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01-26-1999 (City Council) Agenda Packet
WYLIE CITY COUNCIL Agenda Tuesday, January 26, 1999 - 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 Rev. Mona Bailey,Corinth Presbyterian Pledge of Allegiance Proclamations & Presentations Proclamation declaring the week of February 7-14 as"Hearts of Kindness"week in the City of Wylie sponsored by the WISD Character Education Program. Presentation by Mr. Henry Garland regarding the Meals on Wheels Program. 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 ofthese items. If dsscusston is desired,that item will be removed form the consent agenda and will be considered separately. A. Approval of the Minutes from the January 12, 1999 Regular Meeting. B. Consider and act upon approval of final acceptance of the construction of Fire Station 1 and 2 and the authorization for final payment to Gibbs Construction in the amount of $30,450.00 and accept the project as complete.. C. Consider and act upon approval of final acceptance of the construction of interim drainage improvements along Valentine Park Creek,and authorization for final payment to Tri-Con Services,Inc. In the amount of$3,481.98,and accept the project as complete. D. Consider and act upon a replat for the Wyndham Estates Phase III, 1st Revision subdivision,proposed by Jackson and Associates Land Surveyors,Inc. for the property located at the north end of Windco Circle and being all of Lots 11-A, 12-A, 14, and 15 (1.513 acres)of Wyndham Estates Phase III,City of Wylie,Collin County,Texas. E. Approval of an Agreement between the City of Wylie,Collin County and the Kansas City Southern Railway Company. Item No. Agenda Item Action Taken ITEMS FOR INDIVIDUAL CONSIDERATION Public Hearings 1. Hold a Public Hearing to consider and act upon a request from the Kansas City Southern Railway Company and Tolmak,Inc.,for approval of a zone change from A(Agricultural); B-1 (Business); SF-A(Single Family Attached); SF-2& SF-3 (Single Family Residential) to B-1 (Business)and I(Industrial)for the property generally located at the northeast corner of Spring Creek Parkway and SH78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey, Abstract no. 688, City of Wylie, Collin County, Texas. ZC98-16. 2. Hold a Public Hearing to consider and act upon a request from J.C.Worley,for approval of a zone change from A (Agricultural)to B-2 (Business) for the property generally located along the south side of SH78 north of Wylie Ranch East Estates,and being all of Lot 6 of the Wylie Ranch Estates Commercial Park,according to the plat thereof recorded in Volume C,Page 8,plat records of Collin County,Texas. ZC98-15 Approval of Ordinance 3. Consider and Act Upon Approval of an Ordinance Appointing Members to a Citizens Bond Advisory Committee. Approval of Agreement 4. Consider and act upon approval of an Impact Fee Reimbursement Agreement with Centex Homes. Staff Reports Executive Session In accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated(Open Meeting Law). Section 551.074,Personnel Matters,Annual Review of the City Manager and Deliberation of Appointments to the Citizens Bond Advisory Committee. Reconvene into Open Meeting Take any action as a result of Executive Session. Adjournment. I certify that this Notice of Meeting was posted on this the Z/ day of , 1999 at 5:00 p.m.as required b law in accordance with Section 551.042 o e Texas G ernment Code. . ifilt4tA) ecretary Date Notice Removed The Wylie Municipal Complex is Wheelchair accessible. Sign interpretation or other special assistance for disabled attendees. Must be requested 48 hours in advance by contacting the City Secretary's Office at 972/442-8100 orTDD 972/442-8170. Page o2 of A MINUTES Wylie City Council Tuesday, January 12, 1999 - 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 12, 1999 at 7:00 p.m. with the following Councilmembers present: Joel Scott,Reta Allen,Lavern Ramsey,Merrill Young,J.C. Worley and Chris Trout. Staff members present were:Mike Collins,City Manager;Mindy Manson,Assistant to the City Manager;Brady Snellgrove, Finance Director;Jack Jones,Public Works Superintendent and Barbara Salinas,City Secretary. Invocation The Mayor asked Councilman Scott to give the Invocation. Pledge of Allegiance The Mayor asked Councilman Young to lead the Pledge of Allegiance. Proclamations & Presentations Proclamation declaring support of the February 20, 1999 Collin County Bond Election. The Mayor read a brief statement into the record regarding the Collin County Bond Election. Consent Agenda A. Approval of the Minutes from the December 8,1998 Worksession,December 15,1998 Joint Meeting and the December 21,1998 Special Called Meeting. B. Consider and act upon approval of a preliminary plat for the Oak Meadow Addition,proposed by Robert H. Sandlin for the property generally located along the south side of Brown Street between W.A.Allen Boulevard and Kreymer Lane and being all of a 34.02 acre tract out of the Francisco De La Pina Survey, Abstract No.688,City of Wylie,Collin County,Texas. Councilwoman Allen made a motion to approve Agenda Items A & B on the Consent Agenda. Councilman Worley seconded the motion. A vote was taken and the motion passed,7-0. Items for Individual Consideration Approval of Ordinances 1. Consider and act upon an ordinance establishing the transition to 3-year terms of office for the Wylie City Council. Assistant to the City Manager addressed this item. Ms. Manson stated that this ordinance was a result of the Charter Amendment which extended the terms of office from two to three years. This Ordinance will establish the transition period for those terms. Councilman Scott made a motion to approve the ordinance establishing the transition to 3-year terms of office for the Wylie City Council. Councilman Ramsey seconded the motion. A vote was taken and the motion passed,7-0. Wylie City Council Minutes January 12,1999 Page 1 ORDINANCE NO.99-1 AN ORDINANCE OF THE CITY OF WYLIE,TEXAS,AMENDING ORDINANCE NO. 85-3 AND WYLIE'S HOME RULE CHARTER, ARTICLE III, SECTION 1(A) (NUMBER, SELECTION, AND TERM) TO INCREASE THE TERM OF OFFICE THAT OF THE MAYOR AND COUNCILMEN SHALL SERVE FROM TWO (2) YEARS TO THREE (3) YEARS; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. Public hearings 2. Consider and act upon a request from Gary Defrain for Campbell Wylie Partners,for approval of a zone change from A (Agricultural) to PD (Planned Development) for single family, multifamily,business,and open space uses,for the property generally located at the northeast corner of McCreary Road and McMillan Road and being all of a certain 327.485 acre tract out of the John W. Mitchell Survey, Abstract No. 589 and the Lewis M. Marshall Survey, Collin County,Texas. ZC.No.98-13 Planning Director,Mr. Tobin Maples addressed this item. Mr.Maples provided an update to the Council stating that the Commission has tabled indefinitely. Mr.Maples stated that this case was advertised to come before the Commission at their regular meeting of January 19, 1999 and to the Council at the February 9, 1999 regular meeting. The Mayor then opened the public hearings and asked that anyone wishing to speak either for or against to come forward, limiting their comments to five minutes. With no response,the Mayor then closed the public hearing. Councilman Scott made a motion to table Item 2. Councilwoman Allen seconded the motion. A vote was taken and the motion passed,7-0. 3. Consider and act upon a request from J.C. Worley, for approval of a zone change from A (Agricultural)to B-2(Business)for the property generally located along the south side of SH 78 north of Wylie Ranch East Estates,and being all of Lot 6 of the Wylie Ranch Estates Commercial Park,according to the plat thereof recorded in Volume C,Page 8,plat records of Collin County, Texas. ZC.No.98-15 Planning Director, Tobin Maples addressed this item. Mr. Maples stated that staff was in receipt of a letter from the applicant to postpone this item until the January 26, 1999 regular meeting. Staff recommends that this item be tabled until the January 26 regular meeting. The Mayor then opened the public hearings and asked that anyone wishing to speak either for or against to come forward, limiting their comments to five minutes. With no response,the Mayor then closed the public hearing. Councilman Scott made a motion to table Item 3 until the January 26, 1999 regular meeting of the Wylie City Council. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. Approval of Purchase 4. Consider and act upon approval of the purchase of a Public Safety Computer Aided Dispatch (CAD)and Police Records Management System. Fire Chief English addressed this Item. Chief English provided Council with a brief presentation of the CAD and Police Records Management System and how it can effectively serve both the Police and Fire Departments. Wylie City Council Minutes January 12,1999 Page 2 Councilman Young expressed some concern regarding the maintenance costs. Mr. Tommy Galbraith, Vice President- Marketing,Integrated Computer System(ICS),explained that the maintenance costs covered normal operating support, questions from the users and enhancements to the system. Councilman Young then asked about training. Mr. Tommy Galbraith explained that they would train the trainer. Chief English explained that they would be identifying key personnel who would be responsible for complete knowledge of the system and training existing personnel as well as future hires. Chief English also added that Chief Butters was looking into a system that would tie into this system for the implementation of the Alarm Monitoring program and that the costs were in line with other systems they had researched. Councilman Trout had concerns regarding protection within the contract should the City only use the system for six months, or should the company go out of business. Mr. Tommy Galbraith stated that they could refund any excessive costs, if necessary. Finance Director,Brady Snellgrove,stated that typically payments are made either monthly or quarterly and that he recommends monthly. Mr.Tommy Galbraith then gave a brief history of the company. Councilman Young made a motion to approve of the purchase of a Public Safety Computer Aided Dispatch(CAD) and Police Records Management System. Councilman Trout seconded the motion. A vote was taken and the motion passed, 7-0. 