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10-28-2003 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA TUESDAY, OCTOBER 28, 2003 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALF TO:ORDER PRO(LAI A l'I IS&.PRESENVA U INS:. • Reach for a Star—Unveiling of the 2003 Star Tree CITIZENS;PARTICIPATION CONSENT A,GENT#A All matters lasted der the.0 onsent A ida are consid Bred to be rout a by a+l ty Council aid vtill bee enar l by one motion. t here will n►t be separate eliscussion aI these items II discuss 'is desired,that ite will lie:removed from the consent Agenda.and wil be considered separa ly A. Approval of the Minutes from the Regular Meeting of October 14, 2003. B. Consider and act upon a Final Plat for the Birmingham Farms Phase 4 Addition, being all of a certain 13.955 acre tract combining the 5.911 acre tract of land called Tract A and the 8.044 acre tract of land called Tract B, generally located east of Country Club Road (F.M. 1378) at Talladega Drive, as described in a Contract for Deed to Centex Homes, and being situated in the C. McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County, Texas. C. Consider and act upon a Final Plat for the Birmingham Farms Phase 13A Addition, being all of a certain 25.961 acre tract of land, generally located east of Country Club Road (F.M. 1378) and south of Park Boulevard, as described in a Contract for Deed to Centex Homes, and being situated in the C. McUlmurry Survey,Abstract No. 629, City of Wylie, Collin County, Texas. D. Consider and act upon a Final Plat for the Southbrook Phase I Addition, being all of a certain 26.2357 acre tract of land, generally located north of Elm Road (County Rd. 381) and east of South Ballard Avenue, as described in a deed to S.C. Parsons, as recorded in Volume 5049, Page 2916 and Volume 4906, Page 707 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the D.W. Williams Survey, Abstract No. 980, City of Wylie, Collin County, Texas. E. Consider and act upon a Final Plat for the Alanis Addition, being all of a certain 5.201 acre tract of land, generally located east of Ballard Avenue and north of Alanis Drive, as described in a deed to Richard D. Nance, et al, as recorded in County Clerk's File No. 97-0054771 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. F. Consider and act upon a Preliminary Plat for the McCreary-F.M. 544 Addition, being all of a certain 7.2575 acre tract of land, generally located north of F.M. 544 and east of McCreary Road, as described in a deed to Heatley-Moist, Inc., Trustee, recorded in County Clerk's File No. 96-0021299 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. G. Consider and act upon a Final Nat, being a Re-plat of Lot 46, Block D, Cimarron Estates Phase II Addition, being all of a certain 0.195 acre tract of land, located at 2917 Jamestown Drive, as described in a deed to Centex Homes, recorded in Volume 5136, Page 1815 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Francisco De La Pina Survey,Abstract No. 688, City of Wylie, Collin County, Texas. H. Consider and act upon a Final Plat for Lots 5A and 5B, Block A, being a Re-plat of Lot 5, Block A, Greenway Addition, being all of a certain 1.40 acre tract of land, generally located east of Westgate Way and south of F.M. 544, as described in a deed to Greenway-Wylie, L.P., recorded in Volume 4734, Page 2858 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 267 and in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. I. Consider and act upon authorizing the City Manager to enter into negotiations with Trinity Waste Services to extend the current contract. J. Consider and act upon a request from the Wylie Seniors, Teens that Care, and Girl Scouts to sell admission to the Haunted Tunnel and have game booths at the Bart Peddicord Community Center on October 30 and November 1, 2003. K. Consider and act upon a request from the Blackland Prairie Playground Foundation to sell items such as fence pickets and hand painted tiles and accept donations from October 14, 2003 through September 30, 2004 at Founders, Community, and Olde City Parks. L. Consider and act upon a request from the Summitt Church to sell items at Olde City Park for their Halloween event on October 30, 2003. M. Consider and act upon authorizing the City Manager to execute an Amendment to the Conditional Grant Agreement between the City of Wylie and Atrium Companies, Inc., Extruders Division. INDIVII)I.TA CON8IO RAT F N 1. Consider and act upon an appointment to the Planning and Zoning Commission, to fill an unexpired term. Executive Summary Michael George was reappointed to a two(2)year term on the Planning and Zoning Commission on June 24,2003. Mr. George,who has capably served several years as Chairman of the Commission,resigned from the Commission effective October 17,2003,due to pressing family matters.Article VTR, Section 2A of the City Charter authorizes the City Council to appoint a Planning and Zoning Commission to advise the Council in carrying out its various duties regarding planning and environmental quality. Proposition 18, adopted on May 2, 1998, requires that the Planning and Zoning Commission shall consist of seven(7) citizens, appointed for terms of two (2)years each. Vacancies in an unexpired term shall be filled by the Council within thirty(30)days from the date of the vacancy for the remainder of the term. 2. Consider and act upon Resolution #2003-17 casting ballots for the Board of Directors for the Central Appraisal District of Collin County, Texas. Executive Summary The City of Wylie has 30 votes that they may cast for the Board of Directors of the Central Appraisal District for 2003 through 2005. 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 December 15, 2003. '78/VORKSES$t0NnligiinEMNZEEgEMffinggnllgniniiiililiginngigMBEMMBBENMBEEEBBBk • Discussion of operation of the existing City Waste Water Treatment Plant and proposed upgrades to maintain current level of service INDI IaUAL CONSIDE 'I"ION 3. Consider and act upon authorizing the Mayor to execute a request from the North Texas Municipal Water District (NTMWD) for the purchase of additional equipment in the amount of$19,000 for the existing wastewater treatment plant. Executive Summary The new Muddy Creek Wastewater Treatment Plant is under construction and is scheduled to be completed in January 2005. Due to the age of the plant,some of the equipment has reached its useful life and is in need of replacement. The proposal includes the replacement of the bull gear for the final clarifier at a cost of$19,000. The purchase of the bull gear was not included in the NTMWD 2003-04 Annual Budget. However,there is currently approximately$13,000 from a previous Construction Fund, and approximately $5,000 in Escrow Funds that can be use to fund the majority of this purchase,with remaining cost,if any,being charged to the budget. .................................... WORK SESSIOr • Discussion of new street names for the Kirby/Stone Area • Discussion of annual Student Government Day E�ECUTI�E SESSION In accordance with Chapter 551, Government Code,Vernon's Texas Code Annotated(Open Meeting Act), Section 551. SS 551.071 Consultation with Attorney; Closed Meeting A governmental body may not conduct a private consultation with its attorney except: (1) when the governmental body seeks the advise of its attorney (A) pending or contemplated litigation; or (B) a settlement offer;or (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter. • Regarding Acquisition of property and clarification of ownership of City Hall Property. RECONVENE IN` 'O OPEN ETIN+ Take any action as a result of the Executive Session. AD:TOURNlt�1ENT 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. 1 certify that this Notice of Meeting was posted on this 24th day of October 2003 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media contacted. As a courtesy,this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Work Session Student Government Day 2003 Wylie High School is requesting that we look at making some modifications to the Student Government Day program. The two major reasons are: 1. The High School administration and staff have the opinion that the majority of students are not getting much, if anything, out of Student Government Day in its current format. Only a few of the students who have a council/staff counterpart say that the program was beneficial. 2. With the increased number of students at WHS, administration and staff feel the logistics become more difficult and more costly each year. This year, we are scheduled to have a 20- student increase in the fall and 30-student increase in the spring for Student Government Day. From the City's standpoint, the student increase has also caused facilities to reach capacity and an annual increase in budget. In meeting with High School administration, we have come up with this recommendation. The City would host one Student Government Day, in its current format, in the spring. Participating in this Student Government Day would be High School Quad C students, who are earning college credit for their class. This year, there are two classes for a total of 50-60 students. For all other government classes (fall and spring), a member or multiple members from Council would visit individual classes to talk about local government. MINUTES Wylie City Council Tuesday, October 14, 2003 — 6:00 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North CALL TOR�ER Mayor John Mondy called the meeting to order at 6:03 p.m., with the following council members present: Mayor Pro Tern Eric Hogue, Councilwoman Reta Allen, Councilman Merrill Young, Councilman J. C. Worley, Councilman Chris Trout, and Councilman, Randal Shinn. Staff members present were; City Manager, Biff Johnson; Assistant City Manager, Mindy Manson; Finance Director, Brady Snellgrove; City Engineer, Chris Hoisted; Fire Chief, Shan English; Community Services Director, Mike Sferra; Public Information Officer, Mark Witter,and City Secretary, Carole Ehrlich. INFO('ATION z PLED() + FALL IA +C]Ea The invocation was given by Reverend Mark Forrest of the Murphy Road Baptist Church. Cub Scout Den 3, Pack 301 led the Pledge of Allegiance. PROLA11 �'I©�S�.F�S1`1T,A'�aNS • Proclamation Mayor John Mondy read a proclamation proclaiming October 1, 2003 as "Pregnancy and Infant Loss Awareness Day". • Presentation of Star Students Awards with the character trait of"Responsibility" Mayor Mondy and Mayor Pro Tern Hogue presented "Star Student Awards" to students demonstrating the character trait of responsibility. • Administer Oath of Office to New Firefighters/New Fire Marshall Chief English introduced new Firefighters: Jared Buckmeier, Richard Hollien, Clayton Jones, and Jeff Pynes and the newly appointed Fire Marshall, Steve Seddig. New Firefighters and the newly appointed Fire Marshall were given the Oath of Office by City Secretary, Carole Ehrlich and badges were pinned by the spouses of those being installed. Travis Araujo was unable to attend the meeting and received his badge and was given his oath at a later date. CITIZENS PAI TICJI.ATJO. There was no one present to address council. Minutes—10-14-03 Wylie City Council Page 1 CONSE1" T.k GEND All matters Listed under the Consent Agenda arse considered to be routceie by the CityyCouncil.and will be enacted by one motion.: There will nat be arate disc ion of these items If discussion is desired,:that item will be removed from the: Consent Agenda and vlll bnconsidered sepr>trately.. A. Approval of the Minutes from the Regular Meeting of September 26, 2003 B. Consider and act upon authorizing the Mayor to execute an Access Easement between the City and Harvest Real Estate Companies, L.L.0 for the property located east of City Hall. C. Consider and act upon authorizing the City Manager to execute a proposal from Analytical Surveys,Inc. for an amount not to exceed $12,800 for surveying services related to the replacement of the west extension of the Muddy Creek regional sewer system. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve the Consent Agenda as presented. A vote was taken and passed 7-0. INDIVIDUA .,CONSIDE 2ATION 1. Move Zoning Case #2003-10 tabled from the 9-09-03 Council Meeting back to an action item and Consider and Act upon accepting the withdrawal from the applicant for a change in zoning from Single-Family Residential (SF 8.5/17) to Planned Development (PD) to allow joint residential and retail uses, located at 405 N. Ballard Street, being Lot 1A, Block 2 of the Russell Addition, City of Wylie, Collin County, Texas. (Zoning Case 2003-10). This item was tabled at the September 9 City Council meeting. The applicant has subsequently withdrawn the request. Tabled Item A motion was made by Councilman Trout, seconded by Councilman Shinn to remove Zoning Case#2003-10 from the table. A vote was taken and passed 7-0. Council Action A motion was made by Councilman Trout, seconded by Councilman Shinn to accept the applicant's request for withdrawal of the zoning request(Zoning Case 2003-10). A vote was taken and passed 7-0. 2. Consider and act upon approving a Resolution to nominate a member of the Board of Directors of the Central Appraisal District. Council Action There was no action taken on this item as there were no nominations from the Council. Minutes—10-14-03 Wylie City Council Page 2 3. Consider and act upon a bid for the installation of trees in Community Park and the Meadows of Birmingham Park. Staff Comments Parks Superintendent, Bill Nelson addressed Council stating that competitive sealed bids had been solicited for the purchase and installation of trees in Community Park and the Meadows of Birmingham Park. The scope of the contract will provide for all materials, labor and equipment necessary for the project. Alternate bids were invited for "balled and burlap"and container grown trees (preferred). Council Action A motion was made by Councilman Young, seconded by Mayor Pro Tem Hogue to accept the bid of Coffey's Landscape in the amount of $42,419.30 for container grown trees for the Community Park and the Meadows of Birmingham Park. A vote was taken and passed 7-0. Other bids submitted were: Classic Gardens in the amount of $51,000.00, Southwest Nursery in the amount of $51,221.00 (did not include all types of trees specified) and an alternate bid(containerized trees) from Fannin Tree Farm in the amount of$34,697.00. 4. Consider and act upon a Resolution recommending two streets to be named after Jerry Wayne Combest and Lanny Earl Hale, respectively. Staff Comments Assistant City Manager Mindy Manson addressed council stating that the existing Subdivision Regulations allow the Council to consider individual street names on a case by case basis. The proposed Resolution would establish the street names of Jerry Combest Street and Lanny Hale Street, after two Wylie residents who grew up on Hilltop Street and were killed during the Vietnam War. If approved, the recommendation would be submitted to local developers to utilize these names when planning for new streets in their developments. Council Action A motion was made by Councilwoman Allen, seconded by Councilman Young to approve Resolution #2003-16 (R) recommending two streets be named after Jerry Combest and Lanny Hale, respectively. A vote was taken and passed 7-0. 