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03-26-1996 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex March 26, 1996 7:00 p.m. CALL TO ORDER INVOCATION - Mona Bailey, Cornith Presbyterian Church PLEDGE OF ALLEGIANCE ACTION ITEMS 1. Discuss and Consider Approval of Minutes for February 6 and 13, 1996 2. Discuss and Consider Adopting a Resolution in Recognition of National Library Week, April 14-20, 1996. 3. Discuss the Request for Proposal for the Smith Public Library Renovation and Expansion Project (For Information Only) 4. Discuss and Consider Acceptance of the Annual Financial Report After Presentation by the Audit Firm of Rutledge Crain & Company, PC. 5. Discuss and Consider Approval of Escrow Agreement between William E. Campbell, Jr. - Wylie Partnership and the Cityof Wylie 6. Hear a Petition for Annexation of Approximately 195.6617 Acre Tract of Land Submitted by William E. Campbell, Jr., General Partner and Hear Arguments For and Against the Annexation 7. Consider and Act Upon Granting or Refusing the Petition to Annex Approximately 195.6617 Acre Tract of Land Submitted by William E. Campbell, Jr., General Partner 8. Consider and Act Upon Annexing 195.6617 Acre Tract of Land More or Less Requested by William E. Campbell, General Partner 9. Discuss and Consider Awarding Bid for Flat Work on the Service Center 10. Hold Public Hearing and Consider Approval of Ordinance for Zone Change from "B-1 and A" to "PD"for Windmill Village, Owner: Robert Heath 11. Hold Public Hearing and Consider Approval of Ordinance for Specific Use Permit for Permanent Batch Plant Located at 1502 W. Kirby, Requestor: Bodin Concrete 12. Hold Public Hearing to Allow Final Public Comment Regarding the Completion of the 1993 Texas Community Development Program - Disaster Relief Project - Contract No. 703047 STAFF REPORTS CITIZEN PARTICIPATION ADJOURNMENT Posted on this the 22nd day of March, 1996 at 5:00 p.m. 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 442-8100 OR TDD 442-8170 Wylie City council #1 fig enda Communication for March 26 1996 Minutes for February 6 and 13, 1996 Wylie City Council #2 agenda Communication for March 26, 1996 fipproval of a Resolution for National Library Week, flpril 14-20, 1996 Issue Discuss and Consider adopting a resolution in recognition of National Library Week. This year National Library Week is April 14-20. Background This annual observance sponsored by the American Library Association is a time to honor libraries across the United States. First observed in 1958, it was the result of growing concern among publishers and librarians that Americans were reading less. The theme for National Library Week (NLW)will be "Libraries Change Lives" which has been the theme for the last four years. Those three words "Libraries Change Lives" capture the essence of what libraries are about-and have captured the attention of the public and media like no other NLW theme. This theme is complementary to the "Books Change Lives" them adopted by the Library of Congress for 1993 and 1994 and was designed to help demonstrate in a consistent and dramatic way that libraries play a vital role in towns, schools, universities, and corporations. The Friends of the Rita and Truett Smith Public Library are sponsoring "An Evening of Culture and Cappuccino" on April 18, 1996 at 6:30 p.m. to celebrate National Library Week. This will be a fund-raiser sponsored by American National Bank. Starbuck's Coffee will have Cappuccino available for tasting and Elizabeth Ellis will be telling stories throughout the evening. Legal Consideration N/A Financial Consideration Approximately $75.00 from 4B sales tax money was allocated to purchase promotional materials for National Library Week. Costs for the Friends event will be paid for by the group. Donations of $3.00 for an individual and $5.00 for a family will be requested for admission to the event. Board/Commission Recommendation N/A Staff Recommendation Staff recommends approval of the resolution. Attachments Resolution Promotional flyer for An Evening of Culture and Cappuccino Prep red & Approve By City Manager Approval RESOLUTION NO. WHEREAS, A literate society is essential to the success of our nation, and WHEREAS, reading is a basic key to achieving personal success in school, in business and life, and WHEREAS, librarians are leaders promoting literacy and are actively engaged in numerous efforts to encourage people of all ages to read, and WHEREAS, libraries ensure equal access to knowledge and information and offer valuable reading resources and services, and WHEREAS, librarians are aggressively building partnerships in the community and making special efforts to reach out to parents, children, and adult learners, and WHEREAS, National Library Week is a time to celebrate libraries and literacy NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Wylie does hereby name the week of APRIL 14-20, 1996, as NATIONAL LIBRARY WEEK in Wylie, Texas, and encourages all residents to visit their local library to read and to join in expressing great appreciation to librarians for the essential services they provide. DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this the 27th day of March, 1996. APPROVED ATTEST ,g1ENDS OF THE LIBRARyCU�TUItE &oF c Rp P 111 FEATURING IjLC11() ELIZABETH ELLIS, STORYTELLER STARBUCK'S FIRST BAPTIST CHURCH OF WYLIE APRIL 18, 1996 6:30 P.M. TICKETS CAN BE PURCHASED IN ADVANCE AT THE LIBRARY OR AT THE DOOR SUGGESTED DONATION IS $3.00 FOR INDIVIDUALS $5.00 FOR FAMILIES CALL 442-7566 FOR MORE INFORMATION SPONSORED BY AMERICAN NATIONAL BANK WyHQ City council 43 Oiganda'Communication for March 26, 1996 Smith Library - RFP - Information Only Issue This item is for information only. The attached document is the request for proposal for the Smith Public Library renovation and expansion project. Background The Rita and Truett Smith Public Library is requesting that interested firms submit proposals providing architectural/engineering services for a renovated and expanded public library of approximately 7,000 square feet. We are transforming a self-contained rural community to a bedroom city with a developing industrial tax base. Our facilities have not kept pace with the service demands. The citizens, interested in the quality of life and educational opportunities, approved the collection of the 1/2 cent sales tax for Library and Park improvements. The City of Wylie has determined that the current library facility, the Smith Public Library, is overcrowded and requires expansion to accommodate its collection and patrons. Legal Consideration The Request for Proposal (RFP) is a request for professional services. Therefore, a bidding process is not necessary. A contract will be negotiated between the City of Wylie and the Architect/Engineering firm. Financial Consideration There has been $225,000 allocated from the 4B sales tax money to renovate and expand the library facility. Approximately $25,000 will be used for an architect fee. Additional funding is being requested through grants. Board/Commission Recommendation On March 11, 1996, the Library Advisory Board approved the Request for Proposal. Staff Recommendation Staff recommends the approval of the RFP. 1/1/Prepared & Approved By it Manager Approval City of Wylie Request for Proposal for Professional Architecture Services For the Renovation and Expansion of the Public Library March 27, 1996 Statement of Intent The Rita and Truett Smith Public Library is requesting that interested firms submit proposals providing architectural/engineering services for a renovated and expanded public library of approximately 7,000 square feet. Introduction The City of Wylie, located in Southeastern Collin County, ten miles east of Plano, has tripled in population since 1980. We are transforming a self-contained rural community to a bedroom city with a developing industrial tax base. Our facilities have not kept pace with the service demands. The citizens, interested in the quality of life and educational opportunities, approved the collection of the 1/2 cent sales tax for Library and Park improvements. The City of Wylie has determined that the current library facility, the Smith Public Library, is overcrowded and requires expansion to accommodate its collection and patrons. Program Development Mignon Morse, Library Director, wrote the library building program. The building program will serve as a guideline for the architect in determining the space and service needs of the proposed facility. A copy of the building plan is attached. Design Expectations The Smith Public Library seeks a firm able to provide and implement a high quality design that is innovative, imaginative and consistent with modern public library service. Expectations will include the following: 1. Remarkable adaptability to changing library service needs, including options for future facility expansion. 2. Astute awareness of the dynamic qualities of information and communication technologies affecting public libraries. 3. Sensitivity to creating interior and exterior environments which are consistent with library service goals, efficient, operable, and aesthetically pleasing. 1 Additional Information All questions concerning the Request for Proposal should be directed to Mignon Morse, Library Director, and be communicated by telephone or in writing. Mailing address: Mignon Morse, Director City of Wylie 2000 Hwy 78 North Wylie, Texas 75098 Telephone: 214-442-7566 Fax: 214-442-4075 Scope of Services The selected architectural firm will utilize the program statements provided by the Library and the City. Services required include the following: 1. Design and construction administration of the total project, including construction cost estimates during the design process. 2. Preparation of a complete set of site development construction documents including civil engineering. 