01-25-2000 (City Council) Agenda Packet NOTICE OF MEETING
Wylie City Council Agenda
Tuesday, January 25, 2000
7:00 p.m.
Wylie Municipal Complex-Council Chambers
2000 State Highway 78 North
Wylie,Texas 75098
Item No. Agenda Item Action Taken
Call to Order
Invocation
Pledge of Allegiance
Proclamations & Presentations
Presentation by BFI
Citizens Participation
Consent Agenda
All matters listed under the Consent Agenda are considered to be routine by the City Council and
will be enacted by one motion. There will not be separate discussion of these items. If discussion
is desired,that item will be removed from the consent agenda and will be considered separately.
A. Consider and act uopn approval of the Minutes from the Regular Meeting of January 11,
2000.
B. Consider and act upon approval of a Resolution Supporting the Dallas Bid 2012 Bid
Committee.
ITEMS FOR INDIVIDUAL CONSIDERATION
Contracts.Bids &Agreements
1. Consider and act upon approval of a professional services contract for F. Mason and
Associates, a library consulting firm,not to exceed$18,000.
2. Consider and act upon the approval of a Supplemental Agreement between the City of
Wylie and Kansas City Southern Railway Company regarding clean up of un-permitted
landfill at former Service Center Site.
3. Consider and act upon the award of a contract for construction of a new animal shelter and
municipal warehouse facility.
Public Hearings-ZC99-10&99-14.
4. Hold a public hearing to Consider and Act Upon consider a request from Tipton
Engineering, Inc., for approval of a zone change from A (Agricultural) to PD (Planned
Development)for a master planned single family neighborhood for the property generally
located along the south side of McMillen road and east of the Southfork Mobil Home
Development and being all of a certain 50.7752 acre tract out of the John W. Mitchell
Survey,Abstract No. 589, City of Wylie,Collin County,Texas. ZC99-10
NOTICE OF MEETING
Pt'
Wylie City Council Agenda
Page of
Item No. Agenda Item Action Taken
5. Hold a public hearing to consider and act upon a request from Cascade Companies. L.L.C.,for
approval of a zone change from MF (Multi-Family); and B-1 (Business) to PD (Planned
Development)for a master planned single family neighborhood for the property generally located
along the east side of FM 1378 just north of the Newport Harbor Development and being all of a
certain 50.576 acre tract out of the James McUlmury Survey, Abstract No. 629, and the WM.
Burnett Survey,Abstract No. 56,City of Wylie,Collin County,Texas. ZC99-14
Preliminary Plat/Site Plan&Final Nat-Martinez Addition
6. Consider and Act Upon a Preliminary Plat/Site Plan for Phase III of the Martinez Addition,
proposed by Jackson & Associates Land Surveyors for the property generally located at the
southeast corner of SH 78 and Kirby between the Exxon station and Mardi Gras Lane,and being
all of a certain 2.6419 acre tract out of the E.C.Davidson Survey,Abstract No. 267,City of Wylie,
Collin County,Texas.
7. Consider and Act Upon a Final Plat for Phase III of the Martinez Addition,proposed by Jackson
&Associates Land Surveyors for the property generally located at the southeast corner of SH 78
and Kirby between the Exxon station and Mardi Gras Lane,and being all of a certain 2.6419 acre
tract out of the E.C.Davidson Survey,Abstract No.267,City of Wylie,Collin County,Texas.
Appointments
8. Appointment of Representatives to the Exploratory Committee for the Development of a
Recreation/Civic Center.
Final Payment
9. Consider and act upon approval of final payment to Randall & Blake, Inc. In the amount of
$33,320.35 for completion of Phase I of Founders Park. (Tabled Item-1/11/00)
Staff Reports
Work Session
♦ Presentation by Mr.Brady Snellgrove,Finance Director and Ms.Mignon Morse, Library
Director regarding Technology,Internet,and Fiber Optics.
Executive Session
In accordance with Chapter 551,Government Code,Vernon's Texas Codes Annotated(Open Meeting Law).
Section 551.SS.071 -Consultation with Attorney;pending or contemplated litigation,Bruner vs The City of
Wylie.
Reconvene into Open Meeting
Take any action as a result of Executive Session.
Adjournment.
In addition to 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. Specific sections of the Open Meetings Act will
be identified and announced should Council elect to convene into Executive Session.
I certify that this Notice of Meeting was posted on this the day of , 1999 at 5:00 p.m.as
required by law in accordance with Section 551.042 of the Texas Government Code and appropriate news media contacted.
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
TDD 972{442-8170.
MINUTES
Wylie City Council
Tuesday, January 11, 2000 - 7:00 p.m.
Wylie Municipal Complex-Council Chambers
2000 State Highway 78 North,Wylie Texas
Call to Order
Mayor Mondy called the City Council Meeting to order, Tuesday, January 11, 2000 at 7:00 p.m. with the
following Council members present: Joel Scott,Reta Allen,Jim Swartz,Merrill Young, J.C. Worley and Chris
Trout.
Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant City Manager; Brady
Snellgrove, Finance Director; Tobin Maples, Planning Director; Mike Sferra, Public Works Superintendent;
Police Chief Jeff Butters; Fire Chief Shan English; Sam Satterwhite, Director of Economic Development and
Barbara Salinas,City Secretary.
Invocation & Pledge of Allegiance
Councilman Scott was asked to give the Invocation and Councilman Trout was asked to lead the Pledge of
Allegiance.
Proclamations & Presentations
+ Proclamation in recognition of Ms. Shelby Laastad
Mayor John Mondy read the proclamation recognizing Shelby Laastad for her actions. Shelby,4 years of age,
acted quickly by going to her neighbors to get help for her father who had suffered a seizure.
+ Introduction&of Carlo the Wylie Police Department crime dog by K-9 Officer Brenda Martin.
Chief Butters introduced K-9 Officer Brenda Martin who in turn introduced Carlo the Police Dog to the Council.
She and Carlo gave a demonstration on Carlo's ability to conduct a successful drug search. The Council then
moved outdoors for a demonstration on his ability to chase and detain a suspect. Officer Walters, wearing
protective gear,volunteered to assist with the demonstration.
Citizens Participation
Mr. Bob Hogan,President of the Hogan Corporation provided an update of the Wylie Ranch Estates situation
that included a handout that outlined recommended improvements. Cost projections totaled $142,000 that
included excavation of two streets and channel,driveway and culvert replacement and seeding.
The Mayor directed Mr. Chris Holsted, City Engineer/Hogan Corporation to review with staff the details of the
recommendation.
Mr. Sam Satterwhite brought forward a request from Council to submit names in order to help form a committee
to explore the possibilities of a Civic Center. The Mayor stated that said recommendations would be made at the
next regular meeting.
Mr. Mike Collins introduced Mr. Mike Sferra,recently hired Public Works Superintendent to the Council.
Wylie City Council Minutes
January 11,2000
Page 1
Consent Agenda
A. Consider and act upon approval of the Minutes from the Special Called Meetings of December 7 and
December 18, 1999 and the Regular Meeting of December 14, 1999.
B. Consider and act upon approval of a Resolution of the City Council of the City of Wylie, Texas,
establishing a public newspaper of general circulation to be the official newspaper for the City of Wylie.
