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07-28-1987 (City Council) Agenda Packet DATE POSTED 7-24-87 TIME POSTED 6:45 P.M. AGENDA REGULAR MEETING, CITY COUNCIL CITY OF WYLIE, TEXAS JULY 28 , 1987 7:00 P.M. COMMUNITY ROOM 800 THOMAS STREET CALL TO ORDER INVOCATION ORDER OF PAGE BUSINESS REFERENCE BUSINESS 1 1 - 18 Consider approval of minutes . 2 19 Consider appointment to the Zoning Board of Adjustments to replace Cecelia Woods . Term expires July, 1988 . (Council request) . 3 Oral Consider redesignation of individual from Sallinger , Nichols, Jackson, Kirk and Dillard law firm to serve as City Attorney. (Council request) . PUBLIC READING OF ORDINANCES 4 20 - 21 Consider amendment to Ordinance 87-2 , Sign Ordinance . 5 22 - 26 Consider an Ordinance adopting the Standard Building Code . 6 27 - 32 Consider an Ordinance adopting the Standard Fire Code. 7 33 - 35 Consider an Ordinance adopting the Standard Plumbing Code. 8 36 - 38 Consider an Ordinance adopting the Standard Gas Code. 9 39 - 41 Consider an Ordinance adopting the Standard Mechanical Code. 10 42 - 44 Consider an Ordinance adopting the Standard Housing Code . 11 45 - 48 Consider an Ordinance amending Ordinance 85-7 , Electrical Ordinance to allow for Reciprocal Licensing . 12 49 - 50 Consider amendment to Ordinance 85-19A, Rush Creek Lift Station . ORDER OF PAGE BUSINESS REFERENCE BUSINESS NEW BUSINESS 13 51-61 Consider approval of multiple zoning request on 183 .4 acre tract , located within the Francisco De La Pina Survey, Abstract No. 688 . (Pendry property) 14 62 - 65 Consider approval for specific use permit to operate a pawn shop on 1 acre tract out of Francisco De La Pina Survey, A- 688 (commonly known as Home Town Furniture, Inc.) 15 66 - 69 Consider approval of final plat for Caldwell Addition, Block 1 , Lot 1 . (McDonald' s) 16 70 - 81 Consider discussion of of proposed agreement of the H .B. Allard vs . Roger C. Finholt case . 17 82 Presentation by Judy Lippe of 203 Tanglewood in regards to speed bumps in her alley. 18 83 Presentation by Dan Davenport of 400 Jefferson in regards to the following items: (1) Reconstruction of Cottonbelt Street . (2) Traffic concerns in the alley which runs parallel to Cottonbelt Street . (3) Severe water pressure problems. GENERAL DISCUSSION 19 Citizen participation. 20 Council discussion. UNFINISHED BUSINESS 21 84 - 99 Consider approval of final plat for Birmingham Farms , Tract 17 . 22 100 Consider results of the questionaire sent to the residents in Kinsington Manor regarding street lights . CITY COUNCIL MEETING MINUTES 7 : 00 P.M. JULY 14 , 1987 The Wylie City Council met in regular session on Tuesday, July 14 , 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 Calvin Westerhof, Kent Crane, John Akin, Chris DiTota , and Marvin Blakey, Acting City Manager James Johnson, City Secretary Carolyn Jones , Code Enforcement Officer Roy Faires , Engineering Office Ron Homeyer , Acting Public Works Director Don White and Bob Dillard from City Attorney' s Office. Mayor Trimble called the meeting to order and gave the invocation. APPROVAL OF MINUTES: Minutes were submitted for the June 23rd, June 29th and July 6th meetings . There being no corrections or additions to the minutes a motion was made by Councilman Westerhof to approve as submitted . Seconded by Councilman DiTota. Mayor Pro Tem Donovan said she was not happy with the minutes , she was not making any corrections , but did not like them being so political . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - 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 . APPOINTMENT OF VACANCIES TO THE PLANNING AND ZONING COMMISSION: There are three vacancies to the Planning and Zoning Commission . Motion was made by Councilman DiTota to appoint Marty Stovall , Bart Peddicord and Cecelia Woods . Seconded by Mayor Pro Tem Donovan . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 . APPOINTMENT OF VACANCIES TO THE PARKS AND RECREATION BOARD: There are three vacancies to the Parks and Recreation Board . Motion was made by Mayor Pro Tem Donovan to appoint John Smyder . Seconded by Chris DiTota . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - against , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - against , and Councilman Blakey - in favor . This motion carried with five (5) in favor and two (2) against . Motion was made by Councilman Crane to appoint Mark Wise. Seconded by Councilman Akin. The vote was as follows : Mayor Trimble - against , Mayor Pro Tem Donovan - against , Councilman Akin - in favor, Councilman Westerhof - against , Councilman DiTota - against , Councilman Crane - in favor , and Councilman Blakey - against. This motion failed with a vote of two (2) in favor , and five (5) against . Motion was made by Councilman DiTota to appoint D. F. (Skeeter) Whitlow. Seconded by Councilman Blakey. The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - against , Councilman Akin - against , Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - against , and Councilman Blakey - in favor . This motion carried with four (4) in favor, and three (3) against . Motion was made by Councilman Westerhof to appoint Joanie Zeeb. Seconded by Councilman Blakey. The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - 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 . The three new members to the Park and Recreation Board are John Smyder, D. F. (Skeeter) Whitlow and Joanie Zeeb. APPOINTMENT OF VACANCIES TO THE CONSTRUCTION TRADE BOARD: There are two vacancies to the Construction Trade Board . A motion was made by Councilman DiTota to appoint Mark Stafford . Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 . APPOINTMENT OF VACANCIES TO THE LIBRARY BOARD: There are four vacancies on the Library Board . Motion was made by Mayor Pro Tem Donovan to appoint Carol Barry, Steve Fortenberry, Pat Zimmerman and Robert Fultz . Seconded by Councilman DiTota. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 AN ORDINANCE AMENDING ORDINANCES 79-16 AND 85- 59, WEEDY LOT ORDINANCE - SECTION 1 AND 4: Mr . Roy Faires stated that the amendment was amending the height of the grass/weeds to 12 inches or higher and the time period to response to letters would now be seven (7) days . Mayor Pro Tem Donovan asked Mr . Faires if this ordinance covered swimming pools . Mr . Faires said the amendment , Ordinance #85-59 addressed swimming pools. Councilman DiTota asked the City Attorney if the council could add to this ordinance if a person has frequent letters about weedy lots, can you fine them immediately. Mr . Dillard from the attorney' s office said that weed/grass ordinances are governed by state laws and you must give a person so many days to comply. The city judge can put a stiffer fine on repeat offenders . Mr . Faires stated that the city staff could not recommend to the judge an amount for fine. Mr . Faires said he has files and some are repeat offenders , but as soon as they receive a letter, they usually get the property mowed. Motion was made by Councilman Westerhof to approve the amendment to the weed/grass ordinance. Seconded by Mayor Pro Tem Donovan . The vote was as follows : Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor, Councilman Akin - 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 A RESOLUTION ENDORSING THE TEXAS MUNICIPAL LEAGUE ' S POSITION ON BROADENING THE SALES TAX BASE FOR TEXAS CITIES: Texas Municipal League is asking cities for their support for broadening the state sales tax base. This resolution is presented to the Council for approval . If approved , the resolution will be sent the Texas Municipal League headquarters for their presentation to the State Legislature if they receive the support that is needed . Motion was made by Mayor Pro Tem Donovan to approve the resolution . Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem 1 Donovan - in favor , Councilman Akin - 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 ORDINANCE 87-35 AUTHORIZING AND DIRECTING THE EXECUTION OF THE NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE SEWERAGE TREATMENT SERVICES CONTRACT: Mr . Carl Riehn stated that in accordance with the instructions from the City Council , the contracts that are before you have been approved by the North Texas Municipal Water District Board of Directors . Councilman Akin said looking back four (4) months ago , TWC was putting stipulations on the City of Wylie in regards to the treatment plant , and North Texas Municipal Water District came back into the picture and helped the City from having a six (6) million dollar debt . Motion was made by Councilman Akin to approve the contract for sewerage treatment services with North Texas Municipal Water District . Seconded by Mayor Pro Tem Donovan . Councilman Crane said in looking at this contract, North Texas Municipal Water District will own and operate the plant until the bonds are paid , but the City of Wylie will be responsible. Councilman Crane said that the City has no control , but yet we are liable for the plant. Councilman Crane said he felt the City was writing a blank check, if the district is going to own/operate the plant then they should be responsible . Mr . Riehn said the contract did read that way, the reason is because North Texas Municipal Water District operates these plants at cost with no profit for the extra costs of legal matters , etc. NTMWD does this just for cities and their board will see that these things do not get out of control. Mr. Frank Medanich said that the contract applies that the City will have exclusive use of the plant and therefore the City should be responsible. Councilman Crane said he had a hard time giving up control and yet telling the citizens that City is held responsible. Mr . Riehn said NTMWD can build these extra figures for being responsible into this contract if that is what the cities want but by leaving it out , it keeps the operation costs down. Councilman DiTota wanted to know if the vehicles damage the roadways during construction , does that leave the City responsible for repairs . Mr . Riehn said if it is road damage, the City usually repairs the road and the NTMWD works with the City in the cost of repairs , but if it is damage to another persons property or vehicles , NTMWD had insurance to cover this. Mr. Dillard from the City Attorney' s office, voiced concern about the whole harmless statement in section 7 of the contract. Mr. Dillard wanted to know how the City funded this - how will the city fund protection if NTMWD injures another person. City Manager James Johnson said the City has insurance to cover this . Mr . Dillard also asked who actually takes care of what they can do with streets while doing construction on job sites . City Manager James Johnson said he has talked with Mr . Riehn about this and Mr . Riehn said he has no problem with issuing a letter to the City requesting approval to use each street . There being no other questions or discussion , Mayor Trimble called for a vote. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - against , and Councilman Blakey - in favor. This motion carried with six (6) in favor and one (1) against . APPROVAL OF ORDINANCE #87-36 AUTHORIZING AND DIRECTING THE EXECUTION OF THE NORTH TEXAS MUNICIPAL WATER DISTRICT - CITY OF WYLIE SEWER SYSTEM FACILITIES INSTALLMENT SALES CONTRACT: There being no discussion, a motion was made by Councilman Akin to approve. Seconded by Councilman Westerhof . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - 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. Mayor Trimble called for a five (5) minute recess in order to sign the contracts with North Texas Municipal Water District . Mayor Trimble reconvened the meeting . PRESENTATION BY BARON COOK ON A PLANNED DEVELOPMENT FOR CANTERBURY HILL SUBDIVISION: Mr . Cook stated that he had come before the Council once before. These projects used to be very easy to do, but now County will not accept a plat until the city close to the property has approve the plat . Mr . Cook stated that when he brought this plat to council some 18 months ago , it was noted that he had put in the water line that fed Beaver Creek Sub-Division and that the previous Council had stated that Mr . Cook could use this water line for this subdivision. This water line is fed by East Fork Water Supply. The problem with this plat before, was that the Council wanted me to put in the street as provided in the City Subdivision Ordinance. Mr . Cook said he had a problem with this as the future plans for the City show a thoroughfare and it seems to be more street than what is needed here. Mr . Cook stated that Mr. Faires has said that I can not ask Council for favors from the ordinances . So what I am asking for is an amendment to the Subdivision Ordinance . Councilman Akin said there was a problem before for no alleys , size of road and no sewer . Mr . Roy Faires , Code Enforcement Officer , stated this was first brought to the City in October, 1984 . It was taken before Plat Review Committee as an ETJ development . The Plat Review Committee had questions on this plat because of no fire hydrants , and it did not comply to subdivision regulations . The Plat Review, Planning and Zoning and City Council would not approve this plat at that time. Mr . Faires said this should have gone before Planning and Zoning prior to coming to Council . Mr . Faires recommended to Council to direct Mr . Cook to the Planning and Zoning Commission. Mr . Faires also stated that this road was a collector street and would connect Spring Creek Parkway to Interstate 30 . Mayor Pro Tem Donovan wanted to know if Mr . Cook needs to take this to Planning and Zoning , shouldn' t he do it before the Council discusses it further . City Manager James Johnson said Mr . Cook can certainly take this recommendation to Planning and Zoning . Mr . Cook said he has no problems going to Planning and Zoning, but he feels there are problems with the City Subdivision Ordinance within the ETJ. APPROVAL OF PRELIMINARY PLAT OF BIRMINGHAM PARK, TRACT 17 : Mr . Roy Faires , Code Enforcement Officer, stated that this was a part of the Single Family 3 section of Birmingham Farms . Planning and Zoning has passed this plat before, but due to no action on the land, the time period for proceeding has expired and must come back to Planning and Zoning and the Council . Planning and Zoning recommends this plat for approval . Councilman DiTota stated there was a lot of Single Family 3 and could Council rezone this to Single Family one and two. Motion was made by Councilman DiTota to table this item. Councilman Crane said there is a lot of Single Family one and two in this area, the developer is developing the first phase in the SF3 area . Councilman DiTota stated he would like to see more SF1 & 2 and to distract the SF3 development . Councilman Akin said this property has a value of $23,000 . per acre and he would hate to see us put more value by zoning SF1 , wouldn ' t this make it harder to have them build out. Councilman Crane said he hated to send the message out to developers that Council will not hold to their commitments . The motion to table was seconded by Mayor Pro Tem Donovan . The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - against , Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - against , and Councilman Blakey - in favor. This motion to table carried with five (5) in favor and two (2) against . FINAL PLAT AND ACCEPTANCE OF PUBLIC IMPROVEMENTS FOR QUAIL HOLLOW II , LOT A (P. M. AKIN ELEMENTARY) : Mr . Ron Homeyer of the Engineering Department stated this item was put on the agenda with the understanding that the storm drainage would be cleaned out . As of 6: 00 P.M. today, this had not been done and staff recommends this item be tabled. Motion was made by Mayor Pro Tem Donovan to table the final plat and acceptance of public improvements . Seconded by Councilman Westerhof . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor , Councilman Westerhof - in favor , Councilman DiTota - in favor, Councilman Crane - in favor , and Councilman Blakey - in favor . This motion to table carried with all favor . CITIZEN PARTICIPATION: Mayor Trimble requested that the citizens wishing to speak keep their comments to within five. There were no speakers at this time. COUNCIL DISCUSSION: Mayor Pro Tem Donovan wanted to know if the radio equipment hit by lightening was insured . City Manager James Johnson said yes, and all but $1300 . of the bill would be paid for by the insurance . This was declared an emergency since it left the police without any type of radio communications , and therefore will not have to be a bid item. Staff has had this radio equipment looked at by two different shops and it is not repairable . This invoice is for new radio equipment . Mayor Pro Tem Donovan also wanted to know if something could be done about the dumpster that sits behind Sonny Boys. City Manager James Johnson said he was already looking at this problem. Councilman Blakey wanted to know where we stood on the EMS project . City Manager James Johnson said there was one proposal and it was for an $84 ,000 . a year subsidy. I have asked this company plus another company to submit another proposal . Councilman Blakey wanted to know what the next step was . City Manager James Johnson said to wait for another proposal , and also I have talked with the hospital about working with the City on this service . Councilman Blakey also asked about the revised budget . City Manager James Johnson said he hadn ' t had time to put it together with all the other things that had been going on this last week. Councilman Crane wanted to know where the council was on the selection of the city manager. Mayor Trimble said he would address that later . Councilman Crane asked Mr . Faires about the dead bolt ordinance. Mr. Faires said it would be on the next agenda . Councilman Crane also asked Mr . Faires about the electrical ordinance. Mr. Faires said he had not heard from any of the other cities . Councilman Crane asked City Manager about lightening protectors . City Manager James Johnson said he was looking into it . Councilman DiTota asked Mr. Faires about some sections in the sign ordinance, and about the conditions of the signs going up in town that are not in compliance with our ordinance . Can you do something about this . Councilman DiTota asked City Manager James Johnson about HB24 - limiting the employees to live within the city limits . City Manager James Johnson said you can require the city manager but not other employees to live within the city limits . Councilman Westerhof wanted tp know what was the possibility of putting in a sink in the kitchen area of the community room. City Manager James Johnson reminded the council of a workshop with the county on Thursday night, July 16th at 7 : 00 P.M. Mayor Trimble stated that the city manager selection process is now in the final stage. There have been seven (7) finalist and these people have been video taped . I have two tape if council will take these, review them and pass it on to another member . Review these tapes as many times as you need to, make notes and this will help us to move forward. Mayor called for a called meeting with an executive session to review these tapes with the council all together on Thursday, July 23rd in the Library. Mayor Trimble reminded the council of the dedication of the fourth (4th) ball field on Friday, July 24th at 6 : 45 P.M. it will be called "Rudy Rowell Ball Field" . APPROVAL OF CONSTRUCTION DRAW #8 TO SPEED FAB-CRETE INTERNATIONAL FOR WORK COMPLETED ON THE MUNICIPAL COMPLEX: This draw is in the amount of $155 , 298 .01 . Mr . Faires stated that work was completed to this stage and that Speed Fab-Crete is entitled to this draw. Motion was made by Councilman Westerhof to approve draw #8 to Speed Fab-Crete in the amount of $155 ,298 .01 . Seconded by Mayor Pro Tem Donovan. The vote was as follows: Mayor Trimble -in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 1986-87 AUDIT ENGAGEMENT PROPOSAL BY DOLL , KARHAL, & COMPANY: The approximate cost of the annual audit is $15 ,750 . this is required of the City by the City Charter to have an annual audit done by certified public accountants . Motion was made by Councilman Westerhof to approve the 86-87 audit engagement proposal by Doll , Karhal , & Company. Seconded by Councilman DiTota . The vote was as follows: Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 REIMBURSEMENT TO BARON COOK OF 1378 DEVELOPMENT CORPORATION FOR OFFSITE WATER LINE TO NEWPORT HARBOR SUBDIVISION: The total cost of this project is $57 , 886 .60 , and was authorized by Council at a previous meeting . Mr . Ron Homeyer stated that council has approved this but at that time there was no engineering cost and the bill was estimated at $50 ,000 .00 . Mr. Cook stated to the Council that he had submitted this bill four weeks ago and it has taken that long to get on an agenda, and he was not aware of any problems . Motion was by Mayor Pro Tem Donovan to approve the reimbursement of $57 ,886 . 