 acres or more 5% of lot area or 2500 sf maximum 21 . Main Structure Building Area: The maximum permitted building area for main structure is as approved on the final development plan. 22. A lain Structure I Ieie.ht: The maximum permitted building height for multi- (an�ii, structure shall not exceed 45 feet or 2 stories. 23. ;Accessory Building Height: The maximum permitted building height for accessory structures in a multi-family area shall not exceed 40 feet. iv The V'il!age Centel non-residential core of the Planned Development shall conform to C'R it ommunity Retail) standards and permitted uses, except as amended below. 1 . Height of Main Structure: The maximum permitted height of structures shall not exceed 45 feet or 2 stories. 2 vuniher of'Scales The maximum permitted number of stories shall not cvicecd ' ;foi 3. Residential Proximity: Building height in areas of residential proximity shall be limited by a 3: I height to setback slope extending from the residential lot line 4 L'oe: lard Seal icl: the minimum permitted front yard setback for non- residential structures is 25 feet. 5. Side Yard Setback: The minimum permitted side yard setback for non- residential structures is 10 feet. 6. Rear Yard Setback The minimum permitted rear yard for non-residential structures is i beet 7. Lot ('overage The maximum permitted lot coverage for non-residential development is 5( °J) of gross area. 8. ion-residential [se Adjacent to Single Family: Where non-residential uses ;ire adjacent to a single family lot line with no intervening flood plain, common on area. ,as easement, power line easement, or open space; the side and rear yards shall be doubled. With landscape screening this setback can be reduced to 10 feet. 9. Aomt--residential I'se Adjacent to Multi-family: Where non-residential uses me adjacent t�� a multi-family lot line with no intervening flood plain, common arca. ;.)r open space; the side and rear yards shall be a minimum 0120 feet. With landscape screening this setback can be reduced to 5 feet font the landscape screen line. 10. Service and Loading Areas: Service and loading areas within a non- n:sidcntial area shall not be visible from the public street or adjacent I.andkcape or other permitted screening can be used to meet this requirement. I I . Permitted uses Permitted uses in the Village Center of the Planned Development include the uses specified in an NS (Neighborhood Service) f)ist let except as amended in the following: a ( ic=icral Merchandise or Food Store greater than 5,000 s.f. e \lutur \chicle fueling station c Theater d Accessory outside sales VI. Single Fame', and \Multi-Fancily Basic Requirements of the Village Residential District (basic requirements of the Village Residential District are the only basic requirements that apply to the single family and multi-family portions of this Planned Development except as amended below, which replace certain of the Basic Requirement Standards) i I)eo cn Requirements: l . (.'onnection „t Open Space to Residential Development: 4-foot walkway alone neighborhood streets to single loaded streets paralleling community open spaces and flood plains. 2. l,iolmting and Ilurnishing along open space and trails: Pole mounted !Olt or lac.,,lscapc tree down lighting shall be provided at destinations, acti\ sties- an.: nodal points. Provide total number of benches (with backs) equal to one bench every '/, mile of trail 6 foot wide or wider. Benches can be grouped but the space between benches (or groupings) shall not exceed '1 mile. Location or required alleys: Alleys shall not be required as part of this Planned 1)evHopment. Where alleyways provided adjacent to major thoroughfares shall be screened from view from the public street with eitlic.cr of the l'/llovyin.,, a ,ut masonry wall (including masonry thin wall) b 1 . iiidscape buffer (provided in addition to any required rights- ot-v-:ay) The landscape buffer shall be a minimum of 10 feet wide and planted with evergreen shrubs (3 to 5 foot centers) and trees tequaling one tree per 50 feet of street frontage and planted in naturalized groups or rows 20 to 30 foot centers). 4. Screening, of residential units backing onto major thoroughfares: Residential units that back shall be screened from view from the public street with either of the following: a 6 II o of masonry wall (including masonry thin wall) h !.<ii,ascape buffer (provided in addition to any required rights- The landscape buffer shall be a minimum of 10 feet wide and planted with evergreen shrubs (3 to 5 foot centers) and trees (equaling one tree per 50 feet of street frontage and planted in naturalized groups or rows with 20 to 30 foot spacing). 