Councilman Scott asked that the following corrections be made to page 5,paragraph 1,of the December 14, 1999
minutes. The Minutes should reflect that Mayor Mondy voted in opposition to Item 4. The Minutes of December
18 Special Called Meeting should reflect that Councilman Young was present. With the following corrections,
Councilman Scott made a motion to approve the Consent Agenda Items A and B. Councilman Trout seconded
the motion. A vote was taken and the motion passed, 7-0.
ITEMS FOR INDIVIDUAL CONSIDERATION
1. Consider and act upon approval of an Alarm Ordinance,repealing Ordinance 90-6 and providing
for the regulation of Alarm Permits, False Alarm Notification, Direct Alarm Monitoring, and
Alarm System Installation.
Chief Butter addressed this item. Chief Butters provided a brief explanation of the necessity for the repeal of
Ordinance No.90-6,that would provided for the Direct Alarm Monitoring and clarification of False Alarms. The
proposed ordinance would also establish minimum standard for alarm systems that would allow accurate
monitoring by the Wylie Police Department. Chief Butters was then available for questions from Council.
There was some discussion on inspection costs and training. Chief Butters clarified that the proposed ordinance
would only be applicable to new systems,not existing. He further explained that in order for an existing system
to be monitored by the Wylie Police Department,it would have to be inspected and comply with the minimum
standards as set forth in the proposed ordinance. He advised that they would be notifying all current permit
holders with a mail out.
Councilman Trout made a motion to approve the Alarm Ordinance,repealing Ordinance 90-6 and providing for
the regulation of Alarm Permits, False Alarm Notification, Direct Alarm Monitoring, and Alarm System
Installation. Councilwoman Allen seconded the motion. A vote was taken and the motion passed, 7-0.
2. Consider and act upon approval of an Ordinance providing for an increase in the Water Hookup
Fee for new Single Family Residences amending Sections 1.10 and Section 1.11 of the
Consolidated Fee and Charges Ordinance No.98-16.
Mr. Brady Snellgrove addressed this item. Mr. Snellgrove provided Council with a brief history of this issue.
He stated that in order to fund the purchase of a new meter reading system, an increase in the Water Hookup Fee
was proposed. He stated that this fee would generate approximately$200,000 in revenues for 1,000 new homes.
Mr. Snellgrove stated in response to Council's inquires that the new meter reading equipment would be purchased
in February, with installation of demos. He added that the new charge will not be assessed until testing and
assessments are made. There was some concern by Councilman Worley as to why we are purchasing the
equipment now rather than wait until after the testing is complete.
Wylie City Council Minutes
January 11,2000
Page 2
Mr. Snellgrove and members of Council agreed that the use of the work "testing" could be causing some
confusion and that"training"was a more appropriate description of the process.
There was some discussion on the accuracy of the new meters versus the old that may result in a 5 to 20%
difference in cost. Mr. Snellgrove stated that we currently underbill 18%of water or$300,000 per year. With
regard to older or existing homes,Mr. Snellgrove stated that ideally they would eventually like to implement a
scheduled change out program based on every 10 years. He further explained that the new system would allow
more meter to be read quickly and accurately with the same number of existing personnel. He did clarify that the
estimated revenues would come from new homes only.
Councilman Young made a motion to approve the Ordinance providing for an increase in the Water Hookup Fee
for new Single Family Residences amending Sections 1.10 and Section 1.11 of the Consolidated Fee and Charges
Ordinance No. 98-16. Councilman Trout seconded the motion. A vote was taken and the motion passed, 6-1,
Councilman Worley voted in opposition.
3. Consider and act upon approval of final payment to Randall & Blake, Inc. in the amount of
$33,320.35 for completion of Phase I of Founders Park.
Ms. Mindy Manson addressed this item. Ms. Manson provided Council with a brief background of the issue.
Council had some concerns regarding Change Order No. 1, and asked specifically what this involved. Ms.
Manson explained that it was due to a road that the Wylie Independent School District extended further therefore
less road had to be built. Also,the WISD participated in the cost of one of the parking lots which will serve as
parking for the future football stadium. Ms. Manson also stated that the water line was done by city crews at a
tremendous savings.
Councilman Young expressed his concerns and briefly listed concerns on a punch list. He recommended that
another walk through be conducted to address specific concerns. Some concerns were regarding the sod,concrete
area, including cracks in the plaza,dirt work on north side of the east field and erosion across the road and the
clean up of the drainage area close to the field.
Councilman Young made a motion to table Item 3 until the next meeting of January 25, 2000. Councilman
Swartz seconded the motion. A vote was taken and the motion passed,7-0.
Staff Reports
City Manager,Mike Collins reported that BFI would be coming before Council for a presentation at the January
25 Council Meeting. He suggested that if Council has specific issues with BFI that they forward those concerns
to his office so that he may inform BFI to ensure that they are addressed.
Finance Director,Mr.Brady Snellgrove reported that the auditors have completed their work and that city staff
will be working on completion of the annual report.
Assistant City Manager,Ms. Mindy Manson reported that Mr. Ray Stanland,Consultant,will be working with
the Park Board regarding parkland development.
Wylie City Council Minutes
January 11,2000
Page 3
Work Session
Informational Presentation of ISO Rating Process.
Chief Shan English introduced Mr.Larry H. Stevens who made a presentation to Council and staff beginning with
a brief history of the history of the ISO rating. He then provided detailed assessments and recommendations for
the upcoming ISO rating.
Mr. Stevens advised that evaluations would be conducted and grades awarded for the following categories for
a community wide grade that has a 100 point score. Each category will count as follows: 1)Communications&
Dispatch- 10%2)Water supply and distribution system 40%and 3)Fire Department 50%. A Community wide
grade that is a combination from the three previously listed.
Mr. Stevens advised that currently Wylie is an ISO Class 6,or we meet 40%of the minimum standards. Our last
rating was in 1991,with our next rating due this summer. After thirty days of posting,all mortgage payments
in the community will change.
Mr. Stevens reported the following scores,if areas were rated today. Communications-Class 3. Mr. Stevens
cited insufficient number of dispatchers per shift and the need for back up generators to receive fire calls and open
stall doors. Water Supply - Class 2. More fire hydrants are required so that they are within 300 feet of each
major building or apartment complex for full credit. Fire Department- Class 5. In areas outside of 1000 feet
from a fire hydrant they score a Class 9. Mr. Stevens cited old fire apparatus, lack of proper equipment,
insufficient number of fire trucks,not having enough ground ladders and low staffing as holding the rating down.
Mr. Stevens gave the following suggested improvements: Communications -software to track handling of calls;
one additional dispatcher per shift and a back up generator to each fire station. Water Department-4 hydrants
within 300 feet of all large buildings and complexes; twice a year testing of all hydrants. Mr. Stevens cited only
one subdivision that appeared to have a significant water supply problems. Fire Department- ISO standards
require the city to be protected by 2 stations,4 engines and 3 service companies staffed by 31 full-time career
firefighters of a combination mix of both paid and volunteers of 91 members. We currently have 3 engines and
one service company and 11 career firefighters, 18-20 part-time and approximately 20 volunteers are retained.
Mr. Stevens then provided detailed suggestions for improvements specific to equipment and staffing. He also
recommended installation of a traffic light pre-emption system. Mr. Stevens stated that the fire inspection
position is unique in that he is expected to run fire calls. However,he also added that not staffmg Station Two
24 hours a day with a crew equivalent to station 1 will cost the city a large number of the points earned by the
water system;three firefighter paramedics per shift of part time equivalents would return a majority of the points
lost due to the imbalance between the water systems capability and the fire departments ability.
