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07-08-2014 (City Council) Agenda Packet Wylie City Council CI TYO ' WY NOTICE OF MEETING Regular Meeting Agenda July 8, 2014— 6:00 pm Wylie Municipal Complex Council Chambers/Council Conference Room 300 Country Club Road, Building #100 Eric Hogue Mayor Keith Stephens Mayor Pro Tern Nathan Scott Place 2 Todd Wintters Place 3 Bennie Jones Place 4 William Whitney Ill Place 5 David Dahl Place 6 Mindy Manson City Manager Richard Abernathy City Attorney Carole Ehrlich City Secretary In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wvlietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas. ov. The Mayor and City Council request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum. INVOCATION & PLEDGE OF ALLEGIANCE PRESENTATIONS • Wylie Acting Group for Children (Tiffany Harrod) CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. July 8,2014 Wylie City Council Regular Meeting Agenda Page 2 of 3 CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the June 24, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) B. Consider, and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of May 31, 2014. (S. Satterwhite, WEDC Director) C. Consider, and act upon, approval of a Final Plat creating 77 single family residential lots and 2 open space lots on 25.608 acres for the Braddock Place Phase 4 Subdivision, generally located west of FM 544 and south of Elm Drive. (R. 011ie, Planning & Zoning Director) REGULAR AGENDA PUBLIC HEARING 1. Hold a Public Hearing, and consider, and act upon, a change in zoning from Agricultural-30 (AG/30) to Planned Development-Mixed Use (PD-MU), to allow for residential uses of varied densities, and medical facilities on approximately 62 acres, generally located west of E. Stone Road and approximately 1,600 feet south of Brown Street. ZC 2014-02 (R. 011ie, Planning & Zoning Director) Executive Summary The applicant is requesting to establish permanent zoning on approximately 62 acres of land recently annexed into the city. The subject property shall be developed in accordance with attached planned development conditions to accommodate a combination of uses including, but not limited to assisted living, medical complexes, and single family dwelling of varied densities. 2. Consider, and act upon, the approval of a contract between Sid Henderson and the City of Wylie, not to exceed $41,320, to commission the final art design for the Public Safety Building art project. (C. Ehrlich, PAAB Liaison) Executive Summary The Public Art Advisory Board met in.June to discuss and recommend a final art design and budget from the Public Art Fund to commission a sculpture for the Public Safety building. PAAB created a committee including board members Anne Hiney, Gaynell Reed, Lisa Green, and staff members Police Chief John Duscio and Fire Chief Randy Corbin to oversee the submissions and design of the art project. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter, Article III, Section 13-D. WORK SESSION • Discuss and provide direction regarding a proposed city-initiated rezoning of land generally located in the 1300 block of Country Club, based on the request submitted during Citizen Participation on June 24th, 2014. (M. Manson, City Manager) July 8,2014 Wylie City Council Regular Meeting Agenda Page 3 of 3 ADJOURNMENT If during the course of the meeting covered by this notice, the City Council should determine that a closed or executive meeting or session of the City Council or a consultation with the attorney for the City should be held or is required,then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code§551.001 et. seq.,will be held by the City Council at the date,hour and place given in this notice as the City Council may conveniently meet in such closed or executive meeting or session or consult with the attomey for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sanctions and purposes: CERTIFICATION 1 certify that this Notice of Meeting was posted on this 4`" day of July, 2014 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wvlietexas,gov. Carole Ehrlich,City Secretary Date Notice Removed Wylie City Council CITY-cif WV-LIE Minutes Special Called Meeting Agenda Joint Work Session City of Sachse and City of Wylie June 12, 2014— 6:30 pm City of Sachse Public Safety Building — Emergency Operations Center Room 3815 D Sachse Road, Sachse, Texas 75048 CALL TO ORDER Announce the presence of a Quorum. Mayor Mike Felix called the Sachse City Council meeting to order at 6;34 p.m. with the following council members present: Mayor pro tem Jeff Bickerstaff, Councilman Bill, Adams, Councilman Charles Ross, Councilman Brett Franks, Councilman Paul Watkins, and Councilman Cullen King. Mayor Eric Hogue called the Wylie City Council meeting to order at 6:35 p.m. with the following council members present: Mayor pro tem Keith Stephens, Councilman William Whitney III, Councilman Todd Wintters, Councilman David Dahl, and Councilman Nathan Scott. Councilman Bennie Jones was absent. Staff members present included: Sachse City Manager Billy George, Sachse City Secretary Terry Smith, Wylie City Manager Mindy Manson, Wylie City Secretary Carole Ehrlich and several city support staff. WORK SESSION • Presentation from the North Central Texas Council of Governments and discussion regarding the Blacklands Corridor Feasibility Study and anticipated recommended projects (new transportation facility along or near the Northeast Texas Rural Rail Transportation District right-of-way from IH 30 in Hunt County to the President George Bush Turnpike in Dallas County.) Presentation Tom Shelton, Senior Program Manager for The North Central Texas Council of Governments introduced staff members assisting him in the presentation, Chad McKeown and Elizabeth Whitaker. Minutes June 12, 2014 Special Called Meeting Agenda Joint Work Session City of Sachse and City of Wylie Page 1 The presentation included an overview of the scope of the feasibility study. They included: • Transportation needs presently and in the future, • Evaluate multimodal alternatives for transportation needs • Involve the public, detailed information Shelton stated it would not include: • Detailed information on impacts of alternatives • Specific alignments for proposed transportation improvements The proposed corridor would extend from IH 30 in Greenville to the George Bush Turnpike near Sachse/Rowlett. The corridor would run approximately 28 — 30 miles. Shelton noted that current need was more prevalent in the western portion of the corridor. He assured those present that alternatives for the corridor would not include the use of SH 78. Shelton reported that Texas Turnpike Corporation/Public Werks was coordinating with TxDOT to propose construction of the corridor. TCC/Public Werks must complete an environmental document consistent with National Environmental Policy guidelines which includes pubic involvement and acceptance, local government support, inventories identified issues and mitigate impacts. The feasibility study is scheduled to complete sometime in December of 2014. Mr. Shelton assured City Officials that North Central Texas Council of Governments would stay very active in overseeing the processes at all stages. ADJOURNMENT Mayor Mike Felix adjourned the Sachse City Council and Mayor Eric Hogue adjourned the Wylie City Council at 8:00 p.m. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes June 12, 2014 Special Called Meeting Agenda Joint Work Session City of Sachse and City of Wylie Page 2 Wylie City Council CITYCl OF WYLIE Minutes Wylie City Council Meeting Tuesday, June 24, 2014- 6:00 p.m. Wylie Municipal Complex - Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Mayor Eric Hogue called the meeting to order at 6:05 p.m. City Secretary Carole Ehrlich took roll call with the following City Council members present: Mayor pro tem Keith Stephens, Councilman Nathan Scott, Councilman William Whitney III, Councilman Todd Wintters, Councilman Bennie Jones, and Councilman David Dahl. Staff present were: City Manager, Mindy Manson; Assistant City Manager, Jeff Butters; Police Chief, John Duscio; Planning Director, Renae' 011ie; City Secretary, Carole Ehrlich; PIO, Craig Kelly, and various support staff. INVOCATION & PLEDGE OF ALLEGIANCE Warner Washington gave the invocation and City Secretary Ehrlich led the Pledge of Allegiance. PRESENTATIONS • Wylie Way-4tn 9 Weeks -Liliahna Lusk Mayor Hogue presented a medallion to Liliahna Lusk for being designated as the Wylie Way for Smith Elementary campus. • Proclamation designating July as Parks and Recreation Month in the City of Wylie Recreation Superintendent Rob Diaz, Parks Manager Shohn Rogers, and Parks and Recreation staff were presented a proclamation designating July as Parks and Recreation Month in the City of Wylie. • Employee Anniversary Presentation (5 Employees) Mayor Hogue and City Manager Mindy Manson presented gifts of appreciation to City employees celebrating milestones in their service to the City. Recipients included: Minutes June 24, 2014 Wylie City Council Page 1 Billy Bradshaw, Firefighter/Paramedic— 10 years Earnest Tebay, School Crossing Guard — 10 years James Brown, Fire Captain —20 years Scott Stowers, Police Lieutenant— 20 years • Presentation of Outgoing 2013-14 Boards and Commission Members Mayor Hogue and Mayor pro tern Stephens presented gifts of appreciation to outgoing board members. Mayor Hogue thanked each member for volunteering their time to serve on the various boards and commissions. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider, and act upon, approval of the Minutes of the June 10, 2014 Regular Meeting of the Wylie City Council. (C. Ehrlich, City Secretary) Council Action A motion was made by Mayor pro tern Stephens, seconded by Councilman Wintters to approve the June 10, 2014 minutes as presented. A vote was taken and the motion passed 7-0. OATHS OF OFFICE • Judge Terry Douglas to Administer Oaths of Office to 2014-15 Board & Commission Members Precinct Judge Terry Douglas administered the Oath of Office to newly appointed 2014-15 Board and Commission members. Members will take their positions on the various boards July 1, 2014. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Council regarding an item that is not listed on the Agenda. Residents must provide their name and address. Council requests that comments be limited to three (3) minutes. In addition, Council is not allowed to converse, deliberate or take action on any matter presented during citizen participation. James Feivor, residing at 1335 FM 1378, Wylie, TX, addressed Council requesting a zoning change to Agriculture (AG)for his and adjoining properties. Alexis Tapp, Bobby Heath, Bob Heath, Sr., Lynn Grimes, Jennifer Wakefield, and Susan Spurgin addressed Council requesting the Downtown Historic District be expanded west from Birmingham to Cottonville. CONSENT AGENDA CONTINUED All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. Minutes June 24, 2014 Wylie City Council Page 2 B. Consider, and place on file, the City of Wylie Monthly Revenue and Expenditure Report for May 31, 2014. (L. Bantz, Finance Director) C. Consider, and place on file, the City of Wylie Monthly Investment Report for May 31, 2014. (L. Bantz, Finance Director) D. Consider, and act upon, Ordinance No. 2014-22 annexing a certain 18.602 acres of land situated in the Francisco de la Pina Survey, Abstract No. 688, Collin County, Texas, being a part of those tracts of land described in deed to William W. Housewright recorded in Volume 953, page 537 (East Tract) and Volume 2808, Page 505, (West Tract) of the Deed Records, Collin County, Texas; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a severability clause; and providing for an effective date. 2014-03a (R. 011ie, Planning&Zoning Director) E. Consider, and act upon, Ordinance No. 2014-23 amending the Comprehensive Zoning Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on the hereinafter described property, Zoning Case Number 2014-03, amending Planned Development 2005-24, Section X Transition Zones; to create a Thirty Foot Common Area Landscape Buffer and amend the Minimum Lot Sizes of Seven (7) lots along the North Property Line of Braddock Place Phase 3. Providing for a penalty for the violation of this ordinance; providing for the repeal of all Ordinances in conflict; providing a severability clause; and providing for an effective date. ZC 2014-03 (R. 011ie, Planning&Zoning Director) Council Action A motion was made by Councilman Scott, seconded by Councilman Jones to approve the Consent Agenda Items, B-E, as presented. A vote was taken and the motion passed 7-0. READING OF ORDINANCES Title and caption approved by Council as required by Wylie City Charter;Article III, Section 13-D. City Secretary Ehrlich read the captions to Ordinance No.'s 2014-22 and 2014-23 into the official record. Mayor Hogue convened into the Work Session at 6:45 p.m. WORK SESSION • Discuss and provide direction regarding a possible amendment to the Code of Ordinances as it pertains to no smoking regulations. (M. Manson, City Manager) City Manager Manson addressed Council stating that during the May 13t", 2014 Council meeting, the Council approved an Ordinance prohibiting smoking on city and school property as well as prohibiting the use e-cigarettes by minors and the sale of e-cigarettes to minors. At that time, the Council asked for a work session to be scheduled to discuss other options regarding Minutes June 24, 2014 Wylie City Council Page 3 no smoking regulations particularly regarding restaurants. Questions were raised regarding the possibility of grandfathering existing restaurants. Initial research indicated that this was not an option; however, additional research is underway and an update will be provided. The University of Houston has an extensive database of all Texas cities and their associated regulations. Provided in this information were the names of cities, an identified protection level, population and so forth. Included in the database is a list of Collin County cities, Dallas County cities, all Texas cities sorted by population, and state-wide data. Based on that comparison data, it appears that Wylie is one of the least restrictive cities in Collin and Dallas counties. Council members discussed the pros and cons of adopting regulations to restrict smoking in restaurants and bars. No direction was given to move forward at this time with further amendments to the Code of Ordinances. RECONVENE INTO REGULAR SESSION Mayor Hogue reconvened into Regular Session at 7:28 p.m. ADJOURNMENT With no further business before the Wylie City Council, a motion was made by Councilman Scott, seconded by Councilman Jones to adjourn the meeting at 7:30 p.m. A vote was taken and the motion passed 7-0. Eric Hogue, Mayor ATTEST: Carole Ehrlich, City Secretary Minutes June 24, 2014 Wylie City Council Page 4 Wylie City Council • AGENDA REPORT Meeting Date: July 8, 2014 Item Number: B Department: WEDC (City Secretary's Use Only) Prepared By: Gerry Harris Account Code: Date Prepared: June 19, 2014 Budgeted Amount: Exhibits: 2 Subject Consider and place on file, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of May 31, 2014. Recommendation Motion to approve, the monthly Revenue and Expenditure Report for the Wylie Economic Development Corporation as of May 31, 2014. Discussion The Wylie Economic Development Corporation (WEDC) Board of Directors approved the attached financials on June 19, 2014. (Rev 01/2014) Page 1 of 1 - .1-2014 0,221 A24 CITY OF WYLLE PAIR; a BALANCE s TE.ET; AS Or: A1AY 3181,, 2014 111-NYLlE ECONOMIC BEVEL c?taPP ACCok)N.Tt TITLE ASSET 1900-10110 CLAIM ON CLIII AND »A:fit IQVI . 1:,99"t,24 ,11 IUt0-11 5 CASTE - WRDA" - IN11al 0,00 111l0-10135 ENW0017 BANK: - All ".0.00:... 1000.10180 r)EpCSITa 20000.00 1000-1,01913 LAMER „MSC: cLEAR3NG 0.09' 1000-1 341 T XiOoL 0.00 1t100-113343 LUc 11' t.00 1I300-104 1 INTEREST RECEIVABLE 0.00 000-I1511 Kerr REc i iSC 0.00 1010 11Sa"7 AccTs. REC T sALHS TAx 0,00 a 1C1C1-12610 LEASE PAYMENTs RECEIVABLE: 0.07 1000-12996 IIAl Pt IIICAE1LE: 112 665.06 10 0-L29'i ArACTS RSC: -J M TACO 0.00 1000-1299rt ACET I RErA SAVAEE 120,4 2.30 1009-141 1 INVENTORY - mATERIALA S,JPial.Y 0.00 000-14116 INVENTORY LAND « BUILI)1NU ,65'1 w I61.330 1)10-1411.E INVFNFORY - LiAyco/ sAN[7EN AL N) 0,00 1119 0-1 4 3 10 I"SEPAlO HXIEHSECs - NIISr 0.00 S900-14110 DEFERRED cHARGIES'' 8h1,554.00 6,+101,133.89 TOTAL ASSETS 1,401,733.89 7IA11I1IT'LEE 2000-20110 FEDERAL INClINE TAX BAYARLE 0.07 2000-20111 AErrreARE PA'YtLR'1.F: 0.00 21100-20112 cH LA StJIPORT PAYABLE 0.00 111I10-201.13 cYyR�.�EOIT UNYoN PAYAA7.E... 0.00 2000-20114 IRS LEVY PAYABLE 0.0Q E090-211115 NA'-INNIr1'S. 'I AFEARRAFs PIMP 0.00 2000-20116 HEALTH 1N,SER PAY-EMPLOYE( 1 220.87) 2.300-2811°7 1,M1A.a RAYABLE:: 0,00 211170-211.118 PITH IRA PAYABLE 0,0 A000-2011 9 w RKERS COMP 'PAYABLE 0.0E 2030-201 0 11(2 FAYART,: 0.00 2900 211121 TE.E PAYABLE 1.00 2000-20122 STUDENT LEAN LEVY PAYABLE 0.00 2000-20123 ALIMONY' PAYABLE 0.09 1)00-201 4 BANKRUPTCY PAYABLE 11«i111 2000-20125 VALIC DEFERRED comp 0,00 2000-2°126 AXHA PAYABLE 0.00 2000-20121 EMP, 1,,EGAL .AERVIces PAYABLE 0.00 2000-201 30 ELIX.IBLE SPENDING ACcO1LNT' S,9919.16; 2000-201 2 DAMP CARE ELITE 0.09 2000-2 01 5 1 ACC:PULl NAPS PAYABLE: 0.00 2010-201 0 APODIT Empi.oYAR INS11P PA?' 0.0) 2000-20199 NZSC` PAYROLL IRYA.BLE 0.09 2000-20201. AP PENDING{ 4,584.06 2000-20210 ACCOUNTS PAYROL.l: 0.00,.. 5-13-2014 7:21 AM CITY OF NYLIE PAGE; 2 BALANCE SHEET AS or: MAY 33ST, 2014 111-WEIJE ECONOMIC DEVEL CORP A:1 c1U 12'J TITLE I'LE 2000-20530 20000,1Y TAXES PAYAaLE 0.00 20014-3 11 5 1 0 N0i0$ PAYABLE 841,554.00 2000-2 08 10 ME 1O 1JMFR2L 12)217 01-00 :247£l41-222't11 DEFER:RED REVENUE 104,160.17 200I1-22235 D FEI3FE2 REV - LEASE PRINCIPAL 7.011 2000-22280 11E2`E2.R117 REVENUE - LEASE IET 0.00 200 -22915 RENTAT. DEPOSITS 4,350.00 0.0 TOTAL LIABILITIES 960,32 7.12 EQUITY 3000.1411D FUND EALANLl - RESERVED 0.00 3000-34590 FUND BALANCE-UNRCSEPV/UNOEEIG l r 059,0g9,A 2b:0101 BEGINNING EQUITY; 4,2a3.3331 82 "C't3T L E E U2 1,264,539.25 TOTAL EXPENSES 782,232,30 REVENUE OVER/SUNDER) EXPENSES 482,,106,9I T I?3L EQUITY & d'VERI1UNDER4 5441,406,77 TOTAL EIAE11LST£F1, EQUITY & OVER/(UNDER,. 60401,733.89 6-13-2014 07: 1 AM CITY 02 WYLTE PAtIE; 1; BALANCE SHEE". A. OF: MAY .5.16Te 2f01,4 922- EN LONG TETT1 NEAT (WEtX) AccnuaTt TTV 2 ASSETS 11)°o-1 312 C°°V1R\MENT MaTES0.00 1000-38110 LOAN - )ADC 0.00 1000-1 t120 LOAN = NIRMINGt1AM 0.00 }Q°-122 0 AM,', 31(2 ° E 1 fti`VIeE} 0.00 1000-18220 CTs7MTNC. (A31 LOAN 0.01 TOTAL ASSETS 0.00 Z,TAB LTTIE 2000-20310 COMPENSATED ABSENCES PAYABLE 47,819.80; 2O)2 20 T11 COMP ABSENCES PAYABLE-CURRENT 0.00 2000 21410 ACCRUED INTEREST PAYABLE 0,00 2000-2820., NOVC LOAN u, CURRENT '79,606.21 200C1-282 0 T 97NI022M 2C,20 0.00 2000-282 At) 1N+W OD LOAN 0.00 2000-28224 A04 LOAN - RANDAGK/HUGHES' 360,693.39' 2000-28235 AN€N3 80144 104,9i 9,79' 2000-282 6 ANS CONSTRUCTION LOAN 0,00 2000-22240 041 B ES LOAN 0,13) 2000-28750 01' ' CAE WYL'E LOAN 0.00 2 0 00-2 82610 PRIME 2OJT4 LOAN 0.00, 2000-282/0 3(c7WLANC7/ANDER:ON 10AN 0.00 000-28280 CAPITAL ONE c,1741) LOAN' 0.00 000-2 2 C1 NOB RT,41 MMERC E LOAN 150,980.$6 TOTAL LIABILITIES 84S.0 9.8 EQUITY 3000-34590 21121 $At1NCE-9NRESEFVJUNDESI T t 5,125,9"1,.15) TOTAL BEGINNING EQUITY. 1.,...�5,125,975.S 51:'.. 