The URL can be used to link to this page

02-22-2000 (City Council) Agenda Packet NOTICE OF MEETING Wylie City Council Agenda Tuesday, February 22, 2000 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North Wylie,Texas 75098 Item No. Agenda Item Action Taken Call to Order Invocation'& Pledge of Allegiance Proclamations & Presentations +Recognition of Firefighter Brent Kemp as VFW Fireman of the Year for 1999-2000. +Recognition of Teachers of the Year Nominees +Proclamation of"Texas Public Schools Week"March 6-10,2000. +Proclamation of March as Red Cross Month +Presentation by Mr. Greg Huckaby,TXU Electric Company Citizens Participation Consent Agenda All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired,that item will be removed from the consent agenda and will be considered separately. A. Approval of the Minutes from the Regular Meetings of January 25,2000 and February 8, 2000 and February 1,2000 Worksession. ITEMS FOR INDIVIDUAL CONSIDERATION 1 Consider and act upon approval of a request from TXU Electric to accept the Tariff Filing pursuant to Substantive Rule 25.241,with revisions effective March 1,2000. Elections 2. Consider and Act upon official acceptance of the resignation of Mr. Jim Swartz,Council Place 3. 3. Consider and act upon approval of a Resolution ordering a Special Election for the purpose of filing the Place 3 vacancy, to be held in conjunction with the May 6, 2000 General Municipal Election. Public Hearings 4. Hold a public hearing to consider and act upon a request from Cascade Companies. L.L.C.,for approval of a zone change from MF (Multi-Family); and B-1 (Business) to PD (Planned Development)for a master planned single family neighborhood for the property generally located along the east side of FM 1378 just north of the Newport Harbor Development and being all of a certain 50.576 acre tract out of the James McUhnury Survey, Abstract No. 629, and the WM. Burnett Survey,Abstract No. 56,City of Wylie,Collin County,Texas. ZC99-14 NOTICE OF MEETING rit Wylie City Council Agenda Page of Item No. Agenda Item Action Taken 5. Hold a public hearing and act upon a final plat for the Rush Creek Estates Phase II,3rd Revision Addition, proposed by Jackson & Associates Land Surveyors, Incorporated for the property generally located along the north side of Rush Creek Drive between John Akin and Pine Ridge,and being all of a Lots 14 and 15,Block A,of the Rush Creek Estates Phase II,City of Wylie,Collin County,Texas. Final Plat 6. Consider and act upon a Final Plat for the Phase II of the Lakeside Estates Addition,proposed by Carter & Burgess for the property generally located at the northeast corner of FM544 and Springwell Parkway along the north side of the railroad,and being all of a certain 28.770 acre tract out of the Moses Sparks Survey,Abstract No. 849,City of Wylie,Collin County,Texas. Final Payments 7. Consider and act upon final acceptance of the construction 30"sewer relocation,and authorize fmal payment to Mid-Continent Excavation in the amount of$37,426.30 and accept the project as complete. 8. Consider and act upon fmal payment to Randall&Blake Inc.,in the amount of$33,320.35 for the completion of Phase I of Founder's Park. Contracts&Bids 9. Consider and act upon authorizing the City Manager to enter into a contract with R.J.Enterprise for the operation of the concession stand at Community Park. 10. Consider and act upon revised architectural plans for an animal shelter facility and the solicitation of bids for construction. Work Session ♦Proposed Animal Shelter ♦ 1999 Bond Program-Capital Projects Update Adjournment. In addition to 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. Specific sections of the Open Meetings Act will be identified and announced should Council elect to convene into Executive Session. I certify that this Notice of Meeting was posted on this the day of ,2000 at 5:00 p.m.as required by law in accordance with Section 551.042 of the Texas Government Code and appropriate news media contacted. City Secretary Date Notice Removed The Wylie Municipal Complexis 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 TDD 972/442-8170. MINUTES Wylie City Council Tuesday, January 25, 2000 - 7:00 p.m. Wylie Municipal Complex-Council Chambers 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Meeting to order, Tuesday, January 25, 2000 at 7:00 p.m. with the following Council members present: Joel Scott,Reta Allen,Jim Swartz,J.C. Worley, Merrill Young and Chris Trout. Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,Finance Director; Tobin Maples,Planning Director and Barbara Salinas,City Secretary. Invocation Councilman Scott was asked to give the Invocation. Pledge of Allegiance The Pledge of Allegiance was lead by Boy Scout Troop 442. Proclamations & Presentations Presentation by BFI Mr.Don Smith,Plant Manager for BFI,4200 East 14th Street,Plano, and Ms. Sally Magnuson,Marketing,were present to provide Council with an update. Mr. Smith advised that BFI has merged with Allied Waste Services (Trinity Waste Services)as of last summer and offered recommendations specific to recycling programs in Wylie. Mr. Smith stated that BFI is looking forward to developing a relationship with the City of Wylie and would appreciate feedback from the City. The Mayor thanked Mr. Smith and Ms.Magnuson and advised that with the current contract up for renewal,the city plans to hold public hearings to allow citizen input on the type of services needed in the community. Citizens Participation Consent Agenda A. Consider and act upon approval of the Minutes from the Regular Meeting of January 11,2000. B. Consider and act upon approval of a Resolution Supporting the Dallas Bid 2012 Bid Committee. Councilman Worley asked to remove Item B from the Consent Agenda for discussion. Councilman Scott made a motion to approve Consent Item A. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. Wylie City Council Minutes January 25,2000 Page 1 B. Consider and act upon approval of a Resolution Supporting the Dallas Bid 2012 Bid Committee. Councilman Worley expressed his concerns regarding the benefit this would provide to the Community should Dallas be successful in securing the 2012 Olympics. The Mayor stated that his experience with the Olympics in Atlanta and surrounding communities was that roads were funded and projects approved,providing a great benefit to the community. Councilman Trout made a motion to approve the Resolution Supporting the Dallas Bid 2012 Bid Committee. Councilman Scott seconded the motion. A vote was taken and the motion passed,5-2. Councilman Worley and Councilman Young voted in opposition. ITEMS FOR INDIVIDUAL CONSIDERATION The Mayor moved to Item No. 4 on the Agenda. Public Hearings-ZC99-10&99-14. 4. Hold a public hearing to Consider and Act Upon consider a request from Tipton Engineering, Inc., for approval of a zone change from A(Agricultural)to PD (Planned Development) for a master planned single family neighborhood for the property generally located along the south side of McMillen road and east of the Southfork Mobil Home Development and being all of a certain 50.7752 acre tract out of the John W.Mitchell Survey,Abstract No.589,City of Wylie, Collin County,Texas. ZC99-10 Mr. Tobin Maples,Planning Director provided a brief history of the case. Mr. Maples provided Council with a copy of a written request from the applicant to withdraw from Council consideration on this agenda. The Mayor opened the Public Hearing and asked that anyone wishing to speak in favor or opposition of the request to come forward and state their name and address for the record. With no response the Mayor then closed the Public Hearing. Councilman Scott made a motion to allow the applicant to withdraw his request. Councilman Swartz seconded the motion. A vote was taken and the motion passed,7-0 5. Hold a public hearing to consider and act upon a request from Cascade Companies.LL.C.,for approval of a zone change from MF(Multi-Family);and B-1 (Business)to PD(Planned Development)for a master planned single family neighborhood for the property generally located along the east side of FM 1378 just north of the Newport Harbor Development and being all of a certain 50.576 acre tract out of the James McUlmury Survey,Abstract No.629,and the WM.Burnett Survey,Abstract No.56,City of Wylie,Collin County,Texas. ZC99-14. Mr. Tobin Maples, Planning Director, provided Council with a brief history of the case. He advised that Staff s recommendation is to approve,however, due to an inadvertent notification error, the case will have to be readvertised accordingly before Council may take formal action. As a result,staff recommends that Council conduct the Public Hearing and inform the audience that the formal vote cannot be conducted at this time,but after readvertisement it will be considered at the February 8,2000 City Council Meeting. Mr.Maples advised that the applicant is aware of the situation. The Mayor opened the Public Hearing and asked that anyone wishing to speak in favor or opposition of the request to come forward and state their name and address for the record. Wylie City Council Minutes January 25,2000 Page 2 Mr.Richard Hawkins. Mr.Hawkins stated that his property backs up to the property in question and that he has never been notified as to the intent of the property. He stated that he understood the City plans to put in a drainage ditch and needs clarification. He stated that he currently experiences drainage overflow problems. The Mayor advised Mr. Hawkins that this process is only for zone change and the design will be addressed during the platting process. He instructed Mr. Maples to provide a contact number for Mr.Hawkins to the City Engineer so that he may help clarify plans for said property. With no further response the Mayor then closed the Public Hearing. Councilman Scott made a motion to return the request to the Planning&Zoning Commission for review at the next regular meeting of February 1,2000 to come before Council for formal action on February 8,2000. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. Preliminary Plat/Site Plan&Final Plat-Martinez Addition 6. Consider and Act Upon a Preliminary Plat/Site Plan for Phase III of the Martinez Addition,proposed by Jackson&Associates Land Surveyors for the property generally located at the southeast corner of SH 78 and Kirby between the Exxon station and Mardi Gras Lane,and being all of a certain 2.6419 acre tract out of the E.C.Davidson Survey,Abstract No.267,City of Wylie,Collin County,Texas. Mr. Tobin Maples addressed this item. Mr.Maples provided a brief history of the case stating that the applicant is filing this site plan/preliminary plat in order to develop Lot 6 of the property with a business use,specifically a dry cleaners and donut shop. Mr. Maples advised that at the January 18, 2000 meeting of the Planning and Zoning Commission, the Commission voted unanimously to favorably recommend this case, and that the Public Works, Fire and Community Development Departments concur with this recommendation. , There was some discussion with regard to ingress and egress and any traffic problems this might create. Mr. Maples explained what is proposed,adding that control regarding median design is with the State. Councilman Swartz made a motion to approve the Preliminary Plat/Site Plan for Phase III of the Martinez Addition,proposed by Jackson&Associates Land Surveyors for the property generally located at the southeast corner of SH 78 and Kirby between the Exxon station and Mardi Gras Lane,and being all of a certain 2.6419 acre tract out of the E.C.Davidson Survey, Abstract No. 267,City of Wylie,Collin County,Texas. Councilman Worley seconded the motion. A vote was taken and the motion passed,7-0. 7. Consider and Act Upon a Final Plat for Phase III of the Martinez Addition,proposed by Jackson & Associates Land Surveyors for the property generally located at the southeast corner of SH 78 and Kirby between the Exxon station and Mardi Gras Lane,and being all of a certain 2.6419 acre tract out of the E.C.Davidson Survey,Abstract No.267,City of Wylie,Collin County,Texas. Mr.Tobin Maples addressed this item. Mr.Maples stated that this is the final plat for the previous item and that staff recommends approval. Councilman Scott made a motion to approve the Final Plat for Phase III of the Martinez Addition,proposed by Jackson & Associates Land Surveyors for the property generally located at the southeast corner of SH 78 and Kirby between the Exxon station and Mardi Gras Lane,and being all of a certain 2.6419 acre tract out of the E.C.Davidson Survey,Abstract No.267,City of Wylie,Collin County,Texas. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. The Mayor moved to Item 1 on the agenda. Wylie City Council Minutes January 25,2000 Page 3 Contracts,Bids &Agreements 1. Consider and act upon approval of a professional services contract for F.Mason and Associates, a library consulting firm,not to exceed$18,000. Ms.Mignon Morse,Library Director,addressed this item. Ms. Morse stated that she felt that due to the growth rate and increased demands for services,the city needed to direct funds to planning for the future of the library, which she feels will be necessary within two to four years. Ms. Morse stated that currently they have no space for additional shelving,computer workstations or seating. The Request for Proposals submitted to five consulting firms in November of 1999 requested a long range plan addressing Building and Space Needs, Operational Assessment and Programming. Ms. Morse provided a brief background of the firm,F.Mason and Associates. Ms. Morse stated that the library was allocated $20,000 from 4B funds to purchase computers, books, and provide training. She stated that staff is recommending that$18,000 of the funds be used to hire a professional consultant to write a long range plan with remaining funds used to purchase library materials. Council raised concerns regarding the material that will not be purchased and how the consultant was located. Ms. Morse stated that due to the shortage for expansion,there is no room for additional equipment and future needs should be addressed. She advised council that she learned of the firm,F. Mason and Associates, through library affiliations. Councilman Worley stated that he would like to have a work session prior to taking any action of this request. He stated that he does not see this as a priority and that the city has needs other than the library. Councilman Worley made a motion to deny the request. Before a second,Councilman Worley amended his motion to table the request until time that a work session could be held with the Library Board. Councilman Swartz seconded the motion. A vote was taken and the motion passed,7-0. Executive Session The Mayor then convened into Executive Session at 7:45 p.m., in accordance with Chapter 551, Government Code,Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.SS.071 -Consultation with Attorney; pending or contemplated litigation,Bruner vs The City of Wylie. Reconvene into Open Meeting The Mayor then reconvened into Open Meeting at 9:55 p.m. and stated that there would be no action taken as a result of Executive Session. The Mayor then moved to Item 2 on the Agenda. 2. Consider and act upon the approval of a Supplemental Agreement between the City of Wylie and Kansas City Southern Railway Company regarding clean up of un-permitted landfill at former Service Center Site. Mr.Mike Collins,City Manager provided a brief background on the necessity of this supplement to the original Agreement with the Kansas City Southern Railway Company. Councilman Scott made a motion to approve the supplemental agreement,subject to modifications given to the City Manager,between the City of Wylie and Kansas City Southern Railway Company regarding clean up of un- permitted landfill at former Service Center Site. Councilman Swartz seconded the motion. A vote was taken and the motion passed, 7-0. Wylie City Council Minutes January 25,2000 Page 4 3. Consider and act upon the award of a contract for construction of a new animal shelter and municipal warehouse facility. Police Chief Jeff Butters, Mr. Ed Rawls of the architectural firm of Rawls and Jones,901 N McDonald, Suite 200, McKinney, Texas, and Mr. Vincent Gallagher, Representative of Gibbs Construction, were present to provide the Council with information on the bid results and cost projections. Mr. Rawls provided Council with a brief explanation of the modifications and bidding process that have contributed to the difference from the original cost estimates provided at the October 26, 1999 Work session. Mr. Rawls stated that only one bid was received in the bidding process. Mr.Rawls provided Council with a brief history of the placement of the proposed Animal Shelter(in front of the existing Service Center)citing costs associated with leveling the area and the slab to accommodate the existing metal frame structure. He cited areas of cost reduction as,site work,concrete, spec items within the building,wall reduction within kennel area and rearrangement of proposed walls to accommodate footage and limiting the number of cages. Mr. Rawls was then available for questions from Council. Council asked how many years this would accommodate our growing community. It was estimated at twenty years. Councilman Worley had concerns regarding the development of building specifications and asked to see the plans and specifications prior to the next regular meeting. There was further discussion regarding areas that are driving the costs. Mr. Vincent Gallagher explained that the masonry and labor costs for masons contribute to the costs as well as the size of the project. Mr. Rawls suggested a metal siding,total concrete tilt wall or concrete brick as alternative. Councilman Swartz questioned the location of the proposed animal shelter,in front of the Service Center. Mr. Collins, City Manager,explained that the Master Plan for the development of the service center was related to the proximity of the High School with regard to access and parking. Mr. Rawls stated that sewer would be an issue if proposed shelter is relocated behind the Center as the land is flat. He also stated that his instructions were to use the site in front of the existing center to design a small building. Council inquired as to the use of the metal frame and if forcing the use was creating an issue. Mr. Gallagher stated that associated costs were due in part to special needs and requirements for the Animal Shelter, as opposed to the construction of the Fire Department's Station 2. He concluded that a determination needed to be made as to how much building the city wanted to buy and whether to spend money now to invest in a twenty year facility. Councilman Worley asked again to have the opportunity to review the plans before making a decision. Councilman Swartz then made a motion to table Item No. 3 until a work session could be scheduled to further discuss the proposed building design and possible alternatives. Councilman Worley seconded the motion. Before a vote could be called,Mr.Rawls stated that his firm would not compromise the integrity of the structure, but would explore all cost possibilities. Mr. Collins stated that perhaps Council needed to discuss with staff general policy direction with regard to future needs verses basic services. A vote was then called on the Councilman Swartz's motion to table Item 3. The motion passed, 7-0. The Mayor then moved to Item No. 8. Wylie City Council Minutes January 25,2000 Page 5 Appointments 8. Appointment of Representatives to the Exploratory Committee for the Development of a Recreation/Civic Center. After some discussion,Council recommended Councilman Trout and Cecilia Wood to serve on this Committee. There was some concern regarding Ms. Wood's ability to serve due to scheduling conflicts. Councilman Scott made a motion to Table Item 8 until the next regular meeting of February 8,2000. Councilman Swartz seconded the motion. A vote was taken and the motion passed, 7-0. Final Payment 9. Consider and act upon approval of final payment to Randall&Blake,Inc.In the amount of$33,320.35 for completion of Phase I of Founders Park. This item was tabled at the January 11, 2000 regular meeting. Staff has recommended to table this item indefinitely. Councilman Scott made a motion to table Item 9 indefinitely. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. Staff Reports Councilman Worley made the following notations and requests: 1)missing attachments listed on agenda items 2)provided a draft of the minutes from the Planning&Zoning Commission actions,specifically on denials prior to Council consideration,3)Code enforcement on Saturdays to address"cars for sale"on private/vacant property as well as the placement of signs advertising products for sale; 4) entry way clean up with regard to mowing and picking up trash, what plans have been made for summertime. Councilman Trout asked staff to clarify the monthly reporting with regard to statistics. Councilman Trout agreed to provide staff with a marked up copy of his last report indicating areas of clarification. Councilman Scott expressed his appreciation for staff providing Council with future agenda items list(pending agenda list) and complimented Ms. Donna Nettles, Administrative Secretary to the City Manager, for her organization and follow up with complaints. Work Session ♦ Presentation by Mr. Brady Snellgrove,Finance Director and Ms. Mignon Morse, Library Director regarding Technology,Internet,and Fiber Optics. The Scheduled Work Session was postponed for a future agenda. Adjournment. With no further business,the meeting was adjourned. John Mondy,Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes January 25,2000 Page 6 MINUTES Wylie City Council Tuesday, February 1, 2000 - 7:00 p.m. Wylie Municipal Complex-Staff Conference Room 2000 State Highway 78 North,Wylie Texas Call to Order- 7:00 pan. Mayor Mondy called the City Council Work Session to order,Tuesday,February 1,2000 at 7:00 p.m.with the following Council members present: Joel Scott,Reta Allen,Jim Swartz,J.C. Worley and Merrill Young. Councilman Trout had notified Council that he would be late and did join the meeting in progress. Staff members present were:Mike Collins,City Manager;Mindy Manson,Assistant City Manager;Police Chief Jeff Butters, Sam Satterwhite,Executive Director of the Wylie Economic Development Corporation and Barbara Salinas,City Secretary. Also present were,Mr. Ed Rawls,Rawls, Jones Architects;Mr. Vincent Gallagher, Gibbs Construction, and Mr. Tony Gibbs,Owner,Gibbs Construction. Work Session + Design Related Issues Concerning the Proposed Animal Shelter. Councilman Worley expressed his concerns regarding the design and costs for the proposed animal shelter. He asked if the metal building was integrated with the specifications,as it could effect the bid. City Manager,Mike Collins stated that the firm was contacted and advised of the metal structure which should have been included. Mr.Rawls,Architect,advised that this was previously discussed during a work session with Council,but stated that his firm did not receive plans for the structure until December. He stated that they had three meetings with staff,including Terry Jackson,Animal Control Officer to develop specifications. Mr. Rawls stated that there was some concept work done on a joint use facility with the Wylie Independent School District. With regard to specifications,there was some consideration given to interior walls and the need to make them washable. Councilwoman Allen asked about the budget given to work with. Mr. Rawls stated that Mr. Holcomb stated $140,000 - $150,000 was available, adding that they too,were surprises at the difference in cost and suggested starting from scratch and rebidding the project. Another alternative discussed was to not use the metal frame and construct an inexpensive box structure. Councilman Worley asked why the site changed from the original plan putting the Shelter in front of the existing Service Center. Mr.Rawls cited one reason as the parking lot on the west side and relocation of gravel and sand storage to create a bather for the animal runs. Also cited was the issue with sewage. If the Shelter is relocated behind the existing structure, a lift station would be required due to the flat land. Councilman Worley listed several cost issues. 