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10-10-2000 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA Tuesday, October 10, 2000 7:00 p.m. Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Wylie, Texas 75098 Action Taken •Recognition of WISD Star Students -Character Trait"Responsibility". •Proclaiming the Week of October 16-20, 2000 as"Hosts Week" in Wylie,Texas. •Proclaiming the Week of October 9-15,2000 as"Fire Prevention Week"in Wylie, Texas. AjkowogtgAtotqo:*tiot:ggwgaggggwgiigwtm***tonoigi§yrogiiigttyicijwgimtgtimjjt okootioitisorgygottokingtgimilkwwwgiggiftwoottiwg:g!ttoiNgotoogooftiwgogici woottiviononwatatiottkoosimmodommaitotonwataftwosonsminsisEm A. Approval of the Minutes from the September 26,2000 Regular Meeting. PUBLIC HEARINGS 1. Hold a public hearing to consider and act upon approval of a request from Richard Parker for approval of a zone change from A (Agriculture) to I (Industrial) on property generally located at the southwest corner of FM 544 and Sanden Boulevard, and being all of a certain 34.412 acres out of the Duke Strickland Survey, Abstract 841 and the I. Clifton Survey, Abstract No. 193, City of Wylie, Collin County, Texas. ZC No. 2000-08 2. Hold a public hearing to consider and act upon approval of a request from the Franklin Ovid Birmingham Memorial Land Trust for approval of a zone change from A (Agriculture) to I (Industrial) on property generally located at the northeast corner of Hooper Road and Hensley Lane, and being all of a certain 49.508 acre tract out of the L.K. Pegues Survey, Abstract No. 703, City of Wylie, Collin County, Texas. 3. Hold a public hearing to consider and act upon approval of a Replat for the Fountain Plaza Addition, generally located at the southwest corner of Stone Road and Ballard Avenue, and being all of Lot 3 IA, Block 1 of the Meadows Addition, of a certain 0.961 acres out of the A. Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. WORK ORDER 4. Consider and act upon approval for Work Order No. WYL-34A authorizing the Hogan Corporation to proceed with lift station, force main, and gravity sewer improvements along a route from the existing Rush Creek Lift Station to its proposed relocation site and from the proposed relocation site to the existing Twin Lakes Lift Station. AMBULANCE AGREEMENT 5. Consider and act upon approval of the supplemental agreement between East Texas Medical Center Emergency Medical Services and the City of Wylie for Paramedic Ambulance Services. ........................................................................................................................................................................................................................... Presentation by F.Mason and Associates, a library consultant firm, retained by the City in April of this year to evaluate the long-range needs for library services. .......................................................................................................................................................................................................................... In accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Law), Section 551.072 Real Estate (200 Block of North Jackson Street) to deliberate the purchase, exchange, lease or value of real property; Section 551.071 Consultation with Attorney regarding City Attorney relationship with the City Council 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, and Section 551.074 Personnel Matters to deliberate the evaluation of the City Attorney. .................................................................................................................................................................................................................................................................................................................................................................................................................................................... Take any action as a result of Executive Session.:,,,,................._..... ......... _.. ........................_........... ......... .............. ................................................................................................................ In addition to any specifically identified Executive Sessions, Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice Meeting was posted on this 6th day of October 2000 at 5:00 p.m. as required by law in accordance th Section 551.042 of the Texas Government Code and that the appropriate new muslia. ontacted. / dA Cit ecr r, ' Date Notice Removed „---The WY unicipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. Page 2 of 2 MINUTES Wylie City Council Tuesday, September 26, 2000 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present: Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Merrill Young,Councilman J.C. Worley and Councilman Chris Trout. Councilman Eric Hogue had an excused absence. Staff Present: Anthony Johnson, City Manager, Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director;Claude Thompson, Senior Planner;and Barbara Salinas,City Secretary. ............... The invocation was given by Todd Nivens of the Shiloh Baptist Church. There was no participation. A. Approval of the Minutes from the September 12,2000 Regular Meeting. Councilman Scott made a motion to approve the minutes from the September 12, 2000 regular meeting. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Hogue absent. OOOSISIRIMHVIKMVCJVMIVIIWMIIOSSNDAVIWICIIBESMEISMONEKSNEEIIESEIESEBN 1. Consider and Act Upon a Revised Final Plat for the Riverchase Addition, Phase I (formerly Eastfork by the Lake), proposed by Kurtz Bedford Associates, Inc. for the property generally located along the west side of FM 1378 across from the Newport Harbor subdivision, and being all of a certain 55.689 acre tract situated in the William Patterson Survey, Abstract No. 716, City of Wylie,Collin County,Texas. Councilman Worley abstained from any discussion and vote on Item No. 1 and completed the proper affidavit for Conflict of Interest. Claude Thompson, Senior Planner, provided Council with a brief background of the Final Plat. Mr. Thompson stated that staff had reviewed the plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the city. He stated that the applicant originally intended for only half of the development to be a gated community, however, has now chosen to gate the entire development. All streets within the subdivision will be private and maintained by the Homeowner's Association. He stated that the Planning and Zoning Commission voted favorably to recommend this case for approval. Mr. Tony Krause, representing DR Horton, was present to address any concerns of Council. The applicant stated that the entire addition, which includes three phases, should be built out within 3-3 'A years with homes ranging from$175,000 to$240,000. Councilman Scott made a motion to approve the Final Plat for the Riverchase Addition,Phase I(formerly Eastfork by the Lake),proposed by Kurtz Bedford Associates, Inc. for the property generally located along the west side of FM 1378 across from the Newport Harbor subdivision, and being all of a certain 55.689 acre tract situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County,Texas. Councilman Young seconded the motion. A vote was taken and the motion was approved, 5-0. Councilman Worley abstained. Councilman Hogue absent. Minutes of September 26,2000 Wylie City Council Page 1 3. Consider and act upon approval of a Site Plan for the Albertsons Center, generally located at the southeast corner of FM 544 and Westgate Way, and being all of a certain 27.49 acre tract situated in the Duke Strickland Survey, Abstract No. 841 and the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. 4. Discuss and consider a recommendation to the City Council regarding a Preliminary Plat for the Greenway Addition, generally located at the southeast corner of FM 544 and Westgate Way, and being all of a certain 27.49 acre tract situated in the Duke Strickland Survey, Abstract No. 841 and the E.C. Davidson Survey, Abstract No. 267, City of Wylie, Collin County, Texas. 5. Discuss and consider a recommendation to the City Council regarding a Final Plat for Sage Creek, Phase III, generally located east of McCreary Road, south of McMillen Road and to the east of Sage Creek Phases I and II, and being all of a certain 24.476 acre tract situated in the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. ADJOURNMENT )01111, al :.flaed Fr•4 y, Octobe 3, 2000, t 5:00 p.m. THE WYLIE MUNICIPAL••M'LE - CHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE RE a.1 v-r 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. WYLIE CITY COUNCIL AGENDA ITEM NO. October 10, 2000 Issue Hold a public hearing to consider and act upon approval of a request Richard Parker for approval of a zone change from A(Agriculture)to I(Industrial), on property generally located at the southwest corner of FM 544 and Sanden Blvd., and being all of a certain 34.412 acres out of the Duke Strickland Survey, Abstract No. 841 and the I. Clifton Survey, Abstract No. 193, City of Wylie, Collin County, Texas. Background At their September 19, 2000 meeting, the Planning and Zoning Commission recommended that this zoning change request be denied without prejudice. This action will allow the applicant to resubmit the request with additional specific uses and conditions or when the uses and conditions of the Zoning Ordinance are revised. The applicant is requesting rezoning on 49.508 acres in order to develop their property with industrial uses. The property to the north is zoned A (Agriculture) and is vacant. The property to the east is A (Agriculture) and is vacant. The property to the south is zoned A(Agriculture) and SF-1 (Single Family residential) and is developed with residential homes, and the property to the west is zoned A (Agriculture) and I (Industrial) and developed with one residential home, and the remainder is vacant. Public Comment Forms were mailed to twenty-one(21)property owners within 200 feet of this request. Six forms have been returned, two in favor and four against the zone change request. Financial Considerations Rezoning application fee in the amount of$250.00 -Paid Other Considerations The Comprehensive Plan recommends country residential uses for the area, which consist of single family detached houses, one acre minimum. The proposed zoning and land use are not consistent with the Comprehensive Plan, and is not compatible with the surrounding development and zoning. If the requested zoning change is approved, the applicant will be required to submit preliminary and final plats and site plan for approval before development can begin on the property. Board/Commission Recommendations At the September 19, 2000 Planning and Zoning Commission meeting, the Commission recommended to deny ZC 2000-8 without prejudice to allow the applicant to resubmit when either he has specific uses and conditions sufficient for a Planned Development District to comply with the intent of the Comprehensive Plan or revisions to the industrial district of the Zoning Ordinance are complete. Staff Recommendations Staff does not recommend approval. This proposed zone change does not comply with low-density residential recommendation of the newly adopted Comprehensive Master Plan and existing neighboring development. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Returned Public Comment Forms Prepared by Re ed by Finance City Man r proval 10/02/2000 22:52 9724423125 RP INC PAGE 02 1 • RICHARD PARKER, INC. P.O. Box 307 1 Wylie,Texas 75098 (972) 442-5114 1 i i October 3,2000 i Claude Thompson Senior Planner City of Wylie Wylie,TX 75098 Mr. Thompson: Please withdraw my zoning case#2000-10 from the council agenda. 1 would like to resubmit the propetty at the time of council adoption of the Special Land Use Category-Business Center. H Richard Parker 1 _ I . i . 1 1- ` 1 west drown Street ` r' .. ,,. '//' ----1"-r-- II SUBJECT PROPERTY .�L.' 1 I 1 t ____ — I i 1 r_-� 1 ! �� % 41 ' i t \ ! I I -_ I / ; fa '. �;. F. M. �� { soh` ti ..w k f- c.�� 4'�i. tti tiff•�-..:--. �.. !' ; � ''s"-,•_ ate co i ' c i j c to I ! / A f I 1 / 1 i 1,1 MI 1 J I . 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Ok4C.O.• --:%," -,;-;:.-.7-2 ----„,...--,..- R-6841-000- 1 I.--; ...,•,...,_•.-1-4. -.....r.,,, . 0 -- --,,,,,--,-,,, -,..,11).• ,....,..•. 4 0130-1 •,z.,,...__,..-,47....-44-•,.-3,--Y4.• ..--,_.,-1 Q) 1 -i c t oz- c.r.2-4 -v -- ,-e:s.-7,• I W.I.S.D •-3; ..i.,:st, --:, 1 r. : ,.1 R-6841-0CG- 0 7,-,--'1. —.—.—.-----.—.—.—.1 0140-1 • t- CO i • • . 1 i •\. i1 •-....._ i 1 •"1 • I i C a) I j •'N, C :>I I CJ 7. (/) i 1 .) i 1 i i 1 i i 1 ( 1 ; . PROPERTY OWNER NOTIFICATION MAP • • ZONING CASE #2000-08 • NOTIFICATION .DEPORT APPLICATION FILE #2000-08 APPLICANT: Richard Parker P.O. Box 307 Wylie, Texas 75098 # II BLK/ABST I LOT/TRACT I TAX I.D. # PROPERTY OWNER NAME I ADDRESS i Applicant P.O. Box 307 Parker Wylie,Texas 75098 1 Absf 841 Tracf 1 R-6841-000-0010-1 Richard P.O. Box 1042 Sholz Wylie, Texas 75098 2 Abst 841 Tract 1 R-6841-000-0010-1 Ida Pearl P.O. Box 546 Wylie, Texas 75098 3 Abst 841 Tract 13 R-6841-000-0130-1 F.O. Birmingham Trust 1001 S. Ballard Avenue Wylie I.S.D. Wylie, Texas 75098 4 Abst 841 Tract 14 R-6841-000-0140-1 6800 Coit Road R-6563-000-0020-1 Frances Bates Wells Plano,Texas 75023-1003 5 Abst 563 Tract 2 1001 S. Ballard Avenue lie I.S.D. Wylie, Texas 75098 6 Abst 563 Tract 3 R-6563.000-0030-1 ' P.O. Box 1042 Wylie, Texas 75098 Sholz 7 Abst 193 Tract 1 R-6193-000-0010-1 Ida Pearl1001 S. Ballard Avenue Wylie I.S.D. Wylie, Texas 75098 8 Abst 193 Tract 2 R-6193-000-0020-1 1001 S. Ballard Avenue Wylie,Texas 75098 9 Abst 193 Tract 16 R-6193-000-0160-1 Wylie I.S.D. 601 Sanden Blvd. Sanden Addn lie, Texas 75098 10 Blk A Lot 1 R-2447-00A-0010-1 Sanden • Collin County International 210 S. McDonald Street 11 FM 544 Commissioner's Court McKinney, Texas 75069 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE ,. Zoning Case Number: 2000-08 Applicant: Richard Parker Location: Generally located at the southwest corner of FM 544 and Sanden Blvd. Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agriculture) Requested Zoning: I(Industrial) • Proposed Industrial uses This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,September 19,2000,7:00 PM City Council: Tuesday,October 10,2000,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you arc unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(f applicable) on the enclosed form and return it to the follawing address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing_state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information.please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103,or(TDD) (972)442-8170 for assistance. RECEIVED • our�t _-- tn be rarpon.ahle stewards tithe puhhc trust. J U L 1 8 2000 -- to strive for excellence in public service.and to r re the quality of life for alL CITY O�Y IF = City APPLICATION FOR A CHANGE IN ZONING Zoning Case No. (no 0 — (PLEASE TYPE OR PRINT) The Following Information To Be Supplied By The Applicant: Name: �G�l.4•eo /�C Contact Person: j) Address: f 0 P x 3 07 City: (t i I,c State: /� Zip: 7Jo 9A' Telephone:(Q7t1 -1414 Z S/ /V Fax:. q72. Z - 3 z. • igna ure of Applicant The Following Information To Be Supplied By The Owner: Name: ' Ole. CAS JP 'Tess: City: State: Zip: Telephone: Fax:: E-Mail I Am The Owner Of The Herein Described Property, And Is Authorized To File This Application On My Behalf. Signature of Owner Location of Request: S cI K ) S.q,v,9 Er✓ Existing Zoning: R4 Acreage Atixiszerm 3c1-•.c.t *Requested Zoning: ENO-JS -rte.t•'i- Explanation: " All requests shall be advertised for the requested district and/or any other district which is more restrictive by area requirements,land use and height. A legal description of the property for which the zoning change is requested must be completed as"EXHIBIT A"and attached hereto. The description shall include the distance and bearing of the point of beginning from the nearest intersection of streets or roads. Use a TYPEWRITER and sign where indicated. r� kworddo splannintarpliation xaul.dx .ce Filed: r 1 i 0 Receipt No.: o � S o� 63, [Pending Plat: City of Wylie.Dcveloptneut Sen•ic.es Departnteut 2000 I lighway 78 North+ «' lie.Texas 75093+ 972-442-3150+ 972•442.8154 Fax N. PROPERTY DESCRIPTION ' • TRACT I . ,Ing - tract of land situated In the Duke Strickland, Survey, Abstract 841"end"the I. Clifton ' "'• irvt. .bstract No. 193, City of Wylie. Collin County, Texas and being part of a 94.9 acre tract tanu conveyed to Ida Scholz and Cecilia Wood by deed recorded In,Volume 3367, Page 230. red Records. Collin County. Texas and being more particularly described as follows: r,tinning at a I.2•• iron rod found on the west line of a 2 387 acre tract of land (Tract E:) :veved to F 0 Birmingham Memorial Land Trust by deed recorded in County Clerk's File c.niber 92-0091825, Land Records. Collin County, Texas for the northeast corner of a 15 296 • c ri• tract of land (Tract B) conveyed to F 0. Birmingham Memorial land Trust by deed worded to County Clerk's File Number 92-0091825. Land Records. Collin County. Texas; hence. South 86'33'57' West, (Basis of Bearings) along the north line of said 15.296 acre ract. a distance of 570.17 feet to a 60d nail found in the base of a Bois d'arc tree for the •iorthwest_corner of_said.0 acre tract: _- •. - Thence. South 00'00'00"West, along the•west line of said 15.296' acre tract,•at a distance of - 696,78,feet a 5/8" ,capped .iron rod set in fence for reference and in all a distance of 788 59 feet to a point for corner in the center 'of Muddy Creek and on the north line of• a • • :17 •247 acre tract of land (Tract A) conveyed to The Wylie Independent School District by deed .. recorded 'under County Clerk's File Number 92-0092602. Land Records, Collin County, Texas:,. • Thence. Northwesterly,'along the centerline of said Muddy Creek, and the northerly lines of ' said 37.247 acre tract as follows: • ••'/ • •• ' • • North 22'06'04' West. a distance of 50.98 feet to a point for corner; North 45'55'34" West, a distance of 248.50 feet to a point for corner; North 69'32'04: West, a distance of 366.50 • feet to a point for the north corner of said 37.247 acre tract and an east corner of an 8 8866 acre, tract of land conveyed to The Wylie Independent School District Board of Trustees by 'deed recorded under County Clerk's File Number.95-0042768. Land Records, Collin County. Texas. said point being North 17-31'38" East. a distance of 176.56 feet from the southeast • corner of said 8.8868 acre tract; T) ce. Northwesterly and Southwesterly, along the northerly lines of said 8.8866 acre tract and t• enterline of said Muddy Creek as follows: North 20'49'44' West. a distance of 90.00 feet to a point for corner; North 21'14.21' East, • • a distance of 110.00 feet to a point for corner: North 58'52.34" West. a distance of 121.60 feet to a point for corner; South 14'56'26' West, a distance of 121.00 feet to a point ' for corner: North 75'06'24' West, a distance of 117.90 feet to a point for corner; North 19.28.09- West. a distance of 70.00 feet to a point for corner: South 76'27'26" West, a distance of 181.80 feet to a point for corner; North 10'43'41" East, a distance of 114.80 feet to a point for corner; North 56'54'59" West, a distance of 208.30 feet to a or corner. North 17'36.33' East. a distance of 173.70 feet to a point for corner. orth 44'50'04- West. a distance of 73.00 feet to a point for corner; South 45'51'51" West,' a distance' of 76 81 feet to a point for corner; South 42'49'41' West. a distance of 93.10 feet to a point for corner: South 72'55 58 West. a distance of 108.18 feet to a point for corner on the east line of a 33.8983 acre tract of land (Tract I) conveyed to Wylie Independent School District by deed recorded under County Clerk's File Number 95-0012336..Land Records. Collin• •County. Texas for the northwest corner of said 8.8866 acre tract: • ' -.