0) 9T, REVENUE NUE 0.00 TOTAL, EXPENSE ( 4,281,915.30) REVENUE 3202/(00855) EXPENSES 4,e 3,91a.I0 TOTAL EQUITY 6 OVER/(UNDER) 3 S44,059.851 TOTAL L1ABILITLE,S, Ee20.1TY S OVER/(-UNDTCR) 0,00 6-13-2014 07:22 r14 CITY OF WCLIE PANE 1; REVENUE AND EXPENSE REPORT - :UNAUDITED/' AS a: :TAT 1I: , 2011 1.11- 'i1,1E ECONOMIC DEVEI, CORP FINANCIAL SUIE1A,RY CURRENT CURRENT PRIOR YEAR Y-T_D I'-7'-D; I111ORET 6 O BUDGET PERIOD P7 ASi,7tIIJ CT'UM E71L°JMORANI,E SATILNCE SUS761LT REVENUE SUMMARY TAXES 1,856,033.0 2040,476.48 6x00 924,+141.58 0.60 931,1993.42 49.79 INTEREST IN/1471:61 44,624,00 1,915.66 0.00 76,969.89 0.00 177654.12 0S7.44; MISCELLANEOUS INCf1S*SR' 123,000.00 6,050.0l f0.00 74„11I1,00: 0,00 48,501.00 50,57 0111E11 FINANCING SOURCES; 410,280.17I1 91.01 9,D9 233, I2).7E, 0.00 _ 111,g52,22 59=26 IOTA REVENUES 2,433)939.00 2107,543.14 0,00 i,264,519.25 0,011 1,158,339,75 51.95 EXPENDITURE SIII4NllY DEVELOPMENT CORP-XE:DC 3065373S7.00 11 551.111 1,151.19 792,232.3V 7,9105.14 2,8637219.56 21.63 11951, EXPENDITURES 3,653, 67.00 10,860.81 I 1„194.161 782232.:30', 7,905.14 2,863,219.56 21,63 REVENUE OVER/(UNDER) EXPENDITURES 1 1,219,41 f1.0 1 116,61='2.53 1 1,194.191 4827 306.95 I':_ 77305.14) I 1 633,81 9.511) 38. I1- 6.13®2014 67.22 a'AMM CITY OF WYLIE TALE: 2 REVENUE AND EXPENSE REPORT - (t3NA330ITUD) AS OF: MAY 3IST, 201.1 111'^-WY CR ECONOMIC a VE., CORP NEVTNOE C URRE;NT C".511I:RFWT PRIOR YEAR: Y-T-U' v''7`-C7 BUDGET ET '« Or 8330CttT C3EEIC3fa: PO ADJUST. ACTUAL ENCUMBRANCE 38Y.ANCR BUDGET TAX ES 46061':615C3 REV IN LEI() CF TANES 6,t00 0,60 6,00" 0.63 7.06 0.00 0.00. (CO= -4t7216 SALES TAX 1,856,035.436 200,1`t6,43 0.6U3 9 4,041-58 0.66; 931,993,42 39,'7U1 TOTAL, TAXES 3,856,035,00 206,476.48 (LOU 924,641.58 0.00 931,993,42 49 7.9 INTEREST 131CO3EE 8 00-46656 CERTIFICATE OE DEPOSIT (LOU 0 66 (LOU 0 CO. 0.00 a,fC0 (LOU 4600-':63,16 ALLOCATED INTEREST EARN 1.Nr3S 1,000,0 26,331 0.06 2 5.6`2 1,66 714,33 22,51 4C3636®46140;TEXPOOL INTEREST Es 66 0.06 0.06' 0 00 0,Ct6 0.00 0.06` 4000-61<4:3;LOGIa. INTEREST 3.00' 0,OD 5.SO (LOU 0,30 LOU0 0,OS 4(00-46156 INTERSST EARNING' 35,8 9.66` 347.15 0.06' 21,6324.93 0.00 14,254,08 40.27' 4000-46160 LOAN REPAYMENT 113R1NEIPAL1 7,70,00 649.34 0.00; 5,119,90 0.66r 2,6,2C 10 66.11 4000-46210 BANNN MONEY MARKET INTEREST 0,C36 63,UCt {3.6!3 6.6G (L 'I LOUC 6.6{7 TC3TAL INTEREST I;LCOIN 44,62.4,00 1,016.86 3.430 226,965,89 0,00 70,654,11 60.44 NI°CC.EI,LANE[at3S INCOME 8 000=48l110 RENTAL INCOME 123,9300.00 6,040.00' I7.00 34 x 506,90 0.00 48,,500.. 00 60.51 1006-48910 (LOUVER? - PRIOR YEAR E P N 0.00; (LOU 3.00 (LOU 9,€70 0,60 0,0 4600-48410 MISCELLANEOUS INCOME 0.60' 0.00 6.6+9 0,CU 6.00 0,00 (LOU 400 -484:30 CAT Bt?.Cd53' SALE OF CAP ASSET (LOU o.9C3 C1,o27 a..00 1 00' 6.o T3.31 C TAt tATSC.r,I,LAN ROOS INCOME 123,000.00 6,050.00 0,00 74,SOO.00 0.00 48,500.66 CO.57 44633-49166 TRANSFER FROC,C GENERAL FUND (LOU' (LOU 0.00' C7.40 0.80 0.66 (LOU 4666-49;325'DANK NOTE PROCEEDS; 6.00; (LOU (3,330 6,00 3C.66 0,06 6,06 4D00-4955) LEASE PRT NCI PAL, PAYMENTS 09 91U,13I( 0 1,7Lon 0,033' 39,602).38 6,66 177 25 .22 58,26; TOTa3T, OTHER FINANCING SOURCES: 4104280,00 6.00 (LOU 219,627,e r.t.03 10,252.22 5e.26` TOTAL RY:',13CNUt 2,433,,939,11 2017,593.39 31.00 1,264,533'3,25 0.00 3,166,199.75 51.90 6-13-2014 07:22 AM CITY OF WYLIE PAGE: 3 REVENLE AND EXPENSE REPORT (UNAUDITED) AS.OF: MAY 31ST, 2014 111-WYLIE .ECONOMIC DEVEL CORP DEVELOPMENT CORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET -% OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE BALANCE .BUDGET PERSONNEL SERVICES 5611 51110 SALARIES 194,425.00 21,432.24 0 /In 120,939.27 0.00 73,485.73 62.20 5611-51130 OVERTIME 0.00. 0..00 0.00:. 0.00 0.00: 0.00 0.00. 5611-51140 LONGEVITY PAY 1,250.00 0.00 0.00 1,252.00 0.00 ( 2,00) 100.16 5611-51145 SICK LEAVE BUYBACK 0,00 0.00 0,00 0.00 0,00 0,00 0.00' 5611-51160 CERTIFICATION INCENTIVE 0.00. 0.00 0.00. 0..00 0.00 0.00 0.00'. 5611-S1170 PARAMEDIC INCENTIVE 0.00 0.00 0.00". 0.00 0.00 0.00 0.00 5611 51210 CAR ALLOWANCE 11,320.00. 1,306.17: 0.00. 7,370.54 0.00' 3,949.46 65.11 5611-51220 PHONE ALLOWANCE 3,924.00. 0.00 0.00` 3,093.00 0.30. 831„00. 78.82' 5611-51230 "CLOTHING ALLOWANCE 0,00 0.00 0.00 0.00 0.00 0.00 0.00 5611-51310 TMRS 26 906.00 2,992.30 0.00`: 17,109.32. 0.00 9,.796.69 63.59 5611 51410 HOSPITAL & LIFE INSURANCE: 25,263.00. 3,989.37 0.00 18,154.16 0.00- 7,108.84 71.86 5611-51415 EXECUTIVE HEALTH PLAN 0.00 0.00 0.00rr 0.00 0..00 0.00 0.00 5611 51420'LONG-TERM DISABILITY 1,094.00 84.20 ' 0,00- 378.90 0.00 715,10 34.63 5611-51440 FICA 12,676..00. 1,361.17 0,00". 6,372.18 0.00 6,303,82. 50.27. 5611-51450'MEDICARE 2,965,00 318.31 0.00 1,796.53 0.00 1,168.47 60.59 5611-51470 .WORKERS COMP PREMIUM 512.00. 0.00 0.00 504.29 0.00.. 7,71 98.49. 5611 51480 .UNEMPLOYMENT-COMP -(TWC) -630.00 0.00: 0.00 4.14,00- 0.00: 216.00 - 65e.71- TOTAL PERSONNEL SERVICES 280,965.00 31,403.86 0.00 177,384.19 0,00 103,580.81 63.13' SUPPLIES 5611 5201.0 OFFICE SUPPLIES 5,750.00. 340.84' 0.00- 1,710.92 179,98 3,859.10. '32.89" 5611-52040 .POSTAGE & FREIGHIT 980.00 76.63 0.00 260.78 0.00 719_22 26.61. 5611 52130 TOOLS/ EQUIP (NON-CAPITAL) 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-52810 FOOD SUPPLIES 5,000.00 621.26 0,00 2,371.66 89.22 2,539.127 49.22 5611=52990 OTHER 5,000.00 0.00 0.00 0.00 0.00 5,000.00 0.00 TOTAL SUPPLIES- 16,730.00 1,038.73 0.00 4,343.36 269.20. 12,117.44 27.57 MATERIALS .FOR_..MAINTENANC 5611 54630TOOLS & EQUIPMENT 0,00 0.00 0,00 0,00 0.00 0,00 0.00 5611-54810 COMPUTER HARD/SOFTWARE 3,000.00- :75..00 0.00: 773.86 "0.00. 2,226.12 25.80:. 5611-54990,OTHER 0.00 11.179 C.00 0.00 0.00 0.00 0.00 TOTAL MATERIALS FOR MAINTCNANC 3,000.00 75.00 0.00 773.88 0.00 2,22.6.12 25,80 CONTRACTUAL SERVICES 5611-56030 INCENTIVES 1,272,422.00 :0.00 0,005: 27.8,208.60 0.00 994,133.40 21..87 5611-56040 SPECIAL SERVICES 104,940.00 (C 187.13)`. 0,005 57,384.06' 4,168.72 43,387.22 58,66 5611-56080 ADVERTISING 43,474.00 569.00 0.00' 15,308.00 1,334.00 26,832.00 38.28 5611-56090 COMMUNITY DEVELOPMENT 49,000.00' 8,940 50 0.00' 39,349.98 310.00- 9,340.02 80,94 5611-56110 COMMUNICATIONS 4,410.00 351.73 0.00 2,642.09 252.32 1,515.59 65.63 5611 56180 RENTAL 24,600,00. 2,044.00 0_00'. 18,.202.00 0..00 6,398.00 73.99. 5611-56210 TRAVEL & TRAINING 28,395 00 95.81 0.00J 7,575.67. 1,437.57 -19,381.76. 31.74 5611-56250 DUES & SUBSCRIPTIONS 9,288.00. 385,00 0.001. 4,100.00 0.00 5,.188.00 44,14. 5611-56310 INSURANCE 3,107,00 0.00 0.00 3,102.00 0.00 5.00 99.84 5611-56510 AUDIT & LEGAL SERVICES 22,888 00. 1,044.00 0.00: 13,637.00 0.00 9,.251.00: .59,58 5611-56570 ENGINEERING/ARCHITECTURAL 20,000.00 0,00 0,00' 12,036,95 0.00 7,963.05 60.18 561.1-56610 UTILITIES-ELECTRIC 3,000.00 124.35 0.00 951.05 033.33 1,915.62 36.1, TOTAL CONTRACTUAL SERVICES 1,585,524.00 13,367.26 0.00 452,577.40 7,635.94 1,125,310.66 29,03- 6-13-2014 07:22 AM CITY OF WYLIE PAGE: 9' REVENUE AND EXPENSE REPORT - (UNAUDITED) AS OF: MAY 31ST, 2019 111-WYLIE-ECONOMIC DEVEL CORP DEVELOPMENTCORP-WEDC DEPARTMENTAL EXPENDITURES CURRENT CURRENT PRIOR YEAR Y-T-D Y-T-D BUDGET I OF BUDGET PERIOD PO ADJUST. ACTUAL ENCUMBRANCE ...BALANCE. BUDGET DEBTSERVICE 6 CAP. REPLY 5611 57110 DEBT SERVICE 701,638.00 23,685.96 0,00 431,153.47 0.00 270,984.53 61.15 5611-57710 BAD DEBT EXPENSE 0.00 _ 0.00 0,00 0.00 0.00 0.00 ----0.00 TOTAL DEBT SERVICE 6 CAP. RFPL 701,638.00 23,.685.96 mWmm 0.00 931, 53 47 84 53 61.95 153.97 0,00 270,984.53 CAPITAL OUTLAY. 5611-58110 LAND-PURCHASE PRICE 1,000,000.00 1,000:00 0:00 599,563.50 0.00 950,436.50 54.96 5611 58120 DEVELOPMENT FEES 0.00 0.00 0.00 0.00 0.30 0.00 0.00 5611-58150_LAND-BETTERMENTS 0.00' 0.00 0.00 0.00. 0.00 0.00. 0.00 5611 58210 STREETS 6 ALLEYS 60,000.00 0.00 0.00 0.00 0.00 60,000.00 0.00 5611-58910 SANITARY SEWER 0.00 0.00 0.00. 0.00 0.00: 0.00 -0.00 5611-58810 COMPUTER HARD/SOFTWARE 3,000.00 0.00 0„,00' 0.00 0.00 3,000.00 0;00 5611-58830 FURNITURE 6 FIXTURES 2,500.00 0.00- 0,00 0.00 0.00 2,500.00 0.00 5611-58910 BUILDINGS 0.00 0.00 0.00 0.00 0.00 0.00 0.00 5611-58995 CONTRA CAPITAL OUTLAY -:::0.00 0,00 ----0.00 (---- 833,563.50) 0.00 ----833,.563.50 ___.0.00 TOTAL CAPITAL OUTLAY 1,065,500.00 1,000.00 0.00 ( .... 284,000.00) 0.00 1,349,500.00 76.65 OTHER-FINANCING-:-:(USES).:. 5611-59111 TRANSFER TO GENERAL, FUND -0.00 0.00 0.00 0.00 0-.00 0.00. 0.00' 5611-59190 TRANSFER TO THORUGHFARE IMP 0.00 0.00 0.00 0,00 C 00 0.00 0.00 5611-59990 PROJECT ACCOUNTING ---0.00 -- 0 00 ---0.00 - ---.0.00 0 00 -:0.00 --_..U°0:0- TOTAL OTHER FINANCING (USES) 0.00 0.00 C.00 0.00 0.00 0.00 0.00 TOTAL DEVELOPMENT CORP-WEDC 3,653,357..00 70,650.81 0.00 782,232..30 7,905..14 :.2,863,219-.56 21.63: TOTAL EXPENDITURES 3,653,357..00. 10,6.50.81 0.00- 782,232.30 7,905.19 ::2,863,219.56 21..63 REVENUE OVER (UNDER) EXPENDITURES ( 1,219,418.00) 136,892.53 0.00 482,306.95 ( 7,905.14) ( 1,693,819.81) 38.90 *'*..END OE .REPORT-*** Wylie Economic Development Corporation Balance Sheet Sub ledger May 31, 2014 Notes Payable Date of Rate of Purchase Payment Beginning Bal. Principal Interest Interest Principal Balance May 1,2014 $817,168.92 ANBTX MARTINEZ(#42 of 60) 10/28/10 $8,200.66 $144,445.35 $7,846.56 $354.10 2.95 136,598.79 ANBTX HUGHES/RANDACK(#16OF6C 10/23/12 10,107.00 404,591.84 8,761.67 1,345.33 3.99 395,830.17` Hobart HOBART(#5 of 60) 1/6/14 5,378.30 268,131.73 4,261.09 1,117.22 5.00 263,870.64 May 31, 2014 $20,869.32 $2,816.65 $796,299.60 Note: Principal and Interest payments vary by date of payment. The WEDC entered into a$1.4 M note with American National Bank to fund improvements associated with the extension of Woodbridge Parkway. Upon the first draw by the WEDC, the Balance Sheet and the Balance Sheet Sub ledger will be adjusted accordingly. The final date to draw on the note is August 15,-2014. Wylie Economic Development Corporation Inventory Subledger May 31, 2014 Inventory -Land Date of Pur. Address Acreage Improvements Cost Basis Value Sq. Ft. McMasters 7/12/05 709 Cooper 0.48 n/a 202,045.00 Heath 12/28/05 706 Cooper 0.46 32,005 3,625 186,934.22 Perry 9/13/06 707 Cooper 0.491 Demo 200,224.00 Bowland/Anderson 10/9/07 Cooper Dr. 0.372 n/a 106,418.50 KCS 8/1/08 Cooper Dr. 0.406 n/a 60,207.87 Duel Products 9/7/12 704 Cooper Dr. 0.5 n/a 127,452.03 Randack 10/23/12 711-713 Cooper Dr. 1.089 217,500 8,880 400,334.00 Hughes 7/25/06 211 -212 Industrial 0.74 209,801 10,000 420,361.21 R.O.W. 0.18 41,585.26 Prime Kuts 10/8/07 207 Industrial 0.20 182,223 4,550 229,284.00 R.O.W. 0.11 n/a 77,380.45 Cazad 3/17/08 210 Industrial 0.27 128,083 3,900 200,781.55 Ferrell 9/29/05 2806 F.M. 544 1.09 Demo 239,372.00 Sale of R.O.W. 2/14/07 -0.09 -20,094.48 Crossroads 6/12/09 2804 F.M. 544 0.44 24,696 2,800 171,842.02 Regency Pk. 6/4/10 25 Steel Road 0.65 n/a 25,170.77 Hobart Investments 11/12/13 Commerce 1.60 n/a 156,819.50 Hobart 1/6/14 605 Commerce 1.07 396,263 20,000 386,380.00 Premier Industrial Park 7/12/07 Hensley 3.2 n/a 155,000.00 Heath 3/17/14 104 N. Jackson 0.17 220,544 3,304 220,034.00 Udoh 2/12/14 109 Marble 0.17 70,330.00 Total 13.58 1,411,115 57,059 3,657,861.90 *A Journal entry was made by auditors to adjust the cost of the Hughes land by$4,638.79. This amount was for taxes owed and therefore not part of the land value. *Prime Kuts total purchase price was$306,664.45. The distribution between 207 Industrial and R.O.W. purchased was developed by Seller for tax purposes. b WYLIE ECONOMIC DEVELOPMENT CORPORATION SALES TAX REVENUE FOR THE MONTH OF JUNE 2014 MONTH WEDC WEDC WEDC DIFF % DIFF 2012 2013 2014 13 VS 14 12 VS 13 DECEMBER $112,676 $148,500 $134,371 -$14,129 -9.51% JANUARY 118,175 117,904 128,968 11,064 9.38% FEBRUARY 171,759 187,682 213,877 26,195 13.96% MARCH 113,571 139,745 121,483 -18,262 -13.07% APRIL 115,114 121,594 124,866 3,272 2.69% MAY 154,424 192,612 200,476 7,864 4.08% JUNE 119,326 141,328 145,137 3,808 2.69% JULY 125,555 148,763 AUGUST 155,875 180,280 SEPTEMBER 123,863 144,572 OCTOBER 122,650 137,407 NOVEMBER 172,141 193,783 Sub-Total $1,605,130 $1,854,171 $1,069,178 $19,813 1.89% AUDIT ADJ TOTAL $1,605,130 $1,854,171 $1,069,178 $19,813 1.89% WEDC SALES TAX ANALYSIS $250,000 . eo ww .mm ., , , .., . $200,000 $150,000 . _. 1" f,g. I. is $100,000 - - t m " :z°ia $50,000 j , $0 - -i l t p y -- F i, f i i I 7 7 f0 .2 2 ' 7 O I coLL a O ❑ c Z Wylie City Council AGENDA REPORT Meeting Date: July 8, 2014 Item Number: C Department: Planning (City Secretary's Use Only) Prepared By: Renae' 011ie Account Code: Date Prepared: June 18, 2014 Budgeted Amount: Exhibits: 1 Subject Consider, and act upon, approval of a Final Plat creating 77 single family residential lots and 2 open space lots on 25.608 acres for the Braddock Place Phase 4 Subdivision, generally located west of FM 544 and south of Elm Drive. Recommendation Motion to approve, a Final Plat creating 77 single family residential lots and 2 open space lots on 25.608 acres for the Braddock Place Phase 4 Subdivision, generally located west of FM 544 and south of Elm Drive. Discussion OWNER: BPE Phase IV, LTD. APPLICANT: Bannister Engineering The property totals 25.608 acres and will create 77 single-family residential lots. The subject property is part of the 185.1449 acre Braddock Place Addition Planned Development (PD 2005-24), which consists of Single- Family Residential dwellings of varying densities, and Common Open Spaces. The property was annexed into the City of Wylie on September 28, 2004, and was the subject of a Zoning Case approved by City Council on July 26, 2005. An. Amenity Center will be developed on. Block I, Lot 2 to be owned and maintained by the HOA, as well as 2 landscape buffer areas along FM 544. P&Z Commission Discussion The Commission recommends approval 4-0 subject to additions and/or alterations to the engineering plans as required by the Engineering Department. (Rev 01/2014) Page 1 of I \ \ \ LOT 2 LOT 5, BLOCK H s n a LOT 3 BRADDOCK PLACE PHASE I u LL V i 4 \ SET X-CUT VOLUME 2007, PAGE 596, M.R.C.C.T, o 9 z m m 1 5 LL I \ LOT 4 \ IRS IN CONCRETE S89°46' 33"E 268.6T g _ \ q ! __ c - 180.01' 40.00' 30A4' _ _ _ -..___. 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Q IL / V �` V A o O p 0 / \ LOT 25 \ _7g,72' o _ Z LOT 37 j o / \ IRS 589° 11`46"E 2.1.8T IRS L It LOT 33 ^' a.A -L=37.77' m l 1 0 o • o C=78.72 °;. $, oz. 15' BUILDING LINE 15' BUILDING LINE ° / 0'' S0.15' 104.83' 98.02' L=69.91' L=78.72' oco _ �O 'it b LOT 32 . % °°', --- - -- - 42.24' -- - - - 120.00' 180.00' 40.00' BRADDOCK PLACE PHASE II \ °j q :� --L=S0.15' Z - - L=76.65' N VOLUME 2013, PAGE 341 \ N. 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LOT 2 n, / O/ O e��Tec�`" / 2xT° 'j3'93 AOOMO L s LOT 6 o c ry U' l > Z I } O LOT 23 P m° •."'• -20.62' 0 1'� 0.� i '_ R=1405.00' L.66.75' "0. a in \ o Z ¢ BLOCK I w m o BLOCK E O P - Cl 66.75' - - - 0 3 0 o z H o' L+- F- / - �, O ,7 L= - - o c+ N 0 L=36.71 T - I = O Z ,n Q \ o 2 Q i L=66.75' - - o, LOT 7 @p g* 6 �„ L=40.75 L=66.75' _ - - - a °v �o LOT 16 \ `'S. (y 393 3500� 9 53' 4 N, 3 :o m L=63.16' 27.24 65.00' 75.00' Z o z; DEDICATED TO AND m Z U ,^„ O / / \ BRADDOCK PLACE PHASE II LOT 23 F-- L915 - - o L=30.08' oo o LOT 8 c L=21.86' 63,16' _ Z7.24'-0 65.00' 75.00'w i ,� MAINTAINED BY ¢ ¢ w ro w �;' o o N 2 42.25 L- 76 11 o L=44.25' o =I HOME OWNERS u „ O N, N / / \ VOLUME 2013, PAGE 341 of L=40.86' / / gUD-DING I"INE • `" LOT 10 3 LOT 9 0 o BLOCK J s _76,1T L o \ c9 W `n vNi N ry M.RCCT. 6o i m / po i�0, LOT 11 .'� Lo o °< o N In z o T s9, w w LOT 12 I. I. col 46, o o N > o I M ASSOCIATION o Q Q 0 / `° ''O s / ° v LOT 13 b> 0 Pt o !, Z L.72. 55.73, 0 0 bo I Z N o w po �F p i �F , 6 LOT 14 M v o in r C- o, 3 LOT 28 LOT 29\ LOT 30 d o 0 o ¢ w O \ / bG 6 A9 2 'r9. N = o U, °o z C.72•A 70 36 L=8.80' `N 3 LOT 27 in o o o �-» Z I.E. LOT 17 V o. 0 ,y0 /�G 9s, Sl,. ry ° Pn z L' o `-v+ - m N 1 O� -, / LOT 22 ati. "' / OZ 4 M o 72.46' LOT 26 m \ 85.00' \ T ��/ / 15, o 0 o z L= 70.36' HI zi o o in w 0 ni \ O `'O NV/ Orb :0J l20 L=19.77' z L=72 46' 36' - L LOT 2 N c = 6.49'z '-' a, F w O "00, C7/ O '15 LOT 15 '92, L=72.40 L=70. o0 3 5 " o L 3 m m ¢ z \ p. O G 60 L=44.23' L=72.46' 70.36' b o �- co C " Z - - Z - - __ _ _ - - - _._. __ - - _ __ - - in 20 .-' ,U. O ..-""""_ -- $ O\/ o° 3 so Li66. =91.4z' L=72.25' L- o N o LOT 24 N \ ry " LOT 3 ° o = �,/ p a -16.66' OW O- 8g36' o 0 0 °0 27.24' 65.00' 75.00' n- Er w J� 0 \ O V d. o c� :� o o r 62.78' o co m 0 d Q 8 o O BPE PHASE IV, LTD. v o BLOCK J ^ 3 LOT 23 `^ ;'. "' __ Z ' L= N O N oo �O. • LOT 21 `L9/ 8S,\\ a"> o� INSTRUMENT NO. 7c r-, 3 LOT 22 N Yn L=7.26- V=62.7$ R=565.00' \ I LOT 18 \ 0a TI / .yJ� c \ titi LOT 16 6S. 4, 20140127000077540 to LOT 21 M n Z -? 11 C4 -- - 185.00' 40.00' 30.04' d OO F 60• S89° 34' 06"W 192.24' pe o0 00 o o, s° D.R.C.C.T. 3 LOT 20 o a r SINE, ' t= . \ o % / p \t2 O. S*0 n to C1 on gUILDTh g9, Soo°25' 54"E 25,00'\ IRS S89° 4' 06"W 255.04' IRS 60( �� a„oo, FOUND 1/2"CAPPED IRO / O6. �\ F� /. Aso O0 'ti' S� o • o o z 20; L,75 589° 34' 06"W 217.24' RS S00° 25' 54"E 16.03' 3 G,�S bo ROD WITH "CORWIN ENG." / V� Q� O �(p \ 0 V SB A&1( LOT 17 �'I LOT 19 d' - Z - - - •-- 75 g9, OR�� IRS FOUND 1/2"CAPPED IRON O ) /\. 'R , \ ♦ r l= r,�S \ REMAINDER OF 1 �o ?r �/�\ LOT 20 / �.' 'Lo / �' \ c '4, h. o -L=20.89' z __ _ _" __ P OVN%i- • IRS 0=14°32'00" T.,,00 ettQ \D WITH "CORWIN ENG." T / Gj 62' 0/CC.0 \ \C O%, TpS 8�, _ z -- L=75.89' c� ME D Y R=14°32'' BRADDOCK PLACE HOLDINGS, LTD. \ 9cF o� �./L \ o0 2�0 / �,� oG /O\ LOT \ 6 66 \Gti °0% 0o -Roo, L=45.49' L=75.89 1645.00' GRGr`�.OF WP 7?5 L=130.63' \ INSTRUMENT NO. 20060ll9000079810 \ '2YT�9L 0' , 0O. o / 06 I h J\ \ SSo, ss �T \F a^' do 6q 43 R CS -- -� 50, R16 Cob - CB=582°18'06"W D.R.C.C.T. •R / 00 / O 5 o F - s V LOT 18 _ _-- C�7048 CL=130.28' \ / /.� \2<. l ? C L' 'L=23.70' C' IS, o ti O. A Yg --------- . IRS N ('T • \V�GI! LOT19 / �">�� / Co.00 \ LOT3 V 6s �00,� NV i lg Op C6 - '�� R=t695.48 L>7048 -- S IRS• R=225 043 T \OI / �, ,V 'so, o , A /,,tiN. tigS• L=JO. LOT L=54.11' FINAL PLAT °o�G o o� o° �GIv� so��9 6��, v / � L=52.45' L=7o,4e BUIIDINGLTNE z� �� OF O \�I O_ o• ( -, __ . 0' o °' C6=57°19'15"E 2 N CL=53.96' BRADDOCK PLACE IRS • �,� v4% // oo �a^D 6 //�0 ss N O,�v ?rr NQ you - . ----- o o LOT .+ 2 ' 0 _ S00° 25' S4"E 4.29' `srb-° O, i oo/ \�' s0, LOT 4!ON,,, 5- Net ��L AAA L=z6.6z' w 3 -^ o LOT 5 s `r' / N46° 59' 52"W 21.82' • $0, Rr�C� / A. /• BLOCK K BLOCK K �1�% \se, �� j o° �,1 - o :. 0=18°34'ss" 8' N T IRS s tir <O IRS F �9� L� y5 3 $ N o o LOT 4 z 75.2 ' IRs ( 1 A� 1� LOT 13, BLOCK B d� o,D, n /OA 00 o ry LOT 3 % % 0 V' R=215.00' BRADDOCK PLACE PHASE II Ipo ev IP'VP / /01� LOT 1 oy. titi0 \ O o 1` �„ z L=75' C6=SS°51'34"W \ SV / o o "^ z BLOCK L L=69.73' VOLUME 2013, PAGE 341 \ O •O 1S LOT 5 C 0 Kz o o LOT 2 m At M.R.C.C.T. \ O- O O- \ ss `r' LOT ry O'L \ +',$;A '30, p^> A0 " o Lc-TS. CL=69.42' O�p�tiO '`S TS��I�Of2�A\ 'ti0oo'La000 \ 6Ss ti�000LOT6 A S �S��s9,d T�'Q O��I�Oi 5 LL 5616, L=75.4T L=7547, Z 25.608 acres out of the " 4° Sl BPE PHASE IV, LTD. O. \ 6 S �J 7 • a"� LOT 14 TO0 >` Ss� 00- (14\ �O INSTRUMENT NO. \\ •S0, S. \F �63 ' IRS A=43°38'53" d=13°40'43" LEGEND / ,25, \ 00, '93�, F p po ' o, R=165.00' R-1815.06' Elisha M . Price Survey Abstract Number 725 • IRS N47° 16' S7"W 50.23' O 6TH °I). F✓� �a'§ D.R.C.C.T. ?,9O's , ,ti0 LOT 7 0 IRS '• IRS CB=S64°49'34"W L=433.31' S SON UTH �� 1� co vv 0SSo, CL=76.67' Cg_43228'39"W F EASTE Nathaniel Atterberry Survey, Abstract Number 1099 BLOCK B �'(f\ s S' 0 846° 59' S2"E 3.1T DEGREES • IRs 2 vv 8,� s Vp� mINUTEsv=EET City of Wylie, Collin County, Texas 4 LOT 15 ' LOT 8 �o' SECONDS/INCHES �.>j, \V • IRS S46° 59' 52"E 36.82' S.?•�•S0' �'A D.P,.C.C/ \ O 0 DEED RECORDS 76 Lots A �O`? op COWN COUNTY, TEXAS / 'ft. A • IRS 6• '� a� REMAINDER OF P R CC.T. / TO A REMAINDER OF SSo' BRADDOCK PLACE HOLDINGS, LTD. PLAT RECORDS COON Y, TEXAS "ii`' Date Revised: June 2014 LOT 10, BLOCK A QO INSTRUMENT NO. 20060119000079810 SHEET 1 OF 2 TWIN CREEK RANCH ESTATES ti o LOT 16 - BRADDOCK PLACE HOLDINGS, LTD. • D.R.C.C.T. '* 1#�I F o 0,'S INSTRUMENT NO. 20060119000079810 IRS • VOLUME-,PAGE ,P,RCC.T. Tq, �,y40' D.R.C.C.T. ` ¢ �� so�`'Y9 I o° GRAPHIC` SCALE ENGINEER: OWNER/ DEVELOPER: FROM TAX PARCELS: I / ��' 0�00, a^>o DC/ 0 50 100 200 BANNISTER ENGINEERING, LLC BRADDOCK PLACE HOLDINGS, LTD. R-6725-000-0100-1 / 1.457 ACRES ',;., , /'� p MANSFIELD,1696 COUNTRY TEXAS 76063 8214 8214 WESTCHESTERBPE PHASE IV, D DRIVE, SUITE 710 R-6725-000-0 -1 / ACRES - E N G I N E E R I N G CONTACT: MICHAEL DAVIS, RPLS DALLAS, TEXAS 75225 of / • IRs ( IN FEET )1 FOR TAX YEAR 2014 i 1696 CountryClub Drive I Mansfield, TX 76063 1817.842.2094 1817.842.2095 fax PHONE: 817-842-2094 !