60 to Mr . Cook. Seconded by Councilman Crane . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor, Councilman Akin - 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 CONTRACT WITH SALLINGER, NICHOLS, JACKSON, KIRK AND DILLARD FOR COLLECTION OF DELINQUENT TAXES: This contract will become effective on July 24 , 1987 . Motion was made by Councilman Westerhof to approve and sign the contract for delinquent tax collections with Sallinger , Nichols, Jackson, Kirk and Dillard. Seconded by Councilman DiTota . Mayor Pro Tem Donovan wanted to know if after paragraph six (6) could the council add that phone calls will be made after the second letter is mailed . Mr . Dillard stated that the firm usually does this , but will not have a problem with an amendment to the contract, by sending a letter to his firm. Councilman Crane said the Charter said law firm will work at the will of the council and this contract does not read exactly like that . Councilman Crane said he would have to vote against the contract , and also that he would rather have a longer term than one year . There being no other comments or questions , Mayor Trimble called for a vote. The vote was as follows: Mayor Trimble - in favor , Mayor Pro Tem Donovan - in favor , Councilman Akin - in favor, Councilman Westerhof - in favor, Councilman DiTota - in favor , Councilman Crane - against , and Councilman Blakey - in favor . This motion carried with six (6) in favor , and one (1) against . There being no other business , a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary 7 CALLED CITY COUNCIL MEETING - MINUTES 7 : 00 P. M. JULY 16 , 1987 The Wylie City Council met in a called session on Thursday, July 16 , 1987 at 7 : 00 P .M. in the Reta and Truett Smith Library. 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 Chris DiTota, John Akin, Marvin Blakey, and Calvin Westerhof , Acting City Manager James Johnson, City Secretary Carolyn Jones , Acting Public Works Director Don White, Ron Homeyer from Engineering Office , Jerry Hoagland, Dennis Burns and Ruben Delgado. Councilman Crane was absent . Mayor Trimble called the meeting to order and gave the invocation. Mayor Trimble adjourned the meeting and called council into the workshop for the following items: 1 . FM 544 reallocation/realignment 2 . Spring Creek Parkway 3 . Planned State Highway 78 improvements 4 . 1988 Collin County Bond Program. FM544 REALLOCATION/REALIGNMENT: Mr . Jerry Hoagland stated that the change order to the courts should read " reallocation for construction of right-of-way" . It should also be noted that if the council wanted to designate Kirby/Stone Road to be FM 544 then there would have to be a 120 ft . Right-of-way. After much discussion , it was requested of the county to take this proposed right-of-way and see what if any engineering problems are in this curve and if there is another way to bring this street through. Then send the cost figures to our engineering department . There is a lot of property to be bought up inorder to have the right-of-way for this street . SPRING CREEK PARKWAY: Mr . Dennis Burns stated that Mr . Pendry has said that he would give the right of way needed if this road would curve through his property. The City will still need to work on the right-of-way from Parker Road to the Pendry property, from the Pendry property to Highway 78 the right-of-way has been granted through the development of the Texana Property. Council did not seem to have any problem with the right-of-way through the Pendry property. Mayor Trimble requested that county look at the right-of-way needed from Parker Road through to Highway 78 and let the Council know if the engineering could be worked out for the roadway. County does have funds in the amount of $1,080 , 000 . for this project . STATE HIGHWAY 78 : State Highway 78 improvements go from FM190 to FM205 and is proposed for 4 lanes with right-of-way for 6 lanes. Mr . Jerry Hoagland suggested that the City have someone from the Engineering Department take these plans and estimate the cost of all buildings and property that will be affective in order to obtain the proper right- of-way. Look at the plans and see if the center line for the highway could be moved over and most of the right-of-way be taken from the opposite side of Highway 78 . 1988 COLLIN COUNTY BOND PROGRAM: Mr . Jerry Hoagland stated that the following subjects would be on the 1988 bond program: Transportation (Roads , Airports, Transit) , Open Space, Infrastructure (Water & Sewer , Solid Waste , and Flood Control) , Buildings (Health Facilities , Administration, Criminal Justice) . Mr . Hoagland suggested that the council members become active in the above programs and serve on some of the committees . Council should also get some of the citizens involved. The initial meeting for this bond program will not be until September . Mayor Trimble suggested that council have a workshop around the middle of August to work on this bond program. There being no other discussion, a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary 9 CALLED CITY COUNCIL MEETING - MINUTES JULY 23, 1987 7 : 00 P. M. The Wylie City Council met in a called session on Thursday, July 23, 1987 at 7 : 00 P .M. in the Rita and Truett Smith Library. 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 Chris DiTota, Kent Crane, Marvin Blakey, John Akin and Calvin Westerhof , Acting City Manager James Johnson , and City Secretary Carolyn Jones . Mayor Trimble called the meeting to order and Councilman Crane gave the invocation. Mayor Trimble opened the meeting and convened Council into executive session under the authority of Article 6252-17 of V.A.C.S . Section 2, paragraph "g" , personnel matters to review the applicants for City Manger position . Mayor Trimble reconvened the Council into open session . Motion was made by Councilman DiTota to schedule a called meeting for August 1, 1987 to hold personal interviews with the final candidates for city manager . Seconded by Mayor Pro Tem Donovan . The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Donovan - in favor , Councilman Akin - 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 . Councilman Crane said he was very up set with staff about the Minyard property. Councilman Crane stated that staff was told to get a TRO on this property and as of this date staff has done nothing . Mayor Pro Tem Donovan stated that Robert Dillard , Attorney, said the City was doing right and to get the TRO, and now Larry Jackson , Attorney, says no to the TRO. Mayor Trimble said to put an item on the next agenda to change City Attorney from Larry Jackson to Robert Dillard . Council also requested the following items be on the next council agenda : Ordinance concerning trucks on city streets Amendment to the electrical ordinance reciprocating with other cities in regards to electrical license Preliminary plat for Birmingham Farms that was tabled at the last meeting . There being no other business , a motion was made to adjourn with all in favor . Chuck Trimble, Mayor ATTEST: Carolyn Jones , City Secretary MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY JULY 16, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on July 16, 1987 in the Community Room at 800 Thomas Street. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were: Chairman Brian Chaney, Vice-Chairman Ben Scholz, Bobby Skipwith and R. P. Miller. Representing the city staff was Roy Faires, Code Enforcement Officer and Amanda Maples, Secretary. ITEM NO. 1 - CONSIDER APPROVAL OF MINUTES - Bobby Skipwith made a mot ion to approve the minutes. Ben Scholz seconded the motion. Motion carried 4-0. ITEM NO. 2 - CONDUCT PUBLIC HEARING ON THE REQUEST FOR REZONING OF TRACT 16, BIRMINGHAM FARMS LAND FROM 2F TO PLANNED UNIT DEVELOPMENT - Mr. Faires stated that this item had been withdrawn from the agenda at the request of the developer. ITEM NO. 3 - CONSIDER RECOMMENDATION OF REZONING TRACT 16, BIRMINGHAM FARMS FROM 2F TO A PLANNED UNIT DEVELOPMENT - No action was taken on this item due to the fact that item 2 has been withdrawn from the agenda. Mr. Faires addressed the Planning and Zoning Commission informing them of the action that the City Council had taken on Tract 17, Birmingham Farms. He said that the Planning and Zoning Commission had recommended approval of the SF3 tract. However, the City Council had tabled any motion ion on the tract. The City Council is presently displeased with the amount of SF3 developing in Wylie and is looking toward more SF2 zoning. Council considered granting SF2 zoning but there was a discrepancy as to whether granting the SF2 zoning would be considered "Down Zoning" which is illegal and the item was tabled for further consideration. ITEM NO. 4 - CONDUCT PUBLIC HEARING ON THE REQUEST FOR MULTIPLE ZONING ON 183. 4 ACRE TRACT, LOCATED WITHIN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 - Chairman Brian Chaney opened the public hearing to anyone who wished to speak for or against this item. Mr. Roy Wilshire of PAWA Winkelman came forward representing the Pendry family. Mr. Wilshire said that this is the balance of about 1800 acres of which most was purchased by the Carp of Engineers. On the property their is a north south road which is the realignment of Eubanks Road and an east west road which is the proposed Spring Creek Parkway. The property is bounded on the west by the lake, on the east by the Corp of Engineers and Eubanks Road, on the south by the Railroad and North Texas Municipal Water District and on the west is a tract of undeveloped land. This tract was annexed into the City of Wylie in December of 198E and is presently zoned "A. " We are asking for a combination of uses. We are providing for Spring Creek. Parkway, the realignment of Eubanks Road, a single family buffer to protect Glad Acres, on the east and west commercial uses and at thoroughfare crossings and residential uses to cover over 2/3 of the property. The Industrial tract is bounded on the south by the railroad and on the north by Spring Creek Parkway. The red area is B1 zoning adjacent to the Industrial use. Tract 7 and 8 by Spring Creek Parkway, we are asking for E42 zoning. The orange area is SF3 and the yellow area is SF2. The Pendry family owns the peninsula next to the SF2 which is presently zoned "A" and is unplated at this t irne. The remaining 12 acres we anticipate as a MF use. We are prepared to dedicate right of ways quickly to allow the roads to be constructed by the County. The SF areas are a first draft of the subdivision, layout backing the houses up to Spring Creek. Parkway with 2 primary entrances from Spring Creek Parkway and a main collector serving the tract. We are excited and anxious to move forward with this project. Mr. Faires stated that the tract speaks for itself. Mr. Wilshire has made a goad presentation. This proposal meets the theory of our cluster zoning although, it does not comply with the land use plan, which is changeable. Keep in mind the action of the Council on the last plat sent forth with SF3 zoning. There is a great deal of SF3 in that particular area and I don' t know how the Council would feel about this much SF3. Mr. Faires asked Mr. Wilshire if they had decided to put the deed restrictions on the SF3 as they had discussed and if so, what house size. Mr. Wilshire said yes they would be willing to commit to that at 1350 sq. feet. Mr. Drurnmin of 1700 Skyview carve forward saying that most of the zoning is based on the proposed right of way of Spring Creek. Parkway. Has that location been finalized? Mr. Faires said that Spring Creek Parkway can be located anywhere if the City and the County so decides. Mr. Drummin said that the SF3 houses interface his property which is 1. 2 acres with a 1500 ft. house. That is the point I wanted to make, that these houses are interfacing much larger lots and I wonder if SF3 is enough buffer. There being no further discussion Chairman Brian Chaney closed the public hearing. ITEM NO. 5 — CONSIDER RECOMMENDATION OF MULTIPLE ZONING ON 183. 4 ACRE TRACT, LOCATED WITHIN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 - Bobby Skipwith asked if they were proposing to change the house size of all of the SF3 zoning. Mr. Faires said, "yes. " Bobby Skipwith said that Spring Creek Parkway seemed to be a small buffer between the SF3 and the Industrial zoning. Mr. Faires replied that Spring Creek Parkway has a 100 ft. right of way. Mr. Wilshire said that Spring Creek. Parkway actually has a 12C0 ft. right of way and it is important for the houses to back up to that thoroughfare and that there will be landscaping on the Industrial tract. The current ordinance only calls for a 20 ft. setback. for Industrial property which, through the plating process we plan to increase that and I believe there has to be a wall. Chairman Brian Chaney said that the Planning and Zoning Commission has always gone with cluster zoning as opposed to strip zoning. Roy mentioned Wined the density of the SF3, a developer carve before us wanting large homes on small lots and it was granted. He deed restricted and the large lots sold first and the small lots did not sell. We are not here to evaluate the sell ability of these lots. Deed restrictions are his economic decision. Mr. Faires said that the City would not enforce deed restrictions, that is the Civil Courts duty. He went on to say that for some years we have felt as you do about buffer zoning. In the past we have used duplex zoning but in the last year all of the duplex zoning has came back before us wanting to change the zoning because the duplex lots are not marketable. It makes no sense to buffer with duplex zoning when it will only be changed, for now the SF3 zoning is the best buffer zoning that we have available. Chairman Brian Chaney suggested that the Commission take one tract at a time and deal with the zoning in that fashion. Tract 1 - No problem. Tract 2 - Change to all SF2. Tracts 6, 7, 8 & 9 - Change to all SF3 on tracts 6 and 9. Tracts 7 and 8 leave as requested. Tracts 3, 4 & 5 - Change tract 5 bringing B1 down all the way to the railroad tracts and put Industrial on tracts 3 and 4. Vice-Chairman Ben Scholz made a motion to grant the zoning as follows: Tracts 1 and 2 - SF2 Tract 3 - Industrial Tract 4 - amend the lower corner to B1 and the rest Industrial Tract 5 - B1 Tract 6 - SF3 Tract 7 - B2 Tract 8 - B2 Tract 9 - SF3 R. P. Miller seconded the motion. Motion carried 4-0. ITEM NO. 6 - CONDUCT PUBLIC HEARING ON THE REQUEST FOR SPECIFIC USE PERMIT TO OPERATE A PAWN SHOP ON 1 ACRE TRACT OUT OF FRANCISCO DE LA PINA SURVEY,. A-688 (COMMONLY KNOWN AS HOME TOWN FURNITURE,. INC. ) - Mr. Faires said that this is a proposal for a pawn shop in and Industrial zone. These people have applied to the state for license and I have informed them that they need a Specific Use Permit to operate a pawn shop in this zoning. Chairman Brian Chaney opened the public hearing for anyone who wished to speak concerning this item. Mr. N. C. Jefferies with Home Town Furniture, Inc. said that at this time they had 3 stores. One store is leased and there are two buildings on this 1 acre tract that are not leased. We have checked with the state about getting licensed to operate a pawn shop. There is no problem in getting the license but due to the time involved and the expense we wanted to see if you would allow us to get the Specific Use Permit before we embarked further on this project. P There being no further questions or opposition Chairman Brian Chaney closed the public hearing. ITEM NO. 7 - CONSIDER RECOMMENDATION FOR SPECIFIC USE PERMIT TO OPERATE A PAWN SHOP ON 1 ACRE TRACT OUT OF FRANCISCO DE LA PINA SURVEY, A-688 (COMMONLY KNOWN AS HOME TOWN FURNITURE, INC. ) - Mr. Faires said that a Specific Use Permit could be and annual permit, restricted to the present owner and reviewed annually. Ben Scholz asked if large items such as boats and trailers could be stored outside. Mr. Faires said that outside storage was permitted in this zoning. Chairman Brian Chaney said that they could not use the parking spaces for that but he could store it on the side or in the back. Ben Scholz made a motion to grant the Specific Use Permit to be restricted to the present owner and that it should be an annual permit and reviewed each year. Bob Skipwith seconded the motion. Motion carried 4-0. ITEM NO. 8 - CONSIDER APPROVAL OF FINAL PLAT FOR CALDWELL ADDITION, BLOCK 1, LOT 1. - Mr. Faires stated that this is the property contiguous with the Police Station,on, it adjoins Jackson Street and is the proposed site of McDonalds Restaurant. The plans have been reviewed by the City Staff. This plat has met all of the requirements of the City of Wylie standards and the staff recommends approval. Chairman Brian Chaney asked Mr. Faires how this property is plated. Mr. Faires said that it is railroad property. The streets across the railroad property are not dedicated they are .just prescriptive easements and we can' t get the dedication until the property is plated. Chairman Brian Chaney asked if the utilities shown on the plat were already existing. Mr. Faires said "yes and they have granted easements so that the City can maintain the utilities. " Chairman Brian Chaney asked what the current zoning of the property is. Mr. Faires said that it is zoned B1. R. P. Miller made a motion on to approve the Final Plat as presented. Bob Ski pw i t h seconded the motion. Motion carried 4-0. ITEM NO. 9 - ADJOURN - R. F. Miller made a motion to adjourn the July 16, 1987, Regular Meeting of the Planning and Zoning Commission. Bob Skipwith seconded the motion. Motion carried 4-0. Brian Chaney, Chairman Respectfully Submitted : Amanda Maples, Secretary /e' ZONING BOARD OF ADJUSTMENTS MINUTES FRIDAY - JULY 17, 1987 COMMUNITY ROOM 7:00 P. M. 800 THOMAS STREET The Zoning Board of Adjustments met in regular session on Friday, July 17, 1987 in the Community Room at 800 Thomas Street at 7:00 p. m. A quorum was present and notice of the meeting had been posted in the time and manner required by law. Members present were Chairman; Art Harris, Vice Chairman; Gary Ludwig, N. C. Jefferies, Cleo Adams and Cecilia Woods. Those absent were Paul Gaddy and Robb Tanella. Representing the City Staff was Code Enforcement Officer, Roy Faires and Amanda Maples, Secretary. ITEM NO. 1 - APPROVAL OF THE MINUTES OF MAY 28,_ 1987 - Corrections needed to be made on Page 2, Paragraph 2, stating that the alley had been abandoned by official action of the City Council and in Paragraph 3, Mr. Drapier should be referred to as Brother Drapier. Cecilia Woods made a motion to table the approval of the minutes so that corrections could be made. Vice-Chairman, Gary Ludwig seconded the motion. Motion carried 5-0. ITEM NO. 2 - CONSIDER A REQUEST FOR A VARIANCE FROM THE FIVE ACRE MINIMUM FOR A PLANNED UNIT DEVELOPMENT IN ORDER TO APPLY FOR A PLANNED UNIT DEVELOPMENT ON LOTS 1-6 AND THE NORTH HALF OF LOTS 7-9 OF BLOCK 28 OF THE RAILROAD ADDITION - Mr. Faires addressed the board stating that the Aliens had originally applied for a rezoning to B2. The night of their public hearing before the Planning and Zoning Commission, a quorum was not present so they were unable to hold a formal meeting. They were able to discuss this project with some of the members of the P&Z and with the staff. We found that some were opposed to having the B2 zoning in the middle of a residential area but none were opposed to having the funeral home there. I informed them that one way to accomplish their goal and not have the B2 zoning was to apply for a variance and have a Planned Unit Development. This would insure that nothing other than a funeral home would be built on this property and that would protect the City and the home owners in that area. The five acre requirement would constitute a hardship on the Aliens because there is not five acres available. Under these circumstances I would support this request for a variance. 