-•- ••• Thence. North 04'15'46" East, along the east line of said 33.8983 acre tract, at a distance of 28.99 feet a 5/8" capped iron rod set in fence for reference and In all a distance of 600.71 feet to a 5/8- capped iron •rod set on the south line of a 9.9031 acre tract of land (Tract 11) conveyed to Wylie Independent School District by deed recorded under County Clerk's File Number 95-0012337, Land Records, Collin County, Texas for the northeast corner said 33.8983 acre tract: Thence. South 87'43'49"•East, along the north line of aforesaid 94.9 acre tract, the south line of said 9.9031 acre tract and a south line of a •tract of lend conveyed to Frances B. Wells by deed recorded in Volume 90, Page 136. Deed Records. Collin County. Texas, a distance of 14;35 05 feet to n 5/8' capped iron rod set for coiner on the southerly right-of-way line of F.M 544 (120' R.O.W.) is being In' a curve to the left having a central angle of 04'05'57', a radius of 5789.58 feet and a chord which bears South 74'08 24- East. a distance of 414.13 feet: Thence. Southeasterly along the- southerly right-of-way line of F.M. 544 (120' R.O.W.) and said %•carve to the left, an arc distance of 414.21 feet to a concrete right-of-way monument found for •s..orner. . once, South 39'45'49" East, along 'the southerly right-of-way line of F.M. 544 (120'• R.O.W.); • o distance of 31.91 feet to a 5/8" capped Iron rod set for the northwest corner of,said •. 2 387 acre tract; • Thence: South 03'58'29" East, along the west line of said 2.387 acre tract, a distance of 407.60 . fret to the Point of Beginning and. containing 1,498.980 square feet or,_34.412 acres"of-land: SEP-25-00 11 : 12 AM ROD. TAYLOR 9724429933 P. 02 • PUBLIC COMMENT FORM (PlowOpo or um black Ink) P Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notico for Zoning Case #2000-08. k / I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case 82000-08. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19.2000,7:00 pm Municipal Complex,2000 Highway 78 North Wylie,Texas • Date.Location&Time of City Council meeting: Tuesday,October 10,2000,7;00 pm Municipal Complex,2000 Highway 78 North Wylie,Texas Name: Rut IR1(l o f. Olean print) Address: 601 So tlf S Ae►- f it[d , Wylie Tax Account Number ___--_ (if shown on enclosed map): R- 1,..7 0 A - CIO 10- 1 Signature: ) Date: C1• I'i•0 0 COMMENTS: C� .. the c)c rr bC-eiL�. 1tr I. 6V-t. iS -t... Fu.e..`(rytfKT. Gi faty NA-0mAtiv it��vitnAer-1 k F\1,(nni <lR, ,f,... IR`.�8. MA hil4..A Li,,.Ll C tt lb LU14 I t-� `�'tkUse t' ',. L `7: tint zcm►L �- eoeX 6y,r4K4,0 & St) P ill I�a�ti, ,•I.r,J - QY(poy)- A ,� tr`� M v�t r'A. rs,tr.& . D wyt tt•-t . SA2., 6(3 PIk-i. P \ i � tt..kltrt,ANstAX 1 Atic[A — pt l 11.-( R ri•-c. v r,r1 .if lw 4!►nt.'C.� tlti, �A[w'hl�ln..�rti� 11��. G1,11. PNuslno.41 e-) I.N, 111.4 Art,e.a....p t11e �uAL l.t W l�,�uL 'Tt, (�( it , 1 i t 1- - 1 hAri f ltY LV. r P • �ttcv44 Yov .. 1r�tX� GIMJ t CievwSte vv.,— , lEgEOW1 - s1-7 2 5 WYLIE CITY COUNCIL AGENDA ITEM NO. 21, October 10, 2000 Issue Hold a public hearing to consider and act upon approval of a request from the Franklin Ovid Birmingham Memorial Land Trust for approval of a zone change from A(Agriculture)to I (Industrial), on property generally located at the northeast corner of Hooper Road and Hensley Lane, and being all of a certain 49.508 acres out of the L.K. Pegues Survey, Abstract No. 703, City of Wylie, Collin County, Texas. Background This zone change request was tabled at the 9/19/00 P&Z meeting, in order for the applicant and neighborhood residents to meet. The applicant is requesting rezoning on 49.508 acres in order to develop their property with industrial uses. The property to the north is zoned A(Agriculture) and is vacant. The property to the east is A (Agriculture) and is vacant. The property to the south is zoned A(Agriculture) and SF-1 (Single Family residential) and is developed with residential homes, and the property to the west is zoned A (Agriculture) and I (Industrial) and developed with one residential home, and the remainder is vacant. Public Comment Forms were mailed to twenty-one(21)property owners within 200 feet of this request. Six forms have been returned, two in favor and four against the zone change request. Financial Considerations Rezoning application fee in the amount of$250.00 -Paid Other Considerations The Comprehensive Plan recommends country residential uses for the area, which consist of single family detached houses, one acre minimum. The proposed zoning and land use are not consistent with the Comprehensive Plan, and is not compatible with the surrounding development and zoning. If the requested zoning change is approved, the applicant will be required to submit preliminary and final plats and site plan for approval before development can begin on the property. Board/Commission Recommendations At the September 19, 2000 Planning and Zoning commission meeting, the P&Z recommended to table ZC 2000-10 in order for the applicant and the neighborhood residents to meet. Staff Recommendations Staff does not recommend approval. This proposed zone change does not comply with low-density residential recommendation of the newly adopted Comprehensive Master Plan and existing neighboring development. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Returned Public Comment Forms OPe4. , ---- Prepared by evi ed by Finance City Man. : /t:proval fli .• Subject Property 1 0 / sill �`__ UU & R VII i w 1kit .. ... ..rt .J \ a insto: \ Al , 1 c. a 1111 11144 Wllllllhluia .rrl!! o o ` ..'` / ^ I rk r 1 j / - / ni i i iii LP/ii‘44\ LOCATION MAP • ZONING CASE #2000-10 . . ..------------------------------ 1 I I i • I - . I I 0 i 1 •.‘ II( o < i 1 • < vr •.\. 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'SiP.- .C4', ...`;;.,.•' . i t . s;;4_,.,, • 41.-.' ; :'?„.. la__;,-e,^..., : 7'1.. --4,..'sz '.'1.-,-.....-?:-/1-". ..7-'''.-_-• < . ; L,- • - '-1;;f 4" 9''Ir.-.;-14-'r, --1:::,•,4: ' '%;:.1,':,'`..:,fi:..7,-, -,:ir.',1--.. -----1 '., ' --.-•,-,r••••0::'-,r07-=4:. . 0-1-4- --''==-7,,-.'..;•4.-4,- --,. _ . A . '•-lOrs.,4* ...o•:,-/r4A•e..474‹.1,1`9=5--'-' ` ' ' '''' .- iii- . ense or Rich •. • N.VanCleeve i W.M Speed i R.Miler 1 W. R-6438-000- i R-6438-000- i R-6438-000-i R-60090.193-000- 0010-1 1 ii ! 1 0060-1 i 0140-1 L I I: R-6193-000- 1 1 1 1 • 0100-1 I i • i 1 1 1 1 i 1 1 1 1 i i 1 1 i i 1 1 i i 1 1 i 1 r 1 t t t t 1 i , I i 1 i i 1 i ...1 PROPERTY OWNER NOTIFICATION MAP _ ._._._.._.._ ._.... ZONING CASE #2000-10 NOTIFICATION REPORT APPLICANT: F.O. Birmingham Memorial Land Trust APPLICATION FILE #2000-10 301 N. Ballard, P.O. Box 546 Wylie, Tx. 75098 TAX I.D. # I PROPERTY OWNER NAME I ADDRESS �� # BLK/ABST LOT/TRACTI Applicant P.O. Box 546 as 1 Abst 703 Tract 5 R-6703-000-0050-1 Birmingham Trust-c/o Bill Lewis Wylie,Tex Box 5 6 75098 Applicant 2 Abst 703 Tract 6 R-6703-000-0060-1 Birmingham Trust-c/o Bill Lewis Wylie,Texas 75098 1197 PSC 76 Silsbee APO,AE 0972-1101 3 Abst 703 Tract 2 R-6703-000-0020-1 Tomi TXU P.O. Box 219071 4 Abst 703 Tract 4 R-6703-000-0040-1 State &Locals,Texas 75221-9071 TXU Tax Dept. DallaP.O. Box 219071 1-9071 2 Texas 7 52 5 Abst 703 Tract 9 R-6703-000-0090-1 State &Local Tax Dept. Dallas,P.O. Box 51042 Ida Pearl Scholz Wylie, Texas 75098 6 Abst 703 Tract 7 R-6703-000-0070-1 Birmingham Land Trust P.O. Box 546 Wylie,Texas 75098 7 Abst 703 Tract 6 R-6703-000-0060-1 c/o Bill Lewis 2000 Hwy. 78 North Wylie, Texas 75098 8 Abst 193 Tract 5 R-6193-000-0050-1 City of Wylie331 Hensley Lane 9 Abst 193 Tract 7-9 R-6193-000-0079-1 Mae Belle Hensley Wylie, Texas 75098331 Hensley Lane e, Texas 75098li 10 Abst 193 Tract 7 R-6193-000-0070-1 Mae Belle Hensley Wylie, 33 Hensley Lane Wylie, Texas 75098 11 Abst 193 Tract 9 R-6193-000-0090-1 Ronald Miller 200 Hensley 12 Abst 193 Tract 10 R-6193-000-0100-1 Worth M. Speed Wylie, Texas 75098 200 Hensley Wylie, Texas 75098 13 Abst 438 Tract 14 R-6438-000-0140-1 Worth M. Speed108 Hensley Lane 14 Abst 438 Tract 6 R-6438-000-0060-1 Norlan Van Cleeve Wylie, Texas 75098 102 Hensley Lane Wylie, Texas 75098 15 Abst 438 Tract 11-9 R-6438-000-0119-1 Wayne Rich 932 Hooper Road 16 Abst 835 Tract 18-9 R-6835-000-0189-1 Timothy Johnson Wylie, Texas 75098B C.Wood Estate P.O. Box 1042 17 Abst 835 Tract 17 R-6835-000-0170-1 c/o Ida Pearl Scholz Wylie, Texas 75098 P.O. Box 51676 Pennington Amarilo,Texas 79159-1676 John 18 Abst 835 Tract 39 R-6835-000-0390-1TXU P.O. Box 219071 State &Local Tax Dept. Dallas,Texas 75221-9071 19 Abst 835 Tract 41 R-6835-000-0410-1 P.O. Box 51676 John Pennington Amarilo,Texas 79159-1676 20 Abst 835 Tract 16 R-6835-000-0160-1 2902 Carlisle #200 Hooper BusinessPark Lyons Equities, Inc. Dallas,Texas 75204-4078 21 Bik A Lot of10R-2589-OOA-0100-1 I • NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 2000-10 Applicant: Franklin Ovid Birmingham Memorial Land Trust Location: Generally located at the northeast corner of Hooper Road and Hensley Lane. Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agriculture) Requested Zoning: I(Industrial) Proposed Industrial uses This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,September 19,2000,7:00 PM City Council: Tuesday,October 10,2000,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your • name,address of the property you own and the tax account number(if applicable)on the enclosed form and return it to the follawing address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing.state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103,or(TDD)(972)442-8170 for assistance. FIELD NOTES BEING situated in the L. K.Pegues Survey, Abstract No. 703,Collin County,Texas and being a part of the land conveyed to Birmingham Land Trust by deed recorded in Volume 4194, page 1852, Deed Records,Collin County,Texas and being more particularly described as follows; BEGINNING at the northwest corner of said tract,a 1/2"iron rod set for corner,being the intersection of the east line of Hooper Road and the south line of the TXU Electric Tract recorded in Volume 577,page 3351; THENCE S 89°50'30"E along said south line,a distance of 469.0 feet to a 1/2"iron rod set for corner, THENCE South,a distance of 50.0 feet to a 1/2"iron rod set for corner, THENCE S 89° 50' 30"E along a south line of said TXU Tract passing a 1/2"iron rod at a distance of 170.81 feet and continuing in all,a distance of 175.81 feet to the centerline of Muddy Creek; THENCE along the centerline of said creek the bearnings and dimensions as follows; S 29°52' 11"E 49.28 feet S 21°42'55"E 42.43 feet S 53°53' 16"W 87.20 feet S 39°58'38"W 41.60 feet S 30°47'50"E 25.50 feet S 82°21'05'E 30.76 feet S 81°29'31"E 62.27 feet S 43°21°03"E 164.76 feet S 17° 15'38"E 49.78 feet ,S 66°35'06"E 79.05 feet S 4° 16'39"W 54.22 feet S 27°33'38"W 28.50 feet S 3°09'22"W 30.20 feet S 66°24'54"E 83.19 feet S 29°26'27"E 45.91 feet N 75°29'26"E 13.64 feet S 61°02'05"E 32.54 feet S 3 1°48'50"E 16.62 feet S 55°36'44"E 137.92 feet S 34°52'26"E 43.90 feet S 54°59'51"E 32.55 feet N 70°02'32"E 25.85 feet S 79°06'04"E 46.12 feet N 79°38'45"E 28.70 feet S 87°45'23"E 52.01 feet . S 33° 14'55"E 84.27 feet S 3°42'31"W 37.28 feet S 46° 15' 18"E 72.74 feet S 3°27'20"E 67.92 feet S 37° 16'58"W 44.04 feet S 6°29'08"W 81.0 feet S 4°38'E 68.53 feet S 35°42' 12"E 84.12 feet to the east line of said tract; THENCE S 1°36'25"W along said east line,a distance of 646.61 feet to the centerline of County Road 297(Hensley Road)a l/2"iron rod set for corner, T HENCE N 88° 16'W along said centerline,a distance of 1409.49 feet to the east line of Hooper Road, a 1/2"iron rod set for corner, THENCE North along said east line,a distance of 1852.94 feet to the point of beginning and containing 49.508 acres of land. I, Roy H. Briscoe, a Registered Professional Land Surveyor of the State of Texas, do hereby certify the above plat was prepared by an actual survey of the land and all monuments,as shown hereon,were set or found under my personal supervision on this the /G' day of 2000 and there are no visual easements,encroachments,protrusions except as shown hereon. A portion of the above described tract does lie within a designated flood plain. Roy H. risc oe Won027 Jt j z 9 • • • Our ire be ...toresponsible � stewards of the public trust. .... to strive for excellence in public service,and +- eit� to j hone the quality of life for alL JL'. [• 5 _ City APPLICATION ti • • " I G Zoning Case No. ,c;?(O0— /0 • (PLEASE TYPE OR PRINT) The Following Information To Be Supplied By The Applicant: Name: .7 c2y%J wh'n 1."4" fi I I Ai 7çJ Contact Person:.�•' e" Address: 3o/ 1Yt F,70f-J f i O Ne 5 lit City: &11/ State:_ f ‘Le Zip:7 cal$ Telephone: l7 ni erto- ?If/ Fax:: ail h .."s y! $71e,gie.} c<1 Signature of Applicant ' " • The Following Information To Be Supplied By The Owner: Name: SQute Cr 5 a ILe‘-e ) Address: City: State: Zip: Telephone: Fax:: E-Mail I Am The Owner Of The Herein Described Property, And Is Authorized To File This Application On My Behalf. LCf i c. C Signature of Owner Location of Request: Greve, 01 gop #iu Existing Zoning: /7,, Acreage V, s 05 *Requested Zoning: _:✓!o%. Explanation: * All requests shall be advertised for the requested district and/or any other district which is more restrictive by area requirements,land use and height. A legal description of the property for which the zoning change is requested must be completed as"EXHIBIT A"and attached hereto. The description shall include the distance and bearing of the point of beginning from the nearest intersection of streets or roads. Use a TYPEWRITER and sign where indicated. __ Atiao tannin'aQplicauon�PPt' ate Filed: _'V. f00 . 2$'.Receipt No.: .g 7$ Lending Plat. City of Wylie.Development Services Department 2000 Highway 78 North+ Wylie,Texas 75098+ 972-412-8150+ 972.442-8154 Fax PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 • .� I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex.2000 Highway 78 North,Wylie,Texas Name: -,/// ,L 1...-.4,-/s- (please print) � � Address: ' a//�c1 P,i o,g 4 kiiiii(. 1 , 17' a/ e Wylie Tax Account Number ? 7 4/ 7D3_v00 -PI (if shown on enclosed map): !j 670i J= / ..? OaSO 1 v\`' ttt /fiE/'/ Signature: .`l�?� �j�( Date: 4p. 36 Od COM VENTS:: / / ,/ the nix5h- (z4 S chis' t''{S/ Jv•c7/a I. .,( krpu V rjd7l bµ a he wi e Se --i 4.4✓Q . ± tt/d k v O R II 11 ,4 li.f I'vt Y.f f D SEP 1 . 0 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 /I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: j C�i"11 ! ; I J b c' '.- (please print) Address: (.-SL. 7 i" \ •: i t Wylie Tax Account Number (if shown on enclosed map): _��V 3COO —`i �'�',\�(') l l Signature: C -T'2t i S> - (- ii Q-Q_ Date: 6 1---e o (r) C) lJ u COMMENTS: 9-0- /, ;LP 1 (0.--t7-7tt I' r) -tfin It Q n A7 .r-1 /-) -------) v /I PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19,2000, 7:00 pm • Municipal Complex,2000 Highway 73 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex.2000 Highway 78 North.Wylie,Texas Name: N 0 k t j4ToV)A w CLErA) F) (please print) - .... Address: I ti LE➢ LAN.) T L.) C a-s- --i-r . 4) a 9' . Wylie Tax Account Number %662.9! , O bDOppOJ(if shown on enclosed map): �yVSignature: .l.Z.� Date: 9 — ) 0 — 0ID COMMENTS: • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (;) C' F i H (please print) Address: ?_ C->C) ry {: s''L Y /••`�` C•c. Y L.. ! E '7- ^7 SSG 5• Wylie Tax Account Number (if shown on enclosed map): I\ 1 G LI 3 , COO •- p f 'O— !/_ (7 ( 1 ! —wn_ ' S 0 A Signature: A/t/ / Date: , /3/ is 65 COMMENTS: / k 7 7<- /) 1, 1T ir/-� COLONEL & MRS. WORTH M. SPEED 200 HENSLEY LANE WYLIE, TEXAS 75098 4 Sept 2000 References: a. Zoning Case #2000-10 b. The Wylie News, Wednesday, August 30 , 2000 To: City of Wylie, Department of Planning 2000 Highway 78 North Wylie, Tx. 75098 In reference b. above it was noted that two cases for Zoning case #2000-10 was issued. Comments in this letter pertains to reference a. above and the letter received from the City of Wylie Department of Planning. We are against the requested zoning as explained on the public notice for zoning Case #2000-10 . Location: At the northeast corner of Hooper Rd and Hensley Lane. Zoning Request change from A (Agriculture) to I ( Industrial) for the following reasons. a. This general request gives full discretionary power all inclusive for any use permitted in the B-2 , business district, B-1 , business district and R, Retail district except child care facilities, hospitals, nursing homes, schools (other than trade) . Such extensive wide range could mean anything is allowable which is objectional because of the close proximity (across the street) from our recently new residential home. The type of structures and associated vehicle traffic would be unacceptable. b. It is noted that schools could not be built in an Industrial zone and the WISD High School is already existing. An Industrial zoning should not be allowed in close proximity to the school. Respectfully yours , , .,/2r4- L WORTH M PEED (USAF Ret) & Mrs. Worth M. Speed PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 14(i,e .&2Z-e WO)052e, (please print) Address: .33/ /ye.vS Le)) Z.AL te-O93 - Odd - c)42A-i' Wylie Tax Account Number p (if shown on enclosed map): !� -< 4&f �daa ' Od ice, Signature: ?/7&(,�Ol�i %.) d&tid7:, Date: ?- /?•a& 3 6 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-10. V. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ha a F 41 Ica.a w r e. M t !�e V (please print) Address: 3 3 4 r 'iS (e � 1A-Al x 0 7 so Wylie Tax Account Number // (if shown on enclosed map): (, 1 l 3 ` 00o -0 0 990 . I SignaturelOYV1.1 1-, MALL) /!t,[ Date: 13 S 7„c2fir COMMENTS: S 2 A-CCamP yln'6 L 777 7 • P 1/2. & S'l'if-,•t2-L r D Po$eD Tv R??ZOA /AJ6 re 1/V7)i s 7*/4.L , L6 'F ir c t- -- 7'1 ?