5. Consider and act upon approval of the purchase of the Computer Aided Dispatch (CAD) Fire Reporting System. Fire Chief English addressed this item. Chief English provided Council a brief presentation of the Computer Aided Dispatch Fire Reporting System and how it can effectively serve the Fire Department and the some of the capabilities that will allow their Department prior knowledge of floor plans or if handicapped,or elderly victims are involved. Councilman Trout made a motion to approval of the purchase of the Computer Aided Dispatch(CAD) Fire Reporting System from Integrated Computer Systems(ICS). Councilman Worley seconded the motion. A vote was taken and the motion passed,7-0. Approval of Change Orders 6. Consider and act upon the approval of proposed Change Orders 2, 3, and 4 regarding the realignment and extension of the proposed 8" City water line located along Ballard Avenue. Mike Collins, City Manager advised Council that staff would like to schedule a Worksession to discuss the 1995 bond projects so that we may determine a dollar amount that may be available from those projects to fund said Change Orders. Specifically,projects identified as completed by private businesses or those to which easements have not been obtained. Mr.Collins stated that Council will have several options to finance this project. This request is for Council's authorization of Change Orders to expedite the project on behalf of the North Texas Municipal Water District. Mr. Collins then asked Mr. Jim Jenks,Hogan Corporation to address this item. Mr. Jenks provided Council with a brief history of this item and specifically,what each change order addresses. The Mayor had concerns regarding the trees and sidewalk placement. Mr. Jenks deferred to Mr. Stanton Forester,Traffic Engineer. Council had discussions regarding sidewalk placement with input from Mr.Forester. Mr.Forester stated that the west side of the street would be preferred for sidewalk placement citing and safer to walk while the east is under construction and would also line up with SH78 for after school crossing. Council had some concerns regarding the placement of the sidewalk on the east side. Mr.Forester stated that the School District did not state a preference. Mr.Forester stated that the time line for completion was to begin installation of the water main in February or March with construction through May and water line opened in June. The second phase would be the paving process which would begin in May and take approximately 60 days to complete. Mr. Forester stated that based on estimates,both lanes should be opened and cleared in October of 1999. He reminded Council that the concern of North Texas is getting the water to Garland. Wylie City Council Minutes January 12,1999 Page 3 There was some discussion regarding alternate routes during construction for automobile traffic. Mr.Forester explained that it may not be prudent to close the street due to public safety concerns. He stated that the School will be sending information to all families to encourage use of First and Second streets and that we may wish to accommodate with additional crossing guards. Councilman Scott asked that everything be done to ensure public information is distributed to those effected. Mr.Forester suggested that we could install sidewalks on both sides of the street,but that they would not be standard size due to the lack of right of way. Council asked that staff provide cost estimates for sidewalks on both sides of Ballard. There was some discussion regarding the median lighting,landscaping and provisions for a bike trail.Mr.Forester had concerns regarding a bike trail that would effect drainage and lack of easement without further damage to existing trees. Councilman Young made a motion to approve the proposed Change Orders 2, 3, and 4 regarding the realignment and extension of the proposed 8" City water line located along Ballard Avenue in an amount not to exceed $179,000. Councilman Trout seconded the motion. A vote was taken and the motion passed,7-0. Staff Reports City Manager,Mike Collins reported that he would be attending a meeting of the Downtown Merchants Association to discuss the progress of rebuilding those structures damaged by the fires. He also reported that due to a concern of the merchants,the barricades have been moved back to allow much needed parking yet keep pedestrian traffic away from the structures and that city staff would be monitoring the location of the barricades. Mr. Collins reported that BFI had been in contact with city staff and offered to provide assistance with the clean up. Also that Representative Sam Johnson has offered to sponsor a Worksession to discuss programs that could offer assistance to those effected by the fires. Mr. Collins reported that staff would like to schedule a Worksession to discuss capital project items,the Water District Agreement,and information on a local bond program. Council will be making appointments for a Citizens Bond Advisory Committee and Council will need to identify projects and give direction to the Committee. The Mayor stated that each Council member may bring forth 2-3 names and submit them to Diane Collins,City Manager's office. Those names should be provided no later than January 22, 1999. Finance Director,Brady Snellgrove reported that the City has earned a Certificate of Achievement for Excellence from the Government Finance Officers Association for 1997. He reported on the status of the auditors and audit report. Assistant to the City Manager,Mindy Manson reported the status for Collin County Day. She asked that Council contact their offices for travel arrangements. Public Works Superintendent,Jack Jones reported the status of the downtown lighting and that replacement of parts should ensure that they will be in working condition. Mr. Jones reported on the status of the refitting of all city street lights. He stated that he has meet with TU Electric representatives and they have a plan in place for replacement of all city lights. It was pointed out to Council that by changing the heads they are redirecting the lighting and cutting costs on electrical use. Mr.Jones also reported that they are also looking at specific areas of concern to install lighting. Mr. Jones also reported the status of the street construction project on Mardi Gras. He stated that it is complete with the exception of clean up. He reported that the entire project is 65-70%complete. Mr.Collins introduced Mr.Larry Fuson,Hogan Corporation to the Council. He stated that staff is currently working with the Hogan Corporation during the transition since the absence of Mr. Greg MacLean. He stated that staff would be working with the Hogan Corporation and that with the level of activity within the city,they would work to redefine the role of the Hogan Corporation. Worksession Presentation on Westgate Traffic Study Mr. Collins gave a brief history of the Westgate Way traffic problems including excessive speeds which resulted in an accident that did considerable damage to several homes. Wylie City Council Minutes January 12,1999 Page 4 Worksession -continued Mr. Stanton Forester gave a brief presentation on alternatives to reducing the speed on Westgate Way. After some discussion,Council directed staff to look at all methods described by Mr.Forester in efforts to control the speed issue. Executive Session The Mayor then adjourned into Executive Session at 8:45 p.m., in accordance with Chapter 551, Government Code, Vernon's Texas Codes Annotated (Open Meeting Law). Section 551.071, Discussion with City Attorney on a matter concerning Kansas City Southern Railroad in which the duty of the attorney to the governmental body under the Texas Disciplinary Rule of Professional Conduct of the State of Texas clearly conflicts with this Chapter; and Section 551.075 Conference with City Employees to review information from employees concerning Kansas City Southern Railroad; and Sections 551.071 Consultation with City Attorney;and 551.075 Conference with Employees to Discuss Issues Regarding the Future Development of Spring Creek Parkway. Reconvene into Open Meeting No action was taken as a result of the Executive Session. Adjournment. As there was no further business to come before the Council,the meeting was adjourned. John Mondy,Mayor Attest: Barbara A. Salinas,City Secretary Wylie City Council Minutes January 12,1999 Page 5 WYLIE CITY COUNCIL CONSENT AGENDA ITEM ;4/1: January 26, 1999 Item 8 Issue Consider and act upon approval of final acceptance of the construction of Fire Station 1 and Fire Station 2 and the authorization for final payment to Gibbs Construction in the amount of$30,450.00, and accept the