7 Cleo Adams asked how much property there is available and if they would have to meet all of the parking requirements and so forth. Mr. Faires said that they would have to comply with the parking regulations and everything else as usual. Chairman Art Harris said that the property amounted to just over a half an acre. Mrs. Allen said that downtown has no parking facilities and it is just not big enough. Mr. Faires said that moving the funeral home would relieve a lot of the congestion in the downtown area and it would help the Police Department. I feel like it would benefit the whole downtown area to allow them to move the funeral home to this proposed site. Mr. Faires presented a floor plan of the proposed funeral home to the board. At the present time Mr. Allen is having his plans drawn so that in the event that he is successful tonight, he will be able to go before the Planning and Zoning Commission in two weeks. Chairman Art Harris stated, for the record, that 18 letters were sent to property owners within 250 feet of the proposed site. Four letters were returned in favor of the proposal and none against. N. C. Jefferies made a motion to approve this request for a variance from the five acre minimum in a Planned Unit Development. Cleo Adams seconded the motion. Motion carried 5-0. ITEM NO. 3 - ADJOURN - Vice-Chairman Gary Ludwig made a motion to adjourn the July 17, 1987 meeting of the Zoning Board of Adjustments. Chairman Art Harris seconded the motion. Motion carried 5-0. Chairman, Art Harris Respectfully Submitted : Secretary, Amanda Maples TO: Mayor and City Council 1 FROM: Carolyn Jones, City Secretary ' DATE: July 24, 1987 RE: Zoning Board of Adjustments At the meeting of the City Council on July 14, 1987 the Council chose to move Mrs. Cecelia Woods to the Planning and Zoning Commission, thus leaving a vacancy to the Zoning Board of Adjustments. This appointment to the Zoning Board of Adjustments will be for a one year term, which will expire in July, 1988. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE 87-2 BY AMENDING ARTICLE IV, SECTION 6 (b) SO THAT NO CLOTH, PAPER, BANNER, FLAG, DEVICE, OR OTHER SIMILAR ADVERTISING MATTER SHALL BE PERMITTED TO BE ATTACHED TO, SUSPENDED FROM, OR BE ALLOWED TO HANG FROM ANY SIGN, BUILDING OR STRUCTURE, WHEN THE SAME SHALL CREATE A PUBLIC MENACE OR DANGER. PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS; the City Council has determined that the requirements of Ordinance 87-2, .Article IV, Section 6 (b) are not consistent with the Councils desire to regulate the erection and maintenance of signs and other advertising materials within the City of Wylie; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that SECTION 1. Ordinance 87-2, Article IV, Section 6 (b) is hereby amended by deleting the words, " when the same shall create a public menace or danger" so that Article IV, Section 6 (b) reads as follows: ARTICLE IV PROHIBITED SIGNS SECTION 6. Advertising Matter Placed on or Suspended from Buildings, Poles, Sidewalks, etc. (b) No cloth, paper, banner, flag, device, or other similar advertising matter shall be permitted to be attached to, suspended from, or be allowed to hang from any sign, building or structure. 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. Should arty 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 of provision thereof ether than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity cf the remaining portions of this ordinance. SECTION 4. Any person, firm or corporation violating any cf the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200. 00) 1 for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of , 1987. Chuck Trimble, Mayor ATTEST: Carolyn Jones, City Secretary C ! TO: James Johnson, City Manager FROM: Lester Gaylor, Fire Marshal DATE: May 22, 1987 RE: City Fire Codes Recently during a discussion with Mr. Faires we both expressed a desire to switch the City Codes used by our offices. I have found in the past eight years the Uniform Fire Codes are not that easily understood and occasionally it leaves me hanging with some doubt of interpretation. I wish to let you know that I fully support Mr. Faires idea in changing the Uniform Fire Codes to the Southern Standard Fire Codes. If you need more input concerning this matter please let me know. MEMORANDUM DATE: July 24, 1987 TO: James Johnson, Interim City Manager City Council, City of Wylie, Texas FROM: Roy Faires, Chief Building Official SUBJECT: Building Codes The present Building Code ( 1982 Uniform Building Code) is due for updating to include new technology. In the opinion of this department, the Uniform Building Code is not clear and concise enough to preclude different interpretations. Having reviewed both the Southern Standard and the Uniform Building Code in a side by side comparison, the Southern Standard is much clearer in wording and more easily understood. In order for all of the codes to work more effectively it is standard procedure to adept both the building code and the supporting codes that are published by the same authority. We are therefore present ing for your approval, the latest edition of the Southern Standard Building, Plumbing, Mechanical, Gas and Fire Code. Respectively, Roy Faires Chief Building Official RE/am ORDINANCE NO. BEING AN ORDINANCE REPEALING ORDINANCE 83-15 WHICH ADOPTED THE UNIFORM BUILDING CODE AND ORDINANCE 84-10 AND ORDINANCE 86-3 BEING AN AMENDMENT TO ORDINANCE 83-15, AND ADOPTING A NEW ORDINANCE TO WIT : THE STANDARD BUILDING CODE, A NEW ORDINANCE REGULATING THE CONSTRUCTION, ALTERATION OR REPAIR AND DEMOLITION IN THE CITY OF WYLIE, TEXAS PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. Cx)) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS; the City Council of the City of Wylie is desirous of adopting a new Building Code for the City of Wylie and consolidating existing local amendments to the existing Building Code into the New Building Code and ; WHEREAS; a standard code is published by the Southern Building Code Congress International, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that SECTION 1. Ordinance 83-15 adopting the Uniform Building Cede and Ordinances 84-10 and 86-3 being local amendments to Ordinance 83-15 are hereby repealed ; SECTION 2. The Standard Building Code, 1985 Edition together with the 1986 and 1987 revision including apendix "N", as published by the Southern Building Cade Congress International the title page of which is attached and two copies of which are on file in the City Secretary' s office are hereby referred to and adopted and made apart hereof as if fully set out in this ordinance; SECTION 3. Framing Reguirernents: The appropriate sect ions of the 1985 Standard Building Cede are hereby modified and the following are the minimum requirements for all structures within the City limits of the City of Wylie, Texas: (a) A11 wood studs shall be on a maximum of 16 inch centers. (b) All wood ceiling joists shall have a minimum nominal dimension of 2 inches by 6 inches and shall have a maximum spacing of 16 inches as centers. (c) All wood hips and ridges shall be constructed with a minimum nominal 2 inch by 8 inch material except when formed by a truss. (d) In order to abate the proliferation of buildings subject to early and premature deterioration and to reduce fire hazards within this community, all residential and commercial buildings shall be constructed of masonry walls; that is, exterior walls shall be at least seventy-five percent covered with masonry on vertical surfaces, excluding windows, doors, and ether normal openings; or with materials with equivalent fire-retardant and structural qualities as approved by the Building Inspector. } f a f `1 (e) A11 wood shakes and shingles installed on any structure shall be fire retardant treated wood as defined in Section 202 of the Standard Building Code, 1985 Addition. (f) The installation of Dead Bolt Locks requiring a key to caper, from inside the house is prohibited. SECTION 4. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all ether ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance by adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of f this ordinance as a whale 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 remaining portions of this ordinance. SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 7. This ordinance shall take effect immediately form and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of , 1987. APPROVED: CHUCK TRIMBLE, MAYOR ATTEST: CAROLYN JONES, CITY SECRETARY _ �^ ;? 1 '•'# ;'_ , • , • e eii,i,,, ,le 4 ---- . • A,- . .,f.4'. - ! i'::'.'"'4,,, ; _A%,i'.i _ -- L- • -"'• f - ;,-, ..,,,,,...,,,,... 1.... •f• STANDAEI.Dtie . . . .. 4.... ... ..,...„4„ BUILDING--CODE ...„, ..r a,t, 14*,— • 41 - - V't•, ,-' e . - . 1985 Edition - .. , 4 ... , ,.• A ,• ,,- .4 , s......- • t it, :.12\1 • , CI#AUN Af.''', ' . (41• EVCIJON.'' i ' I *at*Oni.., il a.** ' ......- ,,. ,a IN SO.) . =,riltli! .,..,. :.... :,.t..,I.‘ • tt-4 ''., '...',1•.' Olt I 4,..`• , (..Th 4.4 .. , ` • -iia-.: , 1HE STANDASD.tonisgekik0 taiu‘list?..VY3ttt mit -:31()14 , . . i ,Ltf.„,-,t - • .. -,,ttkl x1-41,73t.,u ttiotrluire-it. ,ttNNE) sprstikvt •-kt -,„...,, •-) - - 4,--• - - . et 'It t, '. .ietttunca:. weistiza •irirka tii.liegt441%.9SV4 Ilrai• . ,...,. .,••—•\ .- _ • ( . ,itule ttd %sktit4rt o,-PiAt• tia zaiatt.") isithr4412 .-i..., -4- . . ....,,,* •,,., ;• ' , ' ,..--, .(\ 1-111,1 11 as,11‘.1-.11•Qx‘s;-to ite.**4114' r • , 5 t ...., -re-.' '''' ,t.-....,.., ,. .• .,.;-.,fteAu( ,.))•,',‘ .4A1Nu VA) "".4:'• • .:. .•":',,:. , ,k...ii... • '' ' ':•: •'- - .•tt,, 11 4 . . V *,M,, le • ' ;k,,,_ -1. -.,'— ..` 'ii z:)1,7,•' .......t(4 . ') i 444*.t.,..-• •4 s'-•\. ''1, tr .i.':.,12„r, ' . -,-..::,-- F ", •3 1,r.1C,C)airtiGJILE0 iiii3knA;08 ,. -.•' i/XJ/4 000 , -- ,,• , •. `-";•:4.vi-4,•-- ,. • ,-,z),-2,zpg I-:LIB:ii1111 . ' ••, -4., t.itt ..(...(xi iukt-Vt ra.ct uVt •opris.a.t I.111%in WA ' • • ‘‘z1-.1..t•A,-.•.,..o •to. -Arrftvisil .triittert .0.41 0 Ur ' ' '.',.,;" ei ,. /Alt 4 ,ie,-‘1f.c6‘1011/0111 ill*,Itplust tuiraylvy,N4 ,ci , , \ , -3,n1s,y•kt3 :1-AlInoti sookuunicitgo•Asa "autoildosq , - •''':.,. .• - 1 rut.ei t t\\-..r.tola 000.1AI *114114ttrearil.VArtfic0 '.; -'•,4•':,I.4 i..1., . , • • --•• •,.,.' - t : 4., I- , .Atm. -, • • . 7 .• P" • ,4 •T4 -,, :,•-, t , •, ,.1•J• ., ,14,1"..,;, • ;''',1t, .4-,-1,,,1,1, 1.'0,. • . •,,,t, , -!..•v*-, • • ,•— '''T,' ' ! - — _ _________-.........1.-- --........• ...-. - '' 1 z e e e• ORDINANCE NO. BEING AN ORDINANCE REPEALING ORDINANCE 81-15 WHICH ADOPTED THE UNIFORM FIRE CODE, ADOPTING THE STANDARD FIRE CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS TO LIFE AND PROPERTY FROM FIRE AND EXPLOSION, ESTABLISHING ADMINISTRATION AND APPEALS PROCEDURES. PROVIDING A REPEALING CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE AND DECLARING AN EFFECTIVE DATE. WHERE AS; the City Council has recently adopted the Standard Building Codes and is desirous of adopting the companion code related thereto and WHERE AS; the Southern Building Code Congress International Publishes such a code for fire prevention, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Ordinance 81-15 which adopted the Uniform Fire Code is hereby repealed. SECTION 2. The Standard Fire Protection Code, 1985 Edition, published by the Southern Building Code Congress International, the title page of which is attached and two (2) copies of which are on file in the City Secretary' s Office is hereby referred to and adopted and made a part hereof as if fully set out in this ordinance. SECTION 3. The Standard Fire Protection Code is hereby amended by adding thereto in the appropriate sections the following : Permits required by various articles of the Standard Fire Code shall be issued by the Fire Marshal or his designated offical. Permit fees, when adopted, shall be collected by the City Cashier or an employee of that office. The Fire Marshal shall specify the duration of each permit, but no permit shall be valid for more than one year. All licenses granted shall be valid for one year. SECTION 4. Establishment and dut ies of Bureau of Fire Prevention. (a) The Standard Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the fire department of the City of Wylie which is hereby established and which shall be operated under the supervision of the Fire Marshal. (b) The Fire Marshal in charge of the bureau of fire prevention shall be appointed by the City Manager. SECTION 5. Definitions. (a) Wherever the word ".jurisdiction" is used in the Standard Fire Code, it shall be held to mean the area within the corporate limits of the City of Wylie, Texas; or the area within the specified fire district ; or within the Area of Extraterritorial Area of Jurisdiction of the City of Wylie, Texas as provided by State Law. (b) Wherever the term "Corporation Counsel " is used in the Standard Fire Code, it shall be held to mean the attorney for the City of Wylie, Texas. (c) Wherever the words "Chief of the Bureau of Fire Prevention" are used in the Standard Fire Code, they shall be held to mean "Fire Marshal. " SECTION 6. Establishment of Limits of Districts in which Storage of Flammable or Combustible Liquids in Outside Aboveground Tanks is to be Prohibited. (a) The limits referred to in Chapter 9-902-1. 1 of the Standard Fire Code in which storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby established as follows: ows: ( 1 ) The Primary Fire Limits are as follows: BEGINNING at the centerline of the alley between Ballard Street and Jackson Street on the Gulf, Colorado and Santa Fe Railway Right of Way; THENCE North to the centerline of Jefferson Street ; THENCE East to the centerline of the alley between Ballard Street and First Street ; THENCE South to the North right of way of the Gulf, Colorado and Santa Fe Railway Co. ; THENCE in a South, Southwest direction to the POINT OF BEGINNING. (2) The Secondary Fire Limits are as Follows: BEGINNING at the intersection of the centerlines of Butler and Jackson Street ; THENCE North to the centerline of Brown Street ; THENCE East to the center line of First Street ; THENCE South to the centerline of Butler Street ; THENCE West to the POINT OF BEGINNING. A l l dimensions are along the centerlines of described streets and the above described Primary Fire Limits is excluded from the Secondary Fire Limits. (3) The Fire Limits map is attached hereto and is made a part of this ordinance. (b) The limits referred to in Chapter 9-902-1. 1 of the Standard Fire Code, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: f A11 zoning districts except those areas which are now, or which may hereafter be zoned industrial. SECTION 6. Establishments of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted. The limits referred to in 1701-4. 2 (a) of the Standard Fire Code, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: A11 zoning districts except those areas which are now, or which may hereafter be zoned industrial. SECTION 7. Establishments of Limits of District in which Storage of Explosives and Blasting Agents is to be Prohibited. The limits referred to in 1901-4. 2 (b) of the Standard Fire Code, in which storage of explosives and blasting agents is prohibited, are hereby established as fellows: A11 zoning districts except those areas which are now, or which may hereafter be zoned industrial. SECTION 8. 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 farce and effect. SECTION 9. 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 prevision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of this ordinance as a whole. SECTION 10. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 11. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. 1 DULY PASSED by the City Council of the City of Wylie, Texas this the day of 1987. APPROVED: Chuck Trimble, Mayor, ATTEST : Carolyn Jones, City Secretary APPROVED AS TO FORM: City Attorney 1 . �'''j • • I-.. .1 .- l; JEFFERSON ST. ;.' : :...- .1 - [ . „ { LEGEND i i's YAAALE ST. .1 . .r.... O OFF STREET PARKING — - A.�SIDEWALKS , �. Primary Limits IN l i , - - Secondary Limits — OAK ST. r.,,\U\ \\-U\\\ j I O INN ! _ EMI tr'I 6,- B11111111 O pi ri wp w t Zgld . a 16 ril _ 1..----."'", -='== 0 100 200 SOO' 40d _ li- SUTLER ST. 1 II 1 I CENTRAL BUSINESS DISTRICT PLAN WYLIE, TEXAS FIRE DISTRICTS J. T. OUNKIN 8 ASSOCIATES • URBAN PLANNERS LANDSCAPE ARCHITECTS GARLAND, TEXAS mr y8. ,,,,,,. 0 - - ,- { df_ - w=w ry 1. ' ' w .i�y s4, r r • 14` i YT FIRE PREVITi st �:, ,j ', % - .'' - ' ' ' 1985.‘'Ed.i toilwAki lia,.,. �y ,,�Z saNCr 3.,n'Sl 1. .i i Sri s.w"iR.q, i —} • a a +J y1.y. .r i R t.k t 2q. fx:}'2 .4 ' w JFN. ,''''';',;. tit‘ r --,,, -.;„. . g .: ^� N s y :sue v �,�il _ �¢ y1 !� �Oa r n .t h 41/940 x. ' 1 .7HE STANDARD CODES'. " s tt' J it /ram\ .• .. t. r ♦$... `✓ Yy xt •tY. 2F rJP 'M Fyir�' ...:4. �Y ' �t ' 1 fi j 4, �}� ' Th t t iQhi <4 Q( • 4. g Tr • 1= er"rf M1 S g.�' { i at. • ,,, •p d yy • . ,: ,,-, - . •,,, , . ,0 ft Y f q a)"x,r # ,fir y. ` *' •ed Po ''f'+' o . I Wig i. V • ORDINANCE BEING AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE 83-13 WHICH ADOPTED THE UNIFORM PLUMBING CODE AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH AND ADOPTING THE STANDARD PLUMBING CODE 1985 EDITION AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($20 r. i}0) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS; the City Council has recently adopted the Standard Building Code and is desirous of adapting the companion codes related thereto, and ; WHEREAS; the Southern Building Code Congress International Publishes such a code for Plumbing Installations, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that SECTION 1. Ordinance 83-13 which adopted the Uniform Plumbing Code is • hereby repealed and superseded ; SECTION 2. The Standard Plumbing Code, 1985 Edition published by the Southern Building Code Congress International, the title page of which is attached, and two (2) copies of which are on file in the City Secretary' s office is hereby referred to and adopted and made apart hereof as if fully set out in this ordinance; SECTION 3. Section 101. 3 of the Standard Plumbing Code is hereby amended by adding thereto a new section to be numbered 101. 3. 4 to read as follows: SECTION 101. 3. 4 - A License Required. No person shall engage in the business of installing, maintaining, altering or repairing of water, gas, sewage, or storm water sewer lines used for the conduction of water, gas, or storm water without first obtaining a permit from the Administrative Authority to do so. Nor shall any person in any manner undertake to execute such work, unless such person is the holder of a valid license issued under the provisions of Article 6243-101, Vernon' s Texas Civil Statutes, as amended, (known as "The Plumbing License Law of 1947" ) or unless such person is specifically exempted from the provisions of said Article 6243-101. SECTION 4. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all ether ordinances of the City not in conflict with provisions of this ordinance shall remain in full force and effect. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance by adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whale or any part of provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 6. Any person, firm or corporation violating any of the previsions or terms of this ordinance shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200. 00) for each offense, and each day such violation on shall continue to exist shall constitute a separate offense. SECTION 7. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of , 1987. APPROVED: CHUCK TRIMBLE, MAYOR ATTEST: CAROLYN JONES, CITY SECRETARY 2 T *I . J'� '" y5 z^ . 7 st44k • T •f-' 1 � ... Fi. �7''k i iY • STANDARD :.,, ARD . �' PLUMBI NG CODE.- .:, ,_y. i 1985 n 3 +•-• 4� Editio • t fir . ! `µ E CI 'A _1 NM Rai T Irg ,. 1940��— THE STANDARD CODES" y''" r°r: i t /-• rx `,. { IF f .N • Q; ppqq}. ' .. a albi i iota*Well.;-rv,}i, { -r 4k °ji1'.j .,. 0 f z., . i Gii §ice ry:1 16 r [; i r ns xx �- x : a =:,.fi ni, -i r , 1 E t�rr 0sr. 4 '23'—' ORDINANCE BEING AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE STANDARD GAS CODE 1985 EDITION AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS; the City Council has recently adopted the Standard Building Code and is desirous of adopting the companion codes related thereto, and ; WHEREAS; the Southern Building Code Congress International Publishes such a code for Gas Installations, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that SECTION 1. The Standard Gas Code, 1985 Edition published by the Southern Building Code Congress International, the title page of which is attached, and two (2) copies of which are on file in the City Secretary' s office is hereby referred to and adopted and made apart hereof as if fully set out in this ordinance; SECTION 2. Section 101. 3 of the Standard Gas Code is hereby amended by adding thereto a new section on to be numbered 101. 3. 4 to read as follows: SECTION 101. 3. 4 - A License Required. No person shall engage in the business of installing, maintaining, altering or repairing of gas lines used for the conduct ion of gas without first obtaining a permit from the Administrative Authority to do so. Nor shall any person in any manner undertake to execute such work, unless such person is the holder of a valid license issued under the provisions of Article 6243-101, Vernon' s Texas Civil Statutes, as amended, (known as "The Gas License Law of 1947" ) or unless such person is specifically exempted from the provisions of said Article 6243-101. 