- V,4/?ioa_c kts'i Dp-iiIc pe/- o�'eT) _4J 4 41 s /DF-- - 36- . Q s is 1AIor A /OR(A. De'1— a ,--7/4 5l a A) / u. 4V• 7-• . -- Jl 4f h7 �P- Apt/ 4eW-4 c ueleo u4/Q E a Y /1-AJ_D so GLose- 7 , i 4X y Q f D&c6--f. 74Is w'Ct- Dffikey A pe-4cFrui i4?s/1 FAI771 - 14R 7 /P 1Q -00✓�;J jv /N2) 7 i4-.Z - Ronald F. Miller 334 Hensley Lane Wylie,Texas 75098 (972)442-9136 September 18,2000 City of Wylie Department of Planning 2000 Highway 78 North Wylie,Texas 75098 Re: Zoning Case Number 2000-10 Dear Sir: On August 22, 2000, we received a notice from the city concerning the application for rezoning the property (approximately 60 acres) located at the corner of Hooper and Hensley Lane to an Industrial zone. Our property is within the 200 foot notification area. As a land owner we would like to go on record as protesting the zoning changes for the reasons as follows: • The value of our property will depreciate. • The homes built on Hensley Lane and Hooper were built with the intention of enjoying peace and quiet with pleasant surroundings. • Hensley Lane and Hooper Road are not built for heavy traffic. • Access to highway 544 is very dangerous. • There are no street lights and the roads are not maintained. • The additional heavy equipment and large trucks will add to the already poor conditions of the roads and current heavy traffic. • Changing the zoning to Industrial opens up a wide variety of businesses that could be built in the area. Industrial Businesses would be extremely undesirable in an already established residential area. • Most Industrial areas do not have strict guidelines, therefore the appearance and maintenance becomes a problem. We have noticed that the industrial areas in Wylie and other communities,become eyesores because of the lack of concern for surrounding areas. Please take in consideration the current homeowners. The property on Hooper and Hensley would be a beautiful site for single family homes; ideal setting with the High School close by. Please reconsider. Sincerely, Ron& Joanne Miller b7L 4 �. `/Li,}v1l t WYLIE CITY COUNCIL AGENDA ITEM NO. 3 October 10, 2000 Issue Hold a public hearing to consider and act upon approval of a Replat for the Fountain Plaza Addition, generally located at the southwest corner of Stone Road and Ballard Avenue, and being all of Lot 31-A, Block 1 of the Meadows Addition, of a certain 0.961 acres out of the A. Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Background The purpose of the replat is to dedicate right-of-way for improvements to East Stone Road South Ballard Avenue. The final plat under consideration is a Replat for Fountain Plaza. The applicant is final platting 0.961 acres of land in order to develop the property with office uses. Specifically, the applicant is proposing to develop the property with an office building. The property is currently vacant, platted as Lot 31-A, Block 1 of the Meadows Addition, and zoned R for Retail uses. Financial Considerations Plat application fee—Paid. The applicant is aware that water and sewer impact fees in the amount of $2,597.53 must be paid prior to filing the pat with Collin County. Other Considerations Staff has reviewed the proposed Replat for the Fountain Plaza Addition and found it to be in compliance with the Subdivision regulations and other pertinent ordinances of the City of Wylie. This plat also complies with all applicable state subdivision laws. Board/Commission Recommendations At the September 19, 2000 Planning and Zoning commission meeting, the P&Z recommended approval of this replat. Staff Recommendations Approval. The Departments of Public Works, Fire, and Development Services concur with this recommendation. Attachments Plat Application Final Plat C , Prepared by evie by Finance City Mana r royal Our Mission.. ...to be responsible stewards of the public trust. to strive for excellence in public service,and to enhance the quality of life for alL qty of Wyte .pplication For °Preliminary Plat 0 Final Plat ,Replat °Vacation of Existing Addition All rules and regulations established by the Subdivision Ordinance,City of Wylie,Texas,and Texas Local Government Code,Title 7.Chapter 212,Subchapter A. -• Engineer/ � Phone: 0711/4 40-I Ov Surveyor: CA�tL LA`` ir2sr_t Vyce.5 f? C. Fax: Address: 1DOS MALL De. City: (4ELANID State: Zip: 75041-3 T XOwner: /Ccc�t Sari J�',''. O h Phone:9 -� '�g25 )(Address: �1_Cr *hafi Cl Fax: 970 xFi al�O City: Ui jl i f State: —X Zip:-4,50q� Other: Phone: Address: Fax: City: State: Zip: Location of Property(Address if Applicable) MO �. 'A1-LARp Av" �.y�• t or tier' footitara 4 Y►_e. Proposed Subdivision Name: 'FOCI,iTAtt1J PLAZA Survey Name: AL Lo ATTegvetvgy Abstract No.: 1'L 1 �,-, 7�J Acreage O. Existing Zoning: -ge AeiL Pending Zoning: *Please provide a building Improvement survey,if the property has existing improvements. Is this a replat of an existing recorded subdivision? V Yes No If yes,give name and date when the original subdivision was filed for record ate County Deed Records: Subdivision Name: -t-U� tV A9Qw`5 or IJJ`CL ` N Date Filed: Volume: Page: Number of lots within original subdivision: Proposed lots: If applicable,complete OExhibit AG as evidence that all owners of property within the subdivision join in this application to vacate. Was this subdivision restricted by zoning or deed restric' ns to single family or two family residential dwelling use within the last five(5)years? Yes No I am authorized to make application for a subdivision on behalf of the owner of this property. Agent The above person is my representative,authorized to make application for a subdivision on my behalf and I am the owner of the property for which this application is made. Owner F qtr'16-r‘' For Office Use Only: Date Filed: • Receipt No.: Atno�mtS • PeadiagZaning Case(tf Applicable)df A:lworddoceplaimineappliation`platap.doc City of Wylie, Development Services Department 2000 Highway 78 North+ Wylie,Texas 75098+972-442-8150+ Fax 972-442-8154 • "EXHIBIT A" Legal Description of Area Proposed for Subdivison. LOT- st A , SLocK • • • • I certify that to the best of my knowledge, this is an accurate description of the property upon which I have requested a change in zoning. I understand that I am fully responsible for the legal description given above. Date: Signature of Applicant: Page 2 of 2 WYLIE CITY COUNCIL AGENDA ITEM NO. 4 October 10, 2000 Issue Consider and act upon approval for Work Order No. WYL-34A authorizing the Hogan Corporation to proceed with lift station, force main, and gravity sewer improvements along a route from the existing Rush Creek Lift Station to its proposed relocation site and from the proposed relocation site to the existing Twin Lakes Lift Station. Background On September 28, 1999, Council approved Work Order No. WYL-34 in the amount of $73,200 authorizing the Hogan Corporation to proceed with the design of a submersible pump style lift station, approximately 10,000 linear feet of 14 inch diameter force main, manholes, and related appurtenances. The estimated project construction cost was $850,000. The original project scope included utilization of an existing abandoned mud line which runs parallel to Rush Creek from the site of the existing Rush Creek Lift Station on Stone Road to the vicinity of the proposed location of the new Rush Creek Lift Station anticipated to be located near Troy Road and Beaver Creek. Engineering analysis has concluded that use of the existing abandoned mud line is unfeasible due to its small size and deteriorated condition. The proposed Work Order No. WYL-34A replaces the original work order in its entirety. The scope includes design and construction phase services for the following items: • Submersible pump style lift station; • 3,600 linear feet of 36 inch diameter gravity sewer; • 4,200 linear feet of 30 inch diameter gravity sewer; • 4,000 linear feet of 20 diameter force main; and • manholes and related appurtenances. The new 30 inch gravity sewer will carry wastewater from Stone Road to the new Rush Creek Lift Station, and the new lift station will pump wastewater through the force main for a distance of approximately 4,000 feet. From that point, the wastewater will be carried by the new 36 inch gravity sewer to the existing Twin Lakes Lift Station. The estimated construction cost for the proposed project is $1,400,000. Financial Considerations The proposed improvements are identified in the 1999 Bond Program as Sewer Main Improvement projects S 1 and S 1 A. A summary of the engineering fee is below: Summary of Fees Design Phase Engineering $80,000 Bid Phase 2,500 Construction Phase 11.700 Total Fee $94,200 Cost for topographic surveys, boundary surveys, and geotechnical investigations are not included in the Engineer's fee and will be performed by others with the Engineer's assistance and coordination. Other Considerations The scope of the proposed services are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and the Hogan Corporation (Engineer), as approved on July 27, 1993. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of Work Order No. WYL-34A. Attachments Work Order No. WYL-34A P pared by Revie by Finance City Manag pproval WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO.WYL-34A This will constitute authorization by the City of Wylie,Texas(Owner), for The Hogan Corporation, Engineers-Planners-Consultants, Dallas, Texas (Engineer),to proceed with the following described engineering services. RUSH CREEK LIFT STATION,GRAVITY SEWER AND FORCE MAIN A. PROJECT DESCRIPTION The Engineer shall perform the Design and Construction Phase Services and such other related Additional Services that may be authorized by the Owner for the construction of the Rush Creek Lift Station and Force Main. This project includes a submersible pump style lift station, 3,600 linear feet of 36-inch diameter gravity sewer, 4,200 linear feet of 30-inch diameter gravity sewer and approximately 4,000 linear feet of 20-inch diameter force main, including manholes and all other related appurtenances. Based on the proposed design and scope of project, the projected construction cost for the proposed improvements is $1,400,000.00. This cost projection is prepared for budget purposes only and is not guaranteed as the exact amount which will be bid for furnishing and installing the proposed improvements. A map is attached to show the general location and limits of the proposed project. The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation(Engineer),as approved on July 27, 1993. B. PRE-WORK CONFERENCE The Engineer will meet with the Owner and other appropriate entities to discuss the design criteria, work program and schedule, procedures of communication, additional surveys, assignments of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this project. Other work and review conferences will be scheduled throughout the progress of developing the project. -1- August 2000 C. DESIGN PHASE 1. Preliminary Planning a. Confirm the design criteria requirements, funding, and schedules with the Owner. b. Perform a field review of the existing conditions along the route of the project site to identify areas of special concern in design and possible problems to resolve. c. Determine right-of-way and/or construction easement requirements where required. d. Establish priorities for construction and scheduling for coordination with other projects in the area. e. Establish the scope of topographic and boundary surveys required for the design to be performed by others, and coordinate same. f. Establish the scope of any soil and foundation investigations or special testing which may be necessary for the design of the Project, and with Owner's approval, arrange for such investigation and testing to be conducted for the Owner's account, and interpret the results of these investigations. g. Consider interrelationship of proposed system with respect to anticipated future subdivision development and associated wastewater infrastructure. h. Prepare update of construction cost projection. i. Proceed,upon direction of the Owner, with the Design Phase services of the selected plan. 2. Preliminary Design a. Reduce and plot field notes of profile, cross-sections, and topography. If weather conditions and scheduling of the Owner permit, aerial photographs may be considered in preparing the construction drawings. b. Confirm existing utility (water, sewer, drainage, gas, cable, TV, telephone, electric)locations,based on information furnished by utility companies. -2- August 2000 c. Establish preliminary alignments for the force main and gravity sewer and a preliminary site layout for the lift station. d. Coordinate force main and gravity sewer tie-ins. e. Coordinate preliminary layout of improvements with the City of Wylie, property owners,and utility companies. f. Field-check preliminary design. g. Present four (4) sets of preliminary design drawings with preliminary cost projections to the Owner for review and comment. 3. Final Plans and Specifications a. Draft plan and profile sheets to conform with final comments of the Owner from preliminary design review. b. Prepare lift station sections and details including electrical and structural. c. Prepare final bid schedule, special conditions, specifications, proposal, and contract documents. d. Prepare projected cost of construction. e. Submit one (1) set of prints of the final plans and specifications to the utility companies for review and comment. f. Present two (2) copies of plans and specifications to the Owner for final approval and authorization to proceed with the Construction Phase. D. CONSTRUCTION PHASE 1. Advertise and Receive Bids a. Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. b. Notify individual qualified contractors of the project, and contact the Texas Contractor and Dodge Reports for publishing the description of the project and date for receiving bids. -3- August 2000 c. Assist the Owner in securing, opening, tabulating, and analyzing of bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. d. Assist in the engineering phases of the preparation of the formal contract documents between the contractor and the Owner. 2. General Review of Construction a. Conduct a preconstruction meeting on site with representatives of the Contractor and OWNER. b. Make periodic visits to the site (as distinguished from the continuous services of a resident project representative) to observe the overall progress and quality of the work, and to determine general conformance with the requirements of the contract. c. Consult and advise with the Owner during construction, make recommendations to the Owner regarding the materials and workmanship, and prepare change orders with Owner's approval. d. Check and review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor is required to submit for conformance with the design concept of the Project and compliance with the information given by the contract documents, and assemble written guarantees which are required by the contract documents. e. Assist the Owner in arranging for testing of materials and laboratory control during construction to be conducted at the Owner's expense and interpret the results of such tests. f. Interpret intent of the plans and specifications for the Owner and contractor(s). g. Review and comment on monthly and final estimates for payment to contractor(s). h. Conduct in company with the Owner's representative a final inspection of the Project for conformance with the design concept of the Project and compliance with the contract documents, and review and comment on the certificate of completion and the recommendation for final payment to the contractor(s). 4' August 2000 i. Prepare revisions of construction drawings with the assistance of the Owner's Project personnel and the construction contractor(s) reflecting changes in the Project made during construction. These "Record Drawings" shall be provided by the Engineer to the Owner as one set of reproducible sheets and two sets of prints. E. ADDITIONAL SERVICES It is mutually understood that the following services are not included in the Engineer's basic services described above, and if the Owner elects for the Engineer to provide such services, they are to be considered as"Additional Services"and will be compensated for accordingly. 1. The Owner will contract directly with a Registered Professional Land Surveyor (RPLS) for performing design and topographic surveys and any necessary land or boundary surveys for site or easement acquisitions. 2. The Owner will furnish a full time Resident Project Representative to observe the construction work on a day-to-day basis and to give any necessary directives to the construction contractors. 3. Representatives of the Owner will prepare deed, easement dedication, and/or permit forms for properties, easements,or permits to be acquired and will need to take necessary steps for those acquisitions in a timely manner. 4. The Owner will contract directly with qualified Geotechnical Engineering, Materials Testing, or Environmental Consulting firms as required. The Engineer will review any tests required and act as the Owner's representative in connection with any such services. 5. The Owner will coordinate with the County flood plain administrator, and if necessary contract directly with Engineer for preparation of flood study. F. RESPONSIBILITY OF THE OWNER Unless otherwise authorized in writing by the Owner for the Engineer to perform such other additional or special services,the Owner shall be responsible for the following services: 1. Provide the Engineer the assistance needed for collecting data from Owner's records for the design of the improvements. The acceptance and use of the data furnished by the Owner to the Engineer shall not operate to impose any obligation upon the Engineer to determine that the data is true, accurate, complete, or correct. 2. Authorize the Engineer to print, collate, and assemble an agreed number of plans, specifications,and bidding documents for distribution to prospective bidders. -5- August 2000 3. Prepare daily reports of construction activities, with copies of reports furnished to the Engineer. If needed, daily report forms will be furnished to the Owner by the Engineer. 4. Advise Engineer by telephone, on a weekly basis, of the progress of work,problems encountered in construction, quality of work performed, and other matters concerning the project status. 5. Confirm the percentage of completion for work performed, as submitted by the contractor, during each month. 6. Furnish the local news media with Notice to Bidders and coordinate the appropriate times that the notice is to appear prior to the bid opening date. G. BASIS OF COMPENSATION 1. Availability of Funds The Owner agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. All invoices submitted by the Engineer and approved by the Owner shall be paid within thirty(30)days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one and one-half percent (1-1/2%) of the unpaid balance, • beginning thirty(30)days from the date of the statement. 