project as complete. Background In June of 1998, upon authorization by the City Council, competitive sealed bids were solicited and received for the addition of office space and living quarters at Fire Station Number 1 and for the construction of Fire Station Number 2. The Council, meeting in regular session on June 23, 1998, awarded a contract to the lowest responsive bidder, Gibbs Construction. The City Manager was authorized to negotiate and execute the contract for an amount not to exceed $609,000 for both projects and a Notice to Proceed was issued to the contractor on June 24. Both construction projects were substantially completed within the specified contract time and the stations were adequately finished out for the October 31 grand opening and dedication ceremonies. Completion of Fire Station Number 2 included the installation of a temporary sewer lift station system. The attached memorandum provides a detailed explanation. Final inspections have now been performed and the work has been accepted by City staff. Gibbs Construction has submitted their final payment application in the amount of$30,450 which represents the five per cent contract retainage. Financial Considerations The construction cost of both stations was financed as part of a $1,060,000 seven year tax note which also included funding for 911 and CAD systems. The projects were completed within budget for the original negotiated contract amount of$609,000. Other Considerations N/A. Board/Committee Recommendation N/A. Staff Recommendation Staff recommends acceptance of the fire station projects and final payment in the amount of$30,450 to Gibbs Construction. Consent Agenda Item Final Payment- Gibbs Construction Page 1 Attachments Application For Payment City Manager's Memo to Council. A(1. HoL Prepared by Revie e by Finance City Manager Approval Consent Agenda Item Final Payment- Gibbs Construction Page 2 APPLICATION AND CERTIFICATE FOR PAYMENT A/A DOCUMENT G702 (Instructions on reverse side) PAGE One OF Two TO OWNER: City of Wylie PROJECT: Fire Stations for the City of Wylie APPLICATION NO: Five Distribution to: 2000 Hwy 78 North 1400 S. Ballard x❑ OWNER Wylie,TX 75098 555 Country Club Road PERIOD TO: 25-Nov-98 ❑ ARCHITECT Wylie,TX 75098 ❑x CONTRACTOR FROM(CONTRACTOR): Gibbs Construction,Inc. VIA(ARCHITECT): ARCHITECT'S ❑ 1855 Wall Street N/A PROJECT NO: N/A ❑ Garland,TX 75041 CONTRACT FOR: Tenant Improvement CONTRACT DATE: 25-Jun-98 Application is made for Payment, as shown below,in connection with the Contract. CONTRACTOR'S APPLICATION FOR PAYMENT Continuation Sheet,AIA Document G703, is attached CHANGE ORDER SUMMARY 1. ORIGINAL CONTRACT SUM $ 609,000 Change Orders approved in ADDITIONS DEDUCTIONS 2. Net change by Change Orders $ - previous months by Owner 3. CONTRACT SUM TO DATE(Line 1+2) $ 609,000 TOTAL $ - 4. TOTAL COMPLETED&STORED TO DATE $ 609,000 Approved this Month (Column G on G703) Number Date Approved 5. RETAINAGE: a. 0 %of Completed Work $ - (Column D+E on G703) b. 0%of Stored Material $ - Total Retainage(Line 5a+5b or TOTALS $ - - $ - Total in Column I of G703) $ - Net change by Change Orders $ - 6. TOTAL EARNED LESS RETAINAGE $ 609,000 (Line 4 less Line 5 Total) The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Appication for Payment has been 7. LESS PREVIOUS CERTIFICATES FOR $ 578,550 completed in accordance with the Contract Document, that all amounts have been paid PAYMENT(Line 6 from prior certificate) by the Contractor for work for which previous Certificated for Payment were issued and 8. CURRENT PAYMENT DUE $ 30450 payment received from the Owner, and that current payment shown herein is now due. 9. BALANCE TO FINISH, PLUS RETAINAGE $ (Line 3 less Line 6) State of: Texas Coun o allay • CONTRACTOR: Gib Construction, Inc. Subscribed .•- •-• Y th' day of :i.�iG . 1 99 ,;Ci�70'1H v Notary P .• .4 Worn. f.,....%1; ,'�'7.tsofTcxa By: , Date: / _� P A• ,i Is /� My Commissio -x fires: .�P•DG ::;�c r ��:� ,�.;,-�,Cz•Q -C21 Amount Certified $ ARCHITECT'S CERTIFICATE FOR PAYMENT (Attach explanation if amount certified differs form the amount applied for.) In accordance with the Contract Documents, based on on-site observations and the data comprising the above application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, By: Date: the quality of the Work is in accordance with the Contract documents, and the Contractor This Certificate is not negotiable. THE AMOUNT CERTIFIED is payable only to is entitled to payment of the AMOUNT CERTIFED. the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract. CONTINUATION SHEET AlA DOCUMENT li/U3 (instructions on reverse srue), ritur, L. ut 6 rrwuo AIA Document G702,APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: Five Contractor's signed Certification is attached. APPLICATION DATE: 15-Dec-98 In tabulations below, amounts are stated to the dollar. PERIOD TO: 25-Nov-98 Use Column I on Contracts where variable retainage for line items may apply. ARCHITECTS PROJECT NO: N/A Fire Stations for the City of Wylie A B C D E F G H I J ITEM DESCRIPTION SCHEDULED WORK COMPLETED MATERIAL TOTAL % BALANCE RETAINAGE NO OF VALUE PRESENTLY COMPLETED TO FINISH WORK FROM THIS STORED AND STORED (G + C) (C -G) PREVIOUS PERIOD (NOT IN TO DATE D OR E) (D+E+F) 1 General Conditions 46,000.00 46000 0 46,000 100% 0 0 2 Earthwork 38,000.00 38000 0 38,000 100% 0 0 3 Site Utilities 6,000.00 6000 0 6,000 100% 0 0 4 Paving 43,000.00 43000 0 43,000 100% 0 0 5 Pavement Striping 1,800.00 1800 0 1,800 100% 0 0 6 Landscaping & Irrigation 2,000.00 2000 0 2,000 100% 0 0 7 Concrete 63,000.00 63000 0 63,000 100% 0 0 8 Masonry 40,500.00 40500 0 40,500 100% 0 0 9 Lumber Package 27,000.00 27000 0 27,000 100% 0 0 10 Trusses 10,000.00 10000 0 10,000 100% 0 0 11 R. Carpentry/Framing 21,400.00 21400 0 21,400 100% 0 0 12 Casework 9,800.00 9800 0 9,800 100% 0 0 13 Insulation 3,600.00 3600 0 3,600 100% 0 0 14 Roofing 7,800.00 7800 0 7,800 100% 0 0 15 Sealants 1,300.00 1300 0 1,300 100% 0 0 16 Doors/Frames & Hard. 16,000.00 16000 0 16,000 100% 0 0 17 Overhead Doors 13,000.00 13000 0 13,000 100% 0 0 18 Windows 5,600.00 5600 0 5,600 100% 0 0 19 Drywall 26,000.00 26,000 0 26,000 100% 0 0 20 Flooring 11,600.00 11600 0 11,600 100% 0 0 21 Painting 14,700.00 14700 0 14,700 100% 0 0 22 Toilet Accessories 2,000.00 2000 0 2,000 100% 0 0 23 Plumbing 46,000.00 46000 0 46,000 100% 0 0 24 HVAC 24,000.00 24000 0 24,000 100% 0 0 25 Electrical 78,000.00 78000 0 78,000 100% 0 0 28 Overhead & Fee 39,000.00 39000 0 39,000 100% 0 0 29 Payment/Perform. Bond 11,900.00 11900 0 11,900 100% 0 0 30 31 .,.... .. .. 4 \ :x�,.. n,..,.•. .�.�••Y• , , .. ., .. ......,.., \,..n.,...,...........M.. :}•nv::4:•::}vY .......... .....� t'#I .;: ...1.......NIE •.\�''.�•{i��:•i�i\:.,.\ \... \\\v� .,,.� v ... n. \...... ..v �4 � ..,.....\...v ....n.h.4..., ..,.............._v.n....:.n...,.,.,.. ....,. � ...k,.. .,•. •\•:..........v :•.A.}k,•.�:tiiG:i?•.{•... WYLIE CITY COUNCIL CONSENT AGENDA ITEMrf/i January 26, 1999 Item C. Issue Consider and act upon approval of final acceptance of the construction of interim drainage improvements along Valentine Park Creek, and authorize final payment to Tri-Con Services, Inc. in the amount of $3,481.98 and accept the project as complete. Background In April 1997, The Hogan Corporation was authorized to prepare a Storm Drainage Study to identify and address problem drainage situations within the City. The study recommended interim and final improvements to address the various drainage problems and prioritized the projects based on potential for damage and cost. The Valentine Park Creek project was ranked first on the priority list. The urgency of this project prompted Council to authorize The Hogan Corporation to prepare plans and specifications for interim improvements in this area. Council amended the annual budget to include a $70,000 line item for the interim improvements. Tri-Con Services, Inc. was awarded the contract for the construction of interim drainage improvements along Valentine Park Creek on August 13, 1998 in the amount of$137,390.50. The scope of the project as bid included interim channel improvements to the channel between Ballard Avenue and Memorial Drive, a new culvert under Memorial Drive, and channel improvements to the lower section of the creek from Memorial Drive to Muddy Creek. Bids were taken on the overall channel work proposed in order to give the City the option of performing as much work on the channel as possible, based on the bids received. However, Change Order#1 was issued to reduce the contract price to $69,639.50 and limit the construction to the channel improvements between Ballard and Memorial only. Construction began on September 8, 1998 and was complete within the allotted contract time. A final walk through was performed by the City Staff, the Engineer and the Contractor. All work performed was in compliance with the plans and specifications and is acceptable to City Staff and the Engineer. All items noted as deficient have been corrected and the project is ready for final acceptance. Financial Considerations This project was part of the 1997 FY Budget, as amended. Drainage improvements to Valentine Park creek was budgeted for $70,000 in the amended FY 1998 Budget._The original contract amount was $137,390.50. Change Order#1, approved on December 4, 1998 decreased the contract by $67,751.00. This brought the actual final contract amount to $69,639.50. Consent Agenda Item Final Payment- Tri-Con Services, Inc. Page 1 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 the warranty period begins on the date of final acceptance by the City. Board/Commission Recommendations N/A Staff Recommendations The Hogan Corporation and Staff recommends final acceptance of the project and issuing final payment to Tri-Con Services, Inc. in the amount of$3,481.98. 