Mr. Stevens addressed the cost necessary to bring our ISO rating to a Class 3. He recommended that we 1)pass
a water bill increase;2)sign a lease to acquire the needed fire equipment; 3)make an agreement with a contractor
to place the fill in fire hydrants and ad traffic pre-emption systems; and 4)invite the ISO,we will be given credit
for what is on order or under construction;insurance savings for our investments would start in 30 days after the
rating is posted.
City Manager Mike Collins advised Council that they would begin work immediately on funding the
recommended improvements and report back to Council.
Wylie City Council Minutes
January 11,2000
Page 4
Executive Session
In accordance with Chapter 551,Government Code,Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.
072;Deliberation Regarding Real Property to deliberate the purchase,exchange,lease,or value of real property.
Reconvene into Open Meeting
No action was taken as a result of Executive Session.
Adjournment.
With no further business to come before Council,the meeting was adjourned.
John Mondy,Mayor
Attest:
Barbara A. Salinas, City Secretary
Wylie City Council Minutes
January 11,2000
Page 5
RESOLUTION NO.
A RESOLUTION FOR THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS, IN SUPPORT OF THE DALLAS 2012 BID
COMMITTEE
WHEREAS, the City of Dallas under the leadership of Mayor Ron Kirk and Tom Luce,
Chairman for the Dallas 2012 Bid Committee, have undertaken the task of placing a bid
to become the United States candidate city for the 2012 Olympic Games; and
WHEREAS, the Summer Olympics traditionally are held in cities that have strong
values and traditions which the Olympic competition represents and that also are vibrant
and dynamic communities; and,
WHEREAS, Collin, Tarrant, Dallas, and Denton Counties must play a powerful and
supportive role in securing the opportunity for North Texas to host the 2012 Olympic
Games; and
WHEREAS, Understanding the community spirit and civic pride that will surely follow
when it is announced that Collin County will be helping host the 2012 Olympic Games;
and
WHEREAS, Knowing the economic impact this effort will make in Collin County; and
WHEREAS, Understanding the need for total and complete county wide support for a
project of this magnitude.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE,TEXAS:
That it supports the Dallas 2012 Bid Committee. The City of Wylie recognizes and fully
supports the efforts made by this Committee to meet the requirements for bringing the
Olympic Games to the Metroplex.
PASSED AND APPROVED this day of , 2000.
John Mondy, Mayor
ATTEST:
Barbara Salinas, City Secretary
WYLIE CITY COUNCIL
AGENDA ITEM NO. I..
January 25, 2000
Issue
Consider and act upon approval of professional services contract for F.Mason and Associates, a library
consulting,firm,not,to exceed$18,000.
Background
The City has reached a time in its growth when planning for the future is critical for the Library to remain up-to-date
because of the City's growth rate and increased demands for services from citizens. The library will need to add more
electronic resources and computers along with books and audio-visual materials. Currently, there is no space
available for additional shelving, computer workstations, or seating. The present situation suggests that a new
building will be needed within two to four years. The Library Director submitted Requests for Proposals to five
consultant fines in November 1999 to request a consultant to write a long range plan. The RFP outlined three areas
that the Plan will address:
• Building and Space Needs: Assess the existing Library and Library spaces: recommend the gross square
footage and space allocations for each area:define and recommend a facility size and location for a projected
population of 85,000. The analysis and recommendations will include an analysis of costs with inflation
factors calculated for the year 2004 along with suggested locations.
• Operational Assessment: Examine the library's current mission and service roles. Assess current
collection size,growth,stafr,services and technology. Define future space needs for collection(s),staffing,
technology,seating,and meeting spaces.
• Programming: Assess programming needs for the library, particularly as they relate to children's
programming,distance learning and other programming needs as identified.
Florence Mason is the owner and principal of F. Mason and Associates,a library-consulting firm based in Dallas.
She has a BA(history) from Skidmore College, and MLS from Simmons College, and a Ph.D. in Library and
Information Science from the University of Southern California She is a resident of Dallas,Texas. She has ten years
of experience as a library consultant and twenty-one years experience as a librarian. She is a former public library
director, former public library trustee, and has served in various capacities in both state and national library
organizations. She is currently an adjunct professor in the School of Library and Information Science at the
University of North Texas.
The key consultant activities will address the items defined above,prepare a background review of the library's
operations and statistics,compare the Smith Public Library with comparably sized peer libraries,conduct interviews
of key informants,and prepare a draft and summary report. The consultant will do a presentation on the final plan
for the Library Advisory Board and the City Council.
Other Considerations
N/A
Financial Considerations
The Library was allocated$20,000 from 4B funds. The funds were budgeted to purchase computers.
books, and training. However,the Library Board and staff would like to recommend that $18,000 of
the funds be used to hire a professional consultant to write a long range plan for the Library. Remaining
funds will be used to purchase library materials.
Board/Commission Recommendation
N/A
Staff Recommendation
Staff recommends approval of a Professional Services Contract to hire a Professional Planner.
Attachments
N/A
k/ i21/?)ared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. .,
January 25, 2000
Issue
Consider and act upon the approval of a Supplemental Agreement between the City of Wylie and
Kansas City Southern Railway Company regarding clean up of un-permitted landfill at former
Service center Site.
Background
Consistent with provisions contained in the Master Agreement between the City of Wylie, Collin County
and the Kansas City Southern Railway Company,the City of Wylie assumes all responsibility for historic
environmental conditions at the former Service Center Site. The City's Environmental Consultant, the
I-2 Group has completed a series of assessments of the property. The conclusion of the analysis
established that in a area approximately 750'x 60', exists an unpermitted municipal landfill. The contents
include traditional landfill materials, and construction and demolition debris. There is no evidence of
industrial waste or hazardous materials.
The purpose of the supplemental agreement is to specifically identify actions and financial obligations
of the city that are required for the KCS to begin construction of the new rail crossing connection
between the Cottonbelt and 78 Mainline rail tracks. Reference is made in the Supplemental Agreement
to submission to the Texas Natural Resources Conservation Commission(TNRCC) of a Voluntary Clean
Up Program(VCP). The intent of the VCP is for the city to pursue a landfill closure of the entire site.
In the immediate term, however, the City will only "clear" the portion of the site required for the
construction to begin.
Engineers for both the KCS and City of Wylie have discussed the situation in great detail and have
identified the dimensions of the trench required for the project. Under this plan, a trench approximately
750' x 30' x 10' would be dug. The solid waste landfill material only would be removed and fill direct
brought back in to fill the hole. The engineers have discussed extensively the difference between what
constitutes solid waste as an environmental issue and what constitutes a geotechnical issue that is the
responsibility of the KCS. The bottom line is that the KCS understands that it is the primary interest of
the City to absolutely minimize the scope of the work.
The process as described above will be submitted in the Voluntary Clean Up Program to the TNRCC.
The remainder of the Service Center Site can remain as is as long as it remains undisturbed. Approval
of the plan is expected to take approximately four(4) weeks and is required before the City begins its
clean-up work.
As an act of good-faith, the KCS will begin work on the drainage culverts at the northern end of the
Service Center Site and at the F.M. 544 area before formal agreement is received from the TNRCC of
the VCP. Both the City and the KCS agree that receiving TNRCC approval is a formality. The rules are
clearly established for the program.
