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04-12-2005 (City Council) Agenda Packet NOTICE OF MEETING WYLIE CITY COUNCIL AGENDA April 12, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie, Texas 75098 CALL;'I`+C +ORDER IN VO ATIO i PLEDGE OF.ALLEGIANCE FROcLAMATIONS ANC:PI ENT 'ITIONS CITIZ N ;P RTI IPATlON CONSENT AGENAA SJ.1 matters Ukted undee the C€;nsent Ageuda are co rdered to be routine by the City Council and wt11.bo euacted o invu r# ;there;wall t:be separate discussion of terse at e ff discussion is:des ed tlat item it kx emoved.from:t1he CountAgeandaandw#il considered pastel A. Approval of the Minutes from the regular City Council Meeting of March 22, 2005 and Special Called Meeting of March 29, 2005. (C. Ehrlich, City Secretary) B. Consider and Place on File Comcast 2005 FCC Forms 1240 and 1205. (M.Roath, City Manager) C. Consider, Approve and Place on File the 2005 Public Utilities Commission of Texas Adjustment to Municipal Telecommunications Right-of-Way Access Line Rates for Wylie, Texas. (M. Roath, City Manager) D. Consider and act upon approval of an Ordinance amending the Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines and Thoroughfare Standards and Standard Construction Details. C. Holsted, Engineering) E. Consider and act upon authorizing the Mayor to execute a Letter Agreement, in the amount of $105,900.00, with the Hogan Corporation for engineering services for the Twin Lake Outfall Sewer. (C. Holsted, City Engineer) F. Consider and act upon authorizing the Mayor to execute an amendment to Work Order No. Wyl-32, in the amount of$14,800.00, to add the design of a 16-inch water line to the Ballard Avenue Paving Project. (C.Holsted, City Engineer) G. Consider and act upon authorizing the Mayor to execute a contract with A New Deal Irrigation,Inc. , in the amount of$51,200.00, for irrigation systems in Sage Creek North Park (Riverway Park) and Cimarron Estates Park(Eureka Park). (J. Holcomb,Purchasing/R.Diaz,Asst. Superintendent,Parks) H. Consider and act upon authorizing the Mayor to execute a contract, in an amount not to exceed $3,000.00, with Kleinfelder for geotechnical engineering services related to the construction of two pedestrian bridges in Riverway Park. (M. Sferra,Public Services Director) I. Consider and act upon a Preliminary Plat for the Cooper Retail Addition. (C. Thompson, Planning and Zoning Director) J. Consider and act upon a Re-plat for Lot #6 of the Regency Business Park Addition, Phase Two. (C. Thompson,Planning and Zoning Director) K. Consider and act upon a Final Plat for the Ambers Cove Addition. (C. Thompson, Planning and Zoning Director) L. Consider and act upon authorizing the purchase of a Wireless Network Comtex, in the amount of $83,859.00, using funds received through a Homeland Security Grant in the amount of $83,859.00. (S. English, Fire Chief) ............................................. TIYDIV'wwa Co.Nswc ATTQN PUBLIC HEARINGS 1. Hold a Public Hearing and act upon a change of zoning from Agriculture (A) to Single Family Residential (SF-10/19) District. (Zoning Case No. 2005-06) (C. Thompson, Planning and Zoning Director) Executive Summary This property totals 63.76 acres and abuts 8,500 sq. ft. lots of the Cimarron Estates on its west and unincorporated rural acreage development to its north, east and south. The proposal is for 10,000 sq. ft. lots, complying with the standard regulations of the Zoning Ordinance. The request complies with the recommendations of the Comprehensive Plan for Suburban Residential, and P&Z recommends approval. 191 written comments were received favoring the request,and the affirmative vote of a simple majority of the Council is required for approval. 2. Hold a Public Hearing and act upon a change of zoning from Corridor Commercial (CC)to Planned Development (PD) District for commercial uses and to allow coordinated signage. (Zoning Case No.2005-07) (C. Thompson,Planning and Zoning Director) Executive Summary The reconfiguration of the lot pattern and extension of Cooper Drive to SH78 (preliminary plat on the current Consent agenda), creates a 4-lot complex on this property already zoned to allow commercial uses. The PD will provide a coordinated and shared sign program for all lots which is not allowed by the current Sign Regulations. The initial development is the Baylor Health clinic, the visibility of which from SH 78 will be impaired without this sign plan. The request complies with the recommendations of the Comprehensive Plan, and P&Z recommend approval. One written comment was received favoring the request, and the affirmative vote of a simple majority of the Council is required for approval. 3. Hold a Public Hearing and act upon a change of zoning from Single Family Residential (SF-8.5/17) District to Planned Development (PD) District for residential uses. ZC 2005-08 (C. Thompson, Planning and Zoning Director) Executive Summary The proposal is to develop the subject 4.5 acres as a planned community, following neo-traditional design concepts. The property is land-locked and surrounded by development, accessible only from Thomas Street. The plan will provide 20 lots of at least 5,100 sq. ft. each,which does not comply with the Comprehensive Plan. Minimum house size is to be 1,400 sq. ft., with 50%of the dwellings being 1,800 sq. ft. or larger. The private street and central open space amenity will be maintained by the HOA. The PD conditions generally comply with the standard regulations of the Zoning Ordinance except for the definition of"masonry". Because written opposition representing owners of more than 20%of the property within the legal notification area has been received, the affirmative vote of 75% of the Council will be required for approval." 4. Consider and act upon approval of a Resolution recommending federal demonstration funds be reallocated to add additional lanes to SH 78. (C. Hoisted, City Engineer) Executive Summary On March 10, 2005, the City of Wylie, City of Sachse, City of Garland, Collin County and Dallas County met with representatives of the Texas Department of Transportation (TxDOT) to discuss the need to add capacity to SH 78 in the form of two additional lanes. The existing 4-lanes in the City of Wylie have the capacity for the current traffic volumes; however, with the projected development at SH 78 and SH 205 and retail development at SH 78 and SH 190, additional capacity will be needed to accommodate the future volumes. Approximately 3.92 miles are located within the City of Wylie and TxDOT estimates the construction to cost between$1-$1.5 million per mile or$3.92-$5.88 million. 5. Consider and act upon an Ordinance approving mid-year budget amendments. (Ron. Hutchison, Interim FinanceDirector) Executive Summary The mid-year budget review is a mechanism to provide for items that have occurred or come to light since the current year budget adoption last September 2004. The budget, a legally adopted document, is subject to amendment to cover such items provided that funds are available. It has been determined after a review of the 2004 fiscal year and a mid-year review of the 2005 fiscal year that funds are available to cover the proposed amendments in each of the proposed funds. 6. Consider and act upon a Resolution creating the position of Children's Librarian, abolishing the position of Children's Programming Coordinator and providing an effective date. (L. Fagerstrom, Human Resources Manager) Executive Summary The Children's Programming Coordinator resigned effective January 25, 2005. Staff recommends upgrading this position to Children's Librarian. Many of the duties performed by the children's programming clerk are professional duties. This position's duties include planning and implementing Summer Reading Club, scheduling all programming, promoting programs to schools, developing the children's collection, and performing at least two story times a week. A librarian is needed to plan these programs and ensure that patron informational and developmental needs are being met. Upgrading this position to Children's Librarian will allow for expansion of this department. Staff will be added in this department in the future to handle patron demand. 7. Consider and act upon the ratification of the Citizen Bond Advisory Committee members and appointment of Chair and Vice-Chair. (M.Roath, City Manager) Executive Summary On March 22, 2005, the City Council approved the establishment of a Citizens Bond Advisory Committee. The proposed entire Committee member list is attached for ratification by the City Council. In addition, Section 1 of the adopted Ordinance establishing the Committee calls for the City Council to appoint the Chair and Vice-Chair to lead the Citizens Bond Advisory Committee. Therefore, we ask that the City Council select and name two (2) individuals for these respective positions as well. Tabled Item from 3-22-05 Motion to remove from table and: 8. Consider and act upon an agreement for Legal Services between the City of Wylie, Texas and Abernathy, Roeder, Boyd and Joplin, P.C. (M.Roath, City Manager) Executive Summary At a meeting on September 27, 1994, the Firm made its presentation to the Wylie City Council, and subsequently the City Council voted to retain the Firm to serve as its City Attorney. The City approved a Retainer Agreement with the Firm on October 25, 1994. With our increasing use of legal services, the City initiated negotiations to develop an Agreement for Legal Services with the Firm, which addresses the position, term, services to be performed, compensation, billing, termination, independent contractor status,and City property. READ NG Q ORPIN NCES TIlI.E & SAP 'ION APPROVED BY COUNciL AS REQUIRED B W L E VITX HA TE ,ART CLE; I SRCTI4 ADJOURNMENT In addition to any specifically identified Executive Sessions,Council may convene into Executive Session at any point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open. Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action,as a result of this Executive Session,will be taken and recorded in open session. I certify that this Notice of Meeting was posted on this 8th day of April,2005 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 contacted. As a courtesy, this agenda is also posted to the City of Wylie Website at www.ci.wylie.tx.us Carole Ehrlich,City Secretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's office at 972/442-8100 or TD 972/442-8170. MINUTES WYLIE CITY COUNCIL March 22, 2005 6:00 p.m. Wylie Municipal Complex—Council Chambers/Council Conference Room 2000 State Highway 78 North Wylie,Texas 75098 Mayor John Mondy called the meeting to order at 6:00 p.m. Council Members present were: Mayor Pro Tern Eric Hogue, Councilman Chris Trout, Councilman Earl Newsom, Councilman Merrill Young, Councilman J. C. Worley, and Councilwoman Reta Allen. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer, Chris Holsted; Planning & Zoning Director, Claude Thompson; Police Chief, Jeff Butters; Fire Chief, Shan English; Parks Superintendent, Bill Nelson; Asst. Parks Superintendent, Robert Diaz;Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. • Pledge of Allegiance will be led by Boy Scout Troop #442 Deacon Warner Washington of Saint Anthony Catholic Church gave the invocation and Boy Scout Troop #442 led the Pledge of Allegiance. ROcLA ATIO S i P ENTA`lt'iOl • Student Government Day—March 23, 2005 Mayor ProTem Hogue read a proclamation designating March 23, 2005, Student Government Day in the City of Wylie. Mayor Mondy assisted in the presentation. Estella Sapien residing at 1501 Evelyne Ct.,Wylie, TX; Joy Johnson residing at 1422 Eastedge Dr.,Wylie TX.; Betty Gable residing at 1722 Eastridge,Wylie, TX; Eric Beckerwerth residing at 3404 Ahelia,Wylie, Tx; The above citizens addressed Council in opposition of the proposed apartment complex funded in part by TDHC tax credits to be located at McCreary Road and McMillen Road. Some of the issues raised were: traffic congestion, streets and infrastructure, crime, and public transportation. They requested Council to be present at the TDHC meeting April 12, 2005. Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 1 Sharon Dowdy residing at 325 Callic Ct.,Wylie TX. addressed Council with concerns pertaining to the traffic buildup and light problems on State Hwy. 78 near Springcreek (Wal-Mart). She asked that Council study the water runoff/drainage to outlying residents and the traffic problems when considering a bond election. CON ] 1TAGEND A11 matters I4ste l ioderthe Corset Agenda fare co►isideted to be outlne*.t ; Cxy Cowl and will tlikwttry tion `fliers wil.; at bbe se04tOte discussion of these items. if.discusa i as desir . tbiat be r tove l'ro the°Ci:11.0 t Agend d 1�be consider d separately ... . A. Approval of the Minutes from the regular City Council Meeting of March 3, 2005 and March 8, 2005. (C. Ehrlich, City Secretary) B. Consider and act upon a Water CNN Transfer Agreement between Wylie Northeast Water Supply Corporation and City of Wylie, Texas. (M. Roath, City Manager) C. Consider and act upon an Interlocal Agreement to place antennas on water towers by and between the City of Wylie, Texas and East Fork Special Utility District. (M. Roath, City Manager/S. Seddig, Fire Marshal) D. Consider and act upon approval of a Consent to Sublease Agreement between Bozeman Farm Development, East Fork Special Utility District and the City of Wylie, Texas. (M. Roath, City Manager/S. Seddig, Fire Marshal) E. Consider and act upon approval of an agreement between Collin County Community College District and the City of Wylie to hold a one day training session for City employees on April 8, 2005. (C. Ehrlich, City Secretary) F. Consider and act upon approval of an agreement between the City of Wylie and the Dallas Morning News for a 12 month period for the purpose of advertising. (C. Ehrlich, City Secretary) G. Consider and act upon awarding of bid to A New Deal Irrigation for the installation of irrigation systems in Sage Creek North Park and Cimarron Estates Park in the amount of $51,200.00. (J. Holcomb,Purchasing/R. Diaz,Asst. Superintendent,Parks) H. Consideration and act upon approval of a request from Jason Ridings to use the Bart Peddicord Community Center for a "Battle of the Bands" concert on April 1, 2005. (R. Diaz,Asst. Superintendent,Parks) Council Action A motion was made by Mayor ProTem Hogue, seconded by Councilman Worley to approve the Consent Agenda as presented. A vote was taken and passed 7-0. Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 2 iPl, 1" I� AItI • PUBLIC HEARING 1. Hold a Public Hearing and consider and act upon a change of zoning from Agriculture (A) to Planned Development (PD) for Single Family Residential (SF). (Zoning Case No. 2005-04-Rice Tract/Skorburg). (C. Thompson,Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the property totals 185.1449 acres, west of FM 544/South Stone Road and north of Vinson Road. The property was annexed into Wylie on September 28, 2005. Notification/Responses—No responses from five(5) notifications mailed. He explained that the Comprehensive Plan recommends the following: Comprehensive Plan— • Recommends 72% Suburban Residential (minimum 10K lots) and 28%Country Residential (1 ac lots). Requested residential density does not comply with the Comprehensive Plan. • Eliminates 0.4 ac NS (zoned such since 1985), complying with proposed revisions to Comp Plan. Mr. Thompson reported that the Planning and Zoning Commission voted 6-1 to recommend approval of the requested rezoning, with the stipulation that the minimum house size be increased to 2,400 square feet. Approval requires a simple majority. Developer Comments Ryan Betz representing Skorberg Company addressed Council stating that the changes made since the last presentation were: 50%tree preservation including any trees 6 inches or more, 460 lots remain, 60% of all lots being a minimum size of 10,000 sq. ft., including the perimeter lots and homes to be a minimum of 2,400 sq. ft. throughout the development; 10%of the lots will be 12,000 sq. ft or larger; remaining lots will be a minimum of 7,500 sq. ft.; 28 acres of parkland; revised alignment to the north regarding Oak Street;bring a north south street connecting roads to the school, and provide a 15 acre park on the south side of the development. Mr. Betz reported that WISD voted March 21, 2005 to place an elementary school on the proposed site. Council Discussion Councilman Worley asked about the elimination of sidewalks. Mr. Betz stated that at this time there were sidewalks and curb and gutter with no open ditch. Councilman Trout asked if there were allies in the development. Mr. Betz stated that there were not but no garages opened to the front of the property. He stated if there were three garages,one would face the street. PUBLIC HEARING Mayor Mondy opened the Public Hearing at 6:40 p.m. Sharon Dowdy residing at 325 Callic Ct., Wylie, TX addressed council stating that she was against the proposed Rice Tract Development (Zoning Case 2005-04) because she stated the Wylie Comprehensive Plan called for one acre lots in the proposed area. With no further comments, Mayor Mondy closed the Public Hearing at 6:42 p.m. Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 3 Council Action A motion was made by Councilman Trout, seconded by Councilman Newsom to deny the zoning change from Agriculture (A) to Planned Development (PD) for Single Family Residential (SF) (Zoning Case No. 2005-04). A vote was taken and passed 7-0. PUBLIC HEARING 2. Hold a Public Hearing and consider and act upon an Ordinance adopting Standards of Care for Youth Programs. (R Diaz,Asst. Superintendent,Parks) Staff Comments Asst. Parks Supervisor Diaz addressed Council stating that since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and adopted as an ordinance. The ordinance and Standards of Care provides the necessary guidelines for the regulation of the summer youth program, the Wylie Wave,as legislated by the Texas Senate Bill 212, Section 42.041 (b)(14). PUBLIC HEARING Mayor Mondy opened the Public Hearing at 6:43 p.m. No one was present to address Council on this item. Mayor Mondy closed the Public Hearing at 6:44 p.m. Council Action A motion was made by Mayor ProTem Hogue, seconded by Councilman Trout to approve Ordinance#2005-10 approving the adoption of Standards of Care for Youth Programs. A vote was taken and passed 7-0. 3. Consider and act upon an Ordinance repealing Ordinance Nos. 77-5 and 95-8; regulating and defining itinerant merchants, itinerant vendors, solicitors, handbill distributors and persons selling or taking orders for goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines; providing for a permit or certificate of registration and applicable fees. (J. Butters, Chief of Police) Staff Comments Police Chief Butters addressed Council stating that the proposed Handbill/Solicitation Ordinance addresses several issues that the current "Peddlers and Solicitors" and "Handbills" Ordinances do not adequately address. These Ordinances were also combined because of the relationship between the two. He explained that some of the new requirements this ordinance would put in place would improve controls regarding itinerant merchants and vendors. He also stated that this would eliminate persons standing in the public right of ways, soliciting funds. Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 4 Council Discussion Mayor Monday asked what the residents should be asking for when solicitors come to the door. Chief Butters explained that in the new ordinance, anyone coming to a citizen's home must have an original permit to display. He stated that the police department would be providing the background checks and the permits. He explained that non-profit organizations and charitable organizations would be exempt. Political handbills would also be exempt from this ordinance. Council Action A motion was made by Mayor ProTem Hogue, seconded by Councilman Worley to approve Ordinance #2005-11 repealing Ordinance Nos. 77-5 and 95-8; regulating and defining itinerant merchants, itinerant vendors, solicitors,handbill distributors and persons selling or taking orders for goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines; providing for a permit or certificate of registration and applicable fees. A vote was taken and passed 7-0. 4. Consider and act upon an Ordinance establishing a Citizens Bond Advisory Committee; providing for the scope and authority of the Committee; providing for the appointment of its members; and providing for an effective date. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the City Council has directed staff to prepare and submit an ordinance establishing a Citizens Bond Advisory Committee(CBAC)and outlining the responsibilities of the Committee. The CBAC will develop a Bond Program and submit it along with its recommendations to the City Council by no later than June 21, 2005. Mr. Roath reported a list of Wylie Board Chair/designees who will serve on the CBAC. He then asked for the nominations from the Council to add to the Board list. They were as follows: Name Board/Designee Mike Phillips Construction Code Grace Morrison Library Board Daniel Chestnut Parks&Rec. Board Denis Larson Planning&Zoning Marvin Fuller WEDC Linda Jordan ZBOA Chuck Kerin Animal Advisory Chris Seely Mayor Mondy James Whitlow Mayor Mondy Doris Craighead Mayor ProTem Hogue,Place 3 Geri Smith Councilman Worley,Place 5 Jim Griffin Councilman Trout,Place 6 Janet Johnson Councilman Young,Place 4 Jim Cummings Councilwoman Allen,Place 2 Jamie Greg Councilman Newsom,Place 1 City Manager Roath explained that these names would be brought back to Council, at the next Council meeting for ratification. Council Action Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 5 Council Discussion Mayor Monday asked what the residents should be asking for when solicitors come to the door. Chief Butters explained that in the new ordinance, anyone coming to a citizen's home must have an original permit to display. He stated that the police department would be providing the background checks and the permits. He explained that non-profit organizations and charitable organizations would be exempt. Political handbills would also be exempt from this ordinance. Council Action A motion was made by Mayor ProTem Hogue, seconded by Councilman Worley to approve Ordinance #2005-11 repealing Ordinance Nos. 77-5 and 95-8; regulating and defining itinerant merchants, itinerant vendors, solicitors, handbill distributors and persons selling or taking orders for goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines; providing for a permit or certificate of registration and applicable fees. A vote was taken and passed 7-0. 4. Consider and act upon an Ordinance establishing a Citizens Bond Advisory Committee; providing for the scope and authority of the Committee; providing for the appointment of its members; and providing for an effective date. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the City Council has directed staff to prepare and submit an ordinance establishing a Citizens Bond Advisory Committee (CBAC)and outlining the responsibilities of the Committee. The CBAC will develop a Bond Program and submit it along with its recommendations to the City Council by no later than June 21, 2005. Mr. Roath reported a list of Wylie Board Chair/designees who will serve on the CBAC. He then asked for the nominations from the Council to add to the Board list. They were as follows: Name Board/Designee Mike Phillips Construction Code Grace Morrison Library Board Daniel Chestnut Parks&Rec. Board Denis Larson Planning&Zoning Marvin Fuller WEDC Linda Jordan ZBOA Chuck Kerin Animal Advisory Chris Seely Mayor Mondy James Whitlow Mayor Mondy Doris Craighead Mayor ProTem Hogue,Place 3 Geri Smith Councilman Worley,Place 5 Jim Griffin Councilman Trout,Place 6 Janet Johnson Councilman Young,Place 4 Jim Cummings Councilwoman Allen,Place 2 Jamie Greg Councilman Newsom,Place 1 City Manager Roath explained that these names would be brought back to Council, at the next Council meeting for ratification. Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 5 PUBLIC HEARING 1. Hold a Public Hearing and consider and act upon a change of zoning from Agriculture (A) to Planned Development (PD) for Single Family Residential (SF). (Zoning Case No. 2005-04-Rice Tract/Skorburg). (C. Thompson,Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that the property totals 185.1449 acres, west of FM 544/South Stone Road and north of Vinson Road. The property was annexed into Wylie on September 28, 2005. Notification/Responses—No responses from five(5)notifications mailed. He explained that the Comprehensive Plan recommends the following: Comprehensive Plan— • Recommends 72% Suburban Residential (minimum 10K lots) and 28% Country Residential (1 ac lots). Requested residential density does not comply with the Comprehensive Plan. • Eliminates 0.4 ac NS (zoned such since 1985), complying with proposed revisions to Comp Plan. Mr. Thompson reported that the Planning and Zoning Commission voted 6-1 to recommend approval of the requested rezoning, with the stipulation that the minimum house size be increased to 2,400 square feet. Approval requires a simple majority. Developer Comments Ryan Betz representing Skorberg Company addressed Council stating that the changes made since the last presentation were: 50%tree preservation including any trees 6 inches or more, 460 lots remain, 60% of all lots being a minimum size of 10,000 sq. ft., including the perimeter lots and homes to be a minimum of 2,400 sq. ft. throughout the development; 10% of the lots will be 12,000 sq. ft or larger; remaining lots will be a minimum of 7,500 sq. ft.; 28 acres of parkland; revised alignment to the north regarding Oak Street;bring a north south street connecting roads to the school, and provide a 15 acre park on the south side of the development. Mr. Betz reported that WISD voted March 21, 2005 to place an elementary school on the proposed site. Council Discussion Councilman Worley asked about the elimination of sidewalks. Mr. Betz stated that at this time there were sidewalks and curb and gutter with no open ditch. Councilman Trout asked if there were allies in the development. Mr. Betz stated that there were not but no garages opened to the front of the property. He stated if there were three garages,one would face the street. PUBLIC HEARING Mayor Mondy opened the Public Hearing at 6:40 p.m. Sharon Dowdy residing at 325 Callic Ct., Wylie, TX addressed council stating that she was against the proposed Rice Tract Development (Zoning Case 2005-04) because she stated the Wylie Comprehensive Plan called for one acre lots in the proposed area. With no further comments, Mayor Mondy closed the Public Hearing at 6:42 p.m. Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 3 Council Action A motion was made by Councilman Trout, seconded by Councilman Newsom to deny the zoning change from Agriculture (A) to Planned Development (PD) for Single Family Residential (SF) (Zoning Case No. 2005-04). A vote was taken and passed 7-0. PUBLIC HEARING 2. Hold a Public Hearing and consider and act upon an Ordinance adopting Standards of Care for Youth Programs. (R Diaz,Asst. Superintendent,Parks) Staff Comments Asst.Parks Supervisor Diaz addressed Council stating that since the inception of the summer youth programs in 2000, the Standards of Care have been reviewed yearly and adopted as an ordinance. The ordinance and Standards of Care provides the necessary guidelines for the regulation of the summer youth program, the Wylie Wave, as legislated by the Texas Senate Bill 212, Section 42.041 (b)(14). PUBLIC HEARING Mayor Mondy opened the Public Hearing at 6:43 p.m. No one was present to address Council on this item. Mayor Mondy closed the Public Hearing at 6:44 p.m. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Trout to approve Ordinance#2005-10 approving the adoption of Standards of Care for Youth Programs. A vote was taken and passed 7-0. 3. Consider and act upon an Ordinance repealing Ordinance Nos. 77-5 and 95-8; regulating and defining itinerant merchants, itinerant vendors, solicitors, handbill distributors and persons selling or taking orders for goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines; providing for a permit or certificate of registration and applicable fees. (J. Butters, Chief of Police) Staff Comments Police Chief Butters addressed Council stating that the proposed Handbill/Solicitation Ordinance addresses several issues that the current "Peddlers and Solicitors" and "Handbills" Ordinances do not adequately address. These Ordinances were also combined because of the relationship between the two. He explained that some of the new requirements this ordinance would put in place would improve controls regarding itinerant merchants and vendors. He also stated that this would eliminate persons standing in the public right of ways, soliciting funds. Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 4 Council Discussion Mayor Monday asked what the residents should be asking for when solicitors come to the door. Chief Butters explained that in the new ordinance, anyone coming to a citizen's home must have an original permit to display. He stated that the police department would be providing the background checks and the permits. He explained that non-profit organizations and charitable organizations would be exempt. Political handbills would also be exempt from this ordinance. Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to approve Ordinance #2005-11 repealing Ordinance Nos. 77-5 and 95-8; regulating and defining itinerant merchants, itinerant vendors, solicitors,handbill distributors and persons selling or taking orders for goods, wares, merchandise, services, photographs, newspapers, magazines or subscriptions to newspapers or magazines; providing for a permit or certificate of registration and applicable fees. A vote was taken and passed 7-0. 4. Consider and act upon an Ordinance establishing a Citizens Bond Advisory Committee; providing for the scope and authority of the Committee; providing for the appointment of its members; and providing for an effective date. (M. Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that the City Council has directed staff to prepare and submit an ordinance establishing a Citizens Bond Advisory Committee(CBAC) and outlining the responsibilities of the Committee. The CBAC will develop a Bond Program and submit it along with its recommendations to the City Council by no later than June 21, 2005. Mr. Roath reported a list of Wylie Board Chair/designees who will serve on the CBAC. He then asked for the nominations from the Council to add to the Board list. They were as follows: Name Board/Desianee Mike Phillips Construction Code Grace Morrison Library Board Daniel Chestnut Parks&Rec. Board Denis Larson Planning&Zoning Marvin Fuller WEDC Linda Jordan ZBOA Chuck Kerin Animal Advisory Chris Seely Mayor Mondy James Whitlow Mayor Mondy Doris Craighead Mayor ProTem Hogue,Place 3 Geri Smith Councilman Worley,Place 5 Jim Griffin Councilman Trout,Place 6 Janet Johnson Councilman Young,Place 4 Jim Cummings Councilwoman Allen,Place 2 Jamie Greg Councilman Newsom,Place 1 City Manager Roath explained that these names would be brought back to Council, at the next Council meeting for ratification. Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 5 Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Young to adopt Ordinance #2005-12 establishing a Citizens Bond Advisory Committee; providing for the scope and authority of the Committee; providing for the appointment of its members; and providing for an effective date. A vote was taken and passed 7-0. 5. Consider and act upon an agreement between the City of Wylie and Abernathy, Roeder, Boyd and Joplin, P.C. ,for legal services. (M.Roath, City Manager) Staff Comments City Manager Roath addressed Council stating that at a meeting on September 27, 1994, the Finn made its presentation to the Wylie City Council,and subsequently the City Council voted to retain the Firm to serve as its City Attorney. The City approved a Retainer Agreement with the Firm on October 25, 1994. Mr. Roath reported that with the increasing use of legal services, the City initiated negotiations to develop an Agreement for Legal Services with the Firm, which addresses the position, term, services to be performed, compensation, billing, termination, independent contractor status, and City property. He explained that the agreement, once in place, would be more cost effective and more specifically describe the duties and expectations of the City and the firm. Council Discussion Councilman Young asked if the City would loose any services as a result of the agreement. Mr.Roath replied that the City would not loose any services in fact they would be enhanced. Councilman Newsom asked how much the City spent on legal fees with the Finn last year. Mr. Roath stated that the City was spending on an average of$10,500., per month which included all litigation. The agreement calls for$8,500 per month and is actually a reduction. Mayor Mondy asked if the Council could table this item for a couple of meetings so staff and council could discuss the measurements of performance for the items listed in the agreement. He also requested the exact legal costs previously spent. City Manager Roath stated he could provide this information within three weeks prior to the next Council meeting. He asked that any Council member wishing additional information to please call his office and he would provide that information to all Council members prior to the next Council meeting. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Worley to table Item #5 until the April 12, 2005 Council meeting to obtain more information pertaining to the agreement. A vote was taken and passed 7-0. 6. Consider and act upon award of a contract for the construction of Alanis Drive from SH 78 to Ballard Avenue to Site Concrete in the amount of$3,863,384.66. (C. Hoisted, City Engineer) Staff Comments City Engineer Holsted addressed Council stating that the City of Wylie 1999 Bond program included $3,700,000.00 for the reconstruction of Alanis Drive from SH 78 to South Ballard Avenue in accordance with the City's Thoroughfare Plan. Right of way for the project has been acquired or right of entry has been Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 6 obtained for all parcels. The construction includes expansion of the roadway to 3-lanes of concrete, a bridge over Muddy Creek, a 12-inch water line, and a signal at the new intersection of Alanis and SH 78. To date approximately $817,000 has been spent on the project for design and right-of-way acquisition. Funding for the project will be from the 1999 bond funds and water impact fee funds will be used for the installation of the 12-inch water line. Council Action A motion was made by Councilman Worley, seconded by Councilman Young to award a contract for the construction of Alanis Drive from SH 78 to Ballard Avenue to Site Concrete in the amount of $3,863,384.66. A vote was taken and passed 7-0. 7. Consider and act upon the naming of Cimarron Park to Eureka Park and Sage Creek North Park to Riverway Park. (R. Diaz,Asst Superintendent,Parks) Staff Comments Assistant Parks Supervisor Robert Diaz addressed Council stating that staff has been working with the Parks and Recreation Board since the end of 2004 on a list of potential names for Cimarron Park and Sage Creek North Park. From directives given by the Parks and Recreation Board, staff pursued working with the staff from the elementary schools in the vicinity of the parks to get input from the children on the name they would like for the parks. Prior to the February 28, 2005 Parks and Recreation Board meeting, the students of Akin Elementary(Mighty Diggers Club)submitted Eureka Park and the students from Groves Elementary(2nd, 3rd, 4th grades)submitted Riverway Park. Council Action A motion was made by Councilman Trout seconded by Councilman Worley to approve the naming of Cimarron Park to Eureka Park and Sage Creek North Park to Riverway Park. A vote was taken and passed 7-0. 