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 I - Lou 'repare• by Review y Finance City Manager Approval Consent Agenda Item Final Payment- Tri-Con Services, Inc. Page 2 THE HOGAN CORPORATION Engineers • Planners • Consultants January 12, 1999 Mr. Mike Collins City Manager City of Wylie 2000 Hwy. 78 North Wylie, TX 75098 Attention: Lisa Price, Project Coordinator RE: Interim Drainage Improvements along Valentine Park Creek THC# 002-44.20 Dear Mr. Collins: We are submitting herewith for your review four (4) copies of Final Pay Estimate for the construction work completed by Tri-Con Services, Inc. for the period from October 1 through December 31, 1998, on the above referenced project. The items for this pay request have been reviewed and found to conform with the work actually performed. This final pay request includes the 5%retainage held on the 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 Pay Estimate, please execute all copies, retain two (2) copies for your files, return one (1) copy to this office, and send one (1) copy to Tri-Con Services, Inc., 3010 Main Street, Rowlett, TX 75088, along with your remittance in the amount of$3,481.98. Yours very truly, THE HOGAN CORPORATION �e./ , �--- arry K. uson, P.E. Vice Pr ident Enclosures �I) Member, Consulting Engineers Council of Texas 18333 Preston Road, Suite 455 Member, American Consulting Engineers Council Dallas, Texas 75252 TEL: (972) 380-4646 FAX: (972) 380-4633 Application for Payment No 2 - Final Payment Owner: City of Wylie For Period From: October 1, 1998 To: December 31, 1998 Project Name: Interim Drainage Improvements along Valentine Creek Owner's Project No.: Engineer's Project No.: 002-44.42 Contractor: Tri-Con Services,Inc. Address: 3010 Main Street Rowlett,TX 75088 CONTRACT AMOUNT CONTRACT TIME Part A Amount of Contract as Awarded: S69,639.50 Contract Date: September 1,1998 Change Orders: Start Date: September 1, 1998 #1 Time Allotted: 30 cal.days #2 Time Extensions: 0 cal.days #3 Revised Contract Time: 30 cal.days #4 Elapsed: 121.00 cal.days #5 %Time Elapsed: 403.33% #6 Remaining: -91 cal.days Total Change Orders: $0.00 Total Adjusted Contract: $69,639.50 ESTIMATE SUMMARY Amount Completed to Date(See Attached): S69,639.50 Material on Iland(Sec Attached): PROJECT TOTAL TO DATE: 100.00% S69,639.50 Less 0% Retainage: $0.00 Less Previous Payments: S66,157.52 Total Deductions: S66,157.52 (S66,157.52) TOTAL AMOUNT DUE THIS ESTIMATE: S3,481.98 Approved: �e By: By: e Date: Date: En ineer City of Wylie 1/12/99 Page 1 App for PayNo 2-Tri Con(Final) CONTRACTOR'S AFFIDAVIT OF BILLS PAID (To be executed prior to acceptance of project) STATE OF TEXAS COUNTY OF DALLAS Personally, before me the undersigned authority, on this day appeared Joe 0. Gipson , who, being duly sworn, on oath, says that he is a legal representative of Tri.—Con Services, Inc. (Full name of Contractor os in Contract) and that the contract for the construction of the project, designated as _ Interim Drainage Improvemnts along Valentine Park Creek Wylie, Texas (Project No) has been satisfactorily completed and that all bills for materials, apparatus, fixture, machinery and labor used in connection with the construction of this project have, to the best of my knowledge and belief,been fully paid. .frt'47 -- Signature Joe 0. Gipson President Title Sworn to and subscribed before me this ' / 12th day of January , 1999 . „00, LLY M. ANOLDWil Notary Public in and for NOTARY PUBUC $ State of TexasCounty,Texas lalt wit Comm.EV.11.17-2001 Dallas Instructions: If the Contractor is an individnal, he shall sicvn the affidavit. If the Contractor is a partnership, any partner may sign the affidavit. If the Contractor is a corporation, a person authorized by the by- laws or by the Board of Directors shall sign the affidavit. If the Contractor is a joint venture of individuals, any of the individuals may sign the affidavit. If the Contractor is a joint-venture of partnerships,or of individuals and partnerships,the affidavit may be signed by the individual or any partner of any partnership. If the contractor is a joint-venture in which a corporation is a party, separate affidavits must be executed in the name of the joint-venture; one by each corporation and one by each individual or partnership. Signatures for corporations should be by a duly authorized officer. If signature is by another, a showing of authority to sign must accompany the affidavit. Z0 'd 9 T t'LSLt>t'T Z ON' S3c I/Nei3S Noo—I211 LZ: S T a3M 66-2 T—Ntif Bond No. 20-59-77 PONSENT OF SURETY OWNER ❑ TO FINAL PAYMENT ARCHITECT ❑ CONTRACTOR ❑ AM Document G707 SURETY ❑ (Instructions on reverse side) OTHER ❑ TO OWNER: City of Wylie ARCHITECT'S PROJECT NO.: THC No. 002-44.20 (Namea,uta(ldre.") 200 Hwy. 78 Wylie, TX 75098 CONTRACT FOR: Drainage Improvements along Valentine Park Creek PROJECT: Drainage Improvements along CONTRACT DATED: September 1, 1998 (Nanle(nldaddrn.s') Valentine Park Creek In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above,the (/I1SC','tn(n)le ltllCr tlddre.,.;o(Sttrer'' The Insurance Company of the State of Pennsylvania 1999 Bryan St. , #1700, Dallas,' TX 75201 , SURETY, on bond of Tri-Con Services Inc. (n.;ernnwwandadd,'e'.,:tfa„n-actor) 3010 W. Main St. , Rowlett, TX 75088 , CONTRACTOR, hereby approves of the final payment to the Contractor,and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (Insert,tantc'cIndadcbessofOnite,y City of Wylie 200 Hwy. 78, Wylie, TX 75098 , OWNER, as set forth in said Surety's bond. I.N WITNESS WHEREOF,the Surety has hereunto set its hand on this date: December 1, 1998 (Insert in a riti,{,the nronth/i)ll(m ed br the unmc'ric Irate and real The Insurance Company of the State of Pennsylvania (Snrc'tr) fSig)trtltu-e o/nutbori_ed r'p,esentalirel Attest: —� Robbi Morales, Attorney-in-fact (Seal): Wriuted uanle and tWO p'�' , CAUTION: You should sign an original AIA document that has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. See Instruction Sheet for Limited License for Reproduction of this document. AIA DOCUMENT G707•CONSENT OF S1'RED(TO FINAL.PAYMENT• 1994 EDITION• 'AlA ©1994•THE.AAIERICAN INSTI'n'"ftOFARCHrrEcl;s,1-35 NEW YORKAVENI E,NW,WASH- ' r Z..1 .t ING'I'ON.D.C.30006-5393 • WARNING:Unlicensed photocopying violates U.S.copy- ���_ 994 right laws and will subject the violator to legal prosecution. WYLIE CITY COUNCIL CONSENT AGENDA ITEMrt/*It: January 26, 1999 Item No. p Issue: Consider and act upon a replat for the Wyndham Estates Phase III, 1st Revision subdivision, proposed by Jackson and Associates Land Surveyors, Inc. for the property located at the north end of Windco Circle and being all of Lots 11-A, 12-A, 14, and 15 (1.513 acres) of Wyndham Estates Phase III, City of Wylie, Collin County, Texas, Background: The final plat under consideration is the Wyndham Estates Phase III, 1st Revision subdivision. The applicant is replatting four (4) lots into one (1) in order to develop the property with business and industrial uses. The property is currently vacant, zoned I (Industrial), and platted as Lots 11-A, 12-A, 14, and 15 of the Wyndham Estates Phase III Addition. Other Considerations: • Staff has reviewed the proposed final plat and found it to be in compliance with the Subdivision Regulations and other pertinent ordinances of the City of Wylie. As a result, this case must be approved as it complies with state statues and the City of Wylie Subdivision Regulations. • Due to the fact that this is a replat of an existing subdivision, a preliminary plat is not required. Financial Considerations: • Final plat application fee in the amount $135.00 - Paid • Impact fees in the amount of$4058.64 Commission Recommendation: At the January 5, 1999, 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. Consent Agenda Item Replat of Wyndam Estates Phase III Page 1 Attachments: Final Plat Application Final Plat CM,1-7/a-L- rty) ; L Prepared by Revie d by inance City Manager Approval Consent Agenda Item Replat of Wyndam Estates Phase III Page 2 Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date: 11-9-98 Name of Proposed Development Lot 14R,Replat of Lots 11-A, 12-A, 14& 15 of Wyndham Estates Phase III Name of Property Owner/Developer Philman and Margaret Tito • Address 2813 Forest Park, Garland, TX 75040 Phone (972)530-4117 Owner of Record Philman and Margaret Tito Address 2813 Forest Park, Garland, TX 75040 Phone (972)530-4117 Name of Land Planner Jackson and Associates Land Surveyors, Inc. Don Jackson Surveyor/Engineer //61)1 Address 2600 W. F.M✓Highway Wylie, Texas 75098 Phone (972)-442-4045 Total Acreage 1.513 acres Current Zoning Industrial Numbers of Lots/Units 1 lots Sig r� fit- Art 4- 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. RECD NOV 2 01998 WYLIE CITY COUNCIL ;4/1.1 INDIVIDUAL CONSIDERATION January 26, 1999 Item No. E Consider and Act Upon the Approval of a Formal Agreement between Collin County, the City of Wylie and the Kansas City Southern Railway Company. There is no back up material for this item. Item for Individual Consideration Page 1 WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION January 267 1999 Item No. I. Issue: Consider and Act Upon a request from The Kansas City Southern Railway Company and Tolmak, Inc., for approval of a zone