Background-continued
The most significant aspect of the agreement between the City of Wylie and KCS is the commitment on
the part of the City to implement the clean-up of the site. KCS will then enter in an agreement with
TxDOT that allows the KCS to be reimbursed for the rail right of way. After KCS is finished with the
rail connection, no later than June 1, 2000, TxDOT will begin the F.M. 544 and S.H. 78 widening
project between the Sachse City limit and F.M. 544.
The landfill clean up work will begin on or before February 22, 2000 and is expected to be complete in
a week to ten days.
Financial Considerations
The City secured 6,875,000 in Federal Demonstration Project Funds in 1999. A portion of these funds,
approximately$400,00 is eligible to finance the clean up of the former service center site. Federal funds
are being spent for the actual rail crossing construction.
Other Considerations
Board/Commission Recommendations
Staff Recommendations
Attachments
Available at 1/25/00 meeting
L tfd ".7)() ..4,14.d (AVIA
Prepared by Reviewed by Finance City Manager Approval
AGREEMENT
THIS AGREEMENT ("Agreement") is made and entered into as of the day of
February,2000,between the City of Wylie,Texas(the"City"),a Texas municipal corporation,and
The Kansas City Southern Railway Company ("KCS"), a Missouri corporation.
WITNESSETH
WHEREAS, the City, KCS, and Collin County, Texas, (the "County") a corporate and
political body of the State of Texas,entered into that certain Agreement as of January 26, 1999(the
"Original Agreement"),that provides in relevant part for KCS to remove its track from a segment
of its right-of-way along Highway 78 (defined therein as the "78 ROW"), for KCS to connect its
track to KCS's other track and right-of-way in the City as generally shown in the Original Agreement
(defined therein as the "New Track Connection"), and for KCS to convey the 78 ROW to the
County;
WHEREAS,the Original Agreement provides for the City to convey to KCS a temporary
construction easement and,on the Closing Date,a special warranty deed for the Animal Shelter and
Service Center(as defined in the Original Agreement)on which KCS will build a portion of the New
Track Connection;
WHEREAS, the parties have determined that waste and/or fill material (hereinafter, the
"solid waste landfill")is located under the surface of the Animal Shelter and Service Center without
a permit or other governmental authorization and is in the path of the New Track Connection and
should be removed and relocated prior to the construction of the New Track Connection;
WHEREAS, although the Original Agreement does not expressly provide for the removal
of the solid waste landfill,the City and KCS have concurred that the solid waste landfill should be
removed, relocated, and the void created thereby filled with dirt, and each has suggested that other
bear the cost and responsibility related directly and indirectly to such removal, and, accordingly, a
dispute has arisen between them;
WHEREAS,the parties desire to resolve the above described dispute amicably pursuant to
paragraph 9.7 of the Original Agreement without resort to litigation and to avoid its attendant cost,
expense, uncertainty, and delay;
NOW THEREFORE, in consideration of the covenants, conditions, and terms herein
contained,the parties mutually agree as follows:
-1-
ARTICLE ONE
REMOVAL OF SOLID WASTE LANDFILL
1.1 The City will do all things reasonably necessary to remove and relocate the solid waste
landfill from that area generally located on Exhibit"A"to a permitted landfill in accordance
with all applicable environmental laws and regulations and the plans attached hereto as
Exhibit"A"and incorporated herein, on or before March 31, 2000. Parties agree that solid
landfill waste may be present beyond the area of Exhibit"A"or the scope of this Agreement,
and the parties agree that the City shall not be deemed obligated,except as may be required
by law,to remove the same as a consequence of this agreement.
1.2 KCS agrees to provide to the City,at no cost to the City,fill dirt in sufficient quantity,to fill
the void created by the City's removal of the solid waste landfill. The dirt will be made
available to City at a site of mutual convenience to the City and KCS at the construction site
of KCS's manifest yard in and near Wylie, Texas; provided, however, such site of mutual
convenience shall be at a location so that the fill dirt can be removed without extraordinary
or unusual expense to the City.City shall cause its contractor to properly place and tamp such
fill dirt into the void created by the said excavation to the reasonable satisfaction of KCS and
the City. City will be responsible for compaction of the dirt only to the extent that the need
for the same was caused by the removal of the solid waste landfill and the replacement of the
same with fill dirt in sufficient quantity to property fill the void created by such excavation;
otherwise,KCS shall be responsible for all compaction,soil treatment,and other engineering
related costs for the construction of the New Track Connection including,without limitation,
the engineering costs related to soil instability, if any,below the area of excavation created
by removal of the solid waste landfill that would otherwise have been the responsibility of
KCS but for the removal, relocation, and replacement of the solid waste landfill.
1.3 Prior to conveying to KCS a special warranty deed for the Animal Shelter and Service Center
property, the City shall, at its own expense, obtain from the Texas Natural Resource
Conservation Commission(the"TNRCC")and provide to KCS with respect to such property
either a Final Certificate of Completion pursuant to the Voluntary Cleanup Program or such
other documentation indicating that no further action is required or anticipated,pursuant to
applicable state environmental laws and regulations,with respect to the solid waste landfill
and the property. The Final Certificate of Completion, if and when obtained, shall be filed
by the City in the deed records for Collin County, Texas.
1.4 The City will pay for all costs related to the removal and relocation of the solid waste landfill
from the area generally located on Exhibit"A" as more fully described in Article 1.1 above
and the replacement of fill dirt as more fully described in Article 1.2 above. In the event a
claim is made against KCS or if KCS is named as a party in a lawsuit and/or administrative
proceeding alleging KCS is liable for costs, damages, interest, attorney's fees and/or court
costs related to or arising out of the City's obligations in Articles 1.1 and/or 1.2,the City will
pay those costs,damages,interest,attorney's fees and/or court costs. The City will have the
right to appoint, replace and direct KCS' counsel with respect to any such non-criminal
claims, and the right to resolve non-criminal claims against KCS, without admitting any
liability on the part of KCS, as it reasonably determines is appropriate.
-2-
1.5 The City, and its contractors, shall, at all times while performing on-site removal 'and
relocation of solid waste landfill, implement health and safety worker protection standards
in accordance with all applicable state and federal regulations,which standards may include
the use of personal protective equipment and ambient air monitoring.
1.6 The City shall be solely responsible for the operation,maintenance,closure and replacement,
in accordance with all applicable federal,state and local rules and regulations,of any and all
groundwater monitoring wells located in the area of the work contemplated by this
Agreement.
ARTICLE TWO
CONVEYANCE OF ANIMAL SHELTER AND SERVICE CENTER
2.1 The plans attached hereto as Exhibit"A"require the City to remove the solid waste landfill
from the route of the proposed KCS track within the New Track Connection(the"Route"),
but effectively permit the City to leave the solid waste landfill in place, to the extent
permitted by applicable law,outside of the Route. Because the KCS is unwilling to acquire
title to any portion of the New Track Connection which is impacted by adverse
environmental contamination or continuing environmental engineering obligations or
controls,the parties have agreed to modify the provisions of the Original Agreement which
called for the conveyance of the entire 2.78 acre Animal Shelter and Service Center tract of
land to KCS on the Closing Date.