8. Consider and act upon appointment of a new member of the Planning and Zoning Commission to replace Chris Seely for the unexpired term of July 2004 to July 2006. (C. Thompson,Planning and Zoning Director) Staff Comments Planning and Zoning Director Thompson addressed Council stating that Chris Seely was reappointed to the Planning and Zoning Commission for a two(2)year term expiring July 2006. Mr. Seely, who has served on the Commission since 2003,has recently accepted a position with an engineering firm. In order to avoid any potential conflict of interest,Mr. Seely has expressed his desire to resign immediately from the Commission. Council Action A motion was made by Mayor Pro Tem Hogue, seconded by Councilman Trout to appoint Scott Ames, currently serving on the Library Board, to replace Chris Seely on the Planning and Zoning Commission for the unexpired term of July 2004 until July 2006. A vote was taken and passed 7-0. Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 7 READING OF' gbtls 4.NCES TfT .,C8 CAPTION APkt.tiVtW C uN lV Q City Secretary Carole Ehrlich read the captions to Ordinance #2005-10, #2005-11, and #2005-12 into the official record. Mayor Mondy recessed into Executive Session at 7:29 p.m. CU'f' SSION Recess into Closed Session in compliance with Section 551.001, etseq., Texas Government Code,to wit: Section 551.071-Consultation with Attorney regarding a matter in which the duty of the City Attorney of the Texas Disciplinary Rules of Civil Conduct conflicts with the Open Meetings Act. • Nielson V City of Wylie Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at or in the vicinity of: • Alanis Drive Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at or in the vicinity of: • Ballard Avenue Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at or in the vicinity of: • Brown and W.A.Allen Mayor Mondy reconvened into open session at 8:22 p.m. ....................................................................................................................................................................................................................................... I Take any action as a result of Executive Session The following actions were taken as a result of Executive Session: Section 551.071-Consultation with Attorney regarding a matter in which the duty of the City Attorney of the Texas Disciplinary Rules of Civil Conduct conflicts with the Open Meetings Act. • Nielson V City of Wylie Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 8 Council Action A motion was made by Mayor Pro Tem Hogue seconded by Councilman Young to approve the settlement agreement in the case styled Nielson V City of Wylie filed in the 162nd District Court in Dallas County, Texas Cause No. 03-11305 and to approve the City's contribution of $15,000. toward the settlement and authorizing the Mayor to sign the settlement agreement as the City of Wylie representative. A vote was taken and passed 7-0. Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at or in the vicinity of: • Alanis Drive Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to accept the 5.32 acre tract of land located on Alanis, east of Glen Knoll Mobile Home Park as a credit toward the required parkland dedication for the 22 acre tract of land at an equivalent value of up to $5,000.00 per acre. A vote was taken and passed 7-0. Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at or in the vicinity of: • Ballard Avenue Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Young to authorize the City Manager to purchase property at 1102 South Ballard in an amount not to exceed$144,800. A vote was taken and passed 7-0. Section 551.072 To deliberate the purchase, exchange, lease or value of real property generally located at or in the vicinity of: • Brown and W.A.Allen Council Action A motion was made by Mayor Pro Tern Hogue, seconded by Councilman Worley to authorize the City Manager to negotiate the purchase of property at Brown Street and W. A. Allen not to exceed $170,000. A vote was taken and passed 7-0. Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 9 ADjOURNMENT With no further business before Council, the meeting was adjourned at 8:25 p.m. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—March 22,2005 Wylie City Council Special Called Meeting Page 10 MINUTES JOINT MEETING OF THE WYLIE CITY COUNCIL & THE WYLIE PLANNING AND ZONING COMMISSION Tuesday, March 29, 2005 - 6:00 p.m. Wylie Municipal Complex— Council Chambers 2000 State Highway 78 North CALL TO ORDER-:: YIn CITY COUNCIL&WYLIE. `LANNING &ZO INOO M ISSION>: Mayor John Mondy called the Wylie City Council Joint Meeting to order, Tuesday, March 29, 2005 at 6:04 p.m. with the following Council members present: Mayor Pro Tern Eric Hogue, Councilman Chris Trout, Councilman J. C. Worley, Councilman Merrill Young, and Councilman Earl Newsom. Councilwoman Reta Allen was absent. Staff present were: City Manager, Mark B. Roath; Assistant City Manager, Mindy Manson; City Engineer; Chris Holsted; Planning & Zoning Director, Claude Thompson; Public Information Officer, Mark Witter, and City Secretary, Carole Ehrlich. Dennis Larson, Chair of the Wylie Planning and Zoning Commission called the meeting to order at 6:06 p.m. with the following commission members present: Eic Alexander, Red Byboth, Dave Hennesey, and Kathy Spillyards. Scott Ames arrived at 6:40 p.m. • Presentation and discussion of Development Proposal for the 186.5-acre Jones tract, south of FM 544 and west of Regency Business Park. (ZC 2005-01) (Herschel Leffel of MeritageHomes and Rob Adams of Adams Engineering) ZC 05-01/186-acre Jones Tract: . Planning and Zoning Director, Claude Thompson introduced a proposal, tabled by the P&Z to be reheard April 5, 2005 stating that major concerns requiring Council direction include proposed lot size and residential density which does not conform to the recommendations of the Comprehensive Plan and the extension of McCreary Road. City Engineer, Chris Holsted addressed the McCreary extension, stating that the City is negotiating a land swap with the City of Sachse to locate all of the McCreary extension on the Jones tract so that it can be constructed entirely as part of this development. He also stated that the land fill (closed portion) can be utilized for park and recreation activities. Herschel Leffel of Meritage Homes, the applicant, presented the proposal and led the discussion of land uses and lot sizes. He stated that the adjacency to the land fill and deteriorated Regency industrial development and the major overhead electrical transmission line dictate smaller lots and lower cost homes. Council/Commission members responded that instead of smaller lots these adverse conditions dictate fewer, larger lots and higher values if not commercial/industrial uses rather than residential. Orville Jones, property owner, stated that his family has stewarded this land for 5 generations, and it was the wish of his mother (a Minutes—March 29,2005 Wylie City Council/Wylie P&Z Commission Joint Meeting Page 1 realtor in the Park-Cities and Preston Road area)that the land be developed for the mixed uses as proposed. Also present but not speaking were Rob Adams and Stacy Stockton of Adams Engineering. • Presentation and discussion of Development Proposal for the 59.3-acre Housewright tract, north of FM 544 and the Wooded Creek Addition, south of Sage Creek Phase 8 and east of Sage Creek Phase 4 and 7. (ZC 2005-03) (Bruce Prine of Ashton Woods Homes and John Bull of Dowdy Anderson Engineers) ZC 05-03/59-acre Housewright Tract: Planning and Zoning Director, Claude Thompson introduced the proposal, tabled by the P&Z to be reheard April 5, 2005 stating that the proposal continues the same lots sizes of the existing Sage Creek development but does not comply with the recommended larger lots and lower density of the Comp Plan. City Engineer, Chris Holsted addressed Council concerns that the proposal created too much traffic congestion, especially along Claybrook. He reviewed the traffic study which concludes that the proposed development as well as existing development does not burden Claybrook, and that adequate alternative routes are available to provide normal traffic relief and emergency access. He stated that the applicant has proposed to extend Mainstream to Riverway, which will additionally reduce potential for congestion. Neal Heckel of Ashton Woods Homes presented the proposal, assisted by engineer John Bull of Dowdey- Anderson. He stated that Ashton Woods has increased house size and cost throughout Sage Creek as the market allowed, but there is no market for acreage lots. They also plan to provide 30 acres of public park land with a trail, and believe that this provides the effective density close to that envisioned by the Comp Plan. Council/Commission generally recommended that larger lots were most appropriate for this isolated pocket surrounded by natural open space, and asked the feasibility of an additional north-south street along the west side of Muddy Creek to provide additional access (suggesting that the Thoroughfare Plan be restudied to consider such). Also present but not speaking were Bruce Prine of Ashton Woods, property owner Ronnie Housewright and realtor Chris Lander. A�T# lLJRIIEN..` . With no further business to come before the Wylie City Council and the Wylie Planning and Zoning Commission,the meeting was adjourned at 7:10 p.m. John Mondy,Mayor ATTEST: Carole Ehrlich,City Secretary Minutes—March 29,2005 Wylie City Council/Wylie P&Z Commission Joint Meeting Page 2 CITY OF WYLIE Item No. B Crry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: N/A Date Prepared: March 28, 2005 Budgeted Amount: N/A Exhibits: Multiple AGENDA SUBJECT: Consider and Place on File Comcast 2005 FCC Forms 1240 and 1205. RECOMMENDED ACTION: Place on File only. SUMMARY: The City received the 2005 FCC Form 1240 and Form 1205 from Comcast Cable Communic- ations, Inc. As stated in Comcast's cover letter, these forms represent annual filings for adjustment to regulated rates for basic service, equipment and installation prices for the 12-month period beginning June 1, 2005. Said materials are submitted in accordance with FCC regulations. APPROVED BY: Initial Date Department Director: \ City Manager: /YIdIC' \ y/y/S' CITY OF WYLIE Item No. a City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: March 28, 2005 Budgeted Amount: Undetermined Exhibits: One AGENDA SUBJECT: Consider, Approve, and Place on File the 2005 Public Utilities Commission of Texas Adjustment to Municipal Telecommunication Right-of-Way Access Line Rates for Wylie, Texas. RECOMMENDED ACTION: Approve and Place on File. SUMMARY: Chapter 283 of the State statutes establishes a uniform method for compensating municipalities for the use of a public right-of-way by certified telecommunications providers. Certified telecommunications providers are required to pay an affected municipality a quarterly amount calculated monthly based on the access line rates established by the Public Utility Commission of Texas. §283.055 (f). Note: The Commission uses the Consumer Price Index in annually revising its access line rates for affected municipalities, which are reflected herein as well. APPROVED BY: Initial Date Department Director: \ City Manager: /YJf t r eY 1701 N. Congress Ave.,PO Box 13326,Austin, TX 78711-3326 2005 CONSUMER PRICE INDEX ADJUSTMENT TO MUNICIPAL TELECOMMUNICATIONS RIGHT-OF-WAY ACCESS LINE RATES March 14,2005 PURPOSE This letter is to notify you that your city's 2004 maximum access line rates have increased by 1.27%due to inflation, also known as CPI. This adjustment has been made pursuant to Chapter 283 of the Local Government Code(House Bill 1777) DEFAULT RATES FOR 2005: INCREASE Based on the choices made by your city in April 2004,your city's 2005 rate will be adjusted for inflation, or will remain the same as your 2004 rate. According to our records, when similar CPI adjustments were made in April 2004,your city chose the MAXIMUM allowable CPI-adjusted rates. Therefore,your 2005 rates will reflect an increase of 1.27% from your 2004 rates. You have the option to decline this increase in rates by taking the action explained below. ACTION BY CITY: TO REFUSE THE INCREASE (1)You do not have to respond to accept the increased access line rates. (2)Respond ONLY if you want to DECLINE the increase in access line rates. (3)To decline,notify the PUC using page 2 of this letter no later than April 30. (4)The PUC does not require City council authorization;however,if your city charter requires it,please do so immediately. (5)Verify your contact information and highlight any changes. (6)Make a copy of this document. WHAT HAPPENS IF A CITY DOES NOT RESPOND BY APRIL 30,2005. If a city does not respond by April 30, 2005,the rates for your city will increase from 2004 levels. The next opportunity to adjust your rates will be September 1, 2005. WHAT HAPPENS NEXT The PUC will notify telephone companies of your desired rates and you will be compensated accordingly no later than July 1,2005. FUTURE REVISIONS TO CPI The access line rates will be revised annually in March depending on whether the CPI changes for the previous year. If the CPI changes for the year 2005,you will receive a similar letter in March 2006. See over... CITY OF WYLIE Item No. Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12. 2005 Originating Department: Enaineerina Prepared By: Chris Hoisted Account Code No. #: Date Prepared: April 6. 2005 Budgeted Amount: N/A Exhibits: Ordinance AGENDA SUBJECT:Consider and act upon approval of an Ordinance amending the Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines, Thoroughfare Standards and Standard Construction Details. RECOMMENDED ACTION: Approval SUMMARY: New manuals for the design of storm drainage, water and sanitary sewer lines and thoroughfares were adopted on January 22, 2002. The City of Wylie has also adopted the North Central Texas Council of Governments (NCTCOG) Standard Specifications for Public Works Construction as a base standard for infrastructure improvements. The proposed ordinance will adopt updated design standards and construction details to replace the current standards as well as modify the NCTCOG specifications. The new manuals have been updated to reflect current methods in construction and provide uniformity in infrastructure throughout the City. APPROVED BY: Initial Date Department Director: CH \ 4/6/05 City Manager: / 4<' \ 1 ORDINANCE NO. 2005-XX AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING WYLIE ORDINANCE NO. 2002-05; AMENDING ENGINEERING MANUALS FOR THE DESIGN OF STORM DRAINAGE SYSTEMS, WATER AND SANITARY SEWER LINES AND THOROUGHFARE STANDARDS AND STANDARD CONSTRUCTION DETAILS, PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie")to amend Wylie Ordinance No. 2002-05 Engineering Manuals for the Design of Storm Drainage Systems, Water and Sanitary Sewer Lines, and Thoroughfare Standards and Standard Construction Details (hereinafter collectively referred to as the "Design and Construction Standards"), NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Amending Wylie Ordinance No. 2002-05, Design and Construction Standards. The Design and Construction Standards are amended as indicated in the attached manuals. SECTION 3. Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending Ordinance No.2005-XX Page 1 of 2 Amendment to Design Standards Ordinance 3 prosecution for violation of the repealed ordinance,nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 4. Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 5. Effective Date. This Ordinance shall become effective from and after its passage and adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this 12th day of April 2005. JOHN MONDY, Mayor ATTESTED AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Publication in The Wylie News—April 20, 2005 Ordinance No.200540( Page 2 of 2 Amendment to Design Standards Ordinance 3 CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12, 2005 Originating Department: Engineering Prepared By: Chris Hoisted Account Code No. #: Date Prepared: April 1, 2005 Budgeted Amount: N/A Exhibits: Agreement AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute a Letter Agreement, in the amount of $105,900.00, with the Hogan Corporation for engineering services related to the Twin Lakes Outfall Sewer. RECOMMENDED ACTION: Approval SUMMARY: The Cities' sewer system master plan identifies upgrades to the system necessary to serve the future growth. The Twin Lakes outfall sewer will serve the eastern portion of the city and connect it directly to the new Muddy Creek Regional Wastewater Treatment Plant. Construction of the sewer line.will also eliminate the existing Twin Lakes lift station. The Hogan Corporation completed a sewer alignment study in October 2003 which identified the most cost effective route for the sewer line which is shown on the enclosed display. The project includes approximately 11,700 linear feet of 48-inch sewer line with a projected construction cost of$1,900,000. The project was included in the last sewer impact fee update and the current balance of the sewer impact fee fund is approximately $4,600,000. APPROVED BY: Initial Date Department Director: CH \ 4/1/05 City Manager: /nd/' \ VA/Us' 1 THE HOGAN CORPORATION Engineers• Planners• Consultants A TRC Company March 4, 2005 Mark Roath City Manager City of Wylie 2000 Highway 78 North Wylie, TX 75098 RE: Twin Lakes Outfall Sanitary Sewer TRC #44965 Dear Mr. Roath: In response to your request, we have prepared this Letter of Agreement for professional engineering services regarding the Twin Lakes Outfall Sewer in Wylie, TX. The Hogan Corporation(Engineer) will perform the following Scope of Work: A. PROJECT DESCRIPTION The Engineer shall perform the Design and Construction Phase Services and such other related Additional Services that may be authorized by the Owner for the construction of the Twin Lakes outfall sanitary sewer. The configuration of the proposed sewer was generally established in a report entitled "Twin Lakes Outfall Sanitary Sewer Alignment Study", dated October 2003. Based on the recommended (Alternate #1) alignment, this project comprises approximately 11,700 linear feet of 48-inch diameter sewer mains, including manholes and other appurtenances. B. PRE-WORK CONFERENCE The Engineer will meet with the Owner and other appropriate entities as/if needed to discuss the design criteria, work program and schedule, procedures of communication, additional surveys, assignments of personnel, and any other matters that may have a direct or indirect effect upon the completion and results of this project. TEL: (972)380-4646 FAX: (214)696-3795 8140 Walnut Hill Lane,Suite 500 Dallas, Texas 75231 C. DESIGN PHASE 1. Preliminary Design a. Review existing conditions at the project site to identify areas of special concern in design and possible problems to resolve. b. Review previous fieldwork completed, if any, and determine additional surveys required. c. Address other considerations of the project, such as utility relocations, adjustments or replacements, and note locations where conflicts may occur. d. Assist the Owner in securing the services of a Registered Professional Land Surveyor and Geotechnical Engineer, and coordinate their services on the Owner's behalf e. Import electronic survey data provided by the Project Surveyor to create background information for design drawings. f Confirm existing and future utility (water, sewer, drainage, gas, cable, TV, telephone, electric) locations, based on data furnished by utilities and the City. g. Establish the layout and alignment for the proposed sewer line. h. Coordinate preliminary layout of improvements with the City of Wylie, NTMWD, and utility companies. i. Annotate the preliminary layout to display property ownership information provided by the Project surveyor. It is understood that a representative of the City will coordinate with property owners. j. Field-check preliminary design. k. Present preliminary design drawings with preliminary cost projections to the Owner for review and comment. 2. Final Plans and Specifications a. Draft plan sheets to conform to final comments of the Owner from preliminary design review. b. Prepare final details. c. Prepare quantity of materials. d. Prepare final bid schedule, special conditions, specifications, proposal, and contract documents. e. Prepare projected cost of construction. TRC #44965 -2- March 2005 f. Submit one (1) set of prints of the final plans and specifications to NTMWD for review and comment. g. Present two (2) copies of plans and specifications to the Owner for final approval and authorization to proceed with the Construction Phase. D. CONSTRUCTION PHASE 1. Advertise and Receive Bids a. Coordinate the final printing of the construction plans and specifications for distribution to the proposed bidders. b. Notify individual qualified contractors of the project, and contact the Texas Contractor and Dodge Reports for publishing the description of the project and date for receiving bids. c. Assist the Owner in securing, opening, tabulating, and analyzing of bids. The Engineer will furnish recommendations on the award of the contract based on the lowest qualified bidder. d. Assist in the engineering phases of the preparation of the formal contract documents between the contractor and the Owner. 2. General Review of Construction a. Conduct a pre-construction meeting on site with representatives of the Contractor and OWNER. b. Make periodic visits to the site (as distinguished from the continuous services of a resident project representative) to observe the overall progress and quality of the work, and to determine general conformance with the requirements of the contract. c. Consult and advise with the Owner during construction, make recommendations to the Owner regarding the materials and workmanship, and prepare change orders with Owner's approval. d. Check and review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor is required to submit for conformance with the design concept of the Project and compliance with the information given by the contract documents, and assemble written guarantees which are required by the contract documents. e. Assist the Owner in arranging for testing of materials and laboratory control during construction to be conducted at the Owner's expense and interpret the results of such tests. f. Interpret intent of the plans and specifications for the Owner and contractor(s). TRC #44965 -3- March 2005 g. Review and comment on monthly and final estimates for payment to contractor(s). h. Conduct in company with the Owner's representative a final inspection of the Project for conformance with the design concept of the Project and compliance with the contract documents, and review and comment on the certificate of completion and the recommendation for final payment to the contractor(s). i. Prepare revisions of construction drawings with the assistance of the Owner's Project personnel and the construction contractor(s) reflecting changes in the Project made during construction. The Engineer shall provide these "Record Drawings" to the Owner as one set of reproducible sheets and two sets of prints. E. ADDITIONAL SERVICES It is mutually understood that the following services are not included in the Engineer's basic services described above, and if the Owner elects for the Engineer to provide such services, they are to be considered as "Additional Services"and will be compensated for accordingly. 1. The Owner will contract directly with a Registered Professional Land Surveyor (RPLS) for performing design and topographic surveys and any necessary land or boundary surveys for site or easement acquisitions. 2. It is anticipated that the Owner will furnish a full time Resident Project Representative to observe the construction work on a day-to-day basis and to give any necessary directives to the construction contractors. 3. Representatives of the Owner will prepare deed, easement dedication, and/or permit forms for properties, easements, or permits to be acquired and will need to take necessary steps for those acquisitions in a timely manner. 4. Provide consultation and advise as to the necessity of the Owner providing or obtaining other services such as auger borings, soil tests, or other subsurface explorations; laboratory testing and observation of samples or materials; environmental reviews or assessments; or other special consultations. The Owner will contract directly with qualified Geotechnical Engineering, Materials Testing, or Environmental Consulting firms as required. The Engineer will review any tests required and act as the Owner's representative in connection with any such services. F. RESPONSIBILITY OF THE OWNER Unless otherwise authorized in writing by the Owner for the Engineer to perform such other additional or special services,the Owner shall be responsible for the following services: TRC #44965 -4- March 2005 1. Provide the Engineer the assistance needed for collecting data from Owner's records for the design of the water system improvements. The acceptance and use of the data furnished by the Owner to the Engineer shall not operate to impose any obligation upon the Engineer to determine that the data is true, accurate, complete, or correct. 2. Provide the services of a qualified surveyor to furnish the necessary field data for the design of the proposed improvements, as well as prepare any necessary easement documents/displays, and to provide field control points for construction staking by the contractor. 3. Prepare applications for routine permits required by government and regulatory agencies. 4. Arrange for and coordinate the subcontract services of a Geotechnical Consultant for the soils investigation, as may be required. Also, the Geotechnical Consultant will investigate the soil conditions and recommend the requirements for preparing a trench safety program. 5. Authorize the Engineer to print, collate, and assemble an agreed number of plans, specifications, and bidding documents for distribution to prospective bidders. 6. Provide qualified personnel for daily observation of construction. 7. Communicate with affected landowners if/as needed to obtain permission to access properties for surveying, geotechnical field work, or other design-related tasks. 8. Prepare daily reports of construction activities, with copies of reports furnished to the Engineer. 9. Advise Engineer, on a weekly basis, of the progress of work, problems encountered in construction, quality of work performed, and other matters concerning the project status. 10. Confirm the percentage of completion for work performed, as submitted by the contractor, during each month. 11. Furnish the local news media with Notice to Bidders and coordinate the appropriate times that the notice is to appear prior to the bid opening date. G. TERMS AND CONDITIONS It is mutually agreed that the attached Terms and Conditions (Exhibit A) are incorporated into and are a part of this Agreement. TRC #44965 -5- March 2005 H. BASIS OF COMPENSATION 1. Availability of Funds The Owner agrees that funds, to the extent required, are currently available and sufficient to complete all phases of the proposed engineering services authorized under this Proposal. 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of$84,400.00. b. Additional Services For Design Phase For performing any Additional Services for the Design Phase, the Engineer is to be paid on a monthly billing basis for all time and materials expended and subcontract services provided in accordance with the current Rate Schedule (Attachment B). 3. Construction Phase a. Advertise and Receive Bids For performing these Construction Phase services, the Engineer is to be paid on a monthly billing basis in proportion to the services proposed herein which has been accomplished, as evidence by the monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The total compensation for the services performed shall be based on a lump sum amount of$3,900.00. b. General Review of Construction For performing the General Review of Construction, the Engineer is to be paid on a monthly billing basis for all time and materials expended and TRC#44965 -6- March 2005 subcontract services provided in accordance with the current Rate Schedule (Attachment B). Total compensation for the above services will not exceed $17,600.00, without additional authorization. c. Additional Services For Construction Phase For performing any Additional Services for Construction Phase, the Engineer is to be paid on a monthly billing basis for all time and materials expended and subcontract services provided in accordance with the current Rate Schedule (Attachment B). 4. Other Special Services - (As Directed By The Owner) If authorized in writing by the Owner, the Engineer shall furnish other services or tasks in addition to the scope of services proposed herein. For these special services, the Engineer is to be paid on a monthly billing basis for all time and materials expended and subcontract services provided in accordance with the current Rate Schedule (Attachment B). TIME FOR COMPLETION The design work to be performed, as authorized herein, is projected to be complete within 90 days after the Engineer receives completed survey information, subject to timely design-phase reviews and responses to requests for information. The completion time for the Bidding Phase Services is approximately thirty (30) days after authorization to advertise is issued by the City, while the Construction Review Phase Services are projected to be one hundred and eighty (180) days, depending on the actual construction contract time. The above mentioned times do not account for delays related to acquisition of easements or permits, or extended regulatory review times, which are not within the control of the Owner or Engineer. TRC #44965 -7- March 2005 Fees for services quoted in this Letter of Agreement are valid for a period of time not to exceed 60 days from the date of this letter. We appreciate this opportunity to provide engineering services to the City of Wylie. Please review this Letter of Agreement and upon acceptance, sign in the space provided below and sign and initial Attachment"A", returning one copy for our files. Sincerely, The Hogan Corporation A T Company Fuso , P . for Dir r APPROVED: ACCEPTED: CITY OF WYLIE, TEXAS The Hogan Corporation- ATRC Company By By John NI L . Fuson, P.E. Mayor Se ' r Director Date Date TRC #44965 -8- March 2005 Attachment A Terms and Conditions The Hogan Corporation, shall perform the services outlined in the agreement for the stated fee arrangement. Access To Site: Unless otherwise stated,the Firm will have access to the site for activities necessary for the performance of the services. The Firm will take precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage. Dispute Resolution: Any claims or disputes made during design, construction or post-construction between the Client and Firm shall be submitted to non- binding mediation. Client and Firm agree to include a similar mediation agreement with all contractors, subcontractors, subconsultants, suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties. Should recourse be made to litigation to resolve any issue in connection with the work or any terms of this Agreement, the non-prevailing party in any such litigation shall pay all costs including reasonable attorney fees. Billings/Payments: Invoices for the Firm's services shall be submitted, at the Firm's option, either upon completion of such services or on a monthly basis. Invoices shall be payable within 30 days after the invoice date. If the invoice is not paid within 30 days after the invoice date,the Firm may,without waiving any claim or right against the Client,and without liability whatsoever to the Client,terminate the performance of the service and retain all deliverables. Retainers shall be credited on the final invoice. Late Payments: Accounts unpaid 60 days after the invoice date may be subject to a monthly service charge of 1.5% (or the legal rate) on the then unpaid balance. In the event any portion or all of an account remains unpaid 90 days after billing, the Client shall pay all costs of collection,including reasonable attorney's fees. Indemnification: The Client shall, to the fullest extent permitted by law, indemnify and hold harmless the Firm, its parent company and their respective officers, directors, employees, agents and subconsultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs,arising out of or in any way connected with the performance by any of the parties above named of the services under this agreement, excepting only those damages, liabilities or costs attributable to the sole negligence or willful misconduct of the Firm. Certifications: Guarantees and Warranties: The Firm shall not be required to execute any document that would result in its certifying,guaranteeing or warranting the existence of conditions whose existence the Firm cannot ascertain. Limitation of Liability: In recognition of the relative risks, rewards and benefits of the project to both the Client and the Firm, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law,the Firm's total liability to the Client for any and all injuries, claims, losses, expenses, damages or claim expenses arising out of the agreement from any cause or causes, shall not exceed$ 105,900. Such causes include, but are not limited to,the Firm's negligence,errors,omissions,strict liability, breach of contr t or each of warranty. Initial here: (Firm) (Client). Termination of Services: This agreement may be terminated by the Client or the Firm should the other fail to perform its obligations hereunder. In the event of termination, the Client shall pay the Firm for all services rendered to the date of termination, all reimbursable expenses, and reimbursable termination expenses. Page 1 of 2 Attachment A Ownership of Documents: All documents produced by the Firm under this agreement shall remain the property of the Firm and may not be used by the Client for any other endeavor without the written consent of the Firm. Jobsite Safety: Neither the professional activities of the Design Professional, nor the presence of the Design Professional or his or her employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing,superintending or coordinating all portions of the Work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Design Professional and his or her personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The Client agrees that the General Contractor is solely responsible for jobsite safety, and warrants that this intent shall be made evident in the Client's agreement with the General Contractor. The Client also agrees that the Client,the Design Professional and the Design Professional's consultants shall be indemnified and shall be made additional insureds under the General Contractor's general liability insurance policy. APPROVED and ACCEPTED this the day of , 2005. (Client Rep. signature) (Print name) (Title) Page 2 of 2 Attachment A THE HOGAN CORPORATION A TRC Company Attachment B Effective 01/01/05 to 12/31/05 A. RECORDS Accurate and daily records of all labor, equipment, and materials furnished by The Hogan Corporation on a project will be kept. Daily records will be summarized on a weekly and/or monthly basis and submitted for review upon customer's written request. B. WAGE RATES 2.4 times salary cost Salary Cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveyors, clerks, laborers, etc., for time directly chargeable to the project, plus social security contributions, unemployment excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation and holiday pay applicable. C. REIMBURSABLE EXPENSES • Survey Equipment—will be invoiced as follows: Robotics = $40.00/hour GPS = $40.00/hour • Project Expenses - will be invoiced at a flat fee of $4.00/direct project hour (includes in-house reproduction, office materials, telecommunications, standard software, postage, computer expenses and field expendables). • Customer Requested Expenses - outside services such as, but not limited to outside reprographic services, materials, and equipment will be invoiced at cost plus 25%. • Mileage - Travel pay from portal to portal or between locations will be charged at $0.375 per mile for cars and $0.55 per mile for trucks. • Per Diem Expenses - Hotels and Meals will be charged per US government specification see www.perdiemrates.html . • Travel Expense - Airfare, car rental, taxi, parking and tolls will be invoiced at Cost +10%. D. SUBCONTRACTS An administrative fee of 10% will be added to the invoice cost of subcontracts administered by The Hogan Corporation. E. TERMS Customer will make payment to Contractor within thirty (30) days after receipt of invoice and are subject to The Hogan Corporation standard general terms and conditions. The above rates are subject to periodic adjustments based on market conditions. Page 1 of 1 Attachment B .. q�3"i;! �, fir' �' •+Y art R;#; kw k I krY= EY" dt " e r �5� cT� gel :.M* Ar f- ♦'i'x'JI3. r '9 :X' qrd' n f ■ s .