3. Preparation of a complete set of building construction documents including architectural, mechanical, plumbing, and electrical plans. 4. Assistance in obtaining competitive bids for construction of the project. 5. A final report including the estimated cost of these areas: a. Architectural design and construction of the building, including all mechanical, electrical, communication, and structural needs. b. Furniture, fixtures, and equipment c. All site work, grading, and infrastructure improvements —on and off site. Proposal Content and Format The firms seeking this contract shall address the items listed under the Scope of Services, with consideration given to the Design Expectations provided. The narrative portion of this proposal should not exceed fifteen (15) pages and should contain a statement explaining the firm's understanding of its responsibilities for this project. The number of attachments and exhibits included is not restricted, but all information provided should be pertinent to this project. The following should be addressed in the narrative in the order listed below: 1. Describe the firm's experience in the design of public libraries. 2. Identify the project team organization and specific personnel to be assigned to this project on a percentage basis. 2 a. Provide resumes of the professional staff that will be directly involved in the project. Resumes should include the number of years with the firm, education, related project experience, names and numbers of references to contact. b. Provide a list of key personnel in the organization not directly related to the project, but providing support services. c. Indicate current project responsibility of the key people designated for this project. • 3. Identify any associates or consultants, including qualifications of individuals, who may be involved in the performance of the project. List the services to be provided in-house and those to be provided by outside consultants or joint/venture partnerships. 4. Provide a list of current and pending major project commitments by the firm. Indicate the project schedules and size and which of these commitments are under the direction of the Project Team assigned to this effort. 5. Describe the firms five most recent representative projects giving the following information: a. Project name b. Location c. Brief Description d. Owner--contact, address, and telephone number e. Year project was completed f. Project type, i.e. new, renovation, addition, etc. g. If performed with another firm, list specific areas of responsibility of your firm h. Personnel assigned to the project I. Consultants involved—list all j. Building square footage costs k. Building square foot costs I. Total amount of change orders, with a list of each change order m. Site cost 6. Succinctly document (with tables and graphs) your firm's ability to provide high quality service on a tight schedule and within budget. 7. Discuss how your firm will respond quickly, on a daily basis, to project needs. Discuss how your project manager will maintain 3 close and effective communications with the Library Director and City Staff. 8. Provide satisfactory proof of the firm's financial responsibility. Proposal Submission Five (5) copies of the proposal must be delivered no later than 4:00 P.M on APRIL 15, 1996. Mailing address: Jim Holcomb, Purchasing Agent Library Proposal City of Wylie • 2000 Hwy 78 North Wylie, Texas 75098 No costs associated with this presentation of this proposal, or incurred in any manner by the proposer, may be charged to the Smith Public Library or the City of Wylie. All materials submitted in response to this Request for Proposal will be considered the property of the Smith Public Library and the City of Wylie. The selected firm will be required to show proof of insurance at a dollar amount specified by the City and will be required to indemnity the City of Wylie and/or the Smith Public Library. Reserved rights: The Smith Public Library and the City of Wylie reserve the rights to: Reject any and/or all proposals and to waive any and/or all technicalities and informalities received in response to this RFP Utilize any and all ideas submitted in the proposals received unless those ideas are protected by copyright, legal patent, or proprietary rights as stated by the proposer. Select and award a contract to the proposer who best meets the Library's needs. 4 SCHEDULE March 27, 1996 Mailing of RFP April 15, 1996 Submittal Deadline (4:00 p.m.) April 16 - 18, 1996 Committee Review April 19 -22, 1996 Interviews with Selected Firms April 29-30, 1996 Selection of firm May 1-3, 1996 Negotiotiations with Selected Firm May 7, 1996 Council Approval May 8 -June 12, 1996 Schematic Design Phase June 13 - July 25, 1996 Design Phase July 25 -August 1, 1996 Construction Documents August 12 Construction Bids September 9, 1996 Bid Opening September 16, 1996 Construction Award October 1, 1996 Start Construction April 1997 Accept newly renovated facility 5 Criteria for Selection Listed below are the criteria for selection of the Architect firm. 1. Proposal Evaluation Quality of Proposal Information Proposals should be complete, relevant, concise, and well organized. 2. Adequacy of Approach Proposals should reflect the A/E's firm's grasp of the projects and an overall understanding of stated objectives. Staffing and task definitions will be closely examined as they relate to the library environment. 3. Experience and Capabilities The architect firm's experience will be a major factor in the final selection. The Interviewing committee will be especially interested in projects which have been completed which were similar to the proposed project described in the attached building plan. 4. Qualifications of Personnel to be Assigned Previous work experience of personnel to be assigned and particularly past work experience similar in size and scope. The technical management experience of the Project Architect who would be responsible for and in charge of the project. 5. Type of Contract The architect/engineering agreement (contract) shall be a fixed fee for services agreement to be negotiated in accordance with the City of Wylie and the State of Texas. 6 Wie City tonsil # 4 Rgenda Communication for March 26, 1996 Presentation of Comprehensive Annual Financial Report Issue Consider acceptance of Annual Financial Report after presentation by the audit firm of Rutledge Crain.& Company, PC. Background The Comprehensive Annual Financial Report (CAFR) for the fiscal year which ended September 30, 1995, including the Independent Auditors' Report, has been completed and will be presented to the council by the City's outside audit firm, Rutledge Crain & Company, PC. The auditors will briefly discuss some of the year's highlights and will answer questions the City Council might have regarding the report. The FY1994-95 CAFR will be submitted to the Government Finance Officers Association for review in the Certificate of Achievement for Excellence in Financial Reporting program. This award has been received for the past six consecutive years. We believe the FY1994-95 report continues to meet the Certificate of Achievement program standards. Financial Considerations The audit of the 1994-95 fiscal year has been completed for the $14,500 estimated in the engagement letter presented to council at the October 24, 1995 council meeting. No further audit costs will be incurred for the 1994-95 fiscal year. Legal Considerations None Staff Recommendations The staff is recommending that the City Council accept the 1994-95 Comprehensive Annual Financial Report. Attachments 1994-95 Comprehensive Annual Financial Report (Ad;62-etl'at repa ed by Finance Dir. Approval City Mgr. Approval wiry de City Council 5/ 17 Agenda Communication for March 26, 1996 8 Near Petition, Grant or Refuse, Act Upon Annexing Property from Wm. Campbell Issue Hear Petition, consider granting or refusing the petition, and act upon annexing the property from Mr. William E. Campbell, Jr., General Partner being 195.6617 acre tract of land located in the L. M. Marshall Survey Abstract No. 594, and the Wm. Patterson Survey, Abstract No. 716, Collin County, Texas. Background The Council is being asked to consider a petition for voluntary annexation from William E. Campbell, Jr. for a tract of land located immediately to the North of the property that City Council approved for voluntary annexation was annex on March 19, 1996. ( See Attached Map -Tract No. 3). Since City Council annexed Tract No. 3 on March 19, 1996, the petition for voluntary annexation of Tract No. 4 could be accepted on March 26, 1996 because the legal requirement that property must be adjacent to property located in the city's limits will have been satisfied. Tract No. 4, owned by Mr. Campbell, is located within the City of Parker's ETJ. Mr. Campbell is voluntarily exercising authority granted to a private property owner by the Texas Legislature under H. B. 2758. The City of Wylie did not initiate this action and is simply taking action in response to a private property owner's request for voluntary annexation. Mr. Campbell has agreed to place in Escrow an amount totaling $10,000, to be used to cover legal expenses relating to any suit filed against the City of Wylie for actions taken on Tract No. 4. Legal Consideration The Home Rule Charter states that an owner or owners of land contiguous with and adjacent to the city limits may, by petition in writing to the City Council, request said land to be annexed. The City Council may grant or refuse the petition as it sees fit. If the City Council grants the petition, it shall, by ordinance, annex said land as part of the corporate limits of the city in accordance with Article 970a, V.A.C.S. The petition requesting annexation is submitted pursuant to Section 43.028 of the Texas Local Government Code. The subject property is: 