2.2 The City has filed an application to place the Animal Shelter and Service Center into the
Voluntary Cleanup Program of the TNRCC as is referred to above. If the environmental
remediation activities of the City upon the Animal Shelter and Service Center result in the
closure in the form of a"No Further Action Letter," a Certificate of Completion or other
appropriate documentation from the TNRCC to the effect that at least the Route has been
remediated to and otherwise satisfied TRRP Remedy Standard 2 applicable to nonresidential
property as set forth in 30 Texas Administrative Code, Section 335.555 - Section 335.560,
as is contemplated hereby,but the remainder of the Animal Shelter and Service Center tract
of land outside of the Route is the subject of a No Further Action Letter reflecting the
achievement of a lesser clean up standard, or continuing environmental engineering
obligations or controls, then, upon delivery by the City of such No Further Action Letter
and/or Certificate of Completion to KCS,KCS will advise the City whether KCS is willing
to acquire title to all of the Animal Shelter and Service Center tract of land at the Closing.
-3-
2.3 KCS may elect, in lieu of acquiring title to all the Animal Shelter and Service Center tract
of land (a total of 2.78 acres), a tract of land thirty feet (30') wide centered upon the New
Track Connection and a permanent, exclusive easement aggregating an additional seventy
feet(70') in width, which is described in Exhibit"B" and attached hereto (the "alternative
tracts");provided,however,without interfering with the railroad operations of KCS upon the
New Track Connection,the City (a) may operate,maintain,repair,replace and remove the
City's existing sewer lines and (b) upon supplying engineering drawings of any additional
water or sewer lines proposed, which KCS determines will not, both during and after
completion, affect either the safety or the potential liability of KCS at the New Track
Connection,or the structural integrity of the railroad facilities of KCS located thereon,may
construct,operate,maintain,repair,replace,and remove such additional water or sewer lines,
within the KCS's permanent exclusive easement aggregating an additional seventy foot(70')
in width. KCS will make its election in writing to Wylie not later than fifteen(15)days prior
to the Closing Date. If an election is not made within the time frame described above,KCS
will be deemed to have elected to acquire title to all of the Animal Shelter and Service
Center. If KCS makes such election, KCS will be responsible for all costs related to the
preparation of the property description of the alternative tracts which description of the thirty
foot(30')wide fee tract will be substituted for the property description of the Animal Shelter
and Service Center in the form of the deed, appended to the Original Agreement as Exhibit
"C," to be delivered by the City to KCS on the Closing Date, and the preparation of the
Exclusive Easement, to be delivered by the City to KCS on the Closing Date. The City
hereby waives any right to an easement by necessity,or otherwise across the alternative tracts
with respect to the remainder of the Animal Shelter and Service Center tract of land.
ARTICLE THREE
AMENDMENT TO ORIGINAL AGREEMENT
3.1 KCS and the City agree that their rights and obligations vis-a-vis each other pursuant to the
terms of the Original Agreement are hereby modified solely to expressly provide for the
removal, relocation, and replacement of the solid waste landfill pursuant to the provisions
hereof and to otherwise modify their respective rights and obligations as expressly provided
herein. Nothing in this Agreement shall be deemed to have modified any rights and
obligations of the County or to have otherwise modified,amended,or waived any provision
of the Original Agreement including,without limitation,regarding the rights and obligations
of the City and KCS vis-a-vis each other, except as expressly provided herein.
-4-
IN WITNESS WHEREOF,the City of Wylie,Texas and The Kansas City Southern Railway
Company have executed this Agreement in multiple counterparts,effective as of the date first above
mentioned.
ATTEST: CITY OF WYLIE:
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THE KANSAS CITY SOUTHERN
RAILWAY COMPANY:
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ACKNOWLEDGED:
ATTEST: .,oj� ••• • �1OLLIN C TY,T S
By: By:
Helen Starnes Ronal L. arris
Its: County Clerk, Collin County, Texas Its: County Judge, Collin County, Texas
-5- L:\CLIENTS\OKCS\OOI I II-Wylie\SET LEME\lanthiIl.dl.wpd
EXHIBIT "A"
Plans for Removal of Solid Waste Landfill
The solid waste landfill shall be required to be removed from only that portion of the Animal
Shelter and Service Center tract of land, containing a total of 2.78 acres,where the landfill occurs
within the Route of the proposed KCS track within the New Track Connection. The Route is thirty
feet (30') wide centered upon the New Track Connection. The landfill shall be excavated and
removed from the Route to a depth where native soil is encountered. Depending upon the depth
where native soil is encountered, the width of the bottom of the excavation may be wider than the
Route because the width of the bottom of the excavation shall be no less than the difference in
elevation between the native soil and the proposed bottom of the rail tie plus eight feet (8').
For example, if native soil is encountered twenty feet (20')below the present grade of the
Route at a location where the proposed bottom of the rail tie shall be two feet(2')above the present
grade,the width of the bottom of the excavation shall be the minimum thirty feet(30',that is 22+
8 = 30). If,however, the native soil is encountered twenty-four feet(24')below the present grade
of the Route at a location where the proposed bottom of the rail tie shall be at the present grade,the
width of the bottom of the excavation shall be thirty-two feet(32'). The attached diagram prepared
by Jack A. Otteson illustrates the load plane of the New Track Connection, within which all solid
waste landfill material is to be removed.
The contractor shall be responsible for complying with all applicable laws and regulations
at the Animal Center and Service Center property during the performance of the work, including
those concerning the Voluntary Cleanup Program,pursuant to which the landfill is being removed,
and the health and safety of its workmen at the site. Representatives of the City and the KCS may
observe the contractor's performance of the excavation and obtain samples of materials for
environmental characterization purposes. The contractor shall be responsible for disposing of the
excavated material pursuant to applicable environmental law and regulations and the directions of
the City, and shall provide the City with all requisite documentation concerning the disposition of
excavated materials.
The contractor shall fill the void created by the excavation with fill material supplied at the
construction site of the KCS manifest yard near Wylie,Texas. The quantity and compaction of the
fill material will be as specified in the Agreement between the City and KCS. Measurement will be
Class 3 (measured in final position).
01/25/00 TUE 10:40 FAX 214 880 0011 WORSHAM FORSYTHE R004
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COURT ORDER NO. 2000- (Q2O -04-24
THE STATE OF TEXAS AGREEMENTS
AMENDMENT-CITY OF WYLIE AND
KCS RAILROAD-HIGHWAY 78 ROW
COUNTY OF COLLIN COMMISSIONERS COURT
On April 24, 2000, the Commissioners' Court of Collin County, Texas, met in regular session
with the following members present and participating, to wit:
Ron Harris County Judge, Presiding
Phyllis Cole Commissioner, Precinct 1
Jerry Hoagland Commissioner, Precinct 2
Joe Jaynes Commissioner, Precinct 3
Jack Hatchell Commissioner, Precinct 4
During such session the court considered a request for approval of an amendment to the
agreement with City.of Wylie and KCS Railroad for Highway 78 right-of-way.
Thereupon, a motion was made, seconded and carried with a majority vote of the court to
approve the amendment to the agreement with City of Wylie and KCS Railroad for Highway
78 right-of-way. Same is hereby approved in accordance the atta ed documentation.
R n Harris;Co ty Judge-I
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• Phyllis o et/Commissioner, Pct. 1
)-1;_,% - :. <-:,': _ _ -
``,�a�,,,nra,►a.,,� lam?{�!. _a, ,"`
/Jf'� ,
.. . 0 Jerry Hoag , Commissioner, Pct. 2
ta:
o:, ` �,,-+ Joe Jaye .afnmissioner, Pct. 3
4,0 ....... s, % •:• ".`4�.0 ,
t '! =
Jack Hatche1F,-eornmissioner, Pct. 4
ATTEST:
ke/41 ,)tW UIO 1,12u
elen Starnes, Ex-Officio Clerk
Commissioners' Court
Collin County, TEXAS
Court2000,agreementatKCS Railroad-amend
VVYLIE CITY COUNCIL
AGENDA ITEM NO. 5
January 25, 2000
usmg
Discuss and act upon the award of a contract for construction of a new animal shelter and municipal
warehouse facility.