� 1 4 a r tR o It*- ° 3 aF• n. + �' iC �4, r t*rf ° . A, d' I v dee '1, * y X �irr ry. y\� ' * '�k� Er� $r,Yi„ 4 .`A v „ y i` a w ``' y M '`t 4� n"" { - k"'C'_ t k y . , p y'�'1 ,k„`�, r E 'iR+, ,� t ti ] - �r ww'e� ` 51. '8, j4 yy it u" ,i. w '' £ A Nw ' ,. � i 1°16 M1•11 7.',' #' ,. , l �r .., it .. Mr� 9 '� � '�"i � ems. �- ., •, � eP� � ,{ ' w •�t Fiik LL14i3 " w ti { 4 O. a ' 4 15 k,� 2 , s " � ,I,,'", '�".�dt „, + 1�,{/ .4L 1, � 4w, � 1 Ar r yy i, � `,i",� gY V 444. • �ii i2' xi + ' '7ky `' .y Y .s y= . 4F , ♦,,f� `Ig4 ,+� ' i w ''s 4 , s #x;y«r.. ��µ w s1'mm.w.. 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' w ; , ' F 4 a A p`I V '._� ., Vic, Ii " W' '�k k CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: Anti! 12. 2005 Originating Department: Enaineerina Prepared By: Chris Hoisted Account Code No. #: Date Prepared: Anril 1. 2005 Budgeted Amount: N/A Exhibits: Amendment AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute an amendment to Work Order No. Wy1-32, in the amount of$14,800.00, to add the design of a 16-inch water line to the Ballard Ave. paving project. RECOMMENDED ACTION: Approval SUMMARY: The City of Wylie water system model and water master plan have been recently updated. The proposed changes to the plan include the addition of a 16-inch water line along Ballard Avenue. The Hogan Corporation is currently finalizing the design of the paving improvements to Ballard Ave., and the attached amendment revises the design phase services to include 2,400 linear feet of 16-inch water line. The proposal increases the design phase services by $14,800.00 for a total of$227,400.00. Water impact fee funds will be used for the construction of the line. APPROVED BY: Initial Date Department Director: CH \ 4/1/05 City Manager: /12d/ \ '//V%'c 1 2/21/2005 AMENDMENT TO: WORK ORDER FOR PROFESSIONAL SERVICES WORK ORDER NO. WYL-32 PAVING AND DRAINAGE IMPROVEMENTS ALONG Ballard Avenue (STONE ROAD SOUTH TO CITY LIMITS ) The reference to Work Order No. WYL-32 is hereby amended as follows: C. DESIGN PHASE 3. Final Plans and Specifications h. Revise the plan and profile sheets to include 2,400 LF of 16"waterline along Ballard Avenue from Birmingham Street to Alanis Drive. The 16"waterline is to be designed and incorporated into the paving and drainage plans. i. Review and update paving and drainage plans to reflect changed field conditions which are expected to be minor. G. BASIS OF COMPENSATION 2. Design Phase a. Engineering The Owner shall make payments to the Engineer for performing the engineering services described in the Design Phase, Section C, on a monthly billing basis in proportion to that part of the services proposed herein which has been accomplished, as evidenced by monthly statements submitted by the Engineer and approved by the Owner. Final payment shall be due upon completion of these services. The compensation for the engineering design services performed shall be based on a lump sum amount of$227,400. -1- 2/21/2005 APPROVED: ACCEPTED: CITY OF WYLIE TRC/THE HOGAN CORPORATION By By a , e John Mondy Raymon arr, P.E. Mayor Senior P ject Manager Date Date 2- Z/ By . F • , P.E. r Dir= for Date Z' 2 j U/ -2- CITY OF WYLIE Item No. G City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12, 2005 Originating Department: Parks and Recreation Prepared By: Jim Holcomb Account Code No. #: Date Prepared: 3/31/05 Budgeted Amount: Exhibits: Contract AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute a contract with A New Deal Irrigation, Inc., in the amount of$51,200.00, for irrigation systems in Sage Creek North Park(Riverway Park) and Cimarron Estates Park(Eureka Park). RECOMMENDED ACTION: Staff recommends approval SUMMARY: During the meeting of March 22, 2005, the City Council awarded a bid in the amount of$51,200.00 to A New Deal Irrigation for the installation of irrigation systems in Sage Creek North Park (Riverway Park) and Cimarron Estates Park(Eureka Park). Based on that bid award, contract documents have been prepared and submitted for approval. Staff recommends that Council authorize the Mayor to execute the contract, a copy of which is provided herewith. APPROVED BY: Initial Date Department Director: JH \ 3/31/05 City Manager: / \ YAM' CONTRACT STATE OF TEXAS } COUNTY OF COLLIN } THIS AGREEMENT, made and entered into this 12th day of April, 2005, by and between The City of Wylie, a municipal corporation of the County of Collin and the State of Texas, Party of the First Part (hereinafter termed "City"), and A New Deal Irrigation, Inc. of the City of Wylie, County of Collin and State of Texas, Party of the Second Part (hereinafter termed"Contractor"). WITNESSETH: That for and in consideration of the payments and agreements hereinafter set forth, the City and Contractor agree as follows: THE CONTRACTOR shall perform all of the work as specified in the contract documents, generally described as: INSTALLATION OF IRRIGATION SYSTEMS AT SAGE CREEK NORTH& CIMARRON ESTATES PARKS and all extra work in connection therewith under the terms of the contract documents and, at Contractor's own proper cost and expense, shall furnish all materials, supplies, machinery equipment, tools, superintendence, labor, insurance and other accessories and services necessary to complete said work in accordance with the conditions and prices stated in the bid attached hereto. THE CITY shall pay the Contractor for the performance of the work, subject to additions or deductions by change order or as otherwise provided in the contract documents, in current funds, the sum of Fifty One Thousand Two Hundred Dollars ($51,200.00). THE CONTRACT DOCUMENTS shall consist of this written agreement, the bid specifications, Contractor's Bid Submittal and the construction plans, all of which constitute the entire agreement between the City and the Contractor, and are as fully a part of this contract as if attached to or repeated in this agreement. IN WITNESS WHEREOF, the parties have executed this agreement in the year and day first above written. CITY OF WYLIE CON l'RACTOR By: By: Attest: CITY OF WYLIE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR IRRIGATION SYSTEMS The City of Wylie is soliciting competitive bids for the installation of irrigation systems at Sage Creek North Park and Cimarron Estates Park. Sealed bids will be accepted at the Wylie Municipal Complex, Office of the Purchasing Agent, 2000 Highway 78 North, Wylie, Texas until 2:00 PM March 9, 2005 at which time and place all duly received bids will be publicly opened. The City reserves the right to reject any or all bids and to accept the bid that provides the best value for the City. The successful bidder shall provide all labor, materials and equipment necessary for the installation of specified irrigation systems. Contractors must be registered with the City of Wylie and shall be required to obtain applicable City permits (fees waived). Upon request, contractors shall provide a minimum of three references for similar projects completed within the last two years. The work for the Sage Creek North project shall commence as soon as possible after award of contract and shall be completed within thirty working days. The Cimarron Estates project shall commence on or about May 1, 2005, upon notice from the City, and shall be completed within forty-five working days thereafter. IRRIGATION CITY OF WYLIE SAGE CREEK NORTH PARK PART 1 -GENERAL 1.1 SCOPE A. Provide complete sprinkler installation as detailed and specified herein, includes furnishing all labor, materials, and equipment for the proper installation. Work includes but is not limited to: 1. Trenching and backfill 2. Automatic controlled system. 3. Upon completion of installation, supply drawings showing details of construction including location of mainline piping, manual and automatic valves, electrical supply to valves, and specifically exact location of automatic valves. B. All sleeves as shown on plans are existing by City of Wylie. Meter and backfiow preventer to be provided by City of Wylie. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. See Irrigation Plans. See plans for controller, heads, and valves. 1.3 APPLICABLE STANDARDS A. America Standard for Testing and Materials (ASTM)—Latest edition. 1. D2241 Poly (Vinyl Chloride) (PVC) Plastic Pipe (SDR-PR) 2. D2464 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Thread, Schedule 80 3. D2455 Poly(Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40 4. D2467 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Socket Type, Schedule 80 5. D2564 Solvent Cements for Poly(Vinyl Chloride) (PVC) Plastic Pipe and Fittings 6. D2287 Flexible Poly Vinyl Chloride (PVC) Plastic Pipe City of Wylie 02810- 1 Irrigation 7. F656 Poly Vinyl Chloride (PVC) Solvent Weld Primer 8. D2855 Making Solvent—Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings 1.4 MAINTENANCE AND GUARANTEE A. Materials and workmanship shall be fully guaranteed for one (1) year after final acceptance. B. Provide maintenance of system, including raising and lowering of heads to compensate for lawn growth, cleaning and adjustment of heads, raising and lowering of shrub heads to compensate for shrub growth, for one (1) year after completion of installation. C. Guarantee is limited to repair and replacement of defective materials or workmanship, including repair of backfill settlement. 1.5 SUBMITTALS A. Procedure: Comply with Division I requirements. B. Product Data: Submit (5) copies of equipment manufacturer's specifications and literature for approval by City of Wylie prior to installation. C. Project Record Documents 1. Comply with Division I requirements. 2. Locate by written dimension, routing of mainline piping, remote control valves and quick coupling valves. Locate mainlines by single dimensions from permanent site features provided they run parallel to these elements. Locate valves, intermediate electrical connections, and quick couplers by two dimensions from a permanent site feature at approximately 70 degrees to each other. 3. When dimensioning is complete,transpose work to mylar reproducible tracings. 4. Submit completed tracings prior to final acceptance. Mark tracings"Record Prints Showing Significant Changes'. Date and sign drawings. 5. Provide three complete operation manuals and equipment brochures neatly bound in a hard back three-ring binder. Include product data on all installed materials. Include warranties and guarantees extended to the Owner by the manufacturer of all equipment. D. Quick Coupler Keys: Provide 3 coupler keys with boiler drains attached using brass reducer. E. Controller Keys: Provide three sets of keys to controller enclosure(s). F. Use of materials differing in quality, size, or performance from those specified will only be allowed upon written approval of the City of Wylie. The decision will be based on comparative ability of material or article to perform fully all purposes of mechanics and general design considered to be possessed by item specified. G. Bidders desiring to make a substitution for specified sprinklers shall submit manufacturer's catalog sheet showing full specification of each type sprinkler proposed as a substitute, including discharge in GPM maximum allowable operating pressure at sprinkler. City of Wylie 02810-2 Irrigation H. Approval of substitute sprinkler shall not relieve Irrigation Contractor of his responsibility to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. I. It is the responsibility of the Irrigation Contractor to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. If Irrigation Contractor notes any problems in head spacing or potential coverage, it is his responsibility to notify the City of Wylie in writing, before proceeding with work. Irrigation Contractor guarantees 100% coverage of all areas to be irrigated. 1.6 TESTING A. Perform testing required with other trades, including earthwork, paving, plumbing, electrical, etc. to avoid unnecessary cutting, patching and boring. B. Water Pressure: Prior to starting construction, determine if static water pressure is as stated on Drawings. Confirm findings to City of Wylie in writing. If static pressure varies from pressure stated on drawings, do not start work until notified to do so by City of Wylie. 1.7 COORDINATION A. Coordinate installation with other trades, including earthwork, paving, and plumbing,to avoid unnecessary cutting, patching and boring. B. Coordinate system installation with work specified in other sections and coordinate with City of Wylie to ensure plant material is uniformly watered in accordance with intent shown on drawings. PART 2 -PRODUCTS 2.1 GENERAL A. Mainline: Piping from water source to operating valves. This portion of piping is subject to surges, being a closed portion of sprinkler system. Hydrant lines are considered a part of sprinkler main. B. Lateral Piping: Lateral piping is that portion of piping from operating valve to sprinkler heads. This portion of piping is not subject to surges, being an "open end" portion of sprinkler system. 2.2 POLY VINYL CHLORIDE PIPE(PVC PIPE) A. PVC pipe shall be manufactured in accordance with commercial standards noted herein. B. Marking and Identification: PVC pipe shall be continuously and permanently marked with the following information: manufacturer's name, pipe size,type of pipe, and material, SDR number, product standard number, and the NSF (National Sanitation Foundation) seal. C. PVC Pipe Fittings: Shall be of the same material as the PVC pipe specified and shall be compatible with PVC pipe furnished. City of Wylie 02810-3 Irrigation 2.3 COPPER TUBING Hard, straight lengths of domestic manufacture only. No copper tube of foreign extrusion or any so-called irrigation tubing (thin wall) shall be used. 2.4 COPPER TUBE FITTINGS Cast brass or wrought copper, sweat-solder type. 2.5 WIRE A. Type OF with 4-64" insulation which is Underwriter's Laboratory approved for direct underground burial when used in a National Electric Code Class II Circuit (30 volts AC or less). B. Wire Connectors: Waterproof splice kit connectors. Type DBY by 3M. 2.6 SCHEDULE 80 PVC NIPPLES A. Composed of Standard Schedule 40 PVC Fittings and PVC meeting noted standards. No clamps or wires may be used. Nipples for heads and shrub risers to be nominal one- half inch diameter by eight inches long, where applicable. B. Polyethylene nipples six(6") inches long to be used on all pop-up spray heads. 2.7 MATERIALS -See Irrigation Plan A. Sprinkler heads in lawn area as specified on plan. B. PVC Pipe: Class 200, SPR 21 Copper Tubing (City Connection): Type"M" 24V Wire: Size 14, Type U.F. C. Electric valves to be all plastic construction as indicated on plans. C. Refer to drawing for backflow prevention requirements and flow valve. PART 3 -EXECUTION 3.1 INSTALLATION -GENERAL A. Staking: Before installation is started, place a stake where each sprinkler is to be located, in accordance with drawing. Staking shall be approved by City of Wylie before proceeding. B. Excavations: Excavations are unclassified and include earth, loose rock, rock or any combination thereof, in wet or dry state. Backfill trenches with material that is suitable for compaction and contains no lumps, clods rock, debris, etc. Special backfill specifications, if furnished take preference over this general specification. C. Backfill: Flood or hand-tamp to prevent after settling. Hand rake trenches and adjoining area to leave grade in as good or better condition than before installation. City of Wylie 02810-4 Irrigation D. Piping Layout: Piping layout is diagrammatic. Route piping around trees and shrubs in such a manner as to avoid damage to plantings. Do not dig within ball of newly planted trees or shrubs. 3.2 PIPE INSTALLATION A. Sprinkler Mains: Install a four(4") inch minimum trench with a minimum of eighteen (18") inches of cover. B. Lateral Piping: Install a four(4") inch wide minimum trench deep enough to allow for installation of sprinkler heads and valves, but in no case,with less than twelve (12") of cover. C. Trenching: Remove lumber, rubbish, and large rocks from trenches. Provide firm, uniform bearing for entire length of each pipe line to prevent uneven settlement. Wedging or blocking of pipe will not be permitted. Remove foreign matter or dirt from inside of pipe before welding, and keep piping clean by approved means during and after laying of pipe. 3.3 PVC PIPE AND FITTING ASSEMBLY A. Solvent: Use only solvent recommended by manufacturer to make solvent-welded joints. Thoroughly clean pipe and fittings of dirt, dust and moisture before applying solvent. B. PVC to metal connection: Work metal connections first. Use a non-hardening pipe dope such as Permatex No. 2 on threaded PVC adapters into which pipe may be welded. 3.4 COPPER TUBING AND FITTING ASSEMBLY Clean pipe and fitting thoroughly and lightly sand pipe connections to remove residue from pipe. Attach fittings to tubing in an approved manner using 50-50 soft solid core solder. 3.5 POP-UP SPRAY HEADS Supply pop-up spray heads in accordance with materials list and plan. Attach sprinkler to lateral piping with a semi-flexible polyethylene nipple not less than three (3") inches or more than six (6") inches long. Bubbler, 12" Pop-ups and Rotary Heads to be installed per detail using flex PVC. 3.6 VALVES Supply valves in accordance with materials list and sized according to drawings. Install valves in a level position in accordance with Manufacturer's Specifications. See plan for typical installation of electric valve, valve box. 3.7 WIRING A. Supply wire from the automatic sprinkler controls to the valves. No conduit will be required for U.F.wire unless otherwise noted on the plan. Wire shall be tucked under the piping. B. A separate wire is required from the control to each electric valve. A common neutral wire is also required from each control to each of the valves served by each particular City of Wylie 02810- 5 Irrigation control. C. Bundle multiple wires and tape them together at ten (10) foot intervals. Install ten (10") inch expansion coil at not more than one hundred (100)foot intervals. Make splices waterproof. 3.8 AUTOMATIC SPRINKLER CONTROLS Supply in accordance with Irrigation Plan. Install according to manufacturer's recommendations. 3.9 TESTING A. Sprinkler Mains: Test sprinkler main only for a period of twelve (12)to fourteen (14) hours under normal pressure. If leaks occur, replace joint or joints and repeat test. B. Complete tests prior to backfiliing. Sufficient backfill material may be placed in trenches between fittings to insure stability of line under pressure. In each case, leave fittings and couplings open to visual inspection for full period of test. 3.10 FINAL ADJUSTMENT After installation has been completed, make final adjustment of sprinkler system in preparation for final inspection. Completely flush system to remove debris from lines and turning on system. Check sprinklers for proper operation and proper alignment for direction of flow. Check each section of spray heads for operating pressure and balance to other sections by use of flow adjustment and top of each valve. Check nozzling for proper coverage. Prevailing wind conditions may indicate that arch of angle of spray should be other than shown on drawings. In this case, change nozzles to provide correct coverage. END OF SECTION City of Wylie 02810-6 Irrigation IRRIGATION CITY OF WYLIE CIMARRON PARK PART 1 -GENERAL 1.1 SCOPE A. Provide complete sprinkler installation as detailed and specified herein, includes furnishing all labor, materials, and equipment for the proper installation. Work includes but is not limited to: 1. Trenching and backfill 2. Automatic controlled system. 3. Upon completion of installation, supply drawings showing details of construction including location of mainline piping, manual and automatic valves, electrical supply to valves, and specifically exact location of automatic valves. B. All paving and sidewalks are existing and requiring boring.All boring and sleeving will be installed by L.I.C. unless otherwise noted. Meter and backflow preventer to be provided by City of Wylie. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. See Irrigation Plans. See plans for controller, heads, and valves. 1.3 APPLICABLE STANDARDS A. America Standard for Testing and Materials (ASTM) —Latest edition. 1. D2241 Poly (Vinyl Chloride) (PVC) Plastic Pipe (SDR-PR) 2. D2464 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Thread, Schedule 80 3. D2455 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40 4. D2467 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Socket Type, Schedule 80 5. D2564 Solvent Cements for Poly(Vinyl Chloride) (PVC) Plastic Pipe and Fittings 6. D2287 Flexible Poly Vinyl Chloride(PVC) Plastic Pipe 7. F656 Poly Vinyl Chloride (PVC) Solvent Weld Primer 8. D2855 Making Solvent—Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings 1.4 MAINTENANCE AND GUARANTEE A. Materials and workmanship shall be fully guaranteed for one (1) year after final acceptance. B. Provide maintenance of system, including raising and lowering of heads to compensate for lawn growth, cleaning and adjustment of heads, raising and lowering of shrub heads to compensate for shrub growth, for one (1) year after completion of installation. C. Guarantee is limited to repair and replacement of defective materials or workmanship, including repair of backfill settlement. City of Wylie 02810- 1 Irrigation 1.5 SUBMITTALS A. Procedure: Comply with Division I requirements. B. Product Data: Submit(5) copies of equipment manufacturer's specifications and literature for approval by City of Wylie prior to installation. C. Project Record Documents 1. Comply with Division I requirements. 2. Locate by written dimension, routing of mainline piping, remote control valves and quick coupling valves. Locate mainlines by single dimensions from permanent site features provided they run parallel to these elements. Locate valves, intermediate electrical connections, and quick couplers by two dimensions from a permanent site feature at approximately 70 degrees to each other. 3. When dimensioning is complete,transpose work to mylar reproducible tracings. 4. Submit completed tracings prior to final acceptance. Mark tracings"Record Prints Showing Significant Changes". Date and sign drawings. 5. Provide three complete operation manuals and equipment brochures neatly bound in a hard back three-ring binder. Include product data on all installed materials. Include warranties and guarantees extended to the Owner by the manufacturer of all equipment. D. Quick Coupler Keys: Provide 3 coupler keys with boiler drains attached using brass reducer. E. Controller Keys: Provide three sets of keys to controller enclosure(s). F. Use of materials differing in quality, size, or performance from those specified will only be allowed upon written approval of the City of Wylie. The decision will be based on comparative ability of material or article to perform fully all purposes of mechanics and general design considered to be possessed by item specified. G. Bidders desiring to make a substitution for specified sprinklers shall submit manufacturer's catalog sheet showing full specification of each type sprinkler proposed as a substitute, including discharge in GPM maximum allowable operating pressure at sprinkler. H. Approval of substitute sprinkler shall not relieve Irrigation Contractor of his responsibility to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. I. It is the responsibility of the Irrigation Contractor to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. If Irrigation Contractor notes any problems in head spacing or potential coverage, it is his responsibility to notify the City of Wylie in writing, before proceeding with work. Irrigation Contractor guarantees 100% coverage of all areas to be irrigated. 1.6 TESTING A. Perform testing required with other trades, including earthwork, paving, plumbing, electrical, etc. to avoid unnecessary cutting, patching and boring. B. Water Pressure: Prior to starting construction, determine if static water pressure is as City of Wylie 02810-2 Irrigation stated on Drawings. Confirm findings to City of Wylie in writing. If static pressure varies from pressure stated on drawings, do not start work until notified to do so by City of Wylie. 1.7 COORDINATION A. Coordinate installation with other trades, including earthwork, paving, and plumbing, to avoid unnecessary cutting, patching and boring. B. Coordinate system installation with work specified in other sections and coordinate with City of Wylie to ensure plant material is uniformly watered in accordance with intent shown on drawings. PART 2 -PRODUCTS 2.1 GENERAL A. Mainline: Piping from water source to operating valves. This portion of piping is subject to surges, being a closed portion of sprinkler system. Hydrant lines are considered a part of sprinkler main. B. Lateral Piping: Lateral piping is that portion of piping from operating valve to sprinkler heads. This portion of piping is not subject to surges, being an "open end" portion of sprinkler system. 2.2 POLY VINYL CHLORIDE PIPE (PVC PIPE) A. PVC pipe shall be manufactured in accordance with commercial standards noted herein. B. Marking and Identification: PVC pipe shall be continuously and permanently marked with the following information: manufacturer's name, pipe size,type of pipe, and material, SDR number, product standard number, and the NSF (National Sanitation Foundation) seal. C. PVC Pipe Fittings: Shall be of the same material as the PVC pipe specified and shall be compatible with PVC pipe furnished. 2.3 COPPER TUBING Hard,straight lengths of domestic manufacture only. No copper tube of foreign extrusion or any so-called irrigation tubing (thin wall)shall be used. 2.4 COPPER TUBE FITTINGS Cast brass or wrought copper, sweat-solder type. 2.5 WIRE A. Type OF with 4-64"insulation which is Underwriter's Laboratory approved for direct underground burial when used in a National Electric Code Class Il Circuit(30 volts AC or less). B. Wire Connectors: Waterproof splice kit connectors. Type DBY by 3M. City of Wylie 02810- 3 Irrigation 2.6 SCHEDULE 80 PVC NIPPLES A. Composed of Standard Schedule 40 PVC Fittings and PVC meeting noted standards. No clamps or wires may be used. Nipples for heads and shrub risers to be nominal one- half inch diameter by eight inches long,where applicable. B. Polyethylene nipples six(6") inches long to be used on all pop-up spray heads. 2.7 MATERIALS -See Irrigation Plan A. Sprinkler heads in lawn area as specified on plan. B. PVC Pipe: Class 200, SPR 21 Copper Tubing (City Connection): Type "M" 24V Wire: Size 14, Type U.F. C. Electric valves to be all plastic construction as indicated on plans. C. Refer to drawing for backflow prevention requirements and flow valve. PART 3 -EXECUTION 3.1 INSTALLATION -GENERAL A. Staking: Before installation is started, place a stake where each sprinkler is to be located, in accordance with drawing. Staking shall be approved by City of Wylie before proceeding. B. Excavations: Excavations are unclassified and include earth, loose rock, rock or any combination thereof, in wet or dry state. Backfill trenches with material that is suitable for compaction and contains no lumps, clods rock, debris, etc. Special backfill specifications, if furnished take preference over this general specification. C. Backfill: Flood or hand-tamp to prevent after settling. Hand rake trenches and adjoining area to leave grade in as good or better condition than before installation. D. Piping Layout: Piping layout is diagrammatic. Route piping around trees and shrubs in such a manner as to avoid damage to plantings. Do not dig within ball of newly planted trees or shrubs. 3.2 PIPE INSTALLATION A. Sprinkler Mains: Install a four(4") inch minimum trench with a minimum of eighteen (18") inches of cover. B. Lateral Piping: Install a four(4") inch wide minimum trench deep enough to allow for installation of sprinkler heads and valves, but in no case,with less than twelve (12") of cover. City of Wylie 02810-4 Irrigation C. Trenching: Remove lumber, rubbish, and large rocks from trenches. Provide firm, uniform bearing for entire length of each pipe line to prevent uneven settlement. Wedging or blocking of pipe will not be permitted. Remove foreign matter or dirt from inside of pipe before welding, and keep piping clean by approved means during and after laying of pipe. 3.3 PVC PIPE AND FITTING ASSEMBLY A. Solvent: Use only solvent recommended by manufacturer to make solvent-welded joints. Thoroughly clean pipe and fittings of dirt, dust and moisture before applying solvent. B. PVC to metal connection: Work metal connections first. Use a non-hardening pipe dope such as Permatex No. 2 on threaded PVC adapters into which pipe may be welded. 3.4 COPPER TUBING AND FITTING ASSEMBLY Clean pipe and fitting thoroughly and lightly sand pipe connections to remove residue from pipe. Attach fittings to tubing in an approved manner using 50-50 soft solid core solder. 3.5 POP-UP SPRAY HEADS Supply pop-up spray heads in accordance with materials list and plan. Attach sprinkler to lateral piping with a semi-flexible polyethylene nipple not less than three (3") inches or more than six (6") inches long. Bubbler, 12'Pop-ups and Rotary Heads to be installed per detail using flex PVC. 3.6 VALVES Supply valves in accordance with materials list and sized according to drawings. Install valves in a level position in accordance with Manufacturer's Specifications. See plan for typical installation of electric valve, valve box. 3.7 WIRING A. Supply wire from the automatic sprinkler controls to the valves. No conduit will be required for U.F. wire unless otherwise noted on the plan. Wire shall be tucked under the piping. B. A separate wire is required from the control to each electric valve. A common neutral wire is also required from each control to each of the valves served by each particular control. C. Bundle multiple wires and tape them together at ten (10)foot intervals. Install ten (10") inch expansion coil at not more than one hundred (100)foot intervals. Make splices waterproof. 3.8 AUTOMATIC SPRINKLER CONTROLS Supply in accordance with Irrigation Plan. Install according to manufacturer's recommendations. 3.9 TESTING City of Wylie 02810- 5 irrigation A. Sprinkler Mains: Test sprinkler main only for a period of twelve (12)to fourteen (14) hours under normal pressure. If leaks occur, replace joint or joints and repeat test. B. Complete tests prior to backfilling. Sufficient backfill material may be placed in trenches between fittings to insure stability of line under pressure. In each case, leave fittings and couplings open to visual inspection for full period of test. 3.10 FINAL ADJUSTMENT After installation has been completed, make final adjustment of sprinkler system in preparation for final inspection. Completely flush system to remove debris from lines and turning on system. Check sprinklers for proper operation and proper alignment for direction of flow. Check each section of spray heads for operating pressure and balance to other sections by use of flow adjustment and top of each valve. Check nozzling for proper coverage. Prevailing wind conditions may indicate that arch of angle of spray should be other than shown on drawings. In this case, change nozzles to provide correct coverage. END OF SECTION City of Wylie 02810-6 Irrigation AND, INC. A "NEW DEAL" IRRIGATION IRRIGATION SPECIALISTS P.O. BOX 1089 WYLIE,TEXAS 75098 (972)442-4077 FAX(972)442-5527 March 8, 2005 City of Wylie Purchasing Department 2000 Highway 78 North Wylie,TX 75098 Project: Sage Creek North Park Re: Irrigation As per plans and specifications TOTAL PROPOSED PRICE $11,356.00 Project: Cimarron Estates Park Re: Irrigation ( 2 v-I? As per plans and specifications TOTAL PROPOSED PRICE $39,844.00 flAi�J 1 �'f�1�• f?ot-e,"4" V- 74.0ekrt."41 Seftrid.171 3191oS- I IRRIGATION IN TEXAS IS REGULATED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION P.O. BOX 13087, AUSTIN TEXAS 7 87 1 1-3087 IRRIGATION CITY OF WYLIE CIMARRON PARK PART 1 -GENERAL 1.1 SCOPE A. Provide complete sprinkler installation as detailed and specified herein, includes furnishing all labor, materials, and equipment for the proper installation. Work includes but is not limited to: 1. Trenching and backfill 2. Automatic controlled system. 3. Upon completion of installation, supply drawings showing details of construction including location of mainline piping, manual and automatic valves, electrical supply to valves, and specifically exact location of automatic valves. B. All paving and sidewalks are existing and requiring boring. All boring and sleeving will be installed by L.I.C. unless otherwise noted. Meter and backflow preventer to be provided by City of Wylie. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. See Irrigation Plans. See plans for controller, heads, and valves. 1.3 APPLICABLE STANDARDS A. America Standard for Testing and Materials (ASTM) — Latest edition. 1. D2241 Poly (Vinyl Chloride) (PVC) Plastic Pipe (SDR-PR) 2. D2464 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Thread, Schedule 80 3. D2455 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40 4. D2467 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Socket Type, Schedule 80 5. D2564 Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings 6. D2287 Flexible Poly Vinyl Chloride (PVC) Plastic Pipe 7. F656 Poly Vinyl Chloride (PVC) Solvent Weld Primer 8. D2855 Making Solvent—Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings 1.4 MAINTENANCE AND GUARANTEE A. Materials and workmanship shall be fully guaranteed for one (1) year after final acceptance. B. Provide maintenance of system, including raising and lowering of heads to compensate for lawn growth, cleaning and adjustment of heads, raising and lowering of shrub heads to compensate for shrub growth, for one (1) year after completion of installation. C. Guarantee is limited to repair and replacement of defective materials or workmanship, including repair of backfill settlement. City of Wylie 02810 - 1 Irrigation 1.5 SUBMITTALS A. Procedure: Comply with Division I requirements. B. Product Data: Submit (5) copies of equipment manufacturer's specifications and literature for approval by City of Wylie prior to installation. C. Project Record Documents 1. Comply with Division I requirements. 