1. One-half mile or less in width 2. Contiguous to the City limits of the City of Wylie 3. Is vacant and without residents The action taken by the City Council to approve the property also approves adoption of a service plan attached to the ordinance. Financial Consideration The County has determined that the current market value of this property is $171,841 with a taxable market value of$22,265. Currently, the land is agricultural exempt, with $145.84 being paid in taxes. If the land was to lie as raw land the potential for taxes would be $1,125.56. Attachment Escrow Agreement Map Petition and Letter from Mr. Campbell's attorney Copy of the Ordinance and Service Plan P epared &Approved By (Pa( ty Hager Approval MAR-18-98 14133 FROM-POWELL & COLEMAN LLP ID:214 373 87B0 rs►us pis • t a*il`ItalitlaNIPI MWIWI :suompafoa 5uimo o;aqt dq pots N►oxxa act wag Wand pomozoe3 MVP of MT=aq!PM A1Paq L -£ • zacituttx uo?teo Bpi suCedxes sapua acimas annual isuiatut alp apt pawl aq mg put did DIP 3o tsaa q 343 103 aq sPuni poet ox2s-4 uo putt ma4s tunoaat time uo atm au, • —TO Moon 811rxe0q 1s*u!ae U Span3 potoixg aqq is M1 tots lZV 16010113 0111 'Z ley s?cgt jo sty ogt apt tuenund t b0zos3 a Aq piaq aq ueqs souk/pQmorta ate 3oasaq voptva a ay tgt* Amo3Qszodluamoa tuaSy ntazos3 tiwtt dTticaumotp Al Pa ap aq (ice Pab03333.GIP)00060IS 30 tuns a 'I :steam se oatle olaxaq sated alp eptipaptouttot 4c9I ais goltvit JO SouaPWUs pre `uolletamsuoo aigatieA Poe Poo3 i po Pue 833o3 04)JO uo u! `32I0 ECEL `WON -soutuipto aqt of vainezed Apadota aqt jo uo 1Irawue s.Atr) aqt o2 laapoxxd uogtpao*i st attatuaally M010V3jo uopna212 `SYMS& pue ` •030Va!P Or ) 9661 `- `1"-"J t U0 AP *Ell 3aitaunOD AO alp 4,Datdopt '0N aounPVO 3o slaws atp "vim Isati al ssdpiszaoUlki 044 4ITAI 'a o U! Atzadozd agt Nomme 4t) oqt `SVUECEIM pue `.apo0 tualuxuaeoD ieo'I sem alp jo Nov, pus 8Z0"£P uopos 3o su0mt ad aqt of mound (,oCt'a. qi)3oozsti vie a opt pue%:nq poems VITE RM ul vaLtztwp Stgodoid arp'w°e srJ tegi 2uPtoobas 110 atp TWA u0144=d z P0i9 iojo ag IN dgIgnouva act'M& a.LaSsaLLIA %paymom,) pue LaCID. q1) `aru tt 30 AIM 9114 ledlquotqxrda ) digsiaoM6 pow ids, `alCgsi!' ziraYa (raLuc'Y `r 47 a -a Nvrnrhi usetawq put £q 9661 Vasil jo Csp spy oouw pawn put am=sr (.tom. ) INIENMErf/AMIDE SIHL IRVISZOTHOWM �0'd £Z:91 96 OZ J2141 ZOZO-Z9S-VIZ:xpd C2i21d RRRJ Fax:214-562-0202 Mar 20 '96 16:23 P.04 A. The City of Parker, Texas ("Parker) shall have instituted a legal proceeding against the City in which Parker shall have taken the position that the Property was not annexed in compliance with applicable law (the "Parker Litigation"). B. The City shall have incurred legal fees or expenses(collectively"Litigation Expenses") in connection with the Parker Litigation. C. The City shall have delivered to the Escrow Agent a certificate, signed by its City Manager, setting forth the litigation Expenses for which a disbursement of Escrowed Funds is being requested in reasonable detaiL 4. If any funds remain in escrow following payment by the City of all of its • Litigation or on — ._, 19_, whichever shall first occur, and after all disbursements previously requested by the City hereunder have been made. Escrow Agent shall disburse the remaining Escrowed Funds directly to the Partnership. 5. Escrow Agent shall be liable as a depository only and shall not be responsible for the sufficiency of the funds deposited hereunder,nor shall it be liable in any respect on account of the identity, authority, or rights of the persons executing this Escrow Agreement b. Escrow Agent,as part of the consideration for the acceptance of this Agreement, shalt not be liable for any acts or omissions nor for any claims, demands or losses, nor for any damages made or suffered by any party to this Agreement,erg such as may arise through or be caused by its willful misconduct or dross negligence. 7. In the event of any dispute between the Partnership and the(Sty with respect to the disposition of the Escrowed Funds, Escrow Agent reserve*the right to hold the Escrowed Funds in its possession, and all papers in connection therewith, until a mutual agreement has been reached between all of said parties or until delivery is legally authorized and ordered by final judgment or decree of a court of competent jurisdiction. Escrow Agent shall also have the right but not the obligation, to file an interpleader proceeding and to deposit any funds and/or documents into the registry of the court, the cost of doing so to be reimbursed from the escrow holdings. $. IT IS FURTHER SPECIFICALLY UNDERSTOOD AND AGREED THAT ESCROW AGENT SHALL NOT BE RESPONSIBLE FOR ANY PENALTIES OR LOSS OF PRINCIPAL OR INTEREST OR ANY DELAYS IN T8E WITHDRAWAL OF THE ESCROWED FUNDS WHICH MAY BE IMPOSED BY THE DEPOSITORY AS A RESULT OF THE MAKING OR REDEEMING OF ANY INVESTMENT PURSUANT TO THIS AGREEMENT, NOR SHALL ESCROW AGENT BE LIABLE FOR ANY LOSS OR IMPAIRMENT OF ESCROWED FUNDS WHILE THOSE FUNDS ARE IN THE COURSE OF COLLECTION OR WHILE THOSE FUNDS ARE ON DEPOSIT IN A FINANCIAL ESCROW AGREEMENT, Page 2 9/e 3Jti'd 8948 cLE bIZ'QI d-rl NttW3"IO3 '4 7r3M0d.H0213 be'bt 96-Bi-2[t/1I ARRJ Fax:214-562-0202 Mar 20 '96 16:24 P.05 • IPTSTTTLTIION IF sum LOSSOR OF I RESULTS PROM THE FAILURE, INSOLVENCY'o ON. 9. All notices hereto shall be delivered by either Federal Express or other nationally recognized overnight courier service or by certified mail,return receipt requated and shall be deemed received when actually received in the rase of overnight cornier or three (3) days after mailing in the avant of mailing by certified mail. Notices shall be mailed to the following addresses or such other address as a party may give the other parties notice itt wnfing: If to the Partnership: William E. Campbell, Jr.-Wylie Limited_ Partnership 16475 Dallas Parkway, Suite 500 Dallas, Texas 75248 • With copies to: Lester V. Baum Powell&Coleman, L.L.P. One NortbPark East, Suitt 130 8950 N. Central Expressway Dallas, Teat 75231 and John M.Boyle Boyle&Lowry 1700 W. Pioneer Irving,Texas 75061-6842 If to the City: Honorable Iim Swartz Mayor of the City of Wylie 2000 Highway 78 North Wylie, Texas 75098 With a copy to: Richard M. Abernathy Abe nath.y, Roeder, Robertson &Joplin 101 E. Davis St. Mclty, Texas 75069 • if to Escrow Agent ESCROW AGREEMENT.Page 3 S/6 8VVd S848 CLE tIT,'QI dll NVW3'IO3 V 1'13MOd'WO21d bE°bI 88-8I-MV11 ARRJ Fax:214-562-0202 Mar 20 '96 16:25 P.06 IN WITNESS WHEREOF,the undersiped have executed this Agreement as of the day of March, I996_ WI1f,LIAM E. CAMPBELL,JR..WYLIE LIMITED PARTNERSHIP BY: William E. Campbell, Ir. CITY OF WYLIE, TEXAS BY:_ Name: Title: SearkimEscrAgat • ESCROW AGREEMENT,Page 4 S/. RnM.Y ooio cic •.rW.n♦ ..... .............. ... ...._.._ - - - • F.M. 25/4 PARKER ROAD __ _ ---—— I-1;""-------._._ WILLIAM E.CAMPBELL,JR.— PARKER ROAD LTD.PARTNER- N.:._. SHIP p4RkFR N !LIMITS 44.53 acs. w coTy—_, N N a . . 4 4 • TRACT NO. 5 (PARKER CITY LIMITS i -<.Z\ • m . 0 a . N N 4 ^ „ . • m m .a a WILLIAM E. CAMPBELL,JR.— ' WYLIE LTD. PARTNERSHIP •1 PARKER CITY LIMITS _ 207.452 acs. ,', �_o IV al 4 4 K E.R. DONIH00 Kr 80 acs. s • ti O n_ -TRACT NO. 2 TRACT NO. 4 aesr.590 • • ., A85r. 529 - A857. 589 - ABS1.589 A 0 o .5 . . N N 0 l Q j' V r iO.` PATSY D. FLANAGAN WILLIAM E.CAMPBELL,JR.— m• McCREARY ROAD LTD.PARTNERSHIP 4 i 11O-acs. • = 114.17 acs. 1. NORTH TRACT NO. 1 . TRACT NO. 3 Ns - �°° ..000' McM/LLAN ROAD I�. • �•WYLIE CITY LIMITS Y[,KLIE CITY LIMITS j i • . pj,e, b( ,31q� March 20 , 1996 Honorable Jim Swartz, Mayor of the City of Wylie Members of the City Council Ms. Susan Shuler, City Secretary 2000 Highway 78 North -Wylie, Texas 75098 Re: Petition and Request for Annexation by the City of Wylie of approximately 195.6617 Acres (Subject Property) Dear Mayor Swartz, Members of the City Council of the City of Wylie and City Secretary Shuler: The undersigned in the capacity of General Partner does hereby respectfully petition the City of Wylie to annex the following described property in accordance with the Texas Local Government Code section 43.028 and section 43.0561 and for such would submit the following: 1. Legal description of Subject Property tract of approximately 195.6617 acres is described by metes and bounds in Exhibit"A" attached hereto and incorporated herein. 2. The Subject Property is partially within the city limits of the City of Parker and partially within the city limits of the City of Wylie. 3. The Subject Property is contiguous to the boundary of the City of Wylie. 4. The Subject Property satisfies the requirement of section 43.0561 of the Texas Local Government Code. 5. The Subject Property is one-half mile or less in width. 6. Subject Property is vacant and without residents. William E. Campbell, Jr. -Wylie Ltd. Partnership By: William E. Campbell, Jr., General Partner IIOd [E~ MAR 2 0 1996 ,J ice. AI L. ACKNOWLEDGEMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me by William E. Campbell Jr., General Partner of William E. Campbell, Jr. - Wylie Limited Partnership on the ` day of March, 1996.. 4•,* '� ROBIN J. UPCHURCH NO ARY OF P LIC in and for the State of Texas • _4 NOTARY PUBLIC " STATE OF,TEXAS "�'oo fi' Corn. Exp. 10.28.98 My Commission Expires: /D 'o - 9 PROPERTY DESCRIPTION BEING a tract of land situated in Collin County, Texas, out of the Marshall Survey, Abstract No. 594, and the Wm. Patterson Survey, Abstract No. 716, and being a survey of a called 153 . 88 acre tract as conveyed to John Brodhead from Bankers Life Co. by Warranty Deed recorded in Volume 329 , Page 390, on April 5, 1941, in the Deed Records, Collin County, Texas, and also a called 41. 