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section C, on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of$80,000.00. b. Additional Services For Design Phase -6- August 2000 For performing any Additional Services For the Design Phase, the Engineer will assist the Owner, as directed, and is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5. The Engineer is to be reimbursed for all direct non-labor, field surveys, and other subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 3. Construction Phase a. Advertise and Receive Bids For performing these Construction Phase services, as described in Section D, the Engineer is to be paid on a monthly billing basis in proportion to the services proposed herein which has been accomplished, as evidence by the monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The total compensation for the services performed shall be based on the lump sum amount of$2,500.00. b. General Review of Construction For performing the General Review of Construction, as described in Section D, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. Total compensation for the above services will not exceed$11,700.00. c. Additional Services For Construction Phase For performing any Additional Services For Construction Phase, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. -7- August 2000 4. Other Special Services-(As Directed By The Owner) If authorized in writing by the Owner, the Engineer shall furnish other services or tasks in addition to the scope of services proposed herein. For performing these special services, the Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times a multiplier of 2.5, with the reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. H. TIME FOR COMPLETION The design phase work to be performed, as authorized herein, is projected to be completed within six(6)months after receipt of field survey information. APPROVED: ACCEPTED: CITY OF WYLIE,TEXAS THE HOGAN CORPORATION By By Anthony"Biff'Johnson j11 K. Fuson,P.E. City Manager President Attest Attest acLci:+,C3-� Date Date / /Cc7 -8- August 2000 City of Wylie Rush Creek Lift Station Cost Projections for Proposed Improvements Description Units Quantity Unit Price Total Construction Cost 36" Gravity Sewer LF 3,600 $80 $288,000 20" Force Main LF 4,000 $65 $260,000 30" Gravity Sewer LF 4,200 $75 $315,000 5' Std. M.H. EA 16 $4,000 $64,000 Lift Station LS 1 $350,000 $350,000 Subtotal $1,277,000 10% Contingency $127,700 TOTAL $1,404,700 8/28/00 PRELIMINARY construction cost.xis 1.t ,,,,, • r 000 1.7 •'4 . , . .4• 'a•iii, ••• ' 'A., ..,,L•Z• • •' t., 1 ..-4,•: '44i. /...4.•1 .!• pA+ ,.. ,., , 1 -... -: ''• - !_tr,iii- ,3-•:•,-. •-0'-• .i: .' , : ..y. i 't0-1115'• , *I..'; .-- ... 9 -• , m 9'.- -...":N4. .1-2 t, ,e,.f.,..-,..., '.. .-?...7:.•,. v •-. '-- ...1.,,, •_ ,... 4,,,,,,,'.9-1--- -.:1,-._„4.-,-.,,, -TiA...,..* iiiilt,,--.,•s,.4 :- ..41k4ii, . ._,:- .. . ''. ';' •-• -IL' IV. '`-', ..",;f<N, .. -0,- '''''' .... 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The initial term of this Agreement shall be three (3) years, commencing October 1, 2000 and ending on September 30, 2003. Background The City of Wylie entered into an interlocal cooperative purchasing agreement for ambulance services with the cities of Sachse, St. Paul, Murphy, Lucas, Lavon and Parker. This interlocal agreement established the ad hoc Southeast Collin County EMS Coalition. The construction of the original contract has suited the Coalition extremely well; however, time has made changes in the Coalition and in order to protect all parties involved, revisions to the contract are necessary. Modifications in the contract involve the MICU Ambulance that ETMC-EMS has provided the City of Wylie. In 2000, ETMC-EMS requested that Collin County approve a subsidy for ambulance coverage in Collin County. This request initiated Collin County to request bids from several ambulance contractors. The conclusion of this bid process was Collin County's decision to use a separate contractor. Therefore, ETMC-EMS' back-up ambulances in Farmersville and Princeton will be removed effective November 1, 2000. ETMC-EMS will be providing a second back-up ambulance that will be staffed and maintained by the Sachse Fire Department. Other Considerations The interlocal agreement for a regional EMS/Ambulance Service and the resulting cooperative procurement process were accomplished in accordance with the Interlocal Cooperation Act(V.C.T.A. Government Code Chapter 791). The solicitation of competitive proposals and the recommended contract award comply with Chapter 252.021 of the Local government Code. Financial Considerations City of Wylie's subsidy is $28,097.58 per year the first year and is by per capita amounts for the following two years. Board/Commission Recommendations N/A Staff Recommendation Staff recommends that Council executes the Modification of Master Contract for Paramedic Ambulance Services between the City of Wylie and East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service ("ETMC-EMS"). Attachments Copy of original contract Chief Shan A. English Prepared by Review y Finance City Man pproval MODIFICATION OF MASTER CONTRACT FOR PARAMEDIC AMBULANCE SERVICES Wylie,Texas This supplemental agreement is entered into between East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service ("ETMC-EMS") and the City of Wylie,Texas ("CITY"). ETMC-EMS and CITY are sometimes collectively referred to herein as the "Parties." RECITALS: A. ETMC-EMS and CITY entered into a Master Contract for Paramedic Ambulance Services (the "Master Contract") effective on , 1998, for the provision of paramedic ambulance services. Such Master Contract is attached hereto as Exhibit A and is incorporated herein by reference. B. ETMC-EMS and CITY wish to modify the Master Contract. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. For valuable consideration received by the Parties, the Master Contract is modified as follows: A. In ARTICLE I. DEFINITIONS, the definition of Southeast Collin County EMS Coalition is modified to include Sachse, Texas, and shall hereafter read as follows: Southeast Collin County EMS Coalition ("Coalition)means an interlocal cooperative group consisting of the participating city governments of Wylie,St Paul, Murphy, Parker, Lucas, Lavon, and Sachse, currently representing a combined population of approximately33,464 residents. B. Section 2.02 of ARTICLE 11 MUTUAL RESPONSIBILITIES AND UNDERSTANDINGS is modified and shall hereafter read as follows: 2.02 ALL MICU, FULL SERVICE SYSTEM All ambulances rendering services pursuant to this Master Contract shall be staffed and equipped to render paramedic-level care. The City of Wylie is currently staffing an ambulance donated by ETMC-EMS and will continue to do so pursuant to this Agreement In addition,ETMC-EMS shall staff and deploy one (1)MICU to the Coalition for the Coalition's service area. Upon Coalition's determination that it is capable of staffing and deploying an additional MICU ambulance, ETMC-EMS shall donate one(1)additional fully equipped and stocked MICU ambulance to a member city Identified by the Coalition. The donated ambulance shall then become property of the CITY. Such ambulance shall be exclusively used to provide back-up ambulance service to the Coalition. Responsibilities of the Parties with regard to this unit shall be as follows: a. ETMC-EMS shall provide all EMS supplies. ETMC-EMS shall provide reimbursement for professional liability insurance at a cost not to exceed f:\Iegal\EMS\Wylie MC Mod\091500 1 $1,500.00 per year, and equipment necessary for the operation of the aforementioned ambulance. b. The CITY and/or other entities of the Coalition shall staff and operate the aforementioned ambulance unit c ETMC-EMS shall pay a one hundred ($100.00) dollar stipend, per transport,to the Coalition member city who is provided the transport d. The CITY and/or other entity operating the aforementioned ambulance unit shall provide for automobile liability insurance coverage. e. ETMC-EMS shall be responsible for any maintenance or repair to the drive train of the ambulance unit f. If the Coalition requests additional resources from ETMC-EMS, the Parties agree to renegotiate in good faith the annual total subsidy to be paid ETMC-EMS in order to provide sufficient resources for the services described in such Master Contract If the Parties are unable to reach such a mutual agreement,the current provisions shall remain in effect C. Delete the entire text of Section 2.11 FINANCIAL INCENTIVE PROVISIONS and substitute in its place the words Intentionally Left Blank. D. In Section 4.03 of ARTICLE IV. CONSIDERATION, delete Subsection a., relettering Subsections b. and c. appropriately. E. In Subsection b. Maximum Total Average Bill (Exclusive Mileage) of Section 4.03 of ARTICLE IV. CONSIDERATION, delete the amount of $406.00 and substitute in lieu thereof the amount of$635.00. F. Add new Sections 4.11, 4.12 and 4.13 to ARTICLE IV. CONSIDERATION which shall read as follows: 4.11 Each city in the Coalition agrees to pay ETMC-EMS an annual subsidy based on the respective city's population, the total of such subsidies for Years 1—5 being as follows: Year 1 69,585.00 Year2 75,516.00 Year3 86,604.00 Year4 100,145.00 Years 112,170.00 The amounts set forth above represent the amounts due ETMC-EMS assuming the Coalition members remain the same as of November 1 ,2000. In the event the Coalition membership changes after November• 1 , 2000, ETMC-EMS reserves the right to renegotiate the subsidy amounts. The Coalition agrees to reimburse ETMC-EMS for any ETMC-EMS loss in revenue due to any current Coalition member no longer participating in this Agreement f:\legal\EMS\Wylie MC Mod\091500 2 4.12 ETMC-EMS shall have the exclusive right to bill and collect any third party payor or individual for services rendered by ETMC-EMS,and for any transports rendered by the CITY. 4.13 County Funds. Any funds received from Collin County shall be in addition to the amounts received byETMC-EMSas set forth in Section 4.11. G. Delete Section 7.01 TERM OF AGREEMENT of ARTICLE VII. TERM AND RENEWAL, and in lieu thereof, substitute the following text: 7.01 TERM OFAGREEMENT. The initial term of this Agreement shall be three(3)years,commencing October 1,2000,and ending on September30,2003. H. In Section 7.02 CONTRACT EXTENSION of ARTICLE VII. TERM AND RENEWAL, on the second and third lines, delete the word "five; in the phrase "five-year extension," and substitute in lieu thereof the word "three" so that hereafter the text shall read "three-year extension" on such second and third lines. 1. Delete the text of Section 9.16 BOND in ARTICLE IX, GENERAL PROVISIONS and in lieu thereof, substitute the following text: 9.16 PERFORMANCE PENALTY. To provide protection to the CITY and to the Southeast Collin County EMS Coalition, a One Hundred Thousand Dollar ($100,000)performance penalty will be assessed ETMC-EMS, pursuant to the provisions for declaration of major default set forth herein, 2. Miscellaneous: A. Headings. Section headings are for reference only and shall not affect the interpretation or meaning of any provision of this Modification of Master Contract for Paramedic Ambulance Services. B. Effect of This Modification. The modification(s) contained in this Modification of Master Contract shall be limited strictly as written and shall not be deemed to constitute a modification of, or any consent to noncompliance with, any term or provision of the Master Contract except as expressly set forth herein. Except for the modifications expressly set forth herein, all terms and provisions of the Master Contract shall remain unchanged and in full force and effect and are hereby ratified and confirmed. C. Governing Law. THIS MODIFICATION OF MASTER CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. D. Counterparts. This Modification of Master Contract may be executed by the different parties hereto on separate counterparts, each of which when so executed shall be deemed an original, but all such counterparts shall constitute but one and the same Modification of Master Contract. E. No ORAL AGREEMENTS. THE MASTER CONTRACT, AS MODIFIED BY THIS MODIFICATION OF MASTER CONTRACT, TOGETHER WITH THE RELATED DOCUMENTS, REPRESENTS THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR f:\legal\EMS\Wylie MC Mod\091500 3 SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 3. This Modification of Master Contract will become effective on DATED: , 2000. ETMC-EMS: CITY: EAST TEXAS MEDICAL CENTER d/b/a THE CITY OF WYLIE,TEXAS East Texas Medical Center Emergency Medical S ice By: By Antho J. ers, ce President/COO Name: Title: AGREED TO: CITY OF SACHSE,TEXAS CITY OF MURPHY,TEXAS By By CITY OF LUCAS,TEXAS CITY OF PARKER,TEXAS By By CITY OF ST.PAUL,TEXAS CITY OF LAVON,TEXAS By By f:\legal\EMS\Wylie MC Mod\091500 4 WYLIE CITY COUNCIL AGENDA ITEM NO. October 10, 2000 Issue Consider and act upon approval for Work Order No. WYL-34A authorizing the Hogan Corporation to proceed with lift station, force main, and gravity sewer improvements along a route from the existing Rush Creek Lift Station to its proposed relocation site and from the proposed relocation site to the existing Twin Lakes Lift Station. Background On September 28, 1999, Council approved Work Order No. WYL-34 in the amount of $73,200 authorizing the Hogan Corporation to proceed with the design of a submersible pump style lift station, approximately 10,000 linear feet of 14 inch diameter force main, manholes, and related appurtenances. The estimated project construction cost was $850,000. The original project scope included utilization of an existing abandoned mud line which runs parallel to Rush Creek from the site of the existing Rush Creek Lift Station on Stone Road to the vicinity of the proposed location of the new Rush Creek Lift Station anticipated to be located near Troy Road and Beaver Creek. Engineering analysis has concluded that use oft he existing abandoned mud line is unfeasible due to its small size and deteriorated condition. The proposed Work Order No. WYL-34A replaces the original work order in its entirety. The scope includes design and construction phase services for the following items: • Submersible pump style lift 3,600 linear feet of 36 inch 4/ - 4,200 linear feet of 30 inch • 4,000 linear feet of 20 diiar ` • manholes and related appu The new 30 inch gravity sewer w the new Rush Creek Lift Station, and the new lift station :emainforadistance of approximately 4,000 feet. From t z :,,,,,,4:: .: y the new 36 inch gravity sewer to the existing Twin Lakes L , " �� St for the proposed project is $1,400,000. �r ��. � p P Ai. Financial Considerations ti� The proposed improvements are ewer Main Improvement projects S 1 and S 1 A. A summary of the engineering fee is below: Summary of Fees Design Phase Engineering $80 000 Bid Phase 2,500 Construction Phase 11,700 $94,200 Total Fee Cost for topographic surveys, boundary surveys, and geotechnical investigations are not included in the Engineer's fee and will be performed by others with the Engineer's assistance and coordination. Other Considerations The scope of the proposed services are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas(Owner), and the Hogan Corporation (Engineer), as approved on July 27, 1993. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of Work Order No. WYL-34A. Attachments Work Order No. WYL-34A Prepared by Reviewed by Finance City Manager Approval WYLIE CITY COUNCIL AGENDA ITEM NO. 4, September 28, 1999 Issue Consider and act upon approval for Work Order No. WYI.-34 authorizing The Hogan Corporation to proceed with lift station and force main improvements along Rush Creek. Background The projected construction cost for this project is$850,000. This project consists of constructing a new lift station along Rush Creek approximately 5,200 feet south of its current location and a new force main to the west. The Hogan Corporation will perform the Design and Construction Phase services and such other related additional services that may be authorized by the City for the proposed sewer system improvements. This project will consist of a submersible pump sewage lift station and approximately 10,000 linear feet of 14-inch diameter force main. Financial Considerations The sewer improvements are funded as part of the 1999 Bond Program. • The engineering design fee for the sewer improvements- $62,500. • Advertise and receive bids- $2,000. • General review of construction- $8,700 • Additional costs could include engineering consultant hours, survey work, procurement of easements, and lab testing. The 1999 Bond projected cost included a projected amount for the above mentioned items. Other Considerations The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation(Engineer), as approved on July 27, 1993. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of Work Order No. WYL-34. Attachments Work Order No. WYL-34. gtuA,ri.,- Prepared evi;44 ed by Finance City M ager Approval 09/16/99 WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO.WYL-34 This will constitute authorization by the City of Wylie, Texas (Owner), for The Hogan Corporation, Engineers-Planners-Consultants, Dallas, Texas (Engineer), to proceed with the following described engineering services. RUSH CREEK LIFT STATION AND FORCE MAIN A. PROJECT DESCRIPTION The Engineer shall perform the Design and Construction Phase Services and such other related Additional Services that may be authorized by the Owner for the construction of the Rush Creek Lift Station and Force Main. This project includes a submersible pump style lift station and approximately 10,000 linear feet of 14-inch diameter force main, including manholes and all other related appurtenances. Based on the proposed design and scope of project, the projected construction cost for the proposed improvements is $850,000.00. This cost projection is prepared for budget purposes only and is not guaranteed as the exact amount which will be bid for furnishing and installing the proposed improvements. A map is attached to show the general location and limits of the proposed project. The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation(Engineer), as approved on July 27, 1993. B. PRE-WORK CONFERENCE The Engineer will meet with the Owner and other appropriate entities to discuss the design criteria, work program and schedule, procedures of communication, additional surveys, assignments of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this project. Other work and review conferences will be scheduled throughout the progress of developing the project. -1- 09/16/99 C. DESIGN PHASE 1. Preliminary Planning a. Confirm the design criteria requirements, funding, and schedules with the Owner. b. Perform a field review of the existing conditions along the route of the project site to identify areas of special concern in design and possible problems to resolve. c. Determine right-of-way and/or construction easement requirements where required. d. Establish priorities for construction and scheduling for coordination with other projects in the area. e. Assist the Owner in evaluating the condition of the existing Rush Creek sewer main. f. Establish the scope of topographic and boundary surveys required for the design to be performed by others, and coordinate same. g. Establish the scope of any soil and foundation investigations or special testing which may be necessary for the design of the Project, and with Owner's approval, arrange for such investigation and testing to be conducted for the Owner's account, and interpret the results of these investigations. h. Consider interrelationship of proposed system with respect to anticipated future subdivision development and associated wastewater infrastructure. i. Prepare update of construction cost projection. j. Proceed, upon direction of the Owner, with the Design Phase services of the selected plan. 2. Preliminary Design a. Reduce and plot field notes of profile, cross-sections, and topography. If weather conditions and scheduling of the Owner permit, aerial photographs may be considered in preparing the construction drawings. b. Confirm existing utility (water, sewer, drainage, gas, cable, TV, telephone, electric)locations, based on information furnished by utility companies. -2- 09/16/99 c. Establish preliminary alignments for the force main and a preliminary site layout for the lift station. d. Coordinate tie-ins at force main discharge, and upstream, at gravity sewer interface. e. Coordinate preliminary layout of improvements with the City of Wylie, property owners, and utility companies. f. Field-check preliminary design. g. Present four (4) sets of preliminary design drawings with preliminary cost projections to the Owner for review and comment. 