2. Locate by written dimension, routing of mainline piping, remote control valves and quick coupling valves. Locate mainlines by single dimensions from permanent site features provided they run parallel to these elements. Locate valves, intermediate electrical connections, and quick couplers by two dimensions from a permanent site feature at approximately 70 degrees to each other. 3. When dimensioning is complete, transpose work to mylar reproducible tracings. 4. Submit completed tracings prior to final acceptance. Mark tracings"Record Prints Showing Significant Changes". Date and sign drawings. 5. Provide three complete operation manuals and equipment brochures neatly bound in a hard back three-ring binder. Include product data on all installed materials. Include warranties and guarantees extended to the Owner by the manufacturer of all equipment. D. Quick Coupler Keys: Provide 3 coupler keys with boiler drains attached using brass reducer. E. Controller Keys: Provide three sets of keys to controller enclosure(s). F. Use of materials differing in quality, size, or performance from those specified will only be allowed upon written approval of the City of Wylie. The decision will be based on comparative ability of material or article to perform fully all purposes of mechanics and general design considered to be possessed by item specified. G. Bidders desiring to make a substitution for specified sprinklers shall submit manufacturer's catalog sheet showing full specification of each type sprinkler proposed as a substitute, including discharge in GPM maximum allowable operating pressure at sprinkler. H. Approval of substitute sprinkler shall not relieve Irrigation Contractor of his responsibility to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. I. It is the responsibility of the Irrigation Contractor to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. If Irrigation Contractor notes any problems in head spacing or potential coverage, it is his responsibility to notify the City of Wylie in writing, before proceeding with work. Irrigation Contractor guarantees 100% coverage of all areas to be irrigated. 1.6 TESTING A. Perform testing required with other trades, including earthwork, paving, plumbing, electrical, etc. to avoid unnecessary cutting, patching and boring. B. Water Pressure: Prior to starting construction, determine if static water pressure is as City of Wylie 02810 - 2 Irrigation stated on Drawings. Confirm findings to City of Wylie in writing. If static pressure varies from pressure stated on drawings, do not start work until notified to do so by City of Wylie. 1.7 COORDINATION A. Coordinate installation with other trades, including earthwork, paving, and plumbing, to avoid unnecessary cutting, patching and boring. B. Coordinate system installation with work specified in other sections and coordinate with City of Wylie to ensure plant material is uniformly watered in accordance with intent shown on drawings. PART 2 -PRODUCTS 2.1 GENERAL A. Mainline: Piping from water source to operating valves. This portion of piping is subject to surges, being a closed portion of sprinkler system. Hydrant lines are considered a part of sprinkler main. B. Lateral Piping: Lateral piping is that portion of piping from operating valve to sprinkler heads. This portion of piping is not subject to surges, being an "open end" portion of sprinkler system. 2.2 POLY VINYL CHLORIDE PIPE (PVC PIPE) A. PVC pipe shall be manufactured in accordance with commercial standards noted herein. B. Marking and Identification: PVC pipe shall be continuously and permanently marked with the following information: manufacturer's name, pipe size, type of pipe, and material, SDR number, product standard number, and the NSF (National Sanitation Foundation) seal. C. PVC Pipe Fittings: Shall be of the same material as the PVC pipe specified and shall be compatible with PVC pipe furnished. 2.3 COPPER TUBING Hard, straight lengths of domestic manufacture only. No copper tube of foreign extrusion or any so-called irrigation tubing (thin wall) shall be used. 2.4 COPPER TUBE FITTINGS Cast brass or wrought copper, sweat-solder type. 2.5 WIRE A. Type OF with 4-64" insulation which is Underwriter's Laboratory approved for direct underground burial when used in a National Electric Code Class II Circuit (30 volts AC or less). B. Wire Connectors: Waterproof splice kit connectors. Type DBY by 3M. City of Wylie 02810 - 3 Irrigation 2.6 SCHEDULE 80 PVC NIPPLES A. Composed of Standard Schedule 40 PVC Fittings and PVC meeting noted standards. No clamps or wires may be used. Nipples for heads and shrub risers to be nominal one- half inch diameter by eight inches long, where applicable. B. Polyethylene nipples six (6") inches long to be used on all pop-up spray heads. 2.7 MATERIALS -See Irrigation Plan A. Sprinkler heads in lawn area as specified on plan. B. PVC Pipe: Class 200, SPR 21 Copper Tubing (City Connection): Type "M" 24V Wire: Size 14, Type U.F. C. Electric valves to be all plastic construction as indicated on plans. C. Refer to drawing for backflow prevention requirements and flow valve. PART 3 - EXECUTION 3.1 INSTALLATION -GENERAL A. Staking: Before installation is started, place a stake where each sprinkler is to be located, in accordance with drawing. Staking shall be approved by City of Wylie before proceeding. B. Excavations: Excavations are unclassified and include earth, loose rock, rock or any combination thereof, in wet or dry state. Backfill trenches with material that is suitable for compaction and contains no lumps, clods rock, debris, etc. Special backfill specifications, if furnished take preference over this general specification. C. Backfill: Flood or hand-tamp to prevent after settling. Hand rake trenches and adjoining area to leave grade in as good or better condition than before installation. D. Piping Layout: Piping layout is diagrammatic. Route piping around trees and shrubs in such a manner as to avoid damage to plantings. Do not dig within ball of newly planted trees or shrubs. 3.2 PIPE INSTALLATION A. Sprinkler Mains: Install a four(4") inch minimum trench with a minimum of eighteen (18") inches of cover. B. Lateral Piping: Install a four(4") inch wide minimum trench deep enough to allow for installation of sprinkler heads and valves, but in no case, with less than twelve (12") of cover. City of Wylie 02810 - 4 Irrigation C. Trenching: Remove lumber, rubbish, and large rocks from trenches. Provide firm, uniform bearing for entire length of each pipe line to prevent uneven settlement. Wedging or blocking of pipe will not be permitted. Remove foreign matter or dirt from inside of pipe before welding, and keep piping clean by approved means during and after laying of pipe. 3.3 PVC PIPE AND FITTING ASSEMBLY A. Solvent: Use only solvent recommended by manufacturer to make solvent-welded joints. Thoroughly clean pipe and fittings of dirt, dust and moisture before applying solvent. B. PVC to metal connection: Work metal connections first. Use a non-hardening pipe dope such as Permatex No. 2 on threaded PVC adapters into which pipe may be welded. 3.4 COPPER TUBING AND FITTING ASSEMBLY Clean pipe and fitting thoroughly and lightly sand pipe connections to remove residue from pipe. Attach fittings to tubing in an approved manner using 50-50 soft solid core solder. 3.5 POP-UP SPRAY HEADS Supply pop-up spray heads in accordance with materials list and plan. Attach sprinkler to lateral piping with a semi-flexible polyethylene nipple not less than three (3") inches or more than six (6") inches long. Bubbler, 12" Pop-ups and Rotary Heads to be installed per detail using flex PVC. 3.6 VALVES Supply valves in accordance with materials list and sized according to drawings. Install valves in a level position in accordance with Manufacturer's Specifications. See plan for typical installation of electric valve, valve box. 3.7 WIRING A. Supply wire from the automatic sprinkler controls to the valves. No conduit will be required for U.F. wire unless otherwise noted on the plan. Wire shall be tucked under the piping. B. A separate wire is required from the control to each electric valve. A common neutral wire is also required from each control to each of the valves served by each particular control. C. Bundle multiple wires and tape them together at ten (10') foot intervals. Install ten (10") inch expansion coil at not more than one hundred (100') foot intervals. Make splices waterproof. 3.8 AUTOMATIC SPRINKLER CONTROLS Supply in accordance with Irrigation Plan. Install according to manufacturer's recommendations. 3.9 TESTING City of Wylie 02810 - 5 Irrigation A. Sprinkler Mains: Test sprinkler main only for a period of twelve (12) to fourteen (14) hours under normal pressure. If leaks occur, replace joint or joints and repeat test. B. Complete tests prior to backfilling. Sufficient backfill material may be placed in trenches between fittings to insure stability of line under pressure. In each case, leave fittings and couplings open to visual inspection for full period of test. 3.10 FINAL ADJUSTMENT After installation has been completed, make final adjustment of sprinkler system in preparation for final inspection. Completely flush system to remove debris from lines and turning on system. Check sprinklers for proper operation and proper alignment for direction of flow. Check each section of spray heads for operating pressure and balance to other sections by use of flow adjustment and top of each valve. Check nozzling for proper coverage. Prevailing wind conditions may indicate that arch of angle of spray should be other than shown on drawings. In this case, change nozzles to provide correct coverage. END OF SECTION BID SUBMITTAL & EXECUTION OF CONTRACT TOTAL BID AMOUNT FOR SAGE CREEK NORTH PARK PROJECT: $ 11,356.00 TOTAL BID AMOUNT FOR CIMMARON ESTATES PARK PROJECT: $ 39,844.00 TOTAL AMOUNT OF CONTRACT AWARD: $ 51,200.00 BIDDER NAME AND ADDRESS: A NEW DEAL IRRIGATION, INC. PO BOX 1089 WYLIE, TEXAS 75098 THE CONTRACT DOCUMENTS, CONSISTING OF THE SPECIFICATIONS AND BID SUBMITTAL CONTAINED HEREIN AND THE CONSTRUCTION PLANS WHICH ARE INCORPORATED HEREIN BY REFERENCE, COMPRISE THE ENTIRE CONTRACTUAL AGREEMENT BETWEEN A NEW DEAL IRRIGATION, INC. AND THE CITY OF WYLIE. IN WITNESS WHEREOF, WE, THE CONTRACTING PARTIES, BY OUR DULY AUTHORIZED AGENT, HERETO AFFIX OUR SIGNATURES THIS DAY OF , 2005. CITY OF WYLIE, TEXAS A NEW DEAL IRRIGATION, INC. BY: BY: ATTEST: City of Wylie 02810 - 6 Irrigation CITY OF WYLIE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR IRRIGATION SYSTEMS The City of Wylie is soliciting competitive bids for the installation of irrigation systems at Sage Creek North Park and Cimarron Estates Park. Sealed bids will be accepted at the Wylie Municipal Complex, Office of the Purchasing Agent, 2000 Highway 78 North, Wylie, Texas until 2:00 PM March 9, 2005 at which time and place all duly received bids will be publicly opened. The City reserves the right to reject any or all bids and to accept the bid that provides the best value for the City. The successful bidder shall provide all labor, materials and equipment necessary for the installation of specified irrigation systems. Contractors must be registered with the City of Wylie and shall be required to obtain applicable City permits (fees waived). Upon request, contractors shall provide a minimum of three references for similar projects completed within the last two years. The work for the Sage Creek North project shall commence as soon as possible after award of contract and shall be completed within thirty working days. The Cimarron Estates project shall commence on or about May 1, 2005, upon notice from the City, and shall be completed within forty-five working days thereafter. IRRIGATION CITY OF WYLIE SAGE CREEK NORTH PARK PART 1 -GENERAL 1.1 SCOPE A. Provide complete sprinkler installation as detailed and specified herein, includes furnishing all labor, materials, and equipment for the proper installation. Work includes but is not limited to: 1. Trenching and backfill 2. Automatic controlled system. 3. Upon completion of installation, supply drawings showing details of construction including location of mainline piping, manual and automatic valves, electrical supply to valves, and specifically exact location of automatic valves. B. All sleeves as shown on plans are existing by City of Wylie. Meter and backflow preventer to be provided by City of Wylie. 1.2 RELATED WORK SPECIFIED ELSEWHERE A. See Irrigation Plans. See plans for controller, heads, and valves. 1.3 APPLICABLE STANDARDS A. America Standard for Testing and Materials (ASTM) — Latest edition. 1. D2241 Poly (Vinyl Chloride) (PVC) Plastic Pipe (SDR-PR) 2. D2464 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Thread, Schedule 80 3. D2455 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Schedule 40 4. D2467 Poly (Vinyl Chloride) (PVC) Plastic Pipe Fittings, Socket Type, Schedule 80 5. D2564 Solvent Cements for Poly (Vinyl Chloride) (PVC) Plastic Pipe and Fittings 6. D2287 Flexible Poly Vinyl Chloride (PVC) Plastic Pipe City of Wylie 02810 - 1 Irrigation 7. F656 Poly Vinyl Chloride (PVC) Solvent Weld Primer 8. D2855 Making Solvent—Cemented Joints with Poly (Vinyl Chloride) (PVC) Pipe and Fittings 1.4 MAINTENANCE AND GUARANTEE A. Materials and workmanship shall be fully guaranteed for one (1) year after final acceptance. B. Provide maintenance of system, including raising and lowering of heads to compensate for lawn growth, cleaning and adjustment of heads, raising and lowering of shrub heads to compensate for shrub growth, for one (1) year after completion of installation. C. Guarantee is limited to repair and replacement of defective materials or workmanship, including repair of backfill settlement. 1.5 SUBMITTALS A. Procedure: Comply with Division I requirements. B. Product Data: Submit (5) copies of equipment manufacturer's specifications and literature for approval by City of Wylie prior to installation. C. Project Record Documents 1. Comply with Division I requirements. 2. Locate by written dimension, routing of mainline piping, remote control valves and quick coupling valves. Locate mainlines by single dimensions from permanent site features provided they run parallel to these elements. Locate valves, intermediate electrical connections, and quick couplers by two dimensions from a permanent site feature at approximately 70 degrees to each other. 3. When dimensioning is complete, transpose work to mylar reproducible tracings. 4. Submit completed tracings prior to final acceptance. Mark tracings "Record Prints Showing Significant Changes". Date and sign drawings. 5. Provide three complete operation manuals and equipment brochures neatly bound in a hard back three-ring binder. Include product data on all installed materials. Include warranties and guarantees extended to the Owner by the manufacturer of all equipment. D. Quick Coupler Keys: Provide 3 coupler keys with boiler drains attached using brass reducer. E. Controller Keys: Provide three sets of keys to controller enclosure(s). F. Use of materials differing in quality, size, or performance from those specified will only be allowed upon written approval of the City of Wylie. The decision will be based on comparative ability of material or article to perform fully all purposes of mechanics and general design considered to be possessed by item specified. G. Bidders desiring to make a substitution for specified sprinklers shall submit manufacturer's catalog sheet showing full specification of each type sprinkler proposed as a substitute, including discharge in GPM maximum allowable operating pressure at sprinkler. City of Wylie 02810 - 2 Irrigation H. Approval of substitute sprinkler shall not relieve Irrigation Contractor of his responsibility to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. It is the responsibility of the Irrigation Contractor to demonstrate that final installed sprinkler system will operate according to intent of originally designed and specified system. If Irrigation Contractor notes any problems in head spacing or potential coverage, it is his responsibility to notify the City of Wylie in writing, before proceeding with work. Irrigation Contractor guarantees 100% coverage of all areas to be irrigated. 1.6 TESTING A. Perform testing required with other trades, including earthwork, paving, plumbing, electrical, etc. to avoid unnecessary cutting, patching and boring. B. Water Pressure: Prior to starting construction, determine if static water pressure is as stated on Drawings. Confirm findings to City of Wylie in writing. If static pressure varies from pressure stated on drawings, do not start work until notified to do so by City of Wylie. 1.7 COORDINATION A. Coordinate installation with other trades, including earthwork, paving, and plumbing, to avoid unnecessary cutting, patching and boring. B. Coordinate system installation with work specified in other sections and coordinate with City of Wylie to ensure plant material is uniformly watered in accordance with intent shown on drawings. PART 2 -PRODUCTS 2.1 GENERAL A. Mainline: Piping from water source to operating valves. This portion of piping is subject to surges, being a closed portion of sprinkler system. Hydrant lines are considered a part of sprinkler main. B. Lateral Piping: Lateral piping is that portion of piping from operating valve to sprinkler heads. This portion of piping is not subject to surges, being an "open end" portion of sprinkler system. 2.2 POLY VINYL CHLORIDE PIPE (PVC PIPE) A. PVC pipe shall be manufactured in accordance with commercial standards noted herein. B. Marking and Identification: PVC pipe shall be continuously and permanently marked with the following information: manufacturer's name, pipe size, type of pipe, and material, SDR number, product standard number, and the NSF (National Sanitation Foundation) seal. C. PVC Pipe Fittings: Shall be of the same material as the PVC pipe specified and shall be compatible with PVC pipe furnished. City of Wylie 02810 - 3 Irrigation 2.3 COPPER TUBING Hard, straight lengths of domestic manufacture only. No copper tube of foreign extrusion or any so-called irrigation tubing (thin wall) shall be used. 2.4 COPPER TUBE FITTINGS Cast brass or wrought copper, sweat-solder type. 2.5 WIRE A. Type OF with 4-64" insulation which is Underwriter's Laboratory approved for direct underground burial when used in a National Electric Code Class II Circuit (30 volts AC or less). B. Wire Connectors: Waterproof splice kit connectors. Type DBY by 3M. 2.6 SCHEDULE 80 PVC NIPPLES A. Composed of Standard Schedule 40 PVC Fittings and PVC meeting noted standards. No clamps or wires may be used. Nipples for heads and shrub risers to be nominal one- half inch diameter by eight inches long, where applicable. B. Polyethylene nipples six (6") inches long to be used on all pop-up spray heads. 2.7 MATERIALS -See Irrigation Plan A. Sprinkler heads in lawn area as specified on plan. B. PVC Pipe: Class 200, SPR 21 Copper Tubing (City Connection): Type "M" 24V Wire: Size 14, Type U.F. C. Electric valves to be all plastic construction as indicated on plans. C. Refer to drawing for backflow prevention requirements and flow valve. PART 3 -EXECUTION 3.1 INSTALLATION -GENERAL A. Staking: Before installation is started, place a stake where each sprinkler is to be located, in accordance with drawing. Staking shall be approved by City of Wylie before proceeding. B. Excavations: Excavations are unclassified and include earth, loose rock, rock or any combination thereof, in wet or dry state. Backfill trenches with material that is suitable for compaction and contains no lumps, clods rock, debris, etc. Special backfill specifications, if furnished take preference over this general specification. C. Backfill: Flood or hand-tamp to prevent after settling. Hand rake trenches and adjoining area to leave grade in as good or better condition than before installation. City of Wylie 02810 - 4 Irrigation D. Piping Layout: Piping layout is diagrammatic. Route piping around trees and shrubs in such a manner as to avoid damage to plantings. Do not dig within ball of newly planted trees or shrubs. 3.2 PIPE INSTALLATION A. Sprinkler Mains: Install a four (4") inch minimum trench with a minimum of eighteen (18") inches of cover. B. Lateral Piping: Install a four(4") inch wide minimum trench deep enough to allow for installation of sprinkler heads and valves, but in no case, with less than twelve (12") of cover. C. Trenching: Remove lumber, rubbish, and large rocks from trenches. Provide firm, uniform bearing for entire length of each pipe line to prevent uneven settlement. Wedging or blocking of pipe will not be permitted. Remove foreign matter or dirt from inside of pipe before welding, and keep piping clean by approved means during and after laying of pipe. 3.3 PVC PIPE AND FITTING ASSEMBLY A. Solvent: Use only solvent recommended by manufacturer to make solvent-welded joints. Thoroughly clean pipe and fittings of dirt, dust and moisture before applying solvent. B. PVC to metal connection: Work metal connections first. Use a non-hardening pipe dope such as Permatex No. 2 on threaded PVC adapters into which pipe may be welded. 3.4 COPPER TUBING AND FITTING ASSEMBLY Clean pipe and fitting thoroughly and lightly sand pipe connections to remove residue from pipe. Attach fittings to tubing in an approved manner using 50-50 soft solid core solder. 3.5 POP-UP SPRAY HEADS Supply pop-up spray heads in accordance with materials list and plan. Attach sprinkler to lateral piping with a semi-flexible polyethylene nipple not less than three (3") inches or more than six (6") inches long. Bubbler, 12" Pop-ups and Rotary Heads to be installed per detail using flex PVC. 3.6 VALVES Supply valves in accordance with materials list and sized according to drawings. Install valves in a level position in accordance with Manufacturer's Specifications. See plan for typical installation of electric valve, valve box. 3.7 WIRING A. Supply wire from the automatic sprinkler controls to the valves. No conduit will be required for U.F. wire unless otherwise noted on the plan. Wire shall be tucked under the piping. B. A separate wire is required from the control to each electric valve. A common neutral wire is also required from each control to each of the valves served by each particular City of Wylie 02810 - 5 Irrigation control. C. Bundle multiple wires and tape them together at ten (10') foot intervals. Install ten (10") inch expansion coil at not more than one hundred (100') foot intervals. Make splices waterproof. 3.8 AUTOMATIC SPRINKLER CONTROLS Supply in accordance with Irrigation Plan. Install according to manufacturer's recommendations. 3.9 TESTING A. Sprinkler Mains: Test sprinkler main only for a period of twelve (12) to fourteen (14) hours under normal pressure. If leaks occur, replace joint or joints and repeat test. B. Complete tests prior to backfilling. Sufficient backfill material may be placed in trenches between fittings to insure stability of line under pressure. In each case, leave fittings and couplings open to visual inspection for full period of test. 3.10 FINAL ADJUSTMENT After installation has been completed, make final adjustment of sprinkler system in preparation for final inspection. Completely flush system to remove debris from lines and turning on system. Check sprinklers for proper operation and proper alignment for direction of flow. Check each section of spray heads for operating pressure and balance to other sections by use of flow adjustment and top of each valve. Check nozzling for proper coverage. Prevailing wind conditions may indicate that arch of angle of spray should be other than shown on drawings. In this case, change nozzles to provide correct coverage. END OF SECTION City of Wylie 02810 - 6 Irrigation CITY OF WYLIE Item No. H City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12, 2005 Originating Department: Parks and Recreation Prepared By: Michael Sferra Account Code No. #: 100-5511-58150 Date Prepared: April 1, 2005 Budgeted Amount: $3,000.00 Exhibits: Proposal AGENDA SUBJECT: Consider and act upon authorizing the Mayor to execute a contract, in an amount not to exceed $3,000.00, with Kleinfelder for geotechnical engineering services related to the construction of two pedestrian bridges in Riverway Park. RECOMMENDED ACTION: Approval SUMMARY: The FY04-05 budget for the Park Department included funding for the installation of two pedestrian bridges in Riverway Park located on Riverway Lane. The proposed bridges will be constructed in or near the 100 year flood plain, and geotechnical engineering services are required to properly determine the approximate depth at which the piers will need to be set. The scope of services includes the following: • Conduct boring at the site. • Obtain samples of the soils encountered. • Observe and record any groundwater seepage during drilling. • Backfill boreholes. • Perform geotechnical laboratory testing of the samples. • Provide four copies of a report. • Provide foundation recommendations, including type, depth, and allowable loading values. Upon completion of this work, the information will be forwarded to the City's engineering consultant, Birkhoff, Hendricks & Conway, L.L.P., that is currently working on the related bridge design. APPROVED BY: Initial Date Department Director: MS \ 4/1/05 City Manager: k' \ y/46r KLEINFELDER An employee owned company March 21, 2005 KA Proposal No. MCK5P132 Mr. Bill Nelson Parks &Recreation Superintendent City of Wylie 949 Hensley Lane Wylie, Texas 75098 Subject: Proposed Geotechnical Study Wylie Park Pedestrian Bridge Wylie, Texas Dear Mr. Nelson: We are pleased to submit this geotechnical engineering proposal for the proposed Park Pedestrian Bridge in Wylie, Texas. Our McKinney office was started specifically to better and more efficiently service our clients in the Collin County area. We live and work here. Based on the information provided by Mr. Joe Carter, PE, with Birkhoff, Hendricks and Conway, L.L.P., we understand that the project will consist of an approximately 60-foot long pedestrian bridge. The proposed scope of work includes exploring subsurface soil and groundwater conditions, obtaining physical soil properties by laboratory testing, and providing a summary of our findings. This proposed Basic Services are as follows. SCOPE OF BASIC SERVICES Field Exploration • Drill one (1) boring on the eastern side of the creek to a depth of 35 feet or 10 feet into the unweathered rock formation, whichever is shallower. • Obtain relatively undisturbed thin-walled tube samples and standard penetration test samples as appropriate for the soils encountered • Rock will be evaluated in-place using the Texas Department of Transportation (TxDOT) Cone Penetration Test • Observe for groundwater seepage during drilling and record level. • Backfill boreholes with cuttings upon completion MCK5P132 Page I of 4 March 22,2005 Copyright 2005 Kleinfelder KLEINFELDER 2035 Central Circle, Suite 108, McKinney,TX 75069-8254 (972) 562-4677 (972) 542-4366 tax Laboratory Testing Selected laboratory testing may be conducted on samples that are representative of the materials obtained during the field exploration, if considered necessary. The tests will be used to evaluate and classify the soil samples, identify subsurface characteristics at the boring locations, and provide data for the analysis. The tests include: • Atterberg limits (liquid and plastic limits) (3 tests maximum) • Percent passing no. 200 sieve (3 tests maximum) • Swell at overburden (1 tests maximum) • Unconfined compressive strength on soil (5 tests maximum) • Moisture content and soil unit weight (5 tests maximum) Kleinfelder will retain soil and rock samples for 30 days after completion of the report. Further samples storage or transfer can be made at the owner's expense upon written request. Engineering Analysis and Report An engineering analysis and evaluation of the field and laboratory data will be performed for the project based on available project concepts. Information to be provided in the report is as follows: • Plan of borings illustrating the approximate location of each boring • A log of each boring indicating the boring number, depth of each stratum, soil classification and description, and groundwater information • A summary of the laboratory test results • A general discussion of the project site, site geology, and subsurface soil • A summary of our observations of subsurface seepage/groundwater during the field operations • Estimates of expansive soil movement • Foundation recommendations, including type, depth and allowable loading values • Earthwork recommendations • Four(4) bound copies of the report MCKSP 132 Page 2 of 4 March 22,2005 Copyright 2005 Kleinfelder KLEINFELDER 2035 Central Circle, Suite 108, McKinney,TX 75069-8254 (972)562-4677 (972)542-4366 tax INFORMATION/SERVICES PROVIDED BY CITY OF WYLIE • Designate a person to coordinate with to complete the scope of work in this proposal. • Provide an electronic site plan, or a printed copy of the site plan. • Survey locations of boreholes and provide the information to Kleinfelder if that degree of accuracy is required. • Kleinfelder will contact the Texas One Call system to locate buried utilities. However, this system does not always locate buried utilities outside of easements. Please indicate the location of known subsurface utilities that may not be located by the Texas One Call system. ADDITIONAL SERVICES Services not specifically included in the Basic Services will be considered as Additional Services, if and when required or requested, including but not limited to any costs, including bulldozers, or equipment replacement where applicable, associated with decontamination of personnel or equipment as a result of encountering hazardous or toxic materials at the site. Kleinfelder will put down the barbed-wire fence on the eastern side of the creek to gain access to the drill site and make temporary repairs to the fence when the work is complete. Any permanent fence repair is outside the scope of this proposal. COMPENSATION Kleinfelder proposes to perform the Basic Services for a lump sum of$3,000. This amount will not be exceeded without prior approval and assumes that the site is open and accessible to a truck-mounted drilling rig. The City of Wylie and Kleinfelder may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. Rates for this additional work are available upon request. Services provided by Kleinfelder will be consistent with the engineering standards prevailing at the time and in the area that the work is performed; no other warranty, expressed or implied, is intended. Please indicate your approval of the proposal by signing below after reviewing our General Terms and Conditions. After you have signed both originals, please return one original and retain the other original for your records. Both parties must accept any modifications of the attached language. Please call if you have questions. * * * MCK5P132 Page 3 of 4 March 22,2005 Copyright 2005 Kleinfelder KLEINFELDER 2035 Central Circle, Suite 108, McKinney,TX 75069-8254 (972) 562-4677 1972) 542-4366 fax We appreciate the opportunity to provide you with this proposal and look forward to working with you on this project. Please let us know if you have any comments or questions. Sincerely, KLEINFELDER Marc T. Mi�,{�r, P.E. Bill Campbell, Jr .E. iJ` cc: Mr. Joe Carter, P.E. Birkhoff, Hendricks and Conway, L.L.P. Attachments: Kleinfelder General Terms and Conditions ASFE Statement City of Wylie agrees to the Scope of Work described in this Proposal and Cost Estimate and the General Conditions attached and incorporated herein. Signature: Name: Title: Date: MCK5P132 Page 4 of 4 March 22,2005 Copyright 2005 Kleinfelder KLEINFELDER 2035 Central Circle, Suite 108, McKinney,TX 75069-8254 (972) 562-4677 (972) 542-4366 tax KLEINFELDER GENERAL CONDITIONS(PROFESSIONAL SERVICES) 1. Services. This Agreement is entered into between Client and Kleinfelder, Inc. ("Consultant") wherein Client engages Consultant to provide professional services ("Services") in connection with the project described in the proposal("Project")to which these General Conditions are attached. Client agrees that services not specifically described in the Scope of Services identified in Consultant's proposal are not included in the Scope of Services described by Consultant. This Agreement, including the proposal,these General Conditions,Consultant's Addenda and Fee Schedule, represents the entire Agreement between the parties and supercedes any and all agreements between the parties,either oral or in writing,including any purchase or work order issued by Client. 2. Payment. Client shall pay invoices upon receipt. Invoices not paid within thirty(30)days of the invoice date shall be subject to a late payment fee of 1'%%per month from the date of invoice. Additionally,Consultant may,upon five(5)calendar days'notice to Client,suspend all Services until paid in full and may terminate the Agreement. 3. Prevailing Wages. It is Client's legal responsibility to determine whether the Project is covered under prevailing wage regulations. Unless Client specifically informs Consultant in writing that the Project is a prevailing wage project and is identified as such in Consultant's Scope of Services, Client agrees to reimburse Consultant and to defend, indemnify and hold harmless Consultant from and against any liability,including costs,fines and attorneys'fees, resulting from a subsequent determination that the Project was covered under prevailing wage regulations. 4. Work Product. Services provided under this Agreement,including all reports,information,recommendations,or opinions("Reports")prepared or issued by Consultant,are for the exclusive use and benefit of Client or its agents in connection with the Project,are not intended to inform,guide or otherwise influence any other entities or persons with respect to any particular business transactions,and should not be relied upon by any entities or persons other than Client or its agents for any purpose other than the Project. Client will not distribute or convey such Reports to any other persons or entities without Consultant's prior written consent which shall include a release of Consultant from liability and indemnification by the third party. Consultant's Reports, boring logs, maps, field data, drawings, test results and other work products are part of Consultant's professional services,do not constitute goods or products and are copyrighted works of Consultant.However,such copyright is not intended to limit the Client's use of its work product in connection with the Project. 5. Standard of Care. Consultant will strive to perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the Consultant's profession practicing in the same locality under similar circumstances at the time the services are performed. This Agreement creates no other representation,warranty or guarantee,express or implied. 6. Limitation of Liability. Consultant's potential liability to Client and others is grossly disproportionate to Consultant's fee due to size,scope,and value of the Project. Therefore, unless Client and Consultant otherwise agree in writing in consideration for an increase in Consultant's fee,Client,including its directors, officers, partners, employees, agents, contractors and their respective assigns, agree to limit Consultant's liability (whether arising from contract, statutory violation or tort)to the greater of$25,000 or the amount of Consultant's fee.This limitation of liability shall apply to all phases of Services performed in connection with this Project,whether subsequent to or prior to the execution of this Agreement. In no event shall Consultant be liable for consequential,incidental or special damages. 