� ✓ N inch oo a_ mike@bannister-engineering.com TBPLS REGISTRATION NO. 10193823 I'RO.7ELT .AO.: 0.90- 11-01 OWNERS DEDICATION: NOW,THEREFORE, KNOW ALL MEN BY THESE PRESENTS: GENERAL NOTES: WHEREAS BPE PHASE IV, Ltd., are the sole owner(s)of a 25.608 acres (1,115,474 square feet) of land in the Elisha M. Price Survey, That BPE PHASE IV, LTD., acting herein by and through its duly authorized officers, does hereby adopt this plat designating the herein above described property as BRADDOCK 1. All coordinates and bearings shown herein are Texas State Plane Coordinate System, NAD83 (CORS),Texas North Central Zone Abstract No. 725, City of Wylie, Collin County, Texas; said 25.608 acres (1,115,474 square feet) of land being all of that certain tract of PLACE PHASE IV, an addition to the City of Wylie,Texas, and does hereby dedicate, in fee simple, to the public use forever, the streets, rights-of-way, and other public (4202). All distances shown herein are surface distances. land described in a General Warranty Deed to BPE PHASE IV, Ltd., as recorded in Instrument Number 20140127000077540, Deed improvements-shown thereon. The streets and alleys, if any, are dedicated for street purposes. The easements and public use areas, as shown, are dedicated, for the public use Records, Collin County, Texas (D.R.C.C.T.); said 25.608 acres(1,115,474 square feet)of and being all of that certain tract of land forever,for the purposes indicated on this plat. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the 2. All lot lines ore radial or perpendicular to the street unless otherwise noted by bearing. described in a General Warranty Deed to BPE PHASE IV, Ltd. (hereinafter referred to collectively as BPE PHASE IV tract), as recorded in easements as shown, except that landscape improvements may be placed in landscape easements, if approved by the City Council of the City of Wylie. In addition, utility easements Instrument Number , D.R.C.C.T.; said 25.608 acres (1,115,474 square feet) being more particularly described, by may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by 3. Notice: Selling a portion of any lot in this addition by metes and bounds is a violation of state law and City Ordinance and is subject public utilities being subordinate to the public's and City of Wylie's use thereof. topenalties imposed bylaw. metes and bounds, as follows: P BEGINNING at a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southeast corner of that certain tract of land The City of Wylie and public utility entities shall have the right to remove and keep removed all or parts of any buildings,fences,trees, shrubs or other improvements or growths 4. All iron rods set(IRS) are 5/8-inch with a plastic cap stamped"RPLS 4838". described as Braddock Place Phase I, an addition to the City of Wylie, Collin County,Texas, according to the map recorded in Volume which may in any way endanger or interfere with the construction, maintenance, or efficiency of their respective systems in said easements. The City of Wylie and public utility 2007, Page 596, Map Records, Collin County,Texas, same being the Northeast corner of said BPE PHASE IV tract, same also being the entities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, existing West right-of-way line of F.M. Road No. 544 (90' right-of-way); maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. THENCE South 00 degrees 25 minutes 54 seconds East with the common line between said BPE PHASE IV tract and the existing West This plat approved subject to all platting ordinances, rules, regulations and resolutions of the City of Wylie, Texas. right-of-way line of said F.M. Road No. 544, a distance of 808.36 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southeast corner of said BPE PHASE IV tract,same being the Northeast corner of the remainder of that certain tract of WITNESS MY HAND AT Texas,this the day of 2014. land described in a deed to Braddock Place Holdings, Ltd. (hereinafter referred to as Braddock Place Holdings, tract), as recorded in Instrument Number 20060119000079810, D.R.C.C.T.; THENCE with the common line between said BPE PHASE IV tract and the remainder of said Braddock Place Holdings, tract for the BPE PHASE IV, LTD. following 15 courses: 1. South 89 degrees 34 minutes 06 seconds West, a distance of 255.04 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; Richard M. Skorburg 2. South 00 degrees 25 minutes 54 seconds East, a distance of 16.03 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; OWNER'S DEDICATION STATEMENT 3. South 89 degrees 34 minutes 06 seconds West, a distance of 217.24 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a curve to the left, whose long chord bears South 82 degrees 18 minutes 06 seconds West, a WATER LINE AND WATER LINE APPURTENANCES distance of 130.28 feet; Now, Therefore Know All Men by these Presents: 4. Westerly with said curve to the left having a radius of 515.00 feet,through a central angle of 14 degrees 32 minutes 00 seconds, for an arc distance of 130.63 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a That, BPE PHASE IV, LTD., acting herein by and through its duly authorized officer, does hereby adopt this plat designated hereon as, BRADDOCK PLACE PHASE IV, an addition to the non-tangent curve to the right, whose long chord bears South 07 degrees 19 minutes 15 seconds East, a distance of 53.98 feet; City of Wylie, Texas and does hereby dedicate all such water lines, valves, and water system appurtenances to the East F ark Special Utility District Executed this the day of , 2014 5. Southerly with said non-tangent curve to the right having a radius of 225.00 feet, through a central angle of 13 degrees 46 minutes 43 seconds, for an arc distance of 54.11 feet to a to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; STATE OF TEXAS 6. South 00 degrees 25 minutes 54 seconds East, a distance of 4.29 feet to a to a five-eighths inch iron rod with plastic cap stamped COUNTY OF COLLIN "RPLS 4838" set for the beginning of a curve to the right, whose long chord bears South 08 degrees 51 minutes 34 seconds West, a distance of 69.42 feet; Before me, the undersigned , a Notary Public in and for said County and State, on this day personally appeared Richard M. Skorburg, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed some for the purpose and consideration therein expressed. 7. Southerly with said curve to the right having a radius of 215.00 feet, through a central angle of 18 degrees 34 minutes 55 seconds, for an arc distance of 69.73 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the beginning of a Given under my hand and seal of office, this the day of , 2014. non-tangernt curve to the right, whose long chord bears South 79 degrees 48 minutes 39 seconds West, a distance of 432.28 feet; 8. Westerly with said non-tangent curve to the right having a radius of 1815.00 feet, through a central angle of 13 degrees 40 minutes 43 seconds, for an arc distance of 433.31 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838"set for the beginning of a curve to the left, whose long chord bears South 64 degrees 49 minutes 34 seconds West, a distance of 78.07 feet; 9. Southwesterly with said curve to the left having a radius of 105.00 feet, through a central angle of 43 degrees 38 minutes 53 Notary Public in and for the State of Texas seconds, for an arc distance of 79.99 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; 10. South 46 degrees 59 minutes 52 seconds East, a distance of 3.17 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS My commission expires: Curve Table 4838" set; Curve # Length Radius Delta Chord Direction Chord Length 11. South 43 degrees 00 minutes 08 seconds West, a distance of 170.00 feet to a five-eighths inch iron rod with plastic cap stamped "Recommended for Approval" "RPLS 4838" set; Cl 315.55 375.00 48.21 S67° 06' 31'W 306.32 12. North 46 degrees 59 minutes 52 seconds West, a distance of 353.00 feet to a five-eighths inch iron rod with plastic cap stamped C2 453.20 1380.00 18.82 N81°48' 25"E 451.17 "RPLS 4838" set; C3 248.72 830.00 17.17 N80° 59' 01'W 247.79 13. South 43 degrees 00 minutes 08 seconds West, a distance of 240.00 feet to a five-eighths inch iron rod with plastic cap stamped Chairman, Planning &Zoning Commission Date: "RPLS 4838" set; City of Wylie, Texas C6 190.45 250.00 43.65 S64° 49' 34'W 185.88 14. South 46 degrees 59 minutes 52 seconds East, a distance of 36.82 feet to a five-eighths inch iron rod with plastic cap stamped C5 415.39 1670.00 14.25 N79°31' 28"E 414.32 "RPLS 4838" set; Approved for Construction - - - - - C4 161.82 540.00 17.17 N80° 59' 01"W 161.22 15. South 43 degrees 00 minutes 08 seconds West, a distance of 178.93 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Southerly corner of said BPE PHASE IV tract; THENCE North 47 degrees 14 minutes 50 seconds West with the Southwesterly line of said BPE PHASE IV tract, a distance of 249.77 feet Mayor, City of Wylie, Texas Date: to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; Accepted THENCE North 47 degrees 16 minutes 57 seconds West continue with the Southwesterly line of said BPE PHASE IV tract, a distance of50.23 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set for the Westerly corner of said BPE PHASE IV tract, same being the Southerly corner of that certain tract of land described as Braddock Place Phase II, an addition to the City of Wylie, Collin County,Texas, according to the map recorded in Volume 2013, Page 341, M.R.C.C.T.; Mayor, City of Wylie, Texas Date: THENCE with the common line between said BPE PHASE IV tract and said Braddock Place Phase II for the following 11 courses: "The undersigned, the City Secretary of the City of Wylie, Texas, hereby certifies that the foregoing final plat of the BRADDOCK PLACE PHASE IV,subdivision or addition to the City of 1. North 43 degrees 00 minutes 08 seconds East, a distance of 180.27 feet to a five-eighths inch iron rod with plastic cap stamped Wylie was submitted to the City Council on the day of , 2014 and the Council, by formal action, then and there accepted the dedication of streets, "RPLS 4838" set; alley, parks, easement, public places, and water and sewer lines as shown and set forth in and upon said plat and said Council further authorized the Mayor to note the acceptance thereof by signing his name as hereinabove subscribed. 2. North 46 degrees 59 minutes 52 seconds West, a distance of 21.82 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838"set; Witness my hand this. day of , A.D., 2014. 3. North 43 degrees 00 minutes 08 seconds East, a distance of 460.00 feet to a five-eighths inch iron rod with plastic cap stamped FINAL PLAT "RPLS 4838" set; 4. North 33 degrees 13 minutes 03 seconds East, a distance of 101.48 feet to a five-eighths inch iron rod with plastic cap stamped OF "RPLS 4838" set; City Secretary 5. North 43 degrees 00 minutes 08 seconds East, a distance of 88.15 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS City of Wylie, Texas B D D 0 C K P LAC E 4838" set; 6. South 89 degrees 11 minutes 46 seconds East, a distance of 261.87 feet to a five-eighths inch iron rod with plastic cap stamped SURVEYOR'S CERTIFICATE PHASE IV "RPLS 4838" set for the beginning of a curve to the left, whose long chord bears North 75 degrees 48 minutes 20 seconds East, a KNOW ALL MEN BY THESE PRESENTS that I, Michael Dan Davis, do hereby certify that I prepared this Final Plat and the field notes from an actual and accurate survey of the land, distance of 636.63 feet; that the corner monuments shown thereon were properly placed under my personal supervision in accordance with the subdivision Regulations of the City of Wylie,Texas. 7. Easterly with said curve to the left having a radius of 1230.00 feet, through a central angle of 29 degrees 59 minutes 49 seconds,for 25.608 acres out of the an arc distance of 643.96 feet to a one-half inch iron rod with plastic cap stamped "CORWIN ENG."found; PRELIMINARY, <0. • } 8. North 67 degrees 57 minutes 13 seconds East, a distance of 239.66 feet to a one-half inch iron rod with plastic cap stamped THIS DOCUMENT SHALL NOT BE * .• P�� * Elisha M . Price Survey Abstract Number 725 "CORWIN ENG." found; RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL II: A I0 ()Mir 9. North 00 degrees 25 minutes 54 seconds West, a distance of 218.93 feet to a five-eighths inch iron rod with plastic cap stamped SURVEY DOCUMENT Y4f14 'U Nathaniel Atterberry Survey, Abstract Number 1099 "RPLS 4838" set for the beginning of a non-tangent curve to the right, whose long chord bears North 86 degrees 47 minutes 05 seconds ' o' West, a distance of 41.40 feet; Michael Dan Davis DATE: // , •I •�,,`\ Registered Professional Land Surveyor No. 4838 City of Wylie Collin County, Texas 10. Easterly with said non-tangent curve to the right having a radius of 345.00 feet, through a central angle of 6 degrees 52 minutes 45 BANNISTER ENGINEERING, LLC seconds, for a arc distance of 41.42 feet to a five-eighths inch iron rod with plastic cap stamped "RPLS 4838" set; T.B.P.L.S. REGISTRATION NO. 10193823 11. South 89 degrees 46 minutes 33 seconds East, a distance of 268.67 feet to the PLACE OF BEGINNING, and containing a calculated 76 Lots area of 25.608 acres (1,115,474 square feet) of land. THE STATE OF TEXAS COUNTY OF COLLIN Date Revised: June 2014 Before me, the undersigned, a Notary Public in and for the State of Texas,on this day personally appeared Michael Dan Davis, known to me to be the person whose name is SHEET 2 OF 2 subscribed to the foregoing instrument, and acknowledged to me that he executed same for the purpose and consideration therein expressed and in the capacity therein stated. o B A N N I S T 1 R ENGINEER: OWNER/ DEVELOPER: BANNISTER ENGINEERING, LLC BRADDOCK PLACE HOLDINGS, LTD. Given under my hand and seal of office, this day of , 2014. 1696 COUNTRY CLUB DRIVE BPE PHASE IV, LTD. MANSFIELD, TEXAS 76063 8214 WESTCHESTER DRIVE, SUITE 710 1-4N. ENGINEERING CONTACT: MICHAEL DAVIS, RPLS DALLAS, TEXAS 75225 PHONE: 817-842-2094 1696 Country Club Drive Mansfield, TX 76063 j 817.842.2094 1817.842.2095 fax mike@bannister-engineering.com Notary Public in and for the State of Texas TBPLS REGISTRATION NO. 10193823 PROJECT X0.: 090- 14-o t Wylie City Council weitire AGENDA REPORT Meeting Date: July 8, 2014 Item Number: 1. Department: Planning (City Secretary's Use Only) Prepared By: CHL for Renae' 011ie Account Code: Date Prepared: June 18, 2014 Budgeted Amount: Exhibits: 2 Subject Hold a Public Hearing, and consider, and act upon, a change in zoning from Agricultural-30 (AG/30) to Planned Development-Mixed Use (PD-MU), to allow for residential uses of varied densities, and medical facilities on approximately 62 acres, generally located west of E. Stone Road and approximately 1,600 feet south of Brown Street. Recommendation Staff Recommendation: Motion to continue the public hearing and table this item to July 22, 2014 to allow time to receive and review the amended concept plan. Discussion Owner: Cross Country Villas,LLC Applicant: Douglas Properties,Inc. The applicant is requesting to establish permanent zoning on approximately 62 acres of land recently annexed into the city. The subject property shall be developed in accordance with attached planned development conditions to accommodate a combination of uses including, but not limited to assisted living, medical complexes, and single family dwelling of varied densities. The conditions of the Planned Development (Exhibit "B") outline the regulations for each tract as follows: Tract 1 will be developed for single-family residential units (PD-SF) with minimum lot sizes of 6,000 s.f. Lots along the southern and western property lines will have a minimum lot size of 8,500 s.£, as depicted on Exhibit "C" Concept Plan. Dwelling sizes range from a minimum of 1,520 to 2,500 or greater, with 30% being greater than 2,000 s.f. 25% of the lots will be 2,500 s.f. or greater. Maximum number of lots not to exceed 160 lots. Tract 2 will be developed as Age Restricted Gated Single Family units (PD-SF), with minimum lot sizes of 5,000 s.£ Dwelling sizes range from a minimum of 1,200 s.f to 1,400 s.£ or greater. 30% of the lots will have a dwelling size 1,400 s.f. or greater. At least one of the occupants per house must be 55 years of age or older. All dwelling units require at least one car garage. All streets within Tract 2 shall be private and maintained by the HOA. Maximum number of lots not to exceed 50 lots. (Rev 01/2014) Page 1 of 3 Page 2 of 3 Tract 3 will be developed as Age Restricted Multifamily units (PD-MF-AR), with a maximum density of 80 units and max height of main structure at 3 stories. At least one of the occupants per house must be 55 years of age or older. Tract 4 will be developed as Assisted Living & Memory Care (PD-MF-AL) with a minimum building area of 11,000 s.f. contained in a single story building. The concept plan depicts 4 separate buildings with 15 units per building. Tract 5 will be developed as a Worship Facility on 1.57 acres. Notification/Responses: Thirteen (13) notifications were mailed; with zero (0) written response returned favoring the request and one (1) response opposing the request prior to the P&Z meeting. Planning & Zoning Commission Discussion The Planning and Zoning Commission discussed at length the proposed lot sizes and their distribution throughout the subdivision. After much discussion between the Commission and the applicant, the Applicant stated that he would enlarge the lots along the main entry roadway from 6,000 s.f. lots to minimum 8,500 s.f. lots. In addition, side yard setbacks for all lots that are a minimum of 8,500 will be 7 feet. The Commission voted 4-0 to recommend approval. Staff's Recommendation Staff recommends continuing the public hearing and tabling this item to the Tuesday July 22, 2014 City Council meeting to allow staff the opportunity to review revised concept plan per P&Z Commission's recommendation. EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT — MIXED USE ZONING CASE No.2014-02 I. GENERAL CONDITIONS FOR TRACT 1: 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10 District (SF-10) set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3-4—Planned Development- Single Family (PD-SF) Lot Size (Minimum) Lot Area (sq. ft.) 6,000 Lot Width (feet) 55 Lot width of corner Lots (feet) 60 Lot Depth (feet) 100 Lot Depth of Double Front Lots (feet) 110 Yard Requirements—Main Structures Front Yard(feet) 20 Side Yard (feet) 5 Side Yard of Corner Lots (feet) 10 Side Yard of Corner Lots (feet) on key lots 20 Rear Yard (feet) 15 Rear Yard Double Front Lots (feet) 20 Lot Coverage 50% Lot Area (sq. ft.) 8,500 Lot Width (feet) 70 Lot width of corner Lots (feet) 90 Lot Depth (feet) 100 Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations (Minimum Square Footage) 15% of the lots 1,520 or greater 30% of the lots 1,850 or greater 30% of the lots 2,000 or greater 25% of the lots 2,500 or greater Design Standards Level of Achievement See Section III Design Conditions Yard Requirements—Main Structures Front Yard(feet) 20 Side Yard(feet) 5 Side Yard of Corner Lots (feet) 1.0 Side Yard of Corner Lots (feet) on key lots 20 Rear Yard(feet) 15 Rear Yard Double Front Lots (feet) 20 Lot Coverage 50% Height of Structures Main Structure (feet 40 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 160 lots. 2. Key lots are defined as a corner lot which is backing up to an abutting side yard. 3. Twenty five year roofing shall be permitted. 4. No alleys shall be required within the property. 5. Lots which back onto park land shall provide decorative black medal fencing of uniform design to be installed by the homebuilder, as approved by the Planning Department. 6. The Development Plan attached as Exhibit "C" shall serve as the Preliminary Plat. 7. Existing trees greater than 6 inch caliper within the flood plain shall be protected in accordance with City's Tree Preservation Plan. 8. Open space, drainage & floodway easement, and public hike & bike trail shall be dedicated to the City of Wylie in accordance with City's Subdivision Regulations. 