3. Final Plans and Specifications a. Draft plan and profile sheets to conform with final comments of the Owner from preliminary design review. b. Prepare lift station sections and details including electrical and structural. c. Prepare final bid schedule, special conditions, specifications, proposal, and contract documents. d. Prepare projected cost of construction. e. Submit one (1) set of prints of the final plans and specifications to the utility companies for review and comment. f. Present two (2) copies of plans and specifications to the Owner for final approval and authorization to proceed with the Construction Phase. D. CONSTRUCTION PHASE 1. Advertise and Receive Bids a. Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. b. Notify individual qualified contractors of the project, and contact the Texas Contractor and Dodge Reports for publishing the description of the project and date for receiving bids. -3- 09/16/99 c. Assist the Owner in securing, opening, tabulating, and analyzing of bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. d. Assist in the engineering phases of the preparation of the formal contract documents between the contractor and the Owner. 2. General Review of Construction a. Conduct a preconstruction meeting on site with representatives of the Contractor and OWNER. b. Make periodic visits to the site (as distinguished from the continuous services of a resident project representative) to observe the overall progress and quality of the work, and to determine general conformance with the requirements of the contract. c. Consult and advise with the Owner during construction, make recommendations to the Owner regarding the materials and workmanship, and prepare change orders with Owner's approval. d. Check and review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor is required to submit for conformance with the design concept of the Project and compliance with the information given by the contract documents, and assemble written guarantees which are required by the contract documents. e. Assist the Owner in arranging for testing of materials and laboratory control during construction to be conducted at the Owner's expense and interpret the results of such tests. f. Interpret intent of the plans and specifications for the Owner and contractor(s). g. Review and comment on monthly and final estimates for payment to contractor(s). h. Conduct in company with the Owner's representative a final inspection of the Project for conformance with the design concept of the Project and compliance with the contract documents, and review and comment on the certificate of completion and the recommendation for final payment to the contractor(s). -4- 09/16/99 i. Prepare revisions of construction drawings with the assistance of the Owner's Project personnel and the construction contractor(s) reflecting changes in the Project made during construction. These "Record Drawings" shall be provided by the Engineer to the Owner as one set of reproducible sheets and two sets of prints. E. ADDITIONAL SERVICES It is mutually understood that the following services are not included in the Engineer's basic services described above, and if the Owner elects for the Engineer to provide such services, they are to be considered as"Additional Services" and will be compensated for accordingly. 1. The Owner will contract directly with a Registered Professional Land Surveyor(RPLS) for performing design and topographic surveys and any necessary land or boundary surveys for site or easement acquisitions. 2. The Owner will furnish a full time Resident Project Representative to observe the construction work on a day-to-day basis and to give any necessary directives to the construction contractors. 3. Representatives of the Owner will prepare deed, easement dedication, and/or permit forms for properties, easements, or permits to be acquired and will need to take necessary steps for those acquisitions in a timely manner. 4. The Owner will contract directly with qualified Geotechnical Engineering, Materials Testing, or Environmental Consulting firms as required. The Engineer will review any tests required and act as the Owner's representative in connection with any such services. F. RESPONSIBILITY OF THE OWNER Unless otherwise authorized in writing by the Owner for the Engineer to perform such other additional or special services, the Owner shall be responsible for the following services: 1. Provide the Engineer the assistance needed for collecting data from Owner's records for the design of the improvements. The acceptance and use of the data furnished by the Owner to the Engineer shall not operate to impose any obligation upon the Engineer to determine that the data is true, accurate, complete, or correct. 2. Authorize the Engineer to print, collate, and assemble an agreed number of plans, specifications, and bidding documents for distribution to prospective bidders. 3. Prepare daily reports of construction activities, with copies of reports furnished to the Engineer. If needed, daily report forms will be furnished to the Owner by the Engineer. -5- 09/16/99 4. Advise Engineer by telephone, on a weekly basis, of the progress of work, problems encountered in construction, quality of work performed, and other matters concerning the project status. 5. Confirm the percentage of completion for work performed, as submitted by the contractor, during each month. 6. Furnish the local news media with Notice to Bidders and coordinate the appropriate times that the notice is to appear prior to the bid opening date. G. BASIS OF COMPENSATION 1. Availability of Funds The Owner agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. All invoices submitted by the Engineer and approved by the Owner shall be paid within thirty(30) days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one and one-half percent (1-1/2%) of the unpaid balance, beginning thirty(30) days from the date of the statement. 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section C, on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of$62,500.00. b. Additional Services For Design Phase For performing any Additional Services For the Design Phase, the Engineer will assist the Owner, as directed, and is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5. The Engineer is to be reimbursed for all direct non-labor, field surveys, and other -6- 09/16/99 subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 3. Construction Phase a. Advertise and Receive Bids For performing these Construction Phase services, as described in Section D, the Engineer is to be paid on a monthly billing basis in proportion to the services proposed herein which has been accomplished, as evidence by the monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The total compensation for the services performed shall be based on the lump sum amount of$2,000.00. b. General Review of Construction For performing the General Review of Construction, as described in Section D, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. Total compensation for the above services will not exceed$8,700.00. c. Additional Services For Construction Phase For performing any Additional Services For Construction Phase, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 4. Other Special Services-(As Directed By The Owner) If authorized in writing by the Owner, the Engineer shall furnish other services or tasks in addition to the scope of services proposed herein. For performing these special services, the Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times a multiplier of 2.5, with the reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. -7- - 09/16/99 H. TIME FOR COMPLETION The design work to be performed, as authorized herein, is projected to be completed by within six(6)months after receipt of field survey information. APPROVED: ACCEPTED: CITY OF WYLIE, TEXAS THE HOGAN CORPORATION By By Mike Collins Larry K. Fuson,P.E. City Manager Vice President Attest Attest Date Date -8- MINUTES Wylie City Council Tuesday, September 26, 2000 Wylie Municipal Complex—Council Chambers 2000 State Highway 78 North Council Present: Mayor John Mondy, Councilman Joel Scott, Councilwoman Reta Allen, Councilman Merrill Young, Councilman J.C. Worley and Councilman Chris Trout. Councilman Eric Hogue had an excused absence. Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director;Claude Thompson, Senior Planner;and Barbara Salinas,City Secretary.yy The invocation was given by Todd Nivens of the Shiloh Baptist Church. VITAS .t NOMMO There was no participation. A. Approval of the Minutes from the September 12,2000 Regular Meeting. Councilman Scott made a motion to approve the minutes from the September 12, 2000 regular meeting. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Hogue absent. TisMSFORINDIVIOUALCONSWMATIONANWACTIONMENROammigomigiiiiiiiiimpiggiiliiipm 1. Consider and Act Upon a Revised Final Plat for the Riverchase Addition, Phase I (formerly Eastfork by the Lake), proposed by Kurtz Bedford Associates, Inc. for the property generally located along the west side of FM 1378 across from the Newport Harbor subdivision, and being all of a certain 55.689 acre tract situated in the William Patterson Survey, Abstract No. 716, City of Wylie,Collin County,Texas. Councilman Worley abstained from any discussion and vote on Item No. 1 and completed the proper affidavit for Conflict of Interest. Claude Thompson, Senior Planner, provided Council with a brief background of the Final Plat. Mr. Thompson stated that staff had reviewed the plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the city. He stated that the applicant originally intended for only half of the development to be a gated community, however, has now chosen to gate the entire development. All streets within the subdivision will be private and maintained by the Homeowner's Association. He stated that the Planning and Zoning Commission voted favorably to recommend this case for approval. Mr. Tony Krause, representing DR Horton, was present to address any concerns of Council. The applicant stated that the entire addition, which includes three phases, should be built out within 3-3 '/ years with homes ranging from$175,000 to$240,000. Councilman Scott made a motion to approve the Final Plat for the Riverchase Addition, Phase I (formerly Eastfork by the Lake),proposed by Kurtz Bedford Associates, Inc. for the property generally located along the west side of FM 1378 across from the Newport Harbor subdivision, and being all of a certain 55.689 acre tract situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin County, Texas. Councilman Young seconded the motion. A vote was taken and the motion was approved, 5-0. Councilman Worley abstained. Councilman Hogue absent. Minutes of September 26,2000 Wylie City Council Page Discussion of the Employee Wage Plan Staff Present: Anthony Johnson, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove, Finance Director; Claude Thompson, Senior Planner; Mike Sferra Director of Development Services and Public Works; Shan English, Fire Chief; Jeff Butters, Police Chief; Mignon Morse, Library Director; Chris Hoisted, Consulting Engineer;and Barbara Salinas, City Secretary. Mr. Johnson provided Council with explanation of the process that was used to developed the proposed wage plan. He stated that the plan was developed and agreed to as a group (Management Team). He stated that the philosophy of the plan is to provide a career oriented work environment designed to retain employees. Mr. Snellgrove provided a copy of the wage plan and revised vacation and sick leave policy to the Council. Mr. Johnson explained the transition that is necessary to fully implement the plan. He stated that this plan will allow 2/3 of the employees to be put into the plan this year, and the remaining 1/3 next year and that the plan could be fully implemented in two years,with Council approval during the budget process. Mr. Johnson explained that with this plan,the salary midpoint is 97%of the market,based on the survey cities. There was some discussion among Council with regard to future funding and how it could effect bond projects. Mr. Johnson explained that funding priorities would be considered by Council each year during the budget process, with regard to the wage plan and future projects. ;EXECUTIVE ESSI()ICI The Mayor then announced at 8:20 p.m. that Council would convene into Executive Session in accordance with Chapter 551, Government Code, Vernon's Texas Code Annotated (Open Meeting Law), Section 551.074, Personnel Matters to deliberate the appointment of an Interim Municipal Court Judge, Associate Judge, Municipal Court Judge and City Engineer. AE 3 Y rW : N` o a E T P4EP)€N ": ;; : .;:.:.:::::....::.:":`. '' :>:<;:;.;:>.>;.. ........ The Mayor then reconvened into Open Meeting at 8:45 p.m. The following action was taken as a result of the Executive Session. Councilman Scott made a motion to appoint Terry Douglas as Associate Judge for the Wylie Municipal Court. Councilman Trout seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Hogue absent. Councilman Scott made a motion to remove Suzanne Marsh as Associate Judge for the Wylie Municipal Court. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Hogue absent. Councilman Young made a motion to appoint Chris Holsted as City Engineer for the City of Wylie. Councilman Worley seconded the motion. A vote was taken and the motion was approved, 6-0. Councilman Hogue absent. lJ{3flRN E iTt....... With no further business to come before Council,the meeting was then adjourned at 8:50 p.m. John Mondy,Mayor ATTEST: Barbara A Salinas,City Secretary Minutes of September 26,2000 Wylie City Council Page 2 WYLIE CITY COUNCIL AGENDA ITEM NO. I October 10, 2000 Issue Hold a public hearing to consider and act upon approval of a request Richard Parker for approval of a zone change from A(Agriculture)to I(Industrial), on property generally located at the southwest corner of FM 544 and Sanden Blvd., and being all of a certain 34.412 acres out of the Duke Strickland Survey, Abstract No. 841 and the I. Clifton Survey, Abstract No. 193, City of Wylie, Collin County, Texas. Background At their September 19, 2000 meeting, the Planning and Zoning Commission recommended that this zoning change request be denied without prejudice. This action will allow the applicant to resubmit the request with additional specific uses and conditions or when the uses and conditions of the Zoning Ordinance are revised. The applicant is requesting rezoning on 49.508 acres in order to develop their property with industrial uses. The property to the north is zoned A (Agriculture) and is vacant. The property to the east is A (Agriculture) and is vacant. The property to the south is zoned A(Agriculture) and SF-1 (Single Family residential) and is developed with residential homes, and the property to the west is zoned A (Agriculture) and I (Industrial) and developed with one residential home, and the remainder is vacant. Public Comment Forms were mailed to twenty-one(21) property owners within 200 feet of this request. Six forms have been returned, two in favor and four against the zone change request. Financial Considerations Rezoning application fee in the amount of$250.00 - Paid Other Considerations The Comprehensive Plan recommends country residential uses for the area, which consist of single family detached houses, one acre minimum. The proposed zoning and land use are not consistent with the Comprehensive Plan, and is not compatible with the surrounding development and zoning. If the requested zoning change is approved, the applicant will be required to submit preliminary and final plats and site plan for approval before development can begin on the property. Board/Commission Recommendations At the September 19, 2000 Planning and Zoning Commission meeting, the Commission recommended to deny ZC 2000-8 without prejudice to allow the applicant to resubmit when either he has specific uses and conditions sufficient for a Planned Development District to comply with the intent of the Comprehensive Plan or revisions to the industrial district of the Zoning Ordinance are complete. Staff Recommendations Staff does not recommend approval. This proposed zone change does not comply with low-density residential recommendation of the newly adopted Comprehensive Master Plan and existing neighboring development. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Returned Public Comment Forms Prepared by Re ed by Finance City Man r proval 10/02/2000 22:52 9724423125 RP INC PAGE 02 • RICHARD PARKER, INC. P.O. Box 307 Wylie, Texas 75098 (972) 442-5114 October 3,2000 Claude Thompson Senior Planner City of Wylie Wylie,TX 75098 Mr. Thompson: Please withdraw my zoning case#2000-10 from the council agenda. I would like to resubmit the property at the time of council adoption of the Special Land Use Category-Business Center. 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Box 307 Wylie, Texas 75098 # I BLK/ABST I LOT/TRACT I TAX I.D. # I PROPERTY OWNER NAME I ADDRESS 1 Applicant P.O. Box 307 75098 lie, Texas 1 Abst 841 Tract 1 R-6841-000-0010-1 Richard Parker Wy P.O. Box Wylie, Texas 75098 042 2 Abst 841 Tract 1 R-6841-000-0010-1 Ida Pearl Sholz P.O. Box 546 3 Abst 841 Tract 13 R-6841-000-0130-1 F.O. Birmingham Trust Wylie, Texas 75098 . 