5. y'illaue Residential Pedestrian Crosswalks: Crosswalks shall be provided at trail and a,dcyvalL intersections with major thoroughfares and all intersections v1ithin the retail area and shall be designated with one of the following (this does not preclude painted crosswalks as required by the Citr of Wylie) a. I)cc.0 ative concrete pave b Brick oi• stone paving c. Concrete saw cutting and staining 6. Village sidevs'all: material: Sidewalks in residential areas shall be continuous in color. texture, and scoring pattern. Sidewalks shall be made of bloom finish concrete with accent paving only permitted at crosswalks i,andicap ramps, activity centers, bridges, rest areas and within the retail area. iii. Architectural Requirements I Exterior material facade material: All single family residential units shall have a minimum of 75°o of the exterior facade as brick or stone laid masonry unii o; cenrentacious siding used to articulate an historic style, excluding windows doors and other openings, and glazing shall not exceed 35°�> of the front elevation of the residence. Dormers or other elements supported by the roof structure are not required to be masonry. This standard does aipply to coordinated block elevations which are intended to convey ar, historic style or "village" continuity (e.g. Traditional Neighborhood Design)_ 2. Units with saute floor plan, same street elevation and varying street elev ation I 'His with the same floor plan may be repeated provided that the elevation'; nor those floor plans are visibly different. "Visibly different" can be acc icd ith differing materials or architectural details. However. the same elevation shall not be repeated over a block spacing greater than % lots shipped both sides of the street. 3. Village residential front entry cover: The front entry of any single family residential win. hich is the entry facing the street on which the unit is located. sh,!'': o.c a covered front porch of a minimum of 30 s.f. and a minimum depth of 4 feet. 4. Roof pitch and materials for all single family units within the Planned Development .All single family residential units shall have a minimum roof pitch asphalt shingles, and painted plumbing vents, attic veats. a and -tier roof top accessories to match the roof shingle color. No wood shingles are permitted. 5. Garages: A two car garage shall be required, however, attached or detached ,,arages shall be allowed to face the street if constructed a minimum ()I. ': feet behind the front building setback of the house. VII. Single Family and Multi-(amity Desirable Features for Meeting Point Requirements of the Village Residential District (point requirements of the Village Residential District are the only point requirements that apply to single family and multi-family portions of this Planned Development except as amended below which replace certain of the Desirable Lemur, ''ntandards). i. Pedestrian Linkage to the Village Center: 100)/0 of the units not further than 2,000 feet from a linear part: that leads to the Village Center 10 points. ii Village residential -;t eel treatment: Providing specialty accent paving at crosswalks. handiL-ii. ramps. activity centers, bridges, and rest areas 10 points. iii. Units with same iloor plan. same street elevation and varying street elevation: Units with the sane floor plan and same elevation separated by 9 intervening lots (shipped boo les of the street) 10 points. iv. If item ' iii is sepa,sited by 1200 feet 20 points. v. Units with same 11w r plan and different elevation separated by 9 lots skipped same side of the st rc•et. 7 lots opposite side 10 points. vi If item ._ is sepHr !ed by 1200 feet 20 points. VIII. Non-residential Basic Requirements of the Village Residential District (basic requirements that appiy to the non-residential portions of the Village Residential District are the only basic: requirements that apply to the non-residential portions of this Planned Dev clopnnn except as amended below which replace certain of the Basic Requitement Sta ;d:H(1s) i. Site Design Requu einem I . Access Dries Access drives shall be located at least 150 feet from an intersection nycept when the site is too small to meet this requirement and alternate weans of ingress/egress are approved with the detailed de',ch pinc: a;, 2. Location 0f .ice and loading areas: Service areas and loading areas shall be scrcened so that