5. Consider and act upon an ordinance amending Chapter 102 "Streets, Sidewalks and Other Public Places" establishing rules and regulations governing persons responsible for sidewalk maintenance and repair. Staff Comments Assistant City Manager Mindy Manson addressed council stating that currently the Wylie Code of Ordinances did not set out responsibility for sidewalk maintenance and repair. Typically, municipalities require the adjacent property owner to be responsible for maintenance and repair, the theory being that the property owners use the property and should therefore maintain it. Ms. Manson stated that staff had contacted other cities to request their policies with reference to sidewalks. Most cities contacted in the survey required the property owner adjacent to the sidewalk to be responsible for the upkeep of that portion of the sidewalk. Minutes—10-14-03 Wylie City Council Page 3 Council Discussion Councilman Young asked if the proposed ordinance could be implemented allowing those citizens with sidewalk damage prior to the adoption date not liable for those repairs. Councilwoman Allen stated that she felt there were construction problems that created some of the sidewalk damage and she felt the property owners shoud not be responsible for those types of repairs. City Manager Biff Johnson stated that the repairs for those types of damage would be tremendous and extremely expensive to the City. Mayor Mondy asked if a ballpark estimate could be obtained from staff for the current repairs that would need to be done for sidewalk damage due to construction problems. Council Action A motion was made by Councilman Young, seconded by Councilman Worley to table approval of regulations governing persons responsible for sidewalk maintenance and repair for 45 days to collect further information. A vote was taken and passed 7-0. READING OF O INANCES T'I'T'71; & :CAPTION tAPPROVED BY COUNCIL AS REQUIRED BY. WYLIC CIT`.Y CHARTER,A.RTICL ;II!,SECTION 13 D There were no ordinances to read into the official record. Mayor John Mondy convened into work session at 6:45 p.m. Wt R SESSION • Joint work session with the Parks & Recreation Board Parks &Recreation Board members present were: Anne Hiney, Frankie Delgado, Eugene Garner, David Willey, Ivan Holmes, Dan Chesnut, and Larry Bowles. City Council—Parks &Recreation Board Discussion Parks & Recreation Board members along with City Council members discussed the direction council wished the board to take in reference to the Parks and Recreation Master Plan. It was the consensus of the Council for the Parks & Recreation Board to prioritize the projects and locations for the projects in specifics as to the locations and proposed financing of these issues and report back to council at a later date. Mayor John Mondy closed the work session at 7:55 p.m. Minutes—10-14-03 Wylie City Council Page 4 Mayor Mondy convened into executive session at 8:00 p.m. EXEC JTI SESSI In accordance with Chapter 551,Government Code,Vernon's Texas Code Annotated(Open Meeting Act),Section 551. SS 551.072 Deliberation Regarding Real Property; Closed Meeting. A governmental body may conduct a closed meeting to deliberate the purchase, exchange, lease, or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. • Discussion of Alanis Property ifi c NVEI' E iN E ©PEI I ETIN Mayor Mondy reconvened into open session at 8:36 p.m. Take any action as a result of the Executive Session. There was no action taken as a result of the Executive Session. ADJO[ R1 1ENT With no further business before council, the meeting was adjourned at 8:37 p.m. John Mondy,Mayor ATTEST: Minutes—10-14-03 Wylie City Council Page 5 Carole Ehrlich,City Secretary Minutes—10-14-03 Wylie City Council Page 6 WYLIE CITY COUNCIL AGENDA ITEM NO. B. October 28, 2003 Issue Consider and act upon a Final Plat for the Birmingham Farms Phase 4 Addition,being all of a certain 13.955 acre tract combining the 5.911 acre tract of land called Tract A and the 8.044 acre tract of land called Tract B, generally located east of Country Club Road(F.M. 1378)at Talladega Drive, as described in a Contract for Deed to Centex Homes, and being situated in the C.McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create 44 lots for single-family detached residential dwellings, as well as common open space for landscaped entries and drainage basins to be owned and maintained by the Homeowners Association. The Plat dedicates additional right-of-way for the future widening of Country Club Road, and provides local streets which provide access to two City Parks. On November 13, 2001, the City Council adopted a revised City-wide Zoning Map, specifically rezoning the subject property from Business-1 and Single Family Attached Residential to Single- Family 8.5 Residential. However, preliminary plats for Phases 4A and 4B as townhomes were submitted prior to the rezoning and were approved by the City Council on December 11, 2001. Subsequently the subject property was rezoned to Planned Development (PD) for single-family detached residential based on the Single-Family 8.5/17 District with certain stated conditions, including minimum lot widths of 65 feet rather than 70 feet and no alleys are required. The Planned Development (PD) 2002-38 was approved by the City Council on September 24, 2002. The approved Development Plan for the PD serves as an approved Preliminary Plat. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved with that time period". Financial Considerations 1. Plat application fees—Paid 2. The applicant is aware that development impact fees must be paid prior to issuance of a building permit to initiate development. 3. As provided by the PD, park dedication fees shall be waived provided comparable funds are used for park improvements within or adjacent to the platted area. All park improvements must be in place and accepted by the City prior to filing the Final Plat and issuance of building permits. Other Considerations 1. The Final Plat substantially conforms to the approved Development Plan of the Planned Development PD 2002-39 and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. Right-of-way is provided for the future widening of Country Club Road (FM 1378). No alleys are provided, as stipulated by the PD Conditions. Board/Commission Recommendations On October 7, 2003, the Planning and Zoning Commission voted 7-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat Prepared by Review y Finance City Man pproval t SIVFW sNi VA renspropsvra a Ira k I g • X cpily g ¢ I` jilit Iii! iiii 11 04h:01NI. Qi_git, .... A e h t 1i g1 ,.. s ► of a �l hi m1 . 1e,, , ul dle 3yr t Ell. ii. i 0 61 till 11 %El ig I i 1 1 1 Egli // raroaa VC 35VNd SNaVi•YHONINLIB / i . / 1 • . ' - ` . • �•••.,, . fir, A� 'K I M M Ma1rI . I. y Y tl-Zc ',,..:-1. 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McUlmurry Survey, Abstract No. 629, City of Wylie, Collin County, Texas. Background The Final Plat under consideration is for the Birmingham Farms Phase 13A Addition. The property includes 25.961 acres and will create 78 single-family residential lots and common areas/open spaces to be owned and maintained by the Homeowners Association. The subject property is the initial phase of the larger Birmingham Farms Planned Development(PD 2002-39), which conforms to the requirements of the Single Family 8.5/17 District except that the minimum lot width is 65 feet and no alleys are required. The Development Plan approved by the City Council as part of the original Planned Development (PD 2002-39) on September 24, 2002 serves as an approved Preliminary Plat. The approved Development Conditions of the PD provide special requirements as a substitute for the normal requirements of the Zoning Ordinance, and the proposed Plat complies with these regulations although most of the conditions do not apply to this initial phase. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved within that time period". Financial Considerations 1. Plat application fees—Paid 2. The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. 3. As provided by the PD, park dedication fees shall be waived provided comparable funds are used for park improvements within or adjacent to the platted area. All park improvements must be in place and accepted by the City prior to filing the Final Plat and issuance of building permits. Other Considerations 1. The Final Plat substantially conforms to the approved Development Plan and Development Conditions of the Planned Development PD 2002-39 and complies with the Subdivision Regulations and all other pertinent code requirements of the City of Wylie. 2. The Right-of-way for the widening of Country Club Road (FM 1378) will be dedicated by this plat. Prior to the issuance of a Residential Certificate of Occupancy within Phase 13A, the developer and/or owner of the property will be required to construct a bridge sufficient to carry 3 lanes of traffic and a 4-foot wide pedestrian walkway on Park Boulevard to the northwest of the subject property. No alleys are required. 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IrtyIIe�np 74 SEPTEMBER 2003 km,,GE, riE NO: I Oct 03 14(33(3 2003 I:\SLD\9923360,,r,\3360013o e.g WYLIE CITY COUNCIL AGENDA ITEM NO. D. October 28, 2003 Issue Consider and act upon a Final Plat for the Southbrook Phase I Addition,being all of a certain 26.2357 acre tract of land, generally located north of Elm Road(County Rd. 381) and east of South Ballard Avenue, as described in a deed to S.C. Parsons, as recorded in Volume 5049,Page 2916 and Volume 4906, Page 707 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the D.W. Williams Survey, Abstract No. 980, City of Wylie, Collin County, Texas. Background The Final Plat under consideration is for the Southbrook Phase 1 Addition which includes 26.2357 acres and will create 88 single-family residential lots, landscaped open spaces maintained by the private homeowners association, as well as provide for right-of-way for the future widening of Elm Road. The Planned Development District (PD 02-08), which established the zoning requirements was approved by the City Council on February 26, 2002, and provides for a minimum lot size of 8,000 square feet with a minimum lot width of 65 feet. The Preliminary Plat was approved by the City Council on May 14, 2002. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved with that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. Other Considerations 1. The Final Plat substantially conforms to the Concept Plan of the approved Planned Development District and the approved Preliminary Plat. The Plat also complies with all applicable technical requirements of the City of Wylie. 2. The Plat dedicates right-of-way for the future widening of Elm Road, as a six-lane parkway with a divided median. 3. The required parkland dedication for the entire PD totaling 217 lots is 3.26 acres. The PD provides 2.5 acres of open space, which links to the existing neighboring park and drainage greenbelt, and the remaining required dedication by equivalent improvements to the park. The initial Phase 1 does not include any of the dedicated open space and therefore funds in lieu of parkland dedication must be paid proportional to the number of lots being developed in this phase. 4. The PD Conditions require that all lots must conform to the standard SF 8.5 regulation of the Zoning Ordinance with the following exceptions: a. The minimum lot size shall not be less than 8,000 square feet with a minimum frontage width of 65 feet. b. Side yards adjacent to streets are to be at least 15 feet wide, unless they are key lots, which must be a minimum of 25 feet. All other side yards shall be a minimum of 6 feet. 5. The applicant proposes to comply with the flexible regulations of the Zoning Ordinance as noted in the attached letters. a. Village Land Design requirements will be achieved by constructing 4-feet wide perimeter walkways within a 20 feet wide landscape buffer and providing pedestrian connections to adjacent open spaces. b. Street and Sidewalk requirements will be achieved by constructing curvilinear streets (although the first phase does not meet this desirable attribute the overall PD will satisfy the requirement). Additional points will be achieved by not having alleyways parallel to a street and no units backing onto a street. c. Architectural requirements will be achieved by having a pitched roof of at least 8:12 with dormers or combined hip and gable and all garages will be rear entry. Board/Commission Recommendations On October 7, 2003, the Planning and Zoning Commission voted 7-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat Letter - Development Point Compliance Prepared by , evie d by Finance City er Approval • fl(I M E • EAZER September 18, 2003 Mr. Claude Thompson Planning Director City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Re: Southbrook Phase 1 -- Architectural Requirements Dear Claude: The product Beazer Homes will offer in Southbrook Phase 1 will contain the following Desirable Elements: a. Our 8:12 roofs will contain either dormers or a combination hip and gable. 10 pts. b. Our roofs will he constructed of architectural grade overlap shingles 5 ptd. c. We will have coordinated mailbox style, individual to each home. 5 pts. d. All of our homes are rear entry, therefore a garage is not visible from the street. 20 pts. We plan to offer a very similar product, with many of the same plans, as was built in the Estates of Russell Creek in northwest Plano. I have attached a couple of photos for your review. If you have any questions, please do not hesitate to call me at 972-250- 3821. Thank you for your assistance. Sincerely, ti-Z-r(jfe" Janet Hebert Land Development Manager BZH Bea:er Homes Texas, L.P. r 'lGnewa nort NYSE. 5900 W. Plano Parkway, Suite 700/Plano Texas 75093 Q""R"' Phone (972) 250-3821 • Fax (972) 818-6877 • http://www.beuter.com ®Ai TIPTON ENGINEERING INC. ENGINEERING• SURVEYING• PLANNING 4585 6330 Broadway Blvd. • Suite C • Garland, Texas 75043 • (972) 226-2967 • FAX (972) 226-1946 October 1, 2003 Mr. Claude Thompson CITY OF `VYLIE 2000 Highway 78 North Wylie, TX 75098 RE: SOUTHBROOK PHASE I VYLIE,TEXAS Dear Mr. Thompson: We calculate the street and sidewalk points as follows: A. Village Land Design Requirements 2. Perimeter walkways & landscape 10 pts (20' buffer wow/ 4' walk) 3. Connections of open space to residential development (streets along side open space) 25 pts TOTAL SECTION A 35 PTS REQUIRED POINTS 30 PTS C. Street and Sidewalk Requirements. 1. Curvilinear streets 20 pts Though the first phase does not meet the desirable recommendation. The overall plat does. 2. Location of alleyways 20 pts 3. Screening of residential units 20 pts No residential units backing onto streets TOTAL SECTION C 60 PTS REQUIRED POINTS 30 PTS These are the minimum amount of desirable alternatives which will be incorporated within the development of the site. If you have any questions or if we can be of any further assistance, please do not hesitate to contact our office. Sincerely, TIPT N ENGINEERING, INC. Ric la d Hovas, P.E. 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Y.N MIN ^ `� J 1 wirYNY' /M N hT.w'■ 1 .j YN�� YY • , 1-T M✓'� YYV• ow ! a a3 '..� 'i yam, rw..r , $ „ >I 9 a. 5)�- .aa - - 71 ik II �' f �/I` ,a,r'r ry ai1� ' ; } 1 r :1 gg ...•mow 't� Nia i,YYw1 'J rJ -r ,K o.L, . i ` b u I JJ � . .-..... i 1 .�"" � 9 n w HI,.I ^J�,wn.N 1 )r l �1J�;. •. 6�.ian I1Nw y }..... i. • I Cl.ar.�. • .,,� Y� 99I .•y .,.� wr,i 1 tl I• r .. G r Y . wr 1 w' t M )I. 7 T ,xw .art .rN• yy..n.-.Yv an• tln. .ns h. 1 n.- rn_r i y1�1� it •w•w .Jriiw• e I It Jy7 r �+ V,wsr r 9 + r �lF�yl S' 1 . , 3 �I ,Gla .4 .h.„.irawwlww • Orr , i! ,, re L.ittr,1 Cal1�a �t 1«a,if, mil E! 1 ilit5t tyyt .11 lE !i g l 1 ill i tWI' t4 .. ................ .• q C LV L YC.YYVVL ill t ` it, y ZOO/Z00`d LT£9# JNITiSSNIJN2 No.LdIJ. 9b6T9ZZZL6 8Z:80 EOOZ.6T'1.30 WYLIE CITY COUNCIL AGENDA ITEM NO. E. October 28, 2003 Issue Consider and act upon a Final Plat for the Alanis Addition, being all of a certain 5.201 acre tract of land, generally located east of Ballard Avenue and north of Alanis Drive, as described in a deed to Richard D. Nance, et al, as recorded in County Clerk's File No. 97-0054771 of the Deed Records of Collin County, Texas(DRCCT), and being situated in the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Background The Final Plat under consideration will create 2 lots totaling 5.201 acres, and is zoned for Neighborhood Services(NS)uses. Lot 1 is 2.127 acres in size and will be developed in the future as Neighborhood Services retail. Lot 2 is 3.074 acres in size and will be developed immediately as the Stepping Stones Day Care. The day care use is permitted by right in the Neighborhood Services District. The Preliminary Plat was approved by the City Council on September 23, 2003. A Site Plan for the daycare was approved by the Planning and Zoning Commission on September 16, 2003. A separate Site Plan must be submitted for approval when the Lot 1 retail site develops. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that"the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved with that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit on each lot. Other Considerations 1. The proposed Final Plat for the Alanis Addition complies with the Subdivision Regulations and all other pertinent code requirements of the State and City of Wylie. 2. The Plat provides additional right-of-way of varying widths for the future expansion of South Ballard Avenue, and no additional right-of-way required for Alanis Drive. 3. A joint access easement is provided between Lots 1 and 2,which will provide access to both lots from the median cut on Alanis Drive. However,joint access cannot be provided to the north of Lot 1 through the fire station or to the east of Lot 2 through the existing residential development. A median cut will be provided for Fire Station No.1 on South Ballard Avenue for emergency vehicle use only and will not provide access for southbound traffic to the retail site on Lot 1. Board/Commission Recommendations On October 7, 2003, the Planning and Zoning Commission voted 7-0 to recommend approval of the Final Plat. Staff Recommendations Approval. Attachments Final Plat 'ir40 Prepared by Revie d by Finance City, :er Approval i i i— . 41 3 is 1i 1 : A a s 1 . 1. 1 1 i[ va %I =s i ILtIlIlIJI 3 ! IP � .,I . �- '"ii i'r � bIt ��� s 11 1111111 ;I i = l iiil 41 li I 0 . 1 ihnii i i ait 1 ILI I I 1 , ir li , 1 I a 1 ' I. hi gli 410k4111 i LIR; i has i I itit _.__ • wow •rya 4 biro , 7,17---r----ii-----1----- 0. r* i I A 1 _14 L. 447. ,..,! 1 ,..:,11 . H il I. : 1; g! L�M rM' v X (; I I I it a h ; iii _______ "'SSS o _ i ...,„.....„...... ...,,... ______________ ____ _____ .____ ,r7..--._:..., i 41 1 - . ,V1-71 1 i 1 r' 1.i " 4. i 1 i ..,_ 1 i j___ --;:z: 401 _. .7 L (271. 4 4! kiJ --ii ZO 3EVd SJNIJ.9*l / 113fit9 0£009TSITZ £h:OT £00Z/£I:OT WYLIE CITY COUNCIL AGENDA ITEM NO. F. October 28, 2003 Issue Consider and act upon a Preliminary Plat for the McCreary-F.M. 544 Addition, being all of a certain 7.2575 acre tract of land, generally located north of F.M. 544 and east of McCreary Road, as described in a deed to Heatley-Moist, Inc., Trustee,recorded in County Clerk's File No. 96-0021299 of the Deed Records of Collin County, Texas (DRCCT), and being situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Background The Preliminary Plat under consideration will create 2 lots totaling 6.6944 acres acres. Lot 1 is 2.5505 acres in size and will be developed in the future as retail. Lot 2 is 4.1438 acres in size and will be developed as a self-storage facility. The self-storage use is permitted by right in the Corridor Commercial (CC) District. A Site Plan for the self-storage was approved at the October 7, 2003 Planning and Zoning Commission meeting. A separate Site Plan will be required to be submitted for approval when the Lot 1 retail site is ready to be developed. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved with that time period". Financial Considerations Plat application fees—Paid The applicant is aware that development impact fees must be paid prior to issuance of a building permit. Other Considerations 1. The proposed Preliminary Plat for the McCreary - F.M. 544 Addition complies with the Subdivision Regulations and all other pertinent code requirements of the State and City of Wylie. 