Loading...
11-10-1987 (City Council) Agenda Packet AGENDA REGULAR MEETING CITY COUNCIL CITY OF WYLIE NOVEMBER 10, 1987 7 :00 P. M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 9 Consider approval of minutes for October 17, 1987 Council meeting 2 10 - 11 Consider acceptance of letter of resignation from Mr . Steve Fortenberry from the Library Board 3 Oral Consider appointment of replacement for Steve Fortenberry on the Library Board with term expiring July, 1989 4 12 Consider presentation by Mrs . Franks concerning the Ambulance Service 5 13 - 14 Consider recommendation from Planning and Zoning regarding possible amendment to Ordinance 84-10A - Building Code 6 15 Consider approval to grant authorization to City Staff to seek bids for Custodian Services at the New Municipal Complex, Library, Community Center and Public Works 7 16 - 19 Consider approval of Construction Draw #13 for Speed Fab-Crete in the amount of $150 ,000 .00 PUBLIC HEARING AND READING OF ORDINANCES 8 20 - 23 Conduct Public Hearing for the purpose of implementing 9-1-1 Service within the City Limits of Wylie 9 24 - 31 Conduct Public hearing for the rezoning request of Thirsk Corporation on 158 acres out of the Allen Atterbury Survey, Abstract No. 23 - requested zoning is for SF-1 , SF-2 , SF- 3 , Retail and Business -1 ORDER OF PAGE BUSINESS REFERENCE BUSINESS PUBLIC HEARING AND READING OF ORDINANCES 10 32 - 35 Consider approval of a Zoning Ordinance for 158 Acres out of the Allen Atterbury Survey, Abstract 23 for Thirst Corporation 11 36 - 43 Consider approval of a Resolution authorizing the City manager to apply and participate as the City' s Designated Representative in the Governor ' s Community Achievement Awards Program Sponsored by KEEP TEXAS BEAUTIFUL, INC. 12 44 - 47 Consider approval of an Ordinance to provide times for schools zones within the City of Wylie 13 48 - 49 Consider approval of an Ordinance upgrading the penalty in City Ordinances in accordance with State Law 14 50 - 51 Consider approval of an Ordinance amending Ordinance No. 78-17 section 20c to provide truck routes within the City limits of Wylie 15 52 - 53 Consider approval and acceptance of offsite drainage easement for Quail Hollow Phase 2 16 Oral Consider approval of Street Dedication for Quail Hollow Phase 2 17 Adjourn CITY COUNCIL MEETING MINUTES OCTOBER 27 , 1987 The Wylie City Council met in regular session on Tuesday, October 27 , 1987 at 7 : 00 P .M. in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Mayor Chuck Trimble, Mayor Pro Tem Sandra Donovan, Council Members Marvin Blakey, Cal Westerhof, Chris DiTota , and Kent Crane, City Manager James Pitstick, City Secretary Carolyn Jones, Code Enforcement Officer Roy Faires, Finance Director James Johnson, Public Works Superintendent Don White, Assist. Engineer Ron Homeyer, and Chief of Police Royce Abbott . Councilman John Akin was out of town. Mayor Trimble called the meeting to order and Councilman Westerhof gave the invocation. APPROVAL OF MINUTES: Minutes were submitted for the October 13 , 1987 Council meeting . There being no additions or corrections to the minutes , a motion was made by Councilman Westerhof to approve as submitted . Seconded by Councilman DiTota. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . CONSENT AGENDA: The following were listed under the consent agenda : Approval of new Library hours , from 10 AM to 7 PM Monday thru Friday and closed on Saturday, effective Nov. 1 , 1987, Authorization for staff to seek bids for two (2) police cars; acceptance of Eubanks Sewer Line Extension; Approval of Chain of Command letter; approval of Ordinance setting school zone times; approval of resolution supporting Amendment No. 17 . The items listed under the consent agenda are considered as one item. The Council may move, by motion and second, to approve or reject all items contained within. Any Council member may request that an item or items be pulled from the Consent Agenda and considered separately. If such a request is made, those items will occur in numerical order immediately following the vote on the consent agenda. Motion was made by Councilman Westerhof to approve the consent agenda . Seconded by Councilman DiTota . Mayor Pro Tem Donovan requested that the item setting school zone hours be pulled and handled separately. Mayor called for a vote on the consent agenda with the except of the school zone hours . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor, Councilman Blakey - in favor . This motion carried with all in favor . Mayor Pro Tem Donovan stated that the hours for school zones reflected in the ordinance for State Highway 78 should have the 11: 00 thru 12 :30 deleted . The flashing lights do not come on during the lunch hours . Motion was made by Mayor Pro Tem Donovan to approve the school zone hours with the correction of time for the State Highway hours deleting 11: 00 thru 12: 30 . Seconded by Councilman Crane. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor. This motion carried with all in favor . APPROVAL OF RESOLUTION GRANTING AUTHORIZATION TO CITY MANAGER TO PROCEED WITH REALLOCATION OF 1983 COLLIN COUNTY BOND FUNDS AND ADMINISTRATION, DESIGN, AND CONSTRUCTION OF SPRING CREEK PARKWAY AND SANDEN BLVD : Motion was made by Councilman Westerhof to approve and sign the resolution granting authorization to City Manager to proceed with the reallocation of 1983 Collin County Bond Funds. Seconded by Councilman Blakey. Councilman Crane wanted to know if we were hearing from the study council had asked County to do. City Manager John Pitstick said this will not effect that study, this will be part of it . Mayor Trimble called for a vote on the above motion . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF RESOLUTION AUTHORIZING CITY MANAGER/STAFF TO NEGOTIATE LEASING OF SPACE IN THE NEW MUNICIPAL COMPLEX TO OTHER GOVERNMENTAL AGENCIES: Councilman DiTota wanted to know if there has been any interest in the leasing of this building . City Manager John Pitstick said Collin County is interested in moving the J P Court and office into this building, staff is not looking at private sector, just governmental agencies . Councilman Crane wanted to know how the cost compared to other office space being leased. City Manager John Pitstick said County made the statement they are paying $11 .00 sq. ft . in Plano . Motion was made by Councilman Westerhof to approve the resolution authorizing City Manager/Staff to negotiate leasing of space in the new municipal complex . Seconded by Mayor Pro Tem Donovan. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor , This motion carried with all in favor. APPROVAL OF THE AMENDED 87-88 BUDGET: The amended 87-88 budget will fund the $200 ,000 . deficit and eliminates 14 positions, the tax rate will remain at $ . 59 per $100 .00 valuation . Motion was made by Councilman Westerhof to approve the amended 87-88 budget . Seconded by Councilman DiTota . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - abstained, and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF RESOLUTION VALIDATING THE TAX ROLLBACK PETITION: There were 586 valid voter signatures on the rollback petition. Motion was made by Councilman Crane to approve and sign the resolution validating the tax rollback petition. Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF THE CALL AND ORDER FOR ELECTION FOR JANUARY 16 , 1988 FOR REDUCING THE TAX RATE: Motion was made by Councilman Blakey to approve the call and order for Election for January 16 , 1987 for reducing the tax rate. Seconded by Councilman DiTota . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF RESOLUTION CASTING VOTES FOR REVIEW BOARD FOR COLLIN COUNTY CENTRAL APPRAISAL DISTRICT: Councilman Crane called a member of the school board for verification on who they had nominated . Since they did not nominate anyone for this board , they will support the person that Wylie votes for . Motion was made by Councilman DiTota to cast all 27 votes for Mr . Tim Paschall . Seconded by Councilman Crane. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor , and Councilman Blakey - in favor. This motion carried with all in favor . APPROVAL OF AWARD OF BID FOR ASPHALT OVERLAY FOR COTTONBELT AND PARK ROAD: There were four (4) bids received from the following : Hasty Brothers $15 ,000 .00 Marriott Construction $12 ,255 .00 Austin Paving $12 ,573 .00 APAC Texas Bitulithic $11,232 .00 Councilman DiTota wanted to know if the guarantee from all bids were the same. Finance Director James Johnson said all bids were bid with the same specs , with net 30 days to pay after completion . Mayor Pro Tem Donovan said there was a priority list and Cottonbelt jumped up from no where. I have a problem with pushing the priority list out . We do not have the right footage on Cottonbelt , there are fences on the right-of-way. City Manager John Pitstick said this was a good point, but staff wanted to get some streets done before winter and then come back with a full program in the Spring . The concern is if these are not done we will loose the base. Mayor Pro Tem Donovan said what kind of precedence are we setting if we do Cottonbelt without assessing . Council also wanted to know how Williams Street was done . Mr . Don White, Public Works Superintendent said we had 50% participation from the School on Williams Street . Mr . White also said that the excess overlay materials were used between Wylie Auto and the Sonic on Williams . Councilman Crane said he would rather see more pot holes patched than to award $14 ,000 . to do streets . Councilman Crane also asked Mr . White if they were still having a problem with the tack coat machine . Mr . White said the tack machine will not put an even coat on the street. This could cause us some problems if it is not spread evenly. Mayor Trimble said that staff did need to get back on tract with the priority list . Motion was made by Councilman Blakey to award the bid to the lower bidder - APAC Texas Bitulithic in the amount of $11 ,232 .00 . Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion carried with all in favor . APPROVAL OF REPLAT OF OAKS RETAIL ADDITION: Code Enforcement Officer Roy Faires said this is a replat for an additional lot . Staff and Planning and Zoning Commission recommends approval of the replat . Motion was made by Mayor Pro Tem Donovan to approve the replat of Oaks Addition. Seconded by Councilman Crane. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor , Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . CITIZEN PARTICIPATION: Orton Messenger, Jr . 