Background
At the direction of Council, staff has advertised for competitive sealed bids to construct a new animal
shelter facility. The architectural design of the new shelter incorporates the use of the structural steel
framework of a pre-engineered 3,600 square foot metal building which the City had already acquired.
The exterior walls ofthe building are specified as split-face concrete block. Approximately 2,400 square
feet of the facility will be dedicated to animal control functions. This area is more than twice the size of
the old shelter and is projected to serve the City's animal shelter requirements well into the future. The
additional 1,200 square feet will be constructed with minimal interior finish-out. Projected uses for this
space include a small meter services shop for testing/repair of water meters and additional warehouse
storage for Public Works and Parks. Utilization of the full 3,600 square feet of the original metal building
design will maintain the structural integrity of the steel frame and provide needed space for relatively
little additional cost. The added 1,200 square feet will cost only$24.00 per foot, as compared to the
$100.00 per square foot cost for the total project. The proposed use of this space will alleviate the need
for some of the planned future expansion of the Service Center building.
Despite an active solicitation of competitive bids, Gibbs Construction was the only contractor to submit
a bid. Gibbs was the successful bidder on the City's new fire station facilities. The total lump sum bid
was$405,000. Although this was higher than original estimates,the square foot cost is comparable to
other animal shelters that have been constructed in this area in recent years. Shelter construction costs
in the past few years have ranged from$95.00 to $158.00 per square foot, according to information
provided by other cities.
With available funding of only$322,850, staff and the project architect have met with the contractor to
identify and negotiate every possible value-engineered cost reduction. This negotiation process has
resulted in a final best offer from Gibbs Construction of$314,751. The design modifications necessary
to arrive at this final bid still preserve the full 3,600 square foot area and basic functionality of the
building and most of the original concrete flatwork. Staff proposes to proceed with construction of the
shelter based on the value engineered modifications and negotiated contract price. This will require
nearly all of the available funds in the Animal Shelter/Service Center Fund and the money acquired from
the sale of the old Service Center property. It is anticipated that alternate funding will have to arranged
for the Service Center garage addition at a later date.
Financial Considerations
Adequate funding is available to cover negotiated th contract amount of$314,751.
Other Considerations
Competitive sealed bids for this project were solicited in accordance with Chapter 252 of the Texas
Local Government Code.
Board/commission Recommendation
N/A
Staff Recommendation
Staff recommends that Council award a contract to Gibbs Construction for the Animal Shelter project
and authorize a Change Order reducing the final contract amount to $314,751.
Attachments
N/A
)/(2, l (1C-f/1/1A
Prepared by Reviewed by Finance City Manager Approval
VV'YLIE CITY COUNCIL
AGENDA ITEM NO. 4
January 25, 2000
Issues
Hold a public hearing to Consider and Act Upon consider a request from Tipton Enginering, Inc., for
approval of a zone change,from A(Agricultural)to PD(Planned Development)for a master planned
single family neighborhood for the property generally located along the south side of McMillen road
and east of the Southfork Mobil Home Development and being all of a certain 50.7752 acre tract out
of the John W. Mitchell Survey,Abstract No. 589, City of Wylie, Collin County, Texas.
Background
The conceptual plan under consideration is for the proposed Sage Creek North Addition. The applicant
is requesting rezoning on 50.7865 acres in order to develop the property with a master planned single
family residential community. The property to the north is vacant and zoned for PD (Planned
Development) single family, retail and multi-family uses. The properties to the east and southeast are
undeveloped and zoned for A(Agricultural)uses. The property to the southwest is zoned PD(Planned
Development)for single family uses. The property to the west is zoned MH Manufactured Home and
is developed accordingly.
Public Comment Forms were mailed to eighty-three(83)property owners within 200 feet of this
request. One(1) Public Comment Form in opposition has been returned. The opposition represents
7.03% of the property within 200 feet of this request.
Other Considerations
The Comprehensive Plan recommends Country Residential(1 acre single family)uses and Suburban
Residential(8,500 sq. foot lots)for the property. The proposed land use is consistent with the
Comprehensive Plan only in terms of the single family residential aspect. Specifically,the applicant
is proposing a density of 3.17 dwelling units per acre. The applicant is also proposing 4.65 acres of
dedicated parkland and 4.0 acres of H.O.A. open space. Staff is of the opinion that the proposed
zoning does not meet the intent of the Comprehensive Plan as it relates to density and preservation
of open space. Specifically, staff cannot support the 6,000 - 7,000 square foot lots.
The applicant is filing this PD in order to ensure a quality development and request an amendment to
the Comprehensive Plan. The following tables provide a summary of the development standards
being proposed.
Proposed Tract A
Proposed Tract-A Required for SF-2
Lot Area 8,500 sq.ft.minimum 8,500 sq.ft.
(10,000 sq.ft. average)
Front Yard 25 ft. 25 ft.
Rear Yard 15 ft. 25 ft
Side Yard 10 ft. separation between Not less than 6 ft.on each
structures&15 ft.for side side of the lot and 20 ft.for
yards adjacent to a side side yards adjacent to a side
street. street
Minimum Lot Depth 110 ft. 100 ft.
100 ft.for cul-de-sac
Minimum Lot Width 60 ft. 60 ft.
Roof p tch 6:12 None required
House No house elevation shall be No regulations
constructed adjacent to each
other.
Landscaping (1)3"diameter tree None required
(10)2 gallon shrubs
Grass sod front yard
Exterior Wall 75%brick,tiles,cement, 75%masonry
Material concrete,stone or similar
materials
Min' intuit'dwelling 1,800 sq.ft. 1,500 sq.ft.
size
Proposed Tract-B
Proposed Tract-B Required for SF-3
Lot Area, 6,000 sq.ft.minimum 7,200 sq.ft.
(6,750 sq.ft. average)
Front Yard 25 ft. 25 ft.
Rear Yard 15 ft. 25 ft
Side Yard 10 ft. separation between Not less than 6 ft.on each
structures&15 ft.for side side of the lot and 20 ft.for
yards adjacent to a side side yards adjacent to a side
street. street.
Minimum Lot Depth 100 ft. 100 ft.
90 ft.for cul-de-sac
Minimum Lot Width 50 ft. 60 ft.
Roofpitch 6:12 None required
House Elevation No house elevation shall be No regulations
constructed adjacent to each
other.
Lang (1)2 1/2"diameter tree None required
(10)2 gallon shrubs
Grass sod front yard
Exterior Wall 75%brick,tiles,cement, 75%masonry
Material concrete,stone or similar
materials
Minimum dwelling 1,400 sq.ft. 1,100 sq.ft.
size
The applicant is incorporating approximately 4.0 acres of HOA open space and 4.65 acres of
dedicated public park(public park to include $25,000 of community park equipment, the extension
of a hike &bike trail, and the provision of parallel parking on Riverway lane adjacent to the park).
The H.O.A. open space includes a pond system to be utilized for flood control and drainage. At the
January 10, 2000,Parks Board meeting,the Board recommended approval of this case(see attached
memorandum from Mindy Manson, Assistant City Manager).