1)termite control in soil calculated at.14 cents a foot or$400,2)interior cabinets are laminate,why not steel;3)shower in building-could utilize shower area in Service Center;4)exterior doors, why are they not metal and why sliding patio doors;5)why additional chain link fence,outside area fenced. The drawings were then available for Council to view. Chief Butters addressed the chain link fence,stating that it is to secure the animals and provide an open area for the animals. Councilman Worley continued raising concerns regarding the use of solid wood interior doors rather than hollow and concerns regarding the number of drains. Councilman Worley stated that the State does not require a specific number and that while it is necessary, we do not need as many as shown. Mr. Vincent Gallagher, contractor, stated that only the quarantined areas were required to have separate drains. Wylie City Council Minutes February 1,2000 Page 1 Mr.Rawls and Mr.Gallagher explained the revisions to the plans and specifications that Councilman Worley had reviewed. They explained that there was$80,000 difference bringing the cost to$309,000. Discussion continued as to alternatives to reduce costs,including using metal siding and use a brick or masonry front. When Mr.Rawls suggested not using the metal frame,it was the consensus of the Council that they wished to use the metal frame. Mr.Rawls stated that using the metal frame(3,600')calculated costs of$85 per square foot. He stated that Mr.Holcomb's direction was to use the original steel frame(1,200')and when staff wanted more,the square footage increased(2,400'). The Mayor stated that using the existing frame is what drives the size of the building. Mr.Rawls stated that we could either use the existing structure and build 1,200 feet but use the whole structure,or start over with a different building. Alternatives suggested by Mr.Rawls were to use entire frame bu only build 1,200 feet. Councilman Swartz had concerns regarding handicapped parking at the Service Center. Mr. Collins stated that there was adequate handicapped parking and that signage would be addressed. The Mayor thanked Mr.Rawls,Mr. Gallagher and Mr. Gibbs for attending the meeting and advised that they would be in contact with regard to the project. The Mayor then called for a five minute recess after which Council reconvened into Work Session. Councilman Worley offered to draft sketch of a proposed animal shelter for Councils consideration and review. It was determined that the architect would have to develop the plans with Councils suggestions and recommendations,therefore it was not necessary for Councilman Worley to provided a sketch. Sam Satterwhite, Director of Economic Development, expressed his concerns regarding any departure from quality construction,specific to this area. There was some discussion regarding an inventory of materials purchased by the City of Wylie. Councilman Worley stated that he was aware of sheetrock that is not accounted for and that we need to visit with Mr.Keene to follow up. Mr.Collins stated that he understood what Council's concerns were with regard to the shelter and he will convey this to the architect with direction to work within the budget of$150,000. ♦ Insurance Services Office(ISO)Update Mr.Collins stated that he placed a call to the Fire Marshall's office on Monday and the Fire Chief has visited with the Fire Marshall and found conflicting information. Mr. Collins stated that a meeting is scheduled with the Fire Marshall and ISO representative on Thursday to discuss any inconsistencies. This information will be provided in Council's packet for Tuesday. Councilman Swartz questioned the fire hydrant situation and asked what has been addressed. Mr. Collins stated that at this point,they are still investigating and that a major issue is determining when the audit is performed and length of completion time in order to receive credit. Mr.Collins also stated that verification through local insurance agents shows a different picture with regard to savings,as they have estimated a 10%range. Councilman Worley stated that he faxed a draft of a letter that was to be sent to citizens regarding the upcoming ISO rating to our city attorney for his review and provided Council with the city attorney's written response. The Mayor also cited an article in a recent issue of TML magazine that the attorney general addresses `unfair taxation'with regard to the collection of fees. Mr. Collins stated that the emphasis of importance of the ISO rating must be placed on safety. He concluded that he would have more information on Tuesday after meeting with the Fire Chief and Fire Marshall. Mr.Collins clarified that the Fire Marshall is for the Dallas region and he is the person who actually conducts the audits. Executive Session 8:57;p.m. The Mayor then convened into Executive Session in accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.074-Personnel Matters;to deliberate the appointment,employment, evaluation,reassignment,duties,discipline,or dismissal of a public officer or employee;or to hear a complaint or charge against an officer or employee. Wylie City Council Minutes February 1,2000 Page 2 Reconvene into Open Meeting- 8:57 p.m. With no discussion,there was no action taken as a result of Executive Session. Adjourn With no further business,the meeting was adjourned at 9:00 p.m. John Mondy,Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes February 1,2000 Page 3 MINUTES Wylie City Council Tuesday, February 8, 2000 - 7:00 p.m. Wylie Municipal Complex-Staff Conference Room 2000 State Highway 78 North,Wylie Texas Call to Order Mayor Mondy called the City Council Work Session to order,Tuesday„2000 at 7:00 p.m. with the following Council members present: Joel Scott,Reta Allen,Jim Swartz,J.C. Worley, Merrill Young. Councilman Chris Trout was absent. Staff members present were: Mike Collins, City Manager; Mindy Manson, Assistant City Manager; Brady Snellgrove,Finance Director; Tobin Maples,Planning Director and Barbara Salinas,City Secretary. Invocation Reverend Kirk Taylor of the First Baptist Church in Murphy was present to give the invocation. Pledge of Allegiance Councilman Worley was asked to lead the Pledge of Allegiance. Proclamations & Presentations +Mayor Monday read the Proclamation declaring February 14-18 as "Hearts of Kindness"Week in conjunction with the Wylie Independent School District Character Education Program. Ms. Betty Stephens and representatives from WISD campuses were present to accept and present special Hearts of Kindness to members of Council and Staff. These representatives were selected for their display of Character traits studied this grading period. Students present were D.J. Nelson of Akin Elementary,Chance Dyson of Birmingham Elementary,Soobin Martinez of Dodd Elementary,Cassie Davis of the Wylie High School,Aaron Long of the Wylie High School,Jason Holder of the Wylie Intermediate School,Kelly Moore of the Wylie Intermediate School and Amanda Peacock of the Wylie Intermediate School. Ms.Katherine Jacks of Hartman Elementary was unable to attend. + Presentation by Ms.Amy Warner,Historic Preservation Consultant Ms. Amy Warner provided Council with a presentation reporting on the evaluation of the building types in our historic downtown area. After a visual presentation and description of the various styles of architecture. She explained that the next step in the process would be to develop an Ordinance. She stated that it would probably take approximately 6 months to develop after research with other cities of the same size. The proposed ordinance would be reviewed by an appointed design committee before coming forward for Council consideration. The Mayor asked that we make sure that this information is made available to the downtown merchants. Citizens Participation The Mayor noted that no one came forward to address Council. Consent Agenda A. Consider and act upon approval of a Resolution ordering a Joint Election with the Wylie Independent School District and the Collin County Community College District on May 6,2000. Wylie City Council Minutes February 8,2000 Page 1 B. Consider and act upon approval of a contract for election services between the City of Wylie and the Collin County Elections Administration for the May 6,2000 Municipal Election. Councilman Scott made a motion to approve Items A and B on the Consent Agenda. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,6-0,Councilman Trout absent. i 1'EMS FOR INDIVIDUAL CONSIDERATION Public Hearing 1. Hold a public hearing to Consider and Act Upon a request from Cascade Companies.L.L.C.,for approval of a zone change from MF (Multi-Family); and B-1 (Business) to PD (Planned Development)for a master planned single family neighborhood for the property generally located along the east side of FM 1378 just north of the Newport Harbor Development and being all of a certain 50.576 acre tract out of the James McUlmury Survey,Abstract No.629,and the WM. Burnett Survey,Abstract No.56,City of Wylie,Collin County,Texas. Mr. Tobin Maples addressed this item. Mr.Maples provided Council with a brief history of this request. He provided a description of the property location as well as the surrounding property. The applicant is proposing a density of 2.75 dwelling units per acre (minimum lot size 8,500 sq. ft.). The applicant is also proposing a cascading pond parkland dedication encompassing 4.4 acres(2.43 acres of unusable area outside of the pond) Mr.Maples noted that although the Comprehensive Plan recommends one acre lots for this property,staff is of the opinion that the elimination of the multi- family zoning significantly reduces the allowable density of the area. Specifically,the property is currently zoned for multi- family uses and,therefore could be developed(by right)at a density of fifteen(15)dwelling units per acre. Mr.Maples also provided Council with a comparison of the proposed/required development standards. Mr.Maples stated that at the January 10,2000 meeting of the Parks Board,members recommended approval of this case subject to additional access easements being incorporated, hike and bike trails around the ponds be built in concrete,and the provisions of a playground and picnic area. Mr.Maples also mentioned that staff took this case back to the Park Board and asked them to consider the issue of off-street parking identified by the Commission and that the Board did not change their original recommendation. Mr.Maples mentioned the additional features such as jogging paths and cascading pond system engineered to city specifications,noting that the ponds will improve drainage to the area and serve as an aesthetic amenity to the development. Applicant will also be providing a divided and landscaped entry way to FM1378. Mr.Maples stated that at the February 2,2000 meeting of the Planning&Zoning Commission,the Commission voted 3-2 to recommend approval of this case. Commissioner George was absent, Commissioner Schmader abstained and Commissioner Hogue and Wood voted nay. Mr.Maples listed specific concerns of the Commission voting nay as follows: 1)traffic on FM1378;2)drainage;3)conflict with the Comprehensive Land Use Plan;4)no off-street parking provided for the park dedication;5)proposed gravel jogging path;6)water pressure,and 7)ingress and egress. Mr.Maples stated that staff is recommending approval due to the fact that the proposed density and development standards significantly reduce the overall density permitted by right. Mr.Maples was then available for questions from Council. The Mayor raised concerns regarding the maintenance of the jogging trails,off street parking for the park area and lighting. Mr.Randy Nolan,Cascade Company came forward to address concerns and provide an updated version to Council. Mr. Nolan first thanked city staff for their professionalism and courtesy extended. Mr.Nolan first addressed the parking issue. He stated that there is plenty of parking available on the street,and that eliminating off street parking areas discourages overnight parking. Mr.Nolan addressed the ingress/egress concerns of the Commission by stating that by eliminating one lot, they could provide a second entry. He went on to state that the jogging trails were constructed of crushed rock as concrete is not suitable for jogging and crushed rock is more natural. He also stated that the paths are more for°strolling° rather than jogging. Wylie City Council Minutes February 8,2000 Page 2 Council had concerns regarding the street widths and access by emergency personnel. Mr.Nolan explained that the streets were typical for residential and meet the standard specifications. He addressed the lighting along the pathways,stating that they lighting will be four foot low level lights between 25-40 feet apart. The height and low light will keep from interfering with residence yards and will be maintained by the Home Owners Association. He stated that the fencing around the park will be wrought iron,to maintain the open space effect. The Mayor stated that the Fire Department should review and have input on the street widths. Councilman Scott's concern was with the ponds and the maintenance. Mr.Nolan stated that the ponds would be maintained by the City,engineered to city specifications. He also noted that the ponds would have a continuous flow and not be stagnant. Additional concerns were ability to acquire easements,the pipeline size(36"vs 48"),erosion,no off-street parking and lot size. Mr. Nolan stated that the maintenance of the ponds would be minimal and that the water would be circulating by the continuous flow of the fountains. With regard to off street parking,Ms.Manson stated that the Park Board felt that this would be used as a neighborhood park only and the need for additional parking was not required. She stated that the maintenance of the pond was never discussed by the Board. Councilman Scott reiterated his reluctance to accept the maintenance of the ponds and that perhaps the Home Owners Association should accept this responsibility. The Mayor asked if Mr.Nolan had commitment from any builders. Mr.Nolan did not. Mr.Nolan added that small lot size does not mean cheap homes and that he sees the market in Wylie for$160 to$220 homes. The Mayor reminded Mr.Nolan that there will be$350 homes across the street from the proposed development. He stated that he has already given up 25 lots. Councilman Worley expressed concerns regarding the easement and right-of-way for future growth. The Mayor then opened the Public Hearing asking that anyone wishing to speak either in favor of or in opposition of to come forward,stating their name and address for the record. Julie Schmader,1308 Anchor Drive Ms.Schmader expressed her concerns regarding costs for ponds and maintenance and no provisions for off street parking. She also expressed concern regarding water supply and sidewalk issues. Ms. Schmader stated that this is the time during the process to address any concerns. Councilman Swartz asked Ms. Schmader why she abstained from on this item when it came before the Commission. She stated that she is a resident of New Port Harbor and that she felt it was necessary,but if she had it to do over,she would not have abstained. The Mayor then closed the public hearing. Mr.Maples stated that all concerns are addressed during the Development Issues team every Wednesday,with representation from each appropriate department in attendance. With regard to concerns,Mr.Nolan stated that they are under some pressure to resolve the drainage issue and that the streets are to city specifications. The jogging trails provide lighting for security yet because of height and low intensity do not intrude into residence concluding that they have done everything they can do to make this development acceptable to Wylie. Councilman Scott again stated that he feels that the Home Owners Association should be responsible for maintenance. The Mayor stated that he still has concerns regarding parking,street,ingress/egress to FM1378 and water availability from Wylie Northeast. Councilman Worley made a motion to table Item 1 until the next regular meeting of February 22,2000 and that Council would provide their concerns to the City Manager by Monday so that Staff may review with the Developer/Applicant. Councilman Swartz seconded the motion. A vote was called and the motion passed,6-0. Councilman Trout absent. Wylie City Council Minutes February 8,2000 Page 3 Approval of a Resolution 2. Consider and act upon approval of a resolution authorizing the City Manager to execute an Interlocal Cooperation Agreement with Collin County, Texas for Road Improvements in accordance with Court Order No.97-576-08-25. City Manager,Mr. Collins explained that Public Works Superintendent Mike Sferra could not be present this evening due to his daughters illness. Mr.Jack Jones provided a brief explanation and intent of the interlocal agreement with the County. Councilman Swartz made a motion to approve the Resolution. Councilwoman Allen seconded the motion. A vote was called and the motion passed,6-0. Councilman Trout absent. Award of Contract 3. Consider and act upon authorizing the City Manager to execute and award an emergency construction contract to Four D Construction in the amount of$180,864.83 to replace the potable water line and wastewater line in the alley between Third Street and Fourth Street between Butler Street and Park Street. City Engineer,Chris Hoisted addresses this item. Mr.Hoisted provided a brief history of this item providing an explanation for the emergency situation. Mr.Hoisted explained that the contractor,Four D Construction was in the area and ready to get started on this project with completion estimated within 30 days,with little or no expected interruption of services. Mr. Jones added that residence would be notified and any special needs addressed. Councilman Scott made a motion to approve authorization of the City Manager to execute and award an emergency construction contract to Four D Construction in the amount of$180,864.83 to replace the potable water line and wastewater line in the alley between Butler Street and Park Street. Councilman Worley seconded the motion. A vote was called and the motion passed,6-0. Councilman Trout absent. Appointments 4. Consider and act upon the appointment of Representatives to the Exploratory Committee for the Development of a Recreation/Civic Center. (Tabled 1/25/00) Councilman <>* made a motion to appoint Councilman Young and Cecilia Wood to serve as representatives to the Exploratory Committee for the Development of a Recreation/Civic Center. Councilwoman Allen seconded the motion. A vote was called and the motion passed,6-0. Work Session Presentation by Mr. Brady Snellgrove,Finance Director and Ms. Mignon Morse,Library Director regarding Technology,Internet and Fiber Optics. Mr. Snellgrove provided Council with an brief summary of the progress over the last ten years,where we were and where we are now with regard to technology. Ms.Morse presented Council with information on the City/WISD joint effort in writing a grant. She explained that they have been successful in securing a grant to hire a planner and now the grant writing process will begin. She stated that the grant is due on May 17 with results in July of 2000. Ms.Morse stated if the grant is awarded, the $500,000 could be used to provide a community wide network. Ms. Morse provided Council with a sampling of what a Community Wide Network could do for the community. Ms. Morse stated that they would need authorization to hire personnel to administer the Community Wide Network,as the grant will not fund personnel. Wylie City Council Minutes February 8,2000 Page 4 The Mayor stated that he felt that networking within the City is step number one. Council stated that they would support networking,but staff needs to look at funding an administrator. Mr. Snellgrove stated that it would take approximately$190 to'get everyone talking'. There was some discussion as to priority of technology versus the need for basic services. Discussion of 1999 Bond Program and Other Capital Projects. Mr.Chris Hoisted,City Engineer provided Council with a handout showing the proposed alternate design of Alanis to avoid the historical landmark. Mr.Hoisted provided information with regard to time line in conjunction with other bond projects that may be under construction at the same time. The new alignment was acceptable to Council with some concerns expressed by the Fire Chief with regard to access. Mr.Hoisted stated that they could revisit this issue to accommodate safety concerns. Due to the late hour,the ISO update was canceled until the next regular meeting. Adjournment- 10:30 p.m. With no further business,the meeting was adjourned. John Mondy Attest: Barbara A Salinas,City Secretary *to be inserted prior to the 2/22/00 meeting. Wylie City Council Minutes February 8,2000 Page 5 WYLIE CITY COUNCIL AGENDA ITEM NO. February 22, 2000 Issue: Consider and act upon approval of a request from TXU Electric to accept the Tariff Filing pursuant to Substantive Rule 25.241,with revisions effective March 1, 2000. Executive Summary: The Tariff Filing does not propose to increase or decrease any existing charge or rate and TXU Electric does not anticipate any change in revenues as a result of this proposed tariff revisions. The primary purpose of this Filing is to modify, close, or delete certain existing tariffs in order to facilitate the transition to a competitive retail market as of January 1, 2002, pursuant to Senate Bill 7 passed in the 1999 Texas Legislature. Testimony of Mr. J. Sherburne, Electric Rates Manager for TXU Electric Company has been attached in order to fully explain the revisions proposed in this Tariff Filing. Financial Considerations Other Considerations Staff Recommendations N/A Board/Commission Recommendations N/A Attachments A-Correspondence from TXU representative Mr. Greg Huckaby B -Correspondence from TXU representative to Mr. James Galloway - Filing Clerk for the Public Utilities Commission of Texas C-Testimony of Mr. J.Michael Sherburne,Electric Rates Manager for TXU Electric ykla., ...),LL C68 Prepared by Revie by inance City Manager Approval TXU TXU Electric&Gas 1130 East 15th Street Plano,TX 75074-6224 January 25, 2000 Barbara Salinas City Secretary 2000 Highway 78 North Wylie, Texas 75098 Enclosed for filing please find TXU Electric Company's Tariff Filing Pursuant to Substantive Rule 25.241, requesting revisions to 27 of its retail rates/riders. The enclosed Tariff Filing is also being made with the Public Utility Commission of Texas. The enclosed Tariff Filing does not propose to either increase or decrease any existing charge or rate, and TXU Electric does not anticipate any change in revenues as a result of these proposed tariff revisions. The primary purpose of this Tariff Filing is to modify, close, or delete certain existing tariffs in order to facilitate the transition to a competitive retail market as of January 1, 2002, pursuant to Senate Bill 7 passed in the 1999 Texas Legislature. In order to fully explain the revisions proposed in this Tariff Filing, TXU Electric has included the testimony of Mr. J. Michael Sherburne. Mr. Sherburne's Exhibit JMS-D-1 summarizes the proposed tariff revisions, and his subsequent exhibits provide the proposed tariff sheets with changes noted. TXU Electric has proposed that these tariff revisions go into effect March 1, 2000, and hereby requests that the City approve this Tariff Filing effective that date. Included in the Tariff Filing, in addition to Mr. Sherburne's testimony, are clean copies of (1) the revised Table of Contents; (2) the revised Section 2.1 Cities served listing; and (3) the revised tariff pages reflecting the proposed changes. Should you have any questions concerning this filing, please give me a call. Very truly yours, Gory R. Huckky eceip Ac owledged by: Name: Title: Gdi -c'c' � . Date: /'�a�- 13„ TXU "1 Electric Stephen J.Houle J 1 Bryan St,Ste 32 Vice President Dallas,TX 75201 Tel: 214 812 4821 Fax 214 812 3221 January 25, 2000 shoulel@txu.com Mr. James Galloway, Filing Clerk Public Utility Commission of Texas 1701 N. Congress Ave. P.O. Box 13326 Austin, Texas 78711-3326 Dear Mr. Galloway: TXU Electric hereby files this its Tariff Filing Pursuant to Substantive Rule 25.241, requesting revisions to 27 of its retail rates/riders and its list of cities served. The primary purpose of this Tariff Filing is to modify, close, or delete certain existing tariffs in order to facilitate the transition to a competitive retail market as of January 1, 2002, pursuant to Senate Bill No. 7. Thus, TXU Electric proposes herein. to: (1) close certain existing retail tariffs to new customers for services deemed competitive energy services by the Commission's proposed Substantive Rule 25.343; (2) close and/or modify optional retail tariffs with contract provisions that extend beyond the January 1, 2002, start date for full retail market competition or that are no longer necessary; (3) modify retail tariffs for basic rates to limit contract terms to December 31, 2001; and (4) delete retail tariffs that are no longer being utilized. In order to fully explain the revisions proposed in this Tariff Filing, and the reasons therefore, TXU Electric has included in this Filing the testimony of Mr. J. Michael Sherburne. Mr. Sherburne's Exhibit JMS-D-1 summarizes the tariff revisions proposed herein, and his subsequent exhibits provide the proposed tariff sheets with the notations in the right-hand margin indicating the changes made to each tariff sheet, as required by Substantive Rule 25.241(f). TXU Electric has proposed that these tariff revisions go into effect on March 1, 2000. TXU Electric is also filing a revision to Section 2.1 of the Tariff for Electric Service to reflect name changes for cities that TXU Electric currently serves. The Tariff Filing herein does not propose to either increase or decrease any existing charge or rate, and TXU Electric does not anticipate any change in revenues as a result of these proposed tariff revisions. Attached, in addition to Mr. Sherburne's testimony, are clean copies of: (1) the revised Table of Contents; (2) the revised Section 2.1 Cities served listing; and (3) the revised tariff pages reflecting the proposed changes. Mr. James Galloway January 25, 2000 Page 2 Any correspondence concerning this Filing should be sent to me at the address set out above. Thank you for your assistance. Sincerely, xc: Mr. Stephen Davis, Office of Policy Development Attachments: TESTIMONY OF J. MICHAEL SHERBURNE 1 I. POSITION AND QUALIFICATIONS 2 Q. PLEASE STATE YOUR NAME, BUSINESS ADDRESS, AND CURRENT EMPLOYMENT 3 POSITION. 