504 Rustic Place - on the reallocation of 83 Collin County Bond money, where did you say it was going. City Manager John Pitstick said $1 ,080 ,000 allocated toward Spring Creek Parkway, $747 ,000 . to Plano Parkway and $100 ,000 . to Highway 78 . We are requesting that $847 ,000 . be reallocated to Sanden Blvd . Mayor Trimble stated that Plano Parkway was built by developers in Plano and the money was just moved to another project . Allan Nosar 505 Rustic Place why was the money put on Sanden Blvd . instead of Highway 78 . Why did you choose Sanden - - State is coming through on FM 544 and Highway 78 but we do not know if the County will come through with money. Mayor Trimble said in working to bring Sanden into Wylie, we said we would get the street put in, we are trying to use the County funds . Michael Turner 201 N. Keefer asked the City Manager what had been promised to Sanden. Mayor Trimble said nothing promised, we said we would try to get a road put in. City Manager John Pitstick said the City will put in a rock road if necessary. Mr . Turner said if this money does not complete the road who will pay for it. Mayor Trimble said it may not get built out at first, but it will get it started . Councilman Blakey said it will be needed for Sanden and they may pay for part of the completion . Mr . Turner wanted to know how much the City would get in taxes . Mayor said around $200 ,000 .00 . Councilman Crane said that when developers come in staff works with them to get the roads put in that are in their development . Mr . Turner said this seems like a lot of money for one road and it may not complete the one road . Mayor Trimble said there is a lot of cost due to the railroad crossing and the bridge. Mr . Turner wanted to know why this 83 money sat for five (5) years . Mayor Trimble said because it was not released until now. Mayor Pro Tem Donovan said also because Council was looking at the "S" curve on Brown Street. Mr . Turner wanted to know what the tax rate will be if there is a rollback. Mayor Trimble said $ .50 cents per $100 .00 valuation. COUNCIL DISCUSSION: Councilman Blakey wanted to know the City' s status on the membership with the Dallas County Electrical Advisory Board. Mr . Roy Faires stated that on page 41 of the packet was a memo stating that the City had attended the meeting and has processed all paper work, we are waiting for the other cities to sign the papers and return to us. Councilman Blakey also stated that in regards to the Planning and Zoning minutes , that a builder had brought up the question of 75% masonry on the first and second floors . I did check with other cities and Dallas, Richardson and Plano did not consider the second floor at all . I am not the builder , one concern is masonry on the second floor is not always feasible. Councilman Crane said he agrees with Mr . Blakey, there are a lot of beautiful homes in these cities that do not have masonry on the second floor . I feel we should compare our ordinance to the cities around us. Mr . Faires stated that the Planning and Zoning Commission was not in favor of this and said if anything it needed to be more masonry than less . City Manager John Pitstick said maybe we should do a survey of eight to ten cities and bring it back to Council on how these cities look at this and enforce it . Mr . Faires said that Planning and Zoning Commission said that we were the only city that enforced it . Councilman Blakey said he would like to see the study. Councilman DiTota said that on the last council meeting , the refuse ordinance was passed, are we notifying the citizens on the water bills . City Manager John Pitstick said we will put it in the water bills. Councilman DiTota also wanted to know if staff had found out any thing about the adopt a Highway project . City Manager John Pitstick said he would like to get the program together and come back in the Spring to get it started . Mayor Trimble recessed the open meeting and convened Council into executive session at 8 : 35 P .M. under the authority of Article 6252-17 V.A.C.S . , Section 2 paragraph "g" personnel - effect of amended budget on personnel , paragraph "f" negotiations concerning real property, city limits and ETJ Murphy and St . Paul and the new Municipal Complex , and paragraph "e" consultation between the governmental body and its attorney, Landfill . Mayor Trimble reconvened the Council into open session at 10 :43 P .M. There was no action on the above items. APPROVAL OF CHANGE ORDER #4 WITH SPEED FAB-CRETE FOR ALLOCATION OF $10 ,000 .00 CREDIT: Motion was made by Mayor Pro Tem Donovan to approve the change order #4 with Speed Fab-Crete as follows : separation of police and engineering providing office for Chief, Lieutenant and Chief ' s Secretary, providing for offices for engineer and staff ; including the closing of the public hall to insure security in the police area in the amount of $5,260 .00 and the remaining chairs to be purchased for the council chambers . Seconded by Councilman Crane . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor, and Councilman Blakey - in favor . This motion carried with all in favor . There being no other business, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary 5 PLANNING AND ZONING COMM I SS I ON MEETING - MINUTES OCTOBER 26, 1987 The City of Wylie Planning and Zoning Commission met for a called meeting on Monday, October 26, 1987, in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were: Chairman Brian Chaney, Marty Stovall, Bart Peddicord, Cecilia Wood, Code Enforcement Officer Roy Faires, Secretary Karen Blythe. Vice-Chairman Ben Scholz, Bob Skipwith and R. P. Miller were absent. CONSIDER APPROVAL OF MINUTES: The minutes submitted for approval were for the October 15, 1987, meeting. Chairman Brian Chaney noted that in Item 442 third to the last sentence and under ADJOURN second to the last sentence Bob Skipworth should have read Skipwith. Also, in the first paragraph of page one Vice-President Ben Scholz should have read Vice- Chairman. Mr. Chaney asked if there were any other any corrections. A motion was made by Bart Peddicord to approve the minutes with the noted corrections. Marty Stovall seconded the motion. This motion carried with all in favor. CONDUCT PUBLIC HEARING ON THE REQUEST FOR RE-ZONING FOR MULTI- ZONING ON 158 ACRES OUT OF THE ALLEN ATTERBURY SURVEY ABSTRACT 23 (COMMONLY KNOWN AS THE THIRSK PROPERTY) : Chairman Brian Chaney asked Roy Faires to give some information on this item before opening the public hearing. Mr. Faires located the Thirsk property on the map. He stated that this property is zoned under the old SF1 and SF2 which corresponds with our present SF2 and SF3. What the developers are propsing is to rezone 57 acres to SF1, 22 acres to SF2, 67 acres to SF3, 5. 7 acres to Retail and 6. 5 acres to Business. Mr. Faires stated as a member of the staff he would recommend approval of this zoning as requested. The Public Hearing was opened at this time by Chairman Brian Chaney for anyone who wished to speak in favor of this item. Mr. William Kaufram of Master Plan addressed the commission. Mr. Kaufram noted their company had been working with Thirsk on the planning of this property. Mr. Kaufram stated that after meeting with Mr. Faires, the previous City Manager and the current City Manager and obtaining information about the city' s master plan, current zoning and other information they have tried to take the key points in the city' s comprehensive plans and work them in while matching the surrounding zoning so the zoning they touch the neighbors with will be equal to or of higher zoning. Mr. Kaufram pointed out on the map where they were planning the zoning of retail and business. He stated they were trying to buffer their business from the existing residential with their own residential and what they are proposing is a plan that meets the criteria of providing a variety of housing types, meets the zoning of the surrounding properties and would provide a development that would be a credit to the city. Chairman Brian Chaney asked if anyone else would like to speak for this item. James Griffin asked if there were any provisions for parks. Mr. Chaney informed Mr. Griffin that this would be taken up during the platting of this property and not during the zoning. Marty Stovall asked what the ratio of people per house was. Mr. Faires stated according to Cog it was 2. 75. Marty Stovall asked if layout of the lot' s property lines of the SF1 would go to the center of the creek. Mr. Faires informed him that would be a platting matter and we were only considering zoning tonight. Chairman Brian Chaney asked if anyone would like to speak against this item. No one addressed the commission. Mr. Chaney closed the public hearing. CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR THE REZONING OF THE 158 ACRES OUR TO THE ALLEN ATTERBURY SURVEY ABSTRACT 23 (COMMONLY KNOWN AS THE THIRSK PROPERTY: Chairman Brian Chaney said that personally he felt this was a very organized and well planned venture. He asked for questions or recommendations. Marty Stovall recommended to the City Council to approve the zoning as presented. Cecilia Wood seconded this motion. This motion passed with all in favor. ADJOURN: There being no other business, a motion was made by Cecilia Wood to adjourn. The motion was seconded by Bart Peddicord. This motion passed with all in favor. /77 ,/7 rian Chaney - Chair n Respectfully submitted ;7;2-22.4,...; g4&7- Karen Blythe Secretary PLANNING AND ZONING COMMISSION MEETING - MINUTES NOVEMBER 2, 1987 The City of Wylie Planning and Zoning Commission met in regular session on Monday, November 2 , 1987 , in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Brian Chaney, Cecilia Wood, R.P. Miller , Bob Skipwith, Marty Stovall , Code Enforcement Officer Roy Faires, Secretary Karen Blythe. Vice-Chairman Ben Scholz and Bart Peddicord were absent . CONSIDER APPROVAL OF MINUTES: The minutes submitted for approval were for the October 26, 1987 , meeting . Chairman Brian Chaney asked if there were any corrections to be made. There were none. A motion was made by Cecilia Wood to approve the minutes as they were. This motion was seconded by R.P. Miller . This motion passed with all in favor. CONSIDER RECOMMENDATION TO CITY COUNCIL FOR POSSIBLE AMENDMENT TO ORDINANCE 84-10A BUILDING CODE: Brian Chaney asked Roy Faires to comment on this item. Mr . Faires stated that he had reported to the Council the discussion of this item from their last meeting. The Council told Mr . Faires they thought he had not provided the Planning & Zoning Commission with adequate information and they felt he should inquire of other cities of their brick requirement . Mr . Faires said as a result he called five other cities. Three of the cities he called required 75% brick for the first floor level with an additional regulation of 50% for each and every elevation. Mr. Faires noted he had spoke with McKinney and they said