7. Construction Observation. If included in the Services,Consultant's services during construction,shall be limited to observation and testing of construction operations. Consultant shall not be responsible for constant or exhaustive inspection of the work,the means and methods of construction or the safety procedures employed by Client's contractor. Performance of construction observation services does not constitute a warranty or guarantee of any type,since even with diligent observation,some construction defects,deficiencies or omissions in the Contractor's work may occur. Client shall hold its contractor solely responsible for the quality and completion of the Project,including construction in accordance with the construction documents. Any duty hereunder is for the sole benefit of the Client and not for any third party,including the contractor or any subcontractor. Client,or its designees,shall notify Consultant at least 24 hours in advance of any field tests and observations required by the construction documents. 8. Certifications. Consultant shall sign certifications only if(a) Consultant approves the form of such certification prior to the commencement of Services, (b) such certification is included in Consultant's Services,(c)the certification is limited to a statement of professional opinion and does not constitute a warranty or guarantee,express or implied. Any certification shall not relieve any entity of its obligations. 9. Samples. All samples shall remain the property of the Client.Client shall promptly,at its cost,remove and lawfully dispose of samples,cuttings and hazardous materials. If appropriate,Consultant shall preserve samples obtained no longer than sixty(60)days after the issuance of any document that includes the data obtained from those samples. After that date,Consultant may dispose of the samples or return them to Client at Client's cost. 10. Client Responsibilities. Client shall bear sole responsibility for(a)jobsite safety;(b)notifying third parties including any governmental agency or prospective purchaser, of the existence of any hazardous or dangerous materials located in or around the Project site;and(c)providing and updating Consultant with accurate information regarding existing conditions,including the existence of hazardous or dangerous materials,proposed Project site uses,the correct location of Project property boundaries,any change in Project plans,and all subsurface installations,such as pipes,tanks,cables and utilities within the Project site. Client shall cooperate with all requests by Consultant,including obtaining permission for access to the Project site. Client releases Consultant from liability for any incorrect advice,judgment or decision based on inaccurate information furnished by Client or others. If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials,encountered on the site,Consultant shall immediately stop work in the affected area and report the condition to Client. 11. Electronic Media. Because data stored on electronic media can deteriorate undetected or be modified without Consultant's knowledge,the Client accepts responsibility for the completeness or readability of the electronic media after an acceptance period of 30 days from delivery of the electronic files. 12. Indemnification. To the fullest extent permitted by law, Client, including its directors, officers, partners, employees, agents,contractors and their respective assigns, agrees to indemnify,defend, and hold harmless Consultant, its directors,officers,employees and subcontractors from and against all claims,liability,damages,or expenses ("Claims")arising out of,in connection with or relating to any alleged act,failure to act,or other conduct of Consultant,including but not limited to,Claims alleging the negligence or other fault of Consultant,but specifically excepting Claims arising out of Consultant's sole negligence or willful misconduct. Client shall indemnify Consultant even if Client is partially or wholly without fault for such Claims. 13. Dispute Resolution. The parties shall attempt resolution of any dispute arising under or related to this Agreement by mediation. Notwithstanding the foregoing,in the event of Client non-payment,Consultant may,at its sole option,waive mediation. Either party may demand mediation by serving a written notice on the other party stating the essential nature of the dispute.The mediation shall be conducted in accordance with the AAA Construction Industry Mediation Rules then in effect within forty-five(45)days from the service of notice. The parties shall share the fees equally. If mediation fails,either party may institute litigation in the state or federal court of the county in which Consultant's office issuing the proposal is located. The prevailing party shall be entitled to attorneys' fees, cost, including costs incurred in the mediation and costs of enforcement of any judgment. The parties expressly waive any statute of limitations for a longer period of time and agree that any action shall be brought within one year from the date of Consultant's final invoice.The parties expressly waive any and all rights to a trial by jury in any action,proceeding or counterclaim brought by either of the parties against the other with respect to any matter relating to,arising out of or in any way connected with this Agreement. 14. Changed Conditions.If during the course of performance of this Agreement conditions or circumstances are discovered which were not contemplated by Consultant at the commencement of this Agreement,Consultant shall notify Client of the newly discovered conditions or circumstances,and Client and Consultant shall renegotiate,in good faith,the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty(30)days after notice,Consultant may terminate this Agreement and Consultant shall be paid for its services through the date of termination. 15. Governing Law. The laws of the State where the Agreement was entered into shall govern interpretation of this Agreement. If any term is deemed unenforceable,the remainder of the Agreement shall stay in full force and effect. 16. Additional Provisions. Neither party may assign its interest in this Agreement without the prior written consent of the other. Any modification to this Agreement will be effective only if it is in writing signed by the party to be bound,except that if Consultant has performed services in reliance on Client's verbal approval to proceed,Client shall be bound by such verbal approval. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant. This Agreement may be signed in counterpart. MCK5P 132 Copyright 2005 Kleinfelder Importaot Information Ahout This • Geotochnical Engineering Subsurface problems are a principal cause of construction delays, cost overruns, claims, and disputes. While you cannot eliminate all such risks,you can manage them. The following information is provided to help. Participate in Development of the Subsurface whatever was required to oblige their clients'representatives and safe- Exploration Plan guard their clients'interests,taking it on faith that their clients wanted Geotechnical engineering begins with the creation of an effective sub- them to do so.But some,evidently,did not,and refused to pay for legiti- surface exploration plan.This proposal starts the process by presenting mate extras on the ground that the engineer proceeded without proper an initial plan.While that plan may consider the unique physical attri- authorization,or failed to submit notice in a timely manner,or failed to butes of the site and the improvements you have in mind,it probably provide proper documentation. What are your preferences?Who is per- does not consider your unique goals,objectives,and risk management milted to authorize additional geotechnical services on your project? preferences.Subsurface exploration plans that are finalized without con- What type of documentation do you require?To whom should it be sidering such factors presuppose that clients'needs are unimportant,or sent?When?How?By addressing these and similar issues sooner that all clients have the same needs.Avoid the problems that can stem rather than later,you and your geotechnical engineer will be prepared for from such assumptions by finalizing the plan and other scope elements the unexpected,to help prevent molehills from growing into mountains. directly with the geotechnical engineer you feel is best qualified for the project,along with the other project professionals whose plans are Have Realistic Expectations;Apply Appropriate affected by the geotechnical engineer's findings and recommendations. Preventives If you have been told that this step is unnecessary;that client prefer- The recommendations included in a geotechnical engineering report are ences do not influence the scope of geotechnical engineering service or not final,because they are based on opinions that can be verified only that someone else can articulate your needs as well as you,you have during construction.For that reason,most geotechnical engineering been told wrong.No one else can discuss your geotechnical options proposals offer the construction observation services that permit the better than an experienced geotechnical engineer,and no one else can geotechnical engineer of record to confirm that subsurface conditions provide the input you can.Thus,while you certainly are at liberty to are what they were expected to be,or to modify recommendations when accept a proposed scope"as is,"recognize that it could be a unilateral actual conditions were not anticipated.An offer to provide construction scope developed without direct client/engineer discussion;that authoriz- observation is an offer to better manage your risk Clients who do not ing a unilateral scope will force the geotechnical engineer to accept all take advantage of such an offer;clients who retain a second firm to assumptions it contains;that assumptions create risk.Manage your risk observe construction,can create a high-risk"Catch-22"situation far Get involved. themselves. The geotechnical engineer of record cannot assume responsibility or liability for a report's recommendations when another Expect the Unexpected firm performs the services needed to evaluate the recommendations' The nature of geotechnical engineering is such that planning needs to adequacy.The second firm is also likely to disavow liability for the rec- anticipate the unexpected.During the design phase of a project,more or ommendations,because of the substantial and possibly uninsurable risk deeper borings may be required,additional tests may become neces- of assuming responsibility for services it did not perform.Recognize, sary,or someone associated with your organization may request a ser- too,that no firm other than the geotechnical engineer of record can pos- vice that was not included in the final scope.During the construction sibly have as intimate an understanding of your project's geotechnical phase,additional services may be needed to respond quickly to unantic- issues.As such,reliance on a second firm to perform construction ipated conditions.In the past,geotechnical engineers commonly did observation can elevate risk still more,because its personnel may not have the wherewithal to recognize subtle,but sometimes critically impor- ing your geotechnical engineer confer with appropriate members of the tant unanticipated conditions,or to respond to them in a manner consis- design team before finalizing the scope of geotechnical service(as sug- tent with your goals,objectives,and risk management preferences. gested above),and,again,after submitting the report.Also retain your geotechnical engineer to review pertinent elements of the design team Realize That Geoenvironmental issues Have Not members'plans and specifications. Been Covered The equipment,techniques,and personnel used to perform a geoenvi- Reduce the risk of unanticipated conditions claims that can occur when ronmental study differ significantly from those used to perform a geo- constructors misinterpret or misunderstand the purposes of a geotechni- technical study.Geoenvironmental services are not being offered in this cal engineering report.Use appropriate language in your contract docu- proposaL The report that results will not relate any geoenvironmental ments.Retain your geotechnical engineer to participate in prebid and findings,conclusions,or recommendations.Unanticipated environmen- preconstruction conferences,and to perform construction observation. tal problems have led to numerous project failures.If you have not yet obtained your own geoenvironmental information,ask your geotechnical Read Responsibility Provisions Closely consultant for risk management guidance.Do not rely on an environ- Clients,design professionals,and constructors who do not recognize mental report prepared for someone else. that geotechnical engineering is far less exact than other engineering disciplines can develop unrealistic expectations.Unrealistic expectations Obtain Professional Assistance To Deal can lead to disappointments,claims,and disputes.To help reduce the with Mold risk of such outcomes,geotechnical engineers commonly include a van- Diverse strategies can be applied during building design,construction, ety of explanatory provisions in their proposals.Sometimes labeled operation,and maintenance to prevent significant amounts of mold from "limitations,"many of these provisions indicate where geotechnicai growing on indoor surfaces.To be effective,all such strategies should engineers'responsibilities begin and end,to help others recognize their be devised for the express purpose of mold prevention,integrated into a own responsibilities and risks,thus to encourage more effective scopes comprehensive plan,and executed with diligent oversight by a profes- of service.Read this proposal's provisions closely,Ask questions.Your sional mold prevention consultant.Because just a small amount of water geotechnical engineer should respond fully and frankly. or moisture can lead to the development of severe mold infestations,a number of mold prevention strategies focus on keeping building sur- Rely on Your ASFE-Member Geotechnical faces dry.While groundwater,water infiltration,and similar issues may Engineer for Additional Assistance be addressed as part of the geotechnical engineering study described in Membership in ASFE/The Best People on Earth exposes geotechnical this proposal,the geotechnical engineer who would lead this project is engineers to a wide array of risk management techniques that can be of rota mold prevention consultant;none of the services being genuine benefit to everyone involved with a construction project.Confer offered have been designed or proposed for the purpose of with an ASFE member geotechnical engineer for more information. mold prevention. Confirm a firm's membership in ASFE by contacting ASFE directly or at its website. Have the Geotechnical Engineer Work with Other Design Professionals and Constructors Other design team members'misinterpretation of a geotechnical engi- neering report has resulted in costly problems.Manage that risk by hay- ASFE The lest resale a■ Earth 8811 Colesville Road/Suite G106,Silver Spring,MD 20910 Telephone:301/565-2733 Facsimile:301/589-2017 e-mail:info@asfe.org www.asfe.org Copyright 2004 by ASFE,Inc.Duplication,reproduction,or copying of this document,in whole or in part,by any means whatsoever,is strictly prohibited,except with ASFE's specific written permission.Excerpting,quoting,or otherwise extracting wording from this document is permitted only with the express written permission of ASFE,and only for purposes of scholarly research or bock review.Only members of ASFE may use this document as a complement to or as an element of a geotechnical engineering proposal.Any ather firm,individual,or other entity that so uses this document without being an ASFE member could be committing negligent or intentional(fraudulent)misrepresentation. IGEPO6045.OM CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: Anril 12. 2005 Originating Department: Planning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: 04/01/05 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Preliminary Plat for Cooper Retail Addition. RECOMMENDED ACTION: Approved by the Planning and Zoning Commission at its April 5, 2005 meeting. Recommend approval. SUMMARY: • Preliminary Plat was received completed on 03/30/05. • The property totals 5.8 acres. • The Plat will create 4 lots, with Cooper Drive being extended through the center to connect with S.H. 78. • A medical clinic by Baylor Health Care will occupy the northern most rear lot 2 immediately. • A zoning request was approved by P&Z to change the zoning to Planned Development (PD)District in order to provide a coordinated signage program whereby lots share signs as in a unified commercial center. • Approval of this Preliminary Plat is contingent upon approval of the requested Zoning Case 2005-07 which is on the current agenda. 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I net.e w°A ed w w stnrz m 1E05 0.=`=. rw.r ....,...etnrz m Tans IVY,m,_zrze r z'(mil w „ CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12. 2005 Originating Department: Planning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: 03/31/05 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Replat for 120 Regency Drive of the Regency Business Park Addition, Phase Two. RECOMMENDED ACTION: Approved by the Planning and Zoning Commission at its March 15, 2005 meeting. Recommend approval. SUMMARY: • The Replat under consideration will create three commercial lots. • Lot 6A is 0.634 acres in size, Lot 6B is 0.631 acres and Lot 6C is 0.922 acres in size. • This Replat requires that the property must comply fully with the current Zoning Ordinance as adopted November 2001. • The previously platted front building line of 20' must now be 50' along Regency and Capital Streets. • Significant drainage and electrical utility easements occupy much of the subject lot. • A site plan illustrating development of the lots was approved by the P&Z Commission on March 15, 2005. APPROVED BY: Initial Date Department Director: CT \ 4/01/05 City Manager: i f ' \ S'/943r" I PItIIIIPil1IIIPI ' {1y/I111il! Ltiluih' 11 , y '11 IIli ico 3. i II! • l a i 3 iI . J i II - y+1 � i �� 1 al 'if� , I �If i y 1#f W ja+ I i iyt i1 ll i lie! 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II 1 p iiii sio pig 31 a hi ilis 41 iiP tati,,,, itat i 114 id I of `=1 1111 1 al !1 laa'l a I ifil ilii 1 IN i5 1 I 5,i I gi I Ili ./i Ai I . a � a41 i ____L i 1. \\__ __) mb .,iii! ii i ihi 1 1 (AVM .oa) ainill A3N110.4 --- r. 9 a � , \ ��- 9 I L \ .`' ,s ---- I I .."III \ i 7— • I t�,.d.. — \-- \ all lio v:l \\,it ‘k ): ARO al I !ill Nil \ %is. \ iTif ii!1 is 1` ball .axa r iv .a.r \ y \ yy 11 Al I I �l a i - I I �� \ I\ IIII 4 vi p;; III I I so P \ si ;11 � ; gtl 1 i \ \ , .,.� *.Iw+.a —\ C illia I I .w�� I I it ?al! illi_i_jr..1.7.e_ _ A.",.... i >>� a JAI CITY OF WYLIE Item No. City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12, 2005 Originating Department: Planning and Zoning Prepared By: Renae' 011ie Account Code No. #: Date Prepared: April 1, 2005 Budgeted Amount: Exhibits: 1 AGENDA SUBJECT: Consider and act upon a Final Plat for Amber's Cove Addition. RECOMMENDED ACTION: Approved by the Planning and Zoning Commission on March 15, 2005. Recommend Approval. SUMMARY: • The Final Plat under consideration will create 6 single-family residential lots, each just under 2 acres. • This Plat dedicates 50' right-of-way for existing Troy Road. • The subject property is within unincorporated Collin County and does not fall within the city limits of Wylie and cannot be annexed. • Developer has demonstrated that parcels to the west of lot 6 are provided access from Troy Road by County-protected Private Road No. 5279. APPROVED BY: Initial Date Department Director: CT \ 4-01-05 City Manager: 1?a' \ 5W?clS" 1 MAIM COW.rY11.tt Or!14 ! l z .,g I 1 xi 0 PI 31-,..1 11 1111 I II ii iff7442 , �� D it'Ll i A; E. G.> e iai �bII 1 Nj777 10 1 i LL $ �.l it `. 1 0O �P , 1 MI eat I I 1 •" 1 1 FIT ! eS g5Yb ' sa1 12 r i s< i a lkrill ! Ili 11 h I _ iia _ li ' b lull p1111 ! : lb h iI it I!_ az •1a r ; h il II a P 'lspii it : I a s ! a -5 b ib i, 3 I i ell a1 II _hII .)1.1 rill III ,iiii3 . • all 1111 III d bl11 t1$ !t , � 1 b I lir 1]1/11 41e!i; ;I21 Ell' giribl II %1 P 1 lily :10441 I! 0 I .1,,1 1 it : ail Ai i la: ibi lib za1l 11 i1� <tkli I. i 1 ' h _ r ill >! ! '�- 'ii $ €:11 No st=i i±i 1f s; I;4 I; 's 1 : !1k 11' II 11111 l is l'bb3 li Ii B 11FItii1ltl 1: - ibll• Ib . bl Is 60 1;- I. 111 } ayq ! mil J = n I so } r 11 4 EA --,-0.—eic 1 I I? oli 14 io IIIii �i ;i !1 Ir \r I -t-wrAMMO T = CI_ LA rr 1 _ ,..,. a . L �. 0... fJ11nw. _•� ------ • tw a.i - 0 1 I. A r( `g� _ e r Pi L IR 'me 3........1 E r vw..M er. a _ _ .. 11�g I W I 1 } I J f----- .if! \..« a.t : `":.o. . "' "�� (---- ---.-- \T ��,;F.-- \ I .. I I it I \ // I ��-'�' ! \\ r I _ ■ I ■ I .y I j �3\\ i // ' % r 1 ! I4 ip / \ -y-— --- -----t 1 -1Il l --'1- •'ram— I ! I 11 I I 1.1 It i'rid ti! r l� _ 0 e I - r I I r -r I �< 1 i le -- 11 = 1 = r ; I e I ; 1 s�lii 1 ! 4 1101 L1 it .v._.r is'.NORM 11 CITY OF WYLIE Item No. . City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: Originating Department: Fire Prepared By: Shan English Account Code No. #: Date Prepared: 4/7/05 Budgeted Amount: No cost Exhibits: 1 AGENDA SUBJECT:Consider and act upon authorizing the purchase of a Wireless Network Comtex, in the amount of$83,859.00, using funds received through a Homeland Security Grant in the amount of$83,859.00. RECOMMENDED ACTION: Staff recommends the purchase of the Comtex system. SUMMARY: The City of Wylie Police and Fire Rescue departments rely heavily on communication. Currently the Police and Fire departments are operating with Mobile Data Computers (MDC) units in all first line apparatus. The system is securely and closely connected to a wireless network computer aided dispatch center (CAD). The system provides public safety units in the field with vital access capabilities to inform for performing day-to-day operations. Public safety information is relayed via CAD to MDC's in the field and is available to units performing public safety functions. This system greatly enhances and increases effectiveness of communications. Additionally, the CAD and MDC systems provide information and effectively increase productivity without overwhelming dispatchers. Dispatchers routinely relay via CAD to MDC's import life safety information to public safety workers. The information can be accessed while responding to calls for service and while on the scene. Recent developments in technology and the availability of Homeland Security infrastructure grants have prompted a cause to reevaluate our current solution for connectivity within Wylie Communications. Originally, Wylie Communication's solution for connectivity from CAD to the MDC in the vehicles was AT&T's cellular digital packet data(CDPD) service. This solution, due to new technology and customer demand, was outdated and discontinued. The speeds provided by the CDPD were simply too slow in comparison to speeds available from new advances in technology. The Sprint Air Card solution is now what is being used for communications between CAD and MDC's in the field. This solution is good but not as reliable as the original CDPD solution. The Sprint Air Card solution is also APPROVED BY: Initial Date Department Director: SH \ 4/7/05 City Manager: 'e \ /5Ar 1 AGENDA SUBJECT: Consider and act upon authorizing the purchase of a Wireless Network Comtex, in the amount of$83,859.00, using funds received through a Homeland Security Grant in the amount of$83,859.00. SUMMARY: (Continued) a service which requires a monthly subscription per unit problems of connectivity and cost have prompted interest in the Comtex solution for connectivity between CAD and MDC's in field units. Comtex solution can solve connectivity for MDC systems by providing uninterrupted communications between CAD and MDC's. The network would support industry standard protocols and be capable of sustained data rates of 1Mbps and burst to 6Mbps. These speeds are approximately 10 to 60 times faster than an air card. Routers are deployed in a grid, similar to a water system, to existing infrastructure—buildings, streetlights or traffic signals. The system is expandable by adding more devices as needed to keep up with growth and maintain service levels. Essentially, the more signal paths that are created, the more fault-tolerant the network becomes. This provides reliability in the event of a failure of a single router or multiple routers. The steps necessary to employ this communication solution begin with the initial Comtex backbone system at a cost of$83,859.00. The system proposed would cover the entire city. Currently the size of Wylie and the amount of rural area facilitates the deployment of this system. This system will be purchased upon approval with funds awarded through a homeland security grant in the amount of $83,859.00 designed to enhance public safety and first responder communications infrastructure. An additional $23,913.00 budgeted in the 2004-2005 budget for QDMA(quadra/directional media airlink) hardware will allow the city IT personnel to maintain the system without annual maintenance costs or contracts. This will provide a cost savings of approximately $20,000.00-$25,000.00 annually. 2 COMTE X 4t cammumanians �. �- READY2RESPOND1111111111111111111. IE MDS Network System Statement of Work — (SOW) City of Wylie, TX January 31st, 2005 SYSTEMS ENGINEERING DEPARTMENT RELEASED COPY NOT FOR GENERAL DISTRIBUTION Printed Monday,January 31,2005 Copyright©2005,Comtex Communications, Inc. Comtex Communications, Inc. Confidential Information Prepared by: Robert Escalle,VP, Engineering This document contains confidential and or proprietary information of the City of Wylie,TX and shall not be,directly or indirectly, used,reproduced or copied in any manner without the written consent of the City of Wylie,TX. 1/31/2005 1 comTsx 1 PURPOSE OF STATEMENT OF WORK 3 1.1 COMTEX SYSTEM RESPONSIBILITIES (GENERAL) 3 1.2 CITY OF WYLIE SYSTEM RESPONSIBILITIES(GENERAL) 3 1.3 SITE PREPARATION 4 1.3.1 Grounding and Surge Suppression 4 1.3.2 Electrical 4 1.3.3 Equipment Space 4 1.3.4 Environmental Conditions 5 1.3.5 Earthquake Bracing 5 1.3.6 Site Access 5 1.3.7 Towers 5 1.4 SYSTEM IMPLEMENTATION 5 1.5 FACTORY STAGING 5 1.6 INSTALLATION AND OPTIMIZATION OF FIXED EQUIPMENT 5 1.6.1 Perform Installation of Comtex Supplied Equipment 5 1.6.2 Perform On-Site Optimization and Test of Comtex Supplied Equipment.. 6 1.7 ACCEPTANCE TEST PROCEDURES 6 1.8 TRAINING 6 1.9 SYSTEM COVERAGE 6 1.10 SYSTEM DOCUMENTATION 6 1.10.1 Design Documentation 6 1.10.2 Staging Documentation 7 1.10.3 System Manual- "As-Built"Documentation 7 1.11 SYSTEM ACCEPTANCE 8 1.12 CERTIFICATE OF SYSTEM ACCEPTANCE 9 1.13 PROJECT SCHEDULE 10 1.14 CHANGE ORDER PROCEDURE 10 1.15 CHANGE ORDER REQUEST FORM 11 1.16 WORK BREAKDOWN STRUCTURE"WBS" 12 1.17 CITY OF WYLIE MDS SCHEDULE 13 1.18 SYSTEM INVESTMENT—INITIAL INFRASTRUCTURE 18 1.19 SYSTEM INVESTMENT—CANOPY SYSTEM 19 1.20 CITY OF WYLIE STATEMENT OF WORK AND ACCEPTANCE SIGNATURE PAGE 20 1/31/2005 2 COMTE X 1 Purpose of Statement of Work This Statement of Work(SOW)describes the work to be performed for the installation,optimization, and testing of a MDS Networks Mobile Data System for the City of Wylie,TX. It delineates responsibilities between Comtex and the City of Wylie as agreed to by contract. The Comtex Systems Integration team will be led by a Comtex Project Manager. The primary function of the Project Manager is to successfully implement the project, within the allotted timeframe. A timeline schedule is attached at the end of this Statement of Work. Changes to this document shall be made through a Change Order as described in section 1.14 of this SOW. 1 .1 Comtex System Responsibilities (General) Comtex will be responsible for the performance of all equipment provided by Comtex under this contract. The City of Wylie,TX will assume responsibility for the performance of all other equipment necessary for completion of this project not provided by Comtex. Comtex's responsibilities on this project are further defined in the Project Schedule and in the Work Breakdown Structure (WBS) which are part of this SOW. Comtex's general responsibilities include the following: • Provide a Project Manager as a primary point of contact. • Provide a project implementation team to implement the City of Wylie MDS system as defined in this SOW and the System Description. • Prepare and maintain the minutes of all project meetings. • Schedule the system upgrades and cutover in agreement with the City of Wylie so as to minimize the downtime of the system and the impact to the City of Wylie. • Coordinate the activities of all Comtex subcontractors under this contract. • Administer safety work procedures for construction and installation. 1.2 City of Wylie System Responsibilities (General) City of Wylie's responsibilities on this project are further defined in the Project Schedule and in the WBS City of Wylie responsibilities include: • Provide a designated project manager for system implementation. • Host all project meetings. • Supply primary commercial power, wiring, and cable terminations to all sites and locations (if available). • Supply any available FCC, FAA, zoning, site access, and other permits (including, but not limited to, easements, impact studies, planning commission approval, variances) and any other agreements required to gain use of sites(if available). • Post the RF license(if any required)for radio sites prior to testing 1/31/2005 3 COMTEX • Supply the site links(i.e.telephone circuits,fiber, microwave, leased T1, etc)as required to accommodate the backhaul system required for the City of Wylie MDS system. Comtex will provide the appropriate link specification to The City of Wylie. • Secure the right to use new site locations. • Provide all travel accommodations for City of Wylie visits (if any required) to factory staging. 1.3 Site Preparation Comtex will begin work at a site only after mutual agreement by the City of Wylie and Comtex that the site is deemed ready. At a minimum, Site Ready requires a site to have adequate room in an existing building or shelter to accommodate the equipment to be installed, and electrical service and internal distribution in place. In addition, network testing must have been satisfactorily completed. Sites are required to meet or exceed the requirements as defined in the Comtex document "Fixed Network Equipment Installations". Detailed Site Ready audits will be performed by Comtex after contract execution. Comtex will provide a detailed site report identifying any site deficiencies. All site upgrades not identified in this document specifically as a Comtex deliverable are the responsibility of the City of Wylie. The City of Wylie may elect to contract with Comtex to perform necessary site upgrades, perform the upgrades itself, or utilize the services of a third party subcontractor. Site requirements must be met for Comtex to begin installation of system equipment. The City of Wylie will be responsible for any project delay costs if sites do not meet the site ready condition within the time required by the project schedule. The following is a list of some,but not all, of the specific site ready requirements for this project. 1.3.1 Grounding and Surge Suppression Requirement—The City of Wylie shall provide the necessary contacts or agencies responsible for(if available) grounding within the proposed structure or enclosure. Proper grounding is critical for proper operation and energy dissipation of high energy surges or lightning strike occurrences. The City of Wylie will work directly with Comtex to ensure the proper grounding is obtained for all installation locations. System Impact—Equipment installed at a site that does not meet proper grounding specifications will be at risk for high energy and/or lightning damage should a strike occur at the equipment location. Proper grounding is essential in the proper dissipation of energy should a lightning strike occur. 1.3.2 Electrical Requirement—Electrical service and electrical wiring that meets all applicable city, county, state, and National Electrical Codes(NEC)requirements is required. 1.3.3 Equipment Space Requirement—Sites must have sufficient floor and desk space for the Comtex supplied equipment as identified in the approved equipment installation location document. 1/31/2005 4 COmTE x 1.3.4 Environmental Conditions Requirement— Sites must have adequate environmental control for all MDS Networking equipment. This includes heating, ventilation, cooling, and humidity requirements. The sites must be free of hazardous materials such as fuels, asbestos, etc. Contact Comtex to obtain specific equipment specifications required for building environmental control sizing and design. System Impact — Equipment installed at a site that does not meet the environmental control requirements will be considered as NOT in"normal use"for warranty purposes. 1.3.5 Earthquake Bracing Requirement—Not Applicable 1.3.6 Site Access Requirement — The City of Wylie shall provide site access for scheduled site walks, installation, optimization, system troubleshooting and completion of ATP.The City of Wylie shall use its best efforts to provide site access including transportation to sites that are not accessible by regular two-wheel drive vehicles. City of Wylie shall be the responsible to coordinate and schedule with the Comtex Project Manager access to sites not directly controlled by The City of Wylie. 1.3.7 Towers Requirement— The City of Wylie will utilize existing towers or structures for the placement of MDS Routers throughout the city. 1 .4 System Implementation Implementation of the project will proceed according to the mutually agreed Project Schedule and WBS. Comtex phased approach to implementation includes factory staging, site development, infrastructure and subscriber unit installation, optimization and programming, and testing of the MDS Network communications network. 1.5 Factory Staging Specialized technical teams work with factory and field project managers, project engineers, and product group personnel to set up the system at the Comtex Waxahachi, TX location. All cables with required connectors will be installed between the various system components to provide an operational system within the staging facility.Comtex staff builds the system from approved drawings,configuring equipment as it will be at its final destination. The intent of the staging effort is to verify system functionality and expedite the installation effort at the various final installation locations. During system staging, the factory Acceptance Test Procedures (ATP) will be performed. Additional field ATPs will be performed after final installation and system optimization in the field. The factory ATP may be found in a later section of this document. 1 .6 Installation and Optimization of Fixed Equipment 1.6.1 Perform Installation of Comtex Supplied Equipment Comtex will install the equipment listed in the Equipment List in accordance with the WBS. 1/31/2005 5 COMTEXs 1.6.2 Perform On-Site Optimization and Test of Comtex Supplied Equipment Comtex will verify correct operation of all Comtex supplied equipment as the equipment is installed. After Comtex verifies that the equipment has been correctly installed, a Comtex System Engineer will optimize the entire system. In addition, Comtex will verify and reset, as necessary, all data levels between Comtex supplied equipment and the inter-site transmission network demarcation points. 