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 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 by 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 of provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION E. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of , 1987. APPROVED: CHUCK TRIMBLE, MAYOR ATTEST: CAROLYN JONES, CITY SECRETARY s1fi k:a 4k -� g, f t T' is g- • r � s - Y atkrntiiitit:S4 .TAN,DAR D ,..K ;r .(8,, :GAS CODE • ar3 t vz t ,'c u - , } j 1985 Edition i`t,.N 1;j j_.. L 3c. iY.y'kJ�., Tlr Apr r ^s y" _ -*;, Y. h • . t .13 % r 3 _ : e CODES' hr y :ir fir, _ ' i } �� i } .-..� } Y a k 2 . Y #Gl Pik 141t ti. 3 t{:�j+�F.d,t NI ;a fti ' rt v .: 3d te. `a- ,i .. N COdiff j_ - Y Q ti „, _ x jj N Y~Y y Vie . �..lu,' R f �j sue., % � a s f: ' i ,', Awn 5 ORDINANCE BEING AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, REPEALING ORDINANCE 83-14 WHICH ADOPTED THE UNIFORM MECHANICAL CODE AND ALL OTHER ORDINANCES IN CONFLICT HEREWITH AND ADOPTING THE STANDARD MECHANICAL CODE 1985 EDITION AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS; the City Council has recently adopted the Standard Building Code and is desirous of adopting the companion codes related thereto, and; WHEREAS; the Southern Building Cade Congress International Publishes such a code for Mechanical Installations, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that SECTION 1. Ordinance 83-14 which adopted the Uniform Mechanical Code is hereby repealed and superseded ; SECTION 2. The Standard Mechanical Code, 1985 Edition published by the Southern Building Cade Congress International, the title page of which is attached, and two (2) copies of which are on file in the City Secretary' s office is hereby referred to and adopted and made apart hereof as if fully set out in this ordinance; 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 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 by 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 of provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. n. SECTION 6. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of _, 1987. APPROVED: CHUCK TRIMBLE, MAYOR ATTEST: CAROLYN JONES, CITY SECRETARY ;/2/; i. 41-,:,..,-'''' i„. ,, bi . :,, 1.4-4 .,., • • Eby4, P ,t7 Ik A k:• • { 4 %3 • I n id4t STANDARp . J MECHANICAL- z,CO D i '"' , 85 Edition ` „,� _ .. y f 1 I� V cY Ati .�,,,�,�,� .- .�%E tIN``` * Ana a 6—i TXE ,.::::...:::.1"::: . ' STANDARD CODES' Wtti t1/4 �r , }t •^ '-' f _ k Rai- ?.-_ .}�i -4 ' t ,C'r,„sry . r °. ,P. "-b�s�at""''.il�`t `.L-.s ::":4.,": , .k .a. ... , f -Y. SR 4 - ,,,,,,.. , 4, ,,, r ( 4•tt 2..•,a rt t a ti w-fy, i mot_, �•tF ti . .-=,-, 1 %. . y. - _ZV 2" 4';1. 'y j {, 1 € -' X .* , z a r ORDINANCE ________ BEING AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ADOPTING THE STANDARD HOUSING CODE 1985 EDITION AS PUBLISHED BY THE SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL_ PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS; the City Council has recently adopted the Standard Building Code, 1985 Edition and is desirous of adopting the companion codes related thereto, and ; WHEREAS; the City Council is desirous of providing housing for all the citizens of Wylie which contain those facilities necessary for the health, safety and welfare of the citizenry and ; WHEREAS; the Southern Building Code Congress International Publishes such a document, therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that SECTION 1. The Standard Housing Code, 1985 Edition published by the Southern Building Code Congress International, the title page of which is attached, and two (2) copies of which are on file in the City Secretary' s office is hereby referred to and adopted and made apart hereof as if fully set out in this ordinance; 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 provisions of this ordinance shall remain in full force and effect. SECTION 3. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance by 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 of provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 4. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. SECTION 5. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this the day of , 1987. APPROVED: CHUCK TRIMBLE, MAYOR ATTEST: CAROLYN JONES, CITY SECRETARY . '.....,$,••,,,,,,„ . ... . .., ..., - ."9...,!!---'''. ,1.:. , • :4,.07f-.1.A!t.,'-!,: -,.A.,. - 7--:::.'''.,. ...,-... ,';•• ....„ ..J.4F!..*•,.•''.!..!.,,,':',,,-.;! --, ',!! - '',,,,,,,,:r ,:i'' •'.;. s .'•'.'.,.'t:„',.!,:,',,..•.4.,•'F'.•..,,,.. - 11 ... , '.- • * l --`!';`,.'''' *.r.!-.„ ' '.1- :' ....... . ,,,.. • i'.,;:,,..' ''..:,, :,....STANDARD .i..,... ‘.,,f.,,. .., HOUSING CODE . ...... . .. . . . . ..,. . .. . . , . . 1985 Edition . .. ... _ .., H . . " .... ... ! 1.: .. . .... . . ... . . f . ... ;,... , . .r.. ,..„ ..., , , .. ,.• • . . . . ,.. 7_,4,40113371\41,'• , ''':.' :.:'?• ‘... '•11,'jr . , • lif icier•Iltil!iii.:. :E.! - - '--- ..,.... ,. .„,,, . , .! - 'setit NA* .-,-. .,-, ...:.' ' •:.,; t.,,,.•ic tr,:p1---i-7 'L. , ' .,-- 'THE STANDARD CODES* ... : , . . . . 7-.!1,112,11),)?, r.--. v.-• :7'... ::-.„. . • i!' ,• . .; .r.': -,1! .i.,-../::!.. • ... • .. , . 1 . •,. .! :, ,.`x;:!...7.....-17.- ''....i,:;.4,-,,I,..,,,:?;1!t,,,,d42,4-177-iel, 4..!7:7 ' 1. . r.-, ..!'17 ...-- ..!, . . '. . I • "..::1:7 i-, il. '7-i-'i'''''. — 7'71,AP.;',F.e;s:',,';', .. ,,' • . : 1- .:, : •_,,,. .. .,-... , :,6,2 - „. , . . . ...`..!' .,..; -' i ' ..7'....^:" (•.: --. - . ...,. ...„,. . . ..:-., • , . J• • ,14:-: P..411,iqf'..,:4 .•. , , ...-.-' . , ,• ..„ . „!.,- •-'A, ...! S. • . - • -- ..! . .. r....-1. -..tt "N`!.• '..',''''' . . . ..-.. 'k.j‘Ifirtl,,";'''.•:4:'' : 7 -','• ., , ,.., „... .., ‘. . /.'. - • *10... V,T'f-4.. .- C .'..." • . . . 1.s. - -, • .." -. ' ''.-.7';';,/,!'J.•...;v4'...'., - . .''• .,. .. -•:'‘.'''...il '. 4',I C.*, . ' t'.'*"..' . ,.•-• • : • . . . :•',.i;n't.. ,,,O.'"."4' '' . • - ' .;..1.42 .:« ,4 4.'''' '• .. 'f'! :. ....„ .,. ' . 4 MEMORANDUM DATE: July 24, 1987 TO: James Johnson, Interim City Manager City Council, City of Wylie, Texas it FROM: Roy Faires, Code Enforcement Officer SUBJECT: Reciprocal Electrical Licensing Apparently we will be required to join the Dallas County Electrical Advisory Beard at the next meeting which is October 19, 1987 held in Irving, Texas, at which time, we can apply for membership. If we are accepted those cities with which we sign will only reciprocate with our licensees who have taken a test administered by that organization. If we have people taking the test, we are required to have a representative present in Garland during the test period and we must attend a meeting the following monday in Irving. Those people presently holding a valid Wylie License would not be eligible for reciprocal licenses and if we give a local test in the future that license will not qualify for reciprocity. The present time frame for testing is quarterly. The next test to be given is October 14, 1987, because of timing an applicant from Wylie could not be tested for January 1988. Due to the financial situation both in this budget year and in the one to come, you should know that participation in this program would result in a lass of funds between one thousand and fifteen hundred dollars per year for this department. City of Garland' yea ! A 6f" Post Office Box 469002 / Garland, Texas 75046-9002 • City of Wylie ' P. 0. Box 428 = Wylie, Tx 75098 Attn: Mr. Roy Faires , Chief Electrical Inspector • r •••- Dear Mr. Faires : i The City of Garland Electrical Board would consider a ' r reciprocal agreement with the City of Wylie. One re- quirement for the agreement would be that the City of Wylie join the Dallas County Reciprocal Electrical Advisory Board (REAR) . This board admisters test for many "1r,, area cities and has provided many benefits to the electrical industry. For more information on the REAB please call the board secretary, Mr. Jack Chandler, at telephone number 424-6531 . Mr. Chandler is the Chief Inspector for the City of Plano . ti' If the Garland board or I can be of further assistance please call me at 494-7341. Sincerly, p Patrick Bah Codes Administrator PB: sbY. n€_ "A • • taf • - An Equal Opportunity Employer ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE 85-7, THE ELECTRICAL ORDINANCE BY AMENDING SECTION 3. 3. 7 BY ADDING THERETO A NEW PARAGRAPH (B) TO ALLOW FOR RECIPROCATION OF ELECTRICAL LICENSING WITH THE DALLAS COUNTY RECIPROCAL ELECTRICAL ADVISORY BOARD. PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200. 00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS; the City Council has determined that the Electrical Licensing Requirements of ordinance 85-7 should be amended to permit alternate testing of applicants. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that SECTION 1. Ordinance 85-7 is hereby amended so that Section 3. 3. 7 paragraph (b) reads as follows: ( 1 ) A test given under the Jurisdiction and Control of the Dallas County Reciprocal Electrical Advisory Board will serve in lieu of a locally administered test. (2) Proof of such test together with a license issued by a City with which the City of Wylie has signed a Reciprocal Agreement must be presented to the Chief Electrical Inspector. 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. 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 decided to be invalid, illegal or unconstitutional and shall not affect the validity of the remaining portions of this ordinance. SECTION 4. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to a fine not to exceed the sum of Two Hundred Dollars ($200. 00) for each offense, and each day such violation shall continue to exist shall constitute a separate offense. , SECTION 5. This ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas this the ______ day of _ ____________ , 1987. Chuck Trimble, Mayor ATTEST: _________ __________ Carolyn Jones, City Secretary TO: MAYOR AND COUNCILMEMBERS FROM: JAMES JOHNSON, ACTING CITY MANAGE RE: ITEM #12 DATE: JULY 24, 1987 This item relates to item 23, which is approval of final plat and acceptance of public approvements for Quail Hollow II, Lot A, P. M. Akin Elementary. The School District feels that they should not be made to pay the Lift Station Fees since they are a tax exempt entity, as we are, and they are responding as we are to the growth by building new facilities. Subsequently, I spoke with the Mayor and he stated that I should put the amendment to the Ordinance on the agenda and Council should decide this issue. ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 85-19A CREATING LIFT STATION DISTRICTS: EXEMPTING THE WYLIE INDEPENDENT SCHOOL DISTRICT FROM THE RUSH CREEK LIFT STATION DISTRICT FEES, PROVIDING FOR PUBLICATION OF THE CAPTION AND THE EFFECTIVE DATE, PENALTY, AND SEVERABILITY: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE A HOME RULE POLITICAL SUBDIVISON OF THE STATE OF TEXAS: SECTION 3 - FEES Exempt Wylie Independent School District from the fees of the Rush Creek Lift Station District SECTION 3. PENALTY Any person, firm, coporation or other entity who is found guilty of violating the terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction of any such violation, shall be subject to a fine of not less than $1.00 nor more than $200.00. SECTION 4. - SEVERABILITY All ordinances or parts of the ordinance in conflict herewith are specifically repealed and are superceded by this ordinance. All other parts of such ordinances are not repealed. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgement or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining protions even though it had known the affected parts would be held unconstitutional. SECTION 5. - EFFECTIVE DATE This ordinance shall become effective upon its publication in a newspaper of general circulation. PASSED AND APPROVED BY THE CITY COUNCIL OF WYLIE, TEXAS, THIS THE DAY OF , 1987. Chuch Trimble, Mayor ATTEST: Carolyn Jones, City Secretary ,( PAWA•Winkelmann y &Associates, Inc. CPA./7MM POROv10MEMOWHIR KAMM 7Uw'EORE June 11, 1987 Honorable Mayor and City Council City of Wylie 108 S. Jackson Wylie, TX 75098 To the Honorable Mayor and Members of the City Council: PAWA•Winkelmann & Associates, Inc. is pleased to submit this zoning request for the newly annexed 183.4± acre tract on behalf of the Pendery Family. We feel our proposal for the 183.4± tract, strategically located between County Road 384 and the St. Louis and Southwestern Railroad, is unique in that it offers a well balanced mixture of commercial, industrial, and residential land uses. Due to the recent annexation of the property (Ordinance 86-92), and the future extension of Spring Creek Parkway, the Pendery Family feels the needs to have the tract appropriately zoned to its highest and best use in order to protect future land value. During the past few months, we have met with the Public Works Department of Collin County and preliminarily consented to dedicate both a major portion of needed 100' ROW for Spring Creek Parkway and the 60' right-of-way needed for future realignment of Eubanks (County Road 389). We have also met several times with your staff, and have used their input to create a zoning proposal which complements both your general Land Use Plan and your future development goals. We appreciate your consideration on this request, and we are available at your convenience to answer any questions you may have. PAWA•Winkelmann and the Pendery Family are excited about the extraordinary potential of Wylie, and we are looking forward to working with you in the future. Sincerely, PAWA•Winkelmann (Sc Associates, Inc. 41"*414-61L Andrew G. Gillies dad 12660 COIT ROAD,SUITE 200•DALLAS,TEXAS 75251 •214/661-9406 D„r PAWA•Winkelmann &Associates, Inc. CPA.I TMWMONIMMI ENGINEERS RANEM summons June 11, 1987 Honorable Mayor and City Council City of Wylie 108 S. Jackson Wylie, TX 75098 To the Honorable Mayor and City Council: PAWA•Winkelmann & Associates, Inc. will be our designated agent for submitting the zoning application for the 183.4± acre tract located along the County Road 384 and within the Francisco De La Pina Survey, Abstract No. 688. As our agent, PA WA•Winkelmann & Associates, Inc. has full authority to pursue and negotiate this zoning request to its conclusion. Sincerely, I C Hugh . Pendery - Owner �Illll►i_�l 1 t C 11. a Mary • - +dery H:g?3'r+ joib •hn F. Pendery• �Owner' 12660 COIT ROAD,SUITE 200•DALLAS,TEXAS 75251•214/661-9406 • APPLICATION TO . (I Board of Adjustment and Appeals (Building) ORDINANCE 83-15 III Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 © Planning and Zoning Commission ORDINANCE 81-5 NAME Hugh C. Pendery, John F. Pendery, Mary Pendery Haggerty, ADDRESS 183.4 acre tract, located within the Francisco De La Pina Survey, Abstract No. 688 - Send correspondence to: c/o Hugh C. Pendery LOT BLOCK 4507 Brookview, Dallas, TX 75220 SUBDIVISION BASIS OF APPLICATION: jJ Interpretation fI Special exception for use or development II Variance I X l Rezoning • Exception to Building Code - EXPLANATION: Due to the recent annexation (12-31-86 Ord. 86-92) of the property, and the probable future extension of Springcreek Parkway, the Landowners are request- ing to have the tract appropriately zoned toIts highest and best use in order to protect property values. S I GN I TORE. of APPLICANT / 6 L•a'.1GF DATE . G-l I e--i • Must be accompanied by filing fee of $ 200.00 Initial Zoning Fee 125.00 5 Zones @. 25.00 EA. $325:00 • Received: Date: G/Z �/ }e7 • /� CODE ENFOR ENT OFFICER EXHIBIT "B" DISTRIBUTION OF LAND USE ZONES EXISTING PROPOSED TRACT ACRES ZONING ZONING DESCRIPTION Tract 1 25.8 A SF-2 Single Family (4 units/acre) Tract 2 71.5 A SF-3 Single Family (5 units/acre) Tract 3 8.5 A B-1 General Business Tract 4 31.2 A I Industrial Tract 5 10.0 A B-1 General Business Tract 6 6.4 A SF-3 Single Family (5 units/acre) Tract 7 7.2 A B-2 General Business including outdoor sales Tract 8 9.1 A B-2 General Business including outdoor sales Tract 9 13.7 A MF Multi-Family Total 183.4 EX HIB1T "A" LEGAL DESCRIPTION FOR TRACTS 1 THROUGH 5 BEING a 146.87 acre tract out of the Francisco De La Pine Survey, Abstract 688, City of Wylie, Collin County, Texas, and being all of a 82.364 acre tract described in Volume 585, Page 347, and all of a 49.228 acre tract described in Volume 609, Page 227, and part of an 18.1 acre tract described in Volume 348, Page 207, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a railroad spike set at the southwest corner of said 82.364 acre tract, said point being, more or less, South 21°51' East, a distance of 4,295 feet from the northwest corner of said Francisco De La Pine Survey, the Texas Plane Coordinates of said beginning point being North 495,929.77, East 2,297,534.73; THENCE, North 01°28'42" East, with a fence and also with the east line of a tract conveyed to City and Town Builders, Inc., by deed recorded in Volume 1912, Page 834, and continuing with the east line of the tract conveyed to Don Massoud by deed recorded in Volume 1387, Page 800, a distance of 2,112.46 feet to a concrete government monument with a bronze disc; THENCE, North 23°03'14" East, with a common line with a tract conveyed to the United States of America by deed recorded in Volume 701, Page 491, a distance of 309.89 feet to a concrete monument with a bronze disc; THENCE North 24°58'43" East, a distance of 160.00 feet to the centerline of County Road 384 to a point for corner; THENCE, easterly along the centerline of said County Road 384 South 85°08'58" East, more or less, a distance of 449.25 feet to a point for corner; THENCE, continuing eastward along the centerline of said County Road 384, South 88°01'00" East, more or less, a distance of 450.00 feet to a point for corner; THENCE, southerly and leaving the centerline of said County Road 384, South 05°06'36" West, a distance of 125.00 feet to a concrete monument with a bronze disc; THENCE, South 86°46'02" East, with a common line with said United States of America tract, a distance of 115.46 feet to a concrete monument with a bronze disc; THENCE, South 01°34'36" West, a distance of 885.24 feet to a concrete monument with a bronze disc; THENCE, South 87°18'18" East, a distance of 504.37 feet to a concrete monument with a bronze disc at the southwest corner of Glad Acres Subdivision, an addition in Collin County as recorded in Volume 2, Page 36, Coffin County Map Records; THENCE, South 88°36'26" East, with the south line of Glad Acres Subdivision and generally with a fence, a distance of 1,415.65 feet to a railroad spike set; THENCE, South 01°48'42" West, with the west line of County Road 389, a distance of 1,566.67 feet to a point for corner located on the northern right-of-way line of the St. Louis and Southwestern Railroad; THENCE, South 78°01'47" West, along said northern R.O.W. line a distance of 1,998.00 feet to 1/2" iron rod; THENCE, North 02°09'42" East, a distance of 525.88 feet to a point on the centerline of County Road 383; • THENCE, westerly along said County Road 383 centerline North 87°59'41" West, a distance of 1156.07 feet to the POINT OF BEGINNING and containing 146.87 acres of land, more or less. LEGAL DESCRIPTION FOR TRACTS 6 THROUGH 9 BEING a 36.498 acre tract of land out of the Francisco De La Pina Survey, Abstract No. 688, Collin County, Texas, said tract being part of an 84.92 acre tract conveyed to Mary Pendery by deed recorded in Volume 344, Page 276, Deed Records, Collin County, Texas, all bearings being referred to the Texas Plane Coordinate System North Central Zone, said tract being more particularly described as follows: BEGINNING at a concrete government monument with bronze disc in the south line of County Road 384 (variable width at this point) and in the west line of said 84.92 acre Pendery tract, said point being, more or less, South 72°26' East, a distance of 5,020 feet from the northwest corner of said Francisco De La Pina Survey, the Texas Plane Coordinates of said beginning point being North 498,395.42, East 2,300,723.97; THENCE, North 67°10'23" East, with the south line of County Road 384, a distance of 841.60 feet to a concrete government monument with bronze disc; THENCE, North 66°51'47" East, with the south line of said County Road, a distance of 293.98 feet to a concrete government monument with bronze disc; THENCE, South 03°14'11" East, with a westerly line of a tract conveyed to the United States of America by deed recorded in Volume 701, Page 491, a distance of 904.12 feet to a concrete government monument with bronze disc; THENCE, South 88°32'36" East, with the south line of said tract conveyed to the United States of America, a distance of 264.15 feet to a concrete government monument with bronze disc; said point being in the west line of a tract of land in title to R. E. Alexander; THENCE, South 01°08'38" West, with a fence and with said Alexander west line, a distance of 628.9 feet to a fence corner post; said point being in the north line of a tract of land conveyed to A. V. Boyd by deed recorded in Volume 384, Page 14; THENCE, North 88°21'19" West, with a fence and said Alexander north line, a distance of 1,386.25 feet to a fence corner post; THENCE, North 02°00'32" East, with the east line of a tract conveyed to William Earin and continuing with the east line of a tract conveyed to Clinton Davis and with a fence, a distance of 1,057.61 feet to the POINT OF BEGINNING and containing 36.495 acres of land, more or less. /____ _ ,_. , 1 1i(„7----.