they had repealed their ordinance in 1981 , and left the brick requirement up to the developer to put in his deed restrictions thereby relieving the code department of their obligation to enforce this regulation. Mr . Faires went on to say that brick does last longer and does reduce fire hazards but there is a pressurized wood that will not burn but it is expensive. Mr . Faires added that the argument which was brought up about this ordinance had nothing to do with the price of material but with what other cites were doing . Mr . Faires stated he had found that each city establishes what they consider the proper amount of protection for their citizens. Bob Skipwith asked if this 75% was excluding windows and doors. Mr . Faires said it was . Brian Chaney stated he felt very strong about this ordinance and that he was opposed to any changes that would limit it or weaken it . R.P. Miller made the comment that he would like to see the ordinance strengthened . He said he felt there should be brick at the ground level with the exception of wood porches to prevent possible fire hazards such as grass fires . Mr . Chaney noted since the city has an ordinance for yard maintenance that he saw no real problem with grass fires. Marty Stovall r stated that he felt that the 75% brick requirement was fair but could understand why some builders did not see eye to eye on this especially on two story homes where sometimes they like to do special design features . Mr . Faires added that other major builders of this city seem to have had no problems complying with this ordinance. Marty Stovall noted that he felt this ordinance was best for the general protection of the community. Cecilia Wood added that she was afraid if the the brick requirement was reduced that we would be adding a real fire hazard to the homes with zero lot line. Brian Chaney noted that the ordinance was strict but fair. R.P. Miller moved that the recommendation to the City Council read that the present ordinance be maintained as presently written with no alterations . Bob Skipwith seconded this motion. This motion passed with all in favor. ADJOURN: There being no other business , a motion was made by Bob Skipwith to adjourn. This motion was seconded by Marty Stovall . This motion passed with all in favor . Brian Chaney - Chairman Respectfully submitted Karen Blythe - Secretary Staff Report to Mayor and City Council DATE: SUBJECT: NO: Nov. 5, 1987_ Resignation of Steve Fortenberry - Library Board / Mr. Fortenberry has accepted a job in Louisana and has already moved from Wylie. He was just recently appointed to the Library Board and his term expires July, 1989. Council will need to accept Mr. Fortenberry's letter of resignation and appoint someone to complete his term. As of this date, I have received no new names of citizens whishing to serve on this board. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL J FOR Ait so. .4FO.7 TACT: OTHER: // October 7, 1987 aayor and City Council City of Wylie, Texas Dear Lady and Gentlemen: rhis letter is to inform you that I am moving to Lake Charles, Louisiana and therefore must regretfully tender my resignation as member and chairman of the Library Board. Although I have been involved with the Board for only a short time, I have enjoyed my association with the members and feel that they are making a positive contribution to the community. Thank you for granting me the opportunity to serve the citizens in this capacity, and best wishes for the future of the City of Wylie and the Rita & Truett Smith Public Library. Sincerely, Stephen Fortenberry // REQUEST TO BE PLACE ON AGENDA Date of next Council Agenda _A2 ,/O/fa22 ' .t :?Li4 , wish to speak to the City Council for the reason listed below: �- Thank you, 6.411-24 j/LititA Signature 79 Stree t a2, 42": ci , 4 - Stat1/ Zi p Code 5/14 - ja;1.(2 Phone Number ///42-1 Staff Report to Mayor and City Council DATE: SUBJECT: NO: at, Nov. 5, 1987 75% Masonry Requirements As reflected by the minutes , the Planning and Zoning Commission considered a possible revision of Ordinance No . 84-10A as requested by the Council . After discussion the motion was made to recommend thaT the ordinance remain as is without any change. Staff surveyed other cities in the area and found the following: 75% OF ALL 75% OF 1ST 75% OF 1ST NO FLOORS FLOOR - 50% FLOOR -2ND MASONRY CITY EXCLUSIVE OF ANY FLOOR REQUIRE- OF OPENING ELEVATION EXCLUDED MENTS Wylie XX Dallas XX Richardson XX Plano XX Garland XX Allen XX McKinney XX Rowlett XX Rockwall XX ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Roy Faires, Code Enforcement Officer FOR ADD.INFO. CONTACT: OTHER: Roy Faires, Code Enforcement Officer '-3 PLANNING AND ZONING COMMISSION MEETING - MINUTES NOVEMBER 2, 1987 The City of Wylie Planning and Zoning Commission met in regular session on Monday, November 2 , 1987 , in the Community Room. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Those present were Chairman Brian Chaney, Cecilia Wood, R. P. Miller , Bob Skipwith, Marty Stovall , Code Enforcement Officer Roy Faires, Secretary Karen Blythe. Vice-Chairman Ben Scholz and Bart Peddicord were absent . CONSIDER APPROVAL OF MINUTES: The minutes submitted for approval were for the October 26, 1987 , meeting . Chairman Brian Chaney asked if there were any corrections to be made. There were none. A motion was made by Cecilia Wood to approve the minutes as they were. This motion was seconded by R.P. Miller . This motion passed with all in favor . CONSIDER RECOMMENDATION TO CITY COUNCIL FOR POSSIBLE AMENDMENT TO ORDINANCE 84-10A BUILDING CODE: Brian Chaney asked Roy Faires to comment on this item. Mr . Faires stated that he had reported to the Council the discussion of this item from their last meeting. The Council told Mr . Faires they thought he had not provided the Planning & Zoning Commission with adequate information and they felt he should inquire of other cities of their brick requirement . Mr . Faires said as a result he called five other cities. Three of the cities he called required 75% brick for the first floor level with an additional regulation of 501 for each and every elevation. Mr . Faires noted he had spoke with McKinney and they said they had repealed their ordinance in 1981 , and left the brick requirement up to the developer to put in his deed restrictions thereby relieving the code department of their obligation to enforce this regulation. Mr . Faires went on to say that brick does last longer and does reduce fire hazards but there is a pressurized wood that will not burn but it is expensive. Mr . Faires added that the argument which was brought up about this ordinance had nothing to do with the price of material but with what other cites were doing. Mr . Faires stated he had found that each city establishes what they consider the proper amount of protection for their citizens. Bob Skipwith asked if this 75% was excluding windows and doors. Mr . Faires said it was . Brian Chaney stated he felt very strong about this ordinance and that he was opposed to any changes that would limit it or weaken it . R.P. Miller made the comment that he would like to see the ordinance strengthened . He said he felt there should be brick at the ground level with the exception of wood porches to prevent possible fire hazards such as grass fires . Mr . Chaney noted since the city has an ordinance for yard maintenance that he saw no real problem with grass fires . Marty Stovall stated that he felt that the 75% brick requirement was fair but could understand why some builders did not see eye to eye on this especially on two story homes where sometimes they like to do special design features . Mr . Faires added that other major builders of this city seem to have had no problems complying with this ordinance. Marty Stovall noted that he felt this ordinance was best for the general protection of the community. Cecilia Wood added that she was afraid if the the brick requirement was reduced that we would be adding a real fire hazard to the homes with zero lot line. Brian Chaney noted that the ordinance was strict but fair. R. P. Miller moved that the recommendation to the City Council read that the present ordinance be maintained as presently written with no alterations . Bob Skipwith seconded this motion . This motion passed with all in favor. Staff Report to Mayor and City Council DATE: SUBJECT: NO3 11-05-87 BIDS FOR JANITORIAL SERVICES TO: John Pitstick, City Manager FROM: James Johnson, Finance Director RE: Request to Seek Bids for Janitorial Services for Municipal Complex This authorization will allow staff to develop a bid proposal and advertise for a janitorial services contract for the new municipal complex. Even though we have reduced our space utilization, the Council approved contracting out these services for 1987-88 in the budget process. For a short period of time, we will utilize our present janitorial person until the contract is advertised, bid and awarded. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL JAMES JOHNSON FOR ADD.INFO. CONT OTHER: /5 TO: JAMES JOHNSON/FINANCE DIRECTOR FROM: ROY FAIRES/BUILDING OFFICIAL /' . SUBJECT: FINAL DRAW - SPEED FAB-CRETE . DATE: NOVEMBER 2, 1987 Speed Fab-Crete has presented a bill for the final draw in the amount of $181, 799. 40. In reviewing the spread sheet, there is some work that I know remains to be done and some additional that I suspect will have to be done. I am recommending that we pay only $150, 000 of this request. I have advised representatives of Speed Fab-Crete of this decision by telephone. Should all of the required work be completed in thirty days it will be my recommendation at that time to pay the balance. /6 APPLICATION AND CERTIFICATE FOR PAYMENT a1A DOCUM G7 2 TO (OWNER): CITY OF WY LIE PROJECT: CITY OF WYLIE MUNICIPAL COMPLEX fit'3 APPLICATION NO: Distribution to: 114 c,A_L hU +i7LIE, csa:� 7`.U9'3 0 OWNER PERIOD TO: 0'7,`ri01 0 ARCHITECT 5F'EEG F:S C4iE CORP T 0 CONTRACTOR FROM (CONTRACTOR): VIA (ARCHITECT): LEE 5TL' ,RT ASSOCIATES 0 1151„ t, t:;-ik5 iEL'u iii,.Y, i ,U. 80X 1552: ARCHITECT'S «6U9i_ PROJECT NO: 0F�F 43Fi! TEXAS 6115 CITY MiAIIPAL COMF'LD CONTRACT FOR: CONTRACT DATE: 'i Jra6 • Application is made for Payment, as shown below, in connection with the Contract. CONTRACTOR'S APPLICATION FOR PAYMENT CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ 1,734,@H.u0 Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ 1'6,b/8,00 previous months by Owner 3. CONTRACT SUM TO DATE(Line 1 ± 2) $ 1,l 3,716.uu TOTAL 4. TOTAL COMPLETED&STORED TO DATE $ `,153,716.00 — Approved this Month t+lumber„ Dated proved 5. RETAINAGE: '" 00 a. " % of Completed Work $ r•L'''` s -i U1c' 14,R43,0( #.. 