9. City of Wylie shall provide the water meters and the meter readers for Irrigation services in common areas. Where power is provide in the common area by the City of Wylie, irrigation controller will be ET based. 10. Maintenance of the Park Area Maintenance of the park area will be the responsibility of the homeowners' association (HOA). A. HOA maintenance and responsibilities of amenities include: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Park Division. d. Maintain irrigation system and test all backflow devices annually as per City requirements. e. Maintain playground equipment, pavilion, benches, tables, concrete trail, and any other installed improvements, per Exhibit "P". Coordinate with the City Park Department prior to the replacement or removal of any improvement for consistency with City Park standards. f. Maintain slopes and topography to prevent erosion. B. City responsibilities of amenities include: a. Perform playground safety inspections by qualified personnel. b. Schedule pavilion reservations for the public. 1.1. All Park Amenities as described in Exhibit "P" and as approved by the City Parks Department, shall be installed prior to the issuance of a Certificate of Occupancy. IV.DESIGN CONDITIONS: A. Land Design Standards—New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with. Exhibit "P" and the following criteria: 1. Provision of Public Pathways - Public Open Space a. Base Standard (1) Trail shall be constructed to the City's standards. Open space parkland shall be in accordance with Exhibit "P" as adopted by this ordinance. (a) 8' Hike & Bike Trail, with 5 ft in front of dwellings, achieving link in city trail system. (b) Open Space Improvements, including 2 Trash Cans, 1 Pavilion, 4 park benches, 2 picnic tables and 8 adult fitness stations. (c) Stamped colored paving shall be installed at trail crossings. (2) The public pathway system easement(s) shall be connected along existing or planned utility rights-of-way and/or public property lines to any existing or planned public trail system on abutting land. Locate the public open space easement to provide for future connections to be made by others across intervening property to any existing or planned public trail system on land that does not abut the development. Public Access os Street i Subdivision II Development Public Open _ Space Easement Open p �» b. Desirable Design Attributes Single-loaded Street along open space and access per Exhibit"P". 2. Provision of Public Pathway—Perimeter Walkways and Landscape a. Base Standard (1) Per Exhibit "P" and coordinate improvements of Brown Road with the City of Wylie. (2) Landscaping and Tree Preservation shall be in accordance with Exhibit"C" The following trees and shrubs are recommended for landscaping and screening purposes: 1. Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress Bradford Pear 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American. Elm Willow Sycamore b. Desirable Design Attributes None 3. Lighting and Furnishings Along Open Space, Easements and Trails a. Base Standard (1) On open space easements, public walkways and trails provide: per Exhibit "P" (2) Benches with backs installed per Exhibit "P" (3) Stamped colored paving and cross-walks at street connectors. (4) 8' wide decorative paving crossing at main entry; 7 ft wide at interior street connectors per Exhibit "P" b. Desirable Design Attributes (1) 4 Benches, 2 Picnic Tables, 1 Pavilion and 8 adult fitness stations, per Exhibit "P", to be coordinated with Parks Department. (2) 8' wide decorative paving crossing at main entry; B. Street and Sidewalk Standards—New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: 1. Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone and brick monument with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Decorative black medal fencing panels or 2 or more different type/color of stone (can be synthetic or cultured). er A" r:roftItit' TrilitAr ,� ; mayt.rfr .9n "rgekhAtiir r 2. Street Treatments—Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None 3. Street Treatments—Pedestrian Crosswalks a. Base Standard All crosswalks within a Residential development are to be 7 feet wide at trail crossings and must connect to a pedestrian sidewalk system of stamped colored paving with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. Desirable Design Attributes: Provide 8 ft. wide, connected system of stamped colored paving at Trail Crossing at Main Entry. 4. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard 4 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: None 5. Mail Boxes a. Base Standard Mail boxes shall be paired at the lot line where applicable and shall provide number plaque and brick to match the resident. b. Desirable Design Attributes: Same stone as house exterior trim to mail boxes. 6. Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with solar controls on decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. , , } r. f 1 l A� ry {} yam, .._ rt Y : b. Desirable Design Attributes: None 7. Perimeter Alleys a. Base Standard No Alleyways are required for the subdivision. b. Desirable Design Attributes: None C. Architectural Standards—New Residential Requirements 1. Building Bulk and Articulation a. Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 10 percent of the facade shall be offset a minimum of 2 feet either protruding from or recessed back from the remainder of the facade. b. Desirable Design Attributes: None 2. House Numbers a. Base Standard All single family residential units shall have lighted front stone wall plaque with resident address beside the main entry of the dwelling unit. b. Desirable Design Attributes: None 3. Exterior Facade Material a. Base Standard All single family residential units shall have a minimum of eighty (80) percent of the exterior facade composed of kiln-fired clay brick or masonry stucco, , excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall(including hardi/LP Equivalent materials). Wood, vinyl siding and EIFS materials shall not be used for exterior walls. b.Desirable Design Attributes: None 4. Exterior Facades— Covered Entranceway a. Base Standard Each single family residential unit shall have a covered entranceway of 20 square feet or more.. Ai.P^ t gay '1 - ' fit x ''Pi P i�v r �v Sr 4 ` ttii s.' v"~•wdtw r � � ^""^ '�, ,..«wF """""'.. ,,�* J �v 1� ^,r-� v r � �, & 71. b. Desirable Design Attributes: 50 square feet or larger front entry, or connected wrap-around on two or more sides, or pitched cover incorporated into the roof line of the house. 5. Exterior Facades - Chimneys a. Base Standard Chimney flues may be directed vented. If a chimney is built, fireplace chimneys are to be within a chimney enclosed with masonry matching 1212 1012 IVinimuni Roof e,:Na Pitch, Jlawed 8.12 i:'&2 4:'12 2:'12 exterior walls of the residential unit and capped. b. Desirable Design Attributes: 6. Roofs and Roofing-Roof Pitch a. Base Standard All single family residential units shall have a minimum roof pitch of 6:12. Front elevations shall include shall be 8:12 for architectural gables. Dormers or porch areas may be minimum roof pitches of 4:12. . b. Desirable Design Attributes: None 7. Roofs and Roofing-Roofing Materials a. Base Standard All single family residential units shall have a minimum 25 year shingle. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b. Desirable Design Attributes: None 8. Roofs and Roofing-Roof Eaves a. Base Standard No wood fascia or soffits are permitted. iytv,z * *'7ti;w.s Iiz°~•'a 7 Yv°+.i 'r 1 a r, f , " ' " r✓' d w ram. ro .! t b. Desirable Design Attributes: None 9. Repetition of Residential Unit Designs — Repetition of Floor Plan and Elevation a. Base Standard A minimum of five (5) platted residential lots must be skipped on the same side and three (3) lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b. Desirable Design Attributes: None 10. Garage Entry a. Base Standard Garage doors can be located on the primary street elevation of a single family residential unit with wood grain look insulated door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each garage shall be a minimum of 400 square feet. ra fl if s m ry � r 0titlyc qi -+�^ y fit*' qq kk. Ref ,. .., - .. en..iaU„r✓rv;Sh 5,r4, . s,,3�,s.,_.3 {,..� .. ... ' b. Desirable Design Attributes: None 11. Dwelling Size a. Base Standard The minimum square feet of floor space shall be (15%) of the houses 1,520 s.f. , (30%) of the houses 1,850 s.f. , (30%) of the houses 2,000 s.f. , (25%) of houses 2,500 s.f. or greater measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. 12. Fencing a. Base Standard (1) Front yard fences (if provided) shall be permitted to a height of 4 feet maximum with 50 percent transparency constructed of wood or wrought iron. (2) Side and rear yard fences (if provided) shall be permitted to a height of 6 feet maximum and constructed of wood with metal posts and rails to the inside. (3) Pressure treated wood is prohibited. (4) Fences shall be constructed of wrought iron next to open space, and shall be maximum 6 ft in height. b. Desirable Design Attributes None 0. ti 1404140400icli11111$1014111,1411419P100001101$040111,Wrgill {{1t {fp ya d 1 s� tisilMytitl✓��1� a rms "'Rti 4 is i �' �''i � M b M, . {. +arMm _ q9° 1 Ilfk f GM fit mw 1 b*w'u'YWM"Y,�*T'�Ym'ni roro erygWY q+ YtlMk C" 'N"" 13. Landscaping a. Base Standard (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. b. Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. 14. Outdoor Lighting a. Base Standard All residential dwelling units shall have an illuminated porch light at the front entry. b. Desirable Design Attributes III.GENERAL CONDITIONS FOR TRACT 2: 1.This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2.All regulations of the Single Family 10 District (SF-10) set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011). are hereby replaced with the following: Figure 3-4—Planned Development-Age Restricted Gated Single Family(PD-SF) Lot Size (Minimum) Lot Area (sq. ft.) 5,000 Lot Width (feet) 50 Lot width of corner Lots (feet) 55 Lot Depth (feet) 90 Lot Depth of Double Front Lots (feet) 100 Dwelling Regulations (Minimum Square Footage) 35% of the lots 1,200 or greater 35% of the lots 1,350 or greater 30% of the lots 1,400 or greater Yard Requirements—Main Structures Front Yard setback from Garage 20 Front Yard setback from Porch or Living Area 15 Side Yard(feet) 5 Side Yard of Corner Lots (feet) 10 Side Yard of Corner Lots (feet) on key lots 20 Rear Yard(feet) 15 Rear Yard Double Front Lots (feet) 20 Lot Coverage 60% Height of Structures Main Structure (feet 40 Accessory Structure (feet) 14 IV.SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 50 lots. 2. Key lots are defined as a corner lot which is backing up to an abutting side yard. 3. Three-tab roofing shall not be permitted. 4. No alleys shall be required within the property. 5. Lots which back onto park land shall provide a wrought iron fence of uniform design to be installed by the homebuilder, as approved by the Planning Department. 6. The Development Plan attached as Exhibit"C" shall serve as the Preliminary Plat. 7. Existing trees greater than 6 inch caliper within the flood plain shall be protected in. accordance with City's Tree Preservation Plan. 8. Tract shall be gated with 6 ft. tall decorative black medal fencing with automated drive through gates at entry and walking gates at sidewalk and Hike & Bike trail access. 9. At least one of the occupants per house must be 55 or older. 10. One car garage is required I I. All street in the gated community shall be private and maintained by their HOA. 12. Overhangs from the homes are allowed to encroach into the setback by a maximum of 24 inches. Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Decorative black medal fencing panels or 2 or more different type/color of stone (can be synthetic or cultured). ^ ,, ea/4isd "P,, 'k r', ref M M,w * + � i.K �a . rk rr a&Street Treatments—Street Name Signs a.Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b.Desirable Design Attributes: None Street Treatments—Pedestrian Crosswalks a.Base Standard All crosswalks within a Residential development are to be 7 feet wide at trail crossings and must connect to a pedestrian sidewalk system of stamped colored paving with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b.Desirable Design Attributes: Provide 8 ft. wide, connected system of stamped colored paving at Trail Crossing at Main Entry. Pedestrian Sidewalks - Sidewalk Locations a.Base Standard 5 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b.Desirable Design Attributes: None Mail Boxes a.Base Standard Mail boxes shall be paired at the lot line where applicable and shall provide number plaque and brick to match the resident. b.Desirable Design Attributes: Same stone as house exterior trim to mail boxes. Pedestrian Sidewalks - Sidewalk Lighting a.Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with solar controls on decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. ' latg;..M m dM a. k t g W Win, 4 ++ Y'.P A1M" ry A r. b.Desirable Design Attributes: None Perimeter Alleys a.Base Standard No Alleyways are required for the subdivision. b.Desirable Design Attributes: None D. Architectural Standards—New Residential Requirements Building Bulk and Articulation a.Base Standard In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 25 percent of the façade shall be offset a minimum of 2 feet either protruding from or recessed back from the remainder of the façade. b.Desirable Design Attributes: None House Numbers a.Base Standard All single family residential units shall have lighted front stone wall plaque with resident address beside the main entry of the dwelling unit. b.Desirable Design Attributes: None Exterior Facade Material a.Base Standard All single family residential units shall have a minimum of 20 percent stone or decorative brick accent, excluding windows, doors and other openings. Glazing shall not exceed twenty-five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. b. Desirable Design Attributes: None Exterior Facades—Porch a.Base Standard Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 140 total square feet of floor area. To enhance livable outdoor space front porches shall be a minimum of 50 s.f. with railings, columns or other architectural features for all dwellings that have front facing garages with cedar doors. Desirable Design Attributes: 50 square feet or larger front entry, or connected wrap-around on two or more sides, or pitched cover incorporated into the roof line of the house. Exterior Facades - Chimneys a.Base Standard Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped. b.Desirable Design Attributes: Fireplace chimneys shall incorporate 40 percent stone, matching the accent exterior façade materials of the house for houses with Chimneys. Roofs and Roofing-Roof Pitch a.Base Standard All single family residential units shall have a minimum roof pitch of 8:12, with ,2:12 101a Ian►mum Roof 12 Pitch Allowed 8:12 59? 4h articulation, dormers or a combination of hip and gable roofing. b.Desirable Design Attributes: None Roofs and Roofing- Roofing Materials a.Base Standard All single family residential units shall have architectural-grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. b.Desirable Design Attributes: None Roofs and Roofing- Roof Eaves a.Base Standard No wood fascia or soffits are permitted. b.Desirable Design Attributes: None Repetition of Residential Unit Designs—Repetition of Floor Plan and Elevation a.Base Standard A minimum of 4 platted residential lots must be skipped on the same side and 2 lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. b.Desirable Design Attributes: None Garage Entry a.Base Standard Garage doors can be located on the primary street elevation of a single family residential unit with wood grain look insulated door with carriage hardware. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. a.Desirable Design Attributes: None Dwelling Size a.Base Standard The minimum square feet of floor space shall be (35%) of the houses 1,200 s.f. , (35%) of the houses 1,350 s.f. , (30%) of the houses 1,500 s. for greater measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. Fencing a.Base Standard -Front yard fences (if provided) shall be permitted to a height of 4 feet maximum with 50 percent transparency constructed of wood or wrought iron. -Side and rear yard fences (if provided) shall be peiiiiitted to a height of 6 feet maximum and constructed of wood with metal posts and rails to the inside. -Pressure treated wood is prohibited. -Fences shall be constructed of Decorative black medal fencing next to open space, and shall be maximum 6 ft in height. b.Desirable Design Attributes None Landscaping a.Base Standard -Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 2 trees and 5 shrubs in front yard. -All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. b.Desirable Design Attributes Each residential dwelling unit shall have an automated, subsurface irrigation system. Outdoor Lighting a.Base Standard All residential dwelling units shall have an illuminated standard porch light at the front entry and drive/garage. b.Desirable Design Attributes Front facade and drive/garage shall be illuminated by down-light (tree or house mounted) or up-light (house mounted), and front and side yard activity area illuminated and wired to the interior of the house. Conservation/Sustainability a.Base Standard Each residential dwelling unit must comply with the Energy component of the Building Code. Each residential dwelling unit shall be equipped with Energy Star appliances. b.Desirable Design Attributes None GENERAL CONDITIONS FOR TRACT 3: This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. Figure 3-4—Planned Development- Age Restricted Multifamily (PD-MF-AR) Building Regulations Minimum Square Feet 10,000 Square Feet Minimum Parking Spaces 55 Spaces Roof Pitch 5/12 Dwelling Regulations Minimum Sq. Ft. per Unit 315 sq. ft. Maximum Density 80 Units Height of Structures Main Structure Max 3 Story Accessory Structure (feet) 20 V. SPECIAL CONDITIONS: At least one of the occupants per house must be 55 or older. Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Wrought iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). walk w'�a F+;��;Po uk�«k5w.:: Street Treatments—Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None Street Treatments—Pedestrian Crosswalks a. Base Standard All crosswalks within a Residential development are to be 7 feet wide at trail crossings and must connect to a pedestrian sidewalk system of stamped colored paving with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. Desirable Design Attributes: Provide 8 ft. wide, connected system of stamped colored paving at Trail Crossing at Main Entry. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard 5 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: None Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all. Residential Developments, providing low illumination with solar controls on decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. * -: , _ 1 4. ,3 r f t $?4 ; b. Desirable Design Attributes: None Fencing a. Base Standard -Front yard fences (if provided) shall be permitted to a height of 4 feet maximum with 50 percent transparency constructed of wood or wrought iron. -Side and rear yard fences (if provided) shall be permitted to a height of 6 feet maximum and constructed of wood with metal posts and rails to the inside. -Pressure treated wood is prohibited. -Fences shall be constructed of wrought iron next to open space, and shall be maximum 6 ft in height. b. Desirable Design Attributes None Landscaping a. Base Standard -All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. GENERAL CONDITIONS FOR TRACT 4: This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. Figure 3-4—Planned Development- Assisted Living & Memory Care (PD-MF-AL) Building Regulations Minimum Square Feet Per Building 4,000 Square Feet Number of Separate Building 4 Minimum Parking Spaces Per Building 10 Roof Pitch 5/12 Dwelling Regulations Minimum Sq. Ft. per Unit 315 sq. ft. Maximum Density per Building 15 units per building Height of Structures Each Structure 1 Story Accessory Structure (feet) 20 Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Wrought iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). 