4 A. My name is J. Michael Sherburne. My business address is 1601 Bryan Street, Dallas, 5 Texas 75201. I am the Electric Rates Manager for TXU Electric Company ("TXU Electric" 6 or"Company"). 7 Q. PLEASE DISCUSS YOUR EDUCATIONAL BACKGROUND AND PROFESSIONAL 8 QUALIFICATIONS. 9 A. I graduated from Louisiana State University in December 1979 with a Bachelor of Science 10 in Electrical Engineering. In August 1989, I received the degree of Master of Business 11 Administration from the University of Dallas. I began employment with Dallas Power & 12 Light (DP&L) in June 1980 as an Engineer, Jr. in the Research and Development Section 13 of the Distribution Department. In June 1984, I was named Section Head - Overhead and 14 Underground Operations in the DP&L Distribution. In April 1986, I was named Senior 15 Engineer in the DP&L Distribution Design Division of the Engineering Department. In 16 December 1987, I was named Manager, Facilities Management for DP&L and became 17 responsible for the construction, operation, and maintenance of DP&L office facilities. I 18 continued that responsibility until February 1991, when I was named to the position of 19 Rates and Cost Analysis Manager for Texas Utilities Electric Company. In May 1999, I was 20 named to my current position of Electric Rates Manager-TXU Electric Company. 21 Q. HAVE YOU PREVIOUSLY TESTIFIED BEFORE THE PUBLIC UTILITY COMMISSION 22 OF TEXAS("COMMISSION")? 23 A. Yes. I have testified before the Commission in Dockets Nos. 21527, 20546, 20200, 13575, 24 11735, 11632, and 11037. 1 1 II. PURPOSE OF TESTIMONY 2 Q. WHAT IS THE PURPOSE OF YOUR TESTIMONY IN THIS TARIFF FILING? 3 A. The purpose of my testimony in this tariff filing is to support the proposal of TXU Electric to: 4 (1) close certain existing retail tariffs to new customers for services deemed competitive 5 energy services by PUC Proposed Substantive Rule §25.343; (2) close and/or modify 6 optional retail tariffs with contract provisions that extend beyond the January 1, 2002, start 7 date of full retail market competition or that are no longer necessary; (3) modify retail tariffs 8 for basic rates to limit contract terms to December 31, 2001; and (4) delete retail tariffs that 9 are no longer being utilized. 10 Q. PLEASE EXPLAIN WHY TXU ELECTRIC IS FILING THIS PROPOSAL AT THIS TIME. 11 A. TXU Electric proposes to modify, close, or delete certain existing retail Tariffs for Electric 12 Service to facilitate the transition to a competitive marketplace and to address the. 13 potentially contentious issues surrounding contract terms with new customers. TXU Electric 14 would like to remove these potential barriers to competition during the interim and allow for 15 a smoother transition to deregulation. A summary of this proposal is provided in Exhibit 16 JMS-D-1. 17 Q. IN ADDITION TO THE PRO,'OSALS CONTAINED WITHIN THIS FILING REGARDING 18 TREATMENT OF NEW CONTRACTS, HOW WILL TXU ELECTRIC HANDLE EXISTING 19 RETAIL CUSTOMER CONTRACTS WITH TERMS THAT EXTEND BEYOND JANUARY 20 1, 2002? 21 A. Although the issue of how to handle existing contracts that extend beyond January 1, 2002, 22 is currently being discussed by the PUC, TXU Electric seeks to take proactive measures to 23 handle these retail contracts bilaterally through negotiations with its customers. TXU 24 Electric plans to review each existing retail contract for electric service and renegotiate the 25 terms with each customer to either: (1) limit the contract term to December 31, 2001; (2) 26 allow for contract termination by mutual agreement; or (3) allow both the customer and the 27 Company to terminate the contract, upon 30 days written notice, any time after December 2 1 31, 2001, irrespective of the term of the contract. By allowing for bilateral contract 2 revisions, it is TXU Electric's desire to transition into a deregulated market in an orderly, 3 amicable manner where both customers and the Company are treated fairly. 4 Q. WILL THIS FILING IMPACT TXU ELECTRIC'S WHOLESALE POWER TARIFFS? 5 A. No. The purpose of this filing is to address issues relating only to retail tariffs due to the 6 passage of Senate Bill No. 7, which provides for retail competition. 7 III. CLOSURE OF TARIFFED SERVICE DEEMED A COMPETITIVE ENERGY SERVICE 8 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE RATE OL -OUTDOOR LIGHTING TO 9 NEW CUSTOMERS? 10 A. TXU Electric's Rate OL is used to supply customers with unmetered outdoor lighting 11 service, a service that is defined in proposed Substantive Rule §25.341(6)(J) as a 12 competitive energy service. As specified in PUC Substantive Rule §25.343(c), affected 13 utilities shall not provide competitive energy services after September 1, 2000. Because 14 TXU Electric will be required to stop providing this service in the near future, TXU Electric 15 proposes to close Rate OL to new customers on March 1, 2000, as indicated in Exhibit 16 JMS-D-2. 17 Q. WHY DID TXU ELECTRIC SELECT MARCH 1, 2000, AS THE DATE TO CLOSE THIS 18 RATE TO NEW CUSTOMERS? 19 A. TXU Electric currently installs an average of 900 guard/flood light fixtures per month and 20 forecasts indicate this trend will continue well into the year 2000. This would equate to the 21 installation of approximately 5400 new fixtures between March 1, 2000, and September 1, 22 2000. TXU Electric therefore desires to prevent these additional customers from signing up 23 for a service that must be discontinued by the provider in the near future. Closing the rate 24 prior to service discontinuance will allow these customers ample time to transition into the 25 practice of obtaining this service from a non-utility supplier. In addition, TXU Electric 26 desires to use this time to focus on transitioning existing Rate OL customers without 27 complicating the matter by adding new customers during this transition period. 3 1 Q. WHAT EFFECT WILL THIS HAVE ON CUSTOMERS DESIRING TO RECEIVE 2 OUTDOOR LIGHTING? 3 A. Based upon various comments made during task force meetings for PUC Project Number 4 21083, Cost Unbundling and Separation of Utility Business Activities, Including Separation 5 of Competitive Energy Services and Distributed Generation, there are suppliers of this 6 service currently in existence that are ready to serve these customers. Therefore, 7 customers will still be able to receive outdoor lighting service, it simply will not be provided 8 by TXU Electric as a regulated utility. Closing Rate OL on March 1, 2000, effectively allows 9 unregulated suppliers of this service to target these customers prior to September 1, 2000, 10 thereby giving them the opportunity to increase their customer base earlier than required. 11 Q. HOW WILL CUSTOMERS RECEIVE OUTDOOR LIGHTING SERVICE BETWEEN 12 MARCH 1, 2000 AND SEPTEMBER 1, 2000? 13 A. TXU Electric could provide a listing of suppliers of outdoor lighting service to customers 14 inquiring into outdoor lighting service. 15 IV. CLOSURE OF TARIFFS WITH CONTRACT PROVISIONS EXTENDING BEYOND 16 JANUARY 1, 2002 17 A. RIDER ED -ECONOMIC DEVELOPMENT SERVICE AND 18 RIDER ET-ENVIRONMENTAL TECHNOLOGY SERVICE 19 Q. WHAT ARE THE MINIMUM CONTRACT TERMS FOR RIDERS ED AND ET? 20 A. The minimum contract term for Rider ED as specified in the tariff is five years plus the 21 number of years of discounted demand charges received under this rider. The minimum 22 contract term for Rider ET as specified in the tariff is five years. 23 Q. WHY WERE THE MINIMUM CONTRACT PROVISIONS ESTABLIHED AT THIS LEVEL? 24 A. The minimum term of service for Rider ED was established in order to provide the proper 25 level of demand discount necessary to stimulate economic activity without adversely 26 affecting the cost of service to existing customers. Because the demand discount is based 27 on the number of years until the Company's next scheduled generating unit addition, the 4 1 contract term was also based on the length of time the demand discount was in effect. 2 The minimum five-year term of service for Rider ET was established to provide a proper 3 level of demand discount to facilitate the customers' ability to finance the conversion to 4 more efficient electrical processes while also exceeding the Company's marginal cost of 5 capacity in 1994 dollars, the effective year of this tariff. 6 Q. WHY IS TXU PROPOSING TO CLOSE RIDERS ED AND ET TO NEW CUSTOMERS ON 7 MARCH 1, 2000? 8 A. The minimum contract term for these tariffs would require a customer who signs up after 9 March 1, 2000, to continue receiving service under this rate well beyond the January 1, 10 2002, date of full competition. In addition, the calculation of the demand charge for these 11 riders is based on the Company's next scheduled generating unit addition, but at this time 12 the Company is planning for capacity additions(purchased power) between March 1, 2000, 13 and January 1, 2002. Thus, it would not be appropriate to offer demand discounts at a time 14 when the Company does not have the capacity available. As a result, going forward these 15 riders will not be applicable to any customer not already receiving service under this tariff. 16 Therefore, TXU Electric proposes to close Riders ED and ET, as indicated in Exhibit JMS- 17 D-3, to: (1) avoid obligating the customer or the utility beyond the date of competition; (2) 18 avoid any confusion associated with the treatment of customer contracts signed during this 19 interim period; and (3) prevent an appearance of offering demand discounts when not 20 economically practical. 21 B. RIDER I -INTERRUPTIBLE SERVICE 22 Q. WHAT IS THE INITIAL CONTRACT TERM FOR RIDER I? 23 A. The initial contract term for Rider I as specified in the tariff is five years. 24 Q. WHY WAS THE CONTRACT PROVISION SET UP FOR AN INITIAL FIVE-YEAR TERM? 25 A. The initial five-year term of service was established to: (1) provide assurance that the 26 contracted load will remain interruptible for a sufficient length of time to aid TXU Electric in 27 its capacity planning function and spinning reserve requirements; and (2) ensure some 5 1 reasonable level of cost recovery for the Company's facilities used to serve interruptible 2 load. 3 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE RIDER I TO NEW CUSTOMERS ON 4 MARCH 1, 2000? 5 A. First, it should be noted that the instantaneous interruptible service option of Rider I was 6 officially closed in Docket No. 11735 due to its over-subscription. For the other available 7 option under Rider I, noticed interruptible service, the initial contract term would require a 8 customer who signs up after March 1, 2000, to continue receiving service under this rate 9 well beyond the January 1, 2002 date of full competition. In addition to the contract issue, a 10 provision in the tariff allows noticed interruptible customers to discontinue interruptible 11 service during the initial two years without penalty. Because of this provision, and thus the 12 uncertainty of the presence of the customer's interruptible load for two years following the 13 contract signing, the Company would not receive a capacity planning benefit during the 14 initial two years of the contract. Therefore, any contracts entered into after March 1, 2000, 15 will not afford the Company the planning benefit commensurate with the demand reduction 16 incentives provided by the rate. Therefore, TXU Electric proposes to close this tariff, as 17 indicated in Exhibit JMS-D-4, to: (1) avoid obligating the customer or the utility beyond the 18 date of competition; (2) avoid any confusion associated with the treatment of customer 19 contracts signed during this interim period; and (3) prevent the unreasonable practice of 20 offering discounts with no benefit afforded the Company or its remaining customers. 21 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE THIS RIDER TO NEW CUSTOMERS 22 RATHER THAN MODIFY THE TERMS OF ANY NEW CONTRACTS? 23 A. As stated above, the minimum contract term was established for very specific operational 24 and economical reasons and was a major factor in the design of the tariff. Reducing the 25 term of the contract could potentially lead to a lack of cost recovery by the Company in 26 serving this type of load and the inability of TXU Electric to effectively plan and secure the 6 1 necessary capacity resources to serve projected load. Based on these reasons, TXU 2 Electric proposes to close the rate to new customers altogether. 3 Q. HOW DOES TXU ELECTRIC PROPOSE TO HANDLE EXISTING INTERRUPTIBLE 4 CONTRACTS? 5 A. In December 1999, TXU Electric gave notice of its intention to terminate all noticed and 6 instantaneous interruptible contracts on December 31, 2001, to ensure that no obligations 7 exist beyond market opening. 8 C. RATE GTUC -GENERAL SERVICE TIME OF USE CURTAILABLE AND 9 RATE GTUC-M -GENERAL SERVICE TIME OF USE CURTAILABLE MUNICIPAL 10 Q. WHAT IS THE INITIAL CONTRACT TERM FOR RATE GTUC &RATE GTUC-M? 11 A. The initial contract term for Rate GTUC and Rate GTUC-M as specified in the tariff is three 12 years. 13 Q. WHY WAS THE CONTRACT PROVISION SET USING AN INITIAL THREE-YEAR 14 TERM? 15 A. The initial three-year term of service was set to ensure some reasonable level of cost 16 recovery for the Company's facilities used to serve curtailable load and was designed to 17 prevent a customer from gaming the rate by alternating service between curtailable and 18 non-curtailable tariffs depending on the time of year. Requiring a three-year term also 19 encouraged customers to invest in operational and facilities changes to maximize the 20 demand reduction incentives provided by the pricing structure. This term also allowed the 21 Company the time to adjust its planning process associated with securing the necessary 22 capacity resources to serve projected load. 23 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE RATES GTUC AND GTUC-M TO 24 NEW CUSTOMERS ON JANUARY 1, 2001 AND MODIFY THE CONTRACT TERM OF 25 THESE RATES? 26 A. Because of the potential for customers to game the rate by signing up after the last on-peak 27 season before competition begins, thus allowing them to receive a discount with no benefit 7 1 afforded the Company during its peak season, TXU Electric proposes to close these rates 2 on January 1, 2001, one year in advance of the start date for competition. In addition to the 3 potential for gaming the rate, the current contract terms for these tariffs would require a 4 customer who signs up after March 1, 2000 to continue receiving service under these rates 5 beyond the January 1, 2002 start of competition. Because closing the tariff effective 6 January 1, 2001 does not address the issue of contractual obligations for those customers 7 who sign-up for service before the tariff is closed, TXU Electric is also modifying the term of 8 all new contracts to ensure that no obligation will exist after the January 1, 2002 start date 9 of competition. These proposals are indicated in Exhibit JMS-D-5. 10 Q. WHY DID TXU ELECTRIC SELECT JANUARY 1, 2001, AS THE PROPOSED DATE TO 11 CLOSE THESE RATES INSTEAD OF MARCH 1, 2000 AS PROPOSED FOR RIDERS 12 ED, ET AND I ABOVE? 13 A. Because TXU Electric uses this curtailable load in its capacity planning for future 14 requirements, both customers and the Company would still benefit in the short term from 15 the addition of new curtailable loads between March 1, 2000 and January 1, 2001. 16 Therefore, TXU Electric proposes to close the rates on January 1, 2001, to utilize the 17 availability of additional curtailable loads during the 2000 and 2001 peak seasons. 18 E. RATE RLU -RESIDENTIAL LOW USE SERVICE, 19 RATE RTU -RESIDENTIAL TIME-OF-USE SERVICE, 20 RATE RTU1 -RESIDENTIAL TIME-OF-USE SERVICE, 21 AND RATE RTU1-M RESIDENTIAL TIME-OF-USE SERVICE MUNICIPALITY 22 Q. WHAT IS THE INITIAL CONTRACT TERM FOR RATES RLU, RTU, RTU1, AND RTU1- 23 M? 24 A. The initial contract term as specified in the tariff for each of these rates is one year. 25 Q. WHY WAS THE CONTRACT PROVISION SET UP FOR AN INITIAL ONE-YEAR TERM? 26 A. The one year term of service was set to assure some reasonable level of cost recovery for 27 the Company's facilities used to serve residential customers with special requirements or 8 1 provisions, and to prevent a customer from gaming the rates by alternating between more 2 or less favorable rates depending on the time of year. 3 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE RATES RLU, RTU, RTU1, AND 4 RTU1-M TO NEW CUSTOMERS ON JANUARY 1, 2001? 5 A. The initial contract terms for these tariffs would require a customer who signs up after 6 January 1, 2001, to continue receiving service under this rate beyond the January 1, 2002, 7 date of full competition. Therefore, TXU Electric proposes to close these tariffs, as 8 indicated in Exhibit JMS-D-6, to avoid obligating the customer or the utility beyond the date 9 of competition and to avoid any confusion associated with the treatment of customer 10 contracts signed during this interim period. 11 Q. WHY IS TXU ELECTRIC PROPOSING TO CLOSE THESE RATES TO NEW 12 CUSTOMERS RATHER THAN MODIFY THE TERMS OF ANY NEW CONTRACTS? 13 A. TXU Electric considered changing the contract provision to expire on December 31, 2001. 14 However, because of the potential for customers to game the rate, TXU Electric's proposal 15 to close the rates a year in advance instead of merely altering the contract terms will 16 appropriately require the customer to experience both on-peak and off-peak pricing. 17 • V. CLOSURE OF TARIFFS THAT ARE NO LONGER NECESSARY 18 A. RATE GC -GENERAL SERVICE COMPETITIVE PRICING AND 19 RATE GC1 -GENERAL SERVICE, 20 Q. WHY IS TXU PROPOSING TO CLOSE RATES GC AND GC1 TO NEW CUSTOMERS 21 ON MARCH 1,2000? 22 A. TXU Electric is planning for capacity additions (purchased power) between March 1, 2000, 23 and January 1, 2002. Because the calculation of the demand charge for these rates is 24 based on the number of years until the Company's next scheduled generating unit addition, 25 these rates will not be available to any customer not currently receiving service under these 26 tariffs. Therefore, TXU Electric proposes to formally close these tariffs, as indicated in 9 1 Exhibit JMS-D-7 to prevent an appearance of offering demand discounts when not 2 economically practical. 3 Q. WHY IS TXU PROPOSING TO CLOSE THESE RATES RATHER THAN DELETING 4 THEM ALTOGETHER? 5 A. TXU Electric currently has customers contracted to receive service under these tariffs. In 6 order to continue providing service to these customers pursuant to the tariffs, TXU Electric 7 cannot request their deletion. It is TXU Electric's intention to prevent new customers from 8 receiving service under these tariffs, not to require existing customers to change tariffs prior 9 to January 1, 2002. Therefore, TXU Electric is proposing to close these tariffs instead of 10 deleting them. 11 VI. MODIFICATION OF CONTRACT TERMS FOR BASIC RATES 12 A. RATE R-RESIDENTIAL SERVICE, • 13 RATE GS -GENERAL SERVICE SECONDARY, 14 RATE GP -GENERAL SERVICE PRIMARY, 15 RATE GTU -GENERAL SERVICE TIME-OF-USE, 16 RATE GTU-M -GENERAL SERVICE TIME-OF-USE MUNICIPALITY, 17 RATE HV-HIGH VOLTAGE SERVICE, 18 RATE S -STANDBY SEVICE, 19 RATE SL -STREET LIGHTING SERVICE, 20 RIDER ES -ENTERPRISE ZONE SERVICE,AND 21 RIDER T-TEMPORARY SERVICE 22 Q. WHAT CONTRACT TERM MODIFICATION IS TXU ELECTRIC PROPOSING FOR 23 RATES R, GS, GP, GTU, GTU-M, HV, S, SL, AND RIDERS ES AND T? 24 A. TXU Electric proposes to modify the Agreement section of Rates R, GS, GP, GTU, GTU-M, 25 HV, S, SL, and Riders ES and T to limit the terms on all new contracts entered into on or 26 after March 1, 2000, to December 31, 2001. 10 1 Q. WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF 2 RATES R, GS, GP, GTU, GTU-M, HV, S, SL, AND RIDER ES AND T? 3 A. As currently written, the contract provisions for these basic tariffs place no maximum 4 limitation on the duration of contracts entered into for services rendered under these tariffs. 5 Therefore, it is conceivable that a customer and TXU Electric can enter into contracts with 6 terms that expire after the January 1, 2002 start date of competition. Although the issue of 7 how to handle contracts that extend beyond January 1, 2002, is currently being considered 8 by the PUC, TXU Electric seeks to take proactive measures to reduce the possibility of new 9 contracts being entered into that might impede a customer's ability to choose suppliers after 10 market opening. Therefore, by limiting the maximum contract terms of these rates to 11 December 31, 2001, as indicated in Exhibit JMS-D-8, TXU Electric desires to avoid 12 entering into new agreements that could potentially become contentious issues upon the 13 implementation of retail competition. 14 Q. WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF 15 RATES R, GS, GP, GTU, GTU-M, HV, S, SL, AND RIDERS ES AND T INSTEAD OF 16 CLOSING THE RATES TO NEW CUSTOMERS? 17 A. Rates R, GS, GP, GTU, GTU-M, HV, S, SL, and Riders ES and T are TXU Electric's basic 18 rates for electric service. In order to serve new customers during the interim period before 19 competition, TXU Electric must maintain certain essential rates to provide service for these 20 classes of customers. Simply modifying the contract terms does not restrict a customer's 21 ability to receive service, does not limit the Company's ability to recover the basic cost of 22 service, and does not create contractual obligations beyond the start date of competition. 23 B. RATE LPP-NON-FIRM ENERGY PURCHASES FROM QUALIFYING FACILITIES AND 24 RATE SPP -SMALL POWER PRODUCTION 25 Q. WHAT CONTRACT TERM MODIFICATION IS TXU ELECTRIC PROPOSING FOR 26 RATES LPP AND SPP? 11 1 A. TXU Electric proposes to modify the Agreement section of LPP and SPP to limit the terms 2 on all new contracts entered into on or after March 1, 2000 to December 31, 2001. 3 Q. WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF 4 RATES LPP AND SPP? 5 A. As currently written, the contract provisions for these tariffs place no maximum limitation on 6 the duration of contracts entered into for energy purchased under these tariffs. Therefore, 7 it is conceivable that TXU Electric and a qualifying facility can enter into contracts with 8 terms that expire after January 1, 2002, thus obligating the Company to purchase energy 9 from these facilities beyond the start date of competition. Section 39.105(a) of the Utilities 10 Code prohibits a transmission or distribution utility from participating in the electricity 11 market, except for the purpose of buying electricity to serve its own needs. Therefore, by 12 limiting the maximum contract terms of these rates to December 31, 2001, as indicated in 13 Exhibit JMS-D-9, TXU Electric desires to avoid entering into new agreements to purchase 14 power that could potentially become contentious issues upon the implementation of retail 15 competition. 16 Q. WHY IS TXU ELECTRIC PROPOSING TO MODIFY THE CONTRACT TERMS OF 17 RATES LPP AND SPP INSTEAD OF CLOSING THE RATES? 18 A. Pursuant to Substantive Rule §25.242, TXU Electric is required to have tariffs available for 19 the purchase of energy generated by qualifying facilities. Therefore, TXU Electric is not 20 permitted to request closure of Rates LPP and SPP. However, the Company desires to 21 limit the terms of any new contracts so that no prior contractual obligations to purchase 22 energy exist beyond the start date of competition, pursuant to Section 39.105(a) of the 23 Utilities Code. 24 VII. TARIFFS PROPOSED FOR DELETION 25 A. RATE RTP -REAL TIME PRICING, 26 RATE RTP-I -REAL TIME PRICING INTERRUPTIBLE: 27 AND RATE RTP-I-1 -REAL TIME PRICING INSTANTANEOUS INTERRUPTIBLE 12 1 Q. WHY IS TXU PROPOSING TO DELETE RATES RTP, RTP-I, AND RTP-I-1? 2 A. TXU Electric instituted these rates on an experimental basis with an overall objective to 3 evaluate the effectiveness of real-time pricing as a resource option. There are no 4 customers currently receiving service under any of these rates, nor are there any 5 customers in discussions with TXU Electric who are considering taking service under these 6 rates. Since the subscription period for Rate RTP is set to expire on October 1, 2000, and 7 Rates RTP-I and RTP-I-1 are currently set to expire on October 1, 2001, and September 1, 8 2000, respectively, TXU Electric does not foresee any customer investing the time and 9 resources necessary for successful implementation of these rates before the set expiration 10 dates. Therefore, TXU Electric requests to delete Rates RTP, RTP-I, and RTP-I-1 as 11 indicated in Exhibit JMS-D-10. 12 Q. DURING THE TIME SINCE THESE RATES WERE APPROVED, WHAT WAS THE 13 MAXIMUM NUMBER OF CUSTOMERS ON EACH OF THE RATES AT ANY ONE POINT 14 IN TIME? 15 A. The maximum number of customers at any one point in time was zero for Rate RTP, zero 16 for Rate RTP-I and four for Rate RTP-I-1. 17 Q. WHEN WAS THE LAST DATE A CUSTOMER RECEIVED SERVICE UNDER EACH OF 18 THESE RATES? 