1.7 Acceptance Test Procedures Each segment of the system will be tested independently using detailed check sheets to be provided by Comtex, as appropriate, and approved by The City of Wylie prior to commencement of acceptance testing. If deficiencies are found during the testing, both the deficiencies and resolutions to the deficiencies shall be agreed upon and documented. If the defined deficiencies do not prevent productive operational use of the system, then the test will be deemed to have been completed. Comtex will, however, remain responsible for the resolution of the remaining agreed upon deficiencies. Comtex will not guarantee any level of coverage for this initial phase of the MDS Network system. Comtex will provide a detailed coverage analysis of the installed sites and provide this study and recommendations for future router placements to the City of Wylie upon completion of installation. Any system testing that The City of Wylie wants performed that is not specified in this proposal must be reviewed by Comtex for feasibility and acceptability. Any additional tests will represent a monetary change in the project's scope. 1.8 Training System training will be provided during the installation of the MDS Network system. Additional training outside the scope of this project will be made available at an additional cost to the City of Wylie on a case by case basis. 1.9 System Coverage Due to the nature of RF propagation, Comtex will not guarantee 100% coverage for the MDS Network project. A detailed coverage analysis has been completed and RF coverage of the City of Wylie MDS system should represent what is covered in Appendix 1A. Comtex believes that the current system configuration as proposed in this Statement of Work will be adequate for approximately 95% or greater coverage of the City of Wylie. 1.10 System Documentation Comtex provides documentation of the system configurations, physical installation, and system testing. Documentation is created and updated during the project. 1.10.1 Design Documentation Comtex will create or update the following documents during the design phase: • Equipment list • System description • Block and level diagrams for system and sites • Coverage maps(once the system is installed these will be made available) • Acceptance test procedures 1/31/2005 6 comTEX • Programming parameters • Drawings 1.10.2 Staging Documentation Comtex will create or update the following documents during system staging at CCSI: • Programming templates • Interconnection drawings • Interconnection charts • Manufacturer's standard operator manuals • Interconnection cable description and inventory • Printout of equipment parameters • Inventory with serial numbers and installation reference • Software/firmware version numbers • Manufacturer's standard technical manuals 1.10.3 System Manual - "As-Built" Documentation Comtex will supply"as-built"documentation for the system.The documentation will consist of: • System drawings: o Plan and elevation views of the equipment installation at the router sites o Equipment inter-cabling diagrams for each site • Demarcation wiring lists • Programming and level setting data sheets • Equipment by site o Key access procedures o Site inventory lists o Remote sign-on procedures and passwords o Software versions and equipment wiring by equipment site • Radio licenses(if required) • Field ATP test sheets and results • Coverage maps and Coverage ATP results • Site audit reports • Warranty information,Service Provider 1/31/2005 7 comrEx 1 .11 System Acceptance System Acceptance shall be controlled by information contained in the final contract. A certificate of System Acceptance follows. This area left blank intentionally 1/31/2005 8 COfIITEX 1.12 Certificate of System Acceptance 3 CERTIFICATE OF SYSTEM ACCEPTANCE Customer Name: City of Wylie, Texas Project Name: City of Wylie MDS System Build-out City of Wylie-agrees that all major provisions of the project provided by Comtex are complete and ready for the use intended, except for any minor defects and/or punchlist items noted below: The items listed below will be corrected by Comtex: Item Description Complete Date 1.) 2.) 3.) 4.) No defects or punchlist is applicable. This agreement documents the start of warranty on , and authorizes Comtex to bill for the remaining value of the contract, and it indicates The City of Wylie's agreement to make the final payment. City of Wylie Representative: Comtex Representative: Print Full Name: Print Full Name: Title: Title: Signature: Signature: Date: Date: 1/31/2005 9 comTExs 1.13 Project Schedule Comtex has included a project schedule as a part of this proposal. Implementation of the system will proceed in accordance with the Project Schedule that is jointly approved by the Comtex project team and the City of Wylie project team. The project schedule will be updated periodically to ensure all parties are apprised of the latest project status. The overall schedule will depend on the Contract Award and Purchase Order date. 1.14 Change Order Procedure Changes to the contract will be controlled by the Project Manager and the associated Management Teams from both parties. The following Change Order Request form must be used for all change order requests. This area left blank intentionally 1/31/2005 10 comTE x 1 .15 Change Order Request Form Comtex Communications Change Order Request Form Change Order Request No. Requester: Title Phone No. Department Description of Request: Equipment Required: SOW Modification Time Line Modification: Additional Services Required: Justification: Budgetary Dollar Value: Equipment: Services: Total: Payment Terms: Other Terms: Unless amended above, all other terms and conditions of the Agreement shall remain in full force and effect. Approved: City of Wylie Project Manager Date Comtex Project Manager Date Comtex Engineer Date Comtex Account Manager Date 1/31/2005 11 CO TEx 1.16 Work Breakdown Structure "WBS" The following WBS summarizes the project activities by phase. Each WBS task contains the following information: • WBS number • Action item to be performed • Deliverable • Who is accountable for the action item • Who has approval authority over that action item This area left blank intentionally 1/31/2005 12 CO TEX 1.17 City of Wylie MDS Schedule t . City of Wylie tOrITTEX 41e-•(:- MDS Mobile Data System 1r31105 1fUBS S days Dar,4 Days 2005 Ahead Stalin- Percent tart Finish Section Tule Malmo Wulf Re ttetitainIr1Lt ' Feh'05 Mar'05 Belun Complete Project Summary 52d 1d * 51 31 11 023 Od • 0 2% '1 31 3`23 1 Kick-Off Mtg 1d id. 0 314$ Od 41 + 100% 1n3t 1t31 2 Design Review 10d Oct * 10 2I 818111188111111 r1 -43d • Q 0% 2/2 2/11 3 Final Schedule 11 d Oct * 11 7 ( ': 1177 -43d • 0 0% 2/7 2/17 4 Site Review 9d Od * 9 I 1111111111011111.11 1s -43d • Q 0% 2R 2/15 5 Network Review 16d Od { 16 1r+ I 11e Od 0 0 0% 2/4 2/18 6 System Staging 30d Od * 30 I 11 ( 1 r2 -43d • Q 0% 2/11 3/12 7 Document Review 54d 0d * 54 1 :: r 1 13 -48d • 0 0% 2/1 3r20 8 MDS MOR Installation 20d Od # 20 I 7 I 12,3 -43d III Q 0% 2R 2n8 9 Network Installation 23d Od f 23 I7 r.- :.. I 1 Oct • 0 0% 2R 3/1 10 Router Installation 26d Od * 26 I - ( r I + -43d I` Q 0% 2/7 3/4 'I'I Client Installation 16d Od * 16 »Iflflt 7 -43d 0 0 0% 2120 3/7 12 Coverage Testing 49d Od * 49 s 03 -43d • Q 0% 2/8 3/28 13 Deficiencies Review 41d Od * 41 `'.. 19 Oct i 0 0% 2/7 3/18 14 Acceptance Review 8d Od * 8 15 Immalii M -43d ` Q 0% 3/15 3/22 15 Final Sign-Off 11 d Od it 11 1s soossinsommi zA3d • 0 0% 3/18 3/28 1 4 (.ununory tiasK 1, I ask n, Behind Ahead of Current 11)prn11ress cnnat+lete schedule sClledule Status. 13 cornrex, WBS # WBS Title Action Deliverable Accountable Approval A project kickoff meeting will be held to 1 Kick Off Meeting formally begin the implementation of the Meeting with City of Wylie and Comtex and City Comtex and City project,introduce project teams,and Comtex Communications of Wylie of Wylie review the project and timelines. Tasks associated with planning the detailed project execution take place during this phase of the project. The City of Wylie and Comtex Communications will review the MDS Design review of the MDS Comtex and City Comtex and City 2 Design Review Network System design through analysis Network System design and of Wylie of Wylie of the system functionality together with system interface design. the interface requirements as the relate to other network system elements,as well as end user requirements,as mutually agreed between Comtex and the City of Wylie. Comtex and the City of Wylie will finalize the MDS Network system implementation schedule,adjust the overall project schedule with MDS Network dependencies identified.Comtex and the City of Wylie will finalize the Statement of Work and adopt any changes identified during the initial kickoff and design review Design Document and Finalized Comtex and City 3 Final Schedule Review meetings. Implementation and Installation Comtex of Wylie Schedule Comtex and the City of Wylie's responsibilities will also be identified.The City of Wylie's requested acceptance date will be used as a goal when coordinating tasks which must occur in parallel to meet the City of Wylie's requested acceptance date. Both Project Leads from Comtex and the City of Wylie will identify and resolve any and all site issues through a site walk at each installation location.A report will be provided that includes recommendations Site Walk and Preparation Comtex and City 4 Site Review of any site preparation required to provide Documentation Comtex of Wylie a suitable environment for installation of the MDS Network System.This report will become part of the final system documentation. 14 COMTEx Both Project Leads will identify any and all necessary network termination and bandwidth requirements at all sites. It is Network connections to Wireless the responsibility of the City of Wylie to Routers and Access Points 5 Network Review provide network connectivity at the requiring a network connection. Comtex and City Comtex and City appropriate bandwidth at all sites requiring Documentation of all network of Wylie of Wylie a network connection.Comtex will parameters and IP addresses document all network IP addresses and connection parameters and will become part of the final system documentation. Comtex will configure and functionally test all network elements of the Wylie MDS Network System at Comtex's offices in Waxahachie prior to starting installation of the system at the City of Wylie.Comtex will optimize system parameters and 6 System Staging settings for the field implementation. System staging documentation Comtex and City Comtex and City and shipping information. of Wylie of Wylie Comtex will pack and ship the hardware to the City of Wylie prior to the start of installation. Both Comtex and The City of Wylie Project Leads will be responsible for the accurate tracking of all hardware and software. Comtex will provide, prior to installation, a complete set of documentation of all WBS phases to date. Both Project Leads will review,and edit if necessary,all system and network documentation that will comprise the City of Wylie MDS Network Comtex will provide a final system System. Final system documentation is documentation package for review necessary prior to the start of installation and approval by both parties.This so both Project Team Leads are on the documentation will include details same track and both parties have a clear of the system topology, 7 Document Review and concise understanding of the performance and coverage Comtex Comtex and City expectations by both Comtex and the City expectations, network costs, of Wylie of Wylie. ongoing maintenance costs,and any and all site related Installation of the system will commence documentations and parameter once both parties have signed off on the settings of the MDS Network final system documentation and that any System. and all changes and edits are put in place prior to the installation phases.Any changes after the document review phase must be in the form of a Change Order Request Form. 15 comT xS Comtex will install one(1)MDS Manager Server at a location that the City of Wylie designates for centralized control and Installation of one(1)MDS Comtex and City 8 MiSC Installation management of the MDS Network Manager Server Comtex of Wylie System. Passwords and System Keys will be provided and installed per the City of Wylie's requirements. Comtex and the City of Wylie will work together to ensure the identified network connections are installed and have the Comtex and City of Wylie will Comtex and City Comtex and City 9 Network Installation appropriate network connections to the ensure the installation of all of Wylie of Wylie MDS Network elements.All network network connections. connections will be the responsibility of the City of Wylie. Comtex will install the Wireless Routers as outlined in the final system documentation. The City of Wylie will be responsible for any and all right-of-ways and any and all electrical power required for the operation Comtex and the City of Wylie will of the MDS Network System. jointly work toward the smooth installation of the Wireless Comtex and City Comtex and City 10 Router Installation The City of Wylie will be responsible for Routers at the specified locations of Wylie of Wylie the installation of equipment at all outlined in the final system locations. Comtex will assist the city in documentation. obtaining the necessary contacts and paperwork to facilitate the procurement and/or permission to install the MDS Network infrastructure equipment. Comtex will install all client modems in laptops and/or vehicles if a permanent 11 Client Installation modem is required.Comtex will also install Comtex Comtex Comtex and City all necessary software on client device of Wylie necessary for proper operation of the MDS Network System. Comtex will provide a detailed coverage analysis to the City of Wylie upon completion of both fixed and client network elements.Since RF coverage can never Comtex will provide a detailed be guaranteed 100%,Comtex will not be coverage analysis(after liable or responsible for coverage issues installation of initial system)and Comtex and City 12 Coverage Analysis Comtex that may be identified during the actual deficiencies report as well as a of Wylie coverage analysis. corrective action recommendation Comtex will not guarantee 100%of report. system coverage. If a coverage issue does arise, both Comtex and the City of Wylie will review the issues at the 16 COMTEX deficiencies review and a detailed plan of attack will be started. Upon completion of the coverage analysis and corrective action plan,both Project Leads will provide a comprehensive report as to what, if any, additional equipment must be installed to provide additional coverage to those areas identified by the corrective action report.Comtex will not be financially responsible for additional equipment identified in the corrective action report.The City of Wylie will be responsible for the purchase and installation costs associated with adding Comtex will provide a any additional equipment to the MDS comprehensive report outlining Comtex and City 13 Deficiencies Review Network System.Comtex will provide any system deficiencies and any Comtex of Wylie recommendations as to the physical and all recommended corrective placement of any new equipment as areas actions necessary. are identified as coverage deficiencies. Both parties will be required to sign-off on the Deficiency and Corrective Action reports prior to moving forward to the Acceptance Review.Any and all deficiencies and corrective actions must be finalized,and scheduled by both parties no later than ten(10)days after the Deficiencies Review Meeting as not to delay the project. Upon completion of any deficiencies and/or corrective actions necessary, an Acceptance Review meeting will be held Comtex will provide a Certificate of 14 Acceptance Review to ensure final acceptance of the MDS System Acceptance for the City of Comtex Comtex and City Network System and finalize any details Wylie to review prior to final sign- of Wylie regarding finances or outstanding punch off of the Certificate. list items needing to be addressed and timeframes associated with them. { Both Project Leads will host a meeting to Comtex and the City of Wylie finalize signatures on the Certificate of Project Leads will address both System Acceptance and plan any Comtex and City 15 Final Sign-Off teams and obtain the necessary Comtex additional training of City Personnel on the of Wylie overall system. Ongoing training will take signatures for the Certificate of place during all phases of this project. System Acceptance 17 COMTEX 1 .18 System Investment — Initial Infrastructure City of Wylie MDS Network System — Phase One (1) Proposal EXPIRES 2/16/2005 Proposal For: City of Wylie 2000 Highway 78 North Date: 1/16/2005 Wylie,Texas Page: 1 Phone: 972-429-0795 ATTENTION: Steve Seddig Fax: Unit Extended Item Qty Part Number DESCRIPTION Price Price 1 7 INETAP INET 900 AP 10 base T Ethernet transceiver $ 2,400.00 $ 16,800.00 2 7 Nema Nema enclosures for transceiver $ 240.00 $ 1,680.00 3 7 97-1682A01 900mHz 6db gain antenna $ 1,068.00 $ 7,476.00 4 7 97-1677A160 TNC to N male jumper cable $ 60.00 $ 420.00 Installation 5 7 Labor Installation of Access Points /Canopy Backhaul $ 2,800.00 $ 19,600.00 6 7 Mounts Mounting devices to mount nema boxes and backhauls $ 130.00 $ 910.00 7 8 INETIP INET 900 remote IP/Ethemet Bridge mobile device $ 2,080.00 $ 16,640.00 8 8 82-4159A01 Trunk mount adapter $ 260.00 $ 2,080.00 9 8 93-4155A01 3db gain 900 Mhz antenna $ 105.00 $ 840.00 Installation 10 8 Labor Labor to install mobile device vehicle $ 127.50 $ 1,020.00 11 8 Misc Various connectors and cables for installation $ 22.50 $ 180.00 12 8 Install kit Various items to tidy up installations $ 12.50 $ 100.00 13 1 Server NETmotion server $ 5,000.00 $ 5,000.00 Installation 14 1 Labor Installation of server $ 300.00 $ 300.00 15 7 Propogation Coverage analysis and RF study $ 600.00 $ 4,200.00 17 5 RDH4291A WAP-100 Wireless Routers $ 549.00 $ 2,745.00 18 5 RDH4295A ORINOCO 802.11b/g Network Interface Cards $ 99.00 $ 495.00 Installation 19 5 Labor WLAN Bridge for mobiles $ 127.50 $ 637.50 20 1 HK1028A Canopy Subscriber module $ 755.00 $ 755.00 21 1 Engineering Project Management and Engineering $ 1,980.00 $ 1,980.00 TERMS: NET10 Subtotal: $83,858.50 Sales Tax: NTX Total Investment: $83,858.50 18 comTEx 1.19 System Investment — Canopy System Proposal Canopy Wireless Network EXPIRES 2/17/2005._ Proposal For: City of Wylie Fire Dept. 2000 Highway 78 North Date: 1/17/2005 Wylie,Texas Page: 1 75098 Phone: 972-429-0795 ATTENTION: Steve Seddig Fax: 972-429-0794 Unit Extended Item Qty Part Number DESCRIPTION Price Price 1 1 HK1029A CMM Module $ 2,195.00 $ 2,195.00 2 6 HK1025A 5.7 Access Point Modules $ 1,105.00 $ 6,630.00 3 7 HK1028A 5.7 Subscriber Modules w/Reflector $ 755.00 $ 5,285.00 4 3 RRDN4544A GPS Surge Protection $ 125.00 $ 375.00 5 3 RRDN4561A POE Surge Protection $ 125.00 $ 375.00 6 1 RRDS4543A 8 Port Nema Enclosure $ 400.00 $ 400.00 7 1000 CAT5 Outdoor CAT5 Cable $ 0.50 $ 500.00 8 1 RLN5635A Audio Alignment Headset $ 30.00 $ 30.00 9 1 RDN9811A Canopy CAT5 Cable Tester $ 150.00 $ 150.00 Installation 10 1 Labor Installation of Cluster Management Module $ 2,800.00 $ 2,800.00 11 2 Microsoft SW Microsoft Map Point Software $ 350.00 $ 700.00 GPS 12 8 Recievers Garmin GPS receivers $ 299.00 $ 2,392.00 13 1 Engineering Implementation of GPS Solution $ 1,400.00 $ 1,400.00 14 1 Project Mgmt Project Management $ 681.00 $ 681.00 TERMS: NET10 Subtotal: $23,913.00 Sales Tax: NTX Total Investment: $23,913.00 19 comTE 1 .20 City of Wylie Statement of Work and Acceptance Signature Page Customer Signature Comtex Signature Date Date Customer Name (print) Comtex Name (print) Customer Title (print) Comtex Title (print) 20 camTEx APPENDIX 1A - A '4► d+ 1 enre rte - Edra_.e 2 = �i City of Wyle MDS Coverage Analysis 21 COMTE X CITY OF WYLIE Item No. 1 Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12. 2005 Originating Department: Planning and Zoning Claude Thompson Prepared By: Account Code No. #: Date Prepared: April 1. 2005 Budgeted Amount: Exhibits: 3 AGENDA SUBJECT: Hold a public hearing and act upon a change of zoning from Agriculture (A) to Single Family Residential (SF- 10/19) District. ZC 2005-06 RECOMMENDED ACTION: Planning& Zoning Commission voted to recommend approval at the March 15, 2005 meeting. SUMMARY: Owner—Birmingham Memorial Land Trust Applicant— Skorburg Company Property totals 63.76 acres, east of Cimarron Estates and west of CR 434/Bennett Road. Annexed July 24, 2001. Notification/Responses — Twenty-seven (27) notifications mailed. One hundred ninety-one (191) written responses returned FAVORING, including eighteen (18) within the legal notification area (although most responses were more opposed to a high school than supportive of the proposed residential). Requires simple majority vote to approve. Comprehensive Plan recommends Suburban Residential (10,000 — 30,000 s.f. lots). The request complies with the Comp Plan. Properties abutting to the west within Cimarron Estates are developed with lots of at least 8,500 sq. ft. Properties to the north, east and south of the tract are sparsely developed as rural homesteads of two acres and larger. WISD has expressed interest in the subject property for a high school campus. APPROVED BY: Initial Date Department Director: CT \ 0�4/O1/05 City Manager: /17:d, ' \ 1 AGENDA SUBJECT: Hold a public hearing and act upon a change in zoning from Agriculture (A) to Single Family Residential (SF- 10/19)District. ZC 2005-06 SUMMARY: (Continued) There are no known constraints to a variety of development of the tract. Although the property naturally drains to the east, connecting to the City sewerage system at the tracts southwest boundary at Brown Street and Palmdale Drive is feasible through lift station pumping. The Thoroughfare Plan recommends that Bennett Road, currently a narrow, partially unpaved rural roadway with open drainage which borders the tract on the south and east, be improved as the four-lane divided Lake Shore Loop. 2 ORDINANCE NO. 2005-15 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, 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 2005-06, TO AGRICULTURE-28 (A-28) DISTRICT FOR SINGLE-FAMILY RESIDENTIAL USES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Agriculture-28 (A-28) District for single- family residential uses, said property being described in Exhibit "A" and Exhibit "B" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. Ordinance No.2005-15 Zoning Case 2005-06 SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12th day of April, 2005. By John Mondy,Mayor ATTEST Carole Ehrlich, City Secretary Published in The Wylie News—April 20, 2005 ir: — (--, 1 it is r 14) M4 O LO f�43 SKY: ...J .J 2+1-,°z..� i h�. y.,,.... i I i 1 1 1 EI I _11 I ' . Z{( ! � O rI_ • I. 1: 1-- 1 I I / i tea; l ryak � ..: Vf-._: N.,. t� Y ra_ i i I^ CoD Y • • '11�1u , i i ... - - I .....1 0 m: i��mann'-'Nig —-micasI-E.N— — __`—�. t : , —�� UR 1 , _i;, i 1........------.---.... iuiiiiJ i _ Jii'i1n i ,,' ',, 1..—1. - ----J —\ —__ 1 i 1 ‘I.\ ........ : HI 1 f ..._ I I i NOTIFICATION REPORT APPLICANT: Ryan Betz of Skorburg Company APPLICATION FILE #2005-06 3838 Oak Lawn Dallas, Texas 75220 R S X A ot...(NisT: 0 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Ryan Betz 3838 Oak Lawn 1 Skorburg Company Dallas, Texas 75220 Cimarron Est. II 316 Capps Drive 2 BIkA Lot 26 R-8143-00A-0260-1 Omar Lima Wylie, Texas 75098 Cimarron Est. II 314 Capps Drive 3 BIkA Lot 27 R-8143-00A-0270-1 Jennifer Swartz Wylie, Texas 75098 Cimarron Est. II 312 Capps Drive 4 BIkA Lot 28 R-8143-00A-0280-1 Jessica Tigert Wylie, Texas 75098 Cimarron Est. II 310 Capps Drive 5 Blk A Lot 29 R-8143-00A-0290-1 Reynaldo Lopez Wylie, Texas 75098 Cimarron Est. II 308 Capps Drive 6 Blk A Lot 30 R-8143-00A-0300-1 Cory Renfro Wylie, Texas 75098 Cimarron Est. II 306 Capps Drive 7 BIkA Lot 31 R-8143-00A-0310-1 Bernice Wery Wylie, Texas 75098 Cimarron Est. II 304 Capps Drive 8 BikA Lot 32 R-8143-00A-0320-1 Prescilla Barbosa Wylie, Texas 75098 Cimarron Est. II 302 Capps Drive 9 Blk A Lot 33 R-8143-00A-0330-1 Katie Brown Wylie, Texas 75098 Cimarron Est. II 300 Capps Drive 10 Blk A Lot 34 R-8143-00A-0340-1 Jaime Gonzalez Wylie, Texas 75098 Cimarron Est. II 2936 Montague Trail 11 Blk A Lot 35 R-8143-00A-0350-1 Carl Garrison Wylie, Texas 75098 Cimarron Est. II 2937 Glendale Drive X12 Blk A Lot 56 R-8143-00A-0560-1 Bette Rivera-Lemay Wylie, Texas 75098 Cimarron Est. II 216 Palmdale Drive X 13 Blk A Lot 57 R-8143-00A-0570-1 Meredith Revier Wylie, Texas 75098 Cimarron Est. II 214 Palmdale Drive 14 Blk A Lot 58 R-8143-00A-0580-1 David Harris Wylie, Texas 75098 Cimarron Est. II 212 Palmdale Drive X 15 Blk A Lot 59 R-8143-00A-0590-1 Junaid Najamuddin Wylie, Texas 75098 Cimarron Est. II 210 Palmdale Drive X16 Blk A Lot 60 R-8143-00A-0600-1 Philip Johnson Wylie, Texas 75098 Cimarron Est. II 208 Palmdale Drive f ' 17 Blk A Lot 61 R-8143-00A-0610-1 Linda Hodges Wylie, Texas 75098 �( Cimarron Est. II 206 Palmdale Drive f�� 18 Blk A Lot 62 R-8143-00A-0620-1 Kevin Resinto Wylie, Texas 75098 �/ Cimarron Est. II 204 Palmdale Drive I /� 19 Blk A Lot 63 R-8143-00A-0630-1 Steven Skinner Wylie, Texas 75098 Cimarron Est. II 202 Palmdale Drive 20 Blk A Lot 64 R-8143-00A-0640-1 Christopher Benner Wylie, Texas 75098 Cimarron Est. II 200 Palmdale Drive 21 Blk A Lot 65 R-8143-00A-0650-1 Stevan Newbold Wylie, Texas 75098 Cimarron Est. II 2936 Sheridan Lane 22 Blk C Lot 35 R-8143-00C-0350-1 Robert Knowles Wylie, Texas 75098 Cimarron Est. II 2937 Montague Trail 23 Blk C Lot 36 R-8143-00C-0360-1 Miguel Hurtado Wylie, Texas 75098 Cimarron Est. II 2936 Glendale Drive 24 Blk D Lot 35 R-8143-00D-0350-1 'ijaichand Sand Wylie, Texas 75098 Cimarron Est. II 2937 Jamestown Drive 25 Blk D Lot 36 R-8143-00D-0360-1 Juan Gonzales Wylie, Texas 75098 Cimarron Est. II 2938 Jamestown Drive X 26 Blk E Lot 20 R-8143-00E-0200-1 Troy Rowe Wylie, Texas 75098 F.O. Birmingham PO Box 546 27 Abst 688-3 Tract 48 R-6688-003-0480-1 Memorial Land Trust Wylie, Texas 75098 28 29 30 31 32 33 • .:-.,• 1- (l) ' C I. X X X , ., .,--..,,-, .,, ,. .,..,- ..., , , ,: ,...evi,„r... ,'2,22,', ,, i,. 2i," , 2e.• .._ , .,,--•:', A-'2.,12-et.,,,,,v-i?4,„:,,,.., : , ',;i',-.',A2,.., ,l,tztv,;....4, fi, ,,,.,, • -kr.-t 0 -00,-• - ,--etrit. - ,-• i,,,-.44,,t--- _ , 1:t- . - ,,,- ,,1 ,,,./,•-•---,-44',`,4.:44'-k.o',;,'1 ,k, ,8',= - f. ,t, ' ,,'.; L." .4.1, vi, ''..7.,c 41- ,-,...,,,,L,,,:-%%,, • tx [ ‘0•41.941- --r;,,-..6;:tt''=4,1 -'1, '4 ,_1<..''''.t''„“2-,=,:i,.. •1,' - 10''"V 1:4 e 4i'lrgett,' "0 , 'a==-'.- - .,,...„ , ' ••• s - i ® ,-41- 4 , ti.ti/C.,tr off 4.... 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Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: l,PED 1t 62.6 i 6-e (please print) Address: vJVLl & j —7E0oS Signature: ---191e/Ce...--/itil- Date: a — OS COMMENTS: .& 6-11\ A/r'f -- i • ` 4" J ,"51 -> PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 am FOR the requested zoning as explained on the attached public notice for Zoning Case I e #2005-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: J 11 N kl. D ) PrJ/ M U b0!`U (please print) Address: a va, ea,(AAA cut "){,w�.e, r Signature: e� Date: 31 1 i D S COMMENTS: M.o fe 9Ytp-e-ily vc ci-ti`,C Itt ' 4- ' - C —'. ,ttlrkSt r Cr et or6-ntit -..- M-' a.„,......" - ,1ar-i t b i.< r 3• Nrc,1-e., tr Ys , (tt C V - PUBLIC COMMENT FORM (Please hpe or use Mack ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-06. Date,Location&Time of Planning&Zoning Commission meeting: 'Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal-Complex,2000 Highway 78 North,Wylie,Texas <7 Name: ./!E ��rGCE (please print) Address: 5 6 Z if EN s/E r V/7 4, 1 C jo 7 50 98 Signature: n� Date: S _ a 5 COMMENTS: licoPesdb 2oAt/N4' GN4,v4 /5 A (11cu<-61 er`r ( '> o� -4 L,err� MA/ A 5e%IaoG 1 tEe- Pkdi° () 7J,1olc6e2 y /).„ ; /clot p e, A564,47y Ac405 404 icNGP4 /eL. %1I(1ee A(l 6;r/(/ A A 5 76 tdyc1E' _AEii 7 i (a/oaG. mcl2E /l%eviek 5cNda F4/1 54[K 5(Weae Akr" Si7Vi4 ( i ki1"`:) Ile A /710c L e776: sE ei 0.e �w,5 PK,p 0 7 �,c iCa�2 7 cctrv£Y PUBLIC COMMENT FORM (Please type or sue black Ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: A61 -A- CQ c )Li (please print) �( ` r Address: T 0to 2' , F ti (1 . [ 1 c` , Signature: Date: 3— S-o 3 COMMEN/T�S: �1 h ' C— l�q� 11-61.4 It 61c J� 1Ujj0P6ltF �� (.:1 ` ;A_) 1 c it Ali lf't �«r c �l �or koa,9 - a tar UP_ /L t_ i 10 k/e-- kst r ± o-P k-cJ • Pt , I(C&t-f e i ` k r✓ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Dr)., ; (please print] Address: (910 l e.i IY1C1,1 , ft. (, `7`�5PCZ Signature: Date: v COMMENTS: ke , PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 V I am FOR the requested zoningas explained on the attached public notice for Zoning Case q #2005-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ---------/ Name: �'V / kozzotaj (please ji-int) Address: ZQ c iuris k.U/ / 6n'atj INvili) 7569( Signature: xta<,a, Date: qZ-,5105 COMMEN S: O 4 /, . i it. . . / / /.�.1' i 9 A_ ZJ r _..iierrweblie, /r ale :tix...r,m-nriathwEr • Wit, .// ;/I03 / / ,. L / i% /,/ . M ' raW/ ' . GieiS/f?. /i) JP a4 - IMq 6f1d 0/# 7 - a. eta Ki thtrAw A 5/orbitri / gA se/a/ Page 1 of 1 Claude Thompson From: Lisa Holacka [housedragon@verizon.net] Sent: Sunday, February 20,2005 8:54 PM To: mayor@ci.wylie.tx.us; ehogue@ci.wylie.tx.us; cthompson@ci.wylie.tx.us; citysec@ci.wylie.tx.us; John.Fuller@wylieisd.net Subject: New High School Location I wish to let each and every one of you know that I am opposed to locating a new high school on Bennett Road. Due to previous obligations, I am not able to attend the next School Board meeting nor the next Planning & Zoning meeting, so I want to make sure you are aware that I am a resident of Cimarron Estates who is opposed to this idea. I would much rather see the zoning change requested by Skorburg Development approved and to see that land used for housing. I am not at all interested in the increased traffic flow to the area and/or the other problems that will come with having a high school located in such proximity to already existing housing and agriculture (specifically crime, noise, pollution in the way of trash being discarded out of car windows, etc.). I already have a hard time each morning turning onto Anson Parkway from my street due to the hoards of traffic that are already using it as a way to avoid the construction and/or to avoid the light at Wal-Mart. Each morning, I count no less than 10 vehicles SPEEDING from the highway to make their way over to Brown Street where the majority of them turn right and head right back to the highway. Here's an idea: If the city would like to increase their coffers significantly each month, I would suggest they park an officer on the street each morning and evening and start writing citations. (Trust me when I say there is money to be made here!) The two speed limit signs that have been erected are quite simply being ignored. This is not just a morning problem either, it is just as bad in the evening. Here's what scares me the most: I hear stories from my children at least a couple of times each week about idiots driving like maniacs down Anson Parkway when they are exiting the school bus. I met my son down there one day and there were no less than 25 perhaps as many as 30 children exiting the bus from Akin Elementary. I have not had the opportunity to meet my older son when he is arriving on his bus, but I'm clear that there are also a large number of children coming to this neighborhood from Harrison Intermediate school. My children have friends who also live in Cimarron Estates, but on the other side of Anson Parkway and due to the current situation it already makes me nervous when they must cross Anson Parkway. Please do not make this situation worse and endanger the safety of our children by placing a high school so close with limited access roads. I moved to Wylie from Garland, near North Garland High School and the issues I mentioned in the first paragraph of this communication are all very real and I am NOT interested in having that experience again. The street I lived on was a race track each morning before school and each afternoon when school was dismissed. I did not have to look at the clock to know what time it was, I could hear the traffic zooming by each day. I chose this neighborhood in Wylie over others because it is smaller and not connected to a million other streets,with a million other houses. I would like to keep that"small"feeling and reduced amounts of traffic that I thought I would experience in Cimarron Estates. Frankly,the other neighborhoods made me feel like a rat in a maze. Especially with all the front entry drives I would also suggest that the city require the builders to use alleys whenever possible and/or require larger lots if front entry drives are used. It just makes the neighborhood feel more like a small town quiet neighborhood and less like an inner-city rat in a maze scenario. I understand that the builders don't want the expense of building the alleys, but I would ask then,who is in charge the city or the builders? Let me say one more time, I am NOT in support of the idea of placing a high school on Bennett Road. If you have any questions for me regarding my concerns, please feel free to contact me. Sincerely, Lisa Holacka Concerned Citizen, Parent and Taxpayer Home: 972-575-8655 Work: 972-494-5328 3/8/2005 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 II am FOR the requested zoning as explained on the attached public notice for Zoning race #2005-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 7)/q1// p A-I--)2 11 (please print) Address: ;Zia P4 LMDA-Lt% P1 Lit( Signature: L j,..e.6 Date: ' ,›Z `' 7 COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipall Complex,2000 Highway 78 North,Wylie,Texas Name: ` ci (please print) Address: ( U tick P Signature: Date: (.) - U 5- COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 - I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Ski/) (please print) Address: 2 c 41 l 4 0 104 E. (try I;, 7/ 7.c6 Signature: Date: 7 17 lr /0 c" COMMENTS: l .t vl PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 / I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ' ., .i._?--': t LIC i CC: (ticr?t,f (please):rint) j // /! Address: t'� i C) ( '.�'1( % (.,_�// - ,( ,- 7 s 1,“'' Signature: --r ;E/�. . ✓Date: `) ) --;/ /.1 l COMMENTS: c"�7...) H L V 2 ' E/(i,(f_ PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday, April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: 7/>7 1 (( )(?K'(/1% it--) (please print) Address: ICJ j 6 L .70 JC 0E. 1/uq(..1 ( �� Signature: Ltii. (, � �� lT/� Date: r ) J COMMENTS: 4 t • PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-06. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-06. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: . t t C t r r r"e (please print) Z� Address: t!