2. The Plat provides additional right-of-way for the future expansion of McCreary Road. No additional right-of-way required for F.M. 544. 3. Common access is provided by a joint access easement between Lots 1 and 2 and to the property to the east. The driveway cut for the primary entrance off of F.M. 544 will have to have prior approval from TxDOT before any release for construction or building permits can be issued. Board/Commission Recommendations On October 7, 2003, the Planning and Zoning Commission voted 7-0 to recommend approval of the Preliminary Plat. Staff Recommendations Approval. Attachments Preliminary Plat Prepared by Revi by Finance City Mana: pproval # %.1/111 i I 1IP �1 !` i i 1 1 1 r fifty,' tifq ' i ! r` , )1 ii'ii1 ff i' ' r ri RiiJ!Jiiin'1 errt'I1 ; ; 3 : !'s'f lif I I aI I l 'iiiilti 1 ` !i a f 6 i 1 i !Ai` 11 � fe a I. if, r a Ia !i. � ► ►i► i � t a I 'iL � � � t lt°I •' ir _if s Ili $�!gd 11 4i 4r 41 41!I_1K II it tut ft el�I`s 1 ii ft i a " ! al a r -I 1li sr �i14ia ins 1! ix }}�� ► [ j Z ► 4 ' j�� _ ! i ; :`sty 4Off i• iiii iv it it ilk ti11 4 r : I ! ai sisi r•libMilIr#1:1?e1�il ; 4 �fa ```i L fi i 6'E ( ' ' ril ##1 �.� 1 t " '!j_11 " tr 3 "_:41 ! / a t I . ti / S J ± r ;!1lii !r • , ( ( , , I iiig tf t ( t t t i! 3{ t. 141 ' t r t. \ t t t t \ et-' r 3 := iJI ; r g ) I \ 1 :IF 1 1 if . 1 1 ) 1 ( 114 i ' .... 1 i i 1 41 r 9.i t /� ., Ci ` i ' t,E' i , fit : 1 f Ili F 1 s lii i i `:g p fig I s r — P 1 ' fzrIII I r). trW :t it 91 a ii,r f i i ii i:/ 1 ' t p �r 46e ►1 ,r jPis )s t i r I ' ll r �il/I ., ` J j 1 j ' n r ( f , , + 1 11li i 1 ;it / r / _ f" / i ' J1t I I , __ ..--, r 1 .-.. ,,-- - _r- 4 i t p i r C�. . Ii Sri i __I 7 . -,-. : .,.. : , 1 : I . 1 '1 3 V ; ori.€ Igigf a I T •d eL2 :60 CO ET 400 WYLIE CITY COUNCIL AGENDA ITEM NO. G. October 28, 2003 Issue Consider and act upon a Final Plat, being a Re-plat of Lot 46, Block D, Cimarron Estates Phase II Addition, being all of a certain 0.195 acre tract of land, located at 2917 Jamestown Drive, as described in a deed to Centex Homes, recorded in Volume 5136,Page 1815 of the Deed Records of Collin County, Texas(DRCCT), and being situated in the Francisco De La Pina Survey,Abstract No. 688, City of Wylie, Collin County, Texas. Background The Re-plat under consideration will reduce the existing drainage easement width from ten feet to nine feet on the existing single Lot 46 of Block D of the Cimarron Estates Phase II Addition. This re- plat is intended to remove an encroachment of 0.8 foot into the easement by the existing house recently constructed on the subject lot. The reduction of the width of the drainage easement will not affect the design capacity of the drainage way and will not increase the risk of flooding, and the reduced width has been approved by the City Engineer. The Cimarron Estates Phase II Addition, creating the subject lot of record,was approved by the City Council on October 23, 2001. The subject ten(10)foot wide drainage easement was provided along the eastern lot line, in conjunction with an additional five (5) feet of drainage easement on the adjacent Lot 45. The house was constructed into the drainage easement due to builder error. A variance cannot be considered to allow an encroachment into any easement or for self imposed hardships, thus the best remedy is to re-plat the lot to remove the encroachment. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved with that time period". Financial Considerations Plat application fees—Paid The applicant is aware that prior to issuance of a certificate of occupancy the Plat must be filed with the County of Record and all outstanding fees paid. Other Considerations 1. Staff has reviewed the proposed Re-plat for Lot 46R, Block D, of the Cimarron Estates Phase II Addition and found it to comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The City Engineer has determined that the calculated storm water can be accommodated within the remaining fourteen (14) foot wide easement, which is nine (9) feet wide on the subject Lot 46R and five (5) feet wide on Lot 45. Board/Commission Recommendations On October 7, 2003, the Planning and Zoning Commission voted 7-0 to recommend approval of the Re-plat. Staff Recommendations Approval. Attachments Re-plat Prepared by Revie d by Finance City a pproval --' 4, LOCATION MAP L;k �� ``,� IlL L STATE OF TEXAS H NEN �1 COUNTY OFGOWN N 0 OWNERS CERTIFICATE WHEREAS CENTEX HOMES- M1e oHAtracts ana s! F '� P6shact No.68BCry O(Wy" C C ry,Texas,accord�g fo deed C • • 1 -� �� 5:ORHUe1B1A IM1e Deed ▪ fC eo Coody,Texas lD. C.C. )anC M1e n9 0.95 f aJ I known oho as Ld 4fi BbchD CI• E es Pnase an aaa Cry t y • "�g p A�- envoi raco ded'n Vo ume O Page 62 of IM1e 0 al record of Cd ry,Te a • e iu Cr�;!E �111a,�i aean,Beaasmowa 1!: -•:I.r 5 � �� BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE MENTIONED LOT 46,THE SOUTHEAST i'��I�j���!'r�t---''=`-`r`♦♦ CORNER OF LOT 42,BLOCK 0 OF SAID CIMARRON ESTATES PHASE II.AND IN THE NORTHERN f _ 4 RIGHT-OF-WAY LINE OF JAMESTOWN DRIVE,A}"IRON ROD RECOVERED WITH A YELLOW PLASTIC • GI_ '`�' GRAPHIC SCALE CAP STAMPED T W.BARROW 1994"FOR CORNER, ler III^illip 1 THENCE,NORTH 0"52'39'EAST.DEPARTING SAID RIGHT-OF-WAY,ALONG A COMMON LINE BLN;LEN • • AFORE MENTIONED LOT 46 AND LOT 42,A DISTANCE OF 130.33 FEET TO A}"IRON ROD RECOVERED tenser) W.A YELLOW PLASTIC CAP STAMPED R.W.BARROW I."FOR CORNER IN THE SOUTHERLY • ' • / 1/NCH•20, RIGHT-OF-WAY LINE OF A 20 FOOT ALLEY', THENCE.SOUTH 69.07.21"EAST,DEPARTING SAID COMMON LINE.ALONG SAID ALLEY RIGHT-OF-WAY A DISTANCE OF 65.22 FEET TO A}"IRON ROO RECOVERED WITH A YELLOW PLASTIC CAP STAMPED .T.W.BARROW 1994"FOR CORNER; N gp. THENCE,SOUTH 0.52'39"WEST,DEPARTING SAID ALLEY RIGHTAF-WAY,ALONG THE COMMON LINE o« LOT. I apBST RACT HOL.B/ I OF AFORE SAID LOT 46 AND LOT 45 OF THE ABOVE RESTORED CIMARRON ESTATES PHASE II,A DISTANCE OF 130.33 FEET TO A FOUND"X"CUT IN CONCRETE IN THE NORTHERLY RIGHTF-WAY CO OE LA P1NA `•v 6 J1 ILL ° eL«xo aBIOG. A LINE OF JAMESTOWN DRIVE; its. • No F0.ANCI I PAUC, THENCE,NORTH 69"0701'WEST,DEPARTING SAID COMMON LINE,ALONG ABOVE SAID NORTHERN • 444 say 1 .v RA RIGHTWF-WAY,A DISTANCE OF 65.22 FEET TO THE POINT OF BEGINNING AND CONTAINING L I COMPUTED 0195 ACRES 0,500 SQUARE FEET)OF LAND. , RV ALLEY Raw) o 16VrttYl,'r•2' �../L s4!'I£s,,o,...4.,;1¢r'. M. 4 Q ----- NOW THEREFORE,1.0ItNDR ALL trtN BY and PRESENTS. ��1CHIR "II °�'�69t r That. Ad.p NanM designated IrrM°by and through It.MI authorised allk�,does hr6y • �a adopt this plat d..lpwtr thwsin deem o W t. p,... a Lot 1!-R.Black D.Cimarron • U.. • skm I EMaM Mom N. oddball to the at m ry.., y o.aM den ltl*•o to M. • r ;¢ public use former h e emism.1b and t�nb—m—.ey n Mom thereat me moments 4 v B.ccx shown Noreen aro hereby roomer b the porpew es Indicator. No pl.o.,fence., jy LOT a:R tram MM.a 10.0 trapre..ne nt.ar growth! oho a e.n.webd or plead upon.mit 4-9 01m•o.rt.I I 'wen•ry ow,.a•u+sren tlts.a..nrlts.M right-of-tome n Moon. Saki ut.ty b being hr.Dy or far itse mutual and accommodation a a public tsm..alb.0 m using rt,o same unim ethr.i..opeceled. All and any bM0 uOtty sno .ham th ha rtghf to uwxAccenwtcsov mncu, rrnon and hap r maer al pots of y bolding..I..•..trap.mobs or other ' bow/memento/memento ar gronlU eof may I.any my*Mango,or Mertes with a. .Wetbn. • maManana 41.Nlat.nay aF ko r.poeBw yot.n bo aWtr.•o.nant and a 10 tE o O9 o By.all bnn ham the*.M right of angrts.and ogre to r ham and pan Uw MAN. uORy.r..n.nt for Om pl.pe.n of rimming t.1 or pert I Its reopeoth.Memo • PIA without the mppitr at any One procurkm IM p.mksian of anyone. $ elocxo n F elacxoFr- NITNESS NY NAND AT TEXAS B14_day of 200.3. CENTEX HOMES I BY. T O nns .° I uv P.OB.� I DIE STATE Of TEXAS )( I •,. �rAA 5Ay I- ! en 4 COUNTY OF X N94°075.IR wad., `1 a MERE l8 tho rardm.lp.d aMarft0 an M4 dos mown*pperwd ...r..a 4 Albrtod to Ns 4r.pe/rp Instrument end odomModgr to me that the I. Ole Bet of IM sold Centex Ilan••ad that 00 mmut.d tho.orrr•0.Me ant of . JAMESTOWN DRIVE techcompanyAr Ih.pommiesand aonoldrvfbn Mersin.pr..ws and In OMapandy • ��.rnw•� (50'R.O.W.) ewer sobs . MEN HIDER MY NANO SEAL OF OFFICE NW_day of 2001 ae.mow`•sr.user ow ankk.rtsr..w.oMe Notary Plidin in and for th.Stat.of Tim. a.•1 e4 or*Po Mtsir-- My wunmisslen optrom FINAL PLAT w..t...M... w ter.taer NE ARM ts=In R NOTES: 0 F 1)BEARINGS ARE BASED UPON PLAT RECORDED IN • r w.Yr..y.�dy�..psi�.�..siry.tar ly��.�..tr tI Al I.a•ptsd r++d Ind .dktennndman Ika a.On d� VOLUME 0.PAGE Fez of PurREmRUSDE A 0 M11.Tr="nro` lir=aarnaW!`VAT v mnem am tYl w mN•AP MM.= MIRI R r:eL".ra'm"".�z.�. =1a..• r��r.....d•�r°°ts°rrr.r.rwpiwar'ia•r DOL COUNTY.TEXAS. LOT 46-Rr BLOCK D CIMARRON n r dn�.s rwr�r:�r..dr r ermw°L== •k 1. ~° i°°m I ESTATES PHASE II'�� dddirer . m...w..• ... os—.. _..,t �" ...w . ..rwmwww c :ed=rnar OMr r T=w•�• FRANCWLL DE I. PIMA SURVEY, ABSTRACT NO. 688 w.a.w nod e._..se— Erb CITY OF WYLIE, COLLIN COUNTY, TEXAS .. wd.•I...dvrm. Minna.We MO a III.l4.•—.N.—.ma OWNER $.`;:'rim CENTEX HOMES • p...el b•...VAwr.r *MO ala+.yr en-wal.Wow Mee et .ynmnW•a. 11.9.1PXYWO/PLra.IGI PACE YYr•PaWo of Y4.HIu.✓d twits or T.W. BARROW SURVEYING • betook To•n1eEWIa.f qp ware.e..mod Moto Imo mod toP M•w+•■•.-lea Nee.Mr la+e =N M I.boo awlto V 0 WNW W erg ltstsa., Fat/Me sM/Aoes WYLIE CITY COUNCIL AGENDA ITEM NO. H. October 28, 2003 Issue Consider and act upon a Final Plat for Lots 5A and 5B, Block A, being a Re-plat of Lot 5, Block A, Greenway Addition, being all of a certain 1.40 acre tract of land, generally located east of Westgate Way and south of F.M. 544, as described in a deed to Greenway-Wylie, L.P., recorded in Volume 4734, Page 2858 of the Deed Records of Collin County, Texas(DRCCT), and being situated in the E.C. Davidson Survey, Abstract No. 267 and in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas. Background The Re-plat under consideration will create two lots from the existing single Lot 5 of Block A of the Greenway Addition. This re-plat is intended to create the 0.78 acre Lot 5A to accommodate the Kwik Kar Lube and Tune and the 0.62 acre Lot 5B to accommodate the Kwik Dry Clean Center. The property is zoned for Community Retail (CR)uses, and the proposed uses are permitted within the CR District. The Final Plat for the Greenway Addition was originally approved by the City Council on April 10, 2001 prior to the zoning ordinance revision in November 2001 thus vesting the right to develop under the previous code. The re-platting Lot 5 into two lots removes all of the vested rights under the previous code and must now develop entirely under the current code. A site plan for the two facilities was approved at the October7, 2003 Planning and Zoning Commission meeting. Section 212.005 of the Texas Local Government Code states that "the municipal authority responsible for approving plats must approve a plat that satisfies all applicable regulations". Section 212.009(a) states that "the municipal authority responsible for approving plats shall act upon a plat within 30 days after the date the plat is filed. A plat is considered approved by the municipal authority unless it is disapproved with that time period". Financial Considerations Plat application fees—Paid Other Considerations 1. The proposed Re-plat for Lots 5A and 5B, Block A, of the Greenway Addition substantially conforms to the Site Plan and comply with all applicable State subdivision regulations as well as with the Subdivision Regulations and all other pertinent technical ordinances of the City of Wylie. 2. The Plat provides primary access to the site from Westgate Way with secondary access through joint/common access easements to the adjoining properties to the north, south and east of the subject lots. Board/Commission Recommendations On October 7, 2003, the Planning and Zoning Commission voted 7-0 to recommend approval of the Re-plat with the stipulation that screening be included around the chiller as well as the dumpster. Staff Recommendations Approval. Attachments Re-plat Prepared by Revi d by Finance City pproval 10/14/2003 13:39 9727245779 PEISER SURVEYING CO PAGE 02 Fil rrrr - I�i111t1AU1[II[I� iiiV-r .�-�in '4111 r IIIIlixii ; ,,,..,„t. .IIIIII.g.pmgm. �t � t IrIN111rrlruy111l ----;iiii. , IP••1tti 11111111'• 1i11ii1111111ti111 , 11111111. , ' dr del 111111I 1 ��!!"" !�y sr �,�` / 1% . t . I:. :1 l /,(-4;4,_aip—amoiriv--- . : /:\/ fee :' --jl : 1 � ; •day P 1i #40e is ii - 440‘44.,1( ne . : 1..4\ I \. . I op 1 lig 1 lip 40 ,i;144 gi el4 ii • '.% ',,,,N,,,, N1 ir 11 dis dot's'4e ft so* 1 I i Pi 4 1 ito 11 11 1' i . I fic i i i 1"I I '‘f:i ' ', 1 Igoe olii i1"fift 5 I 11 1 i 'r 1 '1:Hrt- i iliiiggiN 0 1114 ,,,.t.-''' gi_ g I I •• 4.4..._+,' I 44 :5 p . I ,P, i i 0 '4' . 1 ,':... 4 2.4, i li I, al, p! r . iler lat4i • 11 1 I '1404.. I a i ir Ift. 1 l'4r , It' 1i �� I gi i N rk z). . II i }fir NI; . r /. le. 2 I 44 11 i ,e, M WYLIE CITY COUNCIL AGENDA ITEM NO. I. October 28, 2003 Issue Consider and act upon authorizing the City Manager to enter into negotiations with Trinity Waste Services to extend the current contract. Background The current contract with Trinity Waste Services was approved by the City Council in 2000. The effective date of the contract is September 1, 2000 with a term of five (5) years. The initial five (5) year term may be extended for an additional five (5) years with the mutual agreement of both parties. Trinity Waste has requested that the extension be granted so that they can adequately plan for future equipment replacement (please see attached letter dated September 29, 2003). Trinity has offered to maintain their current rate schedule until September 1, 2004. At that time, any rate increase would be based on the previous twelve (12) month period (please see attached letter dated October 15, 2003). The last rate increase to take place was effective September 1, 2001 and was based on a rise in the CPI of 3.6%. Per the existing contract, Trinity may adjust rates to cover increases in costs due to: (i) changes in laws, ordinances or regulatory requirements, (ii) orders, judgments, or directives of any court or government body; (iii) increased costs due to changes in location of disposal facilities and/or increases in disposal costs; (iv) changes reflected by fluctuations in the CPI in the Dallas-Fort Worth area. If Trinity's operation costs increase, they may petition the City for rate adjustments no more than once every 12 months, with the increase not exceeding 5% of the rates in force at the time. In negotiating an extension, staff will be evaluating any issues regarding service delivery, performance measures and marketing efforts. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Letters from Trinity Waste dated September 29, 2003 and October 15, 2003. r repared Revi ed by Financ City Man pproval WYLIE CITY COUNCIL AGENDA ITEM NO. I. October 28, 2003 Issue Consider and act upon authorizing the City Manager to enter into negotiations with Trinity Waste Services to extend the current contract. Background The current contract with Trinity Waste Services was approved by the City Council in 2000. The effective date of the contract is September 1,2000 with a term of five (5)years. The initial five (5) year term may be extended for an additional five (5) years with the mutual agreement of both parties. Trinity Waste has requested that the extension be granted so that they can adequately plan for future equipment replacement(please see attached letter dated September 29, 2003). Trinity has offered to maintain their current rate schedule until September 1, 2004. At that time, any rate increase would be based on the previous twelve (12) month period (please see attached letter dated October 15, 2003). The last rate increase to take place was effective September 1, 2001 and was based on a rise in the CPI of 3.6%. Per the existing contract, Trinity may adjust rates to cover increases in costs due to: (i) changes in laws, ordinances or regulatory requirements, (ii) orders, judgments, or directives of any court or government body; (iii) increased costs due to changes in location of disposal facilities and/or increases in disposal costs; (iv) changes reflected by fluctuations in the CPI in the Dallas-Fort Worth area. If Trinity's operation costs increase,they may petition the City for rate adjustments no more than once every 12 months, with the increase not exceeding 5% of the rates in force at the time. In negotiating an extension, staff will be evaluating any issues regarding service delivery, performance measures and marketing efforts. Other Considerations N/A Financial Consideration N/A Board/Commission Recommendations N/A Staff Recommendations N/A Attachments Letters from Trinity Waste dated September 29, 2003 and October 15, 2003. Prepared by Reviewed by Finance City Manager Approval 1: $4TY ET Se September 29,2003 BiffJohnson City Manager City of Wylie 2000 Hwy. 78 N Wylie,Texas 75098 Re: Solid Waste Collection/Disposal and Recycling Contract • Dear Mr. Johnson: Trinity Waste Services takes great pride in servicing the Solid Waste Requirements for the City of Wylie. Our service and commitment to our contract cities is second to none. Our current term with the City of Wylie expires August 31, 2005. To better plan for the equipment replacement in the years to come, Trinity is requesting a five (5) year contract extension. As an incentive for the City, Trinity would maintain our current rate schedule until September 1, 2004. Our last rate increase was September 1,2001. We appreciate the City of Wylie's business and look forward to a continued partnership. Sincerely, Len Lyons Municipal Marketing Manager LL/vdw Trinity Waste Services• 1450 E.Cleveland Road•Hutchins,Texas 75141 Phone 972-225-4207.972-225-8151 If Toll Free 800-32-TRASH 800-234-4389 rah► Fax 972-225-7530•972-225-7424 Printed on recycled pare' OCT-15-2003 10:16 P.01/01 TW$IITY WASTE 9ERVI ES • October 15,2003 Siff Johnson City Manager City of Wylie 2000 Hwy 78 N Wylie,Texas 75098 Re: Solid Waste Collection/Disposal and Recycling Contract Dear Mr. Johnson: Our September 29,2003 contract extension request states our current rates would be held until September 01, 2004. At Section 15.02 of our currentcontract onhat time, any rate increase request would based the previous twelve(12) month period as noted in If additional information in required,please advise. Sincere] Len Lyons Municipal Marketing Manager Trinity Waste Services•1450 E.Cleveland Road•Hutchins.Texas 75141 .