1001 S. Ballard Avenue Wylie, Texas 75098 4 Abst 841 Tract 14 R-6841-000 0140 1 Wylie I.S.D. 6800 Coit Road 5 Abst 563 Tract 2 R-6563-000-0020-1 Frances Bates Wells Plano, Texas 75023-1003 1001 S. Ballard Avenue 6 Abst 563 Tract 3 R-6563-000-0030-1 Wylie I.S.D. Wylie, Texas 75098 P.O. Box 1042 I 7 Abst 193 Tract 1 R-6193-000-0010-1 Ida Pearl Sholz Wylie, Texas 75098 1001 S. Ballard Avenue i I 8 Abst 193 Tract 2 R-6193-000-0020-1 Wylie I.S.D. Wylie, Texas 75098 1001 S. Ballard Avenue 9 Abst 193 Tract 16 R-6193-000-0160-1 Wylie I.S.D. Wylie, Texas 75098 Sanden Addn 601 Sanden Blvd. 10 Blk A Lot 1 R-2447-00A-0010-1 Sanden International Wylie, Texas 75098 Collin County 210 S. McDonald Street 11 FM 544 Commissioner's Court McKinney, Texas 75069 NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 2000-08 Applicant: Richard Parker Location: Generally located at the southwest corner of FM 544 and Sanden Blvd. Property Description: (See the attached Exhibit"A" for full legal description) Present Zoning: A(Agriculture) Requested Zoning: I(Industrial) Proposed Industrial uses This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,September 19,2000,7:00 PM City Council: Tuesday,October 10,2000,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial.a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City- Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you arc unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name, address of the property you own and the tax account number(if applicable)on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification arca file a written protest prior to the public hearing. state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North. Wylie,Texas. For additional information.please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103,or(TDD) (972)442-8170 for assistance. RECEIVED Our Nr.irn,,.. ...to he respon.uhle stewards of the puhlrc trust. J U L 1 1 8 2000 to strtve for excellence in public service,and - to enhance the quality of life for all. IF == city drf wytit APPLICATION FOR A CHANGE IN ZONING Zoning Case No. BUD — D F • (PLEASE TYPE OR PRINT) The Following Information To Be Supplied By The Applicant: Name: i % 4 ee GI le&-,2_, Contact Person: Address: Po 40 X 3 07 City: (,(cc fie State: l� Zip: 7J o 9A' Telephone:(Q7 L) .-fC'Z 6 Si/4C Fax:. ql1 L Z - 3 Z,- igna ure of Applicant The Following Information To Be Supplied By The Owner: Name: SA-Ole. cK air,oNt0 Address: City: State: Zip: Telephone: Fax:: E-Mail I Am The Owner Of The Herein Described Property, And Is Authorized To File This Application On My Behalf. Signature of Owner Location of Request: / S c,/K e S�.v 0 Ei1J Existing Zoning: A4 Acreage g 3(1..wt Z *Requested Zoning: .1A/0,...S T/Z I.✓}- L, ( I-) Explanation: * All requests shall be advertised for the requested district and/or any other district which is more restrictive by area requirements,land use and height. A legal description of the property for which the zoning change is requested must be completed as"EXHIBIT A"and attached hereto. The description shall include the distance and bearing of the point of beginning from the nearest intersection of streets or roads. Use a TYPEWRITER and sign where indicated. _.____._. _._._ ._... _ _ _ Aivordlu� lartnin a• lietion'za l.do:: rDate Filed: / j 0 a.. ? s' cr_ _. ___� ! Y Receipt No.: g /Sq _ S o2s iPending.Plat: . City of Wylie.Development Services Department 2000 I lighway 78 North + \V)tic.Texas 75098+ 972-442.8150♦ 972•442.8154 Fax • PROPERTY DESCRIPTION • TRACT 1 • !eing n tract of land situated In the Duke Strickland, Survey, Abstract 841 -end• the 1. Clifton ' •••• 'urvev. Abstract No.' 193. City of Wylie. Collin County, Texas and being part of a 94.9 acre tract ,f land conveyed to Ida Scholz and Cecilia Wood by deed recorded in Volume 3367, Page 230. i-ed Records. Collin County. Texas and being more particularly described as follows: :ie.inning at a 1.2" iron rod found on the west line of a 2 387 acre tract of land (Tract E) •,,::veved to F 0 Birmingham Memorial Land Trust by deed recorded in County Clerk's File \t.iTiber 92-0091825, Land Records, Collin County. Texas for the northeast Corner of a 15 296 • rt• tract of land (Tract 8) conveyed to F 0. Birmingham Memorial Land Trust by deed recorded to County Clerk's File Number 92-0091825, Land Records. Collin County, Texas; Thence. South 86'33'57" West, (Basis of Bearings) along the north line of said 15.296 acre tract. a distance of 570.17 feet to a 60d nail found in the base of a Bois d'arc tree for the northwest corner of said•15.296 acre tract.: • Thence. South 00'00'00" West, along the west. line of said 15.296' acre tract, at a distance of 696,78.feet a 5/8- .capped iron rod set. in fence for reference and in all a distance of 788 59 feet to a point for corner in the center of Muddy Creek and on the north line of a = • •••••-•• •• :17 ''47 acre tract of land (Tract A) conveyed to The Wylie Independent School District by deed recorded 'under County Clerk's File Number 92-0092602. Land Records, Collin County. Texas:,. Thence. • Northwesterlj','along the centerline of said Muddy Creek, end the northerly lines of ' said 37.247 acre tract as follows: North 22'06'04" West, a distance of 50.98 feet to a point for corner; North 45'55'34" West, a distance of 248.50 feet to a point for corner; North 69'32'04" West, a distance of 366.50 feet to a point for the north corner of said 37.247 acre tract and an east corner of an 8 8866 acre. tract of land conveyed to The Wylie Independent School District Board of Trustees by •deed recorded under County Clerk's File Number.95-0042768, Land Records, Collin County, Texas. said point being North 17'31'38" East, a distance of 176.56 feet from the southeast • corner of said 8.8868 acre tract; Thence. Northwesterly and Southwesterly, along the northerly lines of said 8.6866 acre tract and the centerline of said Muddy Creek as follows: North 20'49'44" West, a distance of 90.00 feet to a point for corner; North 21'14'21" East, • a distance of 110.00 feet to a point for corner; North 58'52'34" West, a distance of 121.60 fret to a point for corner; South 14'56'26' West. a distance of 121.00 feel to a point for corner: North 75'06'24" West. a distance of 117.90 feet to a point for corner; North 19'28.09" West. a distance of 70.00 feet to a point for corner; South 76'27'26" West, a distance of 181.80 feet to a point for corner; North 10'43'41" East, a distance of 114.80 feel to a point for corner; North 56'54'59" West, a distance of 208.30 feet to a or corner. North 17'36'33" East. a distance of 173.70 feet to a point for corner; orth 44'50'04- West, a distance of 73.00 feet to a point for corner; South 45'S1'S1" West, a distance' of • 76 81 feet to a point for corner; South 42'49'41" West, a distance of 93.10 feet to a point for corner: South 72'55'58" West, a distance of 108.18 feet to a point for corner on the east line of a 33.8983 acre tract of land (Tract 1) conveyed to Wylie Independent School District by deed recorded under County Clerk's File Number 95-0012336..Land Records. Collin County, Texas for the northwest corner of said 8.8866 acre tract; ' ' ' ' --.- • ••• Thence. North 04'15'46" East. along the east line of said 33.8983 acre tract, at a distance of 28 99 feet a 5/8" capped iron rod set in fence for reference and in all a distance of 600.71 feet to a 5/8" capped iron 'rod set on the south line of a 9.9031 acre tract of land (Tract 11) conveyed to Wylie Independent School District by deed recorded under County Clerk's File Number 95-0012337. Land Records, Collin County, Texas for the northeast corner said 33.8983 acre tract: • Thence. South 87'43'49" East, along the north line of aforesaid 94.9 acre tract, the -south line of said 9.9031 acre tract and a south line of a •tract of land conveyed to Frances B. Wells by deed recorded in Volume 90, Page 136, Deed Records, Collin County, Texas, a distance of -•• 1435 05 feel to n 5/8" capped iron rod set for coiner on the southerly right-of-way line of F.M 544 (120' R.O.W.) a being in' a curve to the left having a central angle of 04'05'57", a radius of 5789.58 feet and a chord which bears South 74'08 24" East. a distance of 414.13 feet; Thence. Southeasterly along the southerly right-of-way line of F.M. 544 (120' R.O.W.) and said t•urve to the left, an arc distance of 414.21 feel to a concrete right-of-way monument found for corner. Thence. South 39'45'49" East, along the southerly right-of-way line of F.M. 544 (120'• R.O.W,), a distance of 31.91 feet to a 5/8" capped Iron rod set for the northwest corner of,said 2387 acre tract; • •Thence. South 03'58'29" East, along the west line of said 2.387 acre tract, a distance of 407.60 feet to the Point of Beginning and. containing 1,498:980 square feet or-34.412 acc, of land. SEP-25-00 11 : 12 AM ROD. TAYLOR 9724428933 P. 02 • PUBLIC COMMENT FORM (Please ape or ase Meek Ink) P ,L Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notion for Zoning Case a2000-08. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case W2000-08. Date,Location I Time of Planning&Zoning Commission meeting: Tuesday September 19,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas • Date,Location&Time of • City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Po \ALE(e vZ Please print Address: 1001 .So C t' St cL d . Wylie Tax Account Number (if shown on enclosed map): Q. �t 0 A - ( fl i )- I Signature: ') Date: c1 IS•00 COMMENTS: Sl Fmv nt.X'b'C- 'CLi"t'n (k-n.P.n r.Li 1 i. 7 ►� �r.'- e,l� R L, L tMn nit/Jr 14`e t�pn�rArr-t`,J� 1.) (J��&flay� e0 Riff I�h-n.,►lJ d rJ Q4'gM U I o t ►rl.la A.J1t ek ' 1A Nt1rc �c Ar t ft) Ain►•;.. ro gyp 11.E.�- c�,rr, 10 w OP Ak\xt) t ly-t A i l•-(- U t Net ic. g P i n 4.'t-4 VVl ,ti 4 �L — ' ,.4.3 fir lip : . AnAi _ J (41SIt.►t ►t . han �VlKi�1 rrl� At�� i ik-rs4 ewL CIMJ 1 44vv.Astc Vv"_ D E � C ��IC �r� 25 WYLIE CITY COUNCIL AGENDA ITEM NO. 2, October 10, 2000 iliMMIMMMMMMMMNMMMMMOM Issue Hold a public hearing to consider and act upon approval of a request from the Franklin Ovid Birmingham Memorial Land Trust for approval of a zone change from A(Agriculture)to I (Industrial), on property generally located at the northeast corner of Hooper Road and Hensley Lane, and being all of a certain 49.508 acres out of the L.K. Pegues Survey, Abstract No. 703, City of Wylie, Collin County, Texas. Background This zone change request was tabled at the 9/19/00 P&Z meeting, in order for the applicant and neighborhood residents to meet. The applicant is requesting rezoning on 49.508 acres in order to develop their property with industrial uses. The property to the north is zoned A (Agriculture) and is vacant. The property to the east is A (Agriculture) and is vacant. The property to the south is zoned A(Agriculture) and SF-1 (Single Family residential) and is developed with residential homes, and the property to the west is zoned A (Agriculture) and I (Industrial) and developed with one residential home, and the remainder is vacant. Public Comment Forms were mailed to twenty-one(21) property owners within 200 feet of this request. Six forms have been returned, two in favor and four against the zone change request. Financial Considerations Rezoning application fee in the amount of$250.00 - Paid Other Considerations The Comprehensive Plan recommends country residential uses for the area, which consist of single family detached houses, one acre minimum. The proposed zoning and land use are not consistent with the Comprehensive Plan, and is not compatible with the surrounding development and zoning. If the requested zoning change is approved, the applicant will be required to submit preliminary and final plats and site plan for approval before development can begin on the property. Board/Commission Recommendations At the September 19, 2000 Planning and Zoning commission meeting, the P&Z recommended to table ZC 2000-10 in order for the applicant and the neighborhood residents to meet. Staff Recommendations Staff does not recommend approval. This proposed zone change does not comply with low-density residential recommendation of the newly adopted Comprehensive Master Plan and existing neighboring development. The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Returned Public Comment Forms Prepared by evi ed by Finance City Mant �f.proval J Subject Property , nii: 1wpr - _J--►— 4k, --,- il r o•A.R. . Rol pal MI ' hva i � —7/ 4--- F•1 1 I an�timid � r.• 1 I b__ i I ---\,,, t, ; - \ I I __A\ c amm svwt / . . Ilo _ � � � m —f— , r— li eY _I 1/1 _ 'k Ki W .•,A+::•� t � • 1 L Lee — 1 1 I-I 1 /01.4 1 i LOCATION MAP ZONING CASE #2000-10 —....—..—..---...---..—.._____.. .._.._..- : • I I 1 I I I I I I I I I 0 • I It (Z1). < I I•. • I I < r1 ••• < I Z 1 i•. j • I r. I < •. ...- • •. I i 1 I i ••• \. I j..%. \ I I • I I \ I I 0 .\ .\ • I I ,, el rim. • \ 1 .._.._ . ••• \ ',.,:,,, ‘,•',',. -,".',' ' .•.&:,,,ti,i t: ._.._.._ _ _ _ ''',..'''' 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Birmingham Memorial Land Trust APPLICATION FILE #2000-10 301 N. Ballard, P.O. Box 546 Wylie, Tx. 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant P.O. Box 546 1 Abst 703 Tract 5 R-6703-000-0050-1 Birmingham Trust-c/o Bill Lewis Wylie, Texas 75098 Applicant P.O. Box 546 2 Abst 703 Tract 6 R-6703-000-0060-1 Birmingham Trust-c/o Bill Lewis Wylie, Texas 75098 1197 PSC 76 3 Abst 703 Tract 2 R-6703-000-0020-1 Tomi Silsbee APO,AE 0972-1101 - TXU P.O. Box 219071 4 Abst 703 Tract 4 R-6703-000-0040-1 State & Local Tax Dept. Dallas, Texas 75221-9071 TXU P.O. Box 219071 5 Abst 703 Tract 9 R-6703-000-0090-1 State & Local Tax Dept. Dallas, Texas 75221-9071 P.O. Box 1042 I 6 Abst 703 Tract 7 R-6703-000-0070-1 Ida Pearl Scholz Wylie, Texas 75098 ' Birmingham Land Trust P.O. Box 546 7 Abst 703 Tract 6 R-6703-000-0060-1 c/o Bill Lewis Wylie, Texas 75098 2000 Hwy. 78 North 8 Abst 193 Tract 5 R-6193-000-0050-1 City of Wylie Wylie, Texas 75098 331 Hensley Lane 9 Abst 193 Tract 7-9 R-6193-000-0079-1 Mae Belle Hensley Wylie, Texas 75098 331 Hensley Lane 10 Abst 193 Tract 7 R-6193-000-0070-1 Mae Belle Hensley Wylie, Texas 75098 334 Hensley Lane 11 Abst 193 Tract 9 R-6193-000-0090-1 Ronald Miller Wylie, Texas 75098 200 Hensley 12 Abst 193 Tract 10 R-6193-000-0100-1 Worth M. Speed Wylie, Texas 75098 200 Hensley 13 Abst 438 Tract 14 R-6438-000-0140-1 Worth M. Speed Wylie, Texas 75098 108 Hensley Lane 14 Abst 438 Tract 6 R-6438-000-0060-1 Norlan Van Cleeve Wylie, Texas 75098 102 Hensley Lane 15 Abst 438 Tract 11-9 R-6438-000-0119-1 Wayne Rich Wylie, Texas 75098 932 Hooper Road 16 Abst 835 Tract 18-9 R-6835-000-0189-1 Timothy Johnson Wylie, Texas 75098 B.C.Wood Estate P.O. Box 1042 17 Abst 835 Tract 17 R-6835-000-0170-1 c/o Ida Pearl Scholz Wylie, Texas 75098 P.O. Box 51676 18 Abst 835 Tract 39 R-6835-000-0390-1 John Pennington Amarilo,Texas 79159-1676 TXU P.O. Box 219071 19 Abst 835 Tract 41 R-6835-000-0410-1 State &Local Tax Dept. DallasP, O Box 51676 9071 20 Abst 835 Tract 16 R-6835-000-0160-1 John Pennington Amarilo, Texas 79159-1676 Hooper Business Park 2902 Carlisle #200 21 BIk A Lot 10 R-2589-00A-0100-1 Lyons Equities, Inc. Dallas, Texas 75204-4078 • NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 2000-10 Applicant: Franklin Ovid Birmingham Memorial Land Trust Location: Generally located at the northeast corner of Hooper Road and Hensley Lane. Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agriculture) Requested Zoning: I(Industrial) Proposed Industrial uses This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,September 19,2000,7:00 PM City Council: Tuesday,October 10,2000,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your • name, address of the property you own and the tax account number(if applicable)on the enclosed fonn and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing.state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North, Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103,or(TDD)(972)442-8170 for assistance. FIELD NOTES BEING situated in the L. K. Pegues Survey, Abstract No. 703,Collin County,Texas and being a part of the land conveyed to Birmingham Land Trust by deed recorded in Volume 4194, page 1852, Deed Records,Collin County,Texas and being more particularly described as follows; BEGINNING at the northwest corner of said tract,a 1/2"iron rod set for corner,being the intersection of the east line of Hooper Road and the south line of the TXU Electric Tract recorded in Volume 577,page 3351; THENCE S 89°50'30"E along said south line,a distance of 469.0 feet to a 1/2"iron rod set for corner; THENCE South,a distance of 50.0 feet to a 1/2"iron rod set for corner; THENCE S 89° 50' 30"E along a south line of said TXU Tract passing a 1/2" iron rod at a distance of 170.81 feet and continuing in all,a distance of 175.81 feet to the centerline of Muddy Creek; THENCE along the centerline of said creek the bearnings and dimensions as follows; S 29°52' 11"E 49.28 feet S 21°42'55"E 42.43 feet S 53°53' 16"W 87.20 feet S 39°58'38"W 41.60 feet S 30°47'50"E 25.50 feet S 82°21'05'E 30.76 feet S 81°29'31"E 62.27 feet S 43°21°03"E 164.76 feet S 17° 15'38"E 49.78 feet ,S 66°35'06"E 79.05 feet S 4° 16'39"W 54.22 feet S 27°33'38"W 28.50 feet S 3°09'22"W 30.20 feet S 66°24'54"E 83.19 feet S 29°26'27"E 45.91 feet N 75°29'26"E 13.64 feet S 61°02'05"E 32.54 feet S 31°48' 50"E 16.62 feet S 55°36'44"E 137.92 feet S 34°52'26"E 43.90 feet S 54°59'51"E 32.55 feet N 70°02'32"E 25.85 feet S 79°06'04"E 46.12 feet N 79°38'45"E 28.70 feet S 87°45'23"E 52.01 feet S 33° 14' 55"E 84.27 feet S 3°42'31"W 37.28 feet S 46° 15' 18"E 72.74 feet S 3°27'20"E 67.92 feet S 37° 16'58"W 44.04 feet S 6°29'08"W 81.0 feet S 4°38'E 68.53 feet S 35°42' 12"E 84.12 feet to the east line of said tract; THENCE S 1°36'25"W along said east line,a distance of 646.61 feet to the centerline of County Road 297(Hensley Road)a l/2"iron rod set for corner; T HENCE N 88° 16'W along said centerline,a distance of 1409.49 feet to the east line of Hooper Road, a l/2"iron rod set for corner; THENCE North along said east line, a distance of 1852.94 feet to the point of beginning and containing 49.508 acres of land. I, Roy H. Briscoe, a Registered Professional Land Surveyor of the State of Texas, do hereby certify the above plat was prepared by an actual survey of the land and all monuments,as shown hereon,were set or found under my personal supervision on this the /G day of ,.. ..---%y , 2000 and there are no visual easements,encroachments,protrusions except as shown hereon. / A portion of the above described tract does lie within a designated flood plain. Roy H. riscoe, o. 1027 JIJ' 25 © E Our Mission.. D _ ...to be responsible stewards of the public trust. to strive for excellence in public service,and ; to enhance the quality of life for GIL ,..� = '...' JL 1. 