7 a~ 4, a r d 'rrm ' § ' dr' +ti n a: M pay* fi:` " . :., :.3' �:* t...„ ,+edam•,w, ��a`. `,re ., rc'ti, ,.$a,a ,�a,� Street Treatments—Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None Street Treatments—Pedestrian Crosswalks a. Base Standard All crosswalks within a Residential development are to be 7 feet wide at trail crossings and must connect to a pedestrian sidewalk system of stamped colored paving with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. Desirable Design Attributes: Provide 8 ft. wide, connected system of stamped colored paving at Trail Crossing at Main Entry. Pedestrian Sidewalks - Sidewalk Locations a.Base Standard 5 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b.Desirable Design Attributes: None Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with solar controls on decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in. an effort to achieve the best lighting arrangement possible. t r � i, yt - as 1 li. n(Ya n rr k ' f, is r r# �� b. Desirable Design Attributes: None Landscaping a. Base Standard -All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. GENERAL CONDITIONS FOR TRACT 5: This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. Figure 3-4— Planned Development- Church Church Regulations Minimum Square Feet 10,000 Square Feet Minimum Parking Spaces (l Oft x 20ft) 40 Height of Structures Each Structure 1 Story Accessory Structure (feet) 20 Street Treatments—Entry Features and Signage at Entries a. Base Standard Architectural features on stone monument (no brick) with landscaping and incorporated into open space area and illuminated by means other than street lights. b. Desirable Design Attributes Wrought iron accent panels or 2 or more different type/color of stone (can be synthetic or cultured). RM ' ° w • kek »�dz"t S'�rf2Y +f Ff"f'I°efCF ' #',W I ,; Street Treatments—Street Name Signs a. Base Standard Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. b. Desirable Design Attributes: None Street Treatments—Pedestrian Crosswalks a. Base Standard All crosswalks within a Residential development are to be 7 feet wide at trail crossings and must connect to a pedestrian sidewalk system of stamped colored paving with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. b. Desirable Design Attributes: Provide 8 ft. wide, connected system of stamped colored paving at Trail Crossing at Main Entry. Pedestrian Sidewalks - Sidewalk Locations a. Base Standard 5 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right-of-way of every internal street. b. Desirable Design Attributes: None Pedestrian Sidewalks - Sidewalk Lighting a. Base Standard Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with solar controls on decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. 401 Y # K } illk: �7`re� ~ v �' F h wM b. Desirable Design Attributes: None Fencing a. Base Standard -Front yard fences (if provided) shall be permitted to a height of 4 feet maximum with 50 percent transparency constructed of wood or wrought iron. -Side and rear yard fences (if provided) shall be permitted to a height of 6 feet maximum and constructed of wood with metal posts and rails to the inside. -Pressure treated wood is prohibited. -Fences shall be constructed of wrought iron next to open space, and shall be maximum 6 ft in height. b. Desirable Design Attributes None Landscaping a. Base Standard -All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. 02013 Westwood Professional Services, Inc. DEED DESCRIPTION 0 7a a o BEING a 61.989 acre tract or parcel of land situated in the Francisco De La Pina Survey, m n m nsh o Abstract No.688 in the City of Wylie, Collin County, Texas, and being comprised of the aj HS FARMERS ELECTRIC COOPERATIVE INC. following tracts of land; a 1.500 acre tract of land conveyed to DOT MARIE KREYMER iiiiii ef: :sti iii / I co Street m FILE No. 97-001/472 recorded in Volume 5066, Page 02965, Collin County Deed Records, Collin County, Texas, a d:II D.RCOT. 3.465 acre tract of land conveyed to Crosscountry Villas, LLC, a Texas limited liability aocompany recorded in Clerks File No. 20131120001562630, Real Property Records, Collin ALV/NV. B/TTNER County,Texas, a 36.61 acre tract of land known as Tract I, a 0.49 acre tract of land known 1�I N 14'54 40 E 235.02 CA ° Volume 5A45 Page1388 / „� z as Tract II both Tracts of land conveyed to CROSSCOUNTRY VILLAS, LL.C., a Texas limited E Stone Drive �' S +� m liability company recorded in Clerk`s File No. 20110812000853240, Real Property Records, DRCCT 41:::!! / / �5'1 / '34ifi.;„ N Collin County,Texas, a 4.00 acre tract of land conveyed to Crosscountry Villas, LLC SUBJECT 89 recorded in Clerk's File No. 20130524000716080, Real Property Records, Collin County, :14 GRAPHIC SCALE 1"-100' o / -TRACT '�,,, $75. �' v'29' Texas, a total of 13.1309 acres of land and being Tract I (3.00 acres) and Tract II (10.1309 =_ gloms Once m / �+ 1 1 0p„e acres) conveyed to ROBERT KREYMER and wife, PHYLLIS KREYMER recorded in Volume 100 0 100 200 im __ 4 9.07+ !:, 2967, Page 275, and being a part of a 10.1309 acre tract of land known as Tract I and a part qf of a 3.00 acre tract of land known as Tract II conveyed to ROBERT KREYMER AND WIFE, sit a PHYLLIS KREYMER Recorded in Volume 2967, Page 268, Deed Records, Collin County, MARIO A. FRIASf:::4;;;;;;;;;;;;;;;;:44:::,,1,4,airal. 471. ' ,I ''=t, {, ; <<I„„+,,,,=1,rq:r Texas and being more particularly described as follows: VICINITYil MAP tt, .4 , ,,,_, ;t., PARKAAOSA LTD. /NSTRUMENTNo. , ,,,=,t=,, - _, , > ,_ , t' ` _ ' _ ``? 4," BEGINNING at the southeast corner of that tract of land described toVillas, NOT TO SCALE _, �,,=t t,1 t= . : ,,,=I x,y, Crosscounty to:::, 090400f096030 _\ ,(�` 'ii ='' ;, rLi"I =, INSTRUMENT No. 2012 �I "` .` _, °'�,j)<tj�4, %3=y s�;=' ,{_ °t 'sa,;, ' I LLC recorded in Clerk's File No. 20131120001562630 and being in the approximate DROCT N �"�- ,L?g;�;ttE,,`1< 05,, Irl;r,�< s.�,,,,,,0�r ,, 0, ^e 20081217001420970 � , ,l'tr'Y ,=fk ,,t tF'sy, ' 7,`'°%= centerline of CountyRoad 382; Pr) "-- ',tn' '`` ' '� �5�i1 x,', ;, ,_ °i)o ,�u`r ,8'{ h.r„ 57, 4,,'.'i(,L , ' { ,` , t, ,,.,'' ,k�Kl! ORQC,T. in ,' ;'; _' 1V4Wn,r�' r�y<� `tv ,J',:"Sr, ,''}�n',R'rr;�.,,,a,)'; "rfi ,,,tt E,5 9 , j�`ry ,= , r THENCE North S9 degrees 34 minutes 52 seconds West, a distance pf 427.87 feet along Li ,t;,'3,., �.`•. ; T T A the south line of said Crosscounty Villas, LLC to the southeast corner of that tract of land 3";fir t,„ eDcre et described to CROSSCOUNTRY VILLAS L.L.C., recorded in County Clerk's file No. "ACT 2 = t'k g `r 201181200053240 Real Property Records, Collin Count Texas; d, :• are t 855 • : ,� P Y y, GARNER LEWIS KOCH " e° ". ' '' NT NcT __�$ "°� L/�, ' „a,�a¢ . N THENCE along the southerly and westerly line of said CROSSCOUNTRY VILLAS L.L.C. tract :•7$qu: a �- mc ;�% ,c 2432 -D AE• DE >z`,'s=, .V ,'' ', o the following courses and distances: Volume 5733, Page ,`eak., ',,IIb = TE` >'```!t`, �,,` =:,If,`,( , ' ; �,,t;t, ,t ,,, D.RCC.T Z' ' ``;3,t'r "hk ill:::; i,r=={,,,_; �' N + �t'=,, t",�,y` ,''t'=="I''�'' t:i,<',' ` ''� _ `' "_=,''"t`i' o South 89 de rees 52 minutes 06 seconds West, a distance of 295.63 feet; w i L<& „i ,,`.:1,7, ',, t=t;>#'3�r r ir;i,,'r;y,rtt = �t7 • �� _ `_�^i `,",V, '='=v," gel " ==i North 89 degrees 18 minutes 02 seconds West, a distance of 804.71 feet; ,114 j Q S88 45 00 E 195.20 `�-- stain ed "t = t,,<<._, .; �o Stamped g a P ,,,,�,",f i, k ,.'r"°sa ,,i ';,, to Decorative Q 4t+wwzi.nn �.. mac Oecorative ',`. '�",;"ir'� '=�" `�ir;'<<' s g Concrete „,., ,i,', wpm .`" Concrete South 89 de rees 52 minutes 38 seconds West, a distance of 679.48 feet to the Uadei „ t,t _ �", ','za A"6 m,a ,oiN '1'°'' southwest corner of said CROSSCOUNTRY VILLAS L.L.C. Tract; D.A. HORTON TEXAS ' " IV f"`"�amz,�t '' �ra�«rxv' arxNn'svdz 'vwp. Q North 00 degrees 21 minutes 29 seconds West a distance of 648.73 feet; INSTRUMENT No. - - sp. "' a4b., o „ +N _,_,_ _,,,� N&8"54'17"W 544.06 �( _- 20040625000944180 "" "F4u s.+"'t P" South 89 degrees 43 minutes 13 seconds East, a distance of 263.10; vCC a„.v�,tmmrada .. DRCCT. _, r / North 00 degrees 16 minutes 47 seconds East, a distance of 118.84; NO1'16'47"E 210.47' y g TODD and KIM BRA MMER LARRY DALE South 89 degrees 43 minutes 13 seconds East, a distance of 414.86; r"VI fesfMtimomatottOkrein,0004,0,0 ,A '/} McDONALD TODD and KIM BRA MMER INSTRUMENT No. 20070608000779090 ' North 00 degrees 16 minutes 47 seconds East, a distance of 210.47; Mill DRCCT. INSTRUMENT No. DRCCT. 44 - - South 89 degrees 45 minutes 00 seconds East a distance of 195.20 feet to the -- 20070608000779090 southwest corner of aforementioned 10.1309 acre Tract II conveyed to ROBERT Foolv N JOE and AMY OROOT $$$'43' 13"E 414.86' 0 KREYMER and wife, PHYLLIS KREYMER recorded in Volume 2967, Page 275, Deed j d Records, Collin county,Texas; TOLLESON NO1 ' 16'47"E 118.84'�I FILE No. 98-0129831okepers DANIEL A. RUSHING THENCE North 00 degrees 14 minutes 16 seconds East, a distance of 532.19 feet along the DRCCT / 41111/ west line of said KREYMER tract and the west line of aforementioned KREYMER 10.1309 INSTRUMENT No.' *41 ee. / C'3 acre tract conveyed in Volume 2967, Page 268, Deed Records Collin County,Texas; S88'43i_13"E 263. 10' - F ,7f2rnoo122oaoo7o150J 11.41 DRCCT. THENCE over and across said KREYMER 10.1309 acre tract and the 3.00 acre tract ✓OHN A, and D/RNA K. conveyed in Volume 2967, Page 268, Deed Records Collin County, Texas; FILENoYA96-0070802 J4 A.4.41 teen saksoshootsinsowos.kow ,;$ ar LLtaw TRACT 4 / ill TOUCHSTONESouth 76 degrees 11 minutes 00 seconds East, a distance of 419.07 feet; I A. eaD.RCOT. P-S StaV IV 1,92t,A95 = e Feet J *111 -- 1�OADI North 13 degrees 54 minutes 40 seconds East, a distance of 235.02 feet; RESID' TIAL1Stamped/ THENCE South 76 degrees 11 minutes 34 seconds East a distance of 899.29 feet to the --- I I -- - Decoratvenortheast corner of herein described tract and being in the approximate center of County / I 1Concrete 1 5 Road 382; 1 TRACT 5 IABBY GAY SANDOVAL t57 AcresCO IVolume 5780, Psge 715 ' 6$6055quare Feetlikliell ilia W THENCE along or near the center of County Road 382 and the easterly lines of the DRCOT. NDCHURCH SITEa€AAATAA s following: all aforementioned KREYMER tracts recorded in Volume 2967, Page 268, ,4 4 / . M Volume 2967, Page 275 and Volume 5066, Page 2963, Deed Records, Collin County, Texas, IIIIIIIIr 41. / (,() 2 6 and all aforementioned CROSSCOUNTRY VILLAS L.L.C. Tracts recorded in County Clerk's GUY L. and ELA/NE `Olia NORT BAYFiles No.'s 20130524000716080, 20131120001562630and 20110812000853240 of the CATES Lil • 4. _- Real Property Records of Collin County, Texas; NW t IJjJVolume 5, 'age 15INSTRUMENT No M a` 3DRCCT7South 00 degrees 00 minutes 58 seconds East, a distance of 449.46 feet; il 9ic074, id �, li a20070627000881390 00 ;;�� TX a 4¢ .% - - tp South 00 degrees 08 minutes 20 seconds West, a distance of 474.02 feet; CI D.ROCT. O� _ � . r"fr t Vw+43,44• �-'- I ----------- --- -9 °„ r ..0 6•44osintoospvxoptikowm4a,sf044:00a,,,,Kgovosznykywfm, ay _ THENCE South 00 degrees 06 minutes 57seconds West a distance of 506.81feet to the Z r �� `$ �' n{ ¢ dick St,/ POINT OF BEGINNING and containing 61.990 acres more or less. tinON •M l,� ,4,0•3�>+n ;bt k.�" "C ' U .t1 \ 4 8 �' t� y' rta ° oa T✓F1Wn..,smx; �n.ssa .,an:wm,u .w IIIIMIIMIMINI d ° Nx ..maw. w ,. .,es t8 s _ _ -_ _ . __ _ _ _ - -- 401, oHILLTOP pi( )'OP 44444400 (' ' u�th,� „„ . „w: ) CIRCLE 1 V ° W ,6 - _,. -. w ._ _ fn & % ' t i I IOHN and YANYU DUAN ° I MI 3 INSTRUMENT No. N89'07'22"W 679.48' - CONCEPT PLAN - 2ot3123000rssa25o N88' 18'02' W 804.71 N89'07'54"W 295. 3' N88'34'52"W 427.87' "`�` OF DRC KREYMER MEADOWS CT. 36 OUT OF THE --- FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688 CHAD MEREDITH PACK ARD WILLIAM J. HUBENY AND KATHLEEN M. KERIN 35 IN and BETHANY LYNN PACKARD PHYLLIS J. HUBENY Volume arro, Page 1994 CARAOL CALVIN HOLLEY PRANCES MORGAN WESLEY G. JONES NORTH BAY ESTA :S COLLIN COUNTY, TEXAS and BEVERLY KA Y HOLLEY INSTRUMENT No. F/LE No. 96-0017643 BEG/NNING PHASE2 OWNER: ROBERT B. KREYMER FILE No. 93-0093792 FILE No. 91-0067883 D.RC.OT. Volume Page2387, 828 2008013/000122560 2605 East Stone Road DRCCT D.RCCT DRCCT DRCCT. OROCT I DRCCT. - 34 Wylie, Tx. 75098 TEL: 214-850-1540 robe rtk reymer@ya hoo.corn DEVELOPER: DOUGLAS PROPERTIES INC. 2309 Avenue K, Suite 100 Plano, TX 75074 TEL: 972-422-1658 jim.douglas pro pserties@g mai l.com ENGINEER/SURVEYOR: 2740 North Dallas Parkway rifial TIPTON ENGINEERING Suite 280 Plano, Texas 75093 a division of Westwood (214) 473-4640 Firm No F 11756 APRIL 29, 2014 0003172 City Concept Plon-1 dwg S DOUG PROPERTIES, I C. 2309 Avenue K,Suite 100 Plano,Texas 75074 972-422-1658 Office 972-516-2254 Fax douglas.properties@yahoo.com To: Renae 011ie, Zoning Application Withdrawal Douglas Properties, Inc. as the Applicant and Jim Douglas as the representative for Zoning Case No. 2014-02 on 62 Acres, is withdrawing the zoning application. Sincerely, Jim Dougl July 7, 201 APPLICATION FOR A CHANGE IN ZONING . nttittc Case No. t`PEE ISE TYPE OR PRINT The Fofowirird information Supplied By The Applicant: nt cr° Address: _..... _... Emil: ImnoulF CLIgmail.corn Cu) State: rate Telephone: ` Fax: in ("len Siiriature€f s,u' nt The Followine Information Supplied Hs The Owner: 1 i Nam ; Address: P_m ° .__. .. ... ' �... . ..�.. _.________ City: re spIT Telephone: ._ ' r: l Ain The Owner Of The Herein ri op rt .And dim Qaggism_ .................... _m_ 1 Is authorized To File This° pplictia n nMs Behalf: Signature of Owner Location Request: °,:E 1`1 A 500 L,a:..a ,.. 0E Ei..;P d..... .." ; .m.::. �. Existing Zoning: Ct.JL LF Ale Acreage *Requested Zoning: -7::L a a , ;g LT: 4 ?.gi rCqUeSZi&IA .tie the reelecsleed ara•"i 1.new..ether dIsmee. the&°.;wore restne e ewe,t gcbrernr.res.land use and hea;ht. t? i.sitar-prim,og the ur,,,: 71,whiz:,:: Tar,,a,':erata"r v re,wce 8 e aast be co,meeteed e;-°F;CC1ir 1i'. and acta ea hereto The descradague tea 1 s:;craadc the.3t5:a: crth arre a r the ear t e,:"; ume K.s Cron the dtcwrest @ixtersC:t gli Of stree>^c:tttects. :}R rmi.roz,P+24 --?„4,C: l c cg i dttc Date Filed: Receipt No.: '��..........m.._ ... _ _ Penchi-Id Plat:,_ 7 ., Wylie City Council CITY OF WYLIE AGENDA REPORT Meeting Date: July 8, 2014. Item Number: 2. Department: Public Art Board (City Secretary's Use Only) Prepared By: C. Ehrlich Account Code: Date Prepared: 7-1-201.4 Budgeted Amount: $41,320 Contract/Final Art Design Sid Exhibits: Henderson/Previous Work/Resume Subject Consider and act upon approval of a contract between artist Sid Henderson and the City of Wylie, not to exceed $41,320, to commission the final art design for the Public Safety Building Public Art Project. Recommendation Motion to approve a contract between artist Sid Henderson and the City of Wylie, not to exceed $41,320, to commission the final art design for the Public Safety Building Public Art Project. Discussion The Public Art Advisory Board met in June to discuss and recommend a final art design and budget from the Public Art Fund to commission a sculpture for the Public Safety building. PAAB created a committee including board members Anne Hiney, Gaynell Reed, Lisa Green and staff members Police Chief John Duscio and Fire Chief Randy Corbin to oversee the submissions and design of the art project. Staff liaison Ehrlich contacted both Police Chief Duscio and Fire Chief Corbin to determine what type of theme the art was to portray. Both chiefs requested a bronze with both a fire fighter and police officer. The board and committee chose artist Sid Henderson and worked with the artist to finalize the general design. To save costs the sculptures were placed side by side. The committee assisted the artist with the positioning of the officers and some general details. Fine detail was difficult due to the two foot in height of the maquette. The final detail and design will be submitted to the committee once the 6 foot wax sculpture is created and prior to bronze fabrication at the foundry. The budget for this project was originally set at $30,000 however with the re-design of two individual officers and raising the height from 5 feet to 6 feet, the cost increased to $41,320. This cost is still well below the normal cost for a sculpture of this size and detail in bronze. Profits from past art events were used to fund this project. Additional costs included in the contract are: shipping and crate costs, installation equipment and travel for the artist to be on hand for both the installation and dedication of the art. Base design is being handled by City Engineer Chris Hoisted, Construction Manager Shane Colley, and Chiefs Duscio, Blythe, and Corbin. The sculpture will face the public safety building, in front of the entrance and behind the drive and sidewalk. The city attorney has reviewed the contract as to form. Page 1 of 1 AGREEMENT BETWEEN THE CITY OF WYLIE,TEXAS AND SID HENDERSON FOR THE FABRICATION AND INSTALLATION OF THE PUBLIC ART PROJECT AT THE WYLIE PUBLIC SAFETY BUILDING, 2000 N. STATE HIGHWAY 78 WYLIE,TEXAS 75098 Made as of the 8th day of July, 2014: Between City: City of Wylie Texas 300 Country Club Road Wylie, Texas 75098 and Artist: Sid Henderson • 1917 N. Woodland Road Tucson, AZ 85710 for the following Project: Fabrication and Installation Assistance of the Public Art Project at the Wylie Public Safety Building THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Wylie, Texas, a Texas home-rule municipality ("City"), and Sid Henderson, individually ("Artist"), to be effective from and after the dated as provided herein. City and Artist are sometimes referred to collectively as the"parties"or individually as a"party." WHEREAS, City desires to engage the services of Artist to fabricate and install a bronze " rk" in connection with the Public Art at City's Public SafetyBuilding sculpture ("Artwork") Projectty p installed in the location designated byCityon property located at which shall be instal e ("Project"), g p p tY 2000 North State Highway 78, Wylie, Texas 75098 ("Public Safety Building"); and WHEREAS, Artist desires to render fabrication and installation services for City on the terms and conditions provided herein. NOW,THEREFORE,KNOW ALL PERSONS BY THESE PRESENTS: Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 1 of 20 648279.1 in herein, n f rthe mutual benefits to be That for and in consideration of the covenants containedand o u obtained hereby and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE 1 ARTIST'S SERVICES 1.1 Employment of Artist — City hereby agrees to retain Artist to provide the Services (hereinafter defined) set forth herein in connection with the Project. Artist agrees to perform such Services in accordance with the terms and conditions of this Agreement. 1.2 Scope of Services — The parties agree that Artist shall provide the Services and deliverables that are set forth and described in the Scope of Services, attached hereto as Exhibit "A" and incorporated herein by reference for all purposes ("Scope of Services"), and shall furnish all personnel, labor, equipment, supplies and all other items necessary to provide all of the Services and deliverables as specified by the terms and conditions of this Agreement (collectively, "Services"). The parties understand and agree that deviations or modifications to the Scope of Services, in the form of written change orders, may be authorized from time to time by City ("Change Order(sr). Artist shall not perform any "extra" work and/or additional services without a duly executed, written change order issued by the Wylie City Manager or authorized designee. 