„ 1:i 1, : 1 �../ � � \ �_ ..... .. _ i 11 J ..._._ i , 11. ., .... „ •s. fie ill IN \ 1 , ;� in'. — • - �` \�. TRACT 1�� I d^ / 144"1 , 2 ; 1/4 \ ( ( ' ! / 4 \ , \ 1 1 Gi.) 11 I 1 I 1L7 AC. .1.�xr 7 -z i F EdA.IIY �/ �( TRACT 7 + TRACT \\ 2 AC. .\ I JE \ / $ 13-2 1 � , • : COMMERCIAE I COMM( IAl \ iii C-5) \ i i adl _ �- /� \� / \ \. w'ik TRACT] 1 • /��, TRACT! .3 \ // .....-: :.• • .-.... .................... /f , NI � I WOO b.. \ �\ j1 }O !M'KRE{MyRY �`� C RCIA w... ,.. M �w..w.w / e+1 71.! AC. \ '' .O AC: \c\ %// w.. ..• ; - �r�w..� b i ). 0p'o Si7. i .• �� TRACT 4 p %,4\ ` TRIM X i 1... ...........----' X r _ ` \ — _ t area. // Rots No - ! .... r - , ' u.1r / .. \\\\ TRACT I u� J '_�.' -�f _ �- B-1commatem �i s 1.11-6,91° i es Ac. \ �\ • '11 )1111/ MINUTES PLANNING & ZONING COMMISSION REGULAR MEETING THURSDAY JULY 16, 1987 The Planning and Zoning Commission for the City of Wylie, Texas met in a Regular Meeting on July 16, 1987 in the Community Room at 800 Thomas Street. A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were: Chairman Brian Chaney, Vice-Chairman Ben Scholz, Bobby Skipwith and R. R. Miller. Representing the city staff was Roy Faires, Code Enforcement Officer and Amanda Maples, Secretary. ITEM NO. 1 - CONSIDER APPROVAL OF MINUTES - Bobby Skipwith made a motion to approve the minutes. Ben Scholz seconded the motion. Motion carried 4-0. ITEM NO. 2 - CONDUCT PUBLIC HEARING ON THE REQUEST FOR REZONING OF TRACT 16, BIRMINGHAM FARMS LAND FROM 2F TO PLANNED UNIT DEVELOPMENT - Mr. Faires stated that this item had been withdrawn from the agenda at the request of the developer. ITEM NO. 3 - CONSIDER RECOMMENDATION OF REZONING TRACT 16, BIRMINGHAM FARMS FROM 2F TO A PLANNED UNIT DEVELOPMENT - No action was taken on this item due to the fact that item 2 has been withdrawn from the agenda. Mr. Faires addressed the Planning and Zoning Commission informing them of the action that the City Council had taken on Tract 17, Birmingham Farms. He said that the Planning and Zoning Commission had recommended approval of the SF3 tract. However, the City Council had tabled any motion on the tract. The City Council is presently displeased with the amount of SF3 developing in Wylie and is looking toward more SF2 zoning. Council considered granting SF2 zoning but there was a discrepancy as to whether granting the SF2 zoning would be considered "Down Zoning" which is illegal arid_ the item was tabled for further consideration. ITEM NO. 4 - CONDUCT PUBLIC HEARING ON THE REQUEST FOR MULTIPLE ZONING ON 183. 4 ACRE TRACT, LOCATED WITHIN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 - Chairman Brian Chaney opened the public hearing to anyone who wished to speak for or against this item. Mr. Roy Wilshire of PAWA Winkelman came forward representing the Pendry family. Mr. Wilshire said that this is the balance of about 1800 acres of which most was purchased by the Corp of Engineers. On the property their is a north south road which is the realignment of Eubanks Road and an east west road which is the proposed Spring Creek Parkway. The property is bounded on the west by the lake, on the east by the Corp of Engineers and Eubanks Road, on the south by the Railroad and North Texas Municipal Water District and on the west is a tract of undeveloped land. This tract was annexed into the City of Wylie in December of 198E and is presently zoned "A. " We are asking for a combination of uses. We are providing for Spring Creek Parkway, the realignment of Eubanks Road, a single family buffer to protect Glad Acres, on the east and west commercial uses and at thoroughfare crossings and residential uses to cover over 2/3 of the property. The Industrial tract is bounded on the south by the railroad and on the north by Spring Creek Parkway. The red area is B1 zoning adjacent to the Industrial use. Tract 7 and 8 by Spring Creek Parkway, we are asking for B2 zoning. The orange area is SF3 and the yellow area is SF2. The Pendry family owns the peninsula next to the SF2 which is presently zoned "A" and is unplated at this time. The remaining 12 acres we anticipate as a MF use. We are prepared to dedicate right of ways quickly to allow the roads to be constructed by the County. The SF areas are a first draft of the subdivision layout backing the houses up to Spring Creek Parkway with 2 primary entrances from Spring Creek Parkway and a main collector serving the tract. We are excited and anxious to move forward with this project. Mr. Faires stated that the tract speaks for itself. Mr. Wilshire has made a good presentation. This proposal meets the theory of our cluster zoning although, it does not comply with the land use plan, which is changeable. Keep in mind the action of the Council on the last plat sent forth with SF3 zoning. There is a great deal of SF3 in that particular area and I don' t know how the Council would feel about this much SF3. Mr. Faires asked Mr. Wilshire if they had decided to put the deed restrictions on the SF3 as they had discussed and if so, what house size. Mr. Wilshire said yes they would be willing to commit to that at 1350 sq. feet. Mr. Drummin of 1700 Skyview came forward saying that most of the zoning is based on the proposed right of way of Spring Creek. Parkway. Has that location been finalized? Mr. Faires said that Spring Creek Parkway can be located anywhere if the City and the County so decides. Mr. Drummin said that the SF3 houses interface his property which is 1. 2 acres with a 1500 ft. house. That is the point I wanted to make, that these houses are interfacing much larger lots and I wonder if SF3 is enough buffer. There being no further discussion Chairman Brian Chaney closed the public hearing. ITEM NO. 5 — CONSIDER RECOMMENDATION OF MULTIPLE ZONING ON 183. 4 ACRE TRACT, LOCATED WITHIN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 - Bobby Skipwith asked if they were proposing to change the house size of all of the SF3 zoning. Mr. Faires said, "yes. " Bobby Skipwith said that Spring Creek. Parkway seemed to be a small buffer between the SF3 and the Industrial zoning. Mr. Faires replied that Spring Creek Parkway has a 100 ft. right of way. Mr. Wilshire said that Spring Creek Parkway actually has a 120 ft. right of way and it is important for the houses to back up to that thoroughfare and that there will be landscaping on the Industrial tract. The current ordinance only calls for a 20 ft. setback for Industrial property which, through the plating process we plan to increase that and I believe there has to be a wall . Chairman Brian Chaney said that the Planning and Zoning Commission has always gone with cluster zoning as opposed to strip zoning. Roy mentioned the density of the SF3, a 1 developer carve before us wanting large homes on small lots and it was granted. He deed restricted and the large lots sold first and the small lots did not sell. We are not here to evaluate the sell ability of these lots. Deed restrictions are his economic decision. Mr. Faires said that the City would not enforce deed restrictions, that is the Civil Courts duty. He went on to say that for some years we have felt as you do about buffer zoning. In the past we have used duplex zoning but in the last year all of the duplex zoning has come back before us wanting to change the zoning because the duplex lots are not i` marketable. It makes no sense to buffer with duplex zoning when it will only be changed, for now the SF3 zoning is the 4 best buffer zoning that we have available. Chairman Briar. Chaney suggested that the Commission take one tract at a time and deal with the zoning in that fashion. I Tract 1 - No problem. Tract 2 - Change to all SF2. ` i Tracts 6, 7, 8 & 9 - Change to all SF3 on tracts 6 and 9. i Tracts 7 and 8 leave as requested. 1 1 I Tracts 3, 4 & 5 - Change tract 5 bringing B1 down all the way i to the railroad tracts and put Industrial on tracts 3 and 4. r j Vice-Chairman Ben Scholz made a motion t grant the zoning ,i f as follows: i j Tracts 1 and 2 - SF2 t Tract 3 - Industrial r Tract 4 - amend the lower corner to B1 and the rest Industrial Tract 5 - B1 Tract 6 - SF3 Tract 7 - B2 Tract 8 - B2 Tract 9 - SF3 R. P. Miller seconded the motion. Motion carried 4-0. __t.. ... p AT L„....___I T - K O: .z6 - CONDUCT PUBLIC HEARING ON THE " REQUEST---._.F..OR1 SPECIFIC USE PERMIT TO OPERATE A PAWN SHOP ON 1 ACRE TRACT OUT OF FRANCISCO DE LA PINA SURVEY, A-688 (COMMONLY KNOWN AS HOME TOWN FURNITURE, INC. ) - Mr. Faires said that this is a proposal for a pawn shop in and Industrial zone. These people have applied to the state for license and I have informed them that they need a Specific Use Permit to operate a pawn shop in this zoning. Chairman Brian Chaney opened the public hearing for anyone who wished to speak concerning this item. Mr. N. C. Jefferies with Home Town Furniture, Inc. said that at this time they had 3 stores. One store is leased and there are two buildings on this 1 acre tract that are not leased. We have checked with the state about getting licensed to operate a pawn shop. There is no problem in getting the license but due to the time involved and the expense we wanted to see if you would allow us to get the Specific Use Permit before we embarked further on this project. c ,47, 21 /987 APPLICATION TO Board of Adjustment and Appeals (Building) ORDINANCE 83-15 III Board of Adjustment and Appeals (Zoning) ORDINANCE 81-5 Planning and Zoning Commission ORDINANCE 81-5 NAME Home Town Furniture, Inc. • ADDRESS 1001 N. Hwy. 78 LOT BLOCK SUBDIVISION 1 Acre Tract out of FRANCISCODE LA PINA SURVEY, A-688, BASIS OF APPLICATION: II Interpretation x J Special exception for use or development II Variance I j Rezoning I I Exception to Building Code EXPLANATION: Requesting specific use Permit to opete a pawn char in an industrial zone. 1 !. +T SIGNITURE of APPLICANT DATE iz Must be accompanied by filing fee of $ /d o 1O Received: Date: ‘ , ,L - y 01.01x1141411t7 AftPIAr rpr.drG, CO. • il.flreoe • '144 ge.4"".143.4 L.L.Cite,L. 22 • ,04.4C, 8 ' : 7 X......„,. fift • RUETT .......... OrrEs°4 JASZ T - - ...vac — as...Ivo, SOu 'SURVEY •AV-92() - • ST L°IIIS - . • 0.(• . - I 4 I . . . . . . . 77. tr, . I . ii ft•-yri • . 41C . 4.) i I .........—....— S t a 1 , . 1 Lki . i t 41 .1•104144 reiz.411 mraists•Ac w la r / do t it • I Orirific 1 62.113X.'• Oil' . sia4.1 c. i. 1 kito•mitie , 41 A.14 801172 . my)Ag 4.1 .• . 1.73-f OW 14 93-9 _ . 5,.0 4e • .• ip o. 0. 'V°. 44 10 Nik, A. fa, TMI 1.40Y LIA1 ••••-; e s i 1••• :Nolo z z I. 4••••• 17.56744• -;t4 it • A 440rts,..e f0.0 .10 Ma I-Voi 2.181AC Oa•_.r•ikc.or. 433 SHEET 4 • • • . . I .—_ wanting to change the zoning because the duplex lots are not marketable. It makes no sense to buffer with duplex zoning when it will only be changed, for now the SF3 zoning is the best buffer zoning that we have available. Chairman Brian Chaney suggested that the Commission take one tract at a time and deal with the zoning in that fashion. Tract 1 - No problem. Tract 2 - Change to all SF2. Tracts 6, 7, 8 & 9 - Change to all SF3 on tracts 6 and 9. Tracts 7 and 8 leave as requested. Tracts 3, 4 & 5 - Change tract 5 bringing B1 down all the way to the railroad tracts and put Industrial on tracts 3 and 4. Vice-Chairman Ben Scholz made a motion to grant the zoning as follows: Tracts 1 and 2 - SF2 Tract 3 - Industrial Tract 4 - amend the lower corner to B1 and the rest Industrial Tract 5 - B1 Tract 6 - SF3 Tract 7 - B2 Tract 8 - B2 Tract 9 - SF3 R. P. Miller seconded the motion. Motion carried 4-0. ITEM NO. 6 - CONDUCT PUBLIC HEARING ON THE REQUEST FOR SPECIFIC USE PERMIT TO OPERATE A PAWN SHOP ON 1 ACRE TRACT OUT OF FRANCISCO DE LA PINA SURVEY, A-688 (COMMONLY KNOWN AS HOME TOWN FURNITURE, INC. ) - Mr. Faires said that this is a proposal for a pawn shop in and Industrial zone. These people have applied to the state for license and I have informed them that they need a Specific Use Permit to operate a pawn shop in this zoning. Chairman Brian Chaney opened the public hearing for anyone who wished to speak concerning this item. Mr. N. C. Jefferies with Home Town Furniture, Inc. said that at this time they had 3 stores. One store is leased and there are two buildings on this 1 acre tract that are not leased. We have checked with the state about getting licensed to operate a pawn shop. There is no problem in getting the license but due to the time involved and the expense we wanted to see if you would allow us to get the Specific Use Permit before we embarked further on this project. There being no further questions or opposition Chairman Brian Chaney closed the public hearing. ITEM NO. 7 - CONSIDER RECOMMENDATION FOR SPECIFIC USE PERMIT TO OPERATE A PAWN SHOP ON 1 ACRE TRACT OUT OF FRANCISCO DE LA PINA SURVEY, A-688 (COMMONLY KNOWN AS HOME TOWN FURNITURE, INC. ) - Mr. Faires said that a Specific Use Permit could be and annual permit, restricted to the present owner and reviewed annually. Ben Scholz asked if large items such as boats and trailers could be stored outside. Mr. Faires said that outside storage was permitted in this zoning. Chairman Brian Chaney said that they could not use the parking spaces for that but he could store it on the side or I in the back. Ben Scholz made a motion to grant the Specific Use Permit to be restricted to the present owner and that it should be an annual permit and reviewed each year. Bob Skipwith seconded the motion. Not ion carried 4-00. ITEM NO. 8 - CONSIDER APPROVAL OF FINAL PLAT FOR CALDWELL ADDITION, BLOCK 1, LOT 1. - Mr. Faires stated that this is the property contiguous with the Police Station, it adjoins Jackson Street and is the proposed site of McDonalds Restaurant. The plans have been reviewed by the City Staff. This plat has met all of the requirements of the City of Wylie standards and the staff recommends approval. Chairman Brian Chaney asked Mr. Faires how this property is plated. Mr. Faires said that it is railroad property. The streets across the railroad property are not dedicated they are just prescriptive easements and we can' t get the dedication until the property is plated. Chairman Brian Chaney asked if the utilities shown on the plat were already existing. Mr. Faires said "yes and they have granted easements so that the City can maintain the utilities. " Chairman Brian Chaney asked what the current zoning of the property is. MEMORANDUM DATE: J Li L '1 / /'6 7 TO: James Johnsen, Interim City Manager/ FROM: Ron Homeyer, Asst. City Engineer SUBJECT: Plat and/or Plans Approval 7' / SELEA/E (_-“-Ultir-L-1- 4.1)D /770 && ; l L.CT• / The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. O F'reliminary Flat to Planning and Zoning ❑ F'rel iminar'v Flat to City Council ❑ FFinal Flat to Planning and Zoning Final Plat to City Council ❑ Construction Flans to City Council for construction approval only ❑ Final Flat to City Council for subdivision acceptance along with final inspection statement COMMENTS: RH/am cc: Public Works Director Code Enforcement Officer- Subdivision File M- Chronological File ♦ \ I 1 I I I I i i - - A STREET co. \ , , ......._____ D ♦ 47./ (0 3 = N W . • Us Eli 11 r (A •.• 0 \ 01 • D , l UI \ 0 %• 0, \ • idb \ . . 'ENUE No ,i •,:i JACKSON 1 49„\\ . • •, . Ill 1p N m c0 p _'I ♦ A '''', c8•..f�e O = N W 1 • rn \ 440 0 si0... 4 4 00 .0 01 t>t A W e 1I23 4t. 21 loossig 0 .11 - 2 ! is,•J '' I' '' ' 0) w A co , — 014460 ""I 14.1001V0 0000* AVENUE BALLARD \ . There being no further questions or opposition Chairman Brian Chaney closed the public hearing. ITEM NO. 7 - CONSIDER RECOMMENDATION FOR SPECIFIC USE PERMIT TO OPERATE A PAWN SHOP ON 1 ACRE TRACT OUT OF FRANCISCO DE LA PINA SURVEY, A-688 (COMMONLY KNOWN AS HOME TOWN FURNITURE, INC. ) - Mr. Faires said that a Specific Use Permit could be and annual permit, restricted to the present owner and reviewed annually. Ben Scholz asked if large items such as boats and trailers could be stored outside. Mr. Faires said that outside storage was permitted in this zoning. Chairman Brian Chaney said that they could not use the parking spaces for that but he could store it on the side or in the back. Ben Scholz made a motion to grant the Specific Use Permit to be restricted to the present owner and that it should be an annual permit and reviewed each year. Bob Skipwith seconded the motion. Motion carried 4-00. ITEM NO. 8 - CONSIDER APPROVAL OF FINAL PLAT FOR CALDWELL ADDITION, BLOCK 1, LOT 1. - Mr. Faires stated that this is the property contiguous with the Police Station, it adjoins Jackson Street and is the proposed site of McDonalds Restaurant. The plans have been reviewed by the City Staff. This plat has met all of the requirements of the City of Wylie standards and the staff recommends approval. Chairman Brian Chaney asked Mr. Faires how this property is plated. Mr. Faires said that it is railroad property. The streets across the railroad property are not dedicated they are just prescriptive easements and we can' t get the dedication until the property is plated. Chairman Brian Chaney asked if the utilities shown on the plat were already existing. Mr. Faires said "yes and they have granted easements so that the City can maintain the utilities. " Chairman Brian Chaney asked what the current zoning of the property is. i7 Mr. Faires said that it is zoned B1 . R. G. Miller made a motion to, approve the Final Plat as presented. Bob Skipwith seconded the motion. Motion carried 4-0. NO. 9 - ADJOURN - R. P. Miller made a motion to adjourn the July 16, 1987, Regular Meeting of the Planning and Zoning Commission. Bob Ski pw i t h seconded the motion. Motion carried 4-0. Brian Chaney, Chairman Respectfully Submitted : Amanda Maples, Secretary lr 4 � MEMORANDUM TO: MR. JAMES JOHNSON, INTERIM CITY MANAGER FROM: RON HOMEYER, ASST. CITY ENGINEER "J . DATE: JULY 6, 1987 RE: Cause No. 86-13521-I H.B. Allard vs. Roger C. Finholt, et al 162nd Judicial District Court, Dallas County,Texas Proposed Agreement After reviewing the agreement document forwarded to me by Mr. Allard 's attorney for the settlement of the above referenced case, I recommend that the City of Wylie agree to the conditions set forth. I feel that the conditions are reasonable for an interim solution, but there will definitely be no commitment at this time for any of the subdivision regulations of the future to be nullified by this settlement document. With this understanding, I think the council should proceed with settlement in a timely manner. Op-7~ ' ` ~ , / ClrrY" 01r XA7~Y~1-a1333 ° 108 S.JACKSON ST. -- P.O. ������ - Yn'LE,TEXA075Oa8 (214)442-2236 July 24, 1987 [ .. ' Roger k—Kov. � Big. Z) nstruction Co. �uke Street, Suite 100 -3rvinq, Tewas 75061 RE: Lake Ray Hubbard Mobile Home Park Dear Mr. Finholt: The drainage channel across the above referenced project has for some reason been constructed below the level of the outfall channel at your property line. For this reason you have requested that the City of Wylie grant you permission to reqrade the channel in such a manner that it will no longer pool water. After reviewing the construction plans for this channel . I find that there will be no significant change in the capacity of this channel in regards to 25-vear flood flow. Therefore: I hereby approve of the regrading of the channel (raisinq the flow1ine to an elevation which will match the elevation of the natural ground at the oischarqe point at your property line) if there is no agreement reached in the dispute with Mr. H. B. Allard. This approval does not release you trom making every attempt , within reason, to reach an agreement satisfactory to the City of Wylie and Mr. Allard. I hope that this will allow vou to schedule your work for the mooile home park. If I can be of any further assistance please call me at 214-442-3564' Si elv: Ron Homever" E. I . T. Asst. City Enqineer RH/rh cc: James Johnson. Interim City Manager, Don White, Acting Public Works Director Eddie Johnson~ Engineering Technician File ~ � -a� ALLEN & SPENCER ATTORNEYS AT