change from A(Agricultural); B-1 (Business); SF-A(Single Family>Attached), SF-2& SF-3 (Single,Family Residential)to B-1 (Business)and I (Industrial)for the property generally located at the northeast corner of Spring Creek Parkway and SH 78 and being all of a certain 202.392 acre tract out of the Francisco De La Pina Survey,'Abstract No. 688, City of Wylie, Collin County, Texas. Background: The applicant is requesting rezoning on 202.392 acres in order to develop the property with a high quality, rail-oriented industrial business park. Currently the property is vacant and zoned for A (Agricultural), B-1 (Business), SF-A (Single Family Attached), and SF-2 & SF-3 (Single Family Residential) uses. The properties to the north are vacant and zoned for I (Industrial) and A (Agricultural) uses The properties to the east and northeast are not within the City of Wylie proper. The properties to the south are zoned for A(Agricultural) and B-1 & B-2 (Business) uses and partially developed with a variety of uses, both conforming and non-conforming. The property to the west is vacant and zoned for MF(Multi-Family)uses. The property to the northwest is zoned I (Industrial) and developed with military uses (Armory). Public Comment Forms were mailed to twenty-nine(29)property owners within 200 feet of this request. One (1) Public Comment Form in support of the request has been returned. Other Considerations: • The Comprehensive Plan recommends industrial, retail, commercial, and business uses for the property. The proposed zoning is consistent with the Comprehensive Plan and compatible with the surrounding development. • At the November 17, 1998, Planning and Zoning Commission meeting, the applicant amended his application to include a request for a B-1 (Business) district zoning buffer along the SH 78 frontage. Specifically, the applicant stated that they would like to rezone the area fronting SH 78 at a depth of 300 feet to B-1 (Business). The request to rezone the remainder of the property I (Industrial) has not changed. • The applicant is aware that the property must be platted prior to the issuance of any building permits. Item for Individual Consideration Zoning Case No. 98-16 Page 1 Financial Considerations: Application fee in the amount of$425.00 - Paid Commission Recommendation: At the November 17, 1998, Planning and Zoning Commission meeting, the Commission voted unanimously to favorably recommend this case per the applicant's request to incorporate a 300 foot deep buffer of B-1 (Business) district zoning. Council Update: At the December 15, 1998, City Council meeting, the Council voted unanimously to table this case to the January 26, 1999, City Council meeting. Staff Recommendation: Approval. The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Public Comment Forms Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Ordinance 4g7/1,4_,_ • _ Y1 ( a Prepared by Revie d by Finance City Manager Approval Item for Individual Consideration Zoning Case No. 98-16 Page 2 PUBLIC COMMENT FORM (Please type or use black ink) Department of Planning 2000 Highway 78 North Wylie,Texas 75098 VI am FOR the requested zoning as explained on the attached public notice for Zoning Case#98-16. I am AGAINST the requested zoning as explained on the attached public notice for Zoning Case#98-16. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,November 17, 1998,7:00 pm Municipal Complex,2000 Highway 78 North, Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,December 15, 1998,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: ilGU4 (please int))ry J Address: cf5/c3---- Wylie Tax Account Number (if shown on enclosed map): -7/Xa v"a-o G 0 //2' —//U Signature: Ad, Date: /7/,_ 17 COMMENTS: > ILHH .,_____,..„,_.... v 7/ fa_5 ' ‘‘NN, SUBJECT _ PROPERTY I �� / .—=--\ t...- - r wil-----.... . . . izZ _______-- „ '. - 1 • ac o 0 .. pi . . - 0 State iq way a Ea i i 1 i '\i 11111T It li If llililllllll _-' I I I i'L I \\\ r1 it I (1 1 I1 I III -' llflllllilili \ 11111 (111 IIIIIIIIIIIIIII1 _ 1 1 1 1 1 1 1 1 1 —.� 11 1 1 1 1 1 1 1 1 1 1 I I 1 ' ,4 �`�r —.'\ W 1111 11I11111111- IHIIII I -iT - III - _`I11..- =!_ 1 111111 Iiiillil 1 i 1 I r ( �, '-----7\1 I 1 I 1 - I r / , I It I I /-',.. PROJECT LOCATION MAP ZONING CASE #98- 16 i ram. '' -.._... _ i ! / i % ! i i / • ;; A --� ; _ ;! 1" _ 7001 ' J1 1 A f,. %. ! , . c� an -..soma Te ailroa . ._.._ -- R-6688-002-2020-1 �o:elco I I _.._.._.. R-6688-002-1960-1 Atchison ._.- R-6688-003-0370-1 R-6688-003-03b0-1 ..Y SUBJET PROPERTY R-6688-003-2080-1 ie 1 •,l KCS SOUTH RN RAILWAY CO. B-2 a' &1 TOLMAK • O. L `'. i 1 r. I I ♦N A1 B-2 • ii . _I a t;ourt SF-2 i _ i 111111111111 �"- i ZONING AREA MAP ._.._.._.._.._.._.._-_-_..___.. __.._.._.._____.._.._.__ ZONING CASE #98- 16 . i /./ T'''''`...... // /// , //// ..., / 4 r/. /. ../ / .:/ : .../t / / 1 / /. ./ • 26 e_5 1" - 700' / . _____,...Thi___/.......___ i i / 1 ' . _ , ..... ...... ...z.....: „,.., ..,„ / , .. ._ ... . - , .,.. ,_... .....„.... . .. ,.., , .... .„, i 12 --- 25 24 _ , 1-- ' ' __------ ._... ... ,. . ! ! -- _ 16 14 1 15 .. .. .._--• --- _________ .. . . .. ,., _,.. . . . , , .. . ..,... ,.., :. . . . . . . . 4,\--- • siii-ifa-re---*ivF°9:---"--. • ' - - , R6688-002-2020-1 . . •-. -. 4 . .. ....----1.0—:eko °' . R-6688-002-1960-1 . --- __.. ..--gc-filson 20 . . _' - - _ - R-6688-003-0370-1 .._._ .........— .• _ 13 - R-6688-003-0360-1 .............— ............ ....----......_ 9 17 '' - • •- - •- . . - :- .. . ' R-6688-003-2080-1 SUBJE T PROPERTY ' .. . ' - . . . [:... ..- . .: . ......• ,.,. io KCS SOUTH RN RAILWAY.00... --. .. ., . . .. , . • 19. - ...-- ' ., '.-• .. .- :., .• 27 •- - 0. HWY 78 ... -... i 11 1 23 4 5 6 7 81 22 211 18 i • .--..., „. , .... „ . • i I „ . I I i _ _ „ / ,.., , ! „ -•„. ....---F, „Anne Court I a %... i . 1 `• 1 i 1 i 111 1 1 11 ....,--nw PROPERTY OWNER NOTIFICATION MAP .--------- ---- . _ ZONING CASE #98- 16 NOTIFICATION REPORT APPLICANT: Kansas City Railway &Tolmak, Inc. APPLICATION FILE # 98-16 1601 Bryan, 30th Floor Dallas, Texas 75201 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 1 Lot 1 R-1182-000-0010-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 2 Lot 2 R-1182-000-0020-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 3 Lot 3 R-1182-000-0030-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 4 Lot 4 R-1182-000-0040-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 5 Lot 5 R-1182-000-0050-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 315 Collie Court 6 Lot 6 R-1182-000-0060-1 Roy Neely Wylie, Texas 75098 Wylie Ranch East Comm. 315 Callie Court 7 Lot 7 R-1182-000-0070-1 Roy Neely Wylie, Texas 75098 Wylie Ranch East Comm. 315 Callie Court 8 Lot 8 R-1182-000-0080-1 Roy Neely Wylie, Texas 75098 Woodlake Village 7557 Rambler Road #1023 9 B Lot 1 R-2381-00B-0010-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 Woodlake Village 7557 Rambler Road #1023 10 C Lot 1 R-2381-00C-0010-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 5949 Sherry Lane #1225 11 Abst. 688-2 Tract 2 R-6688-002-0020-1 Myran Corporation Dallas, Texas 75225-8008 7557 Rambler Road #1023 12 Abst. 688-2 Tract 50 R-6688-002-0500-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 114 W. Eleventh 13 Abst. 688-2 Tract 196 R-6688-002-1960-1 Tolmak Inc.. _ Kansas City, MO 64105-1.804 7557 Rambler Road #1023 14 Abst. 688-2 Tract 198 R-6688-002-1980-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 2000 Hwy. 78 North 15 Abst. 688-2 Tract 199 R-6688-002-1990-1 City of Wylie Wylie, Texas 75098 2000 Hwy. 78 North 16 Abst. 688-2 Tract 200 R-6688-002-2000-1 City of Wylie Wylie, Texas 75098 7557 Rambler Road #1023 17 Abst. 688-2 Tract 202 R-6688-002-2020-1 Wylie Woodlake Partners L.C. Dallas, Texas 75231-2304 Wylie Highway 78 JV 5949 Sherry Lane #1225 18 Abst. 688-3 Tract 35 R-6688-003-0350-1 c/o Bobby Beilue Dallas, Texas 75225-8008 _ 114 W. Eleventh 19 Abst. 688-3 Tract 36 R-6688-003-0360-1 Tolmak Inc. Kansas City, MO 64105-1804 114 W. Eleventh 20 Abst. 688-3 Tract 37 R-6688-003-0370-1 Tolmak Inc. Kansas City, MO 64105-1804 1103 Dodd Drive 21 Abst. 688-3 Tract 41 R-6688-003-0410-1 Amy Parker Wylie, Texas 75098 1103 Dodd Drive 22 Abst. 688-3 Tract 44 R-6688-003-0440-1 Amy Parker Wylie, Texas 75098 23 Abst. 688-3 Tract 187 R-6688-003-1870-1 Arapaho East Inc. 114 W. Eleventh 24 Abst. 688-3 Tract 203 R-6688-003-2030-1 Tolmak Inc. Kansas City, MO 64105-1804 2000 Hwy. 78 North 25 Abst. 688-3 Tract 205 R-6688-003-2050-1 City of Wylie Wylie, Texas 75098 , 2000 Hwy. 78 North 26 Abst. 688-3 Tract 206 R-6688-003-2060-1 City of Wylie Wylie, Texas 75098 Wylie Enterprise Inc. 6206 Royal Lane 27 Abst. 688-3 Tract 208 R-6688-003-2080-1 c/o Robert Alexander Dallas, Texas 75230 Texas Department of Transportation P.O. Box 90 28 SH 78 Bill Lovil McKinney, Texas 75069 Applicant-Attn:Wm. Boyd 1601 Bryan, 4th Floor 29 KCS Railway Co &Tolmak, Inc. Dallas, Texas 75201 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: 98-16 Applicant: The Kansas City Southern Railway Company and Tolmak,Inc. Location: Generally located at the northeast corner of Spring Creek Parkway and SH 78 Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agricultural),B-1 (Business), SF-A(Single Family Attached),and SF-2&SF-3 (Single Family Residential) Requested Zoning: I (Industrial) Proposed rail-oriented industrial business park. 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,November 17, 1998,7:00 PM City Council: Tuesday,December 15, 1998,7:00 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. U I I Y U F- VV Y L I t P.O. BOX 428 RE X OCT 141998 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE 9 8 - 16 Case No. Filing Fee $425.000 Date: October , 1998 Applicants: The Kansas City Southern Railway Company Phone No.