The applicant is proposing a divided entry way to McMillen Road.
In order to determine the developmental impact on the roadway system and the applicant's
responsibility for roadway improvements, staff recommends that the applicant prepare a traffic
impact study(TIS)for the proposed development including impacts associate with the Lakeside
Estates/Sage Creek and McCreary Estates developments to the south and the proposed Creekside
Estates development to the north. Specifically,the applicant may be responsible for a portion of the
roadway improvements(signalization, etc.)resulting from their proposed development. Staff
recommends said traffic impact study be submitted concurrently with the development plan.
The applicant is aware that a development plan,preliminary plat and final plat must be approved
prior to the issuance of building permits.
Financial Considerations
Rezoning application fee in the amount of$400.00 - Paid
Commission Recommendation
At the January 18, 2000, Planning and Zoning Commission meeting,the Commission voted
unanimously to recommend denial this case. Section 35.5(2)of the City of Wylie Comprehensive
Zoning Ordinance No. 85-23A states that when a proposed zoning request is heard by the City
Council that has been denied by the Planning and Zoning Commission, a three-fourths(3/4)majority
vote by the City council shall be required for approval.
Staff Recommendation
Denial due to the fact that the proposed density does not meet the intent of the Comprehensive Plan.
Should the Council approve this case, staff recommends that it be approved subject to city approval
of a traffic impact study(applicant's responsibility to prepare and submit).
The Departments of Public Works, Fire, and Development Services concur with this
recommendation.
Attachments
Location Map
Area Zoning Map
Protest Analysis Map
Property Owner Notification Map
Property Owner Notification Report
Public Comment Forms
Public Hearing Notice
Zoning Change Application
Proposed Land Data
Conceptual Plan
IGY/4 .)/LL
i •
Prepared b Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. ,6.
January 25, 2000
Issue
Hold a public hearing to Consider and Act Upon a request from Cascade Companies. L.L.C., for
approval of a zone change from MF(Multi-Family);and B-1 (Business)to PD(Planned Development)
for a master planned single family neighborhood for the property generally located along the east side
ofFM 1378 just north of the Newport Harbor Development and being all of a certain 50.576 acre tract
out of the James McUlmury Survey, Abstract No. 629, and the WM. Burnett Survey,Abst,act No. 56,
City of Wylie, Collin County,Texas.
Background
The conceptual plan under consideration is for the proposed Cascades Addition. The applicant is
requesting rezoning on 50.576 acres in order to develop the property with a master planned single family
residential community. The property to the northwest is vacant and zoned for MF(Multi-Family)uses.
The property to the north is not within the City of Wylie proper. The property to the south is zoned SF-
3 (Single Family Residential)and developed accordingly with single family homes. The property to the
west is zoned PD(Planned Development)for a master planned single family development. The property
to the east is not within the City of Wylie proper.
Public Comment Forms were mailed to sixty-four(64)property owners within 200 feet of this
request. One(1) Public Comment Form in opposition and two(2)Public Comment Forms in
support have been returned. The opposition represents 0.47%of the property within 200 feet of this
request. Please note staff inadvertently notified the wrong block of property owners. As a result,
the case will have to be readvertised accordingly before the Council can take formal action on this
case. Specifically, staff recommends that the Council conduct the Public Hearing and inform the
audience that the a formal vote cannot be conducted due to the staff error. Staff will readvertise the
case for the February 1, 2000,Planning and Zoning Commission meeting and the February 8, 2000,
City Council meeting.
Financial Considerations
Rezoning application fee in the amount of$400.00- Paid
Other Considerations
The Comprehensive Plan recommends Country Residential(1 acre single family)uses for the
property. The proposed land use is consistent with the Comprehensive Plan only in terms of the
single family residential aspect. Specifically, the applicant is proposing a density of 2.75 dwelling
units per acre(minimum lot size of 8,500 sq. ft.). The applicant is also proposing a cascading pond
parkland dedication encompassing 4.4 acres(2.43 acres of useable area outside of the pond).
Although the Comprehensive Plan recommends 1 acre lots for this property, staff is of the opinion
that the elimination of the multi-family zoning significantly reduces the allowable density of the area.
Specifically.the property is currently zoned for multi-family uses and,therefore, could be developed
(by right) at a density of fifteen(15)dwelling units per acre.
The applicant is filing this PD in order to ensure a quality development and request an amendment to
the Comprehensive Plan. The following tables provide a summary of the development standards
being proposed.
Proposed Development Standards
Lot Area 8,500 sq.ft.minimum 8,500 sq.ft.
F unt Yard 25 ft. 25 ft.
Rear Yard 25 ft. 25 ft
Side Yard Not less than 7 ft.on each Not less than 6 ft on each
side of the lot and 20 ft.for side of the lot and 20 ft.for
side yards adjacent to a side side yards adjacent to a side
street. street.
Milt Lot DePih 100 ft. 100 ft.
Minimum Lot Width 60 ft. 60 ft.
RomfPitch 6:12 None required
How Elevation No house elevation shall be No regulations
constructed adjacent to each
other,directly opposite a like
elevation,or in the same cul-
de-sac.
Landscaping Min.of 6"total diameter of None required
tree(s)
(18)3 gallon shrubs
Grass sod front yard
Exterior Wall 75%masonry veneer,such 75%masonry
Material as brick,stone or stucco.
Minumi 1,800 sq.ft. 1,500 sq.ft.
size
• The applicant is incorporating approximately 4.4 acres of dedicated public park(2.43 acres of
useable area outside of the ponds). At the January 10, 2000, Parks Board meeting,the Board
recommend approval of this case subject to additional access easements being incorporated,that
the hike &bike trial around the ponds be built in concrete, and the provision of a playground and
picnic area(see attached memorandum form Mindy Manson,Assistant City Manager).
• Additional features being proposed are jogging paths and a cascading pond system engineered to
City specifications. Specifically,ponds will provide drainage improvements to the area and serve
as an aesthetic amenity to the development.
• The applicant is proposing a divided and landscaped entry way to FM 1378.
• The applicant is aware that a development plan, preliminary plat and final plat must be approved
prior to the issuance of building permits.
Board/Commission Recommendation
At the January 18, 2000, Planning and Zoning Commission meeting,the Commission voted
unanimously to table this case so that staff could readvertise accordingly.
Staff Recommendation
Approval due to the fact that the proposed density and development standards significantly reduce
the overall density permitted by right. However, due to the inadvertent notification error previously
detailed,the case will have to be readvertised accordingly before the Council can take formal action.
As a result, staff recommends that the Council conduct the Public Hearing and inform the audience
that the a formal vote cannot be conducted due to the staff error. Staff will readvertise the case for
the February 1, 2000, Planning and Zoning Commission meeting and the February 8, 2000, City
Council meeting. The applicant is aware of the staff error.
The Departments of Public Works, Fire, and Development Services concur with this
recommendation.
Attachments
Location Map
Area Zoning Map
Protest Analysis Map
Property Owner Notification Map
Property Owner Notification Report
Public Comment Forms
Public Hearing Notice
Zoning Change Application
Proposed Land Data
Conceptual Plan
/la 1,14*? ))() C/.6(/.-/i4,1
Prepared by/ Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. 6,
January 25, 2000
Consider and Act Upon a Preliminary Plat/Site Plan for Phase III of the Martinez Addition,proposed
by Jackson&Associates Land Surveyors for the property generally located at the southeast corner
of SH 78 and Kirby between the Exxon station and Mardi Gras Lane, and being all of a certain
2.6419 acre tract out of the E.C. Davidson Survey,Abstract No. 267, City of Wylie, Collin County,
Texas.