0 acre tract conveyed to John Brodhead from Myrtle Stinson Phillips, a feme sole by Warranty Deed recorded in volume 390, Page 100, on April 26, 1948, Deed Records, Collin County, Texas, and being more particularly described as follows : ' BEGINNING at a point in the south line of the said Marshall Survey, same being S 89°49' 24" W, 51 .19 feet from the southeast corner of the- said 153 .88 acre tract; THENCE S 89°49' 24" W, a distance of 1500 .28 feet along• the south line of said tract and said Survey, to a 12" elm tree marked "x" ; THENCE N 87°56'45" W, a distance of 1063 . 13 feet to an iron stake for corner; THENCE N 1°49' 34" W, along the west lines of the abovementioned 153 .88 acre tract and the abovementioned 41.0 acre tract, a distance of 3236.01 feet to the northwest corner of the said 41.0 acre tract; THENCE N 89°09'10" E, along the north line of said 41 . 0 acre tract, a distance of 2306 . 01 feet to an iron stake found on the west bank of Muddy Creek; THENCE N 88°11' 54" E, crossing said creek, a distance of 324 . 00 feet to a point for corner; THENCE S 0°37'37" E, a distance of 3312 . 33 feet to the POINT OF BEGINNING and containing 8, 523, 023 square feet or 195 .6617 acres of land, more or less. • '/Z 30Hd e91-e ELE btZ :QI d•11 NVW3103 '4I 113MOd°WO2Id LO : 9L 96-6L-iVW ARR./ Fax:214-562-0202 Mar 20 '96 16:34 P.02 CITY OF WYLIE, TEXAS ORDINANCE NO. AN ORDINANCE ANNEXING A 195.6671 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE L. M. MARSHALL SURVEY,ABSTRACT NO. 594, AND THE WM. PAI-t-j SON SURVEY, ABSTRACT NO. 716, OF THE LAND RECORDS OF COLLIN COUNTY, TEXAS;PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES;PROVIDING FOR AN E1 H CTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council")on March 13, 1996 received a Petition from Wm. E. Campbell, Jr. -Wylie Ltd. Partnership, Wm. E. Campbell, General Partner, requesting annexation of an approximately 195.6671 acre tract of land in Collin County, Texas pursuant to Secs. 43.028 and 43.0561,Local Government Code (the"Petition"); and WHEREAS, the City Council finds Petition submitted is in full compliance with Sections 43.028 and 43.0561, Local Government Code; and WHEREAS, the City Council finds that the property,the subject of this Ordinance, is within the extraterritorial jurisdiction of the City of Wylie, Texas("Wylie")and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, the City Council finds the field notes of the property the subject of this Ordinance close; and WHEREAS,the City Council finds that the property the subject of this Ordinance is one- half mile or less in width; and ORDINANCE ANNEXING 195.6671 ACRES IN COLLIN COUNTY,TEXAS-Page I DAV:lmbozfiwylle annezS3campbdlLordl94O272202 ARRJ Fax:214-562-0202 Mar 20 '96 16:35 P.03 WHEREAS, the City Council finds that the property the subject of this Ordinance is vacant and without residents; and WHEREAS,the City Council finds that it heard the Petition and arguments for and against the annexation on March 26, 1996; and WHEREAS, the City Council finds that it granted the Petition on March 26, 1996; and WHEREAS, the City Council finds that the property the subject of this Ordinance is forty ' (40) or more acres in size and located entirely in a county with a population of more than two hundred sixty thousand(260,000); and WHEREAS, the City Council finds that the property the subject of this Ordinance is located in the extraterritorial jurisdiction of a general law city with a population of more than one thousand(1,000)but less than two thousand five hundred (2,500)that provides water but not sewer services; and WHEREAS, the City Council finds that it agrees to a service plan that provides both water and sewer services to the property to later than three and one-half(3.5)years after the date of the annexation;and WHEREAS, the City Council finds the proposed service plan was available for review and inspection by citizens;and WHEREAS,the City Council finds it has completed the annexation process in compliance with all applicable statutes; and WHEREAS, all legal notices required for annexation have been given in the manner and form set forth by law; and WHEREAS,the City Council has investigated and determined it will be advantageous and beneficial to Wylie and its inhabitants to annex such territory to Wylie; ORDINANCE ANNEXING 195.6671 ACRES IN COLLIN COUNTY,TEXAS-Page 2 DAU:\mbozS\wylle4gnex13aimpbelLord1940272.202 FRR3 Fax:214-562-0202 Mar 20 '96 16:36 P.04 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: CECTION 1! The grape").eleseribeti as fallewa all puhlie streets, rearlways a.nA alleyways located within or contiguous to the same be and the same is hereby annexed to Wylie, to-wit: Said tract of land situated in Collin County,Texas, being all of a called 195.6671 acre tract of land, more or less, in the L. M. Marshall Survey, Abstract No. 594 and the Wm. Patterson Survey, Abstract No. 716, located in Collin County, Texas. Said tract is more • particularly described in Exhibit"A" attached hereto and incorporated herein for all purposes. SECTION 2: The Service Plan for such territory is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, said territory shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and it shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Agricultural Zoning Classification. SECTION 5: Should any part or portion of this Ordinance, or of the use created herein affecting the aforementioned property, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided any and all remaining portions and those provided for within this Ordinance shall remain in full force and effect. ORDINANCE VINEXING 195.6671 ACRES IN COLLIN COUNTY,TEXAS-Page 3 DA\k'mbmcillw ylkbmnea\3ca,npbc1Lord\940272Z42 RRRJ Fax:214-562-0202 Mar 20 '96 16:36 P.05 SECTION 6: This Ordinance shall be effective immediately upon its adoption. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 26th day of March, 1996. JIM SWARTZ,Mayor ATTEST TO: APPROVED AS TO FORM: SUSAN SHULER RICHARD M. ABERNATHY City Secretary City Attorney ORDINANCE ANNEXING 195.6671 ACRES IN COLLIN COUNTY,TEXAS-Page 1 DAU:1mboxS1wyUeVaneY\3c mpbelLord1940272.202 ARRJ Fax:214-562-0202 Mar 20 '96 16:37 P.06 CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. DATE OF ANNEXATION ORDINANCE: MARCH 26. 1996 ACREAGE ANNEXED: 195.6671 ACRES, MORE OR LESS SURVEY, ABSTRACT& COUNTY: L. M. MARSHALL SURVEY ABSTRACT NO. 594 LOCATED IN COLLTN COUNTY, TEXAS WM. PATTERSON SURVEY ABSTRACT NO. 716 LOCATED IN COLLIN COUNTY, TEXAS Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas, at the following levels and in accordance with the following schedule: A_ POLICE SERVICE I. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City of Wylie, Texas, extends police service to any other area of the municipality,will be provided within sixty(60)days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within two (2)years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection and emergency ambulance equipment by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the SERVICE PLAN FOR ANNEXED AREA-Page 1 IAmbox3lwyle1ouu:12aervice pin ARRJ Fax:214-562-0202 Mar 20 '96 16:38 P.07 City of Wylie, Texas, extends fire service to any other area of the municipality, will be provided to this area within sixty (60)days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within two(2)years from the effective date of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area,the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the City. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances,junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty(60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60) days of the effective date of the annexation ordinance. 2. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings,plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty(60)days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60) days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City of Wylie, but not mentioned above, will be provided to this area beginning within sixty(60)days of the effective date of the annexed ordinance. 5. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. SERVICE PLAN FOR ANNEXED AREA-Page 2 I:mboxalwylktanneilberricc.prn ARRJ Fax:214-562-0202 Mar 20 '96 16:38 P.08 D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty(60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Wylie. This property will be included in all plans for providing parks and recreation services to the City. 3. Existing parks,playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie, but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty(60)days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City of Wylie,upon request. 2. As development and construction commence in this property and population density increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty(60)days of the effective date of the annexation ordinance. SERVICE PLAN FOR ANNEXED AREA-Fare 3 1:1mbox$1wy{e\annexl2aerviee.pla RRRJ Fax:214-562-0202 Mar 20 '96 16:39 P.09 G. STREETS 1. The City of Wylie's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty(60)days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City of Wylie. 2. As development, improvement or construction of streets to City standards commences within this property,the policies of the City of Wylie with regard to participation in the costs thereof, acceptance upon completion and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City of Wylie as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained accordance with current City policies. H. WATER SERVICES 1. City agrees to a service plan that provides water service not later than 3.5 years after the date of the annexation. 2. Until development commences on this property, the owner agrees the City does not have an obligation to extend water services to the property. I. SANITARY SEWER SERVICES 1. City agrees to a service plan that provides sewer service not later than 3.5 years after the date of the annexation. 2. Until development commences on this property, the owner agrees the City does not have an obligation to extend sewer services to the property. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City of Wylie in providing services to the area will be maintained by the City commencing upon the date of use or within sixty(60)days of the effective date of the annexation ordinance,whichever occurs later. 2. General municipal administration and administrative services of the City shall be available to the annexed area beginning within sixty(60)days of the effective date of the annexation ordinance. SERVICE PLAN FOR ANNEXED AREA-Fop 4 l:lmbosShrylklrnncsl2servkt.pin ARRJ Fax:214-562-0202 Mar 20 '96 16:40 P. 10 3. Owner agrees to the existing level of service to the area even though those services may be in existence in the area of this annexation immediately preceding the date of the annexation and/or they are otherwise available in other parts of the municipality with land uses and population density similar to those reasonably contemplated or projected within this annexation. • 4. Owner agrees this Service Plan does not require a uniform level of municipal services to be provided to each area of the City if different characteristics of topography, land use, and population density are considered by the City a sufficient basis for providing different levels of service. • SERVICE PLAN FOR ANNEXED AREA-P+sge 5 t irwyllcNannexUservtce p Wylie City Council _u_, Agenda Communication for March 26 1996 Award of Contract for the Site concrete - Service center Issue Discuss and consider the award of contract for the construction of the site concrete (sidewalks, driveways, approaches, and paving) of the City of Wylie Service Center. Background The bids for the construction of the Service Center have been divided into two separate sets in order to assist in cost reduction and to help expedite the construction. By separating the site concrete from the structure itself, the contractors who will bid on the structure will have time to provide more accurate bids that could lead in cost savings. The beginning of the site concrete prior to the construction of the building will also facilitate that construction by having improved surfaces from which the building contractor would be able to stage his work. We received eight qualified bids. The bids were unit price bids which will allow Staff to reduce contract quantities as needed in order to stay within the established budget. After qualified bids are received on the building structure, Staff will reevaluate the site concrete bid and may adjust certain bid units such as additional parking and rear material storage pavement. Board Recommendations N/A Financial Considerations The original budget for the Service Center, prior to the design phase, was projected at approximately $450,000. In the FY 1996 Budget the Council approved a $455,100 budget for the construction of the Service Center. It appears now, after the final design work has been completed, that this amount will not be adequate for the building and the related site work. The Staff has identified in the departmental budgets (General and Utility Funds) $90,000 in budget reductions. At midyear the Staff will request that the Council approve a $90,000 transfer to the Service Center Fund using the identified departmental reductions mentioned above. The final cost of the Service Center will not be known until all of the bids have been received for the construction of the entire project. Staff may have to approach the City Council for additional funding to the Service Center to complete the site work in next year's budget. The low bid on the contract for the site concrete at the Service Center was $156,133.32 and was submitted by East Texas Construction. Attachments Letter from the Hogan Corporation and Site Plan of the City of Wylie Service Center. Proposed Site Plan -Ien;d6 &-'6A‘J%th I CityMgr. A roval Prepared By Community Dev. Appro g pp 03/20/96 12:04 V214 490 7163 THE HOGAN CORP. ---. WYLIE-PRICE [ l002/002 THE HOGAN CORPORATION Engineers • Planners • Consultants March 19, 1996 Honorable Mayor and City Council Members City of Wylie 2000 Hwy. 78 North Wylie,TX 75098 ATTN: Mr. Mike Collins, City Manager RE: New Wylie Service Center Sitework,THC#002-21 Dear Mayor and Council Members: On March 15, 1996. bids were received at the office of the City of Wylie Purchasing Agent and then publicly opened and read aloud for the construction of the above referenced project. During the process of the bid opening, the bid bonds or cashier's checks included with each bidder's proposal were reviewed, and all appeared to be acceptable. The proposals submitted for this project have been thoroughly reviewed in our office. No errors were found that would alter the position of the bidders. Eight(8) bids were received, and the apparent low bid was submitted by East Texas Construction in the amount of$156,133.32. A detailed bid tabulation of all of the bidders is attached for your reference. The Hogan Corporation has received and reviewed the information and references provided by East Texas Construction. We have contacted several of the references provided and all have indicated they would use East Texas Construction again. The City of Wylie has had good prior working relationships with East Texas Construction on a recent project Based on this information,we have no hesitancy in recommending award of the construction contract to East Texas Construction in the amount of $156,133.32_ This project is the first part of the overall Service Center project. Bids for the remainder of the project have not been received at this time. Therefore,we recommend that a Notice to Proceed not be issued until bids for the remainder of the project have been received. When all of the bids have been received, we will be able to set a final total project budget and adjust the quantities for this project to,fit the budget as needed. Should you agree with our recommendation, please notify this office, and we will proceed with preparation of the Contract Documents. Yours very truly, THE HOGAN CORPORATION Greg rj . MacLean. P.E. Vice President Enclosure cc: Wayne Mormon ± Member,Consulting Engineers Council of Texas 12900 Preston Road at L SJ,Suite 620 Member,American Consulting Engineers Council North Dallas Bank Tower Dallas, Texas 75230 TEL:(214)392-4600 FAX:(214)490-7163 • 1 I 1 1 1 II : I I' 1 1 1 1 1 II . it I 1 ' I 1 EXTENT CF CONCPETE PAVNG I _. I., I • _ I I T I / \ / II 1 H , 1i i 1 •7 r " I I ' - dam: r 'III i xx,:y x K* I __ • .nl is 1 , - 1 1 s ° ° m I ° ° 1 _ jI I m� 1 ; i 1 1 1 [ 1 PROPERTY Lt\E _ , I 1 ^ II ! I I 1ni 1 1 I , j f i 1 I I 1 1 ' 0 0 ° ° ° I 1 I I I 1 L4DSCAPi NG •` 1 I I1\ \ I LANDSCAPING \ O LANDSCAPING 1 ��ll HENSLEY LANE PROPOSED SETE PLAN 1 SCALE:r=5 4 ► Wylie City Councilal #10 Elgenda Communication for March 26, 1996 Hold Public Hearing and Consider Ordinance Changing Zoning Issue Hold a Public Hearing and consider a recommendation from the Planning and Zoning Commission for a zone change from "A" Agriculture and "B1" Business-1 to "PD" (Planned Development, including "O" Offi ce "B-1" Business-1 and "B-2" Business-2) for 4.7338 acres of property owned by RobertHeath. Background Mr. Robert Heath owns the Windmill Trading Post at 1890 Highway 78 N. and is currently in the process of obtaining approximately 4.7338 acres directly south of this property. He is requesting to rezone the entire tract to a "PD" Planned Development. The existing Windmill tract is currently zoned "B-1". The remainder of the property is zoned "A". A "PD" is being requested to impose various restrictions on the uses and heights permitted, and to grant variances to the setback allowances. The development will be tied to a Concept Plan which will be attached and made a part of the "PD Ordinance". This Concept Plan is for the redevelopment of the existing mini-warehouses (Windmill Trading Post) including renovation and improvement to the facades of the structures facing Hwy. 78. Retail and office buildings would also be incorporated. The base zoning of B-1 is being utilized because it allows most of the uses desired for this property and contains various development regulations to assure that the ultimate formation of the property will be compatible with the surrounding zoning and development patterns. Public Hearing Notifications were sent to all property owners within 200' of this site. To date, none were returned either in favor or against the zone change. Board Recommendations The Planning and Zoning Commission passed a motion for a recommendation to the City Council approving the zone change request with the added stipulation that a three (3) foot setback be placed on exterior property lines of Tract 1 and 2 in lieu of maintenance easements from adjoining property owners for the maintenance of the masonry walls which might be built adjacent to those property lines. Financial Considerations N/A Legal Considerations N/A Staff Recommendations Staff recommends approval of the zone change to a Planned Development as .amended by P&Z. Attachments PD requirements and conditions, site plan, Location Map, and Zoning Map of surrounding area. Prepared By Dir. of Comm. Dev. Ap royal City Mgr. Approval ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION FOR THE PROPERTY DESCRIBED HEREIN OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED SOUTH OF HWY. 78 AND EAST OF EUBANKS, AND FURTHER DESCRIBED AS 1890 HIGHWAY 78 N., AND ABSTRACT 688, PART OF TRACT 67 FROM BUSINESS-1 'B-1" AND AGRICULTURE "A",TO PLANNED DEVELOPMENT "PD"; AMENDING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), ORDINANCE 86-1, AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the real property hereinafter described was zoned Business-1 "B-1" by virtue of Ordinance No. 86-9 adopted on the day of , 1986; and, Agriculture "A" by virtue of annexation Ordinance No. 88-37 adopted on the 13th day of December, 1988; and, WHEREAS,the most