19 A. No customer ever received service under Rates RTP and RTP-I. The last date that a 20 customer received service under Rate RTP-I-1 was May 1998. 21 Q. DOES THIS CONCLUDE YOUR TESTIMONY? 22 A. Yes, it does. 13 Exhibit JMS-D-1 TXU Electric Page 1 of 1 Summary of Tariff Revisions Close Rate/Rider to new customers March 1,2000 • ED-Economic Development Service • ET-Environmental Technology Service • GC-General Service Competitive Pricing • GC 1 -General Service • I-Interruptible Service • OL-Outdoor Lighting Close Rate to new customers January 1,2001 • RLU-Residential Low Use Service • RTU-Residential Time-of-Use Service • RTU1 -Residential Time-of-Use Service • RTU1-M-Residential Time-of-Use Service Municipality Close Rate to new customers January 1,2001 &Limit contract term to December 31,2001 • GTUC-General Service Time-of-Use Voluntary Curtailment • GTUC-M-General Service Time-of-Use Voluntary Curtailment Municipality Delete Tariff • RTP-Real Time Pricing • RTP-I-Real Time Pricing-Interruptible • RTP-I-1 -Real Time Pricing-Instantaneous Interruptible Limit contract term to December 31,2001 • ES-Enterprise Zone • GP-General Service Primary • GS-General Service Secondary • GTU-General Service Time-of-Use • GTU-M-General Service Time-of-Use Municipality • HV-High Voltage Service • LPP-Non-Firm Energy Purchases from Qualifying Facilities • R-Residential Service • S-Standby Service • SL-Street Lighting Service • SPP-Small Power Production • T-Temporary Service WYLIE CITY COUNCIL AGENDA ITEM NO. . February 22, 2000 Issue: Consider and act upon official acceptance of the resignation of Mr. Jim Swartz, Council Place 3. Executive Summary: On February 8, 2000 Councilman Swartz submitted his letter of resignation from his unexpired term, Place 3 of the Wylie City Council. In accordance with Texas Election Law, Title 12, Section 201.001, resignation of an officer must be in writing and signed by the officer and delivered to the appropriate authority for acting on the resignation or declination. The authority may not refuse to accept a resignation. Council will consider and act upon a Resolution this evening to order a Special Election to fill the vacancy created by Mr. Swartz's resignation, in accordance with our City Charter, Article III, Section 6C. Financial Considerations Council approved a contract for election services with the Collin County Elections Administrator for the May 6 2000 general election. The Special Election will be held in conjunction with the General Election and costs should not be effected. Other Considerations Texas Election Law,Title 12, Chapter 201 directs the procedures for conducting a Special Election to fill a vacancy. Our City Charter, Article V and Article III also provide direction with regard to Special Elections. Staff Recommendations N/A Board/Commission Recommendations N/A Attachments Letter of Resignation r CA P epa • by Rev' ed by Finance City Manager Approval FEBRUARY 8 , 2000 TO : BARBARA SALINAS . CITY SECRETARY. RE : RESIGNATION FROM CITY COUNCIL . I AM RESIGNING MY SEAT ON THE WYLIE CITY COUNCIL AS OF FEBRUARY 9TH TO SEEK THE OFFICE OF MAYOR. t" 4/1 J JAMES D . SWARTZ 506 W . JEFFERSON WYLIE TX . 75098 WYLIE CITY COUNCIL AGENDA ITEM NO. 3. February 22, 2000 Issue: Consider and act upon approval of a resolution ordering a Special Election for the purpose of filling the Place 3 vacancy, to be held in conjunction with the May 6, 2000 General Municipal Election. Background: Councilman Jim Swartz submitted his resignation from Place 3 of the Wylie City Council on February 8, 2000. In accordance with the Texas Election Code, Section 201.023 "a vacancy occurs on the date that the resignation is accepted by the appropriate authority or on the eighth day after the date of its receipt by the authority, whichever is earlier" According to our 1998 charter amendment, Article 3, Section 6C states that vacancies must be filled by special election, not appointment. The Special Election may be held in conjunction with the General Municipal Election on May 6, 2000. On February 8, 2000 Council approved entering into a contract for election services with the Collin County Elections Administration for the May 6, 2000 Election. All polling places and early voting by personal appearance will remain the same. Because this is a Special Election to fill a vacancy, the filing dates for Place 3 will differ from the General Municipal Election. The Texas Election Code, Section 201.054 (d) sets the filing period for a place on the ballot. If the Special Election is ordered thirty-six days prior to the election date, the deadline for filing is 5:00 p.m. of the 31st day before Election Day, or April 5, 2000. Section 143.007 (a) states that an application may not be filed earlier than the 30th day before the date of the filing deadline, or March 6, 2000. Candidate packets are available in the City Secretary's office. Financial Considerations The costs for the Special Election should not increase from what was estimated for the General Election ($2,182.63), as we will work closely with the Collin County Elections Administrator to place the vacancy position on the same ballot. Other Considerations Texas Election Law, Title 12 Elections to Fill Vacancy in Office, provides direction for conducting an election to fill a vacancy. The Resolution meets all statutory requirements for ordering a Special Election under Article V, Nominations and Elections, Section 1 B and procedures for filling vacancies under Article III, The City Council, Section 6, Vacancies, Forfeiture, Filling of Vacancies of the Home Rule Charter. Staff Recommendations Approval of the Resolution Board/Commission Recommendations N/A Attachments Resolution Prepared by Revie by Finance City Manager Approval C� RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, ORDERING A SPECIAL ELECTION TO BE HELD IN CONJUNCTION WITH THE JOINT ELECTION ON MAY 6, 2000 FOR THE PURPOSE OF FILING A VACANCY, PLACE 3 TO THE WYLIE CITY COUNCIL; THE UNEXPIRED TERM FOR PLACE 3 WILL EXPIRE IN MAY OF 2001; DESIGNATION OF POLLING PLACES, NOTICES OF ELECTIONS AS DESIGNATED IN RESOLUTION 99-03 AS PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION. NOW, THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,THAT: Section 1. A Special Election is hereby ordered to be held in conjunction with the Joint Election with the Wylie Independent School District and Collin County Community College District on Saturday, May 6, 2000 for the purpose of filing a vacancy, for the unexpired term of Place 3, to the Wylie City Council. The unexpired term for Place 3 will expire in May of 2001. Section 2. The Polling Places where qualified voters shall cast ballots at such location in the City of Wylie 2000 Special Election are as follows: County Election Precincts Polling Places All City Precincts Precincts 25 Southfork Mobile Home Park 210 Southfork Blvd. Wylie, Texas Precinct 27, 56, & 83 First United Methodist Church 109 West Jefferson Wylie, Texas Election Polls shall be opened from 7:00 a.m. until 7:00 p.m. on the date of the Election. Section 3. Early voting by personal appearance shall be available at the Collin County Sub Courthouse, 920 E. Park, Suite 120, Plano, Texas and the Wylie Municipal Complex, 2000 N. Highway 78, Wylie, Texas, beginning on Wednesday, April 19, 2000 through Tuesday, May 2, 2000 during normal working hours of 8:00 a.m. to 5:00 p.m. with extended voting hours on Thursday, April 27,2000 form 8:00 a.m. to 7:00 p.m. and Saturday, April 29, 2000 from 8:00 a.m. to 5:00 p.m. Section 4. Candidates may file for a place on the ballot beginning Monday, March 6, 2000 through Wednesday, April 5, 2000. Section 5. The City Secretary is hereby authorized and directed to publish and or post, in the time and manner prescribed by law, all notices required to be so published and or posted in connection with the conduct of this election. The Collin County Election contract shall designate the election judges for the joint election. Resolution No. Page 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Collin County, Texas, on this 22nd day of February, 2000. John Mondy, Mayor Attest: Barbara A Salinas, City Secretary WYLIE CITY COUNCIL AGENDA ITEM NO. L}. February 22, 2000 Issue Hold a public hearing to Consider and Act Upon a request from Cascade Compaines. L.L.C., for approval of a zone change from MF(Multi-Family);and B-1 (Business)to PD(Planned Development) for a master planned single family neighborhood for the property generally located along the east side of FM 1378 just north of the Newport Harbor Development and being all of a certain 50.576 acre tract out of the James McUlmury Survey,Abstract No. 629, and the WM. Burnett Survey,Abstract No. 56, City of Wylie, Collin County, Texas. Background The conceptual plan under consideration is for the proposed Cascades Addition. The applicant is requesting rezoning on 50.576 acres in order to develop the property with a master planned single family residential community. The property to the northwest is vacant and zoned for MF(Multi-Family)uses. The property to the north is not within the City of Wylie proper. The property to the south is zoned SF- 3 (Single Family Residential) and developed accordingly with single family homes. The property to the west is zoned PD(Planned Development)for a master planned single family development. The property to the east is not within the City of Wylie proper. Public Comment Forms were mailed to sixty-four(64)property owners within 200 feet of this request. Two(2) Public Comment Forms in opposition and three(3)Public Comment Forms in support have been returned. The opposition represents 1.01% of the property within 200 feet of this request. Other Considerations • The Comprehensive Plan recommends Country Residential(1 acre single family)uses for the property. The proposed land use is consistent with the Comprehensive Plan only in terms of the single family residential aspect. Specifically,the applicant is proposing a density of 2.75 dwelling units per acre(minimum lot size of 8,500 sq. ft.). The applicant is also proposing a cascading pond parkland dedication encompassing 4.4 acres(2.43 acres of useable area outside of the pond). Although the Comprehensive Plan recommends 1 acre lots for this property, staff is of the opinion that the elimination of the multi-family zoning significantly reduces the allowable density of the area. Specifically,the property is currently zoned for multi-family uses and, therefore, could be developed(by right)at a density of fifteen(15) dwelling units per acre. • The applicant is filing this PD in order to ensure a quality development and request an amendment to the Comprehensive Plan. The following tables provide a summary of the development standards being proposed. Proposed Development Standards Proposed Required fl)r SF-2 Lot Area 8,500 sq. ft. minimum 8,500 sq. ft. Front Yard 25 ft. 25 ft. Rear Yard 25 ft. 25 ft Side ard Not less than 7 ft. on Not less than 6 ft. on each side of the lot and each side of the lot and 20 ft. for side yards 20 ft. for side yards adjacent to a side street. adjacent to a side street. Afrriimum'Lot 100 ft. 100 ft. Depth Minimum Lot 60 ft. 60 ft. Width f Roofpitch 6:12 None required Rouse Flevatkm No house elevation No regulations shall be constructed adjacent to each other, directly opposite a like elevation, or in the same cul-de-sac. Landscaping Min. of 6"total None required diameter of tree(s) (18) 3 gallon shrubs Grass sod front yard Exterior Wall 75%masonry veneer, 75%masonry Materl such as brick, stone or stucco. Minimum 1,800 sq. ft. 1,500 sq. ft. dwell • The applicant is incorporating approximately 4.4 acres of dedicated public park(2.43 acres of useable area outside of the ponds). At the January 10, 2000, Parks Board meeting,the Board recommend approval of this case subject to additional access easements being incorporated,that the hike&bike trial around the ponds be built in concrete, and the provision of a playground and picnic area(see attached memorandum form Mindy Manson,Assistant City Manager). Also, please note staff took this case back to the Board and asked them to consider the issue of off- street parking identified by the Commission. The Board did not change their original recommendation. • Additional features being proposed are jogging paths and a cascading pond system engineered to City specifications. Specifically,ponds will provide drainage improvements to the area and serve as an aesthetic amenity to the development. • The applicant is proposing a divided and landscaped entry way to FM 1378. • The applicant is aware that a development plan,preliminary plat and final plat must be approved prior to the issuance of building permits. Financial Considerations Rezoning application fee in the amount of$400.00- Paid Board/Commission Recommendation At the February 2, 2000, Planning and Zoning Commission meeting,the Commission voted by 3-2 to recommend approval of this case. Commissioner George was absent, Commissioner Schmader abstained, and Commissioner's Hogue and Wood voted nay. Specific concerns identified by the Commissioners voting nay were as follows: 1. Traffic along FM 1378; 2. Drainage; 3. Conflict with the Comprehensive Land Use Plan; 4. No off-street parking provided for the park dedication; 5. Proposed gravel jogging path; 6. Water pressure; and 7. Ingress/Egress Staff Recommendation Approval due to the fact that the proposed density and development standards significantly reduce the overall density permitted by right. The Departments of Public Works,Fire, and Development Services concur with this recommendation. City Council Update: At the February 8, 2000, City Council Meeting,the Council tabled this case in order to allow the applicant an opportunity to address concerns identified by the Council. The applicant will be presenting a new Conceptual Plan at the meeting_ Attachments Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Comment Forms Public Hearing Notice Zoning Change Application Proposed Land Data Conceptual Plan 10bi Th 68-0413', Prepared bye Revi ed by Finance City Manager Approval ------- H pp Rood _ F.14_ 514 1.2:1\--r--- LJI — — I 2 ' I ER CITY LIMITS ,� �_ 111 IA SUBJECTIlk auIIm„!!. %,%%% l►�na, gum►1ui►.0O ,►„I1111M\ PROPERTY .11 1s,,.•� - 1..• _-.,11 LI■ullu " '%St‘ 00111111►► G, IwIIIIIIIIIIII0 �,, 0,,,u{iufl� ■I1III1iil11►►►�4��toil' hhi � 11IIt11N1111U�"0$1�► 11111l!1l1►F • lnui 11110 $01 1 111 iiuuriu .uI I 0•orii i1ui i moli.u"nuulu111N�ilutitinu t``- (Till mil= Ill ] ) 0 1 ----j IIIItII n liI1 II IIII :it I I , / LOCATION MAP .... 11 1 1 , . . . �� _ [E 14 ZONING CASE #99-14 /\ v _.._.._.._.._.._.._.._.._..J i i ,"-400' Lakewa ! i i A ! ! i ! ! i i _.._. ---------- _. _.._.._.._.._.._.._.._.._.._.._.._.._.._. _ _.._..� mo.._ Outside � � � �..- City Limits 1 A .._.._ ------------ . _.._. i... MFi Outside City Limits .. In . ._._.._.._.._ PD N---immiNimit st nc - . iiiril I i 1k. .1&%)V • nc or riv lop +'ll* • � �i 1111111111111** ._ ...-. ZONING AREA MAP nnP � , ZONING CASE #99- 14 i i i. v a ewaY j H 1"-400' i j i i. i L i1 j i Bcs,4or University Medical SUBJECT PROPERTY _.._.. Center Foundation R-6629-000-0050-1 R-6629-000-00.>al i I 63 I F.Veninga i R-6716-002-0280-1 i i CO i i 8759 61 4 56 7891011121314 ; %MN 0rIV' Ct. "fATATAT_ aillij: 10,D ��n 6• 36 38 40 41 43 45ii, lkTitle c! IIli1 G. 353739 iinal* ,twilli , i _ nc or iligt111111111*6t* , I-1_ 4 PROPERTY OWNER NOTIFICATION MAP -iP t IIPI( ( AQP .044-1 tl NOTIFICATION REPORT APPLICANT: Cascade Companies, LLC APPLICATION FILE # 99-14 5949 Sherry Lane #1225 Dallas, Tx 75225 # BLK/ABST ' LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Baylor University Medical 2625 Elm Street#110 1 Abst 629 Tract 5 R-6629-000-0050-1 Center Foundation Dallas, Texas 75226-1453 2000 Hwy. 78 North 2 Abst 629 Tract 10 R-6629-000-0100-1 City of Wylie Wylie, Texas 75098 5531 Ursula Lane 3 Abst 716-2 Tract 28 R-6716-002-0280-1 Dr. Frederick Veninga Dallas, Texas 75229-6427 Newport Harbor 1526 Schooner Bay Drive 4 Lot 1 Blk 15 R-2273-015-0010-1 Paul Holser Wylie, Texas 75098 Newport Harbor 1524 Schooner Bay Drive 5 Lot 2 Blk 15 R-2273-015-0020-1 Thomas Madden, Jr. Wylie, Texas 75098 Newport Harbor 2414 Blue Cypress Drive 6 Lot 3 BIk 15 R-2273-015-0030-1 David Milligan Richardson, Texas 75082-3351 Newport Harbor 1520 Schooner Bay Drive 7 Lot 4 BIk 15 R-2273-015-0040-1 Gene Marshall Wylie, Texas 75098 Newport Harbor 1518 Schooner Bay Drive 8 Lot 5 Blk 15 R-2273-015-0050-1 Gary Peters Wylie, Texas 75098 Newport Harbor 1516 Schooner Bay Drive 9 Lot 6 Blk 15 R-2273-015-0060-1 Buffy Parker Wylie, Texas 75098 Newport Harbor 1514 Schooner Bay Drive 10 Lot 7 Blk 15 R-2273-015-0070-1 Glen Meeks Wylie, Texas 75098 Newport Harbor 1512 Schooner Bay Drive 11 Lot 8 Blk 15 R-2273-015-0080-1 Ronald Ward Wylie, Texas 75098 Newport Harbor 1510 Schooner Bay Drive 12 Lot 9 Blk 15 R-2273-015-0090-1 Michael Batten Wylie, Texas 75098 Newport Harbor 1508 Schooner Bay Drive 13 Lot 10 Blk 15 R-2273-015-0100-1 Curtis McConnell Wylie, Texas 75098 Newport Harbor 1506 Schooner Bay Drive 14 Lot 11 Blk 15 R-2273-015-0110-1 Judith Cole Wylie, Texas 75098 Newport Harbor 1504 Schooner Bay Drive 15 Lot 12 Blk 15 R-2273-015-0120-1 Randy LaJaunie Wylie, Texas 75098 Newport Harbor 1502 Schooner Bay Drive 16 Lot 13 BIk 15 R-2273-015-0130-1 Floyd Cowart Wylie, Texas 75098 Newport Harbor 1500 Schooner Bay Drive 17 Lot 14 BIk 15 R-2273-015-0140-1 William Stokes Wylie, Texas 75098 Newport Harbor 1416 Anchor Drive 18 Lot 15 BIk 15 R-2273-015-0150-1 Munawar Soomro Wylie, Texas 75098 Newport Harbor 1414 Anchor Drive 19 Lot 16 BIk 15 R-2273-015-0160-1 William Love Wylie, Texas 75098 Newport Harbor 1412 Anchor Drive 20 Lot 17 BIk 15 R-2273-015-0170-1 Patricia Askew Wylie, Texas 75098 Newport Harbor 1410 Anchor Drive 21 Lot 18 Blk 15 R-2273-015-0180-1 Carsten Schmidt Wylie, Texas 75098 Newport Harbor 1408 Anchor Drive 22 Lot 19 BIk 15 _ R-2273-015-0190-1 William Howard Wylie, Texas 75098 Newport Harbor 1406 Anchor Drive 23 Lot 20 Bik 15 R-2273-015-0200-1 Scoff Ames Wylie, Texas 75098 Newport Harbor Travis Potter & 1404 Anchor Drive 24 Lot 21 BIk 15 R-2273-015-0210-1 Rosa Goodwin Wylie, Texas 75098 Newport Harbor 1402 Anchor Drive 25 Lot 22 BIk 15 R-2273-015-0220-1 Leonard Abraham Wylie, Texas 75098 Newport Harbor Charles Osborne & 1400 Anchor Drive 26 Lot 23 Blk 15 R-2273-015-0230-1 Tracy Tippin Wylie, Texas 75098 Newport Harbor 1312 Anchor Drive 27 Lot 24 Blk 15 R-2273-015-0240-1 Kenneth Laughlin Wylie, Texas 75098 Newport Harbor 1310 Anchor Drive 28 Lot 25 BIk 15 R-2273-015-0250-1 Mildred Crawley Wylie, Texas 75098 Newport Harbor 1308 Anchor Drive 29 Lot 26 BIk 15 _ R-2273-015-0260-1 Patrick Schmader Wylie, Texas 75098 Newport Harbor 1306 Anchor Drive 30 Lot 27 BIk 15 R-2273-015-0270-1 Dean Winchester Wylie, Texas 75098 Newport Harbor 1304 Anchor Drive 31 Lot 28 BIk 15 R-2273-015-0280-1 Lance Winger Wylie, Texas 75098 Newport Harbor 1302 Anchor Drive 32 Lot 29 Blk 15 R-2273-015-0290-1 Harold Isom Wylie, Texas 75098 Newport Harbor 1300 Anchor Drive 33 Lot 30 BIk 15 R-2273-015-0300-1 Bonnie Hall Wylie, Texas 75098 Newport Harbor 1222 Anchor Drive 34 Lot 31 BIk 15 R-2273-015-0310-1 Todd Hauth Wylie, Texas 75098 Newport Harbor 1521 Schooner Bay 35 Lot 1 BIk 14 R-2273-014-0010-1 Jerry Throgmorton Wylie, Texas 75098 Newport Harbor 1519 Schooner Bay 36 Lot 2 BIk 14 R-2273-014-0020-1 Patrick Cooper Wylie, Texas 75098 Newport Harbor 1517 Schooner Bay 37 Lot 3 Blk 14 R-2273-014-0030-1 Billy Shouse Wylie, Texas 75098 Newport Harbor 1515 Schooner Bay 38 Lot 4 Blk 14 R-2273-014-0040-1 Melissa Jensen Wylie, Texas 75098 Newport Harbor 1513 Schooner Bay 39 Lot 5 BIk 14 R-2273-014-0050-1 Ronald Rustad Wylie, Texas 75098 Newport Harbor 1511 Schooner Bay 40 Lot 6 BIk 14 R-2273-014-0060-1 Phillip McKinney Wylie, Texas 75098 Newport Harbor 1509 Schooner Bay 41 Lot 7 BIk 14 R-2273-014-0070-1 B.L. Smith Wylie, Texas 75098 Newport Harbor 1507 Schooner Bay 42 Lot 8 Blk 14 R-2273-014-0080-1 Johnnie Seeley Wylie, Texas 75098 Newport Harbor 1505 Schooner Bay 43 Lot 9 BIk 14 R-2273-014-0090-1 Stephen Phillips Wylie, Texas 75098 Newport Harbor 1503 Schooner Bay 44 Lot 10 Blk 14 R-2273-014-0100-1 Lance Rust Wylie, Texas 75098 Newport Harbor 1501 Schooner Bay 45 Lot 11 BIk 14 R-2273-014-0110-1 Bruce Currin Wylie, Texas 75098 Newport Harbor 1500 Anchor Drive 46 Lot 12 BIk 14 R-2273-014-0120-1 Michael Miller Wylie, Texas 75098 Newport Harbor 1411 Anchor Drive 47 Lot 3 Blk 12 R-2273-012-0030-1 Brian Enoch Wylie, Texas 75098 Newport Harbor 1409 Anchor Drive 48 Lot 4 BIk 12 R-2273-012-0040-1 Stephen Binford Wylie, Texas 75098 Newport Harbor 1407 Anchor Drive 49 Lot 5 BIk 12 R-2273-012-0050-1 Robert Pearson Wylie, Texas 75098 Newport Harbor 1405 Anchor Drive 50 Lot 6 Blk 12 R-2273-012-0060-1 Michael Simmons Wylie, Texas 75098 Newport Harbor 1403 Anchor Drive 51 Lot 7 BIk 12 R-2273-012-0070-1 Curtis Moore Wylie, Texas 75098 Newport Harbor 1401 Anchor Drive 52 Lot 8 BIk 12 R-2273-012-0080-1 Chris Church Wylie, Texas 75098 Newport Harbor 1315 Anchor Drive 53 Lot 9 Blk 12 R-2273-012-0090-1 Charles Evans Wylie, Texas 75098 Newport Harbor 1313 Anchor Drive 54 Lot 10 Blk 12 R-2273-012-0100-1 Craig Nichols Wylie, Texas 75098 Newport Harbor 1311 Anchor Drive 55 Lot 11 BIk 12 R-2273-012-0110-1 Michael Meeks Wylie, Texas 75098 Newport Harbor 1220 Anchor Drive 56 Lot 1 BIk 10 R-3830-010-0010-1 Jose Marichalar Wylie, Texas 75098 Newport Harbor 1218 Anchor Drive 57 Lot 2 Blk 10 R-3830-010-0020-1 Chet Hodges Wylie, Texas 75098 Newport Harbor Sue Masterson & 1216 Anchor Drive 58 Lot 3 Blk 10 R-3830-010-0030-1 Robert Ulbik Wylie, Texas 75098 Newport Harbor 1214 Anchor Drive 59 Lot 4 BIk 10 R-3830-010-0040-1 John Cornelison Wylie, Texas 75098 Newport Harbor 1212 Anchor Drive 60 Lot 5 BIk 10 R-3830-010-0050-1 Charles Chubb Wylie, Texas 75098 Newport Harbor 1210 Anchor Drive 61 Lot 6 BIk 10 R-3830-010-0060-1 David Plumlee Wylie, Texas 75098 Newport Harbor 1208Anchor Drive 62 Lot 7 BIk 10 R-3830-010-0070-1 Jack Gates Wylie, Texas 75098 Collin County 210 S. McDonald Street 63 FM 1378 Commissioners Court McKinney, Texas 75069 Applicant 5949 Sherry Lane #1225 64 Abst 629 Tract 5 R-6629-000-0050-1 Cascade Companies, LLC Dallas, Texas 75225 PUBLIC COMMENT FORM RECEIVED (Please type or use black ink) JAN 2 0 2000 Department of Planning 2000 Highway 78 North CITY OF W Y L I E Wylie,Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#99-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#99-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 18,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2000,7:00 pm Municipal Complex,2000 Highway 78 North.Wylie,Texas Name: �1 l,(.Qir h l2 be_ (please print) Address: /SD 6, _/'1 . i ' l ' 77I it,/ Wylie Tax Account Number (if shown on enclosed map): Signature: - a e....41.-h _., ,Id-1 3- o/s---- D//er)--/ Date: / / 7- 4 Q COMMENTS: Li lkitZ1-74C4( Vtilt.¢ V-te4-A-Z- t-41-/Q-1-41-4/ /110*% IA.1-122-e(, L....---y„.41._ )e)-7-"4.....) . t 6 --- 1- 1 _.) .0/2---) zpil y 4Ltp- Lecel;r-i ,t -4-7,<_))___„2_ k(i44412-, ,.) -1_41 q4eti- 44 e)--71.-1.- PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie.Texas 75098 I am FOR the requested zoning as explained on the attached public notice for Zoning Case#99-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#99-14. Date,Location&Time of Planning&Zoning Tuesday,January 18,2000,7:00 pm Municipal Complex,2000 Highway Commission meeting: 78 North,Wylie,Texas wa y Date,Location&Time of City Council meeting: Tuesday,January 25,2000,7:00 pm 78 North,Wylie,Texas ' Municipal Complex,2000 Highway Name: Z• -f (please print) Address: O Wylie Tax Account Number ��,�� (if shown on enclosed map): Signature: - /a"e e--— ` Date: i • 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#99-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#99-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 18,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas � Name: P v (please print) Address: j 0 4 ' l-1 v l2 D Y Sic Wylie Tax Account Number v �� n �n_ (if shown on enclosed map): ` f 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#99-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#99-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 18,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2000,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: l CC CoN � 4 es (please print) Address: \Ds v' `C V'�IC1 C Wylie Tax Account Number 3p 3 - G�20 (if shown on enclosed map): 0 Signature: Date: \ — D COMMENTS: 3111114 PUBLIC COMMENT FORM (Please type or use black ink) RECEIVED Department of Planning JA N 2 0 2000 2000 Highway 78 North Wylie.Texas 75098 CITY OF WY L I E I am FOR the requested zoning as explained on the attached public notice for Zoning Case#99-14. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#99-14. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,January 18.2000, 7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 25,2000,7:00 pm Municipal Complex,2000 Highway 78 North.Wylie,Texas en Name: :I )D tl-. L � I'{{ (please print) u f, +� Address: t, 0 0 A-kit l 1 tt 9( i t V o � i ( T O Wylie Tax Account Number 72D - 7 o Q t (if shown on enclosed map): Signature: Date: t COMMENTS; ^camNvu.Q - 1/4cLOUtrYuA,u () fiertic(et t(7S - NOTICE OF PUBLIC HEARING PLANNING AND ZONING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 99-14 Applicant: Cascade Compaines,L.L.C.Attn: Randy Nolan Location: Generally located along the east side of FM 1378 just north of the Newport Harbor Development Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: MF&B-1 (Multi-Family and Buisness) Requested Zoning: PD(Planned Development) Proposed master planned community with density variance. Specifically,master planned single family residential homes with a minimum lot size of 8,500 sq. ft. This public hearing is held to consider the application as an amendment to the Comprehensive Zoning Ordinance of the City of Wylie,Texas and the Official Zoning Map. The request will be considered as follows: Planning and Zoning Commission: Tuesday,February 1,2000,7:00 PM City Council: Tuesday,February 8,2000,7:00 PM Each public hearing will be held at the following location: City Council Chambers of the Municipal Complex 2000 Highway 78 North,Wylie,Texas This notice has been sent to all owners of real property within 200 feet of the request,as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. If the Commission recommends denial,a three-fourths majority vote by the City Council shall be required for approval. Zoning districts,amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend,but wish to have your opinions made a part of the public record,please complete the enclosed form and return it prior to the public hearing. Please print your name,address of the property you own and the tax account number(if applicable)on the enclosed form and return it to the following address: City of Wylie Department of Planning 2000 Highway 78 North Wylie,TX 75098 If the property owners of 20%or more of the land within the 200 foot notification area file a written protest prior to the public hearing,state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on file for public examination in the Planning Department at 2000 Highway 78 North,Wylie,Texas. For additional information,please contact the Planning Department at 972/442-8150. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handicapped parking spaces are available. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at(972)442-8103, or(TDD)(972)442-8170 for assistance. Ipe...._ -to be responsible stews*of tlw pith&trust.so strive for e ceflvacs. to Poshlio Davy"coed R APPLICATION FORA CHANGE IN ZONING Zoning Case No. (PLEASE TYPE OR PRIM) By The lica>' The Following Information To Be Supplied Name: •CASCADE COMPANIES, L L c Conte Person: C T Bec'.khaaII or Address: 5949 Sherry Ln #1225 City: Dallas State: Tx Zip: 7 214-368-2223 Fax:: 214-368-8375 E- Telephone: / i >edcham _liChaizman 1 The Following Information To Be Supplied By The Owner: Name: BAYID HEALTH CARE • Address: 3600 Gaston Ave 100 Barnett Tower Dallas State: TX zip: 75246 City: 214-820-3136 Fax::214-820-7092 F E-Mai Telephone:______-.--_ Cascade Cc pani-eS• L L C I Am The Owner Of The Herein Described Property, And Is Authorized To File This Application On My Behalf , '-'7-1"---g '-441 "--P giciphco s. meal signature of owner &4 NEB oturs 'ad Location of Request_ Jam ?McU1nurrY Survey. A-629; Collin .Cci ty; Texas Existing Zoning: Multi-Family 'Requested Zoning: Planned Unit Deveiopuent (ce) 'lb develop single family residential and provide drainage facilities Explanation: ie All requests shall be advertised or the rreegitesud disetty of ct and/or any other district which Is more restrictive by area requirements,land use and height. A legal description of tbe property for which the zoning change is requested must be completed as"EXHIBIT An and attached the pointhereto. The description shall include tic distance and bearing of of beginning from the nearest' ctI V • Use a TYPEWRITER and sign where indicated. k L L'ncit L ;�c;m�t oPPtdoc Receipt No. . $ • .. . - •TWC-': • ,� a4: �. iDate Filed: • • . . ,; �Y ,, .,; • �Peti Plat: ' • -Y., .., CITY OF WYLIE City of Wylie,Development Services Department 2000 HIghwayy 78 North y Wylie,Texas 75098y 972-442-8150y 972-442-8154 Fax EXHIBIT "A" G, LEGAL DESCRIPTION OF AREA OF REQUEST IN ZONING CASE NO. /4 BEING, A TRACT OF LAND SITUATED IN THE JAMES McULMURRY SURVEY, ABSTRACT NO. 629 AND THE WM. BURNETT SURVEY, ABSTRACT NO. 56, CITY OF WYLIE, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF THAT TRACT AS CONVEYED TO BAYLOR UNIVERSITY MEDICAL CENTER FOUNDATION AS RECORDED IN VOLUME 3756, PAGE 115, AND BEING ALL OF THAT 6.494 ACRE TRACT AS RECORDED IN VOLUME 1169, PAGES 656 AND 660, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING, AT A 1/2" IRON ROD FOUND AT A POINT ON THE EASTERLY LINE OF F.M. ROAD NO. 1378, SAID POINT BEING THE NORTHWESTERLY CORNER OF NEWPORT HARBOR, PHASE ONE, AN ADDITION TO THE CITY OF WYLIE, AS RECORDED IN CABINET G, SLIDE 224 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS; THENCE, ALONG THE EASTERLY LINE OF F.M. ROAD NO. 1378, THE FOLLOWING: NORTH 07°13'28" EAST, A DISTANCE OF 75.77 FEET TO A 1/2" IRON ROD SET AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 07°29'15" AND A RADIUS OF 1954.86 FEET; AROUND SAID CURVE, AN ARC DISTANCE OF 255.46 FEET TO A 1/2" IRON ROD SET AT THE END OF SAID CURVE; NORTH 00°15'47" WEST, A DISTANCE OF 159.86 FEET TO A 1/2" IRON ROD SET; THENCE, SOUTH 89°56'02" EAST, LEAVING THE EASTERLY LINE OF F.M. ROAD NO. 1378, A DISTANCE OF 662.80 FEET TO A 1/2" IRON ROD SET AT THE BEGINNING OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 23°28'08" AND A RADIUS OF 820.00 FEET; AROUND SAID CURVE, AN ARC DISTANCE OF 335.88 FEET TO A POINT; THENCE, NORTH 23°02'10" EAST, A DISTANCE OF 585.67 FEET TO A 1/2" IRON ROD SET ON THE SOUTHERLY LINE OF A TRACT AS CONVEYED TO STEPHAN VAN GEE AND WIFE, BEVERLY VAN GEE AS RECORDED IN VOLUME 3051, PAGE 570, OF SAID DEED RECORDS; THENCE, NORTH 89°03'06" EAST, ALONG THE SOUTHERLY LINE OF SAID VAN GEE TRACT, A DISTANCE OF 228.56 FEET TO A 3/8" IRON ROD FOUND AT THE SOUTHEAST CORNER OF SAID VAN GEE TRACT, SAME BEING THE SOUTHWEST CORNER OF A 6.494 ACRE TRACT AS RECORDED IN VOLUME 1169, PAGE 656 AND VOLUME 1169, PAGE 660, OF SAID DEED RECORDS; Page 1 of 3 THENCE, NORTH 00°02'06" EAST, ALONG THE WESTERLY LINE OF SAID 6.494 ACRE TRACT, A DISTANCE OF 337.89 FEET TO A POINT AT THE NORTHWEST CORNER OF SAME; THENCE,NORTH 89°58'37" EAST, ALONG THE NORTHERLY LINE OF SAID 6.494 ACRE TRACT, A DISTANCE OF 843.69 TO A POINT AT THE NORTHEAST CORNER OF SAME; THENCE, SOUTH 00° „ 3105 EAST, ALONG THE EAST LINE OF SAID 6.494 ACRE TRACT, A DISTANCE OF 331.86 FEET TO A R.R. SPIKE FOUND AT THE SOUTHEAST CORNER OF SAME; THENCE,NORTH 88°45'33" EAST, A DISTANCE OF 234.25 FEET TO AN AXLE FOUND AT THE NORTHEAST CORNER OF SAID BAYLOR TRACT; THENCE, SOUTH 00°15 04„ WEST, ALONG THE EASTERLY LINE OF SAID BAYLOR TRACT, A DISTANCE OF 962.43 FEET TO A 60D NAIL FOUND AT THE SOUTHEAST CORNER OF SAME; THENCE, SOUTH 88°26'37" WEST, A DISTANCE OF 563.72 FEET TO A 1/2" IRON ROD FOUND AT THE SOUTHEAST CORNER OF A CALLED 1.1692 ACRE TRACT AS CONVEYED TO THE CITY OF WYLIE AS RECORDED IN VOLUME 2471, PAGE 001, OF SAID DEED RECORDS; THENCE, ALONG THE COMMON LINE OF SAID BAYLOR TRACT WITH SAID CITY OF WYLIE TRACT, THE FOLLOWING: NORTH 36°52'40" WEST, A DISTANCE OF 212.73 FEET TO A 1/2" IRON ROD FOUND; SOUTH 89°58'35" WEST, A DISTANCE OF 82.60 FEET TO A 1/2" IRON ROD FOUND; SOUTH 54°03'30" WEST, A DISTANCE OF 161.79 FEET TO A 1/2" IRON ROD FOUND; SOUTH 00°03'07" EAST, A DISTANCE OF 104.89 FEET TO A 1/2" IRON ROD FOUND ON THE NORTHERLY LINE OF SAID NEWPORT HARBOR, PHASE ONE; THENCE, ALONG THE SAID NORTHERLY LINE OF NEWPORT HARBOR,PHASE ONE, THE FOLLOWING: THE BEGINNING OF A CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 12°24'44" AND A RADIUS OF 1721.18 FEET; AROUND SAID CURVE, AN ARC DISTANCE OF 372.87 FEET TO A 1/2" IRON ROD SET AT THE BEGINNING OF A COMPOUND CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 09°06'46" AND A RADIUS OF 1750.35 FEET; AROUND SAID CURVE, AN ARC DISTANCE OF 278.39 FEET TO A 1/2" IRON ROD SET AT THE BEGINNING OF A REVERSE CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 80°59'20" Page 2 of 3 AND A RADIUS OF 40.00 FEET; AROUND SAID CURVE, AN ARC DISTANCE OF 56.54 FEET TO A 1/2" IRON ROD SET AT THE BEGINNING OF A REVERSE CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 56°56'09" AND A RADIUS OF 330.00 FEET; AROUND SAID CURVE, AN ARC DISTANCE OF 327.93 FEET TO A 1/2" IRON ROD FOUND AT THE END OF SAID CURVE; NORTH 89°56'02" WEST, A DISTANCE OF 686.41 FEET TO THE POINT OF BEGINNING AND CONTAINING 50.576 ACRES OF LAND. Page 3 of 3 01-05-00 04:44PM FROM-WILLS BEILUE BECKHAM REGENT 2143688375 T-707 P 01/01 F-741 graVEMMIEf l l 6 Colo p! . , ' „gl3fL4 Poona �$4 BAYLORHSALTH CARE SYSTEM f" q Z i Z $! leas FOUNDATION Kendall K.Holden Vi INdiskist Owic+bie Gift 6, Estate Roan guide* July 21, 1999 Mr. Tobin E. Maples, Director of Planning City of Wylie 2000 Highway 79 North Wylie, TX 75098 Dear Mr. Maples: • We are the current owners of 53.6 acres out of the James McUlmurray Survey, Abstract No. 629, in the City of Wylie, Collin County, Texas. The land is under contract to Cascade Companies, L.L.C., 5949 Sherry Lane 01225, Dallas, TX 75225. We are aware of the planning and engineering presently underway by Douphrate 8 Associates of Rockwall, Texas, engineers for Cascade Companies, L.L.C. This letter is to verify our authorization for Cascade Companies, L.L.C. to proceed with the subdivision of the above tract. Yours very truly, BUM FOUNDATI dall R. Holden ice President Charitable and Gift Estate Planning Division KRH:dv Liam you rcmanbja!Baylor Mcddh Clue intern in your will.' 1tg0 Owytun A•cnvc,S. 1C0.Mao.Taws 75246 Ill 4)n2t).7.1110 Fax 1114)8204092 TO:390d SL£889£bt2:O1 260L-028-*1Z NOI1UON1104 aO1 WB:WOd. 22:9T 66 T2-- The Cascades A Planned Unit Development Proposal For the City of Wylie, Texas January 10, 2000 j '/'° ( OP/ S. 61- 2 2 C . 4/0 ' qsAlr I y 1. General Concept The Cascades will be developed around a series of cascading constant level ponds providing a 4.4 acre park. The detention area for holding water before it is released not square footage. Th erea outside be above the constant level ponds and is determinedby volume, of the ponds is 2.43 acres. It is the developer's desire to dedicate this entire area as a park to the City of Wylie. The ponds will be engineered to the City of Wylie's specifications. The ponds and offsite drainage improvements are expected to provide the detention and release necessary to resolve the drainage problem that has occurred for the existing subdivision adjacent to the south. Normally, the water in each pond will cascade into the next lower pond, and then be pumped up to the highest pond and recirculated. This plan provides additional diverted to theoeast taccommodate a oidtinundarion of �eod. The additional water will be released slowly subdivision"downstream". A jogging trail will be developed which will lead to and around the pond park. Both the park and the jogging trail will be landscaped and provide an attractive and pleasing amenity to the home owners in the neighborhood. 2. Property Overview �"ihe Cascades is planned as a 154 lot single family subdivision on approximately 56 acres of land fronting the east side of FM 1378 (Country Club Rd.), in Wylie, Texas. The site borders the north boundary of the Newport Harbor addition. The site topography is level with FM 1378 for the western portion of the property but begins a gentle slope in a south easterly direction approximately 1,000 feet east of FM 1378. There are continuing problems during heavy rain run off for the Newport Harbor addition to the south of this property. This sensitive environmental area within the project site will be enriched and maintained and will become part of the native landscape of the project while at the same time mitigate the drainage problem occurring during high water levels. The site is currently zoned Multi-Family by the City of Wylie with a density of 15 units per acre. The proposed development is designed to accommodate 154 lots on 56 acres with a density of 2.75 single family lots per acre. No lot is less than 8,500 square feet. Due to the curvature of the streets and the cul de sacs,the lots vary in width and depth,however,minimum standards will be developed. 3. General Development Guidelines 1. Front wall- All wall construction materials facing FM 1378 shall be natural stone,brick, wrought iron or a combination of each. Added screening may be accomplished by plant material and landscaping. No wood fencing shall be used facing FM 1378 by the development,however, homeowners will be allowed to use wood fencing along FM 1378 on their lots. 2. Entry feature- The entry feature shall be of the same construction materials as the front wall, and shall be lighted. The entry shall have a split double lane on either side of a plant median approximately twelve feet wide at the widest point, and heavily landscaped. 3. Jogging/Nature Path -The jogging path will be five feet wide within a fifteen foot landscaped area between some of the lots. (See Jogging Trail Detail). The surface material for the path will be crushed rock built up between metal grass guards. The areas on either side of the five foot path will be landscaped with a 3"caliper live oak or equivalent tree planted every 40 feet along the trail. The running path will have the effect of winding in and out of the trees. Various stations along the path will be established for stretching, exercising or resting. The path to the ponds will provide an interesting and natural area for both joggers and strollers to make their way to the ponds and will be lighted with low level lights no higher than 4 feet. The path will open up at the pond area, and circle around the ponds to form a loop. Maintenance will be provided by the Home Owners Association. 4. Ponds- The cascading ponds will be the central focus of the development. This 4.4 acre area will not only be the main theme of the development around which the marketing will be based, but provides a most needed solution to an area drainage problem which has existed for years. Rather, than an open detention pit, this area will be engineered to not only provide for detention and release of water run of but also become a scenic park. This area will have a series of constant level ponds, stepped to provide a cascading effect from one pond to the next. The water will be recirculated via a pumping system from the lowest point back to the highest point to begin its cycle over. The pond area will be extensively landscaped with a minimum of 3"caliper live oak or equivalent tree planted every 40 feet. along the perimeter of the pond area. 5. Waiver of City Assessed Park Fees- The developers respectfully request the City grant a waiver of all park fees and accept the dedication of the 4.4 acre pond as a public park maintained by the City of Wylie. The land surface area not included in the ponds is 2.43 acres which satisfies the donation requirement of 1.5 acres per 100 dwelling units(Ord.99-6). 6.Maintenance- Streets,park, and utilities will be publicly maintained. Jogging path will be privately maintained by a home owners association. 4. Single Family Residential Regulations The lots shall generally conform to the City of Wylie SF-2 zoning classification except as noted below: 11.3 Area regulations. (1). Size of yards 1. Front yard. There shall be a front yard having a depth of not less than 25 feet as measured from the front property line. 2. Side yard There shall be a side yard on each side of the lot having a width of not less than 7 feet in width. A side yard adjacent to a side street shall not be less than 20 feet. 3. Rear yard. There shall be a rear yard, a depth of not less than 25 feet. (2). Size of Lot: 1. Lot area. No building shall be constructed on any lot of less than 8,500 square feet. 2. Lot width. The minimum width as measured at the front building line of the lot shall not be less than 60 feet. 3. Lot depth. The minimum depth of the lot shall be no less than 100 feet. C. Minimum dwelling size. The minimum floor area of any dwelling shall be 1,800 square feet exclusive of garages,breezeways and porches. 5. Additional Guidelines A.1. Exterior Wall Materials -A minimum of 75% of the dwelling's total exterior area, minus windows and doors, must be masonry veneer, such as brick, stone or stucco. A.2. Roofs- Roofs must be covered with composition material of at least 180 LB weight shingle and have a minimum pitch of 6:12. A.3. Fences and Walls- All lots in block C which open onto the pond area excepting lots 4,5,9 and 10 will use a wrought iron fence not to exceed 5 feet in height will be standard for all backyard fencing in this area and designated by the developer. Living not exceed hedges d7 fees may in yh be pl nted.The use of other lots may use wood, masonry or wrought iron butmay chain link fencing is prohibited. Railroad ties may not be used anywhere in block C or for a retaining wall visible from the street on any other lot. Any retaining walls in Block C will be of a uniform stone designated by the developer. A.4. Screening- The owner of a lot must screen the following items from the view of the public and neighboring lots and dwellings,if any of these items exist on the lot: 1. Clotheslines 2. Drying racks 3. Hanging clothes,linens,rugs and textiles of any kind 4. Yard maintenance equipment 5. Wood piles and compost piles 6. Accessory structures such as dog houses, gazebos, metal storage sheds and greenhouses 7. Garbage can and refuse containers except on City pickup days. 8. Roof mounted antenna and satellite dishes of more than 18" 9. Motor homes, campers, and large recreational vehicles. Plant material such as trees and bushes may be used for screening,however,they must be of sufficient size to provide the necessary screening when they are planted. A.5. House Elevation -No like house elevation shall be constructed adjacent to each other, directly opposite a like elevation, or in the same cul de sac. A.6. Landscaping- The following minimum landscape features shall be installed prior to the initial occupancy: 1. Trees - a minimum of 6 inches in total diameter shall be planted. This may be accomplished by one 6 inch tree or multiple trees whose diameters add up to at least 6 inches. Credit will be given to any lot having at least 6 inches of native trees in the front yard. 2. Shrubs- eighteen(18)3 gallon shrubs across the front of the house. 3. Grass - solid sod from fence to front curb. i •J JOGGING TRAIL DETAIL 15' ROW (: )4 Landscape Lighting (max. 4' ht.) S' JOGGING TRAIL 3 J 3 1 O /, w 15' ROW I o I 3' TREE EVERY 40' -I W/ LANDSCAPE UGHTINC a 0 a : i i I i j 1"-400' ! }.._.._.._.. .._..-. ! i La ewa ! i .1. I. 1 i • ! i / L..,.. / i VII" I / I j I I L. I I ' illik.fm rrTi—D 1 . i lima Illi‘m jitun 1 /: Iiiii��i iii�► ♦ Ott ,, t1 III PROTEST ANALYSISliii, ' �' ,,,�°�.4 � _.._.._.._.._.._.._.._.._. _.._.._.. MAP 'nc or ' 16111111 t� �, ZONING CASE #99-14 ♦ 1111111111,11** Ø11lliliIP within 200' 38.53 Acres �' TotalArea Ag ublectProperty) ""''� - ,it ♦ '‘111111111111t....rc�i • • ,, Total Area Protesting 0.38 Acres ' ,' �iIIIIIIIUII.i � mi LI WYLIE CITY COUNCIL AGENDA ITEM NO. 5. February 22, 2000 Issue Hold a Public Hearing and Act Upon a Final Plat for the Rush Creek Estates Phase II, 3rd Revision Addition,proposed by Jackson&Associates Land Surveyors, Incorporated for the property generally located along the north side of Rush Creek Drive between John Atkin and Pine Ridge, and being all of a Lots 14 and 15, Block A, of the Rush Creek Estates Phase II, City of Wylie, Collin County, Texas. Background The final plat under consideration is the Rush Creek Estates Phase II, 3rd Revision Addition, a replat of lots 14 & 15, Block A. The applicant is replatting two (2)lots into one(1)in order to develop the lot with a single family home. The property is currently vacant, zoned SF-3 (Single Family Residential), and platted as Lots 14 & 15, Block A, of the Rush Creek Estates, Phase II. Issues: • Staff has reviewed the proposed plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. • Due to the fact that the proposal under consideration is a replat of an existing subdivision zoned for residential uses, state law mandates that the City notify property owners within 200'in the original subdivision and hold a public hearing prior to taking action. Public Comment Forms were mailed to sixteen (16)property owners as required by state law. No Public Comment Forms have been returned. • The applicant is aware that all impact fees must be paid prior filing this plat with the county. Financial Considerations Plat Application fees- Paid Board/Commission Recommendation At the February 1, 2000, Planning and Zoning Commission meeting, the Commission recommended approval of this case. Staff Recommendation Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Final Plat Application Final Plat )11\.A1L (6.d(liv4) Prepared by L Revie by Finance City Manager Approval v / 0 -13 Douglas Ct. 73 = Rldge O R-1282-001- R. Orton 0110-1 • R-1643-002- 70 H.1lbbais Jr. 1111. 0070- R-1282-001- • G. Tobolka 0120-1 O R-1643-002- — . . 0080- H. Tlbbals, Jr. R-1643-001- . z H.Tlbbals Jr. 0130-1 • m R-1643-002- 77 0150-1 � �� , z n H.Tlbbals Jr. g C , � 0 D / R-1643-�2- ,,�-.;. :., -�� .. 1 0160-1 N,.,;,_,;......, 4,,, .)!-;,:- • . ;6,6 1 T DR Horton 0 R- 0170- 02- D. Reynolds • W. Geniry -1 R-1643-001-0160-1 I O R-1643-002- _) . z O 0180-1 H.1lbbals Jr. L. Lebanon R-1643-002- R-1643-001 0170-1 ' 4� o c n 0190-1 _ M. Archibald 1 I -� Dr i v e D. Gooch- � R-1643-001-0180- CD R-1643-002 0200-1 (0 1 NOTIFICATION REPORT APPLICANT: T.M. Trimble APPLICATION FILE # Replat Rush Creek Lots 14 & 15 507 Thomas Street Wylie, Texas 75098 . # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Rush Creek P.O. Box 359 1 A Lot 11 R-1282-001-0110-1 Castle Ridge Homes Rowlett, Texas 75030-0359 Rush Creek P.O. Box 518 2 A 12 R-1282-001-0120-1 Harry Tibbals, Jr. Wylie, Texas 75098 Rush Creek P.O. Box 518 3 A 13 R-1643-001-0130-1 Harry Tibbals, Jr. Wylie, Texas 75098 Rush Creek Applicant P.O. Box 581 4 A 14 R-1643-001-0140-1 Terrill Tibbals, Jr. Wylie, Texas 75098 Rush Creek Applicant P.O. Box 581 5 A 15 R-1643-001-0150-1 Terrill Tibbals, Jr. Wylie, Texas 75098 Rush Creek 305 Tanglewood 6 A 16 R-1643-001-0160-1 Daniel Reynolds Wylie, Texas 75098 Rush Creek P.O. Box 518 7 A 17 R-1643-001-0170-1 Harry Tibbals, Jr. Wylie, Texas 75098 Rush Creek 2121 Los Rios Blvd 8 A 18 R-1643-001-0180-1 Michael Archibald Plano, Texas 75074-3815 Rush Creek 6546 SE Royce Court 9 B 7 R-1282-002-0070-1 Rande Orton Hillsboro, OR 97123-3687 Rush Creek P.O. Box 2181 10 B 8 R-1282-002-0080-1 Gary Tobolka Wylie, Texas 75098 Rush Creek P.O. Box 518 11 B 15 R-1643-002-0150-1 Harry Tibbals, Jr. Wylie, Texas 75098 Rush Creek P.O. Box 518 12 B 16 R-1643-002-0160-1 Harry Tibbals, Jr. Wylie, Texas 75098 Rush Creek 1901 Ascension Blvd #200 13 B 17 R-1643-002-0170-1 DR Horton Texas Ltd. Arlington, Texas 76006-6521 Rush Creek 222 Rush Creek Drive 14 B 18 R-1643-002-0180-1 Wanda Gentry Wylie, Texas 75098 Rush Creek 224 Rush Creek Drive 15 B 19 R-1643-002-0190-1 Layne Lebaron Wylie, Texas 75098 Rush Creek 300 Rush Creek Drive 16 B 20 R-1643-002-0200-1 David Gooch Wylie, Texas 75098 PUBLIC NOTICE FOR Rush Creek Estates, Phase II, 3rd Revision PUBLIC NOTICE BEFORE THE PLANNING AND ZONING COMMISSION OF THE CITY OF WYLIE, TEXAS AND THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, TO CONSIDER RESUBDIVISION OR REPLATTING OF RECORDED SUBDIVISION WITHIN THE CITY LIMITS OF WYLIE, COLLIN COUNTY, TEXAS. Notice is hereby given that the following public hearings to consider resubdivision or replatting of a recorded subdivision as hereinafter described will be held in the City Council Chambers of the Municipal Complex, 2000 Highway 78 North, Wylie, Texas: Planning & Zoning Commission: 7:00 PM, February 1, 2000 City Council: 7:00 PM, February 22, 2000 Being Lots 14 and 15 of Rush Creek Estates Phase II. This property is generally located along the north side of Rush Creek Drive between John Atkin and Pine Ridge. Section(3), Subsection(c): If the proposed is protested in accordance with this subsection, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of all members of the municipal planning commission or governing body, or both. For a legal protest, written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the municipal planning commission or governing body, or both, prior to the close of the public hearing. All citizens or interested parties desiring to be heard concerning this replat may speak. The application and documents are on file for public examination in the Department of Planning, 2000 Highway 78 North, Wylie, Texas Tobin E. Maples Director of Development Services Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date: 11-30-99 Name of Proposed Development Rush Creek Estates, Phase II, 3rd Revision Name of Property Owner/Developer T.M. Trimble Address 507 Thomas Street, Wylie, Texas 75098 Phone (972) 442-4484 Owner of Record T.M. Trimble Address 507 Thomas Street, Wylie, Texas 75098 Phone (972) 442-4484 Name of Land Planner Jackson and Associates Land Surveyors, Inc. Don Jackson Surveyor/Engineer Address 2600 W. F.M. Highway Wylie, Texas 75098 Phone (972)-442-4045 Total Acreage 0.487 acres Current Zoning SF3 Numbers of Lots/Units 1 lot Signed The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. , . ii•000"--- %. %. / .." \ .., .,.. 1 e. \ \ \ i .0 s\A \\\0•\ ; \ .i• N...' ,- ‘. .../. ..1,-.' ." .1. ......