(214) 979-3000 and Tolmak. Inc. Work No. (214) 979-3000 Mailing Address: do Worsham. Forsythe & Wooldridge, L.L.P. 1601 Bryan, 30th Floor Dallas, Texas 75201 Attn: Wm. Stephen Boyd LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto). 1 See attached separate sheet Applicant hereby requests that the above described Property be changed from its present zoning, which, according to the City of Wylie zoning map, is variously A, Agricultural: B-1. Business-1:SF-A, Single-Family Attached: SF-2, Single-Family-2: and SF-3. Single-Family-3 District Classifications to an I. Industrial District Classification for the following reasons: (attach separate sheet if necessary) See attached separate sheet There is a deed restriction recorded at Volume 620, Page 545 of the Real Property Records of Collin County, Texas which affects a portion of the Property and involves fencing along The Kansas City Southern Railway Company right-of-way but which does not, however, pertain to the intended use of the Property. 2 Status of Applicant: Owner V Tenant Prospective Purchaser Applicants have attached hereto as Exhibit"A" a plat showing the Property which is the subject of this requested zoning change and have read the following concerning the importance of submitting to the City a sufficient legal description. Signed: The Kansas City Southern Railway Company Date #of pages Post• G'Z By: Fax Note R7 73 Wm. Stephe Boyd, its atto ney To Fax# G7 4rf/ 2:p Tolmak, Inc. From Phone# By: rjt , Wm. Steph n Boyd, its att rney WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATIONr/1/1 January 26, 1999 Item No. Issues: Consider and Act Upon a request from J.C.Worley,for approval of a zone change from A(Agricultural) to B-2(Business)for the property generally located along the south side of SH 78 north of Wylie Ranch East Estates,and being all of Lot 6 of the Wylie Ranch Estates Commercial Park, according to the plat thereof recorded in Volume C, Page 8,plat records of Collin County, Texas. ZC. No. 98-I5 Background: The applicant is requesting rezoning on 2 acres in order to develop the property with business uses. Specifically, the applicant is proposing an iron works business encompassing an office, showroom and warehouse. Currently the property is vacant and zoned for A(Agricultural) uses. The property to the north is vacant, zoned SF-A (Single Family Attached) and under consideration for rezoning to B-1 (Business) and I (Industrial). The property to the south is zoned A(Agricultural) and developed with single family homes. The property to the east is zoned A(Agricultural) and developed with a legal non- conforming business use. The property to the west is vacant and zoned for B-1 (Business) uses. Public Comment Forms were mailed to eleven (11) property owners within 200 feet of this request. One (1) Public Continent Form in support of the request has been returned. Other Considerations: • The Comprehensive Plan recommends retail, commercial, and business uses for the property. Precedent indicates that identical request along this corridor have been denied in the last three years under the premise that conflicts exist between certain uses permitted in the B-2 (Business) district and the Comprehensive Plans recommendation for this corridor. Specifically, the B-2 (Business) district allows many uses which are more industrial in nature and, therefore, may not be appropriate at this location. • The applicant is requesting a B-2 (Business) classification in order to allow light fabrication and assembly of iron. Light fabrication and assembly is permitted within the B-2 (Business) district provided that such facilities are completely enclosed within a structure not exceeding 8,000 square feet, and provided that no effects from noise, smoke, glare, vibration, fumes or other environmental factors are measurable at the property line. • The applicant has indicated that he intends to construct an eight foot masonry screening wall along the southern property line in order to buffer the proposed use from the existing residential to the south. Item for Individual Consideration Zoning Case No. 98-15 Page 1 Financial Considerations: Application fee in the amount of$225.00 -Paid Commission Recommendation: At the December 1, 1998, Planning and Zoning Commission meeting, the Commission voted by 6-0 to recommend approval of this case. Commissioner Wood did not attend the meeting. Council Update: At the January 12, 1999, City Council meeting, the Council voted unanimously to table this case to the January 26, 1999, City Council meeting. Specifically, the applicant requested that the case be tabled in order to allow the applicant and staff an opportunity reexamine the proposal. Staff Recommendation: Approval The Departments of Public Works, Fire, and Community Development concur with this recommendation. Attachments: Public Comment Form Location Map Area Zoning Map Property Owner Notification Map Property Owner Notification Report Public Hearing Notice Zoning Change Application Ordinance Caa(AA4q'- Prepared by Review y Finance City Manager Approval Item for Individual Consideration Zoning Case No. 98-15 Page 2 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#98-15. I am AGALNST the requested zoning as explained on the attached public notice for Zoning Case#98-15. Date,Location&Time of Planning&Zoning Commission meeting: Tuesday,December 1, 1998,7:00 pm Municipal Complex,2000 Highway 78 North,Wylie,Texas Date,Location&Time of City Council meeting: Tuesday,January 12, 1998,7:00 pm ' Municipal Complex,2000 Highway 78 North,Wylie,Texas Name: O / V eC/ (please print) Address: if /tIrt Wylie Tax Account Number r (,1 (if shown on enclosed map): (r-ci) cYd 76 Signature: Date: , 'f/ COMMENTS: i //' : .1 ,`, i� ` i , I I J /�‘ '. ! - r roPeTco'onr- •P `� _—I--k{,c�is0n - • t' 1 _ 1 _ -r' I I ! I `' I SUBJECT 1 i ""� ' PROPERTY 1 ! ! i ! I I a ! L.. I 1 . 1 i 1 , C 1 i L 1 i 1 1 State Highway No. 78 I i i 1 ! i 1 1 1 1 i ! 1 i i 1 1 i 1 I ! I 1 I i 1 Cale Court 1 U i ! 33. i / I ! 1 I I [ (� Illllll lIf Donna Drive 1 ! 1 ! aui I x^" I 1 I ! 11I-1. i 1 i Ln I i 5 , . 1 I I< --1 un ?x 433' :rorn .. I 1 1 i 1 I I 0 I j i i I 1 i i I ! I i I 1 1 i i i 1 i F--- i a i _ 1 1 1 1 I I i I ! t--L.- 1 `-- 1 8 1 PROJECT LOCATION MAP ZONING CASE #98-15 SF - 3 SF - 2 MF ) ,L-3 SF SF -A B- 1 U' State Highway No. 78 SUBJECT Br2j B- 1 PPER A , 2 B- 2 Callie Court A ,.=30CY 8 U Donna Drive ZONING AREA MAP ZONING CASE #98-15 Tolmak Inc. R-6688-002-1960-1 State Hichway \ o . 78 i � 1 foic% ,teos txee" SUBJECT s PROPERTY ffP- 13bprN1,is� Roy ;054.1.5552:\ �11� i _�c,A' NooIy CApCY . R-1182-000- 0060-1 J. Anderson H. Routon R-1181-000- R-1181-000- H. Nelson R-1181-000- 0030-1 0040-1 0050-1 Collie Court 1°-200' PROPERTY OWNER NOTIFICATION MAP ZONING CASE #98- 15 NOTIFICATION REPORT _ _ APPLICANT: J.C.Worley APPLICATION FILE # 98-15 211 Industrial Court Wylie, Texas 75098 # BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 1 ---- Lot 4 R-1182-000-0040-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 3831 Turtle Creek Blvd #10G 2 ---- Lot 5 R-1182-000-0050-1 IRM Investments Dallas, Texas 75219-4413 Wylie Ranch East Comm. 315 Callie Court 3 ---- Lot 6 R-1182-000-0060-1 Roy Neely Wylie, Texas 75098 Wylie Ranch East Comm. 315 Callie Court 4 ---- Lot 7 R-1182-000-0070-1 Roy Neely Wylie, Texas 75098 Wylie Ranch East Comm. 315 Callie Court 5 ---- Lot 8 R-1182-000-0080-1 Roy Neely Wylie, Texas 75098 Wylie Ranch East P.O. Box 831154 6 Lot 3 R-1181-000-0030-1 John Anderson Richardson, Texas 75083-1154 Wylie Ranch East 340 Callie Court 7 ---- Lot 4 R-1181-000-0040-1 Harlan Routon Wylie, Texas 75098 Wylie Ranch East 350 Callie Court 8 ---- Lot 5 R-1181-000-0050-1 Henry Nelson - Wylie, Texas 75098 114 W. Eleventh 9 Abst. 688-2 Tract 196 R-6688-002-1960-1 Tolmak Inc. . Kansas City, MO 64105-1804 Texas Department of Transportation P.O. box 90 10 ---- SH 78 Bill Lovil McKinney, Texas 75069 Applicant 211 Industrial Court 11 J.C.Worley Wylie, Texas 75098 • 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: 98-15 Applicant: J.C.Worley Location: Generally located along the south side of SH 78 north of Wylie Ranch East Estates Property Description: (See the attached Exhibit"A"for full legal description) Present Zoning: A(Agricultural) Requested Zoning: B-2(Business) Proposed Office,Showroom and Warehouse for Iron Works Business. 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,December 1,1998,7:00 PM City Council: Tuesday,January 12,.1998,7:00 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. "EXHIBIT A" ALL OF LOT 6 OF THE WYLIE RANCH ESTATES COMMERCIAL PARK, AN ADDITION IN COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME C, PAGE 8, PLAT RECORDS OF COLLIN COUNTY, TEXAS. OCTOBER 26, 1998 PLEASE BE ADVISED THAT J.C. WORLEY HAS OUR CONSENT TO APPLY FOR ZONING ON LOT 6, WYLE RANCH EAST' MERCIAL EST TES. J ICE NEELY • Ii R NEELY rage 1 or 2 (5/S CITY OF WYLIE . P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE • Case No. 7'-/S Filing Fee L 2.S-O0 . Date /o /2 364._ Applicant ,.f,G . L o2c.E'y Phone No. Y5/2—Ai-7/ Mailing Address: Work No. y y 2 - C.z93 211 Ioo0s-m-1K Co,itii ( u'1Luc 1 7)4.. 