LAW REPUBLICBANK BUILDING, SUITE 404 P. O. BOX 462206 W. R. ALLEN, JR. CYNTHIA A. SPENCER GARLAND, TEXAS 75046-2206 (2141 272-0136 June 19, 1987 Mr. James John n Acting City anager City of W ie 114 Nor Ballard P.O. x 428 Wy 'e, Texas 75098 Re: Cause No. 86-13521-I H. B. Allard vs. Roger C. Finholt, etal 162nd Judicial District Court, Dallas County, Texas Dear Mr. Johnson: We represent H. B. Allard in connection with the above lawsuit. This suit involves the drainage on to Mr. Allard' s property from a mobile home subdivision under construction on adjacent property. Mr. Allard has discussed this situation verbally and by correspondence over the past several months with the City Engineering Department and Mr. Gus Pappas, former City Manager. A tentative agreement was reached by Mr. Allard and Mr. Finholt based on certain commitments from the City of Wylie, all of which are reflected in the agreement that is enclosed. Wylie representatives also inquired about laying a sewer line across Mr. Allard' s property as part of a plan to sewer a portion of his property, the mobile home subdivision and other property. Mr. Allard has indicated his continuing willingness to participate in the cost of doing this. The lawsuit is pending awaiting a compromise settlement agreement. If the City of Wylie and Mr. Finholt approve the enclosed agreement, we will announce to the Court that the case is settled subject to completion of the sanitary sewer. One issue of the lawsuit that we have not addressed is a plea in abatement that was filed by Mr. Finholt, and with this settlement the issues raised by that plea in abatement will be disposed of also. Please give me a call if you have any questions or if I can supply any additional information. We would like to move this to a con- clusion as rapidly as possible. Very truly yours,yours, ,,v-e W. R. Allen / ,(U r. WRAjr:cj Enclosures cc: Chuck Trimble, Mayor City of Wylie 114 North Ballard P.O. Box 428 Wylie, Texas 75098 (w/enclosure) Mr. Ron Homeyer City Engineering Department N// City of Wylie 114 North Ballard P.O. Box 428 Wylie, Texas 75098 (w/enclosure) Mr. John R. Guittard Guittard, Hyden & Guittard 680 Two Energy Square Dallas, Texas 75206 (w/enclosure) Mr. Kenneth R. Stein Matthews, Carlton & Stein Attorneys at Law 12222 Merit Drive, Suite 800 Dallas, Texas 75241 (w/enclosure) Mr. H. B. Allard 1110 Main Street Garland, Texas 75040 AGREEMENT STATE OF TEXAS COUNTY OF COLLIN ) The parties to this agreement are H. B. ALLARD, of Dallas County, Texas ( "ALLARD") , ROGER C. FINHOLT and BURTON L. SHRYOCK, Partners, doing business as B & R INVESTMENTS #1, ("FINHOLT") , and the CITY OF WYLIE, Collin County, Texas, ( "CITY") . RECITALS ALLARD is the owner of certain real property (the "Property") that is fully described on Exhibit "A" attached hereto and incorporated herein by reference. FINHOLT is the owner of certain real property that is adjacent to the Northeast line of the Property and which is being developed by FINHOLT as a mobile home subdivision (the "Subdivision") . The CITY has specifically approved the Subdivision plat and the storm sewer drainage system for the Subdivision. ALLARD has filed suit in the 162nd Judicial District Court of Dallas County, Texas under Cause Number 86-13521-I against FINHOLT and FINHOLT has filed a counterclaim in said suit. ALLARD has alleged and believes that the storm sewer drainage plan for the Subdivision diverts, directs, enhances, increases and concentrates the flow of water from the Subdivision to an extent that is damaging to ALLARD and the Property. FINHOLT has denied the allegations. ALLARD has discussed the storm sewer drainage system with the Department of the City Manager and the Department of Engineering of the CITY with regard to the Subdivision and the Property. A tributary of Cottonwood Creek (the "Tributary") commences approximately 350 feet South of the Property' s AGREEMENT - PAGE 1 Northeast line that is adjacent to the Subdivision. The Tributary meanders South, draining the Property, until it intersects with Cottonwood Creek. ALLARD has been advised by the CITY and its Engineering Department that upon the development of the Property, the volume of water that will be carried by the Tributary is sufficient under the CITY'S ordinances to allow that an open earthen storm sewer be constructed along the meanderings of the Tributary; and that upon such development, the CITY will require a storm sewer easement of -S`0- feet to accommodate such storm sewer. In order to mitigate the damages ALLARD alleges will accrue to himself and the Property from the Subdivision drainage, it will be necessary to construct approximately 365 feet of open earthen storm sewer from the Subdivision through the Property to a connecting point with the Tributary. The CITY has prepared, and there is attached hereto as Exhibit "B" , an engineering drawing of an open earthen lined storm sewer (the "Storm Sewer Plan") extending South from the Northeast line of the Property at its connection with the Subdivision storm sewer to a connecting point with the Tributary. AGREEMENT IN CONSIDERATION OF THE PREMISES, the mutual benefits to be received by the parties, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties to this agreement agree as follows : 1. FINHOLT agrees to construct in a good and workmanlike manner and at his own cost and expense an open earthen storm sewer pursuant to the Storm Sewer Plan at the location shown on the Property; upon completion of the construction, to leave the Property in a clean and orderly condition, removing all trash, debris and any trees or vegetation that may have been destroyed during the construction; and to replace the fence at the Northeast line of the Property with a "cattle secure fence" AGREEMENT - PAGE 2 �^ across the storm sewer; and to do and construct all of the foregoing in conformance with the Storm Sewer Plan and to the satisfaction of the Engineering Department of the CITY. 2. Upon completion of the storm sewer and the written approval thereof by the CITY, ALLARD and FINHOLT shall jointly move that the 162nd Judicial District Court of Dallas County, Texas dismiss, with prejudice, the petition and counterclaim filed in Cause Number 86-13521-I, with each party bearing their own court costs and paying their own attorney' s fees. 3. CITY agrees that on development of the Property that the storm sewer along the Tributary, for its entire length, shall be an open earthen lined storm sewer (as is the Storm Sewer Plan) and shall be terraced and landscaped to preserve and enhance the natural beauty and aesthetics of the Property; that the CITY will not require the storm sewer to be enclosed or lined. 4. ALLARD agrees, for himself, his heirs, administrators, executors or assigns, that upon development of the Property he will grant to the CITY, without cost, a fifty foot (50 ' ) storm sewer easement in width along the meanderings of the Tributary to its point of intersection with Cottonwood Creek. 5. CITY understands and agrees that the provisions hereof with respect to the storm sewer (including but not limited to the type of construction thereof) along the Tributary are a material inducement for ALLARD to make this agreement with FINHOLT, and to agree to grant the storm sewer easement; and but for the representations and agreement of the CITY, no such agreement would be made by ALLARD. 6. The obligation of ALLARD and FINHOLT to consummate this agreement and to dismiss the lawsuit are contingent and conditioned upon the approval of this agreement by the City Council of Wylie, Texas, and by the adoption by the City Council of a resolution accepting this agreement and authorizing the City AGREEMENT - PAGE 3 76 Manager to execute same on behalf of the CITY and to bind the CITY to the terms and provisions hereof. ALLARD and FINHOLT shall be furnished a copy of said resolution. 7. It is further agreed that this agreement shall be recorded in the Deed Records of the county or counties where the Property is situated. 8. Upon the acceptance of this agreement by the CITY and the execution thereof by all parties, and upon completion and acceptance of the storm sewer, ALLARD and FINHOLT each agree to and will RELEASE and DISCHARGE the other from any claims , liabilities, debts, actions or causes of action that have been alleged in the above described lawsuit. 9. This agreement contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this agreement shall be of no force or effect except a subsequent modification in writing, signed by the parties hereto. 10. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. 11. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the respective parties hereto. DATED this day of 1987 . H. B. Allard Roger C. Finholt and Burton L. Shryock doing business as B & R INVESTMENTS #1 AGREEMENT - PAGE 4 CITY OF WYLIE ATTEST: BY: City Manager BY: City Secretary STATE OF TEXAS ) COUNTY OF DALLAS ) This instrument was acknowledged before me on the day of , 1987, by H. B. ALLARD. Notary Public, State of Texas My Commission Expires: Printed Name of Notary: STATE OF TEXAS ) COUNTY OF DALLAS ) This instrument was acknowledged before me on the day of , 1987, by ROGER C. FINHOLT and BURTON L. SHRYOCK, doing business as B & R INVESTMENTS #1 . Notary Public, State of Texas My Commission Expires: Printed Name of Notary: STATE OF TEXAS ) COUNTY OF DALLAS ) This instrument was acknowledged before me on the day of , 1987, by , City Manager of the CITY OF WYLIE,, Texas, on behalf of said CITY OF WYLIE, Texas. Notary Public, State of Texas My Commission Expires: Printed Name of Notary: AGREEMENT - PAGE 5 1^° --r-, arc:; ,.,... . ALL MEN BY THESE PRESENTS • I That I, THOMAS N. DANIEL, do hereby certify that I propar d this plat frog a true and actual survey on the grand of a tract of land situated in Dallas and Rockwall Counties, and being located on Stonewall Road and Vinson Road, and being out of the Wm. Blevins Survey, Abstract No. 93 Dallas County, and Abstract No. 8, Rockwall County, and being out of the E. M. Price Survey. Abstract No. 1114, M. L. Price Survey Abstract No. 1115, Dallas County and Abstract No. '! 257 Rockwall County and being part of a 94.3 acre tract conveyed to J. P. Moss on Feb 22 1941 as recorded in Volume 2265 at Page 73 of this Deed Record Dallas County, Texas, and being a part of a 50 acre treat from Mrs. E. E. Proctor et al to J. P. Was • and filed December S, 1939 in the Deed Records of Dallas County, Texas as filed of record in Volume 2174 at Page 66 of the Deed uecorda of Dallas County, Texas, aned d ybeing part of a 111 acre tract j that is Johnson inrt of Volume�M Paget564 in the Deed Records ofon to Rockwallll County, Texas and a 101.1 acre tract conveyed from Ernest Johnson et al to J. P. Moss, filed September 30, 1939 in Volume 2159, Pages 374 Ln the Deed Records of Dallas County, Texas, and being oar* particularly described asfollowss ' BEGINNING at the intersection of the Southeast.E.O.V. line of Vinson Road with the Northeast ROW line of Stonewall Road, said intersection being with the West corner of the J. P. Moss tract; THENCE North 44 deg. 43 min. East, with the Southeast ROW lino of Vinson Road, 697.22 foot to a point for corner; THENCE North 44 deg, 00 min, East. with a Northwest line of said J. P. Moss 50 acre tract and said 101.1 acre tract. 1924.75 feat. to a stake for corner; THENCE North 46 deg. 42 min. West with fence line and with a Southwest line of said J. P. Moss 94.3 acre tract, 691.46 feat to a stake for corner; THENCE North 5 deg. 04 min. Wart with fence lino and with a West line of said J. P. Moss 94.3 acre tract, 2094.76 feet to the North corner of said J. P. Mess tract for corner; said corner being the West corner of a 60.856 acre tract conveyed to Media Skelton Kreynar by deed recorded in Volume 963 at Page 0873 of Deed Records of Dallas County, Texas and recorded in Volume 49 at page 2406 of Deed Records of Rockwall County. Texas; THENCE South 45 deg. 52 min. East. with fence line and with the Northeast line of said J. P. Noss tract. and Southwest line of said 60 856 acre tract and Northeast line of said 101.1 acre tract, 4076.20 ..foot to a stake for corner, said point being a Northeast corner of said J. P. Mose tract; THENCE South 44 dog. 15 min. West, with fence line and with'a • Southeast line of said J. P. Moss 101.1 nor* tract, 1424.90 feet to a stake for corner; THENCE South 47 deg. 12 sin. East, with fence line and with a / Northeast line of said J. P. Moss 101.1 acre tract, 396.71 feet • to a point for corner; end said point be the North corner of a 58.0773 acre tract conveyed by H. W. $atterrse to Bronson as filed in Volume 3597. at Page 193, Deed Records of Dallas County, Texas; THENCE South 65 deg. 15 min. West, with a Southeast line of said J. P. Moss tract, and with a Northwest line of said Bronson tract, and with a ravine, 1585.11 feat to a point for Corner; • THENCE Southerly with the center of Cottonwood Creek and with the Southeast line of said J. P. Moss tract apd with Bronson. tract es follows: " THENCE South 9 deg. 57 min. West 227.89 foot; THENCE South 26 deg. 00 min. West 104.21 feet; tA_5 r THENCE South 0 deg. 42 min. West 130.31 feet; THENCE South 37 deg. 32 min. West 112.06 feet; THENCE North 67 dig. 53 min. West 248.47 foot;_ THENCE North 56 deg. 11 min. West, with fence line and with a South line of said J. P. Moss tract., and with a North line of said Bronson %tract, 494.85 foot to a point for corner; • THENCE South 17 deg. 17 min. West with fence line and with a West line of said Bronson Tract, 374.56 feet to a point for corner set in the Northeast ROW line of Stonewall Road; THENCE North 44 dog. 23 min. West, with fence line and with the Northeast ROW line of Stonewall Road, 1496.48 feet to the glace Beatnnin,g and containing 209.76 acres of land. ' • I a1�t 41/, RegisteredProf*ssional Engineer r • s4-Ef 4 NI:w.0 N P.Ni►1. • A 01?fr \ • // // , // ..•/ // --/ /...'' `.. \ '/ // / / •*,•..•••/ $: 1V,1I,,/,*1r,-_i,,-4 I..I:X.-4-._-1 i-..:-,-"--;---,-7---,_7-4-:--'1:-4--•= •,_-•2i•.:'..i.-.....-:..,..:-2-.1f.C..:-lZl-_--,N Iet,-:6ff /-._e.9-_-...T7.r.--.--.,r...i•,-..--.., .-.-..:....-.-.../..-.-„.,-.7<.,.-.'"..-...„-4'"z..,.-1•"-4.-:=.-'-W-'.\1.-'--°--...-.I'0..'-..'..*.''!..g l6..l ...i!.t..7".,. 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I , . .. _________ ____,_ , . . . . , . i1 ! . 1 .i 1 CO.cse ill , •..,_!....i . , • • ; L ! , . I i I , I , . . 111111 ' . • ; I ..._ 1 i • , 1 , ry 1 ', ' : : , , 1 ; 1_._ 1 ; • 1 I ; 1 1 1 I . I ; ; I . • -I ' 1 _.1 9 pi, ______,_ ____ FL 475. 3 1 I I• I , I I 1 II i 1 1 1 I ! I ! 1 I • .11 1 i 1 1 ! 1. , 1 —• ,t----- — i ---- I i , __ I 1 I •-17-1---- --7 I , __...._.....___;__ r.. i i I 1 , . ,I 1 i I 1 , . 1 , -1--- ±- ---ti-----4---- , - ------f---- -----h----i----4----,--- ; ; 4 400 i FL ; 474.ICI t t 'I , I --t--- . , I . I I. 1 I i -,----4----- I I I ; I t ! ' . 1 , p I, f , • f . , 1 1 I • . . I I : I , •I : • . . 1 : I I I i ! 1— _ . I 1 I ), I ' I I En= I -4 I 1 : -1L-I i , PI ! ; fil : I ; I : i MIIIIIIIIII C41: MINIII r ii —4_- m i Ell !, i . 2 p,.., . ; IMIIOMIIMIIIIIIIIIIII 1.4)0 a 2s ., . I I i 30 x .11, ir , . i mil lirmilim 1 • 0 g I II NM Ill I I - I rialliEll I 1! ! F L. •I. 7• , 1 1 1 ni 1 ' 11111111111 44 ! r i I i . i i, i , , 1, 1_ i • I ! : N . . 1 i I 1 i i • I 1 REQUEST TO BE PLACE ON AGENDA Date of next Council Agenda __ _!_2-- `./ r::; -je---e.e7 I . ! wish to speak to the City Council for the reason listed below: 0,..,.. e...ee--v. _,..G---ft....,.- CZ--€67 ,/e/....e...-6 .74' e-;,,54 -7'(-; 7T --- .7.---e---v-cri-Ce....e.&01-e---le Thank you, --7,77-7 SignatureY ` � Street Z‘e-Z6,-L 7-X 757% .3?/ City, State Zip Code Phone Number v REQUEST TO BE PLACE ON AGENDA Date of next Council Agenda �. 11r6, D itAl L l , __ c1,144,77 t)5� ‘x wish to speak to the City Council for the reason listed below: 7/e_zeZt4Zeir-x- _iecchec- 2-; DF/ S%4/1 u>, / S7,44e S7/4tc 7,4 le, CO4,4,I5 '7 /1"" 02(2Lidy2.(__a:,5'f_v5 it z yz /-7'.e ie.e f j.eeZ411 Thank you, 9 � ' -- -SLY . 0 Si gnat e Street A°.Lf Ci, y, State Zip Code Phone Number 1^EvfORAN L DATE: July 22, 1987 FROM: Roy Faires, Zoning Administrator SUBJECT: Plat Approval We need to take action on this matter t Article 974 (a), Section 3 of V.A.T.C.S, specifically states that if the plat is NOT disapproved in 30 days it shall be deaued approved. Article 976 (a), Section 4 makes it necessary to determine a threat to health, safety, morals or welfare to deny approval, 2 r r Roy Faires Zoning Administrator • Art. 974a CITIES, TOWNS AND VILLAGES Tit. 28 Art. 974a. Platting and recording subdivisions or additions Plats required Section 1. Hereafter every owner of any tract of land situated within the corporate limits, or within five miles of the corporate limits I ' of y city in the State of Texas, who may hereafter divide the same in two or more parts for the purpose of laying out any subdivision of any tract of land or any addition to any town or city, or for laying out suburban lots or building lots, or any lots, and streets, alleys or parks or other portions intended for public use, or the use of purchas- ers or owners of lots fronting thereon or adjacent thereto, shall cause a plat to be made thereof which shall accurately describe all of said I; subdivision or addition by metes and bounds and locate the same with respect to an original corner of the original survey of which it is a Ipart, giving the dimensions thereof of said subdivision or addition, and dimensions of all streets, alleys, squares, parks or other portions of same intended to be dedicated to public use, or for the use of •i purchasers or owners of lots fronting thereon or adjacent thereto; provided, however, that no plat of any subdivision of any tract of • 1 land or any addition to any town or city shall be recorded unless the l� same shall accurately describe all of said subdivision or addition by `: metes and bounds and locate the same with respect to.an original corner of the original survey of which it is a part giving the dimen- sions thereof of said subdivision or addition, and dimensions of all sts, lls, eattis med to be dedicatedreetaey to publicsquars,usep, orrks foror o theher usepor of purchasersonofsa e or ownersintend of If - lots fronting thereon or adjacent thereto. Acknowledgment of platsSec. 2. That every such plat shall be duly acknowledged by f 1 owners or proprietors of the land, or by some duly authorized agent of f said owners or proprietors, in the manner required for the acknowl • - ; f i, edgment of deeds; and the said plat, subject to the provisions con- • j tained in this Act,' shall be filed for record and be recorded in the 111 office of the County Clerk of the County in which the land lies. I I j 1.This article and Vernon's Ann.P.C.,art.427b. iAp fro ,. o • at or plan by Planning Commission or governing body; record t COW hat it shall be unlawful for the County Clerk of any L' co • which such land lies to receive or record any such plan, plat or replat, unless and until the same shall have been approved by the I City Planning Commission of any city affected by this Act,'if said city has a City Planning Commission and if it has no City Planning Com- i 1 mission, unless and until the said plan, plat, or replat shall have been approved by the governing body of such city. If such land lies outside • of and within five (5) miles of more than one (1) city affected by this ' I ; Act,then the requisite approval shall be by the City Planning Commis- v, , 1 sion or governing body,as the case may be,of such of said cities having 74 1 1 t • Tit. 28 1 Ch. 1 CITIES AND TOWNS Art. 974a ►s or additions the largest population; provided,however, that the governing body of any city having the largest population may enter into an agreement with any other city or cities affected,or the governing body of the larg- 1 of land situated 1 est city may enter into an agreement with any other city within five (5) le corporate limits miles conferring the power of approval within stated portions of the I er divide the same • area upon such other city; but any such agreement shall be revocable it any subdivision by either city at the end of twenty (20) years after the date of the city, or for laying agreement or at the end of such shorter period of time as may be agreed d streets, alleys or upon. A copy of any such agreement shall be filed with the County the use of purchas- Clerk, and during the time the ag reement continues in force he thereto, shall cause shall not receive or record any such plan, plat or replat unless it describe all of said has been approved by the City Planning Commission or the )cate the same with gov- erning body, as the case may be, of the city or cities upon which ! ey of which it is a the power of approval is conferred by the agreement. An ivision or addition, son desiring to have aplan, platreplatapproved or n p s or other portions as herein pro- [s vided, shall apply therefor to and file a copy with hQ r�mmis- or for the use of Sion or governinI body herein au I . .. I a..rove same whi . r adjacent thereto; s a ac u.on . •.