they are not visible from a public street or adjacent residential lots Landscape or other permitted screening can be used to nice! this requirement including a masonry screen wall. Landscape cens shall be planted with evergreen trees and shrubs that provide su;l-;c,cut leaf-mass to accomplish an effective screen. ii. Landscape Requirements I L.andscapin of parking lots: All site plans with required parking more than2, spa, > are required to provide 8% of the total parking area in landscape Requncd la;a.:,,.wapc shall be grouped or arranged so that no parking space is more than feet horizontally/vertically or 85 diagonally from the landscape area l.andscapin Feet frontages: At least 40% of the required front yard aceess drive must be developed as a landscape buffer. The landscape buffer must be at least 10 feet in width. In order to achieve an "urban" space, trees are not required in the landscape hui lcr due to their conflict with the architecture close to the street Fe! siunage In order to achieve an "urban" space walkways shall lin 'oinctry that parallels the street front without the use of picturesque „H.nment. iii. Architectural I .cements ArLltiftcH: •Punpatibility Buildings in the Village Center shall be desIgncd nnanttain architectural compatibility with residential architectural ()l'the surrounding areas. Architectural compatibility may be achieved throuuh the use of similar materials and responsive forms (including ro,,!'form). IX. Non-residential Desiral; c Features for Meeting Point Requirements of the Village Residential I)istriet pea requirements of the Village Residential District are the only point requirements tliat apply to the non-residential areas of this Planned Development eyeept as .acceded below which replace certain of the Desirable Feature Standards) i Site Dc ecii I . Bualding Individual buildings with footprints no greater than I',.(nx) s earn 5 points 2 Access dnv es .vav development not able to locate access a minimum of 150 feet Irt -:retion shall earn an additional 10 points Location of ser, ,cc and loading areas: Service and loading areas which are not visible iron: ;; public street or adjacent residential lot but which provide screening the use of enhanced landscape (flowering trees and shrubs) or an enhanced ;,asonry wall shall earn an additional 10 points ii Landscape: I. Landscapinc u! I•irking lots: Parking lots which exceed the 8% of required landscape area ,!;all earn 5 points for each additional increase in landscape Area equal to I% of the parking area up to a maximum of 25 points. X. Natural area l)esirata: I•catures for meeting point requirements of the Village Residential District (pr,„ t requirements listed below may be applied to then point requirements soft re<r,iential and/or non-residential areas but any point credit must be allocated to oni. i,, ..:eu requirement). XI. Common Area .vii non-dedicated/HOA maintained green belts and common areas shall be cleariv deli:,eated as such and the acreage shown for each common area on the final subdiv isio; ;,i,tt XII_ Tree Preser\ Inc n_oal of preserving as many existing trees (8 in. caliper or larger) possible. :nann�_tement plan provided by the owner as preserves at least 25 % or the riparian tree cover shall be approved by the director of planning prior to commencement of an ,,i adin�.� or infrastructure or improvements within the area of this Planned Dev el,)pn,e, XI II. Screeniru and he screening and landscape strip shall be provided along FM 544. A concept WI ..,ndscape plan to be provided with the Preliminary Plat. XIV. Homeowners :\ Prior to the issuance of a certificate of occupancy for any dwelling, unit_ a .'.aye s and/or other restrictive and appropriate covenants and/or homcovv ncr :I_,, cement as approved by the City Attorney and duly recorded in the Deed Records ,:: '- ollin County, to establish and maintain a Homeowner's Association liar tip ship and maintenance of all non-dedicated common areas and improv cmcnt, a :. .he Planned Development District, shall be filed with the Buildinv, Inspection, NOTIFICATION REPORT APPLICANT: Realty Development Trust APPLICATION FILE #2001-13 6032 Richwater Dallas,Texas 75252 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant 6032 Richwater 1 Realty Development Trust Dallas, Texas 75252 Stone Grove Addn 1019 Foxwood Lane 2 B Lot 5 R-2248-00B-0050-1 Peter Zeller Wylie,Texas 75098 Stone Grove Addn 1019 Foxwood Lane 3 B Lot 6 R-2248-00B-0060-1 Peter Zeller Wylie,Texas 75098 Stone Grove Addn 1023 Foxwood Lane 4 B Lot 7 