7s-a98 LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space 'is needed for description, the description may be put on a separate sheet and attached hereto).1 I hereby request that the above described property be changed from its present zoning which is A- District Classification to for the following reasons: ,id District Classification (attach separate sheet if necessary) a o,'os, a t_oC-el-I,0 ei - Grpic e 1 S/44,,..1 &oo q. uj 4rtV7f+u 3 e Co A. /toJ /3os tJcs-S.1' Lo7"f1`Go (4VL/It Apl-A./cli �S7i4-/c,— Cd"'w.eh-ic at There (are) are no deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner _ Tenant . Prospective Purchaser i . I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed , C . '-i ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO B-2, BUSINESS DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of B-2, Business District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7. The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this day of , 1999. By John Mondy, Mayor ATTEST: Barbara Salinas, City Secretary "EXHIBIT A" ALL OF LOT 6 OF THE WYLIE RANCH ESTATES COMMERCIAL PARK, AN ADDITION IN COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME C, PAGE 8, PLAT RECORDS OF COLLIN COUNTY, TEXAS. WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION January 26, 1999 Item No. 3 . Issue Consider and act upon approval of an ordinance appointing members to a Citizens Bond Advisory Committee. (CBAC) Background The City Council is considering calling a local Bond Election for May 1999. The City Council's desire is to appoint a Citizens Bond Advisory Committee (CBAC) to develop a Bond Program for recommendation to the City Council at its March 24, 1999 - regular meeting. The responsibility of the CBAC will be to develop a recommendation regarding the total amount of the bond issuance and the specific projects to be included in the proposition (s) presented to the voters. A primary goal of the CBAC would be to ensure that the Bond Program is fiscally responsible and maximizes the opportunity to leverage non-local sources of revenue, adequately addresses current critical needs and positions the city for future growth, and is beneficial to sectors throughout the city. Each council member was asked to make at least three appointments to the CBAC. Following these appointments being made and the formation of the committee, at the direction of the City Council staff will meet with the CBAC and establish a meeting schedule. A recommendation is made that the CBAC meet a minimum of four(4) times to consider all relevant information. A comprehensive list of water, wastewater, street, drainage, and other projects, including justifications and cost estimates would be presented to the CBAC. Other potential projects, including parks and recreation, library, public safety equipment, and City Hall and City Council Chamber renovations, would also be included at the direction of City Council or the CBAC. Also presented, would be a detailed financial analysis that provides utility rate and debt comparisons with area cities. The City Manager's Office will serve as liaison to the CBAC. The City Engineer and City Attorney will provide any necessary technical support. Financial Considerations N/A Other Considerations Article VII,Board and Commission, Section 2E allows the City Council to create, abolish, establish and appoint other boards, commissions and committees as it deems necessary to carry out the functions and obligations of the city. The City Council shall by ordinance, prescribe the purpose, composition, functions, duties, accountability and tenure of each such board, commission and committee. Individual Consideration Appointing Members to Citizens Bond Advisory Committee Page I Board and Commission Recommendation N/A Staff Recommendation N/A Attachments Ordinance Proposed Meeting Schedule + -1)/12_, e,e0.,/,-.44. f)in Prepared by Revi d by Finance City Manager Approval Individual Consideration Appointing Members to Citizens Bond Advisory Committee Page 2 Tentative Meeting Schedule May 1, 1999 Bond Election Meeting Date City Council - Appointment of Citizens Bond January 26, 1999 Advisory Committee 1st Advisory Committee meeting Week of February 1st Presentation of Projects/Needs -Water, Sewer, Drainage, Streets, Parks, Misc. 2nd Advisory Committee meeting Week of February 8th Continued Presentation and discussion of Projects/Needs - Water, Sewer, Drainage, Streets, Parks, Misc 3rd Advisory Committee meeting Week of February 15 Prioritization of Projects/Needs - Presentation of financial considerations 4th Advisory Committee meeting Week of March 1st Formulation of Recommendation Advisory Committee/City Council March 9, 1999 Advisory Committee present recommendations to Council City Council - Finalize Ballot Language March 23, 1999 Election May 1, 1999 Suggest Mondays in February (Thursday 4th is Downtown Merchants, Thursday the 18th is Comp Plan); If a 5th meeting is needed, can schedule 2 meetings the week of March 1st Week of Feb 22 - there are no evenings which are not either meetings, Collin County Day or City Manager's Problem Solving Clinic ORDINANCE NO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS ESTABLISHING A CITIZENS BOND ADVISORY COMMITTEE (CBAC); PROVIDING FOR THE SCOPE AND AUTHORITY OF THE COMMITTEE; AND PROVIDING FOR THE APPOINTMENT OF THE MEMBERS. WHEREAS,the City Council of the City of Wylie is considering calling a local bond election for May 1999; and WHEREAS, the City Council's desire is to appoint a Citizens Bond Advisory Committee (CBAC)to develop a Bond Program for recommendation to the City Council at its March 24, 1999 Regular Meeting; and WHEREAS, the CBAC has the responsibility to develop a recommendation regarding the total amount of the bond issuance ad the specific projects to be included in the proposition(s) presented to the voters; and WHEREAS,bond projects are necessary in order to avoid falling behind in maintaining our vital city infrastructure, are essential for the city to operate efficient and effective systems today, and to allow the city to better position itself for future growth; and WHEREAS, a successful bond program can demonstrate to potential investors, industrial prospects and to existing businesses considering an expansion that citizens are willing to make investments to improve the community; and WHEREAS,the citizens approval of general obligation bonds totaling at least $2.4 million will leverage matching funds of approximately $9.3 million from Federal, State and County sources. NOW,THEREFORE BE IT ORDAINED by the City Council of the City of Wylie, Texas, that: SECTION 1. Membership. The City Council may appoint twenty-one (21) members, whose members may or may not be registered voters. The City Council shall appoint a Chair and Vice-Chair to lead this committee. The City Manager's office or his designee will serve as the staff liaison. The City Engineer, City Attorney and Financial Advisor, First Southwest Corporation will meet with committee as appropriate. SECTION 2. Meetings. The Citizens Bond Advisory Committee shall meet, at a minimum, four (4) times, according to a schedule established by the CBAC. All meetings shall conducted in accordance with the Texas Open Meetings Act. Ordinance No. Page 2 SECTION 3. Authority. The Citizens Bond Advisory Committee shall be a recommending body with no budget or administrative authority. SECTION 4. Charge. The Citizens Bond Advisory Committee is charged with the following: (a) Discuss and consider a list of water, wastewater, street, drainage and other projects including those related to parks and recreation, library, public safety, and city hall renovations, based on justifications and cost estimates prepared for and requested by the Committee. (b) Ensure that the Bond Program is fiscally responsible and maximizes the opportunity to leverage on-local sources of revenue, adequately address current critical needs and positions the city for future growth and is beneficial to all sectors throughout the city. © attend public meetings as advocates of the process and the product. (d) make recommendations to the City Council at the March 24, 1999 regular meeting regarding the total amount of the bond issuance and the specific projects to be included int he proposition(s) presented to the voters. (e) the City Council reserves the right to amend or deny any recommendation made by the committee. SECTION 5. This Ordinance shall take effect immediately upon its publication and passage by the City Council of the City of Wylie. DULY PASSED AND APPROVED this 26 day of January, 1999. John Mondy, Mayor ATTEST: Barbara A Salinas, City Secretary WYLIE CITY COUNCIL INDIVIDUAL CONSIDERATION January 26, 1999 Item No. 4 Issue Consider and act upon approval'of an Impact Fee Reimbursement Agreement with Centex Homes Background The City of Wylie's 10-Year Water and Sewer Capital Improvement Plan (CIP) identifies the major infrastructure improvements which are necessary to support the projected population growth during the 10-year period. The projected construction costs for these projects are the basis for water and sewer Impact Fees which are currently assessed. In order to provide sewer service to Phases III, IV, and V of Newport Harbor, it was determined that Centex Homes would need to construct a 12,205 linear foot, off-site gravity line which would connect the development to the Muddy Creek Interceptor line. Although a 12" line was all that was necessary to serve the subdivision and meet the City of Wylie's development standards, the CIP reflected a 21' - 24' line which would provide sewer service to a much larger service area. An opportunity presented itself to work with the developers to construct