_____ \ \ " i \ \ ) ., \ ‘ .' / .; .,• .,. •.) • ., / • i ,..-- () i i .,.. ,..,..-• \.„\o• \ .,-- \ SUBJECT PROPERTY i .,. ). .. -•. •. ,.. . t.;‹, ., ....) \ .,.. i / ( U. c-jc- .i ce 1 i \ 1 i ,.."-Cr \ i .,..". ,-. Z \ East gown . trp- ount Noad a03) ( iZe i i• i i I ? —.,, i i i m m • ,. ,! Err i , 1 . i . --11., i i Vino"! a-- a j i A .9; norrs..-E. ..: 1 MEMEL ! i i -E g 1111111111..t — —II i ! 'a 1 =111W:1.111.-ioir-T-. ——S re71 I A•11111111111 1 I i Pr Wr i I .. _. ._. It • Su Tr: \ \ c rrey Cirr.li Nd " Lena . .4 .- . A%11 ' 1 . r ee. • I. I, (toage NW • 7 S 41111111M1 1 \---\ — 5urrey Cicole t - - 7- .es __onoinvooli Fri I . S i _ . IS# <2' ' 1 lb ill rtel I I 011 , ed r age E U l:[1 E 7 SS Elrl -,. •bwO F .1 III Ili , e w od I I 1 1 a I —Lane f Foxy/acid Line t \_.., _ ,W411 \ \ ir co \ 0 .‘• 11 rii r PacIhroC, , Drive 1P1111 fIrrir _r_r_r_t_n_cin. ip • \. . !_,, , „ „ „ , ,,,,,ca--", d ' \.• LOCATION MAP WYLIE CITY COUNCIL AGENDA ITEM NO. (o . February 22, 2000 Issue Consider and Act Upon a Final Plat for Phase II of the Lakeside Estates Addition,proposed by Carter &Burgess for the property generally located at the northeast corner of FM 544 and Springwell Parkway along the north side of the railroad, and being all of a certain 28.770 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Background The final plat under consideration is the Lakeside Estates Phase II addition. The applicant is final platting 28.77 acres in order to develop the property with 138 single family lots. The property is currently vacant, unplatted, and zoned PD(Planned Development)for single family uses. Issues: • Staff has reviewed the final plat and found it to be in compliance with the Zoning regulations and other pertinent ordinances of the City of Wylie. Specifically,the proposed development complies with all applicable zoning, landscaping,parking screening, sidewalk, lighting, and access codes. • The applicant is aware that all impact and development inspection fees must be paid prior to filing this plat with the county. Financial Considerations Plat application fee- Paid Board/Commission Recommendation At the February 1, 2000, Planning and Zoning Commission meeting, the Commission recommended approval of this case. Staff Recommendation Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments Final Plat Application Final Plat fin^ iy)2 �, 19191K,7KCLpetle' yr �a Prepared by " U /p R ' wed by Fina e City Manager Approval Sep 09 99 08: 19a City of Wlie-Comm Deve 972-442-8154 p. 2 L , Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date 09/03/99 Name of Proposed Development Lakeside Estates Phase II Name of Property ®nkxr/Developer G. Development 1431 Greenway Drive, Suite 710 Address Irving. Texas 7503R Phone (972) 751 1499 Owner of Record Pulte Homes of Texas, L.P. Gehan HOmes, Ltd. 1431 Greenway Drive, Suite 700 1101 North Union Bower Road., Suite 16( • Address Irving, Texas 75038 ftxxxx Irving, Texac 75n61 (972) 490-3255 (972) 579-5066 Name of Land Planner fartpr R, BurgpcS, Inc_ Surveyor/Engineer Address 7950 Elmbrook Drive, Suite 250 Phone (214) 638-0145 Dallas, Texas 75247-4961 Total Acreage 28.770 Current Zoning Plan Development Number of Lots/Units 138 • Signed s • The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Page 2 of 3 REDO SEP 0 8 1999 WYLIE CITY COUNCIL AGENDA ITEM NO. r1. February 22, 2000 Issue Consider and act upon approval of final acceptance of the construction 30" sewer relocation, and authorize final payment to Mid-Continent Excavation in the amount of$37,426.30 and accept the project as complete. Background On July 1, 1999,the Wylie City Council awarded a construction contract to Mid-Continent Excavation for the 30" sewer relocation project. The project involved the installation of approximately 2,500 total feet of sewer main at the old Service Center property. One change order was issued to install steel casing around the existing 12"water line located on the south side of FM 544 as required by the KCS railroad. Financial Consideration The original project amount was $361,850.00. The change orders brought the final payment contract price to $376,165.00. Other Consideration Acceptance by the City Council will initiate the one year warranty period in which the contractor is liable for any repairs which may be required in that time period. A provision in the contract provides that the warranty period begins on the date of final acceptance by the City. Board/Commission Recommendation N/A Staff Recommendation The Hogan Corporation and Staff recommend final acceptance of the project and the issuing of final payment to Mid-Continent Excavation in the amount of$37,426.30. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Letter from the Hogan Corporation Final Payment Request Contractor Affidavit of Final Payment and Release Consent of Surety A , anW f epared by Revi d by Finance City Manager Approval u1/YI/uu 14:3U 1-AA VeZ i U 4b:5:5 int. 1IU(.,..\ CUKYUKA1lU.\ IQj UU1 THE HOGAN CORPORATION Engineers • Planners • Consultants January 27,2000 • Mr. Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie,TX 75098 Attention: Jack Jones,Project Coordinator Re: 30"Sewer Relocation THC# 002-46.20 Dear Mr. Collins: We are submitting herewith for your review four(4)copies of this Final Progress Estimate for the construction work completed by Mid-Continent Excavation for the period from December 27, 1999 through January 18,2000,on the above referenced project. On December 18,1999 a final walkthrough was performed with representatives of Mid-Continent Excavation the City of Wylie, and The Hogan Corporation present. The items included in this final pay request have been reviewed and found to conform with the work actually performed. This final pay request includes the 10%retainage held on the revised contract amount. The Contractor has submitted a"Consent of Surety"from the bonding company as well as an "Affidavit of All Bills Paid." Copies of these documents are attached for your reference. Approval of the Final Pay Request and acceptance of the project will initiate the one year warranty period. With your approval of this Final Progress Estimate,please execute all copies,retain two(2)copies for your files.return one(1)copy to this office,and send one(1)copy toMid-Continent Excavation 118 National Dr.,Rockwall TX 75087,along with your remittance in the amount of$37,426.30 Yours very truly, THE HOGAN CORPORATION at:. /Lei", "se-, J. Chris Hoisted,P.E. AMember, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 Member, American Consulting Engineers Council • Dallas, Texas 75252 • TEL:(972)380-4645 FAX (972)380-4633 01/27/00 14:50 FAX 972 380 4633 1HE HOGA.\ CORPORATION gOU2 -- Application for Final Payment Owner: City of Wylie For Period From: December 27,1999 To: January 18,2000 Project Name: 30"Sewer Relocation Owner's Project No.: Engineer's Project No.: 002-46.20 Contactor. Mid-Continent Excavation Addreas: 118 National Drive Rockwall,TX 75027 CONTRACT AMOUNT CONTRACT TIME Amount of Contract as Awarded: $361,850.00 Contract Date: August 2,1999 Change Orders: Start Data: August 10,1999 #1 S14,315.00 Time Allotted: 60 cal.days N2 Time Extensions: 0 caL days #3 Revised Contract Time: 60 cal days Si Elapsed: 161.00 caL days Ns %Time Elapsed: 26833% NG Remaining: •101 cal.days Total Change Orden: S14,315.00 Total Adjusted Contract: 6376,165.00 • ESTIMATE SUKVIARY Amount Completed to Date: S374,263.00 Material on Hand: PROJECT TOT.4i..TO DATE: 99.49% S374,263.00 Less 10% Retainage: S0.00 Less Previous Payments: S336,136.70 Total Deductions: S336,136.70 (1.336,136.70) TOTAL AMOUNT DUE THIS ESTIMATE: $37,426.30 Roca m dad: Aeproved: / ll _ .u/ n4�"•� Q4.1 a .tJ Y 8YC \ I/. 1/00 I—fir— 0 0 Dam Dace: Engineer Orr of Wylle 1/17100 Page 1 App for Fad Pay Est--Mid oatinent 0 01/27/00 14:50 FAX 972 380 4633 10h. HUG. \ CORPORAIIU.\ tjuuJ 01/18/2000 14:37 2147718490 PAGE 02 . } . MI®-fONTIWENT EXCAVATION,INC. 118 NATIONAL DRIVE ' ROCKWALL,TEXAS 75087 Phone 972-722-1338 Fax 972.772-5298 CONTRACTOR'S FINAL AFFIDAVIT AND AGREZMMIENT • STATE OF el c COUNTY OF (/11l i(1 On this l% day of ' .AD.,2000,before me personally appeared I l�ti/ with_ s 1l�l �i A. f , herein as the affiant,who duly sworn on hls/her oath and did state: I. Afftaet is the Only authorized agent of the)contractor who performed work for the City of Wylie under contract < _ no. 'Lilo.AO ,dated Kirtq for the construction,remodeling or repair of improvements on real estate owned or possessed by theCity of Wylie, 2. All work required by the contract has been fully and properly performed in accordance with the contract,plans, and specifications and the contract is entitled to final payment therefor. 3. All persons,subcontractors,materialmen,equipment suppliers,mechanics,and workmen who furnished services equipment,materials,and labor used in the performance of the work,or who assert any claim for such,or who waive their claims against the City of Wylie,have been paid in fulL 4. No claims have been made,or lawsuits filed,by any person for property damage,personal injury or death arising out of or in anyway connected with the work performed,which have been paid in full or finally settled,and effiant knows of no facts which make likely the filing of an such claims or lawsuits. S. in consideration of final payment being made,the waiver by City of Wylie of any right to withhold payment or effect a set off payment,and other good and valuable consideration,atiant agrees to indemnify,defend and hold City of Wylie harmless against the enforcement of any lien,claim,or lawsuit,including expenses,attorney fees,and court costs incurred therefor,arising out of the performance of the work. The real estate and improvements referred/ttoo herein are located at tin .{ (street)in the . City of Wye_ ,county of (-bll 11J ,state of —rec4.4 . I have executed this final affidavit and agreement voluntarily and with full knowledge of my rights under the laws of .. the state of -loos . . Gd (signature) -, • /'CS (title) STATE OF 1 et S COUNTY OF'TZflltNA.L l In witness whereof and known to me to be the person whose name is subscribed to the foregoing instrument;and acknowledged to me that he/she executed the same for the purpose and consideration therein expressed and in the capacity therein stated. h C0 7.112.L.S2-- (notary public) - �1Paun494gp Commission Expires 7.a-. a 4P'- .1,41014% • _,4r- ? = . . U'q►Hlhn l�\�\� 01/27/00 14:51 FAX 972 380 4633 THE HOGAN CORPORATION t0004 01/18/2000 1437 2147718490 PAGE 03 's▪ 'CONSENT OF OWNER SURETY COMPANY ARCHITECT 0 • •• :•:•••••• TO FINAL PAYMENT CONTRACTOR 0 • ,•. .. SURETY ..• ; • • AIA DOCUMENT 0707 OTHER : -• •,•• ••••• PRO.TECr: City of Wylie 30"Sewer Relocation • (name,eddress) •f • '• TO(Owner) ;ti.• [ ) ARCHITECT'S PROJECT NO: • City of Wylie CONTRACT FOR:30"Sewer Relocation •• • , . • 2000 Hwy 78 North Wylie,TX 75098 . • . BOND NO: 115001995 CONTRACT DATE: 07/15/99 ••':•• CONTRACTOR: Mid-Continent Excavation,Inc. In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (bee insert name end address of Surety Company) .% • Amwest Surety Insurance Company 6. . 5000 QnortIm Dr.,Ste.440,Dallas,TX 75240 • • ,SURETY COMPANY, gm.bond of(here insert name and address of Contractor) •••' ei• Mid-Continent Excavation,Inc. •-• • 118 National Drive,Rockwall,TX 75087 •• ,CONTRACTOR, ,--hereby approves of the final payment to.the Contractors,and agrees that final payment to the Contractor shall-not relieve Surety Company of any of its obligations to(here insert name and address of Owner) • ••• City of Wylie 2000 Hwy 78 North,Wylie,TX 75098 ,OWNER, set forth in the said Surety Company's bond. f;•IN WITNESS WHEREOF, .the Surety Company has hereunto set its hand this 13th day of January 2000 • Amwest Surety bats um Comnapv • Surety Company • • ' • 4Z07 Signature of Authorized Representative •-•• - • %Attest: ' . Michael B.Hill Attorney-In-Fact Title • ".NOM This form Is to be used as a companion document to ALA DOCUMENT G706,CONTRACTOR%AFFIDAVIT OF PAYMENT OF DEBTS AND CLAMS. ••':,',".'Cutreet Edition DOCU745NT 0707•CONSENT OF SURETY COMPANY TO FINAL PAYMENT•APRIL 1970 EDITION mAa ONE PAGE 1970.•THE AMERICAN INSTTrUTE OF ARCHITF_CTS,1735 New York Aye.,NW,WASHINGTON,D.C. 20006 • • • 01/27/00 14:51 FAX 972 380 4633 THE HOGAN CORPORATION tgi003 01/18/2000 14:37 2147718490 PAGE 04 LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Far West Insurance Company Xptra OD a e: ERN BER .This document is printed on white paper containing the artificial%vaterrmreed logo( Jb )of Amwest Surety Insurance Company on the front and brown security on the back. Only unaltered originals of the Limited Power of Attorney("POA")arc valid. This POA may not be aced in conjunction with paper • representations or warranties regarding this POA may be made byanyis o omen d ant No person. This POA is governed by the laws of t)K State of Nebraska and only valid until lho •'.expiration date. Ameerat Surety insurance Company and Par Went Ins\trance Company(collectively die`Company")shall not be liable on any limited POA which is + •:{ fraudulently produced,forged or otherwise distributed without the permission of the Company. Any party concerned about the validity of this POA or an accompanying Company bond should call your local Arnwese branch office at 1972)503.6925 • • KNOW ALL BY THESE PRESENT,that Amwest Surety insurance Company.a Nebraska corporation and Far West Insurance Company,a Nebraska corporation,(collectively the"Company"),do hereby make,constitute and appoint_ 'r;.Sasanne C.Baldwin :' Witham D.Baldwin . ,L'Indy Fowler 'Debbie Smith •:511ebael B.Hill .'..'As Emphryees of Baldwin Insurance and Bonding Agency,inc. its one and lawful Attorney-in-fact.with(invited power and authority for and on behalf of the Company as surety to execute,deriver and affix the seal of the company thereto if a seal is required on bonds,undertakings,recognlxanete,reinsurance agreerrent for a Miller Act or other performance bond or other written obligations in the nature thereof .as.follows: Ail Bonds up to S10.000.000.00 • • . and to bind the company thereby. This appointment is made under and by authority of the lly-Laws oldie Company,which are now in fell fbree 160 Wed. I.the undersigned secretary of Amwest Surety Insurance Company.a Nebraska corporation and Far West Insurance Company,a Nebraska corporation,DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board of Directors of both Amwest 'Suretylnsurance Company end Far West Insurance Company set earth en this Power of Attorney,and that the relevant provisions of the By-Lawn of each company,are now in full force and effect • • Bond No. 115001995 - Signed&scaled this 13th tiny or January 2000 Karen G.Cohen,Secretary RESOLUTIONS OF THE BOARD OF DIRECTORS • This POA is signed and sealed by facsimile under and by the authority attic following resolutions adopted by the Board of Directors of Arnett Surety Insurance Company •:.•.at a meeting duly held on December 15,1975 and Far West Insurance Company at a meeting duly held on July 28,1953: - RESOLVED,that the President or any Vice President,in conjunction with the Secretary or any Assistant Secretary,may appoint attorneys-in-fact or agents with ..authority as•defined or limited in the instrument evidencing the appointment in each case.for and on behalf of the Company,to execute and deliver and affix the seal of the •-Company to bonds,undertakings,recognizances,and suretyship obligations of all kinds:and said officers truly remove any such attorney-in-fact or agent and revoke any POA p%evitwily granted to such person. RESOLVED FURTHER.that any bond.undertaking,recognizance,or suretyship obligation shall be valid and bind upon the Company: (I) when signed by the President or any Vice President and attested and sealed(if s sml be required)by any Secretary or Assistant Secretary;or (i1) when signed by the President or any Vice President or Secretary or Assistant Secretary.and countersigned and sealed(if a seal be required)by a duly authorized attorney-in-fact or agent:or (iii) when duly executed and sealed (if a sat be required)by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company Lu such person or persons. RESOLVED FURTHER,that the signature of any authorized officer and the teal of the Company my be affixed by facsimile to any POA or certification thereof •.•1uthorizing the execution and delivery of any bond,undertaking.recognizance,or other suretyship obligations of the Company,and such signature and seal when so used shall •'Have the same force and effect a though manually affixed. IN WITNESS WHEREOF.Amwest Surety Insurance Company and Far West Insurance Company have caused these present to be signed by its proper ofcers,and its cenporate seals to be hereunto affixed this 31st day August,1999, ... -• 64. e —ME ...elk aweeKefewe Jolut E.Savage,Pnni / Karen G.Cohen.Secretary •%=$ate of Cslifornfa • Catnty of Los Angeles On August 31,1999 before me,JoAnne Anderson Notary Public.personally appeared John E.Savage and Karen G.Cohen.personally known to me(or proved to me on es the basis of satisfactory evidence)to be the person(:)whose name(s)Were subscribed to the within Instrument anti acknowledged to me all that he/she/they executed the same •.v;U his/herttbair authorized espaeity(tes),and that by his/her/their signatures)on the instrument the person(s).or the entity upon behalf of which the persons)acted,executed the instrument. WITNESS my hand and u ie+al seal. • A JOANNE E. ANDERSON k ,n i ' Comm.8119245i3 •,•• �„.4 �1y Ala%�›e SiDtature (Scat) in � NOT W Ptl CAUf01U0A ul ..era: kirill Cigar/ ° Viiiii( I �Ml Y Csstst. 21.1002 .,err— Defile. 1 sum OEO.ne. •a101 t Vs* r� 31 Toss J3! sky !``� y * 5230 Las%'irgenes Road Calabasas,CA 91302 TEL 818 871-2000 1-: WYLIE CITY COUNCIL AGENDA ITEM NO. '. February 22, 2000 Issue Discuss and consider final payment to Randall & Blake Inc. in the amount of$33,320.35 for completion of Phase I of Founder's Park. Background The bid for the construction of Phase I of Founder's Park was awarded to Randall & Blake Inc. in April 1999. Phase I contains the following elements: the construction of two unlighted baseball/softball fields with irrigation, the development of approximately 20 acres of irrigated land for soccer fields, and the construction of access road and parking lot. The design of the soccer fields is such that the entire area will be graded and irrigated. By doing so, there will be complete flexibility in the layout of the fields so that the age groups with the greatest need for fields can be accommodated At the time of the award of bid, the bid amount was $921,865; however, Change Order #1 deducted four items from the base bid: Road Allowance $25,000 Water Lines $37,050 Concrete $93,278 Drainage Pipe $9,000 TOTAL $164,328 The deductions taken from the base bid resulted in an amount of$757,537. Change Order#2 consisted of$40,463 in additions and $31,593 in deductions with a net increase of$8,870. The majority of the additions were the result of the work that was necessary to bring the electrical power to the park. The deductions were primarily related to adjustments made in the field with concrete and asphalt paving. Final walk-through for Phase I of Founder's Park was held November 9, 1999. A list of identified items identified at that time is attached. The contractor will be required to come back to the site in April of next year to re-seed some the areas. A$5,000 retainage will be kept to ensure that this follow-up takes place. The warranty period for the earthwork and turf establishment will not begin until final acceptance of those items next spring. Financial Considerations The cost to date for the Founder's Park project that was funded by the issuance of bonds in January 1996 is $1,194,038. The contractor, Randall Blake, has completed the work. The total contract was for$766,407.00. Retainage in the amount of$38,320.35 was held on the contract. The WISD participated in the cost of construction of one of the parking lots, which will also serve as parking for the future football stadium. The cost to the school district was$103,000. Payment in the amount of$33,320.00 is recommended. This is the retainage of$38,320.35 less $5,000.00. The$5,000 is recommended to be withheld following project close out awaiting final acceptance of the turf. Final payment will exhaust the funds in the 4B Capital Projects Fund. Other Considerations The bid solicitation for this project was conducted in accordance with Chapter 252.021 of the Local Government Code, which governs the procedural requirements for certain capital expenditures. Board/Commission Recommendation N/A Staff Recommendation Staff recommends final payment to Randall & Blake Inc. in the amount of$33,320.00 with a $5,000 retainage. Attachments Change Order#1 Change Order#2 Final Walk Through Summary le_ (hatli4 Prep ed by Revie by Finance City Manager Approval HANGE OWNER ❑ ORDER ARCH FIELD AlA DOCUMENT G701 OTHER ❑ PROJECT: Wylie Central Park CHANGE ORDER NUMBER: 1 (name, address) Wylie,Texas DATE: 6-30-98 TO CONTRACTOR: Randall & Blake Inc. ARCHITECT'S PROJECT NO: Wylie Central (name, address) 821 E. Southlake. Blyd. , CONTRACT DATE: April 20, 1998 Southlake, Tx 76092 CONTRACT FOR: Park Improvements The Contract is changed as follows: Concrete parking lot 93,278.00 Roadway Allowance 25,000.00 Water lines 37,050.00 Drainage Pipe 9,000.00 164,328.00 Not valid until signed by the Owner, Architect and Contractor. The original(Contract Sum) )was $ 921,8 65.00 Net change by previously authorized Change Orders $ 0 The(Contract Sum)(6+Ia''�nrPerl)I^y:i-num ll:—)prior to this Change Order was $ 921,865.00 The(Contract Sum)( )will be(increased)(decreased) (unchanged)by this Change Order in the amount of $ 164,328.00 The new(Contract Sum)(Guaranteed Maximum Price)including this Change Order will be . $ 757,537.00 The Contract Time will be(:..��t►-eeed5(unchanged)by ( 0 )duvs. The date of Substantial Completion as of the date of this Change Order therefore is Oct 12, 1998 NOTE: This summary does not reflect changes in the Contract Sum,Contract Time or Guaranteed Maximum Price which have been authorized by Constriction Change Directive. Dunkin Sims Stoffels Inc. Randall & Blake Inc. City of Wylie ARCHITECT CONTRAC:I.OR OWNER 9876 Plano Rd- 821 E. Southlake Blvd. 2000 • Highway 78 N. Address Address Address D las, Texas 75238 Southlake Texas 76092 Wylie, Texas 75098 BY BY BY DATE /V DATE DATE AIA CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. • AIA DOCUMENT G701 • CHANGE ORDER • I9n- EDITION • AIA' • ©198- • THE AMERICAN INSTITUTE OF ARCHITECTS. 1'35 NEW YORK AVE.. N.W.. WASHINGTON. D.C. 2oix16 G701-1987 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. CHANGE OWNER ORDER TECT Co CONTRACTOR o FIELD A1A DOCUMENT G701 OTHER PROJECT: Central Park (Founders Park) CHANGE ORDER NUMBER: Two (name, address) Country Club Drive DATE: December 2, 1999 Wylie, Texas TO CONTRACTOR: Randall & Blake, Inc. ARCHITECT'S PROJECT NO: WY—CENT (name, address) 821 E. Southlake Blvd. CONTRACT DATE: May 26, 1998 Southlake, Texas 76092 CONTRACT FOR: Park Development Construction The Contract is changed as follows: See attached Exhibit 'A' . Not valid until signed by the Owner, Architect and Contractor. The original(Contract Sum)(6 aaracuceuma-Rc+ce)was $ 921,8 65.00 Net change by previously authorized Change Orders 5 (164,328.00) The(Contract Sum)(Guararueximura.Rrice)prior to this Change Order was S 757,537.00 The (Contract Sum)(Cglazaattced.Ailaxiawna.Euce)will be(increased)(dec-ceased) (unclaa,aged).by this Change Order in the amount of 5 8,870.00 The new(Contract Sum)(G).turtateed-Maxirauraarice}including this Change Order will he 766,407.00 The Contract Time will be(increased)(decriced)(unchanged)by ( )days. The date of Substantial Completion as of the date of this Change Order therefore is NOTE: This summary does not reflect changes in the Contract Sum.Contract Time or Guaranteed Maximum Price which have been authorized by Construction Change Directive. Dunkin Sims Stoffels, Inc. Randall & Blake, Inc. City of Wylie ARCHITECT CONTRACTOR OWNER 9603 White Rock Trail #210 821 E. Southlake Blvd. 2000 Highway 78 N. Address Address Address I- - . . /.:__ Wyl P, Texas 75098 .• BY BY BY - / DATE DATE �0, �3/9 DATE AAA CAUTION: You should sign an original AIA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. AIA DOCUMENT G701 • CHANGE ORDER • 198' EDITION • AIA' • G I9R' • THE AMMERICAN INSTITITE OF ARCHITECTS. I'ii NEW YORK AVE.. N WASHINGTON. D.C. 20(io6 G701-1987 WARNING:Unlicensed photocopying violates U.S.copyright laws and is subject to legal prosecution. EXHIBIT 'A' Cost Adjustments Central Park Wylie, Texas ADDITIONS Concrete Pavement in lieu of 3,816 sq. ft. of 9,139.00 Asphalt Pavement. Increase strength of concrete within fire 1,538.00 lanes. 230/460 Electrical connection to irrigation 3,625.00 pump. 120 volt electrical to the irrigation pump. 2,350.00 Remote control system for the irrigation 3,866.00 controllers. Construct transformer pad to TXU 1,275.00 specifications. Furnish and install electrical pull box to TXU 4,320.00 specifications. Furnish and install galvanized fittings at 235.00 conduit curves. Modifications to the irrigation vault. 