1.3 Schedule of Work — The Artist agrees to commence work immediately upon execution of this Agreement and receipt of first payment, and to proceed diligently with said work to completion as described in the Completion Schedule/Project Billing/Project Budget, attached hereto as Exhibit "B" and incorporated herein by reference for all purposes. Exhibit "B" can be amended only upon the agreement of both Parties. Any delays caused by foundry or transportation of the Artwork that are not caused by Artist shall be good cause of amendment of the project schedule as set forth in Exhibit "B". Notwithstanding anything herein to the contrary, fabrication of the Artwork shall be completed no later than March 15, 2015. The Artwork shall be delivered on March 15, 2015 or reasonably promptly thereafter, as determined by City in its sole discretion. The Artwork shall not be delivered to the Public Safety Building before City sends a written request to Artist for the delivery ("Request for Delivery") and after all portions of the base construction have been completed by City. Delivery and full installation of the Artwork shall be completed within fourteen (14) days of the City's Request for Delivery. ARTICLE 2 CITY'S RESPONSIBILITIES City shall use reasonable efforts to not delay the Services of Artist as follows: 2.1 Project Data — City shall furnish required information that it currently has in its possession, as expeditiously as necessary for the orderly progress of the work, and Artist shall be entitled to rely upon the accuracy and completeness of the information furnished by City under this Article 2.1. Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 2 of 20 648279.1 2.2 City Project Manager — City shall designate, when necessary, a representative authorized to act on City's behalf with respect to the Project ("Project Manager"). City or the Project Manager shall examine the documents submitted by Artist and shall render any required decisions pertaining thereto as soon as practical so as to avoid unreasonable delay in the progress of the Services. ARTICLE 3 ARTIST'S COMPENSATION 3.1 Compensation for Artist's Services — As described in "Article 1, Artist's Services" of this Agreement, compensation for this Project shall be on a lump sum basis, in an amount not to exceed Forty One Thousand Three Hundred Twenty and No/100 dollars ($41,320.00) ("Artist's Fee"), and will cover all Services to be rendered and materials to be provided in accordance with this Agreement. Artist's Fee shall be paid in accordance with this Article 3 and the Completion Schedule/Project Billing/Project Budget as set forth in Exhibit "B". The final fifteen (15) percent of the Artist's Fee, or Six Thousand One Hundred Ninety Eight and No/100 dollars ($6,198.00) ("Final Payment"), shall not be paid to Artist until Artist has completed, delivered and installed, as applicable, all of the Artwork, Services and tasks described in Exhibits "A" and "B" to City's satisfaction. If Final Payment is not received within sixty (60) days of City's receipt of the final invoice, and Artist has fully performed its obligations as set forth herein, City shall be assessed interest on any past-due amount at a rate of twelve (12) percent per annum. 3.2 Invoices — No payment to Artist shall be made until Artist tenders an invoice to City. Payments are payable to Artist within thirty (30) days from the date of invoice as long as the invoice is mailed to City within three (3) days of the date of the invoice. Invoices are to be mailed to City immediately upon completion of each individual task listed in Exhibit "A". If any invoice remains outstanding and unpaid for more than sixty (60) days from the date of invoice, and Artist has fully performed its obligations as set forth herein, Artist has the option upon written notice to City, to suspend all work specified under this Agreement until the account is brought current. Continued performance and/or completion of work byArtist under this g P Agreement shall resume upon the payment of the earned fees by City. 3.3 Failure to Pay—Failure of City to pay an invoice, for a reason other than cause, to Artist within sixty (60) days from the date of the invoice shall grant Artist the right, in addition to any and all other rights provided, to, upon written notice to City, refuse to render further Services to City and such act or acts shall not be deemed a breach of this Agreement. City shall not be required to pay any invoice submitted by Artist if Artist breached any provision(s) herein. 3.4 Adjusted Compensation —If the Scope of Services for the Project or if the Services are ' adjusted as •' 11 changed bywritten change order, the Artist's Fee shall be equitably materially Y g gq Y approved by City in its sole discretion. Any additional amounts paid to Artist as a result of any material change to the Scope of Services for the Project shall be agreed upon in writing by both parties before the Services are performed. 3.5 Project Suspension — If the Project is suspended or abandoned, in whole or in part, by City for more than three (3) months, Artist shall be entitled to compensation for any and all work Agreement for Public Safety Building Public Art Project-Ski Henderson,Artist Page 3 of 20 648274.1 1 completed to the satisfaction of City in accordance with the provisions of this Agreement prior to suspension or abandonment. In the event of such suspension or abandonment, Artist shall deliver to City all finished or unfinished Artwork, documents, data, studies, surveys, drawings, maps, models, reports, photographs and/or any other items prepared by Artist in connection with this Agreement prior to Artist receiving final payment. If the Project is resumed after being suspended for more than three (3) months, the Artist's compensation shall be equitably adjusted as approved by City in its sole discretion._Any additional amounts paid to Artist after the Project is resumed shall be agreed upon in writing by both parties before the Services are performed. ARTICLE 4 OWNERSHIP A 1 COPYRIGHT 4.1 Ownership of Work—Upon completion, the Artwork and the Project shall be the sole property of City, and Artist shall not make any duplicate work of the same or substantially similar size, nor shall,Artist grant permission to others to do so except with the written e which are to copies of theplans and the ma u tte permission of City. Cityshall be entitled P q n with the developmentp and fabrication of the Project under this Artist in connection b tst J prepared Y he ment oft Cityupon fulla Agreement. The ownershipof the Artwork shall be transferred to P Y Artist's Fee as set forth in Article 3.1 of this Agreement. 4.2 Ownership of Copyright - Artist shall retain the copyright to the Artwork. Artist shall take all steps,at his own expense,to protect the copyright of the Artwork. 4.3 License to City Artist irrevocably grants a license to City, its employees, representatives, officers and agents, the right to- make photographs, two dimensional reproductions, and adaptations of the work for educational, public relations,arts promotional and other non-commercial purposes. For the purposes of this Agreement, the following, among others, are deemed to be reproductions and/or-adaptations for non-commercial purposes: reproduction in exhibition catalogues, websites, books, slides, photographs, postcards, posters, and calendars; in magazines, books, art and news sections of newspapers; in general books and magazines not primarily devoted to art but of an educational, historical or critical nature;slides, videos and film strips not intended for a mass audience, and television from stations operated for educational purposes or on programs for educational and news purposes from all stations. 4.4 Copyright Notice - City undertakes to use its reasonable efforts to include in any reproductions which it makes of the Artwork a copyright notice in the following form: "Copyright Sid Henderson, Artist" 4.5 Representations and Warranties Re arding Copyright — Artist represents and warrants that the Artwork is an original creation of Artist and will not infringe the copyright, trademark or other intangible rights of any third party. `TICLE 5 FABRICATION Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 4 of 20 648279.1 5.1 Specifications — Artist will fabricate the Artwork, or cause it to be fabricated, in p substantial conformity with the design approved by City as set forth in Exhibit "A". 5.2 Changes — Any significant changes to the Artwork by either Artist or as requested by City will be approved in writing by the other party. For purposes of this Agreement, a "significant change" will mean any change, including but not limited to, a change in the scope, design, color, size or material of the Artwork, which affects cost, installation, site preparation, maintenance and concept as represented in the design described in Exhibit "A". If Artist wishes to make a significant change to the Artwork, he must request written approval from City of the change in writing at the address provided in Section 14. City will provide a written response within thirty (30) calendar days. Timelines under Section 1.3 will be extended by the number of days missed while awaiting said response. 5.3 Review, of the Artwork — City will be given access to the Artwork during reasonable business hours at Artist's or fabricator's studio in order to review the Artwork and Artist's or fabricator's progress with fabrication of the Artwork. Alternatively, City may request and shall be given photographic documentation of Artist's progress. 5.4 Notification of Fabrication Completion —Artist will notify City in writing pursuant to Section 14 when the Artwork is completed and ready for delivery. Designated representatives of City will have the opportunity to inspect the Artwork under Section 5.3 for conformity with the design and structural requirements prior to delivery and to give written approval or disapproval of the Artwork for thirty (30) business days following notice from the Artist. As an alternative to the studio inspection, photographic documentation may be submitted to City upon completion of the Artwork. Preparation of Site — Due to the nature of the Project's site and installation of the Artwork, cooperation from Artist is required. Artist will provide City with the specifications and drawings for the specific area at the site where the base of the Artwork is to be installed. Artist is responsible for obtaining and forwarding to City design drawings and calculations for the installation of the Artwork. The drawings will illustrate the Artwork's design and weight and its connection to the base. City will then use those drawings for review by the City Engineer and completion of the base design. 5.5 Warranty of Craftsmanship—Artist warrants that the Artwork will be free of defects in workmanship and materials. In the event that any defects become apparent in the workmanship or materials within five (5) years of the execution of this Agreement, Artist will remedy any defects at Artist's sole cost and expense provided that City has followed and documented the maintenance procedures detailed in Exhibit"A". ARTICLE 6 STORAGE 6.1 Storage — Artist shall be solely responsible for any and all necessary storage and transportation costs associated with this Agreement as provided by the mutually agreed delivery and installation timetable. If, for reasons outside the control of Artists, there is a delay in Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 5 of 20 648279,1 installation, City will store the Artwork at a secure City facility. If the delay in installation is cause by Artist, Artist will be responsible for the costs of storage. Artist will be on site at time of delivery of the Artwork. ARTICLE 7 FINAL APPROVAL OF ARTWORK 7.1 Final Approval — Within ten (10) business days after the permanent installation of the Artwork, City will inspect the Artwork to determine whether it conforms to all of the requirements of this Agreement. If City finds that any aspect of the Artwork is not in conformance with this Agreement, City will notify Artist in writing within seven (7) business days of the inspection. Artist will have an opportunity to address and cure any defects, requests or concerns of City within fifteen (15) days of the date of City's notice provided pursuant to this Article 7. ARTICLE 8 INTEGRITY OF THE WORK 8.1 Repairs, and Maintenance — City shall exercise reasonable care to protect, repair and maintain the Artwork. Artist agrees to cooperate with and advise City in connection with any such non-routine maintenance, including, without limitation, damage by acts of God, vandalism, conservation and/or replacement of any portion of the Artwork to the extent that he is able to do so. During Artist's lifetime, City will not undertake any non-routine maintenance on the Artwork without attempting to consult with Artist or his authorized representative unless an emergency requires City to do so. 8.2 Relocation of the Artwork — To the extent that the Artwork is capable of being relocated, City shall have the right to do so. If feasible, City shall attempt to consult with Artist concerning the relocation of the Artwork prior to any such relocation; however, Artist's approval is not required for the relocation, if any. If Artist is not pleased with such relocation, he shall have the right to renounce credit for the Artwork. If Artist renounces credit for his Artwork, this would include, among other things, relinquishment and abandonment of the copyrights described herein. 8.3 Credit — City agrees, at its own expense, to prepare and install at or near the Project a public notice, the form and exact location of which shall be solely determined by City, giving Artist credit for the creation of the Artwork. ARTICLE 9 INSURANCE COVERAGE 9.1 Required Insurance — Artist shall provide and maintain the types and amounts of insurance set forth herein for and during all aspects and phases of this Project. Artist shall be required to provide and maintain general liability insurance with a minimum of One Million and No/100 Dollars ($1,000,000.00) per occurrence and Two Million and No/100 Dollars ($2,000,000.00) in the aggregate. In addition, Artist shall provide and maintain insurance for Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 6 of 20 648279.1 loss (includingtheft, fire and damage) and employee health and disabilityinsurance, as well as g } any statutorily required workers' compensation insurance. All insurance and certificate(s) of insurance shall contain the following provisions: 1. Name City, its officers, agents, representatives and employees as additional insureds as to all applicable coverage with the exception of workers'compensation insurance. 2. Provide for at least thirty (30) days prior written notice to City for cancellation, non-renewal or material change of the insurance. 3. Provide for a waiver of subrogation against City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. 9.2 Insurance company qualification — All insurance companies providing the required insurance shall be authorized to transact business in Texas and rated at least "A" by AM Best or other equivalent rating service. 9.3 Certificate of insurance —A certificate of insurance and endorsement(s) evidencing the required insurance shall be submitted no later than the date of the execution of this Agreement. If this Agreement is renewed or extended by the City, a certificate of insurance shall also be provided to the City prior to the date the Agreement is renewed or extended. ARTICLE 10 AUDITS AND RECORDS/PROHIBITED INTEREST/VENDOR DISCLOSURE Artist agrees that at any time during normal business hours and as often as City may deem necessary, Artist shall make available to representatives of City for examination all of its records with respect to all matters covered by this Agreement, and will permit such representatives of City to audit, examine, copy and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement, all for a period of four (4) years from the date of final settlement of this Agreement or for such other or longer period, if any, as may be required by applicable statute or other lawful requirement. Artist agrees that he is aware of the prohibited interest requirement of the City Charter, which is repeated on the Affidavit attached hereto as Exhibit "C" and incorporated herein by reference for all purposes, and will abide by the same. Further, Artist shall execute the Affidavit attached hereto as Exhibit "C". Artist understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Artist agrees that he is further aware of the vendor disclosure requirements set forth in Chapter 176, LOCAL Gov'T CODE, as amended, and will abide by the same. In this connection, Artist shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit "D" and incorporated herein for all purposes. Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 7 of 20 648279.1 3 ARTICLE 11 TERMINATION OF AGREEMENT/REMEDIES 11.1 Artist Default — Failure or refusal of Artist to perform any act herein required, unless mutually agreed to in writing by City and Artist, shall constitute a default under this Agreement. In the event of a default, in addition to any other remedy available to City, this Agreement may be terminated by City upon ten (10) days' written notice. Such notice does not waive any other legal remedies available to City. 11.2 Conditions for Termination of Agreement Other than Artist's Default — If City deems, in its sole discretion, the Project design is inappropriate or unworkable for the site, or if the deadlines specified herein are not met due, in whole or in part, to the Artist's actions and/or omissions, or if cost estimates indicate that the Project cannot be completed within the Project budget, City retains the right to terminate this Agreement and is released from the obligation to enter into fabrication and installation of Artist's design concept for the Project. In the event of any termination under this Section 11.2, Artist shall deliver to City all work, entirely or partially completed. Artist shall receive as compensation, full payment for Services satisfactorily performed, as solely determined by City, as outlined in Exhibit "B", as applicable, to the date of the termination notice received. City shall make this final payment within thirty (60) days of notifying the Artist. Any payment not timely made under this Section 11.2 is subject to interest charges as described in Section 3.1. The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive its rights to use any or all other remedies. These rights and remedies are given in addition to any other rights the parties may have by law, statute, ordinance or otherwise. ARTICLE 12 DISPUTE RESOLUTION/MEDIATION In addition to all remedies at law, the parties may agree to attempt to resolve any controversy, claim or dispute arising out of or relating to the interpretation or performance of this Agreement, or breach thereof, by voluntary mediation to be conducted by a mutually acceptable mediator. However, if both parties do not agree to voluntarily mediate any such controversy, claim or dispute, mediation shall not be required. ARTICLE 13 INDEMNITY ARTIST SHALL RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS CITY AND ITS CITY COUNCIL MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES AND EMPLOYEES FROM AND AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY DAMAGES (INCLUDING LOSS OF USE), CLAIMS FOR PATENT, TRADEMARK AND/OR COPYRIGHT INFRINGEMENT AND/OR ANY OTHER INTELLECTUAL PROPERTY AND/OR PROPRIETARY CLAIM, LOSSES,DEMANDS,SUITS,JUDGMENTS AND COSTS,INCLUDING REASONABLE ATTORNEY'S FEES Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 8 of 20 648279.1 AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES INCURRED IN ENFORCING THIS INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR INTENTIONAL ACT AND/OR OMISSION OF ARTIST, ITS OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, SUBCONTRACTORS, LICENSEES, INVITEES OR ANY OTHER THIRD PARTIES FROM WHOM ARTIST IS LEGALLY RESPONSIBLE,IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT AND/OR ARISING OUT OF GOODS AND/OR SERVICES PROVIDED BY ARTIST PURSUANT TO THIS AGREEMENT (HEREINAFTER "CLAIMS"). THIS INDEMNIFICATION PROVISION AND THE USE OF THE TERM "CLAIMS" IS ALSO SPECIFICALLY INTENDED TO APPLY TO,BUT NOT LIMITED TO,ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST CITY BY ANY GOVERNMENT AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT RELATIONSHIP BETWEEN ARTIST AND HIS EMPLOYEES OR SUBCONTRACTORS AS A RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEE'S EMPLOYMENT AND/OR SEPARATION FROM EMPLOYMENT WITH ARTIST,INCLUDING BUT NOT LIMITED TO,ANY DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION, COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION, AND/OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS,OVERTIME PAY, EMPLOYEE BENEFITS,INJURY SUBJECT TO RELIEF UNDER THE WORKERS' COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE. ARTIST IS EXPRESSLY REQUIRED TO DEFEND CITY AGAINST ALL SUCH CLAIMS. !" IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO BE RETAINED BY ARTIST IN FULFILLING HIS OBLIGATION HEREUNDER TO DEFEND AND INDEMNIFY CITY,UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES THE RIGHT TO PROVIDE A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER,C ITY IS UNDER NO OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSTRUED AS A WAIVER OF ARTIST'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF ARTIST'S OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. ARTIST SHALL RETAIN CITY-APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT.IF ARTIST FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD,C ITY SHALL HAVE THE RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND ARTIST SHALL BE LIABLE FOR ALL COSTS INCURRED BY CITY. THE RIGHTS AND OBLIGATIONS CREATED BY THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. ARTICLE 14 NOTICES Any notice provided or permitted to be given under this Agreement must be in writing and may be served by depositing the same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested; by facsimile; by electronic mail,with documentation evidencing the addressee's receipt thereof; or by delivering the same in person to such Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 9 of 20 648279.! party a via hand-delivery service, or to any courier service that provides a return receipt showing the date of actual delivery of the sane to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notification,the addresses of the parties shall be as follows If to City, addressed to it at: Mindy Manson, City Manager Carole Ehrlich,Public Arts Coordinator City of Wylie 2000 State Highway 78 Wylie,Texas 75098 Telephone: (972) 516-6000 Facsimile: (972) 516-6026 With a copy to: . Abernathy, Roeder,Boyd &Joplin, P.C. Attention: Ryan D.Pittman 1700 Redbud Blvd., Suite 300 McKinney, Texas 75069 Telephone: (214) 544-4000 Facsimile: (214) 544-4054 If to Artist, addressed to him at: `` Sid Henderson 1917 Woodland Road Tucson, AZ 85710 Telephone: (925) 389-8533 ARTICLE 15 MISCELL US 15,1 Complete Agreement - This Agreement, including the exhibits hereto labeled "A" through "D," all of which are incorporated herein for all purposes, constitute the entire Agreement by and between the parties regarding the subject matter hereof and supersedes all [_ prior and/or contemporaneous written and/or oral understandings. This Agreement may not be amended, supplemented and/or modified except by written agreement duly executed by both parties. The following exhibits are attached and made a part of this Agreement: Exhibit "A", Scope of Services. Exhibit " ', Compensation Schedule/Project Billing/Project Budget. Exhibit"C", Affidavit. Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 10 of 20 648279.1 Exhibit "D", Conflict of Interest Questionnaire, Form CIQ. 15.2 Assignment and Subletting— Artist agrees that neither this Agreement nor the work to be performed hereunder will be assigned or sublet without the prior written consent of the City, performed except for transportation, delivery and foundry services. Artist further agrees that the assignment or subletting of any portion or feature of the work or materials required in the performance of this Agreement shall not relieve Artist of its full obligations to the City as provided by this Agreement. All such approved work performed by assignment or subletting shall be billed through Artist, and there shall be no third party billing. 15.3 Attorney's Fees — If either party files any action or brings any proceeding against the other arising from this Agreement, then as between City and Artist, the prevailing party shall be entitled to recover as an element of the costs of suit, and not as damages, reasonable and necessary attorneys' and experts' fees and litigation expenses to be fixed by the court both at trial and on appeal, subject to the limitations set forth in TEX. LOC. GOv'T CODE § 271.153, as it exists or may be amended, if applicable. 15.4 Successors and Assigns — City and Artist, and their partners, assigns, successors, subcontractors, executors, officers, agents, employees, representatives, and administrators are hereby bound to the terms and conditions of this Agreement. 15.5 Savings/Severability—In the event that a term, condition or provision of this Agreement is determined to be invalid, illegal, void, unenforceable or unlawful by a court of competent jurisdiction, then that term, condition or provision shall be deleted and the remainder of the Agreement shall remain in full force and effect as if such invalid, illegal, void, unenforceable or unlawful provision had never been contained in this Agreement. 15.6 Venue—This entire Agreement is performable in Collin County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas, without regard to Texas' choice of law provisions. The exclusive venue for any action arising out of the parties' performance under this Agreement shall be a court of appropriate jurisdiction in Collin County, Texas. 15.7 Execution/Consideration — This Agreement is executed by the parties hereto without coercion or duress for any substantial consideration, the sufficiency of which is forever confessed. 15.8 Authority—The individuals executing this Agreement on behalf of the respective parties below represent to each other that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date thereof. Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 11 of 20 648279.1 15.9 Waiver— Waiver by either party of any breach of this Agreement, or the failure of either party to enforce any of the provisions of this Agreement, at any time, shall not in any way affect, limit or waive such parry's right thereafter to enforce and compel strict compliance. 15.10 Headings — The headings of the various sections of this Agreement are included solely for convenience of reference and are not to be full or accurate descriptions of the content thereof. 15.11 Multiple Counterparts — This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original if properly executed. 15.12 Immunity —The parties acknowledge and agree that, in executing this Agreement, City has not waived, nor shall be deemed hereby to have waived, any defense or immunity, including governmental, sovereign and official immunity, that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein. � f 15.13 Representations — Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had the opportunity to confer with its counsel. 15.14 Miscellaneous Drafting Provisions — This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. 15.15 Death of Artist—In the event the Artist dies or becomes incapacitated during the term of this Agreement, the fabrication, delivery and installation of the Artwork shall be completed pursuant to the Artist's design, conception and plans by: Elizabeth MacOueen (850)293-8854 macqueensculptor =mail.com. 15.16 No Third Party Beneficiaries —Nothing in this Agreement shall be construed to create any right in any third party not a signatory to this Agreement, and the parties do not intend to create any third party beneficiaries by entering into this Agreement. 15.17 Reference to Artist — When referring to "Artist," this Agreement shall refer to and be binding upon Artist, and his partners, employees, representatives, contractors, subcontractors, licensees, invitees, agents, successors, assignees (as authorized herein), vendors, grantees, trustees, legal representatives and/or any other third parties for whom Artist is legally responsible. 15.18 Reference to City — When referring to "City," this Agreement shall refer to and be binding upon City, its Council members, officers, agents, representatives, employees and/or any other authorized third parties for whom City is legally responsible. Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 12 of 20 648279.I 15.19 No Joint Enterprise — The parties do not intend that this Agreement be construed as finding that the parties have formed a joint enterprise. The purposes for which each party has entered into this Agreement are separate and distinct. It is not the intent of either of the parties that a joint enterprise relationship is being entered into and the parties hereto specifically disclaim such relationship. This Agreement does not constitute a joint enterprise, as there are no common pecuniary interests,no common purpose and no equal right of control among the parties hereto. [Signature pages ollow.] { Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 13 of 20 ( 648279.1 IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on , 2014 ("Effective Date"). CITY: ARTIST: City of Wylie, Texas, Sid Henderson, Artist, a Texas home-rule municipality individually By: By: Mindy Manson, City Manager Sid Henderson, Artist APPROVED AS TO FORM: By: Aber athY Boyd Roeder, Bo d & Joplin, P.C. Ryan D. Pittman CitY Attorneys Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 14 of 20 648279.1 STATE OF TEXAS COUNTY OF COLLIN § BEFORE ME, THE UNDERSIGNED AUTHORITY, ON - THIS--DAY--PERSONALLY APPEARED MINDY MANSON, KNOWN TO ME TO BE ONE OF THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT; SHE ACKNOWLEDGED TO- ME THAT SHE IS THE CITY MANAGER AND DULY AUTHORIZED REPRESENTATIVE FOR THE CITY OF WYLIE, TEXAS, A TEXAS HOME-RULE MUNICIPALITY, AND THAT SHE EXECUTED SAID INSTRUMENT FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 2014. NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS STATE § COUNTY F § BEFORE E, THE UNDERSIGNED AUTHORITY, ON THIS DAY PERSONALLY APPEARED SID HE 1 E N, KNOWN TO ME TO BE ONE OF THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE, FOREGOING INSTRUMENT; HE ACKNOWLEDGED TO ME THAT HE IS THE ARTIST AND THAT HE EXECUTED SAID INSTRUMENT FOR THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 2014. NOTARY PUBLIC IN AND FOR T STATE OF Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 15 of 20 1 648279.1 EXHIBIT"A" SCOPE_ SERVICES Project Description: Wylie Public Safety Public Art Project To fabricate and install the proposed Public Safety Building Public Art, Artist will perform the following tasks: A) Following a site visit, submit final schematic drawings of the proposal, based upon submitted moquette to City staff and the Public Arts Advisory Board for their review and approval within sixty(60) days of the Effective Date of this Agreement. These drawings will include: ■ Detailed information of every physical feature of the construction of the Artwork and its integration with the site with any proposed changes to the previously submitted concept ed conce t highlighted.g Design). (Finalg ) • A description of any issues involved in the construction, integration and maintenance of the Artwork, as well as any third party subcontractors needed to work on the project. • A final project budget breakdown not to exceed $41,320.00. • An installation timeline. B) Following formal approval by-the Public Arts Advisory Board, Artist shall submit drawings for the base construction for review by the City Engineer that the Artwork, foundation, and its connection will be structurally sound C) Artist shall fabricate and install the Artwork in substantial conformity with the approved design. Any significant changes in the concept, as defined-in Article 5.2, must be approved by City. It is the responsibility of Artist to coordinate with City and the Project Manager to ensure that the site is prepared-to receive the Artwork. City will be responsible for preparation of the site, including installation of the foundation. City will be responsible for any fill soil within the space, irrigation to the site and lighting and wiring. D) Upon completion of the permanent installation and clean-up of the site, the Project Manager will inspect the work and give notice of acceptance, as provided in this Agreement. The Artist will complete the City's maintenance worksheet and submit it to City within ten (10) days of City's final acceptance of the Artwork. Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 16 of 20 648279 1 MAINTENANCE PROCEDURES Materials and Care Information Sheet (to be filled out by Artist and submitted upon completion of the Project prior to final payment.) Artist: Sid iVenderson. Date: Title of Work: Media: Bronze Sculpture Specific materials used (Brand name and type of all materials, i.e. type of paper and fiber content, mental alloy, chemical composition of patina, etc.) • Specific techniques used in the fabrication of the Artwork. (e.g., airbrush painting, lost wax casting, TIG welding, etc.): • Fabricator name and address (if other than Artist): • Installation materials and techniques (Attach as-built drawings as appropriate): • Recommended Maintenance procedures. (Be as specific as possible about techniques and materials): a Cautions regarding maintenance, handling, etc: Agreement for Public Safety Building Public Art Project-Sid Henderson,Artist Page 17 of 20 648279.1 1 Wylie Texas Public Safety Sculpture: Completion Schedule/Project Billing/Project Budget (Exhibit B) Task Explanation Cost Time Invoice Frame Execution of the Insurance usage is obtained. $350.00 Mid June $4,152. Agreement Payment covers half the Artist's Insurance Notice to Proceed fee. Insurance $3802. Documents Artist's Fee (First Installment) Artist provides base N/A Late June, design, weight, and Early July other construction (Week 2) issues Artist constructs full A full size sculpture is built, first a N/A Late June, scale clay sculpture foam interior and then an oil based Early July clay skin that captures all the (Week 2) details. The more delicate features will be fashioned out of wax. The Artist has all the materials needed for this left over from a previous commission. The Artist sends photographs to update the Committee of progress. Any early changes can be made at this point. Artist completes The Artist submits final Mid to $30,970. construction of the photographs of the sculpture for Late clay sculpture. approval by the Committee. October (Month 4) Committee The form shall be approved by the approves of the Committee. design of the sculpture. From this point on the Artist is committed to maintaining the form exactly as it appears at the time of approval through the casting process. The Committee sends the money $29,170.00 to the Artist needed for casting the -Foundry sculpture in bronze. Fees I I Depending on how long it takes to $300.00 approve the sculpture, an extra -Traveling month worth of time has been Expenses allowed. Artist takes the The foundry cuts the clay statue Mid to sculpture to the into pieces. Late foundry. October Molds are fashioned around the (Month 4) The sculpture is pieces consisting of a flexible inner cast under the mold for detail and a rigid outer Artist's supervision. "mother mold" for support and structure. The sculpture is patinaed and From these molds a wax replica is finished with a wax cast. The replica is partially coating under the assembled, chased, and fitted with Artist's supervision. runners and risers. Approval to ship to The wax parts are given a ceramic Texas is given by coating, then heated until the wax the Project burns out. Molten bronze is poured Manager. into the empty cavities left by the wax. The cast bronze is cooled, welded together and chased. Chemicals are applied to the surface of the bronze to create a patina, followed by a protective wax. The Project Manager inspects and approves photographs before shipment to Wylie. Any last changes should be made while the sculpture is at the foundry. Foundry completes The sculpture is crated and $800.00 Mid to sculpture. shipped to Wylie, Texas. Crated and Late Shipping January The sculpture is (Month 7) crated and shipped The Artist supervises installation of $700.00 to Wylie Texas. the statue. Installation The sculpture is installed under the supervision of the Artist. Final acceptance, The Project Manager inspects and $6,198.00 Mid to $6,198. maintenance approves the sculpture. The artist -Final 15% Late worksheets, submits maintenance worksheets. and final January dedication Dedication. The Artist is paid the installment (Month 7) final 15% of Artist's Fee. of Artist's Fee Total --- $41,320.00 --- $41,320. Cost Breakdown (In Chronological Order) Description Paid Party Amount Liability Insurance Liability Insurance $350.00 Agency First Half of Artist's Commission Artist $3,980.00 Traveling Expenses (to Hotel, Gas $500.00 Foundry/Wylie) Molds Foundry $6,700.00 Wax Pouring Foundry $1,050.00 Wax Chasing Foundry $1,470.00 Bronze Casting Foundry $10,075.00 Assembly Welding Foundry $1,800.00 Metal Chasing Foundry $6,375.00 Patina Foundry $1,200.00 Structural Support Foundry $300.00 Crating and Shipping Foundry $800.00 Final Half (15% Hold) of Artist's Artist $6,020.00 Commission Installation Costs on Site Contracted $700.00 Total for Insurance Insurance Agency $350.00 Total for Foundry Foundry $29,770.00 Total for Artist Artist $10,000.00 Total for Traveling Hotel, Gas $500.00 Grand Total Total $41,320.00 A l WAV. THE : •i A:fF OF A(,1.- t;)J11 COUNTY OF 4 i(V1r)1, . 1, Sir.] .l l;,ixderson , Artist, make this affidavit and hereby on oath state the following: 1, t nrifor a person or persons rei__ated to me, have the following interest in a business ci'tit;' that would be peculiarly affected by the work or decision on the project(check ail that apply); Ni-._ Ownership of 10%,or more of the voting shares of th, business entity. ltig Ownership of$2,50Ci or more of the fhir marker value of the business entity. No Funds received from the business entity e eced 10% of my income for the previous year. No Real property is involved and I have an equitable or legal ownership with a fair market value of at least None of the above. N,� A f i t.. mine b7-,sta h ie i the business O fi ayor i pert tt a world ` 1 1=+�' r\. .'ti v�of i itt;.. has �ill�'l'_Li Ati6'�l interest 1i l]7 ) .��fir�v�S �..rl4ii � �i..r i C"Y - .t :� . �." iJvaffected �y r„y decision of the public body of which I am a member. NiA Other: _ Upon -the filing of this affidavit with the City of Wylie, Texas, I of that ri(1 relative of mine, in the first degree by consanguinity or affinity as defined in Chapter 573 of the Texas CioA;ermncnt Code. is a member of the p1.11.)lic body which took action on the agreement. t. Sid'"'NE;I this ga,day of,Sure,201,i C I e I. IG Rom- lfll<! i# Signature of 3rficialif tic ' BEFOREME, the undersigned authority, this day personally appeared;„ 5 C• l<, .,er t'r'ai;i on oath stated that the facts hheiein:above stated are true to the best a. iiisiliei knowledge or belief. Sworn*to and subsciL• :d bef ,; i; ,)n this day of �, ' ,"V -.