5 - =t�;o-wytk APPLICATION ' ' " a t G Zoning Case No. p?(9O 0— /0 • (PLEASE TYPE OR PRINT) The Following Information To Be Supplied By The Applicant: 7. çJName: �ir't a�!�'� �vr'�l 75,' wr,'n v1 ew,er,' leArti Contact Person:_ •'// rt✓. I Address: 3ei 4/, '.ri(h-1 Pad ax 5 4/C City: mil/ /. -e State: f sLC Zip: 7 cog/ Telephone: 6 7,i) 7 Li)- ?if/ Fax:: q)- ail S e.$ve. Signature of Applicant J • The Following Information To Be Supplied By The Owner: Name: (5q c-t e 5 a I,,e ) Address: City: State: Zip: Telephone: Fax:: E-Mail I Am The Owner Of The Herein Described Property, And ,/" Is Authorized To File This Application On My Behalf. c.ro I�. Signature of Owner Location of r Request: r n e i oI .ram [/,(,�' J / /��q d //tap Existing Zoning: 41 Acreage 474 V, 3 15 *Requested Zoning: 14 Explanation: * All requests shall be advertised for the requested district and/or any other district which is more restrictive by area requirements,land use and height. A legal description of the property for which the zoning change is requested must be completed as"EXHIBIT A"and attached hereto. The description shall include the distance and bearing of the point of beginning from the nearest intersection of streets or roads. Use a TYPEWRITER and sign where indicated. _ _ _ _ i"_ A worddocs`piannin 'applicauontzappl.doc Date Filed: iJ. 00 Receipt No:':`e, ~$ et 0 -no Pending Plat. City of Wylie,Development Services Department 2000 Highway 78 North+ Wylie,Texas 75093♦ 972-442-8150+ 972-442-8154 Fax PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19.2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie.Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex.2000 Highway 78 North,Wylie,Texas Name: Till f" , (please print) Address: 349/ /1' + Ba//cfrI D.�Ox 51/Z Wylie Tax Account Number J 77_ r O ` 1 ,/�/ rJD3-(JOO -UGC (if shown on enclosed map): 705,— /', 0 / Ate I 1 ttt / Signature: 7A, Date: / , .36 AOLfd COMIMENTS: .A r / /11x5te, p LA0 Sell�� ►^�51 v4V,'�i / . / wPu V rl.c7 Gjµ 12a�c S.y--e 44 e/. svak(1 ,6u.�o/ � 7kS ' ess p © [E OMC� SEP 1 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 / I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas • Name: j C�r i / , I j b (.' E.— (please print) Address: (-4-)C. 7/- �\� -?.. �1( ' 4 7i )0 A- E= f)`l7 U Wylie Tax Account Number > (if shown on enclosed map): i —��0 -D — COO ----7 CO,-.7,-)() '— Signature: C-- 10-" ,..1 rt @ Qz� (2 J/ Q_u Date: 6 ;42-1/ o'(-) o 0 (. COMMENTS: ram) K>7 1(3-,,--„.., ›dit).__,.. -o---71(0--) p-- , 1 I *- C,, . Pi(9 --y?t (' 1 { n t r-n 1/mot O.. ( ` � G'I- J !i -,L _. . -c ram- 0_- 1 ----- — iL PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19,2000, 7:00 pm • Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: )Nü [ ,(4lT A)(A, x) CLEF (please prini) Address: / D ? } - 3 LE L A 1) F. L.) Ci (-1-- --i-- --) a9 ) Wylie Tax Account Number _ �' + v — h 0 D , Opp 6 0., (if shown on enclosed map): 7 V V ) Signature: . CZ.01.12-\ Date: CI — , CD — OD COMMENTS: • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19.2000, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: (;) C' F T H p(. 5-pc:: /= p (please print) Address: '_r2C) 5'L ) L (: '(/".,L (..t.)r L._ I E ^7 S`G Wylie Tax Account Number (if shown on enclosed map): r\ -,(L1 1 Ce'O O 114'O— 1/= R,(, Con, C; Signature: A/t/� I�'c ; , _r Date: V./15y ly COMMENTS: • COLONEL & MRS. WORTH M. SPEED 200 HENSLEY LANE WYLIE, TEXAS 75098 4 Sept 2000 References: a. Zoning Case #2000-10 b. The Wylie News, Wednesday, August 30 , 2000 To: City of Wylie, Department of Planning 2000 Highway 78 North Wylie, Tx. 75098 In reference b. above it was noted that two cases for Zoning case #2000-10 was issued. Comments in this letter pertains to reference a. above and the letter received from the City of Wylie Department of Planning. We are against the requested zoning as explained on the public notice for zoning Case #2000-10 . Location: At the northeast corner of Hooper Rd and Hensley Lane. Zoning Request change from A (Agriculture) to I ( Industrial ) for the following reasons. a. This general request gives full discretionary power all inclusive for any use permitted in the B-2 , business district, B-1 , business district and R, Retail district except child care facilities, hospitals, nursing homes , schools (other than trade) . Such extensive wide range could mean anything is allowable which is objectional because of the close proximity (across the street) from our recently new residential home. The type of structures and associated vehicle traffic would be unacceptable. b. It is noted that schools could not be built in an Industrial zone and the WISD High School is already existing. An Industrial zoning should not be allowed in close proximity to the school. Respectfully yours , ; ) - ,4 r r, OL WORTH M,PEEDD (USAF Ret) & Mrs. Worth M. Speed PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2000-10. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: $?( .k2L.p /Qx)52e/ (please print) ,l Address: 33/ ,Ve,vS f eY Z.A• AP4/1 — Ode - 047P"./ Wylie Tax Account Number (if shown on enclosed map): r eiP&, ma . rid , i-A"), Signature: ` 20.4_ O.l'ft Xetyl Date: 7— /I .` oU O COMMENTS: • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case ,r #2000-10. V. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2000-10. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday September 19,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,October 10,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: rAl NCl (e1( F IGa n hr e M l�e a- (please''pr�int) / Address: 3 7`f" /'/3iS 1 e x 7. °9 Wylie Tax Account Number (if shown on enclosed map): / /3 ` OGC) -0 0 cl Q Si ahue: CYLNA C �• /YL.P ��i•� Date: I r? Sai -Y 't- l COMMENTS: A-CCo P y//1r 6 - 2'� e & .{o-z� 05 . s 0 Ai/ 6 r e /N'73 lycs 7-/f i4-L , L e-F-As /V o r 7'/47- L/ 4-X'/o44s / ci De /ce5 Ai Al679 ra.y 7'c 7-4/s Pieo/ ry /9. s / 3 - r ,ors /s Ala r- A PR(4 Dew r- 04 ,�_•�l/-� C Sto c_ 'V' 7— re4nF 441 uief ouiv0 E Y 4-0 NISc GALos&---- 7-6 ,14/'y tl� o�-3- ��ls wit L fry A M-i-c&-Fut ,Q&s/0 FN7"i/3- - )ebe&-� 7 /111D1/ s7? / -.� Ronald F. Miller 334 Hensley Lane Wylie, Texas 75098 (972)442-9136 September 18, 2000 City of Wylie Department of Planning 2000 Highway 78 North Wylie, Texas 75098 Re: Zoning Case Number 2000-10 Dear Sir: On August 22, 2000, we received a notice from the city concerning the application for rezoning the property (approximately 60 acres) located at the corner of Hooper and Hensley Lane to an Industrial zone. Our property is within the 200 foot notification area. As a land owner we would like to go on record as protesting the zoning changes for the reasons as follows: • The value of our property will depreciate. • The homes built on Hensley Lane and Hooper were built with the intention of enjoying peace and quiet with pleasant surroundings. • Hensley Lane and Hooper Road are not built for heavy traffic. • Access to highway 544 is very dangerous. • There are no street lights and the roads are not maintained. • The additional heavy equipment and large trucks will add to the already poor conditions of the roads and current heavy traffic. • Changing the zoning to Industrial opens up a wide variety of businesses that could be built in the area. Industrial Businesses would be extremely undesirable in an already established residential area. • Most Industrial areas do not have strict guidelines, therefore the appearance and maintenance becomes a problem. We have noticed that the industrial areas in Wylie and other communities,become eyesores because of the lack of concern for surrounding areas. Please take in consideration the current homeowners. The property on Hooper and Hensley would be a beautiful site for single family homes, ideal setting with the High School close by. Please reconsider. Sincerely, Ron & Joanne Miller 02 %l WYLIE CITY COUNCIL AGENDA ITEM NO. L3 October 10, 2000 Issue Hold a public hearing to consider and act upon approval of a Replat for the Fountain Plaza Addition, generally located at the southwest corner of Stone Road and Ballard Avenue, and being all of Lot 31-A, Block 1 of the Meadows Addition, of a certain 0.961 acres out of the A. Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas. Background The purpose of the replat is to dedicate right-of-way for improvements to East Stone Road South Ballard Avenue. The final plat under consideration is a Replat for Fountain Plaza. The applicant is final platting 0.961 acres of land in order to develop the property with office uses. Specifically, the applicant is proposing to develop the property with an office building. The property is currently vacant, platted as Lot 31-A, Block 1 of the Meadows Addition, and zoned R for Retail uses. Financial Considerations Plat application fee—Paid. The applicant is aware that water and sewer impact fees in the amount of $2,597.53 must be paid prior to filing the pat with Collin County. Other Considerations Staff has reviewed the proposed Replat for the Fountain Plaza Addition and found it to be in compliance with the Subdivision regulations and other pertinent ordinances of the City of Wylie. This plat also complies with all applicable state subdivision laws. Board/Commission Recommendations At the September 19, 2000 Planning and Zoning commission meeting, the P&Z recommended approval of this replat. Staff Recommendations Approval. The Departments of Public Works, Fire, and Development Services concur with this recommendation. Attachments Plat Application Final Plat 46ted1414-14--..., Prepared by evie by Finance City Mana r royal Our Mission_ ' ...to be responsible stewards of the public trust. dettir to strive for excellence in public service.and to enhance the quality of hie for atL City of Wyk Application For °Preliminary Plat 0 Final Nat ,Replat °Vacation of Existing Addition All rules and regulations established by the Subdivision Ordinance,City of Wylie,Texas,and Texas Local Government Code,Title 7,Chapter 212,Subchapter A. Engineer/ //�� / LAW Phone: 2/ Q-'rj0(.0 Surveyor: CA LL LA ' 'U V)'t .s ( Fax: Address: (dog, �V-WALL t. I City: 6ARL WD Stater Zip: 754043 )(Owner: iCTd �dOrtflPh1 ,, ' Phone:97o� X Address: ,(:; San l.,Y /ha� e i f�� Fax: 9 City: lk.91 I P State: 7 Zip:--)i50c ,� Other: Phone: Address: Fax: City: State: Zip: Location of Property(Address if Applicable) 01P s .1A1• eor tier- dal l tra 4 erne. Proposed Subdivision' Name: RAJ/ 1-rAIR.l PLA2A • AL.Survey Name: l i'J Armevetzgy Abstract No.: 2 5 Acreage 6.1601 Q � Existing Zoning: `` 'ge del L Pending Zoning: *Please provide a building improvement survey,if the property has existing improvements. Is this a replat of an existing recorded subdivision? V Yes No If yes,give name and date when the original subdivision was filed for record atCounty Deed Records: Subdivision Name: ''CL{i M irc9QW`J QF W L1V- Date Filed: Volume: Page: Number of lots within original subdivision: Proposed lots: If applicable,complete°Exhibit AO as evidence that all owners of property within the subdivision join in this application to vacate. • Was this subdivision restricted by zoning or deed rest ic:,ions to single family or two family residential dwelling use within the last five(5)years? Yes No I am authorized to make application for a subdivision on behalf of the owner of this property. Agent The above person is my representative,authorized to make application for a subdivision on my behalf and I am the owner of the property for which this application is made. Owner qrxia-rw- • For Office Use only: Date Filed: Receipt No.: Atao�mtS Pending Zoning Case Applicabie)# A:tworddoceplamineapplication`platsp.doc City of Wylie, Development Services Department 2000 Highway 78 North+ Wylie,Texas 75098+972-442-8150♦ Fax 972-442.8154 • "EXHIBIT A" Legal Description of Area Proposed for Subdivison. Lo-r S t A 1 SLo • • • • I certify that to the best of my knowledge, this is an accurate description of the property upon which I have requested a change in zoning. I understand that I am fully responsible for the legal description given above. Date: Signature of Applicant: Page 2 of 2 WYLIE CITY COUNCIL AGENDA ITEM NO. 4 October 10, 2000 Issue Consider and act upon approval for Work Order No. WYL-34A authorizing the Hogan Corporation to proceed with lift station, force main, and gravity sewer improvements along a route from the existing Rush Creek Lift Station to its proposed relocation site and from the proposed relocation site to the existing Twin Lakes Lift Station. Background On September 28, 1999, Council approved Work Order No. WYL-34 in the amount of $73,200 authorizing the Hogan Corporation to proceed with the design of a submersible pump style lift station, approximately 10,000 linear feet of 14 inch diameter force main, manholes, and related appurtenances. The estimated project construction cost was $850,000. The original project scope included utilization of an existing abandoned mud line which runs parallel to Rush Creek from the site of the existing Rush Creek Lift Station on Stone Road to the vicinity of the proposed location of the new Rush Creek Lift Station anticipated to be located near Troy Road and Beaver Creek. Engineering analysis has concluded that use of the existing abandoned mud line is unfeasible due to its small size and deteriorated condition. The proposed Work Order No. WYL-34A replaces the original work order in its entirety. The scope includes design and construction phase services for the following items: • Submersible pump style lift station; • 3,600 linear feet of 36 inch diameter gravity sewer; • 4,200 linear feet of 30 inch diameter gravity sewer; • 4,000 linear feet of 20 diameter force main; and • manholes and related appurtenances. The new 30 inch gravity sewer will carry wastewater from Stone Road to the new Rush Creek Lift Station, and the new lift station will pump wastewater through the force main for a distance of approximately 4,000 feet. From that point, the wastewater will be carried by the new 36 inch gravity sewer to the existing Twin Lakes Lift Station. The estimated construction cost for the proposed project is $1,400,000. Financial Considerations The proposed improvements are identified in the 1999 Bond Program as Sewer Main Improvement projects S 1 and S 1 A. A summary of the engineering fee is below: Summary of Fees Design Phase Engineering $80,000 Bid Phase 2,500 Construction Phase 11.700 Total Fee $94,200 Cost for topographic surveys, boundary surveys, and geotechnical investigations are not included in the Engineer's fee and will be performed by others with the Engineer's assistance and coordination. Other Considerations The scope of the proposed services are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and the Hogan Corporation (Engineer), as approved on July 27, 1993. Board/Commission Recommendations N/A Staff Recommendations Staff recommends approval of Work Order No. WYL-34A. Attachments Work Order No. WYL-34A P pared by Revie by Finance City Manag pproval WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO.WYL-34A This will constitute authorization by the City of Wylie,Texas(Owner), for The Hogan Corporation, Engineers-Planners-Consultants, Dallas, Texas (Engineer),to proceed with the following described engineering services. RUSH CREEK LIFT STATION,GRAVITY SEWER AND FORCE MAIN A. PROJECT DESCRIPTION The Engineer shall perform the Design and Construction Phase Services and such other related Additional Services that may be authorized by the Owner for the construction of the Rush Creek Lift Station and Force Main. This project includes a submersible pump style lift station, 3,600 linear feet of 36-inch diameter gravity sewer, 4,200 linear feet of 30-inch diameter gravity sewer and approximately 4,000 linear feet of 20-inch diameter force main, including manholes and all other related appurtenances. Based on the proposed design and scope of project, the projected construction cost for the proposed improvements is $1,400,000.00. This cost projection is prepared for budget purposes only and is not guaranteed as the exact amount which will be bid for furnishing and installing the proposed improvements. A map is attached to show the general location and limits of the proposed project. The services described herein are to be performed in accordance with the applicable sections of the Agreement for Engineering Services by and between the City of Wylie, Texas (Owner), and The Hogan Corporation(Engineer),as approved on July 27, 1993. B. PRE-WORK CONFERENCE The Engineer will meet with the Owner and other appropriate entities to discuss the design criteria, work program and schedule, procedures of communication, additional surveys, assignments of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this project. Other work and review conferences will be scheduled throughout the progress of developing the project. -1- August 2000 C. DESIGN PHASE 1. Preliminary Planning a. Confirm the design criteria requirements, funding, and schedules with the Owner. b. Perform a field review of the existing conditions along the route of the project site to identify areas of special concern in design and possible problems to resolve. c. Determine right-of-way and/or construction easement requirements where required. d. Establish priorities for construction and scheduling for coordination with other projects in the area. e. Establish the scope of topographic and boundary surveys required for the design to be performed by others, and coordinate same. f. Establish the scope of any soil and foundation investigations or special testing which may be necessary for the design of the Project, and with Owner's approval, arrange for such investigation and testing to be conducted for the Owner's account, and interpret the results of these investigations. g. Consider interrelationship of proposed system with respect to anticipated future subdivision development and associated wastewater infrastructure. h. Prepare update of construction cost projection. i. Proceed,upon direction of the Owner, with the Design Phase services of the selected plan. 2. Preliminary Design a. Reduce and plot field notes of profile, cross-sections, and topography. If weather conditions and scheduling of the Owner permit, aerial photographs may be considered in preparing the construction drawings. b. Confirm existing utility (water, sewer, drainage, gas, cable, TV, telephone, electric)locations,based on information furnished by utility companies. -2- August 2000 c. Establish preliminary alignments for the force main and gravity sewer and a preliminary site layout for the lift station. d. Coordinate force main and gravity sewer tie-ins. e. Coordinate preliminary layout of improvements with the City of Wylie, property owners,and utility companies. f. Field-check preliminary design. g. Present four (4) sets of preliminary design drawings with preliminary cost projections to the Owner for review and comment. 