- 1 a jf jIMI Mali 0¢ date. , ion of any tract of 'tf s.i 0 .. not d'-• . .rov•. within •_'dm I da s from said recorded unless the filing date, it shall be deemed to been a ro and a cer .1� ision or addition by icate showing said Ding date and the failure o take action there- on within thirty (30) days from said filing date, shall on demand be ;pect to an original it giving the dimen- issued by the City Planning Commission or Governing Body, as the id dimensions of all case may be, of such city, and said certificate shall be sufficient in lieu of same intended to of the written endorsement or other evidence of approval herein re- ;hasers or owners of quired. If the plan,plat,or replat is ap proved,such Commission or gov- erning body shall indicate such finding by certificate endorsed thereon, signed by the Chairman or presiding officer of said Commission or gov- erning body and attested by its Secretary, or signed by a majority of ily acknowledged by the members of said Commission or'Governing Body. Such Commis- y authorized agent of sion or governing body shall keep a record of such applications and ired for the acknowl- the action taken thereupon, and upon demand of the owners of any o the provisions con- land affected, shall certify its reasons for the action taken in the mat- Ld be recorded in the ter. i i the land lies. 1 This article and Vernon's Ann.P.C.,art.427b. In.• • of approval of plat by Planning Commission or governing body ;overning body; record County Clerk of any Sec. 4. f such plan or plat, or replat shall conform to the gen- County lan,plat • • • • of said city and its streets, alleys, parks, playgrounds and ,rd any such p public utility facilities, including those which have been or may be been approved by the laid out, and to the general plan for the extension of such city and of y this Act,1 if said city its roads, streets and public highways within said city and within five to City Planning Com- miles of the corporate limits thereof, regard being had for access to replat shall have been and extension of sewer and water mains and the instrumentalities of f such land lies outside public utilities, and if same shall conform to such general rules and 1) city affected by this regulations, if any, governing plats and subdivisions of land falling city Planning Commis- within its jurisdiction as the governing body of such city may adopt Loh of said cities having and promulgate to promote the health, safety, morals or general wel- 75 4 Art. 974a CITIES, TOWNS AND VILLAGES Tit. 28 fare of the community, and the safe, orderly and healthful develop- ment of said community (which general rules and regulations for said purposes such cities are hereby authorized to adopt and promulgate after public hearing held thereon), then it shall be the dut of said Ci Pl uch cit as 1 1 t ndorse a the plan, plat or replat sub- 1 i j mated to it. ' Vacation of plat or plan; procedure Sec. 5. That any such plan, plat or replat may be vacated by the proprietors of the land covered thereby at any time before the sale of any lot therein by a written instrument declaring the same to be vacated, duly executed, acknowledged and recorded in the same office as the plat to be vacated, provided the approval of the City Planning 1i Commission or governing body of such city, as the case may be, shall , have been obtained as above provided, and the execution and recorda- tion of such shall operate to destroy the force and effect of the record- 41 ing of the plan, plat or replat so vacated. In cases where lots have • v, been sold, the plan, plat or replat, or any part thereof, may be vacated ii.l. upon the application of all the owners of lots in said plat and with the 1 I approval, as above provided, of the City Planning Commission or gov • - i erning body of said city, as the case may be. The County Clerk of the r '� county in whose office the plan or plat thus vacated has been recorded shall write in plain, legible letters across the plan or plat so vacated . the word "Vacated," and also make a reference on the same to the volume and page in which said instrument of vacation is recorded. Improvement to effect dedication j Sec. 6. The approval of•any such plan, plat, or replat shall not be deemed an acceptance of the proposed dedication and shall not 1 , impose any duty upon such city concerning the maintenance or im- • j provement of any such dedicated parts.until the proper authorities 'I. of said city shall have made actual appropriation of the same by entry, use or improvement. i I Penal provision 1j Sec. 7. [Vernon's Ann.P.C. art. 427b.] 1'' Approval prior to connection of public utilities 1 Sec. 8. Unless and until any such plan, plat or replat shall have r been first approved in the manner and by the authorities provided for in this Act,1 it shall be unlawful within the area covered by said plan, ' , plat or replat for any city affected by this Act,1 or any officials of such city, to serve or connect said land, or any part thereof, or for the use of the owners or purchasers of said land, or any part thereof, with 1 any public utilities such as water, sewers, light, gas, etc., which may ., ' i be owned, controlled or distributed by such city. 76 i t , i MEMQRANDUM TO: MAYOR AND COUNCILMEMBERS FROM: JAMES JOHNSON, ACTING CITY MANAG DATE: JULY 20, 1987 RE: BIRMINGHAM FARMS TRACT At the last regular meeting of the City Council there was considerable discussion on Tract 17 of the Birmingham Land Farms and the original zoning of the tract. I am enclosing copies of the July 25, 1985 meeting of the P&Z Commission regarding the subject. See page 3, Item 9 of those minutes - "Public Hearing, 658 acres". Also attached are minutes of the August 13, 1985 council meeting. See page 139 - "Public Hearing on the Zoning of 658. 0 acres and approval of zoning ordinance". A copy of the concept plan and zoning plan and districts that were used is also attached for your review. ei r t MINUTES PLANNING & ZONING COMMISSION JULY 25 , 1985 The Planning & Zoning Commission for the City of Wylie , Texas met in regular session on Thursday , July 25 , 1985 in the Council Chambers at City Hall . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Chairman , Kent Crane ; Ken Mauk , Bill Chapman , John Hamilton , Brian Chaney , Don Montgomery and Ben Scholz . Representing the City staff were City Manager , Gus Pappas ; Building Official , Roy Faires and Secretary , Barbara LeCocq . The meeting was called to order at 7 : 15 P.M. by Chairman Crane . Before proceeding with the agenda, Chairman Crane briefly explained the procedures of the P & Z with the new members of the commission and called on City Manager Pappas to comment . ITEM NO. 1 - APPROVAL OF MINUTES - There being no additions or corrections to the minutes , Bill Chapman made a motion , seconded by Ken Mauk to approve the minutes as submitted . Motion carried 7-0 . ITEM NO. 2 - CONSIDER APPROVAL OF PRELIMINARY PLAT FOR RUSTIC OAKS 4 - Chairman Crane called on City Manager Pappas to locate this property on the map . Mr . Pappas explained that this tract is located just south of the originally platted three phases of Rustic Oaks . The appropriate members of the staff have reviewed this plat and found it to meet the subdivision regulations of the City of Wylie and therefore recommend it for approval . In answer to a question from Bill Chapman, Gus Pappas stated that Fleming Street will be the only east-west street through this development . In answer to a question from John Hamilton , Mr . Roland Foerster , engineer for the project stated that there will be 440 units at build out which will be over a period of several months . Mr . Foerster stated that this project will be built in three phases . With no further discussion , Chairman Crane asked for a motion . Ken Mauk made a motion to recommend approval of the preliminary plat of the Rustic Oaks 4 Addition to the City Council . Bill Chapman seconded the motion. Motion carried 7-0. ITEM NO. 3 - CONSIDER APPROVAL OF FINAL PLAT FOR QUAIL HOLLOW - Kent Crane pointed out this development on the map. Gus Pappas stated that it is zoned SF-1 . Mr . Pappas also stated that this plat had been reviewed by the appropriate staff members and the city engineer and was in compliance with the subdivision regulations of the City of Wylie and the staff recommends approval . Mr . Jim Lee of Quail Hollow/Wylie Joint Venture , stated that actually this 1 property was zoned SF-1 under the old ordinance . Mr . Lee also stated that in answer to a request by John Hamilton , a member of the P & Z , that the developers had been working with the members of the First Christian Church and had agreed to provide a living screen in addition to a lateral sewer line in order for the church to be on the City sewer line rather than a septic tank . With no further discussion , a motion was made by Bill Chapman and seconded by Ken Mauk to recommend to the City Council , approval of the final plat for Quail Hollow. Motion carried 7-0 . ITEM NO. 4 - CONSIDER PLAT APPROVAL OF SPRING CREEK PARK - Chairman Crane explained that this is an ETJ review since the property lies outside the city limits of the City of Wylie . Any piece of property to be subdivided which lies within the extraterritorial jurisdiction of the City ( 1 mile radius) requires approval by the appropriate boards and commissions . Gus Pappas located the property on the map and explained that Texana Ltd . , the owners of the property have planned a multi-use development , 7 . 136 acres of which has been designated as Lot 1 for platting purposes with the remainder designated as Lot 2 . Obviously, this will be replatted at some future date . This is to facilitate the installation of utilities to the site . With no further discussion, Chairman Crane asked for a motion. Bill Chapman made a motion to recommend approval to the City Council . Brian Chaney seconded the motion . Motion carried 7-0 . ITEM NO. 5 - CONDUCT PUBLIC HEARING ON THE ZONING OF 56 ACRES ON FM 1378 - Chairman Crane asked City Manager Pappas to locate the property on the map . This property is described as 56 . 287 acres out of the James McUlmurry Survey , Abstract 629 and is located on FM 1378 north of the Birmingham Trust Land . The request is for MF (multi-family) and R (retail) . The public hearing was opened by Chairman Crane . With no comment from the floor , the public hearing was closed and the item returned to the table for discussion . Bill Chapman asked if the city staff feels this would be beneficial to the growth of the city . Gus Pappas stated that it is appropriate for the Planning & Zoning Commission to determine the zoning that is in the highest and best interest of the City . Several questions asked about the future development of the property to the East . Mr . Pappas explained that the Wylie ETJ line runs along the east boundary of this property and therefore , the property east of that line is not a part of our projected land use . After much discussion , a motion was made by Bill Chapman to recommend to the City Council denial of this zoning request . Motion seconded by John Hamilton . Motion carried 5-2 . ITEM NO. 6 - CONDUCT PUBLIC HEARING ON THE ZONING OF 40 ACRES ON FM 1378 - This property is described as 40. 129 acres out of the James McUlmurry Survey, Abstract 629 , located on the east side of FM 1378 , north of the Birmingham 2 Trust land . Chairman Crane declared the public hearing open . Carl Holder , a member of the audience , asked which specific tract of land was now being discussed . The tract was identified on the map . With no further discussion from the floor , the public hearing was closed and the item returned to the table for discussion and comment . A motion was made by Bill Chapman to table this item until later in the agenda . Motion seconded by Don Montgomery . Motion carried 7-0 . ITEM NO. 7 - CONDUCT PUBLIC HEARING ON THE ZONING OF 71 .38 ACRES ON FM 1378 - This property is described as 71 . 38 acres out of the James McUlmurry Survey , Abstract 629 , located on the east side of FM 1378 , north of the Birmingham Trust Land . The public hearing was opened by Chairman Crane . With no discussion or questions from the floor , the public hearing was closed . After brief discussion , a motion was made by Brian Chaney to recommend denial of this petition to the City Council . Motion seconded by Ben Scholz . Motion carried 7-0. ITEM NO. 8 - CONDUCT PUBLIC HEARING ON THE ZONING OF 30 ACRES ON FM 1378 - This property is described as 30 acres out of the G. W. Gunnell Survey , Abstract 351 , located on the west side of FM 1378 . Gus Pappas , City Manager stated that the petitioner had requested that this item be taken off further notice . ITEM NO. 9 CONDUCT PUBLIC HEARING ON THE ZONING OF 658 ACRES KNOW AS THE BIRMINGHAM LAND - This property is escri as 658.80 acres commonly referred to as the A e • mingham Land" . City Manager Pappas , aided by a concept drawing , provided by the petitioner explained the various zonings requested . He stated that the staff had reviewed the request and recommended approval of the petition . The public hearing was opened by Chairman Crane who called upon Dan Sefco of J . T. Dunkin & Associates , who represented the owners . Mr . Sefco stated they are working with the Soil Conservation Board out of Waco for the development and preservation of the soil conservation lake located on the property. He further stated the developers ' desire is to dedicate the park area to the City and have it maintained as a passive use park with perhaps jogging trails , bike trails and a small fishing pier . Mr . Sefco stated that 37 .8% of the property is in single family zoning , 12% of total area is multi-family . There will be approximately 1000 single family units on the tract with 84.9 acres in the park area. With no further questions from the floor , the public hearing was closed and the item returned to the table for discussion . In answer to a question from John Hamilton , Dan Sefco stated that the project would take from 2-7 years for completion , depending on the demand , with a single family unit population of 2500 and an additional 2500 population in the multi-family units . Gus Pappas stated that the City 3 had estimated that the total population , at build-out of this tract would be about 9000 . Kent Crane expressed a concern about the B-2 zoning surrounding the park . Discussion on this point ensued with the concensus being that a portion of the area (see attached zoning map ) be designated retail . With no further discussion , a motion was made by Bill Chapman , seconded by John Hamilton , to recommend approval of the zoning petition for 658 .80 acres known as the Birmingham Land as submitted with the following change , that a portion , as marked on the attached zoning map , be designated retail . Motion carried 7-0 . ITEM NO. 10 - CONDUCT PUBLIC HEARING ON THE RE-ZONING OF A TRACT OUT OF RUSTIC OAKS TO B-2 - At the request of Chairman Kent Crane , Gus Pappas , City Manager pointed the property out on the map and stated that the petitioner had asked that the property be zoned B-1 rather than B-2 as stated in his petition because the use he desired is covered under that zoning designation . The public hearing was opened by Chairman Crane . Jim Lemming of Murry Homes asked if this zoning would allow for a carwash. Answer : yes . Mr . Lemming then stated that Murry homes would request that this property retain it ' s retail zoning . Mr . Jerry Smith , an adjacent property owner , also requested that the zoning be retained as retail . With no further questions or comments from the floor , the public hearing was closed and the item returned to the table for discussion. A motion was made by Don Montgomery and seconded by Ben Scholz to recommend to the City Council that this petition for re-zoning be denied . Motion carried 7-0 . ITEM NO. 11 - CONDUCT PUBLIC HEARING ON THE RE-ZONING OF LOT IN RUSTIC OAKS - At the request of Chairman Crane , City Manager Pappas located the property in question on the map . Mr . Pappas further stated that the City staff would recommend that the zoning be denied because the City is working with the State and the property owners to soften the curve on Brown Street at this point and there would not be enough room left for the use desired . He also pointed out that a carwash is a high traffic use and could constitute a potential danger at this particular point . The public hearing was opened by Chairman Crane . Jerry Smith , an adjacent property owner stated that he was in agreement with the staff . With no further discussion from the floor , the public hearing was closed and the item returned to the table for discussion. A motion was made by Ken Mauk, seconded by Bill Chapman to recommend to the City Council denial of this petition for re-zoning . Motion carried 7-0. ITEM NO. - 12 - CONDUCT PUBLIC HEARING ON THE REZONING OF 34 ACRES ON BROWN STREET - This item was pulled from the agenda at the request of the petitioner . 4 (i7/57442N ITEM NO. 13 - CONDUCT PUBLIC HEARING ON THE ANNEXATION OF 128 . 12 ACRES IN THE MUDDY CREEK AREA - This property is described as 128 . 12 acres out of the J . Mitchell Survey , Abstract 589 , located in the Muddy Creek Area . The public hearing was opened by Chairman Crane . With no questions or comments from the floor the public hearing was closed and the item returned to the table for discussion . Bill Chapman made a motion to recommend to the City Council approval of the annexation petition for 128 . 12 acres out of the J . Mitchell Survey , Abstract 589 -owner R . V. Thurmond . Motion carried 7-0 . ITEM NO. 6 - CONDUCT PUBLIC HEARING ON THE ZONING OF 40. 129 ACRES ON FM 1378 - This property is described as 40. 129 acres out of the James McUlmurry Survey , Abstract 629 located on the east side of FM 1378 . The public hearing having been held earlier in the agenda , the item was discussed by the commission . A motion was made by Ben Scholz and seconded by Brian Chaney to recommend to the City Council denial of this zoning petition . Motion carried 7-0 . ITEM NO. 14 - ADJOURNMENT - Meeting was adjourned by Chairman Crane . /4 Kent Crane, Chairman 5 r.i� CITY COUNCIL MEETING MINUTES AUGUST 13 , 1985 7 :00 P. M. The Wylie City Council met in regular session on Tuesday , August 13 , 1985 at 7 :00 P . M. in the work room of the new Rita and Truett Smith Library . A quorum was present and notice of the meeting had been posted for the time and in the manner required by law. Those present were Mayor John W. Akin , Mayor Pro Tem Don Hughes , Councilmen Percy Simmons , Randall Gaston , Harold Spence , William Martin, and Joe Fulgham , City Manager Gus Pappas , City Secretary Carolyn Jones , Code Enforcement Officer Roy Faires , Public Works Director Bill Windham and citizens of Wylie . Mayor Akin called the meeting to order and Councilman Martin gave the invocation. APPROVAL OF MINUTES : There being no corrections or additions to the minutes, a motion was made by Mayor Pro Tem Hughes to approve , seconded by Councilman Simmons . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor. APPOINTMENT TO FILL VACANCY ON PLANNING AND ZONING COMMISSION: Chairman Kent Crane of this board has sent in a recommendation of a Mr . Joe Strigle. After some discussion , the council decided to table until the next meeting . Motion to table was made by Councilman Fulgham, seconded by Councilman Gaston . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor, Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . APPOINTMENT ONE MEMBER AND ONE ALTERNATE MEMBER TO ZONING BOARD OF ADJUSTMENTS: After some discussion, a motion was made by Councilman Spence to appoint N . C. Jefferies as a member of this board . Seconded by Mayor Pro Tem Hughes . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor, Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in favor . 13Q Motino was made by Councilman Gaston to appoint Wanda Graff as an alternate member to this board . Seconded by Councilman Martin . The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in f a y_o r-:— - ' ' HE ZONING FOR 658.80 ACRES OUT OF THE D . WILLIAMS SURVEY ABSTRACT NO. 1021 : This property is 1 M 1378 and FM 3412 and is commonly known as the Birmingham Land Trust property . This property has been requested for zoning as follows: Single Family Attached - SF-A 63. 2 Acres Business One - B-1 33. 8 Acres Retail - R 83. 1 Acres Single Family 2 - SF-2 151 . 4 Acres Single Family 1 - SF-1 92 . 