R-2248-OOB-0070-1 John Knackstadt Wylie,Texas 75098 Stone Grove Addn 513 S.Foxwood Lane 5 B Lot 8 R-2248-00B-0080-1 Johnny Aldridge Wylie,Texas 75098 P.O.Box 546 6 Abst 475 Tract 13 R-6475-000-0130-1 Birmingham Memorial Trust Wylie,Texas 75098 P.O.Box 546 7 Abst 475 Tract 34 R-6475-000-0340-1 Birmingham Memorial Trust Wylie,Texas 75098 P.O.Box 546 8 Abst 979 Tract 45 R-6979-000-0450-1 Birmingham Memorial Trust Wylie,Texas 75098 2000 Hwy. 78 North 9 Abst 979 Tract 56 R-6979-000-0560-1 City of Wylie Wylie,Texas 75098 1320 E.Stone Road 10 Abst 979 Tract 25-9 R-6979-000-0259-1 George Richards Wylie,Texas 75098 Jimmie Jane Feagan 1095 E.FM 544 11 Abst 979 Tract 24 R-6979-000-0240-1 c/o F.D. Feagin Wylie,Texas 75098 1275 E.FM 544 12 Abst 979 Tract 31 R-6979-000-0310-1 Edwina Cook Wylie,Texas 75098 1275 E.FM 544 13 Abst 979 Tract 21 R-6979-000-0210-1 Edwina Cook Wylie,Texas 75098 13118 Southview Lane 14 Abst 979 Tract 41 R-6979-000-0410-1 Billy Burdine Dallas,Texas 75240 Collin County 210 S.McDonald Street ' 15 FM 544 Commissioners Court McKinney,Texas 75069 Collin County 210 S. McDonald Street 16 Stone Road Commissioners Court McKinney,Texas 75069 Collin County 210 S.McDonald Street 17 Troy Road Commissioners Court McKinney,Texas 75069 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 1 am FOR the requested zoning as explained on the attached public notice for Zoning Case #2001-13. yI am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2001-13. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,October 16, 2001,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,November 13,2001,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 1 c re tZ P. et_ e- 4 (please print) ..Su.e�% Aces.,Air /1 Address: i O IS roXiOooD Ln 1Sv5b • {2t41 iz, Signature: Date: 10\$ 0 1 COMMENTS: SiG-� Q I _ 13SVL I "' T'Vr h7 u10-9 rR a c- N a PA rn,v w y �:u��."�JGS SHOa) &c Cu,u.c /1144e - //�� ++ (CS.)c x.L — (, Ac Ci' At b 'Q„ /�Arc Ko ADS ro PPoer T' c Otk1.1mOdA�' VaSorti' 3 — lc? QnPOc,^c, 1\1 ,Y,.��A� Sir � TO PoLr AD,) 11-804**- S, V t F Av...,„( Ss 1/4/ 14- T1 '- c t, eA.,„;: Qc:vtiv-/;n)r ro coAJsrRvcno#/ co: f7'c S Mcr,v104cr0 inJ /SSUa Z .r 3 ....] I 1___11 I _ _____r 1 i 1 II I i r 1 &rovt r r L ___ ir 1,. .._i ___i 1 1 i_.___._._, 1 1 , }I 1 I , I_ ---- _., , I , li I . 0 , 1111111111111111116. 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I _ _ ....mwt El axman I F ."-- ii_ _ ......_._______ \ t ioid 11 v...: c3ce, \ II , 1 I . -----_-_-- eCO/ i 3 --- LI —___.__ _____ WYLIE CITY COUNCIL AGENDA ITEM NO. 7 November 13, 2001 Issue Hold a Public Hearing to consider and act upon certain proposed revisions to the Comprehensive Zoning Ordinance and Official Zoning Map of the City of Wylie, in compliance with Section 211.006 of the Texas Local Government Code. Background Zoning is one of several legal land use control tools available to municipalities for the purpose of promoting the public health, safety, morals and general welfare, and is primarily intended to achieve the City's long-range development goals, to provide adequate infrastructure and services and to guard against nuisances and damages caused by incompatible land uses. Municipalities in Texas are given the authority to adopt and administer local zoning by Title 7, Subsection A, Section 211 of the Texas Local Government Code. The City of Wylie first adopted zoning regulations in 1962, and significantly revised these in 1974 and 1985. The 1985 version of the text is currently in use, although with several minor revisions throughout the intervening years. The last major revision to Wylie's Zoning Ordinance occurred in June of 2000, when new designations and requirements for residential districts were adopted. The current zoning map was adopted in 1991 and has been revised regularly in response to considered requests of individual property owners. Financial Considerations N/A Other Considerations The State enabling legislation requires that zoning regulations must be adopted in accordance with a comprehensive plan. Wylie adopted a revised Comprehensive Master Plan in July of 1999, which recommended certain changes in the pattern and character of local development. These changes in the Plan guided the 2000 revision of the residential regulations of the Zoning Ordinance and support the currently proposed revision of non-residential regulations. Public notification of these proposed revisions to the Zoning Ordinance has been made in the time and manner required by State law. Notice of the public hearing was published in