9; /87 1`'")54'' b. % of Stored Material $ d7 j,pij Total Retainage(Line 5a + 5b or TOTALS j , Total in Column 1 $ 0.00 N. Net change by Change Orders 6. TOTAL EARNED LESS RETAINAGE $ 1,753,716.00 The undersigned Contractor certifies that to the best of the Contractor's knowledge, (Line 4 less Line 5 Total) information and belief the Work covered by this Application for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR completed in accordance with the Contract Documents, that all amounts have been PAYMENT(Line 6 from prior Certificate) $ 1,571,916,6u paid by the Contractor for Work for which previous Certificates for Payment were g. CURRENT PAYMENT DUE $ 181,799.40 issued and payments received from the Owner, and that current payment shown herein is now due. 9. BALANCE TO FINISH, PLUS RETAINAGE $ • 0,00 (Line 3 less Line 6) • S;:'EEi; 7 h:; ,9EIE C(;RPOr,4T;uf . 1NT'L i. CONTRACTOR: State of: TF r.a County of: "' �`"` Subscribed and sworn to before me this day of ) 19�� • - /� `�a � Notary Public: 9' 1� ad, By: Date: ! My Commission expires: /0 _ /Q_9/ 'j AMOUNT CERTIFIED $ / Pi !" ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation amount ce title. differs from the amount applied or.) /ARCHITECT: / In accordance with the Contract Documents, based on on site observations and the AO ', / data comprising the above application, the Architect certifies to the Owner that to the g4) C44g 9:2 best of the Architect's knowledge, information and belief the Work has progressed as �: �L. �� — �� Date: indicated, the quality of the Work is in accordance with the Contract Documents, and This C-rtificate is not negotiable. T AMOUNT CERTIFIED is payable only to the the Contractor is entitled to payment of the AMOUNT CERTIFIED. Contractor named herein. Issuance, •ayment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. ..�.... ..... ...... .....w.......a..ri..Lr....+.r...+r....-.�........... ..y.r....4nM«w.�M..wYw.�w...•t...v.•ww— —_ -.+.�.�..r...r.-..�..�....rw ... _._..—�.�...—._._. _. t. CONTINUATION SHEET AIA DOCUMENT G7v'i; Ji �.'Y Cr : •� PAGE , OF 1 PAGES APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: ti3 In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: ila903 WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH A B C Applications Application F C(D+E+F) % H(C-G) I SITE WORK 58,564.00 58,564.00 U..7 59,564.00 100'1 0.00 TEMP SERVICES 4,500.00 4 3i;i;,(;i . 0.00 4,500.00 100% 0.00 ARCHITECT DRAWINGS 6,05i.000 6,050.00 0.00 ! 6,050.00 100,. 0.00 SHOP DRAWINGS 15,500.00 15,500.00 0.00 15,500.00 100% 0.00 ENG. STA,",F 1,000.00 I,00.00 0.00 1,000.0C; 100% 0.00 FOUNDATION WORV, 107,545.00 107,545.00 0.00 107,545.00 1001 0.0 PIERS 25,245.00 25,245.0: 0..0 25,245,00 100% 0.00 ? .�U EONCEIE WORT. 317,429,70 _II ,49.00 0.00 353,429.00 100% 0.00 SIRE IN 1,200... 1,200.00 100% 0.00 FetCr;ul i4L4 210, l6_.�0 cii,,163.0i: 0.00 210,163.00 100%100% li.00 RYLIE SIGN 14.000.00 14,0O0.0 o.00 14,000.00 100%. 0.00 JOIf'1T/WALL TREATMENT 8,575.00 8,575.00 0.00 8,575.00 100% 0.00 JOIST/GIRDER/DECK 82,198.O0 82,08.00 0.00 82,198.00 100% 0.00 BUILT UP ROOF 85,498.0C, 85,482,00 0.00 85,488.00 100% O.c0 SPRINKLER ER 39 .160.C. _ti,u6,,r .0. 0.00 34 060.00 iC'G/ i .00 ^E O � f :ilA:, DGO�S-k1liDu .3,612.00 33,612.00 .Oii 33,512.00 lu?i'L 0.00 DRIVE TH UUGH WINDOW 4,913..0 4,918.00 0.00 4,918.00 100% 0.00 INTERIOR/WOOD DOORS 36,804.00 .6,3'A4,p(: 0.010 36,304.00 100% 0.00 DRYWALL 5, CEiL:NL 143,244.k ,2.44.00 14' 0.00 ;43,244.00 100; 0.00 FLOORING 35, b0.00 35,660.00 0.00 35 660.00 100% 0.00 TAINTING 11,998.OQ 1:,Y32,0 i 11f 998.00 1007 0.00 �1 CARFENIP 4,:t..11l. 4,«li.0'. 0.0. 4,220.00 10% 0.00 LUMBIUO 78,792.00 ;1,792.00 o,i. 78,792.00 1 % ,��u,. 0..!i 0 ELEC:RICAL 93,334.00 59,114.00 .,00 99,334.0C. 100% 0.00 A- !HEi;TINI 90,70,0.0,; 90,000.00ii.0 90,01�:o .0(: 100'r. i-.siii FLAG POLE 7,751.ft 7,751.00 0.00 7,751.30 ;00% 0.00. JAIL S7LIiFM.EU, 63,5_0.00 63,5-A.7') .00 63,530,00 1007. 0.30 TG..ET AC:ESSOFHS it -9;, .G 11,591.0'' .0 11,591.00 100'% 0.00 0LEAr; .iF 5, 00.00 5,100, 0.00 100.00; 100% - .90 S�Ji-ERINIENLE : .0li8.40 3v,0li!0.0 0.00 30,000.00100% 0.00 SUB TOTAL OR TOTAL I CONTINUATION SHEET PAGE OF PAGES APPLICATION AND CERTIFICATE FOR PAYMENT, containing CONTRACTOR'S signed Certification is attached. APPLICATION NUMBER: In tabulations below, amounts are stated to the nearest dollar. Use Column I on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: WORK COMPLETED ITEM DESCRIPTION OF WORK SCHEDULED STORED TOTAL COMPLETED AND BALANCE RETAINAGE No. VALUE Previous This MATERIALS STORED TO DATE TO FINISH A B C Applications Application F G(D+E+F) % H(C—G) I D FE . .MANGE 53NE.' i9,.:27.00 1? 27.00 u.00 19,327. 0 IQQi. 0.00 lli:.UR{illi:t 66,440.00 66,440.'J-; 0.00 66,440.00 IOUX 0.00 ..;J 01 6,842.00 6,E42.00 0.00 6,842.00 1MZ 0.00 :.10 14,';48.00 14,948.00 0.00 14,948.0) 100. 0.00 #J 5 0 54 � i - '�.:,Jq.l)�.i -iti.:�J'�.i�: U.it;) 'I0,0J4 r0 i1 100Z 0.00 : 0 #4 7,142.00 .._,. 7,142.00 7,142.00 100%. 0.00 SUB TOTAL OR TOTAL 1,753,718.00 1,746,574.00 7,14:.00 1,75;.71b.00 0.00 Staff Report to Mayor and City Council DATE: SUBJECT: NO: Nov. 5, 1987 Public Hearing 9-1-1 Service The City Council set Nov . 10th as the date for the public hearing on the 9-1-1 service. Attached is a copy of the resolution passed on October 13 , 1987 setting this date. The purpose of this public hearing is to seek input from the citizens and to establish a collection fee per access line of approximately $ . 93 per month that will be added to each telephone bill and will authorize the Company to act as a collection agency for the City. All attached is the public hearing notice that was published in the Wylie News on October 21st and October 28th . ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Carolyn Jones, City Secretary FOR ADD.INFO. CONTACT: OTHER: Carolyn Jones, City Secretary JD RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS RESOLUTION NO. 17- IO/3' '7/ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, CALLING A PUBLIC HEARING WITHIN THE CORPORATE LIMITS OF THE CITY OF WYLIE ON THE QUESTION OF ESTABLISHING 911 EMERGENCY SERVICE AND ON THE QUESTION OF IMPOSING EMERGENCY SERVICE FEES FOR IMPLEMENTATION THEREOF. WHEREAS, the General Telephone Company has proposed that 911 emergency telephone service be furnished within the boundaries of the City of Wylie; and WHEREAS, the City Council of the City of Wylie has determined that it is in the best interest of the public health, safety, and general welfare to consider a 911 emergency service system for implementation within the City; and WHEREAS, the City Council desires input from the public as to the implementation of such system and the imposition of fees necessary for the purchase, installation, operating and maintenance expenses of such service; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That a public hearing shall be held on the /QM day of 924 iv , 1987, for the purpose of obtaining input from the public with regard to the implementation of 911 emergency telephone service within the corporate limits of the City and with regard to the imposition of 911 emergency service fees to provide for the purchase, installation, operating and maintenance expenses of 911 emergency service to be furnished pursuant to a written contract between the City of Wylie and the General Telephone Company. SECTION 2. Notice is hereby given that it is anticipated that the implementation of such service will establish a collection fee per access line of approximately Ninety-three Cents (930 per month that will added to each telephone bill and will authorize the Company to act as a collection agency for the City. SECTION 3. Citizens are requested to respond in person at the public hearing or by letter addressed to the City of Wylie, P. O. Box 428, Wylie, Texas 75098. SECTION 4. The City Secretary is directed to publish this resolution in the official newspaper of the City at least ten (10) days prior to the date set for the public hearing, to distribute copies of this resolution to all persons requesting the same, and to post a copy hereof on the official bulletin board of the City at least ten (10) days prior to said public hearing. DULY PASSED by the City Council of the City of Wylie, Texas, on the ,3//v day of XeVil„) , 1987. APPR • �� MAY Olitimminsitroi ATTEST: SEALS ‘‘,s !? ,E'C • IT �R Y Y , T0- ; -kmunm 02 4•%o - ,,/ 4-04.7 ,pee PUBLIC HEARING NOTICE The City of Wylie will conduct a public hearing on Tuesday, November 10, 1987 at 7:00 P.M. in the Community Room at 108 Thomas Street. The purpose of this public hearing is to obtain input from the public with regard to the implementation of 911 emmergency telephone service within the corporate limits of the city and with regard to the imposition of 911 emergency service fees to provide for the purchase, installation, operating and maintenance expenses of 911 emergency service to be furnished pursuant to a written contract between the City of Wylie and the General Telephone Company. Notice is hereby given that it is anticipated that the implementation of such service will establish a collection fee per access line of approximately Ninety-three Cents (930 per month that will be added to each telephone bill and will authorize the Company to act as a collection agency for the City of Wylie. Citizens are requested to respond in person at the public hearing or by letter addressed to the City of Wylie, City Secretary, P 0 Box 428, Wylie, Texas 75098. Carolyn Jones, City Secretary a?._3 Staff Report to Mayor and City Council DATE: SUBJECT: NO: Nov. 5, 1987 ZONING FOR 158± Acres - THRISK PROPERTY The Planning and Zoning Commission held a public hearing on the request for re-zoning on the Thrisk Property on October 26 , 1987 . Planning and Zoning Commission recommends the zoning as follows: SF-1 57 Acres SF-2 22 Acres SF-3 67 Acres Retail 5 .7 Acres Business 1 6.5 Acres ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Roy Faires, Code Enforcement Officer FOR ADD.INFO. CONTACT: OTHER: PLANNING AND ZONING COMMISSION MEETING - MINUTES __ OCTOBER 26, 1987 The City of Wylie Planning and Zoning Commission met for a called meeting on Monday, October 26, 1987, in the Community Room. A quorum was present and notice of the meeting had been pasted in the time and manner required by law. Those present were: Chairman Brian Chaney, Marty Stovall, Bart Peddicord, Cecilia Wood, Code Enforcement Officer Roy Faires, Secretary Karen Blythe. Vice-Chairman Ben Scholz, Bob Skipwith and R. P. Miller were absent. CONSIDER APPROVAL OF MINUTES: The minutes submitted for approval were for the October 15, 1987, meeting. Chairman Brian Chaney noted that in Item #2 third to the last sentence and under ADJOURN second to the last sentence Bob Skipworth should have read Skipwith. Also, in the first paragraph of page one Vice-President Ben Scholz should have read Vice- Chairman. Mr. Chaney asked if there were any other any corrections. A motion was made by Bart Peddicord to approve the minutes with the noted corrections. Marty Stovall seconded the motion. This motion carried with all in favor. CONDUCT PUBLIC HEARING ON THE REQUEST FOR RE-ZONING FOR MULTI- ZONING ON 158 ACRES OUT OF THE ALLEN ATTERBURY SURVEY ABSTRACT 23 (COMMONLY KNOWN AS THE THIRSK PROPERTY) : Chairman Brian Chaney asked Roy Faires to give some information on this item before opening the public hearing. Mr. Faires located the Thirsk property on the map. He stated that this property is zoned under the old SF1 and SF2 which corresponds with our present SF2 and SF3. What the developers are propsing is to rezone 57 acres to SF1, 22 acres to SF2, 67 acres to SF3, 5. 