3. Final Plans and Specifications a. Draft plan and profile sheets to conform with final comments of the Owner from preliminary design review. b. Prepare lift station sections and details including electrical and structural. c. Prepare final bid schedule, special conditions, specifications, proposal, and contract documents. d. Prepare projected cost of construction. e. Submit one (1) set of prints of the final plans and specifications to the utility companies for review and comment. f. Present two (2) copies of plans and specifications to the Owner for final approval and authorization to proceed with the Construction Phase. D. CONSTRUCTION PHASE 1. Advertise and Receive Bids a. Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. b. Notify individual qualified contractors of the project, and contact the Texas Contractor and Dodge Reports for publishing the description of the project and date for receiving bids. -3- August 2000 c. Assist the Owner in securing, opening, tabulating, and analyzing of bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. d. Assist in the engineering phases of the preparation of the formal contract documents between the contractor and the Owner. 2. General Review of Construction a. Conduct a preconstruction meeting on site with representatives of the Contractor and OWNER. b. Make periodic visits to the site (as distinguished from the continuous services of a resident project representative) to observe the overall progress and quality of the work, and to determine general conformance with the requirements of the contract. c. Consult and advise with the Owner during construction, make recommendations to the Owner regarding the materials and workmanship, and prepare change orders with Owner's approval. d. Check and review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor is required to submit for conformance with the design concept of the Project and compliance with the information given by the contract documents, and assemble written guarantees which are required by the contract documents. e. Assist the Owner in arranging for testing of materials and laboratory control during construction to be conducted at the Owner's expense and interpret the results of such tests. f. Interpret intent of the plans and specifications for the Owner and contractor(s). g. Review and comment on monthly and final estimates for payment to contractor(s). h. Conduct in company with the Owner's representative a final inspection of the Project for conformance with the design concept of the Project and compliance with the contract documents, and review and comment on the certificate of completion and the recommendation for final payment to the contractor(s). -4- August 2000 i. Prepare revisions of construction drawings with the assistance of the Owner's Project personnel and the construction contractor(s) reflecting changes in the Project made during construction. These "Record Drawings" shall be provided by the Engineer to the Owner as one set of reproducible sheets and two sets of prints. E. ADDITIONAL SERVICES It is mutually understood that the following services are not included in the Engineer's basic services described above, and if the Owner elects for the Engineer to provide such services, they are to be considered as"Additional Services"and will be compensated for accordingly. 1. The Owner will contract directly with a Registered Professional Land Surveyor (RPLS) for performing design and topographic surveys and any necessary land or boundary surveys for site or easement acquisitions. 2. The Owner will furnish a full time Resident Project Representative to observe the construction work on a day-to-day basis and to give any necessary directives to the construction contractors. 3. Representatives of the Owner will prepare deed, easement dedication, and/or permit forms for properties, easements, or permits to be acquired and will need to take necessary steps for those acquisitions in a timely manner. 4. The Owner will contract directly with qualified Geotechnical Engineering, Materials Testing, or Environmental Consulting firms as required. The Engineer will review any tests required and act as the Owner's representative in connection with any such services. 5. The Owner will coordinate with the County flood plain administrator, and if necessary contract directly with Engineer for preparation of flood study. F. RESPONSIBILITY OF THE OWNER Unless otherwise authorized in writing by the Owner for the Engineer to perform such other additional or special services,the Owner shall be responsible for the following services: 1. Provide the Engineer the assistance needed for collecting data from Owner's records for the design of the improvements. The acceptance and use of the data furnished by the Owner to the Engineer shall not operate to impose any obligation upon the Engineer to determine that the data is true, accurate, complete, or correct. 2. Authorize the Engineer to print, collate, and assemble an agreed number of plans, specifications, and bidding documents for distribution to prospective bidders. -5- August 2000 3. Prepare daily reports of construction activities, with copies of reports furnished to the Engineer. If needed, daily report forms will be furnished to the Owner by the Engineer. 4. Advise Engineer by telephone, on a weekly basis, of the progress of work,problems encountered in construction, quality of work performed, and other matters concerning the project status. 5. Confirm the percentage of completion for work performed, as submitted by the contractor, during each month. 6. Furnish the local news media with Notice to Bidders and coordinate the appropriate times that the notice is to appear prior to the bid opening date. G. BASIS OF COMPENSATION 1. Availability of Funds The Owner agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. All invoices submitted by the Engineer and approved by the Owner shall be paid within thirty(30)days of the invoice date. For any payments not made within thirty (30) days, a charge will be made monthly in the amount of one and one-half percent (1-1/2%) of the unpaid balance, beginning thirty(30)days from the date of the statement. 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section C, on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of$80,000.00. b. Additional Services For Design Phase -6- August 2000 For performing any Additional Services For the Design Phase, the Engineer will assist the Owner, as directed, and is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5. The Engineer is to be reimbursed for all direct non-labor, field surveys, and other subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. 3. Construction Phase a. Advertise and Receive Bids For performing these Construction Phase services, as described in Section D, the Engineer is to be paid on a monthly billing basis in proportion to the services proposed herein which has been accomplished, as evidence by the monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The total compensation for the services performed shall be based on the lump sum amount of$2,500.00. b. General Review of Construction For performing the General Review of Construction, as described in Section D, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. Total compensation for the above services will not exceed$11,700.00. c. Additional Services For Construction Phase For performing any Additional Services For Construction Phase, the Engineer is to be paid on a monthly billing basis at a per diem rate of the personnel's salary cost times a multiplier of 2.5, with reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. -7- August 2000 4. Other Special Services-(As Directed By The Owner) If authorized in writing by the Owner, the Engineer shall furnish other services or tasks in addition to the scope of services proposed herein. For performing these special services, the Engineer shall be paid on a monthly billing basis at a per diem rate of the personnel's Salary Cost times a multiplier of 2.5, with the reimbursement of all direct non-labor and subcontract expenses at the invoice cost plus 10 per cent for coordination and handling. H. TIME FOR COMPLETION The design phase work to be performed, as authorized herein, is projected to be completed within six(6)months after receipt of field survey information. APPROVED: ACCEPTED: CITY OF WYLIE, TEXAS THE HOGAN CORPORATION By By .61.7/ Anthony`Riff'Johnson K. Fuson,P.E. City Manager President Attest Attest ^,77 3co-c Date Date /c /aD -8- August 2000 City of Wylie Rush Creek Lift Station Cost Projections for Proposed Improvements Description Units Quantity Unit Price Total Construction Cost 36" Gravity Sewer LF 3,600 $80 $288,000 20" Force Main LF 4,000 $65 $260,000 30" Gravity Sewer LF 4,200 $75 $315,000 5' Std. M.H. EA 16 $4,000 $64,000 Lift Station LS 1 $350,000 $350,000 Subtotal $1,277,000 10% Contingency $127,700 TOTAL $1,404,700 8/28/00 PRELIMINARY construction cost.xds • k x # vyx .,, 1s t , * ➢,..,, 4 :tea. . r e?�r .V'FL`fi Y f t A ••i,,•1 t }•L, Mq • 'd ' Y ..* 4ata9y'.. Itic .._ �'e • ,r 1 r• '=M,'.. N., .a' p}� t' } r i (i . •_{,j .'h `A f ,-t - Ord 0• 5. �4.(;� S ,'3 l: ,� t 1 •. 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Background The City of Wylie entered into an interlocal cooperative purchasing agreement for ambulance services with the cities of Sachse, St. Paul, Murphy, Lucas, Lavon and Parker. This interlocal agreement established the ad hoc Southeast Collin County EMS Coalition. The construction of the original contract has suited the Coalition extremely well; however, time has made changes in the Coalition and in order to protect all parties involved, revisions to the contract are necessary. Modifications in the contract involve the MICU Ambulance that ETMC-EMS has provided the City of Wylie. In 2000, ETMC-EMS requested that Collin County approve a subsidy for ambulance coverage in Collin County. This request initiated Collin County to request bids from several ambulance contractors. The conclusion of this bid process was Collin County's decision to use a separate contractor. Therefore, ETMC-EMS' back-up ambulances in Farmersville and Princeton will be removed effective November 1, 2000. ETMC-EMS will be providing a second back-up ambulance that will be staffed and maintained by the Sachse Fire Department. Other Considerations The interlocal agreement for a regional EMS/Ambulance Service and the resulting cooperative procurement process were accomplished in accordance with the Interlocal Cooperation Act(V.C.T.A. Government Code Chapter 791). The solicitation of competitive proposals and the recommended contract award comply with Chapter 252.021 of the Local government Code. Financial Considerations City of Wylie's subsidy is $28,097.58 per year the first year and is by per capita amounts for the following two years. Board/Commission Recommendations N/A Staff Recommendation Staff recommends that Council executes the Modification of Master Contract for Paramedic Ambulance Services between the City of Wylie and East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service ("ETMC-EMS"). Attachments Copy of original contract Chief Shan A. English Prepared by Reviewe y Finance City Ma pproval MODIFICATION OF MASTER CONTRACT FOR PARAMEDIC AMBULANCE SERVICES Wylie,Texas This supplemental agreement is entered into between East Texas Medical Center d/b/a East Texas Medical Center Emergency Medical Service ("ETMC-EMS") and the City of Wylie,Texas ("CITY"). ETMC-EMS and CITY are sometimes collectively referred to herein as the "Parties." RECITALS: A. ETMC-EMS and CITY entered into a Master Contract for Paramedic Ambulance Services (the "Master Contract") effective on , 1998, for the provision of paramedic ambulance services. Such Master Contract is attached hereto as Exhibit A and is incorporated herein by reference. B. ETMC-EMS and CITY wish to modify the Master Contract. THE PARTIES THEREFORE AGREE AS FOLLOWS: 1. For valuable consideration received by the Parties, the Master Contract is modified as follows: A. In ARTICLE I. DEFINITIONS, the definition of Southeast Collin County EMS Coalition is modified to include Sachse, Texas, and shall hereafter read as follows: Southeast Collin County EMS Coalition ("Coalition)means an interlocal cooperative group consisting of the participating city governments of Wylie,St Paul, Murphy, Parker, Lucas, Lavon, and Sachse, currently representing a combined population of approximately 33,464 residents. B. Section 2.02 of ARTICLE 11 MUTUAL RESPONSIBILITIES AND UNDERSTANDINGS is modified and shall hereafter read as follows: 2.02 ALL MICU, FULL SERVICE SYSTEM. All ambulances rendering services pursuant to this Master Contract shall be staffed and equipped to render paramedic level care. The City of Wylie is currently staffing an ambulance donated by ETMC-EMS and will continue to do so pursuant to this Agreement In addition,ETMC-EMS shall staff and deploy one (1)MICU to the Coalition for the Coalition's service area. Upon Coalition's determination that it is capable of staffing and deploying an additional MICU ambulance, ETMC-EMS shall donate one(1)additional fully equipped and stocked MICU ambulance to a member city identified by the Coalition. The donated ambulance shall then become property of the CITY. Such ambulance shall be exclusively used to provide back-up ambulance service to the Coalition Responsibilities of the Parties with regard to this unit shall be as follows: a. ETMC-EMS shall provide all EMS supplies. ETMC-EMS shall provide reimbursement for professional liability insurance at a cost not to exceed f:\legal\EMS\Wylie MC Mod\091500 1 $1,500.00 per year, and equipment necessary for the operation of the aforementioned ambulance. b. The CITY and/or other entities of the Coalition shall staff and operate the aforementioned ambulance unit c. ETMC-EMS shall pay a one hundred ($100.00) dollar stipend, per transport,to the Coalition member city who is provided the transport d. The CITY and/or other entity operating the aforementioned ambulance unit shall provide for automobile liability insurance coverage. e. ETMC-EMS shall be responsible for any maintenance or repair to the drive train of the ambulance unit. f. If the Coalition requests additional resources from ETMC-EMS, the Parties agree to renegotiate in good faith the annual total subsidy to be paid ETMC-EMS in order to provide sufficient resources for the services described in such Master Contract If the Parties are unable to reach such a mutual agreement,the current provisions shall remain in effect C. Delete the entire text of Section 2.11 FINANCIAL INCENTIVE PROVISIONS and substitute in its place the words IntentionallyLeftBlank. D. In Section 4.03 of ARTICLE IV. CONSIDERATION, delete Subsection a., relettering Subsections b. and c. appropriately. E. In Subsection b. Maximum Total Average Bill (Exclusive Mileage) of Section 4.03 of ARTICLE IV. CONSIDERATION, delete the amount of $406.00 and substitute in lieu thereof the amount of$635.00. F. Add new Sections 4.11, 4.12 and 4.13 to ARTICLE IV. CONSIDERATION which shall read as follows: 4.11 Each city in the Coalition agrees to pay ETMC-EMS an annual subsidy based on the respective city's population, the total of such subsidies for Years 1-5 being as follows: Year 1 69,585.00 Year2 75,516.00 Year3 86,604.00 Year4 100,145.00 Years 112,170.00 The amounts set forth above represent the amounts due ETMC-EMS assuming the Coalition members remain the same as of November 1 ,moo. In the event the Coalition membership changes after November 1 , 2000, ETMC-EMS reserves the right to renegotiate the subsidy amounts. The Coalition agrees to reimburse ETMC-EMS for any ETMC-EMS loss in revenue due to any current Coalition member no longer participating in this Agreement f:\legal\EMS\Wylie MC Mod\091500 2 4.12 ETMC-EMS shall have the exdusive right to bill and collect any third party payor or individual for services rendered by ETMC-EMS,and for any transports rendered by the CITY. 4.13 County Funds. Any funds received from Collin County shall be in addition to the amounts received byETMC-EMS as set forth in Section 4.11. G. Delete Section 7.01 TERM OF AGREEMENT of ARTICLE VII. TERM AND RENEWAL, and in lieu thereof, substitute the following text: 7.01 TERM OF AGREEMENT. The initial term of this Agreement shall be three(3)years,commencing October 1,2000,and ending on September30,2003. H. In Section 7.02 CONTRACT EXTENSION of ARTICLE VII. TERM AND RENEWAL, on the second and third lines, delete the word "five," in the phrase "five-year extension," and substitute in lieu thereof the word "three" so that hereafter the text shall read "three-year extension" on such second and third lines. I. Delete the text of Section 9.16 BOND in ARTICLE IX, GENERAL PROVISIONS and in lieu thereof, substitute the following text: 9.16 PERFORMANCE PENALTY. To provide protection to the CITY and to the Southeast Collin County EMS Coalition, a One Hundred Thousand Dollar ($100,000)performance penalty will be assessed ETMC-EMS, pursuant to the provisions for declaration of major default set forth herein, 2. Miscellaneous: A. Headings. Section headings are for reference only and shall not affect the interpretation or meaning of any provision of this Modification of Master Contract for Paramedic Ambulance Services. B. Effect of This Modification. The modification(s) contained in this Modification of Master Contract shall be limited strictly as written and shall not be deemed to constitute a modification of, or any consent to noncompliance with, any term or provision of the Master Contract except as expressly set forth herein. Except for the modifications expressly set forth herein, all terms and provisions of the Master Contract shall remain unchanged and in full force and effect and are hereby ratified and confirmed. C. Governing Law. THIS MODIFICATION OF MASTER CONTRACT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. D. Counterparts. This Modification of Master Contract may be executed by the different parties hereto on separate counterparts, each of which when so executed shall be deemed an original, but all such counterparts shall constitute but one and the same Modification of Master Contract. E. No ORAL AGREEMENTS. THE MASTER CONTRACT, AS MODIFIED BY THIS MODIFICATION OF MASTER CONTRACT, TOGETHER WITH THE RELATED DOCUMENTS, REPRESENTS THE ENTIRE AGREEMENT BETWEEN THE PARTIES, AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR f:\legal\EMS\Wylie MC Mod\091500 3 SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES. 3. This Modification of Master Contract will become effective on DATED: , 2000. ETMC-EMS: CITY: EAST TEXAS MEDICAL CENTER d/b/a THE CITY OF WYLIE,TEXAS East Texas Medical Center Emergency Medical S ice By: By Antho J. ers, ce President/COO Name: Title: AGREED TO: CITY OF SACHSE,TEXAS CITY OF MURPHY,TEXAS By By CITY OF LUCAS,TEXAS CITY OF PARKER,TEXAS By By CITY OF ST.PAUL,TEXAS CITY OF LAVON,TEXAS By By f:\legal\EMS\Wylie MC Mod\091500 4