7 Acres Business 2 - B-2 53. 7 Acres Single Family 3 - SF-3 51 .9 Acres Multi-Family - MF 27 . 9 Acres Two Family - 2F 16 . 2 Acres S .U. P . Park 84. 9 Acres Dan Sefco made a presentation on the above zoning and indicated the park area would be for jogging , bike paths , fishing piers and picnic areas. Mayor Akin opened the public hearing , there being no questions or opposition , the public hearing was closed . City Manager Gus Pappas pointed out to Mr . Sefco that Park Blvd . should line up with what is the proposed county thoroughfare road and not line up with Lake Ranch Road . ROVAL OF ZONING iRDINANCE FOR THE TRACK KNOWN AS "THE IRMINGHAM TRU AND" : The Planning and Zoning Commission reea*�d phis petition and recommend to the City Council by vote of 7-0. Motion was made by Councilman Gaston to app and sign zoning ordinance for the above zoning. Seconded by Councilman Martin. The vote was as follows : Mayor Akin - in favor , Mayor Pro Tem Hughes - in favor , Councilman Simmons - in favor , Councilman Gaston - in favor , Councilman Fulgham - in favor , Councilman Spence - in favor , and Councilman Martin - in favor . This motion carried with all in fa ROVAL OF ANNEXATION ORDINANCE 40. 129 ACRES OUT OF THE JAMES MCULMURRY SURVEY , ABSTRACT 629: This property is located on the east side of FM 1378 and north of the Birmingham land . Motion was made by Mayor Pro Tem Hughes to approve and sign annexation ordinance . Seconded by I f ii,„ t.,......94: .iffi 4 I. A ilf ,„ ie ict ; ji / :''‘. • ‘1,„,(01- „,.,' /" ,i;,,,,,, • 4, gkirfe '4 . ..ii4N a leet'-*E-714z.:It 1 XI liti. 4111141111.-4 I I ,i, ii/j A °/if re /10,0i_f fic . (N, , .--Air. .„. - i .,11116 .I ..........., -0 , 0 , �1{�'',1q! Conceptual Park Plan ¢t . \ k IS' _ _ r.. 4*_ 4)A ',7414Unt. �, R �"""' BIRMINGHAM FARMS --, •_a. „ „ �111'` W Y L I E, TEXAS Y- Z1' 62, III fe.,,.,,,,t,„,.„ w,,,...,- __. 1. jj: lik5 I ''''4%. n .. , r 1 VO ,T, il :, 71—r-1.1-1 ref; ,_N ! L. J.T.DUNKIN A ASSOCIATES.INC. 1 1 1 ^TTr • vi ' v7 btF,R11Mkti_i_1.,__,_L_L_I_I_I...1_ 1...i.)-( iuil I d iF' Jr- • - _ �� 1 4r� ] =`Lit-a :1� 8-1 J� �� 1-� -I ,...A.. y<^�' LI rJLJ. -, //';;� 'Tr,T-rT r r. I I ,A, -+.44++.1 r -1 1 ti°1J-uJ.1.-1 1is- *-- /1 at y,\/ ,l,t)ci_\ Fr„--r-, . i. .1 1 1-1 , nr-1(- 1 7,"i -N _ r. i 1 i-t�r_11-31- -1C -I1 . --- 4 - 1 NN& ,t-ts_)C- fit ' ` .� -a t�.F ��% I / \ i i —21aLl 11'164-.1_.1..._Lrl-ri tAl--1 tarf1-Irr-,4,...",,--)4,/-1-:74,71:74/-4-7:, ---,-7.-, 2`,..;1_.___._14E. - - _ ---=-' r.„,,,r,„..„,.._. lI� / II, II T �� ' � 11 ,, . � l ,,.s A,._ � — T ? � r rr T °7 \ / 8-2 11-7 i/ /7 "''i/�'�y�, * r�' +T'r 4*r >i :'ji / 4 f„ y 1 j t l L 1 )' � -- — -- , __II-MP/PARK //1-1--i-L,..-NL-' ' _7 g - 411: li _i i,-A. \\ ' / ( 11 tttittE --1-J1- -,:Xc \,-Y,' lh • �-- , r �T� x �,;, , �� < 1; BIRMINGHAM FARMS I y L. �/ I I .- ›)-< `' \-1, t WYLIE, TEXAS f I k'` Yy A yl...< IlIF , , T r r� 658.8 Acres �_ - ,�7 Aa � ,Y,�` \ ,lam-orcri41. �. (1Y R lij 7.II As. I ,12.0 A� =-- ,ei L.. � . I; �i_.I.. �"2. _� _ _i -- 141$ / / J.T.DUNKIN&AfIOCIATtf.INC. u..r w......•unra.w"K''...""" —u iw Summary of Zoning Districts Tract Use Acres 1 SF-A 22.9 2 B-1 14.8 3 R 9.5 4 SF-2 88.4 6 SF- 1 22.3 • 6 SF- 1 70.4 7 R 8.6 8 B-2 53.7 9 S.U.P. Park 84.9 10 SF-A 13. 1 11 B- 1 19.0 12 R 11 .5 13 R , * 12.2 14 SF-A 16.4 15 R 7. 1 16 SF-3 51 .9 17 SF-2 63.0 18 SF-A 10.8 19 MF 12.2 20 R 11 . 1 1 21 R 12.0 22 2F 16.2 23 MF 15.7 24 R 7.6 25 R 3.5 1. { 1 Site ----1 CO ri ..... LL F.M. 544 (&„. �..� , Pr /Ai ---___ St. Louis Southwestern • Sa��� � Wy • lie "At ..- —HI IS�ti0 � LOCATION MAP MEMORAN %] UM DATE: July 24, 1987 TO: City Council, City of Wylie FROM: Roy Faires, Code Enforcement Officer 0- 1 SUBJECT: Results of the Kinsington Manor Street Light Poll Sixty five letters were sent out to all residents of Kinsington Manor. Twenty Two letters were returned, fifteen were in favor of the street lights and seven were against. Also included in the letters returned was a petition signed by twenty one residents on Windsor Drive. These residents were against a street light being placed on Windsor Drive. Of these twenty one names and addresses, eight were also included in the letters returned. MEMORANDUM DATE: ,'� u I(L z4 l TO: James Johnson, Interim City Manager 4.1-' FROM: Ron Homeyer, Asst. City Engineer 7- SUBJECT: Plat and/or Plans Approval 6 .4/ t 4--1__ c !.4- PP 1- M . 4K/N ELEA . 7 4c7-) The material attached is approved by the Engineering Department as being complete and acceptable for placement on the next appropriate agenda. ❑ Preliminary Flat to Planning and Zoning ❑ Preliminary Flat to City Council OFinal Flat to Planning and Zoning ❑ Final Flat to City Council ❑ Construction Plans to City Council for construction approval only Final Flat to City Council for subdivision acceptance along with final inspection statement COMMENTS: L,P7 -37;9 770fki !s%,FIC7 `f£5 1/41vt Alo1 RH/am cc: Public Works Director Code Enforcement Officer Subdivision File .. Chronological File MEMORANDUM DATE: .�I �( Pi- _c TO: James Johnso FROM: , Interim City Manager Ron Homeyer, Asst. CityEn. SUBJECT, Plat and/or Plans Approval 9ineer 't' ..�� �r', Nj, AkIN ELF4 material attached Thearmatet as beat is approved by the Engineering the next appropriate complete and acceptable for placement on PPropriate agenda. DF•reiiminary Flat to Planning and Zoning_ ❑ Preliminary Flat to City Council ❑ Final Flat to Planning and Zoning_ ❑Final Flat to City Council ° Constriction Flans. to City Council for construction approval only leFinal Plat to Cityr' Council for subdivision acceptance along with final inspec tion statement COMMENTS:• f �c RH/am a cc: Public Works Director Code Enforcement Officer Subdivision File Chronological File /0921 �4 •.s ,41, ' .rA777r7- .. mew-•. :` . } CITY OF W YL,IIC • '108 S.JACKSON Stili7M P.O.BOX 428 WYLIE,TEXAS 75098 (214)442-2236 July 23. 1987 Mr. Don Wnitt Wylie Independent School District 1001 S. Ballard Wylie. Texas 75098 RE: Quail Hollow. Phase II (P. M. Akin Elementary) Dear F r. lit~i tt2 I have been reviewing our file on the above reference project and 1 discovered that the sanitary sewer lift station district fees have not been pain. Please be advised that this fee is now due because hr. Harold : pence has requested final acceptance for the improvements associated with this project. The fee amount due is $4, 467. 76 `(4 units per acreimin. ) X 10. 154 acres X $110. 00 per unit) . Please forward the fee to the Engineering Department at your earliest convenience. If you have any questions, or if I can be of any assistance please feel free to call at 442-3564. Sincerely, e4,A Ron Homeyer, . E. I. T. Acting City Engineer cc: Mr. James Johnson, Interim City Manager Mr. Eddie Johnson, Eng. Tech. File • • i Lam` / _ _..`...f- _ i J Wit---- -�._ _�� • , ��rr.�o..-►�wM'"" "" --.__— I I +!' �,,1, `( / MIC:r 847 ~ - I L f• • . iii --.�""i;_- II -- ,y I Io Mf I. I ...-..........,,,,,...,,,..,../..----..,L_. __ Al _ tor ,4 k r • IOW/Agfa reznizarmil • ----_l _____L FR,QNC/SCJ" DE LA P/�1G�J SJflY£Y I col "`;� ;. � ' *WI '"'. �' 111 w� �w�+ 1 g , I • I • • it I I ' --e ...rrocrf �r ,,,wlrw,,oe,�•ao,cw I Cil .- . :. mow Oar 'e'M +�7s, LOT B •..., „� —_-r`_7'�`' ` "" i \ �M,r`• .u.•�„ ir'�11. 'gaa. . _----- _... -- - - _ _ _ _ -- - _ • ' I f i �� d Met.Pi,, -y t a <: I I O• •c rrw.r•rr *I rct a I 4.• T / t• 1 rr'•rr \�./ramor \ / t.�� r 11,Oa rr P. .1r i ft•Acrer/Jy T'.Y- ��7M[•/• ( r .r •;r..+..••r r .__ • `1 • _` \'� N7-••r.�.,,.+ter, •.r.I••.r~r....w♦�r rnr ..r -i \• �I tM r If i .....• _ n IM.1.•�I.ry. • • Os t 6 Afr-tlb/�'.lOQr 1/ /1 1A 'w •+.•I rrrrn•i.Ir Ir�� • • • 1 1 aft - �' �4�` o o I =.+".r.r �� �I.� -w"rr'�r / .o��` .fs !'.4f r.ty •+ir wr. J I _ • L 4 POINT Of r • -QgnZr ` 1 _ - tJ��;:vi.e4 rr r r eur A•�r wr Isot O.tc.c. 10:031Inlir ff.PRIMP' THASE II 2 I[•MObj P.ArM1.fd • :«•rr /7� .tfLl1Y ./O�j�IM�fL!' ..►�a•uL.rn N11' :� :� :la•QMVO .r n •/Awc/t..Or E I �.,'r :�..�,<." LC �S 1X�4/L HOLLOW ESTATES r»•.r•. ..� 7 LOT B '�°�•M ltOrs I•ao.,. e... • 0.10000 .44044.41V.now C •M70tlt lY / AA Aprsrp.ti N cY.. 'xi,.?ut �wr .•i.••• car. \� I•A'tll rw.,m _' •w'.rr Ar4rr•wfl•KfArr Ao . /iQ7wr�rro a of AMOVII• �y �• •r�M'•Mr • -�' ce•Mrrsf �fi-wtrirr.�rgo' LOT A ta.0 •I•�r/r.r '..r.rr � AO I.11J lM.l-yW,�ln• �• `�-. -� _ _' \-_� --�•.•L.r r _..r..r.r.. ' °'S'k1ie1— / --F W A. Ac.cE,V acw L. ..E'er Ar/A6' �...•... -"e i • „Al' r•..-...r •Jr^ybrb.00ar I Ilrw (� r , ' � ' ' _ CITY OF WYL {E ` � RECOMMEND ATION FOR APPR-OVAL AND "CCEPTANCE � OF SUBDIVISION CONSTRUCTION OR OTHER CONSTRUCTION ' / � Project Name and Location *'`� we Ito ---- - - } Date Started: »~� / � � �� /S7Date Completed: � /� �~� - � - �° ' . ' � , Lab and Other Tests: ' ^^ Streets: C� � Al ley�: - Water Lines: --- Sewer Lines: ' ~ Manholes: ^ ' - � Drainaqe: ~/ V --------' ----- Storm Sewer: � Fees Fa ------'----- -- ------_ . -_��'_�-- / Maintenance Bonos Fi led: ! ---------'--------------- ------ � We the under, � siqn r,--~...~.. "..e a t consruc� ion � which has beer, � requirements of the City of � � .=ubdivision Inspector, , slqn Date � ` City Engineer � S^q.. Date � � Accepted by City Council Date: �. 19____ Final Inspection Prior, to ( 1 ) year Date: 19____ � Siqned: Remart-.:s: Date of Notification 19___ � Person or Per-sons Notified ` / ' � i I gee7 is i , / /9ff7 APPROVAL OF PRELIMINARY PLAT FOR QUAIL HOLLOW PHASE II : The preliminary plat and the construction plans/final plat for Quail Hollow Phase II is being presented at the same time in order to allow the school district to draw a building permit for their proposed elementary school . The Engineering staff and the Planning and Zoning Commission have reviewed these plans and recommend them to Council for approval . Motion was made by Mayor Pro Tem Fulgham to approve the preliminary plat for Quail Hollow Phase II . Seconded by Councilman Martin. The vote was as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham - in favor , Councilman Westerhof - in favor, Councilman Martin - in favor , and Councilwoman Donovan - in favor . This motion carried with all in favor . APPROVAL OF CONSTRUCTION PLANS/FINAL PLAT FOR QUAIL HOLLOW PHASE II : Motion was made by Councilman Westerhof to fi approve the construction plans/final plat for Quail Hollow Phase II . Seconded byCouncilwoman Donovan. The vote was ` as follows : Mayor Trimble - in favor, Mayor Pro Tem Fulgham 4 - in favor, Councilman Westerhof - in favor , Councilman ra,F- Martin - in favor, and Councilwoman Donovan - in favor. This motion carried with all in favor . .//96 •ram R,�' •ii - - _ . .. CALL • .. •. TM • � - _ 4�, EMERGENtIf July 14, 1987 FIRE • POLICE • MEDICAL Mr. James Johnson City Manager City of Wylie 108 South Jackson Wylie, TX 75098 Dear Mr. Johnson: On Tuesday, March 24, 1987, GTE made a 9-1-1 presentation to the City of Wylie. Based on the information received during the presentation, it was determined this issue would be tabled for further consideration. I would again like your City to consider GTE's proposal for an Enhanced 9-1-1 Emergency Reporting System. Therefore, I am requesting this issue be brought forward on July 28, 1987, at the regularly scheduled Wylie City Council Meeting. I am enclosing our previous proposal for your consideration. If you have any questions regarding this request please contact me at 659-7692. Sincerely, James H. Cowman 9736 E9-1-1 Senior Sales Rep. Enc "Saves time — saves lives." INTERNATIONAL PLACE•LAS COUNAS•290 EAST CARPENTER FREEWAY• PO BOX 152013•IRVING, TEXAS 75015.2013•214/659-7927 tAll 9 1 T.M. .• EMEAGEh(Y March 18, 1987 Mr. Gus H. Pappas City Manager City of Wylie 108 South Jackson • Wylie, Texas 75098 Dear Mr. Pappas: I am pleased to forward to you for your consideration our proposal for the provision of enhanced 9-1-1 service for the city of Wylie. We are excited by the prospect of being able to provide the most technologically advanced system on the market today. The GTE 9-1-1 system features a premise based computer for the storage and retrieval of customer records, a fully redundant emergency answering switch which will provide a highly reliable communications link between the public, the PSAP, the police and fire call takers, and the dispatchers. The network supporting this equipment utilizes direct trunking from each end office to the PSAP to eliminate any single point of failure which could cause downtime to the whole system. Other features include: • Immediate display of the calling patty's phone number * Display of the calling party's address within two seconds after the call is answered * Called party hold * Forced disconnect * Emergency ringback * Transfer of voice connections to non-GTE PSAP locations * Single button transfer of voice and data to the call-takers/dispatchers * Single button operation for all the most commonly used Emergency Response functions 'Saves time — saves lives' INTERNATIONAL PLACE•LAS COLINAS•290 EAST CARPENTER FREEWAY• Pm BOX 152013•IRVING, TEXAS 75015-2013•214/659-7927 Mr. Gus Pappas March 18, 1987 Page 2 The PSAP equipment is provided on a two-tier, five-year lease arrangement; the "Level A" monthly charges continue for the first 60 months and the "level B" for as long as the system remains installed. Total initial price for the complete system will be $20,525.90, due on the "live cut" date. The Monthly recurring charges are estimated to be $3,190.45 for the first 60 months and $1,603.45/month thereafter. The system, as proposed, consists of the following elements: 1. A Hewlett-Packard 3000XE computer with 2MB of memory, 81MB of disc storage, 2 operator screens and 1 administrative terminal, and a 200CPS printer. This arrangement will provide for complete on-site storage of all Wylie customer records with nightly updates provided automatically from GTE. 2. A GEC Telpak Emergency Response System with 2 consoles, redundant processors, and one button operation for connection to other agencies, split, join, ringback, disconnect, etc. 3. Full 4 hour minimum battery backup for the Telpak. 4. 3 direct trunks from the Wylie central office and one trunk from the Rowlett central office to eliminate any single point of failure. The design of the system is, of course, an approximation; we have not had the opportunity of meeting with you Police and Fire Departments to precisely configure a system. In regards to your question concerning the number of offices serving Wylie, Almost all of the present City limits, as well as most of the ETJ areas are served by the Wylie office. A small portion of the current City limits as well as a large portion of the ETJ falls within the Rowlett office. I cannot identify from our tax records any Wylie customers currently served by the Rowlett office, I feel that there must be some now and will certainly be some should the city elect to expand their boundaries. I have therefore included a trunk line from the Rowlett office in this proposal. There are approximately 5500 customers served by the Wylie office. Of these, approximately 3900 are within the current city boundaries. These numbers are subject to change as boundaries get revised and the area experiences growth. Database costs are based on conversion of the whole office; it is not possible to convert just a portion. As regards the financing of the system, the city has the option of simply paying for it out of general revenue, or of imposing a small fee on each telephone subscriber, which would be collected by GTE in behalf of the City and remitted to you on a monthly basis. We charge a 2X service charge for this service. We estimate this fee to be in the range of $.80 Mr. Gus Pappas March 18, 1987 Page 3 to $.85 per line to cover the monthly cost of the system for the first five years, dropping to about $.41/line thereafter. In summary, GTE can provide Wylie with the most modern Emergency Response System available today and do it at a reasonable cost. I look forward to meeting with you and your staff at your earliest convenience. Please call me at 659-7616 if you have any questions. Sincerely, John C. Medaille att 3/17/87 CITY OF WYLIE ENHANCED 9-1-1 SYSTEM FIVE-YEAR CONTRACT NON- MONTHLY CHARGES RECURRING LEVEL A LEVEL B 1. Central office modifications 1 office x $2,000 $2,000.00 2. Class Screening To restrict non-Wylie calls 1 offices x $2,000 $2,000.00 6,000 x 57/10001 • $342.00 3. Data Base Development 6,000 Network Access Lines(NAL) x $2,500/1000 $15,000.00 6, 000 X $35/10001 • $210.00 4. GTE Circuits 3 9-1-1 trunks 2 Ringdown circuits Operator outdial lines $1,525. 90 $419. 70 5 . PSAP EQUIPMENT ANI system $854. 00 $207.50 ALI system $733. 00 $424. 25 TOTAL CHARGES $20,525. 90 $1587. 00 $1603.45 TOTAL MONTHLY FIRST 60 MONTHS $3, 190.45 per line $.81 TOTAL MONTHLY AFTER 60 MONTHS $1,603.45 per line $.41 1 . Adjusted annually to reflect actual number of lines. Budgetary rates good until June 17, 1987 17-Mar-87 CITY OF WYLIE PAGE 1 E911 CIRCUITS PSAP Name: WYLIE DISPATCH Serving C.O. : WYLIE MAIN Location: WYLIE, TX. Outdial & Mint. 3 Total 911 trunks 3 USSO No.: Local Channels 3 TSR No.: Local Miliage (qtrs) 3 DESCRIPTION GSEC NRC MRC 1. Voice Circuits A. E911 Trunks E911TREST $930.00 $135.00 B. IOC and Channel terminations # ckts 1 PINFL $0.00 $0.00 # qtrs 51 1LMFS $0.00 $102.00 D. Local channels • 1st quarter - • 1IMGY - • $261:90 $21.I Additional Quarters '1LMGY $0.00 $21.60 2. Data Circuits - from # ckts • 0 List peripherals to # qtrs - 0 A. Local chan. 1st qtr 1LMDY $0.00 $0.00 Additional qtrs 1LMDY $0.00 $0.00 3. Ringdown Circuits Type 1 from: Police Dept PSAP # ckts 2 to: DISPATCH, TTY qtrs(ft.) 0 $15.00 $4.80 $0.00 $0.00 Line Connection LC $40.00 Wiring Charge WC $102.00 4. Operator Outdial and Maintenance lines (B1 Circuits) A. B1 Band 1 B1C0 $66.45 B. EAS Band 4 B1EAS8 $68.85 C. Service Charges Line Connection LC $60.00 Wiring Charge WC $76.50 5. Miscellaneous Service Charges A. Primary Service Order PSOC $31.50 B. Premise Visit PV $9.00 TOTAL CIRCUIT CHARGES $1,525.90 $419.70 17-Mar-87 CITY OF WYLIE PSAP EQUIPMENT PAGE 2 PSAP LOCATION WYLIE DATE 17-Mar-87 03:22 PM CHECK ENTER SYSTEM (1,2, OR 3) 1 16 ENTER SYSTEM (1 0R 2 1 ENTER ADD'L DISC 0 ENTER NO. OF CONSOLE 2 ENTER NO. OF CRTs 3 -3 ENTER I/C TRUNKS 3 ENTER NO. OF 200CPS PRTa 1 -1 ENTER ERA TRUNKS 2 ENTER NO. OF INKJETB 0 0 ENTER RECORDER-ANNOU 0 ENTER NO. OF TELLABS 0 0 ADD'L PANELS 0 ENTER NO. OF PL MODEMS 0 7D QUICK CONNECT? 0 AT&T I/F? 0 0 +CRT ATTACHED PRTS 0 NO. OF PORTS 6 6 3 YEAR 5 YEAR DESCRIPTION LEVEL A LEVEL B LEVEL A LEVEL B ALI SYSTEM CPU $615.00 $350.00 $400.00 $350.00 ADDITIONAL DISC $0.00 $0.00 $0.00 $0.00 ADDITIONAL ATPB . • $0.00 $0.00 $0.00 $0.00 CRTs (1ST 8) $90.00 $24.00 $60.00 $24.00 CRTs (>8) $0.00 $0.00 $0.00 $0.00 CARTRIDGE TAPE $0.00 $0.00 $0.00 - $0.00 1ST 200CPS PRINTER $65.00 $40.00 $41.00 $40.00 ADD'L 200 CPS PRINTERS $0.00 $0.00 $0.00 $0.00 INKJET PRINTERS $0.00 $0.00 $0.00 $0.00 PRINTER CABLE $2.55 $0.25 $2.00 $0.25 DIAL-UP MODEM $22.00 $5.00 $15.00 $5.00 PRIVATE LINE MODEMS $0.00 $0.00 $0.00 $0.00 TELEMDN TYPE-AHEAD BUFFERS $55.00 $5.00 $40.00 $5.00 AT&T INTERFACE $0.00 $0.00 $0.00 $0.00 ALI SOFTWARE $205.00 $0.00 $175.00 $0.00 TELLABS SCU $0.00 $0.00 $0.00 $0.00 TOTAL H/P SYSTEM $1,054.55 $424.25 $733.00 $424.25 ANI SYSTEM BASIC SYSTEM $1,100.00 $145.00 $745.00 $145.00 EXPANSION CABINETS/BAYS $0.00 $0.00 $0.00 $0.00 I/C TRUNK CARD $60.00 $30.00 $45.00 $30.00 I/C TRUNK PANEL $0.00 $0.00 $0.00 $0.00 ERA TRUNK CARD $20.00 $10.00 $10.00 $10.00 ERA TRUNK PANEL $0.00 $0.00 $0.00 $0.00 MATRIX EXPANSIONS $0.00 $0.00 $0.00 $0.00 ANI EXPANSION $0.00 $0.00 $0.00 $0.00 QUICK CONNECT S/W, 7D $0.00 $0.00 $0.00 $0.00 BAY MOUNTED PANEL $0.00 $0.00 $0.00 $0.00 PRINTER AND CABLE $18.05 $1.50 $13.00 $1.50 BATTERY BACKUP $61.00 $21.00 $41.00 $21.00 RECORDER ANNOUNCER $0.00 $0.00 $0.00 $0.00 == TOTAL GEC TELPAK $1,259.05 $207.50 $854.00 $207.50 TOTAL EQUIPMENT $2,313.60 $631.75 $1,587.00 $631.75 I TO: MAYOR AND COUNCILMEMBERS FROM: JAMES JOHNSON, ACTING CITY MANAGER RE: ITEM #25 DATE: JULY 24, 1987 I am placing this item on the agenda as the city is beginning to realize a cash flow shortage as the budget year enters it' s last quarter. I hope to minimize the expected deficit in both the Utility and General Fund as much as possible. However, it is apparent that the city needs to establish a line of credit and borrow money as reqired to meet our payroll and payable demands, as our revenue curve in the General Fund continues to decline for this year. I would anticipate borrowing only what is needed and will keep the Council apprised of the amount of the monies borrowed and when. I also anticipate that it will be into the next budget year before we can repay this amount, which means we will start the new budget from a negative cash position. Financial reports for period 09 (June 30, 1987) have been sent to you in your mail packet.