7 acres to Retail and 6. 5 acres to Business. Mr. Faires stated as a member of the staff he would recommend approval of this zoning as requested. The Public Hearing was opened at this time by Chairman Brian Chaney for anyone who wished to speak in favor of this item. Mr. William Kaufram of Master Plan addressed the commission. Mr. Kaufram noted their company had been working with Thirsk on the planning of this property. Mr. Kaufram stated that after meeting with Mr. Faires, the previous City Manager and the current City Manager and obtaining information about the city' s master plan, current zoning and other information they have tried to take the key points in the city' s comprehensive plans and work them in while matching the surrounding zoning so the zoning they touch the neighbors with will be equal to or of higher zoning. Mr. Kaufram pointed out on the map where they were planning the zoning of retail and business. He stated they were trying to buffer their business from the existing residential with their own residential and what they are proposing is a plan that meets the criteria of providing a variety of housing types, meets the zoning of the surrounding properties and would provide a development that would be a credit to the city. Chairman Brian Chaney asked if anyone else would like to speak for this item. James Griffin asked if there were any provisions for parks. Mr. Chaney informed Mr. Griffin that this would be taken up during the platting of this property and not during the zoning. Marty Stovall asked what the ratio of people per house was. Mr. Faires stated according to Cog it was 2. 75. Marty Stovall asked if layout of the lot' s property lines of the SF1 would go to the center of the creek. Mr. Faires informed him that would be a platting matter and we were only considering zoning tonight. Chairman Brian Chaney asked if anyone would like to speak against this item. No one addressed the commission. Mr. Chaney closed the public hearing. CONSIDER APPROVAL OF RECOMMENDATION TO CITY COUNCIL FOR THE REZONING OF THE 158 ACRES OUR TO THE ALLEN ATTERBURY SURVEY ABSTRACT 23 (COMMONLY KNOWN AS THE THIRSK PROPERTY: Chairman Brian Chaney said that personally he felt this was a very organized and well planned venture. He asked for questions or recommendations. Marty Stovall recommended to the City Council to approve the zoning as presented. Cecilia Wood seconded this motion. This motion passed with all in favor. ADJOURN: There being no other business, a motion was made by Cecilia Wood to adjourn. The motion was seconded by Bart Peddicord. This motion passed with all in favor. IY/ rian Chaney - Chair n Respectfully submitted Karen Blythe Secretary a 6 A P P L :c.AT I ON TO Boar.] of Adjustment and Npoeals ( Building ) ORDINANCE 83-15 Board of Adjustment and Appeals ( Zoning) ORDINANCE 81-5 5-1 Planning and Zoning Commission ORDINANCE 81-5 ' NA1!E Thirsk Corporation N.V. , represented bv- `1ASTFRPLAN A DRESS 500 So. Frvav, Suite 1"_A, Dallas, Texas 75201 • LOT BLOCK S1BDIVISION Twin Lakes -S .S OF ,=,P?L .CATICN. interpretation f1 Special exception for use or development F 1 Variance x Rezoning exception to Building Code EXPLANATION: Request rezoning on 1S8tacres *-om old S_1 category to new ratPgr'Ps of SF-1 (57± acres) , SF-2 (22± acres) , SF-3 (67± acres) , Retail (5. 7± acres) , and Business-1 (6. 5± acres) .) . Proposed zoning districts _are as shown on the attached -rap (8 copies attached) . Location of tract is along east side of Ballard Drive south of Wylie High School. SIGNITURE of APPLI CAN DATE September 30, 1987 Must be accompanied by filing fee of $ 3 ,2 5 Received: 9- 3 . - 2r7 Date : :ODE EN, CEMENT OFFICER02 7 POWER OF ATTORNEY ; __, F500 0 . =w _ ^ec.a present . ^C%":Orate': Jncer toe ' aws of the Nether ands Ant; . 'es, ras made, constituted arc appointed -' ---e- arc ' awful - attorney, ' t -� use =� ba^e` � �aTe, p .=a and _tea-�, _benefit, �. act - _ ra ' or Dena i the -.."part' arm tp repr :ert _re _:Tpany in a -ratters - - concerning � �- -pera t7ns . ]i v „ and :rant- to said attorney cower of attorney to do a - . arc every ..t arc n. whatsoever -�eq ;' ;,e and ece -- tore re• ative a y oevOregoing aS 'ul y to all intents arc purpoCes as pr' n-`ipa , T'. ;;nt or could do it persona r y present. Al : that said attorney shall lawfully 'c orl � � cause to be mere under "^e authority of this power is expressly approved. `^ ` :owe- attorney � execution i shall,, l re7a �n rorce om the :ate pr its�Ligust :8, 1988. er7'nation take place automatica'7 'y and no written notice of sucn re, o:a-lion s-a77 be :oglished of record. Sicred in _rao, Netnerlands tint= "es Cr August :9 1987. TH'RSK: :cRPORA':ON N. V. by is `"a^.aging �i rectcr BEAN MANAGEMENT SOMPA'4 N. V. SG/ 315 o2 v E. r:othr= _ resiien,. e: If8z acres locate'.. -'as: Jf 3a__ar.. D. _ 'e ac 'acent to the __re Station ei: authorize,-; ' STE Rp-yN to represent the .:'iRSK _n all masters rewarding the rezoning of the Oert. • ttached to this et a sower .,f _:: roe.: authorizing me to act ` s a copyepn Je:'Idi_ of ._RSK RAT__-' , ..,:e 'Wner of the abo e referenced crczer:y. I H'RSK C PO ?ON `. . . 7V jozef :'a '_ en • a9 u' fans located in Collin County, Texas, on Old Highway No. 78 South of Wylie, Texas, and being out of three tracts of land as conveyed to Marvin K. Collie by Nancy Morris Collie by deed as filed in Volume 534 at page 223 of the Deed Records of Collin County, Texas, and being also described In conveying 252 undivided interest to C. Truett Smith, as record- ed in Volume 489 at page 297 of Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at the Southwest corner of said Allen Atterbury Sur- vey, Abstract No. 23, said commencing point being located in center line of Old Highway No. 78; thence North 89 deg. 55 min. East 30.00 feet to a point , said point being located in the East R.O.W. of said Old Highway No. 78 and being the Southwest corner of 3rd tract, a 39.013 acre tract as described in said deed to Marvin K. Collin ; thence North 277.00 feet to the Place of Beginning; THENCE Easterly with the North line of a 25. 19 acre tract of land conveyed to J.J.R.&B. Co. by deed recorded in Vol . 1117 at page 352 of the Deed Records of Collin County, Texas ; 1 . North 89 deg. S5 min. East , 427.00 feet; 2. North 89 deg. 56 min. East, 1101 .50 feet ; 3. South 89 deg. 55 min. East, 1187.02 feet; 4. North 89 deg. 51 min. East, 1246.84 feet to iron stake set in old fence line for corner; THENCE North 0 deg. 21 min. East with fence and with an East line of a 10 acre tract described as second tract in said deed to Marvin K. Collie, 1125.83 feet to a stake set for corner at the Northeast corner of said 10 acre tract; THENCE North 89 deg. 48 min. West with fence and North line of 10 acre tract , 308.20 feet to stake set for corner at base of corner post and being located on the East line of said 130 acre tract and being the Northwest corner of said 10 acre tract; THENCE North 0 deg. 24 min. East with old fence line and on the East line of Old Wagon Road and on East line of said 130 acre tract , 794.02 feet to stake for corner set at base of corner post ; THENCE North 89 deg. 44 min. West with old fence line and North line of Old Road, 1313 feet and continuing with the North line of Old Road for a total distance of 2673.46 feet to stake set for corner; THENCE South 0 deg. 52 min. West with fence line and West line of said 130 acre tract , 468.45 feet to stake set at base of corner post for corner; THENCE South 89 deg. 50 min. West with fence and North line of 39.013 acre tract called Third Tract in said deed to Marvin K. Collie, 689.08 feet to point for corner on the Northeast corner of a 1.50 acre tract; THENCE South 220.00 feet to a point for corner being the South- east corner of a 1 .50 acre tract ; THENCE South 89 deg. 50 min. West 297.00 feet to a point in the East R.O.W. of Old Highway 78 and the Southeast corner of a 1 . 50 acre tract; THENCE South with East R.O.W. of said Old Highway No. 78, 1245.147 feet to Place of Beginning and containing 158.06 acres of land with 1 .45 acres required to release Blanket Lone Star Gas Ease- ment for high pressure gas line and 0.88 acre contained in North Texas Municipal Water District Easement and T.P.E L. Easement which gives a total of 2.33 acres out of 158.06 acres contained in Easement Areas and; �.J O 4 .\ 4 , 1 I '. / ',,,• ' . ‘T... .....mmiu XX, A i _, , . 1 111.1.6=011111..16.1;11 I._ S(•I I I •NI() ./ 1 . ..I * i'41 AC OF" .. f , ... -. ... .• , ri missmosana primaimixa IIIMMIllimmans 111111immegs immignme 111111....... m .1 ignmins Vali .../ I . (,.. % P j SF-3 L- \c'ill 1 A ...., , 1 .. . ., ......A . r Tr. .. . .,„ ._. . "*".......... ci immiii \\ I•I CY") 14' r , ...... ................7 , n PE TAIL • un ......... 1 111.Li ..•..0.0 11.171 000.11°.°5 annmenim immosse ii .if r- tv I SF- ? i , 1, 1 . , . c . ......„. FilISINFS I II \ I . SF - 3 \ 4:14111%:1\444sakib /7 SF-I 11( l \ I L I I 11111140,, 40, 41%gikaiZZ ommus limmil riumniimm moommina ummummem ummina mememi mil\immaii imosimmum mamaisk signorminno Ilammumini•••114 eiumminimme visessomerisam j ,.., PROPOSED ZONING MAP I 141p•J. ( }NA t MN I WIN t AKF r, ',11,101,11',If)PJ CORWIN ENGINEFRING INC r.,,., , . ,, 1 .,r.,, i . II ,I1' oinVf I A'. I I •A'. 'II r VII / I •• . •. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200 .00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie , Texas , in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of Thirsk Corporation N.V. should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit : SF-1 57± Acres; SF-2 22± Acres; SF-3 67± Acres Retail 5.7± Acres: and Business 1 6.5± Acres Said property being described as follows: 158± Acres out of the Allen Atterbury Survey Abstract 23 See attached """" o► wyr ,e, texas, and being out of three tracts of land as conveyed to Marvin K. Collie by Nancy Morris Collie by deed as filed in Volume 534 at Pae Records of Collin County, Texas, and being also2describedDind conveying 252 undivided interest to C. Truett Smith, as record- ed in Volume 489 at page 297 of Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at the Southwest corner of said Allen Atterbury Sur- vey, Abstract No. 23, said commencing point being located in center line of Old Highway No. 78; thence North 89 deg. S5 min. East 30.00 feet to a point , said point being located in the East R.O.W. of said Old Highway No. 78 and being the Southwest corner of 3rd tract , a 39.013 acre tract as described in said deed to Marvin K. Collin; thence North 277.00 feet to the Place of Beginning; THENCE Easterly with the North line of a 25. 19 acre tract of land conveyed to J.J.R.SB. Co. by deed recorded in Vol . 1117 at page 352 of the Deed Records of Collin County , Texas ; 1 . North 89 deg. 55 min. East , 427.00 feet ; 2. North 89 deg. 56 min. East, 1101 .50 feet; 3. South 89 deg. 55 min. East, 1187.02 feet ; 4. North 89 deg. 51 min. East , 1246.84 feet to iron stake set in old fence line for corner; THENCE North 0 deg. 21 min. East with fence and with an East line of a 10 acre tract described as second tract in said deed to Marvin K. Collie, 1125.83 feet to a stake set for corner at the Northeast corner of said 10 acre tract; THENCE North 89 deg. 48 min. West with fence and North line of 10 acre tract , 308.20 feet to stake set for corner at base of corner post and being located on the East line of said 130 acre tract and being the Northwest corner of said 10 acre tract; THENCE North 0 deg. 24 min. East with old fence line and on the East line of Old Wagon Road and on East line of said 130 acre tract , 794.02 feet to stake for corner set at base of corner post ; THENCE North 89 deg. 44 min. West with old fence line and North line of Old Road, 1313 feet and continuing with the North line of Old Road for a total distance of 2673. 46 feet to stake set for corner; THENCE South 0 deg. 52 min. West with fence line and West line of said 130 acre tract , 468.45 feet to stake set at base of corner post for corner; THENCE South 89 deg. 50 min. West with fence and North line of 39.013 acre tract called Third Tract in said deed to Marvin K. Collie, 689.08 feet to point for corner on the Northeast corner of a 1 .50 acre tract; THENCE South 220.00 feet to a point for corner being the South- east corner of a 1 .50 acre tract ; THENCE South 89 deg. 50 min. West 297.00 feet to a point in the East R.O.W. of Old Highway 78 and the Southeast corner of a 1 . 50 acre tract; THENCE South with East R.O.W. of said Old Highway No. 78, 1245.1,7 feet to Place of Beginning and containing 158.06 acres of land with 1 . 45 acres required to release Blanket Lone Star Gas Ease- ment for high pressure gas line and 0.88 acre contained in North Texas Municipal Water District Easement and T.P.b L. Easement which gives a total of 2.33 acres out of 158.06 acres contained in Easement Areas and; 3 .,I I 1rt V. 11110 j '1I ` I°I.ff1M 1 \w:. 1 _.tro- • ............._ r ........... ...._„ ,..........a.,_ _ ____ __ __, ,....i , t ' ' .11 n.rj t,r .Ar'_ Is 7 I SF 3 .� r , i nemsi\\ � II \\ , , SF - I I n r-41. ,_..............7 R f TAIL �I,n. .�.,.,.,. r \ 00.1.11811 ...... .....,, 11 I ,' Iiir 1 SF- ? 'CP% . 414\44 - % LI_____ UNINiumn giji SF I% �' """�"k ""'...'.ram rl.�..........q.,...M�.�..,...... J . ► imp(cEL ZONING MAP /WIN l Ah.1 ', '.I trlllivl'.Iltr) "" t r' Ir II. III II • . 'I I r.•r1'1 CORWIN FNGINFFRING INC 'I , '+ •.v.I It II .A'. V I,' '•IIrie 1..1 I'1/1 / 1•MIn II •�•, SECTION 2 . That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect . SECTION 3 . That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4 . That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional , illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5 . That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200 .00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6 . It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare fo the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides . DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, this the llth day of November 1987 . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary Staff Report to Mayor and City Council DATE: SUBJECT: NO: Nov. 5, 1987 KEEP TEXAS BEAUTIFUL PROGRAM (� City Council has been interested in pursing an active anti-litter or clean-up program. We would like to propose an ongoing program through the KEEP TEXAS BEAUTIFUL Program to apply for the Governor ' s Community Achievement Awards. Seven Hundred Thousand Dollars ($700 ,000 . ) is available for highway landscape projects throughout Texas. Many communities are well ahead of Wylie in this process and we may not receive funds in the first year . However , by entering the KEEP TEXAS BEAUTIFUL Program we can involve the entire community in a cooperative effort and get assistance from the State and other communities . A resolution is enclosed that designates the City Manager to apply for the Governor ' s Community Achievement Awards and seek community wide assistance for improving quality of life through anti-litter campaigns . ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL John Pitstick, City Manager FOR ADD.INFO. CONTACT: OTHER: John Pitstick City Manager 36 RESOLUTION NO. 87-11-10-87 A RESOLUTION OF THE CITY OF WYLIE, TEXAS AUTHORIZING THE CITY MANAGER TO APPLY AND PARTICIPATE AS THE CITY' S DESIGNATED REPRESENTATIVE IN THE GOVERNOR 'S COMMUNITY ACHIEVEMENT AWARDS PROGRAM SPONSORED BY KEEP TEXAS BEAUTIFUL, INC. WHEREAS, The City of Wylie has undertaken in the past and will further initiate an anti-littering and clean- up program for its citizens ; WHEREAS, The City of Wylie wishes to involve other groups in this clean-up, anti-litter and beautification program thru public awareness and public involvement; WHEREAS, The City of Wylie is interested in promoting recycling and insuring a better quality of life for all its citizens , as well as utilizing these efforts as an economic development tool; WHEREAS, The City of Wylie will seek support and participation in this effort from the schools, civic groups, Chamber of Commerce, businesses , Churches, merchants and other interested parties in promoting this effort along with achieving goals established; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF WYLIE, TEXAS: SECTION 1 That the City Manager is authorized as the designated city representative to enter/apply to Keep Texas Beautiful , Inc . as a participant in the Governor ' s Community Achievement Awards Program. SECTION 2 That the City Manager/Staff will seek the assistance of citizens, civic groups , merchants , businesses , the Chamber of Commerce, schools, and other interested persons/ parties in promoting Wylie' s compliance with program guidelines and procedures . 7 SECTION 3 That the City with assistance from other groups and parties will promote recycling; community awareness , an improved quality of life through an anti-litter , landscaping and clean-up program for the City. And that these groups will seek a common set of objectives and goals for the City in achieving compliance with the program' s activities . DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS ON THE 10TH DAY OF NOVEMBER, 1987 . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary TE� \ . If U T , I, V0V 3 1987 Keep Texas Beautiful, Inc. PC.BOX 225' • AuS'.N "EXA.S 78758• 5'2 478-88'3 '--✓� 1 October 16, 1987 MEMO TO MAYORS, CITY MANAGERS, CHAMBERS OF COMMERCE, BUSINESS AND CIVIC LEADERS SUBJECT: $700,000 GOVERNOR'S COMMUNITY ACHIEVEMENT AWARDS SPONSORED ANNUALLY BY KEEP TEXAS BEAUTIFUL, INC. Is your city going to receive its share of the $700,000 in in- kind landscaping prizes from Keep Texas Beautiful's Governor's Community Achievement Awards? Litter Decreasing, Quality of Life Increasing Last year, through the Governor's Awards, Keep Texas Beautiful reached and involved roughly one-third of the State's total population and became the largest volunteer community litter prevention program of its kind in the nation. Through participation in the Governor's Awards, Texans joined together at the grassroots to achieve the biggest assault on litter in Texas history. As a result, the rate of State spending for cleanup of State roads was dramatically reduced (from an average growth of 17% per year down to 1%) and the amount of trash and litter on our highways was reduced by 54% over a two-year period. Economic Benefits These impressive gains for Texas are the result of dedicated community involvement by concerned citizens recognizing that a clean, attractive city is not only a more favorable place to live, work and play, but it also gives a community an edge to attract new business and industry to enrich the local economy. In short participating in the Governor's Awards program is an economic development tool which can be used by the whole community to expand industry and jobs, and increase local tourism. Total Community Effort It takes the cooperation of the entire citizenry to beat the littering problem -- municipal government, schools, businesses, the chamber, industry, churches, and civic groups. Keep Texas Beautiful invites your community to join in this partnership by entering your city in the 1987-88 Governor's Community Achievement Awards. This is a positive program that will pay your community dividends for years to come. The enclosed entry PRESIDENT BOARD OF DIRECTORS: Larry En.ard,'+cus:oe R.B."Smiley"Jones,:erscana Gary Phillips,a.oustor. William Snyder,Corpus Crust Ebby Halliday Acers.Dallas O.cna Rec✓cmg Company n., Na,a••,"-only CAB::,s;em pas:e Management Inc 'ne Snyder Company Ebro,-ramday REALTORS !^ Dennis Engelke,Austin Ron Kercheville,a_s r. S.Legrand Sims.Dallas FIRST VICE PRESIDENT Maurice Aesrs,Dallas and Austn soarCoecerarves .er Keec A,' 3eau:'_ erns Con,nenta,Can Comsanv :IS A Acers,n,esment Ccmcacr Betty English, eer.v:l!e Sharon Leonard, e^v-'e Juliet Staudt,Galves:or Ed Davis,San Anton,o Grace Cartwright Wear^e^orc ,,;,m. '.',u,.,.eer ;ea-;,.,e^v:e •c C.ean Gatres!ce me Sea a h San Aruonro Assx:a:,cn .,,c wader Ra,c,er William R.Falco,'Aaco Nelda Lewis,K. William P.Verne,_ace_acKson TREASURER Nancy Chancellor._Jtk:r anrnng C.tv cf Aacc K pu•c - <Sea,,,;eaten Assr Ass:C,;v Massager CA of:ape✓ac,rr. Ruche Jackson,Grand',are Anger:Ca 9eauurur Creae Sadie Ray Graff.San.Anton, Robert Lelbrock M p a^- Va.)/Or see' Car cf Grace°•anre Benny Childs,Peeper: 3ea..7h San Arnun,o Assn ea^'1_3,1 ,nc F-X-0FFlC10. Cow Cnemrcal.U S A Jack E.Hillman.