a sewer line which would not only provide the necessary services to the Newport Harbor Subdivision but would put the infrastructure in place to serve the entire area. Staff met with representatives of Centex Homes who agreed to build the sewer line to the size reflected on the CIP. The City's Impact Fee Ordinance states: The city may agree that an owner of a new development may construct or finance the capital improvements or facility expansions, and the costs incurred or funds advanced will be credited against the impact fee otherwise due from the new development. The city may agree to reimburse the owner for such costs from impact fees paid from other new developments that will use such capital improvements or facility expansions or the owner voluntarily requests the city to reserve capacity to serve future development and the city and the owner enter into a valid written agreement. The Section 6 of the Wylie Subdivision Regulations also provide for the City's participation in construction costs which represent the over-sizing of water and sewer lines. The Agreement proposed with Centex Homes calls for the City to reimburse the sewer Impact Fees which have been paid for the development and to participate in the cost of the over-sizing of the line. The cost of the over-sizing will be paid to the developer as Wylie assesses and collects sewer Impact Fees for new development that will utilize the sewer line. Item for Individual Consideration Agrement with Centex Page 1 Financial Considerations The total amount to be reimbursed to Centex Homes is $600,000. The amount of sewer Impact Fees that have been paid by the developer for Phases III, IV, and V of Newport Harbor is $440.681.00, which will be reimbursed immediately upon approval of the Agreement by Council. The balance of $159,319.00 will be reimbursed to the developer as sewer Impact Fees are collected from new developing tying on to the newly constructed sewer line. The Agreement specifies that there is no certain date by which the $159,319.00 is due to the developer, but that the payment shall be made only as the Impact Fees are collected. Other Considerations Section 395.019(2) of the Texas Local Government Code grants the City the ability to utilize Impact Fees for reimbursement to developers for the costs incurred in the construction of capital improvements identified within the adopted Capital Improvement Plan. Board/Commission Recommendation N/A Staff Recommendation N/A Attachment Impact Fee Reimbursement Agreement I // it,-Aar.-ac.milk .00 'Mod1/4kt 6140, Prepar y Revie Of by Finance City Manager Approval Item for Individual Consideration Agrement with Centex Page 2 Sent by: Abernathy, Roeder, Boyd, Jop 972-562-0202 ; 01 /21/99 12:15; je1fgx ..#340;Page 3/7 IMPACT FEE REIMBUJR$FMENT AGREEMENT This Impact Fee Reimbursement Agreement(the"Agreement") is made and entered into as of this the day of , 1999,by and between Centex Homes,a Nevada general partnership(the"Developer"),and the City of Wylie,Texas("Wylie"), on the teens and conditions hereinafter set forth. WHEREAS,the Developer has completed construction of an off-site sanitary sewer line to provide sewerage services(the"Project")to the service area which is more particularly described in Exhibit"A"which is attached hereto and incorporated herein for all purposes(the "Service Area");and WHEREAS,the Project is identified as a new capital improvement on Wylie's Capital Improvements Plan; and WHEREAS, the Project consists of approximately 12,205 linear feet of gravity line necessary for development of all of the land within the Service Area;and WHEREAS, Wylie is entitled to collect impact fees for water and sewer utilities,as prescribed in Wylie Ordinance No. 90-10,as amended or supplemented by Wylie Ordinance Nos. 93-4 and 97-4(hereinafter referred to collectively as the"Impact Fee Ordinances");and WHEREAS,the Developer has paid to Wylie the required impact fees in accordance with the Impact Fee Ordinances for its Newport Harbor Subdivision in the total amount of $440,681.00; and WHEREAS,the Developer has paid the construction costs for the Project in the total amount of$703,236.44;and WHEREAS, Wylie has agreed to participate in the Project construction costs which are associated with over sizing the sewer line; and WHEREAS,the Developer and Wylie desire to document their agreement relative to certain reimbursements or credits to the Developer of impact fees paid by the Developer to Wylie in the construction of the Project; and WHEREAS,the Developer and Wylie have agreed that Wylie will reimburse to the Developer a total amount of S600,00.00 in accordance with the terms set forth below. NOW,THEREFORE, in consideration of the covenants and conditions contained in this Agreement,the Developer and Wylie agree as follows: IMPACT FEE REIM$URSEMENT AGREEMENT-Puge 1 rbbl:ltnbox4 wylic\impvutreim.gV012199 Sent by: Abernathy, Roeder, Boyd, Jop 972-562-0202 ; 01/21 /99 12:15; JetFax #340;Page 4/7 1. Property Subject to Agreement. The property that is subject to this Agreement is attached hereto as Exhibit"A"and incorporated herein for all purposes. 2. Reimbursement Payments to Oeveloper. Wylie will reimburse the Developer out of its impact fee account according to the terms set forth below; a. upon execution of this Agreement, Wylie will pay the Developer$440,681.00,representing the reimbursement of sewer impact fees;and b. in accordance with§395.019(2), Texas Local Government Code,and Section 6 of Wylie's Subdivision Regulations, Wylie will pay$159,319.00 to the Developer,representing Wylie's participation in the Project construction costs which are associated with over sizing the sewer line. Wylie will pay$159,319.00 to the Developer as Wylie assesses and collects impact fees from other new developments that will use the capital improvements constructed by the Developer in the Service Area,which fees will be collected and$159,319.00 will be reimbursed to the Developer at the time the other new development records its plat. The parties acknowledge that there is no specified date by which the$159,319.00 is due and payable to the Developer, but such reimbursement payment shall be made by Wylie only if,as and when the impact fees are collected by other developments that will use the capital improvements constructed by the Developer in the Service Area. 3. Limitations on Agreement. The parties acknowledge that all obligations of Wylie under this Agreement are limited by the requirements of the Impact Fee Ordinances permitting Wylie to recover costs for thoroughfares,water and sewer facilities. Any other ordinances of Wylie covering property taxes,park dedications and/or payments in lieu of dedication of land, utility rates and the like are not affected by this Agreement,and Developer shall have no right to any reimbursements of any portion of any sums collected by Wylie with respect to the property described in this Agreement pursuant to any ordinances other than the Impact Fee Ordinances. 4. Miscellaneogs. a. This Agreement is not assignable. b. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the IMPACT PEE REIMAtfRSBM£Nr AGREEMENT-Page 2 rbA:'mbox4\wylielimputreim"OM 12 199 Sent by: Abernathy, Roeder, Boyd, Jop 972-562-0202 ; 01/21/99 12:16; jetfax #340;Page 5/7 provisions hereof or by the mutual written agreement of the parties hereto. c. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County,Texas. d. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. e. This Agreement may be executed in a number of identical counterparts, each of which shalt be deemed an original for all purposes. f. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears,that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so,and such authorization is valid and effective on the date hereof. g. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid,illegal or unenforceable in any respect,such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid,illegal or unenforceable provision had never been contained herein. h. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning,and any presumption of principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. i. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. IMPACT FEE REIMBURSEMENT AGREEMENT-Page 3 rb✓l:4nboxi\wyl ic4mpartraim.agV012 199 Sent by: Abernathy, Roeder, Boyd, Jop 972-562-0202 ; 01 /21/99 12:16; Jejfau #340;Page 6/7 IN WITNESS WHEREOF,the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. CENTEX HOMES, CITY OF WYLIE,TEXAS a Nevada general partnership By: Its: JOHN MONDY,Mayor Date: Date: ATTEST: BARBARA SALINAS,City Secretary IMPACT FEE REIMBURSEMENT AGREEMENT-Page d rm.-waved\wy lieu rrinaccre i m.agr/0121 Sri Sent by: Abernathy, Roeder, Boyd, Jop 972-562-0202 ; 01/21/99 12:16; #340;Page 7/7 STATE OF TEXAS * COUNTY OF BEFORE ME,the undersigned authority,on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for CENTEX HOMES, a Nevada general partnership,and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1999. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS COUNTY OF COLLIN BEFORE ME,the undersigned authority,on this day personally appeared known to me to be one of the persons whose names are subscribed to the foregoing instrument;he/she acknowledged to me he/she is the duly authorized representative for the CITY OF WYLIE,TEXAS,and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of , 1999. Notary Public in and for the State of Texas My Commission Expires: IMPACT FEE REIMBURSEMENT AGREEMENT-Page 5 rWI:Vnboz4\wyIae1impacueim.set/012I 99