�mm 20 j l� r - zvc�za iumlic ii.at�ti for l.- __k `...mti; NOTARY PUBLIC The State of y'i i'lC%t STATE OF ARII ONA My GOiY?iiiission e;;. fires: Pi a County x _ m oornmission sxpirse Jun* 0,2017 I I 1 Al.;r ement fe P�.!3ti9h Safety Beg :t-iuhlic Art Comfit issi!!? 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University ofCalifornia at Davis, 2000 COMMISSIONS: , Chiloh*n's Comer, University Poetry Center. 25' x20' Interactive mural that allows for poems bo be written on stones under surreal rendering of the Sonoran Desert. University of Arizona, Tucson AZ. G1000. 2013 ^ Decision Cover illustration.Academic Psychology Journal. Editor: Dr. Jerome R Buoemayec Publisher:American Psychological Association. Published 8.2013 ^ The Youngest Dream Eater 28 page picture book.Author: Sans Kortemaier. 2012 ' Present ° 8&ynoe Lipscomb. Life sized monument ofprominent blues songster. Navasota TK $31.000 budget. 2010'2011 EXHIBITIONS: ^ California Clay Conference. Davis, CA. Exhibited 5 ceramic pieces. 2010 ^ Blue Lamp [Wuaio and Bar. 8aonamenhy, CA. Exhibited 10 etchings and lithographs. 2009 ° Phantom Galleries. Sanramon0o, CA. Exhibited 4 clay sculptures and 10 etchings and lithographs. 2009 PRESS: ^ Navasota Examiner. Rosemary Smith. "Lipscomb Statue Captures Spirit of Beloved Songster". 8.17.2011 REFERENCES: Renee Angler, Program Coordinator, University of Arizona, Poetry Center. (520) 628'9826. ang|er@emaiiahzono.adu Elizabeth K1ooquaan.Artist and Sculptor. Maoqueenfinenou|ptor(d�gmai|.00m . www.maqueenfinaart.00m Dr. Michael Birnbaum. Professor. mbi,nbaum@fuUerton.edu Mary K. Crawford. Head of Navasota Blues Festival. marykcrawford@earthlink.net Sarah Kortomeioc Poet and Author. kortemeiers@gmoi|.com Carol M. Jones.American Psychological Association Project Manager. omjonen@opa.org LETTERS OF RECCOMENDATION Sid James Henderson 1917 N Woodland Rd. • Tucson,AZ, 85712 sidhenart(@..gmail.com • sidhenderson.com 1) Renee Angle's Letter of Reccomendation. Renee Angle commissioned Sid Henderson to paint the interactive teaching mural at the Poetry Center at the University of Arizona 2) Navasota Bluesfest Committee Letter of Reccomendation The Navasota Bluesfest Committee commissioned Sid Henderson to construct a life size bronze statue in the likeness of Mance Lipscomb. 3) Dr. Michael Birnbaum's Letter of Reccomendation Dr. Birnbaum worked closely with Sid Henderson during the sculpting of Mance Lipscomb. He supervised the progress of the statue while expressing the Bluesfest Committee's opinions and qualms. 4) Elizabeth MacQueen's Letter of Reccomendation Elizabeth MacQueen met Sid Henderson at the foundry where he sculpted Mace Lipscomb, and has helped him as a mentor and advisor. She herself is a world famous artist and has sculpted several major bronze statues across the United States and Europe. THE UNIVERSITY P4el,) l.eC, OF ARIZONA- 19T9 E I1cHonLiect CO.Boy.210150 Tucson AZ 05/21-01'id Tel 1520)676 37(u I p. (570)051 T 6n poen yOu al rota sdn tutp//pacuI Uizena silo October 11, 2013 Carole Ehrlich, It is with great pleasure I write this letter to highly recommend Sid Henderson as a public artist. The University of Arizona Poetry Center commissioned Sid to paint a mural for our Children's Area over the summer of 2013 and we were very pleased with the process and the results. In just a matter of months, Sid created a large scale mural in the library that included portions of chalk board for patrons to write their own poems. He listened to our needs and wants for the space, created sketches and designs (including a color scheme that worked with the existing building) took measurements,purchased supplies, and did all the physical work necessary to bring the mural into existence. Throughout the process he asked for feedback and worked hard to incorporate our ideas into the overall vision of the piece. Additionally,he worked consistently and diligently to complete the mural within our time frame. Response to the mural has been positive. Children love to come to the Center to write and draw their poems. Visitors are always amazed when they turn the corner and find Sid's mural facing them.It's a great addition to our building and has made the library a more inviting place. It was a pleasure to work with Sid and I would recommend him wholeheartedly. Sincerely, Renee Angle Program Coordinator UA Poetry Center (520)626-9625 angler@email.arizona.edu THE UNIVERSITY OF ARIZONA POETRY CENTER e j ace Li co e olars iFund. P.O. Box 1633 � ... Navasota, Texas 77868 j4 email:navasotabluesfestearthiink.net ' www.navasotabiuesf t.org 501c3 non-profit Directors TO WHOM IT MAY CONCERN Jo Crawford,MA-ECE Interim Coordinator Gerald Humphreys,B.S.-M.A. Bill Gaston The Navasota Blues Fest, Inc. would like to present this letter of Josh M.Fultz,B.S. recommendation concerning Sid Henderson, artist and sculptor. Jeff White, B.S.-M.S. bean Wilson,BA,M Ed Tiffany Landry Sid was contracted to do a bronze life-size statue for our organization. The statue was to be of the person in whose memory our organization Mary K. Crawford Fest Consultant was founded, Mance Lipscomb. Mance Lipscomb was a native son of Navasota Texas, and in his words a "Songster". Mance was discovered late in life, but still left his mark in the music world. He was a mentor to many musicians who perform at our annual festival. 1favaZ " ., >01.T The Blues Fest wanted a statue that looked as much like Mance as possible. Sid presented photos of a model of Mance using photographs that were sent to him. He was very open to our many suggestions and Advisory Board willingly changed features of the statue as needed. He was very open Tuck McLain,J.b.-b.A. br. Bob Wilkes,b.b.5. and easy to communicate with as the statue progressed. The Blues Pam Rushing,B.A.-Music Cert. Fest board and the Navasota community were extremely pleased with Ronald Rushing,B.S.-M.S. Carol Lessner,B.A.-M.C.E. Sid's statue of Mance Lipscomb. Our organization heartily recommends Laura C.Purcell,B.Music Sid as an artist and sculptor. George Wilder Leigh Anne Fultz George Korpita Sid attended our unveiling of the statue in Texas and met many of the Sarah Korpita local citizens. Everyone was very impressed that he would take the Jane Miller time to come and be there for people to convey their thanks for the wonderful likeness of Mance. k avasota * rimes C aunty CHAMBER OF COMMERCE TAA, This event made possible in part,through funds from ) gmt., m y Hotel Occupancy Tax from the City of Navasota and Navasota Tourism Center So much,so close, February 13, 2012 To Carole Ehrlich: This letter is a recommendation in support of Sid Henderson as an artist, based on my interactions with him over the last several years. I had known his family and had followed his development as an artist since 1997. In 2008, I saw some of the work he did as a university student and was much impressed with it. In 2009, I was in conversation with members of Bluesfest organization in Navasota that runs the Navasota Blues Festival in honor of Texas Songster, Mance Lipscomb. We discussed the possibility of a bronze sculpture of Mance Lipscomb for his home town, the city of Navasota, Texas. I thought of Sid as a possible artist for the work. In that year, I contacted Sid as well as a number of other artists to determine prices and concepts concerning the work. I requested that the artists provide me an estimate of the cost of a life-sized, bronze sculpture and requested that they also provide some artistic concepts for the work. Several artists expressed interest in the possible commission and provided proposals. Sid provided us with preliminary sketches of what he had in mind for the project in August of 2009, along with reasonable price estimates. He submitted additional drawings in the following month. By the end of September, he had submitted detailed estimates of cost of the bronze sculpture, including costs of the bronze and the work to be done at the foundry, and he began to sculpt a small model (Marquette) showing his plan for the work. Sid began to send pictures of the Marquette as he worked on it, which impressed those who would decide the matter, and he submitted his Marquette for review by Bluesfest, Inc. in November. Those involved in the project were quite happy with the small sculpture, which demonstrated not only a specific plan for the work, but also demonstrated his artistic skills. Based on his model and detailed proposal, the Navasota Bluesfest organization selected Sid as the artist and presented the plans to the Navasota City Council. The Navasota City Council expressed enthusiastic support of the project with Sid Henderson as artist in December, 2009. In fact, the City Council of Navasota was so pleased with the concept that they renamed a local park in honor of Mance Lipscomb and offered the park as the permanent location for the sculpture when it was completed. In January, I developed a Web page soliciting contributions for the project, with a photo of the Marquette in the Web site. Negotiations for the contract began in January, 2010 and the final contract was approved in March, 2010. The contract specified that Sid would produce a life-sized bronze sculpture of Mance Lipscomb seated and playing his guitar, as indicated in his Marquette. It also specified that he would accept suggestions for improvement, all of which were to be transmitted via a single person who was to act as a go-between to handle relations between the Bluesfest organization and the sculptor. I was selected as the go-between. In addition, the contract specified that in case of artistic disagreement, Sid was to have final say. Upon approval, Sid began work, and beginning in August, 2010, he sent us pictures showing progress on the work, which continued during the Fall and Winter of 2010-11. By February, 2011, the sculpture was "complete," except for final touches and modifications requested by interested parties and transmitted via the go-between. Whenever there are multiple cooks, it is always possible to spoil the broth. As the liaison, it was my job to try to figure out what the different individuals wanted, to determine if what they suggested made sense, and to integrate them into descriptions that would allow the artist to improve the work. As Sid put it, those suggesting improvements were people who had seen Mance in real-life whereas Sid had to work from rare photographs that presented only 2-dimensional information. From February through March, suggestions came in from various people who had known Mance Lipscomb that they thought would improve the work. During this period, Sid was very receptive and responsive to suggestions and worked hard to make the final work achieve exactly what the various sponsors and other interested parties wanted. The sculpture should show a man who had suffered from a very hard life of back-breaking work, who was humble and yet self-confident, who was kind and generous, and could find humor despite difficult circumstances. Such descriptions present a challenge to an artist. Suggestions came in with advice varying in specificity from "should be less stark" to detailed descriptions of the coefficients of the second and third derivatives of the shape of the intersection between a horizontal plane below the level of the eyes and the surface of the nose. Sid and I had to figure out what a person might mean by words such as "stark," and then figure out what in particular to do about it. After each set of revisions, Sid sent new pictures focusing on the features to which attention had been drawn. I was impressed that Sid was so receptive to suggestions that were not always clear (nor always consistent with one another). Sid wanted us to love the final product. He was able to struggle to figure out what we wanted and he worked hard to satisfy each suggestion. Often this involved the transmission of a different photograph or still frame from a movie that illustrated the aspect of the work that was featured. Because Mance Lipscomb was a guitarist, it was important to guitarists that details of the particular model guitar that Mance owned be correctly displayed and that the hand positions not only accurately reflect how a guitarist would hold and finger the fretboard, but it should also show Mance's unique style of fingering and hand positions. Details of his shoes, clothing, and how he wore his hat were subjects of scholarly research using old photographs and archival movie footage. Sid worked hard to make the work an accurate representation that would be appreciated not only by those who knew Mance by sight, but also by those who knew his guitar techniques and who had studied his hands as he played. There was only one issue where Sid chose to exercise his right as artist to use a "contemporary" approach rather than historical one. He felt that to do otherwise might signal a negative impression to modern eyes, and in retrospect I can understand his artistic vision on that matter. In April, 2011, the Bluesfest approved the final sculpture from which the bronze statue would be made. This approval initiated the next phase of the work: to build the molds, cast the work in Bronze, assemble the pieces, and finish the patina. Sid worked with the foundry to carry out these difficult tasks which required special skills provided by specialists at the foundry. At the same time, work also began on the base upon which the sculpture was to stand. At that time, everyone hoped that the work could be completed in time to be delivered from Oakland to Navasota and installed in time for the annual blues festival in August. Sid devoted a great deal of energy and time at the foundry to make sure that everything could be finished on time and to his credit, the work was boxed and delivered with two days to spare. The folks in Navasota had the work installed and covered, ready for the unveiling. When the work was completed and dedicated in August, 2011, members of the Bluesfest organization, members of the Lipscomb family, town council, and fans of the musician, local citizens, and other guests were all thrilled with the work completed. Favorable reactions were expressed by members of Mance's family who recognized the accurate details of his clothing, and by guitar players who recognized the details of the Harmony Sovereign guitar and Mance's right hand position. Members of the local press and radio station were on hand for the dedication. I created a brief YouTube movie consisting of a slide show from the dedication, with a sound track from Mance Lipscomb playing an instrumental. You can see how people enjoyed posing with the sculpture. This can be viewed at the following URL: http://www.youtube.com/watch?v=V63AFa4iKDI When we began the project, I realized that any undertaking that involved a lot of people in constructing a work of art for a public setting might not end with a consensus success. I put trust in Sid that he would be able to complete the work to the satisfaction of the sponsors, the family, and the commuity, and with the successful completion of the project, my trust was confirmed. Based on this experience working with him, I recommend him to you without reservation. Sincerely, Michael H. Birnbaum, PhD Professor and Director, Decision Research Center Dear Carole Ehrlich, It is with honor that I recommend Sid Henderson, who has surpassed his degree at Davis, becoming a distinguished young creator. I have had the pleasure of working with Henderson at Artworks Foundry near Oakland where he presently lives. I have found his work ethics sterling, his talent unwavering, and his dedication in overcoming any obstacles in finishing a high quality piece. He is communicative with his committees and understands their desires. He is impassioned and tireless. His interests in the psychological and emotional aspects of his figures brought many comments at Artworks during the birth of Mance. On this commission, one of our artigiani felt Mance was "like a friend to him". Please feel free to contact me. You may look at my web site to understand the source of my recommendation. www.macqueenfineart.com You will have a monument by Henderson that will be enjoyed for time memorial by all who view it. Ars longs, Vita brevis, Elizabeth MacQueen Portfolio of Commissioned \8/nrk Sid Henderson 1017N Woodland Rd. ^Tucson,AZ, 85712 aidhenart@gmaiioom ^ oidhendaraon.00m 1. Poetry Center. Chil/ren's Comer. 2013 $1O00honorarium. 2Ox25 feet. Mural in chalk paint and latex paint. University of Arizona, Tucson,Arizona.A mural painted for the teaching and practice of young children. The lower half of the mural consist of geodes painted with chalkboard paint, allowing students to write poetry on them and for the staff to easily erase and clean up the chalk. The upper half continues the theme of geodes and demonstrates elements in poetry through elements of the desert surrounding Tucson. 2. Poetry Center A photograph of the desert landscape, and part of the chalkboard before children began to use it 3. Poetry Center Detail shot uf dancing yucca trees. 4. Decision. 2013. $200. Cover illustration in pen and ink.American Psychological Association.A commission to create a cover illustration for a psychological journal written by Dr. Jerome R. Busemeyer, demonstrating choice and decision. 5. The Youngest Dream Eater. 2012-Present. Children's story book in pen and ink. Publishing pending.A commission to create a cover illustration and 32 illustrations for a children's book written by a local Tucson poet. Work still inprogress. 6. Manoo Lipscomb. 2011. $21'000. Bronze sculpture. 4.5x4.5x4.5 feet(the size ofan average man sitting). Navasota Bluesfest Committee. Navasota, Texas.A monument to the country blues musician Mance Lipscomb. Commissioned by the Navasota Bluesfest committee to resemble the late blues legend aoounsta|y in resemblance, attitude and the details of his guitar. y. &yyncm Lipscomb. Face details. The B|ueafeot committee required o face that suggested both hardship and triumph. 8. Mance Lipscomb. Guitar headboard details. Mance played a harmony sovereign guitar. The headboard had to bn accurate down to the smallest detail to appeal to K8anne's family and musician followers. Proposal Sketches and Marquette Sid James Henderson 1917 N Woodland Rd. •Tucson,AZ, 85712 sidhenartgmail.com • sidhenderson.com Taking the examples provided I have created a composition intended to display up to a height of five feet tall the humanity and heroism of the police and fire fighters of Wylee Texas. The firefighter has just rescued a youth and is staring into the distance, ever vigilant. Back back to him, a police officer smiles warmly and offers a helping hand towards the viewer. I chose to sculpt these two figures back to back in order to accommodate the wide area in front of the police and fire stations. The sculpture will be facing away from the building so that those who approach the building from the sides or the front will get a good view of the figures. I also chose to sculpt the two so as to touch at several points in order to reduce the surface area. By reducing the surface area, less bronze is used, so with the budget give, I can provide a sculpture that has two figures of up to five feet tall. Time Frame Description Time Armature The skeleton is built with filling and wire 1-2 weeks Sculpture A"skin"of clay is sculpted over the armature capturing detail and form. I already own clay. Mould A complex mold is built over the clay sculpture to capture the 8-12 weeks image and prepare it for casting into bronze Casting, A wax replica is cast, the replica is coated in silica and fired 8-12 weeks Finishing, Patina to burn out the wax and harden silica. Bronze is poured into the hollow of the silica.After it cools it is polished and colored with chemical oxides called a "patina". Shipping to Wylie The finished sculpture is packed in a crate and shipped via 1-2 weeks by freight.