` Phone 972-225-4207•972-225-8151 Toll Free 800-32-TRASH•800-234-4389 Printed on.eeyeied vepe� fax 972.225-7530•972-225-742A TOTAL P.01 WYLIE CITY COUNCIL AGENDA ITEM NO. J October 28, 2003 Issue Consider and act upon a request from the Wylie Seniors, Teens that Care, and Girl Scouts to sell admission to the Haunted Tunnel and have game booths at the Bart Peddicord Community Center on October 30 and November 1, 2003. Background The Parks and Recreation Department in conjunction with volunteer groups; Wylie Seniors, Teens that Care, and Girl Scouts are hosting the Haunted Tunnel at the Bart Peddicord Community Center in Downtown Wylie. The event will feature an approximately 900 square foot haunted tunnel and game booths outside the B.P. Community Center sponsored by the Girl Scouts. Proceeds from the event will go to the Wylie Senior Fund that is used throughout the year for senior events and activities. The event began in 2002 on a smaller scale and has been upgraded this year to accommodate two nights, Thursday, October 30 and Saturday, November 1, 2003. Financial Considerations N/A Other Considerations Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the city park or recreation or community center facilities of the city. Board/Commission Recommendation The Parks and Recreation Board unanimously approved the request at their meeting, October 14, 2003. Staff Recommendation Staff recommends approving the request. Attachments Parks and Recreation Vendor Request Form 01) repared by Revie by Finance City r Approval CIT7 OFa#VVIIE �p ���4 ,411 I044}.'S`bra CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDMDUAL,ETC. EVENT INFORMATION Name Haunted Tunnel Location BP Community Center Address 100 W.Oak Wylie Texas 75098 Date(s) Oct.30 and Nov.1,2003 Phone No. 972-442-8119 Start Time 7pm Alternate Phone No. End Time 10:00 PM Contact Person Name Sandy Bussey Number of Individuals Vending Items 5 to 10 Address Target Audience adults/kids Phone No. Anticipated Number in Attendance at Event 5-700 Alternate Phone No. Specific Items to be Sold admission to tunnel, Emergency Contact Name and game booths. Sponsored by the Wylie Seniors,Teens that Address Care,and Girl Scouts. Proceeds will go the Wylie Senior Fund. Phone No. Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sate of only Pepsi products within all park,recreation,community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale,vend, peddle,sell or offer to sell any cold drinks, cigars,tobaccos, cigarettes,fruits, candies, goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however,that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares, and merchandise within the city park or recreation or community center facilities of the city. WYLIE CITY COUNCIL AGENDA ITEM NO. K October 28, 2003 Issue Consider and act upon a request from the Blackland Prairie Playground Foundation to sell items such as fence pickets and hand painted tiles and accept donations from October 14, 2003 through September 30, 2004 at Founders, Community, and Olde City Parks. Background The Blackland Prairie Playground Foundation is preparing there fundraising campaign and wish to sell items and accept donations in Founders, Community, and Olde City Parks. They want to set up a booth and try to sell their items (and accept donations) at sporting events and special events throughout the year i.e. Summer Concerts. Financial Considerations N/A Other Considerations Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the city park or recreation or community center facilities of the city. Board/Commission Recommendation The Parks and Recreation Board unanimously approved the request at their meeting, October 14, 2003. Staff Recommendation Staff recommends approving the request. Attachments Parks and Recreation Vendor Request Form repared by Revi d by Finance City pproval WWI CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDMDUAL,ETC. EVENT INFORMATION Name Blackland Prairie Playground Foundation Location Community,Founders,and Olde City Park Address 301 N.Cottonbelt Ave. Date(s) Oct.14,2003 through Sept.30,2004 Phone No.972-442-0370 Start Time Varies per season Alternate Phone No. 972-672-4133 End Time Varies per season Contact Person Name Anne Hiney Number of Individuals Vending Items 4 to 6 Address 301 N.Cottonbelt Ave. Target Audience Families wanting to support playground Phone No.972-442-0370 Anticipated Number in Attendance at Event Alternate Phone No. 972-672-4133 Specific Items to be Sold Hand-print tiles and fence pickets Emergency Contact Name Bill Hiney also accepting indivdual donations for the playground Address 301 N.Cottonbelt Ave. Phone No.972-442-0370 Alternate Phone No. 214-354-1612 Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park, recreation, community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold, the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: ft shall be unlawful for any person to solicit for sale,vend,peddle,sell or offer to sell any cold drinks, cigars,tobaccos, cigarettes,fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility;provided, however,that this section shall not apply to any person,organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods,wares,and merchandise within the city park or recreation or community center facilities of the city. WYLIE CITY COUNCIL AGENDA ITEM NO. L October 28, 2003 Issue Consider and act upon a request from the Summitt Church to sell items at Olde City Park for their Halloween event on October 30, 2003. Background The Summit Church is requesting to use Olde City Park for a Halloween event on October 30, 2003. The Church had a similar event at the park a few years ago called "Hallowfest." The event will feature game booths, food booths, and entertainment. The Church is working with staff to procure proper food permits and other items stipulated on the Vendor Registration Form. The past events have gone well and the Church has cooperated with Parks and Recreation Department staff. Financial Considerations N/A Other Considerations Section 78-150 of the City Code of Ordinances states: It shall be unlawful for any person to solicit for sale, vend, peddle, sell or offer to sell any cold drinks, cigars, tobaccos, cigarettes, fruits, candies, goods, wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concessions for the sale of specified goods, wares, and merchandise within the city park or recreation or community center facilities of the city. Board/Commission Recommendation The Parks and Recreation Board unanimously approved the request at their meeting, October 14, 2003. Staff Recommendation Staff recommends approving the request. Attachments Parks and Recreation Vendor Request Form t Prepared by Revi d by Finance City Man r Approval- 7 _ CITY 04y.YLIF 4 r � CITY OF WYLIE PARKS AND RECREATION VENDOR REGISTRATION FORM NAME OF GROUP,ORGANIZATION,INDIVIDUAL,ETC. EVENT INFORMATION Name Summit Church Location Wylie Old City Park Address 1504 Windy Meadow Dr.Plano,Tx.75023 Date(s) Oct.30th Phone No. 972-423-8962 Start Time 5:00pm. Alternate P 469-441-7342 End Time 9:00 AM Contact Person Name Pam Bamhill Number of Individuals Vending Items 1 Address P.O.Box 864287 Plano,Tx.75086 Target Audience kids Phone No. 972-267-2267 Ext.134 Anticipated Number in Attendance at Event 300-500 Alternate Phone No. Specific Items to be Sold Nachos,Hot Dogs,Chili,Chicken Fajitas Emergency Contact Name Pam Bamhill Popcom,Pepsi products,Coffee,Apple Cider,Hot Chocolate Address P.O.Box 864287 Plano,Tx.75086 Phone No. 972-267-2267 Ext.134 Alternate Phone No. Helpful Information The City of Wylie has an exclusive contract that allows the sale of only Pepsi products within all park,recreation,community center facilities, and other city facilities. If food is prepared on-site or if food is prepared off-site and brought to the location to be sold,the vendor must contact the City Inspections Office at 972-442-8150 in order to obtain a Health Permit prior to the sale of such products. An Inspector must examine the food preparation and food storage equipment to assure the health and safety of customers. Section 78-150 of the City Code of Ordinances states: it shall be unlawful for any person to solicit for sale,vend, peddle,sell or offer to sell any cold drinks,cigars,tobaccos, cigarettes, fruits, candies, goods,wares or merchandise of any kind or nature whatsoever within the city park or recreation or community center facility; provided, however, that this section shall not apply to any person, organizations, firms or corporations, or the agents of any person, or organization, firm or corporation, or employees of any person who are recommended by the parks and recreation board and approved by the city council to operate a concession or concec--ions for the sale of specified goods,wares, and merchandise within the city park or recreation or community center facilities of the city. WYLIE CITY COUNCIL AGENDA ITEM NO. M OCTOBER 28, 2003 Issue Consider and act upon authorizing the City Manager to execute an Amendment to the Conditional Grant Agreement between the City of Wylie and Atrium Companies, Inc., Extruders Division. Background On December 21, 1999, the Wylie Economic Development Corporation (WEDC) entered into a Conditional Grant Agreement with Atrium Companies, Inc., Extruders Division (Atrium) which detailed certain incentives to be granted to Atrium provided Atrium cause to be constructed and occupy a 205,000 square foot facility located within Premier Business Park. Within the Conditional Grant Agreement, the WEDC agreed to "recommend to the City that the Grantee (Atrium) be granted an eighty percent (80%) tax abatement for a period of five (5) years" as detailed in Section 3 a(ii). On August 24, 1999, the WEDC made a presentation to the Wylie City Council regarding the intent of the WEDC to purchase the Extruders site on State Highway 78 and enter into an incentive agreement. During the presentation, the Council was made aware of the intention to approach the Council at a later date to formally consider a five (5) year, eighty percent (80%) tax abatement which conformed to the guidelines of the City of Wylie Tax Abatement Policy. No action was taken as a result of discussions held in Executive Session. Following the execution of the Conditional Grant Agreement, neither WEDC staff, City of Wylie staff, nor Atrium representatives initiated the tax abatement process. It was not until May, 2003 when Extruders Vice President, Jamey Rentfrow, contacted the WEDC to inquire as to the status of the abatement. Local Extruders representatives were not aware of the oversight due to the fact that all Extruders accounting functions are managed by the parent company Atrium. Staff believes that the intent of all parties involved was to approach the City Council and formally request a tax abatement as outlined above. In order to address the oversight, an Amendment to Conditional Grant Agreement has been drafted which would make the City of Wylie a party to the original Conditional Grant Agreement. Section 380.001 of the Texas Local Government Code, as identified in the Amendment to Conditional Grant Agreement, authorizes municipalities to enter into economic development agreements. Financial Considerations The Wylie City Council budgeted for an $82,895.00 expenditure to Extruders Division of Atrium Companies, Inc. in the FY 2003 —2004 Budget. The above figure represents 80% of the property taxes paid to the City of Wylie on the valuation of new property located to Premier Business Park by Extruders. As per the Amendment to Conditional Grant Agreement, the City of Wylie is committing to the above payment for each the next five (5) years. Other Considerations Extruders current facility is valued at $7.9 million with new personal property valued at $6.6 million. Extruders also relocated $3.5 million in personal property from its previous location on State Highway 78. In addition to the 200 employees which were retained from the project, Extruders added an additional 250 new positions. Finally, Extruders is planning for a±$2 million expansion during the 2nd quarter of 2004. Staff Recommendation Staff recommends that the Wylie City Council approve an Amendment to Conditional Grant Agreement between the City of Wylie, Wylie Economic Development Corporation, and Atrium Companies, Inc. authorizing Anthony Johnson to execute said document on behalf of the City of Wylie. Attachments Conditional Grant Agreement Amendment to Conditional Grant Agreement Sm\ .tettfit4s/ii:it(i /-.7 Prepared By Revie by Finance City Man g Approval CONDITIONAL GRANT AGREEMENT Grantee: ATRIUM COMPANIES, INC., Extruder's Division 1341 West Mockingbird Lane, Suite 1200 West Dallas, Texas 75247 Grantor: WYLIE ECONOMIC DEVELOPMENT CORPORATION P.O. Box 1467, 108 West Marble Wylie, Texas 75098 WHEREAS, THIS CONDITIONAL GRANT AGREEMENT ("Agreement") between ATRIUM COMPANIES, INC., Extruder's Division, a Delaware corporation(herein referred to as "Grantee"), and the W LIE ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation ("Grantor"), is made and executed on the terms and conditions set forth herein; and WHEREAS, Grantee has applied to Grantor for a series of financial assistance grants, including those which are described in this Agreement and those which may be described on any exhibit or schedule attached to this Agreement. All such financial assistance grants, together with all future financial assistance grants, if any, from Grantor to Grantee, are referred to in this Agreement individually as the "Grant" and collectively as the "Grants." Grantee understands and agrees that: (a) in granting any Grant, Grantor is relying upon Grantee's representations, warranties, and agreements, as set forth and provided for in this Agreement; (b) the granting of any Grant by Grantor at all times shall be subject to Grantor's sole judgment and discretion; and (c) the making of all such Grants shall be contingent upon, and shall remain subject to, the full satisfaction of the following terms and conditions of this Agreement. NOW, THEREFORE, Grantee and Grantor agree as follows: SECTION 1. TERM. This Agreement shall be effective as of 1 e L. , 1999, and shall continue thereafter until December 31, 2006, unless terminated sooner under the provisions hereof. SECTION 2. DEFINITIONS. The following words shall have the following meanings when used in this Agreement. Terms not otherwise defined in this Agreement shall have the meanings attributed to such terms in the Texas Uniform Commercial Code. a. Agreement. The word "Agreement" means this Conditional Grant Agreement, together with all exhibits and schedules attached to this Conditional Grant Agreement from time to time, if any. CONDITIONAL GRANT AGREEMENT 76997.4/1868.230-Page 1 b. Event of Default. The words "Event of Default" mean and include any of the Events of Default set forth below in the section entitled "Events of Default." c. Grant. The word "Grant" or "Grants" means and includes any and all financial assistance grants which shall be provided by Grantor to Grantee upon Grantee's full satisfaction of the terms and conditions set forth pursuant to this Agreement. d. Grantee. The word "Grantee" means ATRIUM COMPANIES, INC., Extruder's Division, a Delaware corporation. e. Grantor. The word "Grantor" means the WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation, its successors and assigns. f. Related Documents. The words "Related Documents" mean and include without limitation all other agreements, instruments and documents, whether now or hereafter existing, executed in connection with Grantee's Grants to Grantor. g. Tract. The word "Tract" means that certain tract of land approximately 17.206 acres in size and located in Premier Industrial Park in the City of Wylie, Collin County, Texas (the "City"), such property more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes. h. Option Property. The words "Option Property" mean that certain tract of land approximately 8.035 acres in size and located in Premier Industrial Park South, First Revision, and known as Lot 3, Block B, such tract being approximately 349,993 square feet in size. SECTION 3. CONDITIONS TO RECEIPT OF GRANTS. a. Grant Requests, Satisfaction and Disbursement. Grantor agrees that upon Grantee's submision of a written request to Grantor once Grantee has fully complied with and satisfied the following terms and conditions with regard to the respective Grant, and Grantor agrees that such terms and conditions have been fully satisfied by Grantee to the sole and absolute discretion of Grantor, Grantor shall provide and forward to Grantee the herein-described respective Grants: (i) Grant 1. Grantor shall provide Grantee with a Grant equal to Three Hundred Eighty Thousand and No/100 Dollars ($380,000.00) upon the full and complete satisfaction of all of the following conditions, such satisfaction being to the sole and absolute discretion of Grantor, and as long as no other Event of Default has occurred or exists, as such are defined in Section 5 herein: (1) Grantee, as tenant, shall execute a commercial lease agreement (the "Lease") with DELAWARE PANE (TX), LP, a Delaware limited CONDITIONAL GRANT AGREEMENT 76997.4/1868.230- Page 2 partnership (the "Landlord") for occupancy of 100% of an office/manufacturing facility at least two hundred and five