-� (i G: .e O( f S. Signature: jA/'L Date: COMMENTS: /// Regarding High School on 64 Acres on Bennett Road Page 1 of 1 Claude Thompson From: John Thomas [jsthomas@nortel.com] Sent: Tuesday, February 22, 2005 4:24 PM To: mayor@ci.wylie.tx.us; ehogue@ci.wylie.tx.us; cthompson@ci.wylie.tx.us;john.fuller@wylieisd.net Subject: Regarding High School on 64 Acres on Bennett Road To Whom It May Concern, My name is John Thomas and I live on Kernville Avenue on the corner of Anson Parkway (one block off of Brown Road). It has come to my attention that there is the possibility of a High School being built on Bennett Road with the main entrance to the school being on Brown Road and Anson. Recently I received a letter from people in my neighborhood who are trying to start a petition against the building of a school at this location in favor of a housing development by Skorburg Development. I would not oppose an elementary or middle school being built, but if this is to actually be a high school with grades 10, 11 and 12,then I will definitely sign any petition passed my way. I am the father of a two year old and a four year old. Already I have strong concerns about living on the corner of Anson Parkway, or should I say speedway as that is what many people(especially teenagers) use it for. If this high school is built with it's main entrance on Anson and Brown it will not only greatly increase the traffic on Anson, but it will also greatly increase the people driving irresponsibly down this street at high speeds. I do not want either of my children being potential casualties due to reckless high school students speeding to or from school past my home. Recently I moved here from a neighborhood in Plano next to East Plano High. There were always conflicts between the neighborhood and the reckless driving of teenagers from the school. I lived on one of the side streets a little further from the school, but this did not deter these young drivers from speeding in a 30 mile an hour zone, or from throwing a variety of objects (eggs and pizza in my case)at the parked cars. So again, if any petition comes my way to block a high school, I will sign it. If the petition fails and the school is still built, I hope and pray that the City of Wylie will take all necessary actions to slow down and limit the amount of traffic on Anson Parkway. Even at this stage of development in this area, I already feel that speed bumps are necessary on this street, but if the school is built it will be a much more dangerous street to live on. Sincerely, John Thomas 2815 Kernville Drive Wylie, TX 75098 972-684-0120 3/8/2005 Page 1 of 1 Claude Thompson From: John Mondy[MondyJs@msn.com] Sent: Sunday, February 20,2005 11:12 AM To: Jim FRIEDLEY; mayor; Claude Thompson Subject: Re: Zoning for Bennett Road Thank you for your concern. Here is what I am aware of. To my knowledge the school does not own this property it is currently owned by the Brimingham Land Trust ( which I am the Chairman). The Trust has a contract to sell the property to the Skorberg Company contingent on gaining requested zoning to build homes on large lots. The trust also has a backup contract with the WISD to purchase the land should the Skorberg Company not be able to obtain the zoning. Legally the WISD can "take" the property at fair market value from the Skorberg Company or the trust under imminent domain proceedings, if they choose, for the greater good of the community. I would suggest that you attend the next school board meeting on Monday Feb. 22 at 7 pm if you want your voice heard and assist them in making this decision. The Birmingham Trust provides roughly $700,00 per year to the school district for additional educational opportunities that might not otherwise be available to our children. regards John Mondy —Original Message— From: Jim FRIEDLEY Sent: Sunday, February 20,2005 12:04 AM To: mayor@ci.wylie.tx.us; cthompson@ci.wylie.tx.us Subject: Zoning for Bennett Road Dear Sirs, As a new resident to Wylie, my family and I built our home in the Cimarron Estates subdivision because of its location and decreased traffic. I have just been made aware that WISD is proposing to build a High School at the Bennett Road location. We have two small children and are concerned that Anson and Brown streets might become overwhelming busy and thus unsafe for them to play near. We realize the need for the school and would be happy to support the School districts growth any place else, but not in our back yard! Please reconsider zoning the land for residential use. Thank You for your cooperation. James R. Friedley 2809 Deerborn Str. 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J- 4' c2 /( 7 �C?= --' '. 35 16 % A9A /��i 36 17 i� 7134 '4-42-4; 37 18 ?9/& ! 74/X Z. / 38 VQ)49 , _ ` 20 40 Dated 2/18/2005 PETTION OPPOSED TO A HIGH SCHOOL ON THE BENNETT RD PROPERTY Please include your name, addr ss and phone number Please include your name, address and phone number 4t, 1 6.0.. Aor g i rn -di 71% ,//t' 0( 21 2Ay11 6 o :ctll ,)o ( L; 1 ronu'a,,e z,q17-o`/ 2s 22 . 3 04 \a) i t Z. (.174 t 6_C7 23 4 44tr, ►` t Z.•`l� Y-o ( 5 24 5 •-• Nap�\O Lai& q. `1Yo�(0/(OQ 25 6 Cr' t� 2 T,�,��/ rc,,, ,b , q. 7ya616y 267 q/igt1U 1/t<�lQ , f ti 27 8 28 9 29 10 30 11 31 12 32 13 33 14 34 • 15 35 16 36 17 37 18 38 19 39 20 40 CITY OF WYLIE Item No. 2 Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: Anril 12. 2005 Originating Department: Planning and Zoning Claude Thompson Prepared By: Account Code No. #: Date Prepared: April 1, 2005 Budgeted Amount: Exhibits: 5 AGENDA SUBJECT: Hold a public hearing and act upon a change of zoning from Corridor Commercial (CC) to Planned Development (PD)District for commercial uses and to allow coordinated signage. ZC 2005-07 RECOMMENDED ACTION: Planning &Zoning Commission voted to recommend approval at the March 15, 2005 meeting. SUMMARY: Owner—Wylie Economic Development Corporation Applicant—WEDC Property totals 5.8 acres, east of Cooper Drive and north of S.H. 78. The property includes three lots previously platted as part of the Wylie Industrial Addition and the old Extruders tract. These will be replatted into a 4-lot retail complex, with Cooper Drive being extended through the center to connect with S.H. 78. The preliminary plat to create the new street and lot configuration is also on the current agenda for consideration, contengint upon adoption of the subject PD. Notification/Responses — Eleven (11) notifications mailed. One (1) written response returned FAVORING. Requires simple majority vote to approve. Comprehensive Plan recommends Commercial (retail and offices) uses for the subject property. The uses anticipated within this request comply with the Comp Plan. The Comprehensive Plan recommends that the intersection of S.H. 544 and F.M. 544 become the new Central Place of Wylie, accommodating a broad diversity of compatible commercial and service opportunities planned to serve the overall population of Wylie and the region. The proposal complements similar recent redevelopments (Walgreens, Albertsons) toward achieving this goal. APPROVED BY: Initial Date Department Director: CT \ City Manager: .�� \ 1 AGENDA SUBJECT: Hold a public hearing and act upon a change in zoning from Corridor Commercial (CC) to Planned Development (PD) District for commercial uses and to allow coordinated signage. ZC 2005-07 SUMMARY: (Continued) The major purpose of the PD is to provide a coordinated signage program for the several lots which would not be allowed under the current Sign Regulations. The Regulations prohibit off-premise signs but do not provide a clear mechanism of appeal for innovative or noncomplying signs. The PD zoning is justified to accomplish the coordinated sign program. A medical clinic by Baylor Health Care will occupy the northern-most rear lot (Lot 2) immediately, but uses have not yet been announced for the remaining lots. The Baylor facility will be partially obscured from view of traffic along S.H. 78, especially when additional retail buildings are constructed in front of it facing 78. The current Sign Regulations require that all signage must be located on the property to which it is related, and prohibits signs on other lots or easements. The PD proposes a planned program for signage for the 4-lot center which complies with the spirit of the Sign Regulations and provides adequate identity and direction for each of the lots (similar to that approved for the multi-lot Albertsons complex). An off-site sign to identify the Baylor facility will be located at SH 78 and the new Cooper Drive intersection (important for potential emergency medical functions rather than just visibility for enhanced economic reasons). Other lots will share signs (important because of the shared entry drives along SH 78). The development will otherwise fully comply with all City codes. 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, 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 2005-07, TO PLANNED DEVELOPMENT (PD) DISTRICT FOR COMMERCIAL USES AND SIGN PROGRAM; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD) District for single- family residential uses, said property being described in Exhibit "A", Exhibit "B" and Exhibit "C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2005. By John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary �.• tr •�♦ ea 2 21:4 '..■.�■, d1�ini�111111111`s_--------___.------- . ♦,♦ ♦♦♦♦��•t lei.+l-- - M--♦ ■■'-• I .Z 11■'. t 0 i ail arliwitie � '��0 s. IN �'�►w m am in am =: ail�� 4IF.,::'.---- �� Subject r/ Property ,,o• 1 ! rAiiiiiiiiiiiiii F _ ______„.._._...., ,_,, . , . I i owe Ulf' III 1 411114kg 11111I::I1 ' a ' _+ - _ 'A �■. ww•u//14L,Ignilliall(74 t �/v ••,u • .i i �" n• "ram �-T all=i =.�111Ij��IIr/►n�0 .. v _ ...:.�i -� ►II ! ■illy' ♦ .4 �az L■ I<'= Ea.: .. �.■. ■ir' i► �rrt111� ■Alum "i.'lf/ly� �1111111l��'�_Ct� /a ? R=,� i`r 4 I I as. '--- 11:■i Ilium -'i �.'iiiillg- - v.• 11W111uu1/'. •• C i Pr •< < ..F.funnieserft... siummmi In E ete• - --. -- - , i IrA { nnnnnuu■. .I UulflIIIIHui l �' mm:::�1II..ip..L.Igliltl-I+H(il 1 ��t11111i■ ...:. _uu nuuU1 D •.l 9 J11N1Q11111111D �./_-• :s :C Ii - .40�ltt11114 i Had E 1 i ram: /irl s?1 416 -_ 1 C IIMP �� 4/IL■11111 l i 01 i 'dam`• ,{;`f.: �G�`a; = t I � �.4lli lmuni • wa ... al .;mai et„Ci Utilnli 9 . , . „raj ., _ w_ Nalonginou '1 i _.. ri ,• ;. .,_ r_ . . . . . . .1.. J ,...= .1 ,,.., . III _f.,. 44 Ad - � _■1�� N .111 ' -- Imo■. rfJdFJJfflI_ tip � ol,,,miirdir ��\ 'EA. A� •. ,e O.... ,:cs iv 0 .0 '`,\ f:1, '\__ Mt,161.-. ...4401.01) 1 1 II 1 I ii II • , : ff';+1 a ,,\\� ...1/4.,.. ,„.. ' i , ,.. _ ri ._.i 1 • _ ,.........______,,....,. . ,,__ • ,..,__Iiir, fir -------41-11 I 1 .. -------_-___. . _ U i 1 1 .,.t, ..... I_ . �-- (firm[n\ _ - _ , r I [11 w i i_n 11 I i [ i ;; L - T I- .. 11111IIIIIII ; i._i .! 1 i . _ 1 ` -_ ! -' :,- - -`fr--'-- ------------r-- , V LIILI 4^ it j-, '1 i 11 ° , i i;' E i . - r--- - - J , t.I II__ 1 lV .._.. f-1 �• e` i l > 1111111 • LOCATION MAP ZONING CASE #2005-07 Exhibit"B" Zoning Case No. 2005-07 Conditions to the Planned Development Zoning District 404 South Highway 78 General Conditions: 1. The Purpose of this Planned Development (PD) District is to allow for off- premise signage. 2. This PD District request shall not affect any regulation found within the Code of Ordinances,unless specifically provided herein. 3. All regulations of the existing Corridor Commercial (CC) District set forth in Section 4.2.B of the Zoning Ordinance (as adopted February 27, 2002) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. The following uses shall be permitted as a function of the PD: a. All uses allowed within the existing CC District; and b. Off-premise signage shall be allowed under the following conditions: i. A single entity(i.e. Baylor Healthcare System) located on Lot 4, as referenced on Exhibit "C", will be allowed to have signage on all or part of a monument sign located on Lot 1. ii. Any business enterprise occupying all or part of Lot 1 will be allowed to have signage on all or part of a monument sign located on Lot 1, Lot 2, or Lot 3 with the condition that said enterprise can only have signage on one (1) monument sign located on either of Lots 1, 2,or 3. iii. Any business enterprise occupying all or part of Lot 2 will be allowed to have signage on all or part of a monument sign located on Lot 1, Lot 2, or Lot 3 with the condition that said enterprise can only have signage on one (1) monument sign located on either of Lots 1, 2, or 3. iv. Any business enterprise occupying all or part of Lot 3 will be allowed to have signage on all or part of a monument sign located on Lot 1, Lot 2, or Lot 3 with the condition that said enterprise can only have signage on one (1) monument sign located on either of Lots 1, 2,or 3. al.0Z l .09 .0 MON ueid IS 1 I , . .. . . . , .. . , ,.. ,..: c,4 .. ..cf..) c„..„.......,. N.._ .„zy-4\c'') ,,,,,,,,,,- ,.- -.1.,-,4.. :4 ,...-, s- 2.-- . ....... i. 4 . cbv ,-- , .. ,_ ,, ,...., • % - - -- . . . ? . , .m.,...„ alp %,... / ,,, i., .:i.,,:‘, :•.,,;,............ •.:, •,,,1 •k e . ‘ . • . ., •4,11?.: 7 0.', • ,:r" ,, •. . s \ -, - . .„,. / • '''''''. ' , ''`. %\ \, '''' t'.:::''' ' I i .„.. ‘...\\•.:' -.. ' .., \-. 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' .4.T.ej,:".-;*47; s:'-•' -: ..- • • •. - ..... 2.,-....: : : '..":.%I.:''''''' - • ,.....--- -,, 4 ,..., „.„. „... .„ . , ......„„,,,,..... .....„.._ ..., I . ••. ,.. .. i NOTIFICATION REPORT APPLICANT: Sam Satterwhite-Wylie Economic Dev. Corp. APPLICATION FILE #2005-07 2000 Highway 78 North Wylie, Texas 75098 ( = X=AG4tkis 7- # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant-Sam Satterwhite 2000 Highway 78 North 1 Wylie Economic Dev. Corp. Wylie, Texas 75098 Rustic Oaks Ph. 4 3300 Commerce Street 2 Blk M Lot 1 R-2207-00M-0010-1 Westdale Rustic Oaks Ltd Dallas, Texas 75226-2590 Bachon Townhomes 3030 LBJ Freeway, Suite 880 3 Blk 1 Lot 1 R-8517-001-0010-1 Bachon Investments LP Dallas, Texas 75234-2774 Wylie Industrial Park 2000 Highway 78 North 0 4 Blk A Lot 8 R-1180-001-0080-1 Wylie Economic Dev. Corp. Wylie, Texas 75098 Wylie Industrial Park 2000 Highway 78 North O 5 Blk A Lot 9 R-1180-001-0090-1 Wylie Economic Dev. Corp. Wylie, Texas 75098 Wylie Industrial Park 2000 Highway 78 North a 6 Blk A Lot 10 R-1180-001-0090-1 Wylie Economic Dev. Corp. Wylie, Texas 75098 Wylie Industrial Park 702 Cooper Drive 7 Blk A Lot 11 R-1180-001-0110-1 Duel Products, Inc. Wylie, Texas 75098 PO Box 1329 8 Abst 820 Tract 14 R-6820-000-0140-1 Mary Hughes Wylie, Texas 75098 2000 Highway 78 North 0 9 Abst 820 Tract 15 R-6820-000-0150-1 Wylie Economic Dev. Corp. Wylie, Texas 75098 PO Box 1329 10 Abst 820 Tract 19 R-6820-000-0190-1 Mary Hughes Wylie, Texas 75098 Bill Lovil, P.E. PO Box 90 11 Highway 78 Texas Dept. of Transportation McKinney, Texas 75069 12 13 14 15 16 17 18 • _ . . J . . _ . _ . . 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A • Gos/ t / • 11 '14de •/\)N BC I CO DC 1 �1t 6 / • • vC ' p 4oyJ� Q of / • l loi Q I b tuaasa)) o)ouv ,-------- PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-07. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-07. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: Si4v*". SAlter49VLt (please print) / Address: ' `�©0 �c9 y E AL. tiOy )tC- 73 Signature: � Q Date: a-"'aS-p5 COMMENTS: AOlefAii 't2it -EG.e. �r,� c 1P-1 (A As we-c I & q 410 ;P)Iode._ CITY OF WYLIE Item No. 3 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12. 2005 Originating Department: Planning and Zoning Prepared By: Claude Thompson Account Code No. #: Date Prepared: April 1, 2005 Budgeted Amount: Exhibits: 5 AGENDA SUBJECT: Hold a public hearing and act upon a change in zoning from Single Family Residential (SF-8.5/17)District to Planned Development (PD)District for residential uses. ZC 2005-08 RECOMMENDED ACTION: Planning & Zoning Commission voted to recommend approval with stipulations at the March 15, 2005 meeting. The stipulations have been incorporated into the attached information. Because owners representing more than 20% of the property within the legal notification area have provided written opposition to the request, a 75% affirmative vote of the Council is required to approve this request SUMMARY: Owner—Trimble Family Investments, Ltd. Applicant — McEwen Partners Property totals 4.54 acres, west of Thomas Street and south of Stone Road. Abutting properties to the west are platted as the Caldwell Estates and those to the north are within the Eldridge Additions, both created in 1962. WISD and City of Wylie ownership and facilities abut the tract on the south. Notification/Responses — Twenty-four (24) notifications mailed. Three (3) written responses, representing 5 properties, were returned OPPOSING the request. Because these responses in opposition represent more than 20% of the legal notification area, the affirmative vote of 75% of the Council is required for approval' The PD envisions a cloistered neighborhood on a private street. Houses will be indipendently-detached, and of a Neotraditional/New Urbanist design, with smaller yards and shared common open space intended to strengthen sommunity social values. These innovations justify the PD. Comprehensive Plan recommends Village Center Residential uses, with minimal lot size of 8,500 sq. ft.. The request for smaller lots does not comply with this recommendation of the Comp Plan. Certain revisions to the Comprehensive Plan recommend that high-density residential uses, including detached lots smaller than 10,000 s.f as well as townhouses and apartments, be restricted to properties already zoned and platted to allow such densities. The proposal does not comply with this recommended future policy of the Plan. APPROVED BY: Initial Date Department Director: CT \ City Manager: in-tC \ ' N/arc 1 AGENDA SUBJECT: Hold a public hearing and act upon a change in zoning from Single Family Residential (SF-8.5/17) District to Planned Development(PD) District for residential uses. ZC 2005-08 SUMMARY: (Continued) The property is accessable only from Thomas Street. A drainage channel platted to WISD separates the tract from the private Pirate Drive. A recent replatting of the WISD property terminates Pirate Drive at Hilltop, eliminating any potential for providing access to the subject tract. The PD establishes a maximum of 20 lots, or a density of 4.4 lots per acre. If developed according to the Comp Plan, with lots of 8,500 s.f. or larger, the property could accommodate approximately 12 lots or a density of 2.6 lots per acre. If houses could front onto and be accessed from Pirate Drive, a total of perhaps 15 houses might be achieved. The PD establishes a minimum lot size of 5,100 s.f.. The smallest detached residential lot currently allowed by Wylie's Zoning Ordinance is 8,500 s.f., and attached duplexes/townhouses but occupy lots of at least 3,500 s.f. Existing lots within Caldwell Estates to the west are approximately 8,000 s.f., and those to the north within the Eldridge Additions are approximately 13,200 s.f. The PD also proposes setbacks/yards which are smaller than currently permitted by the ZO, 15 ft. front and rear yards compared to 25 ft. and 5 ft. rather than 7 ft. side yards (houses may also be located along a side lot line with side yard only on one side). The PD establishes a minimum house size of 1,400 s.f., but provides that at least 50% of the dwellings be a minimum of 1,800 s.f. The smallest detached residential lot currently allowed by Wylie's Zoning Ordinance is 1,700 s.f., and attached duplexes must be at least 1,000 s.f. and townhouses 1,200 s.f. Existing houses within Caldwell Estates to the west are average 1,017 s.f. with two smaller than 1,000 s.f. Houses to the north within the Eldridge Additions are approximately 1,900 s.f. with two larger than 2,350 s.£ The PD complies closely to the standard regulations of the Zoning Ordinance, except for certain changes thought required by the Neo-traditional look.. At least 50% of the "masonry" exterior wall material may include EIFS and other composite cementuous materials as well as brick, stone or stucco, if approved for durability by the Building Official. Larger front porch are required (48 s.f. compared to 20 s.f.) and 8:12 roof pitch is required on all houses rather than as a points-achieving incentive. The PD provides for a private street and common open space area, to be maintained by the Homeowners Association. The PD proposes no alleys be required. There are platted but unimproved alleys to the west and north of the property. The P&Z Commission also required that a 6 ft. high wood fence with decorative cap, between masonry columne on 25-ft. centers, to be placed along the West and South sides of the development. Staff recommends that it be further stipulated within the PD Conditions that this perimeter screen/fence also be added to the north side and that poles and rails be placed to the inside of the subject development. ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, 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 2005-08, TO PLANNED DEVELOPMENT(PD)DISTRICT FOR SINGLE- FAMILY RESIDENTIAL USES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development (PD) District for single- family residential uses, said property being described in Exhibit "A", Exhibit "B" and Exhibit "C" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 2005. By John Mondy,Mayor ATTEST: Carole Ehrlich, City Secretary Exhibit"B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Thomas Square (4.5 acre Trimble Tract) Zoning Case#2005-08 Purpose: This planned development district is intended to create a neo-traditional neighborhood. This neighborhood is designed to encourage outdoor activity between families, friends and neighbors and will thereby promote community between those residing in Thomas Square. General Conditions: 1. This Planned Development District shall not effect any regulation within the Code of Ordinances, except as specifically provided herein. 2. All regulations of SF-8.5/17 District set forth in Article 3, Section 3.3 A.3 of the Comprehensive Zoning Ordinance (amended on September 26, 2003) are included by reference and shall apply except as amended herein. 3. The attached Development Plan(Exhibit C) shall serve as a Preliminary Plat. The Development Plan shall conform to the written conditions of the Planned Development, but in case of conflict between the two, the written conditions shall prevail. Special Conditions: 1. Lot Mix Maximum number of Single Family Lots permitted in this Planned Development shall not exceed 20. Minimum 20 lots will be 5100 sq. ft. or greater 2. Lot Size Minimum Lot Width(at front building line): 50 feet Minimum Lot Width(at front building line) of Corner Lots 55 feet Minimum Lot Depth: 90 feet (Lot depth shall be measured at the mid-point of the lot depth) 3. Dwelling Regulations Minimum Dwelling Size: 50% of the homes shall be a minimum of 1,400 SF 50% of the homes shall be a minimum of 1,800 SF Conditions for Planned Development—Thomas Square 1 4. Yard Requirements—Main Structures Front Yard 15 feet, 10 feet for porches and other architectural features such as: eves, chimneys, and overhangs 20 feet for garages doors Side Yard 5 feet, except for porches and other architectural features such as: eves, chimneys and overhangs Side Yard of Corner Lots 10 feet,where adjacent to street except for porches and other architectural features such as: eves, chimneys, and overhangs Rear Yard 15 feet, except for porches and other architectural features such as: eves, chimneys, and overhangs 5. Yard Requirements—Accessory Structures Front Yard behind rear building line of main structure Side Yard 0 feet Rear Yard 0 feet Side Yard of Corner Lots 0 feet Minimum Distance from Main Building 5 feet, but may be connected by breezeway Max Area of Accessory Structure 180 sq. ft. 6. Height of Structures: Main Structure 36 feet, measured at the mid-point between the roof-ridge and the eve. Accessory 15 feet 7. Alleys No alleys shall be required within this Planned Development District 8. Sub-Division Entrance The sub-division shall have a divided entrance to provide two points of access for emergency vehicles. There shall be two 22-foot wide drives that are divided by a median and there shall be a minimum 9.0-foot parkway, between the access drives and adjacent homes. The developer shall enhance the landscaping along the Sub-division entrance parkways in lieu of the required solid masonry screening wall. Conditions for Planned Development—Thomas Square 2 9. Design Standards The following will substitute for Section 3.4, Figure 3.14 of the Zoning Ordinance Exterior Facade(Main Structure) 100%brick, stone, or masonry Chimneys Chimney enclosure required Roof Pitch 8:12 or greater Roof Materials Architectural grade asphalt shingles, no wood shingles Paint rooftop accessories to match Units with same street elevation 4 lots skipped same side of street, Lots which directly face each other shall not have the same street elevation Front Porch 48 SF minimum front porch, 8' minimum width and 6' minimum depth Residential Mail Box locations Paired at Lot Line, same style throughout Garage Doors Maximum 50% of elevation Note: For the purposes of this PD, "masonry" includes, but is not limited to brick, stone, concrete or cement, granite, marble, stucco, not more than 50% fiberous-cementous materials (Hardie-plank), and any other building material that have durability characteristics similar to masonry or building techniques approved by the Building official. 10. Parking: Parking is only permitted outside the designated 24' private drive/fire-lane. Additional off-street parking will be constructed in or adjacent to the common area. 11. Signage, Entry Feature and Medians No signage, entry feature or median element will be required within this Planned Development District as this is intended to blend with the surrounding community of homes. 12. Landscape and Irrigation: Each lot shall have at least 1 tree that is at least 3-inches in diameter measured 18-inches above the ground. The tree species shall be one of the trees identified in the City's approved tree list. The front, side and back yards of each lot and all common open spaces shall be fully irrigated. The HOA will be responsible for maintaining all common or open space areas. Conditions for Planned Development—Thomas Square 3 13. Lighting& Interior Signage Decorative and ornamental street lights, stop signs, street blades and other signage shall be permitted within this Planned Development District. 14. Crosswalk Construction Specialty pavers will be installed at all crosswalks within subdivision. Pavers will be installed at a minimum width of 4 feet 15. Fencing A 6-foot wood fence with a cap and masonry columns on 25-foot centers shall be constructed along the back of the lots on the West side and the South side. Conditions for Planned Development—Thomas Square 4 �4/� �rrr �r -■4 111111(111111111 1 1 1 ►K-ter rrB rr ■n/11111:i' . ■■llJul, ;ll''�.r►III■nnulAllll` �e a e i _L rr rrrr - rl. -K.:. - =_I_=_'P- EN:riii,i 'l,q. 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GRAPHIC 6CY.t X _ 1 I%pY W. 1 -, - � I* 3 siwsrlw o le 3 II Aril-11W 8e I.p.o.�(AIX N:KE 3 -- LI ZWE➢:s-e.sh> dl I z1• IX .9/4 t DI NIKOOKEL POOMON1 r• ` .� - : j� y1 OpZtit $Y r i1n . .7 x 11 _ • �qt av0ya \I�S1aY II 4 Ni a157 KOPE]O nl 0 E 11474II 2 @ " €d 16 Jv � __ 49 r$ f ay .128 ,. ! i ZONED 51,35/17 - H ME iS0 ZISIM 9-0.Sn7 VOL.601.PO.07S-5194 1370.�G 5 YQ. D-Sit $ DEVELOPMENT PLAN I THOMAS SQUARE 9 AN A901TON AC a Or WOE AC JE 9 MIDI ATIENE SWAY WAY-AE6INACT NO.YJ j GOWN COUNT'.MEM E6q TOMMY 7035 SCALE:1•..W 3 INURE FAMILY INYESTIENTS,L10. t OMEN 303 STALE 1601MSUMr 76 SUM 209 b 972-441-4161 ME.TEXAS 75046 Dip1E[N DO W DEr,AI•DOUON: 0 1013,1NC -�(. nXMPOAnNra I�trls 6MAA7w I OPI 1 �EVFET P ,591a6s 1 0..61I NOTIFICATION REPORT APPLICANT: Blake Reed of McEwen Partners APPLICATION FILE #2005-08 4100 McEwen Road, #108 Dallas, Texas 75244 ® ` K # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Applicant- Blake Reed 4100 McEwen Road, #108 1 McEwen Partners Dallas, Texas 75244 Eldridge Addn PO Box 643 2 --- Lot 4 R-11 bl-000-0040-1 W.G. Housewright Wylie, Texas 75098 Eldridge Addn 508 Stone Road 3 --- Lot 5 R-1161-000-0050-1 Kathleen Zawisza Wylie, Texas 75098 4 Eldridge Addn 506 E. Stone Road 5 --- Lot 6 R-1161-000-0060-1 Ralph Vail Wylie, Texas 75098 Eldridge Addn Boyd Living Trust 103 S. Ballard Avenue 6 --- Lot 7A R-1161-000-007A-1 c/o Jesse Boyd, Trustee Wylie, Texas 75098 Eldridge Addn 4069 County Road 2626 7 --- Lot 7B R-1161-000-007E-1 Kimberly Wood Caddo Mills, Texas 75135-7347 Eldridge Addn Boyd Living Trust 103 S. Ballard Avenue 8 --- Lot 8 R-1161-000-007A-1 c/o Jesse Boyd, Trustee Wylie, Texas 75098 Eldridge Addn Boyd Living Trust 103 S. Ballard Avenue 9 --- Lot 9 R-1161-000-007A-1 c/o Jesse Boyd, Trustee Wylie, Texas 75098 Caldwell Estates 501 Hilltop Lane 10 Blk 1 Lot 1 R-1159-001-0010-1 Tommy Mayberry Wylie, Texas 75098 Caldwell Estates 2012 Parker Road 11 Blk 1 Lot 2 R-1159-001-0020-1 James Uselton St. Paul, Texas 75098 Caldwell Estates 505 Hilltop Lane X12 Blk 1 Lot 3 R-1159-001-0030-1 Jerry Weathermon Wylie, Texas 75098 Caldwell Estates 507 Hilltop Lane 13 Blk 1 Lot 4 R-1159-001-0040-1 Michael Mullins Wylie, Texas 75098 Caldwell Estates 2402 Drain Drive 14 Blk 1 Lot 5 R-1159-001-0050-1 Bobby Williams Wylie, Texas 75098 Caldwell Estates 511 Hilltop Lane 15 Blk 1 Lot 6 R-1159-001-0060-1 Jackie Ellis Wylie, Texas 75098 Caldwell Estates 1929 Armstrong Drive 16 Blk 1 Lot 7 R-1159-001-0070-1 Paul Dickens Allen, Texas 75002 Caldwell Estates 410 E. Stone Road 17 Blk 2 Lot 1 R-1159-0020-0010-1 M Armes Wylie, Texas 75098 Caldwell Estates 411 Duncan Way 18 Blk 2 Lot 22 R-1159-002-0220-1 Edward Alaniz Wylie, Texas 75098 i I Caldwell Estates PO Box 281 19 Bik 5 Lot 1 R-1159-005-0010-1 Billie Drummond Wylie, Texas 75098 2000 Highway 78 North 20 Abst 23 Tract 23 R-6023-000-0230-1 Cily of Wylie Wylie, Texas 75098 507 Thomas Street X21 Abst 23 Tract 24 R-6023-000-0240-1 Trimble Family Investments, Ltd. Wylie, Texas 75098 507 Thomas Street X22 Abst 23 Tract 25 R-6023-000-0250-1 Susie Province Wylie, Texas 75098 1001 S. Ballard Avenue 23 Abst 23 Tract 26 R-6023-000-0260-1 Wylie I.S.D Wylie, Texas 75098 507 Thomas Street X24 Abst 23 Tract 27 R-6023-000-0270-1 Trimble Family Investments, Ltd. Wylie, Texas 75098 507 Thomas Street 25 Abst 23 Tract 28 R-6023-000-0280-1 Trimble Family Investments, Ltd. Wylie, Texas 75098 26 27 28 29 30 31 32 33 34 35 36 37 38 6 31 35 5 O 5 I t 5 12 — 36 4 7 A a 5 32 5 5 — 3 IO T - 13 2 2 a 'C 33 37 4 O 37 4 i 6 _ 3 3 (% 14 3 34 3 36 3 5 2 2 15 2 35 2 39 2 2 3 q t t t6 V 36• e1. e 12 a 3 2 tc�.:.�t Y f-. t Y`"r'` k i6 5�` y�iy '�. - '•• ':'Milt. '4Sw y'`.. .# 1 = lip_ �+.'• .: Y '•� 'a ''-,',. 9, f '' :' 2 x�i. 4 k `'- sa" :4 g e.3^"1 �eke.. S`' ^ ^'. ,-: sue .•' �. ta, t9 420 2, °� . rxf* . Tr i • 6 Z£1' hJE .t ¢µ{ ,e" l4fa 4- l I a I_ .. P F M1 '1 g yi kw q kl i .�"�rW ate .1; r'-A A,.. `k"�3 4 't' KEG ' -ti' `gym .*T ;}fir"` „� ` 7 . T Tr '23 WISD 1 i i eoR = Q i AGIktile6-1 X 1:1 , ,( / - 2oo ' ZONING CASE #2005-08 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-08. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-08. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: $L1Si‘ -- (please print) `` Address: 7Z SC,7 1//0,,1 S T Signature: Date: COMMENTS: PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-08. am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-08. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas \ l Name: TTr r "'k- 6 e 4 V,1 e ct±\i e-Y yr 01n. (please p thz) Address: 0.5' l�s.‘ \ W3\\ � �- =J —7 5 ej Signature: ��. Date: ee.r I, o COMMENTS: Vjok,k\k c_ ""E o „Ss AO(44 q r-e Mtn_ tO 0_2 c h_CL O i� } Ste". .J PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case #2005-08. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#2005-08. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,March 15,2005,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,April 12,2005,6:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: W e l l Pl ( h-I d LL..SP y) e L± (please print) Address: (o 0 (-1 )'Z3-L �`�,r,�.1 .� S-t , '75 t q Signature: 'V,j Date: 8 - �, - COMMENTS: . Q 1.,..-} =TL LE 1,1: 1 k a,LI o e,ins 3. `�t Y.i 4�',1 't`t+ �- o r ear .J '9 .e P .1 d �Cl \ r i►fie'; t� 4, LL-1'. it vv4 l Y`�6 l.,t , L ��a s..n ta,,. tJ 9 A%-k_k CITY OF WYLIE Item No. 4 Ciry Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12. 2005 Originating Department: Enaineerine Prepared By: Chris Hoisted Account Code No. #: Date Prepared: March 16. 2005 Budgeted Amount: N/A Exhibits: Resolution AGENDA SUBJECT: Consider and act upon approval of a Resolution recommending federal demonstration funds be reallocated to add additional lanes to SH 78. RECOMMENDED ACTION: Approval SUMMARY: On March 10th, the City of Wylie, City of Sachse, City of Garland, Collin County and Dallas County met with representatives of the Texas Department of Transportation (TxDOT) to discuss the need to add capacity to SH 78 in the form of two additional lanes. Traffic counts south of Wylie indicate that additional improvements are currently needed at the intersection of SH 78 and Murphy Road in Sachse to properly accommodate the existing traffic volumes. The existing 4-lanes in the City of Wylie have the capacity for the current traffic volumes; however, with the projected development at SH 78 and SH 205 and retail development at SH 78 and SH 190, additional capacity will be needed to accommodate the future volumes. TxDOT does not have funds available for the construction, but they will prepare the schematic and environmental reports and may be able to participate in the design of the project. Collin County may have funds available from the 2003 County Bond Program for the design of the project. Approximately 3.92 miles are located within the City of Wylie and TxDOT estimates the construction to cost between $1-$1.5 million per mile or $3.92-$5.88 million. Three projects remain in the federal demonstration funds as shown below: Intersection improvements at Oak and Brown $3,000,000 Noise abatement along SH 78 $500,000 Pedestrian bridge at Birmingham $275,000 TOTAL $3,775,000 APPROVED BY: Initial Date Department Director: CH \ 3/16/05 City Manager: \ MA-- 1 AGENDA SUBJECT: Consider and act upon approval of a Resolution recommending federal demonstration funds be reallocated to add additional lanes to SH 78. SUMMARY: (Continued) The attached resolution recommends the federal demonstration funds be reallocated to add the additional two lanes to SH 78. The realignment of the intersection of Oak Street can be incorporated into the construction. The additional two lanes will be added on the inside of SH 78 reducing the width of the median; therefore, no additional right of way is necessary. The environmental process and design of the project will take approximately 12 months. 2 RESOLUTION NO. (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO RECOMMEND THE REALLOCATION OF FEDERAL DEMONSTRATION FUNDS IN THE AMOUNT OF $3,775,000.00FOR THE CONSTRUCTION OF THE ADDITIONAL TWO LANES ON S.H. 78 FROM THE SOUTHERN CITY LIMITS TO SPRING CREEK PARKWAY. WHEREAS, S.H. 78 serves as a regional intermodal connector in southeast Collin County between Interstate 30, U.S. 75, S.H. 205 and S.H. 190; and WHEREAS, the reconstruction of S.H. 78, which travels through the heart of the community, will have significant and long term impacts on the mobility, economic viability, land use, and development standards throughout Wylie, including the areas surrounding the historic downtown; and WHEREAS, the City of Wylie has determined that increasing the capacity of S.H. 78 is a higher priority than the originally identified Federal Demonstration Fund projects; and WHEREAS, $3,775,000.00 is available for improvements along S.H. 78 from Federal Demonstration Funds secured by the City of Wylie; and WHEREAS, the realignment of the Oak Street intersection will be incorporated into the design of the project; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The City Council recommends the Federal Demonstration Funds in the amount of $3,775,000.00 be reallocated to the construction of the additional two lanes to S.H. 78 from the southern City Limits to Spring Creek Parkway. SECTION 2: The City Council requests the Texas Department of Transportation proceed with the update to the roadway schematic and environmental impact study. SECTION 3: This Resolution shall take effect immediately upon its passage. Resolution 2005- 1 DULY PASSED AND APPROVED THIS the 12th day of April 2005. JOHN MONDY, Mayor ATTEST TO: CAROLE EHRLICH, City Secretary Resolution 2005- 2 EXHIBIT "A" Right-of-Way Display Resolution 2005- 3 CITY OF WYLIE Item No. 5 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12, 2005 Originating Department: Finance Prepared By: Ron Hutchison Account Code No. #: Various Date Prepared: April 7, 2005 Budgeted Amount: Various-See Exhibits A1-7 Exhibits: Ordinance, Exhibits A1-7 AGENDA SUBJECT: Consider and act upon proposed mid-year budget amendments for fiscal year 2005. RECOMMENDED ACTION: Staff recommends approval of the proposed mid-year amendments. SUMMARY: The mid-year budget review is a mechanism to provide for items that have occurred or come to light since the current year budget adoption last September 2004. Some items may have been overlooked during the budget process while other items may have been totally unanticipated at the time. The budget, a legally adopted document, is subject to amendment to cover such items provided that funds are available. It has been determined after a review of the 2004 fiscal year and a mid-year review of the 2005 fiscal year that funds are available to cover the proposed amendments in each of the proposed funds. Matching revenues offset some of the proposed expenditures. Adequate fund balances will continue to be maintained assuming the adoption of all proposed expenditures. APPROVED BY: Initial Date Department Director: RH \ 4/7/05 City Manager: M41‹ \ ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2004-29, WHICH ESTABLISHED THE BUDGET FOR FISCAL YEAR 2005; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council heretofore adopted Ordinance No. 2004-29 setting forth the Budget for Fiscal Year 2005 (FY2005) beginning October 1, 2004, and ending September 30, 2005; and, WHEREAS, the City Departments and Divisions routinely review their budget appropriations at mid-year to determined if any changes are necessary; and WHEREAS, based upon said review the City staff now recommends that certain amendments to the Budget be considered by the City Council; and, WHEREAS, the City Council has the authority to make amendments to the City Budget under Article VII, Section 4 of the City Charter, as well as State law; and, WHEREAS, the City Council has determined that the proposed amendments to the FY 2005 Budget, with the revenues and expenditures therein contained, is in the best interest of the City; and therefore, desires to adopt the same by formal action. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS: SECTION I: The proposed amendments to the FY2005 Budget of the City of Wylie, as heretofore adopted by Ordinance No. 2004-29, as summarized in Exhibits A-1 thru A-7 which are attached hereto and fully incorporated herein by reference, be, and the same hereby are, completely adopted and approved as amendments to the said FY2005 Budget. SECTION II: All portions of the existing FY2005 Budget and Ordinance No. 2004-29, except as specifically herein amended, shall remain in full force and effect, and not be otherwise affected by the adoption of the amendatory ordinance. SECTION III: Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION IV: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION V: That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VI: The repeal of any ordinance, or parts thereof, by the enactment of the Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as affecting any rights of the municipality under any section or provision of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12th day of April, 2005. John Mondy, Mayor ATTEST: Carol Ehrlich, City Secretary EXHIBIT A-1 FY 2005 MID-YEAR BUDGET AMENDMENTS GENERAL FUND-100 Estimated Fund Balance 09/30/04 $ 4,167,960 FY2005 Original Budgted Revenues 15,142,260 FY2005 Original Budgted Approppriations (15,988,220) Mid-Year Ending Fund Balance 3,322,000 Mid-Year Budget Amendments (304,200) Estimated Ending Fund Balance $ 3,017,800 DEPARTMENT ACCOUNT NO. EXP/(REV) AMOUNT DESCRIPTION 100-4000-43420 Rev $ 4,210 Loan Star Lbrary Grant 100-4000-48410 Rev 11,400 Insurance proceeds for stolen property 100-4000-43512 Rev 84,000 Grant-Wireless broadband system 100-4000-48440 Rev 25,000 Police Homeland Security Grant 100-4000-48440 Rev 1,000 Donation to Police K-9 unit. Total Revenues $ 125,610 City Secretary 100-5113-56040 Exp $ 10,200 Part-time Temporary office help-Laser Fiche Facilities 100-5132-56040 Exp 2,000 Janitorial costs for Akin Pavilion and modular office buildings at City Hall and the Service Center. Facilities 100-5132-58910 Exp 3,900 HVAC system for Information Systems office. Cooling issues for new computer equipment. Combined Sery 100-5181-56530 Exp 15,000 Proposed personnel settlemnet Police 100-5211-58850 Exp 26,000 Equipment-Tactical team and K-9 team Fire 100-5231-58850 Exp 58,000 Purchase of two (2) Hovercrafts. Approved by City Council on 09/14/2004. Fire 100-5231-58810 Exp 84,000 Wireless broadband system Fire 100-5231-58110 Exp 170,000 Land purchase-Fire Station III Planning 100-5311-58810 Exp 700 Funds to upgrade Assistant Planner computer. Streets 100-5411-52160 Exp 16,300 Fund unexpected replacement of equipment stolen from the Service Center on December 8, 2004. Parks 100-5511-56040 Exp 3,000 Enclosure of dugouts and addition of new gates at Community Park. Parks 100-5511-56040 Exp 15,000 Security system for Akin Pavillion. Recreation 100-5521-52610 Exp 1,000 Upgrade wireless connection for the scoreboard at Founder's Park. Grant funded. Library 100-5551-52160 Exp 1,670 Display Furniture-Grant funded Library 100-5551-58150 Exp 14,500 Fourteen (14)additional parking spaces for the Library's parking lot. Library 100-5551-58850 Exp 2,540 HP Laserjet Print and cartridges-Grant funded Library 100-5551-58850 Exp 6,000 Library desensitizers Total Expenditures $ 429,810 EXHIBIT A-2 FY 2005 MID-YEAR BUDGET AMENDMENT 4B REVENUE FUND-112 Estimated Fund Balance 09/30/04 $ 642,920 FY2005 Original Budgted Revenues 906,720 FY2005 Original Budgted Approppriations (521,410) Mid-Year Ending Fund Balance 1,028,230 Mid-Year Budget Amendments (330,100) Estimated Ending Fund Balance $ 698,130 DEPARTMENT ACCOUNT NO. EXP/(REV) AMOUNT DESCRIPTION 112-4000-49320 Rev $ 6,284,000 Bond proceeds 6,284,000 4B Parks 112-5614-58110 Exp $ 6,068,000 Land purchase 4B Parks 112-5614-58150 Exp 62,700 Meadowview Estates Park installed by developer. 4B Parks 112-5000-59132 Exp 140,000 Transfer for debt service 4B Parks 112-5614-56040 Exp 84,020 Bond issuance costs 4B Parks 112-5614-58150 Exp 259,380 Participation with WISD on parking lot Total Expenses $ 6,614,100 EXHIBIT A-3 FY 2005 MID-YEAR BUDGET AMENDMENTS PARK ACQUISITION AND IMPROVEMENT FUND-121 Estimated Fund Balance 09/30/04 $ 310,580 FY2005 Original Budgted Revenues 142,500 FY2005 Original Budgted Approppriations (265,500) Mid-Year Ending Fund Balance 187,580 Mid-Year Budget Amendments 28,100 Estimated Ending Fund Balance $ 215,680 DEPARTMENT ACCOUNT NO. EXP/(REV) AMOUNT DESCRIPTION 121-4000-43514 Rev $ 150,100 Collin County Park Grant-Olde City Park Total Revenues $ 150,100 Park A& I,West 121-5621-58150 Exp $ 50,000 Construction of Sage Creek North Park bridge. Zone Funds available through Parkland Dedication Fees. Park A& I, 121-5622-58110 Exp 38,000 Funds necessary to complete improvements to Central Zone Olde City Park Collin County Grant project. Other Grant related expenditures have already been budgeted in FY2005. Park A& I, Exp 34,000 Central Zone 121-5622-58150 Same as above Total Expenses $ 122,000 EXHIBIT A-4 FY 2005 MID-YEAR BUDGET AMENDMENTS EMERGENCY COMMUNICATIONS FUND-131 Estimated Fund Balance 09/30/04 $ 233,120 FY2005 Original Budgted Revenues 862,000 FY2005 Original Budgted Approppriations (1,000,140) Mid-Year Ending Fund Balance 94,980 Mid-Year Budget Amendments (7,720) Estimated Ending Fund Balance $ 87,260 DEPARTMENT ACCOUNT NO. EXP/(REV) AMOUNT DESCRIPTION Dispatch 131-5641-58910 Exp $ 3,060 Additional costs involving the expansion of the Dispatch Center. Dispatch 131-5641-58810 Exp 4,660 Upgrade for MDC modems from prior year. Total Expenses $ 7,720 EXHIBIT A-5 FY 2005 MID-YEAR BUDGET AMENDMENTS UTILITY FUND-611 Estimated Fund Balance 09/30/04 $ 3,238,230 FY2005 Original Budgted Revenues 7,715,500 FY2005 Original Budgted Approppriations (8,956,340) Mid-Year Ending Fund Balance 1,997,390 Mid-Year Budget Amendments (42,960) Estimated Ending Fund Balance $ 1,954,430 DEPARTMENT ACCOUNT NO. EXP/(REV) AMOUNT DESCRIPTION Utlity 611-5711-56040 Exp $ 21,700 Security system for Service Center. Administration Utility Billing 611-5715-58850 Exp 21,260 Requesting three(3) Roadrunner Handhelds. Current units are obsolete and repair parts are becoming unavailable. Current units over four years old. Total Expenses $ 42,960 EXHIBIT A-6 FY 2005 MID-YEAR BUDGET AMENDMENTS FLEET FUND-711 Estimated Fund Balance 09/30/04 $ 1,060,830 FY2005 Original Budgted Revenues 366,240 FY2005 Original Budgted Approppriations (127,000) Mid-Year Ending Fund Balance 1,300,070 Mid-Year Budget Amendments (68,000) Estimated Ending Fund Balance $ 1,232,070 DEPARTMENT ACCOUNT NO. EXP/(REV) AMOUNT DESCRIPTION 711-5771-58510 Exp $ 68,000 Allocate accumulated replacement fees for purchase of cab and chassis to refurbish grass fire trucks. Total Expenses $ 68,000 EXHIBIT A-7 FY 2005 MID-YEAR BUDGET AMENDMENTS 4B DEBT SERVICE FUND 2005-313 Estimated Fund Balance 09/30/04 $ - FY2005 Original Budgted Revenues - FY2005 Original Budgted Approppriations - Mid-Year Ending Fund Balance - Mid-Year Budget Amendments 1,000 Estimated Ending Fund Balance $ 1,000 DEPARTMENT ACCOUNT NO. EXP/(REV) AMOUNT DESCRIPTION 313-4000-49132 Rev $ 140,000 Transfer from 4B Fund 313-4000-48410 Rev 19,000 Interest from bond sale Total Expenses $ 159,000 4B Debt Service 313-5000-57210 Exp $ 158,000 Interest expense from new bond sale $ 158,000 CITY OF WYLIE Item No. 6 City Secretary's Use Only COUNCIL AGENDA ITEM MEETING FOR: Regular Meeting of: April 12, 2005 Other: Department: Library Prepared By: Lynn Fagerstrom, Human Resource Mgr. Date Prepared: April 4, 2005 Exhibits: Salary Survey and Resolution AGENDA SUBJECT: Consider and act upon a Resolution creating the position of Children's Librarian, abolishing the position of Children's Programming Coordinator and providing an effective date. RECOMMENDED ACTION: Approve SUMMARY: The current Children's Programming Coordinator resigned effective January 25, 2005. Staff recommends upgrading this position to Children's Librarian. Many of the duties performed by the children's programming coordinator are professional duties. This position's duties include planning and implementing Summer Reading Club, scheduling all programming, promoting programs to schools, developing the children's collection, and performing at least two story times a week. Upgrading this position to Children's Librarian will allow for expansion of this department. Staff will be added in this department in the future to handle patron demand. Within the past year, the Library has had to add a second weekly story time because of community demand and space limitations. The Bluebonnet Room will comfortably accommodate 20 to 25 people. Storytime attendance averages approximately 50 per week. A librarian is needed to plan these programs and ensure that patron informational and developmental needs are being met. The most important task for this position is overseeing Summer Reading Club. Registrations increased by32 % last year and program attendance increased by 41%. Increases in statistics and related demands on staff will continue as the City grows. Eventually, the library will reach a maximum number for Summer Reading Club due to the space limitations. There are no financial considerations. The current salary ($19.41 an hour) will meet the salary of a beginning MLIS (Masters of Library and Information Science) position. The salary is based on the survey conducted by Human Resources. Attached are the resolution, and the survey. APPROVED BY: Initial Date Department Director: LF \ 4/4/05 City Manager: ti i \ y%AS RESOLUTION NO. 2005- A RESOLUTION OF THE CITY OF WYLIE, TEXAS, CREATING THE POSITION OF CHILDREN'S LIBRARIAN, ABOLISHING THE POSITION OF CHILDREN'S PROGRAMMING COORDINATOR AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager has found that the position of Children's Programming Coordinator needs to be upgraded to Children's Librarian and the change will be effective April 12, 2005. WHEREAS, this new position is warranted by the need of a skilled professional in this department; and WHEREAS, the newly created Children's Librarian position includes professional duties which are needed to meet public demand and to fulfill the day to day operations of this department; and WHEREAS, the Library Director has reviewed the job description of said newly created position and is satisfied with the professional duties as outlined. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF WYLIE THAT: SECTION 1. The Children's Programming Coordinator position is hereby abolished. SECTION 2. ESTABLISHMENT. 2.01 The Children's Librarian position is hereby created. 2.02 The Children's Librarian will have a pay grade of 26E. SECTION 3. This Ordinance shall become effective immediately upon adoption. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 12th day of April, 2005. JOHN MONDY, Mayor ATTEST AND CORRECTLY RECORDED: CAROLE EHRLICH, City Secretary Date of Publication in the Wylie News-April 20, 2005 Resolution No. 2005- Creation of Children's Librarian position Children's Librarian January'05 "Difference=Percent Wylie is higher/-lower than city listed. #of Range Range Actual Actual Actual Municipality Pop. Emps Minimum Max Low High Average Difference City Job Title Job Reports To Abilene 119687 6 2843 4360 3188 3623 3313 -1% Librarian II Librarian III/IV Amarillo 174727 3 2130 4199 2325 2696 2488 32% Librarian I Librarian II or III Austin 687708 21 2757 4482 - - 3342 -1% Librarian II Baytown 66430 1 3227 4840 3227 3227 3227 2% Librarian II Asst City Lib Beaumont 114000 6 - - 2898 3320 3128 5% Librarian III Library Manager Bryan 69356 7 2542 3542 2700 3048 2824 17% Librarian City Librarian Carrollton 114300 14 3021 4109 3021 3510 3223 2% Librarian 2 Various Cedar Hill 38800 2 2823 4380 2964 3603 3284 0% Librarian Library Director Cleburne 28862 1 2471 3490 2865 2865 2865 15% Associate Librarian Library Manager Corpus Christi 257453 2 2551 4433 3118 3178 3148 5% Senior Librarian Dir of Libraries Dallas 1188580 30 3379 5576 3378 4705 3750 -12% Librarian II Librarian III Denton 94450 3 3397 4531 3397 3567 3511 -6% Librarian II Librarian III Duncanville 36302 3 2635 3975 3365 3770 3604 -9% Librarian City Librarian Edinburg 55073 6 2170 2999 2170 2999 2520 31% Librarian Library Director El Paso 563622 4 2896 4227 3043 3351 3253 1% Librarian Library Brach Mgr Ennis 17450 1 2018 2522 2522 2522 2522 31% Librarian II Library Director Flower Mound 59800 4 3006 4208 3490 3718 3561 -7% Librarian Dir Library Services Fort Worth 556700 14 2635 4163 2706 3933 3012 9% Librarian Librarian Manager Frisco 73000 2 3210 4494 3210 3960 3585 -8% Librarian Library Director Garland 222650 12 2969 4692 3076 4692 3527 -7% Librarian Branch Super. Grand Prairie 137872 5 2667 4267 2942 3126 3081 7% Librarian Library Service Mgr Grapevine 46188 6 2961 4441 3210 4411 3663 -10% Librarian II Public Sery Admin Greenville 24300 2 2693 4188 2854 2883 2868 15% Librarian Library Director Haltom City 35250 2 2944 4191 2944 3137 3040 8% Librarian II Dir.of Library Sry Houston 1900000 40 2548 4437 3374 4437 3482 -5% Librarian II Librarian III Keller 31814 3 2978 4190 3513 3513 3513 -6% Librarian Library Mgr Kerrville 20425 2 2310 3500 2500 3017 2758 19% Librarian Youth Senn Library Director Laredo 197488 2 2472 4188 3463 3463 3463 -5% Librarian II Asst Library Dir League City 40000 3 2192 3068 2884 3356 3096 6% Asst Librarian Librarian Lewisville 86091 4 2979 4081 2979 3762 3243 2% Librarian Lib Supervisor Lubbock 206290 6 2316 3647 2385 3648 3184 3% Librarian I Library Director Mansfield 50657 1 2625 3619 3218 3218 3218 2% Librarian City Librarian Mesquite 131000 5 2839 3872 2839 3741 3326 -1% Librarian Lib Supervisor Pasadena 145000 4 2855 4282 3236 3458 3297 0% Librarian II Library Svcs Mgr Pflugerville 22000 2 2641 3962 3278 3408 3343 -1% Children Librarian Library Director Plano 239925 32 3176 4605 3207 4605 3855 -15% Sr Public Svcs Lib Public Sry Lib Supv Port Arthur 57755 1 2981 3695 3278 3278 3278 0% Librarian II Library Director Richardson 95995 8 3186 4067- - 3911 -16% Librarian Librarian II Round Rock 80000 4 3205 4983 3205 3482 3326 -1% Librarian II Library Manager San Antonio 1226250 46 2770 4155 - - 3102 6% Librarian 11 San Juan 26229 1 - - 2671 2671 2671 23% Librarian Parks Director Sherman 36000 2 2607 3307 - - 2860 15% Librarian Dir of Library Srvc Southlake 23500 2 3118 4316 3307 3307 3307 0% Librarian Lib.Administrator The Colony 35000 4 3000 3657 3073 3455 3242 2% Librarian Library Director Tyler 85603 1 2440 3905 2753 2753 2753 20% Access Librarian City Librarian Victoria 60603 4 2591 3733 2771 3254 2978 11% Librarian II Assistant Director Waco 114000 8 2499 3713 2782 3713 3322 -1% Librarian Librarian(400) Weatherford 22900 2 3181 4294 3351 4597 3974 -17% Librarian Dir of Library Sery Wichita Falls 104197 4 2526 3659 2858 2858 2858 15% Librarian II Library Admin CITY OF WYLIE Item No. 7 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: N/A Date Prepared: March 28, 2005 Budgeted Amount: N/A Exhibits: One AGENDA SUBJECT: Consider and act upon the ratification of the Citizen Bond Advisory Committee members and appointment of Chair and Vice-Chair. RECOMMENDED ACTION: Approve Committee members and Appoint Chair and Vice-Chair. SUMMARY: On March 22, 2005, the City Council approved the establishment of a Citizens Bond Advisory Committee and named various members. At that time, the City's Boards and Committees had not selected all of their representatives. Thus, attached hereto is the proposed entire Committee member list, which we would ask that the City Council ratify said member list. In addition, Section 1 of the adopted Ordinance establishing the Committee calls for the City Council to appoint the Chair and Vice-Chair to lead the Citizens Bond Advisory Committee. We would ask that the City Council select and name two (2) individuals for these respective positions as well. APPROVED BY: Initial Date Department Director: \ City Manager: 44de \ Slyo CITIZENS BOND ADVISORY COMMITTEE 2005 Name Board/Designee Address-Wylie Contact Number E-Mail Mike Phillips Construction Code 417 Woodhollow 972-442-5714 mphillips@cesglobal.com Grace Morrison Library 118 Glen Knoll 469-576-8079 scooter@nortelnetworks.com Daniel Chestnut Parks&Rec. 200 Picadilly Circle 972-442-1375 aggienuts@aol.com Dennis Larson Planning&Zoning 345 Donna Drive 972-442-6424 denlars@verizon.net Marvin Fuller WEDC 355 Donna Drive 214-908-5515(cell) Linda Jourdan ZBOA 423 Gaston 214-969-5454 lindaj@gucl.com Chuck Kerin Animal Advisory 707 Parker Road 972-442-6513 ckerin@verizon.net Chris Seely Mayor Mondy 1415 Quail Meadow 972-205-0505 chris.seely@adams-engineering.com James Whitlow Mayor Mondy 207 Hampstead 214-474-0748 jwhitlow@ccccd.edu Doris Craighead Mayor Pro Tem Hogue 414 Dogwood 972-442-2336 Jamie Gregg Councilman Newsom 1102 Spring Tide Drive 214-474-0039 Jim Cummings Councilwoman Allen 920 Heatherwood Drive 972-461-2772 Janet Johnson Councilman Young 702 Andersonville 972-429-0197 Geri Smith Councilman Worley 106 N.Carriage House Way 972-442-9934 Jim Griffin Councilman Trout 301 W.Kirby St.#222 317-340-1485(cell) CITY OF WYLIE Item No. 8 City Secretary's Use Only COUNCIL AGENDA ITEM Council Meeting Of: April 12, 2005 Originating Department: City Manager Prepared By: Mark B. Roath Account Code No. #: Date Prepared: April 4, 2005 Budgeted Amount: $102,000.00 Exhibits: Two AGENDA SUBJECT: Consider, and act upon, an Agreement for Legal Services between the City of Wylie, Texas and Abernathy, Roeder, Boyd and Joplin, P.C. Item tabled to the April 12,2005 Council meeting. RECOMMENDED ACTION: Approve. SUMMARY: In 1994, the City sought and the law firm of Abernathy, Roeder, Boyd and Joplin, P.C. responded to a request for legal services. At a meeting on September 27, 1994, the Firm made its presentation to the Wylie City Council, and subsequently the City Council voted to retain the Firm to serve as its City Attorney. The City approved a Retainer Agreement with the Firm on October 25, 1994 (See Letter dated October 11, 2004). With our increasing use of legal services, the City initiated negotiations to develop an Agreement for Legal Services with the Firm, which addresses the position, term, services to be performed, compensation, billing, termination, independent contractor status, and City property (See Agreement for Legal Services including Exhibit "A"). This proposed Agreement distinguishes between routine legal services and litigation services. This proposed Agreement sets forth the status of the Firm, and the attorney assigned as City Attorney, which is as an independent contractor. This proposed Agreement clarifies what is considered City property, which heretofore has not been addressed. In addition, this proposed Agreement sets forth quarterly reporting by the City Attorney to the City Council as well as sets forth certain benchmark service standards for the City Attorney, such as telephone calls shall be returned within 24 hours, telephone inquiries shall be answered within 3 business days, and written documents shall be produced within 7 business days, or within a mutually agreed upon time, etc. This proposed Agreement, if adopted, would set forth the entire understanding between the City and the Firm relating to the employment of the Firm by the City. APPROVED BY: Initial Date Department Director: \ City Manager: ,Z1&' \ ,//s/4 AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT FOR LEGAL SERVICES, hereinafter referred to as the "Agreement," is made and entered into this 12th day of April, 2005, by and between the City of Wylie, Texas, hereinafter referred to as the "City" and the firm of Abernathy, Roeder, Boyd and Joplin, P.C., hereinafter referred to as the"City Attorney"or the"Firm." Recitals A. The City is a political subdivision of the State of Texas, and maintains its principal place of operations at the 2000 Highway 78 North, Wylie, Texas, 75098. B. The Firm is a professional service corporation organized and existing under the laws of the State of Texas, and has its principal place of business and office at 1700 Redbud Boulevard, Suite 300, McKinney, Texas, 75070. C. The City sought a qualified and experienced legal counsel to represent the City and its officers and officials in matters relating to the City's official business in 1994. D. The Firm responded to the City request for said legal services. E. At a meeting on September 27, 1994, the Firm made its presentation to the Wylie City Council, and subsequently the City Council voted to retain the Firm to serve as its City Attorney. F. The City approved a Retainer Agreement with the Firm on October 25, 1994. THEREFORE, in consideration of the premises and mutual covenants expressed herein and pursuant to the employment relationship between the parties, and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, the parties agree as follows: 1. Recitals: The recitals outlined above are true and correct and are incorporated into and made a part of this Agreement. 2. Position. The City hereby employs, engages and hires the Firm to serve as and to perform the duties and responsibilities of City Attorney pursuant to the Charter of the City of Wylie and the general laws of the State of Texas. 1 3. Term. The term of this Agreement shall commence upon execution of this Agreement, and shall, at the pleasure of the City Council, continue in effect unless terminated by either party by giving ninety (90) days written notice. 4. Services to be Performed. A. General. The Firm shall serve as the City Attorney who shall act as legal advisor to, and Attorney and counselor for, the City and all of its officers in matters relating to their official duties. All of the resources of Abernathy, Roeder, Boyd and Joplin, P.C., law firm will be available to support that role. Specifically, the City Attorney will have the assistance, when necessary, of other members of the firm, secretarial staff, paralegals, law research and word processing equipment. It is expected that the City Attorney will provide such duties required pursuant to the Charter of the City of Wylie and the general laws of the State of Texas. B. Routine Legal Services: The routine legal services to be provided on a recurring basis shall include the following: 1. Preparation for and attendance at all regular, special meetings or work sessions of the City Council when requested by the City Council or City Manager. 3. Preparation for and attendance at any City Committee, Board, or other meeting when requested by the City Council or City Manager. 4. Consultation with the City Council members, City Manager, or City Secretary regarding the Council agenda or other City matters. 5. Consultation with staff of various departments and divisions of the City on matters affecting their operations. 6. Draft or review of all ordinances and resolutions of the City. 7. Draft or review of all contracts, leases, franchises, agreements and documents of a strategic or operational nature involving the City. 8. Review of all claims made against the City to determine potential liability and to advise appropriate officials of the City as to the proper method for the disposition thereof. 9. The rendering of advice concerning the potential claims of the City against other persons or entities. 2 10. Draft or review of all proposed code amendments. 11. Coordinate and oversee research and legal functions even when associated with outside counsel and provide liaison from the City to outside counsel, including approving billing negotiations and fees. 12. Conduct internal workshops as requested. 13. Render personnel advice. 14. The City Attorney shall advise the City Council as to its compliance or noncompliance with the provisions of the Charter of the City of Wylie and Texas Statutes. 15. The City Attorney shall provide quarterly reports due the 15th day of January, April, July and October. Each report shall include the previous three months of activities. C. Litigation Legal Services. The "Litigation Legal Services" which are to be provided by the Firm to the City include, but are not limited to: a. Serving as counsel for the City in any and all legal actions, including, but not limited to, civil lawsuits, administrative hearings, mediation or arbitration proceedings in which the City is a party or in which it has an interest; b. Serving as counsel for the City in the appeal of any legal action in which the City is a party or in which it has an interest; c. Acting as counsel for the City in any employee grievance proceedings; d. Serving as counsel for the City in any administrative proceedings; e. Investigating and responding to charges filed against the City with the EEOC; f. Investigating complaints of employment discrimination against the City; g. Representing the City in eminent domain proceedings, including negotiations, mediation and arbitration. h. Representing the City in condemnation proceedings. D. Request for Information or Advice. The City Attorney shall answer all City initiated requests for information or advice in a timely fashion. Generally, 3 telephone calls shall be returned within 24 hours, telephone inquiries shall be answered within 3 business days, and written documents shall be produced within 7 business days, or within a mutually agreed upon time frame. The City Attorney shall use his best efforts to review routine items within 5 business days, more difficult and lengthy review shall be accomplished within a mutually agreed upon time frame. 5. Compensation. The City shall pay the Firm the following compensation for the various types of legal services provided by the Firm: a. Routine Legal Services at an annual retainer of $102,000.00 to be paid in four equal installments, by March 31, June 30, September 30, and December 31. The amount of the annual retainer set forth in this Agreement may be reviewed and renegotiated, at the City's or City Attorney's discretion, in June of each year this Agreement is in effect; provided, that any change in amount will not take effect until October 1 of said year. b. Litigation Services at the rate of $200.00 per hour for partners, $185.00 per hour for associates, and $75.00 per hour for legal assistants. c. The City acknowledges that the City Attorney may incur various expenses in providing services to the City and agrees to reimburse City Attorney for such out of pocket expenses whether for routine or litigation services. The Firm will bill the City on a monthly basis. Such costs and expenses include, but are not limited to, charges for serving and filing papers, documents, depositions, transcripts, investigations, appraisals, witnesses, long distance telephone calls, copying materials, computer assisted legal research, travel expenses, and postage. Extraordinary items, such as expert witness fees, travel expenses or expenses above Five Hundred Dollars ($500.00)will be authorized by the City before the charge is incurred. Attached as Exhibit "A" are the costs of some of these expenses and fees. 6. Billing. The Firm will submit an itemized statement to the City for each month for Litigation Services and Expenses and payment shall be due upon receipt. The statement for March 1, June 1, September 1 and December 1 shall include one quarter of the annual retainer and shall be due by the end of each month. 4 7. Controlling Law. This Agreement and the validity, execution, construction, interpretation, performance and enforcement thereof shall be governed by the substantive and procedural laws of the State of Texas. 8. Termination. This Agreement may be terminated by a majority vote of the entire City Council by giving the Firm ninety (90) days written notice; the parties may terminate it by mutual consent; and the Firm may void it by giving the City ninety (90) days written notice. 9. Independent Contractor. It is agreed that the City Attorney is an independent contractor, and all persons working for or under the direction of the City Attorney, are agent's, servants and employees of the Firm, and said persons shall not be deemed agents, servants or employees of the City. 10. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. 11. Integration. The Agreement sets forth and establishes the entire understanding between the City and the Firm relating to the employment of the Firm by the City. Any prior discussions or representations by or between the parties are merged into and rendered null and void by the Agreement. No amendment or modification of this Agreement shall be valid or effective unless it is in writing and properly executed by all parties thereto. 12. Notice. Any notice required or permitted under this Agreement shall be sent by certified mail to (a) the City at its principal place of operations and (b) to the Firm at its principal place of business and office. 13. Annual Evaluation. The City Council shall have the right to conduct an annual evaluation of the performance of the City Attorney. 5 14. City Property. The Firm agrees that all files, documents, correspondence, notes, reports, data, specifications, drawings and other material prepared by or furnished to the City Attorney in connection with this Agreement hereunder shall be and remain the exclusive property of the City. Said property of the City of Wylie shall be turned over promptly upon request after resolution of all compensation issues. IN WITNESS WHEREOF, the parties executed this Agreement in Collin County, Texas this 12th day of April, 2005. CITY OF WYLIE, TEXAS John Mondy, Mayor ATTEST: By: Carole Ehrlich, City Secretary ABERNATHY, ROEDER, BOYD&JOPLIN, P.C. Richard Abernathy 6 EXHIBIT "A" TO AGREEMENT FOR LEGAL SERVICES LIST OF COSTS Long Distance Telephone Calls (per call) $ 2.00 Copies (per page) $ 0.25 Faxes (per page sent) $ 2.00 In-House Courier (Dallas and surrounding cities) $35.00 In-House Courier (local) $10.00 Postage Going Rate as Directed by the U.S. Postal Service Courier Mileage (per mile) $ 0.32 7 Law Offices of ABERNATHY, ROEDER, ROBERTSON&JOPLIN J.E.Abernathy A Professional Corporation 214/542-2661 Richard M.Abernathy' 101 East Davis Street Dallas 562-9003 Larry R.Boyd P.O. Box 1210 FAX Joe M.Joplin° McKinney, Texas 75069-1210 214/562-0202 Rick Robertson` Robert H. Roeder° D.Kay Woods •Board Certified -Family Law Board Certified-Civil Trial Law Texas Board of Legal Specialization Texas Board of Legal Specialization °Qualified Mediator October 11, 1994 Mr. Steve Norwood City Manager P.O. Box 428 Wylie, Texas 75098 RE: Abernathy, Roeder, Robertson & Joplin, P.C. 's representation of the City of Wylie, Texas Dear Mr. Norwood: This firm appreciates the opportunity to represent the City of Wylie, Texas in its legal matters. This Retainer Agreement sets forth the agreement between Abernathy, Roeder, Robertson & Joplin, a Professional Corporation, and the City of Wylie, Texas in any legal matter it deems appropriate. Our fee is based upon the amount of time we devote to matters referred to us. It is impossible to determine in advance the amount of time necessary to complete any assigned matter. It may be necessary to have other professionals in this office perform services on your behalf other than the specific attorney you have retained. We will use our best judgment to determine the most economical use of our attorneys and staff personnel. Billed time includes all time spent on any matters assigned including conferences, telephone calls, investigation, drafting of documents, correspondence, negotiations, legal research, and travel to and from locations away from our office. We charge for telephone time because many times anattorney can accomplish as much in your behalf by telephone as in a face-to-face meeting with you or others. The use of the telephone saves your personal time and that of your attorney and results in a lower cost to you. Any figures we quote you for the total cost of our services are merely estimates. Others may engage in activities beyond our Mr. Steve Norwood October 11, 1994 Page 2 control requiring us to expend additional time not originally contemplated. You will receive itemized bills which will be sent on a regular periodic basis based upon hourly rates presently ranging as follows: 1. Richard M. Abernathy, attorney $150. 00 2 . Robert H. Roeder, attorney $150. 00 3 . Larry R. Boyd, attorney $150. 00 4 . Joe M. Joplin, attorney $150. 00 5. Kay Woods, attorney $110. 00 6. Heidi Ernsberger, legal assistant $ 50. 00 7 . Sharon Starnes, legal assistant $ 50. 00 8 . Linda Williams, legal assistant $ 50. 00 9 . Wendy Hill, legal assistant $ 50. 00 Time is billed in units of one-tenth hour each. From time to time our firm is required to adjust its hourly rates to more accurately reflect changing economic circumstances. If this occurs, you will be notified. In addition, you will be responsible for all costs which we may incur on your behalf. These costs include, but are not limited to, copy and telephone expenses. The periodic bill which we will mail, usually monthly, itemizes the time and costs charged to your account for that period. If you have any questions regarding the statement, you should feel free to contact Mrs. Becky Wood or Mr. Charley Wysong in our billing department. All balances on your account are due upon receipt. If you do not timely pay your account we have the right, at our discretion, to withdraw from representing the City. We also have the right, at our discretion, to withdraw from representation if you have misrepresented or failed to disclose material facts to us, if you fail to follow our advice or if for any reason our relationship becomes unworkable. Likewise, you may discharge us at any time for any reason. You will be responsible for any fee and cost incurred prior to our withdrawal or discharge, including time and costs expended to turn over the file(s) and other information to you or substitute counsel. We may require you at our discretion to pay an additional retainer(s) or provide other security for our fee. This Agreement contains all of the terms of our financial arrangement with you and can only be modified by a written document signed by all parties except for any hourly rate adjustment as set out above. Mr. Steve Norwood October 10, 1994 Page 3 SIGNED this '" day of 1994 . THE CITY OF WYLIE, TEXAS ABERNATHY, ROEDER, ROBER ON & JO LIN, P.C. By: Its: RI HARD M. ABERNATHY, for the Corporation