The Wylie News and mailed to all property owners within the City of Wylie. Four(4)Public Comment Forms have been returned at the time of this posting. Board/Commission Recommendation At the October 16, 2001 Planning and Zoning Commission meeting, the Board voted 7-0 to recommend approval of the proposed revisions to the Comprehensive Zoning Ordinance and Official Zoning Map of the City of Wylie. Staff Recommendation Recommend that the City Council adopt the revisions to the Zoning Ordinance and Map as proposed. The Departments of Development Services, Public Works, and Fire concur with this recommendation. Attachments Public Comment Forms (3) J Prepared by Review by Finance City Ma ager proval PUBLIC COMMENT FORM FOR PROPOSED CHANGES TO THE ZONING ORDINANCE AND MAP The Planning and Zoning Commission and City Council of the City of Wylie will hold the following public hearings to consider proposed revisions to the Comprehensive Zoning Ordinance and to the Official Zoning Map of the City of Wylie. Planning & Zoning Commission: Tuesday, October 16, 2001, 7:00 PM City Council: Tuesday,November 13, 2001, 6:00 PM in the Council Chambers of the Municipal Complex 2000 Highway 78 North, Wylie, Texas Anyone unable to attend the public hearing but wishing to make their opinions a part of the public record may submit written comments, on this form or other appropriate stationary, complete with name and address as well as the address or tax identification of the property owned, to the following address. Telephone comments will not received. City of Wylie, Planning Department 2000 Highway 78 North Wylie, Texas 75098 COMMENTS: 5 F 55 7 'lc. AdC2 :,vV.Lutzi .s'¢5C ccz �.L e J '11cvt-ioh - /i- � �C/ c7 _ir.;�tL✓ QCc[tt ci.2Rd env fr 7? f ' /!'`-. cr..¢J@ a—�Y /.ti f; 2•3"1y 7 , -Wk.3.�cJa-.�- G' sn;O ad LZ.C�L�-d �/i d c a- S ,•t-J /`—n_z� { -cif-/y— CLAAJ Name: (please/print) Address: JD (? a4R hi a Cc ,a .l la i'/ 7s'-.7 5 /`� Signature: ii � �Z— Date: /.0/ / PUBLIC COMMENT FORM FOR PROPOSED CHANGES TO THE ZONING ORDINANCE AND MAP The Planning and Zoning Commission and City Council of the City of Wylie will hold the following public hearings to consider proposed revisions to the Comprehensive Zoning Ordinance and to the Official Zoning Map of the City of Wylie. Planning & Zoning Commission: Tuesday, October 16, 2001, 7:00 PM City Council: Tuesday, November 13, 2001, 6:00 PM in the Council Chambers of the Municipal Complex 2000 Highway 78 North, Wylie. Texas Anyone unable to attend the public hearing but wishing to make their opinions a part of the public record may submit written comments, on this torm or other appropriate stationary, complete with name and address as well as the address or tax identification of the property owned, to the following address. "Telephone comments will not received. City of Wylie, Planning Department 2000 Highway 78 North Wylie,Texas 75098 COMMENTS: , gE/?SL _L l`l/d/u__gE T G Zogiaq ocbinicake (/E _dtee dJki ecc_ 7"/_�J4i_j1445 gee" i N e 5in>c`as AL Nt oT /44 gFARS ,_W4/E (�G A_- / C_T_v 5)4-�ND Lvi c c C= r" —� F/� r '�'S,rN � 17QT1Nf'JA.►C �N� , Kg_1Z:L iA, -__Lkc 5 n/f G(-r cA LY ---- - ---- - --- _ $pet-c- 81/51 _Cs. - -r'K. zcaC I ?- a e?F_ %d016-- /1Nr7 -TNC,,Y� N L D HCC-P /v47 r fF�LG-- —17#5c. C84N' -C"$ SCEivi eNtLyT_ Ci)1 C P jar l/L C)rE 3' -re) vo rff rZ TUw ft/ _— Name: /4C 3C:tC'r //et v/wQ '1774-/Ir .__M/AI i f- 8c91>7 (please print) Address: / O gigier Ez G Signature: Aat.d.-40-1-tia -- -- Date: _20-2% �O/ PUBLIC COMMENT FORM FOR PROPOSED CHANGES TO THE ZONING ORDINANCE AND MAP The Planning and Zoning Commission and City Council of the City of Wylie will hold the following public hearings to consider proposed revisions to the Comprehensive Zoning Ordinance and to the Official Zoning Map of the City of Wylie. Planning & Zoning Commission: Tuesday, October 16, 2001, 7:00 PM City Council: Tuesday,November 13, 2001, 6:00 PM in the Council Chambers of the Municipal Complex 2000 Highway 78 North, Wylie, Texas Anyone unable to attend the public hearing but wishing to make their opinions a part of the public record may submit written comments, on this form or other appropriate stationary, complete with name and address as well as the address or tax identification of the property owned, to the following address. Telephone comments will not received. City of Wylie, Planning Department 2000 Highway 78 North Wylie, Texas 75098 COMMENTS: ' 7 laillMal.� Wr .r _ . .ice _ AMEN Name: _7 Pz./ua (please print) Address: .20 Signatur �n 1 Cr :Date: %� ©/