Background
The preliminary plat/site plan under consideration is for Phase III of the Martinez Addition. The
applicant is filing this site plan/preliminary plat in order to develop Lot 6 of the property with a business
use. Specifically, Section 29A.2 of the Comprehensive Zoning Ordinance Number 85-23A states that
site plan review and approval by the Planning and Zoning Commission shall be required for any business
development not located within an approved commercial subdivision. The property is currently vacant
and zoned for B-2 (Business)uses.
Site plans shall contain sufficient information relative to site design considerations and shall conform
to data presented within the building permit application. The purpose of the site plan is to ensure
efficient and safe land development,harmonious use of land, compliance with appropriate design
standards, safe and efficient vehicular and pedestrian circulation, and other utilities and services.
Other Considerations
• Staff has reviewed the proposed site plan/preliminary plat and found it to be in compliance
with the Zoning regulations and other pertinent ordinances of the City of Wylie. Specifically,
the proposed development complies with all applicable zoning, landscaping, parking
screening, sidewalk, lighting, and access codes. Also, the City's traffic consultant has
reviewed approved the ingress/egress as it relates to the future design of Kirby.
• In order to obtain the necessary right-of-way to expand Kirby, staff did not require that the
applicant build their portion of the alley located along the eastern property line. Said alley
was never improved and is no longer needed. The fire department has reviewed this element
as it relates to public safety and is recommending approval.
• The applicant is aware that the property needs to be final platted prior to the issuance of any
building permits.
• The applicant is aware that all signs require separate permits.
• The applicant is aware that all impact fees must be paid prior to the issuance of building
permits.
• The applicant is aware that approval of a site plan for Lot 4 will be required prior to the
issuance of building permits on said lot.
Financial Considerations
All application fees have been paid in full.
Commission Recommendation
At the January 18, 2000, Planning and Zoning Commission meeting, the Commission voted
unanimously to favorably recommend this case.
Staff Recommendation
Approval
The Departments of Public Works, Fire, and Community Development concur with this
recommendation.
Attachments
Applications
Site Plan/Preliminary Plat
Prepared by Reviewed by Finance City Manager Approval
WYLIE CITY COUNCIL
AGENDA ITEM NO. '7
January 25, 2000
Issues
Consider and Act Upon a Final Plat for Phase III of the Martinez Addition,proposed by Jackson&
Associates Land Surveyors for the property generally located at the southeast corner of SH 78 and
Kirby between the Exxon station and Mardi Gras Lane, and being all of a certain 2.6419 acre tract
out of the E.C. Davidson Survey,Abstract No. 267, City of Wylie, Collin County, Texas.
Background
The final plat under consideration is for Phase III of the Martinez Addition. The applicant is filing
plat in order to develop Lot 6 of the property with a business use. The property is currently vacant
and zoned for B-2(Business)uses.
Other Considerations
• Staff has reviewed the final plat and found it to be in compliance with the Zoning regulations
and other pertinent ordinances of the City of Wylie. Specifically,the proposed development
complies with all applicable zoning, landscaping,parking screening, sidewalk, lighting, and
access codes. Also,the City's traffic consultant has reviewed approved the ingress/egress
as it relates to the future design of Kirby.
• In order to obtain the necessary right-of-way to expand Kirby, staff did not require that the
applicant build their portion of the alley located along the eastern property line. Said alley
was never improved and is no longer needed. The fire department has reviewed this element
as it relates to public safety and is recommending approval.
• The applicant is aware that all impact fees must be paid prior to the issuance of building
permits.
• The applicant is aware that approval of a site plan for Lot 4 will be required prior to the
issuance of building permits on said lot.
Financial Considerations
All application fees have been paid in full.
Commission Recommendation
At the January 18, 2000, Planning and Zoning Commission meeting,the Commission voted
unanimously to favorably recommend this case.
Staff Recommendation
Approval
The Departments of Public Works, Fire, and Community Development concur with this
recommendation.
Attachments
Application
Final Plat
6 1 , 40,0
Prepared b Reviewed by Finance City Manager Approval
VVYLIE CITY COUNCIL
AGENDA ITEM NO. 6
January 25, 2000
Issue
Consider and act upon the appointment of representatives to the Exploratory Committee for the
Development of a Recreation/civic Center.
There is no backup material necessary for this issue.
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Prepared by Reviewed by Finance City Manager Approval
VVYLIE CITY COUNCIL
AGENDA ITEM NO.
January 25, 2000
Issue
Discuss and consider final payment to Randall&Blake Inc. in the amount of$33,320.35 for completion
of Phase I of Founder's Park.
Background
This item was tabled at the January 11, 2000 regular meeting to the January 25, 2000 regular
meeting.
The bid for the construction of Phase I of Founder's Park was awarded to Randall&Blake Inc. in April
1999.Phase I contains the following elements: the construction of two unlighted baseball/softball fields
with irrigation,the development of approximately 20 acres of irrigated land for soccer fields, and the
construction of access road and parking lot. The design of the soccer fields is such that the entire area
will be graded and irrigated. By doing so,there will be complete flexibility in the layout of the fields so
that the age groups with the greatest need for fields can be accommodated
At the time of the award of bid,the bid amount was$921,865;however,Change Order#1 deducted four
items from the base bid:
Road Allowance $25,000
Water Lines $37,050
Concrete $93,278
Drainage Pipe $9,000
TOTAL $164,328
The deductions taken from the base bid resulted in an amount of$757,537.
Change Order#2 consisted of$40,463 in additions and$31,593 in deductions with a net increase of
$8,870. The majority of the additions were the result of the work that was necessary to bring the
electrical power to the park The deductions were primarily related to adjustments made in the field with
concrete and asphalt paving.
Final walk-through for Phase I of Founder's Park was held November 9, 1999. A list of identified items
identified at that time is attached.
The contractor will be required to come back to the site in April to re-seed some the areas. A$5,000
retainage will be kept to ensure that this follow-up takes place. The warranty period for the earthwork
and turf establishment will not begin until final acceptance of those items this spring.
Financial Considerations
The cost to date for the Founder's Park project that was funded by the issuance of bonds in January
- 1996 is$1,194,038. The contractor, Randall Blake,has completed the work The total contract was
for$766,407.00. Retainage in the amount of$38,320.35 was held on the contract.
Financial Considerations Continued
The WISD participated in the cost of construction of one of the parking lots, which will also serve as
parking for the future football stadium. The cost to the school district was$103,000.
Payment in the amount of$33,320.00 is recommended. This is the retainage of$38,320.35 less
$5,000.00. The $5,000 is recommended to be withheld following project close out awaiting final
acceptance of the turf
Final payment will exhaust the funds in the 4B Capital Projects Fund.
Other Considerations
The bid solicitation for this project was conducted in accordance with Chapter 252.021 of the Local
Government Code,which governs the procedural requirements for certain capital expenditures.
Board/Commission Recommendation
N/A
Staff Recommendation
Staff recommends final payment to Randall&Blake Inc. in the amount of$33,320.00 with a $5,000
retainage.
Attachments
Change Order#1
Change Order#2
Final Walk Through Summary
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Prepaid by Re ed y Financ City Manager Approval