recent Zoning District Map for the City, adopted on the 9th day of July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the Business-1 "B-1" and Agriculture "A" zoning of the subject property, which it now enjoys; and, WHEREAS, the owner of the property has properly filed a request with the City to change the zoning classification from Business-1 and Agriculture to Planned Development; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for change in zoning classification be granted; and, WHEREAS,the City Council has heretofore conducted a public hearing on the proposed change and found that it meets one or more of the requirements for amendments as stated in section 35.1 of the Zoning Ordinance; NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I (a)That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code,be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following property described on the attached Exhibit "A", a property proposed to be platted as Windmill Village from Business-I "B-1 and Agriculture "A" to Planned Development; (b) The use of all property in such area being limited to and governed by the following conditions: Business-1 District Permitted Uses: Tract 1: Uses permitted in the "R"Retail District; office, general; and limited warehousing and distributions (including "mini" or convenience warehouse); Tract 2: Limited warehousing and distributions (including "mini" or convenience warehouse); Tract 3: Office, general; warehousing and enclosed storage; light fabrication and assembly processes-facilities for the manufacturing, fabrication, process, or assembly of products, provided that such facilities are completely enclosed and provided that no effects from noise, smoke, glare, vibration, fumes or other environmental factors are measurable at the building wall. Height Regulations: No building shall exceed 40 feet, except cooling towers, roof gables, chimneys, vent stacks or mechanical equipment rooms may project not to exceed twelve(12)feet beyond maximum building height. Area Regulations: A twenty(20)foot front yard shall be required on Tract 1 adjacent to S.H. 78, and a three(3) foot setback for maintenance purposes shall be placed on exterior property lines of Tract 1 and Tract 2. Minimum Lot Size: None Minimum Lot Width None (at building line): Minimum Lot Depth: None Minimum Off-Street Requirements shall be provided in accordance with Section 24 of the Parking: City of Wylie Zoning Ordinance. The above provided uses being generally in conformance with the standards and regulations associated with the B-1 zoning district classification, except for the variations from such standard requirements as herein above set forth. SECTION II The stated purpose and intent of granting the within specified Planned Development Designation is to establish a planned development by incorporating and redistributing various development uses resulting in the creation of a successful business development within an overall master planned vicinity. SECTION III That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION IV Any person violating the provisions of this ordinance,or any part hereof, shall be guilty of committing 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 V Should any paragraph,sentence, sub-division, clause,phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VI This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION VII That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VIII The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance;nor shall it have the effect of discontinuing, abating,modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th day • DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 26th day of March, 1996. By James D. Swartz Mayor ATTEST: Susan Shuler City Secretary PURPOSE OF REQUEST WINDMILL VILLAGE Planned Development District is being requested to allow for imposition of various restrictions on the uses and heights permitted, and to grant variances to the setback regulations as well as to tie the development to a Concept Plan which will be attached to and made a part of the P.D. Ordinance. Specifically, this Planned Development District request is to: o To permit the redevelopment of the existing mini-warehouses on Tract 1 including the renovation and improvement to the facades of the offices facing S.H. 78; o To allow for the construction of a one story, 6,040± square foot retail building on Tract 1; o To allow the expansion of the mini-warehouse use,including fenced open storage, onto Tract 2, and finally; o To allow for the development of a one story, 25,000 square foot office/tech building on Tract 3, adjacent to Eubanks Lane. The base zoning ofB-1 is being utilized because it permits most of the uses desired for this property, and contains various development regulations to assure that the ultimate development of the property will be compatible with the surrounding zoning and development patterns. March 11, 1996 PROPOSED PLANNED DEVELOPMENT CONDITIONS FOR AN 6± ACRE TRACT S. OF HIGHWAY 78, EAST OF EUBANKS LANE WINDMILL VILLAGE REQUEST: Planned Development District for Office, Office Tech, Retail and Mini-warehouse Uses TRACT 1 Land Area: 1.4± acres Existing Zoning: B-1 TRACT 2 Land Area: 2.6± acres Existing Zoning: Agriculture TRACT 3 Land Area: 2.0± acres Existing Zoning: Agriculture Planned Development Conditions: A. General Regulations: The development of the property shall be generally in accordance with the attached Concept Site Plan and the regulations of the "B-1" District regulations, as specified in Section 17 of the Zoning Ordinance, except at specifically provided herein. 1. Use Regulations: A building or premise shall be used only for the following purposes: • Tract 1: a. Uses permitted in the"R"Retail District. b. Office, general c. Limited warehousing and distributions (including "mini" or convenience warehouse) Tract 2: a. Limited warehousing and distributions (including "mini" or convenience warehouse) Tract 3: a. office, general b. Warehousing and enclosed storage. c. Light fabrication and assembly processes - facilities for the manufacturing, fabrication, process, or assembly of products; provided that such facilities are March 11, 1996 completely enclosed and provided that no effects from noise, smoke, glare, vibration,fumes or other environmental factors are measurable at the building wall. 2. Height Regulations: No building shall exceed 40 feet, except cooling towers, roof gables, chimneys, vent stacks or mechanical equipment rooms may project not to exceed twelve (12) feet beyond maximum building height. 3. Area Regulations: a. Size of Yard: There shall be no minimum side, front or rear yard required within Tract 2 or side or rear yard on Tract 1. However, a 20 foot front yard shall be required on Tract 1 adjacent to S.H. 78. b. Where a wall is placed at less than three (3) feet from the rear and side property lines, no openings or penetrations shall be permitted in that wall, and a three(3)maintenance easment shall be obtained from the abutting property owner to allow for the maintenance of the wall. • March 11, 1996 • . /]� WINDMILL Imw 10 :, -7 �t / p �- !/� •dlli `'III. ♦ i rr"y,,,f1..!'.,"iO Gra L� �,P:.� -. V..� .. > t lly IIII4II;i�,:.NH• NDMILL CONCEPT ELEVATION VILLAGE HIGHWAY NO. 18 PROJECT DATA CZS LOT el1QJ� vm, a. PROPOSED USE:PD IAETAII/OFFICE/370R AGE) 1..Usumw0 LAND AREA,1.1t AC. RETAIL SO.PT..l 04 t ".. i-" o—--• , y.1Q OFPICE 30.PT.,I,bO I ,,r (' p NINI 9 ORAGE Su P ..Il30pt •• / —--� I J 11 PAR1�R'NFFG((//�r,fIE.QUIRED: 3 3 . `V 1µc.) o...c. I .� DTOfiAGE {p, I TOTAL 31 SP. i P��KI(l411C(,.pRO VIDEO:31 3P. SURPLUS PARKING:O SP. PROPOSED )0' /� e ' LOT RI ONE STORY 4 �_-_ 1 RETAIL BLDG. �/ I LOT n - ., PROPOSED USE.PD IINI STORAGE V/ON 51TE _._ ew. SECURITY OFFICE/ APT.) .... �-� ,l ' ynpeiOi� LAND AREA.2.t1 AC. MINI STORAGE S0.FT.,433001 wee Fb°Cf L.:UV.o OPPICE/ APT.50.PT..uoo. .weo.:n MM. �� - "�'�' P. • nJ.. PARKING REQUIRED: li SP. 1L p PARKING PROVIDED. Y?^^• } ;,!'� SURPLUS PARKING, It I SP. • -. LOT e3 IPROPOSED USE:8-I IOFFICF./TECH) LAND AREA. ., 2 AC. i DLDG. SO.IT.. 2LAOOs I PARKING REQUIRED: Li SP.. PARKING PROVIDED, CO SP. ISURPLUS AM SOS PARKING. i SP. ...:�..d.....,.....°06 e61 NK'e 1 4/10°°N M µ11A. .N'H1 n01RLx KUI 1 Y/t°°O V N R°..Ge Y V. 9 w ICC.rrs.[1 tr.1r. ii0 © > CONCEPT S/TE PLAN • e.aro t _ 1-�....e1 ..r�I,, ie' 'f 1 !T .I I z l . 1 _ 1 N �� iyt0" f0 m 00 �i( I ., '� I .'_. ,I Hallo fas ° • _ b PROPOSED ONE STORY q I •i AND +: i • T- OFFICE / TECH. 