thousand, three hundred (205,300) square feet in size(the "Building") located on the Tract, such Lease to extend for a period of at least fifteen(15) years beginning no later than August 1, 2001, and Grantee provides Grantor with a copy of the fully executed Lease on or before August 1, 2001; (2) Construction of the Building is completed by Landlord on or before August 1, 2001, as evidenced by the City's issuance of a final certificate of occupancy; and (3) Grantee has purchased at least one (1) new extrusion press and installed it in the Building and has relocated and installed more than one (1) existing extrusion presses already owned by Grantee in the Building, all being completed on or before August 1, 2001. (ii) Grant 2. Grantor will recommend to the City that Grantee be granted an eighty percent (80%) tax abatement for a period of five (5) years, beginning upon commencement of the Lease, such abatement being applied only to "new value" located on the Tract as defined by applicable City tax abatement policies and guidelines. Upon the full and complete satisfaction of all of the conditions set forth in Section 3(a)(i) and this Section 3(a)(ii), such satisfaction being to the sole and absolute discretion of Grantor, and as long as no other Event of Default has occurred or exists, as such are defined in Section 5 herein, Grantor shall provide Grantee with a series of up to five (5) annual Grants not to exceed Fifty-Four Thousand and No/100 Dollars ($54,000.00) in the aggregate. Specifically, Grantor shall provide Grantee with annual Grants to assist in satisfying a portion of the ad valorem taxes assessed by the City on "new value" located on the Tract, such annual Grants being in an amount representing the ad valorem taxes due on the remaining twenty percent (20%) of new value not subject to abatement(if such abatement is granted). However, in all instances, the annual Grants shall not exceed the following: Year One - Twelve Thousand, One Hundred and Fifty and No/100 Dollars ($12,150.00); Year Two - Eleven Thousand, Four Hundred and Seventy-Five and No/100 Dollars ($11,475.00); Year Three - Ten Thousand, Eight Hundred and No/100 Dollars ($10,800.00); Year Four - Ten Thousand, One Hundred and Twenty-Five and No/100 Dollars ($10,125.00); and Year Five - Nine Thousand, Four Hundred and Fifty and No/100 Dollars ($9,450.00). CONDITIONAL GRANT AGREEMENT 76997.4/1868.230-Page 3 The above-referenced annual Grants shall begin upon Grantee's receipt of the first tax assessment by the City one (1) year after commencement of the Lease and occupancy of the Building by Grantee, such assessment including the completed Building constructed in accordance with the specifications set forth in Section 3(a)(i) and the extrusion presses contemplated by Section 3(a)(i). Once these conditions are satisfied, the above-listed series of annual Grants shall be made to Grantee by Grantor, for the benefit of Grantee, for a period of five (5) consecutive years as referenced above, as long as no Event of Default has occurred or exists, as such are defined in Section 5 herein, with the total funds granted not to exceed Fifty-Four Thousand and No/100 Dollars ($54,000.00). b. Additional Benefits and Rights. Grantor hereby grants Grantee the following additional benefits and rights: (i) Option and Right of First Refusal. Grantor hereby grants to Grantee an option and right of first refusal regarding the purchase of the Option Property. Specifically, for a period of five (5) years from the effective date of this Agreement, the closing to occur within such period (the "Option Period"), Grantee shall have the right and option to purchase the Option Property for a purchase price equal to seventy-five percent (75%) of the appraised fair market value of the Option Property (the "OP Purchase Price") which shall be determined as of the time such option is elected, as such appraised value shall be determined by an appraiser selected by Grantor and Grantee jointly. The appraised value upon which the OP Purchase Price shall be based shall be valid for a period not to exceed sixty (60) days from the determination of the appraised value, unless a closing is scheduled by the parties hereto and proceeding timely. However, in no instance shall the OP Purchase Price be less than $0.75 per square foot. If at any time during the Option Period, Grantor initiates a project with a third party involving the Option Property, Grantor shall notify Grantee in writing regarding such proposed project, and Grantee shall have thirty (30) days to exercise its option to purchase the property and set a closing date reasonably soon thereafter, the purchase price to be determined in accordance with the process hereinbefore discussed. If Grantee exercises its option to purchase the Option Property, but fails to close within sixty (60) days and such failure is not due to the actions of Grantor, the option and right of first refusal granted by this Section 3(b)(i) shall immediately terminate and be of no further force and effect. In case of an Event of Default, the option and right of first refusal granted to Grantee pursuant to this Section 3(b)(i) shall immediately terminate and be of no further force and effect. (ii) Additional Incentives. If Grantee acquires the Option Property in accordance with the rights granted it by Grantor pursuant to Section 3(b)(i) herein above, the funds representing the OP Purchase Price shall be placed in a segregated account by Grantor upon the closing of Grantee's purchase. If within three (3) years from the closing of Grantee's purchase of the Option Property, Grantee CONDITIONAL GRANT AGREEMENT 76997.4/1868.230-Page 4 completes construction of an expansion facility at least fifty thousand (50,000) square feet in size on the Option Property in accordance with plans and specifications approved in advance by Grantor, such completion being evidenced by City's issuance of a final certificate of occupancy for the expanded facility, Grantor agrees to refund to Grantee the OP Purchase Price, without any interest that may have accrued on such sum while being held by Grantor. The rights and obligations granted by this Section 3(b)(ii) shall survive the expiration, but not the termination, of this Agreement, but only for a period of three (3) years from the closing of Grantee's purchase of the Option Property in accordance with Section 3(b)(i) herein. In case of an Event of Default, the rights and benefits granted to Grantee pursuant to this Section 3(b)(ii) shall immediately terminate and be of no further force and effect. c. Additional Assurances. Grantee agrees to make, execute and deliver to Grantor such other instruments, documents, leases and other agreements as Grantor or its attorneys may reasonably request to evidence and support the Grants. d. Compliance Certificates. As a further condition to the Grants hereunder, Grantee shall provide the following compliance certificates to Grantor upon request, such certificates specifying: (i) construction status specifications associated with the Building on the Tract, in accordance with the terms and conditions of Section 3(a)(i), such certificates to be provided upon Grantor's request; (ii)the terms and conditions of the fully executed Lease for the Building; (iii) copies of any and all tax assessments received from the City regarding the Tract and improvements located thereon; and (v) any other requirement, covenant or condition imposed upon Grantee as set forth in this Agreement. e. Performance. Grantee agrees to perform and comply with all terms, conditions, and provisions set forth in this Agreement and in all other instruments and agreements between Grantee and Grantor. SECTION 4. CESSATION OF GRANTS. Grantor shall have no obligation to provide any further Grants under this Agreement or under any other agreement if: (a) Grantee becomes insolvent, files a petition in bankruptcy or similar proceedings, or is adjudged bankrupt; or(b) an Event of Default occurs. In addition, Grantor may pursue any and all other remedies provided by Related Documents and/or by statute, law or ordinance. SECTION 5. EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement if any such event occurs during the Term of this Agreement: a. Failure to Construct and Complete the Building. Failure of Landlord to construct and complete the Building on the Tract as contemplated by Section 3(a)(i)herein. b. Failure to Maintain Primary Operations. Any cessation of primary operations at the Building by Grantee. CONDITIONAL GRANT AGREEMENT 76997.4/1868.230- Page 5 c. Breach of Lease. Any breach or default under the Lease by Grantee. d. Failure to Purchase and Maintain Extrusion Press. The failure by Grantee to purchase and install an extrusion press in the Building, render such press for ad valorem taxation and maintain the press throughout the term of this Agreement. e. Failure to Relocate Existing Extrusion Presses. The failure by Grantee to relocate and install existing extrusion presses from their current location to the Building, render such presses for ad valorem taxation and maintain the presses throughout the term of this Agreement. f. False Statements. Any warranty, representation, or statement made or furnished to Grantor by or on behalf of Grantee under this Agreement or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. g. Insolvency. The dissolution or termination of Grantee's existence as a going business, Grantee's insolvency, appointment of receiver for any part of Grantee's property, any assignment for the benefit of creditors of Grantee, any type of creditor workout for Grantee, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantee. h. Default in Payment of Taxes. Grantee has failed to pay in a timely manner any real property tax or other ad valorem tax assessed it by applicable taxing authorities. i. Other Defaults. Failure of Grantee to comply with or to perform any other material term, obligation, covenant or condition contained in this Agreement or in any of the Related Documents, or failure of Grantee to comply with or to perform any other material term, obligation, covenant or condition contained in any other agreement between Grantor and Grantee, and specifically, should Grantee rent, lease, sell, transfer or assign any of its interest in any portion of the Tract or Building without the prior, written approval of Grantor. SECTION 6. INDEMNIFICATION. Grantee shall indemnify, defend, save and hold harmless Grantor, its directors, officers, agents, attorneys, and employees (collectively, the "Indernnitees") from and against: (i) any and all claims, demands, actions or causes of action that are asserted against any Indemnitee if the claim, demand, action or cause of action directly or indirectly relates to tortious interference with contract or business interference, or wrongful or negligent use of Grantor's Grants by Grantee or its agents and employees; (ii) any administrative or investigative proceeding by any governmental authority directly or indirectly related, to a claim, demand, action or cause of action in which Grantor is a disinterested party; (iii) any claim, demand, action or cause of action which directly or indirectly contests or challenges the legal authority of Grantee to enter into this Agreement; and (iv) any and all liabilities, losses, costs, or expenses (including attorneys' fees and disbursements) that any Indemnitee suffers or incurs as a result of any of the foregoing. If any claim, demand, action or cause of action is asserted against any Indemnitee, CONDITIONAL GRANT AGREEMENT 76997.4/1868.230-Page 6 such Indemnitee shall promptly notify Grantee, but the failure to so promptly notify Grantee shall not affect Grantee's obligations under this Section unless such failure materially prejudices Grantee's right to participate in the contest of such claim, demand, action or cause of action, as hereinafter provided. If requested by Grantee in writing, as so long as no Default or Event of Default shall have occurred and be continuing, such Indemnitee shall in good faith contest the validity, applicability and amount of such claim, demand, action or cause of action and shall permit Grantee to participate in such contest. Any Indemnitee that proposes to settle or compromise any claim, demand, action, cause of action or proceeding for which Grantee may be liable for payment of indemnity hereunder shall give Grantee written notice of the terms of such proposed settlement or compromise reasonably in advance or settling or compromising such claim or proceeding and shall obtain Grantee's concurrence thereto. This Section shall survive the expiration or earlier termination of this Agreement. SECTION 7. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Agreement: a. Representations and Warranties. Grantee represents and warrants that it is duly authorized to execute and fulfill this Agreement and the Related Documents, and agrees to all agreements, obligations, covenants and conditions contained herein and therein. b. Amendments. This Agreement, together with any Related Documents, constitute the entire understanding and agreement of the parties as to the matters set forth in this Agreement. No alteration of or amendment to this Agreement shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. C. APPLICABLE LAW AND VENUE. THIS AGREEMENT HAS BEEN DELIVERED TO GRANTOR AND ACCEPTED BY GRANTOR IN THE STATE OF TEXAS. GRANTEE AGREES TO SUBMIT TO THE JURISDICTION OF THE COURTS OF COLLIN COUNTY, STATE OF TEXAS, AND THAT VENUE IS PROPER IN SAID COUNTY. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS AND APPLICABLE FEDERAL LAWS. d. Materials and Supplies Purchase. Although not an Event of Default or condition of any Grant made available hereunder, Grantor requests that Grantee hire its employees and purchase all materials, supplies and services necessary to fulfill the conditions set forth in this Agreement and conduct its business at the Building from Wylie, Texas residents, merchants and businesses. e. Community Involvement. Although not an Event of Default or condition of any Grant made available hereunder, Grantee agrees to actively participate in community and charitable organizations and/or activities, the purpose of which are to improve the quality of life in Wylie, and to actively encourage its Wylie employees to be involved in such organizations and/or activities. CONDITIONAL GRANT AGREEMENT 76997.4/1868.230- Page 7 f. Grantee Audit. Upon receiving fifteen (15) days prior written notice, Grantee agrees to allow Grantor to receive copies of all of Grantee's records, documents, agreements and other instruments in furtherance of the following purposes: (i) to ensure Grantee's compliance with the conditions set forth in Section 3 herein; (ii) to determine the existence of an Event of Default set forth in Section 5 herein; and (iii) to ensure compliance with any other term or condition of this Agreement or any Related Document. g. Caption Headings. Caption headings in this Agreement are for convenience purposes only and are not to be used to interpret or define the provisions of the Agreement. h. Notices. All notices required to be given under this Agreement shall be given in writing and shall be effective when actually delivered or when deposited in the United States mail, first class, postage prepaid, addressed to the party to whom the notice is to be given at the address shown above. Any party may change its address for notices under this Agreement by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantee agrees to keep Grantor informed at all times of Grantee's current address. i. Severability. If a court of competent jurisdiction finds any provision of this Agreement to be invalid or unenforceable as to any person or circumstance, such finding shall not render that provision invalid or unenforceable as to any other persons or circumstances. If feasible, any such offending provision shall be deemed to be modified to be within the limits of enforceability or validity; however, if the offending provision cannot be so modified, it shall be stricken and all other provisions of this Agreement in all other respects shall remain valid and enforceable. j. Survival. All warranties, representations, covenants and indemnifications made by Grantee in this Agreement or in any certificate or other instrument delivered by Grantee to Grantor under this Agreement shall be considered to have been relied upon by.Grantor and will survive the making of the Grants and delivery to Grantor of the Related Documents, regardless of any investigation made by Grantor or on Grantor's behalf, as well as the expiration or earlier termination of this Agreement. k. Time is of the Essence. Time is of the essence in the performance of this Agreement. 