1,205.00 Furnish and install 2-4" SCH. 40 PVC 12,910.00 conduits with pull string. Total Additions $ 40,463.00 DEDUCTIONS Deletion of 3,816 sq. ft. of asphalt 5,000.00 pavement. Reduction of concrete pavement within the 20,593.00 parking lot by 8,545 sq. ft. Drill-seed bermuda grass in lieu of 6,000.00 hydromulching. Total Deductions $ 31,593.00 Net Change-Addition $ 8,870.00 MSNORDDSS1WilIE`GNGOR0.EXNIBITA.DOG(12 3/99) Dunkin Sims Stoffels, Inc. Landscape Architects/Planners November 11, 1999 Mr. Marvin Jeffery, Jr. Randall & Blake, Inc. 821 E. Southlake Blvd. Southlake, Texas 76092 Re: Founder's Park Dear Mr. Jeffery: A walk-through of the Founder's Park construction site was conducted on November 9, 1999. Following is a listing of those items which need to be completed or corrected prior to final acceptance of the project. * Concrete Plaza Area Saw-cut and remove concrete pavement at the plaza's junction with the entry walkway as discussed at the site. Repour concrete to ensure that water will not stand on the surface of the concrete. Complete saw joints through all dugouts to the backstop grade beam. Patch the concrete pavement where the post dented the concrete as discussed on-site. Remove form material from the north edge of the central concrete plaza. Rub all concrete surfaces where spilled/slushed concrete is adhering to the finished surface of the concrete. Saw-cut and remove pavement at the back of the western field's backstop where the concrete has numerous cracks and a dowel is exposed at the surface, as discussed on-site. Repour the concrete within this area in compliance with the plans and specifications. Perform earthwork at the north side of the eastern field to ensure that water will drain away from the field, dugout and the concrete pavement. Remove the silt from the top of the solid sod bermuda around the drop inlet adjacent to the western field. 9603 White Rock Trail Suite 210 Dallas,Texas 75238 214-553-5778 The siltation fence around the aforementioned drop inlet shall be redone as detailed in the plans; it shall be placed at the limits of the solid sod bermuda grass. The surface of the concrete pavement shall be swept clean. * Storm Sewer The City Inspector is concerned about the embedment procedures used on the storm sewer lines; therefore, the City will use their camera to examine the interior of the storm sewer pipes. If crushing, popped joints or other damage to the pipe is noted the contractor shall repair the damaged sections. The contractor shall remove silt from all storm sewer lines as indicated by the camera probe. * Parking Lot Rub all concrete surfaces where spilled/slushed concrete is adhering to the finished surface of the concrete. Rout-out and seal the extensive crack centrally located on the east-west portion of the parking lot and the crack running east and west where the parking lot turns to the north. Remove the existing concrete patches from the chipped areas adjacent to the radius which was enlarged at the 90° turn in the parking lot. These chipped areas shall be cleaned and patched with an epoxy compound; a bonding agent shall be used on the concrete surface for adherence. Several small holes in the surface of the parking lot need to be patched. A 2' to 3' length of the eastern curb at the northern end of the parking lot needs to be removed and repoured, as discussed in the field. Backfill and compact soil into the area which has eroded at the surface outlet located at the beginning of the concrete parking lot. The existing concrete rubble stacked to the north may be placed on the surface of this soil to reduce erosion. The detectable warning strips located at the handicap parking spaces need to be painted in compliance with the plans. The surface of the entire parking lot shall be cleaned. Soil shall be placed and leveled at the perimeter of the parking lot to bring the finished grade flush with the top of the curb. Other areas adjacent to the parking lot shall be leveled to present a smooth consistent slope which will drain, as discussed in the field. MSNORDO3$WHUEMNLKTMR00014.00C(>>n699) * Earthwork The condition of the soil surface within all areas of the site remains rough as described in my letter to Marvin Jeffery dated September 16, 1999. The remedies for these conditions stay as outlined in that letter and shall be performed prior to reseeding of the site in April, 2000 or as soon as optimum soil temperatures for germination are reached thereafter. * Erosion Control The contractor shall clean out the siltation pit upstream from the gabion structure located in the southwest corner of the site. The siltation fences in the southwest corner of the site shall be reinstalled in their current location. They shall be installed as shown in detail B/CD-5 in the construction documents: with wire backing, with post at 2' O.C. spacing embedded a minimum of 3', with the fabric wrapping the bottom and sides of a 6" x 6" trench that is backfilled and compacted (soil is acceptable for backfill of this trench), the wire mesh backing shall extend into the trench. The silt taken from the pit and other site soil shall be distributed on the eroded areas of the swale. Erosion control blanket shall be placed over all the areas coming into the siltation pit which currently exhibits signs of erosion. The erosion control blanket shall be staked/stapled in compliance with the manufacturer's recommendation for high velocity flows. * Turf Establishment The germination and establishment of bermuda grass across Founder's Park is less than desirable and in some areas it is miserable. In those areas with small amounts of grass as delineated on-site by the Owner the contractor shall overseed immediately with a light application of annual rye grass. The entire site shall be reseeded as early in the growing season as possible, but not later than May 15, 2000. The earthwork issues must be addressed prior to the reseeding of the site. Please call me to discuss these items or to contest items that it is felt are not the contractor's responsibility, if any. Sincerely, Bob Stoffels, SLA Principal pc: Mindy Manson Bill Nelson Ray Corey Donnie Hunt AISNORO`DSSWIUEMMUCTMROUGM DOC(11AWN) WYLIE CITY COUNCIL AGENDA ITEM NO. q . February 22, 2000 Issue Discussion and consider authorizing the City Manager to enter into a contract with R.J. Enterprises for the operation of the concession stand at Community Park. Background Staff received notice from Allen Weiss Enterprises that they would no longer be able to operate the concession stand at Community Park. Staff sent out Requests for Proposals and two proposals were opened on Friday January 21. The proposals were reviewed by the Park Board on January 24. The terms ofthe contract are that the tenant pays the City a lease amount of 22%of the gross sales, after the deduction of sales tax. In addition, the current contract requires payment of$300.00 per year for the maintenance and/or improvements of the concession stand. As proposed,the types of items sold, as well as the prices, are comparable to those provided by the previous concessionaire. The contract limits increases in the prices to no more than 10%, unless otherwise approved. The contract also requires a satellite stand to be set up adjacent to the soccer and football fields for the convenience of park users. The terms of the contract are for one year with an option to renew for three years. Financial Consideration The revenue generated by the concession stand is approximately $12,000 per year. The revenue is returned to the Community Park Fund which was established to account for the revenue generated by public activity in the Park. The purpose of the Community Park Fund is to provide funding for the maintenance of facilities and paying the electric bills associated with the ballfield lights. Other Considerations Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. Board/Commission Recommendations The Park Board recommends entering into an agreement with R.J. Enterprises for the operation of the concession stand in Community Park. Staff Recommendations N/A Attachments Proposal—R.J. Enterprises Proposed Contract Draft Minutes—Park Board I) /I/ )(r, bk.,04' Prepared Review by Finance City Manager Approval Request for Proposal Concessionaire Services The City of Wylie is soliciting competitive proposals until 2:00 p.m. January 21, 2000 to provide for a contract for concessionaire services at Wylie Community Park. Proposals shall be submitted to the office of the Purchasing Agent at 2000 Hwy 78 North, Wylie, TX 75098. The successful proponent will be awarded exclusive concession rights for food and beverage vending during all athletic events. The contract will commence on or about February 15, 2000 and continue until December 1, 2000, with an option to renew at the discretion of the City. The City reserves the right to reject any or all proposals and to accept the proposal that is in the best interest of the City. General Provisions The vendor agrees to pay to the city a minimum 20% per cent share of the gross receipts after sales tax deduction for food and beverage sales. It is further agreed that an audit procedure will be established to verify gross sales receipts. The city agrees to: 1) Provide all necessary facilities, utilities and trash disposal. 2) Provide an ice machine and sink. The vendor agrees to: 1) Provide all food and beverage items to be sold. 2) Provide all food processing equipment with the exception of those items listed above. 3) Provide all necessary supplies, such as napkins, cups, utensils and food containers. 4) Perform all food preparation and sales functions with adequate staffing. 5) Maintain hours of operation in accordance with schedule provided by the city. 6) Meet all health inspection requirements and obtain all necessary permits (The city will waive permit fees). 7) Maintain the concession facility in a clean and sanitary manner. 8) Be responsible for the collection and payment of all sales taxes. Criteria for Evaluation of Proposals 1) The city's percentage share of gross sales receipts. 2) The quality and variety of food/beverage items to be sold. 3) The vendor's past experience in the concession business. CONCESSIONAIRE LEASE/CONTRACT This Lease Agreement is effectlyp as of the 1C%b,iS20 oo , by and between the City of Wylie (Landlord) and g. ,�r S (Tenant). The Parties agree as follows: 1. PREMISE. Landlord, in consideration of the lease payments provided in this Agreement, leases to Tenant CONCESSION BUILDING at COMMUNITY PARK, WYLIE, COLLIN County, Texas. 2. TERM. The Lease term shall commence on A 6, /->`'°� and shall terminate on 17-c, ' 1/ 2oa c . 3. LEASE PAYMENT. Tenant shall pay to Landlord weekly lease payment of of gross sales, after deduction of sales tax, for previous weeks sales, Monday through Sunday. Finance Department shall validate and audit payment of Commission amount. Such Payments shall be made to CITY OF WYLIE - Finance Department. 4. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease and shall yield possession to City of Wylie on the last day of the term of this lease, unless otherwise agreed by both parties in writing. 5. ACCESS BY LANDLORD TO PREMISES. Subject to Tenant's consent (which shall not be unreasonable within), Landlord shall have the right to enter the premises to make inspections, provide necessary services, or entry of workmen. As provided by law, in the case of an emergency, landlord may enter the premises without tenant's consent. 6. UTILITIES AND SERVICE. Tenant shall be responsible for the following utilities and services in connection with the premises: a. Janitorial Services b. Staff for Operations c. Operating per Schedule Provided by City of Wylie d. Provide ALL Food and Beverage Items to be SOLD. e. Provide ALL Food Processing Equipment with the exception of those ITEMS listed below. City of Wylie shall be responsible for the following: Electricity, Water & Sewer, Trash Disposal and Ice Machine. f. Provide All Necessary SUPPLIES, such as napkins, cups, utensils and food containers. g. Perform ALL FOOD Preparation and SALES Functions with adequate staffing. h. Meet ALL HEALTH inspection requirements and obtain all necessary PERMITS (City to waive permit FEES.) I. Must maintain CONCESSION FACILITY in a clean and sanitary manner. j. Be responsible for all the collection and payment of all SALES TAXES. k. Be responsible for all Insurance requirements. I. In addition to providing Concessions at the permanent stand in Community Park, Tenant shall also set up a portable satellite stand at Community Park to serve the soccer and football fields when in use. Portable stand does not have to provide as extensive of a menu as permanent stand do to limited availability of utilities. Portable stand shall provide at least beverages, hot dogs, popcorn, candy, etc. m. Tenant agrees to indemnify and hold City harmless for liabilities arising from its operations taken hereunder. n. Tenant agrees that the services and product provided hereunder shall be of a good and acceptable quality and quantity. o. City shall have the right to terminate its agreement in the event Tenant shall not perform any of its duties hereunder after giving notice of such failure to Tenant that failure to correct performance with thirty (30) days will result in termination. 7. SALES PRICES. If the city renews Concession Lease/Contract beyond December 1, 2000, sales prices of the individual items sold cannot increase more than ten percent (10%) in the first and second years combined. Should the cost of product increases substantially, Tenant has the right to appear before the Parks and Recreation Superintendent or designee to request permission for a price increase. 8. IMPROVEMENTS/MAINTENANCE. Tenant shall pay three hundred dollars ($300.00) per year to the City of Wylie which will be spent on improvements and/or maintenance at the concessions stand/restrooms. These payments shall be made on or before March 1, of each year. 9. PROPERTY INSURANCE. City of Wylie and Tenant shall each be responsible to maintain appropriate insurance for their respective interests in the premises and property located on the premises. 10. TAXES. Taxes attributable to the premises or the use of the premises shall be allocate as follows: a. Personal/Business TAXES. Tenant shall be responsible for all Taxes attributable to Tenant's use of the premises. 11. SCHEDULE OF OPERATIONS. Minimum schedule to be provided by City of Wylie. IN WITNESS WHEREOF, the parties have executed this Lease Agreement as of the date first shown above. CITY OF WYLIE Concessionaire Michael Collins, City Manager ON THIS DATE: PROPOSAL I. The city's share of gross sales receipts shall be o1 2 %. II. List the food/beverage items to be sold including size/quantity (ex. 12 oz drink/4 oz hamburger) and selling price which includes sales tax. Description Price Description Price /6 S° /. v is </no0c,Socr 00 "racG j Uv /-Z2_ cf 7."6 4 y Days Li^41., / /aka , ft/<9CiLv� ,Por c.ecz� , 73 Pi4A/ 6 - 75-/ dlr;s , 75- (�,04 ' 75 III. Describe past experience in the food concession business including dates and locations where you have provided similar services: //i)/0 t-' cS mac. 6 SL hw 6 lc/ . slEfr Cl cl 6s 6) s�//sue-scti 9 s - 0 C, T/�sr j7p//09-3_ . 41 jus;_ 9 9 VENDOR NAME/ADDRESS: -7 9 /G.t) --��.rs�. (2/07 rO///o�° & J 6v 73,1, ))s2 - 5 22-Z?.3©/ys (PHONE#) VENDOR SIGNATURE: -//2 a o (DATE) FROM.R.J.ENTERPRISE TO.CITY OF WYLIE There will be some addition to our product list to include healthy fruit and fruit drink. Description Price Apples .50 Oranges .50 Sunflower Seeds .75 Team Drinks .50 12oz FRUIT DRINKS Lemmonade Punch Ice Tea Thank you DANNY JOt NSON President C.C. BILL NEALSON MTics OF EARL BULLCOC,COUNTYCLUCK DALLAS COUNTY,TEXAS . " r 500 MAN STREET, DALLAS,TEXAS 75202 ASSUMED NAME RECORDS CERTIFICATE OF OMER IU' FOR LNNOORPORAT D BUSINESS OA PROFESSION NOTK . CERTIFICATES OF OWNERS.4P ARE VALID OILY FOR A PER100 NOT TO EXCEED 10 YEARS FROM THE DATE FLEO IN THE COUNTY CLERI(1 CF ICS.1C14^h'':Rt.T .E-B .and Comr.we.Cod.) (na.oanikeis prepay«a.eraed r 1otmrdia..hr wV.I.-^,wr+y Clwq AS$n 6. N VM H amo ital m CpNummi +rho tt�rotty rr 4aU I0:40A(t 6%ZOO. r T Fs1-r�.ir. ' L S �—T (rv1 or spy BUSINESS ADDRESS iul ; U n It FAA — J ; 1 L) y Th � r0 —7 ' STATE \ )Q. 7 P CAGE `•S7 I.C. .. � PEAIOD(not b maxi 10 years)DURING WEIGH ASSUMED NAME 1A LL BE USED: I 0 tt -NS iBUSNESS IS TO BE CCS1DUC'(ED AS (Chock wtkh One) Copietebrstip 0 Sole Pra:goner 0 Joint Venture I 0 Genera. Pato rip 0 Limited Pa tIeiship 0 Real Estate Irwestnent Taxi 0 Joint Stock Campary ❑ Other(name type) CERTfICATE OF O'M Me,tie undersigned ale tie amerce—of to atx a business and my/our narne aid address given Ware 0.113 end coned.ar.J there Ware no o*ners)ip(s)n saki txsioss other than Bose Fisted herein bebw. WUAFS OF OME S NAME a.J o L. `3-a l.Js0.0 s1GNunRE a . ,ti , . Mama___///3 rusidene Pig,,J D1S erp 'Tk rop ex.e.) 2.-S 7/3— NAME SIGNATURE (ph ortrpy Add= - -- Zip Code Raostrioe NAME SIGNATURE Writ a trey Address Zip Coda �.? R..idence :31 SIGNATURE ~`. NwnE - c—etbpy !�r r Address ZED Code ,-f+,c,- -:1 R«kance n n' NAME SIGNATURE -'(PAN Of A9si n IAddress 7p Coda TiE STATE OF TEXAS R«kcna t CO(IM1Y CF DALLAS (2ER, ME, THE UNIX A T-ORITY, on tis day person*appeared 1 V (.. .. ‘,.,:1-04, To me b be he person whose rare s/are subtated b the I:ANO q instrument and advlowbclged to lite d me tot he o orsier(s)of the abcvena red tuskhriss and tot—tha sianled tie saml r br tie purposb and con:doratan tereA oppressed y 1 TT1T 19. ig '‘ , t!R�r3�t';ri!1!• Ndar/able 1+and for 0r1r Ca+rq'.Taw V or._ � -_-t 45t;' ..4 s'i':1 {drith " e 's1_ ... "...t -e, . _f4r:', '"`' S-..: `h�.'v.?! .,,, i'V K'„ 1. -..1` .••c'vy�ree.. . . 1 _ {{i. ,� yam} ,, _�3/ � . = n • �., � ✓ 7 ti . ..::� ;:�.,p,;,.r :, .1'�f ��'J.,- ! �"%� I•> "�"�,W t I r• ,!r. ''•yn• lf �"•`.' ' :in!� �' ii r •..,,_y( .., _. - �,hv .A..�,'t. ''1✓ .ti` L \l. --e,Il+. . ,d' 76� `hr !�' 'No ,t..i1 'L "`�*i�/�`�/,.1� .•'�a �� r ,�y \�� ''�' :- _ !M � , �� I�� t�`- -�I: �� `�•1� i. ~a'•'�..,�-vL',�� V�,i� ,n=�^C.�..:.'ii'� )�i�f, - _sty I ,1X- [J'att}t`S.IIAII Li�s.� � ,l'1 //� Ste. �V1A,, 'c3Y .l,A%' /J� t3.1 �"`F' iW' -*. a� �i� /- .�.-�...�tu I (IA ;f nil ..,.�.'. .•'� .i �/1L'!( V• F'1.ra t5 f.'._:'.r I 1,•;/1�\!�{.1 il. t �'i �•!'i 1 f.;.„M r,, ,�. -'4(/ \��.f. 'T„� -.i��\ ��1)�i�z y r Centre/i. 4,;'-' s NCTRCA a...,/,.'. ,.,,1i�R F17 AI D/M/V'VBE CERTIFICATION 17 ;f/r, Certifica ° R J Enterprises ''�{�;+} rk' , �'',µ has filed with the Agency the a ro riate Affidavit and is hereby certified as a DisaUvaitage8 Business Enterprise '-s N tal-t .,..„ .Z,1 R1�o1L li '.' '. ,,?ea providing service s)) to the following areas: ; ",,, k` " 024-00 PROVIDES SNOWCONES AND CARRIBEAN ICE �J �F it i 4f _ " 1 '! August 1999 �R ',/R This Certification is valid beginning +1{ and supersedes any registration or listing _4 ..�� kb, e l i previously issued.This certification must be updated annually by submission of a Recertification Application.At ,,t tf, L any time there is a change in ownership or control of the firm,notification must be made immediately to the North "/ �''; Central Texas Regional Certification Agency. "��,��r" ,WA iC: III/1: �/.' August 00 t�l\ I id ,,,, �' This Certification expires on 20 "# s z 1 Aug ust 99 ification Administrator ` /� "'r> Issued at Arlington,Texas , 19 '400_ ./" BMSD10180N0800 «fill .10 CERTIFICATION NO. ,,„ii, t ,r, ins �� / r,t ;,, ,,,, _ .arj , _ 1� r 1:,p(, l'/i) ! a �\+�/, r." t. 'Aj_•,:I f.;,,.i• t I r .. -- — r.. s�.J1Y •�• ti ;'ti '.tr 1 it �y(,;,. �'94.\(.fit r..,t( �,} '. "Nr r .��\\ F, a '�'1t� »' tom , 7 1V)*IL:- {_ I lLr.\�/�}�1 t�.( pt, .� a,�•y�w J;I .+ a �f1 'f..� --y i� :r--1Y J ,+. .'.•ti ;,i=i "y H:',�V "p 1�.,,,r_"\. /✓•r �r`.��p) g.'tl �' �` ,i .i 4 .. `i!( !" '1;}: {;+ .r =' (�� I` 'it.; '`n. ., 4 _ , p:_..`� .. 11 f, - .._ .Y. �'1 ..:. (• � ' .. .lr ..1 1 N'" ... . �N .. , � .�, Ill r:Y. `'+ ,,r i 1 ",, 't' 4: ,,•t('� f1N, ... _, 1 Ye" , 310,4:i '(�• - •S t;4, NI `5.+o`,: __-m cote 346 .. AV:— ��-*A :A—a(1 , , f ntl�. %. t .1. I1 t � #t MU./` 1} �r Y f. r ` 11 V... 1'.' y. .I 9-2145653491 NU.JVJO Le,i L1��©��99 i�:41 DMN LA FUEraTE r , ...., • 4/ '' ei tIi ' P! -J . December 7, 1999 , Danny Johnson RJ Enterprises • . Dear Danny, La Fuente would like to take this opportunity to express our appreciation for your participation in La Fuente's 1999 events. La Fuente depends on your participation to achieve the level of performance desired for each event. Your participation in our 1999 events has made it possible for La Fuente to deliver a successful and meaningful event to the Hispanic community. We hope that you have come away from your participation in our events with the same sense of satisfaction that we feel in having provided this cultural experience to the thousands of Hispanics that attended. Your involvement in our events and other Hispanic community activities has made it possible for Hispanics to enjoy their culture and traditions in the truly diversifed and unique community of North Texas. We look forward to a continued partnership in the year 2000 as we reach out to the Hispanic market of North Texas. Join us in 2000 and,achieve success through new opportunities that La Fuente events deliver. _ • Warmest Regards, ds Cindy B navides General Manager La Fuente Group P.O. Box 650585, Dallas , TX 75265-0585 • 214-977-7071 • 1 -800-431 -0010 • Fax 214-977.7967 Ray Johnson _ R.J. Enterprise 312 Willow Wood Lane Desot, TX 75115 M ON T AC G E 11300 N.CENTRAL EXPWY. SUITE 415 DALLAS,TX 75243 September 16, 1999 (214)361-2011 Fax:(214)361-4703 www.500Inc.org Dear Mr. Johnson, THE 500,NCS STREET FESTNAL • FOR THE PERFORMING ARTS DOWNTOWN DALLAS Thank you for being a participant in Montage® '99. We had a terrific year& ARTS DISTRICT partially owe it to your success as a restaurant vendor. Attached is a chart detailing the number of tickets sold along with the revenue generated. Please contact us if your records do not reflect the amount of coupons indicated. Thank you again for helping The 500, Inc. support the arts in this great city of ours. We look forward to having you return next year to Montage. Please let us know if you are interested! Sin rely, Lissa Whitehead Restaurant Chair parking was not required. The Board discussed the function of the proposed park and the likely users of the park. After discussion, a motion was made by Doug House that The Cascades Subdivision parkland dedication be accepted as a neighborhood park based on the Conceptual Plan presented to the Board on January 10, 2000, including the additional access, the hike & bike trail being concrete around the ponds, and the provision of a playground and picnic area by the ponds. If the park becomes private and maintained by the Home Owner's Association, the proper parkland dedication fees will be collected. The motion was seconded by Tim McGlothin and passed unanimously. 3. Discuss and Consider Proposals for a Concessionaire Contract Staff updated the Board on the proposals received from R.J. Enterprises and R.S. Lim & Son for the operation of the concession stand. Discussions with R.J. Enterprises indicated that the company is willing and able to provide the satellite stand in Community Park for the soccer fields. Staff has also discussed a future operation for the concessionaire in Founder's Park. After review of the proposals, the motion was made by Melissa Nichols and seconded by Tim McGlothin to recommend entering into a contract with R.J. Enterprises with the additions of team rates, bottled water, and a variety of snacks. The motion passed unanimously. STAFF REPORT: 4. Update on the Status of the Collin County Open Space Plan Staff reported the continued involvement in the development of the Open Space Plan. The consulting firm of Wallace Roberts & Todd will be preparing the plan. The consultants have asked to be provided with names of the key individuals in the Collin County communities so that they may begin interviewing them and gathering information. The Plan will ultimately be the basis for the distribution of the County Bond funds. ADJOURNMENT The meeting adjourned at 8:15 p.m. Submitted by WYLIE CITY COUNCIL AGENDA ITEM NO. \Q . February 22,2000 ISSUE Consider and act upon revised architectural plans for an animal shelter facility and the solicitation of bids for construction. BACKGROUND The City has solicited competitive bids for the construction of a new animal shelter facility, utilizing the shell of an existing 3,600 square foot pre-engineered metal building with concrete block exterior. Gibbs Construction was the only contractor to respond, submitting a lump sum base bid of $405,000. Through value engineering and negotiation with Gibbs, the bid was eventually reduced to $309,000. Because the actual construction cost was considerably higher than original estimates, Council rejected the bid and directed staff to initiate revisions in the building design and specifications. The architect for the project was instructed to produce revised architectural drawings for a building that would meet the minimum requirements for an animal shelter at the least possible cost. The revised plans, still utilizing the full 3,600 square foot metal building shell, include construction of a 1,200 square foot area dedicated to animal control functions and a 2,400 square foot warehouse with minimal interior finish-out. The site plan has been altered by relocating the proposed shelter to a site directly in line with and due east of the existing Service Center building. Staff proposes to convert the Service Center warehouse area to a fleet maintenance shop and utilise the unfinished portion of the animal shelter facility for Public Works and Parks warehouse storage. Various value engineered construction methods have been incorporated into the revised building design, including the change from concrete block exterior walls to brick veneer on the front only. Alternate bids will be solicited for masonry on all sides. A concrete driveway will be constructed to extend from the existing west parking lot of the Service Center to provide staff access to the shelter facility and fleet shop on the east side of the building. The existing sidewalk in front of the Service Center will be extended to the new animal shelter to provide public access. Council will be provided with complete revised architectural drawings for review and approval. FINANCIAL CONSIDERATIONS The current balance in the Animal Shelter/Service Center Fund is $324,345. Council has approved a budget of $150,000 for construction of the animal shelter. OTHER CONSIDERATIONS N/A ATTACHMENTS N/A STAFF RECOMMENDATION Staff recommends that Council authorize the solicitation of competitive sealed bids for the construction of a new animal shelter facility based upon the revised architectural design. 