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OLO NWY 18' Wylie City Council #1i fIgenda Communication for March 26, 1996 Hold Public Nearing- Consider Ordinance for SOP for Permanent Batch Plant Issue Hold a Public Hearing and consider a request from Bodin Concrete for an Industrial classification - Specific Use Permit ("I-S") to place a permanent batch plant at 1502 West Kirby (FM 544). Background Bodin Concrete is requesting to construct a ready mix concrete plant at 1502 West Kirby (FM 544). The City of Wylie's Zoning Ordinance allows a batch plant (permanent) to be located in Industrial Classification as a Specific Use. The Planning and Zoning Commission must determine that the use is in general conformance with the Master Plan of the City and harmonious and adaptable to building structures and uses of abutting properties and other property in the vicinity of the premises under consideration. The Commission may attach, as necessary, any requirements and safe guards to protect those properties. This site was formally a concrete batch plant known as Eagle Ready Mix, Inc. It consists of approximately 3.97 acres of land supporting 6,520 square feet of building improvements. Bodin Concrete has a ready mix plant in both Rockwall and Rowlett. The plant in Rockwall, located at 2010 Kristy Lane, has been in operation for many years. The City of Rockwall or the Texas National Resource and Conservation Commission (TNRCC) has not had a complaint. The plant in Rowlett is relatively new, with Rowlett also reporting no complaints. In both cities, Bodin's plants are located in isolated industrial districts and cannot be seen from the main road. The TNRCC was contacted and have maintained a file on the Rockwall plant since 1977. The only violation they have was clerical, for failure to submit a name change in 1993. The TNRCC has recently renewed Bodin's permit for another 15 years. Bodin Concrete has made application for the Standard Exemption for a permanent concrete batch plant with the TNRCC and are entering the notification phase of the process. The TNRCC has provided the list of conditions which must be met for a permanent batch plant to receive the Standard Exemption, and that list is enclosed. TNRCC will be represented at the Planning & Zoning meeting to provide information on the conditions of the Standard Exemption and the permit process of that agency. TNRCC should not be expected to field inquiries regarding land use issues since their requirements do not pertain to this specific location but to any such operation at any location in the State. Included is a letter from Bodin that lists pertinent facts regarding site data, plant usage and employment details. City Staff sent out Public Hearing Notifications to property owners within 200' of the proposed site and to date one was returned, in favor of the Specific Use Permit. Financial Considerations Information from the Finance Department is also included regarding estimated ad valorem tax issues and sales tax issues. Legal Considerations N/A Staff Recommendations N/A Attachments Letter from Bodin listing pertinent facts, TNRCC Standard Exemption List, SUP Application, copy of returned Public Hearing Notice, and Zoning & Location Maps. 2,44,19 CAVIAtii Prepared By Dir. of Comm. Dev. Ap oval City Mgr. Approval Co. Ific, /in �1 / c r tte ,i00111111,°111°I.eado.iiii rk CpArl -11 -ow P.O, BOX 109 ROWLETT.TEXAS 75088 4810 BOYD BLVD. ROWLETT, TEXAS 75088 475-8118 Proposed Ready Mix Concrete Site Use Ready Mix Concrete Plant Site Data: Sec Figure 2 The subject site was formerly.a ready mix facility known as Eagle Ready Mix, Inc.. The property is located at 1502 Kirby(FM 544),Wylie, Collin County, Texas. The property consists of approximately 173,107 square feet of land area supporting 6,520 square feet of building improvements. Currently, the front one-quarter of the subject is improved with an office building and associated site improvements(i.e., paved parking, landscaping, etc.). Additionally, there is a single family residential structure in poor condition, this building will be torn down. The rear three-quarters of the site is generally paved with reinforced concrete and is surrounded by a+/-6' chain-link fence with a 3-strand barb-wire top. This paved, fenced portion of the property has a 40' x 60' metal industrial building located in relatively close proximity to the office on the front quarter of the property. There arc also bays formed by concrete blocks located around the paved area. The temporary, portable`office"building and sheds on this portion of the subject will be removed. Site Improvements The subject property is improved with several structures which supported the previous concrete ready-mix facility. These structures include: (1) +/_2,220 SF office building with paved parking and perimeter walks; (2) +/-2,400 SF metal/steel hanger style building with office area;(3) +/- 1,900 SF residential structure with attached garage;and (4) a temporary portable"office" and sheds which are of no contributory value that will be removed. There is an estimated 72,000 SF of concrete paving on the site,including the drives, parking and work areas. Additional items include various landscape items and a six-foot perimeter security fencing. Concrete Plant A Vince-Hagen dry batch concrete plant with 600 barrel cement storage silo, 300 barrel fly ash silo and required dust abatement equipment will be erected on site. Aggregate storage bunker A will contain approximately 2000 tons of rock; aggregate storage bunker B will contain approximately 1500 tons of sand. Employment It is our intention within 12 months of purchasing the new facility to move the corporate office from its current location to this site. Bodin Concrete Company, Inc. currently employs approximately 65 employees with sales of approximately$15 million. Moving to - the new site will enable us to add an additional 20 employees to the company and hopefully increase sales by$5 million. If the special use permit is granted,Bodin Concrete Company, Inc. hopes to have the facility operational within 60 days. NON PAVED / N • 11 I i l l 1 1 l 1 1 1 1 1 1 1 1 1 1 1 1 L i I t . 1 MATERIAL TRK PARKING 0. CC O 00 OM 00 �O W c 2 DIESEL SAND TANK W. rigrigia_ i BATCH ,OFFICE RECLAIMER SITE SHOP 40 BLDGS TO BE REMOVE' 71RuCK PAW DOG LAWN BODIN CONCRETE CO SITE PLAN ED LPG — OFFICE-CVSTOMER LAWN PARK- Ma-N—PA Pt( 40^ k 8� �. FI21 �c8 FAA 54.2 KIRBY Texas Natural Resource Conservation Commission Standard Exemption List 71. Any permanently or temporarily located concrete plant* that accomplishes wet batching, dry batching, or central mixing, and operates in compliance with the following conditions: (a) All stockpiles shall be sprinkled with water and/or dust-suppressant chemicals as necessary to achieve maximum control of dust emissions. The stockpile sprinkler system shall be operable at all times. (b) A mechanism shall be installed on each bulk storage silo to warn operators when the silo is full. (c) All permanent in-plant roads (batch truck and material delivery truck roads) shall be paved with a cohesive hard surface that can be repeatedly swept, washed, and maintained intact and cleaned as necessary to achieve maximum control of dust emissions. All batch trucks and material delivery trucks shall remain on a paved surface when entering, conducting primary function, and leaving the property. Other areas on the property subject to vehicle traffic shall be watered, treated with dust- suppressant chemicals, oiled, or paved and cleaned as necessary to achieve maximum control of dust emissions. (d) The cement weigh hopper shall be vented to its own fabric filter or the central collection system specified in condition (f). (e) All bulk storage silos shall be equipped with fabric filter(s) having a maximum filtering velocity of 4.0 feet per minute (ft/min) with mechanical cleaning or 7.0 ft/min with automatic air cleaning or shall be vented to the central collection system specified in condition (f). (f) The dust emissions at the batch drop point (drum feed for central mix plants) shall be controlled by a shroud or other pickup device delivering a minimum of 4,000 actual cubic feet per minute of air to a fabric filter with automatic air cleaning and a 7.0 ft/min maximum filtering velocity, or automatic sequenced mechanical cleaning (not manually activated) and a 5.25 ft/min maximum filtering velocity. (g) Unless the facility is to be located temporarily in or contiguous to the right-of-way of a public works project, public notice and opportunity for public hearing, as specified in Section 116.10(a) (3) and (4) and (b), must be published and documentation provided to the Texas Natural Resource Conservation Commission (TNRCC). A temporarily located plant exempt from public notice may provide concrete for the same contractor for project segments with the same governmental entity, but may not produce concrete for other unrelated projects or other governmental entities. (h) Spillage of cement and fly ash used in the batch shall be cleaned up immediately and contained or dampened so that dust emissions from wind erosion and/or vehicle traffic are minimized. (i) All open-bodied vehicles transporting material from a dry batch plant to the paving mixer(s) shall be loaded with a final layer of wet sand and/or the truck shall be covered with a tarp to reduce the emissions of dust to the minimum level possible under existing conditions. (j) Before construction of the facility begins, written site approval shall be received from the Executive Director of the TNRCC, and the facility shall be registered with the TNRCC Office of Air Quality in Austin using Form PI-7, including a current TNRCC table 20. • A temporarily located concrete facility occupies a designated site for not more than 180 consecutive days or supplies concrete for a single public works project or for the same contractor for related project segments, but not other unrelated projects. CITY OF WYLIE 2000 HWY. 78N.-P.O. BOX 428 WYLIE,TEXAS 75098 (214)4-42-8100 • FAX 442-4302 PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday March 18, 1996 at 6:30 p.m. and if approval is given, the City Council will hold a Public Hearing on Tuesday, March 26, 1996 at 7:00 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North, to consider approval of an "SUP" Special Use Permit for Bodin Concrete for Industrial zoned property -located at 1502 West Kirby, and further described as: Abstract 266, Tract 26 As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Bodin Return this form to : Lisa Price, Technical Coordinator / P.O. Box 428 Wylie, Texas 75098 2d I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below e L �� v �E(\c ( � 1. O�=�Ec��i��5 L�nclet f�� SLtt� ��, , �II 11cLo ��, y Sc . c'CnA l i -d L'nliciCinb"}164,r ( CC)r) c"PS, 2. P;bs., p;,e--)p6 $y Lz. , 1 i c� ►�� -I 1 ,z� . 3. T he WyCjC' 1 x b -sc- LL � << C cnh.incccj . Signature r4 Printed Name 'Jv(-\ Yc,Ac. q Address ((!; l v. f1A1 e 8 6 -1 ts Iv' r , I N 00 - I 22 _.J rrtsibL, R _____ _8_6__ —444 13 5_— • ;____ . ____8 4_—6 __ __ ___ _ I it'll- I- i :\ : I 1 I 2 ' ' . N 4 .: __ _ _ -r.s . /6k ___ ..... s„,, I A* 1 PAM! : ,' , '-' --i -4 I '• 'VW/_ — 76E..,0-11MSN; 27A -- -" A 1 , • , AIN trikt vow v 5 —7 4 A . b._. .A - _, ,, , _ L_ to, 4 ii* ....11 A 8 5 — 1 00 :12 bit #1- . .1 n fp/ . I - 1 - Art " 1111 4= E lac Fif 1 2f,4 i_ . ..go-, 0 . . .