1. Settlement of Disputes. Prior to the commencement of any legal action or proceeding, Grantee and Grantor agree to act in good faith and diligently seek to settle any and all disputes concerning the interpretation and/or enforcement of this Agreement or the Related Documents. CONDITIONAL GRANT AGREEMENT 76997.4/1868.230-Page 8 m. Enterprise Zone Designation. Grantor agrees that it shall approach and request of the Texas Department of Economic Development that the Tract be designated as a Texas Enterprise Zone. GRANTEE ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS CONDITIONAL GRANT AGREEMENT, AND GRANTEE AGREES TO ITS TERMS. THIS AGREEMENT IS DATED EFFECTIVE AS OF THE al(`} DAY OF DC crw.e e , 1999. GRANTEE: ATRIUM COMPANIES, INC., Extruder's Division, a Delaware corporation By: 02(11‘e N e: ,t� � rr`u Title: Pre5vG 'n f GRANTOR: WYLIE ECONOMIC DEVELOPMENT CORPORATION, a Texas non-profit corporation By: 1 HN A R Chairman of the Board CONDITIONAL GRANT AGREEMENT 76997.4/1868.230- Page 9 EXHIBIT "A" TRACT LEGAL DESCRIPTION Being a tract of land situated in the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County, Texas, and being a part of Lot 1, Block B, of Amended Plat of Premier Industrial Park South, an Addition to the City of Wylie, Collin County, Texas by plat thereof recorded in Volume L,Page 190,Map Records,Collin County,Texas,and being more particularly described as follows: Beginning at a 1/2" iron found on the south right-of-way line of Hensley Lane (60' R.O.W.) for the most northerly northeast corner of Lot 2, Block B, of said Addition; Thence,North 90°00'00"East,along the south right-of-way line ofHensley Lane(60' R.O.W.), a distance of 709.06 feet to a 1/2" iron rod for the beginning of a curve to the right having a central angle of 00°34'23", a radius of 2,000.00 feet and a chord which bears South 89°42'49" East a distance of 20.00 feet; Thence, southeasterly, along the south right-of-way line of Hensley Lane (60' R.O.W.) and said curve to the right, an arc distance of 20.00 feet to a 5/8" iron rod set for corner; Thence, South 00°00'00" East, a distance of 924.31 feet to a 5/8" iron rod set forth corner on the north line of a 12.5163 acre tract of land conveyed to Independent Bank of Wylie by deed recorded in Volume 2639, Page 795, Deed Records, Collin County, Texas; Thence, North 89°32'38" West, along the north line of said 12.5163 acre tract, a distance of 1,157.49 feet to a 60D nail found for an ell corner of a 10.701 acre tract of land conveyed to John B. Robinson by deed recorded in Volume 1580, Page 861, Deed Records, Collin County, Texas, and being the northwest corner of said 12.5163; Thence,North 03'28'33"East, along the east line of said 10.701 acre tract, a distance of 462.16 feet to a 1/2" iron rod found for the most westerly southwest corner of said Lot 2; Thence, South 51°51'48" East, along a southwest line of said Lot 2, a distance of 190.50 feet to a 1/2" iron rod set for corner; Thence, South 39°27'13" East, along a southwest line of said Lot 2, a distance of 256.00 feet to a 1/2" iron rod set for corner; CONDITIONAL GRANT AGREEMENT 76997.4/1868.230-Page 10 Thence,North 90°00'00"East, along the south line of said Lot 2,a distance of 162.87 feet to a 1/2" iron rod set for the southeast corner of said Lot 2; Thence,North 00°00'00" West, along an east line of said Lot 2, a distance of 566.70 feet to a 1/2" iron rod set for the most easterly northeast corner of said Lot 2; Thence, South 90°00'00" West, along a north line of said Lot 2, a distance of 75.00 feet to a 1/2" iron rod found for a re-entrant corner of said Lot 2; and Thence,North 00°00'00" West, along an east line of said Lot 2, a distance of 202.50 feet to the Point of Beginning and containing 749,492 square feet or 17.206 acres of land. CONDITIONAL GRANT AGREEMENT 76997.4/1868.230- Page 11 AMENDMENT TO CONDITIONAL GRANT AGREEMENT This Amendment to the Conditional Grant Agreement executed on or about December 21, 1999 by and between Atrium Companies, Inc., Extruder's Division, a Delaware corporation and the Wylie Economic Development Corporation ("Amendment") is made and entered into by and between Atrium Companies, Inc., Extruder's Division, a Delaware corporation ("Grantee"), the Wylie Economic Development Corporation ("Grantor") and the City of Wylie, Texas ("City"). WHEREAS, Grantee and Grantor entered into a Conditional Grant Agreement (the "Grant Agreement") on or about December 21, 1999; and WHEREAS, Section 3.a (ii) of the Grant Agreement states that the Grantor will recommend to the City that Grantee be granted an eighty percent (80%) tax abatement for a period of five (5) years based upon criteria set forth therein; and WHEREAS, the City was never requested to grant a tax abatement and the City never granted one; and WHEREAS, the City and the Grantee desire to participate in an Economic Development Program pursuant to Section 380.001, Texas Local Government Code, by entering into this Amendment; and WHEREAS, the Grantor, Grantee and the City desire that the City become a party to the Grant Agreement; WHEREAS, the parties agree that this Amendment will promote local economic development and stimulate business and commercial activity in the City. NOW, THEREFORE, in consideration of the mutual benefits and premises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties amend the Grant Agreement as follows: 1. The Grant Agreement is amended to add the City of Wylie, Texas as a Grantor with all the rights and duties provided thereunder. 2. Section 2, "Term", of the Grant Agreement is amended to provide that the term of the Agreement shall end on October 31, 2007, unless sooner terminated as provided thereunder. 3. Section 3.a (ii) of the Grant Agreement is amended to read as follows: "The City will pay to Grantee, as long as no Event of Default has occurred or exists, the sum of Four Hundred Fourteen Thousand Four Hundred Seventy-five and No/100 Dollars ($414,475.00) payable in five (5) annual installments of Eighty Two Thousand AMENDMENT TO CONDITIONAL GRANT AGREEMENT-Page 1 Eight Hundred Ninety Five and No/100 Dollars ($82,895.00) per year for five (5) years beginning October 31, 2003, and continuing each year thereafter through October 31, 2007, subject to Grantee fulfilling and satisfying the conditions set forth in this Agreement (such satisfaction being the sole and absolute discretion of Grantor) including, but not limited to, the following conditions: (a) On or before September 1 of each year, Grantee shall provide to the City written notice and evidence determined sufficient by the City that the ad valorem taxes on the Tract for the previous year have been paid to the City of Wylie, Texas, Wylie Independent School District, Collin County, Texas and the Collin County Community College District; and (b) For each year of this Agreement, Grantee shall render to the Collin County Central Appraisal District (the "Appraisal District") a fair market value of at least Six Million and No/100 Dollars ($6,000,000.00) on the Tract and a fair market value of at least Six Million and No/100 Dollars ($6,000,000.00) on the personal property at the Tract and the Appraisal District shall set a value on the Tract and personal property at the Tract of at least Six Million and No/100 Dollars ($6,000,000.00) each." By executing this Amendment, the parties hereto ratify and confirm all of the terms, covenants and conditions of the Grant Agreement. Should any provision of this Amendment be in conflict with a provision of the Grant Agreement, this Amendment shall prevail. IN WITNESS WHEREOF, the parties have executed this Amendment, in duplicate, as of the date written below. Dated: GRANTEE: ATRIUM COMPANIES, INC., Extruder's Division, a Delaware Corporation By: Jamey Rentfrow Its: Vice President/General Manager AMENDMENT TO CONDITIONAL GRANT AGREEMENT-Page 2 GRANTORS: WYLIE ECONOMIC DEVELOPMENT CORPORATION By: Sam Satterwhite Its: Executive Director CITY OF WYLIE, TEXAS By: Anthony D. Johnson Its: City Manager THE STATE OF § § COUNTY OF § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared JAMEY RENTFROW, Vice President/General Manager of Atrium Companies, Inc., Extruder's Division, a Delaware Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this, the day of , 2003. Notary Public in and for The State of My Commission Expires AMENDMENT TO CONDITIONAL GRANT AGREEMENT-Page 3 THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared SAM SATTERWHITE, Executive Director of the Wylie Economic Development Corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this, the day of 2003. Notary Public in and for the State of Texas My Commission Expires THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared ANTHONY D. JOHNSON, City Manager of the City of Wylie, Texas, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said municipality, and that he executed the same as the act of such municipality for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this, the day of 2003. Notary Public in and for the State of Texas My Commission Expires AMENDMENT TO CONDITIONAL GRANT AGREEMENT-Page 4 WYLIE CITY COUNCIL AGENDA ITEM NO. 1 October 28, 2003 Issue Consider and act upon an appointment to the Planning and Zoning Commission, to fill an unexpired term. Background Article VIII, Section 2A of the City Charter authorizes the City Council to appoint a Planning and Zoning Commission to advise the Council in carrying out its various duties regarding planning and environmental quality. Proposition 18, adopted on May 2, 1998, requires that the Planning and Zoning Commission shall consist of seven(7)citizens, appointed for terms of two(2)years each. Vacancies in an unexpired term shall be filled by the Council within thirty (30) days from the date of the vacancy for the remainder of the term. Michael George was reappointed to a two(2)year term on the Planning and Zoning Commission on June 24, 2003. Mr. George, who has capably served several years as Chairman of the Commission, resigned from the Commission effective October 17, 2003, due to pressing family matters. The City Secretary maintains a file of citizens interested in serving on various City boards and commissions. This list has been reviewed by the Council Interview Panel(Chaired by Mayor Pro Tern Hogue with Council members Young and Shinn) who conducted reviews and interviews for the last appointments in May. Financial Considerations None. As required by City Charter, Commission members are not compensated for their service. Other Considerations 1. The new appointee will serve the term expiring in 2005. 2. The Council Interview Panel will make a recommendation to Council, based on the interviews conducted in May. Board/Commission Recommendation N/A Staff Recommendation That Council accept the Interview Panel's recommendation. Attachments Current members of the P&Z Commission, with terms of appointments Michael George's letter of resignation New applications 41441114- Prepared by eview y Finance City Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 1 October 28, 2003 Issue Consider and act upon an appointment to the Planning and Zoning Commission, to fill an unexpired term. Background Article VIII, Section 2A of the City Charter authorizes the City Council to appoint a Planning and Zoning Commission to advise the Council in carrying out its various duties regarding planning and environmental quality. Proposition 18, adopted on May 2, 1998, requires that the Planning and Zoning Commission shall consist of seven(7)citizens, appointed for terms of two(2)years each. Vacancies in an unexpired term shall be filled by the Council within thirty(30) days from the date of the vacancy for the remainder of the term. Michael George was reappointed to a two(2)year term on the Planning and Zoning Commission on June 24, 2003. Mr. George,who has capably served several years as Chairman of the Commission, resigned from the Commission effective October 17, 2003, due to pressing family matters. The City Secretary maintains a file of citizens interested in serving on various City boards and commissions. This list has been reviewed by the Council Interview Panel(Chaired by Mayor Pro Tem Hogue with Council members Young and Shinn) who conducted reviews and interviews for the last appointments in May. Financial Considerations None. As required by City Charter, Commission members are not compensated for their service. Other Considerations 1. The new appointee will serve the term expiring in 2005. 2. The Council Interview Panel will make a recommendation to Council,based on the interviews conducted in May. Board/Commission Recommendation N/A Staff Recommendation That Council accept the Interview Panel's recommendation. Attachments Current members of the P&Z Commission, with terms of appointments Michael George's letter of resignation New applications •P mir-ArlP Prepared by eview y Finance City a Approval P & Z Board Members with Terms Chris Seely Jul-03 7/04 William Chapman Jul-03 7/05 Michael George Jul-03 7/05 Mike Phillips Jul-02 7/04 Carter Porter Jul-02 7/04 M.G. Red Byboth Jul-03 7/05 Don Hughes Jul-02 7/04 Mr. Claude Thompson Planning Director City of Wylie 2000 N. Hwy.78 Wylie, Texas 75098 Dear Claude, It is with great regret that I must step down from the Planning and Zoning Commission effective immediately. Due to pressing family matters I must resign my seat on the Commission and step down as its chairman. This is a very difficult decision as this position has become so important to me and to my feelings for the community of Wylie. I want to especially thank you and the Planning staff for all you do for the City of Wylie and all you have done for me. I hope in some small way I have contributed to the smart growth of our city and I know I leave the Commission in very capable hands. I hope this is not the last you will see of me, as I would like to once again serve the City of Wylie in the future if allowed to do so. Again, thank you for your support. Sincerely, Vt-/,‘Ake,-/.% • Oets‘tg/'-- Michael A. George Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Thursday, May 15, 2003 2:05 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Joe Murphy Date_of_appl ication: first_board: Planning and Zoning Commission second_board: Ambulance Advisory Board third_board: Parks and Recreation Board subcommittees: Yes home_addy: 1704 Lincoln Dr home_phone: 97244221 19 home_fax: home_email: joe.murphy@ps.net resident_years: 10 how_contact: Home Phone reg_voter: Yes bus_owner: No bus_name: occupation: Health Care Consultant bus_addy: 13737 Noel Road Dallas Texas bus_phone: 469 893 681 2 bus_fax: 469 893 7812 bus_email: joe.murphy@ps.net why: I have experience in many aspect of business,community service and healthcare. I am very interested in the future of Wylie and surrounding area. I feel that by bring my vast experience to one of your boards I could help the city and its citizens to continue the progress that is already in action. it rd ( (on1rnsçrnn Applkation Spring 2(0 Please return your completed application to the City Secretary's Office at z000 Highway 78 North,Wylie,Texas isog8. • Name: JDe, CAen I� Please indicate your first, second and third preference Construction Code Board 3 Planning & Zoning Board Library Board % Wylie Economic Development Corporation Board Parks & Recreation Board 2- Zoning Board of Adjustments ® Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Home Address: 14 VI a`t,a'i( Y E. ctd1S1 C41z� 442-41/5 Fax: 012-)'(ci1- 1s`111 E-mail: toe_ •crwr CLIOorc.-cl �R- Telephone: Joe.. cerr- I have been a Wylie Resident for C years Registered voter? ® Yes 0 No Occupational Information _- Business Owner? 0 Yes R No Occupation: 5ei i 0 r SLk.(+ { Business Name: OR C. VJ6rl L4JI Business Address; �� Telephone: (C( 2)iO2-g039 Fax: (..a-1..Z)Qq\-loJ►llE-mail: 3-11t... c:..rt,L.n'1iAl aQ 0tr-c.-&.,114,: c.a..- Have you ever or do you currently serve on any city boards? 0 Yes Q No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) 'l Yes [] No Please indicate briefly why you would like to be appointed to a Board or Commission: ?AA. .4,10NA-#10- 01-11°41-1:2".APQ-A45- ly 4.0..m.. , - ic4x43.A . '',.i Am., etetat 1.0.4.4, vtAlu_4 .ti . _ I am aware of the meeting dates and times of the'board/commission I have applied and if appointed, I agree to serve on the Board/Commission which. I have applied, or would consider an alternate appointment to a second or third service preference. to_ Z- o3 QiidfiL.P4 Signature Date FOR OFFICE USE ON Y Date App Rec ' d 0 . �L� I' PP ) New Applicant?El Yes DNo If no, applicant previously served on Board . Via: ❑website' mail Din person Oreferral One A paper Attended Applicant's Reception? ❑Yes ONo (dates) i Applicant Interview Scheduled: wigs made to _ Term Expires 0 Statement&Oath Completed No appointment made at this time, retain application for one year. Ir rd (c (oiiinKmnApplicationiffa Spnag wo3 Please returnyour completed application to the(itySecretary's Office at moo Highway 8 North,Wylie,Texas o 8. P PP Y S Y 1 Y 15 9 Name: Please indicate your first, second and third preference 7i Construction Code Board 3 Planning & Zoning Board Library Board Wylie Economic Development Corporation Board / Parks & Recreation Board Zoning Board of Adjustments E Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Home Address: 7O( Jae, &Yaa0 a . Telephone: f,Z --c442—//S Fax: E-mail: I have been a Wylie Resident for years Registered voter? Yes ❑ No Occupational Information Business Owner? Yes cz No Occupation: /!i l// /,cis Business Name: l)9/CM- , Business Address: oe2o Op di it)Pr-)4ill, 402 • //19 Telephone: 972 ffvsZzov Fax: E-mail: Have you ever or do you currently serve on any city boards? Yes to If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) ❑ Yes No Please indicate briefly why you would like to be appointed to a Board or Commission: Lei. 04- frrx—ice , €* - C F// am- "et), te% )LQ /p, d-/ OcG..s /Aie 55�_S 747 A)OV id)4 • I am aware of the meeting dates and times of the board/commission I have applied and if appointed, I agree to serve on the Board/Commission which I have applied, or uld consider an alternate appointment to a second or third service preference. Signature Date FOR OFFICE USE ON Y 3 Date App Rec'd 1 New Applicant? Yes ❑No If no, applicant previously served on Board Via: Owebsite Omail Din person ❑referral ❑newspaper Attended Applicant's Reception? ❑Yes ❑No (dates) Applicant Interview Scheduled: Ap/ointment made to Term Expires ❑ Statement&Oath Completed 6j/ No appointment made at this time, retain application for one year. / I " rd (4 (ommismnAppkata Spring .o_7 Please return your completed application to the(ity Secretary's Office at z000 Highway 78 North,Wylie,Texas 7sog8. . Name: AL N ;��., ) AvTr4 iE - Please indicate your first, second and third preference 3 '°Construction Code Board 2,• Planning & Zoning Board'-' Library Board Wylie Economic Development Corporation Board = Parks &=Recreation Board ( Zoning Board of Adjustments ' `® Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Home Address: 4l0 '-' vgckSo,.N pure • fie,.. '"tom Z1'O9 ' Telephone: g72- 42q-7o0-1 Fax: Z 4.1g-7Da-7 E-mail: l i�.Qa-r 3._v�c c Zy -P E7' I have been a Wylie Resident for 4- years Registered voter? [g Yes 0 No Occupational Information Business Owner? 