-rouston Bob McElearney,Dd.'as Craig A.Steffens,Acst5n EXECUTIVE DIRECTOR _ _ Deparment ano PUC,C Martha Dollarhide.WC: w -- ma C ,; -•rng„o a p.Mary Ellen Alexander Shoo Austn a• Don Clark Ausr•n Keep All,'_N,'ont Mary Marshall Holley nwa;- George McKinney Keep sexes Beautrfut nc S_wnw oc seaun cap o C,.. __c r_ aF arc_o .,.. Department of ei,gnwa✓s ano P o.c a^secs-c^ GCAA MEMO Page Two form provides excellent guidelines for getting organized. We hope to hear from you right away, and to be of help to your community over the coming months. The deadline for completed entries is April 30, 1988. Please send back the enclosed Intent Card so we can add your city to our growing list of enthusiastic communities which are putting action behind the words, "Don't Mess With Texas!" Act now! Sincerely, dt, William K. Snyder, President Keep Texas Beautiful, Inc. ary Elleai Shoop, E ecutive irector Keep Te s Beautiful, Inc. 1D OFFICIAL ENTRY FORM 1987-88 GOVERNOR'S COMMUNITY g c T £ ACHIEVEMENT AWARDS * •ter * 1 U T \ F An Annual Program Sponsored By KEEP TEXAS BEAUTIFUL, INC. Deadline: April 30, 1988 GENERAL INFORMATION OFFICIAL ENTRY FORM • Enclosed please find your City's OFFICIAL ENTRY FORM. This form should be used in competing for the 1987-88 GOVERNOR'S COMMUNITY ACHIEVEMENT AWARDS. • All Texas cities and communities are eligible to compete for the GOVERNOR'S COMMUNITY ACHIEVEMENT AWARDS, except the eight winners of the preceding year's competition. • To qualify, please fill out the Information Collector Sheet and the Entry Questionnaire, sign the Attest Statement on the last page of the Entry Questionnaire, and provide Supplementary Materials as appropriate. Please try to restrict your responses to the space provided. If additional space is required, please continue your answer on the back of the page. Please do not use additional pages;additional pages will not be judged. Fill out this Entry Questionnaire or a copy of this questionnaire, only. Entry forms received which have been computer replicated or otherwise recast are subject to disqualification. Simply staple the entry form together and keep separate from the Supplementary Material;do not bind or laminate the entry form. • Answer questions only for those activities or areas in which your organization, city or community is actively involved. Mark all others"WA" (not applicable) or leave blank. • The Entry Questionnaire contains six judging sections. Each judging section is worth varying points. "Perfect"score is maximum of 100 points. Entry receiving highest total of points will be declared the winner for that population category: ,Judging Sections Scoring CLEANUP 25 points PUBLIC AWARENESS 25 points EDUCATION (SCHOOLS) 25 points LAW ENFORCEMENT 12 points RECYCLING 10 points QUALITY OF LIFE 3 points TOTAL 100 points • DEADLINE: All Official Entries in the 1987-88 Governor's Community Achievement Awards should be received by KEEP TEXAS BEAUTIFUL, INC. by APRIL 30, 1988. • Entries will be judged by an Independent judging panel. Decisions of the judges shall be final. Entries become the property of KEEP TEXAS BEAUTIFUL, INC. • Entries should cover a "reporting" or program period of approximately 12 months. May we recommend that the Official Entry Form be used as a guide for planning your communities' activities. Please, read each question carefully and plan your activities accordingly. As a matter of suggestion only, community leaders may want to consider organizing in summer for a September kickoff, culminating in spring with a massive outdoor Keep America Beautiful Week celebration. Public Lands Day is September 12, 1987; Keep America Beautiful Week is the fourth week in April, culminating with the State Department of Highways GREAT TEXAS TRASHOFF, and sponsored in conjunction with the Don't Mess With Texas Campaign. These observations lend themselves to Mayoral support through official proclamations and widespread community involvement. • Mail or deliver the Official Entry Form to KEEP TEXAS BEAUTIFUL, INC. Mailing Address: P.O. Box 2251, Austin, Texas 78768. Street Address: The Littlefield Building, Suite 35, 106 E. Sixth Street, Austin, Texas 78701. $700,000 HIGHWAY LANDSCAPING PRIZES TO WINNING CITIES • By vote of the State Highways and Public Transportation Commission, a combined $700,000 in highway landscape projects will be awarded to the 1987-88 Winning Cities of the GOVERNOR'S COMMUNITY ACHIEVEMENT AWARDS. • Cities compete within the following eight population categories, with the opportunity to win a handsome cast aluminum plaque signed by the Governor of Texas, plus the following levels of funded highway landscape projects: Highway Landscape Fight Population Categories Funding 1. Up to 2,500 population $ 20,000 2. 2,501 - 5,000 population 25,000 3. 5,001 - 10,000 population 30,000 4. 10,001 - 25,000 population 50,000 5. 25,001 - 60,000 population 60,000 6. 60,001 - 100,000 population 100,000 7. 100,001 - 300,000 population 130,000 8. 300,000+ population 285.000 TOTAL $ 700,000 • Specific locations of landscape projects to be determined by consultation with the State Department of Highways and Public Transportation and the Winning Cities. Highway landscape projects to be designed, funded, contracted and maintained by the Department. AWARDS CEREMONY • In addition to the funded highway landscape projects, Winning Cities take home handsome cast aluminum plaques, suitable for display in a prominent community location. Plaques are underwritten by KEEP TEXAS BEAUTIFUL, INC., sponsors of the GOVERNOR'S COMMUNITY ACHIEVEMENT AWARDS. • An additional AWARD OF EXCELLENCE will be given to one of the eight Winning Cities, designating this city as top pacesetter in keeping Texas beautiful for 1987-88. • Plaques are presented by the Governor of Texas (or his designated representative) during impressive ceremonies culminating the 21st Annual Meeting of KEEP TEXAS BEAUTIFUL, INC. to be held in July 1988 at the San Luis Hotel,Galveston. FOR MORE INFORMATION: Contact KEEP TEXAS BEAUTIFUL, INC. by mail or phone: 512/478-8813 or toll-free 1-800/CLEAN-TX(1-800/253-2689). ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 87-20 TO PROVIDE A SCHOOL ZONE ON STONE STREET FROM BALLARD STREET TO 150 FEET EAST OF HILLTOP, WITH A MAXIMUM SPEED LIMIT OF 20 MILES PER HOUR DURING THE HOURS OF 7:30 A.M. TO 8:30 A.M. AND 2:30 P.M. TO 4:30 P.M. ON SCHOOL DAYS; AMENDING ORDINANCE NO. 86-78A AND 87-21 TO ESTABLISH A SCHOOL ZONE ON BROWN STREET FROM 150 FEET NORTH OF RUSTIC TRAIL TO GATEWAY BEND, WITH A MAXIMUM LAWFUL SPEED LIMIT OF 20 MILES PER HOUR DURING SCHOOL ZONE HOURS OF 7:30 A.M. TO 8:30 A.M., 11:00 A.M. TO 12:30 P.M., AND 2:30 P.M. TO 4:00 P.M. ON SCHOOL DAYS; AMENDING ORDINANCE NO. 83-38 TO PROVIDE A SCHOOL ZONE WITH A MAXIMUM SPEED LIMIT OF 20 MILES PER HOUR ON STATE HIGHWAY 78 FROM JACKSON STREET TO WILLIAMS STREET DURING THE HOURS OF 7:30 A.M. TO 8:30 A.M. AND 2:30 P.M. TO 4:00 P.M. ON SCHOOL DAYS; AMENDING ORDINANCE NO. 83-40 TO PROVIDE SCHOOL ZONES WITH A MAXIMUM LAWFUL SPEED LIMIT OF 20 MILES PER HOUR ON KIRBY STREET FROM STATE HIGHWAY 78 TO BIRMINGHAM STREET, ON BIRMINGHAM STREET FROM STATE HIGHWAY 78 TO BALLARD STREET, AND ON STONE ROAD FROM BALLARD STREET TO BIRMINGHAM STREET DURING THE HOURS OF 7:30 A.M. TO 8:30 A.M., 11:00 A.M. TO 12:30 P.M., AND 2:30 P.M. TO 4:00 P.M. ON SCHOOL DAYS; ESTABLISHING A SCHOOL ZONE WITH A MAXIMUM SPEED LIMIT OF 20 MILES PER HOUR ON BALLARD STREET FROM STONE STREET TO 150 FEET SOUTH OF BIRMINGHAM STREET DURING THE HOURS OF 7:30 A.M. TO 8:30 A.M. AND 2:30 P.M. TO 4:00 P.M. ON SCHOOL DAYS; REPEALING ORDINANCE NO. 87-52 AND ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. 1/ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That Ordinance No. 87-20 be, and the same is hereby, amended by amending Section 1A1(a), F.M. 544 South and East of S.H. 78, by deleting the following language, to wit: "• . 20 miles per hour when so signed for school location (Station 2+00 to Station 17-00) at certain specified times" and to insert in lieu thereof the following language, to wit: "20 miles per hour when so signed on Stone Street from Ballard Street to 150 feet east of Hilltop Street during the hours of 7:30 a.m. to 8:30 a.m. and 2:30 p.m. to 4:00 p.m. on school days." SECTION 2. That Ordinance No. 86-78A, Section 1A1(b) be, and the same is hereby, amended by deleting the following, to wit: "• . school speed limit of 20 miles per hour when so signed for FM 3412 (Brown Street) eastbound and FM 3412 westbound (Brown Street)" and Ordinance No. 87-21 be amended by amending Section 1A1(c) in part by deleting the following, to wit: "• . . . 20 miles per hour when so signed for school location (Station 492+40 to Station 502+40) at certain specified times" and by substituting in lieu of said language from both ordinances, the following: "20 miles per hour when so signed for Brown Street from a point 150 feet north of Rustic Trail to Gateway Bend during the hours of 7:30 a.m. to 8:30 a.m., 11:00 a.m. to 12:30 p.m., and 2:30 p.m. to 4:00 p.m. on school days." SECTION 3. That Ordinance No. 83-38 be amended by amending Section 1A1(c) in part as follows: ". . • . 25 miles per hour when so signed on State Highway 78 from Jackson Street to Williams Street during the hours of 7:30 a.m. to 8:30 a.m. and 2:30 p.m. to 4:00 p.m. on school days." SECTION 4. That Ordinance No. 83-40 be, and the same is hereby, amended by amending Section 1 thereof to read as follows: "Section I. . . . . a. Birmingham Street from the point of its intersection with S.H. 78 to the point of its intersection with Ballard Street, a maximum speed of 30 miles per hour, except between the hours of 7:30 a.m. to 8:30 a.m., 11:00 a.m. to 12:30 p.m., and 2:30 p.m. to 4:00 p.m. on school days, when the maximum speed shall be 20 miles per hour. b. On Stone Road from the point of its intersection with Ballard Street to the point of its intersection with Birmingham Street, a maximum speed of 30 miles per hour, except between the hours of 7:30 a.m. to 8:30 a.m., 11:00 a.m. to 12:30 p.m., and 2:30 p.m. to 4:00 p.m. on school days, when the maximum speed shall be 20 miles per hour. c. On Kirby Street from the point of its intersection with S.H. 78 to the point of its intersection with Birmingham Street, a maximum speed of 30 miles per hour, except between the hours of 7:30 a.m. to 8:30 a.m., 11:00 a.m. to 12:30 p.m., and 2:30 p.m. to 4:00 p.m. on school days, when the maximum speed shall be 20 miles per hour." SECTION 5. That Ballard Street from the point of its intersection with Stone Road to a point 150 feet south of Birmingham Street is hereby established as a school speed zone during the hours of 7:30 a.m. to 8:30 a.m. and 2:30 p.m. to 4:00 p.m. on school days, and the maximum speed limit is hereby fixed during those hours at 20 miles per hour, which speed is determined and declared to be the maximum reasonable and safe speed for motor vehicles traveling upon said street, and no vehicle shall be operated along or upon any portion of said street in excess of such speed. The City Manager or his representative is directed to erect an appropriate sign giving notice of the speed zone established by this section. SECTION 6. That Ordinance No. 87-52 and all ordinances in conflict are hereby repealed. SECTION 7. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 8. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of Wylie, Texas, shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1987. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: 47/L,1_7( CITY ATTORNEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCES NO. 84-15, 77-5, 85-51B, 82-14, 85-58, 73-4, 84-16, 74-9, 87-1, 84-27, 83-18, 82-23, 62-16, 71-8, 86-33, 84-17, 84-65, 87-10, 83-37, 72-19, 83-38, 83-39, 83-40, 83-11, 83-8, 78-5, 78-7, 78-19, 78-10, 79-2, 83-42, 75-2, 79-23, 85-54A, 69-11, 86-82, 87-5, 72-20, 81-5, 64-2, 63-6, 76-16, 85-59, 79-16, 87-7, 86-81, 71-7, 74-14, AND 78-18, BY PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AMENDING ORDINANCES NO. 86-80, 56-10A, 85-95, 72-3, AND 71-4 TO PROVIDE A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR VIOLATIONS • ARISING THEREUNDER GOVERNING FIRE SAFETY, ZONING, AND PUBLIC HEALTH AND SANITATION, INCLUDING DUMPING OF REFUSE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That Ordinances No. 84-15, 77-5, 85-51B, 82-14, 85-58, 73-4, 84-16, 74-9, 87-1, 84-27, 83-18, 82-23, 62-16, 71-8, 86-33, 84-17, 84-65, 87-10, 83-37, 72-19, 83-38, 83-39, 83-40, 83-11, 83-8, 78-5, 78-7, 78-19, 78-10, 79-2, 83-42, 75-2, 79-23, 85-54A, 69-11, 86-82, 87-5, 72-20, 81-5, 64-2, 63-6, 76-16, 85-59, 79-16, 87-7, 86-81, 71-7, 74-14, and 78-18 be, and they are hereby, amended to provide a penalty of fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. SECTION 2. That Ordinances No. 86-80, 56-10A, 85-95, 72-3, and 71-4 be, and they are hereby, amended to provide a penalty of fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each violation of an ordinance that governs fire safety, zoning, and public health and sanitation, including dumping of refuse as defined in Section 2.09 of the Texas Litter Abatement Act, Article 4477-9a, Vernon's Texas Civil Statutes. SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1987. APPROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM: • n oLit,4„— CITY ATTORNEY ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 78-17 BY AMENDING SECTION 20c TO PROVIDE TRUCK ROUTES ON BROWN STREET, BALLARD STREET, STONE STREET, AND STATE HIGHWAY 78; AMENDING SECTION 20b TO PROVIDE FOR COMPLIANCE WITH TRUCK ROUTE REQUIREMENTS BY ANY MOTOR VEHICLE WITH A RATING OF OVER TWO (2) TONS; PROVIDING EXCEPTIONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That Ordinance No. 78-17 be, and the same is hereby, amended by amending Section 20b to read as follows: "SECTION 20: TRUCK ROUTES. b. Compliance Required. It shall be unlawful for any motor vehicle with a rating of over two (2) tons carrying capacity with tandem axle and/or any truck trailer or tractor trailer to use, travel upon, or be driven over any street, avenue or highway within the City not designated in this section as a truck route, provided however, that if the point of origin or destination of a commercial vehicle shall be off such truck route, then such vehicle may proceed by the shortest possible route to or from its destination to the nearest truck route and provided further, that this restriction shall not apply to emergency vehicles as that term is defined by law, by public service vehicles of a governmental agency, or by service trucks of a public utility conducting any operations on any street other than the truck route." SECTION 2. That Ordinance No. 78-17 be, and the same is hereby, further amended by amending Section 20c to read as follows: "SECTION 20: TRUCK ROUTES. c. Truck Routes. The following streets and parts of streets are designated as truck routes for purposes of this section: NAME OF STREET LIMITS Brown Street West of Ballard Street Ballard Street North of Stone Street Stone Street East of Ballard Street State Highway 78 At all points within the City limits" SECTION 3. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional. SECTION 5. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the Municipal Court of the City of Wylie, Texas, shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense, and each and every day any such violation shall continue shall be deemed to constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Wylie, Texas, on the day of , 1987. APP ROVED: MAYOR ATTEST: CITY SECRETARY APPROVED AS TO RDA: r 1.0/d t CITY ATTORNEY V / Staff Report to Mayor and City Council DATE: SUBJECT: NO: - Nov. S. 1987 _ Off Site Drainage Easement Quail Hollow #2 The Wylie School District has requested these items be put on the agenda to allow for construction of the perimeter streets around P. M. Akin Elementary. The necessary off site drainage easements have not been secured at agenda packet time. The school district should have the necessary easements by Tuesday evening . If the off site drainage easements have not been received by Tuesday night , staff would recommend that these items be tabled or that a stipulation that construction could not begin until the easements are received by the City. ORIGINATING DEPT.HEAD DISPOSITION BY COUNCIL Ron Homeyer, Assist. Engineer FOR ADD.INFO. CONTACT: OTHER: Ron Homeyer, Assist. Engineer Ni E M O R A N D U M DATE: _ plc /jam 4-r -1 7 TO: _ioj' n r , t = _ lck . C. Manager FROM: Ron H(.7m -:r- , .,_ t . C t ✓ engineer SUBJECT: Plat and c•c Flans APProval 1 6.: '�4 l L ,lC : 4-._ E ;. rE 5__..p i-i f- 5 E -r" L i C_,- r cro, The material attached is aPnr-'o'-ed ov the Engineering :) Partment as being comPlete and acceptable for Placement on the net appropriate agenda. 0 Freliminar'v Flat to Planning and Zoning C Preliminary Plat to Cite., Council 0 Final Flat to Planning and Zoning /Fnal Flat to City Council i Construction F''ians to City Council +or construction a P G ro y.a.l only r Council Final I-i a i Flat a t _ - _ 1 t.Y ��:_� for�r subdivision acceptance along With final inspection statement COMMENTS: T) /Ali4 6" e5r�T /4/ i(/c T EP"eit/ P�FStAi Trb --- R-H:,a m _c e Public Wors Director Code Enforcement Officer Subdivision File Chronological File 53 InfoRmqL REpoRrs s / Informal Report to Mayor and City Council SUBJEU I: DATE: Na JUNK YARDS 11-3-87 / Since last we met this department has succeeded in causing one embryo junk yard to be aborted. G.55 COLLIN COUNTY KEN BANGS Justice of the Peace Precinct 3. Place 1 Collin County, Texas 661 E. 18th Street, Plano, Texas 75074 (214) 6R 1-3001 `JVE`f;ER 2, 1987 :ENO RAND UM 0: `;EMBERS OF THE COLLIN COUNTY PUBLIC OFFICALS ASSOCIATION 'ROM: KEN BANGS °FERENCE: NOVEMBER MEETING lE CCPOA WILL MEET THURSDAY, NOVEMBER 19, 1987, AT THE HOLIDAY INN, McKINNEY. EASE NOTE THAT THIS REPRESENTS A CHANGE IN OUR NORMAL MEETING ROUTINE. THE ANGE IS MADE BECAUSE OUR NORMAL MEETING FALLS ON THANKSGIVING. ADDITIONALLY, ?ASE NOTE A CHANGE IN THE AGENDA. THE MEETING WILL BEGIN AT 6:30 O'CLOCK P.M. "H A SOCIAL TIME UNTIL 7:00 O'CLOCK P.M. , DINNER AT 7:00 O'CLOCK P.M. AND : PROGRAM AT 7:30 O'CLOCK P.K. THE CHANGE WILL GIVE OUR SPEAKER AN EXTRA .F HOUR FOR HIS PROGRAM. SPEAKER FOR THE EVENING WILL BE DR. DAN LONG, SUPERINTENDENT OF THE CARROLLTON— MERS BRANCH I.S.D. DR. LONG WILL BE ACCOMPANIED BY THE HONORABLE BOB LUNA, ORNEY AT LAW. THEY WILL DISCUSS THE EDGEWOOD V. KIRBY LAWSUIT PARTICULARLY IT IMPACTS LOCAL SCHOOL OPERATIONS. S PROGRAM IS A PARALLEL TO THE SEPTEMBER MEETING IN WHICH WE HEARD FROM ;TE REPRESENTIVE BEN CAMPBELL. IT IS OBVIOUS FROM THAT MEETING THAT EDGEWOOD KIRBY WILL EFFECT ALL ASPECTS OF LOCAL GOVERNMENT AND WILL NOT BE LIMITED J SCHOOL OPERATIONS. SOUNDS LIKE AN INTERESTING MEETING. PLAN TO ATTEND AND BRING A FRIEND. WE NEED YOUR RESERVATIONS NO LATER THAN 10:00 O'CLOCK A.M. , THURSDAY, NOVEMBER 19, 1987. PLEASE CALL THEM IN TO MS. BLAKELY AT 578-7120. Not Produced at Government Expense SALLINGER, NICHOLS, JACKSON, KIRK & DILLARD (Formerly Saner, Jack, Sallinger & Nichols) ALFRED SALLINGER Attorneys & Counselors at Law PRESTON CENTER OFFICE H.LOUIS NICHOLS 1800 Lincoln Plaza 8222 Douglas Ave Suite 707 LAWRENCE W.JACKSON 500 N. Akard Dallas.Texas 75225 TIN KISS Dallas, Texas 75201 (2141 692-1218 ROUCRT L.DILLARD III (214) 954-3333 ROSERT D.HEM/MILL RO•ERT E.MAGER PETER O.SMITH October 30, 1987 SOY L.ARMSTRONG OAVIO M. ROSERT L.DILLARD.JR. JOHN F.ROMP III OF COUNSEL SRUCE A.STOCRARO PAM GANDAL EUDARIC Mayor and City Council City of Wylie P. O. Box 428 Wylie, Texas 75098 Dear Mayor and Council: You recently asked me for an opinion as to the ability of a property owner within the extraterritorial jurisdiction of the City of St. Paul to require St. Paul to release its property from its ETJ so that it can go into the ETJ of Wylie and be annexed and subsequently served with Wylie city services. As you know, the Municipal Annexation Act, now found in the Texas Local Government Code, provides each city or town with exclusive extraterritorial jurisdiction, the extent of which depends on the population of a town or city. St. Paul, having less than 5,000 inhabitants, has an exclusive extrateritorial jurisdiction of one-half mile. Apparently, the property in question is within the exclusive ETJ of St. Paul. Section 42.023 of the Texas Local Government Code provides that extraterritorial jurisdiction of a town or city may not be reduced except by written consent, that is resolution or ordinance, of the governing body of that town or city. There are provisions for the creation of other political subdivisions in the ETJ of a town or city. These include the creation of special utility districts and so forth. However, even the creation of a special district would not remove the property from the ETJ of St. Paul and, in fact, would also require the consent of St. Paul. The property owner may have an argument against St. Paul that it is, by virtue of its official stance not to release his property so that it can be annexed by Wylie, establishing a custom or policy which prevents the economically viable use of his property for any purpose and that such policy works a taking without compensation or due process of law. I do not know of any Texas case where this has been successfully done. In any event, this would be a cause of action that the property owner might consider, and the City of Wylie would have no standing to make any such claim or argument. I hope this answers the questions you had with regard to the matter. If it does not, or if you have any other questions, please let me know. Very truly yours, SALLINGER, NICHOLS, JACKSON, �KTx DILLARD N.1, ( _ 4_, 4. c , ' 0 i ,,,,q,, ,, _ . „,,ct„__ , .ti ,,,, Robert L. Dillard Ill RLD/sb