--____ .v. . - 7.-.A.,0-11 I- 1,-1 p 1 1 Oh 14 9 3 —3, PP.--' ' ' A • . 'N ir 11 I ..adt - . • c\I • mai 3 jimilm.. . . 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' I' l l7 161151141131121111101 9 I ® ' • : 2 4 3 o 17" :Lail Nor4._ t• * la7)n / / ' " 0 L i / .�. 115 1( 21 2C CARLSON I 16 INCVSTL,RAL E:G.E IN.ESi MEt.'S —_ -- —PARK DE Vc,iP _ -- — -- IS 3=6 AC I �E 6E aC a Ic I.� AS 4p PC v 'OI _ I O1 L4I. 1 I -- -- aI. i�T. L S /t .o�,. -0T tKI a..CMa / 1 I] 21 I 5 4 3 > S-----111 / IL I «- li. eII SINE SS waY �_ Ef iil li 0 . :::,7-'11E'L':. RO DEL REY i 10 11 12 I = c : :�,.,y o_ / PROPERTIEi aW �- /!// 1<.s32 AC I H LOT 2 =1 Y _ tom: o I I � _OT • I �6_ ' f 1 •1 EaGIE- , INVESTME%'c I Y < _ - Yam♦ w0 7.. BOY.e`NNE E' ' - WESTGATE f_ SANDEN ADDN. CENTER rNve,Tl v Phase 2 �P i Lot I •`•�O / Lot I Eca. •. B1k. A fslk. B �'. Lot BIk.A Phase 2 i ,./.." I ;fJi. ' !�.�.1dtb 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 GRANT A SPECIFIC USE PERMIT FOR A PERMANENT BATCH PLANT AS HEREIN DEFINED ON A TRACT OF LAND DESCRIBED AS ABSTRACT 266, TRACT 26, ALSO BEING 1502 WEST KIRBY; PROVIDING FOR A SEVERABILITY CLAUSE; AND REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a Specific Use Permit for a permanent batch plant has been requested by Bodin Concrete for the property described as Abstract 266, Tract 26 and being 1502 West Kirby; and, WHEREAS, the Planning and Zoning Commission of the City of Wylie and the governing body of the City of Wylie, in compliance with the laws of the State of Texas and the ordinances of the City of Wylie, have given the requisite notices by publication and otherwise, and have held public hearings and afforded a full and fair hearing to all property owners generally, and to all persons interested in and situated in the affected area and in the vicinity thereof, the governing body in the exercise of its legislative discretion has concluded that the Comprehensive Zoning Ordinance of the City of Wylie should be amended as follows: NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Wylie, Texas: SECTION 1 That the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, be and the same is hereby amended so as to grant a Specific Use Permit for a permanent batch plant as provided herein on the following described property: Abstract 266, Tract 26 and being 1502 West Kirby and further described on the approved site plan attached hereto as Exhibit "A". SECTION 2 That the Specific Use Permit shall be subject to the following special conditions: 1. Obtain appropriate permit or exemption from the Texas Natural Resources Conservation Commission (TNRCC) 2. Comply with all other provisions and the requirements pertaining to manufacturing processes in the Industrial District "I" of the Comprehensive Zoning Ordinance including smoke, particulate matter, dust, odor, gas, fumes, glare, vibration, noise, and water pollution. SECTION 3 That the above described tract of land shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Wylie as heretofore amended, as amended herein by granting of this Specific Use Permit and as may be amended in the future. SECTION 4 That all ordinances of the City of Wylie in conflict with the provisions of this ordinance be, and the same are hereby repealed to the extent of that conflict. SECTION 5 Any person violating the provisions of this ordinance, or any pat hereof, shall be guilty of committing 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 6 If any section, paragraph, or provision of this ordinance or the application of that section, paragraph, or provision to any person, firm, corporation or situation is for any reason judged invalid, the adjudication shall not affect any other section, paragraph, or provision of this ordinance or the application of any other section, paragraph or provision to any other person, firm, corporation or situation, nor shall adjudication affect any other section, paragraph, or provision of the Comprehensive Zoning Ordinance No. 85-23A of the City of Wylie, Texas, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions for this ordinance are declared to be severable. SECTION 7 That this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED this 26th day of March, 1996. By: James D. Swartz, Mayor ATTEST Susan Shuler, City Secretary Wylie City Council #12 • R,9 ends Communication for March 26, 1996; Void.Public IQaring Final Comment on 1993 TCDP) Disaster R¢lief. _.umimmim...m...imom.............umi..m...mmimumm...i.oammmul Issue Hold public hearing to allow final comment regarding the completion of the 1993 Texas Community Development Program - Disaster Relief Project - Contract No. 703047. Background After the tornado in May, 1993, Governmental Service Agency, Inc. was asked to handle all grant applications for disaster relief, dispersal of payments and general administrative details for the Texas Community Development Program (TCDP). The TCDP rules require that a public hearing be held for citizens to comment prior to the close of the contract. Following the hearing, GSA will close the files and no other funds will be dispersed. Citizens that have been involved in the grant process have been notified by GSA prior to the close of the contract to submit any final bills for payment. A notice of public hearing was published in the Wylie News on March 20, 1996. Financial Consideration Attached is a final expenditure expense summary. Legal Consideration The TCDP requires that a final hearing be held before the contract can be closed. Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Final Expense Summary )1)/IVC.i.â-& / 2 repared and pproved By City Manager Approval , City of Wylie - TCDP Project No. 703047 - Final Expenditures TCDP FUNDS: TCDP TCDP TCDP TCDP Draw Date To Whom Purpose Relocation Rehab Demo Admin Total Cumulative 1 2/15/94 GSA Inv.#1 $5,000.00 $5,000.00 $5,000.00 2 3/15/94 GSA Inv.#2 $1,000.00 $1,000.00 $6,000.00 3 5/15/94 GSA Inv.#3 $1,000.00 $1,000.00 $7,000.00 4 6/15/94 GSA Inv.#4 $2,000.00 $2,000.00 $9,000.00 5 7/15/94 Rogers/Robinson Relocation $25,000.00 $25,000.00 $34,000.00 Frederick Relocation $5,000.00 $5,000.00 $39,000.00 6 7/25/94 Elliott Relocation $4,513.44 $4,513.44 $43,513.44 7 8/15/94 GSA Inv.#5 $1,000.00 $1,000.00 $44,513.44 8 9/15/94 GSA Inv.#6 $1,000.00 $1,000.00 $45,513.44 Smith Rehab $4,306.64 $4,306.64 $49,820.08 9 10/15/94 GSA Inv.#7 $1,000.00 $1,000.00 $50,820.08 10 12/1/94 Smith Relocation $5,693.36 $5,693.36 $56,513.44 11 1/10/95 GSA Inv.#8 $1,000.00 $1,000.00 $57,513.44 Scallia Relocation $10,000.00 $10,000.00 $67,513.44 Scallia Demolition $990.00 $990.00 $68,503.44 12 3/15/95 GSA Inv.#9 $2,000.00 $2,000.00 $70,503.44 13 4/1/95 Henry Relocation $10,000.00 $10,000.00 $80,503.44 14 4/15/95 GSA Inv.#10 $1,000.00 $1,000.00 $81,503.44 15 5/2/95 Taylor Relocation $5,800.00 $5,800.00 $87,303.44 16 5/15/95 GSA Inv.#11 $1,000.00 $1,000.00 $88,303.44 17 5/15/95 Elliott Rehab _ $5,950.00 $5,950.00 $94,253.44 18 6/30/95 Eaves Rehab $6,255.00 $6,255.00 $100,508.44 19 7/20/95 Elliott Rehab $1,011.36 $1,011.36 $101,519.80 20 8/25/95 Esquivel Relocation $19,455.41 $19,455.41 $120,975.21 21 8/25/95 Elliott Rehab $1,975.00 $1,975.00 $122,950.21 22 12/2/95 Elliott Rehab $993.19 $993.19 $123,943.40 TCDP TOTAL $85,462.21 $20,491.19 $990.00 $17,000.00 $123,943.40 BUDGET $200,000.00 $100,000.00 $20,000.00 $30,000.00 $350,000.00 Page 1 03/2E/1996 15: 56 2143421696 GOUT SERVICE AGENCY PAGE 02 CITY OF WYLIE - DISASTER RELIEF GRANT NO. 703047 RECAP OF EXPENDITURES 1. Bernice Rogers/Carolyn Robison received $25,000.00 in relocation assistance. 2. Susan Frederick received $5,000.00 in relocation assistance. 3. Glenn and Paula Elliott received $4,513.44 in relocation assistance plus $9,929.55 in housing rehabilitation assistance. 4. Franklin and Doris Smith received $5,693.36 in relocation assistance plus $4,306.64 in housing rehabilitation assistance. 5. Wesley and Pam Scallia received $10,000.00 in relocation. assistance plus $990.00 in demolition assistance (to remove destroyed home). 6. Pam Henry received $10,000.00 in relocation assistance. 7. Judy Taylor received $5,800.00 in relocation assistance. 8. Mildred Eaves received $6,225.00 in housing rehabilitation assistance. 9. Martin and Maria Esquivel received $19,455.41 in relocation assistance. Unfortunately, only$106,943.40 of the $320,000 was expended. We feel the main reason for this was the delay between the actual time of the tornado and the receipt of the grant. Susan, I will probably be in the office late, so call if you have any questions. 03./2E1199E 15: 56 2147:-1421eSF: GOUT SERVICE AGENCY PAGE 02 CITY OF WYLIE - DISASTER RELIEF GRANT NO. 703047 RECAP OF EXPENDITURES 1. Bernice Rogers/Carolyn Robison received $25,000.00 in relocation assistance. 2. Susan Frederick received $5,000.00 in relocation assistance. 3. Glenn and Paula Elliott received $4,513.44 in relocation assistance plus $9,929.55 in housing rehabilitation assistance. 4. Franklin and Doris Smith received $5,693.36 in relocation assistance plus $4,306.64 in housing rehabilitation assistance. 5. Wesley and Pam Sealliu received $10,000.00 in relocation assistance plus $990.00 in demolition assistance (to remove destroyed home). 6. Pam Henry received $10,000.00 in relocation assistance. 7. Judy Taylor received $5,800.00 in relocation assistance. 8. Mildred Eaves received $6,225.00 in housing rehabilitation assistance. 9_ Martin and Maria Esquivel received $19,455.41 in relocation assistance. Unfortunately, only $106,943.40 of the $320,000 was expended. We feel the main reason for this was the delay between the actual time of the tornado and the receipt of the grant. Susan, I will probably he in the office late, so call if you have any questions.