1aYes D No Occupation: 1.2,,1s_ gaz..p,,,� 1CoNs'Tik..vc=.r.'„, Business Name: &..iit;uic.A. Il.A+k SI:.rJs it*Meella.A.L5 Business Address: 4( 0°' C_C12.‹.)‹. ,..1 A. • �,L.ia T . —1Srxg Telephone: e 7LJ g to -'45-1 b Fax: `ha- 42`r-7oi E-mail: AL•P*-r AvTb11rx®n.)+crt4Eiw •t r Have you ever or do you currently serve on any city boards? ❑ Yes 10 No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) ❑ Yes X No Please indicate briefly why you would like to be appointed to a Board or Commission: I' t k s c`rc n y e s c LA A r a,►! la �,. 'r r 1. --Pre s t, c��'r 7 Utc4r. 'Tu. Ci'j 1 teo...r S o..A IC • i14:.os . , 0 tot -+-F,Nak -41. -TVA K - ,M a• . I am aware of the meeting dates and times of the board/commission I have applied and if appointed, I agree to serve on the Board/Commission which I have applied, or would consider an alternate appointment to a second or third service preference. Signature Date YFOROFFICE USE ON Y Date,App Recd , New Applicant. Yes ONo If no, applicant previously served on Board M a clwelbsite Omar Y Din person arefertar Dnewspapet Attended Applicant's Reception? OYes 17No (dates) Applicant Interview;Scheduled '.*r . '°.• ' ADOointrrient made to Term Expires 0 . Statement&Oath Completed a e Nyo� _ appointment �made at this time, retain application for one year. -AA, • .. . ...______ _. ► 1 " rd comma i 1 ' 1 um ipflNg zoo3 Please return your completed p application to the(ity Secretary's Office at z000 Highway 78 North,Wylie,Texas Tsog8. Name: C \q n Sin--W1 Please indicate your first, second and third preference Construction Code Board 02 Library Board Planning & Zoning Board Wylie Economic Development Corporation Board Parks & Recreation Board 3 Zoning Board of Adjustments n Yes, I would be interested in serving on subcommittees that may be formed. 'ersonal Information ome Address: LQoS-3- --buS\neSS 41A- .4-g / / V TR ,143 2lephone: ClIa- �-- I Fax: CRO--y -� 1D E-mail: --t-ilnWOc c pS e act .curh have been a Wylie Resident for years Registered voter? Yes ❑ No ►ccupational Information Jsiness Owner? (Yes ❑ No :cupation: T IA)Mb.1 8 `C isiness Name: Yna-ov .VC -PWY‘Voic =1,17(v_ isiness Address: CQM i) ` .4.-63 -A'�- L03O WL le hone: Q l' ' Ill q// l /1��j� p }a a-94o3 Fax: ic3-"y`tct- 1'/OL E-mail: -kinQVCtf iVe ��' a2 l C ve you ever or do you currently serve on any city boards? ❑ Yes 2/No so, what board/city and dates? you involved in any community activities? (Civic or Hobbies) Yes ❑ No ase indicate briefly why you would like to be ap pointed to a Board or Commission: Q. co Lack ko a oet4 4& mil • � 4��n a f the mee g dates d times of the serve on the Board/Commission which I have applied, or would conside I have r anpi alternate ed and if pointed, I agree and or third service preference. appointment to a Signature Date 3R OFFICE USE OILY to App Rec'd New Applicant? i ONo If no, 1: Owebsite ail ❑i erpon greferral On ws a er @pplicant previously served on Board plicant Interview Scheduled: t p Attended Applicant's Reception? ❑Yes ❑No (dates) Term Expires Statement& Oath Completed A ointment made to No appointment made at this time, retain application for one yearZt 7 // W Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Thursday, May 29, 2003 1:54 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: John nuss Date_of_application: 5/29/03 first_board: Parks and Recreation Board second_board: Planning and Zoning Commission third_board: Construction Code Board subcommittees: Yes home_addy: 319 lake texoma dr. home_phone: 972-429-8730 home_fax: home_email: john.nuss@wylieisd.net resident_years: 1 how_contact: Home Phone reg_voter: Yes bus_owner: No bus_name: occupation: teacher - burnett junior high school bus_addy: bus_phone: bus_fax: bus_email: why: i feel that i have a lot of ideas. i am also a good motivator. i work well with all people, and am interested in improving the community to make it a first class city. 7Lzkoi Id 8; ( IIuissionApprKathn Spnng z03 Please returnyour completed application to the(itySecretary's Office at z000 Highway 8 North,Wylie,Texas o 8. P PP Yg Y 1 Y 75 9 Name: L (.rc� ciA.a✓ , L $Je'-- Please indicate your first, second and third preference Construction Code Board g2 Planning & Zoning Board Library Board 3 Wylie Economic Development Corporation Board J Parks & Recreation Board Zoning Board of Adjustments Os Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Home Address: 326 44iec, Y e,tor5 r & W Ylic 1 1 V. 74' ci 8 Telephone: 64 4/ilz —g024 3 Fax: E-mail: I have been a Wylie Resident for -L 3 Registered voter? f es u No Occupational Information Business Owner? 0 Yes ►o Occupation: P105. T'c.-4. Business Name: 7/41 fra,v✓Z .yam J�i,. 'cr.40 Business Address: 600 45ti . la 041441/ /? Telephone: (464) 694-234( Fax: E-mail: Have you ever or do you currently serve on any city boards? ❑ Yes E1 o If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) El Yes 12/No Please indicate briefly why you would like to be appointed to a Board or Commission: 1 U ).eG✓Az 4"lov,c� a,$614 4442_ Co k;Al LI 0 c C..)y I 4t. Q b L a. oc Ke q,"0, , a Ad iAo pecte111 v akt. 4ot iotI e - pl4i z- cio l I am aware of the meeting dates and till.- of the board/commission I have applied and if appointed, I agree to serve on the Board/Commission , av .pplied, or would consider an alternate appointment to a second or third service preferenc- - (''(--eArzi4 /41" - 25-03 Signature Date FOR OFFICE USE LY Date App Rec'd New Applicant? ❑Yes ONo If no, applicant previously served on Board Via: : ❑website ail Din Qpe�� nQ❑/ref real Ospaper; Attended Applicant's Reception? ❑Yes ❑No (dates) Applicant Interview Scheduled: V +h ' A ointment made to Term Expires 0 Statement&Oath Completed No appointment made at this time, retain application for one year • Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Friday, May 09, 2003 8:14 AM To: citysec@a.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Michael Shawn Moore Date_of_application: 05/09/2003 first_board: Wyle Economic Develoment Corp. Board second_board: Parks and Recreation Board third_board: Planning and Zoning Commission subcommittees: Yes home_addy: 1302 Lonesome Dove Trail home_phone: 972-429-1425 home_fax: home_email: mmoore@dcschools.com resident_years: 2 how_contact: Home Phone req_voter: Yes bus_owner: No bus_name: occupation: Route Coordinator - Systems/Data Analyst bus_addy: 612 North Zang bus_phone: 214-944-4542 bus_fax: 214-944-4564 bus_email: mmoore@dcschools.com why: I desire to see changes take place in Wylie that will help the community to grow in a positive direction. I hope to one day be on the city council and figure that the best way to learn more about the community is to serve it. I feel that my leadership skills and utilitarian character would benefit any of the 3 Boards I have selected. 42_ 7pm f2Lita , pot Yai lualrA-w\ off IT-. -nu/3 • Board & Commission App Spring 2003 Please return your completed application to the City Secretary's Office at 2000 Highway 18 North,Wylie,Texas 15098. Name: /Qo L.y S041 Please indicate your first, second and third preference below. Construction Code Board 3 Planning&Zoning Board d Library Board _Wylie Economic Development Corporation Board / Parks&Recreation Board _Zoning Board of Adjustments ❑ Yes, I would be interested in serving on subcommittees that may be formed. Personal Information /+ Occupational Information Home Address: /s'a`I COI/ /fee T Lq 9 42 Business Owner? �7 J❑Yes JNlo Telephone:J97.2" ib9-903' Fax: / Business Name: /eICif/041 r� ✓- - ` E-mail: l'/t g1D & e c e c d. e ems[v Occupation: /955,ci D.e. e" P PsJ/On e / I have been a Wylie Resident for 5-//: years Business Address: /42800 '44r'4'+s LI 14/45, TY "75..24,3 Registered voter? pYes ❑No Telephone:g97')3g'6"9Fax:'71 -.238-'f;aoo Have you ever or do you currently serve on any city boards? Yes o If so, what board/city and dates? Are you involved in any community activities? (CivicQ or�j/Lobbbiees) / / No / peel PTA; Wy5A3 $e,ufi' j /C7Gry/4',7 `/�,t ,;/'fs; 47•►„YII��y_ a✓,f�^r7 AAG4 Igor, 4.0 //ej< . to.,44./ {ue hi.:, .rv,/ LQ:.,...1 Please indicate briefly why you would like to be appointed to a Board or Commission: 114'v,ec3 ycdwn cy i n 14.. lady li`e c,rrf (Pei.ie'I) I ep.7 ..e+cetVP„, a iv git r4 /e g'',1/ 'toad 7' //4 Poe c;6 ,s y.e oclo.tri:rKc.ry', L W4h 0 � y I 513e• .., up if r, s o, 5t11/S 1.0 cAde; -." -o -it c/71/5 dT 4,4t V.* .0+7 gu/'c 7• I, e, /tve. ✓ter 75 /h R/'4t (-- aezom eddei6 0'4,, ege T'nu�o ..y90.c1s io y I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointme o a second or third service preference. a7, Z._9 T-7-0.5 Signature Date FOR OFFICE USE ONLY DateeA lication Received 5-9 -03 New Applicant? Yes❑No If no,applicant previously served on Board Via:@ vebsite Omail Din person eferral❑newspaper Atte ded Applicant's Reception?❑Yes❑No (dates) Applicant Interview Scheduled: T rn Ap ointment made to Term Expires r„ ❑Statement&Oath Completed iii o appointment made at this time,retain application for one year. t,�p `Ya.-7 °J./1414111r\ °z 0. tt4 Aimee Nemer From: webserver@d.wylie.tx.us Sent: Friday, May 09, 2003 6:25 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Kathy Spillyards Date_of_application: 5/9/03 first_board: Planning and Zoning Commission second_board: Wyle Economic Develoment Corp. Board third_board: Zoning Board of Adjustment subcommittees: No home_addy: 301 N.Jackson Ave. home_phone: 972-442-0228 home_fax: 972-429-0697 home_email: kathyspillyards@earthlink.net resident_years: 16 how_contact: Business Phone req_voter: Yes bus_owner: Yes bus_name: Kathy Spillyards Real Estate Team occupation: Realtor bus_addy: 1502 W. Kirby bus_phone: 972-442-7653 bus_fax: 972-429-0697 bus_email: kathyspillyards@earthlink.net why: I enjoy both living and working in Wylie and would like to give my time in service to my community. I can bring my business experience and insight to a position on a board or commission. 710 a. - nOt�- , Ofp. Cola 17;(10 ,,,,). Am) Board 8 Commission App Spring 2.003 Please return your completed application to the City Secretary's Office at moo Highway 78 Horth,Wylie,Texas 75o98. Name: Cp>Crrrc. 4:)1( Please indicate your first, second and third preference below. (/ Construction Code Board /Planning&Zoning Board Library Board Wylie Economic Development Corporation Board Parks&Recreation Board //Zoning Board of Adjustments ❑ Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: 1 0 2 ( Ca f t e eepe, if Business Owner? ❑Yes 0 No Telephone: q 7 .2 !/Q 9 9z.y.Fax: Business Name: E-mail: `Occupation: I have been a Wylie Resident for years Business Address: Registered voter? 0 Yes 0 No Telephone: Fax: Have you ever or do you currently serve on any city boards? 0 Yes 0 No If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) El'Yes 0 No Fe ilo c,Jcfa-P7- AA0s6n5 Please indicate briefly why you would like to be appointed to a Board or Commission: -10 be nei or-e. i (\va t oeA t�*- +he C;-(-‘i . We^hecil for e C.-{-%i -cor- 30 y rs •G 4,k1 of flae toofa.t r.4'he vicx4tersise..wot-e. c Ae f 0./.4- mein.. I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or would consider an alternate appointment to a second or third service preference. gnature Date FOR OFFICE USE ONLY . Date A licatio t.Recce New Applicant?'aYes o If no,a lieant reviousl served on Board PPPP P y Via:Owebsite Omail m person fermi Dnewspa r Att dent Applicant'sReception?'DYes DNo .(dates) Applicant Interview Scheel:Wed intrnent made to Term Expires DStatement&Oath Completed a appointment made at this tune,retain application for one year::: . C/ mo.J..4.•:;,:brappluitir7\12„...) Boards & Cotntniion AppIicfion Spring 2002 Please return to the City Secretary's Off:ee 2000 Highway 78 North, Wylie,Texas 7509.8 Name: -: :VIL-1 0 12A a, . _/a loc. rli Please indicate your first,second and third preference below. = - -.:::?-2:1„7:-7,___-:.::--::0 Planning and Zoning Commission Construction Code Board a: .. Zoning Board of Adjustment Parks&RecreationBoard - - _ Economic Development Co ration Board Library Board -- WylieCorporation _- _Ambulance Advisory Board - - es, I would be interested rn serving on Subcommittees that may be forme Personal Information _ Occupational Information Home Address: 60.ry (, 0-- J Business Owner? 0 Yes Ad—No Telephone: ci -7 a- LI LI a y a 0'S Business Name: Fax. — E-mail: Occupation: I have been a Wylie Resident for 3 years Business Address: iffr 74-- Registered voter? flies 0 No Telephone: Fax: E-mail: Please indicate briefly why you would like to be appointed to a Board or Commission: 1t oe I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Roardi onunixsiaffi which h e ap lie4 o woe co ' er an alternate appointment to a second or third service preference . (1 /1/7 4,7)* w*1 ilip ) 63- Si azure D n e7 FOR OFFICE USE ONLY ' Date Application Ry eived i a i- 0 New Applicant? ( es ❑No If no,previously served on the Board/Commission V❑ /attended Applicant's Reception �j Year(s) Applicant Interview scheduled: ( I��oi� 0 Appointment made to: Term Expires: . o Statement&Oath Complete E RI No Appointment made at this time. Retain application until May 2003. 5 03 rti...flartia7rt-i(ee.2.-7 J rp(\autriou".466,(A.ppo,1/49:46., new.) Board 8 Commission Application Spring 2003 Please return your completed application to the Gty Secretary's Office at torn Highway 78 North,Wylie,Texas 7Sog8. Name: Christopher Pierce Please indicate your first, second and third preference below. Construction Code Board t Planning&Zoning Board Library Board Wylie Economic Development Corporation Board 3 Parks&Recreation Board 2 Zoning Board of Adjustments 0 0 Yes,I would be interested in serving on subcommittees that may be formed. Personal Information Occupational Information Home Address: 1207 Leeward Lane,Wylie,TX 75098 Business Owner? 0 Yes IlieNo 972-442-9332 N Lee Engineering,LLC Telephone: Fax: Business Name: E-mail: c_s_pierce@msn.com/cpierce@lee-eng.com Occupation: Engineering Designer I have been a Wylie Resident for 4 years Business Address: 17440 Dallas Pkwy,Dallas,TX 75287 Registered voter? fil Yes 0 No Telephone: 972-248-3006 Fax: 972-248-3855 Have you ever or do you currently serve on any city boards? Yes 45 If so, what board/city and dates? Are you involved in any community activities? (Civic or Hobbies) 0 421 Cot..-w CAv,a?Y A+r1 C ..08 Please indicate briefly why you would like to be appointed to a Board or Commission: I would like to be appointed to the Planning&Zoning Board in order to help the City develop a strategy to grow both residentially and commercially. In order for this to occur,I believe the City's Comprehensive Plan needs to be reviewed on a regular basis to ensure we as a city are not straying from our plans. My experience in the field of traffic engineering would provide a different insight into the meshing of residential and commercial areas that may not have been available to the City in the past. I am aware of the meeting dates and times of the board/commission I have applied and if appointed,I agree to serve on the Board/Commission which I have applied,or wo ld consider a alternate pointment to a second or third service preference. ` . 5.2-63 ignature Date FOR OFFICE USE ONLY p� Date Application ceived J 3-03 New Applicant? es❑N If no,applicant previously served on Board Via:IDwebsite '1 Din person 4reff ❑newspap r Atten ed Applicant's Reception?❑Yes❑No (dates) Applicant Interview Scheduled: Cof.L, Cl.wp NI App intment made to Term Expires ❑Statement&Oath Completed o appointment made at this time,retain application for one year. Cp/0 tt / ? c -r Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Wednesday, May 14, 2003 6:59 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Keven Sticher Date_of_application: 05/14/03 first_board: Parks and Recreation Board second_board: Wyle Economic Develoment Corp. Board third_board: Planning and Zoning Commission subcommittees: Yes home_addy: 209 Lochwood home_phone: 214-474-4747 home_fax: home_email: ksticher@yahoo.com resident_years: 3 how_contact: Home Phone reg_voter: Yes bus_owner: No bus_name: occupation: Project Manager bus_addy: 1100 Jupiter bus_phone: 972-578-5798 x 211 bus_fax: 973-396-1206 bus_email: ksticher@datatec.com why: I would like to get more involved with the community. 86.074)..(n , cfnlytic,t LimtaitAhu,..). - pa, prth Lib 7‘lzo.) rill 8 (ommsion ANAication spring Please returnyour completed application to the(itySecretary's Office at zoo Highway 8 north,Wylie,Texas o 8. P PP rY S Y 1 Y 1S 9 Name: ( ' a ) 2 Please indicate your first, second and third preference Construction Code Board 3 Planning & Zoning Board Library Board / Wylie Economic Development Corporation Board a2 Parks & Recreation Board Zoning Board of Adjustments [ZJ Yes, I would be interested in serving on subcommittees that may be formed. Personal Information Home Address: /// 29_�� 7_ 8 y 9r- -�.79-/o os J Telephone: CE�.G 9-95/-�35 9 Fax: Z2�,?9-0806 •E-mail: G'.9 .�BO�L�I�' �VE�"zZA�/,t/�- I have been a Wylie Resident for /e years Registered voter? [/Yes ❑ No Occupational Information Business Owner? El Yes [l 'No Occupation: Za/ Business Name: 7. 2,t ar 2-ue Business Address: 4loCL7,Qite "K�', �/-TO>239, )4snve>, T 7 07'Se Telephone: 1'69-9.5/-'1" Fax: 9g?