31 )4t L b013 4 r9P,„,€/,Aec,-Q-- Prepared by Revi:►fed by Finance City Manager Approval AGENDA COMMUNICATION Date received by REQUEST FORM City Secretary: Submission for the council meeting of CONSENT/ACT-ON-I'I'El ORIGINATING DEPARTMENT: P--eat.- $e/v- . Circle one QC- C / ce'L Agenda Communication Submitted by: on / / Financial Considerations Prepared by: ��•' Financial Considerations Reviewed by: on / / ALL AGENDA COMMUNICATION REQUESTS MUST BE RECEIVED BY THE CITY SECRETARY'S OFFICE IN ACCORDANCE WITH THE SUBMITTAL DEADLINE SCHEDULE. Agenda Communication Request Forms must include the signature of the Finance Director prior to delivery to the City Secretary. After review, the City Secretary will forward to the City Manager. ISSUE: (Agenda Item Caption) Hold a public hearing to Consider and Act Upon a request from Cascade Compaines. L.L.C., for approval of a zone change from MF (Multi-Family); and B-1 (Business) to PD (Planned Development) for a master planned single family neighborhood for the property generally located along the east side of FM 1378 just north of the Newport Harbor Development and being all of a certain 50.576 acre tract out of the James McUlmury Survey, Abstract No. 629, and the WM. Burnett Survey, Abstract No. 56, City of Wylie, Collin County, Texas. (V6 0/1 , ATTACHMENTS: Attachments to be included as support for this agenda item are attached and listed below: WYLIE CITY COUNCIL AGENDA ITEM NO. ,2000 ISSUE: (Agenda Item Caption) Hold a public hearing to Consider and Act Upon a request from Cascade Compaines. L.L.C., for approval of a zone change from MF (Multi-Family);and B-1 (Business)to PD (Planned Development) for a master planned single family neighborhood for the property generally located along the east side of FM 1378 just north of the Newport Harbor Development and being all of a certain 50.576 acre tract out of the James McUlmury Survey, Abstract No. 629, and the WM. Burnett Survey, Abstract No. 56, City of Wylie, Collin County, Texas. Background: The conceptual plan under consideration is for the proposed Cascades Addition. The applicant is requesting rezoning on 50.576 acres in order to develop the property with a master planned single family residential community. The property to the northwest is vacant and zoned for MF (Multi-Family)uses. The property to the north is not within the City of Wylie proper. The property to the south is zoned SF- 3 (Single Family Residential) and developed accordingly with single family homes. The property to the west is zoned PD(Planned Development)for a master planned single family development. The property to the east is not within the City of Wylie proper. Public Comment Forms were mailed to sixty-four(64) property owners within 200 feet of this request. Two (2) Public Comment Forms in opposition and three (3)Public Comment Forms in support have been returned. The opposition represents 1.01% of the property within 200 feet of this request. Other Considerations: • The Comprehensive Plan recommends Country Residential (1 acre single family)uses for the property. The proposed land use is consistent with the Comprehensive Plan only in terms of the single family residential aspect. Specifically, the applicant is proposing a density of 2.75 dwelling units per acre (minimum lot size of 8,500 sq. ft.). The applicant is also proposing a cascading pond parkland dedication encompassing 4.4 acres (2.43 acres of useable area outside of the pond). Although the Comprehensive Plan recommends 1 acre lots for this property, staff is of the opinion that the elimination of the multi-family zoning significantly reduces the allowable density of the area. Specifically, the property is currently zoned for multi-family uses and, therefore, could be developed (by right) at a density of fifteen(15) dwelling units per acre. • The applicant is filing this PD in order to ensure a quality development and request an amendment to the Comprehensive Plan. The following tables provide a summary of the development standards being proposed. Proposed Development Standards Proposed Required for SF-2 Lot Area 8,500 sq. ft. minimum 8,500 sq. ft. Front Yard 25 ft. 25 ft. Rear Yard 25 ft. 25 ft Side Yard Not less than 7 ft. on Not less than 6 ft. on each side of the lot and each side of the lot and 20 ft. for side yards 20 ft. for side yards adjacent to a side street. adjacent to a side street. Minimum Lot 100 ft. 100 ft. Depth Minimum Lot 60 ft. 60 ft. Width Roof pitch 6:12 None required House Elevation No house elevation No regulations shall be constructed adjacent to each other, directly opposite a like elevation, or in the same cul-de-sac. Landscaping Min. of 6"total None required diameter of tree(s) (18) 3 gallon shrubs Grass sod front yard Exterior Wall 75%masonry veneer, 75% masonry Material such as brick, stone or stucco. Minimum 1,800 sq. ft. 1,500 sq. ft. dwelling size • The applicant is incorporating approximately 4.4 acres of dedicated public park (2.43 acres of useable area outside of the ponds). At the January 10, 2000, Parks Board meeting, the Board recommend approval of this case subject to additional access easements being incorporated,that the hike&bike trial around the ponds be built in concrete, and the provision of a playground and picnic area(see attached memorandum form Mindy Manson, Assistant City Manager). Also, please note staff took this case back to the Board and asked them to consider the issue of off- street parking identified by the Commission. The Board did not change their original recommendation. • Additional features being proposed are jogging paths and a cascading pond system engineered to City specifications. Specifically, ponds will provide drainage improvements to the area and serve as an aesthetic amenity to the development. • The applicant is proposing a divided and landscaped entry way to FM 1378. • The applicant is aware that a development plan, preliminary plat and final plat must be approved prior to the issuance of building permits. Financial Considerations: Rezoning application fee in the amount of$400.00 -Paid Commission Recommendation: At the February 2, 2000, Planning and Zoning Commission meeting, the Commission voted by 3-2 to recommend approval of this case. Commissioner George was absent, Commissioner Schmader abstained, and Commissioner's Hogue and Wood voted nay. Specific concerns identified by the Commissioners voting nay were as follows: 1. Traffic along FM 1378; 2. Drainage; 3. Conflict with the Comprehensive Land Use Plan; 4. No off-street parking provided for the park dedication; 5. Proposed gravel jogging path; 6. Water pressure; and 7. Ingress/Egress Staff Recommendation: Approval due to the fact that the proposed density and development standards significantly reduce the overall density permitted by right. The Departments of Public Works, Fire, and Development Services concur with this recommendation. City Council Update: At the February 8, 2000, City Council Meeting,the Council tabled this case in order to allow the applicant an opportunity to address concerns identified by the Council. The applicant will be presenting a new Conceptual Plan at the meeting. Attachments: Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Comment Forms Public Hearing Notice Zoning Change Application Proposed Land Data Conceptual Plan Prepared by Reviewed by Finance City Manager Approval City of Wylie Memo To: Tobin Maples, Director of Development ServicesA From Mindy Manson, Assistant City Manager Mir I Data: 01/11/00 Re: The Cascades Subdivision—Parkland Dedication During the January 10, 2000 Park Board meeting, the Board recommended approval of the parkland dedication proposed for The Cascades Subdivision in lieu of fees. As a part of the motion, the Board specified the improvements of additional access easements on the east, south and west side of the pond area, the hike & bike trail around the ponds to be built in concrete, and the provision of a playground and picnic area by the ponds, all to be completed by the developer If you have any questions, please do not hesitate to let me know. •Page 2 AGENDA COMMUNICATION Date received by REQUEST FORM City Secretary: Submission for the council meeting of 2-22- 2000 . CONSENT TION ITEM ORIGINATING DEPARTMENT: Dev. Services. Circle one Agenda Communication Submitted by: Tobin on_2 / 16 / 00_. Financial Considerations Prepared by: Tobin . Financial Considerations Reviewed by: on_/ / ALL AGENDA COMMUNICATION REQUESTS MUST BE RECEIVED BY THE CITY SECRETARY'S OFFICE IN ACCORDANCE WITH THE SUBMITTAL DEADLINE SCHEDULE. Agenda Communication Request Forms must include the signature of the Finance Director prior to delivery to the City Secretary. After review, the City Secretary will forward to the City Manager. ISSUE: (Agenda Item Caption) Hold a Public Hearing and Act Upon a Final Plat for the Rush Creek Estates Phase II, 3rd Revision Addition, proposed by Jackson & Associates Land Surveyors, Incorporated for the property generally located along the north side of Rush Creek Drive between John Atkin and Pine Ridge, and being all of a Lots 14 and 15, Block A, of the Rush Creek Estates Phase II, City of Wylie, Collin County, Texas. ATTACHMENTS: Attachments to be included as support for this agenda item are attached and listed below: Final Plat Application Final Plat WYLIE CITY COUNCIL AGENDA ITEM NO. ,2000 ISSUE: (Agenda Item Caption) Hold a Public Hearing and Act Upon a Final Plat for the Rush Creek Estates Phase II, 3rd Revision Addition, proposed by Jackson& Associates Land Surveyors,Incorporated for the property generally located along the north side of Rush Creek Drive between John Atkin and Pine Ridge, and being all of a Lots 14 and 15, Block A, of the Rush Creek Estates Phase II, City of Wylie, Collin County, Texas. Background: The final plat under consideration is the Rush Creek Estates Phase II, 3rd Revision Addition, a replat of lots 14 & 15, Block A. The applicant is replatting two (2) lots into one (1) in order to develop the lot with a single family home. The property is currently vacant, zoned SF-3 (Single Family Residential), and platted as Lots 14 & 15, Block A, of the Rush Creek Estates, Phase II. Issues: • Staff has reviewed the proposed plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. • Due to the fact that the proposal under consideration is a replat of an existing subdivision zoned for residential uses, state law mandates that the City notify property owners within 200' in the original subdivision and hold a public hearing prior to taking action. Public Comment Forms were mailed to sixteen (16) property owners as required by state law. No Public Comment Forms have been returned. • The applicant is aware that all impact fees must be paid prior filing this plat with the county. Financial Considerations: Plat Application fees -Paid Planning and Zoning Commission Recommendation: At the February 1, 2000, Planning and Zoning Commission meeting, the Commission recommended approval of this case. Staff Recommendation: Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Final Plat Application Final Plat Prepared by Reviewed by Finance City Manager Approval AGENDA COMMUNICATION Date received by REQUEST FORM City Secretary: Submission for the council meeting of 2-22- 2000 CONSENT/ 2TION ITEM~ ORIGINATING DEPARTMENT: Dev. Services. Circle one Agenda Communication Submitted by: Tobin on_2 / 16_/ 00_. Financial Considerations Prepared by: Tobin Financial Considerations Reviewed by: on_/ / ALL AGENDA COMMUNICATION REQUESTS MUST BE RECEIVED BY THE CITY SECRETARY'S OFFICE IN ACCORDANCE WITH THE SUBMITTAL DEADLINE SCHEDULE. Agenda Communication Request Forms must include the signature of the Finance Director prior to delivery to the City Secretary. After review, the City Secretary will forward to the City Manager. ISSUE: (Agenda Item Caption) Consider and Act Upon a Final Plat for Phase II of the Lakeside Estates Addition, proposed by Carter & Burgess for the property generally located at the northeast corner of FM 544 and Springwell Parkway along the north side of the railroad, and being all of a certain 28.770 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. ATTACHMENTS: Attachments to be included as support for this agenda item are attached and listed below: Final Plat Application Final Plat COMMENTS: WYLIE CITY COUNCIL AGENDA ITEM NO. ,2000 ISSUE: (Agenda Item Caption) Consider and Act Upon a Final Plat for Phase II of the Lakeside Estates Addition, proposed by Carter &Burgess for the property generally located at the northeast corner of FM 544 and Springwell Parkway along the north side of the railroad, and being all of a certain 28.770 acre tract out of the Moses Sparks Survey, Abstract No. 849, City of Wylie, Collin County, Texas. Background: The final plat under consideration is the Lakeside Estates Phase II addition. The applicant is final platting 28.77 acres in order to develop the property with 138 single family lots. The property is currently vacant, unplatted, and zoned PD (Planned Development) for single family uses. Issues: • Staff has reviewed the final plat and found it to be in compliance with the Zoning regulations and other pertinent ordinances of the City of Wylie. Specifically,the proposed development complies with all applicable zoning, landscaping, parking screening, sidewalk, lighting, and access codes. • The applicant is aware that all impact and development inspection fees must be paid prior to filing this plat with the county. Financial Considerations: Plat application fee -Paid Planning and Zoning Commission Recommendation: At the February 1, 2000, Planning and Zoning Commission meeting, the Commission recommended approval of this case. Staff Recommendation: Approval The Department's of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Final Plat Application Final Plat i11•L__ Prepared by Reviewed by Finance City Manager Approval 02/14/00 11:06- FAX 972 380 4633 THE HOGAN CORPORATION V1 002/002 Issue Consider and at upon approval of final acceptance of the construction 30" sewer relocation, and authorize final payment to 1Vfid-Continent Excavation in the amount of$ 37,426.30 and accept the project as complete. Background On July 1, 1999,the Wylie City Council awarded a construction contract to Mid- Continent Excavation for the 30" sewer relocation project. The project involved the installation of approximately 2,500 total feet of sewer main at the old Service Center property. One change order was issued to install steel casing around the existing 12" water line located on the south side of FM 544 as required by the KCS railroad. Financial Considerations The original project amount was $361,850.00. The Change Orders brought the final contract price to $376,165.00. Other Considerations Acceptance by the City Council will initiate the one year warranty period in which the contractor is liable for any repairs which may be required in that time period. A provision in the contract provides that thee warranty period begins ion the date of final acceptance by the City. Staff Recommendations The Hogan Corporation and Staff recommends final acceptance of the project and issuing final payment to Mid-Continent Excavation in the amount of S37,426.30. The contractor has satisfactorily fulfilled the terms of the contract. Attachments Letter from the Hogan Corporation Final Payment Request Contractor Affidavit of Final Payment and Release Consent of Surety AGENDA COMMUNICATION Date received by REQUEST FORM City Secretary: Submission for the council meeting of February 22, 2000. CONSENT/ACTION ITEM ORIGINATING DEPARTMENT: City Manager. Circle one Agenda Communication Submitted by: NA ► nG� �"t� ►''scn on t4/ o-i/ob . Financial Considerations Prepared by: Financial Considerations Reviewed by: on Z /// /Oo. ALL AGENDA COMMUNICATION REQUESTS MUST BE RECEIVED BY THE CITY SECRETARY'S OFFICE IN ACCORDANCE WITH THE SUBMITTAL DEADLINE SCHEDULE. Agenda Communication Request Forms must include the signature of the Finance Director prior to delivery to the City Secretary. After review, the City Secretary will forward to the City Manager. ISSUE: Discussion and Consider authorizing the City Manager to enter into a contract with R.J. Enterprises for the operation of the concession stand at Community Park. (Agenda Item Caption) ATTACHMENTS: Attachments to be included as support for this agenda item are attached and listed below: COMMENTS: WYLIE CITY COUNCIL AGENDA ITEM NO. February 22, 2000 Issue Discussion and consider authorizing the City Manager to enter into a contract with R.J. Enterprises for the operation of the concession stand at Community Park. Background Staff received notice from Allen Weiss Enterprises that they would no longer be able to operate the concession stand at Community Park. Staff sent out Re quests for Proposals and two proposals were opened on Friday January 21. The proposals were reviewed by the Park Board on January 24. The terms of the contract are that the tenant pays the City a lease amount of 22%of the gross sales,after the deduction of sales tax. In addition, the current contract requires payment of$300.00 per year for the maintenance and/or improvements of the concession stand. As proposed, the types of items sold, as well as the prices, are comparable to those provided by the previous concessionaire. The contract limits increases in the prices to no more than 10%, unless otherwise approved. The contract also requires a satellite stand to be set up adjacent to the soccer and football fields for the convenience of park users. The terms of the contract are for one year with an option to renew for three years. Financial Consideration The revenue generated by the concession stand is approximately $12,000 per year. The revenue is returned to the Community Park Fund which was established to account for the revenue generated by public activity in the Park. The purpose of the Community Park Fund is to provide funding for the maintenance of facilities and paying the electric bills associated with the ballfield lights. Other Considerations Article VIII, Section 2 of the City Charter and Section 78-38 of the City Code identify the duties of the Park Board to serve in an advisory capacity to the City Council on the planning and development of parks and recreation facilities and the regulations governing their use. Board/Commission Recommendations The Park Board recommends entering into an agreement with R.J. Enterprises for the operation of the concession stand in Community Park. Staff Recommendations N/A Attachments Proposal—R.J. Enterprises Proposed Contract Draft Minutes—Park Board Prepared by Reviewed by Finance City Manager Approval CITY OF WYLIE MEMORANDUM DATE: February 17, 2000 TO: Mike Collins, City Manager FROM: Brady Snellgrove, Finance Directo SUBJECT: CPS In 1992, the City signed a contract with CPS Systems, Inc. for the purchase of its current financial system. The system runs on an IBM RS6000 computer and includes modules for the general ledger, accounts payable, payroll, utility billing and municipal court. Late in 1998, upgrades were installed for the software and a new RS6000 was purchased. Most recently, upgrades were installed during the latter part of 1999 to ensure that the system was Y2K compatible. During the past 7 years, the software has served the City well and has allowed the Finance Department to keep up with the increased demands of a growing City and an increasing employee base. Contact was regularly made with the Customer Service division at CPS and most problems were resolved in a timely manner. The City received notice in mid-January of this year that CPS had filed a Chapter 11 bankruptcy case in Dallas. At that time, Tyler Technologies, Inc. entered into an agreement with CPS whereby Tyler agreed to purchase substantially all of CPS' assets through the bankruptcy proceeding. Unfortunately, the City was informed yesterday that the agreement with Tyler will not be completed and that CPS ceased operations with the close of business on Tuesday, February 15th. The disposal/sale of its assets are now in the hands of the United States Bankruptcy Court. The Finance Department has made contact with several of CPS' former employees in Customer Service. One is a programmer and one services our hardware. Both of them have indicated that they are willing to help us in any way they can. However, the programmer does not have access to the company's source code if that becomes a problem. The Finance Department has also been in contact with other cities who use CPS software and will continue to communicate with them to share problems, concerns and any solutions each may have with its software. The Department is also contacting IBM about direct maintenance of the RS6000 computer. The City will be able to petition the Court for access to the source code, but until the final disposition of the code is made, we do not have access to it. The Court will probably put it up for auction and, per our conversations with former CPS employees, it is likely that someone will purchase it. It is unknown, though, whether the purchaser will maintain the software or, if the purchaser is another software company, will use this as a means to attempt to convert CPS customers to users of its software. The City has ceased its payments to CPS for hardware and software maintenance and client assistance and these monies will now be available to fund any contractual services the City may require until all issues are resolved. In the meantime, the Finance Department wants to assure you that it anticipates no disruption in the level of service it provides to the City's employees, utility customers, and vendors. If a problem occurs, we will work together to do everything necessary to pay our employees and vendors and bill our customers. Attachment: Company Press Release Wednesday January 19, 5:44 pm Eastern Time Company Press Release SOURCE: CPS Systems.Inc. CPS Agrees to Sell Assets to Tyler Technologies Through Bankruptcy Process DALLAS, Jan. 19/PRNewswire/ -- CPS Systems, Inc. (the "Company") announced today that the Company has entered into an agreement with Tyler Technologies, Inc. (NYSE: TYL -news; "Tyler") whereby Tyler has agreed to purchase substantially all of the Company's assets through a bankruptcy process of the Company. The Company today filed a Chapter 11 bankruptcy case in Dallas, Texas to accomplish this result. The sale is subject to bankruptcy court approval and to the receipt of higher and better offers for the Company's assets. The Company's senior secured creditor, Hanifen Imhoff Mezzanine Partners, has also agreed to the sale. The Company hopes to complete the sale in early March, although no dates have been established by the Bankruptcy Court. Under the purchase agreement, Tyler would(a) contribute to the Company's capital the $1.6 million in loans Tyler has made to the Company, (b) pay to Hanifen approximately $2.3 million in Tyler common stock or cash, at Tyler's option, to satisfy Hanifen's secured first lien position, (c) provide interim debtor-in-possession financing to the Company during the bankruptcy process, and(d) deliver to the Company's unsecured creditors, on a prorated basis, an amount equal to the difference between$2.8 million and the interim debtor-in- possession financing used by the Company during the bankruptcy process. With total debt obligations exceeding $12.5, the Company's common stock will retain no value. On December 23, 1999, the Company's common stock ceased trading on the American Stock Exchange. The Company develops, markets, implements and supports fully integrated software applications designed specifically for public sector organizations, including states, counties, townships, city governments and other municipal agencies. The Company's products address the following functional areas: (i) property tax appraisal and assessment, (ii) property tax billing and collection, and(iii) city and municipal systems. The Company has its headquarters in Dallas, Texas. SOURCE: CPS Systems, Inc.