-.29 6806. E-mail: C9 ,VOD_rrel/0IUf1 ZON,/CT Have you ever or do you currently serve on any city boards? I=1 Yes [ 'No If so, what board/city and dates? Are you involved in an mmunity activ'tie ? (Civic or Hobbi Yes 0 No Pleas indicate briefly why you would like to be ap o ed to a Board or Commission: f;j "__.,,e 71/a_74...e.4. . i•i 7.7/ 7er-ale22--- ,--t7 / -)•••• I am aware of the meeting dates and times of the board/commission I have applied and if appointed, I agree to serve on the Board/Commission which I plied, or would consider an alternate appointment to a second or third service preference. .5"/2 7/Z 2 3 i na Date w • ''•F''''CE iiSE•Nt $ � k` { ,r ' 1 �x -74p Cd e ••llca t?D es •No If na,,applicant previously served on Board ,-,,,,*„ ! ite . - ail ® • ■ eras one spaper' 1a Attended Applicants Reception?OYes ONo (dates) ' ,; ,gam ' .•p , er; ie, ch I te% L e+!� r Ap••intment made o a, '.?Term Expires ] to n `&Oa om eie � h :K No appointment made at this time, retain application for one year. ... CLeiarl / ` Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Tuesday, May 27, 2003 8:31 PM To: citysec c©ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Bennett Wayne Simmons Date_of_application: May 27. 2003 first_board: Parks and Recreation Board second_board: Planning and Zoning Commission third_board: Zoning Board of Adjustment subcommittees: Yes home_addy: 700 MISS ELLIE CR. home_phone: 972-429-1420 home_fax: home_email: bennettway@aol.com resident_years: 7 how_contact: Home Phone req_voter: Yes bus_owner: No bus_name: occupation: Service Team Leader/Ben E. Keith Beers Dallas, TX bus_addy: 1805 Record Crossing Dallas, Tx 75235 bus_phone: 214-634-1501 ext#456 or 214-878-7027 bus_fax: bus_email: why: I would like to sit at a park with my kids or grand kids and be able to tell them that I helped make the playground, ball-field, that they are playing-on possible. Or, I can tell the kids that I can remember when it was nothing but a empty lot with nothing on it. 7lA oft, - �i.� `..c • /L . Q P `1/c J 01, 0 Board & Commission Application i u4A." Please returnyour completed application to 1( ` ' Spring 2003 P PP the City Secretary's Office at 2000 Highway 78 North,Wylie,Texas 75098. ", . . w Milt\. Name, -N: �i LacO\-jn ri+(1P �CO`cl.�ecs ® y a Q Please indicate your first, second and third preference below. P. 21'� s • ri, Construction Code Board . . Planning&Zoning Board y g glii Library Board 3 Wylie Economic Development Corporation Board '< NI I Parks&Recreation Board Zoning Board of Adjustments 4z 0.4 o y Yes, I would be interested in serving on subcommittees that may be formed. < m Niro c 'a Personal Information ° W i J G 7 w rft Home Address: P O I al aQk_1 meQfiC ) W' to m No 0, Telephone:S .(4a4--1-1 Fax:'DIG- -C1C314 ic o. X O A" E-mail: Cf,ac nlL \i Q aov.- Goon I have been a Wylie Resident for 1 'IQ years Registered voter? X Yes ❑No Occupational Information Business Owner? • 0 Yes a No ' Y�O� Business Name:� Q . Occupation: ..t�1�Q s 4 .o�-do Q� • Business Address: I-u mAN.;4- Ave n i; a Telephone: q o3 -C SdFax: .(o3 -0JNS..1 Have you ever or do you currently serve on any city boards? 0 Yes Cgr No If so, what board/city and dates? 741 A- Are you involved in any community activities? (Civic pr Hobbies) Yes ❑ No -rParc 11-Nlyc1 5nc cc.c * cc ( 5Ac► kc'c, Please indicate briefly why yo would like to be a pointed tor#Bard or Co ssion: 1_•\s /tri_Ao cNI .Ter\ti skitS108, ., -V-C1-.t ptce O-k:: 0(1 sr_{. . o� c n Cf w (.:1 cc,-f2 P I cam Vock\:-7;Q c u-� 1ikA' hoc 0> carc"1i DD •.Sbs,CNN- \c\ 4%MO O. zt c� 0 c\GOOoRcc 4) 1CtL. 2 Q/\ `49Sk 7\\,.\g. r1L` NI Soc \jC.Lc coc 5;(i 2icty;oc.' I am aware of the meeting.caws and times of the board/commission I have applied and if appointed, I agree to serve on the Board/Commission which I have applied, or would con- er an al ate ointment t second or third service prefer ncce. _That_. 1 M pr k..: Ii_1...L "All'3-1:1 . Signature Date ;ram'-' ALlt) Aimee Nemer From: webserver@ci.wylie.tx.us Sent: Tuesday, May 20, 2003 8:02 AM To: citysec©ci.wylie.tx.us Subject: Boards and Commissions Application ******************************************************************************* name: Michael J. Wietecha Date_of_application: May, 20, 2003 first_board: Parks and Recreation Board second_board: Planning and Zoning Commission third_board: Planning and Zoning Commission subcommittees: Yes home_addy: 303 South Foxwood Ln home_phone: 972-429-9552 home_fax: 972-429-9785 home_email: mike.wietecha@fnc.fujitsu.com resident_years: 5 how_contact: Business Email reg_voter: No bus_owner: No bus_name: occupation: Sr. Mgr, Technical Services bus_addy: 2801 Telecom Pkwy, Richardson bus_phone: 972-479-7669 bus_fax: 972-479-2901 bus_email: mike.wietecha@fnc.fuiitsu.com why: I would like to be appointed to the Parks and Recreation Board. With my background working with swimming pools, YMCA day camps and swimming coach, I belive that I can contribute a great deal. I also have a 13 year old daughter that would benefit from the local parks and activities. .- af2p. . .29 JLtU — (°1)...1 q.•9Op 71/Z,V3 Aimee Nemer From: cehrlich[cehrlich@ci.wylie.bc.us] Sent: Friday, May 23, 2003 9:41 AM To: 'Aimee Nemer Subject: FW: Boards and Commissions Application Original Message From: webserver@ci.wylie.tx.us [mailto:webserver@ci.wylie.tx.us] Sent: Thursday, May 22, 2003 6:44 PM To: citysec@ci.wylie.tx.us Subject: Boards and Commissions Application ************************************************************************ ******* name: Wm.Troy Cunningham Date_of_application: 05/22/2003 first_board: Planning and Zoning Commission second_board: Wyle Economic Develoment Corp. Board third_board: Parks and Recreation Board subcommittees: Yes home_addy: 302 N. Ballard, Wylie, Tx. 75098 home_phone: 972-442-5311 home_fax: 972-442-6571 home_email: troy.w.cunningham@ipmchase.com resident_years: 4 how_contact: Home Phone reg_voter: Yes bus_owner: No bus_name: occupation: Mortgage loan officer bus_addy: 12750 Merit Dr. Dallas, Tx 75251 bus_phone: 469-363-1672 bus_fax: 972-442-5311 bus_email: troy.w.cunningham@ipmchase.com why: As a homeowner in Wylie(downtown)I am excited and concerned with all the growth. I believe that I can bring positive ideas and recomendations as my family and I have made a committment to Wylie. 7J (1 D /V (D:ocpm WYLIE CITY COUNCIL AGENDA ITEM NO. 2 October 28, 2003 Issue Consider and act upon Resolution #2003-17 casting ballots for the Board of Directors for the Central Appraisal District of Collin County, Texas. Background The City of Wylie has 30 votes that they may cast for the Board of Directors of the Central Appraisal District for 2003 through 2005. 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 Coffin County. The vote must be submitted to the Chief Appraiser before December 15, 2003. 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#2003-17 (R) Ballot Nominations List • epared by evie b Finance City Mangy royal RESOLUTION NO. 2003-17 (R) 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 December 15, 2003, 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 their 30 votes for: Michael Ashby Joe Bicik Ronald Carlisle Michael Carr George G. Crump Dr. Leo Fitzgerald Olin Jaye Wane Mayo Gary Rodenbaugh Roy Wilshire 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 28TH DAY OF OCTOBER, 2003. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary fir A a p1 Collin Central Appraisal District OFFICIAL BALLOT ISSUED TO: City of Wylie NUMBER OF VOTES: 30 FOR: BOARD OF DIRECTORS, CENTRAL APPRAISAL DISTRICT OF COLLIN COUNTY. MICHAEL ASHBY VOTES JOE BICIK VOTES RONALD CARLISLE VOTES MICHAEL CARR VOTES GEORGE G. CRUMP VOTES DR. LEO FITZGERALD VOTES OLIN JAYE VOTES WAYNE MAYO VOTES GARY RODENBAUGH VOTES ROY WILSHIRE VOTES b COCTOBER 16 2003 �GL ,00' ,,,,,. Ji ie 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, Piano, Texas 75074-5911, before December 15, 2003. www.collincad.org 2404 K Avenue Metro 972-578-5200 Admin Fax 972-578-0733 Plano, Texas 75074-5911 McKinney 972-562-1404 Appraisal Fax 972-578-0933 2004-2006 CENTRAL APPRAISAL DISTRICT BOARD OF DIRECTOR'S NOMINATIONS MICHAEL ASHBY Nominated by the City of Murphy. JOE BICIK Nominated by the City of Murphy. MICHAEL CARR Nominated by the City of McKinney. RONALD CARLISLE Is a current board member and has served since 1/94. Nominated by the City of Frisco, 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 McKinney ISD. WAYNE MAYO Is a current board member and has served since 1/98. Nominated by the City of Richardson and McKinney 1SD. 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. ROY WILSHIRE Nominated by the City of Plano. WYLIE CITY COUNCIL AGENDA ITEM NO. 3 October 28, 2003 Issue Consider and act upon authorizing the Mayor to execute a request from the North Texas Municipal Water District (NTMWD) for the purchase of additional equipment in the amount of$19,000 for the existing wastewater treatment plant. Background The new Muddy Creek Wastewater Treatment Plant is under construction and is scheduled to be completed in January 2005. The existing City of Wylie WWTP is operating at flows exceeding the plant's design capacity due to the rapid growth of Wylie and Murphy. Due to the age of the plant, some of the equipment has reached its useful life and is in need of replacement. The proposal includes the replacement of the bull gear for the final clarifier at a cost of$19,000. Financial Considerations The purchase of the bull gear was not included in the NTMWD 2003-04 Annual Budget. However, there is currently approximately$13,000 from a previous Construction Fund, and approximately $5,000 in Escrow Funds that can be use to fund the majority of this purchase, with remaining cost, if any, being charged to the budget. Other Considerations N/A Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of the purchase agreement Attachments Letter from NTMWD CiAM AU. Prepared by Revi d by Finance City M Approval NORTH TEXAS MUNICIPAL WATER DISTRICT Regional Service Through Unity October 14, 2003 Mr. Anthony hnson City Mana r City of W lie 2000 N wy 78 Wyli ,Texas 75098 RE- WYLIE WASTEWATER TREATMENT PLANT Dear Mr. son: On S tember 9, 2003, Ken Wesson, NTMWD's Wastewater Systems Manager, met with Chris Hoisted, Mindy Manson, and Michael Sferra with the City of Wylie (City) to discuss several issues related to the Wylie Wastewater Treatment Plant. The purpose of this letter is to summarize the issues that were discussed during that meeting. NTMWD also seeks authorization to proceed with actions recommended by NTMWD described below. OPERATION OF EXISTING WYLIE WWTP The existing Wylie Wastewater Treatment Plant has a capacity of 2 mgd. Due to growth in the City, planning for construction of the Muddy Creek WWTP, which will provide additional wastewater treatment capacity for the cities of Wylie and Murphy, began in the late 1990's. As you will recall, the plans and specifications for the Muddy Creek WWTP were complete and the bidding process begun in December 2001. Due to opposition to the permit, the bidding process was suspended, and an ensuing delay of approximately 16 months occurred before the NTMWD received a permit for the new plant in April 2003. Due to this delay and the rapid growth in the cities of Wylie and Murphy, the Wylie WWTP is currently operating at flows exceeding 175% of the existing plant's design capacity. With housing starts continuing in the City while the Muddy Creek WWTP is under construction (the construction contract allows 18-20 months for completion of the work), flows to the existing plant will continue to increase. During this time period prior to startup of the Muddy Creek plant,it is critical that all equipment in the existing plant be kept operable at all times. With this understanding, the NTMWD has evaluated the treatment process and the associated equipment in order to determine if a need exists for any potential equipment replacement or for purchase of any specific backup equipment. Following this evaluation, the NTMWD recommends purchase of a bull gear for the final clarifier, which is used to rotate the clarifier sludge scraper and scum collection system. The clarifier mechanism was installed in the late 1980's, and the gear has reached its useful life. It is recommended that the bull gear be purchased at this time. It is anticipated that the manufacture of this gear will take approximately 6 to 8 weeks. Once the gear is received, it 505 E.Brown St.,P.O.Box 2408,Wylie,Texas 75098-2408 Telephone:972/442-5405 Fax:972/442-5405 Mr. Anthony Johnson October 14, 2003 Page 2 of 3 will be installed by NTMWD labor forces. The cost of a new replacement bull gear is approximately $19,000. Current plans call for the continued operation of the existing Wylie WWTP once the Muddy Creek WWTP is placed into operation. With the continued growth in the City, it appears the existing plant will remain in operation until the Muddy Creek WWTP is expanded. With the continued operational need of the existing plant,the clarifier and the bull gear will provide benefit for several years. Funds for purchase of the bull gear are not included in the 2003-04 Annual Budget.However,there is currently approximately $13,000 from a previous Construction Fund, and approximately $5,000 in Escrow Funds that can be used to fund the majority of this purchase, with remaining costs, if any, being charged to the budget. SOLIDS REMOVAL PROCESS As part of daily plant operation, sludge is dewatered and removed from the plant site. Adequate dewatering is critical to the operation of the plant and critical to the plant's ability to meet effluent limits. Currently, sludge dewatering is accomplished by two different methods at the plant. Sludge is dewatered through use of the sludge drying beds, which were designed for a plant capacity of 2 mgd, and by use of a belt filter press. As flow to the plant has increased above and beyond 2 mgd, the use of the belt press has correspondingly increased. At the present and increasing future flow rates, it is becoming increasingly more difficult to effectively and efficiently remove solids from the plant, since the plant processes were designed to handle 2 mgd. In the process utilized at the Wylie WWTP,a digester is used for the purpose of removal of pathogens and the thickening of the sludge. Since the plant is operating at over 175% of its design capacity,the residence time of the sludge in the digester is significantly less than that designed for a 2 mgd plant. Treatment processes of this type are designed to produce a sludge stream with 4% - 6% solids. However, based on the current flows to the plant, the sludge stream being sent to the belt filter press or drying beds to be dewatered is significantly lower, at times less than 1%. In order to physically remove the solids from the process, NTMWD has had to increase operator time of this dewatering process. While this has resulted in increased solids removed from the plant, the overall efficiency of the dewatering operation continues to decrease due to the low solids concentrations being sent to the press. As part of the normal operation of the plant, the Operations Staff continually reviews different methods of optimizing the treatment process. These methods include such items as varying chemical application rates, modifying chemical application locations, and varying sludge wasting rates. With the plant operating at 175% of design capacity, the effectiveness of some of these methods may become limited. Therefore, the NTMWD has begun reviewing additional methods that are discussed below. ADDITIONAL CONSIDERATIONS The NTMWD is currently reviewing alternative methods to increase the efficiency and effectiveness of the dewatering operation. For example, we are currently evaluating information received from a manufacturer regarding chemical addition which would be used to reduce solids in the aeration basin. This solids reduction would reduce the demand on the dewatering operation, and help to improve the plant capability of meeting all permit effluent limits. The NTMWD is uncertain as to whether the Mr. Anthony Johnson October 14,2003 Page 3 of 3 chemical addition will produce the results as claimed by the manufacturer; however, we continue to research the data to determine the applicability of this chemical addition at the Wylie plant. The NTMWD is also reviewing the possibility of purchasing additional equipment which would be used in the dewatering process. A gravity belt thickener could be installed between the clarifier and the digester to increase the concentration of solids going to the digester. The NTMWD is reviewing the potential benefit of this equipment before developing a final recommendation on its purchase. Once NTMWD has completed our review of these various alternatives and the costs associated with each,NTMWD will present these alternatives to Wylie for further consideration. SUMMARY NTMWD wants to assure the City of Wylie that the District is committed to continue to operate the existing wastewater treatment plant as efficiently and effectively as possible. Due to the explosive growth in the area that the wastewater plant serves, it is currently operating at flows exceeding 175% of the plant's design capacity. The Muddy Creek WWTP will provide the much needed additional capacity once it is placed in service. However, since Muddy Creek WWTP is not scheduled to be placed in service for nearly a year and a half, NTMWD feels that additional measures are required at the existing plant. The NTMWD is requesting authorization to proceed with the purchase of the bull gear as reviewed above, at an approximate cost of$19,000. Funds are available for purchase of this gear as indicated above. If the City of Wylie concurs with NTMWD's recommendation and grants the requested authorization to proceed,please acknowledge by signing in the space provided below. If you have any questions, please contact Mr. Ken Wesson, Wastewater Systems Manager, or this office directly. Sincerely, 01\1\1 .Y\C( 0/ _(:L____----- 11111 ES M.PARKS ecutive Director NAME: TITLE: DATE: JMP:KW:vh / xc: Chris Holsted,City Engineer, City of Wylie Ken Wesson,Wastewater Systems Manager,NTMWD Marvin Fuller,NTMWD Director President Harry Tibbals,NTMWD Director